State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_HB0526sam002

                                           LRB9000539KDksam01
 1                     AMENDMENT TO HOUSE BILL 526
 2        AMENDMENT NO.     .  Amend House Bill 526, AS AMENDED, by
 3    replacing the title with the following:
 4        "AN ACT in relation to taxes."; and
 5    immediately before Section 10, by inserting the following:
 6        "Section 6.  The Use Tax Act is amended by adding Section
 7    3-8 as follows:
 8        (35 ILCS 105/3-8 new)
 9        Sec. 3-8.  Industrial gases exemption.
10        (a)  Beginning with tax years ending on or after December
11    31, 1997 and ending  with  tax  years  ending  on  or  before
12    December  31,  2001,  the  use  of  industrial gases that (1)
13    become  ingredients  or  components  of   tangible   personal
14    property destined for sale or (2) are consumed, destroyed, or
15    lose  their  identity in the manufacture of tangible personal
16    property destined for  the  sale,  is  exempt  from  the  tax
17    imposed under this Act.
18        (b)  This  exemption  does  not apply to industrial gases
19    that are used in a nonmanufacturing activity.
20        (c)  This exemption does not apply to the use of fuel  or
21    electricity.
                            -2-            LRB9000539KDksam01
 1        (d)  For  purposes  of  this  Section, "industrial gases"
 2    include but are not limited to neon, argon, helium, hydrogen,
 3    nitrogen, acetylene, carbon dioxide, and oxygen.
 4        (e)  For purposes of this Section, "fuel" is  a  material
 5    used  to  produce  heat  or power by burning, or is something
 6    that feeds a fire.
 7        Section 7.  The Service Use Tax Act is amended by  adding
 8    Section 3-8 as follows:
 9        (35 ILCS 110/3-8 new)
10        Sec. 3-8.  Industrial gases exemption.
11        (a)  Beginning with tax years ending on or after December
12    31,  1997  and  ending  with  tax  years  ending on or before
13    December 31, 2001, the  use  of  industrial  gases  that  (1)
14    become   ingredients   or  components  of  tangible  personal
15    property destined for sale or (2) are consumed, destroyed, or
16    lose their identity in the manufacture of  tangible  personal
17    property  destined  for  the  sale,  is  exempt  from the tax
18    imposed under this Act.
19        (b)  This exemption does not apply  to  industrial  gases
20    that are used in a nonmanufacturing activity.
21        (c)  This  exemption does not apply to the use of fuel or
22    electricity.
23        (d)  For purposes of  this  Section,  "industrial  gases"
24    include but are not limited to neon, argon, helium, hydrogen,
25    nitrogen, acetylene, carbon dioxide, and oxygen.
26        (e)  For  purposes  of this Section, "fuel" is a material
27    used to produce heat or power by  burning,  or  is  something
28    that feeds a fire.
29        Section  8.  The Service Occupation Tax Act is amended by
30    adding Section 3-8 as follows:
                            -3-            LRB9000539KDksam01
 1        (35 ILCS 115/3-8 new)
 2        Sec. 3-8.  Industrial gases exemption.
 3        (a)  Beginning with tax years ending on or after December
 4    31, 1997 and ending  with  tax  years  ending  on  or  before
 5    December   31,   2001,   industrial  gases  that  (1)  become
 6    ingredients  or  components  of  tangible  personal  property
 7    destined for sale or (2) are  consumed,  destroyed,  or  lose
 8    their  identity  in  the  manufacture  of  tangible  personal
 9    property  destined  for  the  sale,  are  exempt from the tax
10    imposed under this Act.
11        (b)  This exemption does not apply  to  industrial  gases
12    that are used in a nonmanufacturing activity.
13        (c)  This   exemption   does   not   apply   to  fuel  or
14    electricity.
15        (d)  For purposes of  this  Section,  "industrial  gases"
16    include but are not limited to neon, argon, helium, hydrogen,
17    nitrogen, acetylene, carbon dioxide, and oxygen.
18        (e)  For  purposes  of this Section, "fuel" is a material
19    used to produce heat or power by  burning,  or  is  something
20    that feeds a fire.
21        Section  9.  The Retailers' Occupation Tax Act is amended
22    by adding Section 2-8 as follows:
23        (35 ILCS 120/2-8 new)
24        Sec. 2-8.  Industrial gases exemption
25        (a)  Beginning with tax years ending on or after December
26    31, 1997 and ending  with  tax  years  ending  on  or  before
27    December 31, 2001, gross proceeds from the sale of industrial
28    gases  that  (1) become ingredients or components of tangible
29    personal property destined for  sale  or  (2)  are  consumed,
30    destroyed,  or  lose  their  identity  in  the manufacture of
31    tangible personal property destined for the sale, are  exempt
32    from the tax imposed under this Act.
                            -4-            LRB9000539KDksam01
 1        (b)  This  exemption  does  not apply to industrial gases
 2    that are used in a nonmanufacturing activity.
 3        (c)  This exemption does not apply to the gross  proceeds
 4    from the sale of fuel or electricity.
 5        (d)  For  purposes  of  this  Section, "industrial gases"
 6    include but are not limited to neon, argon, helium, hydrogen,
 7    nitrogen, acetylene, carbon dioxide, and oxygen.
 8        (e)  For purposes of this Section, "fuel" is  a  material
 9    used  to  produce  heat  or power by burning, or is something
10    that feeds a fire.".

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