Illinois General Assembly - Full Text of HB4560
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Full Text of HB4560  100th General Assembly

HB4560enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4560 EnrolledLRB100 17364 AWJ 32529 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Transportation Development Partnership Act
5is amended by changing Section 5 as follows:
 
6    (30 ILCS 177/5)
7    Sec. 5. Transportation Development Partnership Trust Fund.
8The Transportation Development Partnership Trust Fund is
9created as a trust fund in the State treasury. The State
10Treasurer shall be the custodian of the Fund. If a county or an
11entity created by an intergovernmental agreement between 2 or
12more counties elects to participate under Section 5-1035.1 or
135-1006.5 of the Counties Code or designates funds by ordinance,
14the Department of Revenue shall transfer to the State Treasurer
15all or a portion of the taxes and penalties collected under the
16Special County Retailers' Retailers Occupation Tax For Public
17Safety, Public Facilities, Mental Health, Substance Abuse, or
18Transportation and under the County Option Motor Fuel Tax or
19the funds designated by the county or entity by ordinance into
20the Transportation Development Partnership Trust Fund. The
21Department of Transportation shall maintain a separate account
22for each participating county or entity within the Fund. The
23Department of Transportation shall administer the Fund.

 

 

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1    Moneys in the Fund shall be used for transportation-related
2projects. The Department of Transportation and participating
3counties or entities may, at the Secretary's discretion under
4agency procedures, enter into an intergovernmental agreement.
5The agreement shall at a minimum:
6        (1) Describe the project to be constructed from the
7    Department of Transportation's Multi-Year Highway
8    Improvement Program.
9        (2) Provide that an eligible project cost a minimum of
10    $5,000,000.
11        (3) Provide that the county or entity must raise a
12    significant percentage, no less than the amount
13    contributed by the State, of required federal matching
14    funds.
15        (4) Provide that the Secretary of Transportation must
16    certify that the county or entity has transferred the
17    required moneys to the Fund and the certification shall be
18    transmitted to each county or entity no more than 30 days
19    after the final deposit is made.
20        (5) Provide for the repayment, without interest, to the
21    county or entity of the moneys contributed by the county or
22    entity to the Fund, less 10% of the aggregate funds
23    contributed as matching funds and as federal funds.
24        (6) Provide that the repayment of the moneys
25    contributed by the county or the entity shall be made by
26    the Department of Transportation no later than 10 years

 

 

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1    after the certification by the Secretary of Transportation
2    that the money has been deposited by the county or entity
3    into the Fund.
4(Source: P.A. 96-845, eff. 7-1-12.)
 
5    Section 10. The Simplified Sales and Use Tax Administration
6Act is amended by changing Section 2 as follows:
 
7    (35 ILCS 171/2)
8    Sec. 2. Definitions. As used in this Act:
9    (a) "Agreement" means the Streamlined Sales and Use Tax
10Agreement as amended and adopted on January 27, 2001.
11    (b) "Certified Automated System" means software certified
12jointly by the states that are signatories to the Agreement to
13calculate the tax imposed by each jurisdiction on a
14transaction, determine the amount of tax to remit to the
15appropriate state, and maintain a record of the transaction.
16    (c) "Certified Service Provider" means an agent certified
17jointly by the states that are signatories to the Agreement to
18perform all of the seller's sales tax functions.
19    (d) "Person" means an individual, trust, estate,
20fiduciary, partnership, limited liability company, limited
21liability partnership, corporation, or any other legal entity.
22    (e) "Sales Tax" means the tax levied under the Service
23Occupation Tax Act (35 ILCS 115/) and the Retailers' Occupation
24Tax Act (35 ILCS 120/). "Sales tax" also means any local sales

 

 

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1tax levied under the Home Rule Municipal Retailers' Occupation
2Tax Act (65 ILCS 5/8-11-1), the Non-Home Rule Municipal
3Retailers' Occupation Tax Act (65 ILCS 5/8-11-1.3), the
4Non-Home Rule Municipal Service Occupation Tax Act (65 ILCS
55/8-11-1.4), the Home Rule Municipal Service Occupation Tax (65
6ILCS 5/8-11-5), the Home Rule County Retailers' Occupation Tax
7Law (55 ILCS 5/5-1006), the Special County Occupation Tax for
8Public Safety, Public Facilities, Mental Health, Substance
9Abuse, or Transportation Law (55 ILCS 5/5-1006.5), the Home
10Rule County Service Occupation Tax Law (55 ILCS 5/5-1007),
11subsection (b) of the Rock Island County Use and Occupation Tax
12Law (55 ILCS 5/5-1008.5(b)), the Metro East Mass Transit
13District Retailers' Occupation Tax (70 ILCS 3610/5.01(b)), the
14Metro East Mass Transit District Service Occupation Tax (70
15ILCS 3610/5.01(c)), the Regional Transportation Authority
16Retailers' Occupation Tax (70 ILCS 3615/4.03(e)), the Regional
17Transportation Authority Service Occupation Tax (70 ILCS
183615/4.03(f)), the County Water Commission Retailers'
19Occupation Tax (70 ILCS 3720/4(b)), or the County Water
20Commission Service Occupation Tax (70 ILCS 3720/4(c)).
21    (f) "Seller" means any person making sales of personal
22property or services.
23    (g) "State" means any state of the United States and the
24District of Columbia.
25    (h) "Use tax" means the tax levied under the Use Tax Act
26(35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use

 

 

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1tax" also means any local use tax levied under the Home Rule
2Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the
3State and the municipality have entered into an agreement that
4provides for administration of the tax by the State.
5(Source: P.A. 92-221, eff. 8-2-01.)
 
6    Section 15. The Counties Code is amended by changing
7Section 5-1006.5 as follows:
 
8    (55 ILCS 5/5-1006.5)
9    Sec. 5-1006.5. Special County Retailers' Occupation Tax
10For Public Safety, Public Facilities, Mental Health, Substance
11Abuse, or Transportation.
12    (a) The county board of any county may impose a tax upon
13all persons engaged in the business of selling tangible
14personal property, other than personal property titled or
15registered with an agency of this State's government, at retail
16in the county on the gross receipts from the sales made in the
17course of business to provide revenue to be used exclusively
18for public safety, public facility, mental health, substance
19abuse, or transportation purposes in that county, if a
20proposition for the tax has been submitted to the electors of
21that county and approved by a majority of those voting on the
22question. If imposed, this tax shall be imposed only in
23one-quarter percent increments. By resolution, the county
24board may order the proposition to be submitted at any

 

 

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1election. If the tax is imposed for transportation purposes for
2expenditures for public highways or as authorized under the
3Illinois Highway Code, the county board must publish notice of
4the existence of its long-range highway transportation plan as
5required or described in Section 5-301 of the Illinois Highway
6Code and must make the plan publicly available prior to
7approval of the ordinance or resolution imposing the tax. If
8the tax is imposed for transportation purposes for expenditures
9for passenger rail transportation, the county board must
10publish notice of the existence of its long-range passenger
11rail transportation plan and must make the plan publicly
12available prior to approval of the ordinance or resolution
13imposing the tax.
14    If a tax is imposed for public facilities purposes, then
15the name of the project may be included in the proposition at
16the discretion of the county board as determined in the
17enabling resolution. For example, the "XXX Nursing Home" or the
18"YYY Museum".
19    The county clerk shall certify the question to the proper
20election authority, who shall submit the proposition at an
21election in accordance with the general election law.
22        (1) The proposition for public safety purposes shall be
23    in substantially the following form:
24        "To pay for public safety purposes, shall (name of
25    county) be authorized to impose an increase on its share of
26    local sales taxes by (insert rate)?"

 

 

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1        As additional information on the ballot below the
2    question shall appear the following:
3        "This would mean that a consumer would pay an
4    additional (insert amount) in sales tax for every $100 of
5    tangible personal property bought at retail."
6        The county board may also opt to establish a sunset
7    provision at which time the additional sales tax would
8    cease being collected, if not terminated earlier by a vote
9    of the county board. If the county board votes to include a
10    sunset provision, the proposition for public safety
11    purposes shall be in substantially the following form:
12        "To pay for public safety purposes, shall (name of
13    county) be authorized to impose an increase on its share of
14    local sales taxes by (insert rate) for a period not to
15    exceed (insert number of years)?"
16        As additional information on the ballot below the
17    question shall appear the following:
18        "This would mean that a consumer would pay an
19    additional (insert amount) in sales tax for every $100 of
20    tangible personal property bought at retail. If imposed,
21    the additional tax would cease being collected at the end
22    of (insert number of years), if not terminated earlier by a
23    vote of the county board."
24        For the purposes of the paragraph, "public safety
25    purposes" means crime prevention, detention, fire
26    fighting, police, medical, ambulance, or other emergency

 

 

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1    services.
2        Votes shall be recorded as "Yes" or "No".
3        Beginning on the January 1 or July 1, whichever is
4    first, that occurs not less than 30 days after May 31, 2015
5    (the effective date of Public Act 99-4), Adams County may
6    impose a public safety retailers' occupation tax and
7    service occupation tax at the rate of 0.25%, as provided in
8    the referendum approved by the voters on April 7, 2015,
9    notwithstanding the omission of the additional information
10    that is otherwise required to be printed on the ballot
11    below the question pursuant to this item (1).
12        (2) The proposition for transportation purposes shall
13    be in substantially the following form:
14        "To pay for improvements to roads and other
15    transportation purposes, shall (name of county) be
16    authorized to impose an increase on its share of local
17    sales taxes by (insert rate)?"
18        As additional information on the ballot below the
19    question shall appear the following:
20        "This would mean that a consumer would pay an
21    additional (insert amount) in sales tax for every $100 of
22    tangible personal property bought at retail."
23        The county board may also opt to establish a sunset
24    provision at which time the additional sales tax would
25    cease being collected, if not terminated earlier by a vote
26    of the county board. If the county board votes to include a

 

 

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1    sunset provision, the proposition for transportation
2    purposes shall be in substantially the following form:
3        "To pay for road improvements and other transportation
4    purposes, shall (name of county) be authorized to impose an
5    increase on its share of local sales taxes by (insert rate)
6    for a period not to exceed (insert number of years)?"
7        As additional information on the ballot below the
8    question shall appear the following:
9        "This would mean that a consumer would pay an
10    additional (insert amount) in sales tax for every $100 of
11    tangible personal property bought at retail. If imposed,
12    the additional tax would cease being collected at the end
13    of (insert number of years), if not terminated earlier by a
14    vote of the county board."
15        For the purposes of this paragraph, transportation
16    purposes means construction, maintenance, operation, and
17    improvement of public highways, any other purpose for which
18    a county may expend funds under the Illinois Highway Code,
19    and passenger rail transportation.
20        The votes shall be recorded as "Yes" or "No".
21        (3) The proposition for public facilities purposes
22    shall be in substantially the following form:
23        "To pay for public facilities purposes, shall (name of
24    county) be authorized to impose an increase on its share of
25    local sales taxes by (insert rate)?"
26        As additional information on the ballot below the

 

 

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1    question shall appear the following:
2        "This would mean that a consumer would pay an
3    additional (insert amount) in sales tax for every $100 of
4    tangible personal property bought at retail."
5        The county board may also opt to establish a sunset
6    provision at which time the additional sales tax would
7    cease being collected, if not terminated earlier by a vote
8    of the county board. If the county board votes to include a
9    sunset provision, the proposition for public facilities
10    purposes shall be in substantially the following form:
11        "To pay for public facilities purposes, shall (name of
12    county) be authorized to impose an increase on its share of
13    local sales taxes by (insert rate) for a period not to
14    exceed (insert number of years)?"
15        As additional information on the ballot below the
16    question shall appear the following:
17        "This would mean that a consumer would pay an
18    additional (insert amount) in sales tax for every $100 of
19    tangible personal property bought at retail. If imposed,
20    the additional tax would cease being collected at the end
21    of (insert number of years), if not terminated earlier by a
22    vote of the county board."
23        For purposes of this Section, "public facilities
24    purposes" means the acquisition, development,
25    construction, reconstruction, rehabilitation, improvement,
26    financing, architectural planning, and installation of

 

 

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1    capital facilities consisting of buildings, structures,
2    and durable equipment and for the acquisition and
3    improvement of real property and interest in real property
4    required, or expected to be required, in connection with
5    the public facilities, for use by the county for the
6    furnishing of governmental services to its citizens,
7    including but not limited to museums and nursing homes.
8        The votes shall be recorded as "Yes" or "No".
9        (4) The proposition for mental health purposes shall be
10    in substantially the following form:
11        "To pay for mental health purposes, shall (name of
12    county) be authorized to impose an increase on its share of
13    local sales taxes by (insert rate)?"
14        As additional information on the ballot below the
15    question shall appear the following:
16        "This would mean that a consumer would pay an
17    additional (insert amount) in sales tax for every $100 of
18    tangible personal property bought at retail."
19        The county board may also opt to establish a sunset
20    provision at which time the additional sales tax would
21    cease being collected, if not terminated earlier by a vote
22    of the county board. If the county board votes to include a
23    sunset provision, the proposition for public facilities
24    purposes shall be in substantially the following form:
25        "To pay for mental health purposes, shall (name of
26    county) be authorized to impose an increase on its share of

 

 

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1    local sales taxes by (insert rate) for a period not to
2    exceed (insert number of years)?"
3        As additional information on the ballot below the
4    question shall appear the following:
5        "This would mean that a consumer would pay an
6    additional (insert amount) in sales tax for every $100 of
7    tangible personal property bought at retail. If imposed,
8    the additional tax would cease being collected at the end
9    of (insert number of years), if not terminated earlier by a
10    vote of the county board."
11        The votes shall be recorded as "Yes" or "No".
12        (5) The proposition for substance abuse purposes shall
13    be in substantially the following form:
14        "To pay for substance abuse purposes, shall (name of
15    county) be authorized to impose an increase on its share of
16    local sales taxes by (insert rate)?"
17        As additional information on the ballot below the
18    question shall appear the following:
19        "This would mean that a consumer would pay an
20    additional (insert amount) in sales tax for every $100 of
21    tangible personal property bought at retail."
22        The county board may also opt to establish a sunset
23    provision at which time the additional sales tax would
24    cease being collected, if not terminated earlier by a vote
25    of the county board. If the county board votes to include a
26    sunset provision, the proposition for public facilities

 

 

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1    purposes shall be in substantially the following form:
2        "To pay for substance abuse purposes, shall (name of
3    county) be authorized to impose an increase on its share of
4    local sales taxes by (insert rate) for a period not to
5    exceed (insert number of years)?"
6        As additional information on the ballot below the
7    question shall appear the following:
8        "This would mean that a consumer would pay an
9    additional (insert amount) in sales tax for every $100 of
10    tangible personal property bought at retail. If imposed,
11    the additional tax would cease being collected at the end
12    of (insert number of years), if not terminated earlier by a
13    vote of the county board."
14        The votes shall be recorded as "Yes" or "No".
15    If a majority of the electors voting on the proposition
16vote in favor of it, the county may impose the tax. A county
17may not submit more than one proposition authorized by this
18Section to the electors at any one time.
19    This additional tax may not be imposed on the sales of food
20for human consumption that is to be consumed off the premises
21where it is sold (other than alcoholic beverages, soft drinks,
22and food which has been prepared for immediate consumption) and
23prescription and non-prescription medicines, drugs, medical
24appliances and insulin, urine testing materials, syringes, and
25needles used by diabetics. The tax imposed by a county under
26this Section and all civil penalties that may be assessed as an

 

 

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1incident of the tax shall be collected and enforced by the
2Illinois Department of Revenue and deposited into a special
3fund created for that purpose. The certificate of registration
4that is issued by the Department to a retailer under the
5Retailers' Occupation Tax Act shall permit the retailer to
6engage in a business that is taxable without registering
7separately with the Department under an ordinance or resolution
8under this Section. The Department has full power to administer
9and enforce this Section, to collect all taxes and penalties
10due under this Section, to dispose of taxes and penalties so
11collected in the manner provided in this Section, and to
12determine all rights to credit memoranda arising on account of
13the erroneous payment of a tax or penalty under this Section.
14In the administration of and compliance with this Section, the
15Department and persons who are subject to this Section shall
16(i) have the same rights, remedies, privileges, immunities,
17powers, and duties, (ii) be subject to the same conditions,
18restrictions, limitations, penalties, and definitions of
19terms, and (iii) employ the same modes of procedure as are
20prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
211n, 2 through 2-70 (in respect to all provisions contained in
22those Sections other than the State rate of tax), 2a, 2b, 2c, 3
23(except provisions relating to transaction returns and quarter
24monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
255j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
26of the Retailers' Occupation Tax Act and Section 3-7 of the

 

 

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1Uniform Penalty and Interest Act as if those provisions were
2set forth in this Section.
3    Persons subject to any tax imposed under the authority
4granted in this Section may reimburse themselves for their
5sellers' tax liability by separately stating the tax as an
6additional charge, which charge may be stated in combination,
7in a single amount, with State tax which sellers are required
8to collect under the Use Tax Act, pursuant to such bracketed
9schedules as the Department may prescribe.
10    Whenever the Department determines that a refund should be
11made under this Section to a claimant instead of issuing a
12credit memorandum, the Department shall notify the State
13Comptroller, who shall cause the order to be drawn for the
14amount specified and to the person named in the notification
15from the Department. The refund shall be paid by the State
16Treasurer out of the County Public Safety, Public Facilities,
17Mental Health, Substance Abuse, or Transportation Retailers'
18Occupation Tax Fund.
19    (b) If a tax has been imposed under subsection (a), a
20service occupation tax shall also be imposed at the same rate
21upon all persons engaged, in the county, in the business of
22making sales of service, who, as an incident to making those
23sales of service, transfer tangible personal property within
24the county as an incident to a sale of service. This tax may
25not be imposed on sales of food for human consumption that is
26to be consumed off the premises where it is sold (other than

 

 

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1alcoholic beverages, soft drinks, and food prepared for
2immediate consumption) and prescription and non-prescription
3medicines, drugs, medical appliances and insulin, urine
4testing materials, syringes, and needles used by diabetics. The
5tax imposed under this subsection and all civil penalties that
6may be assessed as an incident thereof shall be collected and
7enforced by the Department of Revenue. The Department has full
8power to administer and enforce this subsection; to collect all
9taxes and penalties due hereunder; to dispose of taxes and
10penalties so collected in the manner hereinafter provided; and
11to determine all rights to credit memoranda arising on account
12of the erroneous payment of tax or penalty hereunder. In the
13administration of, and compliance with this subsection, the
14Department and persons who are subject to this paragraph shall
15(i) have the same rights, remedies, privileges, immunities,
16powers, and duties, (ii) be subject to the same conditions,
17restrictions, limitations, penalties, exclusions, exemptions,
18and definitions of terms, and (iii) employ the same modes of
19procedure as are prescribed in Sections 2 (except that the
20reference to State in the definition of supplier maintaining a
21place of business in this State shall mean the county), 2a, 2b,
222c, 3 through 3-50 (in respect to all provisions therein other
23than the State rate of tax), 4 (except that the reference to
24the State shall be to the county), 5, 7, 8 (except that the
25jurisdiction to which the tax shall be a debt to the extent
26indicated in that Section 8 shall be the county), 9 (except as

 

 

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1to the disposition of taxes and penalties collected), 10, 11,
212 (except the reference therein to Section 2b of the
3Retailers' Occupation Tax Act), 13 (except that any reference
4to the State shall mean the county), Section 15, 16, 17, 18, 19
5and 20 of the Service Occupation Tax Act and Section 3-7 of the
6Uniform Penalty and Interest Act, as fully as if those
7provisions were set forth herein.
8    Persons subject to any tax imposed under the authority
9granted in this subsection may reimburse themselves for their
10serviceman's tax liability by separately stating the tax as an
11additional charge, which charge may be stated in combination,
12in a single amount, with State tax that servicemen are
13authorized to collect under the Service Use Tax Act, in
14accordance with such bracket schedules as the Department may
15prescribe.
16    Whenever the Department determines that a refund should be
17made under this subsection to a claimant instead of issuing a
18credit memorandum, the Department shall notify the State
19Comptroller, who shall cause the warrant to be drawn for the
20amount specified, and to the person named, in the notification
21from the Department. The refund shall be paid by the State
22Treasurer out of the County Public Safety, Public Facilities,
23Mental Health, Substance Abuse, or Transportation Retailers'
24Occupation Fund.
25    Nothing in this subsection shall be construed to authorize
26the county to impose a tax upon the privilege of engaging in

 

 

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1any business which under the Constitution of the United States
2may not be made the subject of taxation by the State.
3    (c) The Department shall immediately pay over to the State
4Treasurer, ex officio, as trustee, all taxes and penalties
5collected under this Section to be deposited into the County
6Public Safety, Public Facilities, Mental Health, Substance
7Abuse, or Transportation Retailers' Occupation Tax Fund, which
8shall be an unappropriated trust fund held outside of the State
9treasury.
10    As soon as possible after the first day of each month,
11beginning January 1, 2011, upon certification of the Department
12of Revenue, the Comptroller shall order transferred, and the
13Treasurer shall transfer, to the STAR Bonds Revenue Fund the
14local sales tax increment, as defined in the Innovation
15Development and Economy Act, collected under this Section
16during the second preceding calendar month for sales within a
17STAR bond district.
18    After the monthly transfer to the STAR Bonds Revenue Fund,
19on or before the 25th day of each calendar month, the
20Department shall prepare and certify to the Comptroller the
21disbursement of stated sums of money to the counties from which
22retailers have paid taxes or penalties to the Department during
23the second preceding calendar month. The amount to be paid to
24each county, and deposited by the county into its special fund
25created for the purposes of this Section, shall be the amount
26(not including credit memoranda) collected under this Section

 

 

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1during the second preceding calendar month by the Department
2plus an amount the Department determines is necessary to offset
3any amounts that were erroneously paid to a different taxing
4body, and not including (i) an amount equal to the amount of
5refunds made during the second preceding calendar month by the
6Department on behalf of the county, (ii) any amount that the
7Department determines is necessary to offset any amounts that
8were payable to a different taxing body but were erroneously
9paid to the county, (iii) any amounts that are transferred to
10the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder,
11which shall be transferred into the Tax Compliance and
12Administration Fund. The Department, at the time of each
13monthly disbursement to the counties, shall prepare and certify
14to the State Comptroller the amount to be transferred into the
15Tax Compliance and Administration Fund under this subsection.
16Within 10 days after receipt by the Comptroller of the
17disbursement certification to the counties and the Tax
18Compliance and Administration Fund provided for in this Section
19to be given to the Comptroller by the Department, the
20Comptroller shall cause the orders to be drawn for the
21respective amounts in accordance with directions contained in
22the certification.
23    In addition to the disbursement required by the preceding
24paragraph, an allocation shall be made in March of each year to
25each county that received more than $500,000 in disbursements
26under the preceding paragraph in the preceding calendar year.

 

 

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1The allocation shall be in an amount equal to the average
2monthly distribution made to each such county under the
3preceding paragraph during the preceding calendar year
4(excluding the 2 months of highest receipts). The distribution
5made in March of each year subsequent to the year in which an
6allocation was made pursuant to this paragraph and the
7preceding paragraph shall be reduced by the amount allocated
8and disbursed under this paragraph in the preceding calendar
9year. The Department shall prepare and certify to the
10Comptroller for disbursement the allocations made in
11accordance with this paragraph.
12    A county may direct, by ordinance, that all or a portion of
13the taxes and penalties collected under the Special County
14Retailers' Occupation Tax For Public Safety, Public
15Facilities, Mental Health, Substance Abuse, or Transportation
16be deposited into the Transportation Development Partnership
17Trust Fund.
18    (d) For the purpose of determining the local governmental
19unit whose tax is applicable, a retail sale by a producer of
20coal or another mineral mined in Illinois is a sale at retail
21at the place where the coal or other mineral mined in Illinois
22is extracted from the earth. This paragraph does not apply to
23coal or another mineral when it is delivered or shipped by the
24seller to the purchaser at a point outside Illinois so that the
25sale is exempt under the United States Constitution as a sale
26in interstate or foreign commerce.

 

 

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1    (e) Nothing in this Section shall be construed to authorize
2a county to impose a tax upon the privilege of engaging in any
3business that under the Constitution of the United States may
4not be made the subject of taxation by this State.
5    (e-5) If a county imposes a tax under this Section, the
6county board may, by ordinance, discontinue or lower the rate
7of the tax. If the county board lowers the tax rate or
8discontinues the tax, a referendum must be held in accordance
9with subsection (a) of this Section in order to increase the
10rate of the tax or to reimpose the discontinued tax.
11    (f) Beginning April 1, 1998 and through December 31, 2013,
12the results of any election authorizing a proposition to impose
13a tax under this Section or effecting a change in the rate of
14tax, or any ordinance lowering the rate or discontinuing the
15tax, shall be certified by the county clerk and filed with the
16Illinois Department of Revenue either (i) on or before the
17first day of April, whereupon the Department shall proceed to
18administer and enforce the tax as of the first day of July next
19following the filing; or (ii) on or before the first day of
20October, whereupon the Department shall proceed to administer
21and enforce the tax as of the first day of January next
22following the filing.
23    Beginning January 1, 2014, the results of any election
24authorizing a proposition to impose a tax under this Section or
25effecting an increase in the rate of tax, along with the
26ordinance adopted to impose the tax or increase the rate of the

 

 

HB4560 Enrolled- 22 -LRB100 17364 AWJ 32529 b

1tax, or any ordinance adopted to lower the rate or discontinue
2the tax, shall be certified by the county clerk and filed with
3the Illinois Department of Revenue either (i) on or before the
4first day of May, whereupon the Department shall proceed to
5administer and enforce the tax as of the first day of July next
6following the adoption and filing; or (ii) on or before the
7first day of October, whereupon the Department shall proceed to
8administer and enforce the tax as of the first day of January
9next following the adoption and filing.
10    (g) When certifying the amount of a monthly disbursement to
11a county under this Section, the Department shall increase or
12decrease the amounts by an amount necessary to offset any
13miscalculation of previous disbursements. The offset amount
14shall be the amount erroneously disbursed within the previous 6
15months from the time a miscalculation is discovered.
16    (h) This Section may be cited as the "Special County
17Occupation Tax For Public Safety, Public Facilities, Mental
18Health, Substance Abuse, or Transportation Law".
19    (i) For purposes of this Section, "public safety" includes,
20but is not limited to, crime prevention, detention, fire
21fighting, police, medical, ambulance, or other emergency
22services. The county may share tax proceeds received under this
23Section for public safety purposes, including proceeds
24received before August 4, 2009 (the effective date of Public
25Act 96-124), with any fire protection district located in the
26county. For the purposes of this Section, "transportation"

 

 

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1includes, but is not limited to, the construction, maintenance,
2operation, and improvement of public highways, any other
3purpose for which a county may expend funds under the Illinois
4Highway Code, and passenger rail transportation. For the
5purposes of this Section, "public facilities purposes"
6includes, but is not limited to, the acquisition, development,
7construction, reconstruction, rehabilitation, improvement,
8financing, architectural planning, and installation of capital
9facilities consisting of buildings, structures, and durable
10equipment and for the acquisition and improvement of real
11property and interest in real property required, or expected to
12be required, in connection with the public facilities, for use
13by the county for the furnishing of governmental services to
14its citizens, including but not limited to museums and nursing
15homes.
16    (j) The Department may promulgate rules to implement Public
17Act 95-1002 only to the extent necessary to apply the existing
18rules for the Special County Retailers' Occupation Tax for
19Public Safety to this new purpose for public facilities.
20(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
21eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.