[ Back ] [ Bottom ]
91_SB1010enr
SB1010 Enrolled SRS91SB0007ABge
1 AN ACT concerning the Metropolitan Pier and Exposition
2 Authority, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 8.25f as follows:
7 (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f)
8 Sec. 8.25f. McCormick Place Expansion Project Fund.
9 (a) Deposits. The following amounts shall be deposited
10 into the McCormick Place Expansion Project Fund in the State
11 Treasury: (i) the moneys required to be deposited into the
12 Fund under Section 9 of the Use Tax Act, Section 9 of the
13 Service Occupation Tax Act, Section 9 of the Service Use Tax
14 Act, and Section 3 of the Retailers' Occupation Tax Act and
15 (ii) the moneys required to be deposited into the Fund under
16 Section 13 of the Metropolitan Pier and Exposition Authority
17 Act. Notwithstanding the foregoing, the maximum amount that
18 may be deposited into the McCormick Place Expansion Project
19 Fund from item (i) shall not exceed the following amounts
20 with respect to the following fiscal years:
21 Fiscal Year Total Deposit
22 1993 $0
23 1994 53,000,000
24 1995 58,000,000
25 1996 61,000,000
26 1997 64,000,000
27 1998 68,000,000
28 1999 71,000,000
29 2000 75,000,000
30 2001 80,000,000
31 2002 84,000,000
SB1010 Enrolled -2- SRS91SB0007ABge
1 2003 89,000,000
2 2004 93,000,000
3 2005 97,000,000
4 2006 102,000,000
5 2007 and 108,000,000 106,000,000
6 2008 115,000,000
7 2009 120,000,000
8 2010 126,000,000
9 2011 132,000,000
10 2012 138,000,000
11 2013 and 145,000,000
12 each fiscal year
13 thereafter that bonds are
14 outstanding under Section
15 13.2 of the Metropolitan Pier
16 and Exposition Authority Act,
17 but not after fiscal year 2029.
18 Provided that all amounts deposited in the Fund and
19 requested in the Authority's certificate have been paid to
20 the Authority, all amounts remaining in the McCormick Place
21 Expansion Project Fund on the last day of any month shall be
22 transferred to the General Revenue Fund.
23 (b) Authority certificate. Beginning with fiscal year
24 1994 and continuing for each fiscal year thereafter, the
25 Chairman of the Metropolitan Pier and Exposition Authority
26 shall annually certify to the State Comptroller and the State
27 Treasurer the amount necessary and required, during the
28 fiscal year with respect to which the certification is made,
29 to pay the debt service requirements (including amounts to be
30 paid with respect to arrangements to provide additional
31 security or liquidity) on all outstanding bonds and notes,
32 including refunding bonds, (collectively referred to as
33 "bonds") in an amount issued by the Authority pursuant to
34 Section 13.2 of the Metropolitan Pier and Exposition
SB1010 Enrolled -3- SRS91SB0007ABge
1 Authority Act. The certificate may be amended from time to
2 time as necessary.
3 (Source: P.A. 90-612, eff. 7-8-98.)
4 Section 10. The Use Tax Act is amended by changing
5 Section 9 as follows:
6 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
7 Sec. 9. Except as to motor vehicles, watercraft,
8 aircraft, and trailers that are required to be registered
9 with an agency of this State, each retailer required or
10 authorized to collect the tax imposed by this Act shall pay
11 to the Department the amount of such tax (except as otherwise
12 provided) at the time when he is required to file his return
13 for the period during which such tax was collected, less a
14 discount of 2.1% prior to January 1, 1990, and 1.75% on and
15 after January 1, 1990, or $5 per calendar year, whichever is
16 greater, which is allowed to reimburse the retailer for
17 expenses incurred in collecting the tax, keeping records,
18 preparing and filing returns, remitting the tax and supplying
19 data to the Department on request. In the case of retailers
20 who report and pay the tax on a transaction by transaction
21 basis, as provided in this Section, such discount shall be
22 taken with each such tax remittance instead of when such
23 retailer files his periodic return. A retailer need not
24 remit that part of any tax collected by him to the extent
25 that he is required to remit and does remit the tax imposed
26 by the Retailers' Occupation Tax Act, with respect to the
27 sale of the same property.
28 Where such tangible personal property is sold under a
29 conditional sales contract, or under any other form of sale
30 wherein the payment of the principal sum, or a part thereof,
31 is extended beyond the close of the period for which the
32 return is filed, the retailer, in collecting the tax (except
SB1010 Enrolled -4- SRS91SB0007ABge
1 as to motor vehicles, watercraft, aircraft, and trailers that
2 are required to be registered with an agency of this State),
3 may collect for each tax return period, only the tax
4 applicable to that part of the selling price actually
5 received during such tax return period.
6 Except as provided in this Section, on or before the
7 twentieth day of each calendar month, such retailer shall
8 file a return for the preceding calendar month. Such return
9 shall be filed on forms prescribed by the Department and
10 shall furnish such information as the Department may
11 reasonably require.
12 The Department may require returns to be filed on a
13 quarterly basis. If so required, a return for each calendar
14 quarter shall be filed on or before the twentieth day of the
15 calendar month following the end of such calendar quarter.
16 The taxpayer shall also file a return with the Department for
17 each of the first two months of each calendar quarter, on or
18 before the twentieth day of the following calendar month,
19 stating:
20 1. The name of the seller;
21 2. The address of the principal place of business
22 from which he engages in the business of selling tangible
23 personal property at retail in this State;
24 3. The total amount of taxable receipts received by
25 him during the preceding calendar month from sales of
26 tangible personal property by him during such preceding
27 calendar month, including receipts from charge and time
28 sales, but less all deductions allowed by law;
29 4. The amount of credit provided in Section 2d of
30 this Act;
31 5. The amount of tax due;
32 5-5. The signature of the taxpayer; and
33 6. Such other reasonable information as the
34 Department may require.
SB1010 Enrolled -5- SRS91SB0007ABge
1 If a taxpayer fails to sign a return within 30 days after
2 the proper notice and demand for signature by the Department,
3 the return shall be considered valid and any amount shown to
4 be due on the return shall be deemed assessed.
5 Beginning October 1, 1993, a taxpayer who has an average
6 monthly tax liability of $150,000 or more shall make all
7 payments required by rules of the Department by electronic
8 funds transfer. Beginning October 1, 1994, a taxpayer who has
9 an average monthly tax liability of $100,000 or more shall
10 make all payments required by rules of the Department by
11 electronic funds transfer. Beginning October 1, 1995, a
12 taxpayer who has an average monthly tax liability of $50,000
13 or more shall make all payments required by rules of the
14 Department by electronic funds transfer. The term "average
15 monthly tax liability" means the sum of the taxpayer's
16 liabilities under this Act, and under all other State and
17 local occupation and use tax laws administered by the
18 Department, for the immediately preceding calendar year
19 divided by 12.
20 Before August 1 of each year beginning in 1993, the
21 Department shall notify all taxpayers required to make
22 payments by electronic funds transfer. All taxpayers required
23 to make payments by electronic funds transfer shall make
24 those payments for a minimum of one year beginning on October
25 1.
26 Any taxpayer not required to make payments by electronic
27 funds transfer may make payments by electronic funds transfer
28 with the permission of the Department.
29 All taxpayers required to make payment by electronic
30 funds transfer and any taxpayers authorized to voluntarily
31 make payments by electronic funds transfer shall make those
32 payments in the manner authorized by the Department.
33 The Department shall adopt such rules as are necessary to
34 effectuate a program of electronic funds transfer and the
SB1010 Enrolled -6- SRS91SB0007ABge
1 requirements of this Section.
2 If the taxpayer's average monthly tax liability to the
3 Department under this Act, the Retailers' Occupation Tax Act,
4 the Service Occupation Tax Act, the Service Use Tax Act was
5 $10,000 or more during the preceding 4 complete calendar
6 quarters, he shall file a return with the Department each
7 month by the 20th day of the month next following the month
8 during which such tax liability is incurred and shall make
9 payments to the Department on or before the 7th, 15th, 22nd
10 and last day of the month during which such liability is
11 incurred. If the month during which such tax liability is
12 incurred began prior to January 1, 1985, each payment shall
13 be in an amount equal to 1/4 of the taxpayer's actual
14 liability for the month or an amount set by the Department
15 not to exceed 1/4 of the average monthly liability of the
16 taxpayer to the Department for the preceding 4 complete
17 calendar quarters (excluding the month of highest liability
18 and the month of lowest liability in such 4 quarter period).
19 If the month during which such tax liability is incurred
20 begins on or after January 1, 1985, and prior to January 1,
21 1987, each payment shall be in an amount equal to 22.5% of
22 the taxpayer's actual liability for the month or 27.5% of the
23 taxpayer's liability for the same calendar month of the
24 preceding year. If the month during which such tax liability
25 is incurred begins on or after January 1, 1987, and prior to
26 January 1, 1988, each payment shall be in an amount equal to
27 22.5% of the taxpayer's actual liability for the month or
28 26.25% of the taxpayer's liability for the same calendar
29 month of the preceding year. If the month during which such
30 tax liability is incurred begins on or after January 1, 1988,
31 and prior to January 1, 1989, or begins on or after January
32 1, 1996, each payment shall be in an amount equal to 22.5% of
33 the taxpayer's actual liability for the month or 25% of the
34 taxpayer's liability for the same calendar month of the
SB1010 Enrolled -7- SRS91SB0007ABge
1 preceding year. If the month during which such tax liability
2 is incurred begins on or after January 1, 1989, and prior to
3 January 1, 1996, each payment shall be in an amount equal to
4 22.5% of the taxpayer's actual liability for the month or 25%
5 of the taxpayer's liability for the same calendar month of
6 the preceding year or 100% of the taxpayer's actual liability
7 for the quarter monthly reporting period. The amount of such
8 quarter monthly payments shall be credited against the final
9 tax liability of the taxpayer's return for that month. Once
10 applicable, the requirement of the making of quarter monthly
11 payments to the Department shall continue until such
12 taxpayer's average monthly liability to the Department during
13 the preceding 4 complete calendar quarters (excluding the
14 month of highest liability and the month of lowest liability)
15 is less than $9,000, or until such taxpayer's average monthly
16 liability to the Department as computed for each calendar
17 quarter of the 4 preceding complete calendar quarter period
18 is less than $10,000. However, if a taxpayer can show the
19 Department that a substantial change in the taxpayer's
20 business has occurred which causes the taxpayer to anticipate
21 that his average monthly tax liability for the reasonably
22 foreseeable future will fall below $10,000, then such
23 taxpayer may petition the Department for change in such
24 taxpayer's reporting status. The Department shall change
25 such taxpayer's reporting status unless it finds that such
26 change is seasonal in nature and not likely to be long term.
27 If any such quarter monthly payment is not paid at the time
28 or in the amount required by this Section, then the taxpayer
29 shall be liable for penalties and interest on the difference
30 between the minimum amount due and the amount of such quarter
31 monthly payment actually and timely paid, except insofar as
32 the taxpayer has previously made payments for that month to
33 the Department in excess of the minimum payments previously
34 due as provided in this Section. The Department shall make
SB1010 Enrolled -8- SRS91SB0007ABge
1 reasonable rules and regulations to govern the quarter
2 monthly payment amount and quarter monthly payment dates for
3 taxpayers who file on other than a calendar monthly basis.
4 If any such payment provided for in this Section exceeds
5 the taxpayer's liabilities under this Act, the Retailers'
6 Occupation Tax Act, the Service Occupation Tax Act and the
7 Service Use Tax Act, as shown by an original monthly return,
8 the Department shall issue to the taxpayer a credit
9 memorandum no later than 30 days after the date of payment,
10 which memorandum may be submitted by the taxpayer to the
11 Department in payment of tax liability subsequently to be
12 remitted by the taxpayer to the Department or be assigned by
13 the taxpayer to a similar taxpayer under this Act, the
14 Retailers' Occupation Tax Act, the Service Occupation Tax Act
15 or the Service Use Tax Act, in accordance with reasonable
16 rules and regulations to be prescribed by the Department,
17 except that if such excess payment is shown on an original
18 monthly return and is made after December 31, 1986, no credit
19 memorandum shall be issued, unless requested by the taxpayer.
20 If no such request is made, the taxpayer may credit such
21 excess payment against tax liability subsequently to be
22 remitted by the taxpayer to the Department under this Act,
23 the Retailers' Occupation Tax Act, the Service Occupation Tax
24 Act or the Service Use Tax Act, in accordance with reasonable
25 rules and regulations prescribed by the Department. If the
26 Department subsequently determines that all or any part of
27 the credit taken was not actually due to the taxpayer, the
28 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
29 by 2.1% or 1.75% of the difference between the credit taken
30 and that actually due, and the taxpayer shall be liable for
31 penalties and interest on such difference.
32 If the retailer is otherwise required to file a monthly
33 return and if the retailer's average monthly tax liability to
34 the Department does not exceed $200, the Department may
SB1010 Enrolled -9- SRS91SB0007ABge
1 authorize his returns to be filed on a quarter annual basis,
2 with the return for January, February, and March of a given
3 year being due by April 20 of such year; with the return for
4 April, May and June of a given year being due by July 20 of
5 such year; with the return for July, August and September of
6 a given year being due by October 20 of such year, and with
7 the return for October, November and December of a given year
8 being due by January 20 of the following year.
9 If the retailer is otherwise required to file a monthly
10 or quarterly return and if the retailer's average monthly tax
11 liability to the Department does not exceed $50, the
12 Department may authorize his returns to be filed on an annual
13 basis, with the return for a given year being due by January
14 20 of the following year.
15 Such quarter annual and annual returns, as to form and
16 substance, shall be subject to the same requirements as
17 monthly returns.
18 Notwithstanding any other provision in this Act
19 concerning the time within which a retailer may file his
20 return, in the case of any retailer who ceases to engage in a
21 kind of business which makes him responsible for filing
22 returns under this Act, such retailer shall file a final
23 return under this Act with the Department not more than one
24 month after discontinuing such business.
25 In addition, with respect to motor vehicles, watercraft,
26 aircraft, and trailers that are required to be registered
27 with an agency of this State, every retailer selling this
28 kind of tangible personal property shall file, with the
29 Department, upon a form to be prescribed and supplied by the
30 Department, a separate return for each such item of tangible
31 personal property which the retailer sells, except that
32 where, in the same transaction, a retailer of aircraft,
33 watercraft, motor vehicles or trailers transfers more than
34 one aircraft, watercraft, motor vehicle or trailer to another
SB1010 Enrolled -10- SRS91SB0007ABge
1 aircraft, watercraft, motor vehicle or trailer retailer for
2 the purpose of resale, that seller for resale may report the
3 transfer of all the aircraft, watercraft, motor vehicles or
4 trailers involved in that transaction to the Department on
5 the same uniform invoice-transaction reporting return form.
6 For purposes of this Section, "watercraft" means a Class 2,
7 Class 3, or Class 4 watercraft as defined in Section 3-2 of
8 the Boat Registration and Safety Act, a personal watercraft,
9 or any boat equipped with an inboard motor.
10 The transaction reporting return in the case of motor
11 vehicles or trailers that are required to be registered with
12 an agency of this State, shall be the same document as the
13 Uniform Invoice referred to in Section 5-402 of the Illinois
14 Vehicle Code and must show the name and address of the
15 seller; the name and address of the purchaser; the amount of
16 the selling price including the amount allowed by the
17 retailer for traded-in property, if any; the amount allowed
18 by the retailer for the traded-in tangible personal property,
19 if any, to the extent to which Section 2 of this Act allows
20 an exemption for the value of traded-in property; the balance
21 payable after deducting such trade-in allowance from the
22 total selling price; the amount of tax due from the retailer
23 with respect to such transaction; the amount of tax collected
24 from the purchaser by the retailer on such transaction (or
25 satisfactory evidence that such tax is not due in that
26 particular instance, if that is claimed to be the fact); the
27 place and date of the sale; a sufficient identification of
28 the property sold; such other information as is required in
29 Section 5-402 of the Illinois Vehicle Code, and such other
30 information as the Department may reasonably require.
31 The transaction reporting return in the case of
32 watercraft and aircraft must show the name and address of the
33 seller; the name and address of the purchaser; the amount of
34 the selling price including the amount allowed by the
SB1010 Enrolled -11- SRS91SB0007ABge
1 retailer for traded-in property, if any; the amount allowed
2 by the retailer for the traded-in tangible personal property,
3 if any, to the extent to which Section 2 of this Act allows
4 an exemption for the value of traded-in property; the balance
5 payable after deducting such trade-in allowance from the
6 total selling price; the amount of tax due from the retailer
7 with respect to such transaction; the amount of tax collected
8 from the purchaser by the retailer on such transaction (or
9 satisfactory evidence that such tax is not due in that
10 particular instance, if that is claimed to be the fact); the
11 place and date of the sale, a sufficient identification of
12 the property sold, and such other information as the
13 Department may reasonably require.
14 Such transaction reporting return shall be filed not
15 later than 20 days after the date of delivery of the item
16 that is being sold, but may be filed by the retailer at any
17 time sooner than that if he chooses to do so. The
18 transaction reporting return and tax remittance or proof of
19 exemption from the tax that is imposed by this Act may be
20 transmitted to the Department by way of the State agency with
21 which, or State officer with whom, the tangible personal
22 property must be titled or registered (if titling or
23 registration is required) if the Department and such agency
24 or State officer determine that this procedure will expedite
25 the processing of applications for title or registration.
26 With each such transaction reporting return, the retailer
27 shall remit the proper amount of tax due (or shall submit
28 satisfactory evidence that the sale is not taxable if that is
29 the case), to the Department or its agents, whereupon the
30 Department shall issue, in the purchaser's name, a tax
31 receipt (or a certificate of exemption if the Department is
32 satisfied that the particular sale is tax exempt) which such
33 purchaser may submit to the agency with which, or State
34 officer with whom, he must title or register the tangible
SB1010 Enrolled -12- SRS91SB0007ABge
1 personal property that is involved (if titling or
2 registration is required) in support of such purchaser's
3 application for an Illinois certificate or other evidence of
4 title or registration to such tangible personal property.
5 No retailer's failure or refusal to remit tax under this
6 Act precludes a user, who has paid the proper tax to the
7 retailer, from obtaining his certificate of title or other
8 evidence of title or registration (if titling or registration
9 is required) upon satisfying the Department that such user
10 has paid the proper tax (if tax is due) to the retailer. The
11 Department shall adopt appropriate rules to carry out the
12 mandate of this paragraph.
13 If the user who would otherwise pay tax to the retailer
14 wants the transaction reporting return filed and the payment
15 of tax or proof of exemption made to the Department before
16 the retailer is willing to take these actions and such user
17 has not paid the tax to the retailer, such user may certify
18 to the fact of such delay by the retailer, and may (upon the
19 Department being satisfied of the truth of such
20 certification) transmit the information required by the
21 transaction reporting return and the remittance for tax or
22 proof of exemption directly to the Department and obtain his
23 tax receipt or exemption determination, in which event the
24 transaction reporting return and tax remittance (if a tax
25 payment was required) shall be credited by the Department to
26 the proper retailer's account with the Department, but
27 without the 2.1% or 1.75% discount provided for in this
28 Section being allowed. When the user pays the tax directly
29 to the Department, he shall pay the tax in the same amount
30 and in the same form in which it would be remitted if the tax
31 had been remitted to the Department by the retailer.
32 Where a retailer collects the tax with respect to the
33 selling price of tangible personal property which he sells
34 and the purchaser thereafter returns such tangible personal
SB1010 Enrolled -13- SRS91SB0007ABge
1 property and the retailer refunds the selling price thereof
2 to the purchaser, such retailer shall also refund, to the
3 purchaser, the tax so collected from the purchaser. When
4 filing his return for the period in which he refunds such tax
5 to the purchaser, the retailer may deduct the amount of the
6 tax so refunded by him to the purchaser from any other use
7 tax which such retailer may be required to pay or remit to
8 the Department, as shown by such return, if the amount of the
9 tax to be deducted was previously remitted to the Department
10 by such retailer. If the retailer has not previously
11 remitted the amount of such tax to the Department, he is
12 entitled to no deduction under this Act upon refunding such
13 tax to the purchaser.
14 Any retailer filing a return under this Section shall
15 also include (for the purpose of paying tax thereon) the
16 total tax covered by such return upon the selling price of
17 tangible personal property purchased by him at retail from a
18 retailer, but as to which the tax imposed by this Act was not
19 collected from the retailer filing such return, and such
20 retailer shall remit the amount of such tax to the Department
21 when filing such return.
22 If experience indicates such action to be practicable,
23 the Department may prescribe and furnish a combination or
24 joint return which will enable retailers, who are required to
25 file returns hereunder and also under the Retailers'
26 Occupation Tax Act, to furnish all the return information
27 required by both Acts on the one form.
28 Where the retailer has more than one business registered
29 with the Department under separate registration under this
30 Act, such retailer may not file each return that is due as a
31 single return covering all such registered businesses, but
32 shall file separate returns for each such registered
33 business.
34 Beginning January 1, 1990, each month the Department
SB1010 Enrolled -14- SRS91SB0007ABge
1 shall pay into the State and Local Sales Tax Reform Fund, a
2 special fund in the State Treasury which is hereby created,
3 the net revenue realized for the preceding month from the 1%
4 tax on sales of food for human consumption which is to be
5 consumed off the premises where it is sold (other than
6 alcoholic beverages, soft drinks and food which has been
7 prepared for immediate consumption) and prescription and
8 nonprescription medicines, drugs, medical appliances and
9 insulin, urine testing materials, syringes and needles used
10 by diabetics.
11 Beginning January 1, 1990, each month the Department
12 shall pay into the County and Mass Transit District Fund 4%
13 of the net revenue realized for the preceding month from the
14 6.25% general rate on the selling price of tangible personal
15 property which is purchased outside Illinois at retail from a
16 retailer and which is titled or registered by an agency of
17 this State's government.
18 Beginning January 1, 1990, each month the Department
19 shall pay into the State and Local Sales Tax Reform Fund, a
20 special fund in the State Treasury, 20% of the net revenue
21 realized for the preceding month from the 6.25% general rate
22 on the selling price of tangible personal property, other
23 than tangible personal property which is purchased outside
24 Illinois at retail from a retailer and which is titled or
25 registered by an agency of this State's government.
26 Beginning January 1, 1990, each month the Department
27 shall pay into the Local Government Tax Fund 16% of the net
28 revenue realized for the preceding month from the 6.25%
29 general rate on the selling price of tangible personal
30 property which is purchased outside Illinois at retail from a
31 retailer and which is titled or registered by an agency of
32 this State's government.
33 Of the remainder of the moneys received by the Department
34 pursuant to this Act, (a) 1.75% thereof shall be paid into
SB1010 Enrolled -15- SRS91SB0007ABge
1 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
2 and on and after July 1, 1989, 3.8% thereof shall be paid
3 into the Build Illinois Fund; provided, however, that if in
4 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
5 as the case may be, of the moneys received by the Department
6 and required to be paid into the Build Illinois Fund pursuant
7 to Section 3 of the Retailers' Occupation Tax Act, Section 9
8 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
9 Section 9 of the Service Occupation Tax Act, such Acts being
10 hereinafter called the "Tax Acts" and such aggregate of 2.2%
11 or 3.8%, as the case may be, of moneys being hereinafter
12 called the "Tax Act Amount", and (2) the amount transferred
13 to the Build Illinois Fund from the State and Local Sales Tax
14 Reform Fund shall be less than the Annual Specified Amount
15 (as defined in Section 3 of the Retailers' Occupation Tax
16 Act), an amount equal to the difference shall be immediately
17 paid into the Build Illinois Fund from other moneys received
18 by the Department pursuant to the Tax Acts; and further
19 provided, that if on the last business day of any month the
20 sum of (1) the Tax Act Amount required to be deposited into
21 the Build Illinois Bond Account in the Build Illinois Fund
22 during such month and (2) the amount transferred during such
23 month to the Build Illinois Fund from the State and Local
24 Sales Tax Reform Fund shall have been less than 1/12 of the
25 Annual Specified Amount, an amount equal to the difference
26 shall be immediately paid into the Build Illinois Fund from
27 other moneys received by the Department pursuant to the Tax
28 Acts; and, further provided, that in no event shall the
29 payments required under the preceding proviso result in
30 aggregate payments into the Build Illinois Fund pursuant to
31 this clause (b) for any fiscal year in excess of the greater
32 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
33 for such fiscal year; and, further provided, that the amounts
34 payable into the Build Illinois Fund under this clause (b)
SB1010 Enrolled -16- SRS91SB0007ABge
1 shall be payable only until such time as the aggregate amount
2 on deposit under each trust indenture securing Bonds issued
3 and outstanding pursuant to the Build Illinois Bond Act is
4 sufficient, taking into account any future investment income,
5 to fully provide, in accordance with such indenture, for the
6 defeasance of or the payment of the principal of, premium, if
7 any, and interest on the Bonds secured by such indenture and
8 on any Bonds expected to be issued thereafter and all fees
9 and costs payable with respect thereto, all as certified by
10 the Director of the Bureau of the Budget. If on the last
11 business day of any month in which Bonds are outstanding
12 pursuant to the Build Illinois Bond Act, the aggregate of the
13 moneys deposited in the Build Illinois Bond Account in the
14 Build Illinois Fund in such month shall be less than the
15 amount required to be transferred in such month from the
16 Build Illinois Bond Account to the Build Illinois Bond
17 Retirement and Interest Fund pursuant to Section 13 of the
18 Build Illinois Bond Act, an amount equal to such deficiency
19 shall be immediately paid from other moneys received by the
20 Department pursuant to the Tax Acts to the Build Illinois
21 Fund; provided, however, that any amounts paid to the Build
22 Illinois Fund in any fiscal year pursuant to this sentence
23 shall be deemed to constitute payments pursuant to clause (b)
24 of the preceding sentence and shall reduce the amount
25 otherwise payable for such fiscal year pursuant to clause (b)
26 of the preceding sentence. The moneys received by the
27 Department pursuant to this Act and required to be deposited
28 into the Build Illinois Fund are subject to the pledge, claim
29 and charge set forth in Section 12 of the Build Illinois Bond
30 Act.
31 Subject to payment of amounts into the Build Illinois
32 Fund as provided in the preceding paragraph or in any
33 amendment thereto hereafter enacted, the following specified
34 monthly installment of the amount requested in the
SB1010 Enrolled -17- SRS91SB0007ABge
1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority provided under Section 8.25f of the
3 State Finance Act, but not in excess of the sums designated
4 as "Total Deposit", shall be deposited in the aggregate from
5 collections under Section 9 of the Use Tax Act, Section 9 of
6 the Service Use Tax Act, Section 9 of the Service Occupation
7 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
8 into the McCormick Place Expansion Project Fund in the
9 specified fiscal years.
10 Fiscal Year Total Deposit
11 1993 $0
12 1994 53,000,000
13 1995 58,000,000
14 1996 61,000,000
15 1997 64,000,000
16 1998 68,000,000
17 1999 71,000,000
18 2000 75,000,000
19 2001 80,000,000
20 2002 84,000,000
21 2003 89,000,000
22 2004 93,000,000
23 2005 97,000,000
24 2006 102,000,000
25 2007 and 108,000,000 106,000,000
26 2008 115,000,000
27 2009 120,000,000
28 2010 126,000,000
29 2011 132,000,000
30 2012 138,000,000
31 2013 and 145,000,000
32 each fiscal year
33 thereafter that bonds
34 are outstanding under
SB1010 Enrolled -18- SRS91SB0007ABge
1 Section 13.2 of the
2 Metropolitan Pier and
3 Exposition Authority
4 Act, but not after fiscal year 2029.
5 Beginning July 20, 1993 and in each month of each fiscal
6 year thereafter, one-eighth of the amount requested in the
7 certificate of the Chairman of the Metropolitan Pier and
8 Exposition Authority for that fiscal year, less the amount
9 deposited into the McCormick Place Expansion Project Fund by
10 the State Treasurer in the respective month under subsection
11 (g) of Section 13 of the Metropolitan Pier and Exposition
12 Authority Act, plus cumulative deficiencies in the deposits
13 required under this Section for previous months and years,
14 shall be deposited into the McCormick Place Expansion Project
15 Fund, until the full amount requested for the fiscal year,
16 but not in excess of the amount specified above as "Total
17 Deposit", has been deposited.
18 Subject to payment of amounts into the Build Illinois
19 Fund and the McCormick Place Expansion Project Fund pursuant
20 to the preceding paragraphs or in any amendment thereto
21 hereafter enacted, each month the Department shall pay into
22 the Local Government Distributive Fund .4% of the net revenue
23 realized for the preceding month from the 5% general rate, or
24 .4% of 80% of the net revenue realized for the preceding
25 month from the 6.25% general rate, as the case may be, on the
26 selling price of tangible personal property which amount
27 shall, subject to appropriation, be distributed as provided
28 in Section 2 of the State Revenue Sharing Act. No payments or
29 distributions pursuant to this paragraph shall be made if the
30 tax imposed by this Act on photoprocessing products is
31 declared unconstitutional, or if the proceeds from such tax
32 are unavailable for distribution because of litigation.
33 Subject to payment of amounts into the Build Illinois
34 Fund, the McCormick Place Expansion Project Fund, and the
SB1010 Enrolled -19- SRS91SB0007ABge
1 Local Government Distributive Fund pursuant to the preceding
2 paragraphs or in any amendments thereto hereafter enacted,
3 beginning July 1, 1993, the Department shall each month pay
4 into the Illinois Tax Increment Fund 0.27% of 80% of the net
5 revenue realized for the preceding month from the 6.25%
6 general rate on the selling price of tangible personal
7 property.
8 Of the remainder of the moneys received by the Department
9 pursuant to this Act, 75% thereof shall be paid into the
10 State Treasury and 25% shall be reserved in a special account
11 and used only for the transfer to the Common School Fund as
12 part of the monthly transfer from the General Revenue Fund in
13 accordance with Section 8a of the State Finance Act.
14 As soon as possible after the first day of each month,
15 upon certification of the Department of Revenue, the
16 Comptroller shall order transferred and the Treasurer shall
17 transfer from the General Revenue Fund to the Motor Fuel Tax
18 Fund an amount equal to 1.7% of 80% of the net revenue
19 realized under this Act for the second preceding month;
20 except that this transfer shall not be made for the months
21 February through June of 1992.
22 Net revenue realized for a month shall be the revenue
23 collected by the State pursuant to this Act, less the amount
24 paid out during that month as refunds to taxpayers for
25 overpayment of liability.
26 For greater simplicity of administration, manufacturers,
27 importers and wholesalers whose products are sold at retail
28 in Illinois by numerous retailers, and who wish to do so, may
29 assume the responsibility for accounting and paying to the
30 Department all tax accruing under this Act with respect to
31 such sales, if the retailers who are affected do not make
32 written objection to the Department to this arrangement.
33 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96;
34 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.)
SB1010 Enrolled -20- SRS91SB0007ABge
1 Section 15. The Service Use Tax Act is amended by
2 changing Section 9 as follows:
3 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
4 Sec. 9. Each serviceman required or authorized to
5 collect the tax herein imposed shall pay to the Department
6 the amount of such tax (except as otherwise provided) at the
7 time when he is required to file his return for the period
8 during which such tax was collected, less a discount of 2.1%
9 prior to January 1, 1990 and 1.75% on and after January 1,
10 1990, or $5 per calendar year, whichever is greater, which is
11 allowed to reimburse the serviceman for expenses incurred in
12 collecting the tax, keeping records, preparing and filing
13 returns, remitting the tax and supplying data to the
14 Department on request. A serviceman need not remit that part
15 of any tax collected by him to the extent that he is required
16 to pay and does pay the tax imposed by the Service Occupation
17 Tax Act with respect to his sale of service involving the
18 incidental transfer by him of the same property.
19 Except as provided hereinafter in this Section, on or
20 before the twentieth day of each calendar month, such
21 serviceman shall file a return for the preceding calendar
22 month in accordance with reasonable Rules and Regulations to
23 be promulgated by the Department. Such return shall be filed
24 on a form prescribed by the Department and shall contain such
25 information as the Department may reasonably require.
26 The Department may require returns to be filed on a
27 quarterly basis. If so required, a return for each calendar
28 quarter shall be filed on or before the twentieth day of the
29 calendar month following the end of such calendar quarter.
30 The taxpayer shall also file a return with the Department for
31 each of the first two months of each calendar quarter, on or
32 before the twentieth day of the following calendar month,
33 stating:
SB1010 Enrolled -21- SRS91SB0007ABge
1 1. The name of the seller;
2 2. The address of the principal place of business
3 from which he engages in business as a serviceman in this
4 State;
5 3. The total amount of taxable receipts received by
6 him during the preceding calendar month, including
7 receipts from charge and time sales, but less all
8 deductions allowed by law;
9 4. The amount of credit provided in Section 2d of
10 this Act;
11 5. The amount of tax due;
12 5-5. The signature of the taxpayer; and
13 6. Such other reasonable information as the
14 Department may require.
15 If a taxpayer fails to sign a return within 30 days after
16 the proper notice and demand for signature by the Department,
17 the return shall be considered valid and any amount shown to
18 be due on the return shall be deemed assessed.
19 Beginning October 1, 1993, a taxpayer who has an average
20 monthly tax liability of $150,000 or more shall make all
21 payments required by rules of the Department by electronic
22 funds transfer. Beginning October 1, 1994, a taxpayer who
23 has an average monthly tax liability of $100,000 or more
24 shall make all payments required by rules of the Department
25 by electronic funds transfer. Beginning October 1, 1995, a
26 taxpayer who has an average monthly tax liability of $50,000
27 or more shall make all payments required by rules of the
28 Department by electronic funds transfer. The term "average
29 monthly tax liability" means the sum of the taxpayer's
30 liabilities under this Act, and under all other State and
31 local occupation and use tax laws administered by the
32 Department, for the immediately preceding calendar year
33 divided by 12.
34 Before August 1 of each year beginning in 1993, the
SB1010 Enrolled -22- SRS91SB0007ABge
1 Department shall notify all taxpayers required to make
2 payments by electronic funds transfer. All taxpayers required
3 to make payments by electronic funds transfer shall make
4 those payments for a minimum of one year beginning on October
5 1.
6 Any taxpayer not required to make payments by electronic
7 funds transfer may make payments by electronic funds transfer
8 with the permission of the Department.
9 All taxpayers required to make payment by electronic
10 funds transfer and any taxpayers authorized to voluntarily
11 make payments by electronic funds transfer shall make those
12 payments in the manner authorized by the Department.
13 The Department shall adopt such rules as are necessary to
14 effectuate a program of electronic funds transfer and the
15 requirements of this Section.
16 If the serviceman is otherwise required to file a monthly
17 return and if the serviceman's average monthly tax liability
18 to the Department does not exceed $200, the Department may
19 authorize his returns to be filed on a quarter annual basis,
20 with the return for January, February and March of a given
21 year being due by April 20 of such year; with the return for
22 April, May and June of a given year being due by July 20 of
23 such year; with the return for July, August and September of
24 a given year being due by October 20 of such year, and with
25 the return for October, November and December of a given year
26 being due by January 20 of the following year.
27 If the serviceman is otherwise required to file a monthly
28 or quarterly return and if the serviceman's average monthly
29 tax liability to the Department does not exceed $50, the
30 Department may authorize his returns to be filed on an annual
31 basis, with the return for a given year being due by January
32 20 of the following year.
33 Such quarter annual and annual returns, as to form and
34 substance, shall be subject to the same requirements as
SB1010 Enrolled -23- SRS91SB0007ABge
1 monthly returns.
2 Notwithstanding any other provision in this Act
3 concerning the time within which a serviceman may file his
4 return, in the case of any serviceman who ceases to engage in
5 a kind of business which makes him responsible for filing
6 returns under this Act, such serviceman shall file a final
7 return under this Act with the Department not more than 1
8 month after discontinuing such business.
9 Where a serviceman collects the tax with respect to the
10 selling price of property which he sells and the purchaser
11 thereafter returns such property and the serviceman refunds
12 the selling price thereof to the purchaser, such serviceman
13 shall also refund, to the purchaser, the tax so collected
14 from the purchaser. When filing his return for the period in
15 which he refunds such tax to the purchaser, the serviceman
16 may deduct the amount of the tax so refunded by him to the
17 purchaser from any other Service Use Tax, Service Occupation
18 Tax, retailers' occupation tax or use tax which such
19 serviceman may be required to pay or remit to the Department,
20 as shown by such return, provided that the amount of the tax
21 to be deducted shall previously have been remitted to the
22 Department by such serviceman. If the serviceman shall not
23 previously have remitted the amount of such tax to the
24 Department, he shall be entitled to no deduction hereunder
25 upon refunding such tax to the purchaser.
26 Any serviceman filing a return hereunder shall also
27 include the total tax upon the selling price of tangible
28 personal property purchased for use by him as an incident to
29 a sale of service, and such serviceman shall remit the amount
30 of such tax to the Department when filing such return.
31 If experience indicates such action to be practicable,
32 the Department may prescribe and furnish a combination or
33 joint return which will enable servicemen, who are required
34 to file returns hereunder and also under the Service
SB1010 Enrolled -24- SRS91SB0007ABge
1 Occupation Tax Act, to furnish all the return information
2 required by both Acts on the one form.
3 Where the serviceman has more than one business
4 registered with the Department under separate registration
5 hereunder, such serviceman shall not file each return that is
6 due as a single return covering all such registered
7 businesses, but shall file separate returns for each such
8 registered business.
9 Beginning January 1, 1990, each month the Department
10 shall pay into the State and Local Tax Reform Fund, a special
11 fund in the State Treasury, the net revenue realized for the
12 preceding month from the 1% tax on sales of food for human
13 consumption which is to be consumed off the premises where it
14 is sold (other than alcoholic beverages, soft drinks and food
15 which has been prepared for immediate consumption) and
16 prescription and nonprescription medicines, drugs, medical
17 appliances and insulin, urine testing materials, syringes and
18 needles used by diabetics.
19 Beginning January 1, 1990, each month the Department
20 shall pay into the State and Local Sales Tax Reform Fund 20%
21 of the net revenue realized for the preceding month from the
22 6.25% general rate on transfers of tangible personal
23 property, other than tangible personal property which is
24 purchased outside Illinois at retail from a retailer and
25 which is titled or registered by an agency of this State's
26 government.
27 Of the remainder of the moneys received by the Department
28 pursuant to this Act, (a) 1.75% thereof shall be paid into
29 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
30 and on and after July 1, 1989, 3.8% thereof shall be paid
31 into the Build Illinois Fund; provided, however, that if in
32 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
33 as the case may be, of the moneys received by the Department
34 and required to be paid into the Build Illinois Fund pursuant
SB1010 Enrolled -25- SRS91SB0007ABge
1 to Section 3 of the Retailers' Occupation Tax Act, Section 9
2 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
3 Section 9 of the Service Occupation Tax Act, such Acts being
4 hereinafter called the "Tax Acts" and such aggregate of 2.2%
5 or 3.8%, as the case may be, of moneys being hereinafter
6 called the "Tax Act Amount", and (2) the amount transferred
7 to the Build Illinois Fund from the State and Local Sales Tax
8 Reform Fund shall be less than the Annual Specified Amount
9 (as defined in Section 3 of the Retailers' Occupation Tax
10 Act), an amount equal to the difference shall be immediately
11 paid into the Build Illinois Fund from other moneys received
12 by the Department pursuant to the Tax Acts; and further
13 provided, that if on the last business day of any month the
14 sum of (1) the Tax Act Amount required to be deposited into
15 the Build Illinois Bond Account in the Build Illinois Fund
16 during such month and (2) the amount transferred during such
17 month to the Build Illinois Fund from the State and Local
18 Sales Tax Reform Fund shall have been less than 1/12 of the
19 Annual Specified Amount, an amount equal to the difference
20 shall be immediately paid into the Build Illinois Fund from
21 other moneys received by the Department pursuant to the Tax
22 Acts; and, further provided, that in no event shall the
23 payments required under the preceding proviso result in
24 aggregate payments into the Build Illinois Fund pursuant to
25 this clause (b) for any fiscal year in excess of the greater
26 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
27 for such fiscal year; and, further provided, that the amounts
28 payable into the Build Illinois Fund under this clause (b)
29 shall be payable only until such time as the aggregate amount
30 on deposit under each trust indenture securing Bonds issued
31 and outstanding pursuant to the Build Illinois Bond Act is
32 sufficient, taking into account any future investment income,
33 to fully provide, in accordance with such indenture, for the
34 defeasance of or the payment of the principal of, premium, if
SB1010 Enrolled -26- SRS91SB0007ABge
1 any, and interest on the Bonds secured by such indenture and
2 on any Bonds expected to be issued thereafter and all fees
3 and costs payable with respect thereto, all as certified by
4 the Director of the Bureau of the Budget. If on the last
5 business day of any month in which Bonds are outstanding
6 pursuant to the Build Illinois Bond Act, the aggregate of the
7 moneys deposited in the Build Illinois Bond Account in the
8 Build Illinois Fund in such month shall be less than the
9 amount required to be transferred in such month from the
10 Build Illinois Bond Account to the Build Illinois Bond
11 Retirement and Interest Fund pursuant to Section 13 of the
12 Build Illinois Bond Act, an amount equal to such deficiency
13 shall be immediately paid from other moneys received by the
14 Department pursuant to the Tax Acts to the Build Illinois
15 Fund; provided, however, that any amounts paid to the Build
16 Illinois Fund in any fiscal year pursuant to this sentence
17 shall be deemed to constitute payments pursuant to clause (b)
18 of the preceding sentence and shall reduce the amount
19 otherwise payable for such fiscal year pursuant to clause (b)
20 of the preceding sentence. The moneys received by the
21 Department pursuant to this Act and required to be deposited
22 into the Build Illinois Fund are subject to the pledge, claim
23 and charge set forth in Section 12 of the Build Illinois Bond
24 Act.
25 Subject to payment of amounts into the Build Illinois
26 Fund as provided in the preceding paragraph or in any
27 amendment thereto hereafter enacted, the following specified
28 monthly installment of the amount requested in the
29 certificate of the Chairman of the Metropolitan Pier and
30 Exposition Authority provided under Section 8.25f of the
31 State Finance Act, but not in excess of the sums designated
32 as "Total Deposit", shall be deposited in the aggregate from
33 collections under Section 9 of the Use Tax Act, Section 9 of
34 the Service Use Tax Act, Section 9 of the Service Occupation
SB1010 Enrolled -27- SRS91SB0007ABge
1 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
2 into the McCormick Place Expansion Project Fund in the
3 specified fiscal years.
4 Fiscal Year Total Deposit
5 1993 $0
6 1994 53,000,000
7 1995 58,000,000
8 1996 61,000,000
9 1997 64,000,000
10 1998 68,000,000
11 1999 71,000,000
12 2000 75,000,000
13 2001 80,000,000
14 2002 84,000,000
15 2003 89,000,000
16 2004 93,000,000
17 2005 97,000,000
18 2006 102,000,000
19 2007 and 108,000,000 106,000,000
20 2008 115,000,000
21 2009 120,000,000
22 2010 126,000,000
23 2011 132,000,000
24 2012 138,000,000
25 2013 and 145,000,000
26 each fiscal year
27 thereafter that bonds
28 are outstanding under
29 Section 13.2 of the
30 Metropolitan Pier and
31 Exposition Authority Act,
32 but not after fiscal year 2029.
33 Beginning July 20, 1993 and in each month of each fiscal
34 year thereafter, one-eighth of the amount requested in the
SB1010 Enrolled -28- SRS91SB0007ABge
1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority for that fiscal year, less the amount
3 deposited into the McCormick Place Expansion Project Fund by
4 the State Treasurer in the respective month under subsection
5 (g) of Section 13 of the Metropolitan Pier and Exposition
6 Authority Act, plus cumulative deficiencies in the deposits
7 required under this Section for previous months and years,
8 shall be deposited into the McCormick Place Expansion Project
9 Fund, until the full amount requested for the fiscal year,
10 but not in excess of the amount specified above as "Total
11 Deposit", has been deposited.
12 Subject to payment of amounts into the Build Illinois
13 Fund and the McCormick Place Expansion Project Fund pursuant
14 to the preceding paragraphs or in any amendment thereto
15 hereafter enacted, each month the Department shall pay into
16 the Local Government Distributive Fund 0.4% of the net
17 revenue realized for the preceding month from the 5% general
18 rate or 0.4% of 80% of the net revenue realized for the
19 preceding month from the 6.25% general rate, as the case may
20 be, on the selling price of tangible personal property which
21 amount shall, subject to appropriation, be distributed as
22 provided in Section 2 of the State Revenue Sharing Act. No
23 payments or distributions pursuant to this paragraph shall be
24 made if the tax imposed by this Act on photo processing
25 products is declared unconstitutional, or if the proceeds
26 from such tax are unavailable for distribution because of
27 litigation.
28 Subject to payment of amounts into the Build Illinois
29 Fund, the McCormick Place Expansion Project Fund, and the
30 Local Government Distributive Fund pursuant to the preceding
31 paragraphs or in any amendments thereto hereafter enacted,
32 beginning July 1, 1993, the Department shall each month pay
33 into the Illinois Tax Increment Fund 0.27% of 80% of the net
34 revenue realized for the preceding month from the 6.25%
SB1010 Enrolled -29- SRS91SB0007ABge
1 general rate on the selling price of tangible personal
2 property.
3 All remaining moneys received by the Department pursuant
4 to this Act shall be paid into the General Revenue Fund of
5 the State Treasury.
6 As soon as possible after the first day of each month,
7 upon certification of the Department of Revenue, the
8 Comptroller shall order transferred and the Treasurer shall
9 transfer from the General Revenue Fund to the Motor Fuel Tax
10 Fund an amount equal to 1.7% of 80% of the net revenue
11 realized under this Act for the second preceding month;
12 except that this transfer shall not be made for the months
13 February through June, 1992.
14 Net revenue realized for a month shall be the revenue
15 collected by the State pursuant to this Act, less the amount
16 paid out during that month as refunds to taxpayers for
17 overpayment of liability.
18 (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.)
19 Section 20. The Service Occupation Tax Act is amended by
20 changing Section 9 as follows:
21 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
22 Sec. 9. Each serviceman required or authorized to
23 collect the tax herein imposed shall pay to the Department
24 the amount of such tax at the time when he is required to
25 file his return for the period during which such tax was
26 collectible, less a discount of 2.1% prior to January 1,
27 1990, and 1.75% on and after January 1, 1990, or $5 per
28 calendar year, whichever is greater, which is allowed to
29 reimburse the serviceman for expenses incurred in collecting
30 the tax, keeping records, preparing and filing returns,
31 remitting the tax and supplying data to the Department on
32 request.
SB1010 Enrolled -30- SRS91SB0007ABge
1 Where such tangible personal property is sold under a
2 conditional sales contract, or under any other form of sale
3 wherein the payment of the principal sum, or a part thereof,
4 is extended beyond the close of the period for which the
5 return is filed, the serviceman, in collecting the tax may
6 collect, for each tax return period, only the tax applicable
7 to the part of the selling price actually received during
8 such tax return period.
9 Except as provided hereinafter in this Section, on or
10 before the twentieth day of each calendar month, such
11 serviceman shall file a return for the preceding calendar
12 month in accordance with reasonable rules and regulations to
13 be promulgated by the Department of Revenue. Such return
14 shall be filed on a form prescribed by the Department and
15 shall contain such information as the Department may
16 reasonably require.
17 The Department may require returns to be filed on a
18 quarterly basis. If so required, a return for each calendar
19 quarter shall be filed on or before the twentieth day of the
20 calendar month following the end of such calendar quarter.
21 The taxpayer shall also file a return with the Department for
22 each of the first two months of each calendar quarter, on or
23 before the twentieth day of the following calendar month,
24 stating:
25 1. The name of the seller;
26 2. The address of the principal place of business
27 from which he engages in business as a serviceman in this
28 State;
29 3. The total amount of taxable receipts received by
30 him during the preceding calendar month, including
31 receipts from charge and time sales, but less all
32 deductions allowed by law;
33 4. The amount of credit provided in Section 2d of
34 this Act;
SB1010 Enrolled -31- SRS91SB0007ABge
1 5. The amount of tax due;
2 5-5. The signature of the taxpayer; and
3 6. Such other reasonable information as the
4 Department may require.
5 If a taxpayer fails to sign a return within 30 days after
6 the proper notice and demand for signature by the Department,
7 the return shall be considered valid and any amount shown to
8 be due on the return shall be deemed assessed.
9 A serviceman may accept a Manufacturer's Purchase Credit
10 certification from a purchaser in satisfaction of Service Use
11 Tax as provided in Section 3-70 of the Service Use Tax Act if
12 the purchaser provides the appropriate documentation as
13 required by Section 3-70 of the Service Use Tax Act. A
14 Manufacturer's Purchase Credit certification, accepted by a
15 serviceman as provided in Section 3-70 of the Service Use Tax
16 Act, may be used by that serviceman to satisfy Service
17 Occupation Tax liability in the amount claimed in the
18 certification, not to exceed 6.25% of the receipts subject to
19 tax from a qualifying purchase.
20 If the serviceman's average monthly tax liability to the
21 Department does not exceed $200, the Department may authorize
22 his returns to be filed on a quarter annual basis, with the
23 return for January, February and March of a given year being
24 due by April 20 of such year; with the return for April, May
25 and June of a given year being due by July 20 of such year;
26 with the return for July, August and September of a given
27 year being due by October 20 of such year, and with the
28 return for October, November and December of a given year
29 being due by January 20 of the following year.
30 If the serviceman's average monthly tax liability to the
31 Department does not exceed $50, the Department may authorize
32 his returns to be filed on an annual basis, with the return
33 for a given year being due by January 20 of the following
34 year.
SB1010 Enrolled -32- SRS91SB0007ABge
1 Such quarter annual and annual returns, as to form and
2 substance, shall be subject to the same requirements as
3 monthly returns.
4 Notwithstanding any other provision in this Act
5 concerning the time within which a serviceman may file his
6 return, in the case of any serviceman who ceases to engage in
7 a kind of business which makes him responsible for filing
8 returns under this Act, such serviceman shall file a final
9 return under this Act with the Department not more than 1
10 month after discontinuing such business.
11 Beginning October 1, 1993, a taxpayer who has an average
12 monthly tax liability of $150,000 or more shall make all
13 payments required by rules of the Department by electronic
14 funds transfer. Beginning October 1, 1994, a taxpayer who
15 has an average monthly tax liability of $100,000 or more
16 shall make all payments required by rules of the Department
17 by electronic funds transfer. Beginning October 1, 1995, a
18 taxpayer who has an average monthly tax liability of $50,000
19 or more shall make all payments required by rules of the
20 Department by electronic funds transfer. The term "average
21 monthly tax liability" means the sum of the taxpayer's
22 liabilities under this Act, and under all other State and
23 local occupation and use tax laws administered by the
24 Department, for the immediately preceding calendar year
25 divided by 12.
26 Before August 1 of each year beginning in 1993, the
27 Department shall notify all taxpayers required to make
28 payments by electronic funds transfer. All taxpayers
29 required to make payments by electronic funds transfer shall
30 make those payments for a minimum of one year beginning on
31 October 1.
32 Any taxpayer not required to make payments by electronic
33 funds transfer may make payments by electronic funds transfer
34 with the permission of the Department.
SB1010 Enrolled -33- SRS91SB0007ABge
1 All taxpayers required to make payment by electronic
2 funds transfer and any taxpayers authorized to voluntarily
3 make payments by electronic funds transfer shall make those
4 payments in the manner authorized by the Department.
5 The Department shall adopt such rules as are necessary to
6 effectuate a program of electronic funds transfer and the
7 requirements of this Section.
8 Where a serviceman collects the tax with respect to the
9 selling price of tangible personal property which he sells
10 and the purchaser thereafter returns such tangible personal
11 property and the serviceman refunds the selling price thereof
12 to the purchaser, such serviceman shall also refund, to the
13 purchaser, the tax so collected from the purchaser. When
14 filing his return for the period in which he refunds such tax
15 to the purchaser, the serviceman may deduct the amount of the
16 tax so refunded by him to the purchaser from any other
17 Service Occupation Tax, Service Use Tax, Retailers'
18 Occupation Tax or Use Tax which such serviceman may be
19 required to pay or remit to the Department, as shown by such
20 return, provided that the amount of the tax to be deducted
21 shall previously have been remitted to the Department by such
22 serviceman. If the serviceman shall not previously have
23 remitted the amount of such tax to the Department, he shall
24 be entitled to no deduction hereunder upon refunding such tax
25 to the purchaser.
26 If experience indicates such action to be practicable,
27 the Department may prescribe and furnish a combination or
28 joint return which will enable servicemen, who are required
29 to file returns hereunder and also under the Retailers'
30 Occupation Tax Act, the Use Tax Act or the Service Use Tax
31 Act, to furnish all the return information required by all
32 said Acts on the one form.
33 Where the serviceman has more than one business
34 registered with the Department under separate registrations
SB1010 Enrolled -34- SRS91SB0007ABge
1 hereunder, such serviceman shall file separate returns for
2 each registered business.
3 Beginning January 1, 1990, each month the Department
4 shall pay into the Local Government Tax Fund the revenue
5 realized for the preceding month from the 1% tax on sales of
6 food for human consumption which is to be consumed off the
7 premises where it is sold (other than alcoholic beverages,
8 soft drinks and food which has been prepared for immediate
9 consumption) and prescription and nonprescription medicines,
10 drugs, medical appliances and insulin, urine testing
11 materials, syringes and needles used by diabetics.
12 Beginning January 1, 1990, each month the Department
13 shall pay into the County and Mass Transit District Fund 4%
14 of the revenue realized for the preceding month from the
15 6.25% general rate.
16 Beginning January 1, 1990, each month the Department
17 shall pay into the Local Government Tax Fund 16% of the
18 revenue realized for the preceding month from the 6.25%
19 general rate on transfers of tangible personal property.
20 Of the remainder of the moneys received by the Department
21 pursuant to this Act, (a) 1.75% thereof shall be paid into
22 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
23 and on and after July 1, 1989, 3.8% thereof shall be paid
24 into the Build Illinois Fund; provided, however, that if in
25 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
26 as the case may be, of the moneys received by the Department
27 and required to be paid into the Build Illinois Fund pursuant
28 to Section 3 of the Retailers' Occupation Tax Act, Section 9
29 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
30 Section 9 of the Service Occupation Tax Act, such Acts being
31 hereinafter called the "Tax Acts" and such aggregate of 2.2%
32 or 3.8%, as the case may be, of moneys being hereinafter
33 called the "Tax Act Amount", and (2) the amount transferred
34 to the Build Illinois Fund from the State and Local Sales Tax
SB1010 Enrolled -35- SRS91SB0007ABge
1 Reform Fund shall be less than the Annual Specified Amount
2 (as defined in Section 3 of the Retailers' Occupation Tax
3 Act), an amount equal to the difference shall be immediately
4 paid into the Build Illinois Fund from other moneys received
5 by the Department pursuant to the Tax Acts; and further
6 provided, that if on the last business day of any month the
7 sum of (1) the Tax Act Amount required to be deposited into
8 the Build Illinois Account in the Build Illinois Fund during
9 such month and (2) the amount transferred during such month
10 to the Build Illinois Fund from the State and Local Sales Tax
11 Reform Fund shall have been less than 1/12 of the Annual
12 Specified Amount, an amount equal to the difference shall be
13 immediately paid into the Build Illinois Fund from other
14 moneys received by the Department pursuant to the Tax Acts;
15 and, further provided, that in no event shall the payments
16 required under the preceding proviso result in aggregate
17 payments into the Build Illinois Fund pursuant to this clause
18 (b) for any fiscal year in excess of the greater of (i) the
19 Tax Act Amount or (ii) the Annual Specified Amount for such
20 fiscal year; and, further provided, that the amounts payable
21 into the Build Illinois Fund under this clause (b) shall be
22 payable only until such time as the aggregate amount on
23 deposit under each trust indenture securing Bonds issued and
24 outstanding pursuant to the Build Illinois Bond Act is
25 sufficient, taking into account any future investment income,
26 to fully provide, in accordance with such indenture, for the
27 defeasance of or the payment of the principal of, premium, if
28 any, and interest on the Bonds secured by such indenture and
29 on any Bonds expected to be issued thereafter and all fees
30 and costs payable with respect thereto, all as certified by
31 the Director of the Bureau of the Budget. If on the last
32 business day of any month in which Bonds are outstanding
33 pursuant to the Build Illinois Bond Act, the aggregate of the
34 moneys deposited in the Build Illinois Bond Account in the
SB1010 Enrolled -36- SRS91SB0007ABge
1 Build Illinois Fund in such month shall be less than the
2 amount required to be transferred in such month from the
3 Build Illinois Bond Account to the Build Illinois Bond
4 Retirement and Interest Fund pursuant to Section 13 of the
5 Build Illinois Bond Act, an amount equal to such deficiency
6 shall be immediately paid from other moneys received by the
7 Department pursuant to the Tax Acts to the Build Illinois
8 Fund; provided, however, that any amounts paid to the Build
9 Illinois Fund in any fiscal year pursuant to this sentence
10 shall be deemed to constitute payments pursuant to clause (b)
11 of the preceding sentence and shall reduce the amount
12 otherwise payable for such fiscal year pursuant to clause (b)
13 of the preceding sentence. The moneys received by the
14 Department pursuant to this Act and required to be deposited
15 into the Build Illinois Fund are subject to the pledge, claim
16 and charge set forth in Section 12 of the Build Illinois Bond
17 Act.
18 Subject to payment of amounts into the Build Illinois
19 Fund as provided in the preceding paragraph or in any
20 amendment thereto hereafter enacted, the following specified
21 monthly installment of the amount requested in the
22 certificate of the Chairman of the Metropolitan Pier and
23 Exposition Authority provided under Section 8.25f of the
24 State Finance Act, but not in excess of the sums designated
25 as "Total Deposit", shall be deposited in the aggregate from
26 collections under Section 9 of the Use Tax Act, Section 9 of
27 the Service Use Tax Act, Section 9 of the Service Occupation
28 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
29 into the McCormick Place Expansion Project Fund in the
30 specified fiscal years.
31 Fiscal Year Total Deposit
32 1993 $0
33 1994 53,000,000
34 1995 58,000,000
SB1010 Enrolled -37- SRS91SB0007ABge
1 1996 61,000,000
2 1997 64,000,000
3 1998 68,000,000
4 1999 71,000,000
5 2000 75,000,000
6 2001 80,000,000
7 2002 84,000,000
8 2003 89,000,000
9 2004 93,000,000
10 2005 97,000,000
11 2006 102,000,000
12 2007 and 108,000,000 106,000,000
13 2008 115,000,000
14 2009 120,000,000
15 2010 126,000,000
16 2011 132,000,000
17 2012 138,000,000
18 2013 and 145,000,000
19 each fiscal year
20 thereafter that bonds
21 are outstanding under
22 Section 13.2 of the
23 Metropolitan Pier and
24 Exposition Authority
25 Act, but not after fiscal year 2029.
26 Beginning July 20, 1993 and in each month of each fiscal
27 year thereafter, one-eighth of the amount requested in the
28 certificate of the Chairman of the Metropolitan Pier and
29 Exposition Authority for that fiscal year, less the amount
30 deposited into the McCormick Place Expansion Project Fund by
31 the State Treasurer in the respective month under subsection
32 (g) of Section 13 of the Metropolitan Pier and Exposition
33 Authority Act, plus cumulative deficiencies in the deposits
34 required under this Section for previous months and years,
SB1010 Enrolled -38- SRS91SB0007ABge
1 shall be deposited into the McCormick Place Expansion Project
2 Fund, until the full amount requested for the fiscal year,
3 but not in excess of the amount specified above as "Total
4 Deposit", has been deposited.
5 Subject to payment of amounts into the Build Illinois
6 Fund and the McCormick Place Expansion Project Fund pursuant
7 to the preceding paragraphs or in any amendment thereto
8 hereafter enacted, each month the Department shall pay into
9 the Local Government Distributive Fund 0.4% of the net
10 revenue realized for the preceding month from the 5% general
11 rate or 0.4% of 80% of the net revenue realized for the
12 preceding month from the 6.25% general rate, as the case may
13 be, on the selling price of tangible personal property which
14 amount shall, subject to appropriation, be distributed as
15 provided in Section 2 of the State Revenue Sharing Act. No
16 payments or distributions pursuant to this paragraph shall be
17 made if the tax imposed by this Act on photoprocessing
18 products is declared unconstitutional, or if the proceeds
19 from such tax are unavailable for distribution because of
20 litigation.
21 Subject to payment of amounts into the Build Illinois
22 Fund, the McCormick Place Expansion Project Fund, and the
23 Local Government Distributive Fund pursuant to the preceding
24 paragraphs or in any amendments thereto hereafter enacted,
25 beginning July 1, 1993, the Department shall each month pay
26 into the Illinois Tax Increment Fund 0.27% of 80% of the net
27 revenue realized for the preceding month from the 6.25%
28 general rate on the selling price of tangible personal
29 property.
30 Remaining moneys received by the Department pursuant to
31 this Act shall be paid into the General Revenue Fund of the
32 State Treasury.
33 The Department may, upon separate written notice to a
34 taxpayer, require the taxpayer to prepare and file with the
SB1010 Enrolled -39- SRS91SB0007ABge
1 Department on a form prescribed by the Department within not
2 less than 60 days after receipt of the notice an annual
3 information return for the tax year specified in the notice.
4 Such annual return to the Department shall include a
5 statement of gross receipts as shown by the taxpayer's last
6 Federal income tax return. If the total receipts of the
7 business as reported in the Federal income tax return do not
8 agree with the gross receipts reported to the Department of
9 Revenue for the same period, the taxpayer shall attach to his
10 annual return a schedule showing a reconciliation of the 2
11 amounts and the reasons for the difference. The taxpayer's
12 annual return to the Department shall also disclose the cost
13 of goods sold by the taxpayer during the year covered by such
14 return, opening and closing inventories of such goods for
15 such year, cost of goods used from stock or taken from stock
16 and given away by the taxpayer during such year, pay roll
17 information of the taxpayer's business during such year and
18 any additional reasonable information which the Department
19 deems would be helpful in determining the accuracy of the
20 monthly, quarterly or annual returns filed by such taxpayer
21 as hereinbefore provided for in this Section.
22 If the annual information return required by this Section
23 is not filed when and as required, the taxpayer shall be
24 liable as follows:
25 (i) Until January 1, 1994, the taxpayer shall be
26 liable for a penalty equal to 1/6 of 1% of the tax due
27 from such taxpayer under this Act during the period to be
28 covered by the annual return for each month or fraction
29 of a month until such return is filed as required, the
30 penalty to be assessed and collected in the same manner
31 as any other penalty provided for in this Act.
32 (ii) On and after January 1, 1994, the taxpayer
33 shall be liable for a penalty as described in Section 3-4
34 of the Uniform Penalty and Interest Act.
SB1010 Enrolled -40- SRS91SB0007ABge
1 The chief executive officer, proprietor, owner or highest
2 ranking manager shall sign the annual return to certify the
3 accuracy of the information contained therein. Any person
4 who willfully signs the annual return containing false or
5 inaccurate information shall be guilty of perjury and
6 punished accordingly. The annual return form prescribed by
7 the Department shall include a warning that the person
8 signing the return may be liable for perjury.
9 The foregoing portion of this Section concerning the
10 filing of an annual information return shall not apply to a
11 serviceman who is not required to file an income tax return
12 with the United States Government.
13 As soon as possible after the first day of each month,
14 upon certification of the Department of Revenue, the
15 Comptroller shall order transferred and the Treasurer shall
16 transfer from the General Revenue Fund to the Motor Fuel Tax
17 Fund an amount equal to 1.7% of 80% of the net revenue
18 realized under this Act for the second preceding month;
19 except that this transfer shall not be made for the months
20 February through June, 1992.
21 Net revenue realized for a month shall be the revenue
22 collected by the State pursuant to this Act, less the amount
23 paid out during that month as refunds to taxpayers for
24 overpayment of liability.
25 For greater simplicity of administration, it shall be
26 permissible for manufacturers, importers and wholesalers
27 whose products are sold by numerous servicemen in Illinois,
28 and who wish to do so, to assume the responsibility for
29 accounting and paying to the Department all tax accruing
30 under this Act with respect to such sales, if the servicemen
31 who are affected do not make written objection to the
32 Department to this arrangement.
33 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
34 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff.
SB1010 Enrolled -41- SRS91SB0007ABge
1 7-8-98.)
2 Section 25. The Retailers' Occupation Tax Act is amended
3 by changing Section 3 as follows:
4 (35 ILCS 120/3) (from Ch. 120, par. 442)
5 Sec. 3. Except as provided in this Section, on or before
6 the twentieth day of each calendar month, every person
7 engaged in the business of selling tangible personal property
8 at retail in this State during the preceding calendar month
9 shall file a return with the Department, stating:
10 1. The name of the seller;
11 2. His residence address and the address of his
12 principal place of business and the address of the
13 principal place of business (if that is a different
14 address) from which he engages in the business of selling
15 tangible personal property at retail in this State;
16 3. Total amount of receipts received by him during
17 the preceding calendar month or quarter, as the case may
18 be, from sales of tangible personal property, and from
19 services furnished, by him during such preceding calendar
20 month or quarter;
21 4. Total amount received by him during the
22 preceding calendar month or quarter on charge and time
23 sales of tangible personal property, and from services
24 furnished, by him prior to the month or quarter for which
25 the return is filed;
26 5. Deductions allowed by law;
27 6. Gross receipts which were received by him during
28 the preceding calendar month or quarter and upon the
29 basis of which the tax is imposed;
30 7. The amount of credit provided in Section 2d of
31 this Act;
32 8. The amount of tax due;
SB1010 Enrolled -42- SRS91SB0007ABge
1 9. The signature of the taxpayer; and
2 10. Such other reasonable information as the
3 Department may require.
4 If a taxpayer fails to sign a return within 30 days after
5 the proper notice and demand for signature by the Department,
6 the return shall be considered valid and any amount shown to
7 be due on the return shall be deemed assessed.
8 Each return shall be accompanied by the statement of
9 prepaid tax issued pursuant to Section 2e for which credit is
10 claimed.
11 A retailer may accept a Manufacturer's Purchase Credit
12 certification from a purchaser in satisfaction of Use Tax as
13 provided in Section 3-85 of the Use Tax Act if the purchaser
14 provides the appropriate documentation as required by Section
15 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
16 certification, accepted by a retailer as provided in Section
17 3-85 of the Use Tax Act, may be used by that retailer to
18 satisfy Retailers' Occupation Tax liability in the amount
19 claimed in the certification, not to exceed 6.25% of the
20 receipts subject to tax from a qualifying purchase.
21 The Department may require returns to be filed on a
22 quarterly basis. If so required, a return for each calendar
23 quarter shall be filed on or before the twentieth day of the
24 calendar month following the end of such calendar quarter.
25 The taxpayer shall also file a return with the Department for
26 each of the first two months of each calendar quarter, on or
27 before the twentieth day of the following calendar month,
28 stating:
29 1. The name of the seller;
30 2. The address of the principal place of business
31 from which he engages in the business of selling tangible
32 personal property at retail in this State;
33 3. The total amount of taxable receipts received by
34 him during the preceding calendar month from sales of
SB1010 Enrolled -43- SRS91SB0007ABge
1 tangible personal property by him during such preceding
2 calendar month, including receipts from charge and time
3 sales, but less all deductions allowed by law;
4 4. The amount of credit provided in Section 2d of
5 this Act;
6 5. The amount of tax due; and
7 6. Such other reasonable information as the
8 Department may require.
9 If a total amount of less than $1 is payable, refundable
10 or creditable, such amount shall be disregarded if it is less
11 than 50 cents and shall be increased to $1 if it is 50 cents
12 or more.
13 Beginning October 1, 1993, a taxpayer who has an average
14 monthly tax liability of $150,000 or more shall make all
15 payments required by rules of the Department by electronic
16 funds transfer. Beginning October 1, 1994, a taxpayer who
17 has an average monthly tax liability of $100,000 or more
18 shall make all payments required by rules of the Department
19 by electronic funds transfer. Beginning October 1, 1995, a
20 taxpayer who has an average monthly tax liability of $50,000
21 or more shall make all payments required by rules of the
22 Department by electronic funds transfer. The term "average
23 monthly tax liability" shall be the sum of the taxpayer's
24 liabilities under this Act, and under all other State and
25 local occupation and use tax laws administered by the
26 Department, for the immediately preceding calendar year
27 divided by 12.
28 Before August 1 of each year beginning in 1993, the
29 Department shall notify all taxpayers required to make
30 payments by electronic funds transfer. All taxpayers
31 required to make payments by electronic funds transfer shall
32 make those payments for a minimum of one year beginning on
33 October 1.
34 Any taxpayer not required to make payments by electronic
SB1010 Enrolled -44- SRS91SB0007ABge
1 funds transfer may make payments by electronic funds transfer
2 with the permission of the Department.
3 All taxpayers required to make payment by electronic
4 funds transfer and any taxpayers authorized to voluntarily
5 make payments by electronic funds transfer shall make those
6 payments in the manner authorized by the Department.
7 The Department shall adopt such rules as are necessary to
8 effectuate a program of electronic funds transfer and the
9 requirements of this Section.
10 Any amount which is required to be shown or reported on
11 any return or other document under this Act shall, if such
12 amount is not a whole-dollar amount, be increased to the
13 nearest whole-dollar amount in any case where the fractional
14 part of a dollar is 50 cents or more, and decreased to the
15 nearest whole-dollar amount where the fractional part of a
16 dollar is less than 50 cents.
17 If the retailer is otherwise required to file a monthly
18 return and if the retailer's average monthly tax liability to
19 the Department does not exceed $200, the Department may
20 authorize his returns to be filed on a quarter annual basis,
21 with the return for January, February and March of a given
22 year being due by April 20 of such year; with the return for
23 April, May and June of a given year being due by July 20 of
24 such year; with the return for July, August and September of
25 a given year being due by October 20 of such year, and with
26 the return for October, November and December of a given year
27 being due by January 20 of the following year.
28 If the retailer is otherwise required to file a monthly
29 or quarterly return and if the retailer's average monthly tax
30 liability with the Department does not exceed $50, the
31 Department may authorize his returns to be filed on an annual
32 basis, with the return for a given year being due by January
33 20 of the following year.
34 Such quarter annual and annual returns, as to form and
SB1010 Enrolled -45- SRS91SB0007ABge
1 substance, shall be subject to the same requirements as
2 monthly returns.
3 Notwithstanding any other provision in this Act
4 concerning the time within which a retailer may file his
5 return, in the case of any retailer who ceases to engage in a
6 kind of business which makes him responsible for filing
7 returns under this Act, such retailer shall file a final
8 return under this Act with the Department not more than one
9 month after discontinuing such business.
10 Where the same person has more than one business
11 registered with the Department under separate registrations
12 under this Act, such person may not file each return that is
13 due as a single return covering all such registered
14 businesses, but shall file separate returns for each such
15 registered business.
16 In addition, with respect to motor vehicles, watercraft,
17 aircraft, and trailers that are required to be registered
18 with an agency of this State, every retailer selling this
19 kind of tangible personal property shall file, with the
20 Department, upon a form to be prescribed and supplied by the
21 Department, a separate return for each such item of tangible
22 personal property which the retailer sells, except that
23 where, in the same transaction, a retailer of aircraft,
24 watercraft, motor vehicles or trailers transfers more than
25 one aircraft, watercraft, motor vehicle or trailer to another
26 aircraft, watercraft, motor vehicle retailer or trailer
27 retailer for the purpose of resale, that seller for resale
28 may report the transfer of all aircraft, watercraft, motor
29 vehicles or trailers involved in that transaction to the
30 Department on the same uniform invoice-transaction reporting
31 return form. For purposes of this Section, "watercraft"
32 means a Class 2, Class 3, or Class 4 watercraft as defined in
33 Section 3-2 of the Boat Registration and Safety Act, a
34 personal watercraft, or any boat equipped with an inboard
SB1010 Enrolled -46- SRS91SB0007ABge
1 motor.
2 Any retailer who sells only motor vehicles, watercraft,
3 aircraft, or trailers that are required to be registered with
4 an agency of this State, so that all retailers' occupation
5 tax liability is required to be reported, and is reported, on
6 such transaction reporting returns and who is not otherwise
7 required to file monthly or quarterly returns, need not file
8 monthly or quarterly returns. However, those retailers shall
9 be required to file returns on an annual basis.
10 The transaction reporting return, in the case of motor
11 vehicles or trailers that are required to be registered with
12 an agency of this State, shall be the same document as the
13 Uniform Invoice referred to in Section 5-402 of The Illinois
14 Vehicle Code and must show the name and address of the
15 seller; the name and address of the purchaser; the amount of
16 the selling price including the amount allowed by the
17 retailer for traded-in property, if any; the amount allowed
18 by the retailer for the traded-in tangible personal property,
19 if any, to the extent to which Section 1 of this Act allows
20 an exemption for the value of traded-in property; the balance
21 payable after deducting such trade-in allowance from the
22 total selling price; the amount of tax due from the retailer
23 with respect to such transaction; the amount of tax collected
24 from the purchaser by the retailer on such transaction (or
25 satisfactory evidence that such tax is not due in that
26 particular instance, if that is claimed to be the fact); the
27 place and date of the sale; a sufficient identification of
28 the property sold; such other information as is required in
29 Section 5-402 of The Illinois Vehicle Code, and such other
30 information as the Department may reasonably require.
31 The transaction reporting return in the case of
32 watercraft or aircraft must show the name and address of the
33 seller; the name and address of the purchaser; the amount of
34 the selling price including the amount allowed by the
SB1010 Enrolled -47- SRS91SB0007ABge
1 retailer for traded-in property, if any; the amount allowed
2 by the retailer for the traded-in tangible personal property,
3 if any, to the extent to which Section 1 of this Act allows
4 an exemption for the value of traded-in property; the balance
5 payable after deducting such trade-in allowance from the
6 total selling price; the amount of tax due from the retailer
7 with respect to such transaction; the amount of tax collected
8 from the purchaser by the retailer on such transaction (or
9 satisfactory evidence that such tax is not due in that
10 particular instance, if that is claimed to be the fact); the
11 place and date of the sale, a sufficient identification of
12 the property sold, and such other information as the
13 Department may reasonably require.
14 Such transaction reporting return shall be filed not
15 later than 20 days after the day of delivery of the item that
16 is being sold, but may be filed by the retailer at any time
17 sooner than that if he chooses to do so. The transaction
18 reporting return and tax remittance or proof of exemption
19 from the Illinois use tax may be transmitted to the
20 Department by way of the State agency with which, or State
21 officer with whom the tangible personal property must be
22 titled or registered (if titling or registration is required)
23 if the Department and such agency or State officer determine
24 that this procedure will expedite the processing of
25 applications for title or registration.
26 With each such transaction reporting return, the retailer
27 shall remit the proper amount of tax due (or shall submit
28 satisfactory evidence that the sale is not taxable if that is
29 the case), to the Department or its agents, whereupon the
30 Department shall issue, in the purchaser's name, a use tax
31 receipt (or a certificate of exemption if the Department is
32 satisfied that the particular sale is tax exempt) which such
33 purchaser may submit to the agency with which, or State
34 officer with whom, he must title or register the tangible
SB1010 Enrolled -48- SRS91SB0007ABge
1 personal property that is involved (if titling or
2 registration is required) in support of such purchaser's
3 application for an Illinois certificate or other evidence of
4 title or registration to such tangible personal property.
5 No retailer's failure or refusal to remit tax under this
6 Act precludes a user, who has paid the proper tax to the
7 retailer, from obtaining his certificate of title or other
8 evidence of title or registration (if titling or registration
9 is required) upon satisfying the Department that such user
10 has paid the proper tax (if tax is due) to the retailer. The
11 Department shall adopt appropriate rules to carry out the
12 mandate of this paragraph.
13 If the user who would otherwise pay tax to the retailer
14 wants the transaction reporting return filed and the payment
15 of the tax or proof of exemption made to the Department
16 before the retailer is willing to take these actions and such
17 user has not paid the tax to the retailer, such user may
18 certify to the fact of such delay by the retailer and may
19 (upon the Department being satisfied of the truth of such
20 certification) transmit the information required by the
21 transaction reporting return and the remittance for tax or
22 proof of exemption directly to the Department and obtain his
23 tax receipt or exemption determination, in which event the
24 transaction reporting return and tax remittance (if a tax
25 payment was required) shall be credited by the Department to
26 the proper retailer's account with the Department, but
27 without the 2.1% or 1.75% discount provided for in this
28 Section being allowed. When the user pays the tax directly
29 to the Department, he shall pay the tax in the same amount
30 and in the same form in which it would be remitted if the tax
31 had been remitted to the Department by the retailer.
32 Refunds made by the seller during the preceding return
33 period to purchasers, on account of tangible personal
34 property returned to the seller, shall be allowed as a
SB1010 Enrolled -49- SRS91SB0007ABge
1 deduction under subdivision 5 of his monthly or quarterly
2 return, as the case may be, in case the seller had
3 theretofore included the receipts from the sale of such
4 tangible personal property in a return filed by him and had
5 paid the tax imposed by this Act with respect to such
6 receipts.
7 Where the seller is a corporation, the return filed on
8 behalf of such corporation shall be signed by the president,
9 vice-president, secretary or treasurer or by the properly
10 accredited agent of such corporation.
11 Where the seller is a limited liability company, the
12 return filed on behalf of the limited liability company shall
13 be signed by a manager, member, or properly accredited agent
14 of the limited liability company.
15 Except as provided in this Section, the retailer filing
16 the return under this Section shall, at the time of filing
17 such return, pay to the Department the amount of tax imposed
18 by this Act less a discount of 2.1% prior to January 1, 1990
19 and 1.75% on and after January 1, 1990, or $5 per calendar
20 year, whichever is greater, which is allowed to reimburse the
21 retailer for the expenses incurred in keeping records,
22 preparing and filing returns, remitting the tax and supplying
23 data to the Department on request. Any prepayment made
24 pursuant to Section 2d of this Act shall be included in the
25 amount on which such 2.1% or 1.75% discount is computed. In
26 the case of retailers who report and pay the tax on a
27 transaction by transaction basis, as provided in this
28 Section, such discount shall be taken with each such tax
29 remittance instead of when such retailer files his periodic
30 return.
31 If the taxpayer's average monthly tax liability to the
32 Department under this Act, the Use Tax Act, the Service
33 Occupation Tax Act, and the Service Use Tax Act, excluding
34 any liability for prepaid sales tax to be remitted in
SB1010 Enrolled -50- SRS91SB0007ABge
1 accordance with Section 2d of this Act, was $10,000 or more
2 during the preceding 4 complete calendar quarters, he shall
3 file a return with the Department each month by the 20th day
4 of the month next following the month during which such tax
5 liability is incurred and shall make payments to the
6 Department on or before the 7th, 15th, 22nd and last day of
7 the month during which such liability is incurred. If the
8 month during which such tax liability is incurred began prior
9 to January 1, 1985, each payment shall be in an amount equal
10 to 1/4 of the taxpayer's actual liability for the month or an
11 amount set by the Department not to exceed 1/4 of the average
12 monthly liability of the taxpayer to the Department for the
13 preceding 4 complete calendar quarters (excluding the month
14 of highest liability and the month of lowest liability in
15 such 4 quarter period). If the month during which such tax
16 liability is incurred begins on or after January 1, 1985 and
17 prior to January 1, 1987, each payment shall be in an amount
18 equal to 22.5% of the taxpayer's actual liability for the
19 month or 27.5% of the taxpayer's liability for the same
20 calendar month of the preceding year. If the month during
21 which such tax liability is incurred begins on or after
22 January 1, 1987 and prior to January 1, 1988, each payment
23 shall be in an amount equal to 22.5% of the taxpayer's actual
24 liability for the month or 26.25% of the taxpayer's liability
25 for the same calendar month of the preceding year. If the
26 month during which such tax liability is incurred begins on
27 or after January 1, 1988, and prior to January 1, 1989, or
28 begins on or after January 1, 1996, each payment shall be in
29 an amount equal to 22.5% of the taxpayer's actual liability
30 for the month or 25% of the taxpayer's liability for the same
31 calendar month of the preceding year. If the month during
32 which such tax liability is incurred begins on or after
33 January 1, 1989, and prior to January 1, 1996, each payment
34 shall be in an amount equal to 22.5% of the taxpayer's actual
SB1010 Enrolled -51- SRS91SB0007ABge
1 liability for the month or 25% of the taxpayer's liability
2 for the same calendar month of the preceding year or 100% of
3 the taxpayer's actual liability for the quarter monthly
4 reporting period. The amount of such quarter monthly
5 payments shall be credited against the final tax liability of
6 the taxpayer's return for that month. Once applicable, the
7 requirement of the making of quarter monthly payments to the
8 Department by taxpayers having an average monthly tax
9 liability of $10,000 or more as determined in the manner
10 provided above shall continue until such taxpayer's average
11 monthly liability to the Department during the preceding 4
12 complete calendar quarters (excluding the month of highest
13 liability and the month of lowest liability) is less than
14 $9,000, or until such taxpayer's average monthly liability to
15 the Department as computed for each calendar quarter of the 4
16 preceding complete calendar quarter period is less than
17 $10,000. However, if a taxpayer can show the Department that
18 a substantial change in the taxpayer's business has occurred
19 which causes the taxpayer to anticipate that his average
20 monthly tax liability for the reasonably foreseeable future
21 will fall below $10,000, then such taxpayer may petition the
22 Department for a change in such taxpayer's reporting status.
23 The Department shall change such taxpayer's reporting status
24 unless it finds that such change is seasonal in nature and
25 not likely to be long term. If any such quarter monthly
26 payment is not paid at the time or in the amount required by
27 this Section, then the taxpayer shall be liable for penalties
28 and interest on the difference between the minimum amount due
29 as a payment and the amount of such quarter monthly payment
30 actually and timely paid, except insofar as the taxpayer has
31 previously made payments for that month to the Department in
32 excess of the minimum payments previously due as provided in
33 this Section. The Department shall make reasonable rules and
34 regulations to govern the quarter monthly payment amount and
SB1010 Enrolled -52- SRS91SB0007ABge
1 quarter monthly payment dates for taxpayers who file on other
2 than a calendar monthly basis.
3 Without regard to whether a taxpayer is required to make
4 quarter monthly payments as specified above, any taxpayer who
5 is required by Section 2d of this Act to collect and remit
6 prepaid taxes and has collected prepaid taxes which average
7 in excess of $25,000 per month during the preceding 2
8 complete calendar quarters, shall file a return with the
9 Department as required by Section 2f and shall make payments
10 to the Department on or before the 7th, 15th, 22nd and last
11 day of the month during which such liability is incurred. If
12 the month during which such tax liability is incurred began
13 prior to the effective date of this amendatory Act of 1985,
14 each payment shall be in an amount not less than 22.5% of the
15 taxpayer's actual liability under Section 2d. If the month
16 during which such tax liability is incurred begins on or
17 after January 1, 1986, each payment shall be in an amount
18 equal to 22.5% of the taxpayer's actual liability for the
19 month or 27.5% of the taxpayer's liability for the same
20 calendar month of the preceding calendar year. If the month
21 during which such tax liability is incurred begins on or
22 after January 1, 1987, each payment shall be in an amount
23 equal to 22.5% of the taxpayer's actual liability for the
24 month or 26.25% of the taxpayer's liability for the same
25 calendar month of the preceding year. The amount of such
26 quarter monthly payments shall be credited against the final
27 tax liability of the taxpayer's return for that month filed
28 under this Section or Section 2f, as the case may be. Once
29 applicable, the requirement of the making of quarter monthly
30 payments to the Department pursuant to this paragraph shall
31 continue until such taxpayer's average monthly prepaid tax
32 collections during the preceding 2 complete calendar quarters
33 is $25,000 or less. If any such quarter monthly payment is
34 not paid at the time or in the amount required, the taxpayer
SB1010 Enrolled -53- SRS91SB0007ABge
1 shall be liable for penalties and interest on such
2 difference, except insofar as the taxpayer has previously
3 made payments for that month in excess of the minimum
4 payments previously due.
5 If any payment provided for in this Section exceeds the
6 taxpayer's liabilities under this Act, the Use Tax Act, the
7 Service Occupation Tax Act and the Service Use Tax Act, as
8 shown on an original monthly return, the Department shall, if
9 requested by the taxpayer, issue to the taxpayer a credit
10 memorandum no later than 30 days after the date of payment.
11 The credit evidenced by such credit memorandum may be
12 assigned by the taxpayer to a similar taxpayer under this
13 Act, the Use Tax Act, the Service Occupation Tax Act or the
14 Service Use Tax Act, in accordance with reasonable rules and
15 regulations to be prescribed by the Department. If no such
16 request is made, the taxpayer may credit such excess payment
17 against tax liability subsequently to be remitted to the
18 Department under this Act, the Use Tax Act, the Service
19 Occupation Tax Act or the Service Use Tax Act, in accordance
20 with reasonable rules and regulations prescribed by the
21 Department. If the Department subsequently determined that
22 all or any part of the credit taken was not actually due to
23 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
24 shall be reduced by 2.1% or 1.75% of the difference between
25 the credit taken and that actually due, and that taxpayer
26 shall be liable for penalties and interest on such
27 difference.
28 If a retailer of motor fuel is entitled to a credit under
29 Section 2d of this Act which exceeds the taxpayer's liability
30 to the Department under this Act for the month which the
31 taxpayer is filing a return, the Department shall issue the
32 taxpayer a credit memorandum for the excess.
33 Beginning January 1, 1990, each month the Department
34 shall pay into the Local Government Tax Fund, a special fund
SB1010 Enrolled -54- SRS91SB0007ABge
1 in the State treasury which is hereby created, the net
2 revenue realized for the preceding month from the 1% tax on
3 sales of food for human consumption which is to be consumed
4 off the premises where it is sold (other than alcoholic
5 beverages, soft drinks and food which has been prepared for
6 immediate consumption) and prescription and nonprescription
7 medicines, drugs, medical appliances and insulin, urine
8 testing materials, syringes and needles used by diabetics.
9 Beginning January 1, 1990, each month the Department
10 shall pay into the County and Mass Transit District Fund, a
11 special fund in the State treasury which is hereby created,
12 4% of the net revenue realized for the preceding month from
13 the 6.25% general rate.
14 Beginning January 1, 1990, each month the Department
15 shall pay into the Local Government Tax Fund 16% of the net
16 revenue realized for the preceding month from the 6.25%
17 general rate on the selling price of tangible personal
18 property.
19 Of the remainder of the moneys received by the Department
20 pursuant to this Act, (a) 1.75% thereof shall be paid into
21 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
22 and on and after July 1, 1989, 3.8% thereof shall be paid
23 into the Build Illinois Fund; provided, however, that if in
24 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
25 as the case may be, of the moneys received by the Department
26 and required to be paid into the Build Illinois Fund pursuant
27 to this Act, Section 9 of the Use Tax Act, Section 9 of the
28 Service Use Tax Act, and Section 9 of the Service Occupation
29 Tax Act, such Acts being hereinafter called the "Tax Acts"
30 and such aggregate of 2.2% or 3.8%, as the case may be, of
31 moneys being hereinafter called the "Tax Act Amount", and (2)
32 the amount transferred to the Build Illinois Fund from the
33 State and Local Sales Tax Reform Fund shall be less than the
34 Annual Specified Amount (as hereinafter defined), an amount
SB1010 Enrolled -55- SRS91SB0007ABge
1 equal to the difference shall be immediately paid into the
2 Build Illinois Fund from other moneys received by the
3 Department pursuant to the Tax Acts; the "Annual Specified
4 Amount" means the amounts specified below for fiscal years
5 1986 through 1993:
6 Fiscal Year Annual Specified Amount
7 1986 $54,800,000
8 1987 $76,650,000
9 1988 $80,480,000
10 1989 $88,510,000
11 1990 $115,330,000
12 1991 $145,470,000
13 1992 $182,730,000
14 1993 $206,520,000;
15 and means the Certified Annual Debt Service Requirement (as
16 defined in Section 13 of the Build Illinois Bond Act) or the
17 Tax Act Amount, whichever is greater, for fiscal year 1994
18 and each fiscal year thereafter; and further provided, that
19 if on the last business day of any month the sum of (1) the
20 Tax Act Amount required to be deposited into the Build
21 Illinois Bond Account in the Build Illinois Fund during such
22 month and (2) the amount transferred to the Build Illinois
23 Fund from the State and Local Sales Tax Reform Fund shall
24 have been less than 1/12 of the Annual Specified Amount, an
25 amount equal to the difference shall be immediately paid into
26 the Build Illinois Fund from other moneys received by the
27 Department pursuant to the Tax Acts; and, further provided,
28 that in no event shall the payments required under the
29 preceding proviso result in aggregate payments into the Build
30 Illinois Fund pursuant to this clause (b) for any fiscal year
31 in excess of the greater of (i) the Tax Act Amount or (ii)
32 the Annual Specified Amount for such fiscal year. The
33 amounts payable into the Build Illinois Fund under clause (b)
34 of the first sentence in this paragraph shall be payable only
SB1010 Enrolled -56- SRS91SB0007ABge
1 until such time as the aggregate amount on deposit under each
2 trust indenture securing Bonds issued and outstanding
3 pursuant to the Build Illinois Bond Act is sufficient, taking
4 into account any future investment income, to fully provide,
5 in accordance with such indenture, for the defeasance of or
6 the payment of the principal of, premium, if any, and
7 interest on the Bonds secured by such indenture and on any
8 Bonds expected to be issued thereafter and all fees and costs
9 payable with respect thereto, all as certified by the
10 Director of the Bureau of the Budget. If on the last
11 business day of any month in which Bonds are outstanding
12 pursuant to the Build Illinois Bond Act, the aggregate of
13 moneys deposited in the Build Illinois Bond Account in the
14 Build Illinois Fund in such month shall be less than the
15 amount required to be transferred in such month from the
16 Build Illinois Bond Account to the Build Illinois Bond
17 Retirement and Interest Fund pursuant to Section 13 of the
18 Build Illinois Bond Act, an amount equal to such deficiency
19 shall be immediately paid from other moneys received by the
20 Department pursuant to the Tax Acts to the Build Illinois
21 Fund; provided, however, that any amounts paid to the Build
22 Illinois Fund in any fiscal year pursuant to this sentence
23 shall be deemed to constitute payments pursuant to clause (b)
24 of the first sentence of this paragraph and shall reduce the
25 amount otherwise payable for such fiscal year pursuant to
26 that clause (b). The moneys received by the Department
27 pursuant to this Act and required to be deposited into the
28 Build Illinois Fund are subject to the pledge, claim and
29 charge set forth in Section 12 of the Build Illinois Bond
30 Act.
31 Subject to payment of amounts into the Build Illinois
32 Fund as provided in the preceding paragraph or in any
33 amendment thereto hereafter enacted, the following specified
34 monthly installment of the amount requested in the
SB1010 Enrolled -57- SRS91SB0007ABge
1 certificate of the Chairman of the Metropolitan Pier and
2 Exposition Authority provided under Section 8.25f of the
3 State Finance Act, but not in excess of sums designated as
4 "Total Deposit", shall be deposited in the aggregate from
5 collections under Section 9 of the Use Tax Act, Section 9 of
6 the Service Use Tax Act, Section 9 of the Service Occupation
7 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
8 into the McCormick Place Expansion Project Fund in the
9 specified fiscal years.
10 Fiscal Year Total Deposit
11 1993 $0
12 1994 53,000,000
13 1995 58,000,000
14 1996 61,000,000
15 1997 64,000,000
16 1998 68,000,000
17 1999 71,000,000
18 2000 75,000,000
19 2001 80,000,000
20 2002 84,000,000
21 2003 89,000,000
22 2004 93,000,000
23 2005 97,000,000
24 2006 102,000,000
25 2007 and 108,000,000 106,000,000
26 2008 115,000,000
27 2009 120,000,000
28 2010 126,000,000
29 2011 132,000,000
30 2012 138,000,000
31 2013 and 145,000,000
32 each fiscal year
33 thereafter that bonds
34 are outstanding under
SB1010 Enrolled -58- SRS91SB0007ABge
1 Section 13.2 of the
2 Metropolitan Pier and
3 Exposition Authority
4 Act, but not after fiscal year 2029.
5 Beginning July 20, 1993 and in each month of each fiscal
6 year thereafter, one-eighth of the amount requested in the
7 certificate of the Chairman of the Metropolitan Pier and
8 Exposition Authority for that fiscal year, less the amount
9 deposited into the McCormick Place Expansion Project Fund by
10 the State Treasurer in the respective month under subsection
11 (g) of Section 13 of the Metropolitan Pier and Exposition
12 Authority Act, plus cumulative deficiencies in the deposits
13 required under this Section for previous months and years,
14 shall be deposited into the McCormick Place Expansion Project
15 Fund, until the full amount requested for the fiscal year,
16 but not in excess of the amount specified above as "Total
17 Deposit", has been deposited.
18 Subject to payment of amounts into the Build Illinois
19 Fund and the McCormick Place Expansion Project Fund pursuant
20 to the preceding paragraphs or in any amendment thereto
21 hereafter enacted, each month the Department shall pay into
22 the Local Government Distributive Fund 0.4% of the net
23 revenue realized for the preceding month from the 5% general
24 rate or 0.4% of 80% of the net revenue realized for the
25 preceding month from the 6.25% general rate, as the case may
26 be, on the selling price of tangible personal property which
27 amount shall, subject to appropriation, be distributed as
28 provided in Section 2 of the State Revenue Sharing Act. No
29 payments or distributions pursuant to this paragraph shall be
30 made if the tax imposed by this Act on photoprocessing
31 products is declared unconstitutional, or if the proceeds
32 from such tax are unavailable for distribution because of
33 litigation.
34 Subject to payment of amounts into the Build Illinois
SB1010 Enrolled -59- SRS91SB0007ABge
1 Fund, the McCormick Place Expansion Project to the preceding
2 paragraphs or in any amendments thereto hereafter enacted,
3 beginning July 1, 1993, the Department shall each month pay
4 into the Illinois Tax Increment Fund 0.27% of 80% of the net
5 revenue realized for the preceding month from the 6.25%
6 general rate on the selling price of tangible personal
7 property.
8 Of the remainder of the moneys received by the Department
9 pursuant to this Act, 75% thereof shall be paid into the
10 State Treasury and 25% shall be reserved in a special account
11 and used only for the transfer to the Common School Fund as
12 part of the monthly transfer from the General Revenue Fund in
13 accordance with Section 8a of the State Finance Act.
14 The Department may, upon separate written notice to a
15 taxpayer, require the taxpayer to prepare and file with the
16 Department on a form prescribed by the Department within not
17 less than 60 days after receipt of the notice an annual
18 information return for the tax year specified in the notice.
19 Such annual return to the Department shall include a
20 statement of gross receipts as shown by the retailer's last
21 Federal income tax return. If the total receipts of the
22 business as reported in the Federal income tax return do not
23 agree with the gross receipts reported to the Department of
24 Revenue for the same period, the retailer shall attach to his
25 annual return a schedule showing a reconciliation of the 2
26 amounts and the reasons for the difference. The retailer's
27 annual return to the Department shall also disclose the cost
28 of goods sold by the retailer during the year covered by such
29 return, opening and closing inventories of such goods for
30 such year, costs of goods used from stock or taken from stock
31 and given away by the retailer during such year, payroll
32 information of the retailer's business during such year and
33 any additional reasonable information which the Department
34 deems would be helpful in determining the accuracy of the
SB1010 Enrolled -60- SRS91SB0007ABge
1 monthly, quarterly or annual returns filed by such retailer
2 as provided for in this Section.
3 If the annual information return required by this Section
4 is not filed when and as required, the taxpayer shall be
5 liable as follows:
6 (i) Until January 1, 1994, the taxpayer shall be
7 liable for a penalty equal to 1/6 of 1% of the tax due
8 from such taxpayer under this Act during the period to be
9 covered by the annual return for each month or fraction
10 of a month until such return is filed as required, the
11 penalty to be assessed and collected in the same manner
12 as any other penalty provided for in this Act.
13 (ii) On and after January 1, 1994, the taxpayer
14 shall be liable for a penalty as described in Section 3-4
15 of the Uniform Penalty and Interest Act.
16 The chief executive officer, proprietor, owner or highest
17 ranking manager shall sign the annual return to certify the
18 accuracy of the information contained therein. Any person
19 who willfully signs the annual return containing false or
20 inaccurate information shall be guilty of perjury and
21 punished accordingly. The annual return form prescribed by
22 the Department shall include a warning that the person
23 signing the return may be liable for perjury.
24 The provisions of this Section concerning the filing of
25 an annual information return do not apply to a retailer who
26 is not required to file an income tax return with the United
27 States Government.
28 As soon as possible after the first day of each month,
29 upon certification of the Department of Revenue, the
30 Comptroller shall order transferred and the Treasurer shall
31 transfer from the General Revenue Fund to the Motor Fuel Tax
32 Fund an amount equal to 1.7% of 80% of the net revenue
33 realized under this Act for the second preceding month;
34 except that this transfer shall not be made for the months
SB1010 Enrolled -61- SRS91SB0007ABge
1 February through June, 1992.
2 Net revenue realized for a month shall be the revenue
3 collected by the State pursuant to this Act, less the amount
4 paid out during that month as refunds to taxpayers for
5 overpayment of liability.
6 For greater simplicity of administration, manufacturers,
7 importers and wholesalers whose products are sold at retail
8 in Illinois by numerous retailers, and who wish to do so, may
9 assume the responsibility for accounting and paying to the
10 Department all tax accruing under this Act with respect to
11 such sales, if the retailers who are affected do not make
12 written objection to the Department to this arrangement.
13 Any person who promotes, organizes, provides retail
14 selling space for concessionaires or other types of sellers
15 at the Illinois State Fair, DuQuoin State Fair, county fairs,
16 local fairs, art shows, flea markets and similar exhibitions
17 or events, including any transient merchant as defined by
18 Section 2 of the Transient Merchant Act of 1987, is required
19 to file a report with the Department providing the name of
20 the merchant's business, the name of the person or persons
21 engaged in merchant's business, the permanent address and
22 Illinois Retailers Occupation Tax Registration Number of the
23 merchant, the dates and location of the event and other
24 reasonable information that the Department may require. The
25 report must be filed not later than the 20th day of the month
26 next following the month during which the event with retail
27 sales was held. Any person who fails to file a report
28 required by this Section commits a business offense and is
29 subject to a fine not to exceed $250.
30 Any person engaged in the business of selling tangible
31 personal property at retail as a concessionaire or other type
32 of seller at the Illinois State Fair, county fairs, art
33 shows, flea markets and similar exhibitions or events, or any
34 transient merchants, as defined by Section 2 of the Transient
SB1010 Enrolled -62- SRS91SB0007ABge
1 Merchant Act of 1987, may be required to make a daily report
2 of the amount of such sales to the Department and to make a
3 daily payment of the full amount of tax due. The Department
4 shall impose this requirement when it finds that there is a
5 significant risk of loss of revenue to the State at such an
6 exhibition or event. Such a finding shall be based on
7 evidence that a substantial number of concessionaires or
8 other sellers who are not residents of Illinois will be
9 engaging in the business of selling tangible personal
10 property at retail at the exhibition or event, or other
11 evidence of a significant risk of loss of revenue to the
12 State. The Department shall notify concessionaires and other
13 sellers affected by the imposition of this requirement. In
14 the absence of notification by the Department, the
15 concessionaires and other sellers shall file their returns as
16 otherwise required in this Section.
17 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
18 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff.
19 1-1-99; 90-612, eff. 7-8-98.)
20 Section 30. The Metropolitan Pier and Exposition
21 Authority Act is amended by changing Sections 2, 5, and 13.2
22 as follows:
23 (70 ILCS 210/2) (from Ch. 85, par. 1222)
24 Sec. 2. When used in this Act:
25 "Authority" means Metropolitan Pier and Exposition
26 Authority.
27 "Governmental agency" means the Federal government, State
28 government, and any unit of local government, and any agency
29 or instrumentality, corporate or otherwise, thereof.
30 "Person" means any individual, firm, partnership,
31 corporation, both domestic and foreign, company, association
32 or joint stock association; and includes any trustee,
SB1010 Enrolled -63- SRS91SB0007ABge
1 receiver, assignee or personal representative thereof.
2 "Board" means the governing body of the Metropolitan Pier
3 and Exposition Authority.
4 "Governor" means the Governor of the State of Illinois.
5 "Mayor" means the Mayor of the City of Chicago.
6 "Metropolitan area" means all that territory in the State
7 of Illinois lying within the corporate boundaries of the
8 County of Cook.
9 "Navy Pier" means the real property, structures,
10 facilities and improvements located in the City of Chicago
11 commonly known as Navy Pier, as well as property adjacent or
12 appurtenant thereto which may be necessary or convenient for
13 carrying out the purposes of the Authority at that location.
14 "Park District President" means the President of the
15 Board of Commissioners of the Chicago Park District.
16 "Project" means the expansion of existing fair and
17 exposition grounds and facilities of the Authority by
18 additions to the present facilities, by acquisition of the
19 land described below and by the addition of a structure
20 having a floor area of approximately 1,100,000 square feet,
21 or any part thereof, and such other improvements to be
22 located on land to be acquired, including but not limited to
23 all or a portion of Site A, by connecting walkways or
24 passageways between the present facilities and additional
25 structures, and by acquisition and improvement of Navy Pier.
26 "Expansion Project" means the further expansion of the
27 grounds, buildings, and facilities of the Authority at Site B
28 on Site B, that in the
6 determination of the Authority are appropriate on account of
7 the improvement expansion of the Authority's grounds,
8 buildings, and facilities at Site B. "Expansion Project" also
9 includes the renovation and improvement of the existing
10 grounds, buildings, and facilities of the Authority,
11 including other than Navy Pier.
12 "State" means the State of Illinois.
13 "Site A" means the tract of land comprised of a part of
14 the Illinois Central Railroad Company right-of-way (now known
15 as the "Illinois Central Gulf Railroad") and a part of the
16 submerged lands reclaimed by said Railroad as described in
17 the 1919 Lake Front Ordinance, in the Southeast Fractional
18 Quarter of Section 22, the Southwest Fractional Quarter of
19 Section 22 and the Northeast Fractional Quarter of Section
20 27, Township 39 North, Range 14 East of the Third Principal
21 Meridian, said tract of land being described as follows:
22 PARCEL A - NORTH AIR RIGHTS PARCEL
23 All of the real property and space, at and above a
24 horizontal plane at an elevation of 33.51 feet above
25 Chicago City Datum, the horizontal limits of which are
26 the planes formed by projecting vertically upward and
27 downward from the surface of the Earth the boundaries of
28 the following described parcel of land:
29 Beginning on the westerly line of said Illinois Central
30 Railroad Company right-of-way at the intersection of the
31 northerly line of the 23rd Street viaduct, being a line
32 60 feet (measured perpendicularly) northerly of and
33 parallel with the centerline of the existing structure,
34 and running thence northwardly along said westerly
SB1010 Enrolled -65- SRS91SB0007ABge
1 right-of-way line, a distance of 1500.00 feet; thence
2 eastwardly along a line perpendicular to said westerly
3 right-of-way line, a distance of 418.419 feet; thence
4 southwardly along an arc of a circle, convex to the East,
5 with a radius of 915.13 feet, a distance of 207.694 feet
6 to a point which is 364.092 feet (measured
7 perpendicularly) easterly from said westerly right-of-way
8 line and 1300.00 feet (measured perpendicularly)
9 northerly of said northerly line of the 23rd Street
10 viaduct; thence continuing along an arc of a circle,
11 convex to the East, with a radius of 2008.70 feet, a
12 distance of 154.214 feet to a point which is 301.631 feet
13 (measured perpendicularly) easterly from said westerly
14 right-of-way line and 1159.039 feet (measured
15 perpendicularly) northerly of said northerly line of the
16 23rd Street viaduct; thence southwardly along a straight
17 line a distance of 184.018 feet to a point which is
18 220.680 feet (measured perpendicularly) easterly from
19 said westerly right-of-way line and 993.782 feet
20 (measured perpendicularly) northerly of said northerly
21 line of the 23rd Street viaduct; thence southwardly along
22 a straight line, a distance of 66.874 feet to a point
23 which is 220.719 feet (measured perpendicularly) easterly
24 from said westerly right-of-way line and 926.908 feet
25 (measured perpendicularly) northerly from the northerly
26 line of the 23rd Street viaduct; thence southwardly along
27 a straight line, a distance of 64.946 feet to a point
28 which is 199.589 feet (measured perpendicularly) easterly
29 from said westerly right-of-way line and 865.496 feet
30 (measured perpendicularly) northerly from said northerly
31 line of the 23rd Street viaduct; thence southwardly along
32 a straight line, a distance of 865.496 feet to a point on
33 said northerly line of the 23rd Street viaduct; which
34 point is 200.088 feet easterly from said westerly
SB1010 Enrolled -66- SRS91SB0007ABge
1 right-of-way line, and thence westwardly along the
2 northerly line of said 23rd Street viaduct, said distance
3 of 200.088 feet to the point of beginning.
4 There is reserved from the above described parcel of land
5 a corridor for railroad freight and passenger operations,
6 said corridor is to be limited in width to a distance of
7 10 feet normally distant to the left and to the right of
8 the centerline of Grantor's Northbound Freight Track, and
9 10 feet normally distant to the left and to the right of
10 the centerline of Grantor's Southbound Freight Track, the
11 uppermost limits, or roof, of the railroad freight and
12 passenger corridor shall be established at an elevation
13 of 18 feet above the existing Top of Rail of the
14 aforesaid Northbound and Southbound freight trackage.
15 PARCEL B - 23RD ST. AIR RIGHTS PARCEL
16 All of the real property and space, at and above a
17 horizontal plane which is common with the bottom of the
18 bottom flange of the E. 23rd Street viaduct as it spans
19 Grantor's operating commuter, freight and passenger
20 trackage, the horizontal limits of which are the planes
21 formed by projecting vertically upward and downward from
22 the surface of the Earth the boundaries of the following
23 described parcel of land:
24 Beginning on the westerly line of said Illinois Central
25 Railroad Company right-of-way at the intersection of the
26 northerly line of the 23rd Street viaduct, being a line
27 60 feet (measured perpendicularly) northerly of and
28 parallel with the centerline of the existing structure,
29 and running thence eastwardly along said northerly line
30 of the 23rd Street viaduct, a distance of 200.088 feet;
31 thence southwardly along a straight line, a distance of
32 120.00 feet to a point on the southerly line of said 23rd
33 Street viaduct (being the southerly line of the easement
34 granted to the South Park Commissioners dated September
SB1010 Enrolled -67- SRS91SB0007ABge
1 25, 1922 as document No. 7803194), which point is 199.773
2 feet easterly of said westerly right-of-way line; thence
3 westwardly along said southerly line of the 23rd Street
4 viaduct, said distance of 199.773 feet to the westerly
5 right-of-way line and thence northwardly along said
6 westerly right-of-way line, a distance of 120.00 feet to
7 the point of beginning.
8 PARCEL C - SOUTH AIR RIGHTS PARCEL
9 All of the real property and space, at and above a
10 horizontal plane at an elevation of 34.51 feet above
11 Chicago City Datum, the horizontal limits of which are
12 the planes formed by projecting vertically upward and
13 downward from the surface of the Earth the boundaries of
14 the following described parcel of land:
15 Beginning on the westerly line of said Illinois Central
16 Railroad Company right-of-way at the intersection of the
17 southerly line of the 23rd Street viaduct, being the
18 southerly line of the easement granted to the South Park
19 Commissioners dated September 25, 1922 as document No.
20 7803194) and running thence eastwardly along said South
21 line of the 23rd Street viaduct, a distance of 199.773
22 feet; thence southerly along a straight line, a distance
23 of 169.071 feet to a point which is 199.328 feet
24 (measured perpendicularly) easterly from said westerly
25 right-of-way line thence southerly along a straight line,
26 whose southerly terminus is a point which is 194.66 feet
27 (measured perpendicularly) easterly from said westerly
28 right-of-way line and 920.105 feet (measured a distance
29 of 493.34 feet; thence westwardly along a straight line,
30 perpendicular to said westerly right-of-way line, a
31 distance of 196.263 feet to said westerly right-of-way
32 line and thence northwardly along the westerly
33 right-of-way, a distance of 662.40 feet to the point of
34 beginning.
SB1010 Enrolled -68- SRS91SB0007ABge
1 Parcels A, B and C herein above described containing
2 525,228 square feet (12.0576 acres) of land, more or
3 less.
4 AND,
5 SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55
6 A tract of land comprised of a part of the Illinois
7 Central Railroad Company right-of-way (now known as the
8 "Illinois Central Gulf Railroad") and a part of the
9 submerged lands reclaimed by said Railroads as described
10 in the 1919 Lake Front Ordinance, in the Northeast
11 Fractional Quarter and the Southeast Fractional Quarter
12 of Section 27, Township 39 North, Range 14 East of the
13 Third Principal Meridian, said tract of land being
14 described as follows:
15 Beginning at a point on the North line of the 31st Street
16 viaduct, being a line 50.00 feet (measured
17 perpendicularly) northerly of and parallel with the South
18 line of said Southeast Fractional Quarter of Section 27,
19 which point is 163.518 feet (measured along the northerly
20 line of said viaduct) easterly of the westerly line of
21 said Illinois Central Railroad Company, and running
22 thence northwardly along a straight line, a distance of
23 1903.228 feet, to a point which is 156.586 feet easterly,
24 and 1850.555 feet northerly of the intersection of said
25 westerly right-of-way line with the northerly line of
26 said 31st Street viaduct, as measured along said westerly
27 line and a line perpendicular thereto; thence northwardly
28 along a straight line, a distance of 222.296 feet, to a
29 point which is 148.535 feet easterly, and 2078.705 feet
30 northerly of the intersection of said westerly
31 right-of-way line with the northerly line of said 31st
32 Street viaduct, as measured along said westerly line and
33 a line perpendicular thereto; thence northwardly along a
34 straight line, a distance of 488.798 feet, to a point
SB1010 Enrolled -69- SRS91SB0007ABge
1 which is 126.789 feet easterly, and 2567.019 feet
2 northerly of the intersection of said westerly
3 right-of-way line with the northerly line of said 31st
4 Street viaduct, as measured along said westerly line and
5 a line perpendicular thereto; thence northwardly along a
6 straight line, a distance of 458.564 feet, to a point
7 which is 126.266 feet easterly and 3025.583 feet
8 northerly of the intersection of said westerly
9 right-of-way line with the northerly line of said 31st
10 Street viaduct, as measured along said westerly line and
11 a line perpendicular thereto; thence northwardly along a
12 straight line, a distance of 362.655 feet, to a point
13 which is 143.70 feet easterly, and 3387.819 feet
14 northerly of the intersection of said westerly
15 right-of-way line with the northerly line of said 31st
16 street viaduct, as measured along said westerly line and
17 a line perpendicular thereto; thence northwardly along a
18 straight line, whose northerly terminus is a point which
19 is 194.66 feet (measured perpendicularly) easterly from
20 said westerly right-of-way line and 920.105 feet
21 (measured perpendicularly) South from the southerly line
22 of the 23rd Street viaduct (being the southerly line of
23 the easement granted to the South Park Commissioners
24 dated September 25, 1922 as document No. 7803194) a
25 distance of 335.874 feet to an intersection with a
26 northerly line of the easement for the overhead structure
27 of the Southwest Expressway System (as described in
28 Judgement Order No. 67 L 13579 in the Circuit Court of
29 Cook County), said northerly line extending from a point
30 on said westerly right-of-way line, 142.47 feet (measured
31 perpendicularly) North of the intersection of said line
32 with the easterly extension of the North line of East
33 25th Street (as shown in Walker Bros. Addition to
34 Chicago, a subdivision in the Northeast Fractional
SB1010 Enrolled -70- SRS91SB0007ABge
1 Quarter of Section 27 aforesaid) to a point which is
2 215.07 feet (measured perpendicularly) North of said
3 easterly extension of the North line of E. 25th Street
4 and 396.19 feet (measured perpendicularly) westerly of
5 the westerly line of Burnham Park (as said westerly line
6 is described by the City of Chicago by ordinance passed
7 July 21, 1919 and recorded on March 5, 1920 in the Office
8 of the Recorder of Deeds of Cook County, Illinois as
9 document No. 6753370); thence northeastwardly along the
10 northerly line of the easement aforesaid, a distance of
11 36.733 feet to said point which is 215.07 feet (measured
12 perpendicularly) North of said easterly extension of the
13 North line of E. 25th Street and 396.19 feet (measured
14 perpendicularly) westerly of said westerly line of
15 Burnham Park; thence northeastwardly continuing along
16 said easement line, being a straight line, a distance of
17 206.321 feet to a point which is 352.76 feet (measured
18 perpendicularly) North of said easterly extension of the
19 North line of E. 25th Street and 211.49 feet (measured
20 perpendicularly) westerly of said westerly line of
21 Burnham Park; thence northeastwardly continuing along
22 said easement line, being a straight line, a distance of
23 206.308 feet to a point which is 537.36 feet (measured
24 perpendicularly) North of said easterly extension of the
25 North line of E. 25th Street and 73.66 feet (measured
26 perpendicularly) westerly of said westerly line of
27 Burnham Park; thence northeastwardly continuing along
28 said easement line, being a straight line, a distance of
29 219.688 feet to a point on said westerly line of Burnham
30 Park, which point is 756.46 feet (measured
31 perpendicularly) North of said easterly extension of the
32 North line of E. 25th Street; thence southwardly along
33 said westerly line of Burnham Park, being here a straight
34 line whose southerly terminus is that point which is
SB1010 Enrolled -71- SRS91SB0007ABge
1 308.0 feet (measured along said line) South of the
2 intersection of said line with the North line of 29th
3 Street, extended East, a distance of 3185.099 feet to a
4 point which is 89.16 feet North of aforesaid southerly
5 terminus; thence southwestwardly along an arc of a
6 circle, convex to the Southeast, tangent to last
7 described line and having a radius of 635.34 feet, a
8 distance of 177.175 feet to a point on that westerly line
9 of Burnham Park which extends southerly from aforesaid
10 point 308.0 feet South of the North line of 29th Street,
11 extended East, to a point on the North line of East 31st
12 Street extended East, which is 250.00 feet (measured
13 perpendicularly) easterly of said westerly right-of-way
14 line; thence southwardly along said last described
15 westerly line of Burnham Park, a distance of 857.397 feet
16 to a point which is 86.31 feet (measured along said line)
17 northerly of aforesaid point on the North line of East
18 31st Street extended East; thence southeastwardly along
19 the arc of a circle, convex to the West, tangent to last
20 described line and having a radius of 573.69 feet, a
21 distance of 69.426 feet to a point on the north line of
22 the aforementioned 31st Street viaduct, and thence West
23 along said North line, a distance of 106.584 feet to the
24 point of beginning, in Cook County, Illinois.
25 Containing 1,527,996 square feet (35.0780 acres) of land,
26 more or less.
27 AND
28 NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55
29 A tract of land comprised of a part of the Illinois
30 Central Railroad Company right-of-way (now known as the
31 "Illinois Central Gulf Railroad") and a part of the
32 submerged lands reclaimed by said Railroad as described
33 in the 1919 Lake Front Ordinance, in the Northwest
34 Fractional Quarter of Section 22, the Southwest
SB1010 Enrolled -72- SRS91SB0007ABge
1 Fractional Quarter of Section 22, the Southeast
2 Fractional Quarter of Section 22 and the Northwest
3 Fractional Quarter of Section 27, Township 39 North,
4 Range 14 East of the Third Principal Meridian, said tract
5 of land being described as follows:
6 PARCEL A-NORTH OF 23RD STREET
7 Beginning on the easterly line of said Illinois Central
8 Railroad Company right-of-way (being also the westerly
9 line of Burnham Park as said westerly line is described
10 in the 1919 Lake Front Ordinance), at the intersection of
11 the northerly line of the 23rd Street viaduct, being a
12 line 60.00 feet (measured perpendicularly) northerly of
13 and parallel with the centerline of the existing
14 structure, and running thence northwardly along said
15 easterly right-of-way line, a distance of 2270.472 feet
16 to an intersection with the North line of E. 18th Street,
17 extended East, a point 708.495 feet (as measured along
18 said North line of E. 18th Street, extended East) East
19 from the westerly right-of-way line of said railroad;
20 thence continuing northwardly along said easterly
21 right-of-way line, on a straight line which forms an
22 angle to the left of 00 degrees 51 minutes 27 seconds
23 with last described course, a distance of 919.963 feet;
24 thence westwardly along a straight line which forms an
25 angle of 73 degrees 40 minutes 14 seconds from North to
26 West with last described line, a distance of 86.641 feet;
27 thence southwardly along the arc of a circle, convex to
28 the East with a radius of 2448.29 feet, a distance of
29 86.233 feet to a point which is 100.767 feet westerly and
30 859.910 feet northerly of the intersection of said
31 easterly right-of-way line with the North line of E. 18th
32 Street, extended East, as measured along said easterly
33 line and a line perpendicular thereto; thence southwardly
34 along a straight line, tangent to last described arc of a
SB1010 Enrolled -73- SRS91SB0007ABge
1 circle, a distance of 436.277 feet to a point which is
2 197.423 feet westerly and 434.475 feet northerly of the
3 intersection of said easterly right-of-way line with the
4 North line of E. 18th Street, extended East, as measured
5 along said easterly line and a line perpendicular
6 thereto; thence southeastwardly along the arc of a
7 circle, convex to the West, tangent to last described
8 straight line and having a radius of 1343.75 feet, a
9 distance of 278.822 feet to a point which is 230.646 feet
10 westerly and 158.143 feet northerly of the intersection
11 of said easterly right-of-way line with the North line of
12 E. 18th Street, extended East, as measured along said
13 easterly line and a line perpendicular thereto; thence
14 southwardly along a straight line, tangent to last
15 described arc of a circle, a distance of 722.975 feet to
16 a point which is 434.030 feet (measured perpendicularly)
17 easterly from the westerly line of said Illinois Central
18 Railroad right-of-way and 1700.466 feet (measured
19 perpendicular) northerly of the aforementioned northerly
20 line of the 23rd Street viaduct; thence southwardly along
21 the arc of a circle, convex to the East, tangent to last
22 described straight line, with a radius of 2008.70 feet, a
23 distance of 160.333 feet to a point which is 424.314 feet
24 (reassured perpendicularly) easterly from said westerly
25 right-of-way line and 1546.469 feet (measured
26 perpendicularly) northerly of said North line of the
27 23rd Street viaduct; thence southwardly along an arc of a
28 circle, convex to the East with a radius of 915.13 feet,
29 a distance of 254.54 feet to a point which is 364.092
30 feet (measured perpendicularly) easterly from said
31 westerly right-of-way line and 1300.00 feet (measured
32 perpendicularly) northerly of said northerly line of the
33 23rd Street viaduct; thence continuing along an arc of a
34 circle, convex to the East, with a radius of 2008.70
SB1010 Enrolled -74- SRS91SB0007ABge
1 feet, a distance of 154.214 feet to a point which is
2 301.631 feet (measured perpendicularly) easterly from
3 said westerly right-of-way line and 1159.039 feet
4 (measured perpendicularly) northerly of said northerly
5 line of the 23rd Street viaduct; thence southwardly along
6 a straight line, a distance of 184.018 feet to a point
7 which is 220.680 feet (measured perpendicularly) easterly
8 from said westerly right-of-way line and 993.782 feet
9 (measured perpendicularly) northerly from said northerly
10 line of the 23rd Street viaduct; thence southwardly along
11 a straight line, a distance of 66.874 feet to a point
12 which is 220.719 feet (measured perpendicularly) easterly
13 from said westerly right-of-way line and 926.908 feet
14 (measured perpendicularly) northerly from the northerly
15 line of the 23rd Street viaduct; thence southwardly along
16 a straight line, a distance of 64.946 feet to a point
17 which is 199.589 feet (measured perpendicularly) easterly
18 from said westerly right-of-way line and 865.496 feet
19 (measured perpendicularly) northerly from said northerly
20 line of the 23rd Street viaduct; thence southwardly along
21 a straight line, a distance of 865.496 feet to a point on
22 said northerly line of the 23rd Street viaduct, which is
23 200.088 feet easterly from said westerly right-of-way
24 line; and thence eastwardly along the northerly line of
25 said 23rd Street viaduct, a distance of 433.847 feet to
26 the point of beginning.
27 PARCEL B - WEST 23RD STREET
28 Beginning on the easterly line of said Illinois Central
29 Railroad Company right-of-way (being also the westerly
30 line of Burnham Park, as said westerly line is described
31 in the 1919 Lake Front Ordinance), at the intersection of
32 the northerly line of the 23rd Street viaduct, being a
33 line 60.00 feet (measured perpendicularly) northerly of
34 and parallel with the centerline of the existing
SB1010 Enrolled -75- SRS91SB0007ABge
1 structure; and running thence westwardly along the
2 northerly line of said 23rd Street viaduct, a distance of
3 433.847 feet, to a point 200.088 feet easterly from the
4 westerly line of said Illinois Central Railroad
5 right-of-way; thence southwardly along a straight line, a
6 distance of 120.00 feet to a point on the southerly line
7 of said 23rd Street viaduct (being the southerly line of
8 the easement granted to the South Park Commissioners
9 dated September 25, 1922 as document No. 7803194), which
10 point is 199.773 feet easterly of said westerly
11 right-of-way line; thence eastwardly along said southerly
12 line of the 23rd Street viaduct, a distance of 431.789
13 feet to said easterly right-of-way line; and thence
14 northwardly along said easterly right-of-way line a
15 distance of 120.024 feet to the point of beginning,
16 excepting therefrom that part of the land, property and
17 space conveyed to Amalgamated Trust and Savings Bank by
18 deed recorded September 21, 1970 as document No.
19 21270060, in Cook County, Illinois.
20 PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE
21 OF I-55
22 Beginning on the easterly line of said Illinois Central
23 Railroad Company right-of-way at the intersection of the
24 southerly line of the 23rd Street viaduct (being the
25 southerly line of the easement granted to the South Park
26 Commissioners dated September 25, 1922 as document No.
27 7803194); and running thence westwardly along said
28 southerly line of the 23rd Street viaduct, a distance of
29 431.789 feet, to a point 199.773 feet easterly from the
30 westerly line of said Illinois Central Railroad
31 right-of-way; thence southwardly along a straight line, a
32 distance of 169.071 feet to a point which is 199.328 feet
33 (measured perpendicularly) easterly from said westerly
34 right-of-way line; thence southwardly along a straight
SB1010 Enrolled -76- SRS91SB0007ABge
1 line, a distance of 751.05 feet to a point which is
2 194.66 feet (measured perpendicularly) easterly from said
3 westerly right-of-way line and 920.105 feet (measured
4 perpendicularly) southerly from said southerly line of
5 the 23rd Street viaduct; thence southwardly along a
6 straight line whose southerly terminus is a point which
7 is 143.70 feet easterly from said westerly right-of-way
8 line and 3387.819 feet northerly of the intersection of
9 said westerly right-of-way line with the northerly line
10 of the 31st Street viaduct, (being a line 50.00 feet,
11 measured perpendicularly, northerly of and parallel with
12 the South line of the Southeast Fractional Quarter of
13 said Section 27), as measured along said westerly line
14 and a line perpendicular thereto, a distance of 179.851
15 feet to an intersection with a northerly line of the
16 easement for the overhead bridge structure of the
17 Southwest Expressway System (as described in Judgment
18 Order No. 67 L 13579 in the Circuit Court of Cook
19 County), said northerly line extending from a point of
20 said westerly right-of-way line, which is 142.47 feet
21 (measured perpendicularly) North of the easterly
22 extension of the North line of E. 25th Street (as shown
23 in Walker Bros. Addition to Chicago, a subdivision in the
24 Northeast Fractional Quarter of Section 27 aforesaid) to
25 a point which is 215.07 feet (measured perpendicularly)
26 North of said easterly extension of the North line of E.
27 25th Street and 396.19 feet (measured perpendicularly)
28 westerly of the easterly line of said Illinois central
29 Railroad right-of-way (being also the westerly line of
30 Burnham Park, as said westerly line is described by the
31 City of Chicago by ordinance passed July 21, 1919 and
32 recorded on March 5, 1920 in the Office of the Recorder
33 of Deeds of Cook County, Illinois, as document No.
34 6753370); thence northeastwardly along the northerly line
SB1010 Enrolled -77- SRS91SB0007ABge
1 of the easement aforesaid, a distance of 36.733 feet to a
2 said point which is 215.07 feet (measured
3 perpendicularly) North of said easterly extension of the
4 North line of E. 25th Street and 396.19 feet (measured
5 perpendicularly) westerly of said easterly right-of-way
6 line; thence northeastwardly continuing along said
7 easement line, being a straight line, a distance of
8 206.321 feet to a point which is 352.76 feet (measured
9 perpendicularly) North of said easterly extension of the
10 North line of E. 25th Street and 211.49 feet (measured
11 perpendicularly) westerly of said easterly right-of-way
12 line; thence northeastwardly continuing along said
13 easement line, being a straight line, a distance of
14 206.308 feet to a point which is 537.36 feet (measured
15 perpendicularly) North of said easterly extension of the
16 North line of E. 25th Street and 73.66 feet (measured
17 perpendicularly) westerly of said easterly right-of-way
18 line; thence northeastwardly continuing along said
19 easement line, being a straight line, a distance of
20 219.688 feet to a point on said easterly right-of-way
21 line, which point is 756.46 feet (measured
22 perpendicularly) North of said easterly extension of the
23 North line of E. 25th Street; and thence northwardly
24 along said easterly right-of-way line, a distance of
25 652.596 feet, to the point of beginning. Excepting
26 therefrom that part of the land, property and space
27 conveyed to Amalgamated Trust Savings Bank, as Trustee,
28 under a trust agreement dated January 12, 1978 and known
29 as Trust No. 3448, in Cook County, Illinois.
30 PARCEL D
31 All the space within the boundaries of the following
32 described perimeter between the horizontal plane of plus
33 27.00 feet and plus 47.3 feet Chicago City Datum:
34 Commencing at the Northeast corner of Lot 3 in Block 1 in
SB1010 Enrolled -78- SRS91SB0007ABge
1 McCormick City Subdivision being a resubdivision of
2 McCormick Inn Subdivision (recorded September 26, 1962 as
3 Document No. 18601678) and a subdivision of adjacent
4 lands recorded January 12, 1971 as Document No. 21369281
5 in Section 27, Township 39 North, Range 14, East of the
6 Third Principal Meridian, thence Westerly along the
7 Northerly line of said McCormick Inn Subdivision to a
8 point which is 77 feet East of the Westerly line of
9 McCormick Inn Subdivision (lying at +27.00 feet C.C.D.)
10 for a place of beginning; thence Westerly a distance of
11 77.00 feet above the horizontal plane +27.00 feet above
12 Chicago City Datum and below +47.3 feet above Chicago
13 City Datum to the Northwest corner of McCormick Inn
14 Subdivision; thence South along the West line of
15 McCormick Inn Subdivision a distance of 36 feet to a
16 point; thence East 23 feet to a point along a line which
17 is perpendicular to the last described line; thence North
18 12 feet to a point along a line which is perpendicular to
19 the last described line; thence East 54 feet to a point
20 along a line which is perpendicular to the last described
21 line; thence North 24 feet along a line which is
22 perpendicular to the last described line to the place of
23 beginning. (Parcel D has been included in this Act to
24 provide a means for the Authority to acquire an easement
25 or fee title to a part of McCormick Inn to permit the
26 construction of the pedestrian spine to connect the
27 Project with Donnelley Hall.)
28 Containing 1,419,953 square feet (32.5970 acres) of land,
29 more or less.
30 "Site B" means an area of land (including all air rights
31 related thereto) in the City of Chicago, Cook County,
32 Illinois, within the following boundaries:
33 Beginning at the intersection of the north line of
34 East Cermak Road and the center line of South Indiana
SB1010 Enrolled -79- SRS91SB0007ABge
1 Avenue; thence east along the north line of East Cermak
2 Road and continuing along said line as said north line of
3 East Cermak Road is extended, to its intersection with
4 the westerly line of the right-of-way of the Illinois
5 Central Gulf Railroad; thence southeasterly along said
6 line to its intersection with the north line of the
7 Twenty-third Street viaduct; thence northeasterly along
8 said line to its intersection with the easterly line of
9 the right-of-way of the Illinois Central Gulf Railroad;
10 thence southeasterly along said line to the point of
11 intersection with the west line of the right-of-way of
12 the Adlai E. Stevenson Expressway; thence southwesterly
13 along said line and then west along the inside curve of
14 the west and north lines of the right-of-way of the Adlai
15 E. Stevenson Expressway, following the curve of said
16 right-of-way, and continuing along the north line of the
17 right-of-way of the Adlai E. Stevenson Expressway to its
18 intersection with the center line of South Indiana
19 Avenue; thence northerly along said line to the point of
20 beginning.
21 ALSO
22 Beginning at the intersection of the center line of
23 East Cermak Road at its intersection with the center line
24 of South Indiana Avenue; thence northerly along the
25 center line of South Indiana Avenue to its intersection
26 with the center line of East Twenty-first Street; thence
27 easterly along said line to its intersection with the
28 center line of South Prairie Avenue; thence south along
29 said line to its intersection with the center line of
30 East Cermak Road; thence westerly along said line to the
31 point of beginning.
32 (Source: P.A. 86-17; 87-733.)
33 (70 ILCS 210/5) (from Ch. 85, par. 1225)
SB1010 Enrolled -80- SRS91SB0007ABge
1 Sec. 5. The Metropolitan Pier and Exposition Authority
2 shall also have the following rights and powers:
3 (a) To accept from Chicago Park Fair, a
4 corporation, an assignment of whatever sums of money it
5 may have received from the Fair and Exposition Fund,
6 allocated by the Department of Agriculture of the State
7 of Illinois, and Chicago Park Fair is hereby authorized
8 to assign, set over and transfer any of those funds to
9 the Metropolitan Pier and Exposition Authority. The
10 Authority has the right and power hereafter to receive
11 sums as may be distributed to it by the Department of
12 Agriculture of the State of Illinois from the Fair and
13 Exposition Fund pursuant to the provisions of Sections 5,
14 6i, and 28 of the State Finance Act. All sums received
15 by the Authority shall be held in the sole custody of the
16 secretary-treasurer of the Metropolitan Pier and
17 Exposition Board.
18 (b) To accept the assignment of, assume and execute
19 any contracts heretofore entered into by Chicago Park
20 Fair.
21 (c) To acquire, own, construct, equip, lease,
22 operate and maintain grounds, buildings and facilities to
23 carry out its corporate purposes and duties, and to carry
24 out or otherwise provide for the recreational, cultural,
25 commercial or residential development of Navy Pier, and
26 to fix and collect just, reasonable and nondiscriminatory
27 charges for the use thereof. The charges so collected
28 shall be made available to defray the reasonable expenses
29 of the Authority and to pay the principal of and the
30 interest upon any revenue bonds issued by the Authority.
31 The Authority shall be subject to and comply with the
32 Lake Michigan and Chicago Lakefront Protection Ordinance,
33 the Chicago Building Code, the Chicago Zoning Ordinance,
34 and all ordinances and regulations of the City of Chicago
SB1010 Enrolled -81- SRS91SB0007ABge
1 contained in the following Titles of the Municipal Code
2 of Chicago: Businesses, Occupations and Consumer
3 Protection; Health and Safety; Fire Prevention; Public
4 Peace, Morals and Welfare; Utilities and Environmental
5 Protection; Streets, Public Ways, Parks, Airports and
6 Harbors; Electrical Equipment and Installation; Housing
7 and Economic Development (only Chapter 5-4 thereof); and
8 Revenue and Finance (only so far as such Title pertains
9 to the Authority's duty to collect taxes on behalf of the
10 City of Chicago).
11 (d) To enter into contracts treating in any manner
12 with the objects and purposes of this Act.
13 (e) To lease any buildings to the Adjutant General
14 of the State of Illinois for the use of the Illinois
15 National Guard or the Illinois Naval Militia.
16 (f) To exercise the right of eminent domain by
17 condemnation proceedings in the manner provided by
18 Article VII of the Code of Civil Procedure, including,
19 with respect to Site B only, the authority to exercise
20 quick take condemnation by immediate vesting of title
21 under Sections 7-103 through 7-112 of the Code of Civil
22 Procedure, to acquire any privately owned real or
23 personal property and, with respect to Site B only,
24 public property used for rail transportation purposes
25 (but no such taking of such public property shall, in the
26 reasonable judgment of the owner, interfere with such
27 rail transportation) for the lawful purposes of the
28 Authority in Site A, at Navy Pier, and at Site B. Just
29 compensation for property taken or acquired under this
30 paragraph shall be paid in money or, notwithstanding any
31 other provision of this Act and with the agreement of the
32 owner of the property to be taken or acquired, the
33 Authority may convey substitute property or interests in
34 property or enter into agreements with the property
SB1010 Enrolled -82- SRS91SB0007ABge
1 owner, including leases, licenses, or concessions, with
2 respect to any property owned by the Authority, or may
3 provide for other lawful forms of just compensation to
4 the owner. Any property acquired in condemnation
5 proceedings shall be used only as provided in this Act.
6 Except as otherwise provided by law, the City of Chicago
7 shall have a right of first refusal prior to any sale of
8 any such property by the Authority to a third party other
9 than substitute property. The Authority shall develop and
10 implement a relocation plan for businesses displaced as a
11 result of the Authority's acquisition of property. The
12 relocation plan shall be substantially similar to
13 provisions of the Uniform Relocation Assistance and Real
14 Property Acquisition Act and regulations promulgated
15 under that Act relating to assistance to displaced
16 businesses. To implement the relocation plan the
17 Authority may acquire property by purchase or gift or may
18 exercise the powers authorized in this subsection (f),
19 except the immediate vesting of title under Sections
20 7-103 through 7-112 of the Code of Civil Procedure, to
21 acquire substitute private property within one mile of
22 Site B for the benefit of displaced businesses located on
23 property being acquired by the Authority. However, no
24 such substitute property may be acquired by the Authority
25 unless the mayor of the municipality in which the
26 property is located certifies in writing that the
27 acquisition is consistent with the municipality's land
28 use and economic development policies and goals. The
29 acquisition of substitute property is declared to be for
30 public use. In exercising the powers authorized in this
31 subsection (f), the Authority shall use its best efforts
32 to relocate businesses within the area of McCormick Place
33 or, failing that, within the City of Chicago.
34 (g) To enter into contracts relating to
SB1010 Enrolled -83- SRS91SB0007ABge
1 construction projects which provide for the delivery by
2 the contractor of a completed project, structure,
3 improvement, or specific portion thereof, for a fixed
4 maximum price, which contract may provide that the
5 delivery of the project, structure, improvement, or
6 specific portion thereof, for the fixed maximum price is
7 insured or guaranteed by a third party capable of
8 completing the construction.
9 (h) To enter into agreements with any person with
10 respect to the use and occupancy of the grounds,
11 buildings, and facilities of the Authority, including
12 concession, license, and lease agreements on terms and
13 conditions as the Authority determines. Notwithstanding
14 Section 24, agreements with respect to the use and
15 occupancy of the grounds, buildings, and facilities of
16 the Authority for a term of more than one year shall be
17 entered into in accordance with the procurement process
18 provided for in Section 25.1.
19 (i) To enter into agreements with any person with
20 respect to the operation and management of the grounds,
21 buildings, and facilities of the Authority or the
22 provision of goods and services on terms and conditions
23 as the Authority determines.
24 (j) After conducting the procurement process
25 provided for in Section 25.1, to enter into one or more
26 contracts to provide for the design and construction of
27 all or part of the Authority's Expansion Project grounds,
28 buildings, and facilities. Any contract for design and
29 construction of the Expansion Project shall be in the
30 form authorized by subsection (g), shall be for a fixed
31 maximum price not in excess of the funds that are
32 authorized to be made available under the provisions of
33 this amendatory Act of 1991 for those purposes during the
34 term of the contract, and shall be entered into before
SB1010 Enrolled -84- SRS91SB0007ABge
1 commencement of construction.
2 (k) To enter into agreements, including project
3 agreements with labor unions, that the Authority deems
4 necessary to complete the Expansion Project or any other
5 construction or improvement project in the most timely
6 and efficient manner and without strikes, picketing, or
7 other actions that might cause disruption or delay and
8 thereby add to the cost of the project.
9 (l) Nothing in this amendatory Act of 1991 shall be
10 construed to authorize the Authority to spend the proceeds of
11 any bonds or notes issued under Section 13.2 or any taxes
12 levied under Section 13 this amendatory Act of 1991 to
13 construct a stadium to be leased to or used by professional
14 sports teams.
15 (Source: P.A. 87-733; 88-193; revised 10-31-98.)
16 (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
17 Sec. 13.2. The McCormick Place Expansion Project Fund is
18 created in the State Treasury. All moneys in the McCormick
19 Place Expansion Project Fund are allocated to and shall be
20 appropriated and used only for the purposes authorized by and
21 subject to the limitations and conditions of this Section
22 subsection. Those amounts may be appropriated by law to the
23 Authority for the purposes of paying the debt service
24 requirements on all bonds and notes, including refunding
25 bonds and notes issued to refund or advance refund bonds and
26 notes issued under this Section or issued to refund or
27 advance refund bonds and notes otherwise issued under this
28 Act, (collectively referred to as "bonds") to be issued by
29 the Authority under this Section in an aggregate original
30 principal amount (excluding the amount of any refunding bonds
31 and notes issued to refund or advance refund bonds or notes
32 issued under this Section) not to exceed $1,307,000,000
33 $1,037,000,000 for the purposes of carrying out and
SB1010 Enrolled -85- SRS91SB0007ABge
1 performing its duties and exercising its powers under this
2 Act. No refunding bonds issued to refund or advance refund
3 bonds issued under this Section may mature later than the
4 longest maturity date of the series of bonds being refunded.
5 After the aggregate original principal amount of bonds
6 authorized in this Section subsection has been issued, the
7 payment of any principal amount of such bonds does not
8 authorize the issuance of additional bonds (except refunding
9 bonds).
10 On the first day of each month commencing after July 1,
11 1993, amounts, if any, on deposit in the McCormick Place
12 Expansion Project Fund shall, subject to appropriation, be
13 paid in full to the Authority or, upon its direction, to the
14 trustee or trustees for bondholders of bonds that by their
15 terms are payable from the moneys received from the McCormick
16 Place Expansion Project Fund, until an amount equal to 100%
17 of the aggregate amount of the principal and interest in the
18 fiscal year, including that pursuant to sinking fund
19 requirements, has been so paid and deficiencies in reserves
20 shall have been remedied.
21 The State of Illinois pledges to and agrees with the
22 holders of the bonds of the Metropolitan Pier and Exposition
23 Authority issued under this Section that the State will not
24 limit or alter the rights and powers vested in the Authority
25 by this Act so as to impair the terms of any contract made by
26 the Authority with those holders or in any way impair the
27 rights and remedies of those holders until the bonds,
28 together with interest thereon, interest on any unpaid
29 installments of interest, and all costs and expenses in
30 connection with any action or proceedings by or on behalf of
31 those holders are fully met and discharged; provided that any
32 increase in the Tax Act Amounts specified in Section 3 of the
33 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
34 Section 9 of the Service Use Tax Act, and Section 9 of the
SB1010 Enrolled -86- SRS91SB0007ABge
1 Service Occupation Tax Act required to be deposited into the
2 Build Illinois Bond Account in the Build Illinois Fund
3 pursuant to any law hereafter enacted shall not be deemed to
4 impair the rights of such holders so long as the increase
5 does not result in the aggregate debt service payable in the
6 current or any future fiscal year of the State on all bonds
7 issued pursuant to the Build Illinois Bond Act and the
8 Metropolitan Pier and Exposition Authority Act and payable
9 from tax revenues specified in Section 3 of the Retailers'
10 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9
11 of the Service Use Tax Act, and Section 9 of the Service
12 Occupation Tax Act exceeding 33 1/3% of such tax revenues for
13 the most recently completed fiscal year of the State at the
14 time of such increase. In addition, the State pledges to and
15 agrees with the holders of the bonds of the Authority issued
16 under this Section that the State will not limit or alter the
17 basis on which State funds are to be paid to the Authority as
18 provided in this Act or the use of those funds so as to
19 impair the terms of any such contract; provided that any
20 increase in the Tax Act Amounts specified in Section 3 of the
21 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
22 Section 9 of the Service Use Tax Act, and Section 9 of the
23 Service Occupation Tax Act required to be deposited into the
24 Build Illinois Bond Account in the Build Illinois Fund
25 pursuant to any law hereafter enacted shall not be deemed to
26 impair the terms of any such contract so long as the increase
27 does not result in the aggregate debt service payable in the
28 current or any future fiscal year of the State on all bonds
29 issued pursuant to the Build Illinois Bond Act and the
30 Metropolitan Pier and Exposition Authority Act and payable
31 from tax revenues specified in Section 3 of the Retailers'
32 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9
33 of the Service Use Tax Act, and Section 9 of the Service
34 Occupation Tax Act exceeding 33 1/3% of such tax revenues for
SB1010 Enrolled -87- SRS91SB0007ABge
1 the most recently completed fiscal year of the State at the
2 time of such increase. The Authority is authorized to include
3 these pledges and agreements with the State in any contract
4 with the holders of bonds issued under this Section.
5 The State shall not be liable on bonds of the Authority
6 issued under this Section those bonds shall not be a debt of
7 the State, and this Act shall not be construed as a guarantee
8 by the State of the debts of the Authority. The bonds shall
9 contain a statement to this effect on the face of the bonds.
10 (Source: P.A. 90-612, eff. 7-8-98.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.
[ Top ]