State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0901

SB1453 Enrolled                                LRB9111084SMdv

    AN ACT concerning taxation.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by adding  Section
2505-710 as follows:

    (20 ILCS 2505/2505-710 new)
    Sec.  2505-710.   Occupation  and  Use  Tax Reporting and
Simplification  Committee  and  report.   The  Department  is
authorized and empowered to convene an Occupation and Use Tax
Reporting and Simplification Committee  for  the  purpose  of
reviewing   proposed   methods   for   simplifying   Illinois
occupation and use tax reporting requirements.  The Committee
shall consist of the Director or such person or persons as he
or  she  may  designate,  3  representatives  of the business
community appointed by the Director, and 3 representatives of
local government appointed by the Director.  The Committee so
assembled shall study methods for simplifying occupation  and
use tax reporting requirements in general and, in particular,
shall  review  the  feasibility  of  reducing  the  number of
occupation and use tax returns  required  to  be  filed  each
taxable  year.   The  Committee  shall submit a report of its
findings to the General Assembly  on  or  before  January  1,
2001.

    Section  10.   The  Use  Tax  Act  is amended by changing
Sections 3-5, 9, 10, and 22 as follows:

    (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
    Sec. 3-5.  Exemptions.  Use  of  the  following  tangible
personal property is exempt from the tax imposed by this Act:
    (1)  Personal  property  purchased  from  a  corporation,
society,    association,    foundation,    institution,    or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for  the  benefit  of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2)  Personal  property  purchased  by  a  not-for-profit
Illinois county  fair  association  for  use  in  conducting,
operating, or promoting the county fair.
    (3)  Personal property purchased by a not-for-profit arts
or  cultural organization that establishes, by proof required
by the Department by rule, that it has received an  exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is  organized and operated for the presentation or support of
arts or cultural programming, activities, or services.  These
organizations include, but are  not  limited  to,  music  and
dramatic  arts  organizations such as symphony orchestras and
theatrical groups, arts and cultural  service  organizations,
local  arts  councils,  visual  arts organizations, and media
arts organizations.
    (4)  Personal property purchased by a governmental  body,
by   a  corporation,  society,  association,  foundation,  or
institution   organized   and   operated   exclusively    for
charitable,  religious,  or  educational  purposes,  or  by a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability company may qualify for the  exemption  under  this
paragraph  only if the limited liability company is organized
and operated exclusively for  educational  purposes.  On  and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active   exemption   identification   number  issued  by  the
Department.
    (5)  A passenger car that is a replacement vehicle to the
extent that the purchase price of the car is subject  to  the
Replacement Vehicle Tax.
    (6)  Graphic  arts  machinery  and  equipment,  including
repair   and  replacement  parts,  both  new  and  used,  and
including that manufactured on special  order,  certified  by
the   purchaser   to  be  used  primarily  for  graphic  arts
production, and including machinery and  equipment  purchased
for lease.
    (7)  Farm chemicals.
    (8)  Legal  tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (9)  Personal property purchased from a teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (10)  A  motor  vehicle  of  the  first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to  provide  living
quarters  for  recreational,  camping,  or  travel  use, with
direct walk through to the living quarters from the  driver's
seat,  or  a  motor vehicle of the second division that is of
the van configuration designed for the transportation of  not
less  than  7  nor  more  than  16  passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used  for
automobile  renting,  as  defined  in  the Automobile Renting
Occupation and Use Tax Act.
    (11)  Farm machinery and equipment, both  new  and  used,
including  that  manufactured  on special order, certified by
the purchaser to be used primarily for production agriculture
or  State  or  federal   agricultural   programs,   including
individual replacement parts for the machinery and equipment,
including  machinery  and  equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm  machinery  and  agricultural
chemical  and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois  Vehicle
Code,  but  excluding  other  motor  vehicles  required to be
registered under the  Illinois  Vehicle  Code.  Horticultural
polyhouses  or  hoop houses used for propagating, growing, or
overwintering plants shall be considered farm  machinery  and
equipment  under this item (11). Agricultural chemical tender
tanks and dry boxes shall include units sold separately  from
a  motor  vehicle  required  to  be  licensed  and units sold
mounted on a motor vehicle required to  be  licensed  if  the
selling price of the tender is separately stated.
    Farm  machinery  and  equipment  shall  include precision
farming equipment  that  is  installed  or  purchased  to  be
installed  on farm machinery and equipment including, but not
limited  to,  tractors,   harvesters,   sprayers,   planters,
seeders,  or spreaders. Precision farming equipment includes,
but is not  limited  to,  soil  testing  sensors,  computers,
monitors,  software,  global positioning and mapping systems,
and other such equipment.
    Farm machinery and  equipment  also  includes  computers,
sensors,  software,  and  related equipment used primarily in
the computer-assisted  operation  of  production  agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited  to,  the  collection, monitoring, and correlation of
animal and crop data for the purpose  of  formulating  animal
diets  and  agricultural chemicals.  This item (11) is exempt
from the provisions of Section 3-90.
    (12)  Fuel and petroleum products sold to or used  by  an
air  common  carrier, certified by the carrier to be used for
consumption, shipment, or  storage  in  the  conduct  of  its
business  as an air common carrier, for a flight destined for
or returning from a location or locations outside the  United
States  without  regard  to  previous  or subsequent domestic
stopovers.
    (13)  Proceeds of mandatory  service  charges  separately
stated  on  customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the  service  charge  are  in
fact  turned  over as tips or as a substitute for tips to the
employees who participate  directly  in  preparing,  serving,
hosting  or  cleaning  up  the food or beverage function with
respect to which the service charge is imposed.
    (14)  Oil field  exploration,  drilling,  and  production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
goods, including casing and drill strings,  (iii)  pumps  and
pump-jack  units,  (iv) storage tanks and flow lines, (v) any
individual  replacement  part  for  oil  field   exploration,
drilling,  and  production  equipment, and (vi) machinery and
equipment purchased for lease; but excluding  motor  vehicles
required to be registered under the Illinois Vehicle Code.
    (15)  Photoprocessing  machinery and equipment, including
repair and replacement parts, both new  and  used,  including
that   manufactured   on  special  order,  certified  by  the
purchaser to  be  used  primarily  for  photoprocessing,  and
including  photoprocessing  machinery and equipment purchased
for lease.
    (16)  Coal  exploration,  mining,   offhighway   hauling,
processing, maintenance, and reclamation equipment, including
replacement  parts  and  equipment,  and  including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
    (17)  Distillation machinery and  equipment,  sold  as  a
unit   or  kit,  assembled  or  installed  by  the  retailer,
certified by the user to be used only for the  production  of
ethyl alcohol that will be used for consumption as motor fuel
or  as  a component of motor fuel for the personal use of the
user, and not subject to sale or resale.
    (18)  Manufacturing   and   assembling   machinery    and
equipment  used  primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the  manufacturer  or  by  some  other  person,  whether  the
materials used in the process are owned by  the  manufacturer
or  some  other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in  the
service  occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar  items  of  no  commercial
value on special order for a particular purchaser.
    (19)  Personal  property  delivered  to  a  purchaser  or
purchaser's donee inside Illinois when the purchase order for
that  personal  property  was  received  by a florist located
outside Illinois who has a florist  located  inside  Illinois
deliver the personal property.
    (20)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (21)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (22)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or  treatment  of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the  time  the  lessor  would
otherwise  be  subject  to  the tax imposed by this Act, to a
hospital  that  has  been  issued  an  active  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation  Tax  Act.   If  the  equipment  is
leased  in  a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the  lessor  shall
be  liable  for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based  on  the  fair  market
value  of  the  property  at  the time the non-qualifying use
occurs.  No lessor shall collect or  attempt  to  collect  an
amount  (however  designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by  the
lessor.  If a lessor improperly collects any such amount from
the  lessee,  the  lessee shall have a legal right to claim a
refund of that amount from the  lessor.   If,  however,  that
amount  is  not  refunded  to  the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (23)  Personal property purchased by a lessor who  leases
the  property,  under a lease of  one year or longer executed
or in effect at  the  time  the  lessor  would  otherwise  be
subject  to  the  tax  imposed by this Act, to a governmental
body that has been  issued  an  active  sales  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is  leased
in  a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor  shall  be  liable
for  the  tax  imposed  under this Act or the Service Use Tax
Act, as the case may be, based on the fair  market  value  of
the  property  at the time the non-qualifying use occurs.  No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that  lessor  for  the
tax  imposed  by  this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor.   If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount  from  the  lessor.   If,  however, that amount is not
refunded to the lessee for any reason, the lessor  is  liable
to pay that amount to the Department.
    (24)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is donated
for disaster relief to  be  used  in  a  State  or  federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer  or retailer that is registered in this State to
a   corporation,   society,   association,   foundation,   or
institution that  has  been  issued  a  sales  tax  exemption
identification  number by the Department that assists victims
of the disaster who reside within the declared disaster area.
    (25)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is  used  in
the  performance  of  infrastructure  repairs  in this State,
including but not limited to  municipal  roads  and  streets,
access  roads,  bridges,  sidewalks,  waste disposal systems,
water and  sewer  line  extensions,  water  distribution  and
purification  facilities,  storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located in the declared disaster area within 6  months  after
the disaster.
    (26)  Beginning   July   1,  1999,  game  or  game  birds
purchased at a "game breeding and hunting preserve  area"  or
an  "exotic game hunting area" as those terms are used in the
Wildlife Code or at  a  hunting  enclosure  approved  through
rules  adopted  by the Department of Natural Resources.  This
paragraph is exempt from the provisions of Section 3-90.
    (27) (26)  A motor vehicle, as that term  is  defined  in
Section  1-146  of the Illinois Vehicle Code, that is donated
to  a  corporation,  limited  liability   company,   society,
association, foundation, or institution that is determined by
the  Department  to be organized and operated exclusively for
educational purposes.  For purposes  of  this  exemption,  "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for  educational  purposes"  means  all  tax-supported public
schools, private schools that offer systematic instruction in
useful branches of  learning  by  methods  common  to  public
schools  and  that  compare  favorably  in  their  scope  and
intensity with the course of study presented in tax-supported
schools,  and  vocational  or technical schools or institutes
organized and operated exclusively to  provide  a  course  of
study  of  not  less  than  6  weeks duration and designed to
prepare individuals to follow a trade or to pursue a  manual,
technical,  mechanical,  industrial,  business, or commercial
occupation.
    (28) (27)  Beginning January 1, 2000,  personal property,
including food, purchased through fundraising events for  the
benefit  of  a  public  or  private  elementary  or secondary
school, a group of those  schools,  or  one  or  more  school
districts if the events are sponsored by an entity recognized
by  the school district that consists primarily of volunteers
and includes parents and teachers  of  the  school  children.
This  paragraph  does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal  property  sold  at
the  events  from  another individual or entity that sold the
property for the purpose of resale by the fundraising  entity
and  that  profits  from  the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-90.
    (29)  (26)  Beginning  January  1,  2000,  new  or   used
automatic  vending  machines  that prepare and serve hot food
and beverages, including coffee, soup, and other  items,  and
replacement  parts  for  these  machines.   This paragraph is
exempt from the provisions of Section 3-90.
    (30)  Food for human consumption that is to  be  consumed
off  the  premises  where  it  is  sold (other than alcoholic
beverages, soft drinks, and food that has been  prepared  for
immediate  consumption)  and prescription and nonprescription
medicines, drugs,  medical  appliances,  and  insulin,  urine
testing  materials,  syringes, and needles used by diabetics,
for human use, when purchased for use by a  person  receiving
medical assistance under Article 5 of the Illinois Public Aid
Code  who  resides  in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(Source: P.A. 90-14,  eff.  7-1-97;  90-552,  eff.  12-12-97;
90-605,  eff.  6-30-98;  91-51,  eff.  6-30-99;  91-200, eff.
7-20-99; 91-439, eff. 8-6-99; 91-637, eff.  8-20-99;  91-644,
eff. 8-20-99; revised 9-29-99.)

    (35 ILCS 105/9) (from Ch. 120, par. 439.9)
    Sec.   9.  Except   as  to  motor  vehicles,  watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this  State,  each retailer required or
authorized to collect the tax imposed by this Act  shall  pay
to the Department the amount of such tax (except as otherwise
provided)  at the time when he is required to file his return
for the period during which such tax was  collected,  less  a
discount  of  2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever  is
greater,  which  is  allowed  to  reimburse  the retailer for
expenses incurred in collecting  the  tax,  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to the Department on request.  In the case of retailers
who report and pay the tax on a  transaction  by  transaction
basis,  as  provided  in this Section, such discount shall be
taken with each such tax  remittance  instead  of  when  such
retailer  files  his  periodic  return.   A retailer need not
remit that part of any tax collected by  him  to  the  extent
that  he  is required to remit and does remit the tax imposed
by the Retailers' Occupation Tax Act,  with  respect  to  the
sale of the same property.
    Where  such  tangible  personal  property is sold under a
conditional sales contract, or under any other form  of  sale
wherein  the payment of the principal sum, or a part thereof,
is extended beyond the close of  the  period  for  which  the
return  is filed, the retailer, in collecting the tax (except
as to motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this  State),
may  collect  for  each  tax  return  period,  only  the  tax
applicable  to  that  part  of  the  selling  price  actually
received during such tax return period.
    Except  as  provided  in  this  Section, on or before the
twentieth day of each calendar  month,  such  retailer  shall
file  a return for the preceding calendar month.  Such return
shall be filed on forms  prescribed  by  the  Department  and
shall   furnish   such  information  as  the  Department  may
reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar month from sales of
    tangible personal property by him during  such  preceding
    calendar  month,  including receipts from charge and time
    sales, but less all deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000  or  more  shall
make  all  payments  required  by  rules of the Department by
electronic funds  transfer.  Beginning  October  1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department by electronic funds transfer. Beginning October 1,
2000,  a taxpayer who has an annual tax liability of $200,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic  funds transfer.  The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under  this  Act,  and  under  all  other  State  and   local
occupation  and  use tax laws administered by the Department,
for  the  immediately  preceding  calendar  year.  The   term
"average   monthly  tax  liability"  means  the  sum  of  the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to make payments by  electronic  funds  transfer  shall  make
those payments for a minimum of one year beginning on October
1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Before October 1, 2000, if the taxpayer's average monthly
tax  liability  to  the  Department  under  this   Act,   the
Retailers'  Occupation  Tax  Act,  the Service Occupation Tax
Act, the Service Use Tax Act was $10,000 or more  during  the
preceding  4  complete  calendar  quarters,  he  shall file a
return with the Department each month by the 20th day of  the
month   next  following  the  month  during  which  such  tax
liability  is  incurred  and  shall  make  payments  to   the
Department  on  or before the 7th, 15th, 22nd and last day of
the month during which such liability  is  incurred.  On  and
after  October 1, 2000, if the taxpayer's average monthly tax
liability to the Department under this  Act,  the  Retailers'
Occupation  Tax  Act, the Service Occupation Tax Act, and the
Service Use Tax Act was $20,000 or more during the  preceding
4 complete calendar quarters, he shall file a return with the
Department  each  month  by  the  20th  day of the month next
following the  month  during  which  such  tax  liability  is
incurred  and  shall  make  payment  to  the Department on or
before the 7th, 15th, 22nd and  last  day  of  or  the  month
during  which such liability is incurred. If the month during
which such tax liability is incurred began prior  to  January
1,  1985,  each payment shall be in an amount equal to 1/4 of
the taxpayer's actual liability for the month  or  an  amount
set  by  the  Department  not  to  exceed  1/4 of the average
monthly liability of the taxpayer to the Department  for  the
preceding  4  complete calendar quarters (excluding the month
of highest liability and the month  of  lowest  liability  in
such  4  quarter period).  If the month during which such tax
liability is incurred begins on or after January 1, 1985, and
prior to January 1, 1987, each payment shall be in an  amount
equal  to  22.5%  of  the taxpayer's actual liability for the
month or 27.5% of  the  taxpayer's  liability  for  the  same
calendar  month  of  the preceding year.  If the month during
which such tax liability  is  incurred  begins  on  or  after
January  1,  1987, and prior to January 1, 1988, each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 26.25% of the taxpayer's liability
for the same calendar month of the preceding  year.   If  the
month  during  which such tax liability is incurred begins on
or after January 1, 1988, and prior to January  1,  1989,  or
begins  on or after January 1, 1996, each payment shall be in
an amount equal to 22.5% of the taxpayer's  actual  liability
for the month or 25% of the taxpayer's liability for the same
calendar  month  of  the preceding year.  If the month during
which such tax liability  is  incurred  begins  on  or  after
January  1,  1989, and prior to January 1, 1996, each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of  the  taxpayer's  liability
for  the same calendar month of the preceding year or 100% of
the taxpayer's  actual  liability  for  the  quarter  monthly
reporting   period.   The  amount  of  such  quarter  monthly
payments shall be credited against the final tax liability of
the taxpayer's return for  that  month.   Before  October  1,
2000,  once  applicable,  the  requirement  of  the making of
quarter monthly payments to  the  Department  shall  continue
until  such  taxpayer's  average  monthly  liability  to  the
Department  during the preceding 4 complete calendar quarters
(excluding the month of highest liability and  the  month  of
lowest   liability)  is  less  than  $9,000,  or  until  such
taxpayer's average monthly liability  to  the  Department  as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However,  if  a  taxpayer  can  show  the  Department  that a
substantial change in the taxpayer's  business  has  occurred
which  causes  the  taxpayer  to  anticipate that his average
monthly tax liability for the reasonably  foreseeable  future
will fall below the $10,000 threshold stated above, then such
taxpayer  may  petition  the  Department  for  change in such
taxpayer's reporting status. On and after  October  1,  2000,
once  applicable,  the  requirement  of the making of quarter
monthly payments to the Department shall continue until  such
taxpayer's average monthly liability to the Department during
the  preceding  4  complete  calendar quarters (excluding the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability to the Department as  computed  for  each  calendar
quarter  of  the 4 preceding complete calendar quarter period
is less than $20,000.  However, if a taxpayer  can  show  the
Department  that  a  substantial  change  in  the  taxpayer's
business has occurred which causes the taxpayer to anticipate
that  his  average  monthly  tax liability for the reasonably
foreseeable future will  fall  below  the  $20,000  threshold
stated  above, then such taxpayer may petition the Department
for a change  in  such  taxpayer's  reporting  status.    The
Department  shall  change  such  taxpayer's  reporting status
unless it finds that such change is seasonal  in  nature  and
not  likely  to  be  long  term.  If any such quarter monthly
payment is not paid at the time or in the amount required  by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
and  the  amount of such quarter monthly payment actually and
timely paid, except insofar as the  taxpayer  has  previously
made  payments  for that month to the Department in excess of
the minimum payments  previously  due  as  provided  in  this
Section.    The  Department  shall  make reasonable rules and
regulations to govern the quarter monthly payment amount  and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    If  any such payment provided for in this Section exceeds
the taxpayer's liabilities under  this  Act,  the  Retailers'
Occupation  Tax  Act,  the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly  return,
the   Department   shall  issue  to  the  taxpayer  a  credit
memorandum no later than 30 days after the date  of  payment,
which  memorandum  may  be  submitted  by the taxpayer to the
Department in payment of tax  liability  subsequently  to  be
remitted  by the taxpayer to the Department or be assigned by
the taxpayer to  a  similar  taxpayer  under  this  Act,  the
Retailers' Occupation Tax Act, the Service Occupation Tax Act
or  the  Service  Use  Tax Act, in accordance with reasonable
rules and regulations to be  prescribed  by  the  Department,
except  that  if  such excess payment is shown on an original
monthly return and is made after December 31, 1986, no credit
memorandum shall be issued, unless requested by the taxpayer.
If no such request is made,  the  taxpayer  may  credit  such
excess  payment  against  tax  liability  subsequently  to be
remitted by the taxpayer to the Department  under  this  Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act or the Service Use Tax Act, in accordance with reasonable
rules  and  regulations prescribed by the Department.  If the
Department subsequently determines that all or  any  part  of
the  credit  taken  was not actually due to the taxpayer, the
taxpayer's 2.1% or 1.75% vendor's discount shall  be  reduced
by  2.1%  or 1.75% of the difference between the credit taken
and that actually due, and the taxpayer shall be  liable  for
penalties and interest on such difference.
    If  the  retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does  not  exceed  $200,  the  Department  may
authorize  his returns to be filed on a quarter annual basis,
with the return for January, February, and March of  a  given
year  being due by April 20 of such year; with the return for
April, May and June of a given year being due by July  20  of
such  year; with the return for July, August and September of
a given year being due by October 20 of such year,  and  with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If  the  retailer is otherwise required to file a monthly
or quarterly return and if the retailer's average monthly tax
liability  to  the  Department  does  not  exceed  $50,   the
Department may authorize his returns to be filed on an annual
basis,  with the return for a given year being due by January
20 of the following year.
    Such quarter annual and annual returns, as  to  form  and
substance,  shall  be  subject  to  the  same requirements as
monthly returns.
    Notwithstanding  any  other   provision   in   this   Act
concerning  the  time  within  which  a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business  which  makes  him  responsible  for  filing
returns  under  this  Act,  such  retailer shall file a final
return under this Act with the Department not more  than  one
month after discontinuing such business.
    In  addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this State, every retailer selling this
kind of tangible  personal  property  shall  file,  with  the
Department,  upon a form to be prescribed and supplied by the
Department, a separate return for each such item of  tangible
personal  property  which  the retailer sells, except that if
where, in the same transaction, (i) a retailer  of  aircraft,
watercraft,  motor  vehicles  or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft, watercraft, motor vehicle or trailer  retailer  for
the  purpose  of  resale  or  (ii)  a  retailer  of aircraft,
watercraft, motor vehicles, or trailers transfers  more  than
one  aircraft,  watercraft,  motor  vehicle,  or trailer to a
purchaser for use as a qualifying rolling stock  as  provided
in  Section 3-55 of this Act, then that seller for resale may
report the transfer of all the  aircraft,  watercraft,  motor
vehicles  or  trailers  involved  in  that transaction to the
Department on the same uniform invoice-transaction  reporting
return  form.    For  purposes  of this Section, "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section 3-2 of  the  Boat  Registration  and  Safety  Act,  a
personal  watercraft,  or  any  boat equipped with an inboard
motor.
    The transaction reporting return in  the  case  of  motor
vehicles  or trailers that are required to be registered with
an agency of this State, shall be the same  document  as  the
Uniform  Invoice referred to in Section 5-402 of the Illinois
Vehicle Code and must  show  the  name  and  address  of  the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 2 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale; a sufficient identification of
the property sold; such other information as is  required  in
Section  5-402  of  the Illinois Vehicle Code, and such other
information as the Department may reasonably require.
    The  transaction  reporting  return  in   the   case   of
watercraft and aircraft must show the name and address of the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 2 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale, a sufficient identification of
the  property  sold,  and  such  other  information  as   the
Department may reasonably require.
    Such  transaction  reporting  return  shall  be filed not
later than 20 days after the date of  delivery  of  the  item
that  is  being sold, but may be filed by the retailer at any
time  sooner  than  that  if  he  chooses  to  do  so.    The
transaction  reporting  return and tax remittance or proof of
exemption from the tax that is imposed by  this  Act  may  be
transmitted to the Department by way of the State agency with
which,  or  State  officer  with  whom, the tangible personal
property  must  be  titled  or  registered  (if  titling   or
registration  is  required) if the Department and such agency
or State officer determine that this procedure will  expedite
the processing of applications for title or registration.
    With each such transaction reporting return, the retailer
shall  remit  the  proper  amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or  its  agents,  whereupon  the
Department  shall  issue,  in  the  purchaser's  name,  a tax
receipt (or a certificate of exemption if the  Department  is
satisfied  that the particular sale is tax exempt) which such
purchaser may submit to  the  agency  with  which,  or  State
officer  with  whom,  he  must title or register the tangible
personal  property  that   is   involved   (if   titling   or
registration  is  required)  in  support  of such purchaser's
application for an Illinois certificate or other evidence  of
title or registration to such tangible personal property.
    No  retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid  the  proper  tax  to  the
retailer,  from  obtaining  his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department  that  such  user
has paid the proper tax (if tax is due) to the retailer.  The
Department  shall  adopt  appropriate  rules to carry out the
mandate of this paragraph.
    If the user who would otherwise pay tax to  the  retailer
wants  the transaction reporting return filed and the payment
of tax or proof of exemption made to  the  Department  before
the  retailer  is willing to take these actions and such user
has not paid the tax to the retailer, such user  may  certify
to  the fact of such delay by the retailer, and may (upon the
Department   being   satisfied   of   the   truth   of   such
certification)  transmit  the  information  required  by  the
transaction reporting return and the remittance  for  tax  or
proof  of exemption directly to the Department and obtain his
tax receipt or exemption determination, in  which  event  the
transaction  reporting  return  and  tax remittance (if a tax
payment was required) shall be credited by the Department  to
the  proper  retailer's  account  with  the  Department,  but
without  the  2.1%  or  1.75%  discount  provided for in this
Section being allowed.  When the user pays the  tax  directly
to  the  Department,  he shall pay the tax in the same amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Where a retailer collects the tax  with  respect  to  the
selling  price  of  tangible personal property which he sells
and the purchaser thereafter returns such  tangible  personal
property  and  the retailer refunds the selling price thereof
to the purchaser, such retailer shall  also  refund,  to  the
purchaser,  the  tax  so  collected  from the purchaser. When
filing his return for the period in which he refunds such tax
to the purchaser, the retailer may deduct the amount  of  the
tax  so  refunded  by him to the purchaser from any other use
tax which such retailer may be required to pay  or  remit  to
the Department, as shown by such return, if the amount of the
tax  to be deducted was previously remitted to the Department
by  such  retailer.   If  the  retailer  has  not  previously
remitted the amount of such tax  to  the  Department,  he  is
entitled  to  no deduction under this Act upon refunding such
tax to the purchaser.
    Any retailer filing a return  under  this  Section  shall
also  include  (for  the  purpose  of paying tax thereon) the
total tax covered by such return upon the  selling  price  of
tangible  personal property purchased by him at retail from a
retailer, but as to which the tax imposed by this Act was not
collected from the retailer  filing  such  return,  and  such
retailer shall remit the amount of such tax to the Department
when filing such return.
    If  experience  indicates  such action to be practicable,
the Department may prescribe and  furnish  a  combination  or
joint return which will enable retailers, who are required to
file   returns   hereunder  and  also  under  the  Retailers'
Occupation Tax Act, to furnish  all  the  return  information
required by both Acts on the one form.
    Where  the retailer has more than one business registered
with the Department under separate  registration  under  this
Act,  such retailer may not file each return that is due as a
single return covering all such  registered  businesses,  but
shall   file   separate  returns  for  each  such  registered
business.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the State and Local Sales Tax Reform Fund, a
special fund in the State Treasury which is  hereby  created,
the  net revenue realized for the preceding month from the 1%
tax on sales of food for human consumption  which  is  to  be
consumed  off  the  premises  where  it  is  sold (other than
alcoholic beverages, soft drinks  and  food  which  has  been
prepared  for  immediate  consumption)  and  prescription and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin, urine testing materials, syringes and  needles  used
by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund  4%
of  the net revenue realized for the preceding month from the
6.25% general rate on the selling price of tangible  personal
property which is purchased outside Illinois at retail from a
retailer  and  which  is titled or registered by an agency of
this State's government.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the State and Local Sales Tax Reform Fund, a
special fund in the State Treasury, 20% of  the  net  revenue
realized  for the preceding month from the 6.25% general rate
on the selling price of  tangible  personal  property,  other
than  tangible  personal  property which is purchased outside
Illinois at retail from a retailer and  which  is  titled  or
registered by an agency of this State's government.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local Government Tax Fund 16% of  the  net
revenue  realized  for  the  preceding  month  from the 6.25%
general rate  on  the  selling  price  of  tangible  personal
property which is purchased outside Illinois at retail from a
retailer  and  which  is titled or registered by an agency of
this State's government.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall  be  paid  into
the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8%  thereof  shall  be  paid
into  the  Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the  Department
and required to be paid into the Build Illinois Fund pursuant
to  Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts  being
hereinafter  called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may  be,  of  moneys  being  hereinafter
called  the  "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the  Annual  Specified  Amount
(as  defined  in  Section  3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be  immediately
paid  into the Build Illinois Fund from other moneys received
by the Department pursuant  to  the  Tax  Acts;  and  further
provided,  that  if on the last business day of any month the
sum of (1) the Tax Act Amount required to be  deposited  into
the  Build  Illinois  Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred during  such
month  to  the  Build  Illinois Fund from the State and Local
Sales Tax Reform Fund shall have been less than 1/12  of  the
Annual  Specified  Amount,  an amount equal to the difference
shall be immediately paid into the Build Illinois  Fund  from
other  moneys  received by the Department pursuant to the Tax
Acts; and, further provided,  that  in  no  event  shall  the
payments  required  under  the  preceding  proviso  result in
aggregate payments into the Build Illinois Fund  pursuant  to
this  clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable into the Build Illinois Fund under  this  clause  (b)
shall be payable only until such time as the aggregate amount
on  deposit  under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois  Bond  Act  is
sufficient, taking into account any future investment income,
to  fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture  and
on  any  Bonds  expected to be issued thereafter and all fees
and costs payable with respect thereto, all as  certified  by
the  Director  of  the  Bureau of the Budget.  If on the last
business day of any month  in  which  Bonds  are  outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of  the  preceding  sentence.   The  moneys  received  by the
Department pursuant to this Act and required to be  deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
             2007                       108,000,000
             2008                       115,000,000
             2009                       120,000,000
             2010                       126,000,000
             2011                       132,000,000
             2012                       138,000,000
             2013 and                   145,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local Government Distributive Fund .4% of the net revenue
realized for the preceding month from the 5% general rate, or
.4% of 80% of the net  revenue  realized  for  the  preceding
month from the 6.25% general rate, as the case may be, on the
selling  price  of  tangible  personal  property which amount
shall, subject to appropriation, be distributed  as  provided
in Section 2 of the State Revenue Sharing Act. No payments or
distributions pursuant to this paragraph shall be made if the
tax  imposed  by  this  Act  on  photoprocessing  products is
declared unconstitutional, or if the proceeds from  such  tax
are unavailable for distribution because of litigation.
    Subject  to  payment  of  amounts into the Build Illinois
Fund, the McCormick Place Expansion  Project  Fund,  and  the
Local  Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments  thereto  hereafter  enacted,
beginning  July  1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the  net
revenue  realized  for  the  preceding  month  from the 6.25%
general rate  on  the  selling  price  of  tangible  personal
property.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act,  75%  thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School  Fund  as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    As  soon  as  possible after the first day of each month,
upon  certification  of  the  Department  of   Revenue,   the
Comptroller  shall  order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel  Tax
Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
realized under this  Act  for  the  second  preceding  month.
Beginning  April 1, 2000, this transfer is no longer required
and shall not be made.
    Net revenue realized for a month  shall  be  the  revenue
collected  by the State pursuant to this Act, less the amount
paid out during  that  month  as  refunds  to  taxpayers  for
overpayment of liability.
    For  greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold  at  retail
in Illinois by numerous retailers, and who wish to do so, may
assume  the  responsibility  for accounting and paying to the
Department all tax accruing under this Act  with  respect  to
such  sales,  if  the  retailers who are affected do not make
written objection to the Department to this arrangement.
(Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,   eff.
7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.)

    (35 ILCS 105/10) (from Ch. 120, par. 439.10)
    Sec.  10.  Except  as  to  motor  vehicles, and aircraft,
watercraft, and trailers, when tangible personal property  is
purchased  from  a  retailer  for  use  in  this  State  by a
purchaser who did not pay the tax imposed by this Act to  the
retailer,  and  who does not file returns with the Department
as a retailer under Section 9 of this Act, such purchaser (by
the last day of the month following  the  calendar  month  in
which such purchaser makes any payment upon the selling price
of  such property) shall, except as provided in this Section,
file a return with the Department and pay the tax  upon  that
portion  of the selling price so paid by the purchaser during
the  preceding  calendar  month.   When   tangible   personal
property,  including  but  not  limited to motor vehicles and
aircraft, is purchased by a lessor, under  a  lease  for  one
year or longer, executed or in effect at the time of purchase
to  an  interstate  carrier for hire, who did not pay the tax
imposed by this Act to the retailer, such lessor (by the last
day of the month following the calendar month in  which  such
property  reverts  to  the  use  of such lessor) shall file a
return with the Department and pay  the  tax  upon  the  fair
market  value of such property on the date of such reversion.
However, in determining the fair market value at the time  of
reversion,  the  fair market value of such property shall not
exceed the original purchase price of the property  that  was
paid by the lessor at the time of purchase. Such return shall
be  filed  on  a  form prescribed by the Department and shall
contain such information as  the  Department  may  reasonably
require.  Such return and payment from the purchaser shall be
submitted  to  the Department sooner than the last day of the
month after the month in which the purchase is  made  to  the
extent  that  that  may  be  necessary in order to secure the
title to a motor vehicle or the certificate  of  registration
for  an  aircraft.  However,  except as to motor vehicles and
aircraft, if the purchaser's annual use  tax  liability  does
not  exceed  $600,  the  purchaser  may file the return on an
annual basis on or before April 15th of  the  year  following
the year use tax liability was incurred.
    In addition with respect to motor vehicles, and aircraft,
watercraft,  and  trailers,  a  purchaser  of  such  tangible
personal  property  for use in this State, who purchases such
tangible personal property  from  an  out-of-state  retailer,
shall  file with the Department, upon a form to be prescribed
and supplied by the Department, a return for each  such  item
of  tangible  personal property purchased, except that if, in
the same transaction, (i)  a  purchaser  of  motor  vehicles,
aircraft,  watercraft, or trailers who is a retailer of motor
vehicles, aircraft, watercraft, or  trailers  purchases  more
than  one motor vehicle, aircraft, watercraft, or trailer for
the purpose of resale or (ii) a purchaser of motor  vehicles,
aircraft,  watercraft,  or  trailers  purchases more than one
motor vehicle, aircraft, watercraft, or trailer  for  use  as
qualifying  rolling stock as provided in Section 3-55 of this
Act, then the purchaser may report the purchase of all  motor
vehicles,  aircraft, watercraft, or trailers involved in that
transaction to the Department on a single  return  prescribed
by the Department.  Such return in the case of motor vehicles
and  aircraft  must  show the name and address of the seller,
the name, address of purchaser, the  amount  of  the  selling
price including the amount allowed by the retailer for traded
in  property,  if any; the amount allowed by the retailer for
the traded-in tangible personal  property,  if  any,  to  the
extent to which Section 2 of this Act allows an exemption for
the  value  of  traded-in property; the balance payable after
deducting such trade-in  allowance  from  the  total  selling
price;  the amount of tax due from the purchaser with respect
to such transaction; the amount of  tax  collected  from  the
purchaser   by   the   retailer   on   such  transaction  (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance  if that is claimed to be the fact); the
place and date of the sale, a  sufficient  identification  of
the   property  sold,  and  such  other  information  as  the
Department may reasonably require.
    Such return shall be filed not later than 30  days  after
such motor vehicle or aircraft is brought into this State for
use.
    For  purposes of this Section, "watercraft" means a Class
2, Class 3, or Class 4 watercraft as defined in  Section  3-2
of   the   Boat  Registration  and  Safety  Act,  a  personal
watercraft, or any boat equipped with an inboard motor.
    The return and tax remittance or proof of exemption  from
the tax that is imposed by this Act may be transmitted to the
Department  by  way  of the State agency with which, or State
officer with whom, the tangible  personal  property  must  be
titled or registered (if titling or registration is required)
if  the Department and such agency or State officer determine
that  this  procedure  will  expedite   the   processing   of
applications for title or registration.
    With  each  such  return,  the  purchaser shall remit the
proper amount  of  tax  due  (or  shall  submit  satisfactory
evidence  that  the sale is not taxable if that is the case),
to the Department or its  agents,  whereupon  the  Department
shall  issue,  in  the  purchaser's name, a tax receipt (or a
certificate of exemption if the Department is satisfied  that
the  particular  sale is tax exempt) which such purchaser may
submit to the agency with which, or State officer with  whom,
he must title or register the tangible personal property that
is  involved  (if  titling  or  registration  is required) in
support of  such  purchaser's  application  for  an  Illinois
certificate  or  other  evidence  of title or registration to
such tangible personal property.
    When a purchaser pays a tax imposed by this Act  directly
to the Department, the Department (upon request therefor from
such  purchaser)  shall  issue an appropriate receipt to such
purchaser  showing  that  he  has  paid  such  tax   to   the
Department.   Such receipt shall be sufficient to relieve the
purchaser from further liability for the tax  to  which  such
receipt may refer.
    A  user  who  is  liable  to  pay use tax directly to the
Department  only  occasionally  and  not  on   a   frequently
recurring basis, and who is not required to file returns with
the  Department as a retailer under Section 9 of this Act, or
under the "Retailers' Occupation Tax Act", or as a registrant
with the Department under the "Service Occupation Tax Act" or
the "Service  Use  Tax  Act",  need  not  register  with  the
Department.   However,  if  such  a  user  has  a  frequently
recurring direct use tax liability to pay to the  Department,
such  user  shall be required to register with the Department
on forms prescribed by  the  Department  and  to  obtain  and
display  a  certificate  of registration from the Department.
In that event, all of the provisions of Section 9 of this Act
concerning the filing of regular monthly, quarterly or annual
tax returns and all of the provisions of Section  2a  of  the
"Retailers'  Occupation  Tax Act" concerning the requirements
for registrants to post  bond  or  other  security  with  the
Department,  as  the provisions of such sections now exist or
may hereafter be amended, shall apply to such  users  to  the
same extent as if such provisions were included herein.
(Source: P.A. 91-541, eff. 8-13-99.)

    (35 ILCS 105/22) (from Ch. 120, par. 439.22)
    Sec.  22.  If it is determined that the Department should
issue a credit or refund under this Act, the  Department  may
first  apply  the amount thereof against any amount of tax or
penalty or interest due hereunder, or under  the  "Retailers'
Occupation  Tax  Act",  the "Service Occupation Tax Act", the
"Service Use Tax  Act",  any  local  occupation  or  use  tax
administered  by  the  Department  the  "Municipal Retailers'
Occupation  Tax  Act",  the  "Municipal  Use  Tax  Act",  the
"Municipal  Service  Occupation   Tax   Act",   the   "County
Retailers'  Occupation  Tax  Act",  the "County Supplementary
Retailers'  Occupation  Tax   Act",   the   "County   Service
Occupation   Tax  Act",  the  "County  Supplementary  Service
Occupation Tax Act", the "County Use Tax  Act",  the  "County
Supplementary   Use   Tax  Act",  Section  4  of  the  "Water
Commission Act of 1985", subsections  (b),  (c)  and  (d)  of
Section  5.01  of  the  "Local Mass Transit District Act", or
subsections (e), (f) and (g) of Section 4.03 of the "Regional
Transportation Authority Act", from the  person  entitled  to
such  credit  or refund. For this purpose, if proceedings are
pending to determine whether or not any  tax  or  penalty  or
interest  is  due  under  this  Act  or under the "Retailers'
Occupation Tax Act", the "Service Occupation  Tax  Act",  the
"Service  Use  Tax  Act",  any  local  occupation  or use tax
administered by  the  Department  the  "Municipal  Retailers'
Occupation  Tax  Act",  the  "Municipal  Use  Tax  Act",  the
"Municipal   Service   Occupation   Tax   Act",  the  "County
Retailers' Occupation Tax  Act",  the  "County  Supplementary
Retailers'   Occupation   Tax   Act",   the  "County  Service
Occupation  Tax  Act",  the  "County  Supplementary   Service
Occupation  Tax  Act",  the "County Use Tax Act", the "County
Supplementary  Use  Tax  Act",  Section  4  of   the   "Water
Commission  Act  of  1985",  subsections  (b), (c) and (d) of
Section 5.01 of the "Local Mass  Transit  District  Act",  or
subsections (e), (f) and (g) of Section 4.03 of the "Regional
Transportation   Authority   Act",   from  such  person,  the
Department may withhold issuance  of  the  credit  or  refund
pending  the  final  disposition  of such proceedings and may
apply such credit or refund against any amount  found  to  be
due  to  the  Department as a result of such proceedings. The
balance, if any, of the credit or refund shall be  issued  to
the person entitled thereto.
    Any credit memorandum issued hereunder may be used by the
authorized  holder  thereof  to  pay  any  tax  or penalty or
interest due or to become due under this  Act  or  under  the
"Retailers'  Occupation Tax Act", the "Service Occupation Tax
Act", the "Service Use Tax Act", any local occupation or  use
tax  administered by the Department the "Municipal Retailers'
Occupation  Tax  Act",  the  "Municipal  Use  Tax  Act",  the
"Municipal  Service  Occupation   Tax   Act",   the   "County
Retailers'  Occupation  Tax  Act",  the "County Supplementary
Retailers'  Occupation  Tax   Act",   the   "County   Service
Occupation   Tax  Act",  the  "County  Supplementary  Service
Occupation Tax Act", the "County Use Tax  Act",  the  "County
Supplementary   Use   Tax  Act",  Section  4  of  the  "Water
Commission Act of 1985", subsections  (b),  (c)  and  (d)  of
Section  5.01  of  the  "Local Mass Transit District Act", or
subsections (e), (f) and (g) of Section 4.03 of the "Regional
Transportation Authority Act", from such holder.  Subject  to
reasonable  rules  of  the  Department,  a  credit memorandum
issued hereunder may be assigned by the holder thereof to any
other person for use in paying tax  or  penalty  or  interest
which  may  be  due or become due under this Act or under the
"Retailers' Occupation Tax Act", the "Service Occupation  Tax
Act" or the "Service Use Tax Act", from the assignee.
    In  any  case in which there has been an erroneous refund
of tax payable under this Act, a notice of tax liability  may
be  issued at any time within 3 years from the making of that
refund, or within 5 years from the making of that  refund  if
it  appears  that any part of the refund was induced by fraud
or the misrepresentation of a material fact.  The  amount  of
any  proposed  assessment  set  forth  in the notice shall be
limited to the amount of the erroneous refund.
(Source: P.A. 87-876.)

    Section 15.  The  Service  Use  Tax  Act  is  amended  by
changing Section 20 as follows:

    (35 ILCS 110/20) (from Ch. 120, par. 439.50)
    Sec.  20.  If it is determined that the Department should
issue a credit or refund hereunder, the Department may  first
apply the amount thereof against any amount of tax or penalty
or  interest  due  hereunder, or under the Service Occupation
Tax Act, the Retailers' Occupation Tax Act, the Use Tax  Act,
any   local   occupation  or  use  tax  administered  by  the
Department the Municipal Retailers' Occupation Tax  Act,  the
Municipal  Use  Tax Act, the Municipal Service Occupation Tax
Act, the County Retailers' Occupation  Tax  Act,  the  County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service  Occupation Tax Act, the County Supplementary Service
Occupation Tax Act,  the  County  Use  Tax  Act,  the  County
Supplementary  Use Tax Act, Section 4 of the Water Commission
Act of 1985, subsections (b), (c) and (d) of Section 5.01  of
the  Local Mass Transit District Act, or subsections (e), (f)
and (g)  of  Section  4.03  of  the  Regional  Transportation
Authority  Act,  from  the  person entitled to such credit or
refund. For this  purpose,  if  proceedings  are  pending  to
determine  whether  or  not any tax or penalty or interest is
due hereunder, or under the Service Occupation Tax  Act,  the
Retailers'  Occupation  Tax  Act,  the Use Tax Act, any local
occupation or use tax  administered  by  the  Department  the
Municipal  Retailers'  Occupation  Tax Act, the Municipal Use
Tax Act, the Municipal Service Occupation Tax Act, the County
Retailers'  Occupation  Tax  Act,  the  County  Supplementary
Retailers' Occupation Tax Act, the County Service  Occupation
Tax Act, the County Supplementary Service Occupation Tax Act,
the County Use Tax Act, the County Supplementary Use Tax Act,
Section  4  of  the Water Commission Act of 1985, subsections
(b), (c) and (d) of Section 5.01 of the  Local  Mass  Transit
District Act, or subsections (e), (f) and (g) of Section 4.03
of  the  Regional  Transportation  Authority  Act,  from such
person, the Department may withhold issuance of the credit or
refund pending the final disposition of such proceedings  and
may  apply  such credit or refund against any amount found to
be due to the Department as a result of such proceedings. The
balance, if any, of the credit or refund shall be  issued  to
the person entitled thereto.
    Any credit memorandum issued hereunder may be used by the
authorized  holder  thereof  to  pay  any  tax  or penalty or
interest due or to become due under  this  Act,  the  Service
Occupation  Tax  Act,  the Retailers' Occupation Tax Act, the
Use Tax Act, any local occupation or use tax administered  by
the  Department  the Municipal Retailers' Occupation Tax Act,
the Municipal Use Tax Act, the Municipal  Service  Occupation
Tax Act, the County Retailers' Occupation Tax Act, the County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service  Occupation Tax Act, the County Supplementary Service
Occupation Tax Act,  the  County  Use  Tax  Act,  the  County
Supplementary  Use Tax Act, Section 4 of the Water Commission
Act of 1985, subsections (b), (c) and (d) of Section 5.01  of
the  Local Mass Transit District Act, or subsections (e), (f)
and (g)  of  Section  4.03  of  the  Regional  Transportation
Authority  Act, from such holder. Subject to reasonable rules
of the Department, a credit memorandum issued  hereunder  may
be assigned by the holder thereof to any other person for use
in  paying  tax  or  penalty  or interest which may be due or
become due under this Act, the Service  Occupation  Tax  Act,
the Retailers' Occupation Tax Act, the Use Tax Act, any local
occupation  or  use  tax  administered  by the Department the
Municipal Retailers' Occupation Tax Act,  the  Municipal  Use
Tax Act, the Municipal Service Occupation Tax Act, the County
Retailers'  Occupation  Tax  Act,  the  County  Supplementary
Retailers'  Occupation Tax Act, the County Service Occupation
Tax Act, the County Supplementary Service Occupation Tax Act,
the County Use Tax Act, the County Supplementary Use Tax Act,
Section 4 of the Water Commission Act  of  1985,  subsections
(b),  (c)  and  (d) of Section 5.01 of the Local Mass Transit
District Act, or subsections (e), (f) and (g) of Section 4.03
of  the  Regional  Transportation  Authority  Act,  from  the
assignee.
    In any case which there has been an erroneous  refund  of
tax  payable under this Act, a notice of tax liability may be
issued at any time within 3 years from  the  making  of  that
refund,  or  within 5 years from the making of that refund if
it appears that any part of the refund was induced  by  fraud
or  the  misrepresentation  of a material fact. The amount of
any proposed assessment set forth  in  the  notice  shall  be
limited to the amount of the erroneous refund.
(Source: P.A. 87-876.)

    Section 20.  The Service Occupation Tax Act is amended by
changing Section 20 as follows:

    (35 ILCS 115/20) (from Ch. 120, par. 439.120)
    Sec.  20.  If it is determined that the Department should
issue a credit or refund hereunder, the Department may  first
apply the amount thereof against any amount of tax or penalty
or  interest due hereunder, or under the Service Use Tax Act,
the Retailers' Occupation Tax Act, the Use Tax Act, any local
occupation or use tax  administered  by  the  Department  the
Municipal  Retailers'  Occupation  Tax Act, the Municipal Use
Tax Act, the Municipal Service Occupation Tax Act, the County
Retailers'  Occupation  Tax  Act,  the  County  Supplementary
Retailers' Occupation Tax Act, the County Service  Occupation
Tax Act, the County Supplementary Service Occupation Tax Act,
the County Use Tax Act, the County Supplementary Use Tax Act,
Section  4  of  the Water Commission Act of 1985, subsections
(b), (c) and (d) of Section 5.01 of the  Local  Mass  Transit
District Act, or subsections (e), (f) and (g) of Section 4.03
of the Regional Transportation Authority Act, from the person
entitled  to  such  credit  or  refund.  For this purpose, if
proceedings are pending to determine whether or not  any  tax
or penalty or interest is due hereunder, or under the Service
Use  Tax  Act, the Retailers' Occupation Tax Act, the Use Tax
Act, any local occupation or  use  tax  administered  by  the
Department  the  Municipal Retailers' Occupation Tax Act, the
Municipal Use Tax Act, the Municipal Service  Occupation  Tax
Act,  the  County  Retailers'  Occupation Tax Act, the County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service Occupation Tax Act, the County Supplementary  Service
Occupation  Tax  Act,  the  County  Use  Tax  Act, the County
Supplementary Use Tax Act, Section 4 of the Water  Commission
Act  of 1985, subsections (b), (c) and (d) of Section 5.01 of
the Local Mass Transit District Act, or subsections (e),  (f)
and  (g)  of  Section  4.03  of  the  Regional Transportation
Authority Act, from such person, the Department may  withhold
issuance   of   the   credit  or  refund  pending  the  final
disposition of such proceedings and may apply such credit  or
refund  against  any amount found to be due to the Department
as a result of such proceedings. The balance, if any, of  the
credit  or  refund  shall  be  issued  to the person entitled
thereto.
    Any credit memorandum issued hereunder may be used by the
authorized holder thereof  to  pay  any  tax  or  penalty  or
interest  due  or  to become due under this Act, or under the
Service Use Tax Act, the Retailers' Occupation Tax  Act,  the
Use  Tax Act, any local occupation or use tax administered by
the Department the Municipal Retailers' Occupation  Tax  Act,
the  Municipal  Use Tax Act, the Municipal Service Occupation
Tax Act, the County Retailers' Occupation Tax Act, the County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service Occupation Tax Act, the County Supplementary  Service
Occupation  Tax  Act,  the  County  Use  Tax  Act, the County
Supplementary Use Tax Act, Section 4 of the Water  Commission
Act  of 1985, subsections (b), (c) and (d) of Section 5.01 of
the Local Mass Transit District Act, or subsections (e),  (f)
and  (g)  of  Section  4.03  of  the  Regional Transportation
Authority Act, from such holder. Subject to reasonable  rules
of  the  Department, a credit memorandum issued hereunder may
be assigned by the holder thereof to any other person for use
in paying tax or penalty or interest  which  may  be  due  or
become  due  under  this  Act,  the  Service Use Tax Act, the
Retailers' Occupation Tax Act, the Use  Tax  Act,  any  local
occupation  or  use  tax  administered  by the Department the
Municipal Retailers' Occupation Tax Act,  the  Municipal  Use
Tax Act, the Municipal Service Occupation Tax Act, the County
Retailers'  Occupation  Tax  Act,  the  County  Supplementary
Retailers'  Occupation Tax Act, the County Service Occupation
Tax Act, the County Supplementary Service Occupation Tax Act,
the County Use Tax Act, the County Supplementary Use Tax Act,
Section 4 of the Water Commission Act  of  1985,  subsections
(b),  (c)  and  (d) of Section 5.01 of the Local Mass Transit
District Act, or subsections (e), (f) and (g) of Section 4.03
of  the  Regional  Transportation  Authority  Act,  from  the
assignee.
    In any case in which there has been an  erroneous  refund
of  tax payable under this Act, a notice of tax liability may
be issued at any time within 3 years from the making of  that
refund,  or  within 5 years from the making of that refund if
it appears that any part of the refund was induced  by  fraud
or  the  misrepresentation of a material fact.  The amount of
any proposed assessment set forth  in  the  notice  shall  be
limited to the amount of the erroneous refund.
(Source: P.A. 87-876.)

    Section 25.  The Retailers' Occupation Tax Act is amended
by changing Sections 3 and 6 as follows:

    (35 ILCS 120/3) (from Ch. 120, par. 442)
    Sec. 3.  Except as provided in this Section, on or before
the  twentieth  day  of  each  calendar  month,  every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding  calendar  month
shall file a return with the Department, stating:
         1.  The name of the seller;
         2.  His  residence  address  and  the address of his
    principal place  of  business  and  the  address  of  the
    principal  place  of  business  (if  that  is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
         3.  Total amount of receipts received by him  during
    the  preceding calendar month or quarter, as the case may
    be, from sales of tangible personal  property,  and  from
    services furnished, by him during such preceding calendar
    month or quarter;
         4.  Total   amount   received   by  him  during  the
    preceding calendar month or quarter on  charge  and  time
    sales  of  tangible  personal property, and from services
    furnished, by him prior to the month or quarter for which
    the return is filed;
         5.  Deductions allowed by law;
         6.  Gross receipts which were received by him during
    the preceding calendar month  or  quarter  and  upon  the
    basis of which the tax is imposed;
         7.  The  amount  of credit provided in Section 2d of
    this Act;
         8.  The amount of tax due;
         9.  The signature of the taxpayer; and
         10.  Such  other  reasonable  information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Each return shall be  accompanied  by  the  statement  of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    A  retailer  may  accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax  as
provided  in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act.  A  Manufacturer's  Purchase  Credit
certification,  accepted by a retailer as provided in Section
3-85 of the Use Tax Act, may be  used  by  that  retailer  to
satisfy  Retailers'  Occupation  Tax  liability in the amount
claimed in the certification, not  to  exceed  6.25%  of  the
receipts subject to tax from a qualifying purchase.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him during the preceding calendar  month  from  sales  of
    tangible  personal  property by him during such preceding
    calendar month, including receipts from charge  and  time
    sales, but less all deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If  a total amount of less than $1 is payable, refundable
or creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50  cents
or more.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.   Beginning  October
1,  2000,  a  taxpayer  who  has  an  annual tax liability of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual tax liability" shall be the  sum  of  the  taxpayer's
liabilities  under  this  Act,  and under all other State and
local  occupation  and  use  tax  laws  administered  by  the
Department, for the immediately preceding calendar year.  The
term  "average monthly tax liability" shall be the sum of the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or  reported  on
any  return  or  other document under this Act shall, if such
amount is not a whole-dollar  amount,  be  increased  to  the
nearest  whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and  decreased  to  the
nearest  whole-dollar  amount  where the fractional part of a
dollar is less than 50 cents.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability  with  the  Department  does  not  exceed  $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    Where  the  same  person  has  more  than  one   business
registered  with  the Department under separate registrations
under this Act, such person may not file each return that  is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    In  addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this State, every retailer selling this
kind of tangible  personal  property  shall  file,  with  the
Department,  upon a form to be prescribed and supplied by the
Department, a separate return for each such item of  tangible
personal  property  which  the retailer sells, except that if
where, in the same transaction, (i) a retailer  of  aircraft,
watercraft,  motor  vehicles  or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
retailer for the purpose of resale  or  (ii)  a  retailer  of
aircraft,  watercraft,  motor vehicles, or trailers transfers
more than one aircraft, watercraft, motor vehicle, or trailer
to a purchaser for use  as  a  qualifying  rolling  stock  as
provided  in  Section  2-5  of this Act, then that seller for
resale may report the transfer of all  aircraft,  watercraft,
motor  vehicles  or  trailers involved in that transaction to
the  Department  on  the  same  uniform   invoice-transaction
reporting   return  form.   For  purposes  of  this  Section,
"watercraft" means a Class 2, Class 3, or Class 4  watercraft
as defined in Section 3-2 of the Boat Registration and Safety
Act,  a  personal  watercraft,  or  any boat equipped with an
inboard motor.
    Any retailer who sells only motor  vehicles,  watercraft,
aircraft, or trailers that are required to be registered with
an  agency  of  this State, so that all retailers' occupation
tax liability is required to be reported, and is reported, on
such transaction reporting returns and who is  not  otherwise
required  to file monthly or quarterly returns, need not file
monthly or quarterly returns.  However, those retailers shall
be required to file returns on an annual basis.
    The transaction reporting return, in the  case  of  motor
vehicles  or trailers that are required to be registered with
an agency of this State, shall be the same  document  as  the
Uniform  Invoice referred to in Section 5-402 of The Illinois
Vehicle Code and must  show  the  name  and  address  of  the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale; a sufficient identification of
the property sold; such other information as is  required  in
Section  5-402  of  The Illinois Vehicle Code, and such other
information as the Department may reasonably require.
    The  transaction  reporting  return  in   the   case   of
watercraft  or aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale, a  sufficient  identification  of
the   property  sold,  and  such  other  information  as  the
Department may reasonably require.
    Such transaction reporting  return  shall  be  filed  not
later than 20 days after the day of delivery of the item that
is  being  sold, but may be filed by the retailer at any time
sooner than that if he chooses to  do  so.   The  transaction
reporting  return  and  tax  remittance or proof of exemption
from  the  Illinois  use  tax  may  be  transmitted  to   the
Department  by  way  of the State agency with which, or State
officer with whom the  tangible  personal  property  must  be
titled or registered (if titling or registration is required)
if  the Department and such agency or State officer determine
that  this  procedure  will  expedite   the   processing   of
applications for title or registration.
    With each such transaction reporting return, the retailer
shall  remit  the  proper  amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or  its  agents,  whereupon  the
Department  shall  issue,  in the purchaser's name, a use tax
receipt (or a certificate of exemption if the  Department  is
satisfied  that the particular sale is tax exempt) which such
purchaser may submit to  the  agency  with  which,  or  State
officer  with  whom,  he  must title or register the tangible
personal  property  that   is   involved   (if   titling   or
registration  is  required)  in  support  of such purchaser's
application for an Illinois certificate or other evidence  of
title or registration to such tangible personal property.
    No  retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid  the  proper  tax  to  the
retailer,  from  obtaining  his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department  that  such  user
has paid the proper tax (if tax is due) to the retailer.  The
Department  shall  adopt  appropriate  rules to carry out the
mandate of this paragraph.
    If the user who would otherwise pay tax to  the  retailer
wants  the transaction reporting return filed and the payment
of the tax or proof  of  exemption  made  to  the  Department
before the retailer is willing to take these actions and such
user  has  not  paid  the  tax to the retailer, such user may
certify to the fact of such delay by  the  retailer  and  may
(upon  the  Department  being  satisfied of the truth of such
certification)  transmit  the  information  required  by  the
transaction reporting return and the remittance  for  tax  or
proof  of exemption directly to the Department and obtain his
tax receipt or exemption determination, in  which  event  the
transaction  reporting  return  and  tax remittance (if a tax
payment was required) shall be credited by the Department  to
the  proper  retailer's  account  with  the  Department,  but
without  the  2.1%  or  1.75%  discount  provided for in this
Section being allowed.  When the user pays the  tax  directly
to  the  Department,  he shall pay the tax in the same amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Refunds made by the seller during  the  preceding  return
period   to  purchasers,  on  account  of  tangible  personal
property returned to  the  seller,  shall  be  allowed  as  a
deduction  under  subdivision  5  of his monthly or quarterly
return,  as  the  case  may  be,  in  case  the  seller   had
theretofore  included  the  receipts  from  the  sale of such
tangible personal property in a return filed by him  and  had
paid  the  tax  imposed  by  this  Act  with  respect to such
receipts.
    Where the seller is a corporation, the  return  filed  on
behalf  of such corporation shall be signed by the president,
vice-president, secretary or treasurer  or  by  the  properly
accredited agent of such corporation.
    Where  the  seller  is  a  limited liability company, the
return filed on behalf of the limited liability company shall
be signed by a manager, member, or properly accredited  agent
of the limited liability company.
    Except  as  provided in this Section, the retailer filing
the return under this Section shall, at the  time  of  filing
such  return, pay to the Department the amount of tax imposed
by this Act less a discount of 2.1% prior to January 1,  1990
and  1.75%  on  and after January 1, 1990, or $5 per calendar
year, whichever is greater, which is allowed to reimburse the
retailer  for  the  expenses  incurred  in  keeping  records,
preparing and filing returns, remitting the tax and supplying
data to the  Department  on  request.   Any  prepayment  made
pursuant  to  Section 2d of this Act shall be included in the
amount on which such 2.1% or 1.75% discount is computed.   In
the  case  of  retailers  who  report  and  pay  the tax on a
transaction  by  transaction  basis,  as  provided  in   this
Section,  such  discount  shall  be  taken with each such tax
remittance instead of when such retailer files  his  periodic
return.
    Before October 1, 2000, if the taxpayer's average monthly
tax  liability  to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use  Tax
Act,  excluding  any  liability  for  prepaid sales tax to be
remitted in accordance with  Section  2d  of  this  Act,  was
$10,000  or  more  during  the  preceding 4 complete calendar
quarters, he shall file a return  with  the  Department  each
month  by  the 20th day of the month next following the month
during which such tax liability is incurred  and  shall  make
payments  to  the Department on or before the 7th, 15th, 22nd
and last day of the month  during  which  such  liability  is
incurred.  On  and  after  October 1, 2000, if the taxpayer's
average monthly tax liability to the  Department  under  this
Act, the Use Tax Act, the Service Occupation Tax Act, and the
Service  Use  Tax  Act,  excluding  any liability for prepaid
sales tax to be remitted in accordance  with  Section  2d  of
this Act, was $20,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each  month  by  the 20th day of the month next following the
month during which such tax liability is incurred  and  shall
make  payment  to  the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred.  If the month during which such  tax  liability  is
incurred  began  prior to January 1, 1985, each payment shall
be in an  amount  equal  to  1/4  of  the  taxpayer's  actual
liability  for  the  month or an amount set by the Department
not to exceed 1/4 of the average  monthly  liability  of  the
taxpayer  to  the  Department  for  the  preceding 4 complete
calendar quarters (excluding the month of  highest  liability
and  the month of lowest liability in such 4 quarter period).
If the month during which  such  tax  liability  is  incurred
begins  on  or  after January 1, 1985 and prior to January 1,
1987, each payment shall be in an amount equal  to  22.5%  of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's  liability  for  the  same  calendar  month of the
preceding year.  If the month during which such tax liability
is incurred begins on or after January 1, 1987 and  prior  to
January  1, 1988, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability  for  the  month  or
26.25%  of  the  taxpayer's  liability  for the same calendar
month of the preceding year.  If the month during which  such
tax liability is incurred begins on or after January 1, 1988,
and  prior  to January 1, 1989, or begins on or after January
1, 1996, each payment shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 25%  of  the
taxpayer's  liability  for  the  same  calendar  month of the
preceding year. If the month during which such tax  liability
is  incurred begins on or after January 1, 1989, and prior to
January 1, 1996, each payment shall be in an amount equal  to
22.5% of the taxpayer's actual liability for the month or 25%
of  the  taxpayer's  liability for the same calendar month of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period.  The amount of such
quarter monthly payments shall be credited against the  final
tax  liability  of  the  taxpayer's  return  for  that month.
Before October 1, 2000, once applicable, the  requirement  of
the  making  of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of  $10,000
or  more  as  determined  in  the manner provided above shall
continue until such taxpayer's average monthly  liability  to
the  Department  during  the  preceding  4  complete calendar
quarters (excluding the month of highest  liability  and  the
month of lowest liability) is less than $9,000, or until such
taxpayer's  average  monthly  liability  to the Department as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However, if  a  taxpayer  can  show  the  Department  that  a
substantial  change  in  the taxpayer's business has occurred
which causes the taxpayer  to  anticipate  that  his  average
monthly  tax  liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for  a  change  in  such
taxpayer's  reporting  status.  On and after October 1, 2000,
once applicable, the requirement of  the  making  of  quarter
monthly  payments  to  the  Department by taxpayers having an
average  monthly  tax  liability  of  $20,000  or   more   as
determined  in the manner provided above shall continue until
such taxpayer's average monthly liability to  the  Department
during  the preceding 4 complete calendar quarters (excluding
the month of  highest  liability  and  the  month  of  lowest
liability)  is  less  than  $19,000  or until such taxpayer's
average monthly liability to the Department as  computed  for
each  calendar  quarter  of the 4 preceding complete calendar
quarter period is less than $20,000.  However, if a  taxpayer
can  show  the  Department  that  a substantial change in the
taxpayer's business has occurred which causes the taxpayer to
anticipate that his average monthly  tax  liability  for  the
reasonably  foreseeable  future  will  fall below the $20,000
threshold stated above, then such taxpayer may  petition  the
Department  for a change in such taxpayer's reporting status.
The Department shall change such taxpayer's reporting  status
unless  it  finds  that such change is seasonal in nature and
not likely to be long term.   If  any  such  quarter  monthly
payment  is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as a payment and the amount of such quarter  monthly  payment
actually  and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department  in
excess  of the minimum payments previously due as provided in
this Section. The Department shall make reasonable rules  and
regulations  to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    Without regard to whether a taxpayer is required to  make
quarter monthly payments as specified above, any taxpayer who
is  required  by  Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes  which  average
in  excess  of  $25,000  per  month  during  the  preceding 2
complete calendar quarters, shall  file  a  return  with  the
Department  as required by Section 2f and shall make payments
to the Department on or before the 7th, 15th, 22nd  and  last
day of the month during which such liability is incurred.  If
the  month  during which such tax liability is incurred began
prior to the effective date of this amendatory Act  of  1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's  actual  liability under Section 2d.  If the month
during which such tax liability  is  incurred  begins  on  or
after  January  1,  1986,  each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  27.5%  of  the  taxpayer's  liability for the same
calendar month of the preceding calendar year.  If the  month
during  which  such  tax  liability  is incurred begins on or
after January 1, 1987, each payment shall  be  in  an  amount
equal  to  22.5%  of  the taxpayer's actual liability for the
month or 26.25% of the  taxpayer's  liability  for  the  same
calendar  month  of  the  preceding year.  The amount of such
quarter monthly payments shall be credited against the  final
tax  liability  of the taxpayer's return for that month filed
under this Section or Section 2f, as the case may  be.   Once
applicable,  the requirement of the making of quarter monthly
payments to the Department pursuant to this  paragraph  shall
continue  until  such  taxpayer's average monthly prepaid tax
collections during the preceding 2 complete calendar quarters
is $25,000 or less.  If any such quarter monthly  payment  is
not  paid at the time or in the amount required, the taxpayer
shall  be  liable  for  penalties  and   interest   on   such
difference,  except  insofar  as  the taxpayer has previously
made payments  for  that  month  in  excess  of  the  minimum
payments previously due.
    If  any  payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax  Act,  the
Service  Occupation  Tax  Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to  the  taxpayer  a  credit
memorandum  no  later than 30 days after the date of payment.
The  credit  evidenced  by  such  credit  memorandum  may  be
assigned by the taxpayer to a  similar  taxpayer  under  this
Act,  the  Use Tax Act, the Service Occupation Tax Act or the
Service Use Tax Act, in accordance with reasonable rules  and
regulations  to  be prescribed by the Department.  If no such
request is made, the taxpayer may credit such excess  payment
against  tax  liability  subsequently  to  be remitted to the
Department under this Act,  the  Use  Tax  Act,  the  Service
Occupation  Tax Act or the Service Use Tax Act, in accordance
with reasonable  rules  and  regulations  prescribed  by  the
Department.   If  the Department subsequently determined that
all or any part of the credit taken was not actually  due  to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall  be  reduced by 2.1% or 1.75% of the difference between
the credit taken and that actually  due,  and  that  taxpayer
shall   be   liable   for  penalties  and  interest  on  such
difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act  for  the  month  which  the
taxpayer  is  filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay into the Local Government Tax Fund, a special fund
in the State  treasury  which  is  hereby  created,  the  net
revenue  realized  for the preceding month from the 1% tax on
sales of food for human consumption which is to  be  consumed
off  the  premises  where  it  is  sold (other than alcoholic
beverages, soft drinks and food which has been  prepared  for
immediate  consumption)  and prescription and nonprescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes and needles used by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the County and Mass Transit District Fund, a
special fund in the State treasury which is  hereby  created,
4%  of  the net revenue realized for the preceding month from
the 6.25% general rate.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall  be  paid  into
the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8%  thereof  shall  be  paid
into  the  Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the  Department
and required to be paid into the Build Illinois Fund pursuant
to  this  Act, Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, and Section 9 of the Service  Occupation
Tax  Act,  such  Acts being hereinafter called the "Tax Acts"
and such aggregate of 2.2% or 3.8%, as the case  may  be,  of
moneys being hereinafter called the "Tax Act Amount", and (2)
the  amount  transferred  to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall be less than  the
Annual  Specified  Amount (as hereinafter defined), an amount
equal to the difference shall be immediately  paid  into  the
Build  Illinois  Fund  from  other  moneys  received  by  the
Department  pursuant  to  the Tax Acts; the "Annual Specified
Amount" means the amounts specified below  for  fiscal  years
1986 through 1993:
         Fiscal Year              Annual Specified Amount
             1986                       $54,800,000
             1987                       $76,650,000
             1988                       $80,480,000
             1989                       $88,510,000
             1990                       $115,330,000
             1991                       $145,470,000
             1992                       $182,730,000
             1993                      $206,520,000;
and  means  the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or  the
Tax  Act  Amount,  whichever is greater, for fiscal year 1994
and each fiscal year thereafter; and further  provided,  that
if  on  the last business day of any month the sum of (1) the
Tax Act Amount  required  to  be  deposited  into  the  Build
Illinois  Bond Account in the Build Illinois Fund during such
month and (2) the amount transferred to  the  Build  Illinois
Fund  from  the  State  and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified  Amount,  an
amount equal to the difference shall be immediately paid into
the  Build  Illinois  Fund  from other moneys received by the
Department pursuant to the Tax Acts; and,  further  provided,
that  in  no  event  shall  the  payments  required under the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in excess of the greater of (i) the Tax Act  Amount  or  (ii)
the  Annual  Specified  Amount  for  such  fiscal  year.  The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust  indenture  securing  Bonds  issued   and   outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into  account any future investment income, to fully provide,
in accordance with such indenture, for the defeasance  of  or
the  payment  of  the  principal  of,  premium,  if  any, and
interest on the Bonds secured by such indenture  and  on  any
Bonds expected to be issued thereafter and all fees and costs
payable  with  respect  thereto,  all  as  certified  by  the
Director  of  the  Bureau  of  the  Budget.   If  on the last
business day of any month  in  which  Bonds  are  outstanding
pursuant  to  the  Build  Illinois Bond Act, the aggregate of
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the first sentence of this paragraph and shall reduce  the
amount  otherwise  payable  for  such fiscal year pursuant to
that clause (b).   The  moneys  received  by  the  Department
pursuant  to  this  Act and required to be deposited into the
Build Illinois Fund are subject  to  the  pledge,  claim  and
charge  set  forth  in  Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of  sums  designated  as
"Total  Deposit",  shall  be  deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
             2007                       108,000,000
             2008                       115,000,000
             2009                       120,000,000
             2010                       126,000,000
             2011                       132,000,000
             2012                       138,000,000
             2013 and                   145,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in  any amendment thereto
hereafter enacted, each month the Department shall  pay  into
the  Local  Government  Distributive  Fund  0.4%  of  the net
revenue realized for the preceding month from the 5%  general
rate  or  0.4%  of  80%  of  the net revenue realized for the
preceding month from the 6.25% general rate, as the case  may
be,  on the selling price of tangible personal property which
amount shall, subject to  appropriation,  be  distributed  as
provided  in  Section 2 of the State Revenue Sharing Act.  No
payments or distributions pursuant to this paragraph shall be
made if the  tax  imposed  by  this  Act  on  photoprocessing
products  is  declared  unconstitutional,  or if the proceeds
from such tax are unavailable  for  distribution  because  of
litigation.
    Subject  to  payment  of  amounts into the Build Illinois
Fund, the McCormick Place Expansion Project to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof  shall  be  paid  into  the
State Treasury and 25% shall be reserved in a special account
and  used  only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The Department may, upon separate  written  notice  to  a
taxpayer,  require  the taxpayer to prepare and file with the
Department on a form prescribed by the Department within  not
less  than  60  days  after  receipt  of the notice an annual
information return for the tax year specified in the  notice.
Such   annual  return  to  the  Department  shall  include  a
statement of gross receipts as shown by the  retailer's  last
Federal  income  tax  return.   If  the total receipts of the
business as reported in the Federal income tax return do  not
agree  with  the gross receipts reported to the Department of
Revenue for the same period, the retailer shall attach to his
annual return a schedule showing a reconciliation  of  the  2
amounts  and  the reasons for the difference.  The retailer's
annual return to the Department shall also disclose the  cost
of goods sold by the retailer during the year covered by such
return,  opening  and  closing  inventories of such goods for
such year, costs of goods used from stock or taken from stock
and given away by the  retailer  during  such  year,  payroll
information  of  the retailer's business during such year and
any additional reasonable information  which  the  Department
deems  would  be  helpful  in determining the accuracy of the
monthly, quarterly or annual returns filed by  such  retailer
as provided for in this Section.
    If the annual information return required by this Section
is  not  filed  when  and  as required, the taxpayer shall be
liable as follows:
         (i)  Until January 1, 1994, the  taxpayer  shall  be
    liable  for  a  penalty equal to 1/6 of 1% of the tax due
    from such taxpayer under this Act during the period to be
    covered by the annual return for each month  or  fraction
    of  a  month  until such return is filed as required, the
    penalty to be assessed and collected in the  same  manner
    as any other penalty provided for in this Act.
         (ii)  On  and  after  January  1, 1994, the taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to  certify  the
accuracy  of  the information contained therein.   Any person
who willfully signs the annual  return  containing  false  or
inaccurate   information  shall  be  guilty  of  perjury  and
punished accordingly.  The annual return form  prescribed  by
the  Department  shall  include  a  warning  that  the person
signing the return may be liable for perjury.
    The provisions of this Section concerning the  filing  of
an  annual  information return do not apply to a retailer who
is not required to file an income tax return with the  United
States Government.
    As  soon  as  possible after the first day of each month,
upon  certification  of  the  Department  of   Revenue,   the
Comptroller  shall  order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel  Tax
Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
realized under this  Act  for  the  second  preceding  month.
Beginning  April 1, 2000, this transfer is no longer required
and shall not be made.
    Net revenue realized for a month  shall  be  the  revenue
collected  by the State pursuant to this Act, less the amount
paid out during  that  month  as  refunds  to  taxpayers  for
overpayment of liability.
    For  greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold  at  retail
in Illinois by numerous retailers, and who wish to do so, may
assume  the  responsibility  for accounting and paying to the
Department all tax accruing under this Act  with  respect  to
such  sales,  if  the  retailers who are affected do not make
written objection to the Department to this arrangement.
    Any  person  who  promotes,  organizes,  provides  retail
selling space for concessionaires or other types  of  sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local  fairs, art shows, flea markets and similar exhibitions
or events, including any transient  merchant  as  defined  by
Section  2 of the Transient Merchant Act of 1987, is required
to file a report with the Department providing  the  name  of
the  merchant's  business,  the name of the person or persons
engaged in merchant's business,  the  permanent  address  and
Illinois  Retailers Occupation Tax Registration Number of the
merchant, the dates and  location  of  the  event  and  other
reasonable  information that the Department may require.  The
report must be filed not later than the 20th day of the month
next following the month during which the event  with  retail
sales  was  held.   Any  person  who  fails  to file a report
required by this Section commits a business  offense  and  is
subject to a fine not to exceed $250.
    Any  person  engaged  in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the  Illinois  State  Fair,  county  fairs,  art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant  Act of 1987, may be required to make a daily report
of the amount of such sales to the Department and to  make  a
daily  payment of the full amount of tax due.  The Department
shall impose this requirement when it finds that there  is  a
significant  risk  of loss of revenue to the State at such an
exhibition or event.   Such  a  finding  shall  be  based  on
evidence  that  a  substantial  number  of concessionaires or
other sellers who are  not  residents  of  Illinois  will  be
engaging   in  the  business  of  selling  tangible  personal
property at retail at  the  exhibition  or  event,  or  other
evidence  of  a  significant  risk  of loss of revenue to the
State.  The Department shall notify concessionaires and other
sellers affected by the imposition of this  requirement.   In
the   absence   of   notification   by  the  Department,  the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,   eff.
7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.)

    (35 ILCS 120/6) (from Ch. 120, par. 445)
    Sec. 6. Credit memorandum or refund. If it appears, after
claim  therefor  filed with the Department, that an amount of
tax or penalty or interest has been paid which  was  not  due
under this Act, whether as the result of a mistake of fact or
an  error  of  law,  except as hereinafter provided, then the
Department shall issue a credit memorandum or refund  to  the
person who made the erroneous payment or, if that person died
or  became  a  person  under  legal disability, to his or her
legal representative, as such. For purposes of this  Section,
the  tax  is deemed to be erroneously paid by a retailer when
the manufacturer of a motor  vehicle  sold  by  the  retailer
accepts  the  return  of  that  automobile and refunds to the
purchaser the selling price of that vehicle  as  provided  in
the New Vehicle Buyer Protection Act. When a motor vehicle is
returned  for  a  refund  of the purchase price under the New
Vehicle Buyer Protection Act, the Department  shall  issue  a
credit  memorandum  or a refund for the amount of tax paid by
the retailer under this Act attributable to the initial  sale
of that vehicle. Claims submitted by the retailer are subject
to  the same restrictions and procedures provided for in this
Act. If it is determined that the Department should  issue  a
credit  memorandum  or refund, the Department may first apply
the amount thereof against any tax or penalty or interest due
or to become due under this Act or under the Use Tax Act, the
Service Occupation Tax Act, the  Service  Use  Tax  Act,  any
local  occupation  or  use tax administered by the Department
the Municipal Retailers' Occupation Tax  Act,  the  Municipal
Use  Tax  Act,  the Municipal Service Occupation Tax Act, the
County   Retailers'   Occupation   Tax   Act,   the    County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service  Occupation Tax Act, the County Supplementary Service
Occupation Tax Act,  the  County  Use  Tax  Act,  the  County
Supplementary  Use Tax Act, Section 4 of the Water Commission
Act of 1985, subsections (b), (c) and (d) of Section 5.01  of
the  Local Mass Transit District Act, or subsections (e), (f)
and (g)  of  Section  4.03  of  the  Regional  Transportation
Authority  Act,  from  the  person  who  made  the  erroneous
payment.  If  no  tax  or  penalty  or interest is due and no
proceeding is pending to determine  whether  such  person  is
indebted  to  the  Department for tax or penalty or interest,
the credit memorandum  or  refund  shall  be  issued  to  the
claimant;  or (in the case of a credit memorandum) the credit
memorandum may be assigned and set over by the lawful  holder
thereof,  subject  to  reasonable rules of the Department, to
any other person who is subject to this Act, the Use Tax Act,
the Service Occupation Tax Act, the Service Use Tax Act,  any
local  occupation  or  use tax administered by the Department
the Municipal Retailers' Occupation Tax  Act,  the  Municipal
Use  Tax  Act,  the Municipal Service Occupation Tax Act, the
County   Retailers'   Occupation   Tax   Act,   the    County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service  Occupation Tax Act, the County Supplementary Service
Occupation Tax Act,  the  County  Use  Tax  Act,  the  County
Supplementary  Use Tax Act, Section 4 of the Water Commission
Act of 1985, subsections (b), (c) and (d) of Section 5.01  of
the  Local Mass Transit District Act, or subsections (e), (f)
and (g)  of  Section  4.03  of  the  Regional  Transportation
Authority   Act,  and  the  amount  thereof  applied  by  the
Department against any tax or penalty or interest due  or  to
become  due  under  this  Act  or  under the Use Tax Act, the
Service Occupation Tax Act, the  Service  Use  Tax  Act,  any
local  occupation  or  use tax administered by the Department
the Municipal Retailers' Occupation Tax  Act,  the  Municipal
Use  Tax  Act,  the Municipal Service Occupation Tax Act, the
County   Retailers'   Occupation   Tax   Act,   the    County
Supplementary  Retailers'  Occupation  Tax  Act,  the  County
Service  Occupation Tax Act, the County Supplementary Service
Occupation Tax Act,  the  County  Use  Tax  Act,  the  County
Supplementary  Use Tax Act, Section 4 of the Water Commission
Act of 1985, subsections (b), (c) and (d) of Section 5.01  of
the  Local Mass Transit District Act, or subsections (e), (f)
and (g)  of  Section  4.03  of  the  Regional  Transportation
Authority  Act, from such assignee.  However, as to any claim
for credit or refund filed with the Department on  and  after
each  January  1  and  July  1 no amount of tax or penalty or
interest  erroneously  paid  (either  in  total  or   partial
liquidation  of  a tax or penalty or amount of interest under
this Act) more than 3 years prior to such January 1 and  July
1,  respectively,  shall be credited or refunded, except that
if both the Department and the taxpayer  have  agreed  to  an
extension  of  time  to  issue  a  notice of tax liability as
provided in Section 4 of this Act, such claim may be filed at
any time prior to the expiration of the period agreed upon.
    No claim may be  allowed  for  any  amount  paid  to  the
Department,  whether  paid  voluntarily  or involuntarily, if
paid in total or partial liquidation of an  assessment  which
had  become  final  before  the claim for credit or refund to
recover the amount so paid is filed with the  Department,  or
if  paid  in  total  or  partial liquidation of a judgment or
order of court. No credit may be allowed or refund  made  for
any  amount  paid by or collected from any claimant unless it
appears (a) that the claimant bore the burden of such  amount
and has not been relieved thereof nor reimbursed therefor and
has  not  shifted  such burden directly or indirectly through
inclusion of  such  amount  in  the  price  of  the  tangible
personal  property  sold  by  him  or  her  or  in any manner
whatsoever; and that no understanding or  agreement,  written
or  oral,  exists  whereby  he  or  she  or  his or her legal
representative may be relieved of the burden of such  amount,
be  reimbursed  therefor  or may shift the burden thereof; or
(b) that he or she or his or  her  legal  representative  has
repaid  unconditionally  such amount to his or her vendee (1)
who bore the burden thereof and has not shifted  such  burden
directly or indirectly, in any manner whatsoever; (2) who, if
he or she has shifted such burden, has repaid unconditionally
such amount to his own vendee; and (3) who is not entitled to
receive any reimbursement therefor from any other source than
from  his or her vendor, nor to be relieved of such burden in
any manner whatsoever. No credit may  be  allowed  or  refund
made  for  any  amount paid by or collected from any claimant
unless it  appears  that  the  claimant  has  unconditionally
repaid,  to  the  purchaser,  any  amount  collected from the
purchaser and retained by the claimant with  respect  to  the
same transaction under the Use Tax Act.
    Any  credit  or refund that is allowed under this Section
shall bear interest at the rate and in the  manner  specified
in the Uniform Penalty and Interest Act.
    In  case  the  Department determines that the claimant is
entitled to a refund, such refund shall  be  made  only  from
such  appropriation  as may be available for that purpose. If
it appears unlikely that the amount appropriated would permit
everyone having a claim allowed during the period covered  by
such  appropriation  to  elect  to receive a cash refund, the
Department, by rule or  regulation,  shall  provide  for  the
payment  of  refunds  in hardship cases and shall define what
types of cases qualify as hardship cases.
    If a retailer who has failed to pay retailers' occupation
tax on gross receipts from retail sales is  required  by  the
Department to pay such tax, such retailer, without filing any
formal  claim  with  the Department, shall be allowed to take
credit against such retailers' occupation  tax  liability  to
the extent, if any, to which such retailer has paid an amount
equivalent  to  retailers' occupation tax or has paid use tax
in error to his or her vendor or vendors of the same tangible
personal property which such retailer bought for  resale  and
did  not  first  use  before  selling  it,  and no penalty or
interest shall be charged to such retailer on the  amount  of
such  credit.  However,  when  such  credit is allowed to the
retailer by the Department,  the  vendor  is  precluded  from
refunding  any of that tax to the retailer and filing a claim
for  credit  or  refund  with  respect   thereto   with   the
Department.  The  provisions  of this amendatory Act shall be
applied  retroactively,  regardless  of  the  date   of   the
transaction.
(Source: P.A. 89-359, eff. 8-17-95.)

    Section 30.  The Cigarette Tax Act is amended by changing
Sections 4 and 6 as follows:

    (35 ILCS 130/4) (from Ch. 120, par. 453.4)
    Sec.  4.  Distributor's  license. No person may engage in
business as a distributor of cigarettes in this State  within
the  meaning  of  the  first  2 definitions of distributor in
Section 1 of this Act without first having obtained a license
therefor from the Department. Application for  license  shall
be made to the Department in form as furnished and prescribed
by  the  Department.  Each applicant for a license under this
Section shall furnish to the Department on  the  form  signed
and verified by the applicant the following information:
    (a)  The name and address of the applicant;
    (b)  The  address  of the location at which the applicant
proposes to engage in business as a distributor of cigarettes
in this State;
    (c)  Such other additional information as the  Department
may lawfully require by its rules and regulations.
    The annual license fee payable to the Department for each
distributor's  license  shall  be  $250.  The purpose of such
annual license fee is to defray the cost, to the  Department,
of  coding,  serializing  or coding and serializing cigarette
tax stamps. Each applicant for license shall pay such fee  to
the  Department at the time of submitting his application for
license to the Department.
    Every  applicant   who   is   required   to   procure   a
distributor's license shall file with his application a joint
and  several  bond.  Such  bond  shall  be  executed  to  the
Department  of  Revenue,  with  good and sufficient surety or
sureties residing or licensed to do business within the State
of Illinois, in the amount of $2,500,  conditioned  upon  the
true  and faithful compliance by the licensee with all of the
provisions of this Act. Such bond, or a reissue thereof, or a
substitute therefor, shall  be  kept  in  effect  during  the
entire  period covered by the license. A separate application
for license shall be made,  a  separate  annual  license  fee
paid,  and  a separate bond filed, for each place of business
at which a person who is required to procure a  distributor's
license  under this Section proposes to engage in business as
a distributor in Illinois under this Act.
    The following are ineligible to receive  a  distributor's
license under this Act:
    (1)  a person who is not of good character and reputation
in the community in which he resides;
    (2)  a  person  who  has been convicted of a felony under
any  Federal  or  State  law,  if   the   Department,   after
investigation  and  a hearing, if requested by the applicant,
determines  that  such  person  has  not  been   sufficiently
rehabilitated to warrant the public trust;
    (3)  a  corporation,  if any officer, manager or director
thereof, or any stockholder or  stockholders  owning  in  the
aggregate  more  than  5%  of  the stock of such corporation,
would not be eligible to receive a license under this Act for
any reason.
    The Department, upon receipt of an  application,  license
fee and bond in proper form, from a person who is eligible to
receive  a  distributor's license under this Act, shall issue
to such applicant a license in  form  as  prescribed  by  the
Department, which license shall permit the applicant to which
it  is  issued  to engage in business as a distributor at the
place shown in his application. All licenses  issued  by  the
Department  under  this  Act shall be valid for not to exceed
one year after issuance unless sooner  revoked,  canceled  or
suspended  as  provided  in this Act. No license issued under
this Act is transferable or assignable. Such license shall be
conspicuously displayed in the place of business conducted by
the licensee in Illinois under such license.
    Any person aggrieved by any decision  of  the  Department
under  this  Section  may, within 20 days after notice of the
decision, protest and request a hearing.   Upon  receiving  a
request  for  a  hearing, the Department shall give notice to
the person requesting the hearing of the time and place fixed
for the hearing and shall hold a hearing in  conformity  with
the   provisions  of  this  Act  and  then  issue  its  final
administrative decision in the matter to that person.  In the
absence of a protest and request  for  a  hearing  within  20
days,  the  Department's  decision shall become final without
any further determination being made or notice given.
(Source: P.A. 78-255.)
    (35 ILCS 130/6) (from Ch. 120, par. 453.6)
    Sec.  6.  Revocation,  cancellation,  or  suspension   of
license.  The  Department  may,  after  notice and hearing as
provided for by this  Act,  revoke,  cancel  or  suspend  the
license of any distributor for the violation of any provision
of  this  Act, or for noncompliance with any provision herein
contained, or for any noncompliance with any lawful  rule  or
regulation  promulgated  by the Department under Section 8 of
this Act,  or  because  the  licensee  is  determined  to  be
ineligible for a distributor's license for any one or more of
the  reasons provided for in Section 4 of this Act.  However,
no such license shall be  revoked,  cancelled  or  suspended,
except  after  a hearing by the Department with notice to the
distributor, as aforesaid, and affording such  distributor  a
reasonable   opportunity   to  appear  and  defend,  and  any
distributor aggrieved by any decision of the Department  with
respect  thereto may have the determination of the Department
judicially reviewed, as  herein  provided.   Notice  of  such
hearing  shall be in writing and shall contain a statement of
the charges preferred against the distributor.
    Any  distributor  aggrieved  by  any  decision   of   the
Department  under  this  Section  may,  within  20 days after
notice of the decision, protest and request a hearing.   Upon
receiving  a request for a hearing, the Department shall give
notice in writing to the distributor requesting  the  hearing
that  contains  a  statement of the charges preferred against
the distributor and that states the time and place fixed  for
the  hearing.   The  Department  shall  hold  the  hearing in
conformity with the provisions of this Act and then issue its
final  administrative  decision  in   the   matter   to   the
distributor.   In  the absence of a protest and request for a
hearing within  20  days,  the  Department's  decision  shall
become  final without any further determination being made or
notice given.
    No license so revoked, as aforesaid, shall be reissued to
any such distributor within a period of 6  months  after  the
date  of the final determination of such revocation.  No such
license shall be reissued at all so long as  the  person  who
would   receive  the  license  is  ineligible  to  receive  a
distributor's license under this Act for any one or  more  of
the reasons provided for in Section 4 of this Act.
    The  Department upon complaint filed in the circuit court
may by injunction restrain any person who fails, or  refuses,
to  comply with any of the provisions of this Act from acting
as a distributor of cigarettes in this State.
(Source: P.A. 79-1365; 79-1366.)

    Section 35.  The Cigarette Use  Tax  Act  is  amended  by
changing Sections 4 and 6 as follows:

    (35 ILCS 135/4) (from Ch. 120, par. 453.34)
    Sec.  4. Distributor's license. A distributor maintaining
a place of business in this State, if required to  procure  a
license  or allowed to obtain a permit as a distributor under
the Cigarette Tax Act, need not obtain an additional  license
or  permit  under  this  Act,  but  shall  be  deemed  to  be
sufficiently  licensed  or  registered by virtue of his being
licensed or registered under the Cigarette Tax Act.
    Every distributor maintaining a place of business in this
State, if not required to procure a  license  or  allowed  to
obtain a permit as a distributor under the Cigarette Tax Act,
shall  make  a verified application to the Department (upon a
form prescribed  and  furnished  by  the  Department)  for  a
license to act as a distributor under this Act. In completing
such   application,   the   applicant   shall   furnish  such
information as the Department may reasonably require.
    The annual license fee payable to the Department for each
distributor's license shall be  $250.  The  purpose  of  such
annual  license fee is to defray the cost, to the Department,
of coding, serializing or coding  and  serializing  cigarette
tax  stamps.  The applicant for license shall pay such fee to
the Department at the time of submitting the application  for
license to the Department.
    Such  applicant shall file, with his application, a joint
and  several  bond.  Such  bond  shall  be  executed  to  the
Department of Revenue, with good  and  sufficient  surety  or
sureties residing or licensed to do business within the State
of  Illinois,  in  the amount of $2,500, conditioned upon the
true and faithful compliance by the licensee with all of  the
provisions of this Act. Such bond, or a reissue thereof, or a
substitute  therefor,  shall  be  kept  in  effect during the
entire period covered by the license. A separate  application
for  license  shall  be  made,  a separate annual license fee
paid, and a separate bond filed, for each place  of  business
at  or  from  which  the  applicant  proposes  to  act  as  a
distributor under this Act and for which the applicant is not
required  to  procure a license or allowed to obtain a permit
as a distributor under the Cigarette Tax Act.
    The following are ineligible to receive  a  distributor's
license under this Act:
    (1)  a person who is not of good character and reputation
in the community in which he resides;
    (2)  a  person  who  has been convicted of a felony under
any  Federal  or  State  law,  if   the   Department,   after
investigation  and  a hearing, if requested by the applicant,
determines  that  such  person  has  not  been   sufficiently
rehabilitated to warrant the public trust;
    (3)  a  corporation,  if any officer, manager or director
thereof, or any stockholder or  stockholders  owning  in  the
aggregate  more  than  5%  of  the stock of such corporation,
would not be eligible to receive a license hereunder for  any
reason.
    Upon approval of such application and bond and payment of
the required annual license fee, the Department shall issue a
license  to  the  applicant.  Such  license  shall permit the
applicant to engage in business as a distributor at  or  from
the  place  shown  in his application. All licenses issued by
the Department under this Act  shall  be  valid  for  not  to
exceed   one  year  after  issuance  unless  sooner  revoked,
canceled or suspended as in this  Act  provided.  No  license
issued  under  this  Act  is transferable or assignable. Such
license shall be conspicuously  displayed  at  the  place  of
business for which it is issued.
    Any  person  aggrieved  by any decision of the Department
under this Section may, within 20 days after  notice  of  the
decision,  protest  and  request a hearing.  Upon receiving a
request for a hearing, the Department shall  give  notice  to
the person requesting the hearing of the time and place fixed
for  the  hearing and shall hold a hearing in conformity with
the  provisions  of  this  Act  and  then  issue  its   final
administrative decision in the matter to that person.  In the
absence  of  a  protest  and  request for a hearing within 20
days, the Department's decision shall  become  final  without
any further determination being made or notice given.
(Source: P.A. 78-255.)

    (35 ILCS 135/6) (from Ch. 120, par. 453.36)
    Sec.   6.  Revocation,  cancellation,  or  suspension  of
license. The Department may,  after  notice  and  hearing  as
provided  for  by  this  Act,  revoke,  cancel or suspend the
license of any distributor for the violation of any provision
of this Act, or for non-compliance with any provision  herein
contained,  or for any non-compliance with any lawful rule or
regulation promulgated by the Department under Section 21  of
this  Act,  or  because  the  licensee  is  determined  to be
ineligible for a distributor's license for any one or more of
the reasons provided for in Section 4 of this Act.   However,
no  such  license  shall  be  revoked, canceled or suspended,
except after a hearing by the Department with notice  to  the
distributor,  as  aforesaid, and affording such distributor a
reasonable  opportunity  to  appear  and  defend,   and   any
distributor  aggrieved by any decision of the Department with
respect thereto may have the determination of the  Department
judicially  reviewed,  as  herein  provided.   Notice of such
hearing shall be in writing and shall contain a statement  of
the charges preferred against the distributor.
    Any   distributor   aggrieved  by  any  decision  of  the
Department under this  Section  may,  within  20  days  after
notice  of the decision, protest and request a hearing.  Upon
receiving a request for a hearing, the Department shall  give
notice  in  writing to the distributor requesting the hearing
that contains a statement of the  charges  preferred  against
the  distributor and that states the time and place fixed for
the hearing.   The  Department  shall  hold  the  hearing  in
conformity with the provisions of this Act and then issue its
final   administrative   decision   in   the  matter  to  the
distributor.  In the absence of a protest and request  for  a
hearing  within  20  days,  the  Department's  decision shall
become final without any further determination being made  or
notice given.
    No  license  so  revoked,  shall  be reissued to any such
distributor within a period of 6 months after the date of the
final determination of  such  revocation.   No  such  license
shall  be  reissued  at  all  so long as the person who would
receive the license is ineligible to receive a  distributor's
license  under  this  Act  for any one or more of the reasons
provided for in Section 4 of this Act.
    The Department upon complaint filed in the circuit  court
may  by injunction restrain any person who fails, or refuses,
to comply with this Act  from  acting  as  a  distributor  of
cigarettes in this State.
(Source: P.A. 79-1365; 79-1366.)

    Section  40.   The  Public  Utilities  Act  is amended by
changing Section 8-403.1 as follows:

    (220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1)
    Sec. 8-403.1. Electricity purchased from qualified  solid
waste energy facility; tax credit; distributions for economic
development.
    (a)  It is hereby declared to be the policy of this State
to  encourage  the development of alternate energy production
facilities in order to conserve our energy resources  and  to
provide for their most efficient use.
    (b)  For the purpose of this Section and Section 9-215.1,
"qualified  solid  waste  energy  facility"  means a facility
determined by the Illinois Commerce Commission to qualify  as
such under the Local Solid Waste Disposal Act, to use methane
gas  generated  from  landfills  as  its primary fuel, and to
possess characteristics that would enable it to qualify as  a
cogeneration or small power production facility under federal
law.
    (c)  In  furtherance  of  the  policy  declared  in  this
Section,  the  Illinois  Commerce  Commission  shall  require
electric  utilities  to  enter  into  long-term  contracts to
purchase  electricity  from  qualified  solid  waste   energy
facilities  located  in  the electric utility's service area,
for a period beginning on the date that the  facility  begins
generating electricity and having a duration of not less than
10    years   in   the   case   of   facilities   fueled   by
landfill-generated methane,  or  20  years  in  the  case  of
facilities  fueled by methane generated from a landfill owned
by a forest preserve district.  The purchase  rate  contained
in  such  contracts  shall be equal to the average amount per
kilowatt-hour paid from time to time by the unit or units  of
local   government   in   which  the  electricity  generating
facilities are located, excluding  amounts  paid  for  street
lighting and pumping service.
    (d)  Whenever  a  public  utility is required to purchase
electricity pursuant to subsection (c)  above,  it  shall  be
entitled to credits in respect of its obligations to remit to
the State taxes it has collected under the Electricity Excise
Tax  Law  equal to the amounts, if any, by which payments for
such electricity exceed (i) the then current  rate  at  which
the  utility must purchase the output of qualified facilities
pursuant to the federal Public  Utility  Regulatory  Policies
Act  of  1978, less (ii) any costs, expenses, losses, damages
or other amounts incurred by the utility,  or  for  which  it
becomes  liable,  arising  out  of its failure to obtain such
electricity from such other sources.  The amount of any  such
credit  shall,  in  the  first instance, be determined by the
utility, which shall make a monthly report of such credits to
the Illinois Commerce Commission  and,  on  its  monthly  tax
return,  to  the  Illinois  Department  of  Revenue. Under no
circumstances  shall  a  utility  be  required  to   purchase
electricity  from  a qualified solid waste energy facility at
the rate prescribed in subsection (c) of this Section if such
purchase would result in estimated tax credits  that  exceed,
on  a  monthly  basis,  the utility's estimated obligation to
remit  to  the  State  taxes  it  has  collected  under   the
Electricity  Excise  Tax  Law.  The  owner  or operator shall
negotiate facility operating conditions with  the  purchasing
utility  in  accordance  with  that utility's posted standard
terms and  conditions  for  small  power  producers.  If  the
Department of Revenue disputes the amount of any such credit,
such  dispute  shall  be  decided  by  the  Illinois Commerce
Commission.  Whenever a qualified solid waste energy facility
has paid or otherwise satisfied in full the capital costs  or
indebtedness  incurred  in  developing  and  implementing the
qualified facility, the qualified  facility  shall  reimburse
the  Public  Utility Fund and the General Revenue Fund in the
State treasury for the actual reduction in payments to  those
Funds  caused  by  this  subsection  (d)  in  a  manner to be
determined by the Illinois Commerce Commission and  based  on
the manner in which revenues for those Funds were reduced.
    (e)  The  Illinois  Commerce Commission shall not require
an  electric  utility  to  purchase  electricity   from   any
qualified  solid  waste  energy  facility  which  is owned or
operated by an  entity  that  is  primarily  engaged  in  the
business  of producing or selling electricity, gas, or useful
thermal energy from a source other than one or more qualified
solid waste energy facilities.
    (f)  This Section does not require an electric utility to
construct additional facilities unless those  facilities  are
paid  for  by the owner or operator of the affected qualified
solid waste energy facility.
    (g)  The Illinois Commerce Commission shall require that:
(1) electric utilities use the electricity purchased  from  a
qualified solid waste energy facility to displace electricity
generated  from  nuclear  power  or  coal mined and purchased
outside the  boundaries  of  the  State  of  Illinois  before
displacing   electricity   generated   from  coal  mined  and
purchased  within  the  State  of  Illinois,  to  the  extent
possible, and (2) electric utilities report annually  to  the
Commission on the extent of such displacements.
    (h)  Nothing  in  this  Section  is  intended to cause an
electric utility that is required to purchase power hereunder
to incur any economic loss as a result of its purchase.   All
amounts  paid  for  power  which  a  utility  is  required to
purchase pursuant to subparagraph (c) shall be deemed  to  be
costs  prudently  incurred  for purposes of computing charges
under rates authorized by Section 9-220  of  this  Act.   Tax
credits  provided  for  herein  shall be reflected in charges
made pursuant to rates  so  authorized  to  the  extent  such
credits are based upon a cost which is also reflected in such
charges.
    (i)  Beginning in February 1999 and through January 2009,
each   qualified  solid  waste  energy  facility  that  sells
electricity to an  electric  utility  at  the  purchase  rate
described in subsection (c) shall file with the Department of
Revenue State Treasurer on or before the 15th of each month a
form,   prescribed   by   the  Department  of  Revenue  State
Treasurer, that  states  the  number  of  kilowatt  hours  of
electricity  for  which payment was received at that purchase
rate  from  electric  utilities  in   Illinois   during   the
immediately  preceding  month. This form shall be accompanied
by a payment from the qualified solid waste  energy  facility
in  an  amount  equal  to  six-tenths of a mill ($0.0006) per
kilowatt hour of electricity stated  on  the  form.  Payments
received  by  the Department of Revenue State Treasurer shall
be deposited into the Municipal Economic Development Fund,  a
trust  fund  created  outside  the  State treasury. The State
Treasurer may invest the moneys in the Fund in any investment
authorized by the Public Funds Investment Act, and investment
income shall be deposited into and become part of  the  Fund.
Moneys  in  the  Fund shall be used by the State Treasurer as
provided in subsection (j).  The obligation  of  a  qualified
solid  waste  energy  facility  to  make  payments  into  the
Municipal  Economic  Development  Fund  shall  terminate upon
either:  (1)  expiration  or  termination  of  a   facility's
contract  to  sell  electricity to an electric utility at the
purchase rate described in subsection (c); or (2) entry of an
enforceable, final, and non-appealable order by  a  court  of
competent  jurisdiction  that  Public  Act 89-448 is invalid.
Payments by a qualified solid waste energy facility into  the
Municipal  Economic  Development  Fund  do  not  relieve  the
qualified  solid  waste  energy facility of its obligation to
reimburse the Public Utility Fund  and  the  General  Revenue
Fund for the actual reduction in payments to those Funds as a
result  of  credits  received  by  electric  utilities  under
subsection (d).
    (j)  The  State  Treasurer,  without  appropriation, must
make distributions immediately after January  15,  April  15,
July 15, and October 15 of each year, up to maximum aggregate
distributions of $500,000 for the distributions made in the 4
quarters  beginning  with  the  April distribution and ending
with the January distribution, from  the  Municipal  Economic
Development  Fund to each city, village, or incorporated town
that has within its boundaries an incinerator that: (1)  uses
municipal  waste as its primary fuel to generate electricity;
(2) was determined by the  Illinois  Commerce  Commission  to
qualify  as  a qualified solid waste energy facility prior to
the effective date of Public Act 89-448;  and  (3)  commenced
operation  prior  to January 1, 1998.  Total distributions in
the  aggregate  to  all  qualified  cities,   villages,   and
incorporated towns in the 4 quarters beginning with the April
distribution  and  ending with the January distribution shall
not exceed $500,000.  The amount of each  distribution  shall
be  determined  pro rata based on the population of the city,
village,  or  incorporated  town  compared   to   the   total
population  of  all  cities, villages, and incorporated towns
eligible to receive a distribution.   Distributions  received
by  a  city,  village, or incorporated town must be held in a
separate account and may be used only to promote and  enhance
industrial, commercial, residential, service, transportation,
and   recreational   activities  and  facilities  within  its
boundaries, thereby enhancing the  employment  opportunities,
public  health  and general welfare, and economic development
within the community, including  administrative  expenditures
exclusively   to  further  these  activities.   These  funds,
however,  shall  not  be  used  by  the  city,  village,   or
incorporated  town,  directly  or  indirectly,  to  purchase,
lease,  operate, or in any way subsidize the operation of any
incinerator, and these funds shall not be paid,  directly  or
indirectly, by the city, village, or incorporated town to the
owner,  operator,  lessee,  shareholder, or bondholder of any
incinerator. Moreover, these funds shall not be used  to  pay
attorneys  fees in any litigation relating to the validity of
Public Act 89-448.  Nothing in this Section prevents a  city,
village,  or  incorporated  town  from  using other corporate
funds for any  legitimate  purpose.   For  purposes  of  this
subsection,  the  term  "municipal  waste"  has  the  meaning
ascribed   to   it  in  Section  3.21  of  the  Environmental
Protection Act.
    (k)  If maximum aggregate distributions of $500,000 under
subsection (j) have been made after the January  distribution
from  the  Municipal  Economic  Development  Fund,  then  the
balance  in the Fund shall be refunded to the qualified solid
waste  energy  facilities  that  made  payments   that   were
deposited  into the Fund during the previous 12-month period.
The refunds shall  be  prorated  based  upon  the  facility's
payments  in  relation  to  total  payments for that 12-month
period.
    (l)  Beginning  January  1,  2000,  and  each  January  1
thereafter, each city, village,  or  incorporated  town  that
received    distributions   from   the   Municipal   Economic
Development  Fund,   continued   to   hold   any   of   those
distributions,  or made expenditures from those distributions
during the immediately  preceding  year  shall  submit  to  a
financial   and   compliance   and  program  audit  of  those
distributions performed by the Auditor General at no cost  to
the  city,  village,  or  incorporated town that received the
distributions.  The audit should be completed by June  30  or
as soon thereafter as possible.  The audit shall be submitted
to  the  State  Treasurer  and  those  officers enumerated in
Section 3-14 of the Illinois State  Auditing  Act.    If  the
Auditor  General  finds that distributions have been expended
in violation of this Section, the Auditor General shall refer
the matter to the Attorney General.  The Attorney General may
recover, in a  civil  action,  3  times  the  amount  of  any
distributions   illegally  expended.  For  purposes  of  this
subsection, the terms "financial audit," "compliance  audit",
and  "program  audit"  have  the meanings ascribed to them in
Sections 1-13 and 1-15 of the Illinois State Auditing Act.
(Source: P.A. 89-448, eff. 3-14-96; 90-813, eff. 1-29-99.)

    Section 99.   Effective  date.   This  Act  takes  effect
January  1, 2001, except that this Section and Section 5 take
effect upon becoming law.

[ Top ]