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91st General Assembly
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Public Act 91-0051

SB144 Enrolled                                 LRB9101598PTpk

    AN ACT in relation to taxation.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   Short  title.  This Act may be cited as the
Governmental Tax Reform Validation Act.

    Section 10.  Re-enactment; findings; purpose; validation.
    (a)  The General Assembly finds and declares that:
         (1)  The amendatory  provisions  of  this  Act  were
    first  enacted  by  Public Act 85-1135 and all related to
    taxation.
              (A)  Article I of Public Act 85-1135, effective
         July  28,   1988,   contained   provisions   stating
         legislative intent.
              (B)  Article   II   of   Public   Act  85-1135,
         effective  January  1,  1990,  contained  provisions
         amending  or  creating  Sections  8-11-1,  8-11-1.1,
         8-11-1.2,  8-11-1.3,   8-11-1.4,   8-11-5,   8-11-6,
         8-11-6a,  8-11-16,  and  11-74.4-8a  of the Illinois
         Municipal Code; Sections 24a-1, 24a-2, 24a-3, 24a-4,
         and 25.05 of "An Act to revise the law  in  relation
         to  counties"; Section 4 of the Water Commission Act
         of 1985; Section 5.01  of  the  Local  Mass  Transit
         District Act; Sections 4.01, 4.03, 4.04, and 4.09 of
         the  Regional Transportation Authority Act; Sections
         3, 9, and 10b of the Use Tax Act; Sections 2, 3, 3d,
         7a, 9, 10, 10b, and 15 of the Service Use  Tax  Act;
         Sections  2,  3,  9, 13, 15, and 20.1 of the Service
         Occupation Tax Act; Sections 2, 3, 5k, and 6d of the
         Retailers' Occupation Tax Act; and  Sections  5.240,
         5.241,  6z-16,  and  6z-17 of the State Finance Act.
         Article II of Public Act 85-1135, effective  January
         1,   1990,   also   contained  provisions  repealing
         Sections   25.05a,   25.05-2,   25.05-2a,   25.05-3,
         25.05-3a, 25.05-10, 25.05-10a, and 25.05-10.1 of "An
         Act to revise the law in relation to  counties"  and
         Sections  10  and  14  of the Service Occupation Tax
         Act.
              (C)  Article  III  of   Public   Act   85-1135,
         effective  September  1,  1988, contained provisions
         further amending Sections 3 and 9  of  the  Use  Tax
         Act;  Sections  2,  3,  and 9 of the Service Use Tax
         Act; Sections 2, 3, and 9 of the Service  Occupation
         Tax  Act;  and  Sections  2  and 3 of the Retailers'
         Occupation Tax Act; and amending Section  2  of  the
         State Revenue Sharing Act.
              (D)  Article   IV   of   Public   Act  85-1135,
         effective  July  28,  1988,   contained   provisions
         amending  Section  6z-9 of the State Finance Act and
         creating Section .01 of the  State  Revenue  Sharing
         Act.
              (E)  Article V of Public Act 85-1135, effective
         July  28,  1988, contained provisions precluding any
         effect on a pre-existing right, remedy, or liability
         and authorizing enactment of home rule  municipality
         ordinances.
         (2)  Public  Act  85-1135  also contained provisions
    relating to State bonds and creating the Water  Pollution
    Control Revolving Fund loan program.
         (3)  On  August  26,  1998,  the Cook County Circuit
    Court entered an order in  the  case  of  Oak  Park  Arms
    Associates v. Whitley (No. 92 L 51045), in which it found
    that  Public  Act  85-1135  violates  the  single subject
    clause of the Illinois Constitution (Article IV,  Section
    8(d)).   As  of the time this Act was prepared, the order
    declaring P.A. 85-1135 invalid has been vacated  but  the
    case is subject to appeal.
         (4)  The tax provisions of Public Act 85-1135 affect
    many  areas of vital concern to the people of this State.
    The disruption of  the  tax  reform  contained  in  those
    provisions   could  constitute  a  grave  threat  to  the
    continued health, safety, and welfare of  the  people  of
    this State.
    (b)  It is the purpose of this Act to prevent or minimize
any  problems  relating  to  taxation  that  may  result from
challenges to  the  constitutional  validity  of  Public  Act
85-1135,  by  (1)  re-enacting  provisions  from  Public  Act
85-1135  and  (2) validating all actions taken in reliance on
those provisions from Public Act 85-1135.
    (c)  Because Public  Act  86-962,  effective  January  1,
1990,  renumbered  Sections  24a-1,  24a-2, 24a-3, 24a-4, and
25.05  of  the  Counties  Code,  this  Act   contains   those
provisions  as  renumbered  under  Sections  5-1006,  5-1007,
5-1008,  5-1009,  and  5-1024  of the Counties Code.  Because
Public Act 86-1475, effective January 10,  1991,  resectioned
Section  3  of  the Use Tax Act, Section 3 of the Service Use
Tax Act, Section 3 of the Service  Occupation  Tax  Act,  and
Section  2  of  the  Retailers'  Occupation Tax Act, this Act
contains those provisions as resectioned  under  Sections  3,
3-5,  3-10,  3-15,  3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50,
3-55, 3-60, 3-65, 3-70, 3-75, and 3-80 of the  Use  Tax  Act;
Sections  3,  3-5,  3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40,
3-45, 3-50, 3-55, 3-60, and 3-65 of the Service Use Tax  Act;
Sections  3,  3-5,  3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40,
3-45, and  3-50  of  the  Service  Occupation  Tax  Act;  and
Sections  2,  2-5,  2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40,
2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers' Occupation Tax
Act.  Because Public Act 85-1440, effective February 1, 1989,
renumbered Section 6z-16 of the State Finance Act and Section
.01 of the State Revenue Sharing Act, this Act contains those
provisions as renumbered under Section  6z-18  of  the  State
Finance Act and Section 0.1 of the State Revenue Sharing Act.
Sections  10b  of the Use Tax Act, 10b of the Service Use Tax
Act, 20.1 of the Service Occupation Tax Act, and  6d  of  the
Retailers' Occupation Tax Act have been omitted from this Act
because  they  were repealed by Public Act 87-1258, effective
January 7, 1993.
    (d)  This Act re-enacts Section 1 of Article I of  Public
Act  85-1135;  Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3,
8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of
the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008,
5-1009, and 5-1024 of the Counties Code;  Section  4  of  the
Water  Commission Act of 1985; Section 5.01 of the Local Mass
Transit District Act; Sections 4.01, 4.03, 4.04, and 4.09  of
the  Regional  Transportation Authority Act; Sections 3, 3-5,
3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45,  3-50,  3-55,
3-60,  3-65, 3-70, 3-75, 3-80, 9, and 10b of the Use Tax Act;
Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40,
3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10, 10b, and  15  of
the  Service  Use  Tax  Act;  Sections 2, 3, 3-5, 3-10, 3-15,
3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, 13, 15, and 20.1
of the Service Occupation Tax Act;  Sections  2,  2-5,  2-10,
2-15,  2-20,  2-25, 2-30, 2-35, 2-40, 2-45, 2-50, 2-55, 2-60,
2-65, 3, 5k, and 6d of the  Retailers'  Occupation  Tax  Act;
Sections  5.240,  5.241,  6z-9, 6z-17, and 6z-18 of the State
Finance Act; Sections 0.1 and 2 of the State Revenue  Sharing
Act;  and Sections 1 and 2 of Article V of Public Act 85-1135
as they have  been  amended.   It  also  re-repeals  Sections
25.05a,   25.05-2,  25.05-2a,  25.05-3,  25.05-3a,  25.05-10,
25.05-10a, and 25.05-10.1 of "An Act to  revise  the  law  in
relation  to  counties" and Sections 10 and 14 of the Service
Occupation Tax Act.    This  re-enactment  and  re-repeal  is
intended  to  remove  any  questions  as  to  the validity or
content of those Sections; it is not  intended  to  supersede
any    other  Public Act that amends the text of a Section as
set forth in this Act.  The re-enacted material in  this  Act
is  shown  as  existing  text  (i.e.,  without  underscoring)
because,  as  of  the  time  this Act was prepared, the order
declaring P.A. 85-1135 invalid has been vacated.
    (e)  In Sections 100 and 900 of this Act,  references  to
"this  amendatory  Act  of  1988" mean Public Act 85-1135, as
re-enacted by this Act.
    (f)  The re-enactment or re-repeal of Sections of  Public
Act  85-1135  by  this  Act is not intended, and shall not be
construed, to imply that Public Act 85-1135 is invalid or  to
limit or impair any legal argument (1) upholding the validity
of   Public   Act  85-1135  or  (2)  concerning  whether  the
provisions  of  Public   Act   85-1135   were   substantially
re-enacted by other Public Acts.
    (g)  All  otherwise  lawful  actions  taken in reasonable
reliance on or pursuant to the Sections  re-enacted  by  this
Act,  as  set  forth  in  Public  Act 85-1135 or subsequently
amended, by any officer, employee, agency, or unit  of  State
or  local  government  or  by any other person or entity, are
hereby validated.
    With respect to actions  taken  in  relation  to  matters
arising  under  the  Sections  re-enacted by this Act, as set
forth in Public Act 85-1135 or subsequently amended, a person
is rebuttably presumed to have acted in  reasonable  reliance
on  and  pursuant to the provisions of Public Act 85-1135, as
those provisions had been amended at the time the action  was
taken.
    (h)  With   respect  to  its  administration  of  matters
arising under  the  Sections  re-enacted  by  this  Act,  the
Department  of Revenue shall continue to apply the provisions
of Public Act 85-1135, as those provisions had  been  amended
at the relevant time.
    (i)  This Act applies, without limitation, to proceedings
pending on or after the effective date of this Act.

    Section  100.   Section  1  of  Article  1  of Public Act
85-1135 (which is incorrectly shown as Section 12 in the Laws
of Illinois) is re-enacted as follows:

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

    Section  105.   The  State  Finance  Act  is  amended  by
re-enacting  Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 as
follows:

    (30 ILCS 105/5.240) (from Ch. 127, par. 141.240)
    Sec. 5.240.  The Local Government Tax Fund.
(Source: P.A. 85-1135.)

    (30 ILCS 105/5.241) (from Ch. 127, par. 141.241)
    Sec. 5.241. The County and Mass Transit District Fund.
(Source: P.A. 85-1135.)

    (30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)
    Sec. 6z-9.  (a) The Build Illinois Fund is created in the
State Treasury.  All  tax  revenues  and  other  moneys  from
whatever  source which by law are required to be deposited in
the Build Illinois Fund shall be paid into the Build Illinois
Fund upon their  collection,  payment  or  other  receipt  as
provided by law, including the pledge set forth in Section 12
of  the  Build  Illinois Bond Act. All tax revenues and other
moneys paid into the Build Illinois Fund  shall  be  promptly
invested  by  the State Treasurer in accordance with law, and
all interest or other earnings accruing or  received  thereon
shall  be  credited to and paid into the Build Illinois Fund.
No tax revenues or other moneys, interest  or  earnings  paid
into   the  Build  Illinois  Fund  shall  be  transferred  or
allocated by the Comptroller or Treasurer to any other  fund,
nor  shall  the  Governor  authorize  any  such  transfer  or
allocation,  nor  shall  any  tax  revenues  or other moneys,
interest or earnings paid into the  Build  Illinois  Fund  be
used,  temporarily  or otherwise, for interfund borrowing, or
be  otherwise  used  or  appropriated,  except  as  expressly
authorized and provided in Section 8.25 of this Act  for  the
sole  purposes and subject to the priorities, limitations and
conditions prescribed therein.
    (b)  The tax revenues and other moneys shall be paid into
the Build Illinois Fund pursuant to  Section  6Z-17  of  this
Act,  Section  28 of the "Illinois Horse Racing Act of 1975",
as amended, Section 9 of  the  "Use  Tax  Act",  as  amended,
Section 9 of the "Service Use Tax Act", as amended, Section 9
of the "Service Occupation Tax Act", as amended, Section 3 of
the "Retailers' Occupation Tax Act", as amended, Section 4.05
of  the  "Chicago  World's  Fair  -  1992  Authority Act", as
amended, and Sections  3  and  6  of  "The  Hotel  Operators'
Occupation Tax Act", as amended.
(Source: P.A. 85-1135.)

    (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
    Sec.  6z-17.   Of the money paid into the State and Local
Sales Tax Reform Fund: (i) subject to  appropriation  to  the
Department  of  Revenue,  Municipalities  having 1,000,000 or
more inhabitants shall receive 20% and may expend such amount
to  fund  and  establish  a  program   for   developing   and
coordinating  public  and  private resources targeted to meet
the  affordable  housing  needs  of   low-income   and   very
low-income  households  within  such  municipality,  (ii) 10%
shall  be  transferred  into  the   Regional   Transportation
Authority  Occupation and Use Tax Replacement Fund, a special
fund in the State treasury which  is  hereby  created,  (iii)
subject to appropriation to the Department of Transportation,
The  Metro East Mass Transit District shall receive .6%, (iv)
the following amounts, plus any cumulative deficiency in such
transfers for prior months, shall be transferred monthly into
the Build Illinois Fund and credited to  the  Build  Illinois
Bond Account therein:
Fiscal Year                                            Amount
1990                                               $2,700,000
1991                                                1,850,000
1992                                                2,750,000
1993                                                2,950,000
    From  Fiscal  Year  1994  through  Fiscal  Year  2025 the
transfer shall total $3,150,000 monthly, plus any  cumulative
deficiency  in  such  transfers for prior months, and (v) the
remainder of the money paid into the State  and  Local  Sales
Tax   Reform   Fund  shall  be  transferred  into  the  Local
Government Distributive Fund and, except  for  municipalities
with  1,000,000  or  more  inhabitants which shall receive no
portion of such remainder, shall be distributed,  subject  to
appropriation, in the manner provided by Section 2 of "An Act
in  relation  to  State revenue sharing with local government
entities", approved  July  31,  1969,  as  now  or  hereafter
amended.   Municipalities  with  more than 50,000 inhabitants
according to the 1980 U.S.  Census  and  located  within  the
Metro  East Mass Transit District receiving funds pursuant to
provision (v) of this paragraph may expend  such  amounts  to
fund  and establish a program for developing and coordinating
public and private resources targeted to meet the  affordable
housing  needs  of  low-income and very low-income households
within such municipality.
(Source: P.A. 86-17; 86-44; 86-928; 86-953; 86-1028.)

    (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
    Sec. 6z-18.  A portion of the money paid into  the  Local
Government  Tax Fund from sales of food for human consumption
which is to be consumed off the premises  where  it  is  sold
(other  than  alcoholic beverages, soft drinks and food which
has been prepared for immediate consumption) and prescription
and nonprescription medicines, drugs, medical appliances  and
insulin,  urine  testing materials, syringes and needles used
by diabetics, which  occurred  in  municipalities,  shall  be
distributed  to  each municipality based upon the sales which
occurred  in  that  municipality.   The  remainder  shall  be
distributed  to  each  county  based  upon  the  sales  which
occurred in the unincorporated area of that county.
    A portion of the money paid into the Local Government Tax
Fund from the 6.25% general use tax rate on the selling price
of tangible personal  property  which  is  purchased  outside
Illinois  at  retail  from  a retailer and which is titled or
registered by any agency of this State's government shall  be
distributed  to municipalities as provided in this paragraph.
Each municipality shall receive the  amount  attributable  to
sales   for   which   Illinois   addresses   for  titling  or
registration  purposes   are   given   as   being   in   such
municipality.  The remainder of the money paid into the Local
Government  Tax  Fund from such sales shall be distributed to
counties.  Each county shall receive the amount  attributable
to   sales  for  which  Illinois  addresses  for  titling  or
registration purposes are  given  as  being  located  in  the
unincorporated area of such county.
    A portion of the money paid into the Local Government Tax
Fund from the 6.25% general rate on sales subject to taxation
under  the  Retailers'  Occupation  Tax  Act  and the Service
Occupation Tax Act, which occurred in  municipalities,  shall
be  distributed  to  each  municipality, based upon the sales
which occurred in that municipality. The remainder  shall  be
distributed  to  each  county,  based  upon  the  sales which
occurred in the unincorporated area of such county.
    For the purpose of determining allocation  to  the  local
government unit, a retail sale by a producer of coal or other
mineral  mined  in  Illinois is a sale at retail at the place
where  the  coal  or  other  mineral  mined  in  Illinois  is
extracted from the earth.  This paragraph does not  apply  to
coal  or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois  so  that
the  sale is exempt under the United States Constitution as a
sale in interstate or foreign commerce.
    Whenever the Department determines that a refund of money
paid into the Local Government Tax Fund should be made  to  a
claimant   instead   of  issuing  a  credit  memorandum,  the
Department shall notify  the  State  Comptroller,  who  shall
cause  the order to be drawn for the amount specified, and to
the person named, in such notification from  the  Department.
Such  refund  shall be paid by the State Treasurer out of the
Local Government Tax Fund.
    On or before the 25th day of  each  calendar  month,  the
Department  shall  prepare and certify to the Comptroller the
disbursement of stated sums of money to named  municipalities
and  counties,  the  municipalities  and counties to be those
entitled to distribution of taxes or penalties  paid  to  the
Department  during  the  second preceding calendar month. The
amount to be paid to each municipality or county shall be the
amount (not including credit memoranda) collected during  the
second  preceding  calendar  month by the Department and paid
into the Local  Government  Tax  Fund,  plus  an  amount  the
Department  determines  is  necessary  to  offset any amounts
which were erroneously paid to a different taxing  body,  and
not  including  an amount equal to the amount of refunds made
during the second preceding calendar month by the Department,
and not including any amount which the Department  determines
is  necessary  to  offset  any amounts which are payable to a
different taxing  body  but  were  erroneously  paid  to  the
municipality or county.  Within 10 days after receipt, by the
Comptroller,   of   the  disbursement  certification  to  the
municipalities and counties,  provided for in this Section to
be  given  to  the  Comptroller  by   the   Department,   the
Comptroller  shall  cause  the  orders  to  be  drawn for the
respective  amounts  in  accordance   with   the   directions
contained in such certification.
    When  certifying  the amount of monthly disbursement to a
municipality or county under  this  Section,  the  Department
shall increase or decrease that amount by an amount necessary
to  offset  any  misallocation of previous disbursements. The
offset amount  shall  be  the  amount  erroneously  disbursed
within  the  6  months  preceding the time a misallocation is
discovered.
    The  provisions  directing  the  distributions  from  the
special fund in the  State  Treasury  provided  for  in  this
Section   shall  constitute  an  irrevocable  and  continuing
appropriation of all amounts as provided  herein.  The  State
Treasurer and State Comptroller are hereby authorized to make
distributions as provided in this Section.
    In construing any development, redevelopment, annexation,
preannexation  or  other  lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from
a county or municipal retailers' occupation tax, use  tax  or
service  occupation  tax  which  now  cannot be imposed, such
description or reference  shall  be  deemed  to  include  the
replacement  revenue  for  such  abolished taxes, distributed
from the Local Government Tax Fund.
(Source: P.A. 90-491, eff. 1-1-98.)
    Section 110.  The State Revenue Sharing Act is amended by
re-enacting Sections 0.1 and 2 as follows:

    (30 ILCS 115/0.1) (from Ch. 85, par. 610)
    Sec. 0.1.  This Act shall be known and may  be  cited  as
the State Revenue Sharing Act.
(Source: P.A. 85-1440.)

    (30 ILCS 115/2) (from Ch. 85, par. 612)
    Sec.  2.   Allocation and Disbursement. As soon as may be
after the first day of each month, the Department of  Revenue
shall  allocate among the several municipalities and counties
of this State the amount available in  the  Local  Government
Distributive  Fund  and   in  the  Income Tax Surcharge Local
Government  Distributive  Fund,  determined  as  provided  in
Sections 1 and 1a above. Except as provided  in  Sections  13
and  13.1 of this Act, the Department shall then certify such
allocations to the State Comptroller, who shall pay  over  to
the   several  municipalities  and  counties  the  respective
amounts  allocated  to  them.   The  amount  of  such   Funds
allocable  to  each  such municipality and county shall be in
proportion to the number  of  individual  residents  of  such
municipality  or county to the total population of the State,
determined in each case on the basis of the latest census  of
the  State,   municipality or county conducted by the Federal
government and certified by the Secretary of  State  and  for
annexations  to  municipalities, the latest Federal, State or
municipal census of the annexed area which has been certified
by the  Department  of  Revenue.  For  the  purpose  of  this
Section, the number of individual residents of a county shall
be  reduced  by the number of individuals residing therein in
municipalities, but the number of individual residents of the
State, county  and  municipality  shall  reflect  the  latest
census of any of them. The amounts transferred into the Local
Government Distributive Fund pursuant to Section 9 of the Use
Tax  Act,  Section 9 of the Service Use Tax Act, Section 9 of
the  Service  Occupation  Tax  Act,  and  Section  3  of  the
Retailers' Occupation Tax  Act,  each  as  now  or  hereafter
amended,  pursuant  to  the  amendments  of  such Sections by
Public Act 85-1135, shall be distributed as provided in  said
Sections.
(Source: P.A. 86-18.)

    Section  115.   The Use Tax Act is amended by re-enacting
Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,  3-30,  3-35,  3-40,
3-45,  3-50,  3-55,  3-60,  3-65,  3-70, 3-75, 3-80, and 9 as
follows:

    (35 ILCS 105/3) (from Ch. 120, par. 439.3)
    Sec. 3. Tax imposed.  A tax is imposed upon the privilege
of using in this State tangible personal  property  purchased
at  retail  from a retailer, including computer software, and
including photographs, negatives, and positives that are  the
product  of  photoprocessing,  but  not including products of
photoprocessing produced  for  use  in  motion  pictures  for
commercial exhibition.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-953; 86-1394; 86-1475; 87-876.)

    (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
    Sec. 3-5.  Exemptions.  Use  of  the  following  tangible
personal property is exempt from the tax imposed by this Act:
    (1)  Personal  property  purchased  from  a  corporation,
society,    association,    foundation,    institution,    or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for  the  benefit  of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2)  Personal  property  purchased  by  a  not-for-profit
Illinois county  fair  association  for  use  in  conducting,
operating, or promoting the county fair.
    (3)  Personal  property  purchased  by  a  not-for-profit
music  or  dramatic  arts  organization  that establishes, by
proof required  by  the  Department  by  rule,  that  it  has
received an exemption under Section 501(c)(3) of the Internal
Revenue  Code  and  that  is  organized  and operated for the
presentation  of  live  public  performances  of  musical  or
theatrical works on a regular basis.
    (4)  Personal property purchased by a governmental  body,
by   a  corporation,  society,  association,  foundation,  or
institution   organized   and   operated   exclusively    for
charitable,  religious,  or  educational  purposes,  or  by a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability company may qualify for the  exemption  under  this
paragraph  only if the limited liability company is organized
and operated exclusively for  educational  purposes.  On  and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active   exemption   identification   number  issued  by  the
Department.
    (5)  A passenger car that is a replacement vehicle to the
extent that the purchase price of the car is subject  to  the
Replacement Vehicle Tax.
    (6)  Graphic  arts  machinery  and  equipment,  including
repair   and  replacement  parts,  both  new  and  used,  and
including that manufactured on special  order,  certified  by
the   purchaser   to  be  used  primarily  for  graphic  arts
production, and including machinery and  equipment  purchased
for lease.
    (7)  Farm chemicals.
    (8)  Legal  tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (9)  Personal property purchased from a teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (10)  A  motor  vehicle  of  the  first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to  provide  living
quarters  for  recreational,  camping,  or  travel  use, with
direct walk through to the living quarters from the  driver's
seat,  or  a  motor vehicle of the second division that is of
the van configuration designed for the transportation of  not
less  than  7  nor  more  than  16  passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used  for
automobile  renting,  as  defined  in  the Automobile Renting
Occupation and Use Tax Act.
    (11)  Farm machinery and equipment, both  new  and  used,
including  that  manufactured  on special order, certified by
the purchaser to be used primarily for production agriculture
or  State  or  federal   agricultural   programs,   including
individual replacement parts for the machinery and equipment,
including  machinery  and  equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm  machinery  and  agricultural
chemical  and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois  Vehicle
Code,  but  excluding  other  motor  vehicles  required to be
registered under the  Illinois  Vehicle  Code.  Horticultural
polyhouses  or  hoop houses used for propagating, growing, or
overwintering plants shall be considered farm  machinery  and
equipment  under this item (11). Agricultural chemical tender
tanks and dry boxes shall include units sold separately  from
a  motor  vehicle  required  to  be  licensed  and units sold
mounted on a motor vehicle required to  be  licensed  if  the
selling price of the tender is separately stated.
    Farm  machinery  and  equipment  shall  include precision
farming equipment  that  is  installed  or  purchased  to  be
installed  on farm machinery and equipment including, but not
limited  to,  tractors,   harvesters,   sprayers,   planters,
seeders,  or spreaders. Precision farming equipment includes,
but is not  limited  to,  soil  testing  sensors,  computers,
monitors,  software,  global positioning and mapping systems,
and other such equipment.
    Farm machinery and  equipment  also  includes  computers,
sensors,  software,  and  related equipment used primarily in
the computer-assisted  operation  of  production  agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited  to,  the  collection, monitoring, and correlation of
animal and crop data for the purpose  of  formulating  animal
diets  and  agricultural chemicals.  This item (11) is exempt
from the provisions of Section 3-90.
    (12)  Fuel and petroleum products sold to or used  by  an
air  common  carrier, certified by the carrier to be used for
consumption, shipment, or  storage  in  the  conduct  of  its
business  as an air common carrier, for a flight destined for
or returning from a location or locations outside the  United
States  without  regard  to  previous  or subsequent domestic
stopovers.
    (13)  Proceeds of mandatory  service  charges  separately
stated  on  customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the  service  charge  are  in
fact  turned  over as tips or as a substitute for tips to the
employees who participate  directly  in  preparing,  serving,
hosting  or  cleaning  up  the food or beverage function with
respect to which the service charge is imposed.
    (14)  Oil field  exploration,  drilling,  and  production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
goods, including casing and drill strings,  (iii)  pumps  and
pump-jack  units,  (iv) storage tanks and flow lines, (v) any
individual  replacement  part  for  oil  field   exploration,
drilling,  and  production  equipment, and (vi) machinery and
equipment purchased for lease; but excluding  motor  vehicles
required to be registered under the Illinois Vehicle Code.
    (15)  Photoprocessing  machinery and equipment, including
repair and replacement parts, both new  and  used,  including
that   manufactured   on  special  order,  certified  by  the
purchaser to  be  used  primarily  for  photoprocessing,  and
including  photoprocessing  machinery and equipment purchased
for lease.
    (16)  Coal  exploration,  mining,   offhighway   hauling,
processing, maintenance, and reclamation equipment, including
replacement  parts  and  equipment,  and  including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
    (17)  Distillation machinery and  equipment,  sold  as  a
unit   or  kit,  assembled  or  installed  by  the  retailer,
certified by the user to be used only for the  production  of
ethyl alcohol that will be used for consumption as motor fuel
or  as  a component of motor fuel for the personal use of the
user, and not subject to sale or resale.
    (18)  Manufacturing   and   assembling   machinery    and
equipment  used  primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the  manufacturer  or  by  some  other  person,  whether  the
materials used in the process are owned by  the  manufacturer
or  some  other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in  the
service  occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar  items  of  no  commercial
value on special order for a particular purchaser.
    (19)  Personal  property  delivered  to  a  purchaser  or
purchaser's donee inside Illinois when the purchase order for
that  personal  property  was  received  by a florist located
outside Illinois who has a florist  located  inside  Illinois
deliver the personal property.
    (20)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (21)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (22)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or  treatment  of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the  time  the  lessor  would
otherwise  be  subject  to  the tax imposed by this Act, to a
hospital  that  has  been  issued  an  active  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation  Tax  Act.   If  the  equipment  is
leased  in  a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the  lessor  shall
be  liable  for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based  on  the  fair  market
value  of  the  property  at  the time the non-qualifying use
occurs.  No lessor shall collect or  attempt  to  collect  an
amount  (however  designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by  the
lessor.  If a lessor improperly collects any such amount from
the  lessee,  the  lessee shall have a legal right to claim a
refund of that amount from the  lessor.   If,  however,  that
amount  is  not  refunded  to  the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (23)  Personal property purchased by a lessor who  leases
the  property,  under a lease of  one year or longer executed
or in effect at  the  time  the  lessor  would  otherwise  be
subject  to  the  tax  imposed by this Act, to a governmental
body that has been  issued  an  active  sales  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is  leased
in  a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor  shall  be  liable
for  the  tax  imposed  under this Act or the Service Use Tax
Act, as the case may be, based on the fair  market  value  of
the  property  at the time the non-qualifying use occurs.  No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that  lessor  for  the
tax  imposed  by  this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor.   If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount  from  the  lessor.   If,  however, that amount is not
refunded to the lessee for any reason, the lessor  is  liable
to pay that amount to the Department.
    (24)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is donated
for disaster relief to  be  used  in  a  State  or  federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer  or retailer that is registered in this State to
a   corporation,   society,   association,   foundation,   or
institution that  has  been  issued  a  sales  tax  exemption
identification  number by the Department that assists victims
of the disaster who reside within the declared disaster area.
    (25)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is  used  in
the  performance  of  infrastructure  repairs  in this State,
including but not limited to  municipal  roads  and  streets,
access  roads,  bridges,  sidewalks,  waste disposal systems,
water and  sewer  line  extensions,  water  distribution  and
purification  facilities,  storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located in the declared disaster area within 6  months  after
the disaster.
(Source:  P.A.  89-16,  eff.  5-30-95;  89-115,  eff. 1-1-96;
89-349, eff. 8-17-95;  89-495,  eff.  6-24-96;  89-496,  eff.
6-25-96;  89-626,  eff.  8-9-96;  90-14, eff. 7-1-97; 90-552,
eff. 12-12-97; 90-605, eff. 6-30-98.)

    (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
    Sec. 3-10.  Rate of tax.  Unless  otherwise  provided  in
this  Section,  the tax imposed by this Act is at the rate of
6.25% of either the selling price or the fair  market  value,
if  any,  of  the  tangible  personal property.  In all cases
where property functionally used or consumed is the  same  as
the  property  that  was purchased at retail, then the tax is
imposed on the selling price of the property.  In  all  cases
where  property functionally used or consumed is a by-product
or waste product that  has  been  refined,  manufactured,  or
produced  from  property purchased at retail, then the tax is
imposed on the lower of the fair market value, if any, of the
specific property so used in this State  or  on  the  selling
price  of  the  property purchased at retail. For purposes of
this Section "fair market value" means  the  price  at  which
property  would  change  hands  between a willing buyer and a
willing seller, neither being under any compulsion to buy  or
sell  and  both  having  reasonable knowledge of the relevant
facts. The fair market value shall be established by Illinois
sales  by  the  taxpayer  of  the  same  property   as   that
functionally  used or consumed, or if there are no such sales
by the  taxpayer,  then  comparable  sales  or  purchases  of
property of like kind and character in Illinois.
    With  respect  to  gasohol,  the  tax imposed by this Act
applies to 70% of the proceeds of  sales  made  on  or  after
January  1, 1990, and before July 1, 2003, and to 100% of the
proceeds of sales made thereafter.
    With respect to food for human consumption that is to  be
consumed  off  the  premises  where  it  is  sold (other than
alcoholic beverages, soft drinks,  and  food  that  has  been
prepared  for  immediate  consumption)  and  prescription and
nonprescription   medicines,   drugs,   medical   appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and  insulin,  urine  testing
materials, syringes, and needles used by diabetics, for human
use,  the  tax is imposed at the rate of 1%. For the purposes
of this Section, the term "soft drinks" means  any  complete,
finished,    ready-to-use,   non-alcoholic   drink,   whether
carbonated or not, including but not limited to  soda  water,
cola, fruit juice, vegetable juice, carbonated water, and all
other  preparations commonly known as soft drinks of whatever
kind or description that  are  contained  in  any  closed  or
sealed bottle, can, carton, or container, regardless of size.
"Soft  drinks"  does  not include coffee, tea, non-carbonated
water, infant formula, milk or milk products  as  defined  in
the Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
    Notwithstanding  any  other provisions of this Act, "food
for human consumption that is to be consumed off the premises
where it is sold" includes all food sold  through  a  vending
machine,  except  soft  drinks  and  food  products  that are
dispensed hot from  a  vending  machine,  regardless  of  the
location of the vending machine.
    If  the  property  that  is  purchased  at  retail from a
retailer  is  acquired  outside  Illinois  and  used  outside
Illinois before being brought to Illinois for use here and is
taxable under this Act, the "selling price" on which the  tax
is  computed  shall be reduced by an amount that represents a
reasonable allowance for depreciation for the period of prior
out-of-state use.
(Source: P.A. 89-359,  eff.  8-17-95;  89-420,  eff.  6-1-96;
89-463,  eff.  5-31-96;  89-626,  eff.  8-9-96;  90-605, eff.
6-30-98; 90-606, eff. 6-30-98.)

    (35 ILCS 105/3-15) (from Ch. 120, par. 439.3-15)
    Sec. 3-15.  Photoprocessing.  For  purposes  of  the  tax
imposed on photographs, negatives, and positives by this Act,
"photoprocessing" includes, but is not limited to, developing
films, positives, negatives, and transparencies, and tinting,
coloring, making, and enlarging prints.  Photoprocessing does
not include color separation, typesetting, and platemaking by
photographic  means in the graphic arts industry and does not
include any procedure, process, or  activity  connected  with
the  creation  of  the  images  on  the  film  from which the
negatives, positives, or photographs are derived.  The charge
for  in-house  photoprocessing  may  not  be  less  than  the
photoprocessor's cost price of materials.  In transactions in
which products of photoprocessing  are  sold  in  conjunction
with  other  services,  if  a  charge for the photoprocessing
component is not separately stated, tax is imposed on 50%  of
the  entire  selling  price  unless  the  sale  is  made by a
professional photographer, in which case tax  is  imposed  on
10% of the entire selling price.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-20) (from Ch. 120, par. 439.3-20)
    Sec. 3-20.   Bullion.   For  purposes  of  the  exemption
pertaining  to  bullion,  "bullion"  means  gold,  silver, or
platinum in a bulk state with a purity of not less  than  980
parts per 1,000.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-25) (from Ch. 120, par. 439.3-25)
    Sec. 3-25.  Computer software.  For the purposes of  this
Act,  "computer software" means a set of statements, data, or
instructions to be used directly or indirectly in a  computer
in order to bring about a certain result in any form in which
those  statements,  data,  or  instructions  may be embodied,
transmitted, or fixed, by any method now known  or  hereafter
developed,  regardless  of  whether  the statements, data, or
instructions  are  capable   of   being   perceived   by   or
communicated  to  humans,  and  includes prewritten or canned
software that is held for repeated sale  or  lease,  and  all
associated  documentation  and  materials,  if  any,  whether
contained  on  magnetic tapes, discs, cards, or other devices
or media, but does not include software that  is  adapted  to
specific   individualized   requirements   of   a  purchaser,
custom-made and modified software designed for  a  particular
or  limited  use  by a purchaser, or software used to operate
exempt  machinery  and  equipment  used  in  the  process  of
manufacturing or assembling tangible  personal  property  for
wholesale or retail sale or lease.
    For  the purposes of this Act, computer software shall be
considered to be tangible personal property.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-30) (from Ch. 120, par. 439.3-30)
    Sec. 3-30.  Graphic arts production.  For the purposes of
this  Act, "graphic arts production" means printing by one or
more of the  common  processes  or  graphic  arts  production
services as those processes and services are defined in Major
Group  27  of  the  U.  S. Standard Industrial Classification
Manual.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-35) (from Ch. 120, par. 439.3-35)
    Sec.  3-35.  Production agriculture. For purposes of this
Act, "production agriculture" means the  raising  of  or  the
propagation   of   livestock;   crops   for  sale  for  human
consumption; crops for livestock consumption; and  production
seed  stock  grown for the propagation of feed grains and the
husbandry of animals or for the purpose of providing  a  food
product,  including  the  husbandry  of blood stock as a main
source of providing a food product. "Production  agriculture"
also   means  animal  husbandry,  floriculture,  aquaculture,
horticulture, and viticulture.
(Source: P.A. 89-220, eff. 1-1-96.)

    (35 ILCS 105/3-40) (from Ch. 120, par. 439.3-40)
    Sec. 3-40.  Gasohol.  As  used  in  this  Act,  "gasohol"
means  motor  fuel  that  is no more than 90% gasoline and at
least 10% denatured ethanol that contains no more than  1.25%
water by weight. Any person who knowingly sells or represents
as  gasohol  any  fuel that does not qualify as gasohol under
this Act is guilty of a business offense and shall  be  fined
not   more   than   $100  for  each  day  that  the  sale  or
representation  takes  place  after  notification  from   the
Department  of Agriculture that the fuel in question does not
qualify as gasohol.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-45) (from Ch. 120, par. 439.3-45)
    Sec.  3-45.   Collection.   The  tax  imposed by this Act
shall  be  collected  from  the  purchaser  by   a   retailer
maintaining  a  place of business in this State or a retailer
authorized by the Department under Section 6 of this Act, and
shall be remitted to the Department as provided in Section  9
of this Act.
    The  tax  imposed  by  this  Act  that  is  not paid to a
retailer under this Section shall be paid to  the  Department
directly  by  any person using the property within this State
as provided in Section 10 of this Act.
    Retailers shall collect the tax from users by adding  the
tax  to the selling price of tangible personal property, when
sold for use, in the manner  prescribed  by  the  Department.
The  Department may adopt and promulgate reasonable rules and
regulations for the adding of the tax by retailers to selling
prices by prescribing bracket  systems  for  the  purpose  of
enabling  the  retailers  to  add  and  collect,  as  far  as
practicable, the amount of the tax.
    If  a  seller  collects use tax measured by receipts that
are not subject to use tax, or if a seller, in collecting use
tax measured by receipts that are subject to tax  under  this
Act,  collects  more  from  the  purchaser  than the required
amount of the use tax on the transaction, the purchaser shall
have a legal right to claim a refund of that amount from  the
seller.   If,  however,  that  amount  is not refunded to the
purchaser for any reason, the seller is liable  to  pay  that
amount  to  the Department.  This paragraph does not apply to
an amount collected by the seller as use tax on receipts that
are subject to tax under this Act as long as  the  collection
is  made  in  compliance  with  the  tax  collection brackets
prescribed by the Department in its rules and regulations.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-50) (from Ch. 120, par. 439.3-50)
    Sec.  3-50.   Manufacturing  and  assembly exemption. The
manufacturing  and   assembling   machinery   and   equipment
exemption  includes  machinery  and  equipment  that replaces
machinery and equipment in an existing manufacturing facility
as well as machinery and equipment that are  for  use  in  an
expanded  or  new  manufacturing  facility. The machinery and
equipment exemption also  includes  machinery  and  equipment
used in the general maintenance or repair of exempt machinery
and equipment or for in-house manufacture of exempt machinery
and equipment. For the purposes of this exemption, terms have
the following meanings:
         (1)  "Manufacturing process" means the production of
    an  article  of  tangible  personal property, whether the
    article is a finished product or an article  for  use  in
    the  process  of  manufacturing or assembling a different
    article of tangible personal  property,  by  a  procedure
    commonly    regarded    as   manufacturing,   processing,
    fabricating,  or  refining  that  changes  some  existing
    material into a material with a different form,  use,  or
    name.   In  relation  to a recognized integrated business
    composed of a  series  of  operations  that  collectively
    constitute   manufacturing,  or  individually  constitute
    manufacturing  operations,  the   manufacturing   process
    commences with the first operation or stage of production
    in  the  series  and does not end until the completion of
    the final product in  the  last  operation  or  stage  of
    production   in   the   series.   For  purposes  of  this
    exemption, photoprocessing is a manufacturing process  of
    tangible personal property for wholesale or retail sale.
         (2)  "Assembling process" means the production of an
    article   of  tangible  personal  property,  whether  the
    article is a finished product or an article  for  use  in
    the  process  of  manufacturing or assembling a different
    article of tangible personal property, by the combination
    of existing materials in a manner  commonly  regarded  as
    assembling  that  results  in an article or material of a
    different form, use, or name.
         (3)  "Machinery" means major mechanical machines  or
    major  components  of  those  machines  contributing to a
    manufacturing or assembling process.
         (4)  "Equipment" includes an independent  device  or
    tool   separate   from  machinery  but  essential  to  an
    integrated manufacturing or assembly  process;  including
    computers  used  primarily  in operating exempt machinery
    and equipment in a  computer  assisted  design,  computer
    assisted  manufacturing  (CAD/CAM) system; any subunit or
    assembly comprising  a  component  of  any  machinery  or
    auxiliary,  adjunct,  or  attachment  parts of machinery,
    such as tools, dies, jigs, fixtures, patterns, and molds;
    and any parts that require periodic  replacement  in  the
    course  of  normal  operation;  but does not include hand
    tools.
    The manufacturing and assembling machinery and  equipment
exemption  includes  the sale of materials to a purchaser who
produces exempted types of machinery, equipment, or tools and
who rents or leases that machinery, equipment, or tools to  a
manufacturer  of  tangible personal property.  This exemption
also includes the  sale  of  materials  to  a  purchaser  who
manufactures   those  materials  into  an  exempted  type  of
machinery,  equipment,  or  tools  that  the  purchaser  uses
himself or herself in the manufacturing of tangible  personal
property.  This exemption includes the sale of exempted types
of  machinery  or  equipment  to  a  purchaser who is not the
manufacturer, but who rents or leases the use of the property
to  a  manufacturer.  The  purchaser  of  the  machinery  and
equipment who has an active resale registration number  shall
furnish that number to the seller at the time of purchase.  A
user  of the machinery, equipment, or tools without an active
resale registration number shall  prepare  a  certificate  of
exemption for each transaction stating facts establishing the
exemption for that transaction, and that certificate shall be
available  to  the  Department  for  inspection or audit. The
Department shall  prescribe  the  form  of  the  certificate.
Informal   rulings,   opinions,  or  letters  issued  by  the
Department in response  to  an  inquiry  or  request  for  an
opinion   from   any   person   regarding  the  coverage  and
applicability of this exemption to specific devices shall  be
published,  maintained as a public record, and made available
for public inspection and copying.  If the  informal  ruling,
opinion,   or   letter   contains   trade  secrets  or  other
confidential  information,  where  possible,  the  Department
shall delete that information before  publication.   Whenever
informal  rulings,  opinions,  or letters contain a policy of
general applicability, the  Department  shall  formulate  and
adopt  that  policy as a rule in accordance with the Illinois
Administrative Procedure Act.
(Source: P.A. 88-505; 88-547.)

    (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
    Sec. 3-55.  Multistate exemption.  To prevent  actual  or
likely  multistate taxation, the tax imposed by this Act does
not apply to the use of tangible personal  property  in  this
State under the following circumstances:
    (a)  The   use,  in  this  State,  of  tangible  personal
property  acquired  outside  this  State  by  a   nonresident
individual  and brought into this State by the individual for
his or her own use while temporarily  within  this  State  or
while passing through this State.
    (b)  The   use,  in  this  State,  of  tangible  personal
property by an interstate carrier for hire as  rolling  stock
moving  in interstate commerce or by lessors under a lease of
one year or longer executed or  in  effect  at  the  time  of
purchase of tangible personal property by interstate carriers
for-hire  for  use  as  rolling  stock  moving  in interstate
commerce as long  as  so  used  by  the  interstate  carriers
for-hire,  and  equipment  operated  by  a telecommunications
provider,  licensed  as  a  common  carrier  by  the  Federal
Communications Commission, which is permanently installed  in
or affixed to aircraft moving in interstate commerce.
    (c)  The  use,  in  this  State,  by  owners, lessors, or
shippers of tangible personal property that  is  utilized  by
interstate  carriers for hire for use as rolling stock moving
in interstate commerce as long as so used by  the  interstate
carriers    for   hire,   and   equipment   operated   by   a
telecommunications provider, licensed as a common carrier  by
the  Federal  Communications Commission, which is permanently
installed in or affixed  to  aircraft  moving  in  interstate
commerce.
    (d)  The   use,  in  this  State,  of  tangible  personal
property that is acquired outside this State and caused to be
brought into this State by a person who has  already  paid  a
tax in another State in respect to the sale, purchase, or use
of  that  property,  to  the  extent of the amount of the tax
properly due and paid in the other State.
    (e)  The temporary storage, in this  State,  of  tangible
personal  property  that  is  acquired outside this State and
that, after being brought into this  State  and  stored  here
temporarily,   is  used  solely  outside  this  State  or  is
physically attached to or incorporated  into  other  tangible
personal  property that is used solely outside this State, or
is  altered  by   converting,   fabricating,   manufacturing,
printing,  processing,  or  shaping, and, as altered, is used
solely outside this State.
    (f)  The temporary storage  in  this  State  of  building
materials and fixtures that are acquired either in this State
or  outside  this State by an Illinois registered combination
retailer and construction contractor, and that the  purchaser
thereafter  uses  outside  this  State  by incorporating that
property into real estate located outside this State.
    (g)  The use or purchase of tangible personal property by
a common carrier by rail or motor that receives the  physical
possession  of  the property in Illinois, and that transports
the property, or shares with another common  carrier  in  the
transportation of the property, out of Illinois on a standard
uniform  bill of lading showing the seller of the property as
the shipper or consignor of the  property  to  a  destination
outside Illinois, for use outside Illinois.
    (h)  The  use, in this State, of a motor vehicle that was
sold in this State to a nonresident, even  though  the  motor
vehicle is delivered to the nonresident in this State, if the
motor  vehicle  is  not  to be titled in this State, and if a
driveaway decal permit is issued  to  the  motor  vehicle  as
provided  in Section 3-603 of the Illinois Vehicle Code or if
the nonresident purchaser has vehicle registration plates  to
transfer  to  the  motor vehicle upon returning to his or her
home state.  The issuance of the driveaway  decal  permit  or
having the out-of-state registration plates to be transferred
shall be prima facie evidence that the motor vehicle will not
be titled in this State.
(Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97.)
    (35 ILCS 105/3-60) (from Ch. 120, par. 439.3-60)
    Sec.  3-60.   Rolling stock exemption.  The rolling stock
exemption applies to rolling  stock  used  by  an  interstate
carrier  for  hire,  even just between points in Illinois, if
the  rolling  stock  transports,  for  hire,  persons   whose
journeys  or  property whose shipments originate or terminate
outside Illinois.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-65) (from Ch. 120, par. 439.3-65)
    Sec.  3-65.   R.O.T.  nontaxability.   If  the  seller of
tangible personal property for use would not be taxable under
the Retailers' Occupation Tax Act despite all elements of the
sale occurring in Illinois, then the tax imposed by this  Act
does  not  apply to the use of the tangible personal property
in this State.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-70) (from Ch. 120, par. 439.3-70)
    Sec.  3-70.  Property  acquired  by nonresident.  The tax
imposed by this Act does not apply to the use, in this State,
of tangible personal property that is acquired  outside  this
State  by  a  nonresident  individual  who  then  brings  the
property  to  this  State  for  use here and who has used the
property outside this State for  at  least  3  months  before
bringing the property to this State.
    Where a business that is not operated in Illinois, but is
operated  in  another State, is moved to Illinois or opens an
office, plant, or other business facility in  Illinois,  that
business  shall not be taxed on its use, in Illinois, of used
tangible personal property,  other  than  items  of  tangible
personal  property that must be titled or registered with the
State of Illinois  or  whose  registration  with  the  United
States  Government  must be filed with the State of Illinois,
that the business bought outside Illinois  and  used  outside
Illinois  in  the  operation  of  the business for at least 3
months before moving the used property to Illinois for use in
this State.
    "Acquired outside this State", whenever used in this Act,
in addition to its usual and popular meaning, also means  the
delivery,  outside  Illinois,  of  tangible personal property
that is purchased in this State and delivered from a point in
this State to a point of delivery outside this State.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475; 87-876.)

    (35 ILCS 105/3-75) (from Ch. 120, par. 439.3-75)
    Sec.   3-75.   Serviceman  transfer.   Tangible  personal
property purchased by a serviceman, as defined in  Section  2
of  the  Service  Occupation  Tax  Act, is subject to the tax
imposed by this  Act  when  purchased  for  transfer  by  the
serviceman   incidental   to   completion  of  a  maintenance
agreement.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/3-80) (from Ch. 120, par. 439.3-80)
    Sec.   3-80.    Liability   because  of  amendatory  Act.
Revisions in Section 3  (now  Sections  3  through  3-80)  by
Public  Act  85-1135  do  not affect tax liability that arose
before January 1, 1990.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-953; 86-1394; 86-1475.)

    (35 ILCS 105/9) (from Ch. 120, par. 439.9)
    Sec.   9.  Except   as  to  motor  vehicles,  watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this  State,  each retailer required or
authorized to collect the tax imposed by this Act  shall  pay
to the Department the amount of such tax (except as otherwise
provided)  at the time when he is required to file his return
for the period during which such tax was  collected,  less  a
discount  of  2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever  is
greater,  which  is  allowed  to  reimburse  the retailer for
expenses incurred in collecting  the  tax,  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to the Department on request.  In the case of retailers
who report and pay the tax on a  transaction  by  transaction
basis,  as  provided  in this Section, such discount shall be
taken with each such tax  remittance  instead  of  when  such
retailer  files  his  periodic  return.   A retailer need not
remit that part of any tax collected by  him  to  the  extent
that  he  is required to remit and does remit the tax imposed
by the Retailers' Occupation Tax Act,  with  respect  to  the
sale of the same property.
    Where  such  tangible  personal  property is sold under a
conditional sales contract, or under any other form  of  sale
wherein  the payment of the principal sum, or a part thereof,
is extended beyond the close of  the  period  for  which  the
return  is filed, the retailer, in collecting the tax (except
as to motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this  State),
may  collect  for  each  tax  return  period,  only  the  tax
applicable  to  that  part  of  the  selling  price  actually
received during such tax return period.
    Except  as  provided  in  this  Section, on or before the
twentieth day of each calendar  month,  such  retailer  shall
file  a return for the preceding calendar month.  Such return
shall be filed on forms  prescribed  by  the  Department  and
shall   furnish   such  information  as  the  Department  may
reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar month from sales of
    tangible personal property by him during  such  preceding
    calendar  month,  including receipts from charge and time
    sales, but less all deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000  or  more  shall
make  all  payments  required  by  rules of the Department by
electronic funds  transfer.  Beginning  October  1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic  funds transfer. The term "average
monthly tax  liability"  means  the  sum  of  the  taxpayer's
liabilities  under  this  Act,  and under all other State and
local  occupation  and  use  tax  laws  administered  by  the
Department,  for  the  immediately  preceding  calendar  year
divided by 12.
    Before August 1 of  each  year  beginning  in  1993,  the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to  make  payments  by  electronic  funds transfer shall make
those payments for a minimum of one year beginning on October
1.
    Any taxpayer not required to make payments by  electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All  taxpayers  required  to  make  payment by electronic
funds transfer and any taxpayers  authorized  to  voluntarily
make  payments  by electronic funds transfer shall make those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic  funds  transfer  and  the
requirements of this Section.
    If  the  taxpayer's  average monthly tax liability to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act, the Service Use Tax  Act  was
$10,000  or  more  during  the  preceding 4 complete calendar
quarters, he shall file a return  with  the  Department  each
month  by  the 20th day of the month next following the month
during which such tax liability is incurred  and  shall  make
payments  to  the Department on or before the 7th, 15th, 22nd
and last day of the month  during  which  such  liability  is
incurred.   If  the  month during which such tax liability is
incurred began prior to January 1, 1985, each  payment  shall
be  in  an  amount  equal  to  1/4  of  the taxpayer's actual
liability for the month or an amount set  by  the  Department
not  to  exceed  1/4  of the average monthly liability of the
taxpayer to the  Department  for  the  preceding  4  complete
calendar  quarters  (excluding the month of highest liability
and the month of lowest liability in such 4 quarter  period).
If  the  month  during  which  such tax liability is incurred
begins on or after January 1, 1985, and prior to  January  1,
1987,  each  payment  shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding year.  If the month during which such tax liability
is  incurred begins on or after January 1, 1987, and prior to
January 1, 1988, each payment shall be in an amount equal  to
22.5%  of  the  taxpayer's  actual liability for the month or
26.25% of the taxpayer's  liability  for  the  same  calendar
month  of the preceding year.  If the month during which such
tax liability is incurred begins on or after January 1, 1988,
and prior to January 1, 1989, or begins on or  after  January
1, 1996, each payment shall be in an amount equal to 22.5% of
the  taxpayer's  actual liability for the month or 25% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding year.  If the month during which such tax liability
is  incurred begins on or after January 1, 1989, and prior to
January 1, 1996, each payment shall be in an amount equal  to
22.5% of the taxpayer's actual liability for the month or 25%
of  the  taxpayer's  liability for the same calendar month of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period.  The amount of such
quarter monthly payments shall be credited against the  final
tax  liability of the taxpayer's return for that month.  Once
applicable, the requirement of the making of quarter  monthly
payments   to   the  Department  shall  continue  until  such
taxpayer's average monthly liability to the Department during
the preceding 4 complete  calendar  quarters  (excluding  the
month of highest liability and the month of lowest liability)
is less than $9,000, or until such taxpayer's average monthly
liability  to  the  Department  as computed for each calendar
quarter of the 4 preceding complete calendar  quarter  period
is  less  than  $10,000.  However, if a taxpayer can show the
Department  that  a  substantial  change  in  the  taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax  liability  for  the  reasonably
foreseeable   future  will  fall  below  $10,000,  then  such
taxpayer may petition  the  Department  for  change  in  such
taxpayer's  reporting  status.    The Department shall change
such taxpayer's reporting status unless it  finds  that  such
change  is seasonal in nature and not likely to be long term.
If any such quarter monthly payment is not paid at  the  time
or  in the amount required by this Section, then the taxpayer
shall be liable for penalties and interest on the  difference
between the minimum amount due and the amount of such quarter
monthly  payment  actually and timely paid, except insofar as
the taxpayer has previously made payments for that  month  to
the  Department  in excess of the minimum payments previously
due as provided in this Section.  The Department  shall  make
reasonable  rules  and  regulations  to  govern  the  quarter
monthly  payment amount and quarter monthly payment dates for
taxpayers who file on other than a calendar monthly basis.
    If any such payment provided for in this Section  exceeds
the  taxpayer's  liabilities  under  this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax  Act  and  the
Service  Use Tax Act, as shown by an original monthly return,
the  Department  shall  issue  to  the  taxpayer   a   credit
memorandum  no  later than 30 days after the date of payment,
which memorandum may be submitted  by  the  taxpayer  to  the
Department  in  payment  of  tax liability subsequently to be
remitted by the taxpayer to the Department or be assigned  by
the  taxpayer  to  a  similar  taxpayer  under  this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax Act
or the Service Use Tax Act,  in  accordance  with  reasonable
rules  and  regulations  to  be prescribed by the Department,
except that if such excess payment is shown  on  an  original
monthly return and is made after December 31, 1986, no credit
memorandum shall be issued, unless requested by the taxpayer.
If  no  such  request  is  made, the taxpayer may credit such
excess payment  against  tax  liability  subsequently  to  be
remitted  by  the  taxpayer to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act or the Service Use Tax Act, in accordance with reasonable
rules and regulations prescribed by the Department.   If  the
Department  subsequently  determines  that all or any part of
the credit taken was not actually due to  the  taxpayer,  the
taxpayer's  2.1%  or 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% of the difference between the  credit  taken
and  that  actually due, and the taxpayer shall be liable for
penalties and interest on such difference.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return for January, February, and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability   to  the  Department  does  not  exceed  $50,  the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    In addition, with respect to motor vehicles,  watercraft,
aircraft,  and  trailers  that  are required to be registered
with an agency of this State,  every  retailer  selling  this
kind  of  tangible  personal  property  shall  file, with the
Department, upon a form to be prescribed and supplied by  the
Department,  a separate return for each such item of tangible
personal property  which  the  retailer  sells,  except  that
where,  in  the  same  transaction,  a  retailer of aircraft,
watercraft, motor vehicles or trailers  transfers  more  than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor vehicle or trailer retailer for
the purpose of resale, that seller for resale may report  the
transfer  of  all the aircraft, watercraft, motor vehicles or
trailers involved in that transaction to  the  Department  on
the  same  uniform invoice-transaction reporting return form.
For purposes of this Section, "watercraft" means a  Class  2,
Class  3,  or Class 4 watercraft as defined in Section 3-2 of
the Boat Registration and Safety Act, a personal  watercraft,
or any boat equipped with an inboard motor.
    The  transaction  reporting  return  in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of the Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft and aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale, a  sufficient  identification  of
the   property  sold,  and  such  other  information  as  the
Department may reasonably require.
    Such transaction reporting  return  shall  be  filed  not
later  than  20  days  after the date of delivery of the item
that is being sold, but may be filed by the retailer  at  any
time   sooner  than  that  if  he  chooses  to  do  so.   The
transaction reporting return and tax remittance or  proof  of
exemption  from  the  tax  that is imposed by this Act may be
transmitted to the Department by way of the State agency with
which, or State officer  with  whom,  the  tangible  personal
property   must  be  titled  or  registered  (if  titling  or
registration is required) if the Department and  such  agency
or  State officer determine that this procedure will expedite
the processing of applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall  issue,  in  the  purchaser's  name,  a  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  tax  or  proof of exemption made to the Department before
the retailer is willing to take these actions and  such  user
has  not  paid the tax to the retailer, such user may certify
to the fact of such delay by the retailer, and may (upon  the
Department   being   satisfied   of   the   truth   of   such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Where  a  retailer  collects  the tax with respect to the
selling price of tangible personal property  which  he  sells
and  the  purchaser thereafter returns such tangible personal
property and the retailer refunds the selling  price  thereof
to  the  purchaser,  such  retailer shall also refund, to the
purchaser, the tax so  collected  from  the  purchaser.  When
filing his return for the period in which he refunds such tax
to  the  purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from  any  other  use
tax  which  such  retailer may be required to pay or remit to
the Department, as shown by such return, if the amount of the
tax to be deducted was previously remitted to the  Department
by  such  retailer.   If  the  retailer  has  not  previously
remitted  the  amount  of  such  tax to the Department, he is
entitled to no deduction under this Act upon  refunding  such
tax to the purchaser.
    Any  retailer  filing  a  return under this Section shall
also include (for the purpose  of  paying  tax  thereon)  the
total  tax  covered  by such return upon the selling price of
tangible personal property purchased by him at retail from  a
retailer, but as to which the tax imposed by this Act was not
collected  from  the  retailer  filing  such return, and such
retailer shall remit the amount of such tax to the Department
when filing such return.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable retailers, who are required to
file  returns  hereunder  and  also  under   the   Retailers'
Occupation  Tax  Act,  to  furnish all the return information
required by both Acts on the one form.
    Where the retailer has more than one business  registered
with  the  Department  under separate registration under this
Act, such retailer may not file each return that is due as  a
single  return  covering  all such registered businesses, but
shall  file  separate  returns  for  each   such   registered
business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform  Fund,  a
special  fund  in the State Treasury which is hereby created,
the net revenue realized for the preceding month from the  1%
tax  on  sales  of  food for human consumption which is to be
consumed off the  premises  where  it  is  sold  (other  than
alcoholic  beverages,  soft  drinks  and  food which has been
prepared for  immediate  consumption)  and  prescription  and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin,  urine  testing materials, syringes and needles used
by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the County and Mass Transit District Fund 4%
of the net revenue realized for the preceding month from  the
6.25%  general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by  an  agency  of
this State's government.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform  Fund,  a
special  fund  in  the State Treasury, 20% of the net revenue
realized for the preceding month from the 6.25% general  rate
on  the  selling  price  of tangible personal property, other
than tangible personal property which  is  purchased  outside
Illinois  at  retail  from  a retailer and which is titled or
registered by an agency of this State's government.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by  an  agency  of
this State's government.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section  9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section  9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of  2.2%
or  3.8%,  as  the  case  may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the  amount  transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  be less than the Annual Specified Amount
(as defined in Section 3 of  the  Retailers'  Occupation  Tax
Act),  an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys  received
by  the  Department  pursuant  to  the  Tax Acts; and further
provided, that if on the last business day of any  month  the
sum  of  (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the  Build  Illinois  Fund
during  such month and (2) the amount transferred during such
month to the Build Illinois Fund from  the  State  and  Local
Sales  Tax  Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal  to  the  difference
shall  be  immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to  the  Tax
Acts;  and,  further  provided,  that  in  no event shall the
payments required  under  the  preceding  proviso  result  in
aggregate  payments  into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the  greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable  into  the  Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing  Bonds  issued
and  outstanding  pursuant  to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for  the
defeasance of or the payment of the principal of, premium, if
any,  and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter  and  all  fees
and  costs  payable with respect thereto, all as certified by
the Director of the Bureau of the Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of the  preceding  sentence.   The  moneys  received  by  the
Department  pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of the  sums  designated
as  "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
           2007 and                     106,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in  any amendment thereto
hereafter enacted, each month the Department shall  pay  into
the Local Government Distributive Fund .4% of the net revenue
realized for the preceding month from the 5% general rate, or
.4%  of  80%  of  the  net revenue realized for the preceding
month from the 6.25% general rate, as the case may be, on the
selling price of  tangible  personal  property  which  amount
shall,  subject  to appropriation, be distributed as provided
in Section 2 of the State Revenue Sharing Act. No payments or
distributions pursuant to this paragraph shall be made if the
tax imposed  by  this  Act  on  photoprocessing  products  is
declared  unconstitutional,  or if the proceeds from such tax
are unavailable for distribution because of litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof  shall  be  paid  into  the
State Treasury and 25% shall be reserved in a special account
and  used  only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month;
except that this transfer shall not be made  for  the  months
February through June of 1992.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of administration,  manufacturers,
importers  and  wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and  paying  to  the
Department  all  tax  accruing under this Act with respect to
such sales, if the retailers who are  affected  do  not  make
written objection to the Department to this arrangement.
(Source: P.A.  89-379,  eff.  1-1-96;  89-626,  eff.  8-9-96;
90-491, eff. 1-1-99; 90-612, eff. 7-8-98.)

    Section  120.   The  Service  Use  Tax  Act is amended by
re-enacting Sections 2, 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30,
3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, 9, 10,  and
15 as follows:

    (35 ILCS 110/2) (from Ch. 120, par. 439.32)
    Sec.  2.  "Use"  means  the exercise by any person of any
right or power over tangible personal  property  incident  to
the ownership of that property, but does not include the sale
or  use for demonstration by him of that property in any form
as tangible  personal  property  in  the  regular  course  of
business.  "Use"  does  not  mean the interim use of tangible
personal property nor the physical incorporation of  tangible
personal  property,  as  an  ingredient  or constituent, into
other tangible personal property, (a) which is  sold  in  the
regular   course   of   business  or  (b)  which  the  person
incorporating such  ingredient  or  constituent  therein  has
undertaken  at  the  time  of  such  purchase  to cause to be
transported in interstate commerce  to  destinations  outside
the State of Illinois.
    "Purchased  from  a  serviceman" means the acquisition of
the ownership of, or title  to,  tangible  personal  property
through a sale of service.
    "Purchaser"  means  any  person  who,  through  a sale of
service, acquires the ownership of, or title to, any tangible
personal property.
    "Cost  price"  means  the  consideration  paid   by   the
serviceman  for  a  purchase valued in money, whether paid in
money or otherwise, including cash, credits and services, and
shall be determined without any deduction on account  of  the
supplier's  cost  of  the  property sold or on account of any
other expense incurred by the  supplier.  When  a  serviceman
contracts  out  part  or  all of the services required in his
sale of service, it shall be presumed that the cost price  to
the  serviceman  of the property transferred to him or her by
his  or  her  subcontractor  is   equal   to   50%   of   the
subcontractor's  charges  to the serviceman in the absence of
proof of the consideration paid by the subcontractor for  the
purchase of such property.
    "Selling price" means the consideration for a sale valued
in  money  whether  received in money or otherwise, including
cash, credits and service, and shall  be  determined  without
any  deduction  on  account  of  the serviceman's cost of the
property sold, the cost of materials used, labor  or  service
cost  or  any  other expense whatsoever, but does not include
interest or finance charges which appear as separate items on
the bill of sale or sales contract nor charges that are added
to prices by sellers on  account  of  the  seller's  duty  to
collect,  from the purchaser, the tax that is imposed by this
Act.
    "Department" means the Department of Revenue.
    "Person" means any natural individual, firm, partnership,
association, joint stock company, joint  venture,  public  or
private  corporation,  limited  liability  company,  and  any
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
    "Sale of service" means any transaction except:
         (1)  a  retail  sale  of  tangible personal property
    taxable under the Retailers' Occupation Tax Act or  under
    the Use Tax Act.
         (2)  a  sale  of  tangible personal property for the
    purpose of resale made in compliance with Section  2c  of
    the Retailers' Occupation Tax Act.
         (3)  except  as  hereinafter  provided,  a  sale  or
    transfer  of tangible personal property as an incident to
    the rendering of service for or by any governmental body,
    or for  or  by  any  corporation,  society,  association,
    foundation   or   institution   organized   and  operated
    exclusively  for  charitable,  religious  or  educational
    purposes  or  any  not-for-profit  corporation,  society,
    association,  foundation,  institution  or   organization
    which  has no compensated officers or employees and which
    is organized and operated primarily for the recreation of
    persons 55 years of age or  older.  A  limited  liability
    company   may   qualify  for  the  exemption  under  this
    paragraph  only  if  the  limited  liability  company  is
    organized  and  operated  exclusively   for   educational
    purposes.
         (4)  a   sale   or  transfer  of  tangible  personal
    property as an incident to the rendering of  service  for
    interstate  carriers  for  hire  for use as rolling stock
    moving in interstate commerce or by lessors under a lease
    of one year or longer, executed or in effect at the  time
    of  purchase of personal property, to interstate carriers
    for hire for use as rolling stock  moving  in  interstate
    commerce  so  long as so used by such interstate carriers
    for hire, and equipment operated by a  telecommunications
    provider,  licensed  as  a  common carrier by the Federal
    Communications Commission, which is permanently installed
    in or affixed to aircraft moving in interstate commerce.
         (4a)  a  sale  or  transfer  of  tangible   personal
    property  as  an incident to the rendering of service for
    owners,  lessors,  or  shippers  of   tangible   personal
    property  which  is  utilized  by interstate carriers for
    hire for  use  as  rolling  stock  moving  in  interstate
    commerce  so  long  as so used by interstate carriers for
    hire, and  equipment  operated  by  a  telecommunications
    provider,  licensed  as  a  common carrier by the Federal
    Communications Commission, which is permanently installed
    in or affixed to aircraft moving in interstate commerce.
         (5)  a sale or transfer of machinery  and  equipment
    used  primarily  in  the  process of the manufacturing or
    assembling, either in an existing, an expanded or  a  new
    manufacturing facility, of tangible personal property for
    wholesale  or  retail sale or lease, whether such sale or
    lease is made directly by the  manufacturer  or  by  some
    other  person,  whether the materials used in the process
    are owned by the manufacturer or some  other  person,  or
    whether  such  sale  or lease is made apart from or as an
    incident to the seller's engaging in a service occupation
    and the applicable tax is a Service Use  Tax  or  Service
    Occupation   Tax,  rather  than  Use  Tax  or  Retailers'
    Occupation Tax.
         (5a)  the repairing, reconditioning  or  remodeling,
    for  a  common  carrier  by  rail,  of  tangible personal
    property which belongs to such carrier for hire,  and  as
    to which such carrier receives the physical possession of
    the repaired, reconditioned or remodeled item of tangible
    personal  property  in  Illinois,  and which such carrier
    transports, or shares with another common carrier in  the
    transportation  of  such  property,  out of Illinois on a
    standard uniform bill of lading showing  the  person  who
    repaired,  reconditioned  or  remodeled the property to a
    destination outside Illinois, for use outside Illinois.
         (5b)  a  sale  or  transfer  of  tangible   personal
    property  which  is  produced  by  the  seller thereof on
    special  order  in  such  a  way  as  to  have  made  the
    applicable tax the Service Occupation Tax or the  Service
    Use Tax, rather than the Retailers' Occupation Tax or the
    Use Tax, for an interstate carrier by rail which receives
    the physical possession of such property in Illinois, and
    which  transports  such  property, or shares with another
    common carrier in the transportation  of  such  property,
    out  of  Illinois  on  a  standard uniform bill of lading
    showing the seller of the  property  as  the  shipper  or
    consignor  of  such  property  to  a  destination outside
    Illinois, for use outside Illinois.
         (6)  a sale or transfer  of  distillation  machinery
    and  equipment,  sold  as  a unit or kit and assembled or
    installed by the retailer, which machinery and  equipment
    is  certified  by  the  user  to  be  used  only  for the
    production  of  ethyl  alcohol  that  will  be  used  for
    consumption as motor fuel or as a component of motor fuel
    for the personal use of such user and not subject to sale
    or resale.
         (7)  at the election of any serviceman not  required
    to be otherwise registered as a retailer under Section 2a
    of  the  Retailers'  Occupation  Tax  Act,  made for each
    fiscal year sales  of  service  in  which  the  aggregate
    annual   cost   price   of   tangible  personal  property
    transferred as an incident to the  sales  of  service  is
    less   than  35%,  or  75%  in  the  case  of  servicemen
    transferring prescription drugs or servicemen engaged  in
    graphic  arts  production,  of the aggregate annual total
    gross receipts from all sales of service. The purchase of
    such tangible personal property by the  serviceman  shall
    be subject to tax under the Retailers' Occupation Tax Act
    and  the  Use  Tax Act.  However, if a primary serviceman
    who has made the election  described  in  this  paragraph
    subcontracts  service  work to a secondary serviceman who
    has also made the election described in  this  paragraph,
    the primary serviceman does not incur a Use Tax liability
    if  the secondary serviceman (i) has paid or will pay Use
    Tax on his or her cost price  of  any  tangible  personal
    property  transferred  to the primary serviceman and (ii)
    certifies that fact in writing to the primary serviceman.
    Tangible personal property transferred  incident  to  the
completion  of a maintenance agreement is exempt from the tax
imposed pursuant to this Act.
    Exemption (5) also includes machinery and equipment  used
in the general maintenance or repair of such exempt machinery
and equipment or for in-house manufacture of exempt machinery
and  equipment.  For  the  purposes of exemption (5), each of
these  terms  shall  have  the   following   meanings:    (1)
"manufacturing  process"  shall  mean  the  production of any
article of tangible personal property, whether  such  article
is a finished product or an article for use in the process of
manufacturing  or  assembling a different article of tangible
personal  property,  by  procedures  commonly   regarded   as
manufacturing,  processing,  fabricating,  or  refining which
changes some existing material or materials into  a  material
with  a  different  form,  use  or  name.   In  relation to a
recognized  integrated  business  composed  of  a  series  of
operations which collectively  constitute  manufacturing,  or
individually   constitute   manufacturing   operations,   the
manufacturing  process  shall  be deemed to commence with the
first operation or stage of production  in  the  series,  and
shall  not be deemed to end until the completion of the final
product in the last operation or stage of production  in  the
series;   and   further,   for  purposes  of  exemption  (5),
photoprocessing is deemed to be a  manufacturing  process  of
tangible  personal property for wholesale or retail sale; (2)
"assembling process" shall mean the production of any article
of tangible personal property,  whether  such  article  is  a
finished  product  or  an  article  for use in the process of
manufacturing or assembling a different article  of  tangible
personal  property,  by the combination of existing materials
in a manner commonly regarded as assembling which results  in
a  material of a different form, use or name; (3) "machinery"
shall mean major mechanical machines or major  components  of
such  machines  contributing to a manufacturing or assembling
process; and (4) "equipment" shall  include  any  independent
device  or  tool separate from any machinery but essential to
an integrated manufacturing or  assembly  process;  including
computers  used  primarily  in operating exempt machinery and
equipment in a computer assisted  design,  computer  assisted
manufacturing  (CAD/CAM)  system;  or any subunit or assembly
comprising a component of any machinery or auxiliary, adjunct
or attachment parts of machinery, such as tools, dies,  jigs,
fixtures,  patterns  and  molds;  or  any parts which require
periodic replacement in the course of normal  operation;  but
shall not include hand tools. The purchaser of such machinery
and  equipment  who  has an active resale registration number
shall furnish such number  to  the  seller  at  the  time  of
purchase.  The user of such machinery and equipment and tools
without an active resale registration number shall prepare  a
certificate  of  exemption for each transaction stating facts
establishing  the  exemption  for  that  transaction,   which
certificate   shall   be  available  to  the  Department  for
inspection or audit.  The Department shall prescribe the form
of the certificate.
    Any informal rulings, opinions or letters issued  by  the
Department  in  response  to  an  inquiry  or request for any
opinion  from  any  person   regarding   the   coverage   and
applicability  of  exemption (5) to specific devices shall be
published, maintained as a public record, and made  available
for  public  inspection and copying.  If the informal ruling,
opinion  or  letter   contains   trade   secrets   or   other
confidential information, where possible the Department shall
delete  such information prior to publication.  Whenever such
informal rulings, opinions, or letters contain any policy  of
general  applicability,  the  Department  shall formulate and
adopt such policy as a rule in accordance with the provisions
of the Illinois Administrative Procedure Act.
    On and after July 1, 1987, no entity  otherwise  eligible
under  exemption  (3)  of  this  Section  shall make tax free
purchases unless it has an  active  exemption  identification
number issued by the Department.
    The  purchase,  employment  and transfer of such tangible
personal property  as  newsprint  and  ink  for  the  primary
purpose of conveying news (with or without other information)
is  not  a  purchase,  use  or sale of service or of tangible
personal property within the meaning of this Act.
    "Serviceman" means any  person  who  is  engaged  in  the
occupation of making sales of service.
    "Sale at retail" means "sale at retail" as defined in the
Retailers' Occupation Tax Act.
    "Supplier"  means  any person who makes sales of tangible
personal property to servicemen for the purpose of resale  as
an incident to a sale of service.
    "Serviceman  maintaining  a  place  of  business  in this
State", or any like term, means and includes any serviceman:
         1.  having  or  maintaining   within   this   State,
    directly  or  by  a  subsidiary,  an office, distribution
    house, sales house, warehouse or other place of business,
    or any agent or  other  representative  operating  within
    this  State  under the authority of the serviceman or its
    subsidiary,  irrespective  of  whether  such   place   of
    business or agent or other representative is located here
    permanently or temporarily, or whether such serviceman or
    subsidiary is licensed to do business in this State;
         2.  soliciting orders for tangible personal property
    by  means  of  a telecommunication or television shopping
    system  (which  utilizes  toll  free  numbers)  which  is
    intended  by  the  retailer  to  be  broadcast  by  cable
    television or other means of broadcasting,  to  consumers
    located in this State;
         3.  pursuant  to  a  contract  with a broadcaster or
    publisher located in this State,  soliciting  orders  for
    tangible  personal property by means of advertising which
    is disseminated primarily to consumers  located  in  this
    State and only secondarily to bordering jurisdictions;
         4.  soliciting orders for tangible personal property
    by   mail   if  the  solicitations  are  substantial  and
    recurring and if the retailer benefits from any  banking,
    financing,   debt   collection,   telecommunication,   or
    marketing  activities occurring in this State or benefits
    from  the  location   in   this   State   of   authorized
    installation, servicing, or repair facilities;
         5.  being  owned or controlled by the same interests
    which own or control any retailer engaging in business in
    the same or similar line of business in this State;
         6.  having a franchisee or licensee operating  under
    its  trade name if the franchisee or licensee is required
    to collect the tax under this Section;
         7.  pursuant to a contract with a  cable  television
    operator  located  in  this  State, soliciting orders for
    tangible personal property by means of advertising  which
    is  transmitted  or  distributed  over a cable television
    system in this State; or
         8.  engaging  in  activities  in   Illinois,   which
    activities  in  the  state  in  which the supply business
    engaging in such activities is located  would  constitute
    maintaining a place of business in that state.
(Source: P.A.  88-480;  88-505; 88-547; 88-670, eff. 12-2-94;
89-675, eff. 8-14-96.)

    (35 ILCS 110/3) (from Ch. 120, par. 439.33)
    Sec.  3.   Tax  imposed.   A  tax  is  imposed  upon  the
privilege of using in this State real  or  tangible  personal
property acquired as an incident to the purchase of a service
from a serviceman, including computer software, and including
photographs, negatives, and positives that are the product of
photoprocessing,    but    not    including    products    of
photoprocessing  produced  for  use  in  motion  pictures for
public commercial exhibition.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475; 87-879.)

    (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
    Sec.  3-5.   Exemptions.   Use  of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1)  Personal  property  purchased  from  a  corporation,
society,    association,    foundation,    institution,    or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or  older  if  the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2)  Personal property purchased by a non-profit Illinois
county  fair association for use in conducting, operating, or
promoting the county fair.
    (3)  Personal  property  purchased  by  a  not-for-profit
music or dramatic  arts  organization  that  establishes,  by
proof  required  by  the  Department  by  rule,  that  it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that  is  organized  and  operated  for  the
presentation  of  live  public  performances  of  musical  or
theatrical works on a regular basis.
    (4)  Legal  tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (5)  Graphic  arts  machinery  and  equipment,  including
repair  and  replacement  parts,  both  new  and  used,   and
including that manufactured on special order or purchased for
lease,  certified  by  the purchaser to be used primarily for
graphic arts production.
    (6)  Personal property purchased from a teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (7)  Farm  machinery  and  equipment,  both new and used,
including that manufactured on special  order,  certified  by
the purchaser to be used primarily for production agriculture
or   State   or   federal  agricultural  programs,  including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased  for  lease,  and
including implements of husbandry defined in Section 1-130 of
the  Illinois  Vehicle  Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons  required
to  be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding  other  motor  vehicles  required  to  be
registered  under  the  Illinois  Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating,  growing,  or
overwintering  plants  shall be considered farm machinery and
equipment under this item (7). Agricultural  chemical  tender
tanks  and dry boxes shall include units sold separately from
a motor vehicle  required  to  be  licensed  and  units  sold
mounted  on  a  motor  vehicle required to be licensed if the
selling price of the tender is separately stated.
    Farm machinery  and  equipment  shall  include  precision
farming  equipment  that  is  installed  or  purchased  to be
installed on farm machinery and equipment including, but  not
limited   to,   tractors,   harvesters,  sprayers,  planters,
seeders, or spreaders. Precision farming equipment  includes,
but  is  not  limited  to,  soil  testing sensors, computers,
monitors, software, global positioning and  mapping  systems,
and other such equipment.
    Farm  machinery  and  equipment  also includes computers,
sensors, software, and related equipment  used  primarily  in
the  computer-assisted  operation  of  production agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited to, the collection, monitoring,  and  correlation  of
animal  and  crop  data for the purpose of formulating animal
diets and agricultural chemicals.  This item  (7)  is  exempt
from the provisions of Section 3-75.
    (8)  Fuel  and  petroleum  products sold to or used by an
air common carrier, certified by the carrier to be  used  for
consumption,  shipment,  or  storage  in  the  conduct of its
business as an air common carrier, for a flight destined  for
or  returning from a location or locations outside the United
States without regard  to  previous  or  subsequent  domestic
stopovers.
    (9)  Proceeds  of  mandatory  service  charges separately
stated on customers' bills for the purchase  and  consumption
of food and beverages acquired as an incident to the purchase
of  a  service  from  a  serviceman,  to  the extent that the
proceeds of the service charge are in  fact  turned  over  as
tips  or  as  a  substitute  for  tips  to  the employees who
participate  directly  in  preparing,  serving,  hosting   or
cleaning  up  the  food  or beverage function with respect to
which the service charge is imposed.
    (10)  Oil field  exploration,  drilling,  and  production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
goods, including casing and drill strings,  (iii)  pumps  and
pump-jack  units,  (iv) storage tanks and flow lines, (v) any
individual  replacement  part  for  oil  field   exploration,
drilling,  and  production  equipment, and (vi) machinery and
equipment purchased for lease; but excluding  motor  vehicles
required to be registered under the Illinois Vehicle Code.
    (11)  Proceeds from the sale of photoprocessing machinery
and  equipment,  including repair and replacement parts, both
new and used, including that manufactured on  special  order,
certified   by   the  purchaser  to  be  used  primarily  for
photoprocessing, and including photoprocessing machinery  and
equipment purchased for lease.
    (12)  Coal   exploration,   mining,  offhighway  hauling,
processing, maintenance, and reclamation equipment, including
replacement parts  and  equipment,  and  including  equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
    (13)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (14)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (15)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or  treatment  of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the  time  the  lessor  would
otherwise  be  subject  to  the tax imposed by this Act, to a
hospital  that  has  been  issued  an  active  tax  exemption
identification number by the Department under Section  1g  of
the Retailers' Occupation Tax Act. If the equipment is leased
in  a  manner  that does not qualify for this exemption or is
used in any other non-exempt  manner,  the  lessor  shall  be
liable for the tax imposed under this Act or the Use Tax Act,
as  the  case  may  be, based on the fair market value of the
property at the  time  the  non-qualifying  use  occurs.   No
lessor shall collect or attempt to collect an amount (however
designated)  that  purports  to reimburse that lessor for the
tax imposed by this Act or the Use Tax Act, as the  case  may
be,  if the tax has not been paid by the lessor.  If a lessor
improperly collects any such  amount  from  the  lessee,  the
lessee  shall  have  a  legal right to claim a refund of that
amount from the lessor.  If,  however,  that  amount  is  not
refunded  to  the lessee for any reason, the lessor is liable
to pay that amount to the Department.
    (16)  Personal property purchased by a lessor who  leases
the property, under a lease of one year or longer executed or
in  effect  at the time the lessor would otherwise be subject
to the tax imposed by this Act, to a governmental  body  that
has been issued an active tax exemption identification number
by   the  Department  under  Section  1g  of  the  Retailers'
Occupation Tax Act.  If the property is leased  in  a  manner
that  does  not  qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable  for  the
tax  imposed  under  this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs.  No lessor shall  collect
or  attempt  to  collect  an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if  the  tax  has
not been paid by the lessor.  If a lessor improperly collects
any  such  amount  from  the  lessee, the lessee shall have a
legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to  the  lessee  for
any  reason,  the  lessor is liable to pay that amount to the
Department.
    (17)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that  is  donated
for  disaster  relief  to  be  used  in  a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State  to
a   corporation,   society,   association,   foundation,   or
institution  that  has  been  issued  a  sales  tax exemption
identification number by the Department that assists  victims
of the disaster who reside within the declared disaster area.
    (18)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is used in
the performance of  infrastructure  repairs  in  this  State,
including  but  not  limited  to municipal roads and streets,
access roads, bridges,  sidewalks,  waste  disposal  systems,
water  and  sewer  line  extensions,  water  distribution and
purification facilities, storm water drainage  and  retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located  in  the declared disaster area within 6 months after
the disaster.
(Source: P.A.  89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;
89-349,  eff.  8-17-95;  89-495,  eff.  6-24-96; 89-496, eff.
6-25-96; 89-626, eff. 8-9-96;  90-14,  eff.  7-1-97;  90-552,
eff. 12-12-97; 90-605, eff. 6-30-98.)

    (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
    Sec.  3-10.   Rate  of tax.  Unless otherwise provided in
this Section, the tax imposed by this Act is at the  rate  of
6.25%  of  the  selling  price  of tangible personal property
transferred as an incident to the sale of service,  but,  for
the  purpose  of  computing  this  tax, in no event shall the
selling price be less than the cost price of the property  to
the serviceman.
    With  respect  to gasohol, as defined in the Use Tax Act,
the tax imposed by this Act applies to  70%  of  the  selling
price  of  property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
and to 100% of the selling price thereafter.
    At the election of any  registered  serviceman  made  for
each  fiscal  year,  sales  of service in which the aggregate
annual cost price of tangible personal  property  transferred
as  an  incident to the sales of service is less than 35%, or
75% in the case of servicemen transferring prescription drugs
or servicemen engaged in  graphic  arts  production,  of  the
aggregate  annual  total  gross  receipts  from  all sales of
service, the tax imposed by this Act shall be  based  on  the
serviceman's  cost  price  of  the tangible personal property
transferred as an incident to the sale of those services.
    The tax shall be imposed  at  the  rate  of  1%  on  food
prepared  for  immediate consumption and transferred incident
to a sale of service subject  to  this  Act  or  the  Service
Occupation  Tax  Act by an entity licensed under the Hospital
Licensing Act or the Nursing Home Care Act.   The  tax  shall
also  be  imposed  at  the  rate  of  1%  on  food  for human
consumption that is to be consumed off the premises where  it
is  sold  (other  than  alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption and  is
not  otherwise  included  in this paragraph) and prescription
and nonprescription  medicines,  drugs,  medical  appliances,
modifications to a motor vehicle for the purpose of rendering
it  usable  by  a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, the term "soft drinks"
means any  complete,  finished,  ready-to-use,  non-alcoholic
drink,  whether  carbonated or not, including but not limited
to soda water, cola, fruit juice, vegetable juice, carbonated
water, and all other  preparations  commonly  known  as  soft
drinks  of whatever kind or description that are contained in
any closed or  sealed  bottle,  can,  carton,  or  container,
regardless  of  size.  "Soft drinks" does not include coffee,
tea, non-carbonated  water,  infant  formula,  milk  or  milk
products  as defined in the Grade A Pasteurized Milk and Milk
Products Act, or drinks containing 50% or more natural  fruit
or vegetable juice.
    Notwithstanding  any  other provisions of this Act, "food
for human consumption that is to be consumed off the premises
where it is sold" includes all food sold  through  a  vending
machine,  except  soft  drinks  and  food  products  that are
dispensed hot from  a  vending  machine,  regardless  of  the
location of the vending machine.
    If  the  property  that  is acquired from a serviceman is
acquired outside Illinois and used  outside  Illinois  before
being  brought  to Illinois for use here and is taxable under
this Act, the "selling price" on which the  tax  is  computed
shall  be  reduced  by an amount that represents a reasonable
allowance  for  depreciation  for   the   period   of   prior
out-of-state use.
(Source: P.A.  89-359,  eff.  8-17-95;  89-420,  eff. 6-1-96;
89-463, eff.  5-31-96;  89-626,  eff.  8-9-96;  90-605,  eff.
6-30-98; 90-606, eff. 6-30-98.)
    (35 ILCS 110/3-15) (from Ch. 120, par. 439.33-15)
    Sec.  3-15.   Photoprocessing.   For  purposes of the tax
imposed on photographs, negatives, and positives by this Act,
"photoprocessing" includes, but is not limited to, developing
films, positives, negatives, and transparencies, and tinting,
coloring, making, and enlarging prints.  Photoprocessing does
not include color separation, typesetting, and platemaking by
photographic means in the graphic arts industry and does  not
include  any  procedure,  process, or activity connected with
the creation of  the  images  on  the  film  from  which  the
negatives, positives, or photographs are derived.  The charge
for  in-house  photoprocessing  may  not  be  less  than  the
photoprocessor's cost price of materials.  In transactions in
which  products  of  photoprocessing  are sold in conjunction
with other services, if  a  charge  for  the  photoprocessing
component  is not separately stated, tax is imposed on 50% of
the entire selling  price  unless  the  sale  is  made  by  a
professional  photographer,  in  which case tax is imposed on
10% of the entire selling price.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-20) (from Ch. 120, par. 439.33-20)
    Sec.  3-20.   Bullion.   For  purposes  of  the exemption
pertaining to  bullion,  "bullion"  means  gold,  silver,  or
platinum  in  a bulk state with a purity of not less than 980
parts per 1,000.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-25) (from Ch. 120, par. 439.33-25)
    Sec.  3-25.  Computer software.  For the purposes of this
Act, "computer software" means a set of statements, data,  or
instructions  to be used directly or indirectly in a computer
in order to bring about a certain result in any form in which
those statements, data,  or  instructions  may  be  embodied,
transmitted,  or  fixed, by any method now known or hereafter
developed, regardless of whether  the  statements,  data,  or
instructions   are   capable   of   being   perceived  by  or
communicated to humans, and  includes  prewritten  or  canned
software  that  is  held  for repeated sale or lease, and all
associated  documentation  and  materials,  if  any,  whether
contained on magnetic tapes, discs, cards, or  other  devices
or  media,  but  does not include software that is adapted to
specific  individualized   requirements   of   a   purchaser,
custom-made  and  modified software designed for a particular
or limited use by a purchaser, or software  used  to  operate
exempt  machinery  and  equipment  used  in  the  process  of
manufacturing  or  assembling  tangible personal property for
wholesale or retail sale or lease.
    For the purposes of this Act, computer software shall  be
considered to be tangible personal property.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-30) (from Ch. 120, par. 439.33-30)
    Sec. 3-30.  Graphic arts production.  For the purposes of
this Act, "graphic arts production" means printing by one  or
more  of  the  common  processes  or  graphic arts production
services as those processes and services are defined  in  the
Major Group 27 of the U.S. Standard Industrial Classification
Manual.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-35) (from Ch. 120, par. 439.33-35)
    Sec. 3-35.  Production agriculture.  For purposes of this
Act, "production agriculture" means the  raising  of  or  the
propagation   of   livestock;   crops   for  sale  for  human
consumption; crops for livestock consumption; and  production
seed  stock  grown for the propagation of feed grains and the
husbandry of animals or for the purpose of providing  a  food
product,  including  the  husbandry  of blood stock as a main
source of providing a food product. "Production  agriculture"
also   means  animal  husbandry,  floriculture,  aquaculture,
horticulture, and viticulture.
(Source: P.A. 89-220, eff. 1-1-96.)

    (35 ILCS 110/3-40) (from Ch. 120, par. 439.33-40)
    Sec. 3-40.  Collection.  The  tax  imposed  by  this  Act
shall  be  collected  at  the  time of purchase in the manner
prescribed by the Department from the user  by  a  serviceman
maintaining  a  place  of  business  in  this  State  or by a
serviceman authorized by the Department under  Section  7  of
this  Act, and the tax shall be remitted to the Department as
provided in Section 9 of this Act.
    The tax imposed by  this  Act  that  is  not  paid  to  a
serviceman under this Section shall be paid to the Department
directly  by  any person using the property within this State
as provided in Section 10 of this Act.
    If a serviceman collects  Service  Use  Tax  measured  by
receipts  or  selling  prices that are not subject to Service
Use Tax, or if a serviceman, in collecting  Service  Use  Tax
measured  by  receipts  or selling prices that are subject to
tax under this Act, collects more from the purchaser than the
required amount of the Service Use Tax  on  the  transaction,
the  purchaser  shall have a legal right to claim a refund of
that amount from the serviceman. If, however, that amount  is
not  refunded to the purchaser for any reason, the serviceman
is  liable  to  pay  that  amount  to  the  Department.  This
paragraph does not  apply  to  an  amount  collected  by  the
serviceman  as  Service Use Tax on receipts or selling prices
that are subject to  tax  under  this  Act  as  long  as  the
collection  is  made  in  compliance  with the tax collection
brackets prescribed  by  the  Department  in  its  rules  and
regulations.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
    Sec. 3-45.  Multistate exemption.  To prevent  actual  or
likely  multistate taxation, the tax imposed by this Act does
not apply to the use of tangible personal  property  in  this
State under the following circumstances:
    (a)  The use, in this State, of property acquired outside
this  State by a nonresident individual and brought into this
State by  the  individual  for  his  or  her  own  use  while
temporarily  within  this State or while passing through this
State.
    (b)  The use, in this State, of property that is acquired
outside this State and that is moved into this State for  use
as rolling stock moving in interstate commerce.
    (c)  The use, in this State, of property that is acquired
outside  this  State and caused to be brought into this State
by a person who has already paid a tax in  another  state  in
respect  to  the  sale, purchase, or use of that property, to
the extent of the amount of the tax properly due and paid  in
the other state.
    (d)  The  temporary  storage,  in this State, of property
that is acquired outside this  State  and  that  after  being
brought  into this State and stored here temporarily, is used
solely outside this State or is  physically  attached  to  or
incorporated  into other property that is used solely outside
this  State,  or  is  altered  by  converting,   fabricating,
manufacturing,  printing,  processing,  or  shaping,  and, as
altered, is used solely outside this State.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-50) (from Ch. 120, par. 439.33-50)
    Sec.  3-50.   Rolling stock exemption.  The rolling stock
exemption applies to rolling  stock  used  by  an  interstate
carrier  for  hire,  even just between points in Illinois, if
the  rolling  stock  transports,  for  hire,  persons   whose
journeys  or  property whose shipments originate or terminate
outside Illinois.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-55) (from Ch. 120, par. 439.33-55)
    Sec.  3-55.   S.  O. T. nontaxability.  If the serviceman
would not be taxable under the  Service  Occupation  Tax  Act
despite  all  elements  of  his  sale of service occurring in
Illinois, then the tax imposed by this Act does not apply  to
the  use  in  this  State  of  the  property transferred as a
necessary incident to the sale of service.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-60) (from Ch. 120, par. 439.33-60)
    Sec.  3-60.   Property  acquired by nonresident.  The tax
imposed by this Act does not apply to the use, in this State,
of  property  that  is  acquired  outside  this  State  by  a
nonresident individual who then brings the property  to  this
State for use here and who has used the property outside this
State  for  at least 3 months before bringing the property to
this State.
    Where a business that is not operated in Illinois, but is
operated in another state, is moved to Illinois or  opens  up
an  office,  plant,  or  other business facility in Illinois,
that business shall not be taxed on its use, in Illinois,  of
used  property  that the business bought outside Illinois and
used outside Illinois in the operation of the business for at
least 3 months before moving the used  property  to  Illinois
for use in this State.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3-65) (from Ch. 120, par. 439.33-65)
    Sec.  3-65.   Liability  because   of   amendatory   Act.
Revisions  in  Section  3  (now  Sections  3 through 3-65) by
Public Act 85-1135 do not affect  tax  liability  that  arose
before January 1, 1990.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 110/3d) (from Ch. 120, par. 439.33d)
    Sec. 3d.  (1) Except as provided in paragraph (2) of this
Section, the selling price of each item of tangible  personal
property  transferred  incident  to  a sale of service may be
stated as a distinct item by the serviceman  to  the  service
customer and the tax imposed by this Act shall when collected
be  stated  as  a  distinct  item separate and apart from the
selling price of the  tangible  personal  property.   If  the
selling  price  of  each  item  of tangible personal property
transferred incidental to a sale of service is not stated  as
a  separate  item  on the serviceman's billing to the service
customer, then the tax imposed by this Act shall be based  on
50%  of  the  serviceman's  entire  billing  to  the  service
customer.
    (2)  When  a  serviceman contracts to design, develop and
produce special order machinery or equipment, the tax imposed
by this Act shall be based on the serviceman's cost price  of
the  tangible  personal  property transferred incident to the
completion of the contract.
(Source: P.A. 85-1135.)

    (35 ILCS 110/7a) (from Ch. 120, par. 439.37a)
    Sec. 7a.  It is unlawful for any serviceman to  advertise
or  hold  out  or  state  to  the  public  or  to any service
customer,  purchaser,   consumer   or   user,   directly   or
indirectly,  that  the  tax  imposed  by this Act or any part
thereof will be assumed or absolved by the serviceman or that
it will not be added to the selling  price  of  the  property
transferred  as an incident to a sale of service, or if added
that it or any part thereof will be refunded other than  when
the  serviceman  refunds the selling price and tax because of
the merchandise being returned to  the  serviceman  or  other
than  when  the  serviceman credits or refunds the tax to the
service customer to support a claim filed with the Department
under the Service Occupation Tax Act or under this Act.   Any
person violating any of the provisions of this Section within
the State shall be guilty of a Class A misdemeanor.
(Source: P.A. 85-1135.)

    (35 ILCS 110/9) (from Ch. 120, par. 439.39)
    Sec.   9.  Each  serviceman  required  or  authorized  to
collect the tax herein imposed shall pay  to  the  Department
the  amount of such tax (except as otherwise provided) at the
time when he is required to file his return  for  the  period
during  which such tax was collected, less a discount of 2.1%
prior to January 1, 1990 and 1.75% on and  after  January  1,
1990, or $5 per calendar year, whichever is greater, which is
allowed  to reimburse the serviceman for expenses incurred in
collecting the tax, keeping  records,  preparing  and  filing
returns,   remitting  the  tax  and  supplying  data  to  the
Department on request. A serviceman need not remit that  part
of any tax collected by him to the extent that he is required
to pay and does pay the tax imposed by the Service Occupation
Tax  Act  with  respect  to his sale of service involving the
incidental transfer by him of the same property.
    Except as provided hereinafter in  this  Section,  on  or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman  shall  file  a  return for the preceding calendar
month in accordance with reasonable Rules and Regulations  to
be  promulgated by the Department. Such return shall be filed
on a form prescribed by the Department and shall contain such
information as the Department may reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him   during  the  preceding  calendar  month,  including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.  The  term  "average
monthly  tax  liability"  means  the  sum  of  the taxpayer's
liabilities under this Act, and under  all  other  State  and
local  occupation  and  use  tax  laws  administered  by  the
Department,  for  the  immediately  preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to make payments by  electronic  funds  transfer  shall  make
those payments for a minimum of one year beginning on October
1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    If the serviceman is otherwise required to file a monthly
return and if the serviceman's average monthly tax  liability
to  the  Department  does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the serviceman is otherwise required to file a monthly
or quarterly return and if the serviceman's  average  monthly
tax  liability  to  the  Department  does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which a serviceman  may  file  his
return, in the case of any serviceman who ceases to engage in
a  kind  of  business  which makes him responsible for filing
returns under this Act, such serviceman shall  file  a  final
return  under  this  Act  with the Department not more than 1
month after discontinuing such business.
    Where a serviceman collects the tax with respect  to  the
selling  price  of  property which he sells and the purchaser
thereafter returns such property and the  serviceman  refunds
the  selling  price thereof to the purchaser, such serviceman
shall also refund, to the purchaser,  the  tax  so  collected
from  the purchaser. When filing his return for the period in
which he refunds such tax to the  purchaser,  the  serviceman
may  deduct  the  amount of the tax so refunded by him to the
purchaser from any other Service Use Tax, Service  Occupation
Tax,   retailers'  occupation  tax  or  use  tax  which  such
serviceman may be required to pay or remit to the Department,
as shown by such return, provided that the amount of the  tax
to  be  deducted  shall  previously have been remitted to the
Department by such serviceman. If the  serviceman  shall  not
previously  have  remitted  the  amount  of  such  tax to the
Department, he shall be entitled to  no  deduction  hereunder
upon refunding such tax to the purchaser.
    Any  serviceman  filing  a  return  hereunder  shall also
include the total tax upon  the  selling  price  of  tangible
personal  property purchased for use by him as an incident to
a sale of service, and such serviceman shall remit the amount
of such tax to the Department when filing such return.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable servicemen, who  are  required
to   file  returns  hereunder  and  also  under  the  Service
Occupation Tax Act, to furnish  all  the  return  information
required by both Acts on the one form.
    Where   the   serviceman   has  more  than  one  business
registered with the Department  under  separate  registration
hereunder, such serviceman shall not file each return that is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Tax Reform Fund, a special
fund in the State Treasury, the net revenue realized for  the
preceding  month  from  the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which  has  been  prepared  for  immediate  consumption)  and
prescription and nonprescription  medicines,  drugs,  medical
appliances and insulin, urine testing materials, syringes and
needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform Fund  20%
of  the net revenue realized for the preceding month from the
6.25%  general  rate  on  transfers  of   tangible   personal
property,  other  than  tangible  personal  property which is
purchased outside Illinois at  retail  from  a  retailer  and
which  is  titled  or registered by an agency of this State's
government.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a)  1.75% thereof shall be  paid  into
the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof  shall  be   paid
into  the  Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the  Department
and required to be paid into the Build Illinois Fund pursuant
to  Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts  being
hereinafter  called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may  be,  of  moneys  being  hereinafter
called  the  "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual  Specified   Amount
(as  defined  in  Section  3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be  immediately
paid  into the Build Illinois Fund from other moneys received
by the Department pursuant  to  the  Tax  Acts;  and  further
provided,  that  if on the last business day of any month the
sum of (1) the Tax Act Amount required to be  deposited  into
the  Build  Illinois  Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred during  such
month  to  the  Build  Illinois Fund from the State and Local
Sales Tax Reform Fund shall have been less than 1/12  of  the
Annual  Specified  Amount,  an amount equal to the difference
shall be immediately paid into the Build Illinois  Fund  from
other  moneys  received by the Department pursuant to the Tax
Acts; and, further provided,  that  in  no  event  shall  the
payments  required  under  the  preceding  proviso  result in
aggregate payments into the Build Illinois Fund  pursuant  to
this  clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable into the Build Illinois Fund under  this  clause  (b)
shall be payable only until such time as the aggregate amount
on  deposit  under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois  Bond  Act  is
sufficient, taking into account any future investment income,
to  fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture  and
on  any  Bonds  expected to be issued thereafter and all fees
and costs payable with respect thereto, all as  certified  by
the  Director  of  the  Bureau of the Budget.  If on the last
business day of any month  in  which  Bonds  are  outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of  the  preceding  sentence.   The  moneys  received  by the
Department pursuant to this Act and required to be  deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
      Fiscal Year                     Total Deposit
         1993                                   $0
         1994                           53,000,000
         1995                           58,000,000
         1996                           61,000,000
         1997                           64,000,000
         1998                           68,000,000
         1999                           71,000,000
         2000                           75,000,000
         2001                           80,000,000
         2002                           84,000,000
         2003                           89,000,000
         2004                           93,000,000
         2005                           97,000,000
         2006                           102,000,000
         2007 and                       106,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority Act,
    but not after fiscal year 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue  Sharing  Act.  No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this Act on photo processing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    All remaining moneys received by the Department  pursuant
to  this  Act  shall be paid into the General Revenue Fund of
the State Treasury.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month;
except that this transfer shall not be made  for  the  months
February through June, 1992.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
(Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.)

    (35 ILCS 110/10) (from Ch. 120, par. 439.40)
    Sec. 10. Where property is acquired as an incident to the
purchase of a service from a serviceman for use in this State
by a purchaser who did not pay the tax herein imposed to  the
serviceman, and who does not file returns with the Department
as  a  serviceman under Section 9 of this Act, such purchaser
(by the last day of the month following the calendar month in
which such purchaser makes any payment upon the selling price
of such property) shall, except as  hereinafter  provided  in
this  Section,  file a return with the Department and pay the
tax upon that portion of the selling price  so  paid  by  the
purchaser  during  the  preceding calendar month. Such return
shall be filed on a form prescribed  by  the  Department  and
shall   contain   such  information  as  the  Department  may
reasonably require.
    When a purchaser pays a tax herein  imposed  directly  to
the  Department,  the  Department (upon request therefor from
such purchaser) shall issue an appropriate  receipt  to  such
purchaser   showing   that  he  has  paid  such  tax  to  the
Department. Such receipt shall be sufficient to  relieve  the
purchaser  from  further liability from the tax to which such
receipt may refer.
    A user who is liable to pay Service Use Tax  directly  to
the  Department  only  occasionally  and  not on a frequently
recurring basis, and who is  not  required  to  file  returns
within the Department as a serviceman under Section 9 of this
Act,  or  as  a  serviceman under the "Service Occupation Tax
Act", or as a retailer or user under the "Use Tax Act", or as
a retailer under the "Retailers' Occupation  Tax  Act",  need
not register with the Department. However, if such a user has
a  frequently  recurring  direct Service Use Tax liability to
pay to  the  Department,  such  user  shall  be  required  to
register  with  the  Department  on  forms  prescribed by the
Department  and  to  obtain  and  display  a  certificate  of
registration from the Department. In that event, all  of  the
provisions  of Section 9 of this Act concerning the filing of
regular monthly, quarterly or annual tax returns and  all  of
the  provisions  of  Section 2a of the "Retailers' Occupation
Tax Act" concerning the requirements for registrants to  post
bond or other security with the Department, as the provisions
of such sections now exist or may hereafter be amended, shall
apply  to such users to the same extent as if such provisions
were included herein.
(Source: P.A. 85-1135.)

    (35 ILCS 110/15) (from Ch. 120, par. 439.45)
    Sec. 15.  When the amount due is under $300,  any  person
subject  to the provisions hereof who fails to file a return,
or who violates any other provision of Section 9  or  Section
10 hereof, or who fails to keep books and records as required
herein,  or  who  files  a fraudulent return, or who wilfully
violates any Rule or Regulation of  the  Department  for  the
administration  and  enforcement of the provisions hereof, or
any officer or agent of a corporation, or manager, member, or
agent of a limited  liability  company,  subject  hereto  who
signs a fraudulent return filed on behalf of such corporation
or  limited  liability  company,  or  any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act, or any person who  violates  any
of  the  provisions  of  Sections  3  and  5  hereof,  or any
purchaser who obtains a registration number or resale  number
from   the   Department  through  misrepresentation,  or  who
represents to a seller that such purchaser has a registration
number or a resale number from the Department when  he  knows
that  he  does  not,  or  who uses his registration number or
resale number to make a seller  believe  that  he  is  buying
tangible  personal property for resale when such purchaser in
fact knows that this is not the case, is guilty of a Class  4
felony.
    Any  person  who  violates  any  provision  of  Section 6
hereof, or who engages in the business  of  making  sales  of
service  after his Certificate of Registration under this Act
has been revoked in accordance with Section 12 of  this  Act,
is  guilty  of  a Class 4 felony. Each day any such person is
engaged in business in violation of Section 6, or  after  his
Certificate  of Registration under this Act has been revoked,
constitutes a separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under  this  Act  from  a
taxpayer for the purpose of acting as the taxpayer's agent to
make  the  payment  to the Department, but who fails to remit
such payment to the Department when due is guilty of a  Class
4  felony.  Any such person who purports to make such payment
by issuing or delivering a check or other order upon  a  real
or  fictitious  depository  for the payment of money, knowing
that it will not be paid by the depository, shall  be  guilty
of  a  deceptive practice in violation of Section 17-1 of the
Criminal Code of 1961, as amended.
    When the amount due is $300 or more, any  person  subject
to  the  provisions hereof who fails to file a return, or who
violates any other provision  of  Section  9  or  Section  10
hereof,  or  who  fails to keep books and records as required
herein or who files a fraudulent  return,  or  who  willfully
violates  any  rule  or  regulation of the Department for the
administration and enforcement of the provisions  hereof,  or
any officer or agent of a corporation, or manager, member, or
agent  of  a  limited  liability  company, subject hereto who
signs a fraudulent return filed on behalf of such corporation
or limited liability company,  or  any  accountant  or  other
agent who knowingly enters false information on the return of
any  taxpayer  under this Act, or any person who violates any
of the  provisions  of  Sections  3  and  5  hereof,  or  any
purchaser  who obtains a registration number or resale number
from  the  Department  through  misrepresentation,   or   who
represents to a seller that such purchaser has a registration
number  or  a resale number from the Department when he knows
that he does not, or who  uses  his  registration  number  or
resale  number  to  make  a  seller believe that he is buying
tangible personal property for resale when such purchaser  in
fact  knows that this is not the case, is guilty of a Class 3
felony.
    When the amount due is  $300  or  more,  any  person  who
accepts  money  that  is due to the Department under this Act
from a taxpayer for the purpose of acting as  the  taxpayer's
agent to make the payment to the Department, but who fails to
remit  such payment to the Department when due is guilty of a
Class 3 felony.  Any such person who purports  to  make  such
payment  by issuing or delivering a check or other order upon
a real or fictitious depository for  the  payment  of  money,
knowing  that it will not be paid by the depository, shall be
guilty of a deceptive practice  in violation of Section  17-1
of the Criminal Code of 1961, as amended.
    Any  serviceman  who  collects  or  attempts  to  collect
Service  Use Tax measured by receipts or selling prices which
such serviceman knows are not subject to Service Use Tax,  or
any  serviceman  who  knowingly  over-collects or attempts to
over-collect Service  Use  Tax  in  a  transaction  which  is
subject  to  the  tax  that  is imposed by this Act, shall be
guilty of a Class 4 felony for each offense.  This  paragraph
does  not  apply  to an amount collected by the serviceman as
Service Use Tax on  receipts  or  selling  prices  which  are
subject  to  tax under this Act as long as such collection is
made  in  compliance  with  the   tax   collection   brackets
prescribed by the Department in its Rules and Regulations.
    Any  taxpayer  or agent of a taxpayer who with the intent
to defraud purports to make a payment due to  the  Department
by  issuing  or delivering a check or other order upon a real
or fictitious depository for the payment  of  money,  knowing
that  it  will not be paid by the depository, shall be guilty
of a deceptive practice in violation of Section 17-1  of  the
Criminal Code of 1961, as amended.
    A  prosecution  for  any Act in violation of this Section
may be commenced at any time within 3 years of the commission
of that Act.
    This Section  does  not  apply  if  the  violation  in  a
particular  case also constitutes a criminal violation of the
Retailers' Occupation Tax Act, the Use Tax Act or the Service
Occupation Tax Act.
(Source: P.A. 90-655, eff. 7-30-98.)

    Section 125.  The Service Occupation Tax Act  is  amended
by  re-enacting  Sections  2, 3, 3-5, 3-10, 3-15, 3-20, 3-25,
3-30, 3-35, 3-40, 3-45, 3-50, 9, 13, and 15 as follows:

    (35 ILCS 115/2) (from Ch. 120, par. 439.102)
    Sec. 2. "Transfer" means any transfer  of  the  title  to
property  or  of the ownership of property whether or not the
transferor retains title  as  security  for  the  payment  of
amounts due him from the transferee.
    "Cost   Price"   means  the  consideration  paid  by  the
serviceman for a purchase valued in money,  whether  paid  in
money or otherwise, including cash, credits and services, and
shall  be  determined without any deduction on account of the
supplier's cost of the property sold or  on  account  of  any
other  expense  incurred  by  the supplier. When a serviceman
contracts out part or all of the  services  required  in  his
sale  of service, it shall be presumed that the cost price to
the serviceman of the property transferred to him by  his  or
her  subcontractor  is  equal  to  50% of the subcontractor's
charges to the serviceman in the  absence  of  proof  of  the
consideration  paid  by the subcontractor for the purchase of
such property.
    "Department" means the Department of Revenue.
    "Person" means any natural individual, firm, partnership,
association, joint stock company, joint  venture,  public  or
private  corporation,  limited  liability  company,  and  any
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
    "Sale of Service" means any transaction except:
    (a)  A  retail sale of tangible personal property taxable
under the Retailers' Occupation Tax Act or under the Use  Tax
Act.
    (b)  A sale of tangible personal property for the purpose
of   resale  made  in  compliance  with  Section  2c  of  the
Retailers' Occupation Tax Act.
    (c)  Except as hereinafter provided, a sale  or  transfer
of tangible personal property as an incident to the rendering
of  service  for or by any governmental body or for or by any
corporation, society, association, foundation or  institution
organized  and operated exclusively for charitable, religious
or educational purposes or  any  not-for-profit  corporation,
society, association, foundation, institution or organization
which  has  no compensated officers or employees and which is
organized  and  operated  primarily  for  the  recreation  of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this  paragraph  only  if
the  limited  liability  company  is  organized  and operated
exclusively for educational purposes.
    (d)  A sale or transfer of tangible personal property  as
an  incident  to  the  rendering  of  service  for interstate
carriers  for  hire  for  use  as  rolling  stock  moving  in
interstate commerce or lessors under leases of  one  year  or
longer,  executed  or  in  effect at the time of purchase, to
interstate carriers for hire for use as rolling stock  moving
in   interstate   commerce,   and  equipment  operated  by  a
telecommunications provider, licensed as a common carrier  by
the  Federal  Communications Commission, which is permanently
installed in or affixed  to  aircraft  moving  in  interstate
commerce.
    (d-1)  A  sale  or transfer of tangible personal property
as an incident  to  the  rendering  of  service  for  owners,
lessors  or  shippers  of tangible personal property which is
utilized by interstate carriers for hire for use  as  rolling
stock  moving  in interstate commerce, and equipment operated
by  a  telecommunications  provider,  licensed  as  a  common
carrier by the Federal Communications  Commission,  which  is
permanently  installed  in  or  affixed to aircraft moving in
interstate commerce.
    (d-2)  The repairing, reconditioning or remodeling, for a
common carrier by rail, of tangible personal  property  which
belongs  to  such  carrier  for  hire,  and  as to which such
carrier receives the physical  possession  of  the  repaired,
reconditioned or remodeled item of tangible personal property
in  Illinois,  and  which  such carrier transports, or shares
with another common carrier in  the  transportation  of  such
property,  out  of  Illinois  on  a  standard uniform bill of
lading showing the  person  who  repaired,  reconditioned  or
remodeled  the  property  as the shipper or consignor of such
property to a destination outside Illinois, for  use  outside
Illinois.
    (d-3)  A  sale  or transfer of tangible personal property
which is produced by the seller thereof on special  order  in
such  a  way  as  to have made the applicable tax the Service
Occupation Tax or  the  Service  Use  Tax,  rather  than  the
Retailers'  Occupation  Tax or the Use Tax, for an interstate
carrier by rail which receives  the  physical  possession  of
such   property   in  Illinois,  and  which  transports  such
property, or  shares  with  another  common  carrier  in  the
transportation  of  such  property,  out  of  Illinois  on  a
standard  uniform  bill  of  lading showing the seller of the
property as the shipper or consignor of such  property  to  a
destination outside Illinois, for use outside Illinois.
    (d-4)  Until  January  1,  1997,  a sale, by a registered
serviceman paying tax under this Act to  the  Department,  of
special  order  printed  materials delivered outside Illinois
and which are not returned to this State, if delivery is made
by the seller or agent of the seller, including an agent  who
causes  the  product  to  be  delivered outside Illinois by a
common carrier or the U.S. postal service.
    (e)  A sale or transfer of machinery and  equipment  used
primarily  in the process of the manufacturing or assembling,
either in an existing, an expanded  or  a  new  manufacturing
facility,  of  tangible  personal  property  for wholesale or
retail sale or lease, whether such  sale  or  lease  is  made
directly by the manufacturer or by some other person, whether
the   materials   used  in  the  process  are  owned  by  the
manufacturer or some other person, or whether  such  sale  or
lease  is  made  apart from or as an incident to the seller's
engaging in a service occupation and the applicable tax is  a
Service  Occupation  Tax  or  Service  Use  Tax,  rather than
Retailers' Occupation Tax or Use Tax.
    (f)  The sale or transfer of distillation  machinery  and
equipment,  sold  as a unit or kit and assembled or installed
by the retailer, which machinery and equipment  is  certified
by  the  user  to  be  used  only for the production of ethyl
alcohol that will be used for consumption as motor fuel or as
a component of motor fuel for the personal use of  such  user
and not subject to sale or resale.
    (g)  At the election of any serviceman not required to be
otherwise  registered  as  a retailer under Section 2a of the
Retailers' Occupation Tax Act,  made  for  each  fiscal  year
sales  of service in which the aggregate annual cost price of
tangible personal property transferred as an incident to  the
sales  of  service  is  less  than  35%  (75%  in the case of
servicemen  transferring  prescription  drugs  or  servicemen
engaged in graphic arts production) of the  aggregate  annual
total  gross receipts from all sales of service. The purchase
of such tangible personal property by the serviceman shall be
subject to tax under the Retailers' Occupation  Tax  Act  and
the  Use  Tax  Act.  However, if a primary serviceman who has
made the election described in  this  paragraph  subcontracts
service  work to a secondary serviceman who has also made the
election described in this paragraph, the primary  serviceman
does   not  incur  a  Use  Tax  liability  if  the  secondary
serviceman (i) has paid or will pay Use Tax  on  his  or  her
cost  price  of any tangible personal property transferred to
the primary  serviceman  and  (ii)  certifies  that  fact  in
writing to the primary serviceman.
    Tangible  personal  property  transferred incident to the
completion of a maintenance agreement is exempt from the  tax
imposed pursuant to this Act.
    Exemption  (e) also includes machinery and equipment used
in the general maintenance or repair of such exempt machinery
and equipment or for in-house manufacture of exempt machinery
and equipment. For the purposes of  exemption  (e),  each  of
these   terms   shall   have  the  following  meanings:   (1)
"manufacturing process" shall  mean  the  production  of  any
article  of  tangible personal property, whether such article
is a finished product or an article for use in the process of
manufacturing or assembling a different article  of  tangible
personal   property,   by  procedures  commonly  regarded  as
manufacturing, processing,  fabricating,  or  refining  which
changes  some  existing material or materials into a material
with a different  form,  use  or  name.   In  relation  to  a
recognized  integrated  business  composed  of  a  series  of
operations  which  collectively  constitute manufacturing, or
individually   constitute   manufacturing   operations,   the
manufacturing process shall be deemed to  commence  with  the
first  operation  or  stage  of production in the series, and
shall not be deemed to end until the completion of the  final
product  in  the last operation or stage of production in the
series;  and  further  for   purposes   of   exemption   (e),
photoprocessing  is  deemed  to be a manufacturing process of
tangible personal property for wholesale or retail sale;  (2)
"assembling process" shall mean the production of any article
of  tangible  personal  property,  whether  such article is a
finished product or an article for  use  in  the  process  of
manufacturing  or  assembling a different article of tangible
personal property, by the combination of  existing  materials
in  a manner commonly regarded as assembling which results in
a material of a different form, use or name; (3)  "machinery"
shall  mean  major mechanical machines or major components of
such machines contributing to a manufacturing  or  assembling
process;  and  (4)  "equipment" shall include any independent
device or tool separate from any machinery but  essential  to
an  integrated  manufacturing  or assembly process; including
computers used primarily in operating  exempt  machinery  and
equipment  in  a  computer assisted design, computer assisted
manufacturing (CAD/CAM) system; or any  subunit  or  assembly
comprising a component of any machinery or auxiliary, adjunct
or  attachment parts of machinery, such as tools, dies, jigs,
fixtures, patterns and molds;  or  any  parts  which  require
periodic  replacement  in the course of normal operation; but
shall not include hand tools. The purchaser of such machinery
and equipment who has an active  resale  registration  number
shall  furnish  such  number  to  the  seller  at the time of
purchase. The purchaser of such machinery and  equipment  and
tools  without  an  active  resale  registration number shall
furnish to the seller a certificate  of  exemption  for  each
transaction stating facts establishing the exemption for that
transaction,  which  certificate  shall  be  available to the
Department for inspection or audit.
    The rolling stock exemption applies to rolling stock used
by an interstate carrier for hire, even just  between  points
in  Illinois,  if  such  rolling  stock transports, for hire,
persons whose journeys or property whose shipments  originate
or terminate outside Illinois.
    Any  informal  rulings, opinions or letters issued by the
Department in response to  an  inquiry  or  request  for  any
opinion   from   any   person   regarding  the  coverage  and
applicability of exemption (e) to specific devices  shall  be
published,  maintained as a public record, and made available
for public inspection and copying.  If the  informal  ruling,
opinion   or   letter   contains   trade   secrets  or  other
confidential information, where possible the Department shall
delete such information prior to publication.  Whenever  such
informal  rulings, opinions, or letters contain any policy of
general applicability, the  Department  shall  formulate  and
adopt such policy as a rule in accordance with the provisions
of the Illinois Administrative Procedure Act.
    On  and  after July 1, 1987, no entity otherwise eligible
under exemption (c) of  this  Section  shall  make  tax  free
purchases  unless  it  has an active exemption identification
number issued by the Department.
    "Serviceman" means any  person  who  is  engaged  in  the
occupation of making sales of service.
    "Sale at Retail" means "sale at retail" as defined in the
Retailers' Occupation Tax Act.
    "Supplier"  means  any person who makes sales of tangible
personal property to servicemen for the purpose of resale  as
an incident to a sale of service.
(Source: P.A.  88-480;  88-505;  88-526; 88-547; 88-670, eff.
12-2-94; 89-675, eff. 8-14-96.)

    (35 ILCS 115/3) (from Ch. 120, par. 439.103)
    Sec. 3.  Tax imposed.  A tax is imposed upon all  persons
engaged in the business of making sales of service ( referred
to   as  "servicemen")  on  all  tangible  personal  property
transferred as an incident of a sale  of  service,  including
computer  software, and including photographs, negatives, and
positives that are the product of  photoprocessing,  but  not
including  products  of  photoprocessing  produced for use in
motion pictures for public commercial exhibition.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
    Sec.  3-5.   Exemptions.  The following tangible personal
property is exempt from the tax imposed by this Act:
    (1)  Personal property sold by  a  corporation,  society,
association,  foundation, institution, or organization, other
than a limited  liability  company,  that  is  organized  and
operated  as  a  not-for-profit  service  enterprise  for the
benefit of persons 65 years of age or older if  the  personal
property  was not purchased by the enterprise for the purpose
of resale by the enterprise.
    (2)  Personal  property  purchased  by  a  not-for-profit
Illinois county  fair  association  for  use  in  conducting,
operating, or promoting the county fair.
    (3)  Personal  property  purchased  by any not-for-profit
music or dramatic  arts  organization  that  establishes,  by
proof  required  by  the  Department  by  rule,  that  it has
received  an  exemption   under  Section  501(c)(3)  of   the
Internal  Revenue Code and that is organized and operated for
the presentation of live public performances  of  musical  or
theatrical works on a regular basis.
    (4)  Legal  tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (5)  Graphic  arts  machinery  and  equipment,  including
repair  and  replacement  parts,  both  new  and  used,   and
including that manufactured on special order or purchased for
lease,  certified  by  the purchaser to be used primarily for
graphic arts production.
    (6)  Personal  property  sold  by   a   teacher-sponsored
student   organization   affiliated  with  an  elementary  or
secondary school located in Illinois.
    (7)  Farm machinery and equipment,  both  new  and  used,
including  that  manufactured  on special order, certified by
the purchaser to be used primarily for production agriculture
or  State  or  federal   agricultural   programs,   including
individual replacement parts for the machinery and equipment,
including  machinery  and  equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm  machinery  and  agricultural
chemical  and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois  Vehicle
Code,  but  excluding  other  motor  vehicles  required to be
registered under the  Illinois  Vehicle  Code.  Horticultural
polyhouses  or  hoop houses used for propagating, growing, or
overwintering plants shall be considered farm  machinery  and
equipment  under  this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately  from
a  motor  vehicle  required  to  be  licensed  and units sold
mounted on a motor vehicle required to  be  licensed  if  the
selling price of the tender is separately stated.
    Farm  machinery  and  equipment  shall  include precision
farming equipment  that  is  installed  or  purchased  to  be
installed  on farm machinery and equipment including, but not
limited  to,  tractors,   harvesters,   sprayers,   planters,
seeders,  or spreaders. Precision farming equipment includes,
but is not  limited  to,  soil  testing  sensors,  computers,
monitors,  software,  global positioning and mapping systems,
and other such equipment.
    Farm machinery and  equipment  also  includes  computers,
sensors,  software,  and  related equipment used primarily in
the computer-assisted  operation  of  production  agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited  to,  the  collection, monitoring, and correlation of
animal and crop data for the purpose  of  formulating  animal
diets  and  agricultural  chemicals.  This item (7) is exempt
from the provisions of Section 3-75.
    (8)  Fuel and petroleum products sold to or  used  by  an
air  common  carrier, certified by the carrier to be used for
consumption, shipment, or  storage  in  the  conduct  of  its
business  as an air common carrier, for a flight destined for
or returning from a location or locations outside the  United
States  without  regard  to  previous  or subsequent domestic
stopovers.
    (9)  Proceeds of  mandatory  service  charges  separately
stated  on  customers' bills for the purchase and consumption
of food and beverages, to the extent that the proceeds of the
service charge are in fact  turned  over  as  tips  or  as  a
substitute for tips to the employees who participate directly
in  preparing,  serving,  hosting  or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10)  Oil field  exploration,  drilling,  and  production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
goods, including casing and drill strings,  (iii)  pumps  and
pump-jack  units,  (iv) storage tanks and flow lines, (v) any
individual  replacement  part  for  oil  field   exploration,
drilling,  and  production  equipment, and (vi) machinery and
equipment purchased for lease; but excluding  motor  vehicles
required to be registered under the Illinois Vehicle Code.
    (11)  Photoprocessing  machinery and equipment, including
repair and replacement parts, both new  and  used,  including
that   manufactured   on  special  order,  certified  by  the
purchaser to  be  used  primarily  for  photoprocessing,  and
including  photoprocessing  machinery and equipment purchased
for lease.
    (12)  Coal  exploration,  mining,   offhighway   hauling,
processing, maintenance, and reclamation equipment, including
replacement  parts  and  equipment,  and  including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
    (13)  Food for human consumption that is to  be  consumed
off  the  premises  where  it  is  sold (other than alcoholic
beverages, soft drinks and food that has  been  prepared  for
immediate  consumption) and prescription and non-prescription
medicines, drugs,  medical  appliances,  and  insulin,  urine
testing  materials,  syringes, and needles used by diabetics,
for human use, when purchased for use by a  person  receiving
medical assistance under Article 5 of the Illinois Public Aid
Code  who  resides  in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
    (14)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (15)  Horses, or interests in horses, registered with and
meeting the requirements of any of  the  Arabian  Horse  Club
Registry  of  America, Appaloosa Horse Club, American Quarter
Horse Association, United  States  Trotting  Association,  or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (16)  Computers and communications equipment utilized for
any  hospital  purpose  and  equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a  lessor
who leases the equipment, under a lease of one year or longer
executed  or  in  effect  at  the  time of the purchase, to a
hospital  that  has  been  issued  an  active  tax  exemption
identification number by the Department under Section  1g  of
the Retailers' Occupation Tax Act.
    (17)  Personal  property  sold to a lessor who leases the
property, under a lease of one year or longer executed or  in
effect  at  the  time of the purchase, to a governmental body
that has been issued an active tax  exemption  identification
number  by  the Department under Section 1g of the Retailers'
Occupation Tax Act.
    (18)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that  is  donated
for  disaster  relief  to  be  used  in  a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State  to
a   corporation,   society,   association,   foundation,   or
institution  that  has  been  issued  a  sales  tax exemption
identification number by the Department that assists  victims
of the disaster who reside within the declared disaster area.
    (19)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is used in
the performance of  infrastructure  repairs  in  this  State,
including  but  not  limited  to municipal roads and streets,
access roads, bridges,  sidewalks,  waste  disposal  systems,
water  and  sewer  line  extensions,  water  distribution and
purification facilities, storm water drainage  and  retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located  in  the declared disaster area within 6 months after
the disaster.
(Source: P.A.  89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;
89-349, eff. 8-17-95;  89-495,  eff.  6-24-96;  89-496,  eff.
6-25-96;  89-626,  eff.  8-9-96;  90-14, eff. 7-1-97; 90-552,
eff. 12-12-97; 90-605, eff. 6-30-98.)
    (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
    Sec. 3-10. Rate of tax.   Unless  otherwise  provided  in
this  Section,  the tax imposed by this Act is at the rate of
6.25% of the "selling price", as defined in Section 2 of  the
Service  Use Tax Act, of the tangible personal property.  For
the purpose of computing this tax,  in  no  event  shall  the
"selling price" be less than the cost price to the serviceman
of  the  tangible personal property transferred.  The selling
price of each item of tangible personal property  transferred
as  an  incident  of  a  sale  of  service  may be shown as a
distinct and separate item on the serviceman's billing to the
service customer. If the selling price is not so  shown,  the
selling  price of the tangible personal property is deemed to
be 50% of the serviceman's  entire  billing  to  the  service
customer.   When,  however, a serviceman contracts to design,
develop, and produce special order  machinery  or  equipment,
the   tax   imposed  by  this  Act  shall  be  based  on  the
serviceman's cost price of  the  tangible  personal  property
transferred incident to the completion of the contract.
    With  respect  to gasohol, as defined in the Use Tax Act,
the tax imposed by this Act shall apply to 70%  of  the  cost
price  of  property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
and to 100% of the cost price thereafter.
    At the election of any  registered  serviceman  made  for
each  fiscal  year,  sales  of service in which the aggregate
annual cost price of tangible personal  property  transferred
as  an  incident to the sales of service is less than 35%, or
75% in the case of servicemen transferring prescription drugs
or servicemen engaged in  graphic  arts  production,  of  the
aggregate  annual  total  gross  receipts  from  all sales of
service, the tax imposed by this Act shall be  based  on  the
serviceman's  cost  price  of  the tangible personal property
transferred incident to the sale of those services.
    The tax shall be imposed  at  the  rate  of  1%  on  food
prepared  for  immediate consumption and transferred incident
to a sale of service subject  to  this  Act  or  the  Service
Occupation  Tax  Act by an entity licensed under the Hospital
Licensing Act or the Nursing Home Care Act.   The  tax  shall
also  be  imposed  at  the  rate  of  1%  on  food  for human
consumption that is to be consumed off the premises where  it
is  sold  (other  than  alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption and  is
not  otherwise  included  in this paragraph) and prescription
and nonprescription  medicines,  drugs,  medical  appliances,
modifications to a motor vehicle for the purpose of rendering
it  usable  by  a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use.  For the  purposes  of  this  Section,  the  term  "soft
drinks"   means   any   complete,   finished,   ready-to-use,
non-alcoholic drink, whether carbonated or not, including but
not  limited  to  soda  water,  cola,  fruit juice, vegetable
juice, carbonated water, and all other preparations  commonly
known as soft drinks of whatever kind or description that are
contained  in any closed or sealed can, carton, or container,
regardless of size.  "Soft drinks" does not  include  coffee,
tea,  non-carbonated  water,  infant  formula,  milk  or milk
products as defined in the Grade A Pasteurized Milk and  Milk
Products  Act, or drinks containing 50% or more natural fruit
or vegetable juice.
    Notwithstanding any other provisions of this  Act,  "food
for human consumption that is to be consumed off the premises
where  it  is  sold" includes all food sold through a vending
machine, except  soft  drinks  and  food  products  that  are
dispensed  hot  from  a  vending  machine,  regardless of the
location of the vending machine.
(Source: P.A. 89-359,  eff.  8-17-95;  89-420,  eff.  6-1-96;
89-463,  eff.  5-31-96;  89-626,  eff.  8-9-96;  90-605, eff.
6-30-98; 90-606, eff. 6-30-98.)

    (35 ILCS 115/3-15) (from Ch. 120, par. 439.103-15)
    Sec. 3-15.  Photoprocessing.  For  purposes  of  the  tax
imposed on photographs, negatives, and positives by this Act,
"photoprocessing" includes, but is not limited to, developing
films,  positives,  and  negatives,  and  transparencies, and
tinting,   coloring,   making,    and    enlarging    prints.
Photoprocessing    does   not   include   color   separation,
typesetting, and platemaking by  photographic  means  in  the
graphic  arts  industry  and  does not include any procedure,
process, or activity  connected  with  the  creation  of  the
images  on  the  film from which the negatives, positives, or
photographs   are   derived.    The   charge   for   in-house
photoprocessing may not be  less  than  the  photoprocessor's
cost  price  of materials.  In transactions in which products
of  photoprocessing  are  sold  in  conjunction  with   other
services,  if  a  charge for the photoprocessing component is
not separately stated, tax is imposed on 50%  of  the  entire
selling  price  unless  the  sale  is  made by a professional
photographer, in which case tax is  imposed  on  10%  of  the
entire selling price.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-20) (from Ch. 120, par. 439.103-20)
    Sec. 3-20.   Bullion.   For  purposes  of  the  exemption
pertaining  to  bullion,  "bullion"  means  gold,  silver, or
platinum in a bulk state with a purity of not less  than  980
parts per 1,000.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-25) (from Ch. 120, par. 439.103-25)
    Sec. 3-25.  Computer software.  For the purposes of  this
Act,  "computer software" means a set of statements, data, or
instructions to be used directly or indirectly in a  computer
in order to bring about a certain result in any form in which
those  statements,  data,  or  instructions  may be embodied,
transmitted, or fixed, by any method now known  or  hereafter
developed,  regardless  of  whether  the statements, data, or
instructions  are  capable   of   being   perceived   by   or
communicated  to  humans,  and  includes prewritten or canned
software that is held for repeated sale  or  lease,  and  all
associated  documentation  and  materials,  if  any,  whether
contained  on  magnetic tapes, discs, cards, or other devices
or media, but does not include software that  is  adapted  to
specific   individualized   requirements   of   a  purchaser,
custom-made and modified software designed for  a  particular
or  limited  use  by a purchaser, or software used to operate
exempt  machinery  and  equipment  used  in  the  process  of
manufacturing or assembling tangible  personal  property  for
wholesale or retail sale or lease.
    For  the purposes of this Act, computer software shall be
considered to be tangible personal property.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-30) (from Ch. 120, par. 439.103-30)
    Sec. 3-30.  Graphic arts production. For purposes of this
Act,  "graphic arts production" means printing by one or more
of the common processes or graphic arts  production  services
as those processes and services are defined in Major Group 27
of the U.S. Standard Industrial Classification Manual.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-35) (from Ch. 120, par. 439.103-35)
    Sec. 3-35.  Production agriculture.  For purposes of this
Act, "production agriculture" means the  raising  of  or  the
propagation   of   livestock;   crops   for  sale  for  human
consumption; crops for livestock consumption; and  production
seed  stock  grown for the propagation of feed grains and the
husbandry of animals or for the purpose of providing  a  food
product,  including  the  husbandry  of blood stock as a main
source of providing a food product. "Production  agriculture"
also   means  animal  husbandry,  floriculture,  aquaculture,
horticulture, and viticulture.
(Source: P.A. 89-220, eff. 1-1-96.)

    (35 ILCS 115/3-40) (from Ch. 120, par. 439.103-40)
    Sec. 3-40.  Collection.  The  tax  imposed  by  this  Act
shall   be   paid   to   the  Department  by  any  serviceman
transferring tangible personal property as an incident  to  a
sale  of  service taxable under this Act. If a serviceman has
paid Service Occupation Tax to his or her supplier based upon
the cost price of tangible personal property  before  January
1,  1990,  or  in  error  on  or  after  January 1, 1990, the
serviceman,  without  filing  any  formal  claims  with   the
Department,  shall  be  allowed to take credit against his or
her Service Occupation Tax liability based upon  the  selling
price of that property transferred in the course of providing
service to the extent of the amount of the tax so paid.
    If any serviceman collects an amount (however designated)
that   purports  to  reimburse  the  serviceman  for  Service
Occupation Tax liability  measured  by  receipts  or  selling
prices  that are not subject to Service Occupation Tax, or if
any serviceman, in collecting an amount (however  designated)
that   purports  to  reimburse  the  serviceman  for  Service
Occupation Tax liability  measured  by  receipts  or  selling
prices  that are subject to tax under this Act, collects more
from the purchaser than the serviceman's  Service  Occupation
Tax  liability in the transaction, the purchaser shall have a
legal right to  claim  a  refund  of  that  amount  from  the
serviceman.  If,  however, that amount is not refunded to the
purchaser by a serviceman for any  reason,  the  supplier  or
serviceman  is  liable  to pay that amount to the Department.
This paragraph does not apply to an amount collected  by  the
supplier   as  Service  Occupation  Tax,  nor  to  an  amount
collected  by  the  serviceman  as  reimbursement   for   the
serviceman's  Service Occupation Tax liability on receipts or
cost prices that are subject to tax under this Act,  as  long
as  the  collection  is  made  in  compliance  with  the  tax
collection brackets prescribed by the Department in its rules
and regulations.
(Source:  P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-45) (from Ch. 120, par. 439.103-45)
    Sec. 3-45.  Interstate commerce  exemption.   No  tax  is
imposed  under  this  Act upon the privilege of engaging in a
business  in  interstate  commerce  or  otherwise  when   the
business  may not, under the Constitution and statutes of the
United States, be made the subject of taxation by this State.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 115/3-50) (from Ch. 120, par. 439.103-50)
    Sec.   3-50.    Liability   because  of  amendatory  Act.
Revisions in Section 3  (now  Sections  3  through  3-50)  by
Public  Act  85-1135  do  not affect tax liability that arose
before January 1, 1990.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905;  86-928;
86-1028; 86-1475.)

    (35 ILCS 115/9) (from Ch. 120, par. 439.109)
    Sec.  9.   Each  serviceman  required  or  authorized  to
collect  the  tax  herein imposed shall pay to the Department
the amount of such tax at the time when  he  is  required  to
file  his  return  for  the  period during which such tax was
collectible, less a discount of  2.1%  prior  to  January  1,
1990,  and  1.75%  on  and  after  January 1, 1990, or $5 per
calendar year, whichever is  greater,  which  is  allowed  to
reimburse  the serviceman for expenses incurred in collecting
the tax,  keeping  records,  preparing  and  filing  returns,
remitting  the  tax  and  supplying data to the Department on
request.
    Where such tangible personal property  is  sold  under  a
conditional  sales  contract, or under any other form of sale
wherein the payment of the principal sum, or a part  thereof,
is  extended  beyond  the  close  of the period for which the
return is filed, the serviceman, in collecting  the  tax  may
collect,  for each tax return period, only the tax applicable
to the part of the selling  price  actually  received  during
such tax return period.
    Except  as  provided  hereinafter  in this Section, on or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman shall file a return  for  the  preceding  calendar
month  in accordance with reasonable rules and regulations to
be promulgated by the Department of  Revenue.    Such  return
shall  be  filed  on  a form prescribed by the Department and
shall  contain  such  information  as  the   Department   may
reasonably require.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar  month,   including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    A serviceman may accept a Manufacturer's Purchase  Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if
the  purchaser  provides  the  appropriate  documentation  as
required  by  Section  3-70  of  the  Service Use Tax Act.  A
Manufacturer's Purchase Credit certification, accepted  by  a
serviceman as provided in Section 3-70 of the Service Use Tax
Act,  may  be  used  by  that  serviceman  to satisfy Service
Occupation  Tax  liability  in  the  amount  claimed  in  the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase.
    If the serviceman's average monthly tax liability to  the
Department does not exceed $200, the Department may authorize
his  returns  to be filed on a quarter annual basis, with the
return for January, February and March of a given year  being
due  by April 20 of such year; with the return for April, May
and June of a given year being due by July 20 of  such  year;
with  the  return  for  July, August and September of a given
year being due by October 20  of  such  year,  and  with  the
return  for  October,  November  and December of a given year
being due by January 20 of the following year.
    If the serviceman's average monthly tax liability to  the
Department  does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with  the  return
for  a  given  year  being due by January 20 of the following
year.
    Such quarter annual and annual returns, as  to  form  and
substance,  shall  be  subject  to  the  same requirements as
monthly returns.
    Notwithstanding  any  other   provision   in   this   Act
concerning  the  time  within which a serviceman may file his
return, in the case of any serviceman who ceases to engage in
a kind of business which makes  him  responsible  for  filing
returns  under  this  Act, such serviceman shall file a final
return under this Act with the Department  not  more  than  1
month after discontinuing such business.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.  The  term  "average
monthly  tax  liability"  means  the  sum  of  the taxpayer's
liabilities under this Act, and under  all  other  State  and
local  occupation  and  use  tax  laws  administered  by  the
Department,  for  the  immediately  preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Where a serviceman collects the tax with respect  to  the
selling  price  of  tangible personal property which he sells
and the purchaser thereafter returns such  tangible  personal
property and the serviceman refunds the selling price thereof
to  the  purchaser, such serviceman shall also refund, to the
purchaser, the tax so collected  from  the  purchaser.   When
filing his return for the period in which he refunds such tax
to the purchaser, the serviceman may deduct the amount of the
tax  so  refunded  by  him  to  the  purchaser from any other
Service  Occupation  Tax,   Service   Use   Tax,   Retailers'
Occupation  Tax  or  Use  Tax  which  such  serviceman may be
required to pay or remit to the Department, as shown by  such
return,  provided  that  the amount of the tax to be deducted
shall previously have been remitted to the Department by such
serviceman.  If the  serviceman  shall  not  previously  have
remitted  the  amount of such tax to the Department, he shall
be entitled to no deduction hereunder upon refunding such tax
to the purchaser.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable servicemen, who  are  required
to  file  returns  hereunder  and  also  under the Retailers'
Occupation Tax Act, the Use Tax Act or the  Service  Use  Tax
Act,  to  furnish  all the return information required by all
said Acts on the one form.
    Where  the  serviceman  has  more   than   one   business
registered  with  the Department under separate registrations
hereunder, such serviceman shall file  separate  returns  for
each registered business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local  Government  Tax  Fund  the  revenue
realized  for the preceding month from the 1% tax on sales of
food for human consumption which is to be  consumed  off  the
premises  where  it  is sold (other than alcoholic beverages,
soft drinks and food which has been  prepared  for  immediate
consumption)  and prescription and nonprescription medicines,
drugs,  medical  appliances  and   insulin,   urine   testing
materials, syringes and needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund  4%
of  the  revenue  realized  for  the preceding month from the
6.25% general rate.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into  the  Local  Government  Tax Fund 16% of the
revenue realized for  the  preceding  month  from  the  6.25%
general rate on transfers of tangible personal property.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section  9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section  9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of  2.2%
or  3.8%,  as  the  case  may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the  amount  transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  be less than the Annual Specified Amount
(as defined in Section 3 of  the  Retailers'  Occupation  Tax
Act),  an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys  received
by  the  Department  pursuant  to  the  Tax Acts; and further
provided, that if on the last business day of any  month  the
sum  of  (1) the Tax Act Amount required to be deposited into
the Build Illinois Account in the Build Illinois Fund  during
such  month  and (2) the amount transferred during such month
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall have been less  than  1/12  of  the  Annual
Specified  Amount, an amount equal to the difference shall be
immediately paid into the  Build  Illinois  Fund  from  other
moneys  received  by the Department pursuant to the Tax Acts;
and, further provided, that in no event  shall  the  payments
required  under  the  preceding  proviso  result in aggregate
payments into the Build Illinois Fund pursuant to this clause
(b) for any fiscal year in excess of the greater of  (i)  the
Tax  Act  Amount or (ii) the Annual Specified Amount for such
fiscal year; and, further provided, that the amounts  payable
into  the  Build Illinois Fund under this clause (b) shall be
payable only until such  time  as  the  aggregate  amount  on
deposit  under each trust indenture securing Bonds issued and
outstanding pursuant  to  the  Build  Illinois  Bond  Act  is
sufficient, taking into account any future investment income,
to  fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture  and
on  any  Bonds  expected to be issued thereafter and all fees
and costs payable with respect thereto, all as  certified  by
the  Director  of  the  Bureau of the Budget.  If on the last
business day of any month  in  which  Bonds  are  outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of  the  preceding  sentence.   The  moneys  received  by the
Department pursuant to this Act and required to be  deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
           2007 and                     106,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing  Act.   No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this  Act on photoprocessing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Remaining moneys received by the Department  pursuant  to
this  Act  shall be paid into the General Revenue Fund of the
State Treasury.
    The Department may, upon separate  written  notice  to  a
taxpayer,  require  the taxpayer to prepare and file with the
Department on a form prescribed by the Department within  not
less  than  60  days  after  receipt  of the notice an annual
information return for the tax year specified in the  notice.
Such   annual  return  to  the  Department  shall  include  a
statement of gross receipts as shown by the  taxpayer's  last
Federal  income  tax  return.   If  the total receipts of the
business as reported in the Federal income tax return do  not
agree  with  the gross receipts reported to the Department of
Revenue for the same period, the taxpayer shall attach to his
annual return a schedule showing a reconciliation  of  the  2
amounts  and  the reasons for the difference.  The taxpayer's
annual return to the Department shall also disclose the  cost
of goods sold by the taxpayer during the year covered by such
return,  opening  and  closing  inventories of such goods for
such year, cost of goods used from stock or taken from  stock
and  given  away  by  the taxpayer during such year, pay roll
information of the taxpayer's business during such  year  and
any  additional  reasonable  information which the Department
deems would be helpful in determining  the  accuracy  of  the
monthly,  quarterly  or annual returns filed by such taxpayer
as hereinbefore provided for in this Section.
    If the annual information return required by this Section
is not filed when and as  required,  the  taxpayer  shall  be
liable as follows:
         (i)  Until  January  1,  1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of  the  tax  due
    from such taxpayer under this Act during the period to be
    covered  by  the annual return for each month or fraction
    of a month until such return is filed  as  required,  the
    penalty  to  be assessed and collected in the same manner
    as any other penalty provided for in this Act.
         (ii)  On and after January  1,  1994,  the  taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking  manager  shall sign the annual return to certify the
accuracy of the information contained  therein.   Any  person
who  willfully  signs  the  annual return containing false or
inaccurate  information  shall  be  guilty  of  perjury   and
punished  accordingly.   The annual return form prescribed by
the Department  shall  include  a  warning  that  the  person
signing the return may be liable for perjury.
    The  foregoing  portion  of  this  Section concerning the
filing of an annual information return shall not apply  to  a
serviceman  who  is not required to file an income tax return
with the United States Government.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month;
except that this transfer shall not be made  for  the  months
February through June, 1992.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of  administration,  it  shall  be
permissible  for  manufacturers,  importers  and  wholesalers
whose  products  are sold by numerous servicemen in Illinois,
and who wish to do  so,  to  assume  the  responsibility  for
accounting  and  paying  to  the  Department all tax accruing
under this Act with respect to such sales, if the  servicemen
who  are  affected  do  not  make  written  objection  to the
Department to this arrangement.
(Source: P.A.  89-89,  eff.  6-30-95;  89-235,  eff.  8-4-95;
89-379,  eff.  1-1-96;  89-626,  eff.  8-9-96;  90-612,  eff.
7-8-98.)

    (35 ILCS 115/13) (from Ch. 120, par. 439.113)
    Sec. 13.   Any  person  (resident  or  non-resident)  who
incurs  tax  liability under this Act as a serviceman in this
State and  who  removes  from  this  State  or  conceals  his
whereabouts, shall be deemed thereby to appoint the Secretary
of  State of Illinois his agent for the service of process or
notice in any judicial  or  administrative  proceeding  under
this  Act.  Such  process  or  notice  shall be served by the
Department on the Secretary  of  State  by  leaving,  at  the
office  of the Secretary of State at least 15 days before the
return day of such process or notice, a  true  and  certified
copy thereof, and by sending to the taxpayer by registered or
certified  mail,  postage  prepaid, a like and true certified
copy, with an endorsement thereon of the  service  upon  said
Secretary  of  State,  addressed to such taxpayer at his last
known address.
    Service of process or notice in the manner  provided  for
in  this  Section,  under the circumstances specified in this
Section, shall be of the same force and validity as if served
upon the taxpayer personally within this State. Proof of such
service upon the taxpayer in this State through the Secretary
of State as his agent  and  by  mailing  to  the  last  known
address  of  the  taxpayer  may  be  made in such judicial or
administrative proceeding by the affidavit of the Director of
Revenue, or by his duly authorized  representative  who  made
such  service,  with a copy of the process or notice that was
so served attached to such affidavit.
(Source: P.A. 85-1135.)

    (35 ILCS 115/15) (from Ch. 120, par. 439.115)
    Sec. 15.  When the amount due is under $300,  any  person
subject  to the provisions hereof who fails to file a return,
or who violates any other provision of Section 9  or  Section
10 hereof, or who fails to keep books and records as required
herein,  or  who  files  a fraudulent return, or who wilfully
violates any Rule or Regulation of  the  Department  for  the
administration  and  enforcement of the provisions hereof, or
any officer or agent of a corporation, or manager, member, or
agent of a limited  liability  company,  subject  hereto  who
signs a fraudulent return filed on behalf of such corporation
or  limited  liability  company,  or  any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act, or any person who  violates  any
of  the  provisions  of  Sections  3,  5  or 7 hereof, or any
purchaser who obtains a registration number or resale  number
from   the   Department  through  misrepresentation,  or  who
represents to a seller that such purchaser has a registration
number or a resale number from the Department when  he  knows
that  he  does  not,  or  who uses his registration number or
resale number to make a seller  believe  that  he  is  buying
tangible  personal property for resale when such purchaser in
fact knows that this is not the case, is guilty of a Class  4
felony.
    Any  person  who  violates  any  provision  of  Section 6
hereof, or who engages in the business  of  making  sales  of
service  after his Certificate of Registration under this Act
has been revoked in accordance with Section 12 of  this  Act,
is  guilty  of  a Class 4 felony. Each day any such person is
engaged in business in violation of Section 6, or  after  his
Certificate  of Registration under this Act has been revoked,
constitutes a separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under  this  Act  from  a
taxpayer for the purpose of acting as the taxpayer's agent to
make  the  payment  to the Department, but who fails to remit
such payment to the Department when due is guilty of a  Class
4  felony.  Any such person who purports to make such payment
by issuing or delivering a check or other order upon  a  real
or  fictitious  depository  for the payment of money, knowing
that it will not be paid by the depository, shall  be  guilty
of  a  deceptive practice in violation of Section 17-1 of the
Criminal Code of 1961, as amended.
    When the amount due is $300 or more, any  person  subject
to  the  provisions hereof who fails to file a return, or who
violates any other provision  of  Section  9  or  Section  10
hereof,  or  who  fails to keep books and records as required
herein, or who files a fraudulent  return,  or  who  wilfully
violates  any  rule  or  regulation of the Department for the
administration and enforcement of the provisions  hereof,  or
any officer or agent of a corporation, or manager, member, or
agent  of  a  limited  liability  company, subject hereto who
signs a fraudulent return filed on behalf of such corporation
or limited liability company,  or  any  accountant  or  other
agent who knowingly enters false information on the return of
any  taxpayer  under this Act, or any person who violates any
of the provisions of Sections  3,  5  or  7  hereof,  or  any
purchaser  who obtains a registration number or resale number
from  the  Department  through  misrepresentation,   or   who
represents to a seller that such purchaser has a registration
number  or  a resale number from the Department when he knows
that he does not, or who  uses  his  registration  number  or
resale  number  to  make  a  seller believe that he is buying
tangible personal property for resale when such purchaser  in
fact  knows that this is not the case, is guilty of a Class 3
felony.
    When the amount due is  $300  or  more,  any  person  who
accepts  money  that  is due to the Department under this Act
from a taxpayer for the purpose of acting as  the  taxpayer's
agent  to make the payment to the Department but who fails to
remit such payment to the Department when due is guilty of  a
Class  3  felony.   Any such person who purports to make such
payment by issuing or delivering a check or other order  upon
a  real  or  fictitious  depository for the payment of money,
knowing that it will not be paid by the depository  shall  be
guilty  of  a deceptive practice in violation of Section 17-1
of the Criminal Code of 1961, as amended.
    Any  serviceman  who  collects  or  attempts  to  collect
Service Occupation  Tax,  measured  by  receipts  which  such
serviceman  knows  are not subject to Service Occupation Tax,
or any serviceman who collects  or  attempts  to  collect  an
amount  (however designated) which purports to reimburse such
serviceman for Service Occupation Tax liability  measured  by
receipts  or  selling  prices which such serviceman knows are
not subject to Service Occupation Tax, or any serviceman  who
knowingly  over-collects  or attempts to over-collect Service
Occupation Tax or an amount purporting  to  be  reimbursement
for  Service  Occupation Tax liability in a transaction which
is subject to the tax that is imposed by this Act,  shall  be
guilty  of  a  Class  4  felony  for  each such offense. This
paragraph does not  apply  to  an  amount  collected  by  the
serviceman  as  reimbursement  for  the  serviceman's Service
Occupation Tax liability on receipts or selling prices  which
are subject to tax under this Act, as long as such collection
is  made  in  compliance  with  the  tax  collection brackets
prescribed by the Department in its Rules and Regulations.
    A prosecution for any act in violation  of  this  Section
may be commenced at any time within 3 years of the commission
of that act.
    This  Section  does  not  apply  if  the  violation  in a
particular case also constitutes a criminal violation of  the
Retailers' Occupation Tax Act or the Use Tax Act.
(Source: P.A. 88-480.)

    (35 ILCS 115/439.110 rep.)
    (35 ILCS 115/439.114 rep.)
    Section   130.  Sections   10  and  14  of  the  "Service
Occupation Tax Act", approved July 10, 1961, as amended,  are
re-repealed.

    Section  135.   The  Retailers'  Occupation  Tax  Act  is
amended  by  re-enacting  Sections  2, 2-5, 2-10, 2-15, 2-20,
2-25, 2-30, 2-35, 2-40, 2-45, 2-50, 2-55, 2-60, 2-65, 3,  and
5k as follows:

    (35 ILCS 120/2) (from Ch. 120, par. 441)
    Sec.  2.   Tax  imposed.  A  tax  is imposed upon persons
engaged  in  the  business  of  selling  at  retail  tangible
personal property, including computer software, and including
photographs, negatives, and positives that are the product of
photoprocessing,    but    not    including    products    of
photoprocessing produced  for  use  in  motion  pictures  for
public commercial exhibition.
(Source:  P.A. 86-44; 86-244; 86-252; 86-444; 86-820; 86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
    Sec. 2-5.  Exemptions.  Gross receipts from proceeds from
the sale of the  following  tangible  personal  property  are
exempt from the tax imposed by this Act:
    (1)  Farm chemicals.
    (2)  Farm  machinery  and  equipment,  both new and used,
including that manufactured on special  order,  certified  by
the purchaser to be used primarily for production agriculture
or   State   or   federal  agricultural  programs,  including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased  for  lease,  and
including implements of husbandry defined in Section 1-130 of
the  Illinois  Vehicle  Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons  required
to  be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding  other  motor  vehicles  required  to  be
registered  under  the  Illinois  Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating,  growing,  or
overwintering  plants  shall be considered farm machinery and
equipment under this item (2). Agricultural  chemical  tender
tanks  and dry boxes shall include units sold separately from
a motor vehicle  required  to  be  licensed  and  units  sold
mounted  on  a  motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
    Farm machinery  and  equipment  shall  include  precision
farming  equipment  that  is  installed  or  purchased  to be
installed on farm machinery and equipment including, but  not
limited   to,   tractors,   harvesters,  sprayers,  planters,
seeders, or spreaders. Precision farming equipment  includes,
but  is  not  limited  to,  soil  testing sensors, computers,
monitors, software, global positioning and  mapping  systems,
and other such equipment.
    Farm  machinery  and  equipment  also includes computers,
sensors, software, and related equipment  used  primarily  in
the  computer-assisted  operation  of  production agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited to, the collection, monitoring,  and  correlation  of
animal  and  crop  data for the purpose of formulating animal
diets and agricultural chemicals.  This item  (7)  is  exempt
from the provisions of Section 3-75.
    (3)  Distillation machinery and equipment, sold as a unit
or  kit, assembled or installed by the retailer, certified by
the user to be used only for the production of ethyl  alcohol
that  will  be  used  for  consumption  as motor fuel or as a
component of motor fuel for the personal use of the user, and
not subject to sale or resale.
    (4)  Graphic  arts  machinery  and  equipment,  including
repair  and  replacement  parts,  both  new  and  used,   and
including that manufactured on special order or purchased for
lease,  certified  by  the purchaser to be used primarily for
graphic arts production.
    (5)  A motor vehicle  of  the  first  division,  a  motor
vehicle of the second division that is a self-contained motor
vehicle  designed  or permanently converted to provide living
quarters for  recreational,  camping,  or  travel  use,  with
direct  walk  through  access to the living quarters from the
driver's seat, or a motor vehicle of the second division that
is of the van configuration designed for  the  transportation
of not less than 7 nor more than 16 passengers, as defined in
Section  1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as  defined  in  the  Automobile  Renting
Occupation and Use Tax Act.
    (6)  Personal   property   sold  by  a  teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (7)  Proceeds  of  that portion of the selling price of a
passenger car the sale of which is subject to the Replacement
Vehicle Tax.
    (8)  Personal property sold to an  Illinois  county  fair
association  for  use  in conducting, operating, or promoting
the county fair.
    (9)  Personal property sold to a not-for-profit music  or
dramatic   arts   organization  that  establishes,  by  proof
required by the Department by rule, that it has  received  an
exemption  under  Section  501(c) (3) of the Internal Revenue
Code and that is organized and operated for the  presentation
of live public performances of musical or theatrical works on
a regular basis.
    (10)  Personal  property  sold by a corporation, society,
association, foundation, institution, or organization,  other
than  a  limited  liability  company,  that  is organized and
operated as  a  not-for-profit  service  enterprise  for  the
benefit  of  persons 65 years of age or older if the personal
property was not purchased by the enterprise for the  purpose
of resale by the enterprise.
    (11)  Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or  educational purposes, or to a not-for-profit corporation,
society,    association,    foundation,    institution,    or
organization that has no compensated  officers  or  employees
and   that  is  organized  and  operated  primarily  for  the
recreation of persons 55 years of age  or  older.  A  limited
liability  company  may  qualify for the exemption under this
paragraph only if the limited liability company is  organized
and  operated  exclusively  for  educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.
    (12)  Personal property sold to interstate  carriers  for
hire  for  use as rolling stock moving in interstate commerce
or to lessors under leases of one year or longer executed  or
in  effect at the time of purchase by interstate carriers for
hire for use as rolling stock moving in  interstate  commerce
and  equipment  operated  by  a  telecommunications provider,
licensed as a common carrier by  the  Federal  Communications
Commission,  which  is permanently installed in or affixed to
aircraft moving in interstate commerce.
    (13)  Proceeds from sales to owners, lessors, or shippers
of tangible personal property that is utilized by  interstate
carriers  for  hire  for  use  as  rolling  stock  moving  in
interstate    commerce    and   equipment   operated   by   a
telecommunications provider, licensed as a common carrier  by
the  Federal  Communications Commission, which is permanently
installed in or affixed  to  aircraft  moving  in  interstate
commerce.
    (14)  Machinery  and  equipment  that will be used by the
purchaser, or a lessee of the  purchaser,  primarily  in  the
process  of  manufacturing  or  assembling  tangible personal
property for wholesale or retail sale or lease,  whether  the
sale or lease is made directly by the manufacturer or by some
other  person,  whether the materials used in the process are
owned by the manufacturer or some other  person,  or  whether
the sale or lease is made apart from or as an incident to the
seller's  engaging  in  the  service  occupation of producing
machines, tools,  dies,  jigs,  patterns,  gauges,  or  other
similar  items  of no commercial value on special order for a
particular purchaser.
    (15)  Proceeds of mandatory  service  charges  separately
stated  on  customers'  bills for purchase and consumption of
food and beverages, to the extent that the  proceeds  of  the
service  charge  are  in  fact  turned  over  as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning  up  the  food  or
beverage function with respect to which the service charge is
imposed.
    (16)  Petroleum  products  sold  to  a  purchaser  if the
seller is prohibited by federal law from charging tax to  the
purchaser.
    (17)  Tangible personal property sold to a common carrier
by rail or motor that receives the physical possession of the
property  in  Illinois  and  that transports the property, or
shares with another common carrier in the  transportation  of
the  property,  out of Illinois on a standard uniform bill of
lading showing the seller of the property as the  shipper  or
consignor  of the property to a destination outside Illinois,
for use outside Illinois.
    (18)  Legal tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (19)  Oil field  exploration,  drilling,  and  production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
goods, including casing and drill strings,  (iii)  pumps  and
pump-jack  units,  (iv) storage tanks and flow lines, (v) any
individual  replacement  part  for  oil  field   exploration,
drilling,  and  production  equipment, and (vi) machinery and
equipment purchased for lease; but excluding  motor  vehicles
required to be registered under the Illinois Vehicle Code.
    (20)  Photoprocessing  machinery and equipment, including
repair and replacement parts, both new  and  used,  including
that   manufactured   on  special  order,  certified  by  the
purchaser to  be  used  primarily  for  photoprocessing,  and
including  photoprocessing  machinery and equipment purchased
for lease.
    (21)  Coal  exploration,  mining,   offhighway   hauling,
processing, maintenance, and reclamation equipment, including
replacement  parts  and  equipment,  and  including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
    (22)  Fuel and petroleum products sold to or used  by  an
air  carrier,  certified  by  the  carrier  to  be  used  for
consumption,  shipment,  or  storage  in  the  conduct of its
business as an air common carrier, for a flight destined  for
or  returning from a location or locations outside the United
States without regard  to  previous  or  subsequent  domestic
stopovers.
    (23)  A  transaction  in  which  the  purchase  order  is
received  by  a  florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property to
the purchaser or the purchaser's donee in Illinois.
    (24)  Fuel consumed or used in the  operation  of  ships,
barges,  or  vessels  that  are  used primarily in or for the
transportation of property or the conveyance of  persons  for
hire  on  rivers  bordering  on  this  State  if  the fuel is
delivered by the seller to the purchaser's  barge,  ship,  or
vessel while it is afloat upon that bordering river.
    (25)  A motor vehicle sold in this State to a nonresident
even though the motor vehicle is delivered to the nonresident
in  this  State,  if the motor vehicle is not to be titled in
this State, and if a driveaway decal permit is issued to  the
motor  vehicle  as  provided in Section 3-603 of the Illinois
Vehicle Code or if  the  nonresident  purchaser  has  vehicle
registration  plates  to  transfer  to the motor vehicle upon
returning to his or her home  state.   The  issuance  of  the
driveaway   decal   permit   or   having   the   out-of-state
registration plates to be transferred is prima facie evidence
that the motor vehicle will not be titled in this State.
    (26)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (27)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (28)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the  time  of  the  purchase,  to  a
hospital  that  has  been  issued  an  active  tax  exemption
identification  number  by the Department under Section 1g of
this Act.
    (29)  Personal property sold to a lessor who  leases  the
property,  under a lease of one year or longer executed or in
effect at the time of the purchase, to  a  governmental  body
that  has  been issued an active tax exemption identification
number by the Department under Section 1g of this Act.
    (30)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that  is  donated
for  disaster  relief  to  be  used  in  a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State  to
a   corporation,   society,   association,   foundation,   or
institution  that  has  been  issued  a  sales  tax exemption
identification number by the Department that assists  victims
of the disaster who reside within the declared disaster area.
    (31)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is used in
the performance of  infrastructure  repairs  in  this  State,
including  but  not  limited  to municipal roads and streets,
access roads, bridges,  sidewalks,  waste  disposal  systems,
water  and  sewer  line  extensions,  water  distribution and
purification facilities, storm water drainage  and  retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located  in  the declared disaster area within 6 months after
the disaster.
(Source: P.A.  89-16,  eff.  5-30-95;  89-115,  eff.  1-1-96;
89-349, eff. 8-17-95;  89-495,  eff.  6-24-96;  89-496,  eff.
6-25-96;  89-626,  eff.  8-9-96;  90-14, eff. 7-1-97; 90-519,
eff. 6-1-98; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98.)

    (35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
    Sec. 2-10. Rate of tax.   Unless  otherwise  provided  in
this  Section,  the tax imposed by this Act is at the rate of
6.25% of gross  receipts  from  sales  of  tangible  personal
property made in the course of business.
    With  respect  to gasohol, as defined in the Use Tax Act,
the tax imposed by this Act applies to 70% of the proceeds of
sales made on or after January 1, 1990, and  before  July  1,
2003, and to 100% of the proceeds of sales made thereafter.
    With  respect to food for human consumption that is to be
consumed off the  premises  where  it  is  sold  (other  than
alcoholic  beverages,  soft  drinks,  and  food that has been
prepared for  immediate  consumption)  and  prescription  and
nonprescription   medicines,   drugs,   medical   appliances,
modifications to a motor vehicle for the purpose of rendering
it  usable  by  a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, the tax is imposed at the rate of 1%. For  the  purposes
of  this  Section, the term "soft drinks" means any complete,
finished,   ready-to-use,   non-alcoholic   drink,    whether
carbonated  or  not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of  whatever
kind  or  description  that  are  contained  in any closed or
sealed bottle, can, carton, or container, regardless of size.
"Soft drinks" does not include  coffee,  tea,  non-carbonated
water,  infant  formula,  milk or milk products as defined in
the Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
    Notwithstanding any other provisions of this  Act,  "food
for human consumption that is to be consumed off the premises
where  it  is  sold" includes all food sold through a vending
machine, except  soft  drinks  and  food  products  that  are
dispensed  hot  from  a  vending  machine,  regardless of the
location of the vending machine.
(Source: P.A. 89-359,  eff.  8-17-95;  89-420,  eff.  6-1-96;
89-463,  eff.  5-31-96;  89-626,  eff.  8-9-96;  90-605, eff.
6-30-98; 90-606, eff. 6-30-98.)

    (35 ILCS 120/2-15) (from Ch. 120, par. 441-15)
    Sec. 2-15.  Photoprocessing.  For  purposes  of  the  tax
imposed on photographs, negatives, and positives by this Act,
"photoprocessing" includes, but is not limited to, developing
films, positives, negatives, and transparencies, and tinting,
coloring, making, and enlarging prints.  Photoprocessing does
not include color separation, typesetting, and platemaking by
photographic  means in the graphic arts industry and does not
include any procedure, process, or  activity  connected  with
the  creation  of  the  images  on  the  film  from which the
negatives, positives, or photographs are derived.  The charge
for  in-house  photoprocessing  may  not  be  less  than  the
photoprocessor's cost price of materials.  In transactions in
which products of photoprocessing  are  sold  in  conjunction
with  other  services,  if  a  charge for the photoprocessing
component is not separately stated, tax is imposed on 50%  of
the  entire  selling  price  unless  the  sale  is  made by a
professional photographer, in which case tax  is  imposed  on
10% of the entire selling price.
(Source:  P.A. 86-44; 86-244; 86-252; 86-444; 86-820; 86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-20) (from Ch. 120, par. 441-20)
    Sec. 2-20.  Bullion.  For purposes of this Act, "bullion"
means gold, silver, or platinum in a bulk state with a purity
of not less than 980 parts per 1,000.
(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820;  86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-25) (from Ch. 120, par. 441-25)
    Sec.  2-25.  Computer software.  For the purposes of this
Act, "computer software" means a set of statements, data,  or
instructions  to be used directly or indirectly in a computer
in order to bring about a certain result in any form in which
those statements, data,  or  instructions  may  be  embodied,
transmitted,  or  fixed, by any method now known or hereafter
developed, regardless of whether  the  statements,  data,  or
instructions   are   capable   of   being   perceived  by  or
communicated to humans, and  includes  prewritten  or  canned
software  that  is  held  for repeated sale or lease, and all
associated  documentation  and  materials,  if  any,  whether
contained on magnetic tapes, discs, cards, or  other  devices
or  media,  but  does not include software that is adapted to
specific  individualized   requirements   of   a   purchaser,
custom-made  and  modified software designed for a particular
or limited use by a purchaser, or software  used  to  operate
exempt  machinery  and  equipment  used  in  the  process  of
manufacturing  or  assembling  tangible personal property for
wholesale or retail sale or lease.
    For the purposes of this Act, computer software shall  be
considered to be tangible personal property.
(Source:  P.A. 86-44; 86-244; 86-252; 86-444; 86-820; 86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-30) (from Ch. 120, par. 441-30)
    Sec. 2-30.  Graphic arts  production.   For  purposes  of
this  Act, "graphic arts production" means printing by one or
more of the  common  processes  or  graphic  arts  production
services as those processes and services are defined in Major
Group  27  of  the  U.S.  Standard  Industrial Classification
Manual.

(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820;  86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-35) (from Ch. 120, par. 441-35)
    Sec.  2-35.  Production agriculture. For purposes of this
Act, "production agriculture" means the  raising  of  or  the
propagation   of   livestock;   crops   for  sale  for  human
consumption; crops for livestock consumption; and  production
seed  stock  grown for the propagation of feed grains and the
husbandry of animals or for the purpose of providing  a  food
product,  including  the  husbandry  of blood stock as a main
source of providing a food product. "Production  agriculture"
also   means  animal  husbandry,  floriculture,  aquaculture,
horticulture, and viticulture.
(Source: P.A. 89-220, eff. 1-1-96.)

    (35 ILCS 120/2-40) (from Ch. 120, par. 441-40)
    Sec. 2-40.  Purchaser refunds.  If a seller  collects  an
amount  (however  designated)  that purports to reimburse the
seller for retailers' occupation tax  liability  measured  by
receipts  that  are not subject to retailers' occupation tax,
or if a seller, in collecting an amount (however  designated)
that   purports   to  reimburse  the  seller  for  retailers'
occupation  tax  liability  measured  by  receipts  that  are
subject to  tax  under  this  Act,  collects  more  from  the
purchaser   than   the  seller's  retailers'  occupation  tax
liability on the transaction,  the  purchaser  shall  have  a
legal right to claim a refund of that amount from the seller.
If, however, that amount is not refunded to the purchaser for
any  reason,  the  seller is liable to pay that amount to the
Department.  This paragraph  does  not  apply  to  an  amount
collected  by  the  seller  as reimbursement for the seller's
retailers' occupation tax  liability  on  receipts  that  are
subject  to  tax  under this Act as long as the collection is
made  in  compliance  with  the   tax   collection   brackets
prescribed by the Department in its rules and regulations.
(Source:  P.A. 86-44; 86-244; 86-252; 86-444; 86-820; 86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-45) (from Ch. 120, par. 441-45)
    Sec. 2-45.  Manufacturing and  assembly  exemption.   The
manufacturing  and assembly machinery and equipment exemption
includes machinery and equipment that replaces machinery  and
equipment  in  an  existing manufacturing facility as well as
machinery and equipment that are for use in  an  expanded  or
new manufacturing facility.
    The  machinery  and  equipment  exemption  also  includes
machinery  and  equipment  used in the general maintenance or
repair of exempt machinery  and  equipment  or  for  in-house
manufacture  of  exempt  machinery  and  equipment.  For  the
purposes   of   this  exemption,  terms  have  the  following
meanings:
         (1)  "Manufacturing process" means the production of
    an article of tangible  personal  property,  whether  the
    article  is  a  finished product or an article for use in
    the process of manufacturing or  assembling  a  different
    article  of  tangible  personal  property, by a procedure
    commonly   regarded   as    manufacturing,    processing,
    fabricating,  or  refining  that  changes  some  existing
    material  or  materials  into a material with a different
    form,  use,  or  name.   In  relation  to  a   recognized
    integrated  business  composed  of a series of operations
    that   collectively    constitute    manufacturing,    or
    individually  constitute  manufacturing  operations,  the
    manufacturing  process commences with the first operation
    or stage of production in the series  and  does  not  end
    until  the  completion  of  the final product in the last
    operation or stage of  production  in  the  series.   For
    purposes   of   this   exemption,  photoprocessing  is  a
    manufacturing process of tangible personal  property  for
    wholesale or retail sale.
         (2)  "Assembling process" means the production of an
    article   of  tangible  personal  property,  whether  the
    article is a finished product or an article  for  use  in
    the  process  of  manufacturing or assembling a different
    article of tangible personal property, by the combination
    of existing materials in a manner  commonly  regarded  as
    assembling  that  results  in  a  material of a different
    form, use, or name.
         (3)  "Machinery" means major mechanical machines  or
    major  components  of  those  machines  contributing to a
    manufacturing or assembling process.
         (4)  "Equipment" includes an independent  device  or
    tool   separate   from  machinery  but  essential  to  an
    integrated manufacturing or assembly  process;  including
    computers  used  primarily  in operating exempt machinery
    and equipment in a  computer  assisted  design,  computer
    assisted  manufacturing  (CAD/CAM) system; any subunit or
    assembly comprising  a  component  of  any  machinery  or
    auxiliary,  adjunct,  or  attachment  parts of machinery,
    such as tools, dies, jigs, fixtures, patterns, and molds;
    and any parts that require periodic  replacement  in  the
    course  of  normal  operation;  but does not include hand
    tools.
    The manufacturing and assembling machinery and  equipment
exemption  includes  the sale of materials to a purchaser who
produces exempted types of machinery, equipment, or tools and
who rents or leases that machinery, equipment, or tools to  a
manufacturer  of  tangible personal property.  This exemption
also includes the  sale  of  materials  to  a  purchaser  who
manufactures   those  materials  into  an  exempted  type  of
machinery,  equipment,  or  tools  that  the  purchaser  uses
himself or herself in the manufacturing of tangible  personal
property.   The  purchaser of the machinery and equipment who
has an active resale registration number shall  furnish  that
number to the seller at the time of purchase.  A purchaser of
the  machinery, equipment, and tools without an active resale
registration number shall furnish to the seller a certificate
of exemption for each transaction stating facts  establishing
the  exemption  for  that  transaction,  and that certificate
shall be available to the Department for inspection or audit.
Informal  rulings,  opinions,  or  letters  issued   by   the
Department  in  response  to  an  inquiry  or  request for an
opinion  from  any  person   regarding   the   coverage   and
applicability  of this exemption to specific devices shall be
published, maintained as a public record, and made  available
for  public  inspection and copying.  If the informal ruling,
opinion,  or  letter  contains   trade   secrets   or   other
confidential  information,  where  possible,  the  Department
shall  delete  that information before publication.  Whenever
informal rulings, opinions, or letters contain  a  policy  of
general  applicability,  the  Department  shall formulate and
adopt that policy as a rule in accordance with  the  Illinois
Administrative Procedure Act.
(Source: P.A. 88-505; 88-547.)

    (35 ILCS 120/2-50) (from Ch. 120, par. 441-50)
    Sec.  2-50.   Rolling  stock exemption. The rolling stock
exemption applies to rolling  stock  used  by  an  interstate
carrier  for  hire,  even just between points in Illinois, if
the   rolling  stock  transports,  for  hire,  persons  whose
journeys  or  property whose shipments originate or terminate
outside Illinois.
(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820;  86-905;
86-928; 86-953; 86-1394; 86-1475.)
    (35 ILCS 120/2-55) (from Ch. 120, par. 441-55)
    Sec.   2-55.   Serviceman  transfer.   Tangible  personal
property purchased by a serviceman, as defined in  Section  2
of  the  Service  Occupation  Tax  Act, is subject to the tax
imposed by this  Act  when  purchased  for  transfer  by  the
serviceman   incidental   to   completion  of  a  maintenance
agreement.
(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820;  86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-60) (from Ch. 120, par. 441-60)
    Sec.  2-60.   Interstate  commerce exemption.  No  tax is
imposed under this Act upon the privilege of  engaging  in  a
business  in  interstate  commerce  or  otherwise,  when  the
business  may not, under the Constitution and statutes of the
United States, be made the subject of taxation by this State.
(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820;  86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/2-65) (from Ch. 120, par. 441-65)
    Sec.   2-65.    Liability   because  of  amendatory  Act.
Revisions in Section 2  (now  Sections  2  through  2-65)  by
Public  Act  85-1135  do  not affect tax liability that arose
before January 1, 1990.
(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820;  86-905;
86-928; 86-953; 86-1394; 86-1475.)

    (35 ILCS 120/3) (from Ch. 120, par. 442)
    Sec. 3.  Except as provided in this Section, on or before
the  twentieth  day  of  each  calendar  month,  every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding  calendar  month
shall file a return with the Department, stating:
         1.  The name of the seller;
         2.  His  residence  address  and  the address of his
    principal place  of  business  and  the  address  of  the
    principal  place  of  business  (if  that  is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
         3.  Total amount of receipts received by him  during
    the  preceding calendar month or quarter, as the case may
    be, from sales of tangible personal  property,  and  from
    services furnished, by him during such preceding calendar
    month or quarter;
         4.  Total   amount   received   by  him  during  the
    preceding calendar month or quarter on  charge  and  time
    sales  of  tangible  personal property, and from services
    furnished, by him prior to the month or quarter for which
    the return is filed;
         5.  Deductions allowed by law;
         6.  Gross receipts which were received by him during
    the preceding calendar month  or  quarter  and  upon  the
    basis of which the tax is imposed;
         7.  The  amount  of credit provided in Section 2d of
    this Act;
         8.  The amount of tax due;
         9.  The signature of the taxpayer; and
         10.  Such  other  reasonable  information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Each return shall be  accompanied  by  the  statement  of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    A  retailer  may  accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax  as
provided  in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act.  A  Manufacturer's  Purchase  Credit
certification,  accepted by a retailer as provided in Section
3-85 of the Use Tax Act, may be  used  by  that  retailer  to
satisfy  Retailers'  Occupation  Tax  liability in the amount
claimed in the certification, not  to  exceed  6.25%  of  the
receipts subject to tax from a qualifying purchase.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him during the preceding calendar  month  from  sales  of
    tangible  personal  property by him during such preceding
    calendar month, including receipts from charge  and  time
    sales, but less all deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If  a total amount of less than $1 is payable, refundable
or creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50  cents
or more.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.  The  term  "average
monthly  tax  liability"  shall  be the sum of the taxpayer's
liabilities under this Act, and under  all  other  State  and
local  occupation  and  use  tax  laws  administered  by  the
Department,  for  the  immediately  preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or  reported  on
any  return  or  other document under this Act shall, if such
amount is not a whole-dollar  amount,  be  increased  to  the
nearest  whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and  decreased  to  the
nearest  whole-dollar  amount  where the fractional part of a
dollar is less than 50 cents.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability  with  the  Department  does  not  exceed  $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    Where  the  same  person  has  more  than  one   business
registered  with  the Department under separate registrations
under this Act, such person may not file each return that  is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    In  addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this State, every retailer selling this
kind of tangible  personal  property  shall  file,  with  the
Department,  upon a form to be prescribed and supplied by the
Department, a separate return for each such item of  tangible
personal  property  which  the  retailer  sells,  except that
where, in the  same  transaction,  a  retailer  of  aircraft,
watercraft,  motor  vehicles  or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
retailer for the purpose of resale, that  seller  for  resale
may  report  the  transfer of all aircraft, watercraft, motor
vehicles or trailers involved  in  that  transaction  to  the
Department  on the same uniform invoice-transaction reporting
return form.  For  purposes  of  this  Section,  "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section  3-2  of  the  Boat  Registration  and  Safety Act, a
personal watercraft, or any boat  equipped  with  an  inboard
motor.
    Any  retailer  who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that  all  retailers'  occupation
tax liability is required to be reported, and is reported, on
such  transaction  reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not  file
monthly or quarterly returns.  However, those retailers shall
be required to file returns on an annual basis.
    The  transaction  reporting  return, in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of The  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of The Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft or aircraft must show the name and address of  the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale, a sufficient identification of
the  property  sold,  and  such  other  information  as   the
Department may reasonably require.
    Such  transaction  reporting  return  shall  be filed not
later than 20 days after the day of delivery of the item that
is being sold, but may be filed by the retailer at  any  time
sooner  than  that  if  he chooses to do so.  The transaction
reporting return and tax remittance  or  proof  of  exemption
from   the  Illinois  use  tax  may  be  transmitted  to  the
Department by way of the State agency with  which,  or  State
officer  with  whom  the  tangible  personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer  determine
that   this   procedure   will  expedite  the  processing  of
applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall issue, in the purchaser's name,  a  use  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  the  tax  or  proof  of  exemption made to the Department
before the retailer is willing to take these actions and such
user has not paid the tax to  the  retailer,  such  user  may
certify  to  the  fact  of such delay by the retailer and may
(upon the Department being satisfied of  the  truth  of  such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Refunds  made  by  the seller during the preceding return
period  to  purchasers,  on  account  of  tangible   personal
property  returned  to  the  seller,  shall  be  allowed as a
deduction under subdivision 5 of  his  monthly  or  quarterly
return,   as  the  case  may  be,  in  case  the  seller  had
theretofore included the  receipts  from  the  sale  of  such
tangible  personal  property in a return filed by him and had
paid the tax  imposed  by  this  Act  with  respect  to  such
receipts.
    Where  the  seller  is a corporation, the return filed on
behalf of such corporation shall be signed by the  president,
vice-president,  secretary  or  treasurer  or by the properly
accredited agent of such corporation.
    Where the seller is  a  limited  liability  company,  the
return filed on behalf of the limited liability company shall
be  signed by a manager, member, or properly accredited agent
of the limited liability company.
    Except as provided in this Section, the  retailer  filing
the  return  under  this Section shall, at the time of filing
such return, pay to the Department the amount of tax  imposed
by  this Act less a discount of 2.1% prior to January 1, 1990
and 1.75% on and after January 1, 1990, or  $5  per  calendar
year, whichever is greater, which is allowed to reimburse the
retailer  for  the  expenses  incurred  in  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to  the  Department  on  request.   Any prepayment made
pursuant to Section 2d of this Act shall be included  in  the
amount  on which such 2.1% or 1.75% discount is computed.  In
the case of retailers  who  report  and  pay  the  tax  on  a
transaction   by  transaction  basis,  as  provided  in  this
Section, such discount shall be  taken  with  each  such  tax
remittance  instead  of when such retailer files his periodic
return.
    If the taxpayer's average monthly tax  liability  to  the
Department  under  this  Act,  the  Use  Tax Act, the Service
Occupation Tax Act, and the Service Use  Tax  Act,  excluding
any  liability  for  prepaid  sales  tax  to  be  remitted in
accordance with Section 2d of this Act, was $10,000  or  more
during  the  preceding 4 complete calendar quarters, he shall
file a return with the Department each month by the 20th  day
of  the  month next following the month during which such tax
liability  is  incurred  and  shall  make  payments  to   the
Department  on  or before the 7th, 15th, 22nd and last day of
the month during which such liability is  incurred.   If  the
month during which such tax liability is incurred began prior
to  January 1, 1985, each payment shall be in an amount equal
to 1/4 of the taxpayer's actual liability for the month or an
amount set by the Department not to exceed 1/4 of the average
monthly liability of the taxpayer to the Department  for  the
preceding  4  complete calendar quarters (excluding the month
of highest liability and the month  of  lowest  liability  in
such  4  quarter period).  If the month during which such tax
liability is incurred begins on or after January 1, 1985  and
prior  to January 1, 1987, each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  27.5%  of  the  taxpayer's  liability for the same
calendar month of the preceding year.  If  the  month  during
which  such  tax  liability  is  incurred  begins on or after
January 1, 1987 and prior to January 1,  1988,  each  payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 26.25% of the taxpayer's liability
for  the  same  calendar month of the preceding year.  If the
month during which such tax liability is incurred  begins  on
or  after  January  1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be  in
an  amount  equal to 22.5% of the taxpayer's actual liability
for the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year.  If  the  month  during
which  such  tax  liability  is  incurred  begins on or after
January 1, 1989, and prior to January 1, 1996,  each  payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability  for  the  month or 25% of the taxpayer's liability
for the same calendar month of the preceding year or 100%  of
the  taxpayer's  actual  liability  for  the  quarter monthly
reporting  period.   The  amount  of  such  quarter   monthly
payments shall be credited against the final tax liability of
the  taxpayer's  return for that month.  Once applicable, the
requirement of the making of quarter monthly payments to  the
Department   by  taxpayers  having  an  average  monthly  tax
liability of $10,000 or more  as  determined  in  the  manner
provided  above  shall continue until such taxpayer's average
monthly liability to the Department during  the  preceding  4
complete  calendar  quarters  (excluding the month of highest
liability and the month of lowest  liability)  is  less  than
$9,000, or until such taxpayer's average monthly liability to
the Department as computed for each calendar quarter of the 4
preceding  complete  calendar  quarter  period  is  less than
$10,000.  However, if a taxpayer can show the Department that
a substantial change in the taxpayer's business has  occurred
which  causes  the  taxpayer  to  anticipate that his average
monthly tax liability for the reasonably  foreseeable  future
will  fall below $10,000, then such taxpayer may petition the
Department for a change in such taxpayer's reporting  status.
The  Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal  in  nature  and
not  likely  to  be  long  term.  If any such quarter monthly
payment is not paid at the time or in the amount required  by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as  a  payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer  has
previously  made payments for that month to the Department in
excess of the minimum payments previously due as provided  in
this  Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount  and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    Without  regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to  collect  and  remit
prepaid  taxes  and has collected prepaid taxes which average
in excess  of  $25,000  per  month  during  the  preceding  2
complete  calendar  quarters,  shall  file  a return with the
Department as required by Section 2f and shall make  payments
to  the  Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred.  If
the month during which such tax liability is  incurred  began
prior  to  the effective date of this amendatory Act of 1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d.  If  the  month
during  which  such  tax  liability  is incurred begins on or
after January 1, 1986, each payment shall  be  in  an  amount
equal  to  22.5%  of  the taxpayer's actual liability for the
month or 27.5% of  the  taxpayer's  liability  for  the  same
calendar  month of the preceding calendar year.  If the month
during which such tax liability  is  incurred  begins  on  or
after  January  1,  1987,  each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  26.25%  of  the  taxpayer's liability for the same
calendar month of the preceding year.   The  amount  of  such
quarter  monthly payments shall be credited against the final
tax liability of the taxpayer's return for that  month  filed
under  this  Section or Section 2f, as the case may be.  Once
applicable, the requirement of the making of quarter  monthly
payments  to  the Department pursuant to this paragraph shall
continue until such taxpayer's average  monthly  prepaid  tax
collections during the preceding 2 complete calendar quarters
is  $25,000  or less.  If any such quarter monthly payment is
not paid at the time or in the amount required, the  taxpayer
shall   be   liable   for  penalties  and  interest  on  such
difference, except insofar as  the  taxpayer  has  previously
made  payments  for  that  month  in  excess  of  the minimum
payments previously due.
    If any payment provided for in this Section  exceeds  the
taxpayer's  liabilities  under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use  Tax  Act,  as
shown on an original monthly return, the Department shall, if
requested  by  the  taxpayer,  issue to the taxpayer a credit
memorandum no later than 30 days after the date  of  payment.
The  credit  evidenced  by  such  credit  memorandum  may  be
assigned  by  the  taxpayer  to a similar taxpayer under this
Act, the Use Tax Act, the Service Occupation Tax Act  or  the
Service  Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department.  If  no  such
request  is made, the taxpayer may credit such excess payment
against tax liability subsequently  to  be  remitted  to  the
Department  under  this  Act,  the  Use  Tax Act, the Service
Occupation Tax Act or the Service Use Tax Act, in  accordance
with  reasonable  rules  and  regulations  prescribed  by the
Department.  If the Department subsequently  determined  that
all  or  any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the  difference  between
the  credit  taken  and  that actually due, and that taxpayer
shall  be  liable  for  penalties  and   interest   on   such
difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to  the  Department  under  this  Act for the month which the
taxpayer is filing a return, the Department shall  issue  the
taxpayer a credit memorandum for the excess.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local Government Tax Fund, a special  fund
in  the  State  treasury  which  is  hereby  created, the net
revenue realized for the preceding month from the 1%  tax  on
sales  of  food for human consumption which is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks and food which has been prepared for
immediate consumption) and prescription  and  nonprescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes and needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund,  a
special  fund  in the State treasury which is hereby created,
4% of the net revenue realized for the preceding  month  from
the 6.25% general rate.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local Government Tax Fund 16% of  the  net
revenue  realized  for  the  preceding  month  from the 6.25%
general rate  on  the  selling  price  of  tangible  personal
property.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to this Act, Section 9 of the Use Tax Act, Section 9  of  the
Service  Use Tax Act, and Section 9 of the Service Occupation
Tax Act, such Acts being hereinafter called  the  "Tax  Acts"
and  such  aggregate  of 2.2% or 3.8%, as the case may be, of
moneys being hereinafter called the "Tax Act Amount", and (2)
the amount transferred to the Build Illinois  Fund  from  the
State  and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as hereinafter defined),  an  amount
equal  to  the  difference shall be immediately paid into the
Build  Illinois  Fund  from  other  moneys  received  by  the
Department pursuant to the Tax Acts;  the  "Annual  Specified
Amount"  means  the  amounts specified below for fiscal years
1986 through 1993:
         Fiscal Year              Annual Specified Amount
             1986                       $54,800,000
             1987                       $76,650,000
             1988                       $80,480,000
             1989                       $88,510,000
             1990                       $115,330,000
             1991                       $145,470,000
             1992                       $182,730,000
             1993                      $206,520,000;
and means the Certified Annual Debt Service  Requirement  (as
defined  in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for  fiscal  year  1994
and  each  fiscal year thereafter; and further provided, that
if on the last business day of any month the sum of  (1)  the
Tax  Act  Amount  required  to  be  deposited  into the Build
Illinois Bond Account in the Build Illinois Fund during  such
month  and  (2)  the amount transferred to the Build Illinois
Fund from the State and Local Sales  Tax  Reform  Fund  shall
have  been  less than 1/12 of the Annual Specified Amount, an
amount equal to the difference shall be immediately paid into
the Build Illinois Fund from other  moneys  received  by  the
Department  pursuant  to the Tax Acts; and, further provided,
that in no  event  shall  the  payments  required  under  the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in  excess  of  the greater of (i) the Tax Act Amount or (ii)
the Annual  Specified  Amount  for  such  fiscal  year.   The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust   indenture   securing  Bonds  issued  and  outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into account any future investment income, to fully  provide,
in  accordance  with such indenture, for the defeasance of or
the payment  of  the  principal  of,  premium,  if  any,  and
interest  on  the  Bonds secured by such indenture and on any
Bonds expected to be issued thereafter and all fees and costs
payable  with  respect  thereto,  all  as  certified  by  the
Director of the  Bureau  of  the  Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond  Act,  the  aggregate  of
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the first sentence of this paragraph and shall reduce the
amount otherwise payable for such  fiscal  year  pursuant  to
that  clause  (b).   The  moneys  received  by the Department
pursuant to this Act and required to be  deposited  into  the
Build  Illinois  Fund  are  subject  to the pledge, claim and
charge set forth in Section 12 of  the  Build  Illinois  Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act,  but not in excess of sums designated as
"Total Deposit", shall be deposited  in  the  aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
           2007 and                     106,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing  Act.   No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this  Act on photoprocessing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the McCormick Place Expansion Project to the preceding
paragraphs or in any amendments  thereto  hereafter  enacted,
beginning  July  1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the  net
revenue  realized  for  the  preceding  month  from the 6.25%
general rate  on  the  selling  price  of  tangible  personal
property.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act,  75%  thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School  Fund  as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The  Department  may,  upon  separate written notice to a
taxpayer, require the taxpayer to prepare and file  with  the
Department  on a form prescribed by the Department within not
less than 60 days after  receipt  of  the  notice  an  annual
information  return for the tax year specified in the notice.
Such  annual  return  to  the  Department  shall  include   a
statement  of  gross receipts as shown by the retailer's last
Federal income tax return.  If  the  total  receipts  of  the
business  as reported in the Federal income tax return do not
agree with the gross receipts reported to the  Department  of
Revenue for the same period, the retailer shall attach to his
annual  return  a  schedule showing a reconciliation of the 2
amounts and the reasons for the difference.   The  retailer's
annual  return to the Department shall also disclose the cost
of goods sold by the retailer during the year covered by such
return, opening and closing inventories  of  such  goods  for
such year, costs of goods used from stock or taken from stock
and  given  away  by  the  retailer during such year, payroll
information of the retailer's business during such  year  and
any  additional  reasonable  information which the Department
deems would be helpful in determining  the  accuracy  of  the
monthly,  quarterly  or annual returns filed by such retailer
as provided for in this Section.
    If the annual information return required by this Section
is not filed when and as  required,  the  taxpayer  shall  be
liable as follows:
         (i)  Until  January  1,  1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of  the  tax  due
    from such taxpayer under this Act during the period to be
    covered  by  the annual return for each month or fraction
    of a month until such return is filed  as  required,  the
    penalty  to  be assessed and collected in the same manner
    as any other penalty provided for in this Act.
         (ii)  On and after January  1,  1994,  the  taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking  manager  shall sign the annual return to certify the
accuracy of the information contained therein.    Any  person
who  willfully  signs  the  annual return containing false or
inaccurate  information  shall  be  guilty  of  perjury   and
punished  accordingly.   The annual return form prescribed by
the Department  shall  include  a  warning  that  the  person
signing the return may be liable for perjury.
    The  provisions  of this Section concerning the filing of
an annual information return do not apply to a  retailer  who
is  not required to file an income tax return with the United
States Government.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month;
except that this transfer shall not be made  for  the  months
February through June, 1992.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of administration,  manufacturers,
importers  and  wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and  paying  to  the
Department  all  tax  accruing under this Act with respect to
such sales, if the retailers who are  affected  do  not  make
written objection to the Department to this arrangement.
    Any  person  who  promotes,  organizes,  provides  retail
selling  space  for concessionaires or other types of sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar  exhibitions
or  events,  including  any  transient merchant as defined by
Section 2 of the Transient Merchant Act of 1987, is  required
to  file  a  report with the Department providing the name of
the merchant's business, the name of the  person  or  persons
engaged  in  merchant's  business,  the permanent address and
Illinois Retailers Occupation Tax Registration Number of  the
merchant,  the  dates  and  location  of  the event and other
reasonable information that the Department may require.   The
report must be filed not later than the 20th day of the month
next  following  the month during which the event with retail
sales was held.  Any  person  who  fails  to  file  a  report
required  by  this  Section commits a business offense and is
subject to a fine not to exceed $250.
    Any person engaged in the business  of  selling  tangible
personal property at retail as a concessionaire or other type
of  seller  at  the  Illinois  State  Fair, county fairs, art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily  report
of  the  amount of such sales to the Department and to make a
daily payment of the full amount of tax due.  The  Department
shall  impose  this requirement when it finds that there is a
significant risk of loss of revenue to the State at  such  an
exhibition  or  event.   Such  a  finding  shall  be based on
evidence that a  substantial  number  of  concessionaires  or
other  sellers  who  are  not  residents  of Illinois will be
engaging  in  the  business  of  selling  tangible   personal
property  at  retail  at  the  exhibition  or event, or other
evidence of a significant risk of  loss  of  revenue  to  the
State.  The Department shall notify concessionaires and other
sellers  affected  by the imposition of this requirement.  In
the  absence  of  notification   by   the   Department,   the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A.  89-89,  eff.  6-30-95;  89-235,  eff.  8-4-95;
89-379,  eff.  1-1-96;  89-626,  eff.  8-9-96;  90-491,  eff.
1-1-99; 90-612, eff. 7-8-98.)

    (35 ILCS 120/5k) (from Ch. 120, par. 444k)
    Sec.  5k.  Each retailer whose place a business is within
a county or municipality which has established an  Enterprise
Zone  pursuant  to the "Illinois Enterprise Zone Act" and who
makes a sale of building materials to  be  incorporated  into
real   estate   in   such   enterprise  zone  by  remodeling,
rehabilitation or new construction, may deduct receipts  from
such sales when calculating the tax imposed by this Act.  The
deduction  allowed  by  this Section for the sale of building
materials  may  be  limited,  to  the  extent  authorized  by
ordinance,  adopted  after  the  effective   date   of   this
amendatory  Act  of  1992, by the municipality or county that
created the enterprise zone.  The  corporate  authorities  of
any  municipality  or  county  that  adopts  an  ordinance or
resolution  imposing  or  changing  any  limitation  on   the
enterprise   zone  exemption  for  building  materials  shall
transmit to the Department of Revenue on or not later than  5
days  after publication, as provided by law, a certified copy
of the ordinance or resolution  imposing  or  changing  those
limitations,   whereupon  the  Department  of  Revenue  shall
proceed to administer and enforce those limitations effective
the first day of the second  calendar  month  next  following
date  of receipt by the Department of the certified ordinance
or resolution.
(Source: P.A. 87-848.)

    Section 140.  The Counties Code is amended by re-enacting
Sections  5-1006,  5-1007,  5-1008,  5-1009,  and  5-1024  as
follows:

    (55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)
    Sec. 5-1006.  Home Rule County Retailers' Occupation  Tax
Law.  Any  county  that  is a home rule unit may impose a tax
upon all persons engaged in the business of selling  tangible
personal  property,  other  than an item of tangible personal
property titled or registered with an agency of this  State's
government,  at  retail  in  the county on the gross receipts
from such sales made in the course  of  their  business.   If
imposed,  this  tax shall only be imposed in 1/4% increments.
On and after September 1, 1991, this additional tax  may  not
be  imposed  on the sales of food for human consumption which
is to be consumed off the premises where it  is  sold  (other
than alcoholic beverages, soft drinks and food which has been
prepared  for  immediate  consumption)  and  prescription and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin, urine testing materials, syringes and  needles  used
by  diabetics. The tax imposed by a home rule county pursuant
to this Section and all civil penalties that may be  assessed
as an incident thereof shall be collected and enforced by the
State Department of Revenue.  The certificate of registration
that  is  issued  by  the  Department to a retailer under the
Retailers' Occupation Tax Act shall permit  the  retailer  to
engage  in  a business that is taxable under any ordinance or
resolution  enacted  pursuant   to   this   Section   without
registering   separately   with  the  Department  under  such
ordinance  or  resolution  or  under   this   Section.    The
Department  shall  have  full power to administer and enforce
this  Section;  to  collect  all  taxes  and  penalties   due
hereunder;  to dispose of taxes and penalties so collected in
the manner hereinafter provided; and to determine all  rights
to  credit  memoranda  arising  on  account  of the erroneous
payment of tax or penalty hereunder.  In  the  administration
of,  and  compliance  with,  this Section, the Department and
persons who are subject to this Section shall have  the  same
rights,  remedies, privileges, immunities, powers and duties,
and  be  subject  to  the  same   conditions,   restrictions,
limitations,  penalties  and definitions of terms, and employ
the same modes of procedure, as are prescribed in Sections 1,
1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65  (in
respect  to  all provisions therein other than the State rate
of tax), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,  5i,  5j,  5k,
5l,  6,  6a,  6b,  6c,  7,  8,  9,  10,  11, 12 and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the  Uniform
Penalty  and  Interest  Act,  as fully as if those provisions
were set forth herein.
    No tax may be imposed by a home rule county  pursuant  to
this Section unless the county also imposes a tax at the same
rate pursuant to Section 5-1007.
    Persons  subject  to  any  tax  imposed  pursuant  to the
authority granted in this Section  may  reimburse  themselves
for  their  seller's  tax  liability  hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single  amount,  with  State  tax
which  sellers are required to collect under the Use Tax Act,
pursuant to such bracket  schedules  as  the  Department  may
prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead of issuing a
credit memorandum, the  Department  shall  notify  the  State
Comptroller,  who  shall  cause the order to be drawn for the
amount specified and to the person named in the  notification
from  the  Department.  The refund shall be paid by the State
Treasurer out of the home rule county  retailers'  occupation
tax fund.
    The  Department  shall  forthwith  pay  over to the State
Treasurer, ex officio, as trustee, all  taxes  and  penalties
collected  hereunder.   On  or  before  the  25th day of each
calendar month, the Department shall prepare and  certify  to
the  Comptroller  the disbursement of stated sums of money to
named counties, the counties to be those from which retailers
have paid taxes or  penalties  hereunder  to  the  Department
during the second preceding calendar month.  The amount to be
paid to each county shall be the amount (not including credit
memoranda)  collected  hereunder  during the second preceding
calendar  month  by  the  Department  plus  an   amount   the
Department determines is necessary to offset any amounts that
were  erroneously  paid  to  a different taxing body, and not
including an amount equal  to  the  amount  of  refunds  made
during  the second preceding calendar month by the Department
on behalf of such county, and not including any amount  which
the  Department determines is necessary to offset any amounts
which were payable  to  a  different  taxing  body  but  were
erroneously paid to the county. Within 10 days after receipt,
by  the Comptroller, of the disbursement certification to the
counties provided for in this Section  to  be  given  to  the
Comptroller  by  the  Department, the Comptroller shall cause
the  orders  to  be  drawn  for  the  respective  amounts  in
accordance   with   the   directions   contained    in    the
certification.
    In addition to the disbursement required by the preceding
paragraph,  an allocation shall be made in March of each year
to  each  county  that  received  more   than   $500,000   in
disbursements  under the preceding paragraph in the preceding
calendar year.  The allocation shall be in an amount equal to
the average monthly distribution made  to  each  such  county
under  the  preceding paragraph during the preceding calendar
year (excluding the  2  months  of  highest  receipts).   The
distribution  made  in  March  of each year subsequent to the
year in  which  an  allocation  was  made  pursuant  to  this
paragraph and the preceding paragraph shall be reduced by the
amount  allocated  and  disbursed under this paragraph in the
preceding calendar year.  The Department  shall  prepare  and
certify  to  the Comptroller for disbursement the allocations
made in accordance with this paragraph.
    For the purpose of  determining  the  local  governmental
unit  whose tax is applicable, a retail sale by a producer of
coal or other mineral mined in Illinois is a sale  at  retail
at  the  place  where  the  coal  or  other  mineral mined in
Illinois is extracted from the earth.   This  paragraph  does
not  apply  to  coal or other mineral when it is delivered or
shipped by the seller to the purchaser  at  a  point  outside
Illinois  so  that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in  any
business  which  under  the Constitution of the United States
may not be made the subject of taxation by this State.
    An ordinance or resolution imposing  or  discontinuing  a
tax hereunder or effecting a change in the rate thereof shall
be  adopted  and  a  certified  copy  thereof  filed with the
Department on or before the first day of June, whereupon  the
Department  shall  proceed  to  administer  and  enforce this
Section as of the first day of September next following  such
adoption  and filing. Beginning January 1, 1992, an ordinance
or resolution imposing or discontinuing the tax hereunder  or
effecting a change in the rate thereof shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October  next  following  such adoption and filing. Beginning
January 1, 1993,  an  ordinance  or  resolution  imposing  or
discontinuing  the tax hereunder or effecting a change in the
rate thereof shall be adopted and a  certified  copy  thereof
filed  with  the  Department  on  or  before the first day of
October, whereupon the Department shall proceed to administer
and enforce this Section as of the first day of January  next
following  such adoption and filing. Beginning April 1, 1998,
an ordinance or resolution imposing or discontinuing the  tax
hereunder  or  effecting  a  change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department shall proceed to administer and  enforce  this
Section  as  of  the  first  day  of  July next following the
adoption and filing; or (ii) be adopted and a certified  copy
thereof  filed with the Department on or before the first day
of  October,  whereupon  the  Department  shall  proceed   to
administer  and  enforce  this Section as of the first day of
January next following the adoption and filing.
    When certifying the amount of a monthly disbursement to a
county under this Section, the Department shall  increase  or
decrease  such  amount  by  an amount necessary to offset any
misallocation of previous disbursements.  The  offset  amount
shall be the amount erroneously disbursed within the previous
6 months from the time a misallocation is discovered.
    This  Section shall be known and may be cited as the Home
Rule County Retailers' Occupation Tax Law.
(Source: P.A. 90-689, eff. 7-31-98.)

    (55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)
    Sec. 5-1007.  Home Rule  County  Service  Occupation  Tax
Law.  The  corporate  authorities  of  a home rule county may
impose a tax upon all persons engaged, in such county, in the
business of making sales of service at the same rate  of  tax
imposed  pursuant  to  Section 5-1006 of the selling price of
all tangible personal property transferred by such servicemen
either in the form of tangible personal property  or  in  the
form  of  real estate as an incident to a sale of service. If
imposed, such tax shall only be imposed in  1/4%  increments.
On  and  after September 1, 1991, this additional tax may not
be imposed on the sales of food for human  consumption  which
is  to  be  consumed off the premises where it is sold (other
than alcoholic beverages, soft drinks and food which has been
prepared for  immediate  consumption)  and  prescription  and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin,  urine  testing materials, syringes and needles used
by diabetics. The tax imposed by a home rule county  pursuant
to  this Section and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the
State Department of Revenue. The certificate of  registration
which  is  issued  by  the Department to a retailer under the
Retailers' Occupation Tax Act or under the Service Occupation
Tax Act shall permit such registrant to engage in a  business
which  is  taxable  under any ordinance or resolution enacted
pursuant to this Section without registering separately  with
the  Department  under  such ordinance or resolution or under
this Section.   The  Department  shall  have  full  power  to
administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected   in   the  manner  hereinafter  provided;  and  to
determine all rights to credit memoranda arising  on  account
of the erroneous payment of tax or penalty hereunder.  In the
administration  of,  and  compliance  with,  this Section the
Department and persons who are subject to this Section  shall
have  the  same  rights,  remedies,  privileges,  immunities,
powers  and  duties,  and  be subject to the same conditions,
restrictions,  limitations,  penalties  and  definitions   of
terms,  and  employ  the  same  modes  of  procedure,  as are
prescribed in Sections  1a-1,  2,  2a,  3  through  3-50  (in
respect  to  all provisions therein other than the State rate
of tax), 4 (except that the reference to the State  shall  be
to  the taxing county), 5, 7, 8 (except that the jurisdiction
to which the tax shall be a debt to the extent  indicated  in
that  Section  8 shall be the taxing county), 9 (except as to
the disposition of taxes and penalties collected, and  except
that  the returned merchandise credit for this county tax may
not be taken against any State tax), 10, 11, 12  (except  the
reference  therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to  the  State  shall
mean  the  taxing county), the first paragraph of Section 15,
16, 17, 18, 19 and 20 of the Service Occupation Tax  Act  and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
    No  tax  may be imposed by a home rule county pursuant to
this Section unless such county also imposes  a  tax  at  the
same rate pursuant to Section 5-1006.
    Persons  subject  to  any  tax  imposed  pursuant  to the
authority granted in this Section  may  reimburse  themselves
for  their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single  amount,  with  State  tax
which  servicemen are authorized to collect under the Service
Use Tax Act,  pursuant  to  such  bracket  schedules  as  the
Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead  of  issuing
credit  memorandum,  the  Department  shall  notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount   specified,   and   to  the  person  named,  in  such
notification from the Department. Such refund shall  be  paid
by the State Treasurer out of the home rule county retailers'
occupation tax fund.
    The  Department  shall  forthwith  pay  over to the State
Treasurer, ex-officio, as trustee, all  taxes  and  penalties
collected  hereunder.  On  or  before  the  25th  day of each
calendar month, the Department shall prepare and  certify  to
the  Comptroller  the disbursement of stated sums of money to
named counties, the counties to be those from which suppliers
and servicemen have paid taxes or penalties hereunder to  the
Department  during  the second preceding calendar month.  The
amount to be paid to each county shall  be  the  amount  (not
including  credit  memoranda)  collected hereunder during the
second preceding calendar month by the  Department,  and  not
including  an  amount  equal  to  the  amount of refunds made
during the second preceding calendar month by the  Department
on  behalf  of such county.  Within 10 days after receipt, by
the Comptroller, of the  disbursement  certification  to  the
counties  provided  for  in  this  Section to be given to the
Comptroller by the Department, the  Comptroller  shall  cause
the  orders  to  be  drawn  for  the  respective  amounts  in
accordance    with   the   directions   contained   in   such
certification.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in each year  to  each
county  which  received  more  than $500,000 in disbursements
under the preceding paragraph in the preceding calendar year.
The allocation shall be in an amount  equal  to  the  average
monthly  distribution  made  to  each  such  county under the
preceding  paragraph  during  the  preceding  calendar   year
(excluding   the   2   months   of  highest  receipts).   The
distribution made in March of each  year  subsequent  to  the
year  in  which  an  allocation  was  made  pursuant  to this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this  paragraph  in  the
preceding  calendar  year.   The Department shall prepare and
certify to the Comptroller for disbursement  the  allocations
made in accordance with this paragraph.
    Nothing in this Section shall be construed to authorize a
county  to impose a tax upon the privilege of engaging in any
business which under the Constitution of  the  United  States
may not be made the subject of taxation by this State.
    An  ordinance  or  resolution imposing or discontinuing a
tax hereunder or effecting a change in the rate thereof shall
be adopted and  a  certified  copy  thereof  filed  with  the
Department  on or before the first day of June, whereupon the
Department shall  proceed  to  administer  and  enforce  this
Section  as of the first day of September next following such
adoption and filing. Beginning January 1, 1992, an  ordinance
or  resolution imposing or discontinuing the tax hereunder or
effecting a change in the rate thereof shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption  and  filing.  Beginning
January  1,  1993,  an  ordinance  or  resolution imposing or
discontinuing the tax hereunder or effecting a change in  the
rate  thereof  shall  be adopted and a certified copy thereof
filed with the Department on  or  before  the  first  day  of
October, whereupon the Department shall proceed to administer
and  enforce this Section as of the first day of January next
following such adoption and filing.  Beginning April 1, 1998,
an ordinance or resolution imposing or discontinuing the  tax
hereunder  or  effecting  a  change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department shall proceed to administer and  enforce  this
Section  as  of  the  first  day  of  July next following the
adoption and filing; or (ii) be adopted and a certified  copy
thereof  filed with the Department on or before the first day
of  October,  whereupon  the  Department  shall  proceed   to
administer  and  enforce  this Section as of the first day of
January next following the adoption and filing.
    This Section shall be known and may be cited as the  Home
Rule County Service Occupation Tax Law.
(Source: P.A. 90-689, eff. 7-31-98.)

    (55 ILCS 5/5-1008) (from Ch. 34, par. 5-1008)
    Sec.  5-1008.  Home  Rule  County  Use Tax. The corporate
authorities of a home rule county may impose a tax  upon  the
privilege  of  using,  in  such  county, any item of tangible
personal  property  which  is  purchased  at  retail  from  a
retailer, and which is titled or registered  to  a  purchaser
residing within the corporate limits of such home rule county
with an agency of this State's government, at a rate which is
an  increment  of 1/4% and based on the selling price of such
tangible personal property, as "selling price" is defined  in
the  "Use  Tax Act", approved July 14, 1955, as amended. Such
tax shall be collected from persons  whose  Illinois  address
for  titling  or  registration  purposes is given as being in
such county. Such  tax  shall  be  collected  by  the  county
imposing such tax.
    This Section shall be known and may be cited as the "Home
Rule County Use Tax Law".
(Source: P.A. 86-962.)

    (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009)
    Sec.  5-1009.  Limitation  on home rule powers. Except as
provided in Sections 5-1006, 5-1006.5, 5-1007 and 5-1008,  on
and  after  September  1,  1990,  no home rule county has the
authority to impose, pursuant to its home rule  authority,  a
retailer's  occupation  tax, service occupation tax, use tax,
sales tax or other tax  on  the  use,  sale  or  purchase  of
tangible  personal  property based on the gross receipts from
such sales or the selling or purchase price of said  tangible
personal   property.  Notwithstanding   the  foregoing,  this
Section does not preempt any home rule imposed  tax  such  as
the  following:  (1)  a  tax  on alcoholic beverages, whether
based  on  gross  receipts,  volume   sold   or   any   other
measurement;  (2)  a  tax  based  on  the  number of units of
cigarettes or tobacco products; (3) a tax, however  measured,
based  on  the  use  of  a  hotel  or  motel  room or similar
facility; (4)  a  tax,  however  measured,  on  the  sale  or
transfer  of  real  property; (5) a tax, however measured, on
lease receipts; (6) a tax  on  food  prepared  for  immediate
consumption  and  on  alcoholic  beverages sold by a business
which provides for on premise consumption  of  said  food  or
alcoholic  beverages;  or  (7)  other  taxes not based on the
selling or purchase price or gross  receipts  from  the  use,
sale  or purchase of tangible personal property. This Section
is a limitation, pursuant to subsection (g) of Section  6  of
Article  VII  of  the  Illinois Constitution, on the power of
home rule units to tax.
(Source: P.A. 89-107, eff. 1-1-96.)

    (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
    Sec. 5-1024. Taxes.  A  county  board  may  cause  to  be
levied   and   collected   annually,  except  as  hereinafter
provided, taxes for county purposes, including  all  purposes
for  which  money may be raised by the county by taxation, in
counties having  80,000  or  more  but  less  than  3,000,000
inhabitants  at  a  rate  not exceeding .25%, of the value as
equalized or  assessed  by  the  Department  of  Revenue;  in
counties   with   less  than  80,000  but  more  than  15,000
inhabitants at a rate not exceeding .27%,  of  the  value  as
equalized  or  assessed  by  the  Department  of  Revenue; in
counties  with  less  than  80,000  inhabitants  which   have
authorized  a  tax  by  referendum  under  Section 7-2 of the
Juvenile Court Act  prior  to  the  effective  date  of  this
amendatory  Act of 1985, at a rate not exceeding .32%, of the
value as equalized or assessed by the Department of  Revenue;
and  in  counties  with 15,000 or fewer inhabitants at a rate
not exceeding .37%, of the value as equalized or assessed  by
the  Department  of Revenue; and in counties having 3,000,000
or more inhabitants for each even numbered year,  subject  to
the  abatement  requirements  hereinafter provided, at a rate
not exceeding .39% of the value, as equalized or assessed  by
the  Department  of  Revenue, and for each odd numbered year,
subject to the abatement requirements  hereinafter  provided,
at  a  rate  not  exceeding .35% of the value as equalized or
assessed by the Department of Revenue, except taxes  for  the
payment  of  interest on and principal of bonded indebtedness
heretofore duly authorized for the construction of State  aid
roads  in  the county as defined in "An Act to revise the law
in relation to roads and bridges", approved June 27, 1913, or
for the construction of county highways  as  defined  in  the
Illinois  Highway  Code,  and except taxes for the payment of
interest  on  and  principal  of  bonded  indebtedness   duly
authorized  without  a  vote of the people of the county, and
except taxes authorized as additional by a vote of the people
of the  county,  and  except  taxes  for  working  cash  fund
purposes,  and  except taxes as authorized by Sections 5-601,
5-602, 5-603, 5-604 and 6-512 of the Illinois  Highway  Code,
and  except  taxes  authorized under Section 7 of the Village
Library Act, and except taxes levied to pay the  annual  rent
payments  due under a lease entered into by the county with a
Public Building Commission as authorized by Section 18 of the
Public Building Commission Act, and except taxes levied under
Division 6-3, and except taxes levied for general  assistance
for  needy  persons  in  counties  under  commission  form of
government and except taxes levied under the County Care  for
Persons with Developmental Disabilities Act, and except taxes
levied  under  the  Community  Mental  Health Act, and except
taxes levied under Section 5-1025  to  pay  the  expenses  of
elections  and  except  taxes levied under "An Act to provide
the manner of levying or imposing taxes for the provision  of
special  services to areas within the boundaries of home rule
units  and  non-home  rule  municipalities   and   counties",
approved  September  21,  1973, and except taxes levied under
Section 3a of the Revenue Act of 1939  for  the  purposes  of
helping to pay for the expenses of the assessor's office, and
except  taxes  levied  under  Division 5-21, and except taxes
levied pursuant to Section  19  of  "The  Illinois  Emergency
Services  and  Disaster  Agency  Act  of  1975",  as  now  or
hereafter  amended,  and  except  taxes  levied  pursuant  to
Division 5-23, and except taxes levied under Section 5 of the
County  Shelter Care and Detention Home Act, and except taxes
levied under the Children's Advocacy Center Act,  and  except
taxes  levied  under  Section 9-107 of the Local Governmental
and Governmental Employees Tort Immunity Act.
    Those taxes a county has levied  and  excepted  from  the
rate  limitation  imposed by this Section or Section 25.05 of
"An Act to revise the law in relation to counties",  approved
March  31,  1874,  in reliance on this amendatory Act of 1994
are not invalid because of any provision of this Section that
may be construed to or may have been construed to restrict or
limit  those  taxes  levied  and  those  taxes   are   hereby
validated.  This  validation  of  taxes levied applies to all
cases  pending  on  or  after  the  effective  date  of  this
amendatory Act of 1994.
    Nothing contained in this amendatory Act of 1994 shall be
construed to affect  the  application  of  the  Property  Tax
Extension Limitation Law.
    Any  tax  levied for general assistance for needy persons
in any county in addition to and in  excess  of  the  maximum
levy  permitted  by  this Section for general county purposes
shall be paid into a special fund in the county treasury  and
used only for the purposes for which it is levied except that
any  excess  in  such fund over the amount needed for general
assistance may be used for County Nursing Home  purposes  and
shall  not exceed .10% of the value, as equalized or assessed
by the Department of Revenue. Any taxes  levied  for  general
assistance  pursuant to this Section may also be used for the
payment of warrants  issued against and  in  anticipation  of
such  taxes and accrued interest thereon and may also be used
for the  payment  of  costs  of  administering  such  general
assistance.
    In  counties  having 3,000,000 or more inhabitants, taxes
levied for any year  for  any  purpose  or  purposes,  except
amounts  levied  for  the  payment  of bonded indebtedness or
interest thereon and for pension  fund  purpose,  and  except
taxes  levied  to  pay  the  annual rent payments due under a
lease entered into by  the  county  with  a  Public  Building
Commission as authorized by Section 18 of the Public Building
Commission Act, are subject to the limitation that they shall
not exceed the estimated amount of taxes to be levied for the
year  for the purpose or purposes as determined in accordance
with  Section  6-24001  and   set   forth   in   the   annual
appropriation bill of the county and in ascertaining the rate
per  cent  that  will produce the amount of any tax levied in
any county, the county clerk shall not add to the tax or rate
any sum or amount to cover the loss and  cost  of  collecting
the tax, except in the case of amounts levied for the payment
of  bonded  indebtedness or interest thereon, and in the case
of amounts levied for pension fund purposes, and except taxes
levied to pay the annual rent  payments  due  under  a  lease
entered  into by the county with a Public Building Commission
as authorized by Section 18 of the Public Building Commission
Act.
    In counties having a  population  of  3,000,000  or  more
inhabitants,  the  county  clerk  shall in each even numbered
year, before extending the county tax for  the  year,  reduce
the  levy  for  county  purposes  for  the year (exclusive of
levies for payment of indebtedness and payment of interest on
and  principal  of  bonded  indebtedness  as  aforesaid,  and
exclusive of county highway taxes as aforesaid, and exclusive
of pension fund taxes, and except taxes  levied  to  pay  the
annual  rent  payments  due under a lease entered into by the
county with a Public Building  Commission  as  authorized  by
Section  18  of  the  Public  Building Commission Act) in the
manner described  and  in  an  amount  to  be  determined  as
follows:  If  the  amount received from the collection of the
tax levied in the  last  preceding  even  numbered  year  for
county   purposes  as  aforesaid,  as  shown  by  the  county
treasurer's final settlement  for  the  last  preceding  even
numbered  year  and also by subsequent receipts of delinquent
taxes for the  county  purposes  fund  levied  for  the  last
preceding  even  numbered  year, equals or exceeds the amount
produced by multiplying the  rate  extended  for  the  county
purposes  for  the  last  preceding even numbered year by the
total assessed valuation of all property in the  county  used
in  the  year  for purposes of state and county taxes, and by
deducting therefrom the amount appropriated to cover the loss
and cost of collecting taxes to  be  levied  for  the  county
purposes  fund for the last preceding even numbered year, the
clerk in determining the rate per cent to be extended for the
county purposes fund shall deduct from the amount of the levy
certified to him for county purposes as  aforesaid  for  even
numbered  years  the  amount  received by the county clerk or
withheld  by  the  county  treasurer  from  other   municipal
corporations  within  the  county  as their pro rata share of
election expenses for the last preceding even numbered  year,
as authorized in Sections 13-11, 13-12, 13-13 and 16-2 of the
Election  Code,  and the clerk in these counties shall extend
only the net amount remaining after such deductions.
    The foregoing limitations upon tax rates, insofar as they
are  applicable  to  counties  having  less  than   3,000,000
inhabitants,   may   be  increased  or  decreased  under  the
referendum provisions of the General Revenue Law of  Illinois
and  there  shall  be  no limit on the rate of tax for county
purposes that may be levied  by  a  county  so  long  as  any
increase  in  the  rate  is  authorized by referendum in that
county.
    Any county having a population  of  less  than  3,000,000
inhabitants  that  has  determined  to change its fiscal year
may, as a means of effectuating a change, instead of  levying
taxes  for a one-year period, levy taxes for a period greater
or less than a year as may be necessary.
    In counties having less than  3,000,000  inhabitants,  in
ascertaining  the  rate per cent that will produce the amount
of any tax levied in that county, the County Clerk shall  not
add  to  the  tax or rate any sum or amount to cover the loss
and cost of collecting the tax except in the case of  amounts
levied  for  the  payment  of bonded indebtedness or interest
thereon and in the case of amounts levied  for  pension  fund
purposes  and  except  taxes  levied  to  pay the annual rent
payments due under a lease entered into by the county with  a
Public Building Commission as authorized by Section 18 of the
Public Building Commission Act.
    A county shall not have its maximum tax rate reduced as a
result of a population increase indicated by the 1980 federal
census.
(Source: P.A. 88-545; 89-585, eff. 1-1-97.)

    (Ch.  34,  rep. pars. 406a, 409.1, 409.1a, 409.2, 409.2a,
409.10, 409.10a and 409.10.1)
    Section  145.   Sections   25.05a,   25.05-2,   25.05-2a,
25.05-3,  25.05-3a, 25.05-10, 25.05-10a and 25.05-10.1 of "An
Act to revise the law  in  relation  to  counties",  approved
March 31, 1874, as amended, are re-repealed.

    Section  150.   The Illinois Municipal Code is amended by
re-enacting Sections 8-11-1,  8-11-1.1,  8-11-1.2,  8-11-1.3,
8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a as
follows:

    (65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)
    Sec.  8-11-1.  Home  Rule Municipal Retailers' Occupation
Tax  Act.   The  corporate  authorities  of   a   home   rule
municipality may impose a tax upon all persons engaged in the
business of selling tangible personal property, other than an
item  of tangible personal property titled or registered with
an agency of  this  State's  government,  at  retail  in  the
municipality  on  the gross receipts from these sales made in
the course of such business.  If imposed, the tax shall  only
be  imposed  in  1/4%  increments.  On and after September 1,
1991, this additional tax may not be imposed on the sales  of
food  for  human  consumption  that is to be consumed off the
premises where it is sold (other  than  alcoholic  beverages,
soft  drinks  and  food  that has been prepared for immediate
consumption) and prescription and nonprescription  medicines,
drugs,   medical   appliances   and  insulin,  urine  testing
materials, syringes and needles used by  diabetics.  The  tax
imposed  by  a  home rule municipality under this Section and
all civil penalties that may be assessed as  an  incident  of
the  tax  shall  be  collected  and  enforced  by  the  State
Department  of Revenue.  The certificate of registration that
is  issued  by  the  Department  to  a  retailer  under   the
Retailers'  Occupation  Tax  Act shall permit the retailer to
engage in a business that is taxable under any  ordinance  or
resolution   enacted   pursuant   to   this  Section  without
registering  separately  with  the  Department   under   such
ordinance   or   resolution   or  under  this  Section.   The
Department shall have full power to  administer  and  enforce
this   Section;  to  collect  all  taxes  and  penalties  due
hereunder; to dispose of taxes and penalties so collected  in
the  manner hereinafter provided; and to determine all rights
to credit memoranda  arising  on  account  of  the  erroneous
payment  of  tax or penalty hereunder.  In the administration
of, and compliance with,  this  Section  the  Department  and
persons  who  are subject to this Section shall have the same
rights, remedies, privileges, immunities, powers and  duties,
and   be   subject  to  the  same  conditions,  restrictions,
limitations, penalties and definitions of terms,  and  employ
the same modes of procedure, as are prescribed in Sections 1,
1a,  1d,  1e,  1f,  1i,  1j,  1k,  1m, 1n, 2 through 2-65 (in
respect to all provisions therein other than the  State  rate
of  tax),  2c,  3  (except as to the disposition of taxes and
penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,  5g,  5h,
5i,  5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of
the Retailers' Occupation Tax Act  and  Section  3-7  of  the
Uniform  Penalty  and  Interest  Act,  as  fully  as if those
provisions were set forth herein.
    No tax may be imposed by a home rule  municipality  under
this  Section  unless  the municipality also imposes a tax at
the same rate under Section 8-11-5 of this Act.
    Persons subject to any tax imposed  under  the  authority
granted  in  this  Section may reimburse themselves for their
seller's tax liability hereunder by separately  stating  that
tax  as  an  additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax  Act,  pursuant  to
such bracket schedules as the Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead of issuing a
credit memorandum, the  Department  shall  notify  the  State
Comptroller,  who  shall  cause the order to be drawn for the
amount specified and to the person named in the  notification
from  the  Department.  The refund shall be paid by the State
Treasurer  out  of  the  home   rule   municipal   retailers'
occupation tax fund.
    The  Department  shall  immediately pay over to the State
Treasurer, ex officio, as trustee, all  taxes  and  penalties
collected  hereunder.   On  or  before  the  25th day of each
calendar month, the Department shall prepare and  certify  to
the  Comptroller  the disbursement of stated sums of money to
named municipalities, the municipalities  to  be  those  from
which retailers have paid taxes or penalties hereunder to the
Department  during  the  second preceding calendar month. The
amount to be paid to each municipality shall  be  the  amount
(not  including  credit memoranda) collected hereunder during
the second preceding calendar month by the Department plus an
amount the Department determines is necessary to  offset  any
amounts  that  were  erroneously  paid  to a different taxing
body, and not including an amount  equal  to  the  amount  of
refunds  made  during  the second preceding calendar month by
the Department  on  behalf  of  such  municipality,  and  not
including  any  amount  that  the  Department  determines  is
necessary  to  offset  any  amounts  that  were  payable to a
different taxing  body  but  were  erroneously  paid  to  the
municipality. Within 10 days after receipt by the Comptroller
of  the  disbursement  certification  to  the  municipalities
provided  for  in this Section to be given to the Comptroller
by the Department, the Comptroller shall cause the orders  to
be  drawn  for  the respective amounts in accordance with the
directions contained in the certification.
    In addition to the disbursement required by the preceding
paragraph  and  in  order  to  mitigate  delays   caused   by
distribution  procedures,  an allocation shall, if requested,
be made within  10  days  after  January  14,  1991,  and  in
November   of   1991   and  each  year  thereafter,  to  each
municipality that received  more  than  $500,000  during  the
preceding  fiscal  year,  (July  1  through  June 30) whether
collected by the municipality or disbursed by the  Department
as required by this Section. Within 10 days after January 14,
1991,   participating   municipalities   shall   notify   the
Department  in  writing  of  their intent to participate.  In
addition,  for  the   initial   distribution,   participating
municipalities  shall  certify  to the Department the amounts
collected by the municipality for each month under  its  home
rule  occupation and service occupation tax during the period
July 1, 1989 through June 30, 1990.  The allocation within 10
days after January 14, 1991, shall be in an amount  equal  to
the  monthly average of these amounts, excluding the 2 months
of highest receipts. The monthly average for  the  period  of
July  1,  1990  through  June  30, 1991 will be determined as
follows:  the amounts collected by the municipality under its
home rule occupation and service occupation  tax  during  the
period  of  July  1,  1990  through  September 30, 1990, plus
amounts  collected  by  the  Department  and  paid  to   such
municipality through June 30, 1991, excluding the 2 months of
highest  receipts.   The  monthly average for each subsequent
period of July 1 through June 30 shall be an amount equal  to
the monthly distribution made to each such municipality under
the  preceding  paragraph during this period, excluding the 2
months  of  highest  receipts.   The  distribution  made   in
November  1991  and each year thereafter under this paragraph
and the preceding paragraph shall be reduced  by  the  amount
allocated and disbursed under this paragraph in the preceding
period  of  July  1  through  June  30.  The Department shall
prepare and certify to the Comptroller for  disbursement  the
allocations made in accordance with this paragraph.
    For  the  purpose  of  determining the local governmental
unit whose tax is applicable, a retail sale by a producer  of
coal  or  other mineral mined in Illinois is a sale at retail
at the place  where  the  coal  or  other  mineral  mined  in
Illinois  is  extracted  from the earth.  This paragraph does
not apply to coal or other mineral when it  is  delivered  or
shipped  by  the  seller  to the purchaser at a point outside
Illinois so that the sale is exempt under the  United  States
Constitution as a sale in interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
municipality  to  impose a tax upon the privilege of engaging
in any business which under the Constitution  of  the  United
States may not be made the subject of taxation by this State.
    An  ordinance  or  resolution imposing or discontinuing a
tax hereunder or effecting a change in the rate thereof shall
be adopted and  a  certified  copy  thereof  filed  with  the
Department  on or before the first day of June, whereupon the
Department shall  proceed  to  administer  and  enforce  this
Section  as  of the first day of September next following the
adoption and filing. Beginning January 1, 1992, an  ordinance
or  resolution imposing or discontinuing the tax hereunder or
effecting a change in the rate thereof shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption  and  filing.  Beginning
January  1,  1993,  an  ordinance  or  resolution imposing or
discontinuing the tax hereunder or effecting a change in  the
rate  thereof  shall  be adopted and a certified copy thereof
filed with the Department on  or  before  the  first  day  of
October, whereupon the Department shall proceed to administer
and  enforce this Section as of the first day of January next
following the adoption and filing.  However,  a  municipality
located  in a county with a population in excess of 3,000,000
that elected to become  a  home  rule  unit  at  the  general
primary election in 1994 may adopt an ordinance or resolution
imposing the tax under this Section and file a certified copy
of  the  ordinance  or  resolution  with the Department on or
before July 1, 1994. The Department  shall  then  proceed  to
administer  and  enforce  this Section as of October 1, 1994.
Beginning April 1, 1998, an ordinance or resolution  imposing
or  discontinuing  the tax hereunder or effecting a change in
the rate thereof shall either (i) be adopted and a  certified
copy thereof filed with the Department on or before the first
day  of  April,  whereupon  the  Department  shall proceed to
administer and enforce this Section as of the  first  day  of
July  next  following  the  adoption  and  filing; or (ii) be
adopted  and  a  certified  copy  thereof  filed   with   the
Department  on  or before the first day of October, whereupon
the Department shall proceed to administer and  enforce  this
Section  as  of  the  first day of January next following the
adoption and filing.
    When certifying the amount of a monthly disbursement to a
municipality  under  this  Section,  the   Department   shall
increase  or  decrease  the  amount by an amount necessary to
offset  any  misallocation  of  previous  disbursements.  The
offset amount  shall  be  the  amount  erroneously  disbursed
within the previous 6 months from the time a misallocation is
discovered.
    Any   unobligated  balance  remaining  in  the  Municipal
Retailers' Occupation Tax Fund on December  31,  1989,  which
fund was abolished by Public Act 85-1135, and all receipts of
municipal  tax  as  a  result  of audits of liability periods
prior to January 1,  1990,  shall  be  paid  into  the  Local
Government  Tax  Fund  for  distribution  as provided by this
Section prior to the enactment of  Public  Act  85-1135.  All
receipts  of  municipal  tax as a result of an assessment not
arising from an audit, for liability periods prior to January
1, 1990, shall be paid into the Local Government Tax Fund for
distribution before July 1, 1990, as provided by this Section
prior to the enactment of Public  Act  85-1135;  and  on  and
after July 1, 1990, all such receipts shall be distributed as
provided in Section 6z-18 of the State Finance Act.
    As  used  in this Section, "municipal" and "municipality"
means a city, village  or  incorporated  town,  including  an
incorporated town that has superseded a civil township.
    This  Section shall be known and may be cited as the Home
Rule Municipal Retailers' Occupation Tax Act.
(Source: P.A. 90-689, eff. 7-31-98.)
    (65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1)
    Sec.  8-11-1.1.   (a)  The  corporate  authorities  of  a
non-home rule municipality with  a  population  greater  than
130,000  but  less  than  2,000,000 may, upon approval of the
electors of the municipality pursuant to  subsection  (b)  of
this Section, impose by ordinance or resolution the 1/2 of 1%
tax authorized in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of
this Act.
    (b)  The corporate authorities of the municipality may by
ordinance  or  resolution  call  for  the  submission  to the
electors of the municipality  the  question  of  whether  the
municipality  shall  impose such tax.  Such question shall be
certified by the municipal clerk to the election authority in
accordance with Section 28-5 of the Election Code  and  shall
be  in a form in accordance with Section 16-7 of the Election
Code.
    If a majority of the electors in the municipality  voting
upon  the question vote in the affirmative, such tax shall be
imposed.
    An ordinance or resolution imposing the  1/2  of  1%  tax
hereunder  or  discontinuing  the same shall be adopted and a
certified copy thereof, together with  a  certification  that
the  ordinance  or resolution received referendum approval in
the case of the  imposition  of  such  tax,  filed  with  the
Department  of  Revenue,  on or before the first day of June,
whereupon the Department  shall  proceed  to  administer  and
enforce  the additional tax or to discontinue the tax, as the
case may be, as of the first day of September next  following
such  adoption  and  filing.  Beginning  January  1, 1992, an
ordinance or resolution imposing  or  discontinuing  the  tax
hereunder shall be adopted and a certified copy thereof filed
with  the  Department  on  or  before  the first day of July,
whereupon the Department  shall  proceed  to  administer  and
enforce  this  Section  as  of  the first day of October next
following such adoption  and  filing.  Beginning  January  1,
1993,  an  ordinance  or resolution imposing or discontinuing
the tax hereunder shall  be  adopted  and  a  certified  copy
thereof  filed with the Department on or before the first day
of  October,  whereupon  the  Department  shall  proceed   to
administer  and  enforce  this Section as of the first day of
January next following such adoption and filing.
(Source: P.A. 86-928; 87-205.)

    (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
    Sec.  8-11-1.2.   Definition.   As   used   in   Sections
8-11-1.3,   8-11-1.4   and  8-11-1.5  of  this  Act,  "public
infrastructure" means municipal  roads  and  streets,  access
roads,  bridges,  and  sidewalks; waste disposal systems; and
water and  sewer  line  extensions,  water  distribution  and
purification  facilities,  storm water drainage and retention
facilities, and sewage treatment facilities.
(Source: P.A. 86-928.)

    (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
    Sec. 8-11-1.3.  The corporate authorities of  a  non-home
rule  municipality  with  more  than  130,000  but  less than
2,000,000 inhabitants may  impose  a  tax  upon  all  persons
engaged   in   the  business  of  selling  tangible  personal
property, other than on an item of tangible personal property
which is titled and registered by an agency of  this  State's
Government,  at retail in the municipality at the rate of 1/2
of 1% for expenditure on public infrastructure as defined  in
Section  8-11-1.2  if  approved  by referendum as provided in
Section 8-11-1.1, of the gross receipts from such sales  made
in  the  course  of  such  business.   The  tax  imposed by a
municipality pursuant to this Section and all civil penalties
that  may  be  assessed  as  an  incident  thereof  shall  be
collected and enforced by the State  Department  of  Revenue.
The  certificate  of  registration  which  is  issued  by the
Department to a retailer under the Retailers' Occupation  Tax
Act  shall permit such retailer to engage in a business which
is taxable under any ordinance or resolution enacted pursuant
to this  Section  without  registering  separately  with  the
Department  under  such ordinance or resolution or under this
Section.  The Department shall have full power to  administer
and  enforce this Section; to collect all taxes and penalties
due hereunder; to dispose of taxes and penalties so collected
in the manner hereinafter  provided,  and  to  determine  all
rights  to  credit  memoranda,  arising  on  account  of  the
erroneous  payment  of  tax  or  penalty  hereunder.   In the
administration of, and compliance  with,  this  Section,  the
Department  and persons who are subject to this Section shall
have  the  same  rights,  remedies,  privileges,  immunities,
powers and duties, and be subject  to  the  same  conditions,
restrictions,   limitations,  penalties  and  definitions  of
terms, and  employ  the  same  modes  of  procedure,  as  are
prescribed  in  Sections  1,  1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c, 3 (except as to  the  disposition
of  taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9,  10,  11,
12  and  13  of the Retailers' Occupation Tax Act and Section
3-7 of the Uniform Penalty and Interest Act as  fully  as  if
those provisions were set forth herein.
    Persons  subject  to  any  tax  imposed  pursuant  to the
authority granted in this Section  may  reimburse  themselves
for  their  seller's  tax  liability  hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single  amount,  with  State  tax
which  sellers are required to collect under the Use Tax Act,
pursuant to such bracket  schedules  as  the  Department  may
prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead of issuing a
credit memorandum, the  Department  shall  notify  the  State
Comptroller,  who  shall  cause the order to be drawn for the
amount  specified,  and  to  the  person   named,   in   such
notification  from the Department.  Such refund shall be paid
by the State Treasurer out of  the  non-home  rule  municipal
retailers' occupation tax fund.
    The  Department  shall  forthwith  pay  over to the State
Treasurer, ex officio, as trustee, all  taxes  and  penalties
collected  hereunder.   On  or  before  the  25th day of each
calendar month, the Department shall prepare and  certify  to
the  Comptroller  the disbursement of stated sums of money to
named municipalities, the municipalities  to  be  those  from
which retailers have paid taxes or penalties hereunder to the
Department  during  the  second preceding calendar month. The
amount to be paid to each municipality shall  be  the  amount
(not  including  credit memoranda) collected hereunder during
the second preceding calendar month by the Department plus an
amount the Department determines is necessary to  offset  any
amounts  which  were  erroneously  paid to a different taxing
body,  and not including an amount equal  to  the  amount  of
refunds  made  during  the second preceding calendar month by
the Department  on  behalf  of  such  municipality,  and  not
including  any  amount  which  the  Department  determines is
necessary to offset any  amounts  which  were  payable  to  a
different  taxing  body  but  were  erroneously  paid  to the
municipality.  Within  10  days   after   receipt,   by   the
Comptroller,   of   the  disbursement  certification  to  the
municipalities, provided for in this Section to be  given  to
the  Comptroller  by  the  Department,  the Comptroller shall
cause the orders to be drawn for the  respective  amounts  in
accordance    with   the   directions   contained   in   such
certification.
    For the purpose of  determining  the  local  governmental
unit whose tax is applicable, a retail sale, by a producer of
coal  or other mineral mined in Illinois, is a sale at retail
at the place  where  the  coal  or  other  mineral  mined  in
Illinois  is  extracted  from the earth.  This paragraph does
not apply to coal or other mineral when it  is  delivered  or
shipped  by  the  seller  to the purchaser at a point outside
Illinois so  that  the  sale  is  exempt  under  the  Federal
Constitution as a sale in interstate or foreign commerce.
    Nothing in this Section shall be construed to authorize a
municipality  to  impose a tax upon the privilege of engaging
in any business which under the constitution  of  the  United
States may not be made the subject of taxation by this State.
    When certifying the amount of a monthly disbursement to a
municipality   under   this  Section,  the  Department  shall
increase or decrease such amount by an  amount  necessary  to
offset  any  misallocation  of  previous  disbursements.  The
offset  amount  shall  be  the  amount  erroneously disbursed
within the previous 6 months from the time a misallocation is
discovered.
    As used in this Section, "municipal"  and  "municipality"
means  a  city,  village  or  incorporated town, including an
incorporated town which has superseded a civil township.
    This Section shall be known  and  may  be  cited  as  the
"Non-Home Rule Municipal Retailers' Occupation Tax Act".
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)

    (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
    Sec.  8-11-1.4.  The  corporate authorities of a non-home
rule municipality with a population of more than 130,000  but
less  than  2,000,000  may  impose  a  tax  upon  all persons
engaged, in such municipality,  in  the  business  of  making
sales  of service at the rate of 1/2 of 1% for expenditure on
public infrastructure  as  defined  in  Section  8-11-1.2  if
approved  by  referendum  as provided in Section 8-11-1.1, of
the  selling  price  of  all   tangible   personal   property
transferred by such servicemen either in the form of tangible
personal  property  or  in  the  form  of  real  estate as an
incident  to  a  sale  of  service.  The  tax  imposed  by  a
municipality pursuant to this Section and all civil penalties
that  may  be  assessed  as  an  incident  thereof  shall  be
collected and enforced by the State  Department  of  Revenue.
The  certificate  of  registration  which  is  issued  by the
Department to a retailer under the Retailers' Occupation  Tax
Act or under the Service Occupation Tax Act shall permit such
registrant to engage in a business which is taxable under any
ordinance  or  resolution  enacted  pursuant  to this Section
without registering separately with the Department under such
ordinance or resolution or under this Section. The Department
shall have full power to administer and enforce this Section;
to collect all taxes and penalties due hereunder; to  dispose
of taxes and penalties so collected in the manner hereinafter
provided,  and  to  determine  all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
hereunder. In the administration  of,  and  compliance  with,
this  Section  the  Department and persons who are subject to
this  Section  shall  have   the   same   rights,   remedies,
privileges,  immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
respect to all provisions therein other than the  State  rate
of  tax),  4 (except that the reference to the State shall be
to the  taxing  municipality),  5,  7,  8  (except  that  the
jurisdiction  to  which the tax shall be a debt to the extent
indicated  in  that   Section   8   shall   be   the   taxing
municipality),  9  (except as to the disposition of taxes and
penalties collected, and except that the returned merchandise
credit for this municipal tax may not be  taken  against  any
State  tax),  10,  11,  12  (except  the reference therein to
Section 2b of the Retailers' Occupation Tax Act), 13  (except
that  any  reference  to  the  State  shall  mean  the taxing
municipality), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and  Section  3-7
of the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
    Persons  subject  to  any  tax  imposed  pursuant  to the
authority granted in this Section  may  reimburse  themselves
for  their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single  amount,  with  State  tax
which  servicemen are authorized to collect under the Service
Use Tax Act,  pursuant  to  such  bracket  schedules  as  the
Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead  of  issuing
credit  memorandum,  the  Department  shall  notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount   specified,   and   to  the  person  named,  in  such
notification from the Department. Such refund shall  be  paid
by  the  State  Treasurer  out  of  the  municipal retailers'
occupation tax fund.
    The Department shall forthwith  pay  over  to  the  State
Treasurer,  ex  officio,  as trustee, all taxes and penalties
collected hereunder. On  or  before  the  25th  day  of  each
calendar  month,  the Department shall prepare and certify to
the Comptroller the disbursement of stated sums of  money  to
named  municipalities,  the  municipalities  to be those from
which suppliers and servicemen have paid taxes  or  penalties
hereunder  to  the  Department  during  the  second preceding
calendar month. The amount to be paid  to  each  municipality
shall   be   the  amount  (not  including  credit  memoranda)
collected hereunder  during  the  second  preceding  calendar
month by the Department, and not including an amount equal to
the  amount  of  refunds  made  during  the  second preceding
calendar  month  by  the  Department  on   behalf   of   such
municipality.   Within   10   days   after  receipt,  by  the
Comptroller,  of  the  disbursement  certification   to   the
municipalities  and the General Revenue Fund, provided for in
this  Section  to  be  given  to  the  Comptroller   by   the
Department,  the  Comptroller  shall  cause  the orders to be
drawn for the  respective  amounts  in  accordance  with  the
directions contained in such certification.
    Nothing in this Section shall be construed to authorize a
municipality  to  impose a tax upon the privilege of engaging
in any business which under the constitution  of  the  United
States may not be made the subject of taxation by this State.
    As  used  in  this Section, "municipal" or "municipality"
means or refers to a  city,  village  or  incorporated  town,
including  an  incorporated town which has superseded a civil
township.
    This Section shall be known  and  may  be  cited  as  the
"Non-Home Rule Municipal Service Occupation Tax Act".
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)

    (65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)
    Sec.  8-11-5.  Home Rule Municipal Service Occupation Tax
Act.  The corporate authorities of a home  rule  municipality
may   impose   a  tax  upon  all  persons  engaged,  in  such
municipality, in the business of making sales of  service  at
the  same  rate of tax imposed pursuant to Section 8-11-1, of
the  selling  price  of  all   tangible   personal   property
transferred by such servicemen either in the form of tangible
personal  property  or  in  the  form  of  real  estate as an
incident to a sale of service.  If imposed,  such  tax  shall
only be imposed in 1/4% increments. On and after September 1,
1991,  this additional tax may not be imposed on the sales of
food for human consumption which is to be  consumed  off  the
premises  where  it  is sold (other than alcoholic beverages,
soft drinks and food which has been  prepared  for  immediate
consumption)  and prescription and nonprescription medicines,
drugs,  medical  appliances  and   insulin,   urine   testing
materials,  syringes  and  needles used by diabetics. The tax
imposed by a home rule municipality pursuant to this  Section
and  all  civil penalties that may be assessed as an incident
thereof  shall  be  collected  and  enforced  by  the   State
Department  of Revenue. The certificate of registration which
is  issued  by  the  Department  to  a  retailer  under   the
Retailers' Occupation Tax Act or under the Service Occupation
Tax  Act shall permit such registrant to engage in a business
which is taxable under any ordinance  or  resolution  enacted
pursuant  to this Section without registering separately with
the Department under such ordinance or  resolution  or  under
this  Section.   The  Department  shall  have  full  power to
administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected  in  the  manner  hereinafter  provided,   and   to
determine  all  rights to credit memoranda arising on account
of the erroneous payment of tax or penalty hereunder. In  the
administration  of,  and  compliance  with,  this Section the
Department and persons who are subject to this Section  shall
have  the  same  rights,  remedies,  privileges,  immunities,
powers  and  duties,  and  be subject to the same conditions,
restrictions,  limitations,  penalties  and  definitions   of
terms,  and  employ  the  same  modes  of  procedure,  as are
prescribed in Sections  1a-1,  2,  2a,  3  through  3-50  (in
respect  to  all provisions therein other than the State rate
of tax), 4 (except that the reference to the State  shall  be
to  the  taxing  municipality),  5,  7,  8  (except  that the
jurisdiction to which the tax shall be a debt to  the  extent
indicated   in   that   Section   8   shall   be  the  taxing
municipality), 9 (except as to the disposition of  taxes  and
penalties collected, and except that the returned merchandise
credit  for  this  municipal tax may not be taken against any
State tax), 10, 11,  12  (except  the  reference  therein  to
Section  2b of the Retailers' Occupation Tax Act), 13 (except
that any  reference  to  the  State  shall  mean  the  taxing
municipality),  the  first  paragraph  of  Section 15, 16, 17
(except that credit memoranda issued  hereunder  may  not  be
used  to discharge any State tax liability), 18, 19 and 20 of
the Service Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully  as  if  those  provisions
were set forth herein.
    No  tax  may  be  imposed  by  a  home  rule municipality
pursuant  to  this  Section  unless  such  municipality  also
imposes a tax at the same rate pursuant to Section 8-11-1  of
this Act.
    Persons  subject  to  any  tax  imposed  pursuant  to the
authority granted in this Section  may  reimburse  themselves
for  their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single  amount,  with  State  tax
which  servicemen are authorized to collect under the Service
Use Tax Act,  pursuant  to  such  bracket  schedules  as  the
Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead  of  issuing
credit  memorandum,  the  Department  shall  notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount   specified,   and   to  the  person  named,  in  such
notification from the Department.  Such refund shall be  paid
by  the  State  Treasurer  out  of  the  home  rule municipal
retailers' occupation tax fund.
    The Department shall forthwith  pay  over  to  the  State
Treasurer,  ex-officio,  as  trustee, all taxes and penalties
collected hereunder. On  or  before  the  25th  day  of  each
calendar  month,  the Department shall prepare and certify to
the Comptroller the disbursement of stated sums of  money  to
named  municipalities,  the  municipalities  to be those from
which suppliers and servicemen have paid taxes  or  penalties
hereunder  to  the  Department  during  the  second preceding
calendar month. The amount to be paid  to  each  municipality
shall   be   the  amount  (not  including  credit  memoranda)
collected hereunder  during  the  second  preceding  calendar
month by the Department, and not including an amount equal to
the  amount  of  refunds  made  during  the  second preceding
calendar  month  by  the  Department  on   behalf   of   such
municipality.   Within   10   days   after  receipt,  by  the
Comptroller,  of  the  disbursement  certification   to   the
municipalities,  provided  for in this Section to be given to
the Comptroller by  the  Department,  the  Comptroller  shall
cause  the  orders  to be drawn for the respective amounts in
accordance   with   the   directions   contained   in    such
certification.
    In addition to the disbursement required by the preceding
paragraph   and   in  order  to  mitigate  delays  caused  by
distribution procedures, an allocation shall,  if  requested,
be  made  within  10  days  after  January  14,  1991, and in
November  of  1991  and  each  year   thereafter,   to   each
municipality  that  received  more  than  $500,000 during the
preceding fiscal year,  (July  1  through  June  30)  whether
collected  by the municipality or disbursed by the Department
as required by this Section. Within 10 days after January 14,
1991,   participating   municipalities   shall   notify   the
Department in writing of their  intent  to  participate.   In
addition,   for   the   initial  distribution,  participating
municipalities shall certify to the  Department  the  amounts
collected  by  the municipality for each month under its home
rule occupation and service occupation tax during the  period
July 1, 1989 through June 30, 1990.  The allocation within 10
days  after  January 14, 1991, shall be in an amount equal to
the monthly average of these amounts, excluding the 2  months
of  highest receipts.  Monthly average for the period of July
1, 1990 through June 30, 1991 will be determined as  follows:
the amounts collected by the municipality under its home rule
occupation  and  service  occupation tax during the period of
July  1,  1990  through  September  30,  1990,  plus  amounts
collected by the Department and  paid  to  such  municipality
through  June  30,  1991,  excluding  the 2 months of highest
receipts.  The monthly average for each subsequent period  of
July  1  through  June  30  shall  be  an amount equal to the
monthly distribution made to each such municipality under the
preceding paragraph  during  this  period,  excluding  the  2
months   of  highest  receipts.   The  distribution  made  in
November 1991 and each year thereafter under  this  paragraph
and  the  preceding  paragraph shall be reduced by the amount
allocated and disbursed under this paragraph in the preceding
period of July 1 through  June  30.    The  Department  shall
prepare  and  certify to the Comptroller for disbursement the
allocations made in accordance with this paragraph.
    Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege  of  engaging
in  any  business  which under the constitution of the United
States may not be made the subject of taxation by this State.
    An ordinance or resolution imposing  or  discontinuing  a
tax hereunder or effecting a change in the rate thereof shall
be  adopted  and  a  certified  copy  thereof  filed with the
Department on or before the first day of June, whereupon  the
Department  shall  proceed  to  administer  and  enforce this
Section as of the first day of September next following  such
adoption and filing.  Beginning January 1, 1992, an ordinance
or  resolution imposing or discontinuing the tax hereunder or
effecting a change in the rate thereof shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption  and  filing.  Beginning
January  1,  1993,  an  ordinance  or  resolution imposing or
discontinuing the tax hereunder or effecting a change in  the
rate  thereof  shall  be adopted and a certified copy thereof
filed with the Department on  or  before  the  first  day  of
October, whereupon the Department shall proceed to administer
and  enforce this Section as of the first day of January next
following such adoption and filing. However,  a  municipality
located  in a county with a population in excess of 3,000,000
that elected to become  a  home  rule  unit  at  the  general
primary election in 1994 may adopt an ordinance or resolution
imposing the tax under this Section and file a certified copy
of  the  ordinance  or  resolution  with the Department on or
before July 1, 1994. The Department  shall  then  proceed  to
administer  and  enforce  this Section as of October 1, 1994.
Beginning April 1, 1998, an ordinance or resolution  imposing
or  discontinuing  the tax hereunder or effecting a change in
the rate thereof shall either (i) be adopted and a  certified
copy thereof filed with the Department on or before the first
day  of  April,  whereupon  the  Department  shall proceed to
administer and enforce this Section as of the  first  day  of
July  next  following  the  adoption  and  filing; or (ii) be
adopted  and  a  certified  copy  thereof  filed   with   the
Department  on  or before the first day of October, whereupon
the Department shall proceed to administer and  enforce  this
Section  as  of  the  first day of January next following the
adoption and filing.
    Any  unobligated  balance  remaining  in  the   Municipal
Retailers'  Occupation  Tax  Fund on December 31, 1989, which
fund was abolished by Public Act 85-1135, and all receipts of
municipal tax as a result  of  audits  of  liability  periods
prior  to  January  1,  1990,  shall  be  paid into the Local
Government Tax Fund, for distribution  as  provided  by  this
Section  prior  to  the  enactment of Public Act 85-1135. All
receipts of municipal tax as a result of  an  assessment  not
arising from an audit, for liability periods prior to January
1, 1990, shall be paid into the Local Government Tax Fund for
distribution before July 1, 1990, as provided by this Section
prior  to  the  enactment  of  Public Act 85-1135, and on and
after July 1, 1990, all such receipts shall be distributed as
provided in Section 6z-18 of the State Finance Act.
    As used in this Section, "municipal"  and  "municipality"
means  a  city,  village  or  incorporated town, including an
incorporated town which has superseded a civil township.
    This Section shall be known and may be cited as the  Home
Rule Municipal Service Occupation Tax Act.
(Source: P.A. 90-689, eff. 7-31-98.)

    (65 ILCS 5/8-11-6) (from Ch. 24, par. 8-11-6)
    Sec. 8-11-6.  Home Rule Municipal Use Tax Act.
    (a)  The   corporate   authorities   of   a   home   rule
municipality may impose a tax upon the privilege of using, in
such  municipality,  any  item  of tangible personal property
which is purchased at retail from a retailer,  and  which  is
titled  or  registered  at  a  location  within the corporate
limits of such home rule municipality with an agency of  this
State's  government,  at a rate which is an increment of 1/4%
and based on the selling  price  of  such  tangible  personal
property,  as  "selling price" is defined in the Use Tax Act.
In  home  rule  municipalities  with  less   than   2,000,000
inhabitants,  the  tax shall be collected by the municipality
imposing the tax from  persons  whose  Illinois  address  for
titling  or  registration  purposes is given as being in such
municipality.
    (b)  In home rule municipalities with 2,000,000  or  more
inhabitants,  the  corporate  authorities of the municipality
may additionally impose a tax beginning July 1, 1991 upon the
privilege of using in the municipality, any item of  tangible
personal  property,  other  than  tangible  personal property
titled  or  registered  with  an  agency   of   the   State's
government,  that  is  purchased  at  retail  from a retailer
located outside the corporate limits of the municipality,  at
a  rate  that  is  an  increment of 1/4% not to exceed 1% and
based on the selling price of the tangible personal property,
as "selling price" is defined in the Use Tax Act.   Such  tax
shall  be  collected  from  the purchaser by the municipality
imposing such tax.
    To prevent multiple home rule taxation, the use in a home
rule municipality  of  tangible  personal  property  that  is
acquired  outside  the  municipality and caused to be brought
into the municipality by a person who has already paid a home
rule municipal tax in another municipality in respect to  the
sale,  purchase,  or use of that property, shall be exempt to
the extent of the amount of the tax properly due and paid  in
the other home rule municipality.
    (c)  If   a   municipality   having   2,000,000  or  more
inhabitants imposes the tax  authorized  by  subsection  (a),
then the tax shall be collected by the Illinois Department of
Revenue  when  the  property  is  purchased  at retail from a
retailer in the county in which the  home  rule  municipality
imposing  the tax is located, and in all contiguous counties.
The tax shall be remitted  to  the  State,  or  an  exemption
determination must be obtained from the Department before the
title  or certificate of registration for the property may be
issued.  The tax or proof of exemption may be transmitted  to
the  Department  by  way  of  the State agency with which, or
State officer with whom, the tangible personal property  must
be  titled or registered if the Department and that agency or
State officer determine that this procedure will expedite the
processing of applications for title or registration.
    The Department shall have full power  to  administer  and
enforce  this  Section  to  collect  all taxes, penalties and
interest due hereunder, to dispose of  taxes,  penalties  and
interest so collected in the manner hereinafter provided, and
determine  all  rights to credit memoranda or refunds arising
on account of  the  erroneous  payment  of  tax,  penalty  or
interest  hereunder.  In the administration of and compliance
with this Section the Department and persons who are  subject
to  this  Section  shall  have  the  same  rights,  remedies,
privileges,  immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of  procedure
as  are  prescribed  in  Sections 2 (except the definition of
"retailer maintaining a place of business in this State"),  3
(except  provisions  pertaining to the State rate of tax, and
except provisions concerning collection or refunding  of  the
tax  by retailers), 4, 11, 12, 12a, 14, 15, 19, 20, 21 and 22
of the Use Tax Act, which  are  not  inconsistent  with  this
Section,  as  fully  as  if  provisions  contained  in  those
Sections of the Use Tax Act were set forth herein.
    Whenever the Department determines that a refund shall be
made  under  this  Section to a claimant instead of issuing a
credit memorandum, the  Department  shall  notify  the  State
Comptroller,  who  shall  cause the order to be drawn for the
amount  specified,  and  to  the  person   named,   in   such
notification  from the Department.  Such refund shall be paid
by the  State  Treasurer  out  of  the  home  rule  municipal
retailers' occupation tax fund.
    The  Department  shall  forthwith  pay  over to the State
Treasurer, ex officio, as trustee, all taxes,  penalties  and
interest  collected  hereunder.  On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the State Comptroller the disbursement of stated  sums  of
money  to  named  municipalities,  the  municipality  in each
instance to be that municipality from  which  the  Department
during   the   second  preceding  calendar  month,  collected
municipal use tax from any person whose Illinois address  for
titling  or  registration  purposes is given as being in such
municipality.  The amount to be  paid  to  each  municipality
shall   be   the  amount  (not  including  credit  memoranda)
collected hereunder  during  the  second  preceding  calendar
month by the Department, and not including an amount equal to
the  amount  of  refunds  made  during  the  second preceding
calendar  month  by  the  Department  on   behalf   of   such
municipality,  less  the  amount  expended  during the second
preceding month  by  the  Department  to  be  paid  from  the
appropriation  to the Department from the Home Rule Municipal
Retailers' Occupation Tax Trust Fund.  The  appropriation  to
cover  the  costs incurred by the Department in administering
and enforcing this Section shall not exceed 2% of the  amount
estimated  to  be  deposited  into  the  Home  Rule Municipal
Retailers' Occupation Tax Trust Fund during the  fiscal  year
for  which  the  appropriation is made.  Within 10 days after
receipt  by  the  State  Comptroller  of   the   disbursement
certification  to  the  municipalities  provided  for in this
Section  to  be  given  to  the  State  Comptroller  by   the
Department,  the  State Comptroller shall cause the orders to
be drawn for the respective amounts in  accordance  with  the
directions contained in that certification.
    Any  ordinance  imposing  or  discontinuing any tax to be
collected and enforced by the Department under  this  Section
shall  be adopted and a certified copy thereof filed with the
Department on or before October 1, whereupon  the  Department
of  Revenue  shall  proceed  to  administer  and enforce this
Section on behalf of the municipalities as of January 1  next
following such adoption and filing.  Beginning April 1, 1998,
any  ordinance  imposing  or  discontinuing  any  tax  to  be
collected  and  enforced by the Department under this Section
shall either (i) be adopted  and  a  certified  copy  thereof
filed with the Department on or before April 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this  Section  on  behalf  of the municipalities as of July 1
next following the adoption and filing; or  (ii)  be  adopted
and  a certified copy thereof filed with the Department on or
before October 1, whereupon the Department of  Revenue  shall
proceed  to  administer and enforce this Section on behalf of
the  municipalities  as  of  January  1  next  following  the
adoption and filing.
    Nothing in this subsection (c) shall prevent a home  rule
municipality  from  collecting the tax pursuant to subsection
(a) in any situation where such tax is not collected  by  the
Department of Revenue under this subsection (c).
    (d)  Any  unobligated  balance remaining in the Municipal
Retailers' Occupation Tax Fund on December  31,  1989,  which
fund was abolished by Public Act 85-1135, and all receipts of
municipal  tax  as  a  result  of audits of liability periods
prior to January 1,  1990,  shall  be  paid  into  the  Local
Government  Tax  Fund,  for  distribution as provided by this
Section prior to the enactment of  Public  Act  85-1135.  All
receipts  of  municipal  tax as a result of an assessment not
arising from an audit, for liability periods prior to January
1, 1990, shall be paid into the Local Government Tax Fund for
distribution before July 1, 1990, as provided by this Section
prior to the enactment of Public  Act  85-1135,  and  on  and
after July 1, 1990, all such receipts shall be distributed as
provided in Section 6z-18 of the State Finance Act.
    (e)  As   used   in   this   Section,   "Municipal"   and
"Municipality"  means  a  city, village or incorporated town,
including an incorporated town which has superseded  a  civil
township.
    (f)  This  Section shall be known and may be cited as the
Home Rule Municipal Use Tax Act.
(Source: P.A. 90-562, eff. 12-16-97; 90-689, eff. 7-31-98.)

    (65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a)
    Sec. 8-11-6a. Home  rule  municipalities;  preemption  of
certain  taxes.   Except  as  provided  in  Sections  8-11-1,
8-11-5,  8-11-6,  and 8-11-6b on and after September 1, 1990,
no home  rule  municipality  has  the  authority  to  impose,
pursuant  to its home rule authority, a retailer's occupation
tax, service occupation tax, use tax, sales tax or other  tax
on  the  use,  sale or purchase of tangible personal property
based on the gross receipts from such sales or the selling or
purchase  price   of   said   tangible   personal   property.
Notwithstanding  the foregoing, this Section does not preempt
any home rule imposed tax such as the following: (1) a tax on
alcoholic beverages, whether based on gross receipts,  volume
sold  or any other measurement; (2) a tax based on the number
of  units  of  cigarettes  or  tobacco  products   (provided,
however, that a home rule municipality that has not imposed a
tax  based  on  the  number of units of cigarettes or tobacco
products before July 1, 1993, shall not  impose  such  a  tax
after  that  date); (3) a tax, however measured, based on the
use of a hotel or motel room or similar facility; (4) a  tax,
however  measured,  on the sale or transfer of real property;
(5) a tax, however measured, on lease receipts; (6) a tax  on
food  prepared  for  immediate  consumption  and on alcoholic
beverages sold by a business which provides  for  on  premise
consumption of said food or alcoholic beverages; or (7) other
taxes  not  based  on  the selling or purchase price or gross
receipts from the use, sale or purchase of tangible  personal
property.  This   Section  is  not  intended  to  affect  any
existing tax on food and  beverages  prepared  for  immediate
consumption  on  the  premises  where the sale occurs, or any
existing tax on alcoholic  beverages,  or  any  existing  tax
imposed  on  the  charge  for  renting a hotel or motel room,
which was in effect January 15, 1988, or any extension of the
effective date of such an existing tax by  ordinance  of  the
municipality  imposing  the  tax,  which  extension is hereby
authorized, in any non-home rule municipality  in  which  the
imposition  of  such  a  tax  has  been  upheld  by  judicial
determination,  nor  is  this Section intended to preempt the
authority granted by Public Act 85-1006. This  Section  is  a
limitation,  pursuant  to  subsection  (g)  of  Section  6 of
Article VII of the Illinois Constitution,  on  the  power  of
home rule units to tax.
(Source: P.A. 88-507; 88-527; 88-670, eff. 12-2-94.)

    (65 ILCS 5/8-11-16) (from Ch. 24, par. 8-11-16)
    Sec.  8-11-16.  The Department of Revenue shall submit to
each municipality each year a list of  those  persons  within
that  municipality  who  are  registered  with the Department
under the Retailers' Occupation Tax Act.
    The list shall indicate the street address of each retail
outlet  operated  in  the  municipality  by  the  persons  so
registered and the name under  which  the  retailer  conducts
business,   if   different  from  the  corporate  name.   The
municipal clerk shall forward any changes or  corrections  to
the  list  to the Department within 6 months.  The Department
shall update and correct its records to reflect such changes,
or notify the municipality  in  writing  that  the  suggested
changes  are erroneous, within 90 days.  The Department shall
also provide monthly updates  to  each  municipality  showing
additions  or  deletions to the list of retail outlets within
the municipality.  The Department shall provide a copy of the
annual listing herein provided for  contiguous  jurisdictions
when  a  municipality so requests.  The list required by this
Section shall contain only the names and street addresses  of
persons  who are registered with the Department and shall not
include the amount of tax paid by  such  persons.   The  list
required   by   this   Section  shall  be  provided  to  each
municipality no later than September 1 annually.
    When certifying the amount of a monthly disbursement to a
municipality under Section 8-11-1, 8-11-5, 8-11-6 of this Act
or Section 6z-18 of "An Act in relation  to  State  finance",
the  Department  shall increase or decrease such amount by an
amount necessary to  offset  any  misallocation  of  previous
disbursements.    The  offset  amount  shall  be  the  amount
erroneously disbursed within the previous 6 months  from  the
time a misallocation is discovered.
    The  Department  of  Revenue must upon the request of any
municipality received pursuant  to  the  provisions  of  this
paragraph furnish to such municipality data setting forth the
aggregate  amount  of  retailers' occupation tax collected on
behalf  of  such  municipality  from  any   shopping   center
identified   in   such   request   and  located  within  such
municipality for each month beginning with  the  first  month
following  the  month within which such a request is received
by the Department, provided that such data  may  be  provided
only with respect to shopping centers (1) which consist of 50
or  more  persons  registered  with  the  Department  to  pay
Retailers'  Occupation  Tax,  and (2) where the developers or
owners thereof or their predecessors in interest have entered
into written agreements with  the  municipality  to  transfer
property  to  or  perform  services  for or on behalf of such
municipality in exchange for payments based solely or in part
on the amount  of  retailers'  occupation  tax  collected  on
behalf  of the municipality from persons within such shopping
centers.  Data given pursuant to  this  paragraph  shall  not
identify  by amounts the individual sources of such taxes.  A
request for data pursuant to this paragraph  shall  first  be
submitted  to  the  Department  of  Revenue  by the Municipal
Clerk, City  Council  or  Village  Board  of  Trustees.   The
Department  of  Revenue  shall  review  each  such request to
determine whether the requirements of item (2) of  the  first
sentence  of this paragraph have been met and, within 30 days
following its receipt of such a request, shall either certify
that the request  meets  such  requirements,  or  notify  the
person  submitting the request that the request does not meet
such requirements.
    As used in this Section,  "Municipal"  or  "Municipality"
means  or  refers  to  a  city, village or incorporated town,
including an incorporated town which has superseded  a  civil
township,  and  "shopping  center"  means  a  group of retail
stores and other business and service  establishments  in  an
integrated   building   arrangement   operated  under  common
ownership  or  diverse  ownership   under   unified   control
involving common parking areas and mutual easements.
(Source: P.A. 86-928.)

    (65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
    Sec.  11-74.4-8a.  (1) Until June 1, 1988, a municipality
which has adopted tax increment allocation financing prior to
January  1,  1987,  may  by  ordinance  (1)   authorize   the
Department  of Revenue, subject to appropriation, to annually
certify and cause to be paid from the Illinois Tax  Increment
Fund  to  such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net  State
Sales  Tax  Increment  and  (2)  authorize  the Department of
Revenue to annually notify the municipality of the amount  of
the Municipal Sales Tax Increment which shall be deposited by
the municipality in the municipality's special tax allocation
fund.   Provided   that  for  purposes  of  this  Section  no
amendments  adding  additional  area  to  the   redevelopment
project  area which has been certified as the State Sales Tax
Boundary shall be taken into account if such  amendments  are
adopted  by  the  municipality  after  January 1, 1987. If an
amendment is adopted which decreases  the  area  of  a  State
Sales  Tax  Boundary,  the municipality shall update the list
required by subsection (3)(a) of this Section. The Retailers'
Occupation  Tax  liability,  Use   Tax   liability,   Service
Occupation  Tax  liability  and Service Use Tax liability for
retailers and servicemen located within the disconnected area
shall be excluded from the base from which tax increments are
calculated  and  the  revenue  from  any  such  retailer   or
serviceman  shall  not be included in calculating incremental
revenue payable to the municipality. A municipality  adopting
an  ordinance under this subsection (1) of this Section for a
redevelopment project area which  is  certified  as  a  State
Sales Tax Boundary shall not be entitled to payments of State
taxes authorized under subsection (2) of this Section for the
same  redevelopment  project  area.  Nothing  herein shall be
construed to prevent a municipality from receiving payment of
State taxes authorized under subsection (2) of  this  Section
for  a  separate  redevelopment  project  area  that does not
overlap  in  any  way  with  the  State  Sales  Tax  Boundary
receiving payments of State taxes pursuant to subsection  (1)
of this Section.
    A  certified copy of such ordinance shall be submitted by
the municipality to the Department of Commerce and  Community
Affairs  and the Department of Revenue not later than 30 days
after the effective date of the ordinance.   Upon  submission
of  the  ordinances, and the information required pursuant to
subsection 3 of this Section, the Department of Revenue shall
promptly determine the amount of such taxes  paid  under  the
Retailers'  Occupation  Tax Act, Use Tax Act, Service Use Tax
Act, the Service Occupation Tax Act, the Municipal Retailers'
Occupation Tax Act and the Municipal Service  Occupation  Tax
Act  by  retailers  and  servicemen on transactions at places
located in the redevelopment project  area  during  the  base
year,  and shall certify all the foregoing "initial sales tax
amounts" to the municipality within 60 days of submission  of
the list required of subsection (3)(a) of this Section.
    If  a  retailer  or  serviceman  with a place of business
located within a redevelopment project area also has  one  or
more  other  places  of  business within the municipality but
outside the  redevelopment  project  area,  the  retailer  or
serviceman  shall, upon request of the Department of Revenue,
certify to the Department of Revenue the amount of taxes paid
pursuant to the Retailers' Occupation Tax Act, the  Municipal
Retailers' Occupation Tax Act, the Service Occupation Tax Act
and the Municipal Service Occupation Tax Act at each place of
business  which  is  located within the redevelopment project
area in the manner and for the periods of time  requested  by
the Department of Revenue.
    When  the  municipality  determines  that a portion of an
increase in the aggregate amount of taxes paid  by  retailers
and  servicemen  under the Retailers' Occupation Tax Act, Use
Tax Act, Service Use Tax Act, or the Service  Occupation  Tax
Act  is  the  result  of  a retailer or serviceman initiating
retail or service operations  in  the  redevelopment  project
area   by  such  retailer  or  serviceman  with  a  resulting
termination of retail or service operations by such  retailer
or serviceman at another location in Illinois in the standard
metropolitan  statistical  area  of  such  municipality,  the
Department  of  Revenue  shall be notified that the retailers
occupation  tax  liability,  use   tax   liability,   service
occupation  tax  liability, or service use tax liability from
such retailer's or serviceman's terminated operation shall be
included in the base Initial Sales Tax Amounts from which the
State Sales Tax Increment is calculated for purposes of State
payments to the affected municipality; provided, however, for
purposes of this paragraph "termination" shall mean a closing
of a retail or service operation which is directly related to
the opening of the same retail  or  service  operation  in  a
redevelopment  project  area which is included within a State
Sales Tax Boundary,  but  it  shall  not  include  retail  or
service  operations  closed for reasons beyond the control of
the retailer or serviceman, as determined by the  Department.
If  the  municipality  makes the determination referred to in
the prior paragraph and notifies the Department  and  if  the
relocation  is  from  a location within the municipality, the
Department, at the request of the municipality, shall  adjust
the  certified  aggregate amount of taxes that constitute the
Municipal  Sales  Tax  Increment  paid   by   retailers   and
servicemen  on  transactions  at  places  of business located
within the State Sales Tax  Boundary  during  the  base  year
using  the  same  procedures  as  are  employed  to  make the
adjustment referred to in the prior paragraph.  The  adjusted
Municipal  Sales  Tax  Increment calculated by the Department
shall be sufficient to satisfy the requirements of subsection
(1) of this Section.
    When a  municipality  which  has  adopted  tax  increment
allocation financing in 1986 determines that a portion of the
aggregate  amount  of  taxes paid by retailers and servicemen
under the Retailers Occupation Tax Act, Use Tax Act,  Service
Use  Tax  Act,  or  Service Occupation Tax Act, the Municipal
Retailers' Occupation  Tax  Act  and  the  Municipal  Service
Occupation  Tax  Act,  includes  revenue  of  a  retailer  or
serviceman which terminated retailer or service operations in
1986,  prior  to  the  adoption  of  tax increment allocation
financing, the Department of Revenue  shall  be  notified  by
such   municipality   that   the  retailers'  occupation  tax
liability,  use  tax  liability,   service   occupation   tax
liability  or service use tax liability, from such retailer's
or serviceman's terminated operations shall be excluded  from
the  Initial  Sales  Tax  Amounts for such taxes. The revenue
from any such retailer or serviceman which is  excluded  from
the  base year under this paragraph, shall not be included in
calculating  incremental  revenues  if   such   retailer   or
serviceman  reestablishes  such business in the redevelopment
project area.
    For State fiscal year 1992,  the  Department  of  Revenue
shall   budget,  and  the  Illinois  General  Assembly  shall
appropriate from the Illinois Tax Increment Fund in the State
treasury, an amount not to exceed $18,000,000 to pay to  each
eligible  municipality  the  Net State Sales Tax Increment to
which such municipality is entitled.
    Beginning  on  January  1,  1993,   each   municipality's
proportional  share  of the Illinois Tax Increment Fund shall
be determined by  adding  the  annual  Net  State  Sales  Tax
Increment  and  the  annual  Net  Utility  Tax  Increment  to
determine the Annual Total Increment. The ratio of the Annual
Total  Increment  of  each  municipality  to the Annual Total
Increment for all municipalities, as most recently calculated
by the Department, shall determine the proportional shares of
the Illinois Tax Increment Fund to  be  distributed  to  each
municipality.
    Beginning in October, 1993, and each January, April, July
and  October  thereafter,  the  Department  of  Revenue shall
certify to the Treasurer  and  the  Comptroller  the  amounts
payable  quarter  annually  during  the  fiscal  year to each
municipality  under  this  Section.  The  Comptroller   shall
promptly  then draw warrants, ordering the State Treasurer to
pay such amounts from the Illinois Tax Increment Fund in  the
State treasury.
    The  Department of Revenue shall utilize the same periods
established for determining  State  Sales  Tax  Increment  to
determine  the  Municipal  Sales  Tax  Increment for the area
within a State Sales Tax Boundary and certify such amounts to
such municipal treasurer who shall transfer such  amounts  to
the special tax allocation fund.
    The  provisions  of  this  subsection (1) do not apply to
additional  municipal  retailers'   occupation   or   service
occupation  taxes  imposed by municipalities using their home
rule  powers  or  imposed  pursuant  to  Sections   8-11-1.3,
8-11-1.4  and  8-11-1.5 of this Act. A municipality shall not
receive  from  the  State  any  share  of  the  Illinois  Tax
Increment Fund unless  such  municipality  deposits  all  its
Municipal  Sales Tax Increment and the local incremental real
property  tax  revenues,  as  provided   herein,   into   the
appropriate  special  tax  allocation  fund.  A  municipality
located  within  an economic development project area created
under the County Economic  Development Project Area  Property
Tax  Allocation  Act  which  has  abated  any  portion of its
property taxes which otherwise would have been  deposited  in
its  special  tax  allocation fund shall not receive from the
State the Net Sales Tax Increment.
    (2)  A  municipality  which  has  adopted  tax  increment
allocation financing with regard to  an  industrial  park  or
industrial  park conservation area, prior to January 1, 1988,
may by ordinance  authorize  the  Department  of  Revenue  to
annually certify and pay from the Illinois Tax Increment Fund
to  such  municipality  for  deposit  in  the  municipality's
special  tax allocation fund an amount equal to the Net State
Utility Tax Increment. Provided that  for  purposes  of  this
Section   no   amendments   adding  additional  area  to  the
redevelopment project area shall be  taken  into  account  if
such amendments are adopted by the municipality after January
1,  1988.  Municipalities  adopting  an  ordinance under this
subsection (2) of this Section for  a  redevelopment  project
area  shall  not  be  entitled  to  payment  of  State  taxes
authorized  under subsection (1) of this Section for the same
redevelopment project area which is within a State Sales  Tax
Boundary.  Nothing  herein  shall  be  construed to prevent a
municipality from receiving payment of State taxes authorized
under  subsection  (1)  of  this  Section  for   a   separate
redevelopment  project area within a State Sales Tax Boundary
that does not overlap  in  any  way  with  the  redevelopment
project  area  receiving  payments of State taxes pursuant to
subsection (2) of this Section.
    A certified copy of such ordinance shall be submitted  to
the  Department  of  Commerce  and  Community Affairs and the
Department of Revenue  not  later  than  30  days  after  the
effective date of the ordinance.
    When  a  municipality  determines  that  a  portion of an
increase in the aggregate amount of taxes paid by  industrial
or  commercial  facilities under the Public Utilities Act, is
the result of an industrial or commercial facility initiating
operations in the redevelopment project area with a resulting
termination  of  such  operations  by  such   industrial   or
commercial  facility  at  another  location  in Illinois, the
Department of Revenue shall be notified by such  municipality
that such industrial or commercial facility's liability under
the Public Utility Tax Act shall be included in the base from
which  tax  increments  are  calculated for purposes of State
payments to the affected municipality.
    After receipt of the calculations by the  public  utility
as required by subsection (4) of this Section, the Department
of  Revenue  shall  annually  budget and the Illinois General
Assembly shall annually appropriate from the General  Revenue
Fund  through State Fiscal Year 1989, and thereafter from the
Illinois Tax Increment Fund, an amount sufficient to  pay  to
each  eligible municipality the amount of incremental revenue
attributable to State electric and gas taxes as reflected  by
the  charges  imposed on persons in the project area to which
such municipality is  entitled  by  comparing  the  preceding
calendar  year  with  the  base  year  as  determined by this
Section.  Beginning on January 1, 1993,  each  municipality's
proportional  share  of the Illinois Tax Increment Fund shall
be determined by adding the  annual  Net  State  Utility  Tax
Increment  and  the  annual  Net  Utility  Tax  Increment  to
determine the Annual Total Increment. The ratio of the Annual
Total  Increment  of  each  municipality  to the Annual Total
Increment for all municipalities, as most recently calculated
by the Department, shall determine the proportional shares of
the Illinois Tax Increment Fund to  be  distributed  to  each
municipality.
    A  municipality  shall  not  receive  any  share  of  the
Illinois  Tax  Increment  Fund  from  the  State  unless such
municipality imposes the maximum municipal charges authorized
pursuant to Section 9-221 of the  Public  Utilities  Act  and
deposits  all  municipal  utility tax incremental revenues as
certified by the public utilities, and all local real  estate
tax   increments   into   such   municipality's  special  tax
allocation fund.
    (3)  Within 30 days after the adoption of  the  ordinance
required  by  either subsection (1) or subsection (2) of this
Section, the municipality shall transmit to the Department of
Commerce and Community Affairs and the Department of  Revenue
the following:
         (a)  if   applicable,   a   certified  copy  of  the
    ordinance required by subsection  (1)  accompanied  by  a
    complete  list  of  street  names and the range of street
    numbers of each street located within  the  redevelopment
    project area for which payments are to be made under this
    Section  in  both the base year and in the year preceding
    the payment year; and the addresses of persons registered
    with the Department of Revenue; and, the name under which
    each such retailer or  serviceman  conducts  business  at
    that  address,  if different from the corporate name; and
    the Illinois Business Tax Number of each such person (The
    municipality shall update this list in  the  event  of  a
    revision  of  the  redevelopment  project  area,  or  the
    opening  or  closing or name change of any street or part
    thereof in the redevelopment  project  area,  or  if  the
    Department  of  Revenue  informs  the  municipality of an
    addition or deletion  pursuant  to  the  monthly  updates
    given by the Department.);
         (b)  if   applicable,   a   certified  copy  of  the
    ordinance required by subsection  (2)  accompanied  by  a
    complete list of street names and range of street numbers
    of  each  street located within the redevelopment project
    area, the utility customers in the project area, and  the
    utilities serving the redevelopment project areas;
         (c)  certified  copies  of  the ordinances approving
    the redevelopment plan and designating the  redevelopment
    project area;
         (d)  a copy of the redevelopment plan as approved by
    the municipality;
         (e)  an   opinion   of   legal   counsel   that  the
    municipality had complied with the requirements  of  this
    Act; and
         (f)  a  certification by the chief executive officer
    of the municipality that with regard to  a  redevelopment
    project  area:  (1) the municipality has committed all of
    the municipal tax increment created pursuant to this  Act
    for  deposit  in the special tax allocation fund, (2) the
    redevelopment projects  described  in  the  redevelopment
    plan  would  not  be  completed  without the use of State
    incremental  revenues  pursuant  to  this  Act,  (3)  the
    municipality  will  pursue  the  implementation  of   the
    redevelopment  plan  in  an  expeditious  manner, (4) the
    incremental revenues created  pursuant  to  this  Section
    will  be  exclusively utilized for the development of the
    redevelopment project area, and (5) the increased revenue
    created  pursuant  to  this   Section   shall   be   used
    exclusively to pay redevelopment project costs as defined
    in this Act.
    (4)  The  Department  of  Revenue  upon  receipt  of  the
information  set  forth  in  paragraph  (b) of subsection (3)
shall immediately forward such  information  to  each  public
utility  furnishing  natural  gas or electricity to buildings
within the redevelopment project area.  Upon receipt of  such
information, each public utility shall promptly:
         (a)  provide  to  the  Department of Revenue and the
    municipality separate lists of the names and addresses of
    persons within the redevelopment project  area  receiving
    natural  gas  or  electricity  from  such public utility.
    Such list shall be updated as  necessary  by  the  public
    utility.  Each  month thereafter the public utility shall
    furnish the Department of Revenue  and  the  municipality
    with  an  itemized listing of charges imposed pursuant to
    Sections 9-221 and 9-222 of the Public Utilities  Act  on
    persons within the redevelopment project area.
         (b)  determine   the   amount   of  charges  imposed
    pursuant to  Sections  9-221  and  9-222  of  the  Public
    Utilities  Act  on  persons  in the redevelopment project
    area during the base year, both as a result of  municipal
    taxes  on  electricity  and  gas and as a result of State
    taxes on electricity and gas  and  certify  such  amounts
    both  to  the municipality and the Department of Revenue;
    and
         (c)  determine  the  amount   of   charges   imposed
    pursuant  to  Sections  9-221  and  9-222  of  the Public
    Utilities Act on persons  in  the  redevelopment  project
    area  on  a monthly basis during the base year, both as a
    result of State and municipal taxes  on  electricity  and
    gas  and  certify  such  separate  amounts  both  to  the
    municipality and the Department of Revenue.
    After  the  determinations are made in paragraphs (b) and
(c), the public utility shall monthly during the existence of
the redevelopment  project  area  notify  the  Department  of
Revenue  and the municipality of any increase in charges over
the base year determinations made pursuant to paragraphs  (b)
and (c).
    (5)  The  payments authorized under this Section shall be
deposited by the  municipal  treasurer  in  the  special  tax
allocation  fund  of  the  municipality, which for accounting
purposes shall identify  the  sources  of  each  payment  as:
municipal  receipts  from  the  State  retailers  occupation,
service  occupation, use and service use taxes; and municipal
public utility taxes charged to customers  under  the  Public
Utilities  Act  and  State  public  utility  taxes charged to
customers under the Public Utilities Act.
    (6)  Any municipality receiving payments authorized under
this Section for  any  redevelopment  project  area  or  area
within  a  State  Sales  Tax Boundary within the municipality
shall submit to the Department of Revenue and to  the  taxing
districts  which are sent the notice required by Section 6 of
this Act annually within 180 days after  the  close  of  each
municipal  fiscal  year  the  following  information  for the
immediately preceding fiscal year:
         (a)  Any amendments to the redevelopment  plan,  the
    redevelopment  project  area,  or  the  State  Sales  Tax
    Boundary.
         (b)  Audited financial statements of the special tax
    allocation fund.
         (c)  Certification of the Chief Executive Officer of
    the  municipality that the municipality has complied with
    all of the requirements of this Act during the  preceding
    fiscal year.
         (d)  An   opinion   of   legal   counsel   that  the
    municipality is in compliance with this Act.
         (e)  An analysis of the special tax allocation  fund
    which sets forth:
              (1)  the  balance in the special tax allocation
         fund at the beginning of the fiscal year;
              (2)  all amounts deposited in the  special  tax
         allocation fund by source;
              (3)  all  expenditures  from  the  special  tax
         allocation   fund   by   category   of   permissible
         redevelopment project cost; and
              (4)  the  balance in the special tax allocation
         fund at the end  of  the  fiscal  year  including  a
         breakdown  of  that  balance  by source. Such ending
         balance shall be designated as surplus if it is  not
         required for anticipated redevelopment project costs
         or  to  pay  debt service on bonds issued to finance
         redevelopment project costs, as set forth in Section
         11-74.4-7 hereof.
         (f)  A description of all property purchased by  the
    municipality   within   the  redevelopment  project  area
    including
              1.  Street address
              2.  Approximate size or description of property
              3.  Purchase price
              4.  Seller of property.
         (g)  A  statement  setting  forth   all   activities
    undertaken  in  furtherance  of  the  objectives  of  the
    redevelopment plan, including:
              1.  Any  project  implemented  in the preceding
         fiscal year
              2.  A   description   of   the    redevelopment
         activities undertaken
              3.  A  description  of  any  agreements entered
         into  by  the  municipality  with  regard   to   the
         disposition  or redevelopment of any property within
         the redevelopment project area or  the  area  within
         the State Sales Tax Boundary.
         (h)  With  regard  to  any obligations issued by the
    municipality:
              1.  copies of bond ordinances or resolutions
              2.  copies of any official statements
              3.  an analysis prepared by  financial  advisor
         or underwriter setting forth: (a) nature and term of
         obligation; and (b) projected debt service including
         required reserves and debt coverage.
         (i)  A  certified  audit report reviewing compliance
    with this statute  performed  by  an  independent  public
    accountant certified and licensed by the authority of the
    State  of  Illinois.   The financial portion of the audit
    must be conducted in accordance with Standards for Audits
    of Governmental Organizations, Programs, Activities,  and
    Functions  adopted  by  the  Comptroller  General  of the
    United States (1981), as amended.  The audit report shall
    contain a letter from the  independent  certified  public
    accountant  indicating  compliance  or noncompliance with
    the requirements of subsection (q) of Section  11-74.4-3.
    If  the  audit  indicates  that  expenditures  are not in
    compliance with the law, the Department of Revenue  shall
    withhold  State  sales and utility tax increment payments
    to the municipality until compliance  has  been  reached,
    and  an  amount  equal to the ineligible expenditures has
    been returned to the Special Tax Allocation Fund.
    (6.1)  After July 29, 1988, any funds which have not been
designated for use in a specific development project  in  the
annual report shall be designated as surplus. No funds may be
held  in  the  Special  Tax  Allocation Fund for more than 36
months from the date of receipt unless the money is  required
for   payment   of   contractual   obligations  for  specific
development project costs. If held for more than 36 months in
violation of the preceding  sentence,  such  funds  shall  be
designated  as  surplus. Any funds designated as surplus must
first be used for early redemption of any  bond  obligations.
Any  funds designated as surplus which are not disposed of as
otherwise provided in this paragraph, shall be distributed as
surplus as provided in Section 11-74.4-7.
    (7)  Any appropriation made pursuant to this Section  for
the  1987 State fiscal year shall not exceed the amount of $7
million and for the 1988 State fiscal year the amount of  $10
million.   The  amount  which  shall  be  distributed to each
municipality shall be the incremental revenue to  which  each
municipality  is  entitled as calculated by the Department of
Revenue, unless the requests of the municipality  exceed  the
appropriation,  then  the  amount  to which each municipality
shall be entitled shall be prorated among the  municipalities
in  the  same  proportion  as  the  increment  to  which  the
municipality  would  be entitled bears to the total increment
which all municipalities would receive in the absence of this
limitation, provided that  no  municipality  may  receive  an
amount  in  excess  of 15% of the appropriation. For the 1987
Net State Sales Tax Increment payable in Fiscal Year 1989, no
municipality shall  receive  more  than  7.5%  of  the  total
appropriation;   provided,   however,   that   any   of   the
appropriation  remaining  after  such  distribution  shall be
prorated among municipalities on the basis of their pro  rata
share  of  the total increment. Beginning on January 1, 1993,
each municipality's proportional share of  the  Illinois  Tax
Increment  Fund  shall be determined by adding the annual Net
State Sales Tax Increment and  the  annual  Net  Utility  Tax
Increment  to determine the Annual Total Increment. The ratio
of the Annual Total Increment of  each  municipality  to  the
Annual  Total  Increment  for  all  municipalities,  as  most
recently  calculated  by  the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to  be
distributed to each municipality.
    (7.1)  No  distribution  of Net State Sales Tax Increment
to a municipality for  an  area  within  a  State  Sales  Tax
Boundary  shall  exceed  in  any  State Fiscal Year an amount
equal  to  3  times  the  sum  of  the  Municipal  Sales  Tax
Increment, the real property tax increment  and  deposits  of
funds  from other sources, excluding state and federal funds,
as certified by the  city  treasurer  to  the  Department  of
Revenue  for an area within a State Sales Tax Boundary. After
July 29, 1988, for those  municipalities  which  issue  bonds
between  June  1,  1988  and  3  years  from July 29, 1988 to
finance redevelopment projects within the  area  in  a  State
Sales  Tax  Boundary, the distribution of Net State Sales Tax
Increment during the 16th through 20th years from the date of
issuance of the bonds shall not exceed in  any  State  Fiscal
Year  an  amount  equal  to  2 times the sum of the Municipal
Sales Tax Increment, the  real  property  tax  increment  and
deposits  of  funds  from  other sources, excluding State and
federal funds.
    (8)  Any person who knowingly files or causes to be filed
false information for the purpose of increasing the amount of
any  State  tax  incremental  revenue  commits  a   Class   A
misdemeanor.
    (9)  The   following  procedures  shall  be  followed  to
determine whether municipalities have complied with  the  Act
for the purpose of receiving distributions after July 1, 1989
pursuant to subsection (1) of this Section 11-74.4-8a.
         (a)  The  Department  of  Revenue  shall  conduct  a
    preliminary review of the redevelopment project areas and
    redevelopment  plans  pertaining  to those municipalities
    receiving payments from the State pursuant to  subsection
    (1)  of  Section  8a  of  this  Act  for  the  purpose of
    determining compliance with the following standards:
              (1)  For any municipality with a population  of
         more  than  12,000  as  determined  by the 1980 U.S.
         Census:  (a) the redevelopment project area,  or  in
         the  case  of a municipality which has more than one
         redevelopment project area, each such area, must  be
         contiguous and the total of all such areas shall not
         comprise  more  than  25%  of  the  area  within the
         municipal  boundaries  nor  more  than  20%  of  the
         equalized assessed value of  the  municipality;  (b)
         the   aggregate   amount   of   1985  taxes  in  the
         redevelopment project area, or  in  the  case  of  a
         municipality  which  has more than one redevelopment
         project area, the total of all such areas, shall  be
         not  more than 25% of the total base year taxes paid
         by  retailers  and  servicemen  on  transactions  at
         places of business located within  the  municipality
         under the Retailers' Occupation Tax Act, the Use Tax
         Act,  the  Service  Use  Tax  Act,  and  the Service
         Occupation Tax Act.    Redevelopment  project  areas
         created  prior  to 1986 are not subject to the above
         standards if their boundaries were  not  amended  in
         1986.
              (2)  For  any municipality with a population of
         12,000 or  less  as  determined  by  the  1980  U.S.
         Census:   (a)  the redevelopment project area, or in
         the case of a municipality which has more  than  one
         redevelopment  project area, each such area, must be
         contiguous and the total of all such areas shall not
         comprise more  than  35%  of  the  area  within  the
         municipal  boundaries  nor  more  than  30%  of  the
         equalized  assessed  value  of the municipality; (b)
         the  aggregate  amount  of   1985   taxes   in   the
         redevelopment  project  area,  or  in  the case of a
         municipality which has more than  one  redevelopment
         project area, the total of all such areas, shall not
         be  more  than 35% of the total base year taxes paid
         by  retailers  and  servicemen  on  transactions  at
         places of business located within  the  municipality
         under the Retailers' Occupation Tax Act, the Use Tax
         Act,  the  Service  Use  Tax  Act,  and  the Service
         Occupation Tax  Act.   Redevelopment  project  areas
         created  prior  to 1986 are not subject to the above
         standards if their boundaries were  not  amended  in
         1986.
              (3)  Such    preliminary    review    of    the
         redevelopment   project  areas  applying  the  above
         standards shall be completed by  November  1,  1988,
         and  on  or  before November 1, 1988, the Department
         shall notify each municipality  by  certified  mail,
         return   receipt   requested  that  either  (1)  the
         Department requires  additional  time  in  which  to
         complete   its   preliminary   review;  or  (2)  the
         Department is issuing either (a)  a  Certificate  of
         Eligibility  or  (b)  a  Notice  of  Review.  If the
         Department notifies a municipality that it  requires
         additional   time   to   complete   its  preliminary
         investigation, it  shall  complete  its  preliminary
         investigation no later than February 1, 1989, and by
         February  1,  1989  shall issue to each municipality
         either (a) a Certificate of  Eligibility  or  (b)  a
         Notice  of  Review. A redevelopment project area for
         which a Certificate of Eligibility has  been  issued
         shall be deemed a "State Sales Tax Boundary."
              (4)  The Department of Revenue shall also issue
         a  Notice of Review if the Department has received a
         request by November 1, 1988 to conduct such a review
         from taxpayers in  the  municipality,  local  taxing
         districts  located  in the municipality or the State
         of Illinois, or if the  redevelopment  project  area
         has  more  than  5  retailers  and has had growth in
         State sales  tax  revenue  of  more  than  15%  from
         calendar year 1985 to 1986.
         (b)  For  those municipalities receiving a Notice of
    Review, the Department will conduct  a  secondary  review
    consisting  of:  (i)  application  of the above standards
    contained  in  subsection   (9)(a)(1)(a)   and   (b)   or
    (9)(a)(2)(a)   and  (b),  and  (ii)  the  definitions  of
    blighted and conservation area provided  for  in  Section
    11-74.4-3.   Such  secondary review shall be completed by
    July 1, 1989.
         Upon  completion  of  the  secondary   review,   the
    Department will issue (a) a Certificate of Eligibility or
    (b) a Preliminary Notice of Deficiency.  Any municipality
    receiving  a  Preliminary  Notice of Deficiency may amend
    its redevelopment project area to meet the standards  and
    definitions set forth in this paragraph (b). This amended
    redevelopment  project area shall become the "State Sales
    Tax Boundary" for purposes of determining the State Sales
    Tax Increment.
         (c)  If the municipality advises the  Department  of
    its  intent  to comply with the requirements of paragraph
    (b) of this subsection outlined in the Preliminary Notice
    of Deficiency, within 120 days of receiving  such  notice
    from   the  Department,  the  municipality  shall  submit
    documentation to the Department of  the  actions  it  has
    taken  to  cure  any deficiencies.  Thereafter, within 30
    days of the receipt of the documentation, the  Department
    shall  either  issue  a  Certificate  of Eligibility or a
    Final Notice of Deficiency.  If the municipality fails to
    advise the Department of its intent to comply or fails to
    submit   adequate   documentation   of   such   cure   of
    deficiencies the Department shall issue a Final Notice of
    Deficiency  that  provides  that  the   municipality   is
    ineligible  for  payment  of  the  Net  State  Sales  Tax
    Increment.
         (d)  If  the Department issues a final determination
    of ineligibility, the municipality  shall  have  30  days
    from  the receipt of determination to protest and request
    a hearing. Such hearing shall be conducted in  accordance
    with  Sections  10-25,  10-35,  10-40,  and  10-50 of the
    Illinois  Administrative  Procedure  Act.  The   decision
    following  the  hearing  shall be subject to review under
    the Administrative Review Law.
         (e)  Any Certificate of Eligibility issued  pursuant
    to  this  subsection 9 shall be binding only on the State
    for the purposes of establishing municipal eligibility to
    receive  revenue  pursuant  to  subsection  (1)  of  this
    Section 11-74.4-8a.
         (f)  It is the intent of this  subsection  that  the
    periods of time to cure deficiencies shall be in addition
    to  all  other periods of time permitted by this Section,
    regardless of the date by  which  plans  were  originally
    required  to  be  adopted.   To  cure  said deficiencies,
    however, the municipality shall be required to follow the
    procedures and requirements pertaining to amendments,  as
    provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
    (10)  If a municipality adopts a State Sales Tax Boundary
in  accordance  with the provisions of subsection (9) of this
Section, such boundaries shall subsequently  be  utilized  to
determine Revised Initial Sales Tax Amounts and the Net State
Sales  Tax  Increment;  provided,  however, that such revised
State Sales Tax Boundary shall not have any effect  upon  the
boundary  of  the  redevelopment project area established for
the purposes of determining the  ad  valorem  taxes  on  real
property pursuant to Sections 11-74.4-7 and 11-74.4-8 of this
Act  nor  upon  the municipality's authority to implement the
redevelopment plan for that redevelopment project area.   For
any redevelopment project area with a smaller State Sales Tax
Boundary within its area, the municipality may annually elect
to   deposit  the  Municipal  Sales  Tax  Increment  for  the
redevelopment project area in the special tax allocation fund
and shall certify the  amount  to  the  Department  prior  to
receipt   of   the   Net  State  Sales  Tax  Increment.   Any
municipality required by subsection (9) to establish a  State
Sales  Tax  Boundary  for  one  or  more of its redevelopment
project areas shall submit all necessary information required
by the Department concerning such boundary and the  retailers
therein,  by  October  1,  1989,  after  complying  with  the
procedures  for amendment set forth in Sections 11-74.4-5 and
11-74.4-6  of  this  Act.   Net  State  Sales  Tax  Increment
produced within the State Sales Tax Boundary shall  be  spent
only  within that area. However expenditures of all municipal
property tax increment and municipal sales tax increment in a
redevelopment project area  are  not  required  to  be  spent
within  the  smaller  State  Sales  Tax  Boundary within such
redevelopment project area.
    (11)  The Department of Revenue shall have the  authority
to  issue rules and regulations for purposes of this Section.
and regulations for purposes of this Section.
    (12)  If, under Section 5.4.1 of the Illinois  Enterprise
Zone  Act,  a municipality determines that property that lies
within  a  State  Sales  Tax  Boundary  has  an  improvement,
rehabilitation, or renovation that is entitled to a  property
tax   abatement,   then   that   property   along   with  any
improvements,  rehabilitation,  or   renovations   shall   be
immediately  removed  from any State Sales Tax Boundary.  The
municipality that made the  determination  shall  notify  the
Department of Revenue within 30 days after the determination.
Once  a property is removed from the State Sales Tax Boundary
because  of  the  existence  of  a  property  tax   abatement
resulting  from  an enterprise zone, then that property shall
not be permitted  to  be  amended  into  a  State  Sales  Tax
Boundary.
(Source: P.A. 90-258, eff. 7-30-97.)

    Section  155.   The  Local  Mass  Transit District Act is
amended by re-enacting Section 5.01 as follows:

    (70 ILCS 3610/5.01) (from Ch. 111 2/3, par. 355.01)
    Sec. 5.01. Metro East  Mass  Transit  District;  use  and
occupation taxes.
    (a)  The Board of Trustees of any Metro East Mass Transit
District  may,  by  ordinance adopted with the concurrence of
two-thirds  of  the  then  trustees,  impose  throughout  the
District any or all of the taxes and fees  provided  in  this
Section.  All taxes and fees imposed under this Section shall
be  used only for public mass transportation systems, and the
amount used to provide mass transit service to unserved areas
of the District shall be in the same proportion to the  total
proceeds  as  the  number of persons residing in the unserved
areas is to the total population of the District.  Except  as
otherwise  provided  in  this  Act,  taxes imposed under this
Section and civil penalties imposed incident thereto shall be
collected and enforced by the State  Department  of  Revenue.
The Department shall have the power to administer and enforce
the  taxes  and  to  determine  all  rights  for  refunds for
erroneous payments of the taxes.
    (b)  The Board may  impose  a  Metro  East  Mass  Transit
District  Retailers'  Occupation Tax upon all persons engaged
in the business of  selling  tangible  personal  property  at
retail  in  the  district  at  a  rate  of  1/4  of 1%, or as
authorized under subsection (d-5) of  this  Section,  of  the
gross  receipts  from  the  sales  made in the course of such
business within the district.  The  tax  imposed  under  this
Section  and  all  civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue.  The Department shall have full  power
to  administer and enforce this Section; to collect all taxes
and  penalties  so  collected  in  the   manner   hereinafter
provided;  and  to  determine  all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
hereunder.  In the administration of,  and  compliance  with,
this  Section,  the Department and persons who are subject to
this  Section  shall  have   the   same   rights,   remedies,
privileges,  immunities, powers and duties, and be subject to
the same conditions,  restrictions,  limitations,  penalties,
exclusions,  exemptions  and  definitions of terms and employ
the same modes of procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in  respect
to  all provisions therein other than the State rate of tax),
2c, 3 (except as to the disposition of  taxes  and  penalties
collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
6,  6a,  6b,  6c,  7,  8,  9,  10,  11, 12, 13, and 14 of the
Retailers' Occupation Tax Act and Section 3-7 of the  Uniform
Penalty  and  Interest  Act,  as fully as if those provisions
were set forth herein.
    Persons subject to any tax imposed under the Section  may
reimburse   themselves   for  their  seller's  tax  liability
hereunder by separately stating  the  tax  as  an  additional
charge,  which  charge  may  be  stated  in combination, in a
single amount, with State taxes that sellers are required  to
collect  under  the  Use  Tax  Act,  in  accordance with such
bracket schedules as the Department may prescribe.
    Whenever the Department determines that a  refund  should
be made under this Section to a claimant instead of issuing a
credit  memorandum,  the  Department  shall  notify the State
Comptroller, who shall cause the warrant to be drawn for  the
amount   specified,   and   to   the  person  named,  in  the
notification from the Department.  The refund shall  be  paid
by  the  State  Treasurer  out of the Metro East Mass Transit
District tax fund established under  paragraph  (g)  of  this
Section.
    If  a  tax  is  imposed  under this subsection (b), a tax
shall also be imposed under subsections (c) and (d)  of  this
Section.
    For  the  purpose of determining whether a tax authorized
under this  Section  is  applicable,  a  retail  sale,  by  a
producer  of  coal  or  other mineral mined in Illinois, is a
sale at retail at the place where the coal or  other  mineral
mined   in  Illinois  is  extracted  from  the  earth.   This
paragraph does not apply to coal or other mineral when it  is
delivered  or  shipped  by  the  seller to the purchaser at a
point outside Illinois so that the sale is exempt  under  the
Federal  Constitution  as  a  sale  in  interstate or foreign
commerce.
    Nothing in this Section shall be construed  to  authorize
the Metro East Mass Transit District to impose a tax upon the
privilege  of  engaging  in  any  business  which  under  the
Constitution of the United States may not be made the subject
of taxation by this State.
    (c)  If  a  tax  has been imposed under subsection (b), a
Metro East Mass Transit District Service Occupation Tax shall
also be imposed upon all persons engaged, in the district, in
the business of making sales of service, who, as an  incident
to  making those sales of service, transfer tangible personal
property within the District, either in the form of  tangible
personal  property  or  in  the  form  of  real  estate as an
incident to a sale of service. The tax rate shall be 1/4%, or
as authorized under subsection (d-5) of this Section, of  the
selling  price  of  tangible personal property so transferred
within the district.  The tax imposed  under  this  paragraph
and  all  civil penalties that may be assessed as an incident
thereof  shall  be  collected  and  enforced  by  the   State
Department  of  Revenue. The Department shall have full power
to administer and enforce  this  paragraph;  to  collect  all
taxes  and  penalties  due hereunder; to dispose of taxes and
penalties so collected in the  manner  hereinafter  provided;
and  to  determine  all rights to credit memoranda arising on
account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with this paragraph,
the Department and persons who are subject to this  paragraph
shall have the same rights, remedies, privileges, immunities,
powers  and  duties,  and  be subject to the same conditions,
restrictions, limitations, penalties, exclusions,  exemptions
and  definitions  of  terms  and  employ  the  same  modes of
procedure as are prescribed in Sections 1a-1, 2 (except  that
the   reference  to  State  in  the  definition  of  supplier
maintaining a place of business in this State shall mean  the
Authority),  2a, 3 through 3-50 (in respect to all provisions
therein other than the State rate of tax), 4 (except that the
reference to the State shall be to the Authority),  5,  7,  8
(except  that  the  jurisdiction  to which the tax shall be a
debt to the extent indicated in that Section 8 shall  be  the
District),  9  (except  as  to  the  disposition of taxes and
penalties collected, and except that the returned merchandise
credit for this tax may not be taken against any State  tax),
10, 11, 12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference
to the State shall mean the District), the first paragraph of
Section  15,  16, 17, 18, 19 and 20 of the Service Occupation
Tax Act and Section 3-7 of the Uniform Penalty  and  Interest
Act, as fully as if those provisions were set forth herein.
    Persons  subject  to  any tax imposed under the authority
granted in this paragraph may reimburse themselves for  their
serviceman's  tax  liability  hereunder by separately stating
the tax as an additional charge, which charge may  be  stated
in  combination,  in  a  single  amount,  with State tax that
servicemen are authorized to collect under  the  Service  Use
Tax  Act,  in  accordance  with such bracket schedules as the
Department may prescribe.
    Whenever the Department determines that a  refund  should
be made under this paragraph to a claimant instead of issuing
a  credit  memorandum,  the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for  the
amount   specified,   and   to   the  person  named,  in  the
notification from the Department.  The refund shall  be  paid
by  the  State  Treasurer  out of the Metro East Mass Transit
District tax fund established under  paragraph  (g)  of  this
Section.
    Nothing in this paragraph shall be construed to authorize
the  District  to impose a tax upon the privilege of engaging
in any business which under the Constitution  of  the  United
States may not be made the subject of taxation by the State.
    (d)  If  a  tax  has been imposed under subsection (b), a
Metro East Mass  Transit  District  Use  Tax  shall  also  be
imposed  upon  the  privilege  of using, in the district, any
item of tangible personal property that is purchased  outside
the district at retail from a retailer, and that is titled or
registered  with  an  agency of this State's government, at a
rate of 1/4%, or as authorized under subsection (d-5) of this
Section, of  the  selling  price  of  the  tangible  personal
property  within  the District, as "selling price" is defined
in the Use Tax Act.  The tax shall be collected from  persons
whose  Illinois  address for titling or registration purposes
is given  as  being  in  the  District.   The  tax  shall  be
collected  by  the  Department  of Revenue for the Metro East
Mass Transit District.  The tax must be paid to the State, or
an  exemption  determination  must  be  obtained   from   the
Department  of  Revenue,  before  the title or certificate of
registration for the property may  be  issued.   The  tax  or
proof  of  exemption  may be transmitted to the Department by
way of the State agency with which, or the State officer with
whom, the  tangible  personal  property  must  be  titled  or
registered  if  the  Department and the State agency or State
officer determine  that  this  procedure  will  expedite  the
processing of applications for title or registration.
    The  Department  shall  have full power to administer and
enforce this paragraph; to collect all taxes,  penalties  and
interest  due  hereunder;  to dispose of taxes, penalties and
interest so collected in the manner hereinafter provided; and
to determine  all  rights  to  credit  memoranda  or  refunds
arising  on  account of the erroneous payment of tax, penalty
or  interest  hereunder.  In  the  administration   of,   and
compliance  with,  this paragraph, the Department and persons
who are subject to this paragraph shall have the same rights,
remedies, privileges, immunities, powers and duties,  and  be
subject  to  the  same conditions, restrictions, limitations,
penalties, exclusions, exemptions and  definitions  of  terms
and  employ the same modes of procedure, as are prescribed in
Sections 2 (except the definition of "retailer maintaining  a
place  of  business  in  this State"), 3 through 3-80 (except
provisions pertaining to the State rate of  tax,  and  except
provisions  concerning  collection or refunding of the tax by
retailers), 4, 11, 12, 12a, 14, 15, 19 (except  the  portions
pertaining  to  claims  by  retailers  and  except  the  last
paragraph  concerning  refunds), 20, 21 and 22 of the Use Tax
Act and Section 3-7 of the Uniform Penalty and Interest  Act,
that are not inconsistent with this paragraph, as fully as if
those provisions were set forth herein.
    Whenever  the  Department determines that a refund should
be made under this paragraph to a claimant instead of issuing
a credit memorandum, the Department shall  notify  the  State
Comptroller,  who  shall  cause the order to be drawn for the
amount  specified,  and  to  the   person   named,   in   the
notification from the Department. The refund shall be paid by
the  State  Treasurer  out  of  the  Metro  East Mass Transit
District tax fund established under  paragraph  (g)  of  this
Section.
    (d-5)  The  county  board  of any county participating in
the Metro  East  Mass  Transit  District  may  authorize,  by
ordinance,  a  referendum  on the question of whether the tax
rates for the Metro East  Mass  Transit  District  Retailers'
Occupation  Tax, the Metro East Mass Transit District Service
Occupation Tax, and the Metro East Mass Transit District  Use
Tax for the District should be increased from 0.25% to 0.75%.
Upon  adopting  the ordinance, the county board shall certify
the proposition to the proper election  officials  who  shall
submit  the  proposition to the voters of the District at the
next election, in accordance with the general election law.
    The proposition shall be in substantially  the  following
form:
         Shall  the tax rates for the Metro East Mass Transit
    District Retailers' Occupation Tax, the Metro  East  Mass
    Transit  District  Service  Occupation Tax, and the Metro
    East Mass Transit District Use  Tax  be   increased  from
    0.25% to 0.75%?
    The  votes  shall  be  recorded  as  "YES"  or "NO". If a
majority of all votes cast on the  proposition  are  for  the
increase  in  the  tax  rates,  the  Metro  East Mass Transit
District shall begin imposing  the  increased  rates  in  the
District,   and   the   Department  of  Revenue  shall  begin
collecting the increased  amounts,  as  provided  under  this
Section.   An  ordinance  imposing  or  discontinuing  a  tax
hereunder or effecting a change in the rate thereof shall  be
adopted   and   a  certified  copy  thereof  filed  with  the
Department on or before the first day of  October,  whereupon
the  Department  shall proceed to administer and enforce this
Section as of the first day of  January  next  following  the
adoption and filing.
    If  the  voters  have  approved  a  referendum under this
subsection, before November 1, 1994, to increase the tax rate
under this subsection, the Metro East Mass  Transit  District
Board  of  Trustees may adopt by a majority vote an ordinance
at any time before January 1, 1995  that  excludes  from  the
rate  increase  tangible  personal property that is titled or
registered with an agency of this  State's  government.   The
ordinance  excluding  titled  or registered tangible personal
property from the  rate  increase  must  be  filed  with  the
Department at least 15 days before its effective date. At any
time  after  adopting  an  ordinance  excluding from the rate
increase  tangible  personal  property  that  is  titled   or
registered  with  an  agency  of this State's government, the
Metro East Mass Transit District Board of Trustees may  adopt
an  ordinance  applying  the  rate  increase to that tangible
personal property. The ordinance  shall  be  adopted,  and  a
certified  copy  of  that  ordinance  shall be filed with the
Department, on or before October 1, whereupon the  Department
shall  proceed  to  administer  and enforce the rate increase
against tangible personal property titled or registered  with
an  agency  of  this  State's  government as of the following
January 1.  After  December  31,  1995,  any  reimposed  rate
increase  in  effect  under  this  subsection shall no longer
apply to tangible personal property titled or registered with
an agency of this State's government.  Beginning  January  1,
1996,  the  Board  of Trustees of any Metro East Mass Transit
District may never reimpose a previously  excluded  tax  rate
increase  on  tangible personal property titled or registered
with an agency of this State's government.
    (d-6)  If the Board of Trustees of any  Metro  East  Mass
Transit District has imposed a rate increase under subsection
(d-5)  and  filed an ordinance with the Department of Revenue
excluding titled property from the  higher  rate,  then  that
Board  may,  by  ordinance  adopted  with  the concurrence of
two-thirds  of  the  then  trustees,  impose  throughout  the
District a fee.  The fee on the excluded property  shall  not
exceed  $20  per retail transaction or an amount equal to the
amount of  tax  excluded,  whichever  is  less,  on  tangible
personal property that is titled or registered with an agency
of  this  State's  government.   The Board of Trustees of any
Metro East Mass Transit District shall  have  full  power  to
administer  and  enforce this subsection and to determine all
rights to credit memoranda or refunds arising on  account  of
the  erroneous payment of the fee hereunder.  The Board shall
proceed to administer and enforce this subsection as  of  the
first  day  of the second month following the adoption of the
ordinance.
    (d-7)  If a fee has been imposed under subsection  (d-6),
a  fee  shall also be imposed upon the privilege of using, in
the district, any item of tangible personal property that  is
titled   or  registered  with  any  agency  of  this  State's
government, in an amount equal  to  the  amount  of  the  fee
imposed under subsection (d-6).  The Board of Trustees of any
Metro  East  Mass  Transit  District shall have full power to
administer and enforce this subsection and to  determine  all
rights  to  credit memoranda or refunds arising on account of
the erroneous payment of the fee hereunder.  The Board  shall
proceed   to   administer   and   enforce   this   subsection
concurrently with the administration of the fee imposed under
subsection (d-6).
    (d-8)  No  item  of  titled  property shall be subject to
both the higher rate approved by  referendum,  as  authorized
under  subsection (d-5), and any fee imposed under subsection
(d-6) or (d-7).
    (d-9)  If fees have been imposed under subsections  (d-6)
and  (d-7),  the  Board shall forward a copy of the ordinance
adopting such fees, which shall  include  all  zip  codes  in
whole  or  in  part within the boundaries of the district, to
the Secretary of State within thirty days.  By  the  25th  of
each month, the Secretary of State shall subsequently provide
the  Board  with  a  list of identifiable retail transactions
subject to the .25% rate occurring within the zip codes which
are in whole or in part within the boundaries of the district
and a list of title applications  for  addresses  within  the
boundaries of the district for the previous month.
    (d-10)  In  the  event  that  a  retailer  fails  to  pay
applicable   fees   within   30  days  of  the  date  of  the
transaction, a penalty shall be assessed at the rate  of  25%
of  the  amount  of  fees.   Interest  on  both late fees and
penalties shall be assessed at the rate of 1% per month.  All
fees, penalties, and attorney fees shall constitute a lien on
the personal and real property of the retailer.  The Board of
Trustees of any Metro East Transit District shall  have  full
power to administer and enforce this subsection.
    (e)  A  certificate  of  registration issued by the State
Department of Revenue to  a  retailer  under  the  Retailers'
Occupation  Tax  Act  or under the Service Occupation Tax Act
shall permit the registrant to engage in a business  that  is
taxed  under the tax imposed under paragraphs (b), (c) or (d)
of this Section  and  no  additional  registration  shall  be
required  under  the  tax. A certificate issued under the Use
Tax Act or the Service Use Tax Act shall be  applicable  with
regard  to  any  tax  imposed  under  paragraph  (c)  of this
Section.
    (f)  The Board may impose a replacement  vehicle  tax  of
$50  on any passenger car, as defined in Section 1-157 of the
Illinois Vehicle Code, purchased within the district area  by
or  on  behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance  imposing
the  tax  and receipt of a certified copy of the ordinance by
the Department of Revenue.  The Department of  Revenue  shall
collect  the tax for the district in accordance with Sections
3-2002 and 3-2003 of the Illinois Vehicle Code.
    The Department shall immediately pay over  to  the  State
Treasurer,  ex  officio,  as  trustee,  all  taxes  collected
hereunder.  On or before the 25th day of each calendar month,
the  Department  shall prepare and certify to the Comptroller
the disbursement of stated sums of money to named  districts,
the  districts  to  be  those  from which retailers have paid
taxes or penalties hereunder to  the  Department  during  the
second  preceding  calendar  month.  The amount to be paid to
each district shall be the amount collected hereunder  during
the  second  preceding calendar month by the Department, less
any amount determined by the Department to be  necessary  for
the  payment of refunds.  Within 10 days after receipt by the
Comptroller  of  the  disbursement   certification   to   the
districts,  provided  for  in this Section to be given to the
Comptroller by the Department, the  Comptroller  shall  cause
the  orders  to  be  drawn  for  the  respective  amounts  in
accordance    with    the   directions   contained   in   the
certification.
    (g)  Any ordinance  imposing  or  discontinuing  any  tax
under  this  Section  shall  be  adopted and a certified copy
thereof filed with  the  Department  on  or  before  June  1,
whereupon   the   Department  of  Revenue  shall  proceed  to
administer and enforce this Section on behalf  of  the  Metro
East  Mass  Transit District as of September 1 next following
such adoption and filing.   Beginning  January  1,  1992,  an
ordinance  or  resolution  imposing  or discontinuing the tax
hereunder shall be adopted and a certified copy thereof filed
with the Department on or  before  the  first  day  of  July,
whereupon  the  Department  shall  proceed  to administer and
enforce this Section as of the  first  day  of  October  next
following  such  adoption  and  filing.  Beginning January 1,
1993, except as provided in subsection (d-5) of this Section,
an ordinance or resolution imposing or discontinuing the  tax
hereunder shall be adopted and a certified copy thereof filed
with  the  Department  on or before the first day of October,
whereupon the Department  shall  proceed  to  administer  and
enforce  this  Section  as  of  the first day of January next
following such adoption and filing.
    (h)  The  State  Department  of   Revenue   shall,   upon
collecting  any  taxes  as  provided in this Section, pay the
taxes  over  to  the  State  Treasurer  as  trustee  for  the
District. The taxes shall be held in a trust fund outside the
State Treasury. On or before the 25th day  of  each  calendar
month,  the  State  Department  of  Revenue shall prepare and
certify to the Comptroller  of  the  State  of  Illinois  the
amount  to  be  paid to the District, which shall be the then
balance in the  fund,  less  any  amount  determined  by  the
Department to be necessary for the payment of refunds. Within
10 days after receipt by the Comptroller of the certification
of  the  amount  to  be paid to the District, the Comptroller
shall cause an order to be drawn for payment for  the  amount
in accordance with the direction in the certification.
(Source:  P.A.  88-115;  88-672,  eff. 12-14-94; 89-436, eff.
1-1-96; 89-705, eff. 1-31-97.)

    Section 160.  The Regional Transportation  Authority  Act
is amended by re-enacting Sections 4.01, 4.03, 4.04, and 4.09
follows:

    (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
    Sec. 4.01.  Budget and Program.
    (a)  The   Board   shall  control  the  finances  of  the
Authority. It shall by ordinance appropriate money to perform
the Authority's purposes and provide for payment of debts and
expenses of the Authority.  Each  year  the  Authority  shall
prepare and publish a comprehensive annual budget and program
document describing the state of the Authority and presenting
for  the  forthcoming  fiscal  year the Authority's plans for
such operations and capital  expenditures  as  the  Authority
intends  to  undertake  and  the means by which it intends to
finance them. The proposed program and budget shall contain a
statement of the  funds  estimated  to  be  on  hand  at  the
beginning  of  the  fiscal  year,  the  funds estimated to be
received from  all  sources  for  such  year  and  the  funds
estimated  to  be  on  hand  at  the  end of such year. After
adoption of  the  Authority's  first  Five-Year  Program,  as
provided  in  Section  2.01 of this Act, the proposed program
and budget shall specifically identify any respect  in  which
the  recommended  program  deviates from the Authority's then
existing Five-Year  Program,  giving  the  reasons  for  such
deviation.  The  fiscal  year of the Authority shall begin on
January 1st and end on the succeeding  December  31st  except
that  the  fiscal  year that began October 1, 1982, shall end
December 31, 1983.  By July 1st 1981 and  July  1st  of  each
year  thereafter  the  Director of the Illinois Bureau of the
Budget shall submit to the Authority an estimate of  revenues
for  the  next  fiscal  year  to  be collected from the taxes
imposed by the Authority and the amounts to be  available  in
the    Public    Transportation   Fund   and   the   Regional
Transportation Authority Occupation and Use  Tax  Replacement
Fund.  For  the  fiscal year ending on December 31, 1983, the
Board shall report its results from operations and  financial
condition to the General Assembly and the Governor by January
31.  For  the  fiscal  year  beginning  January  1, 1984, and
thereafter, the budget and program shall be presented to  the
General   Assembly  and  the  Governor  not  later  than  the
preceding December 31st.   Before  the  proposed  budget  and
program  is  adopted,  the  Authority shall hold at least one
public hearing thereon in the metropolitan region. The  Board
shall  hold  at  least  one  meeting for consideration of the
proposed program and budget with the county board of each  of
the  several  counties  in  the  metropolitan  region.  After
conducting such hearings and holding such meetings and  after
making such changes in the proposed program and budget as the
Board  deems  appropriate,  the  Board shall adopt its annual
budget ordinance. The ordinance may be adopted only upon  the
affirmative  votes  of 9 of its then Directors. The ordinance
shall appropriate such sums of money as are deemed  necessary
to  defray  all  necessary  expenses  and  obligations of the
Authority, specifying purposes and the  objects  or  programs
for which appropriations are made and the amount appropriated
for   each  object  or  program.  Additional  appropriations,
transfers between items and other changes in  such  ordinance
may  be  made  from  time  to  time  by  the  Board  upon the
affirmative votes of 9 of its then Directors.
    (b)  The budget shall show a balance between  anticipated
revenues  from all sources and anticipated expenses including
funding  of  operating   deficits   or   the   discharge   of
encumbrances   incurred  in  prior  periods  and  payment  of
principal and interest when due, and shall show cash balances
sufficient to pay with reasonable promptness all  obligations
and expenses as incurred.
    The  annual  budget and financial plan must show that the
level of fares and charges for mass  transportation  provided
by,  or  under grant or purchase of service contracts of, the
Service Boards is sufficient to cause the  aggregate  of  all
projected  fare revenues from such fares and charges received
in each fiscal year to equal at least 50%  of  the  aggregate
costs  of providing such public transportation in such fiscal
year.  "Fare revenues" include the proceeds of all fares  and
charges  for  services  provided,  contributions  received in
connection with public transportation  from  units  of  local
government  other  than  the  Authority  and  from  the State
pursuant to subsection (9) of  Section  49.19  of  the  Civil
Administrative  Code  of  Illinois,  and  all other operating
revenues properly included consistent with generally accepted
accounting principles but do not include the proceeds of  any
borrowings.   "Costs"  include all items properly included as
operating costs consistent with generally accepted accounting
principles,  including  administrative  costs,  but  do   not
include:  depreciation;  payment of principal and interest on
bonds, notes or other evidences of  obligation  for  borrowed
money  issued  by  the  Authority;  payments  with respect to
public transportation facilities made pursuant to  subsection
(b) of Section 2.20 of this Act; any payments with respect to
rate  protection  contracts, credit enhancements or liquidity
agreements made under Section 4.14; any other cost  to  which
it is reasonably expected that a cash expenditure will not be
made;  costs up to $5,000,000 annually for passenger security
including  grants,  contracts,   personnel,   equipment   and
administrative  expenses,  except  in the case of the Chicago
Transit Authority, in which case the term  does  not  include
costs  spent  annually  by that entity for protection against
crime as required by Section 27a of the Metropolitan  Transit
Authority Act; or costs as exempted by the Board for projects
pursuant to Section 2.09 of this Act.
    (c)  The  actual administrative expenses of the Authority
for the fiscal year commencing January 1, 1985 may not exceed
$5,000,000.  The  actual  administrative  expenses   of   the
Authority for the fiscal year commencing January 1, 1986, and
for  each fiscal year thereafter shall not exceed the maximum
administrative expenses for the previous fiscal year plus 5%.
"Administrative expenses" are defined for  purposes  of  this
Section  as  all  expenses  except:  (1) capital expenses and
purchases of the Authority on behalf of the  Service  Boards;
(2)  payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of  obligation
for  borrowed  money  issued  by the Authority; (4) costs for
passenger security including  grants,  contracts,  personnel,
equipment  and  administrative  expenses;  (5)  payments with
respect to public transportation facilities made pursuant  to
subsection  (b)  of  Section  2.20  of  this Act; and (6) any
payments with respect to rate  protection  contracts,  credit
enhancements or liquidity agreements made pursuant to Section
4.14.
    (d)  After  withholding  15%  of  the proceeds of any tax
imposed by the Authority and 15% of  money  received  by  the
Authority   from   the   Regional   Transportation  Authority
Occupation and Use Tax  Replacement  Fund,  the  Board  shall
allocate  the  proceeds  and  money  remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds
of those taxes collected within the City of Chicago  and  85%
of  the  money  received  by  the  Authority  on  account  of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the County and Mass Transit
District Fund attributable to retail sales within the City of
Chicago  shall be allocated to the Chicago Transit Authority;
(2) an amount equal to 85% of the  proceeds  of  those  taxes
collected  within Cook County outside the City of Chicago and
85% of the money received by  the  Authority  on  account  of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the County and Mass Transit
District Fund attributable to retail sales within Cook County
outside  of the city of Chicago shall be allocated 30% to the
Chicago Transit Authority, 55% to the Commuter Rail Board and
15% to the Suburban Bus Board; and (3) an amount equal to 85%
of the proceeds of the taxes collected within the Counties of
DuPage, Kane, Lake, McHenry and Will shall be  allocated  70%
to the Commuter Rail Board and 30% to the Suburban Bus Board.
    (e)  Moneys  received  by  the  Authority  on  account of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund  from the State and Local  Sales
Tax  Reform  Fund  shall be allocated among the Authority and
the Service Boards as follows: 15% of such  moneys  shall  be
retained  by  the  Authority  and  the remaining 85% shall be
transferred  to  the  Service  Boards  as  soon  as  may   be
practicable  after  the  Authority  receives payment.  Moneys
which are distributable to the Service Boards pursuant to the
preceding sentence  shall  be  allocated  among  the  Service
Boards  on  the  basis  of  each Service Board's distribution
ratio.  The term "distribution ratio" means, for purposes  of
this  subsection  (e)  of this Section 4.01, the ratio of the
total amount distributed  to  a  Service  Board  pursuant  to
subsection  (d) of Section 4.01 for the immediately preceding
calendar year to the total amount distributed to all  of  the
Service Boards pursuant to subsection (d) of Section 4.01 for
the immediately preceding calendar year.
    To  further  and accomplish the preparation of the annual
budget and program as well as the Five-Year Program  provided
for  in  Section  2.01  of  this Act and to make such interim
management decisions as may be  necessary,  the  Board  shall
employ  staff  which shall: (1) evaluate for the Board public
transportation   programs    operated    or    proposed    by
transportation agencies in terms of goals, costs and relative
priorities;  (2)  keep  the  Board  informed  of  the  public
transportation   programs   and   accomplishments   of   such
transportation  agencies;  and (3) coordinate the development
and implementation of public transportation programs  to  the
end  that  the  monies  available  to  the  Authority  may be
expended in the most  economical  manner  possible  with  the
least  possible  duplication.  Under  such regulations as the
Board  may  prescribe,  all  Service  Boards,  transportation
agencies, comprehensive planning agencies  or  transportation
planning agencies in the metropolitan region shall furnish to
the    Board    such   information   pertaining   to   public
transportation or relevant for plans therefor as it may  from
time  to  time  require,  upon  payment to any such agency or
Service Board of the reasonable additional  cost  of  its  so
providing   such  information  except  as  may  otherwise  be
provided by agreement with the Authority, and  the  Board  or
any  duly  authorized  employee  of  the Board shall, for the
purpose of securing such information, have access to, and the
right to examine, all books, documents, papers or records  of
any  such  agency  or  Service  Board  pertaining  to  public
transportation or relevant for plans therefor.
(Source: P.A. 86-16; 86-463; 86-928; 86-1028; 87-764.)

    (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
    Sec. 4.03.  Taxes.
    (a)  In  order to carry out any of the powers or purposes
of the Authority, the Board may by ordinance adopted with the
concurrence of 9 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in  this
Section.  Except  as  otherwise  provided  in this Act, taxes
imposed  under  this  Section  and  civil  penalties  imposed
incident thereto shall be collected and enforced by the State
Department of Revenue. The Department shall have the power to
administer and enforce the taxes and to determine all  rights
for refunds for erroneous payments of the taxes.
    (b)  The  Board  may  impose  a public transportation tax
upon all persons engaged in the metropolitan  region  in  the
business  of  selling  at  retail motor fuel for operation of
motor vehicles upon public highways. The tax shall  be  at  a
rate not to exceed 5% of the gross receipts from the sales of
motor  fuel  in  the course of the business.  As used in this
Act, the term "motor fuel" shall have the same meaning as  in
the Motor Fuel Tax Act.  The Board may provide for details of
the tax.  The provisions of any tax shall conform, as closely
as  may  be  practicable,  to the provisions of the Municipal
Retailers Occupation Tax Act, including  without  limitation,
conformity  to  penalties with respect to the tax imposed and
as to the powers  of  the  State  Department  of  Revenue  to
promulgate  and enforce rules and regulations relating to the
administration and enforcement of the provisions of  the  tax
imposed, except that reference in the Act to any municipality
shall  refer  to  the  Authority and the tax shall be imposed
only with regard to receipts from sales of motor fuel in  the
metropolitan region, at rates as limited by this Section.
    (c)  In  connection  with the tax imposed under paragraph
(b) of this Section the Board  may  impose  a  tax  upon  the
privilege  of using in the metropolitan region motor fuel for
the operation of a motor vehicle upon  public  highways,  the
tax  to be at a rate not in excess of the rate of tax imposed
under paragraph (b) of this Section.  The Board  may  provide
for details of the tax.
    (d)  The  Board  may  impose  a motor vehicle parking tax
upon the privilege of parking motor  vehicles  at  off-street
parking  facilities in the metropolitan region at which a fee
is charged, and may provide for reasonable classifications in
and exemptions to the tax, for administration and enforcement
thereof and for civil penalties and  refunds  thereunder  and
may   provide  criminal  penalties  thereunder,  the  maximum
penalties  not  to  exceed  the  maximum  criminal  penalties
provided in the Retailers' Occupation Tax Act. The  Authority
may  collect  and  enforce the tax itself or by contract with
any unit  of  local  government.   The  State  Department  of
Revenue  shall  have no responsibility for the collection and
enforcement unless the Department agrees with  the  Authority
to undertake the collection and enforcement.  As used in this
paragraph,  the  term "parking facility" means a parking area
or structure having parking spaces for more than  2  vehicles
at  which  motor vehicles are permitted to park in return for
an hourly, daily, or other periodic fee, whether publicly  or
privately  owned,  but  does  not include parking spaces on a
public street, the use  of  which  is  regulated  by  parking
meters.
    (e)  The  Board  may  impose  a  Regional  Transportation
Authority  Retailers' Occupation Tax upon all persons engaged
in the business of  selling  tangible  personal  property  at
retail  in  the  metropolitan region.  In Cook County the tax
rate shall be 1% of the gross receipts from sales of food for
human consumption that is to be  consumed  off  the  premises
where it is sold (other than alcoholic beverages, soft drinks
and  food  that  has been prepared for immediate consumption)
and  prescription  and  nonprescription   medicines,   drugs,
medical  appliances  and  insulin,  urine  testing materials,
syringes and needles used by diabetics, and 3/4% of the gross
receipts from other taxable sales made in the course of  that
business.  In DuPage, Kane, Lake, McHenry, and Will Counties,
the  tax  rate  shall  be 1/4% of the gross receipts from all
taxable sales made in the course of that business.   The  tax
imposed  under  this Section and all civil penalties that may
be assessed as an incident thereof  shall  be  collected  and
enforced  by the State Department of Revenue.  The Department
shall have full power to administer and enforce this Section;
to collect all taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights  to  credit
memoranda  arising on account of the erroneous payment of tax
or  penalty  hereunder.   In  the  administration   of,   and
compliance  with this Section, the Department and persons who
are subject to this  Section  shall  have  the  same  rights,
remedies,  privileges,  immunities, powers and duties, and be
subject to the same  conditions,  restrictions,  limitations,
penalties,  exclusions,  exemptions and definitions of terms,
and employ the same modes of procedure, as are prescribed  in
Sections  1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all provisions therein other  than  the  State
rate  of  tax),  2c, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e,  5f,  5g,
5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13
of  the  Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and  Interest  Act,  as  fully  as  if  those
provisions were set forth herein.
    Persons  subject  to  any tax imposed under the authority
granted in this Section may reimburse  themselves  for  their
seller's  tax  liability  hereunder by separately stating the
tax as an additional charge, which charge may  be  stated  in
combination  in a single amount with State taxes that sellers
are required to collect under the  Use  Tax  Act,  under  any
bracket schedules the Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this Section to a claimant instead of issuing a
credit memorandum, the  Department  shall  notify  the  State
Comptroller,  who shall cause the warrant to be drawn for the
amount  specified,  and  to  the   person   named,   in   the
notification  from  the Department.  The refund shall be paid
by the State Treasurer out  of  the  Regional  Transportation
Authority  tax  fund  established under paragraph (n) of this
Section.
    If a tax is imposed under  this  subsection  (e),  a  tax
shall  also  be imposed under subsections (f) and (g) of this
Section.
    For the purpose of determining whether a  tax  authorized
under this Section is applicable, a retail sale by a producer
of  coal  or  other  mineral  mined in Illinois, is a sale at
retail at the place where the coal or other mineral mined  in
Illinois is extracted from the earth. This paragraph does not
apply  to  coal  or  other  mineral  when  it is delivered or
shipped by the seller to the purchaser  at  a  point  outside
Illinois  so  that  the  sale  is  exempt  under  the Federal
Constitution as a sale in interstate or foreign commerce.
    Nothing in this Section shall be construed  to  authorize
the  Regional  Transportation  Authority to impose a tax upon
the privilege of engaging in  any  business  that  under  the
Constitution of the United States may not be made the subject
of taxation by this State.
    (f)  If a tax has been imposed under paragraph (e), a tax
shall  also  be  imposed  upon  all  persons  engaged, in the
metropolitan region  in  the  business  of  making  sales  of
service,  who  as an incident to making the sales of service,
transfer tangible personal property within  the  metropolitan
region,  either  in the form of tangible personal property or
in the form of real estate  as  an  incident  to  a  sale  of
service.   In  Cook County, the tax rate shall be:  (1) 1% of
the serviceman's cost price of food  prepared  for  immediate
consumption  and  transferred  incident  to a sale of service
subject to the service occupation tax by an  entity  licensed
under the Hospital Licensing Act or the Nursing Home Care Act
that  is  located  in  the metropolitan region; (2) 1% of the
selling price of food for human consumption  that  is  to  be
consumed  off  the  premises  where  it  is  sold (other than
alcoholic beverages, soft  drinks  and  food  that  has  been
prepared  for  immediate  consumption)  and  prescription and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin, urine testing materials, syringes and  needles  used
by  diabetics;  and  (3) 3/4% of the selling price from other
taxable sales of tangible personal property transferred.   In
DuPage,  Kane, Lake, McHenry and Will Counties the rate shall
be 1/4%  of  the  selling  price  of  all  tangible  personal
property transferred.
    The  tax  imposed  under  this  paragraph  and  all civil
penalties that may be assessed as an incident  thereof  shall
be collected and enforced by the State Department of Revenue.
The  Department  shall  have  full  power  to  administer and
enforce this paragraph; to collect all  taxes  and  penalties
due hereunder; to dispose of taxes and penalties collected in
the  manner hereinafter provided; and to determine all rights
to credit memoranda  arising  on  account  of  the  erroneous
payment  of  tax or penalty hereunder.  In the administration
of and compliance with this  paragraph,  the  Department  and
persons who are subject to this paragraph shall have the same
rights,  remedies, privileges, immunities, powers and duties,
and  be  subject  to  the  same   conditions,   restrictions,
limitations,    penalties,    exclusions,    exemptions   and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
respect to all provisions therein other than the  State  rate
of  tax),  4 (except that the reference to the State shall be
to the Authority), 5, 7, 8 (except that the  jurisdiction  to
which the tax shall be a debt to the extent indicated in that
Section  8  shall  be  the  Authority),  9  (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this tax may not be taken
against any State tax), 10,  11,  12  (except  the  reference
therein  to Section 2b of the Retailers' Occupation Tax Act),
13 (except that any reference to the  State  shall  mean  the
Authority), the first paragraph of Section 15, 16, 17, 18, 19
and  20  of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully  as  if  those
provisions were set forth herein.
    Persons  subject  to  any tax imposed under the authority
granted in this paragraph may reimburse themselves for  their
serviceman's  tax  liability  hereunder by separately stating
the tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under  the  Service  Use  Tax  Act,
under any bracket schedules the Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this paragraph to a claimant instead of issuing
a credit memorandum, the Department shall  notify  the  State
Comptroller,  who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department.  The refund shall be paid by  the  State
Treasurer  out  of  the Regional Transportation Authority tax
fund established under paragraph (n) of this Section.
    Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of  engaging
in  any  business  that  under the Constitution of the United
States may not be made the subject of taxation by the State.
    (g)  If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the  privilege  of  using  in  the
metropolitan  region,  any item of tangible personal property
that is purchased outside the metropolitan region  at  retail
from  a  retailer,  and  that is titled or registered with an
agency of this State's government.  In Cook  County  the  tax
rate  shall  be  3/4%  of  the  selling price of the tangible
personal property, as "selling price" is defined in  the  Use
Tax  Act.   In  DuPage, Kane, Lake, McHenry and Will counties
the tax rate shall be  1/4%  of  the  selling  price  of  the
tangible  personal property, as "selling price" is defined in
the Use Tax Act.  The tax shall  be  collected  from  persons
whose  Illinois  address for titling or registration purposes
is given as being in the metropolitan region. The  tax  shall
be  collected  by  the Department of Revenue for the Regional
Transportation Authority.  The tax must be paid to the State,
or an exemption  determination  must  be  obtained  from  the
Department  of  Revenue,  before  the title or certificate of
registration for the property may be issued. The tax or proof
of exemption may be transmitted to the Department by  way  of
the  State agency with which, or the State officer with whom,
the tangible personal property must be titled  or  registered
if  the  Department  and  the  State  agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
    The Department shall have full power  to  administer  and
enforce  this  paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of  taxes,  penalties  and
interest collected in the manner hereinafter provided; and to
determine  all  rights to credit memoranda or refunds arising
on account of  the  erroneous  payment  of  tax,  penalty  or
interest  hereunder.  In the administration of and compliance
with this paragraph,  the  Department  and  persons  who  are
subject  to  this  paragraph  shall  have  the  same  rights,
remedies,  privileges,  immunities, powers and duties, and be
subject to the same  conditions,  restrictions,  limitations,
penalties,  exclusions,  exemptions  and definitions of terms
and employ the same modes of procedure, as are prescribed  in
Sections  2 (except the definition of "retailer maintaining a
place of business in this State"),  3  through  3-80  (except
provisions  pertaining  to  the State rate of tax, and except
provisions concerning collection or refunding of the  tax  by
retailers),  4,  11, 12, 12a, 14, 15, 19 (except the portions
pertaining  to  claims  by  retailers  and  except  the  last
paragraph concerning refunds), 20, 21 and 22 of the  Use  Tax
Act,  and  are not inconsistent with this paragraph, as fully
as if those provisions were set forth herein.
    Whenever the Department determines that a  refund  should
be made under this paragraph to a claimant instead of issuing
a  credit  memorandum,  the Department shall notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount specified, and to the person named in the notification
from  the  Department.  The refund shall be paid by the State
Treasurer out of the Regional  Transportation  Authority  tax
fund established under paragraph (n) of this Section.
    (h)  The  Authority  may impose a replacement vehicle tax
of $50 on any passenger car as defined in  Section  1-157  of
the  Illinois  Vehicle Code purchased within the metropolitan
region by or on behalf of an insurance company to  replace  a
passenger  car  of an insured person in settlement of a total
loss claim. The tax imposed may not become  effective  before
the  first  day  of  the  month  following the passage of the
ordinance imposing the tax and receipt of a certified copy of
the ordinance by the Department of Revenue.   The  Department
of  Revenue  shall  collect  the  tax  for  the  Authority in
accordance with Sections 3-2002 and 3-2003  of  the  Illinois
Vehicle Code.
    The  Department  shall  immediately pay over to the State
Treasurer,  ex  officio,  as  trustee,  all  taxes  collected
hereunder.  On or before the 25th day of each calendar month,
the Department shall prepare and certify to  the  Comptroller
the  disbursement  of  stated sums of money to the Authority.
The amount to be paid to the Authority shall  be  the  amount
collected  hereunder  during  the  second  preceding calendar
month by the Department, less any amount  determined  by  the
Department  to  be  necessary  for  the  payment  of refunds.
Within 10 days  after  receipt  by  the  Comptroller  of  the
disbursement  certification  to the Authority provided for in
this  Section  to  be  given  to  the  Comptroller   by   the
Department,  the  Comptroller  shall  cause  the orders to be
drawn for that  amount  in  accordance  with  the  directions
contained in the certification.
    (i)  The  Board  may not impose any other taxes except as
it may from time to time be authorized by law to impose.
    (j)  A certificate of registration issued  by  the  State
Department  of  Revenue  to  a  retailer under the Retailers'
Occupation Tax Act or under the Service  Occupation  Tax  Act
shall  permit  the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration  shall  be
required  under  the tax.  A certificate issued under the Use
Tax Act or the Service Use Tax Act shall be  applicable  with
regard  to  any  tax  imposed  under  paragraph  (c)  of this
Section.
    (k)  The provisions of any tax  imposed  under  paragraph
(c)  of  this  Section  shall  conform  as  closely as may be
practicable to the provisions of the Use Tax  Act,  including
without limitation conformity as to penalties with respect to
the  tax imposed and as to the powers of the State Department
of Revenue to promulgate and enforce  rules  and  regulations
relating   to  the  administration  and  enforcement  of  the
provisions of the tax imposed. The  taxes  shall  be  imposed
only  on  use  within the metropolitan region and at rates as
provided in the paragraph.
    (l)  The  Board  in  imposing  any  tax  as  provided  in
paragraphs (b) and (c) of this Section, shall, after  seeking
the  advice of the State Department of Revenue, provide means
for retailers, users or purchasers of motor fuel for purposes
other than those with  regard  to  which  the  taxes  may  be
imposed as provided in those paragraphs to receive refunds of
taxes  improperly  paid,  which provisions may be at variance
with the refund provisions as applicable under the  Municipal
Retailers  Occupation  Tax  Act.   The  State  Department  of
Revenue  may  provide  for  certificates  of registration for
users or purchasers of motor fuel  for  purposes  other  than
those  with  regard to which taxes may be imposed as provided
in paragraphs (b) and (c) of this Section to  facilitate  the
reporting and nontaxability of the exempt sales or uses.
    (m)  Any  ordinance  imposing  or  discontinuing  any tax
under this Section shall be  adopted  and  a  certified  copy
thereof  filed  with  the  Department  on  or  before June 1,
whereupon  the  Department  of  Revenue  shall   proceed   to
administer and enforce this Section on behalf of the Regional
Transportation  Authority  as  of  September 1 next following
such adoption and  filing.  Beginning  January  1,  1992,  an
ordinance  or  resolution  imposing  or discontinuing the tax
hereunder shall be adopted and a certified copy thereof filed
with the Department on or  before  the  first  day  of  July,
whereupon  the  Department  shall  proceed  to administer and
enforce this Section as of the  first  day  of  October  next
following  such  adoption  and  filing.  Beginning January 1,
1993, an ordinance or resolution  imposing  or  discontinuing
the  tax  hereunder  shall  be  adopted  and a certified copy
thereof filed with the Department on or before the first  day
of   October,  whereupon  the  Department  shall  proceed  to
administer and enforce this Section as of the  first  day  of
January next following such adoption and filing.
    (n)  The   State   Department   of  Revenue  shall,  upon
collecting any taxes as provided in  this  Section,  pay  the
taxes  over  to  the  State  Treasurer  as  trustee  for  the
Authority.   The  taxes shall be held in a trust fund outside
the State Treasury.  On  or  before  the  25th  day  of  each
calendar month, the State Department of Revenue shall prepare
and  certify  to the Comptroller of the State of Illinois the
amount to be paid to the Authority, which shall be  the  then
balance  in  the  fund,  less  any  amount  determined by the
Department to be necessary for the payment  of  refunds.  The
State  Department  of  Revenue  shall  also  certify  to  the
Authority  the amount of taxes collected in each County other
than Cook County in the metropolitan region less  the  amount
necessary  for  the  payment  of  refunds to taxpayers in the
County.  With regard to the County of Cook, the certification
shall specify the amount of taxes collected within  the  City
of  Chicago  less  the  amount  necessary  for the payment of
refunds to taxpayers in the City of Chicago  and  the  amount
collected  in  that portion of Cook County outside of Chicago
less the amount necessary  for  the  payment  of  refunds  to
taxpayers  in that portion of Cook County outside of Chicago.
Within 10 days  after  receipt  by  the  Comptroller  of  the
certification  of the amount to be paid to the Authority, the
Comptroller shall cause an order to be drawn for the  payment
for  the  amount  in  accordance  with  the  direction in the
certification.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and  each
year  thereafter  to  the  Regional Transportation Authority.
The allocation shall be  made  in  an  amount  equal  to  the
average  monthly  distribution  during the preceding calendar
year (excluding the 2 months  of  lowest  receipts)  and  the
allocation  shall  include  the  amount  of  average  monthly
distribution   from  the  Regional  Transportation  Authority
Occupation and Use Tax Replacement  Fund.   The  distribution
made  in  July  1992  and  each  year  thereafter  under this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this  paragraph  in  the
preceding  calendar  year.   The  Department of Revenue shall
prepare and certify to the Comptroller for  disbursement  the
allocations made in accordance with this paragraph.
    (o)  Failure  to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a  Five-year
Program  or otherwise to comply with paragraph (b) of Section
2.01 of this Act shall not affect the  validity  of  any  tax
imposed by the Authority otherwise in conformity with law.
    (p)  At  no  time  shall  a  public transportation tax or
motor vehicle parking tax authorized  under  paragraphs  (b),
(c)  and (d) of this Section be in effect at the same time as
any retailers' occupation,  use  or  service  occupation  tax
authorized  under paragraphs (e), (f) and (g) of this Section
is in effect.
    Any  taxes  imposed  under  the  authority  provided   in
paragraphs (b), (c) and (d) shall remain in effect only until
the  time as any tax authorized by paragraphs (e), (f) or (g)
of this Section are imposed and becomes effective.  Once  any
tax  authorized  by paragraphs (e), (f) or (g) is imposed the
Board may not reimpose taxes as authorized in paragraphs (b),
(c) and (d) of the  Section  unless  any  tax  authorized  by
paragraphs   (e),   (f)   or  (g)  of  this  Section  becomes
ineffective by means other than an ordinance of the Board.
    (q)  Any  existing  rights,  remedies   and   obligations
(including   enforcement   by   the  Regional  Transportation
Authority) arising under any  tax  imposed  under  paragraphs
(b),  (c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of  this
Section.
(Source:  P.A.  86-928;  86-1475;  86-1481;  87-205;  87-435;
87-876; 87-895.)

    (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
    Sec. 4.04.  Issuance and Pledge of Bonds and Notes.
    (a)  The  Authority  shall  have  the continuing power to
borrow money and to issue its negotiable bonds  or  notes  as
provided  in this Section. Unless otherwise indicated in this
Section, the term "notes"  also  includes  bond  anticipation
notes, which are notes which by their terms provide for their
payment  from  the proceeds of bonds thereafter to be issued.
Bonds or notes of the Authority may be issued for any or  all
of the following purposes: to pay costs to the Authority or a
Service   Board  of  constructing  or  acquiring  any  public
transportation  facilities  (including   funds   and   rights
relating  thereto,  as provided in Section 2.05 of this Act);
to repay advances to the Authority or a  Service  Board  made
for  such purposes; to pay other expenses of the Authority or
a Service Board incident to or incurred  in  connection  with
such  construction  or  acquisition; to provide funds for any
transportation agency to pay  principal  of  or  interest  or
redemption  premium  on  any  bonds or notes, whether as such
amounts become due or by earlier redemption, issued prior  to
the date of this amendatory Act by such transportation agency
to  construct  or acquire public transportation facilities or
to provide funds to purchase such  bonds  or  notes;  and  to
provide  funds  for any transportation agency to construct or
acquire  any  public  transportation  facilities,  to   repay
advances  made  for  such purposes, and to pay other expenses
incident to or incurred in connection with such  construction
or   acquisition;   and  to  provide  funds  for  payment  of
obligations, including the funding  of  reserves,  under  any
self-insurance  plan  or joint self-insurance pool or entity.
In addition to any other borrowing as may  be  authorized  by
this Section, the Authority may issue its notes, from time to
time,  in anticipation of tax receipts of the Authority or of
other revenues or receipts of  the  Authority,  in  order  to
provide  money  for  the  Authority  or the Service Boards to
cover any cash flow deficit which the Authority or a  Service
Board  anticipates incurring.  Any such notes are referred to
in this Section as "Working Cash  Notes".   No  Working  Cash
Notes  shall  be  issued for a term of longer than 18 months.
Proceeds of Working Cash Notes may be used to pay day to  day
operating  expenses  of  the Authority or the Service Boards,
consisting  of   wages,   salaries   and   fringe   benefits,
professional  and technical services (including legal, audit,
engineering and other consulting  services),  office  rental,
furniture, fixtures and equipment, insurance premiums, claims
for  self-insured  amounts  under  insurance policies, public
utility obligations for telephone, light,  heat  and  similar
items,  travel  expenses,  office  supplies,  postage,  dues,
subscriptions, public hearings and information expenses, fuel
purchases, and payments of grants and payments under purchase
of   service  agreements  for  operations  of  transportation
agencies, prior to the receipt by the Authority or a  Service
Board  from  time  to time of funds for paying such expenses.
In addition to any Working Cash Notes that the Board  of  the
Authority may determine to issue, the Suburban Bus Board, the
Commuter  Rail  Board  or  the  Board  of the Chicago Transit
Authority may demand and direct that the Authority issue  its
Working Cash Notes in such amounts and having such maturities
as  the  Service  Board  may  determine.  Notwithstanding any
other provision of this Act, any  amounts  necessary  to  pay
principal of and interest on any Working Cash Notes issued at
the  demand  and  direction of a Service Board or any Working
Cash Notes the proceeds of which were  used  for  the  direct
benefit of a Service Board or any other Bonds or Notes of the
Authority  the  proceeds  of  which  were used for the direct
benefit of a Service Board shall constitute  a  reduction  of
the  amount  of  the  proceeds  of  any  tax  imposed  by the
Authority under Sections 4.03 and 4.03.1 or any  other  funds
provided  by  the Authority to a Service Board. The Authority
shall, after deducting any costs of issuance, tender the  net
proceeds  of  any Working Cash Notes issued at the demand and
direction of a Service Board to such Service Board as soon as
may be practicable  after  the  proceeds  are  received.  The
Authority  may  also  issue  notes or bonds to pay, refund or
redeem  any  of  its  notes  and  bonds,  including  to   pay
redemption  premiums  or  accrued  interest  on such bonds or
notes being renewed, paid or refunded,  and  other  costs  in
connection  therewith.  The  Authority  may  also utilize the
proceeds of any  such  bonds  or  notes  to  pay  the  legal,
financial,   administrative   and   other  expenses  of  such
authorization, issuance, sale or delivery of bonds  or  notes
or  to  provide  or increase a debt service reserve fund with
respect to any or all of its bonds or  notes.  The  Authority
may also issue and deliver its bonds or notes in exchange for
any  public  transportation  facilities, (including funds and
rights relating thereto, as provided in Section 2.05 of  this
Act)  or  in  exchange  for outstanding bonds or notes of the
Authority,  including  any  accrued  interest  or  redemption
premium thereon, without advertising or submitting such notes
or bonds for public bidding.
    (b)  The ordinance providing for the issuance of any such
bonds or notes shall fix the date or dates of  maturity,  the
dates  on which interest is payable, any sinking fund account
or reserve fund account provisions and all other  details  of
such  bonds  or  notes  and may provide for such covenants or
agreements necessary or desirable with regard to  the  issue,
sale  and  security of such bonds or notes. The rate or rates
of interest on its bonds or notes may be  fixed  or  variable
and   the  Authority  shall  determine  or  provide  for  the
determination of the rate or rates of interest of  its  bonds
or notes issued under this Act in an ordinance adopted by the
Authority  prior to the issuance thereof, none of which rates
of interest  shall  exceed  that  permitted  in  "An  Act  to
authorize public corporations to issue bonds, other evidences
of  indebtedness  and  tax  anticipation  warrants subject to
interest rate limitations set forth  therein",  approved  May
26,  1970,  as  now  or  hereafter  amended.  Interest may be
payable annually or semi-annually, or at such other times  as
provided  for by the Board. Bonds and notes issued under this
Section may be issued as serial or term obligations, shall be
of such denomination or  denominations  and  form,  including
interest  coupons to be attached thereto, be executed in such
manner, shall be payable at such place  or  places  and  bear
such  date  as  the  Authority  shall  fix  by  the ordinance
authorizing such bond or note and shall mature at  such  time
or  times, within a period not to exceed forty years from the
date of issue, and may be redeemable prior to  maturity  with
or without premium, at the option of the Authority, upon such
terms  and  conditions  as  the  Authority  shall  fix by the
ordinance authorizing the issuance of such bonds or notes. No
bond anticipation note or any renewal thereof shall mature at
any time or times exceeding 5 years  from  the  date  of  the
first  issuance  of  such note. The Authority may provide for
the registration of bonds or notes in the name of  the  owner
as  to  the  principal  alone  or  as  to  both principal and
interest, upon such terms and conditions as the Authority may
determine. The  ordinance  authorizing  bonds  or  notes  may
provide  for  the  exchange  of such bonds or notes which are
fully registered, as to both  principal  and  interest,  with
bonds  or  notes which are registerable as to principal only.
All bonds or notes issued under this Section by the Authority
other than those issued in exchange for property or for bonds
or notes of the Authority shall be sold at a price which  may
be  at  a premium or discount but such that the interest cost
(excluding any redemption premium) to the  Authority  of  the
proceeds  of  an  issue  of  such bonds or notes, computed to
stated maturity according to standard tables of bond  values,
shall  not  exceed  that  permitted  in  "An Act to authorize
public  corporations  to  issue  bonds,  other  evidences  of
indebtedness  and  tax  anticipation  warrants   subject   to
interest  rate  limitations  set forth therein", approved May
26, 1970, as now or hereafter amended. Such  bonds  or  notes
shall  be  sold  at  such time or times and, until January 1,
1995, in such manner as the Authority  shall  determine.  The
Authority shall notify the Bureau of the Budget and the State
Comptroller  30 days before any bond sale and shall file with
the  Bureau  of  the  Budget  and  the  State  Comptroller  a
certified copy of any ordinance authorizing the  issuance  of
bonds at or before the issuance of the bonds.  After December
31,  1994,  any  such  bonds  or  notes  shall be sold to the
highest and best bidder on sealed bids as the Authority shall
deem. As such bonds or notes are to  be  sold  the  Authority
shall  advertise for proposals to purchase the bonds or notes
which advertisement shall be published at  least  once  in  a
daily  newspaper  of  general  circulation  published  in the
metropolitan region at least 10 days before the time set  for
the submission of bids. The Authority shall have the right to
reject  any or all bids. Notwithstanding any other provisions
of this Section, Working Cash Notes  or  bonds  or  notes  to
provide  funds  for  self-insurance or a joint self-insurance
pool or entity may be sold either upon competitive bidding or
by negotiated sale (without any requirement of publication of
intention to negotiate the sale of such Notes), as the  Board
shall  determine  by  ordinance  adopted with the affirmative
votes of at least 7 Directors.  In  case  any  officer  whose
signature  appears  on any bonds, notes or coupons authorized
pursuant to this Section  shall  cease  to  be  such  officer
before  delivery of such bonds or notes, such signature shall
nevertheless be valid and sufficient for  all  purposes,  the
same  as  if  such  officer had remained in office until such
delivery. Neither the Directors  of  the  Authority  nor  any
person  executing  any bonds or notes thereof shall be liable
personally on any such bonds or notes or coupons by reason of
the issuance thereof.
    (c)  All bonds or notes of the Authority issued  pursuant
to this Section shall be general obligations of the Authority
to  which  shall  be pledged the full faith and credit of the
Authority, as provided in this Section.  Such bonds or  notes
shall  be  secured  as provided in the authorizing ordinance,
which may, notwithstanding any other provision of  this  Act,
include  in addition to any other security, a specific pledge
or assignment of and lien on or security interest in  any  or
all  tax  receipts  of  the Authority and on any or all other
revenues or moneys of  the  Authority  from  whatever  source
which  may by law be utilized for debt service purposes and a
specific pledge or assignment of  and  lien  on  or  security
interest in any funds or accounts established or provided for
by the ordinance of the Authority authorizing the issuance of
such  bonds  or  notes.  Any such pledge, assignment, lien or
security interest for the benefit  of  holders  of  bonds  or
notes  of  the  Authority shall be valid and binding from the
time the bonds or  notes  are  issued  without  any  physical
delivery  or  further  act, and shall be valid and binding as
against and prior to the claims of all other  parties  having
claims  of any kind against the Authority or any other person
irrespective of whether such other  parties  have  notice  of
such  pledge,  assignment,  lien  or  security  interest. The
obligations  of  the  Authority  incurred  pursuant  to  this
Section shall be superior to and have priority over any other
obligations of the Authority. The Authority  may  provide  in
the  ordinance authorizing the issuance of any bonds or notes
issued pursuant to this Section for the creation of, deposits
in, and regulation and disposition of sinking fund or reserve
accounts relating to  such  bonds  or  notes.  The  ordinance
authorizing  the  issuance  of any bonds or notes pursuant to
this Section may contain provisions as part of  the  contract
with the holders of the bonds or notes, for the creation of a
separate  fund  to  provide  for the payment of principal and
interest on such bonds or notes and for the deposit  in  such
fund  from  any  or all the tax receipts of the Authority and
from any  or  all  such  other  moneys  or  revenues  of  the
Authority  from  whatever source which may by law be utilized
for debt service purposes, all as provided in such ordinance,
of amounts to meet the  debt  service  requirements  on  such
bonds  or  notes,  including  principal and interest, and any
sinking fund or reserve fund account requirements as  may  be
provided  by  such ordinance, and all expenses incident to or
in connection with such fund and accounts or the  payment  of
such   bonds  or  notes.  Such  ordinance  may  also  provide
limitations on the issuance of additional bonds or  notes  of
the Authority.  No such bonds or notes of the Authority shall
constitute  a  debt of the State of Illinois. Nothing in this
Act shall be construed to enable the Authority to impose  any
ad valorem tax on property.
    (d)  The  ordinance  of  the  Authority  authorizing  the
issuance  of  any  bonds  or  notes  may  provide  additional
security for such bonds or notes by providing for appointment
of  a  corporate  trustee  (which may be any trust company or
bank having the powers of a trust company within  the  state)
with  respect  to  such  bonds or notes.  The ordinance shall
prescribe the rights, duties and powers of the trustee to  be
exercised for the benefit of the Authority and the protection
of  the  holders  of  such bonds or notes.  The ordinance may
provide for the trustee to hold  in  trust,  invest  and  use
amounts  in  funds  and  accounts  created as provided by the
ordinance with respect to the bonds or notes.  The  ordinance
may  provide  for  the  assignment  and direct payment to the
trustee of any or  all  amounts  produced  from  the  sources
provided  in Section 4.03 of this Act and provided in Section
6z-17 of "An Act in relation to State finance", approved June
10, 1919, as amended.  Upon receipt of  notice  of  any  such
assignment,  the Department of Revenue and the Comptroller of
the State of Illinois shall thereafter,  notwithstanding  the
provisions  of  Section 4.03 of this Act and Section 6z-17 of
"An Act in relation to  State  finance",  approved  June  10,
1919,  as  amended,  provide  for such assigned amounts to be
paid directly to the trustee instead of the Authority, all in
accordance  with  the  terms  of  the  ordinance  making  the
assignment.  The ordinance shall provide that amounts so paid
to the trustee which are not required to be  deposited,  held
or  invested  in  funds and accounts created by the ordinance
with respect to bonds or notes or used for  paying  bonds  or
notes to be paid by the trustee to the Authority.
    (e)  Any  bonds or notes of the Authority issued pursuant
to this Section  shall  constitute  a  contract  between  the
Authority  and the holders from time to time of such bonds or
notes. In issuing any bond or note, the Authority may include
in the ordinance authorizing such issue a covenant as part of
the contract with the holders of the bonds or notes, that  as
long  as such obligations are outstanding, it shall make such
deposits, as provided in paragraph (c) of  this  Section.  It
may  also  so  covenant  that it shall impose and continue to
impose taxes, as provided in Section 4.03 of this Act and  in
addition   thereto   as   subsequently   authorized  by  law,
sufficient to make such deposits and pay  the  principal  and
interest  and to meet other debt service requirements of such
bonds or notes as they become due. A certified  copy  of  the
ordinance  authorizing  the  issuance of any such obligations
shall  be  filed  at  or  prior  to  the  issuance  of   such
obligations with the Comptroller of the State of Illinois and
the Illinois Department of Revenue.
    (f)  The State of Illinois pledges to and agrees with the
holders  of  the  bonds  and  notes  of  the Authority issued
pursuant to this Section that the State  will  not  limit  or
alter  the  rights and powers vested in the Authority by this
Act so as to impair the terms of any  contract  made  by  the
Authority  with  such holders or in any way impair the rights
and remedies of such holders  until  such  bonds  and  notes,
together  with  interest thereon, with interest on any unpaid
installments of interest,  and  all  costs  and  expenses  in
connection  with any action or proceedings by or on behalf of
such holders, are fully met and discharged. In addition,  the
State pledges to and agrees with the holders of the bonds and
notes  of  the Authority issued pursuant to this Section that
the State will not limit or alter the basis  on  which  State
funds  are  to  be  paid to the Authority as provided in this
Act, or the use of such funds, so as to impair the  terms  of
any  such  contract.  The  Authority is authorized to include
these pledges and agreements of the  State  in  any  contract
with  the  holders  of bonds or notes issued pursuant to this
Section.
    (g) (1)  The Authority shall not at any time issue,  sell
or deliver any bonds or notes (other than Working Cash Notes)
pursuant  to  this Section which will cause it to have issued
and outstanding at any time in excess of $500,000,000 of such
bonds  and  notes  (other  than  Working  Cash  Notes).   The
Authority  shall  not  at any time issue, sell or deliver any
Working Cash Notes pursuant to this Section which will  cause
it  to  have  issued and outstanding at any time in excess of
$100,000,000 of Working Cash Notes.  Bonds or notes which are
being paid or retired by such issuance, sale or  delivery  of
bonds or notes, and bonds or notes for which sufficient funds
have  been  deposited with the paying agency of such bonds or
notes to  provide  for  payment  of  principal  and  interest
thereon  or  to  provide  for  the  redemption  thereof,  all
pursuant  to  the  ordinance authorizing the issuance of such
bonds or notes, shall not be considered to be outstanding for
the purposes of the first two sentences of this subsection.
    (2)  In addition to the authority provided  by  paragraph
(1),  the  Authority is authorized to issue, sell and deliver
bonds or notes for  Strategic  Capital  Improvement  Projects
approved pursuant to Section 4.13 as follows:
    $100,000,000  is  authorized  to  be  issued  on or after
January 1, 1990;
    an additional $100,000,000 is authorized to be issued  on
or after January 1, 1991;
    an  additional $100,000,000 is authorized to be issued on
or after January 1, 1992;
    an additional $100,000,000 is authorized to be issued  on
or after January 1, 1993;
    an  additional $100,000,000 is authorized to be issued on
or after January 1, 1994; and
    the aggregate total authorization of bonds and notes  for
Strategic Capital Improvement Projects as of January 1, 1994,
shall be $500,000,000.
    (h)  The   Authority,   subject   to  the  terms  of  any
agreements with noteholders  or  bond  holders  as  may  then
exist, shall have power, out of any funds available therefor,
to  purchase  notes  or  bonds  of  the Authority which shall
thereupon be cancelled.
    (i)  In addition to any other authority granted  by  law,
the  State  Treasurer may, with the approval of the Governor,
invest or reinvest, at a price not to exceed par,  any  State
money  in  the State Treasury which is not needed for current
expenditures due or about  to  become  due  in  Working  Cash
Notes.
(Source: P.A. 86-16.)

    (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
    Sec.  4.09.   Public Transportation Fund and the Regional
Transportation Authority Occupation and Use  Tax  Replacement
Fund.
    (a)  As  soon  as  possible  after  the first day of each
month, beginning November  1,  1983,  the  Comptroller  shall
order  transferred  and the Treasurer shall transfer from the
General Revenue Fund to a special fund in the State Treasury,
to be known as the "Public  Transportation  Fund"  $9,375,000
for  each  month remaining in State fiscal year 1984. As soon
as possible after the first day of each month, beginning July
1, 1984, upon certification of the Department of Revenue, the
Comptroller shall order transferred and the  Treasurer  shall
transfer   from  the  General  Revenue  Fund  to  the  Public
Transportation Fund  an  amount  equal  to  25%  of  the  net
revenue,  before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3  of  the  Retailers'  Occupation  Tax  Act,
realized  from  any  tax imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 and 25%  of  the  amounts  deposited
into  the  Regional Transportation Authority tax fund created
by Section 4.03 of this Act, from the County and Mass Transit
District Fund as provided  in  Section  6z-20  of  the  State
Finance  Act  and  25%  of  the  amounts  deposited  into the
Regional Transportation  Authority  Occupation  and  Use  Tax
Replacement  Fund  from  the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State  Finance  Act.
Net  revenue  realized  for  a  month  shall  be  the revenue
collected by the State pursuant to Sections 4.03  and  4.03.1
during  the  previous  month  from  within  the  metropolitan
region,  less  the  amount paid out during that same month as
refunds to taxpayers for  overpayment  of  liability  in  the
metropolitan region under Sections 4.03 and 4.03.1.
    (b)  (1)  All    moneys    deposited    in   the   Public
    Transportation  Fund  and  the  Regional   Transportation
    Authority   Occupation  and  Use  Tax  Replacement  Fund,
    whether deposited pursuant to this Section or  otherwise,
    are    allocated    to   the   Authority.   Pursuant   to
    appropriation, the Comptroller, as soon as possible after
    each monthly transfer provided in this Section and  after
    each  deposit  into the Public Transportation Fund, shall
    order the Treasurer to pay to the Authority  out  of  the
    Public  Transportation  Fund the amount so transferred or
    deposited. Such amounts paid  to  the  Authority  may  be
    expended by it for its purposes as provided in this Act.
         Subject   to  appropriation  to  the  Department  of
    Revenue, the Comptroller, as soon as possible after  each
    deposit   into   the  Regional  Transportation  Authority
    Occupation and Use Tax Replacement Fund provided in  this
    Section and Section 6z-17 of the State Finance Act, shall
    order  the  Treasurer  to pay to the Authority out of the
    Regional Transportation Authority Occupation and Use  Tax
    Replacement  Fund  the amount so deposited.  Such amounts
    paid to the Authority may  be  expended  by  it  for  its
    purposes as provided in this Act.
         (2)  Provided,  however,  no  moneys deposited under
    subsection (a) of Section 4.09 shall  be  paid  from  the
    Public  Transportation  Fund  to  the  Authority  for any
    fiscal year beginning after the effective  date  of  this
    amendatory  Act of 1983 until the Authority has certified
    to the Governor, the Comptroller, and the  Mayor  of  the
    City  of Chicago that it has adopted for that fiscal year
    a budget and financial plan meeting the  requirements  in
    Section 4.01(b).
    (c)  In  recognition  of  the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall  provide  financial  assistance  ("Additional
State  Assistance")  in  excess of the amounts transferred to
the Authority from the General Revenue Fund under  subsection
(a) of this Section.  Additional State Assistance provided in
any  State  fiscal  year  shall  not  exceed  the actual debt
service payable by the Authority  during  that  State  fiscal
year  on  bonds  or notes issued to finance Strategic Capital
Improvement  Projects  under  Section  4.04  of   this   Act.
Additional  State  Assistance  shall  in  no event exceed the
following specified amounts with  respect  to  the  following
State fiscal years:
         1990                  $5,000,000;
         1991                  $5,000,000;
         1992                  $10,000,000;
         1993                  $10,000,000;
         1994                  $20,000,000;
         1995                  $30,000,000;
         1996                  $40,000,000;
         1997                  $50,000,000;
         1998                  $55,000,000; and
         each year thereafter  $55,000,000.
    (d)  Beginning with State fiscal year 1990 and continuing
for  each  State  fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer
(1) the amount  necessary  and  required,  during  the  State
fiscal  year with respect to which the certification is made,
to pay its obligations for debt service  on  all  outstanding
bonds  or  notes  for  Strategic Capital Improvement Projects
issued by the Authority under Section 4.04 of  this  Act  and
(2)  an  estimate of the amount necessary and required to pay
its obligations for debt service for any bonds or  notes  for
Strategic  Capital  Improvement  Projects which the Authority
anticipates it will issue during that State fiscal year.  The
certification  shall  include  a  specific  schedule  of debt
service payments, including  the  date  and  amount  of  each
payment  for  all outstanding bonds or notes and an estimated
schedule of anticipated debt service for all bonds and  notes
it  intends  to issue, if any, during that State fiscal year,
including the estimated date and  estimated  amount  of  each
payment.    Immediately, upon the issuance of bonds for which
an estimated schedule of debt service payments was  prepared,
the  Authority shall file an amended certification to specify
the actual schedule of debt service payments,  including  the
date  and  amount  of  each payment, for the remainder of the
State fiscal year.  On the first day of  each  month  of  the
State  fiscal  year in which there are bonds outstanding with
respect  to  which  the  certification  is  made,  the  State
Comptroller shall order transferred and the  State  Treasurer
shall  transfer  from  the General Revenue Fund to the Public
Transportation Fund the Additional  State  Assistance  in  an
amount  equal  to  the  aggregate  of  (1) one-twelfth of the
amount required to pay debt service on bonds and notes issued
before the beginning of the State fiscal  year  and  (2)  the
amount required to pay debt service on bonds and notes issued
during  the  fiscal  year,  if  any, divided by the number of
months remaining  in  the  fiscal  year  after  the  date  of
issuance, or some smaller portion as may be necessary, listed
in  subsection  (c)  for the relevant State fiscal year, plus
any cumulative deficiencies in transfers  for  prior  months,
until  an amount equal to the certified debt service for that
State fiscal year on outstanding bonds or notes for Strategic
Capital Improvement Projects issued by  the  Authority  under
Section  4.04  of this Act has been transferred.  In no event
shall total transfers in any State  fiscal  year  exceed  the
lesser  of  the annual amounts specified in subsection (c) or
the total certified debt  service  on  outstanding  bonds  or
notes  for  Strategic  Capital Improvement Projects issued by
the Authority under Section 4.04 of this Act.
    (e)  Additional State  Assistance  may  not  be  pledged,
either  directly  or  indirectly  as  general revenues of the
Authority, as security for any bonds issued by the Authority.
The Authority may not assign its right to receive  Additional
State  Assistance  or  direct  payment  of  Additional  State
Assistance  to  a trustee or any other entity for the payment
of debt service on its bonds.
    (f)  The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of  the
State  fiscal  year  to  which it relates.  The certification
shall be revised as may be necessary to accurately state  the
debt service requirements of the Authority.
    (g)  Within  6  months  of  the end of the 3 month period
ending December 31, 1983, and each  fiscal  year  thereafter,
the  Authority  shall  determine whether the aggregate of all
system generated revenues for public  transportation  in  the
metropolitan  region  which is provided by, or under grant or
purchase of service contracts with, the Service Boards equals
50% of the aggregate of all costs of  providing  such  public
transportation.   "System generated revenues" include all the
proceeds  of  fares  and  charges  for   services   provided,
contributions    received    in    connection   with   public
transportation from units of local government other than  the
Authority  and  from  the State pursuant to subsection (9) of
Section 49.19 of the Civil Administrative Code  of  Illinois,
and  all  other  revenues  properly  included consistent with
generally accepted accounting principles but may not  include
the  proceeds  from  any borrowing. "Costs" include all items
properly  included  as  operating   costs   consistent   with
generally    accepted    accounting   principles,   including
administrative  costs,  but  do  not  include:  depreciation;
payment of principal and interest on bonds,  notes  or  other
evidences of obligations for borrowed money of the Authority;
payments  with  respect  to  public transportation facilities
made pursuant to subsection (b) of Section 2-20; any payments
with   respect   to   rate   protection   contracts,   credit
enhancements or liquidity agreements made under Section 4.14;
any other cost as to which it is reasonably expected  that  a
cash  expenditure  will  not  be made; costs up to $5,000,000
annually for passenger security including grants,  contracts,
personnel,  equipment  and administrative expenses, except in
the case of the Chicago Transit Authority, in which case  the
term does not include costs spent annually by that entity for
protection  against  crime  as required by Section 27a of the
Metropolitan Transit Authority Act; or costs as  exempted  by
the  Board for projects pursuant to Section 2.09 of this Act.
If said system generated revenues are less than 50%  of  said
costs, the Board shall remit an amount equal to the amount of
the  deficit  to  the  State. The Treasurer shall deposit any
such payment in the General Revenue Fund.
    (h)  If the Authority makes  any  payment  to  the  State
under  paragraph  (g),  the Authority shall reduce the amount
provided to a Service  Board  from  funds  transferred  under
paragraph  (a)  in  proportion  to  the  amount by which that
Service Board failed to meet its  required  system  generated
revenues recovery ratio. A Service Board which is affected by
a reduction in funds under this paragraph shall submit to the
Authority  concurrently  with its next due quarterly report a
revised budget incorporating the  reduction  in  funds.   The
revised  budget  must  meet the criteria specified in clauses
(i) through (vi) of  Section  4.11(b)(2).   The  Board  shall
review  and  act on the revised budget as provided in Section
4.11(b)(3).
(Source:  P.A.  86-16;  86-463;  86-928;  86-1028;   86-1481;
87-764.)

    Section 165.  The Water Commission Act of 1985 is amended
by re-enacting Section 4 as follows:

    (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
    Sec.  4.  (a) The  board  of  commissioners of any county
water commission may, by  ordinance,  impose  throughout  the
territory  of the commission any or all of the taxes provided
in this Section  for  its  corporate  purposes.  However,  no
county  water  commission  may impose any such tax unless the
commission certifies the proposition of imposing the  tax  to
the   proper   election   officials,  who  shall  submit  the
proposition to the voters residing in  the  territory  at  an
election in accordance with the general election law, and the
proposition  has  been approved by a majority of those voting
on the proposition.
    The proposition shall be in the form provided in  Section
5 or shall be substantially in the following form:
-------------------------------------------------------------
    Shall the (insert corporate
name of county water commission)           YES
impose (state type of tax or         ------------------------
taxes to be imposed) at the                NO
rate of 1/4%?
-------------------------------------------------------------
    Taxes  imposed  under  this  Section  and civil penalties
imposed incident thereto shall be collected and  enforced  by
the  State  Department  of Revenue. The Department shall have
the  power  to  administer  and  enforce  the  taxes  and  to
determine all rights for refunds for  erroneous  payments  of
the taxes.
    (b)  The board of commissioners may impose a County Water
Commission Retailers' Occupation Tax upon all persons engaged
in  the  business  of  selling  tangible personal property at
retail in the territory of the commission at a rate  of  1/4%
of  the  gross  receipts from the sales made in the course of
such business within the territory.  The  tax  imposed  under
this  paragraph  and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the
State Department of Revenue. The Department shall  have  full
power  to  administer  and enforce this paragraph; to collect
all taxes and penalties due hereunder; to  dispose  of  taxes
and   penalties   so  collected  in  the  manner  hereinafter
provided; and to determine all  rights  to  credit  memoranda
arising on account of the erroneous payment of tax or penalty
hereunder.   In  the  administration of, and compliance with,
this paragraph, the Department and persons who are subject to
this  paragraph  shall  have  the  same   rights,   remedies,
privileges,  immunities, powers and duties, and be subject to
the same conditions,  restrictions,  limitations,  penalties,
exclusions,  exemptions  and definitions of terms, and employ
the same modes of procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in  respect
to  all  provisions  therein other than the State rate of tax
except that food for human consumption that is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks, and food that has been prepared for
immediate consumption) and prescription  and  nonprescription
medicine,   drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes, and needles used  by  diabetics,
for  human use, shall not be subject to tax hereunder), 2c, 3
(except  as  to  the  disposition  of  taxes  and   penalties
collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
5l,  6,  6a,  6b,  6c,  7,  8,  9,  10,  11, 12 and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the  Uniform
Penalty  and  Interest  Act,  as fully as if those provisions
were set forth herein.
    Persons subject to any tax imposed  under  the  authority
granted  in this paragraph may reimburse themselves for their
seller's tax liability hereunder by  separately  stating  the
tax  as  an  additional charge, which charge may be stated in
combination, in  a  single  amount,  with  State  taxes  that
sellers  are  required  to  collect under the Use Tax Act and
under  subsection  (e)  of  Section  4.03  of  the   Regional
Transportation Authority Act, in accordance with such bracket
schedules as the Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this paragraph to a claimant instead of issuing
a credit memorandum, the Department shall  notify  the  State
Comptroller,  who shall cause the warrant to be drawn for the
amount  specified,  and  to  the   person   named,   in   the
notification  from  the Department.  The refund shall be paid
by the State Treasurer out of a county water  commission  tax
fund established under paragraph (g) of this Section.
    For  the  purpose of determining whether a tax authorized
under this paragraph  is  applicable,  a  retail  sale  by  a
producer of coal or other mineral mined in Illinois is a sale
at  retail at the place where the coal or other mineral mined
in Illinois is extracted from the earth.  This paragraph does
not apply to coal or other mineral when it  is  delivered  or
shipped  by  the  seller  to the purchaser at a point outside
Illinois so  that  the  sale  is  exempt  under  the  Federal
Constitution as a sale in interstate or foreign commerce.
    If a tax is imposed under this subsection (b) a tax shall
also  be  imposed  under  subsections  (c)  and  (d)  of this
Section.
    Nothing in this paragraph shall be construed to authorize
a county water commission to impose a tax upon the  privilege
of  engaging  in any business which under the Constitution of
the United States may not be made the subject of taxation  by
this State.
    (c)  If  a  tax  has been imposed under subsection (b), a
tax shall also be imposed upon all persons  engaged,  in  the
territory  of the commission, in the business of making sales
of service, who, as  an  incident  to  making  the  sales  of
service,  transfer  tangible  personal  property  within  the
territory. The tax rate shall be 1/4% of the selling price of
tangible   personal   property   so  transferred  within  the
territory.  The tax imposed  under  this  paragraph  and  all
civil  penalties  that may be assessed as an incident thereof
shall be collected and enforced by the  State  Department  of
Revenue.  The  Department shall have full power to administer
and  enforce  this  paragraph;  to  collect  all  taxes   and
penalties due hereunder; to dispose of taxes and penalties so
collected   in   the  manner  hereinafter  provided;  and  to
determine all rights to credit memoranda arising  on  account
of the erroneous payment of tax or penalty hereunder.  In the
administration  of,  and compliance with, this paragraph, the
Department and persons who  are  subject  to  this  paragraph
shall have the same rights, remedies, privileges, immunities,
powers  and  duties,  and  be subject to the same conditions,
restrictions, limitations, penalties, exclusions,  exemptions
and  definitions  of  terms,  and  employ  the  same modes of
procedure, as are prescribed in Sections 1a-1, 2 (except that
the  reference  to  State  in  the  definition  of   supplier
maintaining  a place of business in this State shall mean the
territory of the commission), 2a, 3 through 3-50 (in  respect
to  all  provisions  therein other than the State rate of tax
except that food for human consumption that is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks, and food that has been prepared for
immediate consumption) and prescription  and  nonprescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing  materials,  syringes, and needles used by diabetics,
for human use, shall not be  subject  to  tax  hereunder),  4
(except  that  the  reference  to  the  State shall be to the
territory of the  commission),  5,  7,  8  (except  that  the
jurisdiction  to  which the tax shall be a debt to the extent
indicated in that Section  8  shall  be  the  commission),  9
(except   as  to  the  disposition  of  taxes  and  penalties
collected and except that the returned merchandise credit for
this tax may not be taken against any State tax), 10, 11,  12
(except the reference therein to Section 2b of the Retailers'
Occupation  Tax  Act),  13  (except that any reference to the
State shall mean the territory of the commission), the  first
paragraph  of  Section 15, 15.5, 16, 17, 18, 19 and 20 of the
Service Occupation Tax Act as fully as  if  those  provisions
were set forth herein.
    Persons  subject  to  any tax imposed under the authority
granted in this paragraph may reimburse themselves for  their
serviceman's  tax  liability  hereunder by separately stating
the tax as an additional charge, which charge may  be  stated
in  combination,  in  a  single  amount,  with State tax that
servicemen are authorized to collect under  the  Service  Use
Tax Act, and any tax for which servicemen may be liable under
subsection  (f)  of  Sec. 4.03 of the Regional Transportation
Authority Act, in accordance with such bracket  schedules  as
the Department may prescribe.
    Whenever  the  Department determines that a refund should
be made under this paragraph to a claimant instead of issuing
a credit memorandum, the Department shall  notify  the  State
Comptroller,  who shall cause the warrant to be drawn for the
amount  specified,  and  to  the   person   named,   in   the
notification  from  the Department.  The refund shall be paid
by the State Treasurer out of a county water  commission  tax
fund established under paragraph (g) of this Section.
    Nothing in this paragraph shall be construed to authorize
a  county water commission to impose a tax upon the privilege
of engaging in any business which under the  Constitution  of
the  United States may not be made the subject of taxation by
the State.
    (d)  If a tax has been imposed under  subsection  (b),  a
tax  shall  also  imposed upon the privilege of using, in the
territory of the commission, any item  of  tangible  personal
property  that  is  purchased outside the territory at retail
from a retailer, and that is titled  or  registered  with  an
agency  of  this State's government, at a rate of 1/4% of the
selling price of the tangible personal  property  within  the
territory,  as "selling price" is defined in the Use Tax Act.
The tax  shall  be  collected  from  persons  whose  Illinois
address  for  titling  or  registration  purposes is given as
being in the territory.  The tax shall be  collected  by  the
Department of Revenue for a county water commission.  The tax
must be paid to the State, or an exemption determination must
be  obtained from the Department of Revenue, before the title
or certificate  of  registration  for  the  property  may  be
issued.  The  tax or proof of exemption may be transmitted to
the Department by way of the State agency with which, or  the
State  officer with whom, the tangible personal property must
be titled or registered  if  the  Department  and  the  State
agency  or  State  officer determine that this procedure will
expedite  the  processing  of  applications  for   title   or
registration.
    The  Department  shall  have full power to administer and
enforce this paragraph; to collect all taxes,  penalties  and
interest  due  hereunder;  to dispose of taxes, penalties and
interest so collected in the manner hereinafter provided; and
to determine  all  rights  to  credit  memoranda  or  refunds
arising  on  account of the erroneous payment of tax, penalty
or  interest  hereunder.  In  the  administration   of,   and
compliance  with  this  paragraph, the Department and persons
who are subject to this paragraph shall have the same rights,
remedies, privileges, immunities, powers and duties,  and  be
subject  to  the  same conditions, restrictions, limitations,
penalties, exclusions, exemptions and  definitions  of  terms
and  employ the same modes of procedure, as are prescribed in
Sections 2 (except the definition of "retailer maintaining  a
place  of  business  in  this State"), 3 through 3-80 (except
provisions pertaining to the State rate of  tax,  and  except
provisions  concerning  collection or refunding of the tax by
retailers, and except that food for human consumption that is
to be consumed off the premises where it is sold (other  than
alcoholic  beverages,  soft  drinks,  and  food that has been
prepared for  immediate  consumption)  and  prescription  and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin,  urine testing materials, syringes, and needles used
by diabetics, for human use, shall  not  be  subject  to  tax
hereunder),  4,  11, 12, 12a, 14, 15, 19 (except the portions
pertaining  to  claims  by  retailers  and  except  the  last
paragraph concerning refunds), 20, 21 and 22 of the  Use  Tax
Act  and  Section 3-7 of the Uniform Penalty and Interest Act
that are not inconsistent with this paragraph, as fully as if
those provisions were set forth herein.
    Whenever the Department determines that a  refund  should
be made under this paragraph to a claimant instead of issuing
a  credit  memorandum,  the Department shall notify the State
Comptroller, who shall cause the order to be  drawn  for  the
amount   specified,   and   to   the  person  named,  in  the
notification from the Department.  The refund shall  be  paid
by  the  State Treasurer out of a county water commission tax
fund established under paragraph (g) of this Section.
    (e)  A certificate of registration issued  by  the  State
Department  of  Revenue  to  a  retailer under the Retailers'
Occupation Tax Act or under the Service  Occupation  Tax  Act
shall  permit  the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (c) or  (d)
of  this  Section  and  no  additional  registration shall be
required under the tax.  A certificate issued under  the  Use
Tax  Act  or the Service Use Tax Act shall be applicable with
regard to  any  tax  imposed  under  paragraph  (c)  of  this
Section.
    (f)  Any  ordinance  imposing  or  discontinuing  any tax
under this Section shall be  adopted  and  a  certified  copy
thereof  filed  with  the  Department  on  or  before June 1,
whereupon  the  Department  of  Revenue  shall   proceed   to
administer  and  enforce this Section on behalf of the county
water  commission  as  of  September  1  next  following  the
adoption and filing.  Beginning January 1, 1992, an ordinance
or resolution imposing or  discontinuing  the  tax  hereunder
shall  be adopted and a certified copy thereof filed with the
Department on or before the first day of July, whereupon  the
Department  shall  proceed  to  administer  and  enforce this
Section as of the first day of October  next  following  such
adoption and filing.  Beginning January 1, 1993, an ordinance
or  resolution  imposing  or  discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with  the
Department  on  or before the first day of October, whereupon
the Department shall proceed to administer and  enforce  this
Section  as  of  the first day of January next following such
adoption and filing.
    (g)  The  State  Department  of   Revenue   shall,   upon
collecting  any  taxes  as  provided in this Section, pay the
taxes  over  to  the  State  Treasurer  as  trustee  for  the
commission. The taxes shall be held in a trust  fund  outside
the  State  Treasury.  On  or  before  the  25th  day of each
calendar month, the State Department of Revenue shall prepare
and certify to the Comptroller of the State of  Illinois  the
amount  to be paid to the commission, which shall be the then
balance in the  fund,  less  any  amount  determined  by  the
Department to be necessary for the payment of refunds. Within
10 days after receipt by the Comptroller of the certification
of  the  amount to be paid to the commission, the Comptroller
shall cause an order to be drawn  for  the  payment  for  the
amount in accordance with the direction in the certification.
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)

    Section 900.  Sections 1 and 2 of Article V of Public Act
85-1135 are re-enacted as follows:

    (P.A. 85-1135, Art. V, Sec. 1)
    Sec. 1.  This amendatory Act of 1988 shall not affect any
right,  remedy or liability, whether civil or criminal, which
existed prior to the effective date hereof.

    (P.A. 85-1135, Art. V, Sec. 2)
    Sec. 2.  A home rule municipality  may  enact  ordinances
imposing taxes pursuant to Sections 8-11-1, 8-11-5 and 8-11-6
of the Illinois Municipal Code after January 1, 1990, if such
ordinances do not take effect prior to September 1, 1990.

    Section 999.  Effective date.  This Act takes effect upon
becoming law.
                            INDEX
           Statutes amended in order of appearance
                           New Act
P.A. 85-1135, Art. I, Sec. 1
30 ILCS 105/5.240         from Ch. 127, par. 141.240
30 ILCS 105/5.241         from Ch. 127, par. 141.241
30 ILCS 105/6z-9          from Ch. 127, par. 142z-9
30 ILCS 105/6z-17         from Ch. 127, par. 142z-17
30 ILCS 105/6z-18         from Ch. 127, par. 142z-18
30 ILCS 115/0.1           from Ch. 85, par. 610
30 ILCS 115/2             from Ch. 85, par. 612
35 ILCS 105/3             from Ch. 120, par. 439.3
35 ILCS 105/3-5           from Ch. 120, par. 439.3-5
35 ILCS 105/3-10          from Ch. 120, par. 439.3-10
35 ILCS 105/3-15          from Ch. 120, par. 439.3-15
35 ILCS 105/3-20          from Ch. 120, par. 439.3-20
35 ILCS 105/3-25          from Ch. 120, par. 439.3-25
35 ILCS 105/3-30          from Ch. 120, par. 439.3-30
35 ILCS 105/3-35          from Ch. 120, par. 439.3-35
35 ILCS 105/3-40          from Ch. 120, par. 439.3-40
35 ILCS 105/3-45          from Ch. 120, par. 439.3-45
35 ILCS 105/3-50          from Ch. 120, par. 439.3-50
35 ILCS 105/3-55          from Ch. 120, par. 439.3-55
35 ILCS 105/3-60          from Ch. 120, par. 439.3-60
35 ILCS 105/3-65          from Ch. 120, par. 439.3-65
35 ILCS 105/3-70          from Ch. 120, par. 439.3-70
35 ILCS 105/3-75          from Ch. 120, par. 439.3-75
35 ILCS 105/3-80          from Ch. 120, par. 439.3-80
35 ILCS 105/9             from Ch. 120, par. 439.9
35 ILCS 110/2             from Ch. 120, par. 439.32
35 ILCS 110/3             from Ch. 120, par. 439.33
35 ILCS 110/3-5           from Ch. 120, par. 439.33-5
35 ILCS 110/3-10          from Ch. 120, par. 439.33-10
35 ILCS 110/3-15          from Ch. 120, par. 439.33-15
35 ILCS 110/3-20          from Ch. 120, par. 439.33-20
35 ILCS 110/3-25          from Ch. 120, par. 439.33-25
35 ILCS 110/3-30          from Ch. 120, par. 439.33-30
35 ILCS 110/3-35          from Ch. 120, par. 439.33-35
35 ILCS 110/3-40          from Ch. 120, par. 439.33-40
35 ILCS 110/3-45          from Ch. 120, par. 439.33-45
35 ILCS 110/3-50          from Ch. 120, par. 439.33-50
35 ILCS 110/3-55          from Ch. 120, par. 439.33-55
35 ILCS 110/3-60          from Ch. 120, par. 439.33-60
35 ILCS 110/3-65          from Ch. 120, par. 439.33-65
35 ILCS 110/3d            from Ch. 120, par. 439.33d
35 ILCS 110/7a            from Ch. 120, par. 439.37a
35 ILCS 110/9             from Ch. 120, par. 439.39
35 ILCS 110/10            from Ch. 120, par. 439.40
35 ILCS 110/15            from Ch. 120, par. 439.45
35 ILCS 115/2             from Ch. 120, par. 439.102
35 ILCS 115/3             from Ch. 120, par. 439.103
35 ILCS 115/3-5           from Ch. 120, par. 439.103-5
35 ILCS 115/3-10          from Ch. 120, par. 439.103-10
35 ILCS 115/3-15          from Ch. 120, par. 439.103-15
35 ILCS 115/3-20          from Ch. 120, par. 439.103-20
35 ILCS 115/3-25          from Ch. 120, par. 439.103-25
35 ILCS 115/3-30          from Ch. 120, par. 439.103-30
35 ILCS 115/3-35          from Ch. 120, par. 439.103-35
35 ILCS 115/3-40          from Ch. 120, par. 439.103-40
35 ILCS 115/3-45          from Ch. 120, par. 439.103-45
35 ILCS 115/3-50          from Ch. 120, par. 439.103-50
35 ILCS 115/9             from Ch. 120, par. 439.109
35 ILCS 115/13            from Ch. 120, par. 439.113
35 ILCS 115/15            from Ch. 120, par. 439.115
35 ILCS 115/439.110 rep.
35 ILCS 115/439.114 rep.
35 ILCS 120/2             from Ch. 120, par. 441
35 ILCS 120/2-5           from Ch. 120, par. 441-5
35 ILCS 120/2-10          from Ch. 120, par. 441-10
35 ILCS 120/2-15          from Ch. 120, par. 441-15
35 ILCS 120/2-20          from Ch. 120, par. 441-20
35 ILCS 120/2-25          from Ch. 120, par. 441-25
35 ILCS 120/2-30          from Ch. 120, par. 441-30
35 ILCS 120/2-35          from Ch. 120, par. 441-35
35 ILCS 120/2-40          from Ch. 120, par. 441-40
35 ILCS 120/2-45          from Ch. 120, par. 441-45
35 ILCS 120/2-50          from Ch. 120, par. 441-50
35 ILCS 120/2-55          from Ch. 120, par. 441-55
35 ILCS 120/2-60          from Ch. 120, par. 441-60
35 ILCS 120/2-65          from Ch. 120, par. 441-65
35 ILCS 120/3             from Ch. 120, par. 442
35 ILCS 120/5k            from Ch. 120, par. 444k
55 ILCS 5/5-1006          from Ch. 34, par. 5-1006
55 ILCS 5/5-1007          from Ch. 34, par. 5-1007
55 ILCS 5/5-1008          from Ch. 34, par. 5-1008
55 ILCS 5/5-1009          from Ch. 34, par. 5-1009
55 ILCS 5/5-1024          from Ch. 34, par. 5-1024
Ch. 34, rep. par. 406a
Ch. 34, rep. par. 409.1
Ch. 34, rep. par. 409.1a
Ch. 34, rep. par. 409.2
Ch. 34, rep. par. 409.2a
Ch. 34, rep. par. 409.10
Ch. 34, rep. par. 409.10a
Ch. 34, rep. par. 409.10.1
65 ILCS 5/8-11-1          from Ch. 24, par. 8-11-1
65 ILCS 5/8-11-1.1        from Ch. 24, par. 8-11-1.1
65 ILCS 5/8-11-1.2        from Ch. 24, par. 8-11-1.2
65 ILCS 5/8-11-1.3        from Ch. 24, par. 8-11-1.3
65 ILCS 5/8-11-1.4        from Ch. 24, par. 8-11-1.4
65 ILCS 5/8-11-5          from Ch. 24, par. 8-11-5
65 ILCS 5/8-11-6          from Ch. 24, par. 8-11-6
65 ILCS 5/8-11-6a         from Ch. 24, par. 8-11-6a
65 ILCS 5/8-11-16         from Ch. 24, par. 8-11-16
65 ILCS 5/11-74.4-8a      from Ch. 24, par. 11-74.4-8a
70 ILCS 3610/5.01         from Ch. 111 2/3, par. 355.01
70 ILCS 3615/4.01         from Ch. 111 2/3, par. 704.01
70 ILCS 3615/4.03         from Ch. 111 2/3, par. 704.03
70 ILCS 3615/4.04         from Ch. 111 2/3, par. 704.04
70 ILCS 3615/4.09         from Ch. 111 2/3, par. 704.09
70 ILCS 3720/4            from Ch. 111 2/3, par. 254
P.A. 85-1135, Art. V, Sec. 1
P.A. 85-1135, Art. V, Sec. 2

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