093_HB3851ham001

 










                                     LRB093 13507 AMC 20160 a

 1                    AMENDMENT TO HOUSE BILL 3851

 2        AMENDMENT NO.     .  Amend House Bill 3851,  on  page  1,
 3    immediately below line 3, by inserting the following:

 4        "Section   5.   The Illinois Income Tax Act is amended by
 5    changing Section 215 as follows:

 6        (35 ILCS 5/215)
 7        Sec. 215. Transportation Employee Credit.
 8        (a)  For each taxable year beginning on or after  January
 9    1,  2004  and  on  or  before  December 31, 2004, a qualified
10    employer shall be allowed a credit against the tax imposed by
11    subsections (a) and (b) of Section 201 of  this  Act  in  the
12    amount  of  $50  for  each  eligible employee employed by the
13    taxpayer as of the last day of the taxable year.
14        (b)  For purposes of this Section,  "qualified  employer"
15    means:
16             (1)  any employer who pays a commercial distribution
17        fee  under  Section  3-815.1 of the Illinois Vehicle Code
18        during the taxable year; or
19             (2)  any employer who, as of the end of the  taxable
20        year,  has  one  or  more employees whose compensation is
21        subject to tax only by the employee's state of  residence
22        pursuant to 49 U.S.C 14503(a)(1).
 
                            -2-      LRB093 13507 AMC 20160 a
 1        (c)  For purposes of this Section, "employee" includes an
 2    individual  who  is  treated  as  an employee of the taxpayer
 3    under Section 401(c) of the Internal Revenue Code  and  whose
 4    actual  assigned duties are such that, if the individual were
 5    a common-law employee performing such duties  in  2  or  more
 6    states, the individual's compensation would be subject to tax
 7    only  by  the  individual's state of residence pursuant to 49
 8    U.S.C. 14503(a)(1).
 9        (d)  An employee is an "eligible employee" only if all of
10    the following criteria are met:
11             (1)  The employee is an operator of a motor vehicle;
12             (2)  The employee's  compensation,  pursuant  to  49
13        U.S.C.  14503(a)(1),  is  subject  to  tax  only  by  the
14        employee's state of residence, or would be subject to tax
15        only   by  the  employee's  state  of  residence  if  the
16        employee's actual duties were  performed  in  2  or  more
17        states;
18             (3)  As of the end of the taxable year for which the
19        credit  is  claimed,  the  employee is a resident of this
20        State for purposes of this Act and 49 U.S.C. 14503(a)(1);
21        and
22             (4)  The employee is a full-time employee working 30
23        or more hours per week for 180 consecutive days; provided
24        that such 180-day period may be completed after  the  end
25        of  the  taxable  year  for  which  the credit under this
26        Section is claimed.
27        (e)  For   partners,   shareholders   of   subchapter   S
28    corporations, and owners of limited liability  companies,  if
29    the limited liability company is treated as a partnership for
30    purposes of federal and State income taxation, there shall be
31    allowed  a  credit  under  this  Section  to be determined in
32    accordance with the determination of income and  distributive
33    share  of  income under Sections 702 and 704 and subchapter S
34    of the Internal Revenue Code.
 
                            -3-      LRB093 13507 AMC 20160 a
 1        (f)  Any credit  allowed  under  this  Section  which  is
 2    unused  in  the  year  the  credit  is  earned may be carried
 3    forward to each of the 5 taxable years following the year for
 4    which the credit is first computed until  it  is  used.  This
 5    credit  shall be applied first to the earliest year for which
 6    there is a liability. If there is a credit under this Section
 7    from more than one tax year that is  available  to  offset  a
 8    liability,  the  earliest  credit  arising under this Section
 9    shall be applied first.
10        (g)  (Blank) This Section is exempt from  the  provisions
11    of Section 250 of this Act.
12        (h)  The  Department  of  Revenue  shall  promulgate such
13    rules and regulations as may be deemed necessary to carry out
14    the purposes of this Section.
15    (Source: P.A. 93-23, eff. 6-20-03.)

16        Section 10.  The Use  Tax  Act  is  amended  by  changing
17    Section 3-5 as follows:

18        (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
19        Sec.  3-5.   Exemptions.   Use  of the following tangible
20    personal property is exempt from the tax imposed by this Act:
21        (1)  Personal  property  purchased  from  a  corporation,
22    society,    association,    foundation,    institution,    or
23    organization, other than a limited liability company, that is
24    organized and operated as a not-for-profit service enterprise
25    for the benefit of persons 65 years of age or  older  if  the
26    personal property was not purchased by the enterprise for the
27    purpose of resale by the enterprise.
28        (2)  Personal  property  purchased  by  a  not-for-profit
29    Illinois  county  fair  association  for  use  in conducting,
30    operating, or promoting the county fair.
31        (3)  Personal property purchased by a not-for-profit arts
32    or cultural organization that establishes, by proof  required
 
                            -4-      LRB093 13507 AMC 20160 a
 1    by  the Department by rule, that it has received an exemption
 2    under Section 501(c)(3) of the Internal Revenue Code and that
 3    is organized and operated primarily for the  presentation  or
 4    support  of  arts  or  cultural  programming,  activities, or
 5    services.  These organizations include, but are  not  limited
 6    to,  music  and  dramatic arts organizations such as symphony
 7    orchestras and theatrical groups, arts and  cultural  service
 8    organizations,    local    arts    councils,    visual   arts
 9    organizations, and media arts organizations. On and after the
10    effective date of this amendatory Act  of  the  92nd  General
11    Assembly,  however,  an  entity  otherwise  eligible for this
12    exemption shall not make tax-free purchases unless it has  an
13    active identification number issued by the Department.
14        (4)  Personal  property purchased by a governmental body,
15    by  a  corporation,  society,  association,  foundation,   or
16    institution    organized   and   operated   exclusively   for
17    charitable, religious,  or  educational  purposes,  or  by  a
18    not-for-profit corporation, society, association, foundation,
19    institution, or organization that has no compensated officers
20    or employees and that is organized and operated primarily for
21    the recreation of persons 55 years of age or older. A limited
22    liability  company  may  qualify for the exemption under this
23    paragraph only if the limited liability company is  organized
24    and  operated  exclusively  for  educational purposes. On and
25    after July 1, 1987, however, no entity otherwise eligible for
26    this exemption shall make tax-free purchases unless it has an
27    active  exemption  identification  number   issued   by   the
28    Department.
29        (5)  Until  July  1,  2003,  a  passenger  car  that is a
30    replacement vehicle to the extent that the purchase price  of
31    the car is subject to the Replacement Vehicle Tax.
32        (6)  Until  July  1,  2003,  graphic  arts  machinery and
33    equipment, including repair and replacement parts,  both  new
34    and  used,  and including that manufactured on special order,
 
                            -5-      LRB093 13507 AMC 20160 a
 1    certified by the purchaser to be used primarily  for  graphic
 2    arts   production,  and  including  machinery  and  equipment
 3    purchased  for  lease.    Equipment  includes  chemicals   or
 4    chemicals  acting  as  catalysts but only if the chemicals or
 5    chemicals acting as catalysts effect a direct  and  immediate
 6    change upon a graphic arts product.
 7        (7)  Farm chemicals.
 8        (8)  Legal  tender,  currency,  medallions,  or  gold  or
 9    silver   coinage   issued  by  the  State  of  Illinois,  the
10    government of the United States of America, or the government
11    of any foreign country, and bullion.
12        (9)  Personal property purchased from a teacher-sponsored
13    student  organization  affiliated  with  an   elementary   or
14    secondary school located in Illinois.
15        (10)  A  motor  vehicle  of  the  first division, a motor
16    vehicle of the second division that is a self-contained motor
17    vehicle designed or permanently converted to  provide  living
18    quarters  for  recreational,  camping,  or  travel  use, with
19    direct walk through to the living quarters from the  driver's
20    seat,  or  a  motor vehicle of the second division that is of
21    the van configuration designed for the transportation of  not
22    less  than  7  nor  more  than  16  passengers, as defined in
23    Section 1-146 of the Illinois Vehicle Code, that is used  for
24    automobile  renting,  as  defined  in  the Automobile Renting
25    Occupation and Use Tax Act.
26        (11)  Farm machinery and equipment, both  new  and  used,
27    including  that  manufactured  on special order, certified by
28    the purchaser to be used primarily for production agriculture
29    or  State  or  federal   agricultural   programs,   including
30    individual replacement parts for the machinery and equipment,
31    including  machinery  and  equipment purchased for lease, and
32    including implements of husbandry defined in Section 1-130 of
33    the Illinois Vehicle Code, farm  machinery  and  agricultural
34    chemical  and fertilizer spreaders, and nurse wagons required
 
                            -6-      LRB093 13507 AMC 20160 a
 1    to be registered under Section 3-809 of the Illinois  Vehicle
 2    Code,  but  excluding  other  motor  vehicles  required to be
 3    registered under the  Illinois  Vehicle  Code.  Horticultural
 4    polyhouses  or  hoop houses used for propagating, growing, or
 5    overwintering plants shall be considered farm  machinery  and
 6    equipment  under this item (11). Agricultural chemical tender
 7    tanks and dry boxes shall include units sold separately  from
 8    a  motor  vehicle  required  to  be  licensed  and units sold
 9    mounted on a motor vehicle required to  be  licensed  if  the
10    selling price of the tender is separately stated.
11        Farm  machinery  and  equipment  shall  include precision
12    farming equipment  that  is  installed  or  purchased  to  be
13    installed  on farm machinery and equipment including, but not
14    limited  to,  tractors,   harvesters,   sprayers,   planters,
15    seeders,  or spreaders. Precision farming equipment includes,
16    but is not  limited  to,  soil  testing  sensors,  computers,
17    monitors,  software,  global positioning and mapping systems,
18    and other such equipment.
19        Farm machinery and  equipment  also  includes  computers,
20    sensors,  software,  and  related equipment used primarily in
21    the computer-assisted  operation  of  production  agriculture
22    facilities,  equipment,  and  activities  such  as,  but  not
23    limited  to,  the  collection, monitoring, and correlation of
24    animal and crop data for the purpose  of  formulating  animal
25    diets  and  agricultural chemicals.  This item (11) is exempt
26    from the provisions of Section 3-90.
27        (12)  Fuel and petroleum products sold to or used  by  an
28    air  common  carrier, certified by the carrier to be used for
29    consumption, shipment, or  storage  in  the  conduct  of  its
30    business  as an air common carrier, for a flight destined for
31    or returning from a location or locations outside the  United
32    States  without  regard  to  previous  or subsequent domestic
33    stopovers.
34        (13)  Proceeds of mandatory  service  charges  separately
 
                            -7-      LRB093 13507 AMC 20160 a
 1    stated  on  customers' bills for the purchase and consumption
 2    of food and beverages purchased at retail from a retailer, to
 3    the extent that the proceeds of the  service  charge  are  in
 4    fact  turned  over as tips or as a substitute for tips to the
 5    employees who participate  directly  in  preparing,  serving,
 6    hosting  or  cleaning  up  the food or beverage function with
 7    respect to which the service charge is imposed.
 8        (14)  Until  July  1,  2003,   oil   field   exploration,
 9    drilling,  and  production  equipment, including (i) rigs and
10    parts of rigs, rotary rigs, cable  tool  rigs,  and  workover
11    rigs, (ii) pipe and tubular goods, including casing and drill
12    strings,  (iii) pumps and pump-jack units, (iv) storage tanks
13    and flow lines, (v) any individual replacement part  for  oil
14    field  exploration,  drilling,  and production equipment, and
15    (vi)  machinery  and  equipment  purchased  for  lease;   but
16    excluding  motor vehicles required to be registered under the
17    Illinois Vehicle Code.
18        (15)  Photoprocessing machinery and equipment,  including
19    repair  and  replacement  parts, both new and used, including
20    that  manufactured  on  special  order,  certified   by   the
21    purchaser  to  be  used  primarily  for  photoprocessing, and
22    including photoprocessing machinery and  equipment  purchased
23    for lease.
24        (16)  Until  July  1,  2003,  coal  exploration,  mining,
25    offhighway  hauling, processing, maintenance, and reclamation
26    equipment, including replacement  parts  and  equipment,  and
27    including  equipment purchased for lease, but excluding motor
28    vehicles required to be registered under the Illinois Vehicle
29    Code.
30        (17)  Until July  1,  2003,  distillation  machinery  and
31    equipment,  sold  as a unit or kit, assembled or installed by
32    the retailer, certified by the user to be used only  for  the
33    production of ethyl alcohol that will be used for consumption
34    as  motor  fuel  or  as  a  component  of  motor fuel for the
 
                            -8-      LRB093 13507 AMC 20160 a
 1    personal use of the user, and not subject to sale or resale.
 2        (18)  Manufacturing   and   assembling   machinery    and
 3    equipment  used  primarily in the process of manufacturing or
 4    assembling tangible personal property for wholesale or retail
 5    sale or lease, whether that sale or lease is made directly by
 6    the  manufacturer  or  by  some  other  person,  whether  the
 7    materials used in the process are owned by  the  manufacturer
 8    or  some  other person, or whether that sale or lease is made
 9    apart from or as an incident to the seller's engaging in  the
10    service  occupation of producing machines, tools, dies, jigs,
11    patterns, gauges, or other similar  items  of  no  commercial
12    value on special order for a particular purchaser.
13        (19)  Personal  property  delivered  to  a  purchaser  or
14    purchaser's donee inside Illinois when the purchase order for
15    that  personal  property  was  received  by a florist located
16    outside Illinois who has a florist  located  inside  Illinois
17    deliver the personal property.
18        (20)  Semen used for artificial insemination of livestock
19    for direct agricultural production.
20        (21)  Horses, or interests in horses, registered with and
21    meeting  the  requirements  of  any of the Arabian Horse Club
22    Registry of America, Appaloosa Horse Club,  American  Quarter
23    Horse  Association,  United  States  Trotting Association, or
24    Jockey Club, as appropriate, used for purposes of breeding or
25    racing for prizes.
26        (22)  Computers and communications equipment utilized for
27    any hospital purpose and equipment  used  in  the  diagnosis,
28    analysis,  or  treatment  of hospital patients purchased by a
29    lessor who leases the equipment, under a lease of one year or
30    longer executed or in effect at the  time  the  lessor  would
31    otherwise  be  subject  to  the tax imposed by this Act, to a
32    hospital  that  has  been  issued  an  active  tax  exemption
33    identification  number  by the Department under Section 1g of
34    the Retailers' Occupation  Tax  Act.   If  the  equipment  is
 
                            -9-      LRB093 13507 AMC 20160 a
 1    leased  in  a manner that does not qualify for this exemption
 2    or is used in any other non-exempt manner, the  lessor  shall
 3    be  liable  for the tax imposed under this Act or the Service
 4    Use Tax Act, as the case may be, based  on  the  fair  market
 5    value  of  the  property  at  the time the non-qualifying use
 6    occurs.  No lessor shall collect or  attempt  to  collect  an
 7    amount  (however  designated) that purports to reimburse that
 8    lessor for the tax imposed by this Act or the Service Use Tax
 9    Act, as the case may be, if the tax has not been paid by  the
10    lessor.  If a lessor improperly collects any such amount from
11    the  lessee,  the  lessee shall have a legal right to claim a
12    refund of that amount from the  lessor.   If,  however,  that
13    amount  is  not  refunded  to  the lessee for any reason, the
14    lessor is liable to pay that amount to the Department.
15        (23)  Personal property purchased by a lessor who  leases
16    the  property,  under a lease of  one year or longer executed
17    or in effect at  the  time  the  lessor  would  otherwise  be
18    subject  to  the  tax  imposed by this Act, to a governmental
19    body that has been  issued  an  active  sales  tax  exemption
20    identification  number  by the Department under Section 1g of
21    the Retailers' Occupation Tax Act. If the property is  leased
22    in  a manner that does not qualify for this exemption or used
23    in any other non-exempt manner, the lessor  shall  be  liable
24    for  the  tax  imposed  under this Act or the Service Use Tax
25    Act, as the case may be, based on the fair  market  value  of
26    the  property  at the time the non-qualifying use occurs.  No
27    lessor shall collect or attempt to collect an amount (however
28    designated) that purports to reimburse that  lessor  for  the
29    tax  imposed  by  this Act or the Service Use Tax Act, as the
30    case may be, if the tax has not been paid by the lessor.   If
31    a lessor improperly collects any such amount from the lessee,
32    the lessee shall have a legal right to claim a refund of that
33    amount  from  the  lessor.   If,  however, that amount is not
34    refunded to the lessee for any reason, the lessor  is  liable
 
                            -10-     LRB093 13507 AMC 20160 a
 1    to pay that amount to the Department.
 2        (24)  Beginning  with  taxable  years  ending on or after
 3    December 31, 1995 and ending with taxable years ending on  or
 4    before  December  31, 2004, personal property that is donated
 5    for disaster relief to  be  used  in  a  State  or  federally
 6    declared disaster area in Illinois or bordering Illinois by a
 7    manufacturer  or retailer that is registered in this State to
 8    a   corporation,   society,   association,   foundation,   or
 9    institution that  has  been  issued  a  sales  tax  exemption
10    identification  number by the Department that assists victims
11    of the disaster who reside within the declared disaster area.
12        (25)  Beginning with taxable years  ending  on  or  after
13    December  31, 1995 and ending with taxable years ending on or
14    before December 31, 2004, personal property that is  used  in
15    the  performance  of  infrastructure  repairs  in this State,
16    including but not limited to  municipal  roads  and  streets,
17    access  roads,  bridges,  sidewalks,  waste disposal systems,
18    water and  sewer  line  extensions,  water  distribution  and
19    purification  facilities,  storm water drainage and retention
20    facilities, and sewage treatment facilities, resulting from a
21    State or federally declared disaster in Illinois or bordering
22    Illinois  when  such  repairs  are  initiated  on  facilities
23    located in the declared disaster area within 6  months  after
24    the disaster.
25        (26)  Beginning   July   1,  1999,  game  or  game  birds
26    purchased at a "game breeding and hunting preserve  area"  or
27    an  "exotic game hunting area" as those terms are used in the
28    Wildlife Code or at  a  hunting  enclosure  approved  through
29    rules  adopted  by the Department of Natural Resources.  This
30    paragraph is exempt from the provisions of Section 3-90.
31        (27)  A motor vehicle, as that term is defined in Section
32    1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
33    corporation, limited liability company, society, association,
34    foundation,   or   institution  that  is  determined  by  the
 
                            -11-     LRB093 13507 AMC 20160 a
 1    Department to  be  organized  and  operated  exclusively  for
 2    educational  purposes.    For  purposes of this exemption, "a
 3    corporation, limited liability company, society, association,
 4    foundation, or institution organized and operated exclusively
 5    for educational  purposes"  means  all  tax-supported  public
 6    schools, private schools that offer systematic instruction in
 7    useful  branches  of  learning  by  methods  common to public
 8    schools  and  that  compare  favorably  in  their  scope  and
 9    intensity with the course of study presented in tax-supported
10    schools, and vocational or technical  schools  or  institutes
11    organized  and  operated  exclusively  to provide a course of
12    study of not less than  6  weeks  duration  and  designed  to
13    prepare  individuals to follow a trade or to pursue a manual,
14    technical, mechanical, industrial,  business,  or  commercial
15    occupation.
16        (28)  Beginning  January  1,  2000,   personal  property,
17    including  food, purchased through fundraising events for the
18    benefit of  a  public  or  private  elementary  or  secondary
19    school,  a  group  of  those  schools,  or one or more school
20    districts if the events are sponsored by an entity recognized
21    by the school district that consists primarily of  volunteers
22    and  includes  parents  and  teachers of the school children.
23    This paragraph does not apply to fundraising events  (i)  for
24    the benefit of private home instruction or (ii) for which the
25    fundraising  entity  purchases  the personal property sold at
26    the events from another individual or entity  that  sold  the
27    property  for the purpose of resale by the fundraising entity
28    and that profits from the sale  to  the  fundraising  entity.
29    This paragraph is exempt from the provisions of Section 3-90.
30        (29)  Beginning  January 1, 2000 and through December 31,
31    2001, new or used automatic vending machines that prepare and
32    serve hot food and beverages,  including  coffee,  soup,  and
33    other  items,  and  replacement  parts  for  these  machines.
34    Beginning January 1, 2002 and through June 30, 2003, machines
 
                            -12-     LRB093 13507 AMC 20160 a
 1    and  parts  for  machines  used  in commercial, coin-operated
 2    amusement and vending business if a use or occupation tax  is
 3    paid  on  the  gross  receipts  derived  from  the use of the
 4    commercial, coin-operated  amusement  and  vending  machines.
 5    This paragraph is exempt from the provisions of Section 3-90.
 6        (30)  Food  for  human consumption that is to be consumed
 7    off the premises where  it  is  sold  (other  than  alcoholic
 8    beverages,  soft  drinks, and food that has been prepared for
 9    immediate consumption) and prescription  and  nonprescription
10    medicines,  drugs,  medical  appliances,  and  insulin, urine
11    testing materials, syringes, and needles used  by  diabetics,
12    for  human  use, when purchased for use by a person receiving
13    medical assistance under Article 5 of the Illinois Public Aid
14    Code who resides in a licensed long-term  care  facility,  as
15    defined in the Nursing Home Care Act.
16        (31)  Beginning  on the effective date of this amendatory
17    Act   of   the   92nd   General   Assembly,   computers   and
18    communications equipment utilized for  any  hospital  purpose
19    and  equipment  used in the diagnosis, analysis, or treatment
20    of hospital patients purchased by a  lessor  who  leases  the
21    equipment, under a lease of one year or longer executed or in
22    effect  at  the time the lessor would otherwise be subject to
23    the tax imposed by this Act, to  a  hospital  that  has  been
24    issued  an  active tax exemption identification number by the
25    Department under Section 1g of the Retailers' Occupation  Tax
26    Act.   If  the  equipment is leased in a manner that does not
27    qualify for this exemption or is used in any other  nonexempt
28    manner,  the lessor shall be liable for the tax imposed under
29    this Act or the Service Use Tax Act,  as  the  case  may  be,
30    based  on  the  fair market value of the property at the time
31    the nonqualifying use occurs.  No  lessor  shall  collect  or
32    attempt  to  collect  an  amount  (however  designated)  that
33    purports to reimburse that lessor for the tax imposed by this
34    Act  or  the  Service Use Tax Act, as the case may be, if the
 
                            -13-     LRB093 13507 AMC 20160 a
 1    tax has not been paid by the lessor.  If a lessor  improperly
 2    collects  any  such  amount from the lessee, the lessee shall
 3    have a legal right to claim a refund of that amount from  the
 4    lessor.   If,  however,  that  amount  is not refunded to the
 5    lessee for any reason, the  lessor  is  liable  to  pay  that
 6    amount  to  the Department. This paragraph is exempt from the
 7    provisions of Section 3-90.
 8        (32)  Beginning on the effective date of this  amendatory
 9    Act of the 92nd General Assembly, personal property purchased
10    by  a  lessor  who  leases the property, under a lease of one
11    year or longer executed or in effect at the time  the  lessor
12    would otherwise be subject to the tax imposed by this Act, to
13    a  governmental body that has been issued an active sales tax
14    exemption  identification  number  by  the  Department  under
15    Section 1g of the Retailers'  Occupation  Tax  Act.   If  the
16    property is leased in a manner that does not qualify for this
17    exemption  or  used in any other nonexempt manner, the lessor
18    shall be liable for the tax imposed under  this  Act  or  the
19    Service  Use  Tax  Act, as the case may be, based on the fair
20    market value of the property at the  time  the  nonqualifying
21    use occurs.  No lessor shall collect or attempt to collect an
22    amount  (however  designated) that purports to reimburse that
23    lessor for the tax imposed by this Act or the Service Use Tax
24    Act, as the case may be, if the tax has not been paid by  the
25    lessor.  If a lessor improperly collects any such amount from
26    the  lessee,  the  lessee shall have a legal right to claim a
27    refund of that amount from the  lessor.   If,  however,  that
28    amount  is  not  refunded  to  the lessee for any reason, the
29    lessor is liable to pay that amount to the Department.   This
30    paragraph is exempt from the provisions of Section 3-90.
31        (33)  On and after July 1, 2003, the use in this State of
32    motor  vehicles  of  the second division with a gross vehicle
33    weight in excess of 8,000 pounds and that are subject to  the
34    commercial  distribution fee imposed under Section 3-815.1 of
 
                            -14-     LRB093 13507 AMC 20160 a
 1    the Illinois Vehicle Code. This exemption applies  to  repair
 2    and  replacement  parts  added  after the initial purchase of
 3    such a motor vehicle if that  motor  vehicle  is  used  in  a
 4    manner  that  would  qualify  for the rolling stock exemption
 5    otherwise provided for in this Act.
 6    (Source:  P.A.  92-35,  eff.  7-1-01;  92-227,  eff.  8-2-01;
 7    92-337, eff. 8-10-01;  92-484,  eff.  8-23-01;  92-651,  eff.
 8    7-11-02;  93-23,  eff.  6-20-03; 93-24, eff. 6-20-03; revised
 9    9-11-03.)

10        Section 15.  The  Service  Use  Tax  Act  is  amended  by
11    changing Section 2 as follows:

12        (35 ILCS 110/2) (from Ch. 120, par. 439.32)
13        Sec.  2.  "Use"  means  the exercise by any person of any
14    right or power over tangible personal  property  incident  to
15    the ownership of that property, but does not include the sale
16    or  use for demonstration by him of that property in any form
17    as tangible  personal  property  in  the  regular  course  of
18    business.  "Use"  does  not  mean the interim use of tangible
19    personal property nor the physical incorporation of  tangible
20    personal  property,  as  an  ingredient  or constituent, into
21    other tangible personal property, (a) which is  sold  in  the
22    regular   course   of   business  or  (b)  which  the  person
23    incorporating such  ingredient  or  constituent  therein  has
24    undertaken  at  the  time  of  such  purchase  to cause to be
25    transported in interstate commerce  to  destinations  outside
26    the State of Illinois.
27        "Purchased  from  a  serviceman" means the acquisition of
28    the ownership of, or title  to,  tangible  personal  property
29    through a sale of service.
30        "Purchaser"  means  any  person  who,  through  a sale of
31    service, acquires the ownership of, or title to, any tangible
32    personal property.
 
                            -15-     LRB093 13507 AMC 20160 a
 1        "Cost  price"  means  the  consideration  paid   by   the
 2    serviceman  for  a  purchase valued in money, whether paid in
 3    money or otherwise, including cash, credits and services, and
 4    shall be determined without any deduction on account  of  the
 5    supplier's  cost  of  the  property sold or on account of any
 6    other expense incurred by the  supplier.  When  a  serviceman
 7    contracts  out  part  or  all of the services required in his
 8    sale of service, it shall be presumed that the cost price  to
 9    the  serviceman  of the property transferred to him or her by
10    his  or  her  subcontractor  is   equal   to   50%   of   the
11    subcontractor's  charges  to the serviceman in the absence of
12    proof of the consideration paid by the subcontractor for  the
13    purchase of such property.
14        "Selling price" means the consideration for a sale valued
15    in  money  whether  received in money or otherwise, including
16    cash, credits and service, and shall  be  determined  without
17    any  deduction  on  account  of  the serviceman's cost of the
18    property sold, the cost of materials used, labor  or  service
19    cost  or  any  other expense whatsoever, but does not include
20    interest or finance charges which appear as separate items on
21    the bill of sale or sales contract nor charges that are added
22    to prices by sellers on  account  of  the  seller's  duty  to
23    collect,  from the purchaser, the tax that is imposed by this
24    Act.
25        "Department" means the Department of Revenue.
26        "Person" means any natural individual, firm, partnership,
27    association, joint stock company, joint  venture,  public  or
28    private  corporation,  limited  liability  company,  and  any
29    receiver, executor, trustee, guardian or other representative
30    appointed by order of any court.
31        "Sale of service" means any transaction except:
32             (1)  a  retail  sale  of  tangible personal property
33        taxable under the Retailers' Occupation Tax Act or  under
34        the Use Tax Act.
 
                            -16-     LRB093 13507 AMC 20160 a
 1             (2)  a  sale  of  tangible personal property for the
 2        purpose of resale made in compliance with Section  2c  of
 3        the Retailers' Occupation Tax Act.
 4             (3)  except  as  hereinafter  provided,  a  sale  or
 5        transfer  of tangible personal property as an incident to
 6        the rendering of service for or by any governmental body,
 7        or for  or  by  any  corporation,  society,  association,
 8        foundation   or   institution   organized   and  operated
 9        exclusively  for  charitable,  religious  or  educational
10        purposes  or  any  not-for-profit  corporation,  society,
11        association,  foundation,  institution  or   organization
12        which  has no compensated officers or employees and which
13        is organized and operated primarily for the recreation of
14        persons 55 years of age or  older.  A  limited  liability
15        company   may   qualify  for  the  exemption  under  this
16        paragraph  only  if  the  limited  liability  company  is
17        organized  and  operated  exclusively   for   educational
18        purposes.
19             (4)  a   sale   or  transfer  of  tangible  personal
20        property as an incident to the rendering of  service  for
21        interstate  carriers  for  hire  for use as rolling stock
22        moving in interstate commerce or by lessors under a lease
23        of one year or longer, executed or in effect at the  time
24        of  purchase of personal property, to interstate carriers
25        for hire for use as rolling stock  moving  in  interstate
26        commerce  so  long as so used by such interstate carriers
27        for hire, and equipment operated by a  telecommunications
28        provider,  licensed  as  a  common carrier by the Federal
29        Communications Commission, which is permanently installed
30        in or affixed to aircraft moving in interstate commerce.
31             (4a)  a  sale  or  transfer  of  tangible   personal
32        property  as  an incident to the rendering of service for
33        owners,  lessors,  or  shippers  of   tangible   personal
34        property  which  is  utilized  by interstate carriers for
 
                            -17-     LRB093 13507 AMC 20160 a
 1        hire for  use  as  rolling  stock  moving  in  interstate
 2        commerce  so  long  as so used by interstate carriers for
 3        hire, and  equipment  operated  by  a  telecommunications
 4        provider,  licensed  as  a  common carrier by the Federal
 5        Communications Commission, which is permanently installed
 6        in or affixed to aircraft moving in interstate commerce.
 7             (4a-5)  on  and  after  July  1,  2003,  a  sale  or
 8        transfer of a motor vehicle of the  second division  with
 9        a  gross  vehicle  weight in excess of 8,000 pounds as an
10        incident to  the  rendering  of  service  if  that  motor
11        vehicle  is  subject   to the commercial distribution fee
12        imposed under Section 3-815.1  of  the  Illinois  Vehicle
13        Code.    This exemption applies to repair and replacement
14        parts added after the initial  purchase of such  a  motor
15        vehicle  if  that  motor vehicle is used in a manner that
16        would  qualify for the rolling stock exemption  otherwise
17        provided for in this Act.
18             (5)  a  sale  or transfer of machinery and equipment
19        used primarily in the process  of  the  manufacturing  or
20        assembling,  either  in an existing, an expanded or a new
21        manufacturing facility, of tangible personal property for
22        wholesale or retail sale or lease, whether such  sale  or
23        lease  is  made  directly  by the manufacturer or by some
24        other person, whether the materials used in  the  process
25        are  owned  by  the manufacturer or some other person, or
26        whether such sale or lease is made apart from  or  as  an
27        incident to the seller's engaging in a service occupation
28        and  the  applicable  tax is a Service Use Tax or Service
29        Occupation  Tax,  rather  than  Use  Tax  or   Retailers'
30        Occupation Tax.
31             (5a)  the  repairing,  reconditioning or remodeling,
32        for a  common  carrier  by  rail,  of  tangible  personal
33        property  which  belongs to such carrier for hire, and as
34        to which such carrier receives the physical possession of
 
                            -18-     LRB093 13507 AMC 20160 a
 1        the repaired, reconditioned or remodeled item of tangible
 2        personal property in Illinois,  and  which  such  carrier
 3        transports,  or shares with another common carrier in the
 4        transportation of such property, out  of  Illinois  on  a
 5        standard  uniform  bill  of lading showing the person who
 6        repaired, reconditioned or remodeled the  property  to  a
 7        destination outside Illinois, for use outside Illinois.
 8             (5b)  a   sale  or  transfer  of  tangible  personal
 9        property which is  produced  by  the  seller  thereof  on
10        special  order  in  such  a  way  as  to  have  made  the
11        applicable  tax the Service Occupation Tax or the Service
12        Use Tax, rather than the Retailers' Occupation Tax or the
13        Use Tax, for an interstate carrier by rail which receives
14        the physical possession of such property in Illinois, and
15        which transports such property, or  shares  with  another
16        common  carrier  in  the transportation of such property,
17        out of Illinois on a  standard  uniform  bill  of  lading
18        showing  the  seller  of  the  property as the shipper or
19        consignor of  such  property  to  a  destination  outside
20        Illinois, for use outside Illinois.
21             (6)  until  July  1,  2003,  a  sale  or transfer of
22        distillation machinery and equipment, sold as a  unit  or
23        kit  and  assembled  or  installed by the retailer, which
24        machinery and equipment is certified by the  user  to  be
25        used  only  for the production of ethyl alcohol that will
26        be used for consumption as motor fuel or as  a  component
27        of  motor  fuel for the personal use of such user and not
28        subject to sale or resale.
29             (7)  at the election of any serviceman not  required
30        to be otherwise registered as a retailer under Section 2a
31        of  the  Retailers'  Occupation  Tax  Act,  made for each
32        fiscal year sales  of  service  in  which  the  aggregate
33        annual   cost   price   of   tangible  personal  property
34        transferred as an incident to the  sales  of  service  is
 
                            -19-     LRB093 13507 AMC 20160 a
 1        less   than  35%,  or  75%  in  the  case  of  servicemen
 2        transferring prescription drugs or servicemen engaged  in
 3        graphic  arts  production,  of the aggregate annual total
 4        gross receipts from all sales of service. The purchase of
 5        such tangible personal property by the  serviceman  shall
 6        be subject to tax under the Retailers' Occupation Tax Act
 7        and the Use Tax Act. However, if a primary serviceman who
 8        has   made  the  election  described  in  this  paragraph
 9        subcontracts service work to a secondary  serviceman  who
10        has  also  made the election described in this paragraph,
11        the primary serviceman does not incur a Use Tax liability
12        if the secondary serviceman (i) has paid or will pay  Use
13        Tax  on  his  or  her cost price of any tangible personal
14        property transferred to the primary serviceman  and  (ii)
15        certifies that fact in writing to the primary serviceman.
16        Tangible  personal  property  transferred incident to the
17    completion of a maintenance agreement is exempt from the  tax
18    imposed pursuant to this Act.
19        Exemption  (5) also includes machinery and equipment used
20    in the general maintenance or repair of such exempt machinery
21    and equipment or for in-house manufacture of exempt machinery
22    and equipment. For the purposes of  exemption  (5),  each  of
23    these   terms   shall   have  the  following  meanings:   (1)
24    "manufacturing process" shall  mean  the  production  of  any
25    article  of  tangible personal property, whether such article
26    is a finished product or an article for use in the process of
27    manufacturing or assembling a different article  of  tangible
28    personal   property,   by  procedures  commonly  regarded  as
29    manufacturing, processing,  fabricating,  or  refining  which
30    changes  some  existing material or materials into a material
31    with a different  form,  use  or  name.   In  relation  to  a
32    recognized  integrated  business  composed  of  a  series  of
33    operations  which  collectively  constitute manufacturing, or
34    individually   constitute   manufacturing   operations,   the
 
                            -20-     LRB093 13507 AMC 20160 a
 1    manufacturing process shall be deemed to  commence  with  the
 2    first  operation  or  stage  of production in the series, and
 3    shall not be deemed to end until the completion of the  final
 4    product  in  the last operation or stage of production in the
 5    series;  and  further,  for  purposes   of   exemption   (5),
 6    photoprocessing  is  deemed  to be a manufacturing process of
 7    tangible personal property for wholesale or retail sale;  (2)
 8    "assembling process" shall mean the production of any article
 9    of  tangible  personal  property,  whether  such article is a
10    finished product or an article for  use  in  the  process  of
11    manufacturing  or  assembling a different article of tangible
12    personal property, by the combination of  existing  materials
13    in  a manner commonly regarded as assembling which results in
14    a material of a different form, use or name; (3)  "machinery"
15    shall  mean  major mechanical machines or major components of
16    such machines contributing to a manufacturing  or  assembling
17    process;  and  (4)  "equipment" shall include any independent
18    device or tool separate from any machinery but  essential  to
19    an  integrated  manufacturing  or assembly process; including
20    computers  used  primarily  in  a   manufacturer's   computer
21    assisted  design,  computer  assisted manufacturing (CAD/CAM)
22    system; or any subunit or assembly comprising a component  of
23    any  machinery  or  auxiliary, adjunct or attachment parts of
24    machinery, such as tools, dies, jigs, fixtures, patterns  and
25    molds; or any parts which require periodic replacement in the
26    course of normal operation; but shall not include hand tools.
27    Equipment includes chemicals or chemicals acting as catalysts
28    but  only  if  the chemicals or chemicals acting as catalysts
29    effect a direct and immediate change  upon  a  product  being
30    manufactured  or  assembled  for  wholesale or retail sale or
31    lease. The purchaser of such machinery and equipment who  has
32    an  active  resale  registration  number  shall  furnish such
33    number to the seller at the time of  purchase.  The  user  of
34    such  machinery  and  equipment  and  tools without an active
 
                            -21-     LRB093 13507 AMC 20160 a
 1    resale registration number shall  prepare  a  certificate  of
 2    exemption for each transaction stating facts establishing the
 3    exemption  for  that  transaction, which certificate shall be
 4    available to the Department for  inspection  or  audit.   The
 5    Department shall prescribe the form of the certificate.
 6        Any  informal  rulings, opinions or letters issued by the
 7    Department in response to  an  inquiry  or  request  for  any
 8    opinion   from   any   person   regarding  the  coverage  and
 9    applicability of exemption (5) to specific devices  shall  be
10    published,  maintained as a public record, and made available
11    for public inspection and copying.  If the  informal  ruling,
12    opinion   or   letter   contains   trade   secrets  or  other
13    confidential information, where possible the Department shall
14    delete such information prior to publication.  Whenever  such
15    informal  rulings, opinions, or letters contain any policy of
16    general applicability, the  Department  shall  formulate  and
17    adopt such policy as a rule in accordance with the provisions
18    of the Illinois Administrative Procedure Act.
19        On  and  after July 1, 1987, no entity otherwise eligible
20    under exemption (3) of  this  Section  shall  make  tax  free
21    purchases  unless  it  has an active exemption identification
22    number issued by the Department.
23        The purchase, employment and transfer  of  such  tangible
24    personal  property  as  newsprint  and  ink  for  the primary
25    purpose of conveying news (with or without other information)
26    is not a purchase, use or sale  of  service  or  of  tangible
27    personal property within the meaning of this Act.
28        "Serviceman"  means  any  person  who  is  engaged in the
29    occupation of making sales of service.
30        "Sale at retail" means "sale at retail" as defined in the
31    Retailers' Occupation Tax Act.
32        "Supplier" means any person who makes sales  of  tangible
33    personal  property to servicemen for the purpose of resale as
34    an incident to a sale of service.
 
                            -22-     LRB093 13507 AMC 20160 a
 1        "Serviceman maintaining  a  place  of  business  in  this
 2    State", or any like term, means and includes any serviceman:
 3             1.  having   or   maintaining   within  this  State,
 4        directly or by  a  subsidiary,  an  office,  distribution
 5        house, sales house, warehouse or other place of business,
 6        or  any  agent  or  other representative operating within
 7        this State under the authority of the serviceman  or  its
 8        subsidiary,   irrespective   of  whether  such  place  of
 9        business or agent or other representative is located here
10        permanently or temporarily, or whether such serviceman or
11        subsidiary is licensed to do business in this State;
12             2.  soliciting orders for tangible personal property
13        by means of a telecommunication  or  television  shopping
14        system  (which  utilizes  toll  free  numbers)  which  is
15        intended  by  the  retailer  to  be  broadcast  by  cable
16        television  or  other means of broadcasting, to consumers
17        located in this State;
18             3.  pursuant to a contract  with  a  broadcaster  or
19        publisher  located  in  this State, soliciting orders for
20        tangible personal property by means of advertising  which
21        is  disseminated  primarily  to consumers located in this
22        State and only secondarily to bordering jurisdictions;
23             4.  soliciting orders for tangible personal property
24        by  mail  if  the  solicitations  are   substantial   and
25        recurring  and if the retailer benefits from any banking,
26        financing,   debt   collection,   telecommunication,   or
27        marketing activities occurring in this State or  benefits
28        from   the   location   in   this   State  of  authorized
29        installation, servicing, or repair facilities;
30             5.  being owned or controlled by the same  interests
31        which own or control any retailer engaging in business in
32        the same or similar line of business in this State;
33             6.  having  a franchisee or licensee operating under
34        its trade name if the franchisee or licensee is  required
 
                            -23-     LRB093 13507 AMC 20160 a
 1        to collect the tax under this Section;
 2             7.  pursuant  to  a contract with a cable television
 3        operator located in this  State,  soliciting  orders  for
 4        tangible  personal property by means of advertising which
 5        is transmitted or distributed  over  a  cable  television
 6        system in this State; or
 7             8.  engaging   in   activities  in  Illinois,  which
 8        activities in the state  in  which  the  supply  business
 9        engaging  in  such activities is located would constitute
10        maintaining a place of business in that state.
11    (Source: P.A. 92-484,  eff.  8-23-01;  93-23,  eff.  6-20-03;
12    93-24, eff. 6-20-03; revised 8-21-03.)

13        Section 20.  The Service Occupation Tax Act is amended by
14    changing Section 2 as follows:

15        (35 ILCS 115/2) (from Ch. 120, par. 439.102)
16        Sec.  2.  "Transfer"  means  any transfer of the title to
17    property or of the ownership of property whether or  not  the
18    transferor  retains  title  as  security  for  the payment of
19    amounts due him from the transferee.
20        "Cost  Price"  means  the  consideration  paid   by   the
21    serviceman  for  a  purchase valued in money, whether paid in
22    money or otherwise, including cash, credits and services, and
23    shall be determined without any deduction on account  of  the
24    supplier's  cost  of  the  property sold or on account of any
25    other expense incurred by the  supplier.  When  a  serviceman
26    contracts  out  part  or  all of the services required in his
27    sale of service, it shall be presumed that the cost price  to
28    the  serviceman  of the property transferred to him by his or
29    her subcontractor is equal  to  50%  of  the  subcontractor's
30    charges  to  the  serviceman  in  the absence of proof of the
31    consideration paid by the subcontractor for the  purchase  of
32    such property.
 
                            -24-     LRB093 13507 AMC 20160 a
 1        "Department" means the Department of Revenue.
 2        "Person" means any natural individual, firm, partnership,
 3    association,  joint  stock  company, joint venture, public or
 4    private  corporation,  limited  liability  company,  and  any
 5    receiver, executor, trustee, guardian or other representative
 6    appointed by order of any court.
 7        "Sale of Service" means any transaction except:
 8        (a)  A retail sale of tangible personal property  taxable
 9    under  the Retailers' Occupation Tax Act or under the Use Tax
10    Act.
11        (b)  A sale of tangible personal property for the purpose
12    of  resale  made  in  compliance  with  Section  2c  of   the
13    Retailers' Occupation Tax Act.
14        (c)  Except  as  hereinafter provided, a sale or transfer
15    of tangible personal property as an incident to the rendering
16    of service for or by any governmental body or for or  by  any
17    corporation,  society, association, foundation or institution
18    organized and operated exclusively for charitable,  religious
19    or  educational  purposes  or any not-for-profit corporation,
20    society, association, foundation, institution or organization
21    which has no compensated officers or employees and  which  is
22    organized  and  operated  primarily  for  the  recreation  of
23    persons 55 years of age or older. A limited liability company
24    may  qualify  for  the exemption under this paragraph only if
25    the limited  liability  company  is  organized  and  operated
26    exclusively for educational purposes.
27        (d)  A  sale or transfer of tangible personal property as
28    an incident  to  the  rendering  of  service  for  interstate
29    carriers  for  hire  for  use  as  rolling  stock  moving  in
30    interstate  commerce  or  lessors under leases of one year or
31    longer, executed or in effect at the  time  of  purchase,  to
32    interstate  carriers for hire for use as rolling stock moving
33    in  interstate  commerce,  and  equipment   operated   by   a
34    telecommunications  provider, licensed as a common carrier by
 
                            -25-     LRB093 13507 AMC 20160 a
 1    the Federal Communications Commission, which  is  permanently
 2    installed  in  or  affixed  to  aircraft moving in interstate
 3    commerce.
 4        (d-1)  A sale or transfer of tangible  personal  property
 5    as  an  incident  to  the  rendering  of  service for owners,
 6    lessors or shippers of tangible personal  property  which  is
 7    utilized  by  interstate carriers for hire for use as rolling
 8    stock moving in interstate commerce, and  equipment  operated
 9    by  a  telecommunications  provider,  licensed  as  a  common
10    carrier  by  the  Federal Communications Commission, which is
11    permanently installed in or affixed  to  aircraft  moving  in
12    interstate commerce.
13        (d-1.1)  On and after July 1, 2003, a sale or transfer of
14    a  motor  vehicle of the second division with a gross vehicle
15    weight in excess of  8,000  pounds  as  an  incident  to  the
16    rendering  of service if that motor vehicle is subject to the
17    commercial distribution fee imposed under Section 3-815.1  of
18    the  Illinois  Vehicle Code. This exemption applies to repair
19    and replacement parts added after  the  initial  purchase  of
20    such  a  motor  vehicle  if  that  motor vehicle is used in a
21    manner that would qualify for  the  rolling  stock  exemption
22    otherwise provided for in this Act.
23        (d-2)  The repairing, reconditioning or remodeling, for a
24    common  carrier  by rail, of tangible personal property which
25    belongs to such carrier  for  hire,  and  as  to  which  such
26    carrier  receives  the  physical  possession of the repaired,
27    reconditioned or remodeled item of tangible personal property
28    in Illinois, and which such  carrier  transports,  or  shares
29    with  another  common  carrier  in the transportation of such
30    property, out of Illinois  on  a  standard  uniform  bill  of
31    lading  showing  the  person  who  repaired, reconditioned or
32    remodeled the property as the shipper or  consignor  of  such
33    property  to  a destination outside Illinois, for use outside
34    Illinois.
 
                            -26-     LRB093 13507 AMC 20160 a
 1        (d-3)  A sale or transfer of tangible  personal  property
 2    which  is  produced by the seller thereof on special order in
 3    such a way as to have made the  applicable  tax  the  Service
 4    Occupation  Tax  or  the  Service  Use  Tax,  rather than the
 5    Retailers' Occupation Tax or the Use Tax, for  an  interstate
 6    carrier  by  rail  which  receives the physical possession of
 7    such  property  in  Illinois,  and  which   transports   such
 8    property,  or  shares  with  another  common  carrier  in the
 9    transportation  of  such  property,  out  of  Illinois  on  a
10    standard uniform bill of lading showing  the  seller  of  the
11    property  as  the  shipper or consignor of such property to a
12    destination outside Illinois, for use outside Illinois.
13        (d-4)  Until January 1, 1997, a  sale,  by  a  registered
14    serviceman  paying  tax  under this Act to the Department, of
15    special order printed materials  delivered  outside  Illinois
16    and which are not returned to this State, if delivery is made
17    by  the seller or agent of the seller, including an agent who
18    causes the product to be  delivered  outside  Illinois  by  a
19    common carrier or the U.S. postal service.
20        (e)  A  sale  or transfer of machinery and equipment used
21    primarily in the process of the manufacturing or  assembling,
22    either  in  an  existing,  an expanded or a new manufacturing
23    facility, of tangible  personal  property  for  wholesale  or
24    retail  sale  or  lease,  whether  such sale or lease is made
25    directly by the manufacturer or by some other person, whether
26    the  materials  used  in  the  process  are  owned   by   the
27    manufacturer  or  some  other person, or whether such sale or
28    lease is made apart from or as an incident  to  the  seller's
29    engaging  in a service occupation and the applicable tax is a
30    Service Occupation  Tax  or  Service  Use  Tax,  rather  than
31    Retailers' Occupation Tax or Use Tax.
32        (f)  Until   July  1,  2003,  the  sale  or  transfer  of
33    distillation machinery and equipment, sold as a unit  or  kit
34    and  assembled  or installed by the retailer, which machinery
 
                            -27-     LRB093 13507 AMC 20160 a
 1    and equipment is certified by the user to be  used  only  for
 2    the  production  of  ethyl  alcohol  that  will  be  used for
 3    consumption as motor fuel or as a component of motor fuel for
 4    the personal use of such user and  not  subject  to  sale  or
 5    resale.
 6        (g)  At the election of any serviceman not required to be
 7    otherwise  registered  as  a retailer under Section 2a of the
 8    Retailers' Occupation Tax Act,  made  for  each  fiscal  year
 9    sales  of service in which the aggregate annual cost price of
10    tangible personal property transferred as an incident to  the
11    sales  of  service  is  less  than  35%  (75%  in the case of
12    servicemen  transferring  prescription  drugs  or  servicemen
13    engaged in graphic arts production) of the  aggregate  annual
14    total  gross receipts from all sales of service. The purchase
15    of such tangible personal property by the serviceman shall be
16    subject to tax under the Retailers' Occupation  Tax  Act  and
17    the  Use  Tax  Act.  However, if a primary serviceman who has
18    made the election described in  this  paragraph  subcontracts
19    service  work to a secondary serviceman who has also made the
20    election described in this paragraph, the primary  serviceman
21    does   not  incur  a  Use  Tax  liability  if  the  secondary
22    serviceman (i) has paid or will pay Use Tax  on  his  or  her
23    cost  price  of any tangible personal property transferred to
24    the primary  serviceman  and  (ii)  certifies  that  fact  in
25    writing to the primary serviceman.
26        Tangible  personal  property  transferred incident to the
27    completion of a maintenance agreement is exempt from the  tax
28    imposed pursuant to this Act.
29        Exemption  (e) also includes machinery and equipment used
30    in the general maintenance or repair of such exempt machinery
31    and equipment or for in-house manufacture of exempt machinery
32    and equipment.  For the purposes of exemption  (e),  each  of
33    these   terms   shall   have  the  following  meanings:   (1)
34    "manufacturing process" shall  mean  the  production  of  any
 
                            -28-     LRB093 13507 AMC 20160 a
 1    article  of  tangible personal property, whether such article
 2    is a finished product or an article for use in the process of
 3    manufacturing or assembling a different article  of  tangible
 4    personal   property,   by  procedures  commonly  regarded  as
 5    manufacturing, processing,  fabricating,  or  refining  which
 6    changes  some  existing material or materials into a material
 7    with a different  form,  use  or  name.   In  relation  to  a
 8    recognized  integrated  business  composed  of  a  series  of
 9    operations  which  collectively  constitute manufacturing, or
10    individually   constitute   manufacturing   operations,   the
11    manufacturing process shall be deemed to  commence  with  the
12    first  operation  or  stage  of production in the series, and
13    shall not be deemed to end until the completion of the  final
14    product  in  the last operation or stage of production in the
15    series;  and  further  for   purposes   of   exemption   (e),
16    photoprocessing  is  deemed  to be a manufacturing process of
17    tangible personal property for wholesale or retail sale;  (2)
18    "assembling process" shall mean the production of any article
19    of  tangible  personal  property,  whether  such article is a
20    finished product or an article for  use  in  the  process  of
21    manufacturing  or  assembling a different article of tangible
22    personal property, by the combination of  existing  materials
23    in  a manner commonly regarded as assembling which results in
24    a material of a different form, use or name; (3)  "machinery"
25    shall  mean  major mechanical machines or major components of
26    such machines contributing to a manufacturing  or  assembling
27    process;  and  (4)  "equipment" shall include any independent
28    device or tool separate from any machinery but  essential  to
29    an  integrated  manufacturing  or assembly process; including
30    computers  used  primarily  in  a   manufacturer's   computer
31    assisted  design,  computer  assisted manufacturing (CAD/CAM)
32    system; or any subunit or assembly comprising a component  of
33    any  machinery  or  auxiliary, adjunct or attachment parts of
34    machinery, such as tools, dies, jigs, fixtures, patterns  and
 
                            -29-     LRB093 13507 AMC 20160 a
 1    molds; or any parts which require periodic replacement in the
 2    course of normal operation; but shall not include hand tools.
 3    Equipment includes chemicals or chemicals acting as catalysts
 4    but  only  if  the chemicals or chemicals acting as catalysts
 5    effect a direct and immediate change  upon  a  product  being
 6    manufactured  or  assembled  for  wholesale or retail sale or
 7    lease.  The purchaser of such machinery and equipment who has
 8    an active  resale  registration  number  shall  furnish  such
 9    number  to the seller at the time of purchase.  The purchaser
10    of such machinery and equipment and tools without  an  active
11    resale  registration  number  shall  furnish  to the seller a
12    certificate of exemption for each transaction  stating  facts
13    establishing   the  exemption  for  that  transaction,  which
14    certificate  shall  be  available  to  the   Department   for
15    inspection or audit.
16        Except as provided in Section 2d of this Act, the rolling
17    stock   exemption   applies  to  rolling  stock  used  by  an
18    interstate carrier for hire,  even  just  between  points  in
19    Illinois, if such rolling stock transports, for hire, persons
20    whose  journeys  or  property  whose  shipments  originate or
21    terminate outside Illinois.
22        Any informal rulings, opinions or letters issued  by  the
23    Department  in  response  to  an  inquiry  or request for any
24    opinion  from  any  person   regarding   the   coverage   and
25    applicability  of  exemption (e) to specific devices shall be
26    published, maintained as a public record, and made  available
27    for  public  inspection and copying.  If the informal ruling,
28    opinion  or  letter   contains   trade   secrets   or   other
29    confidential information, where possible the Department shall
30    delete  such information prior to publication.  Whenever such
31    informal rulings, opinions, or letters contain any policy  of
32    general  applicability,  the  Department  shall formulate and
33    adopt such policy as a rule in accordance with the provisions
34    of the Illinois Administrative Procedure Act.
 
                            -30-     LRB093 13507 AMC 20160 a
 1        On and after July 1, 1987, no entity  otherwise  eligible
 2    under  exemption  (c)  of  this  Section  shall make tax free
 3    purchases unless it has an  active  exemption  identification
 4    number issued by the Department.
 5        "Serviceman"  means  any  person  who  is  engaged in the
 6    occupation of making sales of service.
 7        "Sale at Retail" means "sale at retail" as defined in the
 8    Retailers' Occupation Tax Act.
 9        "Supplier" means any person who makes sales  of  tangible
10    personal  property to servicemen for the purpose of resale as
11    an incident to a sale of service.
12    (Source: P.A. 92-484,  eff.  8-23-01;  93-23,  eff.  6-20-03;
13    93-24, eff. 6-20-03; revised 8-21-03.)

14        Section 25.  The Retailers' Occupation Tax Act is amended
15    by changing Section 2-5 as follows:

16        (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
17        Sec. 2-5.  Exemptions.  Gross receipts from proceeds from
18    the  sale  of  the  following  tangible personal property are
19    exempt from the tax imposed by this Act:
20        (1)  Farm chemicals.
21        (2)  Farm machinery and equipment,  both  new  and  used,
22    including  that  manufactured  on special order, certified by
23    the purchaser to be used primarily for production agriculture
24    or  State  or  federal   agricultural   programs,   including
25    individual replacement parts for the machinery and equipment,
26    including  machinery  and  equipment purchased for lease, and
27    including implements of husbandry defined in Section 1-130 of
28    the Illinois Vehicle Code, farm  machinery  and  agricultural
29    chemical  and fertilizer spreaders, and nurse wagons required
30    to be registered under Section 3-809 of the Illinois  Vehicle
31    Code,  but  excluding  other  motor  vehicles  required to be
32    registered under the  Illinois  Vehicle  Code.  Horticultural
 
                            -31-     LRB093 13507 AMC 20160 a
 1    polyhouses  or  hoop houses used for propagating, growing, or
 2    overwintering plants shall be considered farm  machinery  and
 3    equipment  under  this item (2). Agricultural chemical tender
 4    tanks and dry boxes shall include units sold separately  from
 5    a  motor  vehicle  required  to  be  licensed  and units sold
 6    mounted on a motor vehicle required to be  licensed,  if  the
 7    selling price of the tender is separately stated.
 8        Farm  machinery  and  equipment  shall  include precision
 9    farming equipment  that  is  installed  or  purchased  to  be
10    installed  on farm machinery and equipment including, but not
11    limited  to,  tractors,   harvesters,   sprayers,   planters,
12    seeders,  or spreaders. Precision farming equipment includes,
13    but is not  limited  to,  soil  testing  sensors,  computers,
14    monitors,  software,  global positioning and mapping systems,
15    and other such equipment.
16        Farm machinery and  equipment  also  includes  computers,
17    sensors,  software,  and  related equipment used primarily in
18    the computer-assisted  operation  of  production  agriculture
19    facilities,  equipment,  and  activities  such  as,  but  not
20    limited  to,  the  collection, monitoring, and correlation of
21    animal and crop data for the purpose  of  formulating  animal
22    diets  and  agricultural  chemicals.  This item (7) is exempt
23    from the provisions of Section 2-70.
24        (3)  Until  July  1,  2003,  distillation  machinery  and
25    equipment, sold as a unit or kit, assembled or  installed  by
26    the  retailer,  certified by the user to be used only for the
27    production of ethyl alcohol that will be used for consumption
28    as motor fuel or  as  a  component  of  motor  fuel  for  the
29    personal use of the user, and not subject to sale or resale.
30        (4)  Until  July  1,  2003,  graphic  arts  machinery and
31    equipment, including repair and replacement parts,  both  new
32    and used, and including that manufactured on special order or
33    purchased  for  lease,  certified by the purchaser to be used
34    primarily for graphic  arts  production.  Equipment  includes
 
                            -32-     LRB093 13507 AMC 20160 a
 1    chemicals  or  chemicals  acting as catalysts but only if the
 2    chemicals or chemicals acting as catalysts  effect  a  direct
 3    and immediate change upon a graphic arts product.
 4        (5)  A  motor  vehicle  of  the  first  division, a motor
 5    vehicle of the second division that is a self-contained motor
 6    vehicle designed or permanently converted to  provide  living
 7    quarters  for  recreational,  camping,  or  travel  use, with
 8    direct walk through access to the living  quarters  from  the
 9    driver's seat, or a motor vehicle of the second division that
10    is  of  the van configuration designed for the transportation
11    of not less than 7 nor more than 16 passengers, as defined in
12    Section 1-146 of the Illinois Vehicle Code, that is used  for
13    automobile  renting,  as  defined  in  the Automobile Renting
14    Occupation and Use Tax Act.
15        (6)  Personal  property  sold  by   a   teacher-sponsored
16    student   organization   affiliated  with  an  elementary  or
17    secondary school located in Illinois.
18        (7)  Until July 1, 2003, proceeds of that portion of  the
19    selling price of a passenger car the sale of which is subject
20    to the Replacement Vehicle Tax.
21        (8)  Personal  property  sold  to an Illinois county fair
22    association for use in conducting,  operating,  or  promoting
23    the county fair.
24        (9)  Personal  property  sold to a not-for-profit arts or
25    cultural organization that establishes, by proof required  by
26    the  Department  by  rule,  that it has received an exemption
27    under Section 501(c)(3) of the Internal Revenue Code and that
28    is organized and operated primarily for the  presentation  or
29    support  of  arts  or  cultural  programming,  activities, or
30    services.  These organizations include, but are  not  limited
31    to,  music  and  dramatic arts organizations such as symphony
32    orchestras and theatrical groups, arts and  cultural  service
33    organizations,    local    arts    councils,    visual   arts
34    organizations, and media arts organizations. On and after the
 
                            -33-     LRB093 13507 AMC 20160 a
 1    effective date of this amendatory Act  of  the  92nd  General
 2    Assembly,  however,  an  entity  otherwise  eligible for this
 3    exemption shall not make tax-free purchases unless it has  an
 4    active identification number issued by the Department.
 5        (10)  Personal  property  sold by a corporation, society,
 6    association, foundation, institution, or organization,  other
 7    than  a  limited  liability  company,  that  is organized and
 8    operated as  a  not-for-profit  service  enterprise  for  the
 9    benefit  of  persons 65 years of age or older if the personal
10    property was not purchased by the enterprise for the  purpose
11    of resale by the enterprise.
12        (11)  Personal property sold to a governmental body, to a
13    corporation, society, association, foundation, or institution
14    organized and operated exclusively for charitable, religious,
15    or  educational purposes, or to a not-for-profit corporation,
16    society,    association,    foundation,    institution,    or
17    organization that has no compensated  officers  or  employees
18    and   that  is  organized  and  operated  primarily  for  the
19    recreation of persons 55 years of age  or  older.  A  limited
20    liability  company  may  qualify for the exemption under this
21    paragraph only if the limited liability company is  organized
22    and  operated  exclusively  for  educational purposes. On and
23    after July 1, 1987, however, no entity otherwise eligible for
24    this exemption shall make tax-free purchases unless it has an
25    active identification number issued by the Department.
26        (12)  Tangible  personal  property  sold  to   interstate
27    carriers  for  hire  for  use  as  rolling  stock  moving  in
28    interstate commerce or to lessors under leases of one year or
29    longer  executed  or  in  effect  at  the time of purchase by
30    interstate carriers for hire for use as rolling stock  moving
31    in   interstate   commerce   and   equipment  operated  by  a
32    telecommunications provider, licensed as a common carrier  by
33    the  Federal  Communications Commission, which is permanently
34    installed in or affixed  to  aircraft  moving  in  interstate
 
                            -34-     LRB093 13507 AMC 20160 a
 1    commerce.
 2        (12-5)  On  and after July 1, 2003, motor vehicles of the
 3    second division with a gross  vehicle  weight  in  excess  of
 4    8,000  pounds that are subject to the commercial distribution
 5    fee imposed under Section 3-815.1  of  the  Illinois  Vehicle
 6    Code.  This exemption applies to repair and replacement parts
 7    added after the initial purchase of such a motor  vehicle  if
 8    that motor vehicle is used in a manner that would qualify for
 9    the  rolling  stock  exemption otherwise provided for in this
10    Act.
11        (13)  Proceeds from sales to owners, lessors, or shippers
12    of tangible personal property that is utilized by  interstate
13    carriers  for  hire  for  use  as  rolling  stock  moving  in
14    interstate    commerce    and   equipment   operated   by   a
15    telecommunications provider, licensed as a common carrier  by
16    the  Federal  Communications Commission, which is permanently
17    installed in or affixed  to  aircraft  moving  in  interstate
18    commerce.
19        (14)  Machinery  and  equipment  that will be used by the
20    purchaser, or a lessee of the  purchaser,  primarily  in  the
21    process  of  manufacturing  or  assembling  tangible personal
22    property for wholesale or retail sale or lease,  whether  the
23    sale or lease is made directly by the manufacturer or by some
24    other  person,  whether the materials used in the process are
25    owned by the manufacturer or some other  person,  or  whether
26    the sale or lease is made apart from or as an incident to the
27    seller's  engaging  in  the  service  occupation of producing
28    machines, tools,  dies,  jigs,  patterns,  gauges,  or  other
29    similar  items  of no commercial value on special order for a
30    particular purchaser.
31        (15)  Proceeds of mandatory  service  charges  separately
32    stated  on  customers'  bills for purchase and consumption of
33    food and beverages, to the extent that the  proceeds  of  the
34    service  charge  are  in  fact  turned  over  as tips or as a
 
                            -35-     LRB093 13507 AMC 20160 a
 1    substitute for tips to the employees who participate directly
 2    in preparing, serving, hosting or cleaning  up  the  food  or
 3    beverage function with respect to which the service charge is
 4    imposed.
 5        (16)  Petroleum  products  sold  to  a  purchaser  if the
 6    seller is prohibited by federal law from charging tax to  the
 7    purchaser.
 8        (17)  Tangible personal property sold to a common carrier
 9    by rail or motor that receives the physical possession of the
10    property  in  Illinois  and  that transports the property, or
11    shares with another common carrier in the  transportation  of
12    the  property,  out of Illinois on a standard uniform bill of
13    lading showing the seller of the property as the  shipper  or
14    consignor  of the property to a destination outside Illinois,
15    for use outside Illinois.
16        (18)  Legal tender,  currency,  medallions,  or  gold  or
17    silver   coinage   issued  by  the  State  of  Illinois,  the
18    government of the United States of America, or the government
19    of any foreign country, and bullion.
20        (19)  Until July 1 2003, oil field exploration, drilling,
21    and production equipment, including (i)  rigs  and  parts  of
22    rigs,  rotary  rigs, cable tool rigs, and workover rigs, (ii)
23    pipe and tubular goods, including casing and  drill  strings,
24    (iii)  pumps and pump-jack units, (iv) storage tanks and flow
25    lines, (v) any individual  replacement  part  for  oil  field
26    exploration,  drilling,  and  production  equipment, and (vi)
27    machinery and equipment purchased for  lease;  but  excluding
28    motor  vehicles  required to be registered under the Illinois
29    Vehicle Code.
30        (20)  Photoprocessing machinery and equipment,  including
31    repair  and  replacement  parts, both new and used, including
32    that  manufactured  on  special  order,  certified   by   the
33    purchaser  to  be  used  primarily  for  photoprocessing, and
34    including photoprocessing machinery and  equipment  purchased
 
                            -36-     LRB093 13507 AMC 20160 a
 1    for lease.
 2        (21)  Until  July  1,  2003,  coal  exploration,  mining,
 3    offhighway  hauling, processing, maintenance, and reclamation
 4    equipment, including replacement  parts  and  equipment,  and
 5    including  equipment purchased for lease, but excluding motor
 6    vehicles required to be registered under the Illinois Vehicle
 7    Code.
 8        (22)  Fuel and petroleum products sold to or used  by  an
 9    air  carrier,  certified  by  the  carrier  to  be  used  for
10    consumption,  shipment,  or  storage  in  the  conduct of its
11    business as an air common carrier, for a flight destined  for
12    or  returning from a location or locations outside the United
13    States without regard  to  previous  or  subsequent  domestic
14    stopovers.
15        (23)  A  transaction  in  which  the  purchase  order  is
16    received  by  a  florist who is located outside Illinois, but
17    who has a florist located in Illinois deliver the property to
18    the purchaser or the purchaser's donee in Illinois.
19        (24)  Fuel consumed or used in the  operation  of  ships,
20    barges,  or  vessels  that  are  used primarily in or for the
21    transportation of property or the conveyance of  persons  for
22    hire  on  rivers  bordering  on  this  State  if  the fuel is
23    delivered by the seller to the purchaser's  barge,  ship,  or
24    vessel while it is afloat upon that bordering river.
25        (25)  A motor vehicle sold in this State to a nonresident
26    even though the motor vehicle is delivered to the nonresident
27    in  this  State,  if the motor vehicle is not to be titled in
28    this State, and if a drive-away permit is issued to the motor
29    vehicle as provided in Section 3-603 of the Illinois  Vehicle
30    Code or if the nonresident purchaser has vehicle registration
31    plates to transfer to the motor vehicle upon returning to his
32    or  her home state.  The issuance of the drive-away permit or
33    having the out-of-state registration plates to be transferred
34    is prima facie evidence that the motor vehicle  will  not  be
 
                            -37-     LRB093 13507 AMC 20160 a
 1    titled in this State.
 2        (26)  Semen used for artificial insemination of livestock
 3    for direct agricultural production.
 4        (27)  Horses, or interests in horses, registered with and
 5    meeting  the  requirements  of  any of the Arabian Horse Club
 6    Registry of America, Appaloosa Horse Club,  American  Quarter
 7    Horse  Association,  United  States  Trotting Association, or
 8    Jockey Club, as appropriate, used for purposes of breeding or
 9    racing for prizes.
10        (28)  Computers and communications equipment utilized for
11    any hospital purpose and equipment  used  in  the  diagnosis,
12    analysis,  or treatment of hospital patients sold to a lessor
13    who leases the equipment, under a lease of one year or longer
14    executed or in effect at the  time  of  the  purchase,  to  a
15    hospital  that  has  been  issued  an  active  tax  exemption
16    identification  number  by the Department under Section 1g of
17    this Act.
18        (29)  Personal property sold to a lessor who  leases  the
19    property,  under a lease of one year or longer executed or in
20    effect at the time of the purchase, to  a  governmental  body
21    that  has  been issued an active tax exemption identification
22    number by the Department under Section 1g of this Act.
23        (30)  Beginning with taxable years  ending  on  or  after
24    December  31, 1995 and ending with taxable years ending on or
25    before December 31, 2004, personal property that  is  donated
26    for  disaster  relief  to  be  used  in  a State or federally
27    declared disaster area in Illinois or bordering Illinois by a
28    manufacturer or retailer that is registered in this State  to
29    a   corporation,   society,   association,   foundation,   or
30    institution  that  has  been  issued  a  sales  tax exemption
31    identification number by the Department that assists  victims
32    of the disaster who reside within the declared disaster area.
33        (31)  Beginning  with  taxable  years  ending on or after
34    December 31, 1995 and ending with taxable years ending on  or
 
                            -38-     LRB093 13507 AMC 20160 a
 1    before  December  31, 2004, personal property that is used in
 2    the performance of  infrastructure  repairs  in  this  State,
 3    including  but  not  limited  to municipal roads and streets,
 4    access roads, bridges,  sidewalks,  waste  disposal  systems,
 5    water  and  sewer  line  extensions,  water  distribution and
 6    purification facilities, storm water drainage  and  retention
 7    facilities, and sewage treatment facilities, resulting from a
 8    State or federally declared disaster in Illinois or bordering
 9    Illinois  when  such  repairs  are  initiated  on  facilities
10    located  in  the declared disaster area within 6 months after
11    the disaster.
12        (32)  Beginning July 1, 1999, game or game birds sold  at
13    a  "game  breeding  and  hunting preserve area" or an "exotic
14    game hunting area" as those terms are used  in  the  Wildlife
15    Code or at a hunting enclosure approved through rules adopted
16    by  the  Department  of Natural Resources.  This paragraph is
17    exempt from the provisions of Section 2-70.
18        (33)  A motor vehicle, as that term is defined in Section
19    1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
20    corporation, limited liability company, society, association,
21    foundation,   or   institution  that  is  determined  by  the
22    Department to  be  organized  and  operated  exclusively  for
23    educational  purposes.   For  purposes  of this exemption, "a
24    corporation, limited liability company, society, association,
25    foundation, or institution organized and operated exclusively
26    for educational  purposes"  means  all  tax-supported  public
27    schools, private schools that offer systematic instruction in
28    useful  branches  of  learning  by  methods  common to public
29    schools  and  that  compare  favorably  in  their  scope  and
30    intensity with the course of study presented in tax-supported
31    schools, and vocational or technical  schools  or  institutes
32    organized  and  operated  exclusively  to provide a course of
33    study of not less than  6  weeks  duration  and  designed  to
34    prepare  individuals to follow a trade or to pursue a manual,
 
                            -39-     LRB093 13507 AMC 20160 a
 1    technical, mechanical, industrial,  business,  or  commercial
 2    occupation.
 3        (34)  Beginning   January  1,  2000,  personal  property,
 4    including food, purchased through fundraising events for  the
 5    benefit  of  a  public  or  private  elementary  or secondary
 6    school, a group of those  schools,  or  one  or  more  school
 7    districts if the events are sponsored by an entity recognized
 8    by  the school district that consists primarily of volunteers
 9    and includes parents and teachers  of  the  school  children.
10    This  paragraph  does not apply to fundraising events (i) for
11    the benefit of private home instruction or (ii) for which the
12    fundraising entity purchases the personal  property  sold  at
13    the  events  from  another individual or entity that sold the
14    property for the purpose of resale by the fundraising  entity
15    and  that  profits  from  the sale to the fundraising entity.
16    This paragraph is exempt from the provisions of Section 2-70.
17        (35)  Beginning January 1, 2000 and through December  31,
18    2001, new or used automatic vending machines that prepare and
19    serve  hot  food  and  beverages, including coffee, soup, and
20    other  items,  and  replacement  parts  for  these  machines.
21    Beginning January 1, 2002 and through June 30, 2003, machines
22    and parts for  machines  used  in  commercial,  coin-operated
23    amusement  and vending business if a use or occupation tax is
24    paid on the gross  receipts  derived  from  the  use  of  the
25    commercial,  coin-operated  amusement  and  vending machines.
26    This paragraph is exempt from the provisions of Section 2-70.
27        (35-5)  Food for human consumption that is to be consumed
28    off the premises where  it  is  sold  (other  than  alcoholic
29    beverages,  soft  drinks, and food that has been prepared for
30    immediate consumption) and prescription  and  nonprescription
31    medicines,  drugs,  medical  appliances,  and  insulin, urine
32    testing materials, syringes, and needles used  by  diabetics,
33    for  human  use, when purchased for use by a person receiving
34    medical assistance under Article 5 of the Illinois Public Aid
 
                            -40-     LRB093 13507 AMC 20160 a
 1    Code who resides in a licensed long-term  care  facility,  as
 2    defined in the Nursing Home Care Act.
 3        (36)  Beginning    August    2,   2001,   computers   and
 4    communications equipment utilized for  any  hospital  purpose
 5    and  equipment  used in the diagnosis, analysis, or treatment
 6    of  hospital  patients  sold  to  a  lessor  who  leases  the
 7    equipment, under a lease of one year or longer executed or in
 8    effect at the time of the purchase, to a  hospital  that  has
 9    been  issued an active tax exemption identification number by
10    the Department under Section 1g of this Act.  This  paragraph
11    is exempt from the provisions of Section 2-70.
12        (37)  Beginning August 2, 2001, personal property sold to
13    a  lessor  who leases the property, under a lease of one year
14    or longer executed or in effect at the time of the  purchase,
15    to  a  governmental  body  that has been issued an active tax
16    exemption  identification  number  by  the  Department  under
17    Section 1g of this Act.  This paragraph is  exempt  from  the
18    provisions of Section 2-70.
19        (38)  Beginning  on  January  1,  2002, tangible personal
20    property purchased from an Illinois retailer  by  a  taxpayer
21    engaged  in centralized purchasing activities in Illinois who
22    will, upon receipt of the property in  Illinois,  temporarily
23    store  the  property  in  Illinois  (i)  for  the  purpose of
24    subsequently transporting it outside this State  for  use  or
25    consumption  thereafter solely outside this State or (ii) for
26    the purpose of being processed, fabricated,  or  manufactured
27    into,  attached  to,  or  incorporated  into  other  tangible
28    personal  property  to  be transported outside this State and
29    thereafter used or consumed solely outside this  State.   The
30    Director  of  Revenue  shall,  pursuant  to  rules adopted in
31    accordance with the Illinois  Administrative  Procedure  Act,
32    issue  a  permit  to  any  taxpayer in good standing with the
33    Department who is  eligible  for  the  exemption  under  this
34    paragraph  (38).  The permit issued under this paragraph (38)
 
                            -41-     LRB093 13507 AMC 20160 a
 1    shall authorize the holder, to the extent and in  the  manner
 2    specified  in  the  rules adopted under this Act, to purchase
 3    tangible personal property from a retailer  exempt  from  the
 4    taxes  imposed  by  this  Act.   Taxpayers shall maintain all
 5    necessary books and  records  to  substantiate  the  use  and
 6    consumption of all such tangible personal property outside of
 7    the State of Illinois.
 8    (Source: P.A.   92-16,  eff.  6-28-01;  92-35,  eff.  7-1-01;
 9    92-227, eff.  8-2-01;  92-337,  eff.  8-10-01;  92-484,  eff.
10    8-23-01;  92-488, eff. 8-23-01; 92-651, eff. 7-11-02; 92-680,
11    eff. 7-16-02;  93-23,  eff.  6-20-03;  93-24,  eff.  6-20-03;
12    revised 9-11-03.)"; and

13    on page 1, line 4, by replacing "5" with "30"; and

14    on  page  2,  lines 8 and 9, by replacing "upon becoming law"
15    with "on July 1, 2004".