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Full Text of HB4766  98th General Assembly

HB4766 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4766

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1006.7

    Amends the Counties Code. Modifies the format of the referendum question for counties seeking to impose a school facility occupation tax to include a brief description of the project for which the revenue from the tax will be used and a definite period of time during which the tax will be imposed.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1006.7 as follows:
 
6    (55 ILCS 5/5-1006.7)
7    Sec. 5-1006.7. School facility occupation taxes.
8    (a) In any county, a tax shall be imposed upon all persons
9engaged in the business of selling tangible personal property,
10other than personal property titled or registered with an
11agency of this State's government, at retail in the county on
12the gross receipts from the sales made in the course of
13business to provide revenue to be used exclusively for school
14facility purposes if a proposition for the tax has been
15submitted to the electors of that county and approved by a
16majority of those voting on the question as provided in
17subsection (c). The tax under this Section shall be imposed
18only in one-quarter percent increments and may not exceed 1%.
19    This additional tax may not be imposed on the sale of food
20for human consumption that is to be consumed off the premises
21where it is sold (other than alcoholic beverages, soft drinks,
22and food that has been prepared for immediate consumption) and
23prescription and non-prescription medicines, drugs, medical

 

 

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1appliances and insulin, urine testing materials, syringes and
2needles used by diabetics. The Department of Revenue has full
3power to administer and enforce this subsection, to collect all
4taxes and penalties due under this subsection, to dispose of
5taxes and penalties so collected in the manner provided in this
6subsection, and to determine all rights to credit memoranda
7arising on account of the erroneous payment of a tax or penalty
8under this subsection. The Department shall deposit all taxes
9and penalties collected under this subsection into a special
10fund created for that purpose.
11    In the administration of and compliance with this
12subsection, the Department and persons who are subject to this
13subsection (i) have the same rights, remedies, privileges,
14immunities, powers, and duties, (ii) are subject to the same
15conditions, restrictions, limitations, penalties, and
16definitions of terms, and (iii) shall employ the same modes of
17procedure as are set forth in Sections 1 through 1o, 2 through
182-70 (in respect to all provisions contained in those Sections
19other than the State rate of tax), 2a through 2h, 3 (except as
20to the disposition of taxes and penalties collected), 4, 5, 5a,
215b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
229, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act
23and all provisions of the Uniform Penalty and Interest Act as
24if those provisions were set forth in this subsection.
25    The certificate of registration that is issued by the
26Department to a retailer under the Retailers' Occupation Tax

 

 

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1Act permits the retailer to engage in a business that is
2taxable without registering separately with the Department
3under an ordinance or resolution under this subsection.
4    Persons subject to any tax imposed under the authority
5granted in this subsection may reimburse themselves for their
6seller's tax liability by separately stating that tax as an
7additional charge, which may be stated in combination, in a
8single amount, with State tax that sellers are required to
9collect under the Use Tax Act, pursuant to any bracketed
10schedules set forth by the Department.
11    (b) If a tax has been imposed under subsection (a), then a
12service occupation tax must also be imposed at the same rate
13upon all persons engaged, in the county, in the business of
14making sales of service, who, as an incident to making those
15sales of service, transfer tangible personal property within
16the county as an incident to a sale of service.
17    This tax may not be imposed on sales of food for human
18consumption that is to be consumed off the premises where it is
19sold (other than alcoholic beverages, soft drinks, and food
20prepared for immediate consumption) and prescription and
21non-prescription medicines, drugs, medical appliances and
22insulin, urine testing materials, syringes, and needles used by
23diabetics.
24    The tax imposed under this subsection and all civil
25penalties that may be assessed as an incident thereof shall be
26collected and enforced by the Department and deposited into a

 

 

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1special fund created for that purpose. The Department has full
2power to administer and enforce this subsection, to collect all
3taxes and penalties due under this subsection, to dispose of
4taxes and penalties so collected in the manner provided in this
5subsection, and to determine all rights to credit memoranda
6arising on account of the erroneous payment of a tax or penalty
7under this subsection.
8    In the administration of and compliance with this
9subsection, the Department and persons who are subject to this
10subsection shall (i) have the same rights, remedies,
11privileges, immunities, powers and duties, (ii) be subject to
12the same conditions, restrictions, limitations, penalties and
13definition of terms, and (iii) employ the same modes of
14procedure as are set forth in Sections 2 (except that that
15reference to State in the definition of supplier maintaining a
16place of business in this State means the county), 2a through
172d, 3 through 3-50 (in respect to all provisions contained in
18those Sections other than the State rate of tax), 4 (except
19that the reference to the State shall be to the county), 5, 7,
208 (except that the jurisdiction to which the tax is a debt to
21the extent indicated in that Section 8 is the county), 9
22(except as to the disposition of taxes and penalties
23collected), 10, 11, 12 (except the reference therein to Section
242b of the Retailers' Occupation Tax Act), 13 (except that any
25reference to the State means the county), Section 15, 16, 17,
2618, 19, and 20 of the Service Occupation Tax Act and all

 

 

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1provisions of the Uniform Penalty and Interest Act, as fully as
2if those provisions were set forth herein.
3    Persons subject to any tax imposed under the authority
4granted in this subsection may reimburse themselves for their
5serviceman's tax liability by separately stating the tax as an
6additional charge, which may be stated in combination, in a
7single amount, with State tax that servicemen are authorized to
8collect under the Service Use Tax Act, pursuant to any
9bracketed schedules set forth by the Department.
10    (c) The tax under this Section may not be imposed until the
11question of imposing the tax has been submitted to the electors
12of the county at a regular election and approved by a majority
13of the electors voting on the question. For all regular
14elections held prior to the effective date of this amendatory
15Act of the 97th General Assembly, upon a resolution by the
16county board or a resolution by school district boards that
17represent at least 51% of the student enrollment within the
18county, the county board must certify the question to the
19proper election authority in accordance with the Election Code.
20    For all regular elections held prior to the effective date
21of this amendatory Act of the 97th General Assembly, the
22election authority must submit the question in substantially
23the following form:
24        Shall (name of county) be authorized to impose a
25    retailers' occupation tax and a service occupation tax
26    (commonly referred to as a "sales tax") at a rate of

 

 

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1    (insert rate) to be used exclusively for school facility
2    purposes?
3The election authority must record the votes as "Yes" or "No".
4    If a majority of the electors voting on the question vote
5in the affirmative, then the county may, thereafter, impose the
6tax.
7    For all regular elections held on or after the effective
8date of this amendatory Act of the 97th General Assembly, the
9regional superintendent of schools for the county must, upon
10receipt of a resolution or resolutions of school district
11boards that represent more than 50% of the student enrollment
12within the county, certify the question to the proper election
13authority for submission to the electors of the county at the
14next regular election at which the question lawfully may be
15submitted to the electors, all in accordance with the Election
16Code.
17    For all regular elections held on or after the effective
18date of this amendatory Act of the 97th General Assembly and
19until the effective date of this amendatory Act of the 98th
20General Assembly, the election authority must submit the
21question in substantially the following form:
22        Shall a retailers' occupation tax and a service
23    occupation tax (commonly referred to as a "sales tax") be
24    imposed in (name of county) at a rate of (insert rate) to
25    be used exclusively for school facility purposes?
26The election authority must record the votes as "Yes" or "No".

 

 

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1    If a majority of the electors voting on the question vote
2in the affirmative, then the tax shall be imposed at the rate
3set forth in the question.
4    For all regular elections held on or after the effective
5date of this amendatory Act of the 98th General Assembly, the
6election authority must submit the question in substantially
7the following form:
8        Shall a retailers' occupation tax and a service
9    occupation tax (commonly referred to as a "sales tax") be
10    imposed in [name of county] at a rate of [insert rate] to
11    be used exclusively for [description of school facility
12    project or projects] for a period of [insert number] years?
13    The election authority must record the votes as "Yes" or
14"No".
15    If a majority of the electors voting on the question vote
16in the affirmative, then the tax shall be imposed at the rate
17set forth in the question for a period not to exceed the time
18stated.
19    For the purposes of this subsection (c), "enrollment" means
20the head count of the students residing in the county on the
21last school day of September of each year, which must be
22reported on the Illinois State Board of Education Public School
23Fall Enrollment/Housing Report.
24    (d) The Department shall immediately pay over to the State
25Treasurer, ex officio, as trustee, all taxes and penalties
26collected under this Section to be deposited into the School

 

 

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1Facility Occupation Tax Fund, which shall be an unappropriated
2trust fund held outside the State treasury.
3    On or before the 25th day of each calendar month, the
4Department shall prepare and certify to the Comptroller the
5disbursement of stated sums of money to the regional
6superintendents of schools in counties from which retailers or
7servicemen have paid taxes or penalties to the Department
8during the second preceding calendar month. The amount to be
9paid to each regional superintendent of schools and disbursed
10to him or her in accordance with Section 3-14.31 of the School
11Code, is equal to the amount (not including credit memoranda)
12collected from the county under this Section during the second
13preceding calendar month by the Department, (i) less 2% of that
14amount, which shall be deposited into the Tax Compliance and
15Administration Fund and shall be used by the Department,
16subject to appropriation, to cover the costs of the Department
17in administering and enforcing the provisions of this Section,
18on behalf of the county, (ii) plus an amount that the
19Department determines is necessary to offset any amounts that
20were erroneously paid to a different taxing body; (iii) less an
21amount equal to the amount of refunds made during the second
22preceding calendar month by the Department on behalf of the
23county; and (iv) less any amount that the Department determines
24is necessary to offset any amounts that were payable to a
25different taxing body but were erroneously paid to the county.
26When certifying the amount of a monthly disbursement to a

 

 

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1regional superintendent of schools under this Section, the
2Department shall increase or decrease the amounts by an amount
3necessary to offset any miscalculation of previous
4disbursements within the previous 6 months from the time a
5miscalculation is discovered.
6    Within 10 days after receipt by the Comptroller from the
7Department of the disbursement certification to the regional
8superintendents of the schools provided for in this Section,
9the Comptroller shall cause the orders to be drawn for the
10respective amounts in accordance with directions contained in
11the certification.
12    If the Department determines that a refund should be made
13under this Section to a claimant instead of issuing a credit
14memorandum, then the Department shall notify the Comptroller,
15who shall cause the order to be drawn for the amount specified
16and to the person named in the notification from the
17Department. The refund shall be paid by the Treasurer out of
18the School Facility Occupation Tax Fund.
19    (e) For the purposes of determining the local governmental
20unit whose tax is applicable, a retail sale by a producer of
21coal or another mineral mined in Illinois is a sale at retail
22at the place where the coal or other mineral mined in Illinois
23is extracted from the earth. This subsection does not apply to
24coal or another mineral when it is delivered or shipped by the
25seller to the purchaser at a point outside Illinois so that the
26sale is exempt under the United States Constitution as a sale

 

 

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1in interstate or foreign commerce.
2    (f) Nothing in this Section may be construed to authorize a
3tax to be imposed upon the privilege of engaging in any
4business that under the Constitution of the United States may
5not be made the subject of taxation by this State.
6    (g) If a county board imposes a tax under this Section
7pursuant to a referendum held before the effective date of this
8amendatory Act of the 97th General Assembly at a rate below the
9rate set forth in the question approved by a majority of
10electors of that county voting on the question as provided in
11subsection (c), then the county board may, by ordinance,
12increase the rate of the tax up to the rate set forth in the
13question approved by a majority of electors of that county
14voting on the question as provided in subsection (c). If a
15county board imposes a tax under this Section pursuant to a
16referendum held before the effective date of this amendatory
17Act of the 97th General Assembly, then the board may, by
18ordinance, discontinue or reduce the rate of the tax. If a tax
19is imposed under this Section pursuant to a referendum held on
20or after the effective date of this amendatory Act of the 97th
21General Assembly, then the county board may reduce or
22discontinue the tax, but only in accordance with subsection
23(h-5) of this Section. If, however, a school board issues bonds
24that are secured by the proceeds of the tax under this Section,
25then the county board may not reduce the tax rate or
26discontinue the tax if that rate reduction or discontinuance

 

 

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1would adversely affect the school board's ability to pay the
2principal and interest on those bonds as they become due or
3necessitate the extension of additional property taxes to pay
4the principal and interest on those bonds. If the county board
5reduces the tax rate or discontinues the tax, then a referendum
6must be held in accordance with subsection (c) of this Section
7in order to increase the rate of the tax or to reimpose the
8discontinued tax.
9    Until January 1, 2014, the results of any election that
10imposes, reduces, or discontinues a tax under this Section must
11be certified by the election authority, and any ordinance that
12increases or lowers the rate or discontinues the tax must be
13certified by the county clerk and, in each case, filed with the
14Illinois Department of Revenue either (i) on or before the
15first day of April, whereupon the Department shall proceed to
16administer and enforce the tax or change in the rate as of the
17first day of July next following the filing; or (ii) on or
18before the first day of October, whereupon the Department shall
19proceed to administer and enforce the tax or change in the rate
20as of the first day of January next following the filing.
21    Beginning January 1, 2014, the results of any election that
22imposes, reduces, or discontinues a tax under this Section must
23be certified by the election authority, and any ordinance that
24increases or lowers the rate or discontinues the tax must be
25certified by the county clerk and, in each case, filed with the
26Illinois Department of Revenue either (i) on or before the

 

 

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1first day of May, whereupon the Department shall proceed to
2administer and enforce the tax or change in the rate as of the
3first day of July next following the filing; or (ii) on or
4before the first day of October, whereupon the Department shall
5proceed to administer and enforce the tax or change in the rate
6as of the first day of January next following the filing.
7    (h) For purposes of this Section, "school facility
8purposes" means (i) the acquisition, development,
9construction, reconstruction, rehabilitation, improvement,
10financing, architectural planning, and installation of capital
11facilities consisting of buildings, structures, and durable
12equipment and for the acquisition and improvement of real
13property and interest in real property required, or expected to
14be required, in connection with the capital facilities and (ii)
15the payment of bonds or other obligations heretofore or
16hereafter issued, including bonds or other obligations
17heretofore or hereafter issued to refund or to continue to
18refund bonds or other obligations issued, for school facility
19purposes, provided that the taxes levied to pay those bonds are
20abated by the amount of the taxes imposed under this Section
21that are used to pay those bonds. "School-facility purposes"
22also includes fire prevention, safety, energy conservation,
23disabled accessibility, school security, and specified repair
24purposes set forth under Section 17-2.11 of the School Code.
25    (h-5) A county board in a county where a tax has been
26imposed under this Section pursuant to a referendum held on or

 

 

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1after the effective date of this amendatory Act of the 97th
2General Assembly may, by ordinance or resolution, submit to the
3voters of the county the question of reducing or discontinuing
4the tax. In the ordinance or resolution, the county board shall
5certify the question to the proper election authority in
6accordance with the Election Code. The election authority must
7submit the question in substantially the following form:
8        Shall the school facility retailers' occupation tax
9    and service occupation tax (commonly referred to as the
10    "school facility sales tax") currently imposed in (name of
11    county) at a rate of (insert rate) be (reduced to (insert
12    rate))(discontinued)?
13If a majority of the electors voting on the question vote in
14the affirmative, then, subject to the provisions of subsection
15(g) of this Section, the tax shall be reduced or discontinued
16as set forth in the question.
17    (i) This Section does not apply to Cook County.
18    (j) This Section may be cited as the County School Facility
19Occupation Tax Law.
20(Source: P.A. 97-542, eff. 8-23-11; 97-813, eff. 7-13-12;
2198-584, eff. 8-27-13.)