State of Illinois
90th General Assembly
Legislation

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[ House Amendment 002 ]

90_HB0601ham003

                                           LRB9000420DNmbam06
 1                     AMENDMENT TO HOUSE BILL 601
 2        AMENDMENT NO.     .  Amend House Bill  601,  AS  AMENDED,
 3    with  reference  to  page and line numbers of House Amendment
 4    No. 2, on page 4, line 11, by deleting "or use"; and
 5    on page 4, line 13, by deleting "or use"; and
 6    on page 5, lines 15 and 16, by deleting "transaction  returns
 7    and"; and
 8    on page 5, line 22, by deleting "or use"; and
 9    on page 5, line 24, by deleting "or use"; and
10    on page 6, line 22, by deleting "occupation or"; and
11    on page 6, line 24, by deleting "occupation or"; and
12    on  page  7,  line 24, by deleting "transaction returns and";
13    and
14    on page 7, line 30, by deleting "occupation or"; and
15    on page 7, line 32, by deleting "occupation or"; and
16    on page 8, below line 15, by inserting the following:
17        "Section  20.   Additional   tax;   administration.   The
18    Department  shall  forthwith pay over to the State Treasurer,
                            -2-            LRB9000420DNmbam06
 1    ex-officio, as trustee, all  taxes  and  penalties  collected
 2    from  the rate equal to the rate of any additional occupation
 3    or use tax authorized in Sections 10 and 15 to  be  deposited
 4    in the Automobile Leasing Occupation and Use Tax Fund.  On or
 5    before  the  25th  day of each calendar month, the Department
 6    shall prepare and certify to the Comptroller the disbursement
 7    of stated sums of money to named units of  local  government,
 8    the  units  of  local  government  to  be  those for whom the
 9    Department imposed any tax at a rate equal to any  additional
10    occupation  or  use  tax  under Sections 10 and 15 during the
11    second preceding calendar month.  The amount to  be  paid  to
12    each  unit  of  local  government  shall  be  the amount (not
13    including credit memoranda) collected under this  Act  during
14    the  second  preceding  calendar month by the Department from
15    the tax, and not including an amount equal to the  amount  of
16    refunds  made  during  the second preceding calendar month by
17    the Department on behalf of the  unit  of  local  government,
18    less  1.6% of the balance, which sum shall be retained by the
19    State Treasurer to cover the costs incurred by the Department
20    in administering and enforcing this tax as  provided  herein.
21    The  Department  at  the time of each monthly disbursement to
22    the unit of local government shall prepare and certify to the
23    Comptroller the amount, so retained by the  State  Treasurer,
24    to  be  paid  into  the  General  Revenue  Fund  of the State
25    Treasury.  Within 10 days after receipt, by the  Comptroller,
26    of  the  disbursement  certification  to  the  units of local
27    government and the General Revenue Fund, provided for in this
28    Section to be given to the Comptroller by the Department, the
29    Comptroller shall cause  the  orders  to  be  drawn  for  the
30    respective   amounts   in   accordance  with  the  directions
31    contained in the certification."; and
32    on page 9, line 9, by replacing "5%" with "1.25%"; and
33    on page 12, line 24, by replacing "5%" with "1.25%"; and
                            -3-            LRB9000420DNmbam06
 1    on page 15, line 7, by deleting "to"; and
 2    on page 15, by replacing lines 8 and 9  with  "as  follows:";
 3    and
 4    on  page  15, by replacing lines 13 through 16 with "District
 5    Fund."; and
 6    on page 15, by  replacing  lines  20  and  21  with  "Transit
 7    District Fund."; and
 8    on  page  15,  line  22,  by  replacing "All" with "Except as
 9    otherwise provided in Section 20 of  the  Automobile  Leasing
10    Occupation and Use Tax Act, all"; and
11    on  page  15,  line 23, after "Section 10", by inserting "and
12    item (1) of Section 15"; and
13    on page  15,  lines  29  and  30,  by  replacing  "government
14    imposing the tax." with "government.
15        Section  50.   The  Use  Tax  Act  is amended by changing
16    Section 3-5 as follows:
17        (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
18        Sec. 3-5.  Exemptions.  Use  of  the  following  tangible
19    personal property is exempt from the tax imposed by this Act:
20        (1)  Personal  property  purchased  from  a  corporation,
21    society,    association,    foundation,    institution,    or
22    organization, other than a limited liability company, that is
23    organized and operated as a not-for-profit service enterprise
24    for  the  benefit  of persons 65 years of age or older if the
25    personal property was not purchased by the enterprise for the
26    purpose of resale by the enterprise.
27        (2)  Personal  property  purchased  by  a  not-for-profit
28    Illinois county  fair  association  for  use  in  conducting,
29    operating, or promoting the county fair.
                            -4-            LRB9000420DNmbam06
 1        (3)  Personal  property  purchased  by  a  not-for-profit
 2    music  or  dramatic  arts  organization  that establishes, by
 3    proof required  by  the  Department  by  rule,  that  it  has
 4    received an exemption under Section 501(c)(3) of the Internal
 5    Revenue  Code  and  that  is  organized  and operated for the
 6    presentation  of  live  public  performances  of  musical  or
 7    theatrical works on a regular basis.
 8        (4)  Personal property purchased by a governmental  body,
 9    by   a  corporation,  society,  association,  foundation,  or
10    institution   organized   and   operated   exclusively    for
11    charitable,  religious,  or  educational  purposes,  or  by a
12    not-for-profit corporation, society, association, foundation,
13    institution, or organization that has no compensated officers
14    or employees and that is organized and operated primarily for
15    the recreation of persons 55 years of age or older. A limited
16    liability company may qualify for the  exemption  under  this
17    paragraph  only if the limited liability company is organized
18    and operated exclusively for  educational  purposes.  On  and
19    after July 1, 1987, however, no entity otherwise eligible for
20    this exemption shall make tax-free purchases unless it has an
21    active   exemption   identification   number  issued  by  the
22    Department.
23        (5)  A passenger car that is a replacement vehicle to the
24    extent that the purchase price of the car is subject  to  the
25    Replacement Vehicle Tax.
26        (6)  Graphic  arts  machinery  and  equipment,  including
27    repair   and  replacement  parts,  both  new  and  used,  and
28    including that manufactured on special  order,  certified  by
29    the   purchaser   to  be  used  primarily  for  graphic  arts
30    production, and including machinery and  equipment  purchased
31    for lease.
32        (7)  Farm chemicals.
33        (8)  Legal  tender,  currency,  medallions,  or  gold  or
34    silver   coinage   issued  by  the  State  of  Illinois,  the
                            -5-            LRB9000420DNmbam06
 1    government of the United States of America, or the government
 2    of any foreign country, and bullion.
 3        (9)  Personal property purchased from a teacher-sponsored
 4    student  organization  affiliated  with  an   elementary   or
 5    secondary school located in Illinois.
 6        (10)  A  motor  vehicle  of  the  first division, a motor
 7    vehicle of the second division that is a self-contained motor
 8    vehicle designed or permanently converted to  provide  living
 9    quarters  for  recreational,  camping,  or  travel  use, with
10    direct walk through to the living quarters from the  driver's
11    seat,  or  a  motor vehicle of the second division that is of
12    the van configuration designed for the transportation of  not
13    less  than  7  nor  more  than  16  passengers, as defined in
14    Section 1-146 of the Illinois Vehicle Code, that is used  for
15    automobile  renting,  as  defined  in  the Automobile Renting
16    Occupation and Use Tax Act, or that is  used  for  automobile
17    leasing  as  defined in the Automobile Leasing Occupation and
18    Use Tax Act. Lessors who claim not to be engaged in  Illinois
19    in  the  business  of  leasing automobiles for the purpose of
20    collecting and remitting tax  under  the  Automobile  Leasing
21    Occupation  and  Use  Tax  Act  may  not claim this exemption
22    unless they voluntarily  register  with  the  Department  and
23    collect and remit tax under the Automobile Leasing Occupation
24    and  Use  Tax  Act on vehicles which they purchase, lease, or
25    register in Illinois.  This  paragraph  is  exempt  from  the
26    provisions of Section 3-90 of this Act.
27        (11)  Farm  machinery  and  equipment, both new and used,
28    including that manufactured on special  order,  certified  by
29    the purchaser to be used primarily for production agriculture
30    or   State   or   federal  agricultural  programs,  including
31    individual replacement parts for the machinery and equipment,
32    and including machinery and equipment  purchased  for  lease,
33    but  excluding motor vehicles required to be registered under
34    the Illinois Vehicle Code.
                            -6-            LRB9000420DNmbam06
 1        (12)  Fuel and petroleum products sold to or used  by  an
 2    air  common  carrier, certified by the carrier to be used for
 3    consumption, shipment, or  storage  in  the  conduct  of  its
 4    business  as an air common carrier, for a flight destined for
 5    or returning from a location or locations outside the  United
 6    States  without  regard  to  previous  or subsequent domestic
 7    stopovers.
 8        (13)  Proceeds of mandatory  service  charges  separately
 9    stated  on  customers' bills for the purchase and consumption
10    of food and beverages purchased at retail from a retailer, to
11    the extent that the proceeds of the  service  charge  are  in
12    fact  turned  over as tips or as a substitute for tips to the
13    employees who participate  directly  in  preparing,  serving,
14    hosting  or  cleaning  up  the food or beverage function with
15    respect to which the service charge is imposed.
16        (14)  Oil field  exploration,  drilling,  and  production
17    equipment, including (i) rigs and parts of rigs, rotary rigs,
18    cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
19    goods, including casing and drill strings,  (iii)  pumps  and
20    pump-jack  units,  (iv) storage tanks and flow lines, (v) any
21    individual  replacement  part  for  oil  field   exploration,
22    drilling,  and  production  equipment, and (vi) machinery and
23    equipment purchased for lease; but excluding  motor  vehicles
24    required to be registered under the Illinois Vehicle Code.
25        (15)  Photoprocessing  machinery and equipment, including
26    repair and replacement parts, both new  and  used,  including
27    that   manufactured   on  special  order,  certified  by  the
28    purchaser to  be  used  primarily  for  photoprocessing,  and
29    including  photoprocessing  machinery and equipment purchased
30    for lease.
31        (16)  Coal  exploration,  mining,   offhighway   hauling,
32    processing, maintenance, and reclamation equipment, including
33    replacement  parts  and  equipment,  and  including equipment
34    purchased for lease, but excluding motor vehicles required to
                            -7-            LRB9000420DNmbam06
 1    be registered under the Illinois Vehicle Code.
 2        (17)  Distillation machinery and  equipment,  sold  as  a
 3    unit   or  kit,  assembled  or  installed  by  the  retailer,
 4    certified by the user to be used only for the  production  of
 5    ethyl alcohol that will be used for consumption as motor fuel
 6    or  as  a component of motor fuel for the personal use of the
 7    user, and not subject to sale or resale.
 8        (18)  Manufacturing   and   assembling   machinery    and
 9    equipment  used  primarily in the process of manufacturing or
10    assembling tangible personal property for wholesale or retail
11    sale or lease, whether that sale or lease is made directly by
12    the  manufacturer  or  by  some  other  person,  whether  the
13    materials used in the process are owned by  the  manufacturer
14    or  some  other person, or whether that sale or lease is made
15    apart from or as an incident to the seller's engaging in  the
16    service  occupation of producing machines, tools, dies, jigs,
17    patterns, gauges, or other similar  items  of  no  commercial
18    value on special order for a particular purchaser.
19        (19)  Personal  property  delivered  to  a  purchaser  or
20    purchaser's donee inside Illinois when the purchase order for
21    that  personal  property  was  received  by a florist located
22    outside Illinois who has a florist  located  inside  Illinois
23    deliver the personal property.
24        (20)  Semen used for artificial insemination of livestock
25    for direct agricultural production.
26        (21)  Horses, or interests in horses, registered with and
27    meeting  the  requirements  of  any of the Arabian Horse Club
28    Registry of America, Appaloosa Horse Club,  American  Quarter
29    Horse  Association,  United  States  Trotting Association, or
30    Jockey Club, as appropriate, used for purposes of breeding or
31    racing for prizes.
32        (22)   Computers and  communications  equipment  utilized
33    for any hospital purpose and equipment used in the diagnosis,
34    analysis,  or  treatment  of hospital patients purchased by a
                            -8-            LRB9000420DNmbam06
 1    lessor who leases the equipment, under a lease of one year or
 2    longer executed or in effect at the  time  the  lessor  would
 3    otherwise  be  subject  to  the tax imposed by this Act, to a
 4    hospital  that  has  been  issued  an  active  tax  exemption
 5    identification  number  by the Department under Section 1g of
 6    the Retailers' Occupation  Tax  Act.   If  the  equipment  is
 7    leased  in  a manner that does not qualify for this exemption
 8    or is used in any other non-exempt manner, the  lessor  shall
 9    be  liable  for the tax imposed under this Act or the Service
10    Use Tax Act, as the case may be, based  on  the  fair  market
11    value  of  the  property  at  the time the non-qualifying use
12    occurs.  No lessor shall collect or  attempt  to  collect  an
13    amount  (however  designated) that purports to reimburse that
14    lessor for the tax imposed by this Act or the Service Use Tax
15    Act, as the case may be, if the tax has not been paid by  the
16    lessor.  If a lessor improperly collects any such amount from
17    the  lessee,  the  lessee shall have a legal right to claim a
18    refund of that amount from the  lessor.   If,  however,  that
19    amount  is  not  refunded  to  the lessee for any reason, the
20    lessor is liable to pay that amount to the Department.
21        (23)   Personal property purchased by a lessor who leases
22    the property, under a lease of  one year or  longer  executed
23    or  in  effect  at  the  time  the  lessor would otherwise be
24    subject to the tax imposed by this  Act,  to  a  governmental
25    body  that  has  been  issued  an  active sales tax exemption
26    identification number by the Department under Section  1g  of
27    the  Retailers' Occupation Tax Act. If the property is leased
28    in a manner that does not qualify for this exemption or  used
29    in  any  other  non-exempt manner, the lessor shall be liable
30    for the tax imposed under this Act or  the  Service  Use  Tax
31    Act,  as  the  case may be, based on the fair market value of
32    the property at the time the non-qualifying use  occurs.   No
33    lessor shall collect or attempt to collect an amount (however
34    designated)  that  purports  to reimburse that lessor for the
                            -9-            LRB9000420DNmbam06
 1    tax imposed by this Act or the Service Use Tax  Act,  as  the
 2    case  may be, if the tax has not been paid by the lessor.  If
 3    a lessor improperly collects any such amount from the lessee,
 4    the lessee shall have a legal right to claim a refund of that
 5    amount from the lessor.  If,  however,  that  amount  is  not
 6    refunded  to  the lessee for any reason, the lessor is liable
 7    to pay that amount to the Department.
 8        (24)   Beginning with taxable years ending  on  or  after
 9    December  31, 1995 and ending with taxable years ending on or
10    before December 31, 2004, personal property that  is  donated
11    for  disaster  relief  to  be  used  in  a State or federally
12    declared disaster area in Illinois or bordering Illinois by a
13    manufacturer or retailer that is registered in this State  to
14    a   corporation,   society,   association,   foundation,   or
15    institution  that  has  been  issued  a  sales  tax exemption
16    identification number by the Department that assists  victims
17    of the disaster who reside within the declared disaster area.
18        (25)   Beginning  with  taxable  years ending on or after
19    December 31, 1995 and ending with taxable years ending on  or
20    before  December  31, 2004, personal property that is used in
21    the performance of  infrastructure  repairs  in  this  State,
22    including  but  not  limited  to municipal roads and streets,
23    access roads, bridges,  sidewalks,  waste  disposal  systems,
24    water  and  sewer  line  extensions,  water  distribution and
25    purification facilities, storm water drainage  and  retention
26    facilities, and sewage treatment facilities, resulting from a
27    State or federally declared disaster in Illinois or bordering
28    Illinois  when  such  repairs  are  initiated  on  facilities
29    located  in  the declared disaster area within 6 months after
30    the disaster.
31    (Source: P.A. 88-337; 88-480; 88-547; 88-670,  eff.  12-2-94;
32    89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;  89-349,  eff.
33    8-17-95;  89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
34    eff. 8-9-96; revised 8-21-96.)
                            -10-           LRB9000420DNmbam06
 1        Section 55.  The Retailers' Occupation Tax Act is amended
 2    by changing Section 2-5 as follows:
 3        (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
 4        Sec. 2-5.  Exemptions.  Gross receipts from proceeds from
 5    the sale of the  following  tangible  personal  property  are
 6    exempt from the tax imposed by this Act:
 7        (1)  Farm chemicals.
 8        (2)  Farm  machinery  and  equipment,  both new and used,
 9    including that manufactured on special  order,  certified  by
10    the purchaser to be used primarily for production agriculture
11    or   State   or   federal  agricultural  programs,  including
12    individual replacement parts for the machinery and equipment,
13    and including machinery and equipment  purchased  for  lease,
14    but  excluding motor vehicles required to be registered under
15    the Illinois Vehicle Code.
16        (3)  Distillation machinery and equipment, sold as a unit
17    or kit, assembled or installed by the retailer, certified  by
18    the  user to be used only for the production of ethyl alcohol
19    that will be used for consumption  as  motor  fuel  or  as  a
20    component of motor fuel for the personal use of the user, and
21    not subject to sale or resale.
22        (4)  Graphic  arts  machinery  and  equipment,  including
23    repair   and  replacement  parts,  both  new  and  used,  and
24    including that manufactured on special order or purchased for
25    lease, certified by the purchaser to be  used  primarily  for
26    graphic arts production.
27        (5)  A  motor  vehicle  of  the  first  division, a motor
28    vehicle of the second division that is a self-contained motor
29    vehicle designed or permanently converted to  provide  living
30    quarters  for  recreational,  camping,  or  travel  use, with
31    direct walk through access to the living  quarters  from  the
32    driver's seat, or a motor vehicle of the second division that
33    is  of  the van configuration designed for the transportation
                            -11-           LRB9000420DNmbam06
 1    of not less than 7 nor more than 16 passengers, as defined in
 2    Section 1-146 of the Illinois Vehicle Code, that is used  for
 3    automobile  renting,  as  defined  in  the Automobile Renting
 4    Occupation and Use Tax Act, or that is  used  for  automobile
 5    leasing  as  defined in the Automobile Leasing Occupation and
 6    Use Tax Act. Lessors who claim not to be engaged in  Illinois
 7    in  the  business  of  leasing automobiles for the purpose of
 8    collecting and remitting tax  under  the  Automobile  Leasing
 9    Occupation  and  Use  Tax  Act  may  not claim this exemption
10    unless they voluntarily  register  with  the  Department  and
11    collect and remit tax under the Automobile Leasing Occupation
12    and  Use  Tax  Act on vehicles which they purchase, lease, or
13    register in Illinois.  This  paragraph  is  exempt  from  the
14    provisions of Section 2-70 of this 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)  Proceeds  of  that portion of the selling price of a
19    passenger car the sale of which is subject to the Replacement
20    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 music  or
25    dramatic   arts   organization  that  establishes,  by  proof
26    required by the Department by rule, that it has  received  an
27    exemption  under  Section  501(c) (3) of the Internal Revenue
28    Code and that is organized and operated for the  presentation
29    of live public performances of musical or theatrical works on
30    a regular basis.
31        (10)  Personal  property  sold by a corporation, society,
32    association, foundation, institution, or organization,  other
33    than  a  limited  liability  company,  that  is organized and
34    operated as  a  not-for-profit  service  enterprise  for  the
                            -12-           LRB9000420DNmbam06
 1    benefit  of  persons 65 years of age or older if the personal
 2    property was not purchased by the enterprise for the  purpose
 3    of resale by the enterprise.
 4        (11)  Personal property sold to a governmental body, to a
 5    corporation, society, association, foundation, or institution
 6    organized and operated exclusively for charitable, religious,
 7    or  educational purposes, or to a not-for-profit corporation,
 8    society,    association,    foundation,    institution,    or
 9    organization that has no compensated  officers  or  employees
10    and   that  is  organized  and  operated  primarily  for  the
11    recreation of persons 55 years of age  or  older.  A  limited
12    liability  company  may  qualify for the exemption under this
13    paragraph only if the limited liability company is  organized
14    and  operated  exclusively  for  educational purposes. On and
15    after July 1, 1987, however, no entity otherwise eligible for
16    this exemption shall make tax-free purchases unless it has an
17    active identification number issued by the Department.
18        (12)  Personal property sold to interstate  carriers  for
19    hire  for  use as rolling stock moving in interstate commerce
20    or to lessors under leases of one year or longer executed  or
21    in  effect at the time of purchase by interstate carriers for
22    hire for use as rolling stock moving in  interstate  commerce
23    and  equipment  operated  by  a  telecommunications provider,
24    licensed as a common carrier by  the  Federal  Communications
25    Commission,  which  is permanently installed in or affixed to
26    aircraft moving in interstate commerce.
27        (13)  Proceeds from sales to owners, lessors, or shippers
28    of tangible personal property that is utilized by  interstate
29    carriers  for  hire  for  use  as  rolling  stock  moving  in
30    interstate    commerce    and   equipment   operated   by   a
31    telecommunications provider, licensed as a common carrier  by
32    the  Federal  Communications Commission, which is permanently
33    installed in or affixed  to  aircraft  moving  in  interstate
34    commerce.
                            -13-           LRB9000420DNmbam06
 1        (14)  Machinery  and  equipment  that will be used by the
 2    purchaser, or a lessee of the  purchaser,  primarily  in  the
 3    process  of  manufacturing  or  assembling  tangible personal
 4    property for wholesale or retail sale or lease,  whether  the
 5    sale or lease is made directly by the manufacturer or by some
 6    other  person,  whether the materials used in the process are
 7    owned by the manufacturer or some other  person,  or  whether
 8    the sale or lease is made apart from or as an incident to the
 9    seller's  engaging  in  the  service  occupation of producing
10    machines, tools,  dies,  jigs,  patterns,  gauges,  or  other
11    similar  items  of no commercial value on special order for a
12    particular purchaser.
13        (15)  Proceeds of mandatory  service  charges  separately
14    stated  on  customers'  bills for purchase and consumption of
15    food and beverages, to the extent that the  proceeds  of  the
16    service  charge  are  in  fact  turned  over  as tips or as a
17    substitute for tips to the employees who participate directly
18    in preparing, serving, hosting or cleaning  up  the  food  or
19    beverage function with respect to which the service charge is
20    imposed.
21        (16)  Petroleum  products  sold  to  a  purchaser  if the
22    seller is prohibited by federal law from charging tax to  the
23    purchaser.
24        (17)  Tangible personal property sold to a common carrier
25    by rail that receives the physical possession of the property
26    in  Illinois and that transports the property, or shares with
27    another common carrier in the transportation of the property,
28    out of Illinois on a standard uniform bill of lading  showing
29    the seller of the property as the shipper or consignor of the
30    property  to  a destination outside Illinois, for use outside
31    Illinois.
32        (18)  Legal tender,  currency,  medallions,  or  gold  or
33    silver   coinage   issued  by  the  State  of  Illinois,  the
34    government of the United States of America, or the government
                            -14-           LRB9000420DNmbam06
 1    of any foreign country, and bullion.
 2        (19)  Oil field  exploration,  drilling,  and  production
 3    equipment, including (i) rigs and parts of rigs, rotary rigs,
 4    cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
 5    goods, including casing and drill strings,  (iii)  pumps  and
 6    pump-jack  units,  (iv) storage tanks and flow lines, (v) any
 7    individual  replacement  part  for  oil  field   exploration,
 8    drilling,  and  production  equipment, and (vi) machinery and
 9    equipment purchased for lease; but excluding  motor  vehicles
10    required to be registered under the Illinois Vehicle Code.
11        (20)  Photoprocessing  machinery and equipment, including
12    repair and replacement parts, both new  and  used,  including
13    that   manufactured   on  special  order,  certified  by  the
14    purchaser to  be  used  primarily  for  photoprocessing,  and
15    including  photoprocessing  machinery and equipment purchased
16    for lease.
17        (21)  Coal  exploration,  mining,   offhighway   hauling,
18    processing, maintenance, and reclamation equipment, including
19    replacement  parts  and  equipment,  and  including equipment
20    purchased for lease, but excluding motor vehicles required to
21    be registered under the Illinois Vehicle Code.
22        (22)  Fuel and petroleum products sold to or used  by  an
23    air  carrier,  certified  by  the  carrier  to  be  used  for
24    consumption,  shipment,  or  storage  in  the  conduct of its
25    business as an air common carrier, for a flight destined  for
26    or  returning from a location or locations outside the United
27    States without regard  to  previous  or  subsequent  domestic
28    stopovers.
29        (23)  A  transaction  in  which  the  purchase  order  is
30    received  by  a  florist who is located outside Illinois, but
31    who has a florist located in Illinois deliver the property to
32    the purchaser or the purchaser's donee in Illinois.
33        (24)  Fuel consumed or used in the  operation  of  ships,
34    barges,  or  vessels  that  are  used primarily in or for the
                            -15-           LRB9000420DNmbam06
 1    transportation of property or the conveyance of  persons  for
 2    hire  on  rivers  bordering  on  this  State  if  the fuel is
 3    delivered by the seller to the purchaser's  barge,  ship,  or
 4    vessel while it is afloat upon that bordering river.
 5        (25)  A motor vehicle sold in this State to a nonresident
 6    even though the motor vehicle is delivered to the nonresident
 7    in  this  State,  if the motor vehicle is not to be titled in
 8    this State, and if a driveaway decal permit is issued to  the
 9    motor  vehicle  as  provided in Section 3-603 of the Illinois
10    Vehicle Code or if  the  nonresident  purchaser  has  vehicle
11    registration  plates  to  transfer  to the motor vehicle upon
12    returning to his or her home  state.   The  issuance  of  the
13    driveaway   decal   permit   or   having   the   out-of-state
14    registration plates to be transferred is prima facie evidence
15    that the motor vehicle will not be titled in this State.
16        (26)  Semen used for artificial insemination of livestock
17    for direct agricultural production.
18        (27)  Horses, or interests in horses, registered with and
19    meeting  the  requirements  of  any of the Arabian Horse Club
20    Registry of America, Appaloosa Horse Club,  American  Quarter
21    Horse  Association,  United  States  Trotting Association, or
22    Jockey Club, as appropriate, used for purposes of breeding or
23    racing for prizes.
24        (28)  Computers and communications equipment utilized for
25    any hospital purpose and equipment  used  in  the  diagnosis,
26    analysis,  or treatment of hospital patients sold to a lessor
27    who leases the equipment, under a lease of one year or longer
28    executed or in effect at the  time  of  the  purchase,  to  a
29    hospital  that  has  been  issued  an  active  tax  exemption
30    identification  number  by the Department under Section 1g of
31    this Act.
32        (29)  Personal property sold to a lessor who  leases  the
33    property,  under a lease of one year or longer executed or in
34    effect at the time of the purchase, to  a  governmental  body
                            -16-           LRB9000420DNmbam06
 1    that  has  been issued an active tax exemption identification
 2    number by the Department under Section 1g of this Act.
 3        (30)  Beginning with taxable years  ending  on  or  after
 4    December  31, 1995 and ending with taxable years ending on or
 5    before December 31, 2004, personal property that  is  donated
 6    for  disaster  relief  to  be  used  in  a State or federally
 7    declared disaster area in Illinois or bordering Illinois by a
 8    manufacturer or retailer that is registered in this State  to
 9    a   corporation,   society,   association,   foundation,   or
10    institution  that  has  been  issued  a  sales  tax exemption
11    identification number by the Department that assists  victims
12    of the disaster who reside within the declared disaster area.
13        (31)  Beginning  with  taxable  years  ending on or after
14    December 31, 1995 and ending with taxable years ending on  or
15    before  December  31, 2004, personal property that is used in
16    the performance of  infrastructure  repairs  in  this  State,
17    including  but  not  limited  to municipal roads and streets,
18    access roads, bridges,  sidewalks,  waste  disposal  systems,
19    water  and  sewer  line  extensions,  water  distribution and
20    purification facilities, storm water drainage  and  retention
21    facilities, and sewage treatment facilities, resulting from a
22    State or federally declared disaster in Illinois or bordering
23    Illinois  when  such  repairs  are  initiated  on  facilities
24    located  in  the declared disaster area within 6 months after
25    the disaster.
26    (Source: P.A. 88-337; 88-480; 88-547; 88-670,  eff.  12-2-94;
27    89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;  89-349,  eff.
28    8-17-95;  89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
29    eff. 8-9-96; revised 8-21-96.)".

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