093_HB1107ham002 LRB093 02688 SJM 12873 a 1 AMENDMENT TO HOUSE BILL 1107 2 AMENDMENT NO. . Amend House Bill 1107, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Illinois Income Tax Act is amended by 6 adding Section 213 as follows: 7 (35 ILCS 5/213 new) 8 Sec. 213. Assistive technology devices tax credit. 9 (a) Beginning with taxable years ending on or after 10 December 31, 2003, each taxpayer that is a small business is 11 entitled to a credit against the tax imposed by subsections 12 (a) and (b) of Section 201 in the amount of 50% of the amount 13 spent by the taxpayer in the taxable year, up to a maximum 14 credit of $2,500 in the taxable year, for modifications to or 15 the purchase of assistive technology devices for people with 16 disabilities to improve their functional capabilities on the 17 job. The Department shall establish by rule those expenses 18 that are eligible for the credit under this Section. The tax 19 credit may not reduce the taxpayer's liability to less than 20 zero. This Section is exempt from the provisions of Section 21 250 of this Act. 22 (b) If the amount of the credit exceeds the tax -2- LRB093 02688 SJM 12873 a 1 liability for the year, the excess may be carried forward and 2 applied to the tax liability of the 5 taxable years following 3 the excess credit year. The credit shall be applied to the 4 earliest year for which there is a tax liability. If there 5 are credits from more than one tax year that are available to 6 offset a liability, the earlier credit shall be applied 7 first. 8 (c) In this Section: 9 "Small business" means a business that (i) has 14 10 employees or less and (ii) has a gross income, for federal 11 income tax purposes, of $3,000,000 or less in the taxable 12 year. 13 "Assistive technology device" means any item, piece of 14 equipment, or product system, whether acquired commercially, 15 off the shelf, modified, or customized, that is used to 16 increase, maintain, or improve functional capabilities of 17 people with disabilities. 18 "People with disabilities" includes any person who has a 19 physical or mental impairment that substantially limits one 20 or more of the major life activities of the individual; who 21 has a record of such an impairment; or who is regarded as 22 having such an impairment. 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.".