Full Text of SB2236 94th General Assembly
SB2236 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2236
Introduced 1/11/2006, by Sen. Deanna Demuzio - John M. Sullivan - John O. Jones - Debbie DeFrancesco Halvorson - Gary G. Dahl, et al. SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Renewable Fuels Development Program Act. Provides that a recipient of Program grants must be constructing, modifying, altering, or retrofitting an (i) ethanol plant (now, just plant) that has
annual production capacity of no less than 30,000,000 gallons of renewable fuel
per year or a (ii) biodiesel plant. Requires the Department of Commerce and Economic Opportunity to establish and administer grant programs including: the Illinois Renewable Fuels Majority Blended Ethanol Program, the Illinois Corn Grain to Fuel Research Consortium Assistance Program, the Illinois Renewable Fuels Corn-to-Hydrogen Fuel Cell Research Program, the Illinois Renewable Fuels Biodiesel Infrastructure Grant Program, the Illinois Renewable Fuels Ethanol Development Intergovernmental Assistance Program. Sets forth the purposes and conditions for these grant programs. Provides that subject to appropriation (now, subject to appropriation from the Build Illinois Bond Fund), the
Director is authorized to award Renewable Fuels Development Program Fund grants. Sets forth that the annual
aggregate
amount for these grants shall not exceed $25,000,000 in Fiscal year 2007 and 2008 and $15,000,000 thereafter (now, may not exceed $15,000,000). Specifies how these grant funds shall be allocated. Sets forth certain limitations on spending on the various Program grants including for research conducted at the National Corn-to-Ethanol Research Facility at SIU-Edwardsville not to exceed $1,000,000 annually, and a one-time grant in FY 2007 not to exceed $3,000,000 for construction, remodeling, and expansion of the National Corn-to-Ethanol Research Facility at SIU-Edwardsville. Provides that normal operating and execution of renewable fuels programs in existence on January 1, 2006 within the Department from the Renewable Fuels Development Program Fund shall not exceed $5,000,000 annually. Amends the State Finance Act to create the Renewable Fuels Development Program Fund as a special fund in the State treasury to fund these grant programs. Sets forth certain conditions for the operation of this Fund. Provides for certain annual payments from the General Revenue Fund to the Renewable Fuels Development Program Fund. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, to provide that on or after July 1, 2006 and on or before June 30, 2016, those tax rates apply to 90% of the proceeds of sales made on gasohol (now, apply to 80% of the proceeds of sales made on gasohol). Amends the Motor Fuel and Petroleum Standards Act to provide that beginning January 1, 2008 a minimum of 10% of all motor fuel sold or offered for sale in Illinois must be denatured ethanol and that beginning January 1, 2012 a minimum of 15% of all motor fuel sold or offered for sale in Illinois must be denatured ethanol. Effective July 1, 2006.
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A BILL FOR
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SB2236 |
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| AN ACT concerning renewable fuels.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Renewable Fuels Development | 5 |
| Program Act is amended by changing Sections 10, 15, and 20 and | 6 |
| by adding Sections 15-a, 15-b, 15-c, 15-d, 15-e, and 20-a as | 7 |
| follows: | 8 |
| (20 ILCS 689/10)
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| Sec. 10. Definitions. As used in this Act:
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| "Biodiesel" means a renewable diesel fuel derived
from
| 11 |
| biomass that is intended for use in diesel engines.
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| "Biodiesel blend" means a blend of biodiesel
with
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| petroleum-based diesel fuel in which the resultant product | 14 |
| contains no less
than 1% and
no more than 99% biodiesel.
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| "Biomass" means non-fossil organic materials that have
an
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| intrinsic chemical energy content. "Biomass" includes, but is | 17 |
| not limited to,
soybean oil,
other vegetable oils, and ethanol.
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| "Department" means the Department of Commerce and Economic | 19 |
| Opportunity
Community Affairs .
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| "Diesel fuel" means any product intended for use
or
offered | 21 |
| for sale as a fuel for engines in which the fuel is injected | 22 |
| into the
combustion
chamber and ignited by pressure without | 23 |
| electric spark.
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| "Director" means the Director of Commerce and Economic | 25 |
| Opportunity
Community Affairs .
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| "Ethanol" means a product produced from agricultural | 27 |
| commodities or
by-products used as a fuel or to be blended with | 28 |
| other fuels for use in motor
vehicles.
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| "Fuel" means fuel as defined in Section 1.19 of the Motor | 30 |
| Fuel Tax Law.
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| "Gasohol" means motor fuel that is no more than 90% | 32 |
| gasoline and
at least 10%
denatured ethanol that contains no |
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| more than 1.25% water by weight.
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| "Gasoline" means all products commonly or
commercially | 3 |
| known or sold as gasoline (including casing head and absorption | 4 |
| or
natural gasoline).
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| "Illinois agricultural product" means any agricultural | 6 |
| commodity grown in
Illinois
that is used by a production | 7 |
| facility to produce renewable fuel in Illinois,
including, but
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| not limited to, corn, barley, and soy beans.
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| "Labor Organization"
means any organization defined as a | 10 |
| "labor organization" under Section 2 of
the National Labor | 11 |
| Relations Act (29 U.S.C. 152).
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| "Majority blended ethanol fuel"
means motor fuel that
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| contains no less than 70% and no more than 90% denatured | 14 |
| ethanol and no less
than 10% and no more than 30% gasoline.
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| "Motor vehicles" means motor vehicles as defined in the | 16 |
| Illinois Vehicle Code
and watercraft propelled by an internal | 17 |
| combustion engine.
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| "Owner" means any individual, sole proprietorship, limited | 19 |
| partnership,
co-partnership, joint venture, corporation, | 20 |
| cooperative, or other legal
entity, including its agents, that | 21 |
| operates or
will operate a
plant located within the State of | 22 |
| Illinois.
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| "Plant" means a production facility that produces a | 24 |
| renewable fuel. "Plant"
includes land, any building or other | 25 |
| improvement on or to land, and any
personal
properties deemed | 26 |
| necessary or suitable for use, whether or not now in
existence, | 27 |
| in the
processing of fuel from agricultural commodities or | 28 |
| by-products.
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| "Renewable fuel" means ethanol, gasohol, majority blended | 30 |
| ethanol fuel,
biodiesel
blend fuel,
and biodiesel.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03; | 32 |
| revised 12-6-03.)
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| (20 ILCS 689/15)
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| Sec. 15. Illinois Renewable Fuels Development Program.
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| (a) The Department must develop and administer the Illinois |
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| Renewable Fuels
Development Program to assist in the | 2 |
| construction, modification, alteration, or
retrofitting of | 3 |
| renewable fuel plants in Illinois.
The recipient of a grant | 4 |
| under
this Section
must:
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| (1) be constructing, modifying, altering, or | 6 |
| retrofitting a plant in the
State
of Illinois;
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| (2) be constructing, modifying, altering, or | 8 |
| retrofitting (i) an ethanol a plant that has
annual | 9 |
| production capacity of no less than 30,000,000 gallons of | 10 |
| renewable fuel
per year or (ii) a bio-diesel plant ; and
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| (3) enter into a project labor agreement as prescribed | 12 |
| by Section 25 of
this
Act.
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| (b) Grant applications must be made on forms provided by | 14 |
| and in accordance
with
procedures established by the | 15 |
| Department.
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| (c) The Department must give preference to applicants that | 17 |
| use Illinois
agricultural products in the production of | 18 |
| renewable fuel at the plant for
which the
grant is being | 19 |
| requested.
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| (Source: P.A. 93-15, eff. 6-11-03.)
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| (20 ILCS 689/15-a new) | 22 |
| Sec. 15-a. Illinois Renewable Fuels Majority Blended | 23 |
| Ethanol Program. The Department shall establish and administer | 24 |
| the Illinois Renewable Fuels Majority Blended Ethanol Program | 25 |
| to encourage the construction, installation, and marketing of | 26 |
| majority blended ethanol fuel. | 27 |
| (20 ILCS 689/15-b new) | 28 |
| Sec. 15-b. Illinois Corn Grain to Fuel Research Consortium | 29 |
| Assistance Program. The Department shall develop and | 30 |
| administer a grant program to assist members of the Illinois | 31 |
| Corn Grain to Fuel Research Consortium in research and support | 32 |
| efforts on behalf of corn kernel to fuel alcohol and value | 33 |
| added co-products. The Department shall solicit proposals for | 34 |
| funding if they provide for research in the Consortium member's |
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| own laboratories, for research collaborations among consortium | 2 |
| members, or for members outside the consortium conducting pilot | 3 |
| testing at the National Corn-to-Ethanol Research Center. | 4 |
| Preference will be given to projects in partnership with | 5 |
| industry or for project pilot scale demonstration that advance | 6 |
| Illinois leadership in the development of a bio-based economy. | 7 |
| (20 ILCS 689/15-c new) | 8 |
| Sec. 15-c. Illinois Renewable Fuels Corn-to-Hydrogen Fuel | 9 |
| Cell Research Program. The Department shall establish and | 10 |
| administer the Illinois Renewable Fuels Corn-to-Hydrogen Fuel | 11 |
| Cell Research Program to encourage the development and | 12 |
| implementation of methods to convert corn into hydrogen for | 13 |
| hydrogen fuel cells. | 14 |
| (20 ILCS 689/15-d new) | 15 |
| Sec. 15-d. Illinois Renewable Fuels Biodiesel | 16 |
| Infrastructure Grant Program. The Department shall establish | 17 |
| and administer the Illinois Renewable Fuels Biodiesel | 18 |
| Infrastructure Grant Program to provide assistance to fuel | 19 |
| distribution facilities in Illinois to construct, expand, and | 20 |
| maintain the necessary infrastructure to provide biodiesel to | 21 |
| the consumer market. | 22 |
| (20 ILCS 689/15-e new) | 23 |
| Sec. 15-e. Illinois Renewable Fuels Ethanol Development | 24 |
| Intergovernmental Assistance Program. The Department shall | 25 |
| establish and administer the Illinois Renewable Fuels Ethanol | 26 |
| Development Intergovernmental Assistance Program to provide | 27 |
| grant assistance to the Illinois Environmental Protection | 28 |
| Agency for each ethanol facility that applies for a permit | 29 |
| under Section 9.6 of the Environmental Protection Act. The | 30 |
| grant shall be limited to $100,000 for each ethanol facility | 31 |
| permit processed annually. | 32 |
| (20 ILCS 689/20)
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| Sec. 20. Grants. Subject to appropriation from the Build | 2 |
| Illinois Bond
Fund ,
the
Director is authorized to award | 3 |
| Renewable Fuels Development Program Fund grants to eligible | 4 |
| applicants. The annual
aggregate
amount of grants for: | 5 |
| (a) the Illinois Renewable Fuels Program awarded shall not | 6 |
| exceed $25,000,000 in each of Fiscal Years 2007 and 2008 and | 7 |
| $15,000,000 thereafter .
For the purposes of this subsection | 8 |
| (a): in Fiscal Year 2007 and 2008 70% of annual grant funds | 9 |
| shall be used for ethanol facilities and 30% shall be used for | 10 |
| for bio-diesel facilities, and in Fiscal Year 2009 and | 11 |
| thereafter, no more than $5,000,000 annually shall be used for | 12 |
| bio-diesel facilities. If in any one year the Department | 13 |
| determines that there are not sufficient proposed facilities | 14 |
| for ethanol or bio-diesel facilities to use the maximum grant | 15 |
| funds available as specified above for the category of | 16 |
| facility, the Department shall be able to use the appropriated | 17 |
| grant funds for the other category of facility.
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| (b) the Illinois Renewable Fuels Majority Blended Ethanol | 19 |
| Program shall not exceed $3,000,000 annually; | 20 |
| (c) the Illinois Corn Grain to Fuel Research Consortium | 21 |
| Assistance Program shall not exceed $3,000,000 annually; | 22 |
| (d) the Illinois Renewable Fuels Corn-to-Hydrogen Fuel | 23 |
| Cell Research Program shall not exceed $1,000,000 annually; | 24 |
| (e) the Illinois Renewable Fuels Biodiesel Infrastructure | 25 |
| Grant Program shall not exceed $500,000 annually; | 26 |
| (f) the Illinois Renewable Fuels Ethanol Development | 27 |
| Intergovernmental Assistance Program shall not exceed $500,000 | 28 |
| annually; | 29 |
| (g) research conducted at the National Corn to Ethanol | 30 |
| Research Facility at Southern Illinois University - | 31 |
| Edwardsville shall not exceed $1,000,000 annually; and | 32 |
| (h) a one-time grant in FY 2007 not to exceed $3,000,000 | 33 |
| for construction, remodeling, and expansion of the National | 34 |
| Corn-to-Ethanol Research Facility at Southern Illinois | 35 |
| University - Edwardsville.
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| (Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03.)
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| (20 ILCS 689/20-a new)
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| Sec. 20-a. Normal operating and execution of renewable | 3 |
| fuels programs in existence on January 1, 2006 within the | 4 |
| Department from the Renewable Fuels Development Program Fund | 5 |
| shall not exceed $5,000,000 annually. | 6 |
| Section 10. The State Finance Act is amended by changing | 7 |
| Sections 5.663 and 8h and by adding Section 6z-70 as follows: | 8 |
| (30 ILCS 105/5.663 new)
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| Sec. 5.663. The Renewable Fuels Development Program Fund. | 10 |
| (30 ILCS 105/6z-70 new) | 11 |
| Sec. 6z-70. Renewable Fuels Development Program Fund. The | 12 |
| Renewable Fuels Development Program Fund is created as a | 13 |
| special fund in the State treasury. Moneys in the fund may be | 14 |
| used by the Department of Commerce and Economic Opportunity, | 15 |
| subject to appropriation, for the Illinois Renewable Fuels | 16 |
| Program, the Illinois Renewable Fuels Majority Blended Ethanol | 17 |
| Program, the Illinois Corn Grain to Fuel Research Consortium | 18 |
| Assistance Program, the Illinois Renewable Fuels | 19 |
| Corn-to-Hydrogen Fuel Cell Research Program, the Illinois | 20 |
| Renewable Fuels Biodiesel Infrastructure Grant Program, the | 21 |
| Illinois Renewable Fuels Ethanol Development Intergovernmental | 22 |
| Assistance Program, the National Corn-to-Ethanol Research | 23 |
| Facility at Southern Illinois University - Edwardsville, and | 24 |
| other renewable fuel programs as contained in Section 20 of the | 25 |
| Illinois Renewable Fuels Development Program Act.
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| Moneys received for the purpose of this Section, including, | 27 |
| without limitation, fund transfers, gifts, grants, and awards | 28 |
| from any public or private entity, must be deposited into the | 29 |
| Fund. Any interest earned on moneys in the Fund must be | 30 |
| deposited into the Fund.
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| The State Comptroller and State Treasurer shall | 32 |
| automatically transfer on the last day of each month, beginning |
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| on July 30, 2006, from the General Revenue Fund to the | 2 |
| Renewable Fuels Development Program Fund, an amount equal to | 3 |
| 1/12 of the amount set forth below in each of the specified | 4 |
| fiscal years:
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5 | | Fiscal Year | Amount |
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6 | | 2007 | $42,000,000 |
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7 | | 2008 | $39,000,000 |
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8 | | 2009 through 2016 | $29,000,000 |
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| There shall be deposited into the Renewable Fuels | 10 |
| Development Program Fund such bond proceeds and other moneys as | 11 |
| may, from time to time, be provided by law.
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 14 |
| (a) Except as provided in subsection (b), notwithstanding | 15 |
| any other
State law to the contrary, the Governor
may, through | 16 |
| June 30, 2007, from time to time direct the State Treasurer and | 17 |
| Comptroller to transfer
a specified sum from any fund held by | 18 |
| the State Treasurer to the General
Revenue Fund in order to | 19 |
| help defray the State's operating costs for the
fiscal year. | 20 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 22 |
| revenues to be deposited
into the fund during that fiscal year | 23 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 24 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 25 |
| 2005 only, prior to calculating the July 1, 2004 final | 26 |
| balances, the Governor may calculate and direct the State | 27 |
| Treasurer with the Comptroller to transfer additional amounts | 28 |
| determined by applying the formula authorized in Public Act | 29 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 30 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 32 |
| amount less than
the amount remaining unexpended and unreserved | 33 |
| from the total appropriation
from that fund estimated to be | 34 |
| expended for that fiscal year. This Section does not apply to | 35 |
| any
funds that are restricted by federal law to a specific use, |
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| to any funds in
the Motor Fuel Tax Fund, the Intercity | 2 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 3 |
| Provider Relief Fund, the Teacher Health Insurance Security | 4 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 5 |
| or the Voters' Guide Fund, the Foreign Language Interpreter | 6 |
| Fund, the Lawyers' Assistance Program Fund, the Supreme Court | 7 |
| Federal Projects Fund, the Supreme Court Special State Projects | 8 |
| Fund, or the Low-Level Radioactive Waste Facility Development | 9 |
| and Operation Fund, or the Hospital Basic Services Preservation | 10 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 11 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 12 |
| transfers may be made under this Section from the Pet | 13 |
| Population Control Fund. Notwithstanding any
other provision | 14 |
| of this Section, for fiscal year 2004,
the total transfer under | 15 |
| this Section from the Road Fund or the State
Construction | 16 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 17 |
| revenues to be deposited
into the fund during that fiscal year | 18 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 19 |
| year 2005 through fiscal year 2007, no amounts may be | 20 |
| transferred under this Section from the Road Fund, the State | 21 |
| Construction Account Fund, the Criminal Justice Information | 22 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 23 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 25 |
| Governor
may include receipts, transfers into the fund, and | 26 |
| other
resources anticipated to be available in the fund in that | 27 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 29 |
| amounts designated
under this Section as soon as may be | 30 |
| practicable after receiving the direction
to transfer from the | 31 |
| Governor.
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| (b) This Section does not apply to: (i) the Ticket For The | 33 |
| Cure Fund ; (ii)
or to any fund established under the Community | 34 |
| Senior Services and Resources Act; or (iii)
(ii) on or after | 35 |
| January 1, 2006 ( the effective date of Public Act 94-511)
this | 36 |
| amendatory Act of the 94th General Assembly , the Child Labor |
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| and Day and Temporary Labor Enforcement Fund. | 2 |
| (c) This Section does not apply to the Demutualization | 3 |
| Trust Fund established under the Uniform Disposition of | 4 |
| Unclaimed Property Act.
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| (d) This Section does not apply to the Renewable Fuels | 6 |
| Development Program Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 8 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 9 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 10 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 11 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 12 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 13 |
| 94-691, eff. 11-2-05; revised 11-15-05.)
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| Section 15. The Use Tax Act is amended by changing Section | 15 |
| 3-10 as follows:
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| (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
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| Sec. 3-10. Rate of tax. Unless otherwise provided in this | 18 |
| Section, the tax
imposed by this Act is at the rate of 6.25% of | 19 |
| either the selling price or the
fair market value, if any, of | 20 |
| the tangible personal property. In all cases
where property | 21 |
| functionally used or consumed is the same as the property that
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| was purchased at retail, then the tax is imposed on the selling | 23 |
| price of the
property. In all cases where property functionally | 24 |
| used or consumed is a
by-product or waste product that has been | 25 |
| refined, manufactured, or produced
from property purchased at | 26 |
| retail, then the tax is imposed on the lower of the
fair market | 27 |
| value, if any, of the specific property so used in this State | 28 |
| or on
the selling price of the property purchased at retail. | 29 |
| For purposes of this
Section "fair market value" means the | 30 |
| price at which property would change
hands between a willing | 31 |
| buyer and a willing seller, neither being under any
compulsion | 32 |
| to buy or sell and both having reasonable knowledge of the
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| relevant facts. The fair market value shall be established by | 34 |
| Illinois sales by
the taxpayer of the same property as that |
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| functionally used or consumed, or if
there are no such sales by | 2 |
| the taxpayer, then comparable sales or purchases of
property of | 3 |
| like kind and character in Illinois.
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| Beginning on July 1, 2000 and through December 31, 2000, | 5 |
| with respect to
motor fuel, as defined in Section 1.1 of the | 6 |
| Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 7 |
| the Use Tax Act, the tax is
imposed at the rate of 1.25%.
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| With respect to gasohol, the tax imposed by this Act | 9 |
| applies to (i) 70%
of the proceeds of sales made on or after | 10 |
| January 1, 1990, and before
July 1, 2003, (ii) 80% of the | 11 |
| proceeds of sales made
on or after July 1, 2003 and on or | 12 |
| before June 30, 2006
December 31, 2013 , (iii) 90% of the | 13 |
| proceeds of sales made on or after July 1, 2006 and on or | 14 |
| before June 30, 2016 and (iv)
(iii) 100% of the proceeds of | 15 |
| sales made
thereafter.
If, at any time, however, the tax under | 16 |
| this Act on sales of gasohol is
imposed at the
rate of 1.25%, | 17 |
| then the tax imposed by this Act applies to 100% of the | 18 |
| proceeds
of sales of gasohol made during that time.
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| With respect to majority blended ethanol fuel, the tax | 20 |
| imposed by this Act
does
not apply
to the proceeds of sales | 21 |
| made on or after July 1, 2003 and on or before
December
31, | 22 |
| 2013 but applies to 100% of the proceeds of sales made | 23 |
| thereafter.
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| With respect to biodiesel blends with no less than 1% and | 25 |
| no more than 10%
biodiesel, the tax imposed by this Act applies | 26 |
| to (i) 80% of the
proceeds of sales made on or after July 1, | 27 |
| 2003 and on or before December 31,
2013 and (ii) 100% of the | 28 |
| proceeds of sales made
thereafter.
If, at any time, however, | 29 |
| the tax under this Act on sales of biodiesel blends
with no | 30 |
| less than 1% and no more than 10% biodiesel
is imposed at the | 31 |
| rate of
1.25%, then the
tax imposed by this Act applies to 100% | 32 |
| of the proceeds of sales of biodiesel
blends with no less than | 33 |
| 1% and no more than 10% biodiesel
made
during that time.
| 34 |
| With respect to 100% biodiesel and biodiesel blends with | 35 |
| more than 10%
but no more than 99% biodiesel, the tax imposed | 36 |
| by this Act does not apply to
the
proceeds of sales made on or |
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| after July 1, 2003 and on or before
December 31, 2013 but | 2 |
| applies to 100% of the proceeds of sales made
thereafter.
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| With respect to food for human consumption that is to be | 4 |
| consumed off the
premises where it is sold (other than | 5 |
| alcoholic beverages, soft drinks, and
food that has been | 6 |
| prepared for immediate consumption) and prescription and
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| nonprescription medicines, drugs, medical appliances, | 8 |
| modifications to a motor
vehicle for the purpose of rendering | 9 |
| it usable by a disabled person, and
insulin, urine testing | 10 |
| materials, syringes, and needles used by diabetics, for
human | 11 |
| use, the tax is imposed at the rate of 1%. For the purposes of | 12 |
| this
Section, the term "soft drinks" means any complete, | 13 |
| finished, ready-to-use,
non-alcoholic drink, whether | 14 |
| carbonated or not, including but not limited to
soda water, | 15 |
| cola, fruit juice, vegetable juice, carbonated water, and all | 16 |
| other
preparations commonly known as soft drinks of whatever | 17 |
| kind or description that
are contained in any closed or sealed | 18 |
| bottle, can, carton, or container,
regardless of size. "Soft | 19 |
| drinks" does not include coffee, tea, non-carbonated
water, | 20 |
| infant formula, milk or milk products as defined in the Grade A
| 21 |
| Pasteurized Milk and Milk Products Act, or drinks containing | 22 |
| 50% or more
natural fruit or vegetable juice.
| 23 |
| Notwithstanding any other provisions of this
Act, "food for | 24 |
| human consumption that is to be consumed off the premises where
| 25 |
| it is sold" includes all food sold through a vending machine, | 26 |
| except soft
drinks and food products that are dispensed hot | 27 |
| from a vending machine,
regardless of the location of the | 28 |
| vending machine.
| 29 |
| If the property that is purchased at retail from a retailer | 30 |
| is acquired
outside Illinois and used outside Illinois before | 31 |
| being brought to Illinois
for use here and is taxable under | 32 |
| this Act, the "selling price" on which
the tax is computed | 33 |
| shall be reduced by an amount that represents a
reasonable | 34 |
| allowance for depreciation for the period of prior out-of-state | 35 |
| use.
| 36 |
| (Source: P.A. 93-17, eff. 6-11-03.)
|
|
|
|
SB2236 |
- 12 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| Section 20. The Service Use Tax Act is amended by changing | 2 |
| Section 3-10 as follows:
| 3 |
| (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| 4 |
| Sec. 3-10. Rate of tax. Unless otherwise provided in this | 5 |
| Section,
the tax imposed by this Act is at the rate of 6.25% of | 6 |
| the selling
price of tangible personal property transferred as | 7 |
| an incident to the sale
of service, but, for the purpose of | 8 |
| computing this tax, in no event shall
the selling price be less | 9 |
| than the cost price of the property to the
serviceman.
| 10 |
| Beginning on July 1, 2000 and through December 31, 2000, | 11 |
| with respect to
motor fuel, as defined in Section 1.1 of the | 12 |
| Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 13 |
| the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| 14 |
| With respect to gasohol, as defined in the Use Tax Act, the | 15 |
| tax imposed
by this Act applies to (i) 70% of the selling price | 16 |
| of property transferred
as an incident to the sale of service | 17 |
| on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | 18 |
| of the selling price of
property transferred as an incident to | 19 |
| the sale of service on or after July
1, 2003 and on or before | 20 |
| June 30, 2006
December 31, 2013 , (iii) 90% of the proceeds of | 21 |
| sales made on or after July 1, 2006 and on or before June 30, | 22 |
| 2016 and (iv)
(iii)
100% of the selling price thereafter.
If, | 23 |
| at any time, however, the tax under this Act on sales of | 24 |
| gasohol, as
defined in
the Use Tax Act, is imposed at the rate | 25 |
| of 1.25%, then the
tax imposed by this Act applies to 100% of | 26 |
| the proceeds of sales of gasohol
made during that time.
| 27 |
| With respect to majority blended ethanol fuel, as defined | 28 |
| in the Use Tax Act,
the
tax
imposed by this Act does not apply | 29 |
| to the selling price of property transferred
as an incident to | 30 |
| the sale of service on or after July 1, 2003 and on or before
| 31 |
| December 31, 2013 but applies to 100% of the selling price | 32 |
| thereafter.
| 33 |
| With respect to biodiesel blends, as defined in the Use Tax | 34 |
| Act, with no less
than 1% and no
more than 10% biodiesel, the |
|
|
|
SB2236 |
- 13 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| tax imposed by this Act
applies to (i) 80% of the selling price | 2 |
| of property transferred as an incident
to the sale of service | 3 |
| on or after July 1, 2003 and on or before December 31,
2013 and | 4 |
| (ii) 100% of the proceeds of the selling price
thereafter.
If, | 5 |
| at any time, however, the tax under this Act on sales of | 6 |
| biodiesel blends,
as
defined in the Use Tax Act, with no less | 7 |
| than 1% and no more than 10% biodiesel
is imposed at the rate | 8 |
| of 1.25%, then the
tax imposed by this Act applies to 100% of | 9 |
| the proceeds of sales of biodiesel
blends with no less than 1% | 10 |
| and no more than 10% biodiesel
made
during that time.
| 11 |
| With respect to 100% biodiesel, as defined in the Use Tax | 12 |
| Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 13 |
| more than 10% but no more than 99% biodiesel, the tax imposed | 14 |
| by this Act
does not apply to the proceeds of the selling price | 15 |
| of property transferred
as an incident to the sale of service | 16 |
| on or after July 1, 2003 and on or before
December 31, 2013 but | 17 |
| applies to 100% of the selling price thereafter.
| 18 |
| At the election of any registered serviceman made for each | 19 |
| fiscal year,
sales of service in which the aggregate annual | 20 |
| cost price of tangible
personal property transferred as an | 21 |
| incident to the sales of service is
less than 35%, or 75% in | 22 |
| the case of servicemen transferring prescription
drugs or | 23 |
| servicemen engaged in graphic arts production, of the aggregate
| 24 |
| annual total gross receipts from all sales of service, the tax | 25 |
| imposed by
this Act shall be based on the serviceman's cost | 26 |
| price of the tangible
personal property transferred as an | 27 |
| incident to the sale of those services.
| 28 |
| The tax shall be imposed at the rate of 1% on food prepared | 29 |
| for
immediate consumption and transferred incident to a sale of | 30 |
| service subject
to this Act or the Service Occupation Tax Act | 31 |
| by an entity licensed under
the Hospital Licensing Act, the | 32 |
| Nursing Home Care Act, or the
Child Care
Act of 1969. The tax | 33 |
| shall
also be imposed at the rate of 1% on food for human | 34 |
| consumption that is to be
consumed off the premises where it is | 35 |
| sold (other than alcoholic beverages,
soft drinks, and food | 36 |
| that has been prepared for immediate consumption and is
not |
|
|
|
SB2236 |
- 14 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| otherwise included in this paragraph) and prescription and | 2 |
| nonprescription
medicines, drugs, medical appliances, | 3 |
| modifications to a motor vehicle for the
purpose of rendering | 4 |
| it usable by a disabled person, and insulin, urine testing
| 5 |
| materials,
syringes, and needles used by diabetics, for
human | 6 |
| use. For the purposes of this Section, the term "soft drinks" | 7 |
| means any
complete, finished, ready-to-use, non-alcoholic | 8 |
| drink, whether carbonated or
not, including but not limited to | 9 |
| soda water, cola, fruit juice, vegetable
juice, carbonated | 10 |
| water, and all other preparations commonly known as soft
drinks | 11 |
| of whatever kind or description that are contained in any | 12 |
| closed or
sealed bottle, can, carton, or container, regardless | 13 |
| of size. "Soft drinks"
does not include coffee, tea, | 14 |
| non-carbonated water, infant formula, milk or
milk products as | 15 |
| defined in the Grade A Pasteurized Milk and Milk Products Act,
| 16 |
| or drinks containing 50% or more natural fruit or vegetable | 17 |
| juice.
| 18 |
| Notwithstanding any other provisions of this Act, "food for | 19 |
| human
consumption that is to be consumed off the premises where | 20 |
| it is sold" includes
all food sold through a vending machine, | 21 |
| except soft drinks and food products
that are dispensed hot | 22 |
| from a vending machine, regardless of the location of
the | 23 |
| vending machine.
| 24 |
| If the property that is acquired from a serviceman is | 25 |
| acquired outside
Illinois and used outside Illinois before | 26 |
| being brought to Illinois for use
here and is taxable under | 27 |
| this Act, the "selling price" on which the tax
is computed | 28 |
| shall be reduced by an amount that represents a reasonable
| 29 |
| allowance for depreciation for the period of prior out-of-state | 30 |
| use.
| 31 |
| (Source: P.A. 93-17, eff. 6-11-03.)
| 32 |
| Section 25. The Service Occupation Tax Act is amended by | 33 |
| changing Section 3-10 as follows:
| 34 |
| (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
|
|
|
|
SB2236 |
- 15 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| Sec. 3-10. Rate of tax. Unless otherwise provided in this | 2 |
| Section,
the tax imposed by this Act is at the rate of 6.25% of | 3 |
| the "selling price",
as defined in Section 2 of the Service Use | 4 |
| Tax Act, of the tangible
personal property. For the purpose of | 5 |
| computing this tax, in no event
shall the "selling price" be | 6 |
| less than the cost price to the serviceman of
the tangible | 7 |
| personal property transferred. The selling price of each item
| 8 |
| of tangible personal property transferred as an incident of a | 9 |
| sale of
service may be shown as a distinct and separate item on | 10 |
| the serviceman's
billing to the service customer. If the | 11 |
| selling price is not so shown, the
selling price of the | 12 |
| tangible personal property is deemed to be 50% of the
| 13 |
| serviceman's entire billing to the service customer. When, | 14 |
| however, a
serviceman contracts to design, develop, and produce | 15 |
| special order machinery or
equipment, the tax imposed by this | 16 |
| Act shall be based on the serviceman's
cost price of the | 17 |
| tangible personal property transferred incident to the
| 18 |
| completion of the contract.
| 19 |
| Beginning on July 1, 2000 and through December 31, 2000, | 20 |
| with respect to
motor fuel, as defined in Section 1.1 of the | 21 |
| Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 22 |
| the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| 23 |
| With respect to gasohol, as defined in the Use Tax Act, the | 24 |
| tax imposed
by this Act shall apply to (i) 70% of the cost | 25 |
| price of property
transferred as
an incident to the sale of | 26 |
| service on or after January 1, 1990, and before
July 1, 2003, | 27 |
| (ii) 80% of the selling price of property transferred as an
| 28 |
| incident to the sale of service on or after July
1, 2003 and on | 29 |
| or before June 30, 2006
December 31, 2013 , (iii) 90% of the | 30 |
| proceeds of sales made on or after July 1, 2006 and on or | 31 |
| before June 30, 2016 and (iv)
(iii) 100%
of
the cost price
| 32 |
| thereafter.
If, at any time, however, the tax under this Act on | 33 |
| sales of gasohol, as
defined in
the Use Tax Act, is imposed at | 34 |
| the rate of 1.25%, then the
tax imposed by this Act applies to | 35 |
| 100% of the proceeds of sales of gasohol
made during that time.
| 36 |
| With respect to majority blended ethanol fuel, as defined |
|
|
|
SB2236 |
- 16 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| in the Use Tax Act,
the
tax
imposed by this Act does not apply | 2 |
| to the selling price of property transferred
as an incident to | 3 |
| the sale of service on or after July 1, 2003 and on or before
| 4 |
| December 31, 2013 but applies to 100% of the selling price | 5 |
| thereafter.
| 6 |
| With respect to biodiesel blends, as defined in the Use Tax | 7 |
| Act, with no less
than 1% and no
more than 10% biodiesel, the | 8 |
| tax imposed by this Act
applies to (i) 80% of the selling price | 9 |
| of property transferred as an incident
to the sale of service | 10 |
| on or after July 1, 2003 and on or before December 31,
2013 and | 11 |
| (ii) 100% of the proceeds of the selling price
thereafter.
If, | 12 |
| at any time, however, the tax under this Act on sales of | 13 |
| biodiesel blends,
as
defined in the Use Tax Act, with no less | 14 |
| than 1% and no more than 10% biodiesel
is imposed at the rate | 15 |
| of 1.25%, then the
tax imposed by this Act applies to 100% of | 16 |
| the proceeds of sales of biodiesel
blends with no less than 1% | 17 |
| and no more than 10% biodiesel
made
during that time.
| 18 |
| With respect to 100% biodiesel, as defined in the Use Tax | 19 |
| Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 20 |
| more than 10% but no more than 99% biodiesel material, the tax | 21 |
| imposed by this
Act
does not apply to the proceeds of the | 22 |
| selling price of property transferred
as an incident to the | 23 |
| sale of service on or after July 1, 2003 and on or before
| 24 |
| December 31, 2013 but applies to 100% of the selling price | 25 |
| thereafter.
| 26 |
| At the election of any registered serviceman made for each | 27 |
| fiscal year,
sales of service in which the aggregate annual | 28 |
| cost price of tangible
personal property transferred as an | 29 |
| incident to the sales of service is
less than 35%, or 75% in | 30 |
| the case of servicemen transferring prescription
drugs or | 31 |
| servicemen engaged in graphic arts production, of the aggregate
| 32 |
| annual total gross receipts from all sales of service, the tax | 33 |
| imposed by
this Act shall be based on the serviceman's cost | 34 |
| price of the tangible
personal property transferred incident to | 35 |
| the sale of those services.
| 36 |
| The tax shall be imposed at the rate of 1% on food prepared |
|
|
|
SB2236 |
- 17 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| for
immediate consumption and transferred incident to a sale of | 2 |
| service subject
to this Act or the Service Occupation Tax Act | 3 |
| by an entity licensed under
the Hospital Licensing Act, the | 4 |
| Nursing Home Care Act, or the
Child Care Act of 1969. The tax | 5 |
| shall
also be imposed at the rate of 1% on food for human | 6 |
| consumption that is
to be consumed off the
premises where it is | 7 |
| sold (other than alcoholic beverages, soft drinks, and
food | 8 |
| that has been prepared for immediate consumption and is not
| 9 |
| otherwise included in this paragraph) and prescription and
| 10 |
| nonprescription medicines, drugs, medical appliances, | 11 |
| modifications to a motor
vehicle for the purpose of rendering | 12 |
| it usable by a disabled person, and
insulin, urine testing | 13 |
| materials, syringes, and needles used by diabetics, for
human | 14 |
| use. For the purposes of this Section, the term "soft drinks" | 15 |
| means any
complete, finished, ready-to-use, non-alcoholic | 16 |
| drink, whether carbonated or
not, including but not limited to | 17 |
| soda water, cola, fruit juice, vegetable
juice, carbonated | 18 |
| water, and all other preparations commonly known as soft
drinks | 19 |
| of whatever kind or description that are contained in any | 20 |
| closed or
sealed can, carton, or container, regardless of size. | 21 |
| "Soft drinks" does not
include coffee, tea, non-carbonated | 22 |
| water, infant formula, milk or milk
products as defined in the | 23 |
| Grade A Pasteurized Milk and Milk Products Act, or
drinks | 24 |
| containing 50% or more natural fruit or vegetable juice.
| 25 |
| Notwithstanding any other provisions of this Act, "food for | 26 |
| human consumption
that is to be consumed off the premises where | 27 |
| it is sold" includes all food
sold through a vending machine, | 28 |
| except soft drinks and food products that are
dispensed hot | 29 |
| from a vending machine, regardless of the location of the | 30 |
| vending
machine.
| 31 |
| (Source: P.A. 93-17, eff. 6-11-03.)
| 32 |
| Section 30. The Retailers' Occupation Tax Act is amended by | 33 |
| changing Section 2-10 as follows:
| 34 |
| (35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
|
|
|
|
SB2236 |
- 18 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| Sec. 2-10. Rate of tax. Unless otherwise provided in this | 2 |
| Section,
the tax imposed by this Act is at the rate of 6.25% of | 3 |
| gross receipts
from sales of tangible personal property made in | 4 |
| the course of business.
| 5 |
| Beginning on July 1, 2000 and through December 31, 2000, | 6 |
| with respect to
motor fuel, as defined in Section 1.1 of the | 7 |
| Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 8 |
| the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| 9 |
| Within 14 days after the effective date of this amendatory | 10 |
| Act of the 91st
General Assembly, each retailer of motor fuel | 11 |
| and gasohol shall cause the
following notice to be posted in a | 12 |
| prominently visible place on each retail
dispensing device that | 13 |
| is used to dispense motor
fuel or gasohol in the State of | 14 |
| Illinois: "As of July 1, 2000, the State of
Illinois has | 15 |
| eliminated the State's share of sales tax on motor fuel and
| 16 |
| gasohol through December 31, 2000. The price on this pump | 17 |
| should reflect the
elimination of the tax." The notice shall be | 18 |
| printed in bold print on a sign
that is no smaller than 4 | 19 |
| inches by 8 inches. The sign shall be clearly
visible to | 20 |
| customers. Any retailer who fails to post or maintain a | 21 |
| required
sign through December 31, 2000 is guilty of a petty | 22 |
| offense for which the fine
shall be $500 per day per each | 23 |
| retail premises where a violation occurs.
| 24 |
| With respect to gasohol, as defined in the Use Tax Act, the | 25 |
| tax imposed
by this Act applies to (i) 70% of the proceeds of | 26 |
| sales made on or after
January 1, 1990, and before July 1, | 27 |
| 2003, (ii) 80% of the proceeds of
sales made on or after July | 28 |
| 1, 2003 and on or before June 30, 2006
December 31,
2013 , (iii) | 29 |
| 90% of the proceeds of sales made on or after July 1, 2006 and | 30 |
| on or before June 30, 2016 and (iv)
(iii) 100% of the proceeds | 31 |
| of sales
made thereafter.
If, at any time, however, the tax | 32 |
| under this Act on sales of gasohol, as
defined in
the Use Tax | 33 |
| Act, is imposed at the rate of 1.25%, then the
tax imposed by | 34 |
| this Act applies to 100% of the proceeds of sales of gasohol
| 35 |
| made during that time.
| 36 |
| With respect to majority blended ethanol fuel, as defined |
|
|
|
SB2236 |
- 19 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| in the Use Tax Act,
the
tax
imposed by this Act does not apply | 2 |
| to the proceeds of sales made on or after
July 1, 2003 and on or | 3 |
| before December 31, 2013 but applies to 100% of the
proceeds of | 4 |
| sales made thereafter.
| 5 |
| With respect to biodiesel blends, as defined in the Use Tax | 6 |
| Act, with no less
than 1% and no
more than 10% biodiesel, the | 7 |
| tax imposed by this Act
applies to (i) 80% of the proceeds of | 8 |
| sales made on or after July 1, 2003
and on or before December | 9 |
| 31, 2013 and (ii) 100% of the
proceeds of sales made | 10 |
| thereafter.
If, at any time, however, the tax under this Act on | 11 |
| sales of biodiesel blends,
as
defined in the Use Tax Act, with | 12 |
| no less than 1% and no more than 10% biodiesel
is imposed at | 13 |
| the rate of 1.25%, then the
tax imposed by this Act applies to | 14 |
| 100% of the proceeds of sales of biodiesel
blends with no less | 15 |
| than 1% and no more than 10% biodiesel
made
during that time.
| 16 |
| With respect to 100% biodiesel, as defined in the Use Tax | 17 |
| Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 18 |
| more than 10% but no more than 99% biodiesel, the tax imposed | 19 |
| by this Act
does not apply to the proceeds of sales made on or | 20 |
| after July 1, 2003
and on or before December 31, 2013 but | 21 |
| applies to 100% of the
proceeds of sales made thereafter.
| 22 |
| With respect to food for human consumption that is to be | 23 |
| consumed off the
premises where it is sold (other than | 24 |
| alcoholic beverages, soft drinks, and
food that has been | 25 |
| prepared for immediate consumption) and prescription and
| 26 |
| nonprescription medicines, drugs, medical appliances, | 27 |
| modifications to a motor
vehicle for the purpose of rendering | 28 |
| it usable by a disabled person, and
insulin, urine testing | 29 |
| materials, syringes, and needles used by diabetics, for
human | 30 |
| use, the tax is imposed at the rate of 1%. For the purposes of | 31 |
| this
Section, the term "soft drinks" means any complete, | 32 |
| finished, ready-to-use,
non-alcoholic drink, whether | 33 |
| carbonated or not, including but not limited to
soda water, | 34 |
| cola, fruit juice, vegetable juice, carbonated water, and all | 35 |
| other
preparations commonly known as soft drinks of whatever | 36 |
| kind or description that
are contained in any closed or sealed |
|
|
|
SB2236 |
- 20 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
| bottle, can, carton, or container,
regardless of size. "Soft | 2 |
| drinks" does not include coffee, tea, non-carbonated
water, | 3 |
| infant formula, milk or milk products as defined in the Grade A
| 4 |
| Pasteurized Milk and Milk Products Act, or drinks containing | 5 |
| 50% or more
natural fruit or vegetable juice.
| 6 |
| Notwithstanding any other provisions of this
Act, "food for | 7 |
| human consumption that is to be consumed off the premises where
| 8 |
| it is sold" includes all food sold through a vending machine, | 9 |
| except soft
drinks and food products that are dispensed hot | 10 |
| from a vending machine,
regardless of the location of the | 11 |
| vending machine.
| 12 |
| (Source: P.A. 93-17, eff. 6-11-03.)
| 13 |
| Section 35. The Motor Fuel and Petroleum Standards Act is | 14 |
| amended by adding Section 4.5 as follows: | 15 |
| (815 ILCS 370/4.5 new) | 16 |
| Sec. 4.5. Renewable Fuels Standard. Beginning January 1, | 17 |
| 2008 and notwithstanding any other provisions of law, a minimum | 18 |
| of 10% of all motor fuel sold or offered for sale in Illinois | 19 |
| must be denatured ethanol. Beginning January 1, 2012 a minimum | 20 |
| of 15% of all motor fuel sold or offered for sale in Illinois | 21 |
| must be denatured ethanol.
| 22 |
| Section 99. Effective date. This Act takes effect July 1, | 23 |
| 2006.
|
|
|
|
SB2236 |
- 21 - |
LRB094 18473 RSP 53794 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 20 ILCS 689/10 |
|
| 4 |
| 20 ILCS 689/15 |
|
| 5 |
| 20 ILCS 689/15-a new |
|
| 6 |
| 20 ILCS 689/15-b new |
|
| 7 |
| 20 ILCS 689/15-c new |
|
| 8 |
| 20 ILCS 689/15-d new |
|
| 9 |
| 20 ILCS 689/15-e new |
|
| 10 |
| 20 ILCS 689/20 |
|
| 11 |
| 20 ILCS 689/20-a new |
|
| 12 |
| 30 ILCS 105/5.663 new |
|
| 13 |
| 30 ILCS 105/6z-70 new |
|
| 14 |
| 30 ILCS 105/8h |
|
| 15 |
| 35 ILCS 105/3-10 |
from Ch. 120, par. 439.3-10 |
| 16 |
| 35 ILCS 110/3-10 |
from Ch. 120, par. 439.33-10 |
| 17 |
| 35 ILCS 115/3-10 |
from Ch. 120, par. 439.103-10 |
| 18 |
| 35 ILCS 120/2-10 |
from Ch. 120, par. 441-10 |
| 19 |
| 815 ILCS 370/4.5 new |
|
| |
|