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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.".