State of Illinois
91st General Assembly
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Public Act 91-0644

SB878 Enrolled                                 LRB9105091PTpk

    AN ACT concerning taxation.

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

    Section  3.   The  Illinois  Income Tax Act is amended by
changing Section 201 as follows:

    (35 ILCS 5/201) (from Ch. 120, par. 2-201)
    Sec. 201.  Tax Imposed.
    (a)  In general. A tax measured by net income  is  hereby
imposed  on  every  individual, corporation, trust and estate
for each taxable year ending  after  July  31,  1969  on  the
privilege  of earning or receiving income in or as a resident
of this State. Such tax shall be in  addition  to  all  other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
    (b)  Rates.  The  tax  imposed  by subsection (a) of this
Section shall be determined as follows:
         (1)  In the case of an individual, trust or  estate,
    for taxable years ending prior to July 1, 1989, an amount
    equal  to  2  1/2%  of  the taxpayer's net income for the
    taxable year.
         (2)  In the case of an individual, trust or  estate,
    for  taxable  years  beginning  prior to July 1, 1989 and
    ending after June 30, 1989, an amount equal to the sum of
    (i) 2 1/2% of the taxpayer's net income  for  the  period
    prior to July 1, 1989, as calculated under Section 202.3,
    and  (ii)  3% of the taxpayer's net income for the period
    after June 30, 1989, as calculated under Section 202.3.
         (3)  In the case of an individual, trust or  estate,
    for  taxable  years  beginning  after  June  30, 1989, an
    amount equal to 3% of the taxpayer's net income  for  the
    taxable year.
         (4)  (Blank).
         (5)  (Blank).
         (6)  In the case of a corporation, for taxable years
    ending  prior  to  July 1, 1989, an amount equal to 4% of
    the taxpayer's net income for the taxable year.
         (7)  In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989, an amount equal  to  the  sum  of  (i)  4%  of  the
    taxpayer's  net  income  for  the period prior to July 1,
    1989, as calculated under Section 202.3, and (ii) 4.8% of
    the taxpayer's net income for the period after  June  30,
    1989, as calculated under Section 202.3.
         (8)  In the case of a corporation, for taxable years
    beginning after June 30, 1989, an amount equal to 4.8% of
    the taxpayer's net income for the taxable year.
    (c)  Beginning   on  July  1,  1979  and  thereafter,  in
addition to such income tax, there is also hereby imposed the
Personal Property Tax Replacement Income Tax measured by  net
income   on   every   corporation   (including  Subchapter  S
corporations), partnership and trust, for each  taxable  year
ending  after  June  30, 1979.  Such taxes are imposed on the
privilege of earning or receiving income in or as a  resident
of  this State.  The Personal Property Tax Replacement Income
Tax shall be  in  addition  to  the  income  tax  imposed  by
subsections  (a)  and  (b) of this Section and in addition to
all other occupation or privilege taxes imposed by this State
or by any  municipal  corporation  or  political  subdivision
thereof.
    (d)  Additional  Personal Property Tax Replacement Income
Tax Rates.  The personal property tax replacement income  tax
imposed by this subsection and subsection (c) of this Section
in  the  case  of  a  corporation,  other than a Subchapter S
corporation, shall be an additional amount equal to 2.85%  of
such  taxpayer's net income for the taxable year, except that
beginning on January 1, 1981, and  thereafter,  the  rate  of
2.85%  specified in this subsection shall be reduced to 2.5%,
and in the case of a partnership, trust  or  a  Subchapter  S
corporation  shall  be  an additional amount equal to 1.5% of
such taxpayer's net income for the taxable year.
    (e)  Investment credit.  A taxpayer shall  be  allowed  a
credit  against  the Personal Property Tax Replacement Income
Tax for investment in qualified property.
         (1)  A taxpayer shall be allowed a credit  equal  to
    .5%  of the basis of qualified property placed in service
    during the taxable year, provided such property is placed
    in service on or after July  1,  1984.   There  shall  be
    allowed an additional credit equal to .5% of the basis of
    qualified  property  placed in service during the taxable
    year, provided such property is placed in service  on  or
    after  July  1,  1986, and the taxpayer's base employment
    within Illinois has increased by  1%  or  more  over  the
    preceding year as determined by the taxpayer's employment
    records  filed with the Illinois Department of Employment
    Security.  Taxpayers who are new  to  Illinois  shall  be
    deemed  to  have met the 1% growth in base employment for
    the first year in which they file employment records with
    the Illinois  Department  of  Employment  Security.   The
    provisions  added  to  this Section by Public Act 85-1200
    (and restored by Public Act 87-895) shall be construed as
    declaratory of existing law and not as a  new  enactment.
    If,  in  any year, the increase in base employment within
    Illinois over the preceding year is  less  than  1%,  the
    additional  credit  shall  be  limited to that percentage
    times a fraction, the numerator of which is .5%  and  the
    denominator  of  which  is  1%, but shall not exceed .5%.
    The investment credit shall not be allowed to the  extent
    that  it  would  reduce a taxpayer's liability in any tax
    year  below  zero,  nor  may  any  credit  for  qualified
    property be allowed for any year other than the  year  in
    which the property was placed in service in Illinois. For
    tax years ending on or after December 31, 1987, and on or
    before December 31, 1988, the credit shall be allowed for
    the  tax year in which the property is placed in service,
    or, if the amount of the credit exceeds the tax liability
    for that year, whether it exceeds the original  liability
    or  the  liability  as  later amended, such excess may be
    carried forward and applied to the tax liability of the 5
    taxable years following the excess credit  years  if  the
    taxpayer  (i)  makes investments which cause the creation
    of a  minimum  of  2,000  full-time  equivalent  jobs  in
    Illinois,   (ii)   is   located  in  an  enterprise  zone
    established pursuant to the Illinois Enterprise Zone  Act
    and  (iii) is certified by the Department of Commerce and
    Community Affairs  as  complying  with  the  requirements
    specified  in  clause  (i) and (ii) by July 1, 1986.  The
    Department of Commerce and Community Affairs shall notify
    the Department of  Revenue  of  all  such  certifications
    immediately.  For  tax  years  ending  after December 31,
    1988, the credit shall be allowed for  the  tax  year  in
    which  the  property  is  placed  in  service, or, if the
    amount of the credit exceeds the tax liability  for  that
    year,  whether  it  exceeds the original liability or the
    liability as later amended, such excess  may  be  carried
    forward and applied to the tax liability of the 5 taxable
    years following the excess credit years. The credit shall
    be  applied  to  the  earliest  year for which there is a
    liability. If there is credit from more than one tax year
    that is available to offset a liability,  earlier  credit
    shall be applied first.
         (2)  The  term  "qualified  property" means property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings and signs that are real property, but  not
         including land or improvements to real property that
         are not a structural component of a building such as
         landscaping,   sewer   lines,  local  access  roads,
         fencing, parking lots, and other appurtenances;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (e);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code;
              (D)  is used in Illinois by a taxpayer  who  is
         primarily  engaged  in  manufacturing,  or in mining
         coal or fluorite, or in retailing; and
              (E)  has not previously been used  in  Illinois
         in  such  a  manner  and  by  such a person as would
         qualify for the credit provided by  this  subsection
         (e) or subsection (f).
         (3)  For    purposes   of   this   subsection   (e),
    "manufacturing" means the material staging and production
    of tangible  personal  property  by  procedures  commonly
    regarded  as  manufacturing,  processing, fabrication, or
    assembling which changes some existing material into  new
    shapes, new qualities, or new combinations.  For purposes
    of  this  subsection (e) the term "mining" shall have the
    same meaning as the term "mining" in  Section  613(c)  of
    the   Internal   Revenue  Code.   For  purposes  of  this
    subsection (e), the term "retailing" means  the  sale  of
    tangible   personal  property  or  services  rendered  in
    conjunction with the sale of tangible consumer  goods  or
    commodities.
         (4)  The  basis  of  qualified property shall be the
    basis used to  compute  the  depreciation  deduction  for
    federal income tax purposes.
         (5)  If the basis of the property for federal income
    tax  depreciation purposes is increased after it has been
    placed in service in Illinois by the taxpayer, the amount
    of such increase  shall  be  deemed  property  placed  in
    service on the date of such increase in basis.
         (6)  The  term  "placed  in  service" shall have the
    same meaning as under Section 46 of the Internal  Revenue
    Code.
         (7)  If during any taxable year, any property ceases
    to  be  qualified  property  in the hands of the taxpayer
    within 48 months after being placed in  service,  or  the
    situs of any qualified property is moved outside Illinois
    within  48  months  after  being  placed  in service, the
    Personal Property Tax Replacement  Income  Tax  for  such
    taxable  year shall be increased.  Such increase shall be
    determined by (i) recomputing the investment credit which
    would have been allowed for the year in which credit  for
    such  property was originally allowed by eliminating such
    property from such computation and, (ii) subtracting such
    recomputed credit from the amount  of  credit  previously
    allowed.  For  the  purposes  of  this  paragraph  (7), a
    reduction of the basis of  qualified  property  resulting
    from  a  redetermination  of  the purchase price shall be
    deemed a disposition of qualified property to the  extent
    of such reduction.
         (8)  Unless  the  investment  credit  is extended by
    law, the basis of qualified property  shall  not  include
    costs  incurred after December 31, 2003, except for costs
    incurred pursuant to a binding contract entered  into  on
    or before December 31, 2003.
         (9)  Each  taxable  year, a partnership may elect to
    pass through to its partners the  credits  to  which  the
    partnership is entitled under this subsection (e) for the
    taxable  year.  A partner may use the credit allocated to
    him or her under this  paragraph  only  against  the  tax
    imposed  in  subsections (c) and (d) of this Section.  If
    the partnership makes that election, those credits  shall
    be  allocated  among  the  partners in the partnership in
    accordance with the rules set forth in Section 704(b)  of
    the  Internal  Revenue  Code,  and  the rules promulgated
    under that Section,  and  the  allocated  amount  of  the
    credits shall be allowed to the partners for that taxable
    year.   The  partnership  shall make this election on its
    Personal Property Tax Replacement Income Tax  return  for
    that  taxable  year.  The  election  to  pass through the
    credits shall be irrevocable.
    (f)  Investment credit; Enterprise Zone.
         (1)  A taxpayer shall be allowed  a  credit  against
    the  tax  imposed  by  subsections  (a)  and  (b) of this
    Section for investment in  qualified  property  which  is
    placed  in service in an Enterprise Zone created pursuant
    to the Illinois Enterprise Zone Act.  For  partners,  and
    for shareholders of Subchapter S corporations, and owners
    of  limited liability companies, if the liability company
    is treated as a partnership for purposes of  federal  and
    State  income  taxation,  there shall be allowed a credit
    under this subsection (f) to be determined in  accordance
    with  the  determination of income and distributive share
    of income under Sections 702 and 704 and Subchapter S  of
    the Internal Revenue Code. The credit shall be .5% of the
    basis  for  such property.  The credit shall be available
    only in the taxable year in which the property is  placed
    in  service  in  the  Enterprise  Zone  and  shall not be
    allowed to the extent that it would reduce  a  taxpayer's
    liability  for the tax imposed by subsections (a) and (b)
    of this Section to below zero. For tax years ending on or
    after December 31, 1985, the credit shall be allowed  for
    the  tax year in which the property is placed in service,
    or, if the amount of the credit exceeds the tax liability
    for that year, whether it exceeds the original  liability
    or  the  liability  as  later amended, such excess may be
    carried forward and applied to the tax liability of the 5
    taxable years  following  the  excess  credit  year.  The
    credit  shall  be  applied to the earliest year for which
    there is a liability. If there is credit from  more  than
    one tax year that is available to offset a liability, the
    credit accruing first in time shall be applied first.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is   tangible,   whether   new   or  used,
         including buildings  and  structural  components  of
         buildings;
              (B)  is  depreciable pursuant to Section 167 of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (f);
              (C)  is acquired  by  purchase  as  defined  in
         Section 179(d) of the Internal Revenue Code;
              (D)  is  used  in  the  Enterprise  Zone by the
         taxpayer; and
              (E)  has not been previously used  in  Illinois
         in  such  a  manner  and  by  such a person as would
         qualify for the credit provided by  this  subsection
         (f) or subsection (e).
         (3)  The  basis  of  qualified property shall be the
    basis used to  compute  the  depreciation  deduction  for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax  depreciation purposes is increased after it has been
    placed in service in the Enterprise Zone by the taxpayer,
    the amount of such  increase  shall  be  deemed  property
    placed in service on the date of such increase in basis.
         (5)  The  term  "placed  in  service" shall have the
    same meaning as under Section 46 of the Internal  Revenue
    Code.
         (6)  If during any taxable year, any property ceases
    to  be  qualified  property  in the hands of the taxpayer
    within 48 months after being placed in  service,  or  the
    situs  of  any  qualified  property  is moved outside the
    Enterprise Zone within 48 months after  being  placed  in
    service, the tax imposed under subsections (a) and (b) of
    this  Section  for  such taxable year shall be increased.
    Such increase shall be determined by (i) recomputing  the
    investment  credit  which would have been allowed for the
    year in which credit for  such  property  was  originally
    allowed   by   eliminating   such   property   from  such
    computation, and (ii) subtracting such recomputed  credit
    from  the  amount  of credit previously allowed.  For the
    purposes of this paragraph (6), a reduction of the  basis
    of qualified property resulting from a redetermination of
    the  purchase  price  shall  be  deemed  a disposition of
    qualified property to the extent of such reduction.
         (g)  Jobs Tax Credit; Enterprise  Zone  and  Foreign
Trade Zone or Sub-Zone.
         (1)  A taxpayer conducting a trade or business in an
    enterprise  zone  or a High Impact Business designated by
    the  Department  of  Commerce   and   Community   Affairs
    conducting  a trade or business in a federally designated
    Foreign Trade Zone or Sub-Zone shall be allowed a  credit
    against  the  tax  imposed  by subsections (a) and (b) of
    this Section in the amount of $500 per eligible  employee
    hired to work in the zone during the taxable year.
         (2)  To qualify for the credit:
              (A)  the  taxpayer must hire 5 or more eligible
         employees to work in an enterprise zone or federally
         designated Foreign Trade Zone or Sub-Zone during the
         taxable year;
              (B)  the taxpayer's total employment within the
         enterprise  zone  or  federally  designated  Foreign
         Trade Zone or Sub-Zone must increase by  5  or  more
         full-time  employees  beyond  the  total employed in
         that zone at the end of the previous  tax  year  for
         which  a  jobs  tax  credit  under  this Section was
         taken, or beyond the total employed by the  taxpayer
         as of December 31, 1985, whichever is later; and
              (C)  the  eligible  employees  must be employed
         180 consecutive days in order to be deemed hired for
         purposes of this subsection.
         (3)  An "eligible employee" means  an  employee  who
    is:
              (A)  Certified  by  the  Department of Commerce
         and Community Affairs  as  "eligible  for  services"
         pursuant  to  regulations  promulgated in accordance
         with Title II of the Job Training  Partnership  Act,
         Training Services for the Disadvantaged or Title III
         of  the Job Training Partnership Act, Employment and
         Training Assistance for Dislocated Workers Program.
              (B)  Hired  after  the   enterprise   zone   or
         federally  designated Foreign Trade Zone or Sub-Zone
         was designated or the trade or business was  located
         in that zone, whichever is later.
              (C)  Employed in the enterprise zone or Foreign
         Trade  Zone  or Sub-Zone. An employee is employed in
         an enterprise zone or federally  designated  Foreign
         Trade  Zone or Sub-Zone if his services are rendered
         there or it  is  the  base  of  operations  for  the
         services performed.
              (D)  A  full-time  employee  working 30 or more
         hours per week.
         (4)  For tax years ending on or after  December  31,
    1985  and prior to December 31, 1988, the credit shall be
    allowed for the tax year in which the eligible  employees
    are hired.  For tax years ending on or after December 31,
    1988,  the  credit  shall  be  allowed  for  the tax year
    immediately following the tax year in which the  eligible
    employees are hired.  If the amount of the credit exceeds
    the  tax  liability for that year, whether it exceeds the
    original liability or the  liability  as  later  amended,
    such excess may be carried forward and applied to the tax
    liability  of  the  5  taxable years following the excess
    credit year.  The credit shall be applied to the earliest
    year for which there is a liability. If there  is  credit
    from more than one tax year that is available to offset a
    liability, earlier credit shall be applied first.
         (5)  The Department of Revenue shall promulgate such
    rules and regulations as may be deemed necessary to carry
    out the purposes of this subsection (g).
         (6)  The  credit  shall  be  available  for eligible
    employees hired on or after January 1, 1986.
         (h)  Investment credit; High Impact Business.
         (1)  Subject to subsection (b) of Section 5.5 of the
    Illinois Enterprise Zone Act, a taxpayer shall be allowed
    a credit against the tax imposed by subsections  (a)  and
    (b)  of this Section for investment in qualified property
    which is placed in service by a  Department  of  Commerce
    and  Community  Affairs  designated High Impact Business.
    The credit shall be .5% of the basis for  such  property.
    The  credit  shall  not  be  available  until the minimum
    investments in qualified property set  forth  in  Section
    5.5  of  the  Illinois  Enterprise  Zone  Act  have  been
    satisfied  and shall not be allowed to the extent that it
    would reduce a taxpayer's liability for the  tax  imposed
    by subsections (a) and (b) of this Section to below zero.
    The  credit  applicable to such minimum investments shall
    be taken in  the  taxable  year  in  which  such  minimum
    investments   have   been   completed.   The  credit  for
    additional investments beyond the minimum investment by a
    designated high impact business shall be  available  only
    in  the  taxable  year in which the property is placed in
    service and shall not be allowed to the  extent  that  it
    would  reduce  a taxpayer's liability for the tax imposed
    by subsections (a) and (b) of this Section to below zero.
    For tax years ending on or after December 31,  1987,  the
    credit  shall  be  allowed  for the tax year in which the
    property is placed in service, or, if the amount  of  the
    credit  exceeds  the tax liability for that year, whether
    it exceeds the original liability  or  the  liability  as
    later  amended,  such  excess  may be carried forward and
    applied to the tax  liability  of  the  5  taxable  years
    following  the  excess  credit year.  The credit shall be
    applied to  the  earliest  year  for  which  there  is  a
    liability.   If  there  is  credit from more than one tax
    year that is available to offset a liability, the  credit
    accruing first in time shall be applied first.
         Changes  made  in  this subdivision (h)(1) by Public
    Act 88-670 restore changes made by Public Act 85-1182 and
    reflect existing law.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (h);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code; and
              (D)  is not eligible for  the  Enterprise  Zone
         Investment Credit provided by subsection (f) of this
         Section.
         (3)  The  basis  of  qualified property shall be the
    basis used to  compute  the  depreciation  deduction  for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax  depreciation purposes is increased after it has been
    placed in service in a federally designated Foreign Trade
    Zone or Sub-Zone located in Illinois by the taxpayer, the
    amount of such increase shall be deemed  property  placed
    in service on the date of such increase in basis.
         (5)  The  term  "placed  in  service" shall have the
    same meaning as under Section 46 of the Internal  Revenue
    Code.
         (6)  If  during any taxable year ending on or before
    December 31, 1996, any property ceases  to  be  qualified
    property  in  the  hands of the taxpayer within 48 months
    after being placed  in  service,  or  the  situs  of  any
    qualified  property  is  moved outside Illinois within 48
    months after being placed in  service,  the  tax  imposed
    under  subsections  (a)  and (b) of this Section for such
    taxable year shall be increased.  Such increase shall  be
    determined by (i) recomputing the investment credit which
    would  have been allowed for the year in which credit for
    such property was originally allowed by eliminating  such
    property from such computation, and (ii) subtracting such
    recomputed  credit  from  the amount of credit previously
    allowed.  For the  purposes  of  this  paragraph  (6),  a
    reduction  of  the  basis of qualified property resulting
    from a redetermination of the  purchase  price  shall  be
    deemed  a disposition of qualified property to the extent
    of such reduction.
         (7)  Beginning with tax years ending after  December
    31,  1996,  if  a taxpayer qualifies for the credit under
    this  subsection  (h)  and  thereby  is  granted  a   tax
    abatement  and the taxpayer relocates its entire facility
    in violation of the explicit  terms  and  length  of  the
    contract  under  Section 18-183 of the Property Tax Code,
    the tax imposed under subsections (a)  and  (b)  of  this
    Section  shall be increased for the taxable year in which
    the taxpayer relocated its facility by an amount equal to
    the amount of credit received by the taxpayer under  this
    subsection (h).
    (i)  A credit shall be allowed against the tax imposed by
subsections  (a)  and (b) of this Section for the tax imposed
by subsections (c) and (d)  of  this  Section.   This  credit
shall   be   computed  by  multiplying  the  tax  imposed  by
subsections (c) and (d) of this Section by  a  fraction,  the
numerator  of  which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying  the  product  by  the  tax   rate   imposed   by
subsections (a) and (b) of this Section.
    Any  credit  earned  on  or after December 31, 1986 under
this subsection which is unused in the  year  the  credit  is
computed  because  it  exceeds  the  tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may  be
carried  forward  and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following  the
excess  credit  year.   This credit shall be applied first to
the earliest year for which there is a liability.   If  there
is a credit under this subsection from more than one tax year
that  is  available to offset a liability the earliest credit
arising under this subsection shall be applied first.
    If, during any taxable year ending on or  after  December
31,  1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under  this
subsection  (i) is reduced, the amount of credit for such tax
shall also be reduced.  Such reduction shall be determined by
recomputing the credit to take into account the  reduced  tax
imposed  by  subsection  (c)  and (d).  If any portion of the
reduced amount of credit has  been  carried  to  a  different
taxable  year,  an  amended  return  shall  be filed for such
taxable year to reduce the amount of credit claimed.
    (j)  Training expense credit.  Beginning with  tax  years
ending  on  or  after  December 31, 1986, a taxpayer shall be
allowed a credit against the tax imposed  by  subsection  (a)
and  (b)  under this Section for all amounts paid or accrued,
on behalf of all persons employed by the taxpayer in Illinois
or Illinois residents  employed  outside  of  Illinois  by  a
taxpayer,   for   educational   or   vocational  training  in
semi-technical or technical fields or semi-skilled or skilled
fields,  which  were  deducted  from  gross  income  in   the
computation  of  taxable  income.  The credit against the tax
imposed by subsections (a) and (b)  shall  be  1.6%  of  such
training  expenses.   For  partners,  and for shareholders of
subchapter S corporations, and owners  of  limited  liability
companies,   if   the  liability  company  is  treated  as  a
partnership  for  purposes  of  federal  and   State   income
taxation,   there  shall  be  allowed  a  credit  under  this
subsection (j)  to  be  determined  in  accordance  with  the
determination  of  income  and  distributive  share of income
under Sections 702 and 704 and subchapter S of  the  Internal
Revenue Code.
    Any  credit allowed under this subsection which is unused
in the year the credit is earned may be  carried  forward  to
each  of the 5 taxable years following the year for which the
credit is first computed until it is used.  This credit shall
be applied first to the earliest year for which  there  is  a
liability.   If  there is a credit under this subsection from
more than  one  tax  year  that  is  available  to  offset  a
liability  the  earliest credit arising under this subsection
shall be applied first.
    (k)  Research and development credit.
    Beginning with tax years ending after  July  1,  1990,  a
taxpayer shall be allowed a credit against the tax imposed by
subsections  (a)  and  (b)  of  this  Section  for increasing
research  activities  in  this  State.   The  credit  allowed
against the tax imposed by subsections (a) and (b)  shall  be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State. For partners, shareholders
of subchapter S corporations, and owners of limited liability
companies,   if   the  liability  company  is  treated  as  a
partnership  for  purposes  of  federal  and   State   income
taxation,   there  shall  be  allowed  a  credit  under  this
subsection  to  be  determined   in   accordance   with   the
determination  of  income  and  distributive  share of income
under Sections 702 and 704 and subchapter S of  the  Internal
Revenue Code.
    For    purposes    of    this   subsection,   "qualifying
expenditures" means the qualifying  expenditures  as  defined
for  the  federal  credit  for increasing research activities
which would be allowable under Section  41  of  the  Internal
Revenue   Code   and  which  are  conducted  in  this  State,
"qualifying expenditures for increasing  research  activities
in  this  State"  means the excess of qualifying expenditures
for the  taxable  year  in  which  incurred  over  qualifying
expenditures  for  the  base period, "qualifying expenditures
for the base period" means  the  average  of  the  qualifying
expenditures  for  each  year  in  the base period, and "base
period" means the 3 taxable years immediately  preceding  the
taxable year for which the determination is being made.
    Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused  credit  shown  on  its final completed return carried
over as a credit against the tax liability for the  following
5  taxable  years  or until it has been fully used, whichever
occurs first.
    If an unused credit is carried forward to  a  given  year
from  2  or  more  earlier  years, that credit arising in the
earliest year will be applied first against the tax liability
for the given year.  If a tax liability for  the  given  year
still  remains,  the  credit from the next earliest year will
then be applied, and so on, until all credits have been  used
or  no  tax  liability  for  the  given  year  remains.   Any
remaining  unused  credit  or  credits  then  will be carried
forward to the next following year in which a  tax  liability
is  incurred, except that no credit can be carried forward to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
    Unless extended by law,  the  credit  shall  not  include
costs  incurred  after  December  31,  2004, except for costs
incurred pursuant to a binding contract entered  into  on  or
before December 31, 2004.
    No  inference  shall be drawn from this amendatory Act of
the 91st General Assembly  in  construing  this  Section  for
taxable years beginning before January 1, 1999.
    (l)  Environmental Remediation Tax Credit.
         (i)  For  tax   years ending after December 31, 1997
    and on or before December 31, 2001, a taxpayer  shall  be
    allowed  a  credit against the tax imposed by subsections
    (a) and (b) of this Section for certain amounts paid  for
    unreimbursed  eligible remediation costs, as specified in
    this  subsection.   For   purposes   of   this   Section,
    "unreimbursed  eligible  remediation  costs"  means costs
    approved by the Illinois Environmental Protection  Agency
    ("Agency")  under  Section  58.14  of  the  Environmental
    Protection Act that were paid in performing environmental
    remediation  at a site for which a No Further Remediation
    Letter was  issued  by  the  Agency  and  recorded  under
    Section  58.10  of the Environmental Protection Act.  The
    credit must be claimed for  the  taxable  year  in  which
    Agency  approval  of  the  eligible  remediation costs is
    granted.  The credit is not available to any taxpayer  if
    the  taxpayer  or any related party caused or contributed
    to, in any  material  respect,  a  release  of  regulated
    substances  on, in, or under the site that was identified
    and addressed by the remedial action pursuant to the Site
    Remediation Program of the Environmental Protection  Act.
    After  the  Pollution  Control  Board  rules  are adopted
    pursuant to the Illinois Administrative Procedure Act for
    the administration and enforcement of Section 58.9 of the
    Environmental Protection Act, determinations as to credit
    availability for purposes of this Section shall  be  made
    consistent  with  those  rules.   For  purposes  of  this
    Section,   "taxpayer"   includes   a   person  whose  tax
    attributes the taxpayer has succeeded  to  under  Section
    381  of  the  Internal  Revenue  Code and "related party"
    includes the persons disallowed a deduction for losses by
    paragraphs (b), (c), and (f)(1) of  Section  267  of  the
    Internal  Revenue  Code  by  virtue  of  being  a related
    taxpayer, as well as any of  its  partners.   The  credit
    allowed  against  the  tax imposed by subsections (a) and
    (b) shall be equal to 25% of  the  unreimbursed  eligible
    remediation  costs in excess of $100,000 per site, except
    that the $100,000 threshold shall not apply to  any  site
    contained  in  an  enterprise  zone  as determined by the
    Department of Commerce and Community Affairs.  The  total
    credit  allowed  shall not exceed $40,000 per year with a
    maximum total of $150,000 per  site.   For  partners  and
    shareholders of subchapter S corporations, there shall be
    allowed  a  credit under this subsection to be determined
    in  accordance  with  the  determination  of  income  and
    distributive share of income under Sections 702  and  704
    of subchapter S of the Internal Revenue Code.
         (ii)  A credit allowed under this subsection that is
    unused  in  the  year the credit is earned may be carried
    forward to each of the 5 taxable years following the year
    for which the credit is first earned until  it  is  used.
    The  term "unused credit" does not include any amounts of
    unreimbursed eligible remediation costs in excess of  the
    maximum  credit  per site authorized under paragraph (i).
    This credit shall be applied first to the  earliest  year
    for  which  there  is  a liability.  If there is a credit
    under this subsection from more than one tax year that is
    available to offset  a  liability,  the  earliest  credit
    arising  under this subsection shall be applied first.  A
    credit allowed under this subsection may  be  sold  to  a
    buyer as part of a sale of all or part of the remediation
    site  for which the credit was granted.  The purchaser of
    a remediation site and the tax credit  shall  succeed  to
    the  unused  credit and remaining carry-forward period of
    the seller.  To perfect the transfer, the assignor  shall
    record  the  transfer  in the chain of title for the site
    and  provide  written  notice  to  the  Director  of  the
    Illinois Department of Revenue of the  assignor's  intent
    to  sell  the  remediation site and the amount of the tax
    credit to be transferred as a portion of the sale.  In no
    event may a credit be transferred to any taxpayer if  the
    taxpayer  or  a related party would not be eligible under
    the provisions of subsection (i).
         (iii)  For purposes of this Section, the term "site"
    shall have the same meaning as under Section 58.2 of  the
    Environmental Protection Act.
(Source:  P.A.  89-235,  eff.  8-4-95;  89-519, eff. 7-18-96;
89-591, eff.  8-1-96;  90-123,  eff.  7-21-97;  90-458,  eff.
8-17-97;  90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717,
eff. 8-7-98; 90-792, eff. 1-1-99; revised 9-16-98.)

    Section 5.  The  Use  Tax  Act  is  amended  by  changing
Section 3-5 as follows:

    (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.
    (26)  Beginning January 1, 2000, new  or  used  automatic
vending   machines  that  prepare  and  serve  hot  food  and
beverages, including  coffee,  soup,  and  other  items,  and
replacement  parts  for  these  machines.   This paragraph is
exempt from the provisions of Section 3-90.
(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.)

    Section  10.   The  Service  Use  Tax  Act  is amended by
changing Section 3-5 as follows:

    (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.
    (19)   Beginning  January  1, 2000, new or used automatic
vending  machines  that  prepare  and  serve  hot  food   and
beverages,  including  coffee,  soup,  and  other  items, and
replacement parts for these  machines.    This  paragraph  is
exempt from the provisions of Section 3-75.
(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.)

    Section 15.  The Service Occupation Tax Act is amended by
changing Section 3-5 as follows:
    (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 3-55 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.
    (20)   Beginning  January  1, 2000, new or used automatic
vending  machines  that  prepare  and  serve  hot  food   and
beverages,  including  coffee,  soup,  and  other  items, and
replacement parts for these  machines.    This  paragraph  is
exempt from the provisions of Section 3-55.
(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; revised 2-10-99.)

    Section 20.  The Retailers' Occupation Tax Act is amended
by changing Section 2-5 as follows:
    (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 2-70 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.
    (32)   Beginning  January  1, 2000, new or used automatic
vending  machines  that  prepare  and  serve  hot  food   and
beverages,  including  coffee,  soup,  and  other  items, and
replacement parts for these  machines.    This  paragraph  is
exempt from the provisions of Section 2-70.
(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;
revised 2-10-99.)

    Section 25.  The Property Tax Code is amended by changing
Section 18-165 as follows:

    (35 ILCS 200/18-165)
    Sec. 18-165. Abatement of taxes.
    (a)  Any taxing district, upon a  majority  vote  of  its
governing  authority,  may,  after  the  determination of the
assessed valuation of its property, order the clerk  of  that
county  to  abate  any  portion of its taxes on the following
types of property:
         (1)  Commercial and industrial.
              (A)  The  property   of   any   commercial   or
         industrial  firm,  including  but not limited to the
         property of any firm that is  used  for  collecting,
         separating,   storing,   or   processing  recyclable
         materials,  locating  within  the  taxing   district
         during  the  immediately preceding year from another
         state, territory, or country, or having  been  newly
         created  within  this  State  during the immediately
         preceding year, or expanding an  existing  facility.
         The  abatement shall not exceed a period of 10 years
         and the aggregate amount of  abated  taxes  for  all
         taxing   districts   combined   shall   not   exceed
         $4,000,000; or
              (B)  The   property   of   any   commercial  or
         industrial development of at least 500 acres  having
         been   created  within  the  taxing  district.   The
         abatement shall not exceed a period of 20 years  and
         the  aggregate amount of abated taxes for all taxing
         districts combined shall not exceed $12,000,000.
              (C)  The  property   of   any   commercial   or
         industrial  firm  currently  located  in  the taxing
         district that expands a facility or  its  number  of
         employees.  The  abatement shall not exceed a period
         of 10 years and the aggregate amount of abated taxes
         for all taxing districts combined shall  not  exceed
         $4,000,000.  The  abatement period may be renewed at
         the option of the taxing districts.
         (2)  Horse  racing.   Any  property  in  the  taxing
    district which is used for the racing of horses and  upon
    which   capital  improvements  consisting  of  expansion,
    improvement or replacement of  existing  facilities  have
    been  made  since  July 1, 1987.  The combined abatements
    for such property from all taxing districts in any county
    shall not exceed $5,000,000 annually and shall not exceed
    a period of 10 years.
         (3)  Auto racing.  Any property designed exclusively
    for the racing of motor vehicles.  Such  abatement  shall
    not exceed a period of 10 years.
         (4)  Academic  or  research institute.  The property
    of any academic  or  research  institute  in  the  taxing
    district   that  (i)  is  an  exempt  organization  under
    paragraph (3) of Section 501(c) of the  Internal  Revenue
    Code,  (ii)  operates  for  the  benefit of the public by
    actually and exclusively performing  scientific  research
    and  making  the results of the research available to the
    interested public  on  a  non-discriminatory  basis,  and
    (iii)  employs  more  than  100  employees.  An abatement
    granted under this paragraph shall be  for  at  least  15
    years  and  the  aggregate amount of abated taxes for all
    taxing districts combined shall not exceed $5,000,000.
         (5)  Housing for older persons.  Any property in the
    taxing district that is devoted exclusively to affordable
    housing for  older  households.   For  purposes  of  this
    paragraph,  "older households" means those households (i)
    living in housing provided under  any  State  or  federal
    program that the Department of Human Rights determines is
    specifically  designed  and  operated  to  assist elderly
    persons and is solely occupied by persons 55 years of age
    or older and (ii) whose annual income does not exceed 80%
    of the area gross  median  income,  adjusted  for  family
    size,   as  such  gross  income  and  median  income  are
    determined  from  time  to  time  by  the  United  States
    Department  of  Housing  and  Urban   Development.    The
    abatement  shall not exceed a period of 15 years, and the
    aggregate amount of abated taxes for all taxing districts
    shall not exceed $3,000,000.
         (6)  Historical society.  For assessment years  1998
    through  2000,  the  property  of  an  historical society
    qualifying  as  an  exempt  organization  under   Section
    501(c)(3) of the federal Internal Revenue Code.
    (b)  Upon a majority vote of its governing authority, any
municipality  may,  after  the  determination of the assessed
valuation of its property, order the county  clerk  to  abate
any  portion  of  its  taxes  on any property that is located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source:  P.A.  89-561,  eff.  1-1-97;  90-46,  eff.  7-3-97;
90-415, eff.  8-15-97;  90-568,  eff.  1-1-99;  90-655,  eff.
7-30-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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