(35 ILCS 165/100)
Sec. 100.
Section 1 of Article 1 of Public Act 85-1135 (which is
incorrectly shown as Section 12 in the Laws of Illinois) is re-enacted as
follows:
(P.A. 85-1135, Art. I, Sec. 1)
Sec. 1.
It is the intent of the 85th General Assembly that:
(a) the abolition of the authority of municipalities and counties to
impose occupation and use taxes, and the corresponding concurrent increase
of the state rate of such taxes with a corresponding distribution to such
municipalities and counties pursuant to this amendatory Act of 1988, shall
remain in full force and effect on a permanent basis;
(b) there shall be no reduction or redistribution as to proportional
amount of such corresponding distribution received by such municipalities
and counties except as expressly provided in this amendatory Act of 1988;
(c) there shall be no reduction of the rate or base of such taxes
except as expressly provided in this amendatory Act of 1988;
(d) there shall be no limitation on the use of monies received by such
municipalities and counties except as expressly provided in this amendatory
Act of 1988;
(e) the distribution of occupation tax revenues to municipalities and
counties shall remain on the basis of point of sale;
(f) tax revenues collected pursuant to the State use tax Acts on
interstate transactions involving transfer of tangible personal property
shall be distributed in accordance with the formula established by this
amendatory Act of 1988 for State use taxes; and
(g) repeal of the statutory authority of municipalities and counties to
impose local retailers' occupation taxes, use taxes, and service occupation
taxes shall not be so construed as to impair the provisions of any
development, redevelopment, annexation, preannexation or other lawful
agreement which describes or refers to receipts from any of such taxes,
but, rather, any such description or reference to such taxes shall be given
effect as if reference were made in such agreement to the replacement
revenue for such abolished taxes received from the Local Government Tax
Fund, County and Mass Transit Tax Fund or Local Government
Distributive Fund, as the case may be.
(Source: P.A. 91-51, eff. 6-30-99.)
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