ILLINOIS CPA SOCIETY CAPITOL OFFICE
TAX LEGISLATIVE TRACKING REPORT
100th (2nd) General Assembly
2018 Spring Session
Prepared by: Martin Green
E-mail: greenm@icpas.org
Report created on April 25, 2024
 
HB2717ROTA-SHARE INFORMATION (REP. EMANUEL WELCH) Amends the Retailers' Occupation Tax Act. Provides that, subject to certain restrictions, if the Department of Revenue may disclose confidential financial information to a municipality or county, then the Department of Revenue may also disclose that financial information to an independent third party who is authorized in writing by that municipality or county to receive the information. Effective immediately.
 Current Status:   4/25/2018 - Third Reading - Short Debate - Lost 042-061-003
 Recent Status:   4/25/2018 - THIRD READING Bill Failed Third Reading in the House by 042-061-003.
4/25/2018 - House Bills on Third Reading
 State Bill Page:   HB2717
 
HB4237INC TX-CHARITABLE CONTRIBUTION (REP. JONATHAN CARROLL; SEN. MICHAEL CONNELLY) Amends the Illinois Income Tax Act. Creates an income tax credit in an amount equal to the contributions made by the taxpayer to the Illinois Excellence Fund during the taxable year. Amends the State Finance Act. Creates the Illinois Excellence Fund. Provides that moneys in the Fund shall be used for exclusively public purposes, as specified under Section 170 of the Internal Revenue Code relating to charitable contributions and gifts. Amends the Counties Code. Provides that the county board may establish a fund in the county treasury for the purpose of accepting contributions for exclusively public purposes, as specified under Section 170 of the Internal Revenue Code relating to charitable contributions and gifts and may provide for a credit against the taxpayer's property tax liability in an amount equal to the amount of the contribution. Effective immediately.

House Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: (1) provides that the Fund shall be known as the Illinois Education Excellence Fund; (2) provides that the Illinois Education Excellence Fund may accept contributions for exclusively public education purposes; (3) provides that the tax credits for contributions to the Illinois Education Excellence Fund and the county fund for charitable purposes apply to individual taxpayers only; (4) provides that the State Treasurer shall provide a copy of the certification to the taxpayer and the Department of Revenue as soon as possible after the contribution is certified; (5) provides that the income tax credit applies for taxable years ending after December 31, 2017 and before January 1, 2026; and (6) provides that provisions amending the Counties Code apply for taxable years 2018 through 2025. Effective immediately.

House Floor Amendment No. 2 - Makes changes to the bill as amended by House Amendment 1 to provide that contribution certifications may be provided electronically.

Senate Committee Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: (1) provides that the income tax credit is in an amount equal to 90% (instead of 100%) of the contributions made by the taxpayer to the Illinois Education Excellence Fund; (2) provides that moneys in the Illinois Education Excellence Fund shall be transferred to the Common School Fund on an annual basis and shall be used for public education purposes; and (3) removes provisions amending the Counties Code. Creates the Local Government Charitable Fund Act. Provides that, upon authorization by the county in which the local unit is located, a local unit may establish one or more charitable funds for specific public purposes of that local unit. Provides that a person or entity may donate to a charitable fund on behalf of specified property located in the local unit. Provides that the property is entitled to a property tax credit equal to a percentage of the contribution amount, subject to certain annual caps. Effective immediately.

Senate Floor Amendment No. 2 - Adds provisions to the bill as amended by Senate Amendment No. 1. Amends the Illinois Administrative Procedure Act and further amends the State Finance Act. Provides for emergency rulemaking to administer the Illinois Education Excellence Fund.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   7/2/2018 - Rule 19(b) / Re-referred to Rules Committee
5/31/2018 - Consideration of Senate Amendments Concurrence
 State Bill Page:   HB4237
 
HB4276INVEST IN KIDS-REGISTRATION (REP. LA SHAWN FORD) Amends the Invest in Kids Act. Provides that the term "qualified school" means a non-public school located in Illinois that is registered with the State Board of Education on or before June 30, 2018 or is recognized as a qualified non-public school by the State Board of Education. Effective immediately.
 Current Status:   3/1/2018 - Tabled
 Recent Status:   3/1/2018 - Motion Prevailed
3/1/2018 - Motions in Writing
 State Bill Page:   HB4276
 
HB4293INC TX-INVESTMENT SERVICES (REP. EMANUEL WELCH) Amends the Illinois Income Tax Act. Imposes a privilege tax on partnerships and S corporations engaged in the business of conducting investment management services. Provides that the tax shall be imposed at the rate of 20% of the fees calculated by reference to the performance of the investment portfolio funds and not from the investment itself. Defines "investment management services".
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   5/25/2018 - Added Co-Sponsor Rep. Katie Stuart
5/25/2018 - Added Co-Sponsor Rep. Rita Mayfield
 State Bill Page:   HB4293
 
HB4305INC TAX-COUNTY ON TAX FORM (REP. STEVEN REICK) Amends the Illinois Income Tax Act. Provides that the Department of Revenue shall print on its individual income tax forms a county designation. Effective immediately.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   4/13/2018 - Rule 19(a) / Re-referred to Rules Committee
4/11/2018 - House Revenue & Finance
 State Bill Page:   HB4305
 
HB4563INVEST KIDS-SCHOLARSHIP ORGS (REP. PETER BREEN) Amends the Invest in Kids Act. Provides that contributions to a school district foundation are also qualified contributions under the Act. Provides that taxpayers who make contributions to a school district foundation are also eligible for a property tax credit. Provides that the term "contribution" means a donation made by the taxpayer during the taxable year for providing scholarships or support (currently, scholarships only). Contains provisions concerning the calculation of the credit or abatement for contributions to school district foundations and the aggregate amount of the credit and abatement available for those contributions. Amends the School Code. Provides that payments under the evidence-based funding formula shall be reduced by the amount of qualified contributions received by the applicable school district foundation under the Invest in Kids Act. Amends the Property Tax Code to make conforming changes. Effective immediately.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   5/10/2018 - Motion Withdrawn Rep. Peter Breen
5/10/2018 - Motion to Discharge from Committee
 State Bill Page:   HB4563
 
HB4798INCOME TAX-LLC (REP. EMANUEL WELCH) Amends the Illinois Income Tax Act. Provides that a Personal Property Tax Replacement Income Tax in an additional amount equal to 7.5% of its net income shall be imposed on limited liability companies. Deletes language that exempts investment partnerships from a Personal Property Tax Replacement Income Tax.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   4/25/2018 - Added Co-Sponsor Rep. Will Guzzardi
2/14/2018 - Referred to House Rules
 State Bill Page:   HB4798
 
HB5924PROP TAX CODE-REPEAL (REP. JIM DURKIN) Amends the Property Tax Code. Repeals the Code on July 1, 2019.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   11/7/2018 - Referred to House Rules
11/7/2018 - FIRST READING
 State Bill Page:   HB5924
 
HB5953INC TX-OPPORTUNITY ZONES (REP. DAVID MCSWEENEY) Amends the Illinois Income Tax Act. Creates a credit in an amount equal to the investment made by the taxpayer during the taxable year in a Qualified Opportunity Fund. Provides that no such credit may be taken for any taxable year that begins prior to January 1, 2020. Provides that excess credits may be carried forward or back. Provides that the aggregate amount of the Qualified Opportunity Fund tax credit shall be limited to $100,000,000 per calendar year. Provides that the credit is exempt from the Act's automatic sunset provision. Effective immediately.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   11/7/2018 - Referred to House Rules
11/7/2018 - FIRST READING
 State Bill Page:   HB5953
 
HR975GRADUATED INCOME TAX-OPPOSE (REP. JIM DURKIN) Opposes the implementation of a graduated income tax in Illinois.
 Current Status:   1/8/2019 - Session Sine Die
 Recent Status:   12/10/2018 - Added Co-Sponsor Rep. Andrew S. Chesney
9/14/2018 - Added Co-Sponsor Rep. Helene Miller Walsh
 State Bill Page:   HR975
 
HR1025PROGRESSIVE INCOME TAX-SUPPORT (REP. MICHAEL MADIGAN) Supports the implementation of a progressive income tax in Illinois.
 Current Status:   5/29/2018 - RESOLUTION ADOPTED 061-052-000
 Recent Status:   5/29/2018 - Resolutions Order of Resolutions
5/28/2018 - Resolutions Order of Resolutions
 State Bill Page:   HR1025
 
SB482PTELL-EXTENSION LIMITATION (SEN. JOHN CULLERTON) House Floor Amendment No. 2 - Replaces everything after the enacting clause. Amends the State Finance Act. Creates the State Aviation Program Fund, the Local Government Aviation Trust Fund, and the Aviation Fuel Sales Tax Refund Fund. Provides that moneys in the State Aviation Program Fund shall be used by the Department of Transportation for the purposes of administering a State Aviation Program. Provides that the State Aviation Program shall include grants to units of local government for airport-related purposes, including noise mitigation and in-home air quality testing. Provides that moneys in the Local Government Aviation Trust Fund shall be used by units of local government for airport-related purposes. Provides that moneys in the Aviation Fuel Sales Tax Refund Fund shall be used by the Department of Revenue to pay refunds. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to provide that moneys received from the tax paid on aviation fuel shall be deposited into those Funds. Amends the Motor Fuel Tax Law. Provides that aviation fuel sold or used on or after December 1, 2017 shall be deposited into the State Aviation Program Fund. Amends the Innovation Development and Economy Act, the Counties Code, the Illinois Municipal Code, the Civic Center Code, the Flood Prevention District Act, the Metro-East Park and Recreation District Act, the Local Mass Transit District Act, the Regional Transportation Authority Act, and the Water Commission Act of 1985. Prohibits certain local retailers' occupation taxes on aviation fuel unless the unit of local government has an airport-related purpose. Provides that the proceeds from those taxes on aviation fuel shall be deposited into the Local Government Aviation Trust Fund. Amends the Illinois Municipal Code. Requires municipalities that have implemented a Residential Sound Insulation Program to perform an in-home air quality test at a residence located in the municipality if (i) windows or doors were installed in the residence under the Residential Sound Insulation Program and (ii) the owner or occupant of the residence requests that the test be performed. Effective immediately.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   12/29/2018 - House Floor Amendment No. 3 Motion to Concur Assignments Referred to Assignments
12/29/2018 - House Floor Amendment No. 2 Motion to Concur Assignments Referred to Assignments; Pursuant to Senate Rule 3-9(b)
 State Bill Page:   SB482
 
SB851LIBRARIES-FINANCIAL REPORTS (SEN. JOHN CULLERTON; REP. MICHAEL HALPIN) Amends the Illinois Local Library Act. Provides that a library board of trustees' statement of financial requirements necessary for the next year and any amount the library board believes will be necessary to levy taxes for the library's next fiscal year shall be submitted to the governing board of the municipality no less than 60 days prior to when the tax levy must be certified under the Property Tax Code (rather than 60 days after the expiration of the fiscal year). Effective immediately.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   12/10/2017 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments
11/9/2017 - Consideration of House Amendments Concurrence
 State Bill Page:   SB851
 
SB1737INS CD-DOMESTIC CEDING INSURER (SEN. ANTONIO MUĂ‘OZ; REP. LATOYA GREENWOOD) Amends the Illinois Insurance Code in provisions concerning credit allowed a domestic ceding insurer. Provides that the assuming insurer shall provide or make certain information to be reported to the Director of Insurance available to the ceding insurer and that the assuming insurer may decline to release trade secrets or commercially sensitive information that would qualify as exempt from disclosure under the Freedom of Information Act. With regard to an assuming insurer's trust fund, provides that not later than February 28 of each year, the assuming insurer's chief executive officer or chief financial officer shall certify to the Director that the trust fund contains funds in an amount not less than the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers, and in addition, a trusteed surplus of not less than $20,000,000. Permits a reduction in the required trusteed surplus in specified circumstances. Provides that in the event that the provision concerning the reduction in the required trusteed surplus applies to the trust, the assuming insurer's chief executive officer or chief financial officer shall then certify to the Director that the trust fund contains funds in an amount not less than the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers, and in addition, a reduced trusteed surplus of not less than the amount that has been authorized by the regulatory authority having principal regulatory oversight of the trust. Makes changes to provisions concerning financial strength ratings. Sets forth provisions concerning downgrades by rating agencies, the Director's authority, upgrading the rating of a certified reinsurer, and the revocation of the certification of a certified reinsurer. Makes other changes.
 Current Status:   11/29/2018 - Effective Date February 1, 2019; Some provisions
 Recent Status:   11/29/2018 - Effective Date November 27, 2018; Some provisions
11/29/2018 - Public Act . . . . . . . . . 100-1118
 State Bill Page:   SB1737
 
SB2402REVENUE-TECH (SEN. JOHN CULLERTON) Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning the short title.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   4/27/2018 - Rule 3-9(a) / Re-referred to Assignments
4/26/2018 - Senate Bills on Third Reading
 State Bill Page:   SB2402
 
SB2502USE/OCC TX-NOTIFICATIONS (SEN. JENNIFER BERTINO-TARRANT) Amends the Use Tax Act and the Service Use Tax Act. Provides that retailers and servicemen that do not collect the taxes under those Acts shall make the following reports and notifications: (1) a notification with each purchase made to an Illinois purchaser that use tax is due on certain purchases at retail made from the retailer and that the State requires the purchaser to file a use tax return; and (2) an annual notification to each Illinois purchaser detailing the total amount paid by the purchaser for Illinois purchases at retail during the previous calendar year. Provides that, if a purchaser has otherwise failed to file a return with the Department of Revenue and remit the proper amount of tax due, and if the purchaser receives a notification from a retailer under the provisions of the amendatory Act, then that purchaser must file a return and pay the tax by April 15 of the year in which the notification is received. Effective immediately.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   5/3/2018 - Rule 3-9(a) / Re-referred to Assignments
5/3/2018 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
 State Bill Page:   SB2502
 
SB2577USE/OCC TX-BUSINESS IN STATE (SEN. CRISTINA CASTRO) Amends the Use Tax Act and the Service Use Tax Act. Provides that, if a retailer or serviceman makes a sale to purchaser in Illinois from outside of Illinois, then that retailer or serviceman is considered to be "maintaining a place of business in this State" if (1) the cumulative gross receipts from sales of service to purchasers in Illinois are $150,000 or more; or (2) the retailer or serviceman enters into 200 or more separate transactions for sales of service to purchasers in Illinois. Provides that the amendatory Act may be referred to as the Marketplace Fairness Act. Effective immediately.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   6/15/2018 - Added as Co-Sponsor Sen. Antonio Mu?oz
5/18/2018 - Rule 19(a) / Re-referred to Rules Committee
 State Bill Page:   SB2577
 
SB2604UPIA-FAILURE TO FILE (SEN. WILLIAM BRADY) Amends the Uniform Penalty and Interest Act. Provides that the penalty for failure to pay the tax shown due or required to be shown due on a return shall be 15% (instead of 20%) of any amount that is paid after the date the Department of Revenue has initiated an audit or investigation of the taxpayer. Provides that the penalty shall be abated if the taxpayer paid to the Department at least 95% of the total tax liability (including any additional liability resulting from the audit or investigation) prior to the initiation of the audit or investigation. Effective January 1, 2019.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   9/30/2018 - Chief Sponsor Changed to Sen. William E. Brady
5/18/2018 - Rule 19(a) / Re-referred to Rules Committee
 State Bill Page:   SB2604
 
SB3141USE/OCC/CIG TX-BOOKS & RECORDS (SEN. KAREN MCCONNAUGHAY) Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, and the Cigarette Use Tax Act. Provides that a taxpayer is prohibited from introducing into evidence in a proceeding before the Department of Revenue, Tax Tribunal, or court any books or records that the taxpayer failed to produce to the Department for examination, unless the books and records are received by the Department no less than 5 business days prior to seeking introduction of the books and records in the proceeding. Sets forth penalties for failure to keep or produce certain books and records. Requires distributors and secondary distributors who purchase cigarettes for shipment into Illinois from a point outside this State to make the invoices available for inspection upon demand by a duly authorized employee of the Department. Provides that the Department may assess taxes, penalties, and interest on original packages of cigarettes that do not contain property tax stamps. Provides that, if a person fails to produce records for inspection by the Department upon request, a prima facie presumption shall arise that the person has failed to keep the records so required. Provides that the sale of individual or loose cigarettes is prohibited. Amends the Tobacco Products Tax Act of 1995 to make changes concerning penalties for failure to keep and produce books and records. Effective immediately.

Senate Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: (1) removes provisions providing that the taxpayer may not introduce books and records into evidence unless the books and records are received by the Department of Revenue no less than 5 business days prior to seeking introduction of the books or records; and (2) in provisions concerning penalties for failure to produce books or records, removes specific language concerning officers or directors of corporations, partners or members of partnerships, and managers or members of limited liability companies; and (3) makes other technical corrections. Effective immediately.
 Current Status:   8/17/2018 - Effective Date August 17, 2018
 Recent Status:   8/17/2018 - Public Act . . . . . . . . . 100-0940
8/17/2018 - GOVERNOR APPROVED
 State Bill Page:   SB3141
 
SB3152INC TX-INTERNAL REV CODE (SEN. WILLIAM BRADY) Amends the Illinois Income Tax Act. Creates an addition modification for amounts allowed as a deduction for foreign-derived intangible income under Section 250(a)(1)(A) of the Internal Revenue Code. Creates a deduction for the amount of excess business loss of the taxpayer disallowed as a deduction by Section 461(a)(1)(B) of the Internal Revenue Code.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   9/30/2018 - Chief Sponsor Changed to Sen. William E. Brady
5/31/2018 - Rule 19(a) / Re-referred to Rules Committee
 State Bill Page:   SB3152
 
SB3189INC TAX-INVESTMENT MANAGEMENT (SEN. JOHN CULLERTON) Amends the Illinois Income Tax. Imposes a privilege tax on partnerships and S corporations engaged in the business of conducting investment management services at the rate of 20% of the fees calculated by reference to the performance of the investment portfolio funds and not from the investment itself.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   1/6/2019 - Chief Sponsor Changed to Sen. John J. Cullerton
2/16/2018 - Referred to Senate Assignments
 State Bill Page:   SB3189
 
SB3238USE/OCC TAX-COAL SUNSET (SEN. DON HARMON) Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the exemption for coal and aggregate exploration, mining, off-highway hauling, processing, maintenance, and reclamation equipment sunsets on June 30, 2023 (currently, the exemption is subject to the Acts' automatic sunset provisions). Effective immediately.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   1/8/2019 - Senate Bills on Second Reading
1/7/2019 - Senate Bills on Second Reading
 State Bill Page:   SB3238
 
SC1CONAMEND-INCOME TAX RATES (SEN. DON HARMON) Proposes to amend the Revenue Article of the Illinois Constitution. Removes a provision that provides that a tax on income shall be measured at a non-graduated rate. Provides that there may be one tax on the income of individuals and corporations (currently, there may be no more than one income tax imposed on individuals and one income tax imposed on corporations, and the rate of tax imposed upon corporations shall not exceed the rate imposed on individuals by more than a ratio of 8 to 5). Provides that the income tax may be a fair tax where lower rates apply to lower income levels and higher rates apply to higher income levels. Provides that no government other than the State may impose a tax on or measured by income. Effective upon being declared adopted.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   1/9/2019 - Resolutions Constitutional Amendments Second Reading
1/8/2019 - Resolutions Constitutional Amendments
 State Bill Page:   SC1
 
SC16CONAMEND-INCOME TAX RATES (SEN. JOHN CULLERTON) Proposes to amend the Revenue Article of the Illinois Constitution. Removes a provision that provides that a tax on income shall be measured at a non-graduated rate. Provides that there may be one tax on the income of individuals and corporations (currently, there may be no more than one income tax imposed on individuals and one income tax imposed on corporations, and the rate of tax imposed upon corporations shall not exceed the rate imposed on individuals by more than a ratio of 8 to 5). Provides that the income tax may be a fair tax where lower rates apply to lower income levels and higher rates apply to higher income levels. Provides that no government other than the State may impose a tax on or measured by income. Effective upon being declared adopted.
 Current Status:   1/9/2019 - Session Sine Die
 Recent Status:   1/9/2019 - Resolutions Constitutional Amendments Second Reading
1/8/2019 - Resolutions Constitutional Amendments
 State Bill Page:   SC16
 
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