Bill Status of SB 397   97th General Assembly

Short Description:  REVENUE-HOUSING AUTH-REFUNDS

Senate Sponsors
Sen. Toi W. Hutchinson and William E. Brady-Donne E. Trotter

House Sponsors
(Rep. John E. Bradley-Kenneth Dunkin-Jehan A. Gordon)


Last Action  View All Actions

DateChamber Action
  12/16/2011SenatePublic Act . . . . . . . . . 97-0636

Statutes Amended In Order of Appearance
35 ILCS 5/302from Ch. 120, par. 3-302

Synopsis As Introduced
Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning income allocation.

Senate Floor Amendment No. 1
Deletes reference to:
35 ILCS 5/302
Adds reference to:
20 ILCS 2505/2505-660 new
35 ILCS 5/911.3
310 ILCS 10/8.1d new

Replaces everything after the enacting clause. Amends the Department of Revenue Law of the Civil Administrative Code of Illinois, the Illinois Income Tax Act, and the Housing Authorities Act. Provides that housing authorities may enter into an agreement with the Illinois Department of Revenue to establish a program for the purpose of collecting delinquent debts owed to housing authorities by intercepting State income tax refunds due the persons who owe delinquent debts to housing authorities. Provides for: priority of refund withholding requests; information to be given by housing authorities and the Department of Revenue and limitations on the use of the information; procedure; notices; determinations; liability; payments; fees; indemnification; rules; and other matters.

House Committee Amendment No. 3
Deletes reference to:
20 ILCS 2505/2505-660 new
35 ILCS 5/911.3
310 ILCS 10/8.1d new
Adds reference to:
New Act
35 ILCS 5/222 new
20 ILCS 620/3from Ch. 67 1/2, par. 1003
20 ILCS 620/4from Ch. 67 1/2, par. 1004
20 ILCS 620/4.5 new
20 ILCS 620/4.7 new
20 ILCS 620/5from Ch. 67 1/2, par. 1005
20 ILCS 620/8from Ch. 67 1/2, par. 1008
20 ILCS 620/9from Ch. 67 1/2, par. 1009
20 ILCS 620/11from Ch. 67 1/2, par. 1011
35 ILCS 5/201from Ch. 120, par. 2-201
35 ILCS 5/204from Ch. 120, par. 2-204
35 ILCS 5/207from Ch. 120, par. 2-207
35 ILCS 5/212
35 ILCS 5/250
35 ILCS 5/304from Ch. 120, par. 3-304
35 ILCS 5/804from Ch. 120, par. 8-804
35 ILCS 5/1501from Ch. 120, par. 15-1501
35 ILCS 10/5-15
35 ILCS 105/3-10
35 ILCS 105/3-90
35 ILCS 110/3-10from Ch. 120, par. 439.33-10
35 ILCS 110/3-75
35 ILCS 115/3-10from Ch. 120, par. 439.103-10
35 ILCS 115/3-55
35 ILCS 120/2-10
35 ILCS 120/2-70
35 ILCS 405/2from Ch. 120, par. 405A-2

Replaces everything after the enacting clause. Makes findings. Creates the Illinois Independent Tax Tribunal Act. Provides that on and after July 1, 2013: the Department of Revenue shall no longer hear and act upon protests of notices of tax liability or deficiencies for all taxes administered by the Department or revocations of licenses issued by the Department of Revenue; an Independent Tax Tribunal Board shall assume, exercise, and administer all rights, powers, duties, and responsibilities pertaining to protests of notices of tax liability or deficiencies for all taxes administered by the Department of Revenue or revocations of licenses issued by the Department of Revenue; the Board shall be created by law; and no State agency shall assume the functions of the Board. Creates the Live Theater Production Tax Credit Act. Provides that certain taxpayers who are theater producers, owners, licensees, or operators, or who otherwise present live stage presentations within the State, are entitled to a credit against their income tax liability equal to a percentage of their Illinois production spending and Illinois labor expenditures. Provides that eligibility for the credit is determined by the Department of Commerce and Economic Opportunity. Amends the Illinois Income Tax Act to make conforming changes. Amends the Economic Development Area Tax Increment Allocation Act. Provides that any ordinance approving an economic development plan shall contain findings that the developer or any of its successor entities and its subsidiaries (instead of the economic development project area) shall create or retain not less than 4,250 (instead of 2,000) jobs. Provides that the duration of any existing economic development plan created pursuant to the Act is extended to a maximum duration of 15 years. Contains provisions concerning the allocation of moneys in the special tax allocation fund. Contains provisions concerning recapture of certain amounts disbursed to the developer. Requires the municipality to submit annual reports to the State Comptroller and to all taxing districts overlapping the economic development project area. Amends the Illinois Income Tax Act. Makes changes relating to: the investment credit; the research and development credit; the standard exemption; net losses; the earned income tax credit; sunsetting of exemptions, credits, and deductions; business income of federally-regulated exchanges; and estimated taxes. Amends the Economic Development for a Growing Economy Tax Credit Act. Provides that certain taxpayers that are primarily engaged in the operation of a discount department store may elect to use the credit against their withholding tax liability. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes changes regarding: the tax on gasohol, majority blended ethanol fuel, biodiesel blends, and 100% biodiesel; and sunsetting of exemptions, credits, and deductions. Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Increases the annual exclusion amount. Makes other changes.

 Land Conveyance Appraisal Note, House Committee Amendment No. 3 (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 Correctional Note, House Committee Amendment No. 3 (Dept of Corrections)
 This legislation has no fiscal or population impact on the Department.

 Pension Note, House Committee Amendment No. 3 (Government Forecasting & Accountability)
  SB 397 (H-AM 3) will not impact any public pension funds or retirement system in Illinois.

 State Debt Impact Note, House Committee Amendment No. 3 (Government Forecasting & Accountability)
 SB 397 (H-AM 3) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Balanced Budget Note, House Committee Amendment No. 3 (Office of Management and Budget)
 SB 397 (H-AM 3) will have a negative fiscal impact of $40 million in fiscal year 2012; a negative fiscal impact of $263 million in fiscal year 2013; and a negative fiscal impact of $325 million in fiscal year 2014.

 Judicial Note, House Committee Amendment No. 3 (Admin Office of the Illinois Courts)
 SB 397 (H-AM 3) would neither increase nor decrease the number of judges needed in the State.

 Housing Affordability Impact Note, House Committee Amendment No. 3 (Housing Development Authority)
 SB 397 (H-AM 3) will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Home Rule Note, House Committee Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
 SB 397 (H-AM 3) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Committee Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
 SB 397 (H-AM 3) does not create a State mandate.

 Fiscal Note, House Committee Amendment No. 3 (Dept. of Revenue)
 SB 397 (H-AM 3) will have the following fiscal impact: (1) Research and Development Credit - FY2012 = $40 million, FY2013 = $40 million, FY2014 = $40 million; (2) Reinstate NOL with Cap - FY2013 = $50 million, FY2014 = $50 million; (3) Estate Tax - FY 2013 = $20 million, FY2014 = $43 million; (4) EITC - FY2013 = $56 million, FY2014 = $53 million; (5) Personal Exemption - 2013 = $30 million, FY2014 = $30 million; (6) Exchange - Electronic Trading - FY2013 =$43 million, FY2014 = $85 million; (7) Exchange - Market Data - FY2013 = $8 million, FY2014 = $8 million; (8) Sears - FY2013 = $15 million, FY2014 = $15 million; (9) Live Theater Credit - FY2013 = $1 million, FY 2014 = $1 million; TOTAL - FY2012 = $40 million, FY2013 = $263 million, FY2014 = $325 million. ***Revenue impact of House Amendment 3 does not include impact of extending sunsets on tax expenditures otherwise set to expire during 2011-2013.

House Floor Amendment No. 7
Deletes reference to:
35 ILCS 5/204
35 ILCS 5/212
Adds reference to:
20 ILCS 663/50
35 ILCS 25/10
35 ILCS 25/25
35 ILCS 11/25
35 ILCS 105/3-5
35 ILCS 110/3-5
35 ILCS 115/3-5
35 ILCS 120/2-5
35 ILCS 200/18-165

Replaces everything after the enacting clause. Makes findings. Creates the Illinois Independent Tax Tribunal Act. Provides that on and after July 1, 2013: the Department of Revenue shall no longer hear and act upon protests of notices of tax liability or deficiencies for all taxes administered by the Department or revocations of licenses issued by the Department of Revenue; an Independent Tax Tribunal Board shall assume, exercise, and administer all rights, powers, duties, and responsibilities pertaining to protests of notices of tax liability or deficiencies for all taxes administered by the Department of Revenue or revocations of licenses issued by the Department of Revenue; the Board shall be created by law; and no State agency shall assume the functions of the Board. Creates the Live Theater Production Tax Credit Act. Provides that certain taxpayers who are theater producers, owners, licensees, or operators, or who otherwise present live stage presentations within the State, are entitled to a credit against their income tax liability equal to a percentage of their Illinois production spending and Illinois labor expenditures. Provides that eligibility for the credit is determined by the Department of Commerce and Economic Opportunity. Amends the Illinois Income Tax Act to make conforming changes. Amends the Economic Development Area Tax Increment Allocation Act. Provides that any ordinance approving an economic development plan shall contain findings that the developer or any of its successor entities and its subsidiaries (instead of the economic development project area) shall create or retain not less than 4,250 (instead of 2,000) jobs. Provides that the duration of any existing economic development plan created pursuant to the Act is extended to a maximum duration of 15 years. Contains provisions concerning the allocation of moneys in the special tax allocation fund. Contains provisions concerning recapture of certain amounts disbursed to the developer. Requires the municipality to submit annual reports to the State Comptroller and to all taxing districts overlapping the economic development project area. Amends the New Markets Development Program Act. Extends the sunset date for qualified equity investments through Fiscal Year 2017. Amends the Illinois Income Tax Act. Makes changes relating to: the investment credit; the research and development credit; net losses; sunsetting of exemptions, credits, and deductions; business income of federally-regulated exchanges; and estimated taxes. Amends the Small Business Job Creation Tax Credit Act. Makes changes concerning the incentive period. Amends the Economic Development for a Growing Economy Tax Credit Act. Provides that certain taxpayers that are primarily engaged in the operation of a discount department store or the manufacture of auto filtration parts may elect to use the credit against their withholding tax liability. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes changes regarding: the tax on gasohol, majority blended ethanol fuel, biodiesel blends, and 100% biodiesel; and sunsetting of exemptions, credits, and deductions. Amends the Property Tax Code concerning abatements. Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Increases the annual exclusion amount. Makes other changes.

Actions 
DateChamber Action
  2/8/2011SenateFiled with Secretary by Sen. John J. Cullerton
  2/8/2011SenateFirst Reading
  2/8/2011SenateReferred to Assignments
  3/9/2011SenateAssigned to Executive
  3/17/2011SenateDo Pass Executive; 015-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 17, 2011
  3/17/2011SenateSecond Reading
  3/17/2011SenatePlaced on Calendar Order of 3rd Reading March 29, 2011
  3/31/2011SenateChief Sponsor Changed to Sen. James F. Clayborne, Jr.
  4/8/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  4/8/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/11/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Revenue
  4/13/2011SenateSenate Floor Amendment No. 1 Recommend Do Adopt Revenue; 008-000-000
  4/15/2011SenateRecalled to Second Reading
  4/15/2011SenateSenate Floor Amendment No. 1 Adopted; Clayborne
  4/15/2011SenatePlaced on Calendar Order of 3rd Reading
  4/15/2011SenateAdded as Co-Sponsor Sen. John G. Mulroe
  4/15/2011SenateThird Reading - Passed; 052-000-000
  4/15/2011HouseArrived in House
  4/15/2011HousePlaced on Calendar Order of First Reading
  4/15/2011HouseChief House Sponsor Rep. Joe Sosnowski
  4/15/2011HouseFirst Reading
  4/15/2011HouseReferred to Rules Committee
  4/25/2011HouseAssigned to Revenue & Finance Committee
  4/27/2011HouseAlternate Chief Sponsor Changed to Rep. Karen A. Yarbrough
  4/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Holbrook
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/16/2011HouseMotion Filed to Suspend Rule 25 Revenue & Finance Committee; Rep. Barbara Flynn Currie
  5/16/2011HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/25/2011HouseAlternate Chief Sponsor Changed to Rep. Barbara Flynn Currie
  5/25/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie
  5/25/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/25/2011HouseAlternate Chief Co-Sponsor Removed Rep. Thomas Holbrook
  5/27/2011HouseHouse Committee Amendment No. 1 Rules Refers to Revenue & Finance Committee
  5/27/2011SenateChief Sponsor Changed to Sen. Toi W. Hutchinson
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  5/31/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  11/2/2011HouseFinal Action Deadline Extended-9(b) November 10, 2011
  11/2/2011HouseAssigned to Revenue & Finance Committee
  11/7/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie
  11/7/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  11/7/2011HouseHouse Committee Amendment No. 2 Rules Refers to Revenue & Finance Committee
  11/8/2011SenateSponsor Removed Sen. John G. Mulroe
  11/10/2011HouseFinal Action Deadline Extended-9(b) November 30, 2011
  11/27/2011HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. John E. Bradley
  11/27/2011HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  11/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. John E. Bradley
  11/27/2011HouseAlternate Chief Co-Sponsor Removed Rep. John E. Bradley
  11/28/2011HouseHouse Committee Amendment No. 3 Rules Refers to Revenue & Finance Committee
  11/28/2011HouseHouse Committee Amendment No. 3 Adopted in Revenue & Finance Committee; by Voice Vote
  11/28/2011HouseDo Pass as Amended / Short Debate Revenue & Finance Committee; 006-000-002
  11/28/2011HousePlaced on Calendar 2nd Reading - Short Debate
  11/28/2011HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  11/28/2011HouseSecond Reading - Short Debate
  11/28/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  11/29/2011HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Jack D. Franks
  11/29/2011HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  11/29/2011HouseHouse Committee Amendment No. 3 Fiscal Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Balanced Budget Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Correctional Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Home Rule Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Housing Affordability Impact Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Judicial Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Land Conveyance Appraisal Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Pension Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 State Debt Impact Note Requested as Amended by Rep. Jack D. Franks
  11/29/2011HouseHouse Committee Amendment No. 3 Land Conveyance Appraisal Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 Correctional Note Filed as Amended
  11/29/2011HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. John E. Bradley
  11/29/2011HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  11/29/2011HouseHouse Committee Amendment No. 3 Pension Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 State Debt Impact Note Filed as Amended
  11/29/2011HouseAlternate Chief Sponsor Changed to Rep. John E. Bradley
  11/29/2011HouseHouse Committee Amendment No. 3 Balanced Budget Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 Judicial Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 Housing Affordability Impact Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 Home Rule Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 State Mandates Fiscal Note Filed as Amended
  11/29/2011HouseHouse Committee Amendment No. 3 Fiscal Note Filed as Amended
  11/30/2011HouseFinal Action Deadline Extended-9(b) December 31, 2011
  12/8/2011HouseHouse Floor Amendment No. 6 Filed with Clerk by Rep. John E. Bradley
  12/8/2011HouseHouse Floor Amendment No. 6 Referred to Rules Committee
  12/8/2011HouseHouse Floor Amendment No. 6 Rules Refers to Revenue & Finance Committee
  12/9/2011HouseHouse Floor Amendment No. 7 Filed with Clerk by Rep. John E. Bradley
  12/9/2011HouseHouse Floor Amendment No. 7 Referred to Rules Committee
  12/9/2011HouseHouse Floor Amendment No. 7 Rules Refers to Revenue & Finance Committee
  12/12/2011HouseHouse Floor Amendment No. 7 Recommends Be Adopted Revenue & Finance Committee; 008-001-000
  12/12/2011HouseHouse Floor Amendment No. 7 Adopted by Voice Vote
  12/12/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  12/12/2011HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  12/12/2011HouseAdded Alternate Chief Co-Sponsor Rep. Jehan A. Gordon
  12/12/2011HouseThird Reading - Short Debate - Passed 081-028-007
  12/12/2011HouseHouse Floor Amendment No. 4 Tabled Pursuant to Rule 40
  12/12/2011HouseHouse Floor Amendment No. 5 Tabled Pursuant to Rule 40
  12/12/2011HouseHouse Floor Amendment No. 6 Tabled Pursuant to Rule 40
  12/13/2011SenateSecretary's Desk - Concurrence House Amendment(s) 3, 7
  12/13/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3, 7 - December 13, 2011
  12/13/2011SenateHouse Committee Amendment No. 3 Motion to Concur Filed with Secretary Sen. Toi W. Hutchinson
  12/13/2011SenateHouse Committee Amendment No. 3 Motion to Concur Referred to Assignments
  12/13/2011SenateHouse Floor Amendment No. 7 Motion to Concur Filed with Secretary Sen. Toi W. Hutchinson
  12/13/2011SenateHouse Floor Amendment No. 7 Motion to Concur Referred to Assignments
  12/13/2011SenateHouse Committee Amendment No. 3 Motion to Concur Assignments Referred to Executive
  12/13/2011SenateHouse Floor Amendment No. 7 Motion to Concur Assignments Referred to Executive
  12/13/2011SenateHouse Committee Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 014-001-000
  12/13/2011SenateHouse Floor Amendment No. 7 Motion To Concur Recommended Do Adopt Executive; 014-001-000
  12/13/2011SenateAdded as Co-Sponsor Sen. William E. Brady
  12/13/2011SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  12/13/2011SenateHouse Committee Amendment No. 3 Senate Concurs 044-009-000
  12/13/2011SenateHouse Floor Amendment No. 7 Senate Concurs 044-009-000
  12/13/2011SenatePassed Both Houses
  12/15/2011SenateSent to the Governor
  12/16/2011SenateGovernor Approved
  12/16/2011SenateEffective Date June 1, 2012
  12/16/2011SenatePublic Act . . . . . . . . . 97-0636

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