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| [ Senate Amendment 002 ] |
92_HB0263enr HB0263 Enrolled LRB9203561MWpk 1 AN ACT in relation to the local governments. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by changing 5 Section 8.25f and adding Sections 5.545 and 6z-51 as follows: 6 (30 ILCS 105/5.545 new) 7 Sec. 5.545. The Statewide Economic Development Fund. 8 (30 ILCS 105/6z-51 new) 9 Sec. 6z-51. Statewide Economic Development Fund. 10 (a) The Statewide Economic Development Fund is created 11 as a special fund in the State treasury. Moneys in the Fund 12 shall be used, subject to appropriation, for the purpose of 13 statewide economic development activities. 14 (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f) 15 Sec. 8.25f. McCormick Place Expansion Project Fund. 16 (a) Deposits. The following amounts shall be deposited 17 into the McCormick Place Expansion Project Fund in the State 18 Treasury: (i) the moneys required to be deposited into the 19 Fund under Section 9 of the Use Tax Act, Section 9 of the 20 Service Occupation Tax Act, Section 9 of the Service Use Tax 21 Act, and Section 3 of the Retailers' Occupation Tax Act and 22 (ii) the moneys required to be deposited into the Fund under 23 Section 13 of the Metropolitan Pier and Exposition Authority 24 Act. Notwithstanding the foregoing, the maximum amount that 25 may be deposited into the McCormick Place Expansion Project 26 Fund from item (i) shall not exceed the following amounts 27 with respect to the following fiscal years: 28 Fiscal Year Total Deposit 29 1993 $0 HB0263 Enrolled -2- LRB9203561MWpk 1 1994 53,000,000 2 1995 58,000,000 3 1996 61,000,000 4 1997 64,000,000 5 1998 68,000,000 6 1999 71,000,000 7 2000 75,000,000 8 2001 80,000,000 9 2002 93,000,00084,000,00010 2003 99,000,00089,000,00011 2004 103,000,00093,000,00012 2005 108,000,00097,000,00013 2006 113,000,000102,000,00014 2007 119,000,000108,000,00015 2008 126,000,000115,000,00016 2009 132,000,000120,000,00017 2010 139,000,000126,000,00018 2011 146,000,000132,000,00019 2012 153,000,000138,000,00020 2013 161,000,000 21 2014 170,000,000 22 2015 179,000,000 23 2016 189,000,000 24 2017 199,000,000 25 2018 210,000,000 26 2019 221,000,000 27 2020 233,000,000 28 2021 246,000,000 29 2022 260,000,000 30 2023 and 275,000,000 31145,000,00032 each fiscal year thereafter 33 that bonds are outstanding 34 under Section 13.2 of the HB0263 Enrolled -3- LRB9203561MWpk 1 Metropolitan Pier and Exposition 2 Authority Act, but not after 3 fiscal year 20422029. 4 Provided that all amounts deposited in the Fund and 5 requested in the Authority's certificate have been paid to 6 the Authority, all amounts remaining in the McCormick Place 7 Expansion Project Fund on the last day of any month shall be 8 transferred to the General Revenue Fund. 9 (b) Authority certificate. Beginning with fiscal year 10 1994 and continuing for each fiscal year thereafter, the 11 Chairman of the Metropolitan Pier and Exposition Authority 12 shall annually certify to the State Comptroller and the State 13 Treasurer the amount necessary and required, during the 14 fiscal year with respect to which the certification is made, 15 to pay the debt service requirements (including amounts to be 16 paid with respect to arrangements to provide additional 17 security or liquidity) on all outstanding bonds and notes, 18 including refunding bonds, (collectively referred to as 19 "bonds") in an amount issued by the Authority pursuant to 20 Section 13.2 of the Metropolitan Pier and Exposition 21 Authority Act. The certificate may be amended from time to 22 time as necessary. 23 (Source: P.A. 90-612, eff. 7-8-98; 91-101, eff. 7-12-99.) 24 Section 15. The Use Tax Act is amended by changing 25 Section 9 as follows: 26 (35 ILCS 105/9) (from Ch. 120, par. 439.9) 27 Sec. 9. Except as to motor vehicles, watercraft, 28 aircraft, and trailers that are required to be registered 29 with an agency of this State, each retailer required or 30 authorized to collect the tax imposed by this Act shall pay 31 to the Department the amount of such tax (except as otherwise 32 provided) at the time when he is required to file his return HB0263 Enrolled -4- LRB9203561MWpk 1 for the period during which such tax was collected, less a 2 discount of 2.1% prior to January 1, 1990, and 1.75% on and 3 after January 1, 1990, or $5 per calendar year, whichever is 4 greater, which is allowed to reimburse the retailer for 5 expenses incurred in collecting the tax, keeping records, 6 preparing and filing returns, remitting the tax and supplying 7 data to the Department on request. In the case of retailers 8 who report and pay the tax on a transaction by transaction 9 basis, as provided in this Section, such discount shall be 10 taken with each such tax remittance instead of when such 11 retailer files his periodic return. A retailer need not 12 remit that part of any tax collected by him to the extent 13 that he is required to remit and does remit the tax imposed 14 by the Retailers' Occupation Tax Act, with respect to the 15 sale of the same property. 16 Where such tangible personal property is sold under a 17 conditional sales contract, or under any other form of sale 18 wherein the payment of the principal sum, or a part thereof, 19 is extended beyond the close of the period for which the 20 return is filed, the retailer, in collecting the tax (except 21 as to motor vehicles, watercraft, aircraft, and trailers that 22 are required to be registered with an agency of this State), 23 may collect for each tax return period, only the tax 24 applicable to that part of the selling price actually 25 received during such tax return period. 26 Except as provided in this Section, on or before the 27 twentieth day of each calendar month, such retailer shall 28 file a return for the preceding calendar month. Such return 29 shall be filed on forms prescribed by the Department and 30 shall furnish such information as the Department may 31 reasonably require. 32 The Department may require returns to be filed on a 33 quarterly basis. If so required, a return for each calendar 34 quarter shall be filed on or before the twentieth day of the HB0263 Enrolled -5- LRB9203561MWpk 1 calendar month following the end of such calendar quarter. 2 The taxpayer shall also file a return with the Department for 3 each of the first two months of each calendar quarter, on or 4 before the twentieth day of the following calendar month, 5 stating: 6 1. The name of the seller; 7 2. The address of the principal place of business 8 from which he engages in the business of selling tangible 9 personal property at retail in this State; 10 3. The total amount of taxable receipts received by 11 him during the preceding calendar month from sales of 12 tangible personal property by him during such preceding 13 calendar month, including receipts from charge and time 14 sales, but less all deductions allowed by law; 15 4. The amount of credit provided in Section 2d of 16 this Act; 17 5. The amount of tax due; 18 5-5. The signature of the taxpayer; and 19 6. Such other reasonable information as the 20 Department may require. 21 If a taxpayer fails to sign a return within 30 days after 22 the proper notice and demand for signature by the Department, 23 the return shall be considered valid and any amount shown to 24 be due on the return shall be deemed assessed. 25 Beginning October 1, 1993, a taxpayer who has an average 26 monthly tax liability of $150,000 or more shall make all 27 payments required by rules of the Department by electronic 28 funds transfer. Beginning October 1, 1994, a taxpayer who has 29 an average monthly tax liability of $100,000 or more shall 30 make all payments required by rules of the Department by 31 electronic funds transfer. Beginning October 1, 1995, a 32 taxpayer who has an average monthly tax liability of $50,000 33 or more shall make all payments required by rules of the 34 Department by electronic funds transfer. Beginning October 1, HB0263 Enrolled -6- LRB9203561MWpk 1 2000, a taxpayer who has an annual tax liability of $200,000 2 or more shall make all payments required by rules of the 3 Department by electronic funds transfer. The term "annual 4 tax liability" shall be the sum of the taxpayer's liabilities 5 under this Act, and under all other State and local 6 occupation and use tax laws administered by the Department, 7 for the immediately preceding calendar year. The term 8 "average monthly tax liability" means the sum of the 9 taxpayer's liabilities under this Act, and under all other 10 State and local occupation and use tax laws administered by 11 the Department, for the immediately preceding calendar year 12 divided by 12. 13 Before August 1 of each year beginning in 1993, the 14 Department shall notify all taxpayers required to make 15 payments by electronic funds transfer. All taxpayers required 16 to make payments by electronic funds transfer shall make 17 those payments for a minimum of one year beginning on October 18 1. 19 Any taxpayer not required to make payments by electronic 20 funds transfer may make payments by electronic funds transfer 21 with the permission of the Department. 22 All taxpayers required to make payment by electronic 23 funds transfer and any taxpayers authorized to voluntarily 24 make payments by electronic funds transfer shall make those 25 payments in the manner authorized by the Department. 26 The Department shall adopt such rules as are necessary to 27 effectuate a program of electronic funds transfer and the 28 requirements of this Section. 29 Before October 1, 2000, if the taxpayer's average monthly 30 tax liability to the Department under this Act, the 31 Retailers' Occupation Tax Act, the Service Occupation Tax 32 Act, the Service Use Tax Act was $10,000 or more during the 33 preceding 4 complete calendar quarters, he shall file a 34 return with the Department each month by the 20th day of the HB0263 Enrolled -7- LRB9203561MWpk 1 month next following the month during which such tax 2 liability is incurred and shall make payments to the 3 Department on or before the 7th, 15th, 22nd and last day of 4 the month during which such liability is incurred. On and 5 after October 1, 2000, if the taxpayer's average monthly tax 6 liability to the Department under this Act, the Retailers' 7 Occupation Tax Act, the Service Occupation Tax Act, and the 8 Service Use Tax Act was $20,000 or more during the preceding 9 4 complete calendar quarters, he shall file a return with the 10 Department each month by the 20th day of the month next 11 following the month during which such tax liability is 12 incurred and shall make payment to the Department on or 13 before the 7th, 15th, 22nd and last day of the month during 14 which such liability is incurred. If the month during which 15 such tax liability is incurred began prior to January 1, 16 1985, each payment shall be in an amount equal to 1/4 of the 17 taxpayer's actual liability for the month or an amount set by 18 the Department not to exceed 1/4 of the average monthly 19 liability of the taxpayer to the Department for the preceding 20 4 complete calendar quarters (excluding the month of highest 21 liability and the month of lowest liability in such 4 quarter 22 period). If the month during which such tax liability is 23 incurred begins on or after January 1, 1985, and prior to 24 January 1, 1987, each payment shall be in an amount equal to 25 22.5% of the taxpayer's actual liability for the month or 26 27.5% of the taxpayer's liability for the same calendar month 27 of the preceding year. If the month during which such tax 28 liability is incurred begins on or after January 1, 1987, and 29 prior to January 1, 1988, each payment shall be in an amount 30 equal to 22.5% of the taxpayer's actual liability for the 31 month or 26.25% of the taxpayer's liability for the same 32 calendar month of the preceding year. If the month during 33 which such tax liability is incurred begins on or after 34 January 1, 1988, and prior to January 1, 1989, or begins on HB0263 Enrolled -8- LRB9203561MWpk 1 or after January 1, 1996, each payment shall be in an amount 2 equal to 22.5% of the taxpayer's actual liability for the 3 month or 25% of the taxpayer's liability for the same 4 calendar month of the preceding year. If the month during 5 which such tax liability is incurred begins on or after 6 January 1, 1989, and prior to January 1, 1996, each payment 7 shall be in an amount equal to 22.5% of the taxpayer's actual 8 liability for the month or 25% of the taxpayer's liability 9 for the same calendar month of the preceding year or 100% of 10 the taxpayer's actual liability for the quarter monthly 11 reporting period. The amount of such quarter monthly 12 payments shall be credited against the final tax liability of 13 the taxpayer's return for that month. Before October 1, 14 2000, once applicable, the requirement of the making of 15 quarter monthly payments to the Department shall continue 16 until such taxpayer's average monthly liability to the 17 Department during the preceding 4 complete calendar quarters 18 (excluding the month of highest liability and the month of 19 lowest liability) is less than $9,000, or until such 20 taxpayer's average monthly liability to the Department as 21 computed for each calendar quarter of the 4 preceding 22 complete calendar quarter period is less than $10,000. 23 However, if a taxpayer can show the Department that a 24 substantial change in the taxpayer's business has occurred 25 which causes the taxpayer to anticipate that his average 26 monthly tax liability for the reasonably foreseeable future 27 will fall below the $10,000 threshold stated above, then such 28 taxpayer may petition the Department for change in such 29 taxpayer's reporting status. On and after October 1, 2000, 30 once applicable, the requirement of the making of quarter 31 monthly payments to the Department shall continue until such 32 taxpayer's average monthly liability to the Department during 33 the preceding 4 complete calendar quarters (excluding the 34 month of highest liability and the month of lowest liability) HB0263 Enrolled -9- LRB9203561MWpk 1 is less than $19,000 or until such taxpayer's average monthly 2 liability to the Department as computed for each calendar 3 quarter of the 4 preceding complete calendar quarter period 4 is less than $20,000. However, if a taxpayer can show the 5 Department that a substantial change in the taxpayer's 6 business has occurred which causes the taxpayer to anticipate 7 that his average monthly tax liability for the reasonably 8 foreseeable future will fall below the $20,000 threshold 9 stated above, then such taxpayer may petition the Department 10 for a change in such taxpayer's reporting status. The 11 Department shall change such taxpayer's reporting status 12 unless it finds that such change is seasonal in nature and 13 not likely to be long term. If any such quarter monthly 14 payment is not paid at the time or in the amount required by 15 this Section, then the taxpayer shall be liable for penalties 16 and interest on the difference between the minimum amount due 17 and the amount of such quarter monthly payment actually and 18 timely paid, except insofar as the taxpayer has previously 19 made payments for that month to the Department in excess of 20 the minimum payments previously due as provided in this 21 Section. The Department shall make reasonable rules and 22 regulations to govern the quarter monthly payment amount and 23 quarter monthly payment dates for taxpayers who file on other 24 than a calendar monthly basis. 25 If any such payment provided for in this Section exceeds 26 the taxpayer's liabilities under this Act, the Retailers' 27 Occupation Tax Act, the Service Occupation Tax Act and the 28 Service Use Tax Act, as shown by an original monthly return, 29 the Department shall issue to the taxpayer a credit 30 memorandum no later than 30 days after the date of payment, 31 which memorandum may be submitted by the taxpayer to the 32 Department in payment of tax liability subsequently to be 33 remitted by the taxpayer to the Department or be assigned by 34 the taxpayer to a similar taxpayer under this Act, the HB0263 Enrolled -10- LRB9203561MWpk 1 Retailers' Occupation Tax Act, the Service Occupation Tax Act 2 or the Service Use Tax Act, in accordance with reasonable 3 rules and regulations to be prescribed by the Department, 4 except that if such excess payment is shown on an original 5 monthly return and is made after December 31, 1986, no credit 6 memorandum shall be issued, unless requested by the taxpayer. 7 If no such request is made, the taxpayer may credit such 8 excess payment against tax liability subsequently to be 9 remitted by the taxpayer to the Department under this Act, 10 the Retailers' Occupation Tax Act, the Service Occupation Tax 11 Act or the Service Use Tax Act, in accordance with reasonable 12 rules and regulations prescribed by the Department. If the 13 Department subsequently determines that all or any part of 14 the credit taken was not actually due to the taxpayer, the 15 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced 16 by 2.1% or 1.75% of the difference between the credit taken 17 and that actually due, and the taxpayer shall be liable for 18 penalties and interest on such difference. 19 If the retailer is otherwise required to file a monthly 20 return and if the retailer's average monthly tax liability to 21 the Department does not exceed $200, the Department may 22 authorize his returns to be filed on a quarter annual basis, 23 with the return for January, February, and March of a given 24 year being due by April 20 of such year; with the return for 25 April, May and June of a given year being due by July 20 of 26 such year; with the return for July, August and September of 27 a given year being due by October 20 of such year, and with 28 the return for October, November and December of a given year 29 being due by January 20 of the following year. 30 If the retailer is otherwise required to file a monthly 31 or quarterly return and if the retailer's average monthly tax 32 liability to the Department does not exceed $50, the 33 Department may authorize his returns to be filed on an annual 34 basis, with the return for a given year being due by January HB0263 Enrolled -11- LRB9203561MWpk 1 20 of the following year. 2 Such quarter annual and annual returns, as to form and 3 substance, shall be subject to the same requirements as 4 monthly returns. 5 Notwithstanding any other provision in this Act 6 concerning the time within which a retailer may file his 7 return, in the case of any retailer who ceases to engage in a 8 kind of business which makes him responsible for filing 9 returns under this Act, such retailer shall file a final 10 return under this Act with the Department not more than one 11 month after discontinuing such business. 12 In addition, with respect to motor vehicles, watercraft, 13 aircraft, and trailers that are required to be registered 14 with an agency of this State, every retailer selling this 15 kind of tangible personal property shall file, with the 16 Department, upon a form to be prescribed and supplied by the 17 Department, a separate return for each such item of tangible 18 personal property which the retailer sells, except that if, 19 in the same transaction, (i) a retailer of aircraft, 20 watercraft, motor vehicles or trailers transfers more than 21 one aircraft, watercraft, motor vehicle or trailer to another 22 aircraft, watercraft, motor vehicle or trailer retailer for 23 the purpose of resale or (ii) a retailer of aircraft, 24 watercraft, motor vehicles, or trailers transfers more than 25 one aircraft, watercraft, motor vehicle, or trailer to a 26 purchaser for use as a qualifying rolling stock as provided 27 in Section 3-55 of this Act, then that seller may report the 28 transfer of all the aircraft, watercraft, motor vehicles or 29 trailers involved in that transaction to the Department on 30 the same uniform invoice-transaction reporting return form. 31 For purposes of this Section, "watercraft" means a Class 2, 32 Class 3, or Class 4 watercraft as defined in Section 3-2 of 33 the Boat Registration and Safety Act, a personal watercraft, 34 or any boat equipped with an inboard motor. HB0263 Enrolled -12- LRB9203561MWpk 1 The transaction reporting return in the case of motor 2 vehicles or trailers that are required to be registered with 3 an agency of this State, shall be the same document as the 4 Uniform Invoice referred to in Section 5-402 of the Illinois 5 Vehicle Code and must show the name and address of the 6 seller; the name and address of the purchaser; the amount of 7 the selling price including the amount allowed by the 8 retailer for traded-in property, if any; the amount allowed 9 by the retailer for the traded-in tangible personal property, 10 if any, to the extent to which Section 2 of this Act allows 11 an exemption for the value of traded-in property; the balance 12 payable after deducting such trade-in allowance from the 13 total selling price; the amount of tax due from the retailer 14 with respect to such transaction; the amount of tax collected 15 from the purchaser by the retailer on such transaction (or 16 satisfactory evidence that such tax is not due in that 17 particular instance, if that is claimed to be the fact); the 18 place and date of the sale; a sufficient identification of 19 the property sold; such other information as is required in 20 Section 5-402 of the Illinois Vehicle Code, and such other 21 information as the Department may reasonably require. 22 The transaction reporting return in the case of 23 watercraft and aircraft must show the name and address of the 24 seller; the name and address of the purchaser; the amount of 25 the selling price including the amount allowed by the 26 retailer for traded-in property, if any; the amount allowed 27 by the retailer for the traded-in tangible personal property, 28 if any, to the extent to which Section 2 of this Act allows 29 an exemption for the value of traded-in property; the balance 30 payable after deducting such trade-in allowance from the 31 total selling price; the amount of tax due from the retailer 32 with respect to such transaction; the amount of tax collected 33 from the purchaser by the retailer on such transaction (or 34 satisfactory evidence that such tax is not due in that HB0263 Enrolled -13- LRB9203561MWpk 1 particular instance, if that is claimed to be the fact); the 2 place and date of the sale, a sufficient identification of 3 the property sold, and such other information as the 4 Department may reasonably require. 5 Such transaction reporting return shall be filed not 6 later than 20 days after the date of delivery of the item 7 that is being sold, but may be filed by the retailer at any 8 time sooner than that if he chooses to do so. The 9 transaction reporting return and tax remittance or proof of 10 exemption from the tax that is imposed by this Act may be 11 transmitted to the Department by way of the State agency with 12 which, or State officer with whom, the tangible personal 13 property must be titled or registered (if titling or 14 registration is required) if the Department and such agency 15 or State officer determine that this procedure will expedite 16 the processing of applications for title or registration. 17 With each such transaction reporting return, the retailer 18 shall remit the proper amount of tax due (or shall submit 19 satisfactory evidence that the sale is not taxable if that is 20 the case), to the Department or its agents, whereupon the 21 Department shall issue, in the purchaser's name, a tax 22 receipt (or a certificate of exemption if the Department is 23 satisfied that the particular sale is tax exempt) which such 24 purchaser may submit to the agency with which, or State 25 officer with whom, he must title or register the tangible 26 personal property that is involved (if titling or 27 registration is required) in support of such purchaser's 28 application for an Illinois certificate or other evidence of 29 title or registration to such tangible personal property. 30 No retailer's failure or refusal to remit tax under this 31 Act precludes a user, who has paid the proper tax to the 32 retailer, from obtaining his certificate of title or other 33 evidence of title or registration (if titling or registration 34 is required) upon satisfying the Department that such user HB0263 Enrolled -14- LRB9203561MWpk 1 has paid the proper tax (if tax is due) to the retailer. The 2 Department shall adopt appropriate rules to carry out the 3 mandate of this paragraph. 4 If the user who would otherwise pay tax to the retailer 5 wants the transaction reporting return filed and the payment 6 of tax or proof of exemption made to the Department before 7 the retailer is willing to take these actions and such user 8 has not paid the tax to the retailer, such user may certify 9 to the fact of such delay by the retailer, and may (upon the 10 Department being satisfied of the truth of such 11 certification) transmit the information required by the 12 transaction reporting return and the remittance for tax or 13 proof of exemption directly to the Department and obtain his 14 tax receipt or exemption determination, in which event the 15 transaction reporting return and tax remittance (if a tax 16 payment was required) shall be credited by the Department to 17 the proper retailer's account with the Department, but 18 without the 2.1% or 1.75% discount provided for in this 19 Section being allowed. When the user pays the tax directly 20 to the Department, he shall pay the tax in the same amount 21 and in the same form in which it would be remitted if the tax 22 had been remitted to the Department by the retailer. 23 Where a retailer collects the tax with respect to the 24 selling price of tangible personal property which he sells 25 and the purchaser thereafter returns such tangible personal 26 property and the retailer refunds the selling price thereof 27 to the purchaser, such retailer shall also refund, to the 28 purchaser, the tax so collected from the purchaser. When 29 filing his return for the period in which he refunds such tax 30 to the purchaser, the retailer may deduct the amount of the 31 tax so refunded by him to the purchaser from any other use 32 tax which such retailer may be required to pay or remit to 33 the Department, as shown by such return, if the amount of the 34 tax to be deducted was previously remitted to the Department HB0263 Enrolled -15- LRB9203561MWpk 1 by such retailer. If the retailer has not previously 2 remitted the amount of such tax to the Department, he is 3 entitled to no deduction under this Act upon refunding such 4 tax to the purchaser. 5 Any retailer filing a return under this Section shall 6 also include (for the purpose of paying tax thereon) the 7 total tax covered by such return upon the selling price of 8 tangible personal property purchased by him at retail from a 9 retailer, but as to which the tax imposed by this Act was not 10 collected from the retailer filing such return, and such 11 retailer shall remit the amount of such tax to the Department 12 when filing such return. 13 If experience indicates such action to be practicable, 14 the Department may prescribe and furnish a combination or 15 joint return which will enable retailers, who are required to 16 file returns hereunder and also under the Retailers' 17 Occupation Tax Act, to furnish all the return information 18 required by both Acts on the one form. 19 Where the retailer has more than one business registered 20 with the Department under separate registration under this 21 Act, such retailer may not file each return that is due as a 22 single return covering all such registered businesses, but 23 shall file separate returns for each such registered 24 business. 25 Beginning January 1, 1990, each month the Department 26 shall pay into the State and Local Sales Tax Reform Fund, a 27 special fund in the State Treasury which is hereby created, 28 the net revenue realized for the preceding month from the 1% 29 tax on sales of food for human consumption which is to be 30 consumed off the premises where it is sold (other than 31 alcoholic beverages, soft drinks and food which has been 32 prepared for immediate consumption) and prescription and 33 nonprescription medicines, drugs, medical appliances and 34 insulin, urine testing materials, syringes and needles used HB0263 Enrolled -16- LRB9203561MWpk 1 by diabetics. 2 Beginning January 1, 1990, each month the Department 3 shall pay into the County and Mass Transit District Fund 4% 4 of the net revenue realized for the preceding month from the 5 6.25% general rate on the selling price of tangible personal 6 property which is purchased outside Illinois at retail from a 7 retailer and which is titled or registered by an agency of 8 this State's government. 9 Beginning January 1, 1990, each month the Department 10 shall pay into the State and Local Sales Tax Reform Fund, a 11 special fund in the State Treasury, 20% of the net revenue 12 realized for the preceding month from the 6.25% general rate 13 on the selling price of tangible personal property, other 14 than tangible personal property which is purchased outside 15 Illinois at retail from a retailer and which is titled or 16 registered by an agency of this State's government. 17 Beginning August 1, 2000, each month the Department shall 18 pay into the State and Local Sales Tax Reform Fund 100% of 19 the net revenue realized for the preceding month from the 20 1.25% rate on the selling price of motor fuel and gasohol. 21 Beginning January 1, 1990, each month the Department 22 shall pay into the Local Government Tax Fund 16% of the net 23 revenue realized for the preceding month from the 6.25% 24 general rate on the selling price of tangible personal 25 property which is purchased outside Illinois at retail from a 26 retailer and which is titled or registered by an agency of 27 this State's government. 28 Of the remainder of the moneys received by the Department 29 pursuant to this Act, (a) 1.75% thereof shall be paid into 30 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 31 and on and after July 1, 1989, 3.8% thereof shall be paid 32 into the Build Illinois Fund; provided, however, that if in 33 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 34 as the case may be, of the moneys received by the Department HB0263 Enrolled -17- LRB9203561MWpk 1 and required to be paid into the Build Illinois Fund pursuant 2 to Section 3 of the Retailers' Occupation Tax Act, Section 9 3 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 4 Section 9 of the Service Occupation Tax Act, such Acts being 5 hereinafter called the "Tax Acts" and such aggregate of 2.2% 6 or 3.8%, as the case may be, of moneys being hereinafter 7 called the "Tax Act Amount", and (2) the amount transferred 8 to the Build Illinois Fund from the State and Local Sales Tax 9 Reform Fund shall be less than the Annual Specified Amount 10 (as defined in Section 3 of the Retailers' Occupation Tax 11 Act), an amount equal to the difference shall be immediately 12 paid into the Build Illinois Fund from other moneys received 13 by the Department pursuant to the Tax Acts; and further 14 provided, that if on the last business day of any month the 15 sum of (1) the Tax Act Amount required to be deposited into 16 the Build Illinois Bond Account in the Build Illinois Fund 17 during such month and (2) the amount transferred during such 18 month to the Build Illinois Fund from the State and Local 19 Sales Tax Reform Fund shall have been less than 1/12 of the 20 Annual Specified Amount, an amount equal to the difference 21 shall be immediately paid into the Build Illinois Fund from 22 other moneys received by the Department pursuant to the Tax 23 Acts; and, further provided, that in no event shall the 24 payments required under the preceding proviso result in 25 aggregate payments into the Build Illinois Fund pursuant to 26 this clause (b) for any fiscal year in excess of the greater 27 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 28 for such fiscal year; and, further provided, that the amounts 29 payable into the Build Illinois Fund under this clause (b) 30 shall be payable only until such time as the aggregate amount 31 on deposit under each trust indenture securing Bonds issued 32 and outstanding pursuant to the Build Illinois Bond Act is 33 sufficient, taking into account any future investment income, 34 to fully provide, in accordance with such indenture, for the HB0263 Enrolled -18- LRB9203561MWpk 1 defeasance of or the payment of the principal of, premium, if 2 any, and interest on the Bonds secured by such indenture and 3 on any Bonds expected to be issued thereafter and all fees 4 and costs payable with respect thereto, all as certified by 5 the Director of the Bureau of the Budget. If on the last 6 business day of any month in which Bonds are outstanding 7 pursuant to the Build Illinois Bond Act, the aggregate of the 8 moneys deposited in the Build Illinois Bond Account in the 9 Build Illinois Fund in such month shall be less than the 10 amount required to be transferred in such month from the 11 Build Illinois Bond Account to the Build Illinois Bond 12 Retirement and Interest Fund pursuant to Section 13 of the 13 Build Illinois Bond Act, an amount equal to such deficiency 14 shall be immediately paid from other moneys received by the 15 Department pursuant to the Tax Acts to the Build Illinois 16 Fund; provided, however, that any amounts paid to the Build 17 Illinois Fund in any fiscal year pursuant to this sentence 18 shall be deemed to constitute payments pursuant to clause (b) 19 of the preceding sentence and shall reduce the amount 20 otherwise payable for such fiscal year pursuant to clause (b) 21 of the preceding sentence. The moneys received by the 22 Department pursuant to this Act and required to be deposited 23 into the Build Illinois Fund are subject to the pledge, claim 24 and charge set forth in Section 12 of the Build Illinois Bond 25 Act. 26 Subject to payment of amounts into the Build Illinois 27 Fund as provided in the preceding paragraph or in any 28 amendment thereto hereafter enacted, the following specified 29 monthly installment of the amount requested in the 30 certificate of the Chairman of the Metropolitan Pier and 31 Exposition Authority provided under Section 8.25f of the 32 State Finance Act, but not in excess of the sums designated 33 as "Total Deposit", shall be deposited in the aggregate from 34 collections under Section 9 of the Use Tax Act, Section 9 of HB0263 Enrolled -19- LRB9203561MWpk 1 the Service Use Tax Act, Section 9 of the Service Occupation 2 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 3 into the McCormick Place Expansion Project Fund in the 4 specified fiscal years. 5 Fiscal Year Total Deposit 6 1993 $0 7 1994 53,000,000 8 1995 58,000,000 9 1996 61,000,000 10 1997 64,000,000 11 1998 68,000,000 12 1999 71,000,000 13 2000 75,000,000 14 2001 80,000,000 15 2002 93,000,00084,000,00016 2003 99,000,00089,000,00017 2004 103,000,00093,000,00018 2005 108,000,00097,000,00019 2006 113,000,000102,000,00020 2007 119,000,000108,000,00021 2008 126,000,000115,000,00022 2009 132,000,000120,000,00023 2010 139,000,000126,000,00024 2011 146,000,000132,000,00025 2012 153,000,000138,000,00026 2013 161,000,000 27 2014 170,000,000 28 2015 179,000,000 29 2016 189,000,000 30 2017 199,000,000 31 2018 210,000,000 32 2019 221,000,000 33 2020 233,000,000 34 2021 246,000,000 HB0263 Enrolled -20- LRB9203561MWpk 1 2022 260,000,000 2 2023 and 275,000,000 3145,000,0004 each fiscal year 5 thereafter that bonds 6 are outstanding under 7 Section 13.2 of the 8 Metropolitan Pier and 9 Exposition Authority 10 Act, but not after fiscal year 20422029. 11 Beginning July 20, 1993 and in each month of each fiscal 12 year thereafter, one-eighth of the amount requested in the 13 certificate of the Chairman of the Metropolitan Pier and 14 Exposition Authority for that fiscal year, less the amount 15 deposited into the McCormick Place Expansion Project Fund by 16 the State Treasurer in the respective month under subsection 17 (g) of Section 13 of the Metropolitan Pier and Exposition 18 Authority Act, plus cumulative deficiencies in the deposits 19 required under this Section for previous months and years, 20 shall be deposited into the McCormick Place Expansion Project 21 Fund, until the full amount requested for the fiscal year, 22 but not in excess of the amount specified above as "Total 23 Deposit", has been deposited. 24 Subject to payment of amounts into the Build Illinois 25 Fund and the McCormick Place Expansion Project Fund pursuant 26 to the preceding paragraphs or in any amendment thereto 27 hereafter enacted, each month the Department shall pay into 28 the Local Government Distributive Fund .4% of the net revenue 29 realized for the preceding month from the 5% general rate, or 30 .4% of 80% of the net revenue realized for the preceding 31 month from the 6.25% general rate, as the case may be, on the 32 selling price of tangible personal property which amount 33 shall, subject to appropriation, be distributed as provided 34 in Section 2 of the State Revenue Sharing Act. No payments or HB0263 Enrolled -21- LRB9203561MWpk 1 distributions pursuant to this paragraph shall be made if the 2 tax imposed by this Act on photoprocessing products is 3 declared unconstitutional, or if the proceeds from such tax 4 are unavailable for distribution because of litigation. 5 Subject to payment of amounts into the Build Illinois 6 Fund, the McCormick Place Expansion Project Fund, and the 7 Local Government Distributive Fund pursuant to the preceding 8 paragraphs or in any amendments thereto hereafter enacted, 9 beginning July 1, 1993, the Department shall each month pay 10 into the Illinois Tax Increment Fund 0.27% of 80% of the net 11 revenue realized for the preceding month from the 6.25% 12 general rate on the selling price of tangible personal 13 property. 14 Of the remainder of the moneys received by the Department 15 pursuant to this Act, 75% thereof shall be paid into the 16 State Treasury and 25% shall be reserved in a special account 17 and used only for the transfer to the Common School Fund as 18 part of the monthly transfer from the General Revenue Fund in 19 accordance with Section 8a of the State Finance Act. 20 As soon as possible after the first day of each month, 21 upon certification of the Department of Revenue, the 22 Comptroller shall order transferred and the Treasurer shall 23 transfer from the General Revenue Fund to the Motor Fuel Tax 24 Fund an amount equal to 1.7% of 80% of the net revenue 25 realized under this Act for the second preceding month. 26 Beginning April 1, 2000, this transfer is no longer required 27 and shall not be made. 28 Net revenue realized for a month shall be the revenue 29 collected by the State pursuant to this Act, less the amount 30 paid out during that month as refunds to taxpayers for 31 overpayment of liability. 32 For greater simplicity of administration, manufacturers, 33 importers and wholesalers whose products are sold at retail 34 in Illinois by numerous retailers, and who wish to do so, may HB0263 Enrolled -22- LRB9203561MWpk 1 assume the responsibility for accounting and paying to the 2 Department all tax accruing under this Act with respect to 3 such sales, if the retailers who are affected do not make 4 written objection to the Department to this arrangement. 5 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 6 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, 8 eff. 1-1-01; revised 8-30-00.) 9 Section 20. The Service Use Tax Act is amended by 10 changing Section 9 as follows: 11 (35 ILCS 110/9) (from Ch. 120, par. 439.39) 12 Sec. 9. Each serviceman required or authorized to 13 collect the tax herein imposed shall pay to the Department 14 the amount of such tax (except as otherwise provided) at the 15 time when he is required to file his return for the period 16 during which such tax was collected, less a discount of 2.1% 17 prior to January 1, 1990 and 1.75% on and after January 1, 18 1990, or $5 per calendar year, whichever is greater, which is 19 allowed to reimburse the serviceman for expenses incurred in 20 collecting the tax, keeping records, preparing and filing 21 returns, remitting the tax and supplying data to the 22 Department on request. A serviceman need not remit that part 23 of any tax collected by him to the extent that he is required 24 to pay and does pay the tax imposed by the Service Occupation 25 Tax Act with respect to his sale of service involving the 26 incidental transfer by him of the same property. 27 Except as provided hereinafter in this Section, on or 28 before the twentieth day of each calendar month, such 29 serviceman shall file a return for the preceding calendar 30 month in accordance with reasonable Rules and Regulations to 31 be promulgated by the Department. Such return shall be filed 32 on a form prescribed by the Department and shall contain such HB0263 Enrolled -23- LRB9203561MWpk 1 information as the Department may reasonably require. 2 The Department may require returns to be filed on a 3 quarterly basis. If so required, a return for each calendar 4 quarter shall be filed on or before the twentieth day of the 5 calendar month following the end of such calendar quarter. 6 The taxpayer shall also file a return with the Department for 7 each of the first two months of each calendar quarter, on or 8 before the twentieth day of the following calendar month, 9 stating: 10 1. The name of the seller; 11 2. The address of the principal place of business 12 from which he engages in business as a serviceman in this 13 State; 14 3. The total amount of taxable receipts received by 15 him during the preceding calendar month, including 16 receipts from charge and time sales, but less all 17 deductions allowed by law; 18 4. The amount of credit provided in Section 2d of 19 this Act; 20 5. The amount of tax due; 21 5-5. The signature of the taxpayer; and 22 6. Such other reasonable information as the 23 Department may require. 24 If a taxpayer fails to sign a return within 30 days after 25 the proper notice and demand for signature by the Department, 26 the return shall be considered valid and any amount shown to 27 be due on the return shall be deemed assessed. 28 Beginning October 1, 1993, a taxpayer who has an average 29 monthly tax liability of $150,000 or more shall make all 30 payments required by rules of the Department by electronic 31 funds transfer. Beginning October 1, 1994, a taxpayer who 32 has an average monthly tax liability of $100,000 or more 33 shall make all payments required by rules of the Department 34 by electronic funds transfer. Beginning October 1, 1995, a HB0263 Enrolled -24- LRB9203561MWpk 1 taxpayer who has an average monthly tax liability of $50,000 2 or more shall make all payments required by rules of the 3 Department by electronic funds transfer. Beginning October 1, 4 2000, a taxpayer who has an annual tax liability of $200,000 5 or more shall make all payments required by rules of the 6 Department by electronic funds transfer. The term "annual 7 tax liability" shall be the sum of the taxpayer's liabilities 8 under this Act, and under all other State and local 9 occupation and use tax laws administered by the Department, 10 for the immediately preceding calendar year. The term 11 "average monthly tax liability" means the sum of the 12 taxpayer's liabilities under this Act, and under all other 13 State and local occupation and use tax laws administered by 14 the Department, for the immediately preceding calendar year 15 divided by 12. 16 Before August 1 of each year beginning in 1993, the 17 Department shall notify all taxpayers required to make 18 payments by electronic funds transfer. All taxpayers required 19 to make payments by electronic funds transfer shall make 20 those payments for a minimum of one year beginning on October 21 1. 22 Any taxpayer not required to make payments by electronic 23 funds transfer may make payments by electronic funds transfer 24 with the permission of the Department. 25 All taxpayers required to make payment by electronic 26 funds transfer and any taxpayers authorized to voluntarily 27 make payments by electronic funds transfer shall make those 28 payments in the manner authorized by the Department. 29 The Department shall adopt such rules as are necessary to 30 effectuate a program of electronic funds transfer and the 31 requirements of this Section. 32 If the serviceman is otherwise required to file a monthly 33 return and if the serviceman's average monthly tax liability 34 to the Department does not exceed $200, the Department may HB0263 Enrolled -25- LRB9203561MWpk 1 authorize his returns to be filed on a quarter annual basis, 2 with the return for January, February and March of a given 3 year being due by April 20 of such year; with the return for 4 April, May and June of a given year being due by July 20 of 5 such year; with the return for July, August and September of 6 a given year being due by October 20 of such year, and with 7 the return for October, November and December of a given year 8 being due by January 20 of the following year. 9 If the serviceman is otherwise required to file a monthly 10 or quarterly return and if the serviceman's average monthly 11 tax liability to the Department does not exceed $50, the 12 Department may authorize his returns to be filed on an annual 13 basis, with the return for a given year being due by January 14 20 of the following year. 15 Such quarter annual and annual returns, as to form and 16 substance, shall be subject to the same requirements as 17 monthly returns. 18 Notwithstanding any other provision in this Act 19 concerning the time within which a serviceman may file his 20 return, in the case of any serviceman who ceases to engage in 21 a kind of business which makes him responsible for filing 22 returns under this Act, such serviceman shall file a final 23 return under this Act with the Department not more than 1 24 month after discontinuing such business. 25 Where a serviceman collects the tax with respect to the 26 selling price of property which he sells and the purchaser 27 thereafter returns such property and the serviceman refunds 28 the selling price thereof to the purchaser, such serviceman 29 shall also refund, to the purchaser, the tax so collected 30 from the purchaser. When filing his return for the period in 31 which he refunds such tax to the purchaser, the serviceman 32 may deduct the amount of the tax so refunded by him to the 33 purchaser from any other Service Use Tax, Service Occupation 34 Tax, retailers' occupation tax or use tax which such HB0263 Enrolled -26- LRB9203561MWpk 1 serviceman may be required to pay or remit to the Department, 2 as shown by such return, provided that the amount of the tax 3 to be deducted shall previously have been remitted to the 4 Department by such serviceman. If the serviceman shall not 5 previously have remitted the amount of such tax to the 6 Department, he shall be entitled to no deduction hereunder 7 upon refunding such tax to the purchaser. 8 Any serviceman filing a return hereunder shall also 9 include the total tax upon the selling price of tangible 10 personal property purchased for use by him as an incident to 11 a sale of service, and such serviceman shall remit the amount 12 of such tax to the Department when filing such return. 13 If experience indicates such action to be practicable, 14 the Department may prescribe and furnish a combination or 15 joint return which will enable servicemen, who are required 16 to file returns hereunder and also under the Service 17 Occupation Tax Act, to furnish all the return information 18 required by both Acts on the one form. 19 Where the serviceman has more than one business 20 registered with the Department under separate registration 21 hereunder, such serviceman shall not file each return that is 22 due as a single return covering all such registered 23 businesses, but shall file separate returns for each such 24 registered business. 25 Beginning January 1, 1990, each month the Department 26 shall pay into the State and Local Tax Reform Fund, a special 27 fund in the State Treasury, the net revenue realized for the 28 preceding month from the 1% tax on sales of food for human 29 consumption which is to be consumed off the premises where it 30 is sold (other than alcoholic beverages, soft drinks and food 31 which has been prepared for immediate consumption) and 32 prescription and nonprescription medicines, drugs, medical 33 appliances and insulin, urine testing materials, syringes and 34 needles used by diabetics. HB0263 Enrolled -27- LRB9203561MWpk 1 Beginning January 1, 1990, each month the Department 2 shall pay into the State and Local Sales Tax Reform Fund 20% 3 of the net revenue realized for the preceding month from the 4 6.25% general rate on transfers of tangible personal 5 property, other than tangible personal property which is 6 purchased outside Illinois at retail from a retailer and 7 which is titled or registered by an agency of this State's 8 government. 9 Beginning August 1, 2000, each month the Department shall 10 pay into the State and Local Sales Tax Reform Fund 100% of 11 the net revenue realized for the preceding month from the 12 1.25% rate on the selling price of motor fuel and gasohol. 13 Of the remainder of the moneys received by the Department 14 pursuant to this Act, (a) 1.75% thereof shall be paid into 15 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 16 and on and after July 1, 1989, 3.8% thereof shall be paid 17 into the Build Illinois Fund; provided, however, that if in 18 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 19 as the case may be, of the moneys received by the Department 20 and required to be paid into the Build Illinois Fund pursuant 21 to Section 3 of the Retailers' Occupation Tax Act, Section 9 22 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 23 Section 9 of the Service Occupation Tax Act, such Acts being 24 hereinafter called the "Tax Acts" and such aggregate of 2.2% 25 or 3.8%, as the case may be, of moneys being hereinafter 26 called the "Tax Act Amount", and (2) the amount transferred 27 to the Build Illinois Fund from the State and Local Sales Tax 28 Reform Fund shall be less than the Annual Specified Amount 29 (as defined in Section 3 of the Retailers' Occupation Tax 30 Act), an amount equal to the difference shall be immediately 31 paid into the Build Illinois Fund from other moneys received 32 by the Department pursuant to the Tax Acts; and further 33 provided, that if on the last business day of any month the 34 sum of (1) the Tax Act Amount required to be deposited into HB0263 Enrolled -28- LRB9203561MWpk 1 the Build Illinois Bond Account in the Build Illinois Fund 2 during such month and (2) the amount transferred during such 3 month to the Build Illinois Fund from the State and Local 4 Sales Tax Reform Fund shall have been less than 1/12 of the 5 Annual Specified Amount, an amount equal to the difference 6 shall be immediately paid into the Build Illinois Fund from 7 other moneys received by the Department pursuant to the Tax 8 Acts; and, further provided, that in no event shall the 9 payments required under the preceding proviso result in 10 aggregate payments into the Build Illinois Fund pursuant to 11 this clause (b) for any fiscal year in excess of the greater 12 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 13 for such fiscal year; and, further provided, that the amounts 14 payable into the Build Illinois Fund under this clause (b) 15 shall be payable only until such time as the aggregate amount 16 on deposit under each trust indenture securing Bonds issued 17 and outstanding pursuant to the Build Illinois Bond Act is 18 sufficient, taking into account any future investment income, 19 to fully provide, in accordance with such indenture, for the 20 defeasance of or the payment of the principal of, premium, if 21 any, and interest on the Bonds secured by such indenture and 22 on any Bonds expected to be issued thereafter and all fees 23 and costs payable with respect thereto, all as certified by 24 the Director of the Bureau of the Budget. If on the last 25 business day of any month in which Bonds are outstanding 26 pursuant to the Build Illinois Bond Act, the aggregate of the 27 moneys deposited in the Build Illinois Bond Account in the 28 Build Illinois Fund in such month shall be less than the 29 amount required to be transferred in such month from the 30 Build Illinois Bond Account to the Build Illinois Bond 31 Retirement and Interest Fund pursuant to Section 13 of the 32 Build Illinois Bond Act, an amount equal to such deficiency 33 shall be immediately paid from other moneys received by the 34 Department pursuant to the Tax Acts to the Build Illinois HB0263 Enrolled -29- LRB9203561MWpk 1 Fund; provided, however, that any amounts paid to the Build 2 Illinois Fund in any fiscal year pursuant to this sentence 3 shall be deemed to constitute payments pursuant to clause (b) 4 of the preceding sentence and shall reduce the amount 5 otherwise payable for such fiscal year pursuant to clause (b) 6 of the preceding sentence. The moneys received by the 7 Department pursuant to this Act and required to be deposited 8 into the Build Illinois Fund are subject to the pledge, claim 9 and charge set forth in Section 12 of the Build Illinois Bond 10 Act. 11 Subject to payment of amounts into the Build Illinois 12 Fund as provided in the preceding paragraph or in any 13 amendment thereto hereafter enacted, the following specified 14 monthly installment of the amount requested in the 15 certificate of the Chairman of the Metropolitan Pier and 16 Exposition Authority provided under Section 8.25f of the 17 State Finance Act, but not in excess of the sums designated 18 as "Total Deposit", shall be deposited in the aggregate from 19 collections under Section 9 of the Use Tax Act, Section 9 of 20 the Service Use Tax Act, Section 9 of the Service Occupation 21 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 22 into the McCormick Place Expansion Project Fund in the 23 specified fiscal years. 24 Fiscal Year Total Deposit 25 1993 $0 26 1994 53,000,000 27 1995 58,000,000 28 1996 61,000,000 29 1997 64,000,000 30 1998 68,000,000 31 1999 71,000,000 32 2000 75,000,000 33 2001 80,000,000 34 2002 93,000,00084,000,000HB0263 Enrolled -30- LRB9203561MWpk 1 2003 99,000,00089,000,0002 2004 103,000,00093,000,0003 2005 108,000,00097,000,0004 2006 113,000,000102,000,0005 2007 119,000,000108,000,0006 2008 126,000,000115,000,0007 2009 132,000,000120,000,0008 2010 139,000,000126,000,0009 2011 146,000,000132,000,00010 2012 153,000,000138,000,00011 2013 161,000,000 12 2014 170,000,000 13 2015 179,000,000 14 2016 189,000,000 15 2017 199,000,000 16 2018 210,000,000 17 2019 221,000,000 18 2020 233,000,000 19 2021 246,000,000 20 2022 260,000,000 21 2023 and 275,000,000 22145,000,00023 each fiscal year 24 thereafter that bonds 25 are outstanding under 26 Section 13.2 of the 27 Metropolitan Pier and 28 Exposition Authority Act, 29 but not after fiscal year 20422029. 30 Beginning July 20, 1993 and in each month of each fiscal 31 year thereafter, one-eighth of the amount requested in the 32 certificate of the Chairman of the Metropolitan Pier and 33 Exposition Authority for that fiscal year, less the amount 34 deposited into the McCormick Place Expansion Project Fund by HB0263 Enrolled -31- LRB9203561MWpk 1 the State Treasurer in the respective month under subsection 2 (g) of Section 13 of the Metropolitan Pier and Exposition 3 Authority Act, plus cumulative deficiencies in the deposits 4 required under this Section for previous months and years, 5 shall be deposited into the McCormick Place Expansion Project 6 Fund, until the full amount requested for the fiscal year, 7 but not in excess of the amount specified above as "Total 8 Deposit", has been deposited. 9 Subject to payment of amounts into the Build Illinois 10 Fund and the McCormick Place Expansion Project Fund pursuant 11 to the preceding paragraphs or in any amendment thereto 12 hereafter enacted, each month the Department shall pay into 13 the Local Government Distributive Fund 0.4% of the net 14 revenue realized for the preceding month from the 5% general 15 rate or 0.4% of 80% of the net revenue realized for the 16 preceding month from the 6.25% general rate, as the case may 17 be, on the selling price of tangible personal property which 18 amount shall, subject to appropriation, be distributed as 19 provided in Section 2 of the State Revenue Sharing Act. No 20 payments or distributions pursuant to this paragraph shall be 21 made if the tax imposed by this Act on photo processing 22 products is declared unconstitutional, or if the proceeds 23 from such tax are unavailable for distribution because of 24 litigation. 25 Subject to payment of amounts into the Build Illinois 26 Fund, the McCormick Place Expansion Project Fund, and the 27 Local Government Distributive Fund pursuant to the preceding 28 paragraphs or in any amendments thereto hereafter enacted, 29 beginning July 1, 1993, the Department shall each month pay 30 into the Illinois Tax Increment Fund 0.27% of 80% of the net 31 revenue realized for the preceding month from the 6.25% 32 general rate on the selling price of tangible personal 33 property. 34 All remaining moneys received by the Department pursuant HB0263 Enrolled -32- LRB9203561MWpk 1 to this Act shall be paid into the General Revenue Fund of 2 the State Treasury. 3 As soon as possible after the first day of each month, 4 upon certification of the Department of Revenue, the 5 Comptroller shall order transferred and the Treasurer shall 6 transfer from the General Revenue Fund to the Motor Fuel Tax 7 Fund an amount equal to 1.7% of 80% of the net revenue 8 realized under this Act for the second preceding month. 9 Beginning April 1, 2000, this transfer is no longer required 10 and shall not be made. 11 Net revenue realized for a month shall be the revenue 12 collected by the State pursuant to this Act, less the amount 13 paid out during that month as refunds to taxpayers for 14 overpayment of liability. 15 (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, 16 eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 17 91-872, eff. 7-1-00.) 18 Section 25. The Service Occupation Tax Act is amended by 19 changing Section 9 as follows: 20 (35 ILCS 115/9) (from Ch. 120, par. 439.109) 21 Sec. 9. Each serviceman required or authorized to 22 collect the tax herein imposed shall pay to the Department 23 the amount of such tax at the time when he is required to 24 file his return for the period during which such tax was 25 collectible, less a discount of 2.1% prior to January 1, 26 1990, and 1.75% on and after January 1, 1990, or $5 per 27 calendar year, whichever is greater, which is allowed to 28 reimburse the serviceman for expenses incurred in collecting 29 the tax, keeping records, preparing and filing returns, 30 remitting the tax and supplying data to the Department on 31 request. 32 Where such tangible personal property is sold under a HB0263 Enrolled -33- LRB9203561MWpk 1 conditional sales contract, or under any other form of sale 2 wherein the payment of the principal sum, or a part thereof, 3 is extended beyond the close of the period for which the 4 return is filed, the serviceman, in collecting the tax may 5 collect, for each tax return period, only the tax applicable 6 to the part of the selling price actually received during 7 such tax return period. 8 Except as provided hereinafter in this Section, on or 9 before the twentieth day of each calendar month, such 10 serviceman shall file a return for the preceding calendar 11 month in accordance with reasonable rules and regulations to 12 be promulgated by the Department of Revenue. Such return 13 shall be filed on a form prescribed by the Department and 14 shall contain such information as the Department may 15 reasonably require. 16 The Department may require returns to be filed on a 17 quarterly basis. If so required, a return for each calendar 18 quarter shall be filed on or before the twentieth day of the 19 calendar month following the end of such calendar quarter. 20 The taxpayer shall also file a return with the Department for 21 each of the first two months of each calendar quarter, on or 22 before the twentieth day of the following calendar month, 23 stating: 24 1. The name of the seller; 25 2. The address of the principal place of business 26 from which he engages in business as a serviceman in this 27 State; 28 3. The total amount of taxable receipts received by 29 him during the preceding calendar month, including 30 receipts from charge and time sales, but less all 31 deductions allowed by law; 32 4. The amount of credit provided in Section 2d of 33 this Act; 34 5. The amount of tax due; HB0263 Enrolled -34- LRB9203561MWpk 1 5-5. The signature of the taxpayer; and 2 6. Such other reasonable information as the 3 Department may require. 4 If a taxpayer fails to sign a return within 30 days after 5 the proper notice and demand for signature by the Department, 6 the return shall be considered valid and any amount shown to 7 be due on the return shall be deemed assessed. 8 A serviceman may accept a Manufacturer's Purchase Credit 9 certification from a purchaser in satisfaction of Service Use 10 Tax as provided in Section 3-70 of the Service Use Tax Act if 11 the purchaser provides the appropriate documentation as 12 required by Section 3-70 of the Service Use Tax Act. A 13 Manufacturer's Purchase Credit certification, accepted by a 14 serviceman as provided in Section 3-70 of the Service Use Tax 15 Act, may be used by that serviceman to satisfy Service 16 Occupation Tax liability in the amount claimed in the 17 certification, not to exceed 6.25% of the receipts subject to 18 tax from a qualifying purchase. 19 If the serviceman's average monthly tax liability to the 20 Department does not exceed $200, the Department may authorize 21 his returns to be filed on a quarter annual basis, with the 22 return for January, February and March of a given year being 23 due by April 20 of such year; with the return for April, May 24 and June of a given year being due by July 20 of such year; 25 with the return for July, August and September of a given 26 year being due by October 20 of such year, and with the 27 return for October, November and December of a given year 28 being due by January 20 of the following year. 29 If the serviceman's average monthly tax liability to the 30 Department does not exceed $50, the Department may authorize 31 his returns to be filed on an annual basis, with the return 32 for a given year being due by January 20 of the following 33 year. 34 Such quarter annual and annual returns, as to form and HB0263 Enrolled -35- LRB9203561MWpk 1 substance, shall be subject to the same requirements as 2 monthly returns. 3 Notwithstanding any other provision in this Act 4 concerning the time within which a serviceman may file his 5 return, in the case of any serviceman who ceases to engage in 6 a kind of business which makes him responsible for filing 7 returns under this Act, such serviceman shall file a final 8 return under this Act with the Department not more than 1 9 month after discontinuing such business. 10 Beginning October 1, 1993, a taxpayer who has an average 11 monthly tax liability of $150,000 or more shall make all 12 payments required by rules of the Department by electronic 13 funds transfer. Beginning October 1, 1994, a taxpayer who 14 has an average monthly tax liability of $100,000 or more 15 shall make all payments required by rules of the Department 16 by electronic funds transfer. Beginning October 1, 1995, a 17 taxpayer who has an average monthly tax liability of $50,000 18 or more shall make all payments required by rules of the 19 Department by electronic funds transfer. Beginning October 20 1, 2000, a taxpayer who has an annual tax liability of 21 $200,000 or more shall make all payments required by rules of 22 the Department by electronic funds transfer. The term 23 "annual tax liability" shall be the sum of the taxpayer's 24 liabilities under this Act, and under all other State and 25 local occupation and use tax laws administered by the 26 Department, for the immediately preceding calendar year. The 27 term "average monthly tax liability" means the sum of the 28 taxpayer's liabilities under this Act, and under all other 29 State and local occupation and use tax laws administered by 30 the Department, for the immediately preceding calendar year 31 divided by 12. 32 Before August 1 of each year beginning in 1993, the 33 Department shall notify all taxpayers required to make 34 payments by electronic funds transfer. All taxpayers HB0263 Enrolled -36- LRB9203561MWpk 1 required to make payments by electronic funds transfer shall 2 make those payments for a minimum of one year beginning on 3 October 1. 4 Any taxpayer not required to make payments by electronic 5 funds transfer may make payments by electronic funds transfer 6 with the permission of the Department. 7 All taxpayers required to make payment by electronic 8 funds transfer and any taxpayers authorized to voluntarily 9 make payments by electronic funds transfer shall make those 10 payments in the manner authorized by the Department. 11 The Department shall adopt such rules as are necessary to 12 effectuate a program of electronic funds transfer and the 13 requirements of this Section. 14 Where a serviceman collects the tax with respect to the 15 selling price of tangible personal property which he sells 16 and the purchaser thereafter returns such tangible personal 17 property and the serviceman refunds the selling price thereof 18 to the purchaser, such serviceman shall also refund, to the 19 purchaser, the tax so collected from the purchaser. When 20 filing his return for the period in which he refunds such tax 21 to the purchaser, the serviceman may deduct the amount of the 22 tax so refunded by him to the purchaser from any other 23 Service Occupation Tax, Service Use Tax, Retailers' 24 Occupation Tax or Use Tax which such serviceman may be 25 required to pay or remit to the Department, as shown by such 26 return, provided that the amount of the tax to be deducted 27 shall previously have been remitted to the Department by such 28 serviceman. If the serviceman shall not previously have 29 remitted the amount of such tax to the Department, he shall 30 be entitled to no deduction hereunder upon refunding such tax 31 to the purchaser. 32 If experience indicates such action to be practicable, 33 the Department may prescribe and furnish a combination or 34 joint return which will enable servicemen, who are required HB0263 Enrolled -37- LRB9203561MWpk 1 to file returns hereunder and also under the Retailers' 2 Occupation Tax Act, the Use Tax Act or the Service Use Tax 3 Act, to furnish all the return information required by all 4 said Acts on the one form. 5 Where the serviceman has more than one business 6 registered with the Department under separate registrations 7 hereunder, such serviceman shall file separate returns for 8 each registered business. 9 Beginning January 1, 1990, each month the Department 10 shall pay into the Local Government Tax Fund the revenue 11 realized for the preceding month from the 1% tax on sales of 12 food for human consumption which is to be consumed off the 13 premises where it is sold (other than alcoholic beverages, 14 soft drinks and food which has been prepared for immediate 15 consumption) and prescription and nonprescription medicines, 16 drugs, medical appliances and insulin, urine testing 17 materials, syringes and needles used by diabetics. 18 Beginning January 1, 1990, each month the Department 19 shall pay into the County and Mass Transit District Fund 4% 20 of the revenue realized for the preceding month from the 21 6.25% general rate. 22 Beginning August 1, 2000, each month the Department shall 23 pay into the County and Mass Transit District Fund 20% of the 24 net revenue realized for the preceding month from the 1.25% 25 rate on the selling price of motor fuel and gasohol. 26 Beginning January 1, 1990, each month the Department 27 shall pay into the Local Government Tax Fund 16% of the 28 revenue realized for the preceding month from the 6.25% 29 general rate on transfers of tangible personal property. 30 Beginning August 1, 2000, each month the Department shall 31 pay into the Local Government Tax Fund 80% of the net revenue 32 realized for the preceding month from the 1.25% rate on the 33 selling price of motor fuel and gasohol. 34 Of the remainder of the moneys received by the Department HB0263 Enrolled -38- LRB9203561MWpk 1 pursuant to this Act, (a) 1.75% thereof shall be paid into 2 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 3 and on and after July 1, 1989, 3.8% thereof shall be paid 4 into the Build Illinois Fund; provided, however, that if in 5 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 6 as the case may be, of the moneys received by the Department 7 and required to be paid into the Build Illinois Fund pursuant 8 to Section 3 of the Retailers' Occupation Tax Act, Section 9 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 10 Section 9 of the Service Occupation Tax Act, such Acts being 11 hereinafter called the "Tax Acts" and such aggregate of 2.2% 12 or 3.8%, as the case may be, of moneys being hereinafter 13 called the "Tax Act Amount", and (2) the amount transferred 14 to the Build Illinois Fund from the State and Local Sales Tax 15 Reform Fund shall be less than the Annual Specified Amount 16 (as defined in Section 3 of the Retailers' Occupation Tax 17 Act), an amount equal to the difference shall be immediately 18 paid into the Build Illinois Fund from other moneys received 19 by the Department pursuant to the Tax Acts; and further 20 provided, that if on the last business day of any month the 21 sum of (1) the Tax Act Amount required to be deposited into 22 the Build Illinois Account in the Build Illinois Fund during 23 such month and (2) the amount transferred during such month 24 to the Build Illinois Fund from the State and Local Sales Tax 25 Reform Fund shall have been less than 1/12 of the Annual 26 Specified Amount, an amount equal to the difference shall be 27 immediately paid into the Build Illinois Fund from other 28 moneys received by the Department pursuant to the Tax Acts; 29 and, further provided, that in no event shall the payments 30 required under the preceding proviso result in aggregate 31 payments into the Build Illinois Fund pursuant to this clause 32 (b) for any fiscal year in excess of the greater of (i) the 33 Tax Act Amount or (ii) the Annual Specified Amount for such 34 fiscal year; and, further provided, that the amounts payable HB0263 Enrolled -39- LRB9203561MWpk 1 into the Build Illinois Fund under this clause (b) shall be 2 payable only until such time as the aggregate amount on 3 deposit under each trust indenture securing Bonds issued and 4 outstanding pursuant to the Build Illinois Bond Act is 5 sufficient, taking into account any future investment income, 6 to fully provide, in accordance with such indenture, for the 7 defeasance of or the payment of the principal of, premium, if 8 any, and interest on the Bonds secured by such indenture and 9 on any Bonds expected to be issued thereafter and all fees 10 and costs payable with respect thereto, all as certified by 11 the Director of the Bureau of the Budget. If on the last 12 business day of any month in which Bonds are outstanding 13 pursuant to the Build Illinois Bond Act, the aggregate of the 14 moneys deposited in the Build Illinois Bond Account in the 15 Build Illinois Fund in such month shall be less than the 16 amount required to be transferred in such month from the 17 Build Illinois Bond Account to the Build Illinois Bond 18 Retirement and Interest Fund pursuant to Section 13 of the 19 Build Illinois Bond Act, an amount equal to such deficiency 20 shall be immediately paid from other moneys received by the 21 Department pursuant to the Tax Acts to the Build Illinois 22 Fund; provided, however, that any amounts paid to the Build 23 Illinois Fund in any fiscal year pursuant to this sentence 24 shall be deemed to constitute payments pursuant to clause (b) 25 of the preceding sentence and shall reduce the amount 26 otherwise payable for such fiscal year pursuant to clause (b) 27 of the preceding sentence. The moneys received by the 28 Department pursuant to this Act and required to be deposited 29 into the Build Illinois Fund are subject to the pledge, claim 30 and charge set forth in Section 12 of the Build Illinois Bond 31 Act. 32 Subject to payment of amounts into the Build Illinois 33 Fund as provided in the preceding paragraph or in any 34 amendment thereto hereafter enacted, the following specified HB0263 Enrolled -40- LRB9203561MWpk 1 monthly installment of the amount requested in the 2 certificate of the Chairman of the Metropolitan Pier and 3 Exposition Authority provided under Section 8.25f of the 4 State Finance Act, but not in excess of the sums designated 5 as "Total Deposit", shall be deposited in the aggregate from 6 collections under Section 9 of the Use Tax Act, Section 9 of 7 the Service Use Tax Act, Section 9 of the Service Occupation 8 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 9 into the McCormick Place Expansion Project Fund in the 10 specified fiscal years. 11 Fiscal Year Total Deposit 12 1993 $0 13 1994 53,000,000 14 1995 58,000,000 15 1996 61,000,000 16 1997 64,000,000 17 1998 68,000,000 18 1999 71,000,000 19 2000 75,000,000 20 2001 80,000,000 21 2002 93,000,00084,000,00022 2003 99,000,00089,000,00023 2004 103,000,00093,000,00024 2005 108,000,00097,000,00025 2006 113,000,000102,000,00026 2007 119,000,000108,000,00027 2008 126,000,000115,000,00028 2009 132,000,000120,000,00029 2010 139,000,000126,000,00030 2011 146,000,000132,000,00031 2012 153,000,000138,000,00032 2013 161,000,000 33 2014 170,000,000 34 2015 179,000,000 HB0263 Enrolled -41- LRB9203561MWpk 1 2016 189,000,000 2 2017 199,000,000 3 2018 210,000,000 4 2019 221,000,000 5 2020 233,000,000 6 2021 246,000,000 7 2022 260,000,000 8 2023 and 275,000,000 9145,000,00010 each fiscal year 11 thereafter that bonds 12 are outstanding under 13 Section 13.2 of the 14 Metropolitan Pier and 15 Exposition Authority 16 Act, but not after fiscal year 20422029. 17 Beginning July 20, 1993 and in each month of each fiscal 18 year thereafter, one-eighth of the amount requested in the 19 certificate of the Chairman of the Metropolitan Pier and 20 Exposition Authority for that fiscal year, less the amount 21 deposited into the McCormick Place Expansion Project Fund by 22 the State Treasurer in the respective month under subsection 23 (g) of Section 13 of the Metropolitan Pier and Exposition 24 Authority Act, plus cumulative deficiencies in the deposits 25 required under this Section for previous months and years, 26 shall be deposited into the McCormick Place Expansion Project 27 Fund, until the full amount requested for the fiscal year, 28 but not in excess of the amount specified above as "Total 29 Deposit", has been deposited. 30 Subject to payment of amounts into the Build Illinois 31 Fund and the McCormick Place Expansion Project Fund pursuant 32 to the preceding paragraphs or in any amendment thereto 33 hereafter enacted, each month the Department shall pay into 34 the Local Government Distributive Fund 0.4% of the net HB0263 Enrolled -42- LRB9203561MWpk 1 revenue realized for the preceding month from the 5% general 2 rate or 0.4% of 80% of the net revenue realized for the 3 preceding month from the 6.25% general rate, as the case may 4 be, on the selling price of tangible personal property which 5 amount shall, subject to appropriation, be distributed as 6 provided in Section 2 of the State Revenue Sharing Act. No 7 payments or distributions pursuant to this paragraph shall be 8 made if the tax imposed by this Act on photoprocessing 9 products is declared unconstitutional, or if the proceeds 10 from such tax are unavailable for distribution because of 11 litigation. 12 Subject to payment of amounts into the Build Illinois 13 Fund, the McCormick Place Expansion Project Fund, and the 14 Local Government Distributive Fund pursuant to the preceding 15 paragraphs or in any amendments thereto hereafter enacted, 16 beginning July 1, 1993, the Department shall each month pay 17 into the Illinois Tax Increment Fund 0.27% of 80% of the net 18 revenue realized for the preceding month from the 6.25% 19 general rate on the selling price of tangible personal 20 property. 21 Remaining moneys received by the Department pursuant to 22 this Act shall be paid into the General Revenue Fund of the 23 State Treasury. 24 The Department may, upon separate written notice to a 25 taxpayer, require the taxpayer to prepare and file with the 26 Department on a form prescribed by the Department within not 27 less than 60 days after receipt of the notice an annual 28 information return for the tax year specified in the notice. 29 Such annual return to the Department shall include a 30 statement of gross receipts as shown by the taxpayer's last 31 Federal income tax return. If the total receipts of the 32 business as reported in the Federal income tax return do not 33 agree with the gross receipts reported to the Department of 34 Revenue for the same period, the taxpayer shall attach to his HB0263 Enrolled -43- LRB9203561MWpk 1 annual return a schedule showing a reconciliation of the 2 2 amounts and the reasons for the difference. The taxpayer's 3 annual return to the Department shall also disclose the cost 4 of goods sold by the taxpayer during the year covered by such 5 return, opening and closing inventories of such goods for 6 such year, cost of goods used from stock or taken from stock 7 and given away by the taxpayer during such year, pay roll 8 information of the taxpayer's business during such year and 9 any additional reasonable information which the Department 10 deems would be helpful in determining the accuracy of the 11 monthly, quarterly or annual returns filed by such taxpayer 12 as hereinbefore provided for in this Section. 13 If the annual information return required by this Section 14 is not filed when and as required, the taxpayer shall be 15 liable as follows: 16 (i) Until January 1, 1994, the taxpayer shall be 17 liable for a penalty equal to 1/6 of 1% of the tax due 18 from such taxpayer under this Act during the period to be 19 covered by the annual return for each month or fraction 20 of a month until such return is filed as required, the 21 penalty to be assessed and collected in the same manner 22 as any other penalty provided for in this Act. 23 (ii) On and after January 1, 1994, the taxpayer 24 shall be liable for a penalty as described in Section 3-4 25 of the Uniform Penalty and Interest Act. 26 The chief executive officer, proprietor, owner or highest 27 ranking manager shall sign the annual return to certify the 28 accuracy of the information contained therein. Any person 29 who willfully signs the annual return containing false or 30 inaccurate information shall be guilty of perjury and 31 punished accordingly. The annual return form prescribed by 32 the Department shall include a warning that the person 33 signing the return may be liable for perjury. 34 The foregoing portion of this Section concerning the HB0263 Enrolled -44- LRB9203561MWpk 1 filing of an annual information return shall not apply to a 2 serviceman who is not required to file an income tax return 3 with the United States Government. 4 As soon as possible after the first day of each month, 5 upon certification of the Department of Revenue, the 6 Comptroller shall order transferred and the Treasurer shall 7 transfer from the General Revenue Fund to the Motor Fuel Tax 8 Fund an amount equal to 1.7% of 80% of the net revenue 9 realized under this Act for the second preceding month. 10 Beginning April 1, 2000, this transfer is no longer required 11 and shall not be made. 12 Net revenue realized for a month shall be the revenue 13 collected by the State pursuant to this Act, less the amount 14 paid out during that month as refunds to taxpayers for 15 overpayment of liability. 16 For greater simplicity of administration, it shall be 17 permissible for manufacturers, importers and wholesalers 18 whose products are sold by numerous servicemen in Illinois, 19 and who wish to do so, to assume the responsibility for 20 accounting and paying to the Department all tax accruing 21 under this Act with respect to such sales, if the servicemen 22 who are affected do not make written objection to the 23 Department to this arrangement. 24 (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, 25 eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 26 91-872, eff. 7-1-00.) 27 Section 30. The Retailers' Occupation Tax Act is amended 28 by changing Section 3 as follows: 29 (35 ILCS 120/3) (from Ch. 120, par. 442) 30 Sec. 3. Except as provided in this Section, on or before 31 the twentieth day of each calendar month, every person 32 engaged in the business of selling tangible personal property HB0263 Enrolled -45- LRB9203561MWpk 1 at retail in this State during the preceding calendar month 2 shall file a return with the Department, stating: 3 1. The name of the seller; 4 2. His residence address and the address of his 5 principal place of business and the address of the 6 principal place of business (if that is a different 7 address) from which he engages in the business of selling 8 tangible personal property at retail in this State; 9 3. Total amount of receipts received by him during 10 the preceding calendar month or quarter, as the case may 11 be, from sales of tangible personal property, and from 12 services furnished, by him during such preceding calendar 13 month or quarter; 14 4. Total amount received by him during the 15 preceding calendar month or quarter on charge and time 16 sales of tangible personal property, and from services 17 furnished, by him prior to the month or quarter for which 18 the return is filed; 19 5. Deductions allowed by law; 20 6. Gross receipts which were received by him during 21 the preceding calendar month or quarter and upon the 22 basis of which the tax is imposed; 23 7. The amount of credit provided in Section 2d of 24 this Act; 25 8. The amount of tax due; 26 9. The signature of the taxpayer; and 27 10. Such other reasonable information as the 28 Department may require. 29 If a taxpayer fails to sign a return within 30 days after 30 the proper notice and demand for signature by the Department, 31 the return shall be considered valid and any amount shown to 32 be due on the return shall be deemed assessed. 33 Each return shall be accompanied by the statement of 34 prepaid tax issued pursuant to Section 2e for which credit is HB0263 Enrolled -46- LRB9203561MWpk 1 claimed. 2 A retailer may accept a Manufacturer's Purchase Credit 3 certification from a purchaser in satisfaction of Use Tax as 4 provided in Section 3-85 of the Use Tax Act if the purchaser 5 provides the appropriate documentation as required by Section 6 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit 7 certification, accepted by a retailer as provided in Section 8 3-85 of the Use Tax Act, may be used by that retailer to 9 satisfy Retailers' Occupation Tax liability in the amount 10 claimed in the certification, not to exceed 6.25% of the 11 receipts subject to tax from a qualifying purchase. 12 The Department may require returns to be filed on a 13 quarterly basis. If so required, a return for each calendar 14 quarter shall be filed on or before the twentieth day of the 15 calendar month following the end of such calendar quarter. 16 The taxpayer shall also file a return with the Department for 17 each of the first two months of each calendar quarter, on or 18 before the twentieth day of the following calendar month, 19 stating: 20 1. The name of the seller; 21 2. The address of the principal place of business 22 from which he engages in the business of selling tangible 23 personal property at retail in this State; 24 3. The total amount of taxable receipts received by 25 him during the preceding calendar month from sales of 26 tangible personal property by him during such preceding 27 calendar month, including receipts from charge and time 28 sales, but less all deductions allowed by law; 29 4. The amount of credit provided in Section 2d of 30 this Act; 31 5. The amount of tax due; and 32 6. Such other reasonable information as the 33 Department may require. 34 If a total amount of less than $1 is payable, refundable HB0263 Enrolled -47- LRB9203561MWpk 1 or creditable, such amount shall be disregarded if it is less 2 than 50 cents and shall be increased to $1 if it is 50 cents 3 or more. 4 Beginning October 1, 1993, a taxpayer who has an average 5 monthly tax liability of $150,000 or more shall make all 6 payments required by rules of the Department by electronic 7 funds transfer. Beginning October 1, 1994, a taxpayer who 8 has an average monthly tax liability of $100,000 or more 9 shall make all payments required by rules of the Department 10 by electronic funds transfer. Beginning October 1, 1995, a 11 taxpayer who has an average monthly tax liability of $50,000 12 or more shall make all payments required by rules of the 13 Department by electronic funds transfer. Beginning October 14 1, 2000, a taxpayer who has an annual tax liability of 15 $200,000 or more shall make all payments required by rules of 16 the Department by electronic funds transfer. The term 17 "annual tax liability" shall be the sum of the taxpayer's 18 liabilities under this Act, and under all other State and 19 local occupation and use tax laws administered by the 20 Department, for the immediately preceding calendar year. The 21 term "average monthly tax liability" shall be the sum of the 22 taxpayer's liabilities under this Act, and under all other 23 State and local occupation and use tax laws administered by 24 the Department, for the immediately preceding calendar year 25 divided by 12. 26 Before August 1 of each year beginning in 1993, the 27 Department shall notify all taxpayers required to make 28 payments by electronic funds transfer. All taxpayers 29 required to make payments by electronic funds transfer shall 30 make those payments for a minimum of one year beginning on 31 October 1. 32 Any taxpayer not required to make payments by electronic 33 funds transfer may make payments by electronic funds transfer 34 with the permission of the Department. HB0263 Enrolled -48- LRB9203561MWpk 1 All taxpayers required to make payment by electronic 2 funds transfer and any taxpayers authorized to voluntarily 3 make payments by electronic funds transfer shall make those 4 payments in the manner authorized by the Department. 5 The Department shall adopt such rules as are necessary to 6 effectuate a program of electronic funds transfer and the 7 requirements of this Section. 8 Any amount which is required to be shown or reported on 9 any return or other document under this Act shall, if such 10 amount is not a whole-dollar amount, be increased to the 11 nearest whole-dollar amount in any case where the fractional 12 part of a dollar is 50 cents or more, and decreased to the 13 nearest whole-dollar amount where the fractional part of a 14 dollar is less than 50 cents. 15 If the retailer is otherwise required to file a monthly 16 return and if the retailer's average monthly tax liability to 17 the Department does not exceed $200, the Department may 18 authorize his returns to be filed on a quarter annual basis, 19 with the return for January, February and March of a given 20 year being due by April 20 of such year; with the return for 21 April, May and June of a given year being due by July 20 of 22 such year; with the return for July, August and September of 23 a given year being due by October 20 of such year, and with 24 the return for October, November and December of a given year 25 being due by January 20 of the following year. 26 If the retailer is otherwise required to file a monthly 27 or quarterly return and if the retailer's average monthly tax 28 liability with the Department does not exceed $50, the 29 Department may authorize his returns to be filed on an annual 30 basis, with the return for a given year being due by January 31 20 of the following year. 32 Such quarter annual and annual returns, as to form and 33 substance, shall be subject to the same requirements as 34 monthly returns. HB0263 Enrolled -49- LRB9203561MWpk 1 Notwithstanding any other provision in this Act 2 concerning the time within which a retailer may file his 3 return, in the case of any retailer who ceases to engage in a 4 kind of business which makes him responsible for filing 5 returns under this Act, such retailer shall file a final 6 return under this Act with the Department not more than one 7 month after discontinuing such business. 8 Where the same person has more than one business 9 registered with the Department under separate registrations 10 under this Act, such person may not file each return that is 11 due as a single return covering all such registered 12 businesses, but shall file separate returns for each such 13 registered business. 14 In addition, with respect to motor vehicles, watercraft, 15 aircraft, and trailers that are required to be registered 16 with an agency of this State, every retailer selling this 17 kind of tangible personal property shall file, with the 18 Department, upon a form to be prescribed and supplied by the 19 Department, a separate return for each such item of tangible 20 personal property which the retailer sells, except that if, 21 in the same transaction, (i) a retailer of aircraft, 22 watercraft, motor vehicles or trailers transfers more than 23 one aircraft, watercraft, motor vehicle or trailer to another 24 aircraft, watercraft, motor vehicle retailer or trailer 25 retailer for the purpose of resale or (ii) a retailer of 26 aircraft, watercraft, motor vehicles, or trailers transfers 27 more than one aircraft, watercraft, motor vehicle, or trailer 28 to a purchaser for use as a qualifying rolling stock as 29 provided in Section 2-5 of this Act, then that seller may 30 report the transfer of all aircraft, watercraft, motor 31 vehicles or trailers involved in that transaction to the 32 Department on the same uniform invoice-transaction reporting 33 return form. For purposes of this Section, "watercraft" 34 means a Class 2, Class 3, or Class 4 watercraft as defined in HB0263 Enrolled -50- LRB9203561MWpk 1 Section 3-2 of the Boat Registration and Safety Act, a 2 personal watercraft, or any boat equipped with an inboard 3 motor. 4 Any retailer who sells only motor vehicles, watercraft, 5 aircraft, or trailers that are required to be registered with 6 an agency of this State, so that all retailers' occupation 7 tax liability is required to be reported, and is reported, on 8 such transaction reporting returns and who is not otherwise 9 required to file monthly or quarterly returns, need not file 10 monthly or quarterly returns. However, those retailers shall 11 be required to file returns on an annual basis. 12 The transaction reporting return, in the case of motor 13 vehicles or trailers that are required to be registered with 14 an agency of this State, shall be the same document as the 15 Uniform Invoice referred to in Section 5-402 of The Illinois 16 Vehicle Code and must show the name and address of the 17 seller; the name and address of the purchaser; the amount of 18 the selling price including the amount allowed by the 19 retailer for traded-in property, if any; the amount allowed 20 by the retailer for the traded-in tangible personal property, 21 if any, to the extent to which Section 1 of this Act allows 22 an exemption for the value of traded-in property; the balance 23 payable after deducting such trade-in allowance from the 24 total selling price; the amount of tax due from the retailer 25 with respect to such transaction; the amount of tax collected 26 from the purchaser by the retailer on such transaction (or 27 satisfactory evidence that such tax is not due in that 28 particular instance, if that is claimed to be the fact); the 29 place and date of the sale; a sufficient identification of 30 the property sold; such other information as is required in 31 Section 5-402 of The Illinois Vehicle Code, and such other 32 information as the Department may reasonably require. 33 The transaction reporting return in the case of 34 watercraft or aircraft must show the name and address of the HB0263 Enrolled -51- LRB9203561MWpk 1 seller; the name and address of the purchaser; the amount of 2 the selling price including the amount allowed by the 3 retailer for traded-in property, if any; the amount allowed 4 by the retailer for the traded-in tangible personal property, 5 if any, to the extent to which Section 1 of this Act allows 6 an exemption for the value of traded-in property; the balance 7 payable after deducting such trade-in allowance from the 8 total selling price; the amount of tax due from the retailer 9 with respect to such transaction; the amount of tax collected 10 from the purchaser by the retailer on such transaction (or 11 satisfactory evidence that such tax is not due in that 12 particular instance, if that is claimed to be the fact); the 13 place and date of the sale, a sufficient identification of 14 the property sold, and such other information as the 15 Department may reasonably require. 16 Such transaction reporting return shall be filed not 17 later than 20 days after the day of delivery of the item that 18 is being sold, but may be filed by the retailer at any time 19 sooner than that if he chooses to do so. The transaction 20 reporting return and tax remittance or proof of exemption 21 from the Illinois use tax may be transmitted to the 22 Department by way of the State agency with which, or State 23 officer with whom the tangible personal property must be 24 titled or registered (if titling or registration is required) 25 if the Department and such agency or State officer determine 26 that this procedure will expedite the processing of 27 applications for title or registration. 28 With each such transaction reporting return, the retailer 29 shall remit the proper amount of tax due (or shall submit 30 satisfactory evidence that the sale is not taxable if that is 31 the case), to the Department or its agents, whereupon the 32 Department shall issue, in the purchaser's name, a use tax 33 receipt (or a certificate of exemption if the Department is 34 satisfied that the particular sale is tax exempt) which such HB0263 Enrolled -52- LRB9203561MWpk 1 purchaser may submit to the agency with which, or State 2 officer with whom, he must title or register the tangible 3 personal property that is involved (if titling or 4 registration is required) in support of such purchaser's 5 application for an Illinois certificate or other evidence of 6 title or registration to such tangible personal property. 7 No retailer's failure or refusal to remit tax under this 8 Act precludes a user, who has paid the proper tax to the 9 retailer, from obtaining his certificate of title or other 10 evidence of title or registration (if titling or registration 11 is required) upon satisfying the Department that such user 12 has paid the proper tax (if tax is due) to the retailer. The 13 Department shall adopt appropriate rules to carry out the 14 mandate of this paragraph. 15 If the user who would otherwise pay tax to the retailer 16 wants the transaction reporting return filed and the payment 17 of the tax or proof of exemption made to the Department 18 before the retailer is willing to take these actions and such 19 user has not paid the tax to the retailer, such user may 20 certify to the fact of such delay by the retailer and may 21 (upon the Department being satisfied of the truth of such 22 certification) transmit the information required by the 23 transaction reporting return and the remittance for tax or 24 proof of exemption directly to the Department and obtain his 25 tax receipt or exemption determination, in which event the 26 transaction reporting return and tax remittance (if a tax 27 payment was required) shall be credited by the Department to 28 the proper retailer's account with the Department, but 29 without the 2.1% or 1.75% discount provided for in this 30 Section being allowed. When the user pays the tax directly 31 to the Department, he shall pay the tax in the same amount 32 and in the same form in which it would be remitted if the tax 33 had been remitted to the Department by the retailer. 34 Refunds made by the seller during the preceding return HB0263 Enrolled -53- LRB9203561MWpk 1 period to purchasers, on account of tangible personal 2 property returned to the seller, shall be allowed as a 3 deduction under subdivision 5 of his monthly or quarterly 4 return, as the case may be, in case the seller had 5 theretofore included the receipts from the sale of such 6 tangible personal property in a return filed by him and had 7 paid the tax imposed by this Act with respect to such 8 receipts. 9 Where the seller is a corporation, the return filed on 10 behalf of such corporation shall be signed by the president, 11 vice-president, secretary or treasurer or by the properly 12 accredited agent of such corporation. 13 Where the seller is a limited liability company, the 14 return filed on behalf of the limited liability company shall 15 be signed by a manager, member, or properly accredited agent 16 of the limited liability company. 17 Except as provided in this Section, the retailer filing 18 the return under this Section shall, at the time of filing 19 such return, pay to the Department the amount of tax imposed 20 by this Act less a discount of 2.1% prior to January 1, 1990 21 and 1.75% on and after January 1, 1990, or $5 per calendar 22 year, whichever is greater, which is allowed to reimburse the 23 retailer for the expenses incurred in keeping records, 24 preparing and filing returns, remitting the tax and supplying 25 data to the Department on request. Any prepayment made 26 pursuant to Section 2d of this Act shall be included in the 27 amount on which such 2.1% or 1.75% discount is computed. In 28 the case of retailers who report and pay the tax on a 29 transaction by transaction basis, as provided in this 30 Section, such discount shall be taken with each such tax 31 remittance instead of when such retailer files his periodic 32 return. 33 Before October 1, 2000, if the taxpayer's average monthly 34 tax liability to the Department under this Act, the Use Tax HB0263 Enrolled -54- LRB9203561MWpk 1 Act, the Service Occupation Tax Act, and the Service Use Tax 2 Act, excluding any liability for prepaid sales tax to be 3 remitted in accordance with Section 2d of this Act, was 4 $10,000 or more during the preceding 4 complete calendar 5 quarters, he shall file a return with the Department each 6 month by the 20th day of the month next following the month 7 during which such tax liability is incurred and shall make 8 payments to the Department on or before the 7th, 15th, 22nd 9 and last day of the month during which such liability is 10 incurred. On and after October 1, 2000, if the taxpayer's 11 average monthly tax liability to the Department under this 12 Act, the Use Tax Act, the Service Occupation Tax Act, and the 13 Service Use Tax Act, excluding any liability for prepaid 14 sales tax to be remitted in accordance with Section 2d of 15 this Act, was $20,000 or more during the preceding 4 complete 16 calendar quarters, he shall file a return with the Department 17 each month by the 20th day of the month next following the 18 month during which such tax liability is incurred and shall 19 make payment to the Department on or before the 7th, 15th, 20 22nd and last day of the month during which such liability is 21 incurred. If the month during which such tax liability is 22 incurred began prior to January 1, 1985, each payment shall 23 be in an amount equal to 1/4 of the taxpayer's actual 24 liability for the month or an amount set by the Department 25 not to exceed 1/4 of the average monthly liability of the 26 taxpayer to the Department for the preceding 4 complete 27 calendar quarters (excluding the month of highest liability 28 and the month of lowest liability in such 4 quarter period). 29 If the month during which such tax liability is incurred 30 begins on or after January 1, 1985 and prior to January 1, 31 1987, each payment shall be in an amount equal to 22.5% of 32 the taxpayer's actual liability for the month or 27.5% of the 33 taxpayer's liability for the same calendar month of the 34 preceding year. If the month during which such tax liability HB0263 Enrolled -55- LRB9203561MWpk 1 is incurred begins on or after January 1, 1987 and prior to 2 January 1, 1988, each payment shall be in an amount equal to 3 22.5% of the taxpayer's actual liability for the month or 4 26.25% of the taxpayer's liability for the same calendar 5 month of the preceding year. If the month during which such 6 tax liability is incurred begins on or after January 1, 1988, 7 and prior to January 1, 1989, or begins on or after January 8 1, 1996, each payment shall be in an amount equal to 22.5% of 9 the taxpayer's actual liability for the month or 25% of the 10 taxpayer's liability for the same calendar month of the 11 preceding year. If the month during which such tax liability 12 is incurred begins on or after January 1, 1989, and prior to 13 January 1, 1996, each payment shall be in an amount equal to 14 22.5% of the taxpayer's actual liability for the month or 25% 15 of the taxpayer's liability for the same calendar month of 16 the preceding year or 100% of the taxpayer's actual liability 17 for the quarter monthly reporting period. The amount of such 18 quarter monthly payments shall be credited against the final 19 tax liability of the taxpayer's return for that month. 20 Before October 1, 2000, once applicable, the requirement of 21 the making of quarter monthly payments to the Department by 22 taxpayers having an average monthly tax liability of $10,000 23 or more as determined in the manner provided above shall 24 continue until such taxpayer's average monthly liability to 25 the Department during the preceding 4 complete calendar 26 quarters (excluding the month of highest liability and the 27 month of lowest liability) is less than $9,000, or until such 28 taxpayer's average monthly liability to the Department as 29 computed for each calendar quarter of the 4 preceding 30 complete calendar quarter period is less than $10,000. 31 However, if a taxpayer can show the Department that a 32 substantial change in the taxpayer's business has occurred 33 which causes the taxpayer to anticipate that his average 34 monthly tax liability for the reasonably foreseeable future HB0263 Enrolled -56- LRB9203561MWpk 1 will fall below the $10,000 threshold stated above, then such 2 taxpayer may petition the Department for a change in such 3 taxpayer's reporting status. On and after October 1, 2000, 4 once applicable, the requirement of the making of quarter 5 monthly payments to the Department by taxpayers having an 6 average monthly tax liability of $20,000 or more as 7 determined in the manner provided above shall continue until 8 such taxpayer's average monthly liability to the Department 9 during the preceding 4 complete calendar quarters (excluding 10 the month of highest liability and the month of lowest 11 liability) is less than $19,000 or until such taxpayer's 12 average monthly liability to the Department as computed for 13 each calendar quarter of the 4 preceding complete calendar 14 quarter period is less than $20,000. However, if a taxpayer 15 can show the Department that a substantial change in the 16 taxpayer's business has occurred which causes the taxpayer to 17 anticipate that his average monthly tax liability for the 18 reasonably foreseeable future will fall below the $20,000 19 threshold stated above, then such taxpayer may petition the 20 Department for a change in such taxpayer's reporting status. 21 The Department shall change such taxpayer's reporting status 22 unless it finds that such change is seasonal in nature and 23 not likely to be long term. If any such quarter monthly 24 payment is not paid at the time or in the amount required by 25 this Section, then the taxpayer shall be liable for penalties 26 and interest on the difference between the minimum amount due 27 as a payment and the amount of such quarter monthly payment 28 actually and timely paid, except insofar as the taxpayer has 29 previously made payments for that month to the Department in 30 excess of the minimum payments previously due as provided in 31 this Section. The Department shall make reasonable rules and 32 regulations to govern the quarter monthly payment amount and 33 quarter monthly payment dates for taxpayers who file on other 34 than a calendar monthly basis. HB0263 Enrolled -57- LRB9203561MWpk 1 Without regard to whether a taxpayer is required to make 2 quarter monthly payments as specified above, any taxpayer who 3 is required by Section 2d of this Act to collect and remit 4 prepaid taxes and has collected prepaid taxes which average 5 in excess of $25,000 per month during the preceding 2 6 complete calendar quarters, shall file a return with the 7 Department as required by Section 2f and shall make payments 8 to the Department on or before the 7th, 15th, 22nd and last 9 day of the month during which such liability is incurred. If 10 the month during which such tax liability is incurred began 11 prior to the effective date of this amendatory Act of 1985, 12 each payment shall be in an amount not less than 22.5% of the 13 taxpayer's actual liability under Section 2d. If the month 14 during which such tax liability is incurred begins on or 15 after January 1, 1986, each payment shall be in an amount 16 equal to 22.5% of the taxpayer's actual liability for the 17 month or 27.5% of the taxpayer's liability for the same 18 calendar month of the preceding calendar year. If the month 19 during which such tax liability is incurred begins on or 20 after January 1, 1987, each payment shall be in an amount 21 equal to 22.5% of the taxpayer's actual liability for the 22 month or 26.25% of the taxpayer's liability for the same 23 calendar month of the preceding year. The amount of such 24 quarter monthly payments shall be credited against the final 25 tax liability of the taxpayer's return for that month filed 26 under this Section or Section 2f, as the case may be. Once 27 applicable, the requirement of the making of quarter monthly 28 payments to the Department pursuant to this paragraph shall 29 continue until such taxpayer's average monthly prepaid tax 30 collections during the preceding 2 complete calendar quarters 31 is $25,000 or less. If any such quarter monthly payment is 32 not paid at the time or in the amount required, the taxpayer 33 shall be liable for penalties and interest on such 34 difference, except insofar as the taxpayer has previously HB0263 Enrolled -58- LRB9203561MWpk 1 made payments for that month in excess of the minimum 2 payments previously due. 3 If any payment provided for in this Section exceeds the 4 taxpayer's liabilities under this Act, the Use Tax Act, the 5 Service Occupation Tax Act and the Service Use Tax Act, as 6 shown on an original monthly return, the Department shall, if 7 requested by the taxpayer, issue to the taxpayer a credit 8 memorandum no later than 30 days after the date of payment. 9 The credit evidenced by such credit memorandum may be 10 assigned by the taxpayer to a similar taxpayer under this 11 Act, the Use Tax Act, the Service Occupation Tax Act or the 12 Service Use Tax Act, in accordance with reasonable rules and 13 regulations to be prescribed by the Department. If no such 14 request is made, the taxpayer may credit such excess payment 15 against tax liability subsequently to be remitted to the 16 Department under this Act, the Use Tax Act, the Service 17 Occupation Tax Act or the Service Use Tax Act, in accordance 18 with reasonable rules and regulations prescribed by the 19 Department. If the Department subsequently determined that 20 all or any part of the credit taken was not actually due to 21 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount 22 shall be reduced by 2.1% or 1.75% of the difference between 23 the credit taken and that actually due, and that taxpayer 24 shall be liable for penalties and interest on such 25 difference. 26 If a retailer of motor fuel is entitled to a credit under 27 Section 2d of this Act which exceeds the taxpayer's liability 28 to the Department under this Act for the month which the 29 taxpayer is filing a return, the Department shall issue the 30 taxpayer a credit memorandum for the excess. 31 Beginning January 1, 1990, each month the Department 32 shall pay into the Local Government Tax Fund, a special fund 33 in the State treasury which is hereby created, the net 34 revenue realized for the preceding month from the 1% tax on HB0263 Enrolled -59- LRB9203561MWpk 1 sales of food for human consumption which is to be consumed 2 off the premises where it is sold (other than alcoholic 3 beverages, soft drinks and food which has been prepared for 4 immediate consumption) and prescription and nonprescription 5 medicines, drugs, medical appliances and insulin, urine 6 testing materials, syringes and needles used by diabetics. 7 Beginning January 1, 1990, each month the Department 8 shall pay into the County and Mass Transit District Fund, a 9 special fund in the State treasury which is hereby created, 10 4% of the net revenue realized for the preceding month from 11 the 6.25% general rate. 12 Beginning August 1, 2000, each month the Department shall 13 pay into the County and Mass Transit District Fund 20% of the 14 net revenue realized for the preceding month from the 1.25% 15 rate on the selling price of motor fuel and gasohol. 16 Beginning January 1, 1990, each month the Department 17 shall pay into the Local Government Tax Fund 16% of the net 18 revenue realized for the preceding month from the 6.25% 19 general rate on the selling price of tangible personal 20 property. 21 Beginning August 1, 2000, each month the Department shall 22 pay into the Local Government Tax Fund 80% of the net revenue 23 realized for the preceding month from the 1.25% rate on the 24 selling price of motor fuel and gasohol. 25 Of the remainder of the moneys received by the Department 26 pursuant to this Act, (a) 1.75% thereof shall be paid into 27 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 28 and on and after July 1, 1989, 3.8% thereof shall be paid 29 into the Build Illinois Fund; provided, however, that if in 30 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 31 as the case may be, of the moneys received by the Department 32 and required to be paid into the Build Illinois Fund pursuant 33 to this Act, Section 9 of the Use Tax Act, Section 9 of the 34 Service Use Tax Act, and Section 9 of the Service Occupation HB0263 Enrolled -60- LRB9203561MWpk 1 Tax Act, such Acts being hereinafter called the "Tax Acts" 2 and such aggregate of 2.2% or 3.8%, as the case may be, of 3 moneys being hereinafter called the "Tax Act Amount", and (2) 4 the amount transferred to the Build Illinois Fund from the 5 State and Local Sales Tax Reform Fund shall be less than the 6 Annual Specified Amount (as hereinafter defined), an amount 7 equal to the difference shall be immediately paid into the 8 Build Illinois Fund from other moneys received by the 9 Department pursuant to the Tax Acts; the "Annual Specified 10 Amount" means the amounts specified below for fiscal years 11 1986 through 1993: 12 Fiscal Year Annual Specified Amount 13 1986 $54,800,000 14 1987 $76,650,000 15 1988 $80,480,000 16 1989 $88,510,000 17 1990 $115,330,000 18 1991 $145,470,000 19 1992 $182,730,000 20 1993 $206,520,000; 21 and means the Certified Annual Debt Service Requirement (as 22 defined in Section 13 of the Build Illinois Bond Act) or the 23 Tax Act Amount, whichever is greater, for fiscal year 1994 24 and each fiscal year thereafter; and further provided, that 25 if on the last business day of any month the sum of (1) the 26 Tax Act Amount required to be deposited into the Build 27 Illinois Bond Account in the Build Illinois Fund during such 28 month and (2) the amount transferred to the Build Illinois 29 Fund from the State and Local Sales Tax Reform Fund shall 30 have been less than 1/12 of the Annual Specified Amount, an 31 amount equal to the difference shall be immediately paid into 32 the Build Illinois Fund from other moneys received by the 33 Department pursuant to the Tax Acts; and, further provided, 34 that in no event shall the payments required under the HB0263 Enrolled -61- LRB9203561MWpk 1 preceding proviso result in aggregate payments into the Build 2 Illinois Fund pursuant to this clause (b) for any fiscal year 3 in excess of the greater of (i) the Tax Act Amount or (ii) 4 the Annual Specified Amount for such fiscal year. The 5 amounts payable into the Build Illinois Fund under clause (b) 6 of the first sentence in this paragraph shall be payable only 7 until such time as the aggregate amount on deposit under each 8 trust indenture securing Bonds issued and outstanding 9 pursuant to the Build Illinois Bond Act is sufficient, taking 10 into account any future investment income, to fully provide, 11 in accordance with such indenture, for the defeasance of or 12 the payment of the principal of, premium, if any, and 13 interest on the Bonds secured by such indenture and on any 14 Bonds expected to be issued thereafter and all fees and costs 15 payable with respect thereto, all as certified by the 16 Director of the Bureau of the Budget. If on the last 17 business day of any month in which Bonds are outstanding 18 pursuant to the Build Illinois Bond Act, the aggregate of 19 moneys deposited in the Build Illinois Bond Account in the 20 Build Illinois Fund in such month shall be less than the 21 amount required to be transferred in such month from the 22 Build Illinois Bond Account to the Build Illinois Bond 23 Retirement and Interest Fund pursuant to Section 13 of the 24 Build Illinois Bond Act, an amount equal to such deficiency 25 shall be immediately paid from other moneys received by the 26 Department pursuant to the Tax Acts to the Build Illinois 27 Fund; provided, however, that any amounts paid to the Build 28 Illinois Fund in any fiscal year pursuant to this sentence 29 shall be deemed to constitute payments pursuant to clause (b) 30 of the first sentence of this paragraph and shall reduce the 31 amount otherwise payable for such fiscal year pursuant to 32 that clause (b). The moneys received by the Department 33 pursuant to this Act and required to be deposited into the 34 Build Illinois Fund are subject to the pledge, claim and HB0263 Enrolled -62- LRB9203561MWpk 1 charge set forth in Section 12 of the Build Illinois Bond 2 Act. 3 Subject to payment of amounts into the Build Illinois 4 Fund as provided in the preceding paragraph or in any 5 amendment thereto hereafter enacted, the following specified 6 monthly installment of the amount requested in the 7 certificate of the Chairman of the Metropolitan Pier and 8 Exposition Authority provided under Section 8.25f of the 9 State Finance Act, but not in excess of sums designated as 10 "Total Deposit", shall be deposited in the aggregate from 11 collections under Section 9 of the Use Tax Act, Section 9 of 12 the Service Use Tax Act, Section 9 of the Service Occupation 13 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 14 into the McCormick Place Expansion Project Fund in the 15 specified fiscal years. 16 Fiscal Year Total Deposit 17 1993 $0 18 1994 53,000,000 19 1995 58,000,000 20 1996 61,000,000 21 1997 64,000,000 22 1998 68,000,000 23 1999 71,000,000 24 2000 75,000,000 25 2001 80,000,000 26 2002 93,000,00084,000,00027 2003 99,000,00089,000,00028 2004 103,000,00093,000,00029 2005 108,000,00097,000,00030 2006 113,000,000102,000,00031 2007 119,000,000108,000,00032 2008 126,000,000115,000,00033 2009 132,000,000120,000,00034 2010 139,000,000126,000,000HB0263 Enrolled -63- LRB9203561MWpk 1 2011 146,000,000132,000,0002 2012 153,000,000138,000,0003 2013 161,000,000 4 2014 170,000,000 5 2015 179,000,000 6 2016 189,000,000 7 2017 199,000,000 8 2018 210,000,000 9 2019 221,000,000 10 2020 233,000,000 11 2021 246,000,000 12 2022 260,000,000 13 2023 and 275,000,000 14145,000,00015 each fiscal year 16 thereafter that bonds 17 are outstanding under 18 Section 13.2 of the 19 Metropolitan Pier and 20 Exposition Authority 21 Act, but not after fiscal year 20422029. 22 Beginning July 20, 1993 and in each month of each fiscal 23 year thereafter, one-eighth of the amount requested in the 24 certificate of the Chairman of the Metropolitan Pier and 25 Exposition Authority for that fiscal year, less the amount 26 deposited into the McCormick Place Expansion Project Fund by 27 the State Treasurer in the respective month under subsection 28 (g) of Section 13 of the Metropolitan Pier and Exposition 29 Authority Act, plus cumulative deficiencies in the deposits 30 required under this Section for previous months and years, 31 shall be deposited into the McCormick Place Expansion Project 32 Fund, until the full amount requested for the fiscal year, 33 but not in excess of the amount specified above as "Total 34 Deposit", has been deposited. HB0263 Enrolled -64- LRB9203561MWpk 1 Subject to payment of amounts into the Build Illinois 2 Fund and the McCormick Place Expansion Project Fund pursuant 3 to the preceding paragraphs or in any amendment thereto 4 hereafter enacted, each month the Department shall pay into 5 the Local Government Distributive Fund 0.4% of the net 6 revenue realized for the preceding month from the 5% general 7 rate or 0.4% of 80% of the net revenue realized for the 8 preceding month from the 6.25% general rate, as the case may 9 be, on the selling price of tangible personal property which 10 amount shall, subject to appropriation, be distributed as 11 provided in Section 2 of the State Revenue Sharing Act. No 12 payments or distributions pursuant to this paragraph shall be 13 made if the tax imposed by this Act on photoprocessing 14 products is declared unconstitutional, or if the proceeds 15 from such tax are unavailable for distribution because of 16 litigation. 17 Subject to payment of amounts into the Build Illinois 18 Fund and,the McCormick Place Expansion Project Fund pursuant 19 to the preceding paragraphs or in any amendments thereto 20 hereafter enacted, beginning July 1, 1993, the Department 21 shall each month pay into the Illinois Tax Increment Fund 22 0.27% of 80% of the net revenue realized for the preceding 23 month from the 6.25% general rate on the selling price of 24 tangible personal property. 25 Of the remainder of the moneys received by the Department 26 pursuant to this Act, 75% thereof shall be paid into the 27 State Treasury and 25% shall be reserved in a special account 28 and used only for the transfer to the Common School Fund as 29 part of the monthly transfer from the General Revenue Fund in 30 accordance with Section 8a of the State Finance Act. 31 The Department may, upon separate written notice to a 32 taxpayer, require the taxpayer to prepare and file with the 33 Department on a form prescribed by the Department within not 34 less than 60 days after receipt of the notice an annual HB0263 Enrolled -65- LRB9203561MWpk 1 information return for the tax year specified in the notice. 2 Such annual return to the Department shall include a 3 statement of gross receipts as shown by the retailer's last 4 Federal income tax return. If the total receipts of the 5 business as reported in the Federal income tax return do not 6 agree with the gross receipts reported to the Department of 7 Revenue for the same period, the retailer shall attach to his 8 annual return a schedule showing a reconciliation of the 2 9 amounts and the reasons for the difference. The retailer's 10 annual return to the Department shall also disclose the cost 11 of goods sold by the retailer during the year covered by such 12 return, opening and closing inventories of such goods for 13 such year, costs of goods used from stock or taken from stock 14 and given away by the retailer during such year, payroll 15 information of the retailer's business during such year and 16 any additional reasonable information which the Department 17 deems would be helpful in determining the accuracy of the 18 monthly, quarterly or annual returns filed by such retailer 19 as provided for in this Section. 20 If the annual information return required by this Section 21 is not filed when and as required, the taxpayer shall be 22 liable as follows: 23 (i) Until January 1, 1994, the taxpayer shall be 24 liable for a penalty equal to 1/6 of 1% of the tax due 25 from such taxpayer under this Act during the period to be 26 covered by the annual return for each month or fraction 27 of a month until such return is filed as required, the 28 penalty to be assessed and collected in the same manner 29 as any other penalty provided for in this Act. 30 (ii) On and after January 1, 1994, the taxpayer 31 shall be liable for a penalty as described in Section 3-4 32 of the Uniform Penalty and Interest Act. 33 The chief executive officer, proprietor, owner or highest 34 ranking manager shall sign the annual return to certify the HB0263 Enrolled -66- LRB9203561MWpk 1 accuracy of the information contained therein. Any person 2 who willfully signs the annual return containing false or 3 inaccurate information shall be guilty of perjury and 4 punished accordingly. The annual return form prescribed by 5 the Department shall include a warning that the person 6 signing the return may be liable for perjury. 7 The provisions of this Section concerning the filing of 8 an annual information return do not apply to a retailer who 9 is not required to file an income tax return with the United 10 States Government. 11 As soon as possible after the first day of each month, 12 upon certification of the Department of Revenue, the 13 Comptroller shall order transferred and the Treasurer shall 14 transfer from the General Revenue Fund to the Motor Fuel Tax 15 Fund an amount equal to 1.7% of 80% of the net revenue 16 realized under this Act for the second preceding month. 17 Beginning April 1, 2000, this transfer is no longer required 18 and shall not be made. 19 Net revenue realized for a month shall be the revenue 20 collected by the State pursuant to this Act, less the amount 21 paid out during that month as refunds to taxpayers for 22 overpayment of liability. 23 For greater simplicity of administration, manufacturers, 24 importers and wholesalers whose products are sold at retail 25 in Illinois by numerous retailers, and who wish to do so, may 26 assume the responsibility for accounting and paying to the 27 Department all tax accruing under this Act with respect to 28 such sales, if the retailers who are affected do not make 29 written objection to the Department to this arrangement. 30 Any person who promotes, organizes, provides retail 31 selling space for concessionaires or other types of sellers 32 at the Illinois State Fair, DuQuoin State Fair, county fairs, 33 local fairs, art shows, flea markets and similar exhibitions 34 or events, including any transient merchant as defined by HB0263 Enrolled -67- LRB9203561MWpk 1 Section 2 of the Transient Merchant Act of 1987, is required 2 to file a report with the Department providing the name of 3 the merchant's business, the name of the person or persons 4 engaged in merchant's business, the permanent address and 5 Illinois Retailers Occupation Tax Registration Number of the 6 merchant, the dates and location of the event and other 7 reasonable information that the Department may require. The 8 report must be filed not later than the 20th day of the month 9 next following the month during which the event with retail 10 sales was held. Any person who fails to file a report 11 required by this Section commits a business offense and is 12 subject to a fine not to exceed $250. 13 Any person engaged in the business of selling tangible 14 personal property at retail as a concessionaire or other type 15 of seller at the Illinois State Fair, county fairs, art 16 shows, flea markets and similar exhibitions or events, or any 17 transient merchants, as defined by Section 2 of the Transient 18 Merchant Act of 1987, may be required to make a daily report 19 of the amount of such sales to the Department and to make a 20 daily payment of the full amount of tax due. The Department 21 shall impose this requirement when it finds that there is a 22 significant risk of loss of revenue to the State at such an 23 exhibition or event. Such a finding shall be based on 24 evidence that a substantial number of concessionaires or 25 other sellers who are not residents of Illinois will be 26 engaging in the business of selling tangible personal 27 property at retail at the exhibition or event, or other 28 evidence of a significant risk of loss of revenue to the 29 State. The Department shall notify concessionaires and other 30 sellers affected by the imposition of this requirement. In 31 the absence of notification by the Department, the 32 concessionaires and other sellers shall file their returns as 33 otherwise required in this Section. 34 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; HB0263 Enrolled -68- LRB9203561MWpk 1 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 2 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, 3 eff. 1-1-01; revised.) 4 Section 35. The Cigarette Tax Act is amended by changing 5 Section 29 as follows: 6 (35 ILCS 130/29) (from Ch. 120, par. 453.29) 7 Sec. 29. All moneys received by the Department from the 8 one-half mill tax imposed by the Sixty-fourth General 9 Assembly and all interest and penalties, received in 10 connection therewith under the provisions of this Act shall 11 be paid into the Metropolitan Fair and Exposition Authority 12 Reconstruction Fund. All other moneys received by the 13 Department under this Act shall be paid into the General 14 Revenue Fund in the State treasury. After there has been paid 15 into the Metropolitan Fair and Exposition Authority 16 Reconstruction Fund sufficient money to pay in full both 17 principal and interest, all of the outstanding bonds issued 18 pursuant to the "Fair and Exposition Authority Reconstruction 19 Act", the State Treasurer and Comptroller shall transfer to 20 the General Revenue Fund the balance of moneys remaining in 21 the Metropolitan Fair and Exposition Authority Reconstruction 22 Fund except for $2,500,000 which shall remain in the 23 Metropolitan Fair and Exposition Authority Reconstruction 24 Fund and which may be appropriated by the General Assembly 25 for the corporate purposes of the Metropolitan Pier and 26 Exposition Authority. All monies received by the Department 27 in fiscal year 1978 and thereafter from the one-half mill tax 28 imposed by the Sixty-fourth General Assembly, and all 29 interest and penalties received in connection therewith under 30 the provisions of this Act, shall be paid into the General 31 Revenue Fund, except that the Department shall pay the first 32 $4,800,000 received in fiscal yearsyear1979 through 2001 HB0263 Enrolled -69- LRB9203561MWpk 1and each fiscal year thereafterfrom that one-half mill tax 2 into the Metropolitan Fair and Exposition Authority 3 Reconstruction Fund which monies may be appropriated by the 4 General Assembly for the corporate purposes of the 5 Metropolitan Pier and Exposition Authority. 6 In fiscal year 2002 and each fiscal year thereafter, the 7 first $4,800,000 from the one-half mill tax shall be paid 8 into the Statewide Economic Development Fund. 9 (Source: P.A. 87-895.) 10 Section 40. The Metropolitan Pier and Exposition 11 Authority Act is amended by changing Sections 5, 10, 13.2, 12 and 23.1 as follows: 13 (70 ILCS 210/5) (from Ch. 85, par. 1225) 14 Sec. 5. The Metropolitan Pier and Exposition Authority 15 shall also have the following rights and powers: 16 (a) To accept from Chicago Park Fair, a 17 corporation, an assignment of whatever sums of money it 18 may have received from the Fair and Exposition Fund, 19 allocated by the Department of Agriculture of the State 20 of Illinois, and Chicago Park Fair is hereby authorized 21 to assign, set over and transfer any of those funds to 22 the Metropolitan Pier and Exposition Authority. The 23 Authority has the right and power hereafter to receive 24 sums as may be distributed to it by the Department of 25 Agriculture of the State of Illinois from the Fair and 26 Exposition Fund pursuant to the provisions of Sections 5, 27 6i, and 28 of the State Finance Act. All sums received 28 by the Authority shall be held in the sole custody of the 29 secretary-treasurer of the Metropolitan Pier and 30 Exposition Board. 31 (b) To accept the assignment of, assume and execute 32 any contracts heretofore entered into by Chicago Park HB0263 Enrolled -70- LRB9203561MWpk 1 Fair. 2 (c) To acquire, own, construct, equip, lease, 3 operate and maintain grounds, buildings and facilities to 4 carry out its corporate purposes and duties, and to carry 5 out or otherwise provide for the recreational, cultural, 6 commercial or residential development of Navy Pier, and 7 to fix and collect just, reasonable and nondiscriminatory 8 charges for the use thereof. The charges so collected 9 shall be made available to defray the reasonable expenses 10 of the Authority and to pay the principal of and the 11 interest upon any revenue bonds issued by the Authority. 12 The Authority shall be subject to and comply with the 13 Lake Michigan and Chicago Lakefront Protection Ordinance, 14 the Chicago Building Code, the Chicago Zoning Ordinance, 15 and all ordinances and regulations of the City of Chicago 16 contained in the following Titles of the Municipal Code 17 of Chicago: Businesses, Occupations and Consumer 18 Protection; Health and Safety; Fire Prevention; Public 19 Peace, Morals and Welfare; Utilities and Environmental 20 Protection; Streets, Public Ways, Parks, Airports and 21 Harbors; Electrical Equipment and Installation; Housing 22 and Economic Development (only Chapter 5-4 thereof); and 23 Revenue and Finance (only so far as such Title pertains 24 to the Authority's duty to collect taxes on behalf of the 25 City of Chicago). 26 (d) To enter into contracts treating in any manner 27 with the objects and purposes of this Act. 28 (e) To lease any buildings to the Adjutant General 29 of the State of Illinois for the use of the Illinois 30 National Guard or the Illinois Naval Militia. 31 (f) To exercise the right of eminent domain by 32 condemnation proceedings in the manner provided by 33 Article VII of the Code of Civil Procedure, including, 34 with respect to Site B only, the authority to exercise HB0263 Enrolled -71- LRB9203561MWpk 1 quick take condemnation by immediate vesting of title 2 under Sections 7-103 through 7-112 of the Code of Civil 3 Procedure, to acquire any privately owned real or 4 personal property and, with respect to Site B only, 5 public property used for rail transportation purposes 6 (but no such taking of such public property shall, in the 7 reasonable judgment of the owner, interfere with such 8 rail transportation) for the lawful purposes of the 9 Authority in Site A, at Navy Pier, and at Site B. Just 10 compensation for property taken or acquired under this 11 paragraph shall be paid in money or, notwithstanding any 12 other provision of this Act and with the agreement of the 13 owner of the property to be taken or acquired, the 14 Authority may convey substitute property or interests in 15 property or enter into agreements with the property 16 owner, including leases, licenses, or concessions, with 17 respect to any property owned by the Authority, or may 18 provide for other lawful forms of just compensation to 19 the owner. Any property acquired in condemnation 20 proceedings shall be used only as provided in this Act. 21 Except as otherwise provided by law, the City of Chicago 22 shall have a right of first refusal prior to any sale of 23 any such property by the Authority to a third party other 24 than substitute property. The Authority shall develop and 25 implement a relocation plan for businesses displaced as a 26 result of the Authority's acquisition of property. The 27 relocation plan shall be substantially similar to 28 provisions of the Uniform Relocation Assistance and Real 29 Property Acquisition Act and regulations promulgated 30 under that Act relating to assistance to displaced 31 businesses. To implement the relocation plan the 32 Authority may acquire property by purchase or gift or may 33 exercise the powers authorized in this subsection (f), 34 except the immediate vesting of title under Sections HB0263 Enrolled -72- LRB9203561MWpk 1 7-103 through 7-112 of the Code of Civil Procedure, to 2 acquire substitute private property within one mile of 3 Site B for the benefit of displaced businesses located on 4 property being acquired by the Authority. However, no 5 such substitute property may be acquired by the Authority 6 unless the mayor of the municipality in which the 7 property is located certifies in writing that the 8 acquisition is consistent with the municipality's land 9 use and economic development policies and goals. The 10 acquisition of substitute property is declared to be for 11 public use. In exercising the powers authorized in this 12 subsection (f), the Authority shall use its best efforts 13 to relocate businesses within the area of McCormick Place 14 or, failing that, within the City of Chicago. 15 (g) To enter into contracts relating to 16 construction projects which provide for the delivery by 17 the contractor of a completed project, structure, 18 improvement, or specific portion thereof, for a fixed 19 maximum price, which contract may provide that the 20 delivery of the project, structure, improvement, or 21 specific portion thereof, for the fixed maximum price is 22 insured or guaranteed by a third party capable of 23 completing the construction. 24 (h) To enter into agreements with any person with 25 respect to the use and occupancy of the grounds, 26 buildings, and facilities of the Authority, including 27 concession, license, and lease agreements on terms and 28 conditions as the Authority determines. Notwithstanding 29 Section 24, agreements with respect to the use and 30 occupancy of the grounds, buildings, and facilities of 31 the Authority for a term of more than one year shall be 32 entered into in accordance with the procurement process 33 provided for in Section 25.1. 34 (i) To enter into agreements with any person with HB0263 Enrolled -73- LRB9203561MWpk 1 respect to the operation and management of the grounds, 2 buildings, and facilities of the Authority or the 3 provision of goods and services on terms and conditions 4 as the Authority determines. 5 (j) After conducting the procurement process 6 provided for in Section 25.1, to enter into one or more 7 contracts to provide for the design and construction of 8 all or part of the Authority's Expansion Project grounds, 9 buildings, and facilities. Any contract for design and 10 construction of the Expansion Project shall be in the 11 form authorized by subsection (g), shall be for a fixed 12 maximum price not in excess of the funds that are 13 authorized to be made availableunder the provisions of14this amendatory Act of 1991for those purposes during the 15 term of the contract, and shall be entered into before 16 commencement of construction. 17 (k) To enter into agreements, including project 18 agreements with labor unions, that the Authority deems 19 necessary to complete the Expansion Project or any other 20 construction or improvement project in the most timely 21 and efficient manner and without strikes, picketing, or 22 other actions that might cause disruption or delay and 23 thereby add to the cost of the project. 24 Nothing in this Act shall be construed to authorize the 25 Authority to spend the proceeds of any bonds or notes issued 26 under Section 13.2 or any taxes levied under Section 13 to 27 construct a stadium to be leased to or used by professional 28 sports teams. 29 (Source: P.A. 91-101, eff. 7-12-99; 91-357, eff. 7-29-99.) 30 (70 ILCS 210/10) (from Ch. 85, par. 1230) 31 Sec. 10. The Authority shall have the continuing power 32 to borrow money for the purpose of carrying out and 33 performing its duties and exercising its powers under this HB0263 Enrolled -74- LRB9203561MWpk 1 Act. 2 For the purpose of evidencing the obligation of the 3 Authority to repay any money borrowed as aforesaid, the 4 Authority may, pursuant to ordinance adopted by the Board, 5 from time to time issue and dispose of its revenue bonds and 6 notes (herein collectively referred to as bonds), and may 7 also from time to time issue and dispose of its revenue bonds 8 to refund any bonds at maturity or pursuant to redemption 9 provisions or at any time before maturity as provided for in 10 Section 10.1. All such bonds shall be payable solely from any 11 one or more of the following sources: the revenues or income 12 to be derived from the fairs, expositions, meetings, and 13 conventions and other authorized activities of the Authority; 14 funds, if any, received and to be received by the Authority 15 from the Fair and Exposition Fund, as allocated by the 16 Department of Agriculture of this State; from the 17 Metropolitan Fair and Exposition Authority Reconstruction 18 Fund; from the Metropolitan Fair and Exposition Authority 19 Improvement Bond Fund pursuant to appropriation by the 20 General Assembly; from the McCormick Place Expansion Project 21 Fund pursuant to appropriation by the General Assembly; from 22 any revenues or funds pledged or provided for such purposes 23 by any governmental agency; from any revenues of the 24 Authority from taxes it is authorized to impose; from the 25 proceeds of refunding bonds issued for that purpose; or from 26 any other lawful source derived. Such bonds may bear such 27 date or dates, may mature at such time or times not exceeding 28 4035years from their respective dates, may bear interest at 29 such rate or rates payable at such times, may be in such 30 form, may carry such registration privileges, may be executed 31 in such manner, may be payable at such place or places, may 32 be made subject to redemption in such manner and upon such 33 terms, with or without premium as is stated on the face 34 thereof, may be executed in such manner and may contain such HB0263 Enrolled -75- LRB9203561MWpk 1 terms and covenants, all as may be provided in the ordinance 2 adopted by the Board providing for such bonds. In case any 3 officer whose signature appears on any bond ceases (after 4 attaching his signature) to hold office, his signature shall 5 nevertheless be valid and effective for all purposes. The 6 holder or holders of any bonds or interest coupons 7 appertaining thereto issued by the Authority or any trustee 8 on behalf of the holders may bring civil actions to compel 9 the performance and observance by the Authority or any of its 10 officers, agents or employees of any contract or covenant 11 made by the Authority with the holders of such bonds or 12 interest coupons and to compel the Authority and any of its 13 officers, agents or employees to perform any duties required 14 to be performed for the benefit of the holders of any such 15 bonds or interest coupons by the provisions of the ordinance 16 authorizing their issuance and to enjoin the Authority and 17 any of its officers, agents or employees from taking any 18 action in conflict with any such contract or covenant. 19 Notwithstanding the form and tenor of any such bonds and 20 in the absence of any express recital on the face thereof 21 that it is non-negotiable, all such bonds shall be negotiable 22 instruments under the Uniform Commercial Code. 23 The bonds shall be sold by the corporate authorities of 24 the Authority in such manner as the corporate authorities 25 shall determine. 26 From and after the issuance of any bonds as herein 27 provided it shall be the duty of the corporate authorities of 28 the Authority to fix and establish rates, charges, rents and 29 fees for the use of its grounds, buildings, and facilities 30 that will be sufficient at all times, together with other 31 revenues of the Authority available for that purpose, to pay: 32 (a) The cost of maintaining, repairing, regulating 33 and operating the grounds, buildings, and facilities; and 34 (b) The bonds and interest thereon as they shall HB0263 Enrolled -76- LRB9203561MWpk 1 become due, and all sinking fund requirements and other 2 requirements provided by the ordinance authorizing the 3 issuance of the bonds or as provided by any trust 4 agreement executed to secure payment thereof. 5 The Authority may provide that bonds issued under this 6 Act shall be payable from and secured by an assignment and 7 pledge of and grant of a lien on and a security interest in 8 unexpended bond proceeds, the proceeds of any refunding 9 bonds, reserves or sinking funds and earnings thereon, or all 10 or any part of the moneys, funds, income and revenues of the 11 Authority from any source derived, including, without 12 limitation, any revenues of the Authority from taxes it is 13 authorized to impose, the net revenues of the Authority from 14 its operations, payments from the Metropolitan Fair and 15 Exposition Authority Improvement Bond Fund or from the 16 McCormick Place Expansion Project Fund to the Authority or 17 upon its direction to any trustee or trustees under any trust 18 agreement securing such bonds, payments from any governmental 19 agency, or any combination of the foregoing. In no event 20 shall a lien or security interest upon the physical 21 facilities of the Authority be created by any such lien, 22 pledge or security interest. The Authority may execute and 23 deliver a trust agreement or agreements to secure the payment 24 of such bonds and for the purpose of setting forth covenants 25 and undertakings of the Authority in connection with issuance 26 thereof. Such pledge, assignment and grant of a lien and 27 security interest shall be effective immediately without any 28 further filing or action and shall be effective with respect 29 to all persons regardless of whether any such person shall 30 have notice of such pledge, assignment, lien or security 31 interest. 32 In connection with the issuance of its bonds, the 33 Authority may enter into arrangements to provide additional 34 security and liquidity for the bonds. These may include, HB0263 Enrolled -77- LRB9203561MWpk 1 without limitation, municipal bond insurance, letters of 2 credit, lines of credit by which the Authority may borrow 3 funds to pay or redeem its bonds and purchase or remarketing 4 arrangements for assuring the ability of owners of the 5 Authority's bonds to sell or to have redeemed their bonds. 6 The Authority may enter into contracts and may agree to pay 7 fees to persons providing such arrangements, including from 8 bond proceeds. No such arrangement or contract shall be 9 considered a bond or note for purposes of any limitation on 10 the issuance of bonds or notes by the Authority. 11 The ordinance of the Board authorizing the issuance of 12 its bonds may provide that interest rates may vary from time 13 to time depending upon criteria established by the Board, 14 which may include, without limitation, a variation in 15 interest rates as may be necessary to cause bonds to be 16 remarketable from time to time at a price equal to their 17 principal amount, and may provide for appointment of a 18 national banking association, bank, trust company, investment 19 banker or other financial institution to serve as a 20 remarketing agent in that connection. The ordinance of the 21 board authorizing the issuance of its bonds may provide that 22 alternative interest rates or provisions will apply during 23 such times as the bonds are held by a person providing a 24 letter of credit or other credit enhancement arrangement for 25 those bonds. 26 To secure the payment of any or all of such bonds and for 27 the purpose of setting forth the covenants and undertakings 28 of the Authority in connection with the issuance thereof and 29 the issuance of any additional bonds payable from moneys, 30 funds, revenue and income of the Authority to be derived from 31 any source, the Authority may execute and deliver a trust 32 agreement or agreements; provided that no lien upon any real 33 property of the Authority shall be created thereby. 34 A remedy for any breach or default of the terms of any HB0263 Enrolled -78- LRB9203561MWpk 1 such trust agreement by the Authority may be by mandamus 2 proceedings in the circuit court to compel performance and 3 compliance therewith, but the trust agreement may prescribe 4 by whom or on whose behalf such action may be instituted. 5 In connection with the issuance of its bonds under this 6 Act, the Authority may enter into contracts that it 7 determines necessary or appropriate to permit it to manage 8 payment or interest rate risk. These contracts may include, 9 but are not limited to, interest rate exchange agreements; 10 contracts providing for payment or receipt of funds based on 11 levels of or changes in interest rates; contracts to exchange 12 cash flows or series of payments; and contracts incorporating 13 interest rate caps, collars, floors, or locks. 14 (Source: P.A. 87-733.) 15 (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2) 16 Sec. 13.2. The McCormick Place Expansion Project Fund is 17 created in the State Treasury. All moneys in the McCormick 18 Place Expansion Project Fund are allocated to and shall be 19 appropriated and used only for the purposes authorized by and 20 subject to the limitations and conditions of this Section. 21 Those amounts may be appropriated by law to the Authority for 22 the purposes of paying the debt service requirements on all 23 bonds and notes, including bonds and notes issued to refund 24 or advance refund bonds and notes issued under this Section 25 or issued to refund or advance refund bonds and notes 26 otherwise issued under this Act, (collectively referred to as 27 "bonds") to be issued by the Authority under this Section in 28 an aggregate original principal amount (excluding the amount 29 of any bonds and notes issued to refund or advance refund 30 bonds or notes issued under this Section) not to exceed 31 $2,107,000,000$1,307,000,000for the purposes of carrying 32 out and performing its duties and exercising its powers under 33 this Act. No bonds issued to refund or advance refund bonds HB0263 Enrolled -79- LRB9203561MWpk 1 issued under this Section may mature later than the longest 2 maturity date of the series of bonds being refunded. After 3 the aggregate original principal amount of bonds authorized 4 in this Section has been issued, the payment of any principal 5 amount of such bonds does not authorize the issuance of 6 additional bonds (except refunding bonds). 7 On the first day of each month commencing after July 1, 8 1993, amounts, if any, on deposit in the McCormick Place 9 Expansion Project Fund shall, subject to appropriation, be 10 paid in full to the Authority or, upon its direction, to the 11 trustee or trustees for bondholders of bonds that by their 12 terms are payable from the moneys received from the McCormick 13 Place Expansion Project Fund, until an amount equal to 100% 14 of the aggregate amount of the principal and interest in the 15 fiscal year, including that pursuant to sinking fund 16 requirements, has been so paid and deficiencies in reserves 17 shall have been remedied. 18 The State of Illinois pledges to and agrees with the 19 holders of the bonds of the Metropolitan Pier and Exposition 20 Authority issued under this Section that the State will not 21 limit or alter the rights and powers vested in the Authority 22 by this Act so as to impair the terms of any contract made by 23 the Authority with those holders or in any way impair the 24 rights and remedies of those holders until the bonds, 25 together with interest thereon, interest on any unpaid 26 installments of interest, and all costs and expenses in 27 connection with any action or proceedings by or on behalf of 28 those holders are fully met and discharged; provided that any 29 increase in the Tax Act Amounts specified in Section 3 of the 30 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, 31 Section 9 of the Service Use Tax Act, and Section 9 of the 32 Service Occupation Tax Act required to be deposited into the 33 Build Illinois Bond Account in the Build Illinois Fund 34 pursuant to any law hereafter enacted shall not be deemed to HB0263 Enrolled -80- LRB9203561MWpk 1 impair the rights of such holders so long as the increase 2 does not result in the aggregate debt service payable in the 3 current or any future fiscal year of the State on all bonds 4 issued pursuant to the Build Illinois Bond Act and the 5 Metropolitan Pier and Exposition Authority Act and payable 6 from tax revenues specified in Section 3 of the Retailers' 7 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 8 of the Service Use Tax Act, and Section 9 of the Service 9 Occupation Tax Act exceeding 33 1/3% of such tax revenues for 10 the most recently completed fiscal year of the State at the 11 time of such increase. In addition, the State pledges to and 12 agrees with the holders of the bonds of the Authority issued 13 under this Section that the State will not limit or alter the 14 basis on which State funds are to be paid to the Authority as 15 provided in this Act or the use of those funds so as to 16 impair the terms of any such contract; provided that any 17 increase in the Tax Act Amounts specified in Section 3 of the 18 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, 19 Section 9 of the Service Use Tax Act, and Section 9 of the 20 Service Occupation Tax Act required to be deposited into the 21 Build Illinois Bond Account in the Build Illinois Fund 22 pursuant to any law hereafter enacted shall not be deemed to 23 impair the terms of any such contract so long as the increase 24 does not result in the aggregate debt service payable in the 25 current or any future fiscal year of the State on all bonds 26 issued pursuant to the Build Illinois Bond Act and the 27 Metropolitan Pier and Exposition Authority Act and payable 28 from tax revenues specified in Section 3 of the Retailers' 29 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 30 of the Service Use Tax Act, and Section 9 of the Service 31 Occupation Tax Act exceeding 33 1/3% of such tax revenues for 32 the most recently completed fiscal year of the State at the 33 time of such increase. The Authority is authorized to include 34 these pledges and agreements with the State in any contract HB0263 Enrolled -81- LRB9203561MWpk 1 with the holders of bonds issued under this Section. 2 The State shall not be liable on bonds of the Authority 3 issued under this Section those bonds shall not be a debt of 4 the State, and this Act shall not be construed as a guarantee 5 by the State of the debts of the Authority. The bonds shall 6 contain a statement to this effect on the face of the bonds. 7 (Source: P.A. 90-612, eff. 7-8-98; 91-101, eff. 7-12-99.) 8 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1) 9 Sec. 23.1. Affirmative action. 10 (a) The Authority shall, within 90 days after the 11 effective date of this amendatory Act of 1984, establish and 12 maintain an affirmative action program designed to promote 13 equal employment opportunity and eliminate the effects of 14 past discrimination. Such program shall include a plan, 15 including timetables where appropriate, which shall specify 16 goals and methods for increasing participation by women and 17 minorities in employment by the Authority and by parties 18 which contract with the Authority. The Authority shall 19 submit a detailed plan with the General Assembly prior to 20 September 1 of each year. Such program shall also establish 21 procedures and sanctions (including debarment), which the 22 Authority shall enforce to ensure compliance with the plan 23 established pursuant to this Section and with State and 24 federal laws and regulations relating to the employment of 25 women and minorities. A determination by the Authority as to 26 whether a party to a contract with the Authority has achieved 27 the goals or employed the methods for increasing 28 participation by women and minorities shall be determined in 29 accordance with the terms of such contracts or the applicable 30 provisions of rules and regulations of the Authority existing 31 at the time such contract was executed, including any 32 provisions for consideration of good faith efforts at 33 compliance which the Authority may reasonably adopt. HB0263 Enrolled -82- LRB9203561MWpk 1 (b) The Authority shall adopt and maintain minority and 2 female owned business enterprise procurement programs under 3 the affirmative action program described in subsection (a) 4 for any and all work undertaken by the Authority. That work 5 shall include, but is not limited to, the purchase of 6 professional services, construction services, supplies, 7 materials, and equipment. The programs shall establish goals 8 of awarding not less than 25% of the annual dollar value of 9 all contracts, purchase orders, or other agreements 10 (collectively referred to as "contracts") to minority owned 11 businesses and 5% of the annual dollar value of all contracts 12 to female owned businesses. Without limiting the generality 13 of the foregoing, the programs shall require in connection 14 with the prequalification or consideration of vendors for 15 professional service contracts, construction contracts, and 16 contracts for supplies, materials, equipment, and services 17 that each proposer or bidder submit as part of his or her 18 proposal or bid a commitment detailing how he or she will 19 expend 25% or more of the dollar value of his or her 20 contracts with one or more minority owned businesses and 5% 21 or more of the dollar value with one or more female owned 22 businesses. Bids or proposals that do not include such 23 detailed commitments are not responsive and shall be rejected 24 unless the Authority deems it appropriate to grant a waiver 25 of these requirements. In addition the Authority may, in 26 connection with the selection of providers of professional 27 services, reserve the right to select a minority or female 28 owned business or businesses to fulfill the commitment to 29 minority and female business participation. The commitment 30 to minority and female business participation may be met by 31 the contractor or professional service provider's status as a 32 minority or female owned business, by joint venture or by 33 subcontracting a portion of the work with or purchasing 34 materials for the work from one or more such businesses, or HB0263 Enrolled -83- LRB9203561MWpk 1 by any combination thereof. Each contract shall require the 2 contractor or provider to submit a certified monthly report 3 detailing the status of that contractor or provider's 4 compliance with the Authority's minority and female owned 5 business enterprise procurement program. The Authority, 6 after reviewing the monthly reports of the contractors and 7 providers, shall compile a comprehensive report regarding 8 compliance with this procurement program and file it 9 quarterly with the General Assembly. If, in connection with 10 a particular contract, the Authority determines that it is 11 impracticable or excessively costly to obtain minority or 12 female owned businesses to perform sufficient work to fulfill 13 the commitment required by this subsection, the Authority 14 shall reduce or waive the commitment in the contract, as may 15 be appropriate. The Authority shall establish rules and 16 regulations setting forth the standards to be used in 17 determining whether or not a reduction or waiver is 18 appropriate. The terms "minority owned business" and "female 19 owned business" have the meanings given to those terms in the 20Minority and FemaleBusiness Enterprise for Minorities, 21 Females, and Persons with Disabilities Act. 22 (c) The Authority shall adopt and maintain an 23 affirmative action program in connection with the hiring of 24 minorities and women on the Expansion Project and on any and 25 all construction projects undertaken by the Authority. The 26 program shall be designed to promote equal employment 27 opportunity and shall specify the goals and methods for 28 increasing the participation of minorities and women in a 29 representative mix of job classifications required to perform 30 the respective contracts awarded by the Authority. 31 (d) In connection with the Expansion Project, the 32 Authority shall incorporate the following elements into its 33 minority and female owned business procurement programs to 34 the extent feasible: (1) a major contractors program that HB0263 Enrolled -84- LRB9203561MWpk 1 permits minority owned businesses and female owned businesses 2 to bear significant responsibility and risk for a portion of 3 the project; (2) a mentor/protege program that provides 4 financial, technical, managerial, equipment, and personnel 5 support to minority owned businesses and female owned 6 businesses; (3) an emerging firms program that includes 7 minority owned businesses and female owned businesses that 8 would not otherwise qualify for the project due to 9 inexperience or limited resources; (4) a small projects 10 program that includes participation by smaller minority owned 11 businesses and female owned businesses on jobs where the 12 total dollar value is $5,000,000 or less; and (5) a set-aside 13 program that will identify contracts requiring the 14 expenditure of funds less than $50,000 for bids to be 15 submitted solely by minority owned businesses and female 16 owned businesses. 17 (e) The Authority is authorized to enter into agreements 18 with contractors' associations, labor unions, and the 19 contractors working on the Expansion Project to establish an 20 Apprenticeship Preparedness Training Program to provide for 21 an increase in the number of minority and female journeymen 22 and apprentices in the building trades and to enter into 23 agreements with Community College District 508 to provide 24 readiness training. The Authority is further authorized to 25 enter into contracts with public and private educational 26 institutions and persons in the hospitality industry to 27 provide training for employment in the hospitality industry. 28 (f) McCormick Place Advisory Board. There is created a 29 McCormick Place Advisory Board composed as follows: 2 members 30 shall be appointed by the Mayor of Chicago; 2 members shall 31 be appointed by the Governor; 2 members shall be State 32 Senators appointed by the President of the Senate; 2 members 33 shall be State Senators appointed by the Minority Leader of 34 the Senate; 2 members shall be State Representatives HB0263 Enrolled -85- LRB9203561MWpk 1 appointed by the Speaker of the House of Representatives; and 2 2 members shall be State Representatives appointed by the 3 Minority Leader of the House of Representatives7 members4shall be named by the Authority who are residents of the area5surrounding the McCormick Place Expansion Project and are6either minorities, as defined in this subsection, or women; 77members shall be State Senators named by the President of the8Senate who are residents of the City of Chicago and are9either members of minority groups or women; and 7 members10shall be State Representatives named by the Speaker of the11House who are residents of the City of Chicago and are either12members of minority groups or women. The terms of all 13 previously appointed members of the Advisory Board expire on 14 the effective date of this amendatory Act of the 92nd General 15 Assembly. A State Senator or State Representative member may 16 appoint a designee to serve on the McCormick Place Advisory 17 Board in his or her absence. 18 A "member of a minority group" shall mean a person who is 19 a citizen or lawful permanent resident of the United States 20 and who is 21 (1) Black (a person having origins in any of the 22 black racial groups in Africa); 23 (2) Hispanic (a person of Spanish or Portuguese 24 culture with origins in Mexico, South or Central America, 25 or the Caribbean Islands, regardless of race); 26 (3) Asian American (a person having origins in any 27 of the original peoples of the Far East, Southeast Asia, 28 the Indian Subcontinent, or the Pacific Islands); or 29 (4) American Indian or Alaskan Native (a person 30 having origins in any of the original peoples of North 31 America). 32 Members of the McCormick Place Advisory Board shall serve 33 2-year terms and until their successors are appointed, except 34 members who serve as a result of their elected position whose HB0263 Enrolled -86- LRB9203561MWpk 1 terms shall continue as long as they hold their designated 2 elected positions. Vacancies shall be filled by appointment 3 for the unexpired term in the same manner as original 4 appointments are made. The McCormick Place Advisory Board 5 shall elect its own chairperson. 6 Members of the McCormick Place Advisory Board shall serve 7 without compensation but, at the Authority's discretion, 8 shall be reimbursed for necessary expenses in connection with 9 the performance of their duties. 10 The McCormick Place Advisory Board shall meet quarterly, 11 or as needed, shall produce any reports it deems necessary, 12 and shall: 13 (1) Work with the Authority on ways to improve the 14 area physically and economically; 15 (2) Work with the Authority regarding potential 16 means for providing increased economic opportunities to 17 minorities and women produced indirectly or directly from 18 the construction and operation of the Expansion Project; 19 (3) Work with the Authority to minimize any 20 potential impact on the area surrounding the McCormick 21 Place Expansion Project, including any impact on minority 22 or female owned businesses, resulting from the 23 construction and operation of the Expansion Project; 24 (4) Work with the Authority to find candidates for 25 building trades apprenticeships, for employment in the 26 hospitality industry, and to identify job training 27 programs; 28 (5) Work with the Authority to implement the 29 provisions of subsections (a) through (e) of this Section 30 in the construction of the Expansion Project, including 31 the Authority's goal of awarding not less than 25% and 5% 32 of the annual dollar value of contracts to minority and 33 female owned businesses, the outreach program for 34 minorities and women, and the mentor/protege program for HB0263 Enrolled -87- LRB9203561MWpk 1 providing assistance to minority and female owned 2 businesses. 3 (Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.) 4 Section 90. Inseverability. The provisions of this Act 5 are mutually dependent and inseverable. If any provision or 6 its application to any person or circumstance is held 7 invalid, than this entire Act is invalid. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.