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92nd General Assembly

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Public Act 92-0208

HB0263 Enrolled                                LRB9203561MWpk

    AN ACT in relation to the local governments.

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

    Section  5.  The State Finance Act is amended by changing
Section 8.25f and adding Sections 5.545 and 6z-51 as follows:

    (30 ILCS 105/5.545 new)
    Sec. 5.545.  The Statewide Economic Development Fund.

    (30 ILCS 105/6z-51 new)
    Sec. 6z-51.  Statewide Economic Development Fund.
    (a)  The Statewide Economic Development Fund  is  created
as  a special fund in the State treasury.  Moneys in the Fund
shall be used, subject to appropriation, for the  purpose  of
statewide economic development activities.

    (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f)
    Sec. 8.25f.  McCormick Place Expansion Project Fund.
    (a)  Deposits.   The following amounts shall be deposited
into the McCormick Place Expansion Project Fund in the  State
Treasury:  (i)  the  moneys required to be deposited into the
Fund under Section 9 of the Use Tax Act,  Section  9  of  the
Service  Occupation Tax Act, Section 9 of the Service Use Tax
Act, and Section 3 of the Retailers' Occupation Tax  Act  and
(ii)  the moneys required to be deposited into the Fund under
Section 13 of the Metropolitan Pier and Exposition  Authority
Act.  Notwithstanding  the foregoing, the maximum amount that
may be deposited into the McCormick Place  Expansion  Project
Fund  from  item  (i)  shall not exceed the following amounts
with respect to the following fiscal years:
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                  93,000,000    84,000,000
               2003                  99,000,000    89,000,000
               2004                 103,000,000    93,000,000
               2005                 108,000,000    97,000,000
               2006                 113,000,000   102,000,000
               2007                 119,000,000   108,000,000
               2008                 126,000,000   115,000,000
               2009                 132,000,000   120,000,000
               2010                 139,000,000   126,000,000
               2011                 146,000,000   132,000,000
               2012                 153,000,000   138,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
                                                  145,000,000
each fiscal year thereafter
that bonds are outstanding
under Section 13.2 of the
Metropolitan Pier and Exposition
Authority Act, but not after
fiscal year 2042 2029.
    Provided that all  amounts  deposited  in  the  Fund  and
requested  in  the  Authority's certificate have been paid to
the Authority, all amounts remaining in the  McCormick  Place
Expansion  Project Fund on the last day of any month shall be
transferred to the General Revenue Fund.
    (b)  Authority certificate.  Beginning with  fiscal  year
1994  and  continuing  for  each  fiscal year thereafter, the
Chairman of the Metropolitan Pier  and  Exposition  Authority
shall annually certify to the State Comptroller and the State
Treasurer  the  amount  necessary  and  required,  during the
fiscal year with respect to which the certification is  made,
to pay the debt service requirements (including amounts to be
paid  with  respect  to  arrangements  to  provide additional
security or liquidity) on all outstanding  bonds  and  notes,
including  refunding  bonds,  (collectively  referred  to  as
"bonds")  in  an  amount  issued by the Authority pursuant to
Section  13.2  of  the  Metropolitan  Pier   and   Exposition
Authority  Act.  The  certificate may be amended from time to
time as necessary.
(Source: P.A. 90-612, eff. 7-8-98; 91-101, eff. 7-12-99.)

    Section 15.  The Use  Tax  Act  is  amended  by  changing
Section 9 as follows:

    (35 ILCS 105/9) (from Ch. 120, par. 439.9)
    Sec.   9.  Except   as  to  motor  vehicles,  watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this  State,  each retailer required or
authorized to collect the tax imposed by this Act  shall  pay
to the Department the amount of such tax (except as otherwise
provided)  at the time when he is required to file his return
for the period during which such tax was  collected,  less  a
discount  of  2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever  is
greater,  which  is  allowed  to  reimburse  the retailer for
expenses incurred in collecting  the  tax,  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to the Department on request.  In the case of retailers
who report and pay the tax on a  transaction  by  transaction
basis,  as  provided  in this Section, such discount shall be
taken with each such tax  remittance  instead  of  when  such
retailer  files  his  periodic  return.   A retailer need not
remit that part of any tax collected by  him  to  the  extent
that  he  is required to remit and does remit the tax imposed
by the Retailers' Occupation Tax Act,  with  respect  to  the
sale of the same property.
    Where  such  tangible  personal  property is sold under a
conditional sales contract, or under any other form  of  sale
wherein  the payment of the principal sum, or a part thereof,
is extended beyond the close of  the  period  for  which  the
return  is filed, the retailer, in collecting the tax (except
as to motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this  State),
may  collect  for  each  tax  return  period,  only  the  tax
applicable  to  that  part  of  the  selling  price  actually
received during such tax return period.
    Except  as  provided  in  this  Section, on or before the
twentieth day of each calendar  month,  such  retailer  shall
file  a return for the preceding calendar month.  Such return
shall be filed on forms  prescribed  by  the  Department  and
shall   furnish   such  information  as  the  Department  may
reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar month from sales of
    tangible personal property by him during  such  preceding
    calendar  month,  including receipts from charge and time
    sales, but less all deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000  or  more  shall
make  all  payments  required  by  rules of the Department by
electronic funds  transfer.  Beginning  October  1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department by electronic funds transfer. Beginning October 1,
2000,  a taxpayer who has an annual tax liability of $200,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic  funds transfer.  The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under  this  Act,  and  under  all  other  State  and   local
occupation  and  use tax laws administered by the Department,
for  the  immediately  preceding  calendar  year.  The   term
"average   monthly  tax  liability"  means  the  sum  of  the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to make payments by  electronic  funds  transfer  shall  make
those payments for a minimum of one year beginning on October
1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Before October 1, 2000, if the taxpayer's average monthly
tax  liability  to  the  Department  under  this   Act,   the
Retailers'  Occupation  Tax  Act,  the Service Occupation Tax
Act, the Service Use Tax Act was $10,000 or more  during  the
preceding  4  complete  calendar  quarters,  he  shall file a
return with the Department each month by the 20th day of  the
month   next  following  the  month  during  which  such  tax
liability  is  incurred  and  shall  make  payments  to   the
Department  on  or before the 7th, 15th, 22nd and last day of
the month during which such liability  is  incurred.  On  and
after  October 1, 2000, if the taxpayer's average monthly tax
liability to the Department under this  Act,  the  Retailers'
Occupation  Tax  Act, the Service Occupation Tax Act, and the
Service Use Tax Act was $20,000 or more during the  preceding
4 complete calendar quarters, he shall file a return with the
Department  each  month  by  the  20th  day of the month next
following the  month  during  which  such  tax  liability  is
incurred  and  shall  make  payment  to  the Department on or
before the 7th, 15th, 22nd and last day of the  month  during
which  such  liability is incurred. If the month during which
such tax liability is incurred  began  prior  to  January  1,
1985,  each payment shall be in an amount equal to 1/4 of the
taxpayer's actual liability for the month or an amount set by
the Department not to  exceed  1/4  of  the  average  monthly
liability of the taxpayer to the Department for the preceding
4  complete calendar quarters (excluding the month of highest
liability and the month of lowest liability in such 4 quarter
period).  If the month during which  such  tax  liability  is
incurred  begins  on  or  after January 1, 1985, and prior to
January 1, 1987, each payment shall be in an amount equal  to
22.5%  of  the  taxpayer's  actual liability for the month or
27.5% of the taxpayer's liability for the same calendar month
of the preceding year.  If the month during  which  such  tax
liability is incurred begins on or after January 1, 1987, and
prior  to January 1, 1988, each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  26.25%  of  the  taxpayer's liability for the same
calendar month of the preceding year.  If  the  month  during
which  such  tax  liability  is  incurred  begins on or after
January 1, 1988, and prior to January 1, 1989, or  begins  on
or  after January 1, 1996, each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  25%  of  the  taxpayer's  liability  for  the same
calendar month of the preceding year.  If  the  month  during
which  such  tax  liability  is  incurred  begins on or after
January 1, 1989, and prior to January 1, 1996,  each  payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability  for  the  month or 25% of the taxpayer's liability
for the same calendar month of the preceding year or 100%  of
the  taxpayer's  actual  liability  for  the  quarter monthly
reporting  period.   The  amount  of  such  quarter   monthly
payments shall be credited against the final tax liability of
the  taxpayer's  return  for  that  month.  Before October 1,
2000, once applicable,  the  requirement  of  the  making  of
quarter  monthly  payments  to  the Department shall continue
until  such  taxpayer's  average  monthly  liability  to  the
Department during the preceding 4 complete calendar  quarters
(excluding  the  month  of highest liability and the month of
lowest  liability)  is  less  than  $9,000,  or  until   such
taxpayer's  average  monthly  liability  to the Department as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However, if  a  taxpayer  can  show  the  Department  that  a
substantial  change  in  the taxpayer's business has occurred
which causes the taxpayer  to  anticipate  that  his  average
monthly  tax  liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition  the  Department  for  change  in  such
taxpayer's  reporting  status.  On and after October 1, 2000,
once applicable, the requirement of  the  making  of  quarter
monthly  payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during
the preceding 4 complete  calendar  quarters  (excluding  the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability  to  the  Department  as computed for each calendar
quarter of the 4 preceding complete calendar  quarter  period
is  less  than  $20,000.  However, if a taxpayer can show the
Department  that  a  substantial  change  in  the  taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax  liability  for  the  reasonably
foreseeable  future  will  fall  below  the $20,000 threshold
stated above, then such taxpayer may petition the  Department
for  a  change  in  such  taxpayer's  reporting  status.  The
Department shall  change  such  taxpayer's  reporting  status
unless  it  finds  that such change is seasonal in nature and
not likely to be long  term.  If  any  such  quarter  monthly
payment  is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
and the amount of such quarter monthly payment  actually  and
timely  paid,  except  insofar as the taxpayer has previously
made payments for that month to the Department in  excess  of
the  minimum  payments  previously  due  as  provided in this
Section.  The Department  shall  make  reasonable  rules  and
regulations  to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    If any such payment provided for in this Section  exceeds
the  taxpayer's  liabilities  under  this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax  Act  and  the
Service  Use Tax Act, as shown by an original monthly return,
the  Department  shall  issue  to  the  taxpayer   a   credit
memorandum  no  later than 30 days after the date of payment,
which memorandum may be submitted  by  the  taxpayer  to  the
Department  in  payment  of  tax liability subsequently to be
remitted by the taxpayer to the Department or be assigned  by
the  taxpayer  to  a  similar  taxpayer  under  this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax Act
or the Service Use Tax Act,  in  accordance  with  reasonable
rules  and  regulations  to  be prescribed by the Department,
except that if such excess payment is shown  on  an  original
monthly return and is made after December 31, 1986, no credit
memorandum shall be issued, unless requested by the taxpayer.
If  no  such  request  is  made, the taxpayer may credit such
excess payment  against  tax  liability  subsequently  to  be
remitted  by  the  taxpayer to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act or the Service Use Tax Act, in accordance with reasonable
rules and regulations prescribed by the Department.   If  the
Department  subsequently  determines  that all or any part of
the credit taken was not actually due to  the  taxpayer,  the
taxpayer's  2.1%  or 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% of the difference between the  credit  taken
and  that  actually due, and the taxpayer shall be liable for
penalties and interest on such difference.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return for January, February, and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability   to  the  Department  does  not  exceed  $50,  the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    In addition, with respect to motor vehicles,  watercraft,
aircraft,  and  trailers  that  are required to be registered
with an agency of this State,  every  retailer  selling  this
kind  of  tangible  personal  property  shall  file, with the
Department, upon a form to be prescribed and supplied by  the
Department,  a separate return for each such item of tangible
personal property which the retailer sells, except  that  if,
in   the  same  transaction,  (i)  a  retailer  of  aircraft,
watercraft, motor vehicles or trailers  transfers  more  than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor vehicle or trailer retailer for
the purpose  of  resale  or  (ii)  a  retailer  of  aircraft,
watercraft,  motor  vehicles, or trailers transfers more than
one aircraft, watercraft, motor  vehicle,  or  trailer  to  a
purchaser  for  use as a qualifying rolling stock as provided
in Section 3-55 of this Act, then that seller may report  the
transfer  of  all the aircraft, watercraft, motor vehicles or
trailers involved in that transaction to  the  Department  on
the  same  uniform invoice-transaction reporting return form.
For purposes of this Section, "watercraft" means a  Class  2,
Class  3,  or Class 4 watercraft as defined in Section 3-2 of
the Boat Registration and Safety Act, a personal  watercraft,
or any boat equipped with an inboard motor.
    The  transaction  reporting  return  in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of the Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft and aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale, a  sufficient  identification  of
the   property  sold,  and  such  other  information  as  the
Department may reasonably require.
    Such transaction reporting  return  shall  be  filed  not
later  than  20  days  after the date of delivery of the item
that is being sold, but may be filed by the retailer  at  any
time   sooner  than  that  if  he  chooses  to  do  so.   The
transaction reporting return and tax remittance or  proof  of
exemption  from  the  tax  that is imposed by this Act may be
transmitted to the Department by way of the State agency with
which, or State officer  with  whom,  the  tangible  personal
property   must  be  titled  or  registered  (if  titling  or
registration is required) if the Department and  such  agency
or  State officer determine that this procedure will expedite
the processing of applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall  issue,  in  the  purchaser's  name,  a  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  tax  or  proof of exemption made to the Department before
the retailer is willing to take these actions and  such  user
has  not  paid the tax to the retailer, such user may certify
to the fact of such delay by the retailer, and may (upon  the
Department   being   satisfied   of   the   truth   of   such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Where  a  retailer  collects  the tax with respect to the
selling price of tangible personal property  which  he  sells
and  the  purchaser thereafter returns such tangible personal
property and the retailer refunds the selling  price  thereof
to  the  purchaser,  such  retailer shall also refund, to the
purchaser, the tax so  collected  from  the  purchaser.  When
filing his return for the period in which he refunds such tax
to  the  purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from  any  other  use
tax  which  such  retailer may be required to pay or remit to
the Department, as shown by such return, if the amount of the
tax to be deducted was previously remitted to the  Department
by  such  retailer.   If  the  retailer  has  not  previously
remitted  the  amount  of  such  tax to the Department, he is
entitled to no deduction under this Act upon  refunding  such
tax to the purchaser.
    Any  retailer  filing  a  return under this Section shall
also include (for the purpose  of  paying  tax  thereon)  the
total  tax  covered  by such return upon the selling price of
tangible personal property purchased by him at retail from  a
retailer, but as to which the tax imposed by this Act was not
collected  from  the  retailer  filing  such return, and such
retailer shall remit the amount of such tax to the Department
when filing such return.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable retailers, who are required to
file  returns  hereunder  and  also  under   the   Retailers'
Occupation  Tax  Act,  to  furnish all the return information
required by both Acts on the one form.
    Where the retailer has more than one business  registered
with  the  Department  under separate registration under this
Act, such retailer may not file each return that is due as  a
single  return  covering  all such registered businesses, but
shall  file  separate  returns  for  each   such   registered
business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform  Fund,  a
special  fund  in the State Treasury which is hereby created,
the net revenue realized for the preceding month from the  1%
tax  on  sales  of  food for human consumption which is to be
consumed off the  premises  where  it  is  sold  (other  than
alcoholic  beverages,  soft  drinks  and  food which has been
prepared for  immediate  consumption)  and  prescription  and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin,  urine  testing materials, syringes and needles used
by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the County and Mass Transit District Fund 4%
of the net revenue realized for the preceding month from  the
6.25%  general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by  an  agency  of
this State's government.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform  Fund,  a
special  fund  in  the State Treasury, 20% of the net revenue
realized for the preceding month from the 6.25% general  rate
on  the  selling  price  of tangible personal property, other
than tangible personal property which  is  purchased  outside
Illinois  at  retail  from  a retailer and which is titled or
registered by an agency of this State's government.
    Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform  Fund  100%  of
the  net  revenue  realized  for the preceding month from the
1.25% rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by  an  agency  of
this State's government.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section  9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section  9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of  2.2%
or  3.8%,  as  the  case  may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the  amount  transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  be less than the Annual Specified Amount
(as defined in Section 3 of  the  Retailers'  Occupation  Tax
Act),  an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys  received
by  the  Department  pursuant  to  the  Tax Acts; and further
provided, that if on the last business day of any  month  the
sum  of  (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the  Build  Illinois  Fund
during  such month and (2) the amount transferred during such
month to the Build Illinois Fund from  the  State  and  Local
Sales  Tax  Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal  to  the  difference
shall  be  immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to  the  Tax
Acts;  and,  further  provided,  that  in  no event shall the
payments required  under  the  preceding  proviso  result  in
aggregate  payments  into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the  greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable  into  the  Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing  Bonds  issued
and  outstanding  pursuant  to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for  the
defeasance of or the payment of the principal of, premium, if
any,  and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter  and  all  fees
and  costs  payable with respect thereto, all as certified by
the Director of the Bureau of the Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of the  preceding  sentence.   The  moneys  received  by  the
Department  pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of the  sums  designated
as  "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                  93,000,000    84,000,000
               2003                  99,000,000    89,000,000
               2004                 103,000,000    93,000,000
               2005                 108,000,000    97,000,000
               2006                 113,000,000   102,000,000
               2007                 119,000,000   108,000,000
               2008                 126,000,000   115,000,000
               2009                 132,000,000   120,000,000
               2010                 139,000,000   126,000,000
               2011                 146,000,000   132,000,000
               2012                 153,000,000   138,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
                                                  145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042 2029.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in  any amendment thereto
hereafter enacted, each month the Department shall  pay  into
the Local Government Distributive Fund .4% of the net revenue
realized for the preceding month from the 5% general rate, or
.4%  of  80%  of  the  net revenue realized for the preceding
month from the 6.25% general rate, as the case may be, on the
selling price of  tangible  personal  property  which  amount
shall,  subject  to appropriation, be distributed as provided
in Section 2 of the State Revenue Sharing Act. No payments or
distributions pursuant to this paragraph shall be made if the
tax imposed  by  this  Act  on  photoprocessing  products  is
declared  unconstitutional,  or if the proceeds from such tax
are unavailable for distribution because of litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof  shall  be  paid  into  the
State Treasury and 25% shall be reserved in a special account
and  used  only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month.
Beginning April 1, 2000, this transfer is no longer  required
and shall not be made.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of administration,  manufacturers,
importers  and  wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and  paying  to  the
Department  all  tax  accruing under this Act with respect to
such sales, if the retailers who are  affected  do  not  make
written objection to the Department to this arrangement.
(Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
91-37,   eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,  eff.
7-12-99; 91-541, eff. 8-13-99; 91-872, eff.  7-1-00;  91-901,
eff. 1-1-01; revised 8-30-00.)

    Section  20.   The  Service  Use  Tax  Act  is amended by
changing Section 9 as follows:

    (35 ILCS 110/9) (from Ch. 120, par. 439.39)
    Sec.  9.  Each  serviceman  required  or  authorized   to
collect  the  tax  herein imposed shall pay to the Department
the amount of such tax (except as otherwise provided) at  the
time  when  he  is required to file his return for the period
during which such tax was collected, less a discount of  2.1%
prior  to  January  1, 1990 and 1.75% on and after January 1,
1990, or $5 per calendar year, whichever is greater, which is
allowed to reimburse the serviceman for expenses incurred  in
collecting  the  tax,  keeping  records, preparing and filing
returns,  remitting  the  tax  and  supplying  data  to   the
Department  on request. A serviceman need not remit that part
of any tax collected by him to the extent that he is required
to pay and does pay the tax imposed by the Service Occupation
Tax Act with respect to his sale  of  service  involving  the
incidental transfer by him of the same property.
    Except  as  provided  hereinafter  in this Section, on or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman shall file a return  for  the  preceding  calendar
month  in accordance with reasonable Rules and Regulations to
be promulgated by the Department. Such return shall be  filed
on a form prescribed by the Department and shall contain such
information as the Department may reasonably require.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar  month,   including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Beginning October 1, 1993, a taxpayer who has an  average
monthly  tax  liability  of  $150,000  or more shall make all
payments required by rules of the  Department  by  electronic
funds  transfer.   Beginning  October 1, 1994, a taxpayer who
has an average monthly tax  liability  of  $100,000  or  more
shall  make  all payments required by rules of the Department
by electronic funds transfer.  Beginning October 1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department by electronic funds transfer. Beginning October 1,
2000,  a taxpayer who has an annual tax liability of $200,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic  funds transfer.  The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under  this  Act,  and  under  all  other  State  and   local
occupation  and  use tax laws administered by the Department,
for the  immediately  preceding  calendar  year.    The  term
"average   monthly  tax  liability"  means  the  sum  of  the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to make payments by  electronic  funds  transfer  shall  make
those payments for a minimum of one year beginning on October
1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    If the serviceman is otherwise required to file a monthly
return and if the serviceman's average monthly tax  liability
to  the  Department  does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the serviceman is otherwise required to file a monthly
or quarterly return and if the serviceman's  average  monthly
tax  liability  to  the  Department  does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which a serviceman  may  file  his
return, in the case of any serviceman who ceases to engage in
a  kind  of  business  which makes him responsible for filing
returns under this Act, such serviceman shall  file  a  final
return  under  this  Act  with the Department not more than 1
month after discontinuing such business.
    Where a serviceman collects the tax with respect  to  the
selling  price  of  property which he sells and the purchaser
thereafter returns such property and the  serviceman  refunds
the  selling  price thereof to the purchaser, such serviceman
shall also refund, to the purchaser,  the  tax  so  collected
from  the purchaser. When filing his return for the period in
which he refunds such tax to the  purchaser,  the  serviceman
may  deduct  the  amount of the tax so refunded by him to the
purchaser from any other Service Use Tax, Service  Occupation
Tax,   retailers'  occupation  tax  or  use  tax  which  such
serviceman may be required to pay or remit to the Department,
as shown by such return, provided that the amount of the  tax
to  be  deducted  shall  previously have been remitted to the
Department by such serviceman. If the  serviceman  shall  not
previously  have  remitted  the  amount  of  such  tax to the
Department, he shall be entitled to  no  deduction  hereunder
upon refunding such tax to the purchaser.
    Any  serviceman  filing  a  return  hereunder  shall also
include the total tax upon  the  selling  price  of  tangible
personal  property purchased for use by him as an incident to
a sale of service, and such serviceman shall remit the amount
of such tax to the Department when filing such return.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable servicemen, who  are  required
to   file  returns  hereunder  and  also  under  the  Service
Occupation Tax Act, to furnish  all  the  return  information
required by both Acts on the one form.
    Where   the   serviceman   has  more  than  one  business
registered with the Department  under  separate  registration
hereunder, such serviceman shall not file each return that is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Tax Reform Fund, a special
fund in the State Treasury, the net revenue realized for  the
preceding  month  from  the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which  has  been  prepared  for  immediate  consumption)  and
prescription and nonprescription  medicines,  drugs,  medical
appliances and insulin, urine testing materials, syringes and
needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform Fund  20%
of  the net revenue realized for the preceding month from the
6.25%  general  rate  on  transfers  of   tangible   personal
property,  other  than  tangible  personal  property which is
purchased outside Illinois at  retail  from  a  retailer  and
which  is  titled  or registered by an agency of this State's
government.
    Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform  Fund  100%  of
the  net  revenue  realized  for the preceding month from the
1.25% rate on the selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a)  1.75% thereof shall be  paid  into
the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof  shall  be   paid
into  the  Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the  Department
and required to be paid into the Build Illinois Fund pursuant
to  Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts  being
hereinafter  called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may  be,  of  moneys  being  hereinafter
called  the  "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual  Specified   Amount
(as  defined  in  Section  3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be  immediately
paid  into the Build Illinois Fund from other moneys received
by the Department pursuant  to  the  Tax  Acts;  and  further
provided,  that  if on the last business day of any month the
sum of (1) the Tax Act Amount required to be  deposited  into
the  Build  Illinois  Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred during  such
month  to  the  Build  Illinois Fund from the State and Local
Sales Tax Reform Fund shall have been less than 1/12  of  the
Annual  Specified  Amount,  an amount equal to the difference
shall be immediately paid into the Build Illinois  Fund  from
other  moneys  received by the Department pursuant to the Tax
Acts; and, further provided,  that  in  no  event  shall  the
payments  required  under  the  preceding  proviso  result in
aggregate payments into the Build Illinois Fund  pursuant  to
this  clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable into the Build Illinois Fund under  this  clause  (b)
shall be payable only until such time as the aggregate amount
on  deposit  under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois  Bond  Act  is
sufficient, taking into account any future investment income,
to  fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture  and
on  any  Bonds  expected to be issued thereafter and all fees
and costs payable with respect thereto, all as  certified  by
the  Director  of  the  Bureau of the Budget.  If on the last
business day of any month  in  which  Bonds  are  outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of  the  preceding  sentence.   The  moneys  received  by the
Department pursuant to this Act and required to be  deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                  93,000,000    84,000,000
               2003                  99,000,000    89,000,000
               2004                 103,000,000    93,000,000
               2005                 108,000,000    97,000,000
               2006                 113,000,000   102,000,000
               2007                 119,000,000   108,000,000
               2008                 126,000,000   115,000,000
               2009                 132,000,000   120,000,000
               2010                 139,000,000   126,000,000
               2011                 146,000,000   132,000,000
               2012                 153,000,000   138,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
                                                  145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2042 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue  Sharing  Act.  No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this Act on photo processing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    All remaining moneys received by the Department  pursuant
to  this  Act  shall be paid into the General Revenue Fund of
the State Treasury.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month.
Beginning April 1, 2000, this transfer is no longer  required
and shall not be made.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
(Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
eff. 6-30-99; 91-101, eff.  7-12-99;  91-541,  eff.  8-13-99;
91-872, eff. 7-1-00.)

    Section 25.  The Service Occupation Tax Act is amended by
changing Section 9 as follows:

    (35 ILCS 115/9) (from Ch. 120, par. 439.109)
    Sec.  9.   Each  serviceman  required  or  authorized  to
collect  the  tax  herein imposed shall pay to the Department
the amount of such tax at the time when  he  is  required  to
file  his  return  for  the  period during which such tax was
collectible, less a discount of  2.1%  prior  to  January  1,
1990,  and  1.75%  on  and  after  January 1, 1990, or $5 per
calendar year, whichever is  greater,  which  is  allowed  to
reimburse  the serviceman for expenses incurred in collecting
the tax,  keeping  records,  preparing  and  filing  returns,
remitting  the  tax  and  supplying data to the Department on
request.
    Where such tangible personal property  is  sold  under  a
conditional  sales  contract, or under any other form of sale
wherein the payment of the principal sum, or a part  thereof,
is  extended  beyond  the  close  of the period for which the
return is filed, the serviceman, in collecting  the  tax  may
collect,  for each tax return period, only the tax applicable
to the part of the selling  price  actually  received  during
such tax return period.
    Except  as  provided  hereinafter  in this Section, on or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman shall file a return  for  the  preceding  calendar
month  in accordance with reasonable rules and regulations to
be promulgated by the Department of  Revenue.    Such  return
shall  be  filed  on  a form prescribed by the Department and
shall  contain  such  information  as  the   Department   may
reasonably require.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar  month,   including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    A serviceman may accept a Manufacturer's Purchase  Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if
the  purchaser  provides  the  appropriate  documentation  as
required  by  Section  3-70  of  the  Service Use Tax Act.  A
Manufacturer's Purchase Credit certification, accepted  by  a
serviceman as provided in Section 3-70 of the Service Use Tax
Act,  may  be  used  by  that  serviceman  to satisfy Service
Occupation  Tax  liability  in  the  amount  claimed  in  the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase.
    If the serviceman's average monthly tax liability to  the
Department does not exceed $200, the Department may authorize
his  returns  to be filed on a quarter annual basis, with the
return for January, February and March of a given year  being
due  by April 20 of such year; with the return for April, May
and June of a given year being due by July 20 of  such  year;
with  the  return  for  July, August and September of a given
year being due by October 20  of  such  year,  and  with  the
return  for  October,  November  and December of a given year
being due by January 20 of the following year.
    If the serviceman's average monthly tax liability to  the
Department  does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with  the  return
for  a  given  year  being due by January 20 of the following
year.
    Such quarter annual and annual returns, as  to  form  and
substance,  shall  be  subject  to  the  same requirements as
monthly returns.
    Notwithstanding  any  other   provision   in   this   Act
concerning  the  time  within which a serviceman may file his
return, in the case of any serviceman who ceases to engage in
a kind of business which makes  him  responsible  for  filing
returns  under  this  Act, such serviceman shall file a final
return under this Act with the Department  not  more  than  1
month after discontinuing such business.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.   Beginning  October
1,  2000,  a  taxpayer  who  has  an  annual tax liability of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual tax liability" shall be the  sum  of  the  taxpayer's
liabilities  under  this  Act,  and under all other State and
local  occupation  and  use  tax  laws  administered  by  the
Department, for the immediately preceding calendar year.  The
term  "average  monthly  tax  liability" means the sum of the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Where a serviceman collects the tax with respect  to  the
selling  price  of  tangible personal property which he sells
and the purchaser thereafter returns such  tangible  personal
property and the serviceman refunds the selling price thereof
to  the  purchaser, such serviceman shall also refund, to the
purchaser, the tax so collected  from  the  purchaser.   When
filing his return for the period in which he refunds such tax
to the purchaser, the serviceman may deduct the amount of the
tax  so  refunded  by  him  to  the  purchaser from any other
Service  Occupation  Tax,   Service   Use   Tax,   Retailers'
Occupation  Tax  or  Use  Tax  which  such  serviceman may be
required to pay or remit to the Department, as shown by  such
return,  provided  that  the amount of the tax to be deducted
shall previously have been remitted to the Department by such
serviceman.  If the  serviceman  shall  not  previously  have
remitted  the  amount of such tax to the Department, he shall
be entitled to no deduction hereunder upon refunding such tax
to the purchaser.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable servicemen, who  are  required
to  file  returns  hereunder  and  also  under the Retailers'
Occupation Tax Act, the Use Tax Act or the  Service  Use  Tax
Act,  to  furnish  all the return information required by all
said Acts on the one form.
    Where  the  serviceman  has  more   than   one   business
registered  with  the Department under separate registrations
hereunder, such serviceman shall file  separate  returns  for
each registered business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local  Government  Tax  Fund  the  revenue
realized  for the preceding month from the 1% tax on sales of
food for human consumption which is to be  consumed  off  the
premises  where  it  is sold (other than alcoholic beverages,
soft drinks and food which has been  prepared  for  immediate
consumption)  and prescription and nonprescription medicines,
drugs,  medical  appliances  and   insulin,   urine   testing
materials, syringes and needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund  4%
of  the  revenue  realized  for  the preceding month from the
6.25% general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from  the  1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local  Government  Tax  Fund  16%  of  the
revenue  realized  for  the  preceding  month  from the 6.25%
general rate on transfers of tangible personal property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate  on  the
selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section  9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section  9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of  2.2%
or  3.8%,  as  the  case  may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the  amount  transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  be less than the Annual Specified Amount
(as defined in Section 3 of  the  Retailers'  Occupation  Tax
Act),  an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys  received
by  the  Department  pursuant  to  the  Tax Acts; and further
provided, that if on the last business day of any  month  the
sum  of  (1) the Tax Act Amount required to be deposited into
the Build Illinois Account in the Build Illinois Fund  during
such  month  and (2) the amount transferred during such month
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall have been less  than  1/12  of  the  Annual
Specified  Amount, an amount equal to the difference shall be
immediately paid into the  Build  Illinois  Fund  from  other
moneys  received  by the Department pursuant to the Tax Acts;
and, further provided, that in no event  shall  the  payments
required  under  the  preceding  proviso  result in aggregate
payments into the Build Illinois Fund pursuant to this clause
(b) for any fiscal year in excess of the greater of  (i)  the
Tax  Act  Amount or (ii) the Annual Specified Amount for such
fiscal year; and, further provided, that the amounts  payable
into  the  Build Illinois Fund under this clause (b) shall be
payable only until such  time  as  the  aggregate  amount  on
deposit  under each trust indenture securing Bonds issued and
outstanding pursuant  to  the  Build  Illinois  Bond  Act  is
sufficient, taking into account any future investment income,
to  fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture  and
on  any  Bonds  expected to be issued thereafter and all fees
and costs payable with respect thereto, all as  certified  by
the  Director  of  the  Bureau of the Budget.  If on the last
business day of any month  in  which  Bonds  are  outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of  the  preceding  sentence.   The  moneys  received  by the
Department pursuant to this Act and required to be  deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                  93,000,000    84,000,000
               2003                  99,000,000    89,000,000
               2004                 103,000,000    93,000,000
               2005                 108,000,000    97,000,000
               2006                 113,000,000   102,000,000
               2007                 119,000,000   108,000,000
               2008                 126,000,000   115,000,000
               2009                 132,000,000   120,000,000
               2010                 139,000,000   126,000,000
               2011                 146,000,000   132,000,000
               2012                 153,000,000   138,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
                                                  145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing  Act.   No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this  Act on photoprocessing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Remaining moneys received by the Department  pursuant  to
this  Act  shall be paid into the General Revenue Fund of the
State Treasury.
    The Department may, upon separate  written  notice  to  a
taxpayer,  require  the taxpayer to prepare and file with the
Department on a form prescribed by the Department within  not
less  than  60  days  after  receipt  of the notice an annual
information return for the tax year specified in the  notice.
Such   annual  return  to  the  Department  shall  include  a
statement of gross receipts as shown by the  taxpayer's  last
Federal  income  tax  return.   If  the total receipts of the
business as reported in the Federal income tax return do  not
agree  with  the gross receipts reported to the Department of
Revenue for the same period, the taxpayer shall attach to his
annual return a schedule showing a reconciliation  of  the  2
amounts  and  the reasons for the difference.  The taxpayer's
annual return to the Department shall also disclose the  cost
of goods sold by the taxpayer during the year covered by such
return,  opening  and  closing  inventories of such goods for
such year, cost of goods used from stock or taken from  stock
and  given  away  by  the taxpayer during such year, pay roll
information of the taxpayer's business during such  year  and
any  additional  reasonable  information which the Department
deems would be helpful in determining  the  accuracy  of  the
monthly,  quarterly  or annual returns filed by such taxpayer
as hereinbefore provided for in this Section.
    If the annual information return required by this Section
is not filed when and as  required,  the  taxpayer  shall  be
liable as follows:
         (i)  Until  January  1,  1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of  the  tax  due
    from such taxpayer under this Act during the period to be
    covered  by  the annual return for each month or fraction
    of a month until such return is filed  as  required,  the
    penalty  to  be assessed and collected in the same manner
    as any other penalty provided for in this Act.
         (ii)  On and after January  1,  1994,  the  taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking  manager  shall sign the annual return to certify the
accuracy of the information contained  therein.   Any  person
who  willfully  signs  the  annual return containing false or
inaccurate  information  shall  be  guilty  of  perjury   and
punished  accordingly.   The annual return form prescribed by
the Department  shall  include  a  warning  that  the  person
signing the return may be liable for perjury.
    The  foregoing  portion  of  this  Section concerning the
filing of an annual information return shall not apply  to  a
serviceman  who  is not required to file an income tax return
with the United States Government.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month.
Beginning April 1, 2000, this transfer is no longer  required
and shall not be made.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of  administration,  it  shall  be
permissible  for  manufacturers,  importers  and  wholesalers
whose  products  are sold by numerous servicemen in Illinois,
and who wish to do  so,  to  assume  the  responsibility  for
accounting  and  paying  to  the  Department all tax accruing
under this Act with respect to such sales, if the  servicemen
who  are  affected  do  not  make  written  objection  to the
Department to this arrangement.
(Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
eff. 6-30-99; 91-101, eff.  7-12-99;  91-541,  eff.  8-13-99;
91-872, eff. 7-1-00.)

    Section 30.  The Retailers' Occupation Tax Act is amended
by changing Section 3 as follows:

    (35 ILCS 120/3) (from Ch. 120, par. 442)
    Sec. 3.  Except as provided in this Section, on or before
the  twentieth  day  of  each  calendar  month,  every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding  calendar  month
shall file a return with the Department, stating:
         1.  The name of the seller;
         2.  His  residence  address  and  the address of his
    principal place  of  business  and  the  address  of  the
    principal  place  of  business  (if  that  is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
         3.  Total amount of receipts received by him  during
    the  preceding calendar month or quarter, as the case may
    be, from sales of tangible personal  property,  and  from
    services furnished, by him during such preceding calendar
    month or quarter;
         4.  Total   amount   received   by  him  during  the
    preceding calendar month or quarter on  charge  and  time
    sales  of  tangible  personal property, and from services
    furnished, by him prior to the month or quarter for which
    the return is filed;
         5.  Deductions allowed by law;
         6.  Gross receipts which were received by him during
    the preceding calendar month  or  quarter  and  upon  the
    basis of which the tax is imposed;
         7.  The  amount  of credit provided in Section 2d of
    this Act;
         8.  The amount of tax due;
         9.  The signature of the taxpayer; and
         10.  Such  other  reasonable  information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Each return shall be  accompanied  by  the  statement  of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    A  retailer  may  accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax  as
provided  in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act.  A  Manufacturer's  Purchase  Credit
certification,  accepted by a retailer as provided in Section
3-85 of the Use Tax Act, may be  used  by  that  retailer  to
satisfy  Retailers'  Occupation  Tax  liability in the amount
claimed in the certification, not  to  exceed  6.25%  of  the
receipts subject to tax from a qualifying purchase.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him during the preceding calendar  month  from  sales  of
    tangible  personal  property by him during such preceding
    calendar month, including receipts from charge  and  time
    sales, but less all deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If  a total amount of less than $1 is payable, refundable
or creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50  cents
or more.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.   Beginning  October
1,  2000,  a  taxpayer  who  has  an  annual tax liability of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual tax liability" shall be the  sum  of  the  taxpayer's
liabilities  under  this  Act,  and under all other State and
local  occupation  and  use  tax  laws  administered  by  the
Department, for the immediately preceding calendar year.  The
term  "average monthly tax liability" shall be the sum of the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or  reported  on
any  return  or  other document under this Act shall, if such
amount is not a whole-dollar  amount,  be  increased  to  the
nearest  whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and  decreased  to  the
nearest  whole-dollar  amount  where the fractional part of a
dollar is less than 50 cents.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability  with  the  Department  does  not  exceed  $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    Where  the  same  person  has  more  than  one   business
registered  with  the Department under separate registrations
under this Act, such person may not file each return that  is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    In  addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this State, every retailer selling this
kind of tangible  personal  property  shall  file,  with  the
Department,  upon a form to be prescribed and supplied by the
Department, a separate return for each such item of  tangible
personal  property  which the retailer sells, except that if,
in  the  same  transaction,  (i)  a  retailer  of   aircraft,
watercraft,  motor  vehicles  or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
retailer for the purpose of resale  or  (ii)  a  retailer  of
aircraft,  watercraft,  motor vehicles, or trailers transfers
more than one aircraft, watercraft, motor vehicle, or trailer
to a purchaser for use  as  a  qualifying  rolling  stock  as
provided  in  Section  2-5  of this Act, then that seller may
report  the  transfer  of  all  aircraft,  watercraft,  motor
vehicles or trailers involved  in  that  transaction  to  the
Department  on the same uniform invoice-transaction reporting
return form.  For  purposes  of  this  Section,  "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section  3-2  of  the  Boat  Registration  and  Safety Act, a
personal watercraft, or any boat  equipped  with  an  inboard
motor.
    Any  retailer  who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that  all  retailers'  occupation
tax liability is required to be reported, and is reported, on
such  transaction  reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not  file
monthly or quarterly returns.  However, those retailers shall
be required to file returns on an annual basis.
    The  transaction  reporting  return, in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of The  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of The Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft or aircraft must show the name and address of  the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale, a sufficient identification of
the  property  sold,  and  such  other  information  as   the
Department may reasonably require.
    Such  transaction  reporting  return  shall  be filed not
later than 20 days after the day of delivery of the item that
is being sold, but may be filed by the retailer at  any  time
sooner  than  that  if  he chooses to do so.  The transaction
reporting return and tax remittance  or  proof  of  exemption
from   the  Illinois  use  tax  may  be  transmitted  to  the
Department by way of the State agency with  which,  or  State
officer  with  whom  the  tangible  personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer  determine
that   this   procedure   will  expedite  the  processing  of
applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall issue, in the purchaser's name,  a  use  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  the  tax  or  proof  of  exemption made to the Department
before the retailer is willing to take these actions and such
user has not paid the tax to  the  retailer,  such  user  may
certify  to  the  fact  of such delay by the retailer and may
(upon the Department being satisfied of  the  truth  of  such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Refunds  made  by  the seller during the preceding return
period  to  purchasers,  on  account  of  tangible   personal
property  returned  to  the  seller,  shall  be  allowed as a
deduction under subdivision 5 of  his  monthly  or  quarterly
return,   as  the  case  may  be,  in  case  the  seller  had
theretofore included the  receipts  from  the  sale  of  such
tangible  personal  property in a return filed by him and had
paid the tax  imposed  by  this  Act  with  respect  to  such
receipts.
    Where  the  seller  is a corporation, the return filed on
behalf of such corporation shall be signed by the  president,
vice-president,  secretary  or  treasurer  or by the properly
accredited agent of such corporation.
    Where the seller is  a  limited  liability  company,  the
return filed on behalf of the limited liability company shall
be  signed by a manager, member, or properly accredited agent
of the limited liability company.
    Except as provided in this Section, the  retailer  filing
the  return  under  this Section shall, at the time of filing
such return, pay to the Department the amount of tax  imposed
by  this Act less a discount of 2.1% prior to January 1, 1990
and 1.75% on and after January 1, 1990, or  $5  per  calendar
year, whichever is greater, which is allowed to reimburse the
retailer  for  the  expenses  incurred  in  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to  the  Department  on  request.   Any prepayment made
pursuant to Section 2d of this Act shall be included  in  the
amount  on which such 2.1% or 1.75% discount is computed.  In
the case of retailers  who  report  and  pay  the  tax  on  a
transaction   by  transaction  basis,  as  provided  in  this
Section, such discount shall be  taken  with  each  such  tax
remittance  instead  of when such retailer files his periodic
return.
    Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the  Use  Tax
Act,  the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for  prepaid  sales  tax  to  be
remitted  in  accordance  with  Section  2d  of this Act, was
$10,000 or more during  the  preceding  4  complete  calendar
quarters,  he  shall  file  a return with the Department each
month by the 20th day of the month next following  the  month
during  which  such  tax liability is incurred and shall make
payments to the Department on or before the 7th,  15th,  22nd
and  last  day  of  the  month during which such liability is
incurred. On and after October 1,  2000,  if  the  taxpayer's
average  monthly  tax  liability to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act,  excluding  any  liability  for  prepaid
sales  tax  to  be  remitted in accordance with Section 2d of
this Act, was $20,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month  next  following  the
month  during  which such tax liability is incurred and shall
make payment to the Department on or before  the  7th,  15th,
22nd and last day of the month during which such liability is
incurred.    If  the month during which such tax liability is
incurred began prior to January 1, 1985, each  payment  shall
be  in  an  amount  equal  to  1/4  of  the taxpayer's actual
liability for the month or an amount set  by  the  Department
not  to  exceed  1/4  of the average monthly liability of the
taxpayer to the  Department  for  the  preceding  4  complete
calendar  quarters  (excluding the month of highest liability
and the month of lowest liability in such 4 quarter  period).
If  the  month  during  which  such tax liability is incurred
begins on or after January 1, 1985 and prior  to  January  1,
1987,  each  payment  shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding year.  If the month during which such tax liability
is  incurred  begins on or after January 1, 1987 and prior to
January 1, 1988, each payment shall be in an amount equal  to
22.5%  of  the  taxpayer's  actual liability for the month or
26.25% of the taxpayer's  liability  for  the  same  calendar
month  of the preceding year.  If the month during which such
tax liability is incurred begins on or after January 1, 1988,
and prior to January 1, 1989, or begins on or  after  January
1, 1996, each payment shall be in an amount equal to 22.5% of
the  taxpayer's  actual liability for the month or 25% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding  year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior  to
January  1, 1996, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 25%
of the taxpayer's liability for the same  calendar  month  of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period.  The amount of such
quarter  monthly payments shall be credited against the final
tax liability  of  the  taxpayer's  return  for  that  month.
Before  October  1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the  Department  by
taxpayers  having an average monthly tax liability of $10,000
or more as determined in  the  manner  provided  above  shall
continue  until  such taxpayer's average monthly liability to
the Department  during  the  preceding  4  complete  calendar
quarters  (excluding  the  month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability  to  the  Department  as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However,  if  a  taxpayer  can  show  the  Department  that a
substantial change in the taxpayer's  business  has  occurred
which  causes  the  taxpayer  to  anticipate that his average
monthly tax liability for the reasonably  foreseeable  future
will fall below the $10,000 threshold stated above, then such
taxpayer  may  petition  the  Department for a change in such
taxpayer's reporting status.  On and after October  1,  2000,
once  applicable,  the  requirement  of the making of quarter
monthly payments to the Department  by  taxpayers  having  an
average   monthly   tax  liability  of  $20,000  or  more  as
determined in the manner provided above shall continue  until
such  taxpayer's  average monthly liability to the Department
during the preceding 4 complete calendar quarters  (excluding
the  month  of  highest  liability  and  the  month of lowest
liability) is less than  $19,000  or  until  such  taxpayer's
average  monthly  liability to the Department as computed for
each calendar quarter of the 4  preceding  complete  calendar
quarter  period is less than $20,000.  However, if a taxpayer
can show the Department that  a  substantial  change  in  the
taxpayer's business has occurred which causes the taxpayer to
anticipate  that  his  average  monthly tax liability for the
reasonably foreseeable future will  fall  below  the  $20,000
threshold  stated  above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting  status.
The  Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal  in  nature  and
not  likely  to  be  long  term.  If any such quarter monthly
payment is not paid at the time or in the amount required  by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as  a  payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer  has
previously  made payments for that month to the Department in
excess of the minimum payments previously due as provided  in
this  Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount  and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    Without  regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to  collect  and  remit
prepaid  taxes  and has collected prepaid taxes which average
in excess  of  $25,000  per  month  during  the  preceding  2
complete  calendar  quarters,  shall  file  a return with the
Department as required by Section 2f and shall make  payments
to  the  Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred.  If
the month during which such tax liability is  incurred  began
prior  to  the effective date of this amendatory Act of 1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d.  If  the  month
during  which  such  tax  liability  is incurred begins on or
after January 1, 1986, each payment shall  be  in  an  amount
equal  to  22.5%  of  the taxpayer's actual liability for the
month or 27.5% of  the  taxpayer's  liability  for  the  same
calendar  month of the preceding calendar year.  If the month
during which such tax liability  is  incurred  begins  on  or
after  January  1,  1987,  each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  26.25%  of  the  taxpayer's liability for the same
calendar month of the preceding year.   The  amount  of  such
quarter  monthly payments shall be credited against the final
tax liability of the taxpayer's return for that  month  filed
under  this  Section or Section 2f, as the case may be.  Once
applicable, the requirement of the making of quarter  monthly
payments  to  the Department pursuant to this paragraph shall
continue until such taxpayer's average  monthly  prepaid  tax
collections during the preceding 2 complete calendar quarters
is  $25,000  or less.  If any such quarter monthly payment is
not paid at the time or in the amount required, the  taxpayer
shall   be   liable   for  penalties  and  interest  on  such
difference, except insofar as  the  taxpayer  has  previously
made  payments  for  that  month  in  excess  of  the minimum
payments previously due.
    If any payment provided for in this Section  exceeds  the
taxpayer's  liabilities  under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use  Tax  Act,  as
shown on an original monthly return, the Department shall, if
requested  by  the  taxpayer,  issue to the taxpayer a credit
memorandum no later than 30 days after the date  of  payment.
The  credit  evidenced  by  such  credit  memorandum  may  be
assigned  by  the  taxpayer  to a similar taxpayer under this
Act, the Use Tax Act, the Service Occupation Tax Act  or  the
Service  Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department.  If  no  such
request  is made, the taxpayer may credit such excess payment
against tax liability subsequently  to  be  remitted  to  the
Department  under  this  Act,  the  Use  Tax Act, the Service
Occupation Tax Act or the Service Use Tax Act, in  accordance
with  reasonable  rules  and  regulations  prescribed  by the
Department.  If the Department subsequently  determined  that
all  or  any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the  difference  between
the  credit  taken  and  that actually due, and that taxpayer
shall  be  liable  for  penalties  and   interest   on   such
difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to  the  Department  under  this  Act for the month which the
taxpayer is filing a return, the Department shall  issue  the
taxpayer a credit memorandum for the excess.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local Government Tax Fund, a special  fund
in  the  State  treasury  which  is  hereby  created, the net
revenue realized for the preceding month from the 1%  tax  on
sales  of  food for human consumption which is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks and food which has been prepared for
immediate consumption) and prescription  and  nonprescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes and needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund,  a
special  fund  in the State treasury which is hereby created,
4% of the net revenue realized for the preceding  month  from
the 6.25% general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net  revenue  realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate  on  the
selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to this Act, Section 9 of the Use Tax Act, Section 9  of  the
Service  Use Tax Act, and Section 9 of the Service Occupation
Tax Act, such Acts being hereinafter called  the  "Tax  Acts"
and  such  aggregate  of 2.2% or 3.8%, as the case may be, of
moneys being hereinafter called the "Tax Act Amount", and (2)
the amount transferred to the Build Illinois  Fund  from  the
State  and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as hereinafter defined),  an  amount
equal  to  the  difference shall be immediately paid into the
Build  Illinois  Fund  from  other  moneys  received  by  the
Department pursuant to the Tax Acts;  the  "Annual  Specified
Amount"  means  the  amounts specified below for fiscal years
1986 through 1993:
         Fiscal Year              Annual Specified Amount
             1986                       $54,800,000
             1987                       $76,650,000
             1988                       $80,480,000
             1989                       $88,510,000
             1990                       $115,330,000
             1991                       $145,470,000
             1992                       $182,730,000
             1993                      $206,520,000;
and means the Certified Annual Debt Service  Requirement  (as
defined  in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for  fiscal  year  1994
and  each  fiscal year thereafter; and further provided, that
if on the last business day of any month the sum of  (1)  the
Tax  Act  Amount  required  to  be  deposited  into the Build
Illinois Bond Account in the Build Illinois Fund during  such
month  and  (2)  the amount transferred to the Build Illinois
Fund from the State and Local Sales  Tax  Reform  Fund  shall
have  been  less than 1/12 of the Annual Specified Amount, an
amount equal to the difference shall be immediately paid into
the Build Illinois Fund from other  moneys  received  by  the
Department  pursuant  to the Tax Acts; and, further provided,
that in no  event  shall  the  payments  required  under  the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in  excess  of  the greater of (i) the Tax Act Amount or (ii)
the Annual  Specified  Amount  for  such  fiscal  year.   The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust   indenture   securing  Bonds  issued  and  outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into account any future investment income, to fully  provide,
in  accordance  with such indenture, for the defeasance of or
the payment  of  the  principal  of,  premium,  if  any,  and
interest  on  the  Bonds secured by such indenture and on any
Bonds expected to be issued thereafter and all fees and costs
payable  with  respect  thereto,  all  as  certified  by  the
Director of the  Bureau  of  the  Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond  Act,  the  aggregate  of
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the first sentence of this paragraph and shall reduce the
amount otherwise payable for such  fiscal  year  pursuant  to
that  clause  (b).   The  moneys  received  by the Department
pursuant to this Act and required to be  deposited  into  the
Build  Illinois  Fund  are  subject  to the pledge, claim and
charge set forth in Section 12 of  the  Build  Illinois  Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act,  but not in excess of sums designated as
"Total Deposit", shall be deposited  in  the  aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                  93,000,000    84,000,000
               2003                  99,000,000    89,000,000
               2004                 103,000,000    93,000,000
               2005                 108,000,000    97,000,000
               2006                 113,000,000   102,000,000
               2007                 119,000,000   108,000,000
               2008                 126,000,000   115,000,000
               2009                 132,000,000   120,000,000
               2010                 139,000,000   126,000,000
               2011                 146,000,000   132,000,000
               2012                 153,000,000   138,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
                                                  145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing  Act.   No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this  Act on photoprocessing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund and, the McCormick Place Expansion Project Fund pursuant
to  the  preceding  paragraphs  or  in any amendments thereto
hereafter enacted, beginning July  1,  1993,  the  Department
shall  each  month  pay  into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized  for  the  preceding
month  from  the  6.25%  general rate on the selling price of
tangible personal property.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof  shall  be  paid  into  the
State Treasury and 25% shall be reserved in a special account
and  used  only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The Department may, upon separate  written  notice  to  a
taxpayer,  require  the taxpayer to prepare and file with the
Department on a form prescribed by the Department within  not
less  than  60  days  after  receipt  of the notice an annual
information return for the tax year specified in the  notice.
Such   annual  return  to  the  Department  shall  include  a
statement of gross receipts as shown by the  retailer's  last
Federal  income  tax  return.   If  the total receipts of the
business as reported in the Federal income tax return do  not
agree  with  the gross receipts reported to the Department of
Revenue for the same period, the retailer shall attach to his
annual return a schedule showing a reconciliation  of  the  2
amounts  and  the reasons for the difference.  The retailer's
annual return to the Department shall also disclose the  cost
of goods sold by the retailer during the year covered by such
return,  opening  and  closing  inventories of such goods for
such year, costs of goods used from stock or taken from stock
and given away by the  retailer  during  such  year,  payroll
information  of  the retailer's business during such year and
any additional reasonable information  which  the  Department
deems  would  be  helpful  in determining the accuracy of the
monthly, quarterly or annual returns filed by  such  retailer
as provided for in this Section.
    If the annual information return required by this Section
is  not  filed  when  and  as required, the taxpayer shall be
liable as follows:
         (i)  Until January 1, 1994, the  taxpayer  shall  be
    liable  for  a  penalty equal to 1/6 of 1% of the tax due
    from such taxpayer under this Act during the period to be
    covered by the annual return for each month  or  fraction
    of  a  month  until such return is filed as required, the
    penalty to be assessed and collected in the  same  manner
    as any other penalty provided for in this Act.
         (ii)  On  and  after  January  1, 1994, the taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to  certify  the
accuracy  of  the information contained therein.   Any person
who willfully signs the annual  return  containing  false  or
inaccurate   information  shall  be  guilty  of  perjury  and
punished accordingly.  The annual return form  prescribed  by
the  Department  shall  include  a  warning  that  the person
signing the return may be liable for perjury.
    The provisions of this Section concerning the  filing  of
an  annual  information return do not apply to a retailer who
is not required to file an income tax return with the  United
States Government.
    As  soon  as  possible after the first day of each month,
upon  certification  of  the  Department  of   Revenue,   the
Comptroller  shall  order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel  Tax
Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
realized under this  Act  for  the  second  preceding  month.
Beginning  April 1, 2000, this transfer is no longer required
and shall not be made.
    Net revenue realized for a month  shall  be  the  revenue
collected  by the State pursuant to this Act, less the amount
paid out during  that  month  as  refunds  to  taxpayers  for
overpayment of liability.
    For  greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold  at  retail
in Illinois by numerous retailers, and who wish to do so, may
assume  the  responsibility  for accounting and paying to the
Department all tax accruing under this Act  with  respect  to
such  sales,  if  the  retailers who are affected do not make
written objection to the Department to this arrangement.
    Any  person  who  promotes,  organizes,  provides  retail
selling space for concessionaires or other types  of  sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local  fairs, art shows, flea markets and similar exhibitions
or events, including any transient  merchant  as  defined  by
Section  2 of the Transient Merchant Act of 1987, is required
to file a report with the Department providing  the  name  of
the  merchant's  business,  the name of the person or persons
engaged in merchant's business,  the  permanent  address  and
Illinois  Retailers Occupation Tax Registration Number of the
merchant, the dates and  location  of  the  event  and  other
reasonable  information that the Department may require.  The
report must be filed not later than the 20th day of the month
next following the month during which the event  with  retail
sales  was  held.   Any  person  who  fails  to file a report
required by this Section commits a business  offense  and  is
subject to a fine not to exceed $250.
    Any  person  engaged  in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the  Illinois  State  Fair,  county  fairs,  art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant  Act of 1987, may be required to make a daily report
of the amount of such sales to the Department and to  make  a
daily  payment of the full amount of tax due.  The Department
shall impose this requirement when it finds that there  is  a
significant  risk  of loss of revenue to the State at such an
exhibition or event.   Such  a  finding  shall  be  based  on
evidence  that  a  substantial  number  of concessionaires or
other sellers who are  not  residents  of  Illinois  will  be
engaging   in  the  business  of  selling  tangible  personal
property at retail at  the  exhibition  or  event,  or  other
evidence  of  a  significant  risk  of loss of revenue to the
State.  The Department shall notify concessionaires and other
sellers affected by the imposition of this  requirement.   In
the   absence   of   notification   by  the  Department,  the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,   eff.
7-12-99;  91-541,  eff. 8-13-99; 91-872, eff. 7-1-00; 91-901,
eff. 1-1-01; revised.)

    Section 35.  The Cigarette Tax Act is amended by changing
Section 29 as follows:

    (35 ILCS 130/29) (from Ch. 120, par. 453.29)
    Sec. 29. All moneys received by the Department  from  the
one-half   mill  tax  imposed  by  the  Sixty-fourth  General
Assembly  and  all  interest  and  penalties,   received   in
connection  therewith  under the provisions of this Act shall
be paid into the Metropolitan Fair and  Exposition  Authority
Reconstruction   Fund.  All  other  moneys  received  by  the
Department under this Act shall  be  paid  into  the  General
Revenue Fund in the State treasury. After there has been paid
into   the   Metropolitan   Fair   and  Exposition  Authority
Reconstruction Fund sufficient money  to  pay  in  full  both
principal  and  interest, all of the outstanding bonds issued
pursuant to the "Fair and Exposition Authority Reconstruction
Act", the State Treasurer and Comptroller shall  transfer  to
the  General  Revenue Fund the balance of moneys remaining in
the Metropolitan Fair and Exposition Authority Reconstruction
Fund  except  for  $2,500,000  which  shall  remain  in   the
Metropolitan  Fair  and  Exposition  Authority Reconstruction
Fund and which may be appropriated by  the  General  Assembly
for  the  corporate  purposes  of  the  Metropolitan Pier and
Exposition Authority. All monies received by  the  Department
in fiscal year 1978 and thereafter from the one-half mill tax
imposed   by  the  Sixty-fourth  General  Assembly,  and  all
interest and penalties received in connection therewith under
the provisions of this Act, shall be paid  into  the  General
Revenue  Fund, except that the Department shall pay the first
$4,800,000 received in fiscal years year  1979  through  2001
and  each  fiscal year thereafter from that one-half mill tax
into  the  Metropolitan   Fair   and   Exposition   Authority
Reconstruction  Fund  which monies may be appropriated by the
General  Assembly  for  the   corporate   purposes   of   the
Metropolitan Pier and Exposition Authority.
    In  fiscal year 2002 and each fiscal year thereafter, the
first $4,800,000 from the one-half mill  tax  shall  be  paid
into the Statewide Economic Development Fund.
(Source: P.A. 87-895.)

    Section   40.    The  Metropolitan  Pier  and  Exposition
Authority Act is amended by changing Sections  5,  10,  13.2,
and 23.1 as follows:

    (70 ILCS 210/5) (from Ch. 85, par. 1225)
    Sec.  5.  The  Metropolitan Pier and Exposition Authority
shall also have the following rights and powers:
         (a)  To   accept   from   Chicago   Park   Fair,   a
    corporation, an assignment of whatever sums of  money  it
    may  have  received  from  the  Fair and Exposition Fund,
    allocated by the Department of Agriculture of  the  State
    of  Illinois,  and Chicago Park Fair is hereby authorized
    to assign, set over and transfer any of  those  funds  to
    the  Metropolitan  Pier  and  Exposition  Authority.  The
    Authority  has  the  right and power hereafter to receive
    sums as may be distributed to it  by  the  Department  of
    Agriculture  of  the  State of Illinois from the Fair and
    Exposition Fund pursuant to the provisions of Sections 5,
    6i, and 28 of the State Finance Act.  All  sums  received
    by the Authority shall be held in the sole custody of the
    secretary-treasurer   of   the   Metropolitan   Pier  and
    Exposition Board.
         (b)  To accept the assignment of, assume and execute
    any contracts heretofore entered  into  by  Chicago  Park

    Fair.
         (c)  To   acquire,  own,  construct,  equip,  lease,
    operate and maintain grounds, buildings and facilities to
    carry out its corporate purposes and duties, and to carry
    out or otherwise provide for the recreational,  cultural,
    commercial  or  residential development of Navy Pier, and
    to fix and collect just, reasonable and nondiscriminatory
    charges for the use thereof.  The  charges  so  collected
    shall be made available to defray the reasonable expenses
    of  the  Authority  and  to  pay the principal of and the
    interest upon any revenue bonds issued by the  Authority.
    The  Authority  shall  be  subject to and comply with the
    Lake Michigan and Chicago Lakefront Protection Ordinance,
    the Chicago Building Code, the Chicago Zoning  Ordinance,
    and all ordinances and regulations of the City of Chicago
    contained  in  the following Titles of the Municipal Code
    of  Chicago:    Businesses,  Occupations   and   Consumer
    Protection;  Health  and  Safety; Fire Prevention; Public
    Peace, Morals and Welfare;  Utilities  and  Environmental
    Protection;  Streets,  Public  Ways,  Parks, Airports and
    Harbors; Electrical Equipment and  Installation;  Housing
    and  Economic Development (only Chapter 5-4 thereof); and
    Revenue and Finance (only so far as such  Title  pertains
    to the Authority's duty to collect taxes on behalf of the
    City of Chicago).
         (d)  To  enter into contracts treating in any manner
    with the objects and purposes of this Act.
         (e)  To lease any buildings to the Adjutant  General
    of  the  State  of  Illinois  for the use of the Illinois
    National Guard or the Illinois Naval Militia.
         (f)  To exercise the  right  of  eminent  domain  by
    condemnation   proceedings  in  the  manner  provided  by
    Article VII of the Code of  Civil  Procedure,  including,
    with  respect  to  Site B only, the authority to exercise
    quick take condemnation by  immediate  vesting  of  title
    under  Sections  7-103 through 7-112 of the Code of Civil
    Procedure,  to  acquire  any  privately  owned  real   or
    personal  property  and,  with  respect  to  Site B only,
    public property used  for  rail  transportation  purposes
    (but no such taking of such public property shall, in the
    reasonable  judgment  of  the  owner, interfere with such
    rail transportation)  for  the  lawful  purposes  of  the
    Authority  in  Site A, at Navy Pier, and at Site B.  Just
    compensation for property taken or  acquired  under  this
    paragraph  shall be paid in money or, notwithstanding any
    other provision of this Act and with the agreement of the
    owner of the  property  to  be  taken  or  acquired,  the
    Authority  may convey substitute property or interests in
    property or  enter  into  agreements  with  the  property
    owner,  including  leases, licenses, or concessions, with
    respect to any property owned by the  Authority,  or  may
    provide  for  other  lawful forms of just compensation to
    the  owner.  Any  property   acquired   in   condemnation
    proceedings  shall  be used only as provided in this Act.
    Except as otherwise provided by law, the City of  Chicago
    shall  have a right of first refusal prior to any sale of
    any such property by the Authority to a third party other
    than substitute property. The Authority shall develop and
    implement a relocation plan for businesses displaced as a
    result of the Authority's acquisition  of  property.  The
    relocation   plan   shall  be  substantially  similar  to
    provisions of the Uniform Relocation Assistance and  Real
    Property  Acquisition  Act  and  regulations  promulgated
    under  that  Act  relating  to  assistance  to  displaced
    businesses.   To   implement   the  relocation  plan  the
    Authority may acquire property by purchase or gift or may
    exercise the powers authorized in  this  subsection  (f),
    except  the  immediate  vesting  of  title under Sections
    7-103 through 7-112 of the Code of  Civil  Procedure,  to
    acquire  substitute  private  property within one mile of
    Site B for the benefit of displaced businesses located on
    property being acquired by the  Authority.   However,  no
    such substitute property may be acquired by the Authority
    unless  the  mayor  of  the  municipality  in  which  the
    property   is  located  certifies  in  writing  that  the
    acquisition is consistent with  the  municipality's  land
    use  and  economic  development  policies  and goals. The
    acquisition of substitute property is declared to be  for
    public  use.  In exercising the powers authorized in this
    subsection (f), the Authority shall use its best  efforts
    to relocate businesses within the area of McCormick Place
    or, failing that, within the City of Chicago.
         (g)  To    enter    into   contracts   relating   to
    construction projects which provide for the  delivery  by
    the   contractor   of  a  completed  project,  structure,
    improvement, or specific portion  thereof,  for  a  fixed
    maximum  price,  which  contract  may  provide  that  the
    delivery  of  the  project,  structure,  improvement,  or
    specific  portion thereof, for the fixed maximum price is
    insured  or  guaranteed  by  a  third  party  capable  of
    completing the construction.
         (h)  To enter into agreements with any  person  with
    respect   to  the  use  and  occupancy  of  the  grounds,
    buildings, and facilities  of  the  Authority,  including
    concession,  license,  and  lease agreements on terms and
    conditions as the Authority  determines.  Notwithstanding
    Section  24,  agreements  with  respect  to  the  use and
    occupancy of the grounds, buildings,  and  facilities  of
    the  Authority  for a term of more than one year shall be
    entered into in accordance with the  procurement  process
    provided for in Section 25.1.
         (i)  To  enter  into agreements with any person with
    respect to the operation and management of  the  grounds,
    buildings,   and  facilities  of  the  Authority  or  the
    provision of goods and services on terms  and  conditions
    as the Authority determines.
         (j)  After   conducting   the   procurement  process
    provided for in Section 25.1, to enter into one  or  more
    contracts  to  provide for the design and construction of
    all or part of the Authority's Expansion Project grounds,
    buildings, and facilities.  Any contract for  design  and
    construction  of  the  Expansion  Project shall be in the
    form authorized by subsection (g), shall be for  a  fixed
    maximum  price  not  in  excess  of  the  funds  that are
    authorized to be made available under the  provisions  of
    this amendatory Act of 1991 for those purposes during the
    term  of  the  contract, and shall be entered into before
    commencement of construction.
         (k)  To enter  into  agreements,  including  project
    agreements  with  labor  unions, that the Authority deems
    necessary to complete the Expansion Project or any  other
    construction  or  improvement  project in the most timely
    and efficient manner and without strikes,  picketing,  or
    other  actions  that  might cause disruption or delay and
    thereby add to the cost of the project.
      Nothing in this Act shall be construed to authorize the
Authority to spend the proceeds of any bonds or notes  issued
under  Section  13.2  or any taxes levied under Section 13 to
construct a stadium to be leased to or used  by  professional
sports teams.
(Source: P.A. 91-101, eff. 7-12-99; 91-357, eff. 7-29-99.)

    (70 ILCS 210/10) (from Ch. 85, par. 1230)
    Sec.  10.   The Authority shall have the continuing power
to  borrow  money  for  the  purpose  of  carrying  out   and
performing  its  duties  and exercising its powers under this
Act.
    For the purpose  of  evidencing  the  obligation  of  the
Authority  to  repay  any  money  borrowed  as aforesaid, the
Authority may, pursuant to ordinance adopted  by  the  Board,
from  time to time issue and dispose of its revenue bonds and
notes (herein collectively referred to  as  bonds),  and  may
also from time to time issue and dispose of its revenue bonds
to  refund  any  bonds  at maturity or pursuant to redemption
provisions or at any time before maturity as provided for  in
Section 10.1. All such bonds shall be payable solely from any
one  or more of the following sources: the revenues or income
to be derived from  the  fairs,  expositions,  meetings,  and
conventions and other authorized activities of the Authority;
funds,  if  any, received and to be received by the Authority
from the Fair  and  Exposition  Fund,  as  allocated  by  the
Department   of   Agriculture   of   this   State;  from  the
Metropolitan Fair  and  Exposition  Authority  Reconstruction
Fund;  from  the  Metropolitan  Fair and Exposition Authority
Improvement  Bond  Fund  pursuant  to  appropriation  by  the
General Assembly; from the McCormick Place Expansion  Project
Fund  pursuant to appropriation by the General Assembly; from
any revenues or funds pledged or provided for  such  purposes
by   any  governmental  agency;  from  any  revenues  of  the
Authority from taxes it is authorized  to  impose;  from  the
proceeds  of refunding bonds issued for that purpose; or from
any other lawful source derived. Such  bonds  may  bear  such
date or dates, may mature at such time or times not exceeding
40 35 years from their respective dates, may bear interest at
such  rate  or  rates  payable  at such times, may be in such
form, may carry such registration privileges, may be executed
in such manner, may be payable at such place or  places,  may
be  made  subject  to redemption in such manner and upon such
terms, with or without premium  as  is  stated  on  the  face
thereof,  may be executed in such manner and may contain such
terms and covenants, all as may be provided in the  ordinance
adopted  by  the  Board providing for such bonds. In case any
officer whose signature appears on  any  bond  ceases  (after
attaching  his signature) to hold office, his signature shall
nevertheless be valid and effective  for  all  purposes.  The
holder   or   holders   of  any  bonds  or  interest  coupons
appertaining thereto issued by the Authority or  any  trustee
on  behalf  of  the holders may bring civil actions to compel
the performance and observance by the Authority or any of its
officers, agents or employees of  any  contract  or  covenant
made  by  the  Authority  with  the  holders of such bonds or
interest coupons and to compel the Authority and any  of  its
officers,  agents or employees to perform any duties required
to be performed for the benefit of the holders  of  any  such
bonds  or interest coupons by the provisions of the ordinance
authorizing their issuance and to enjoin  the  Authority  and
any  of  its  officers,  agents  or employees from taking any
action in conflict with any such contract or covenant.
    Notwithstanding the form and tenor of any such bonds  and
in  the  absence  of  any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments under the Uniform Commercial Code.
    The bonds shall be sold by the corporate  authorities  of
the  Authority  in  such  manner as the corporate authorities
shall determine.
    From and after  the  issuance  of  any  bonds  as  herein
provided it shall be the duty of the corporate authorities of
the  Authority to fix and establish rates, charges, rents and
fees for the use of its grounds,  buildings,  and  facilities
that  will  be  sufficient  at all times, together with other
revenues of the Authority available for that purpose, to pay:
         (a)  The cost of maintaining, repairing,  regulating
    and operating the grounds, buildings, and facilities; and
         (b)  The  bonds  and  interest thereon as they shall
    become due, and all sinking fund requirements  and  other
    requirements  provided  by  the ordinance authorizing the
    issuance of  the  bonds  or  as  provided  by  any  trust
    agreement executed to secure payment thereof.
    The  Authority  may  provide that bonds issued under this
Act shall be payable from and secured by  an  assignment  and
pledge  of  and grant of a lien on and a security interest in
unexpended bond  proceeds,  the  proceeds  of  any  refunding
bonds, reserves or sinking funds and earnings thereon, or all
or  any part of the moneys, funds, income and revenues of the
Authority  from  any  source  derived,   including,   without
limitation,  any  revenues  of the Authority from taxes it is
authorized to impose, the net revenues of the Authority  from
its  operations,  payments  from  the  Metropolitan  Fair and
Exposition  Authority  Improvement  Bond  Fund  or  from  the
McCormick Place Expansion Project Fund to  the  Authority  or
upon its direction to any trustee or trustees under any trust
agreement securing such bonds, payments from any governmental
agency,  or  any  combination  of  the foregoing. In no event
shall  a  lien  or  security  interest  upon   the   physical
facilities  of  the  Authority  be  created by any such lien,
pledge or security interest.  The Authority may  execute  and
deliver a trust agreement or agreements to secure the payment
of  such bonds and for the purpose of setting forth covenants
and undertakings of the Authority in connection with issuance
thereof. Such pledge, assignment and  grant  of  a  lien  and
security  interest shall be effective immediately without any
further filing or action and shall be effective with  respect
to  all  persons  regardless of whether any such person shall
have notice of such  pledge,  assignment,  lien  or  security
interest.
    In  connection  with  the  issuance  of  its  bonds,  the
Authority  may  enter into arrangements to provide additional
security and liquidity for  the  bonds.  These  may  include,
without  limitation,  municipal  bond  insurance,  letters of
credit, lines of credit by which  the  Authority  may  borrow
funds  to pay or redeem its bonds and purchase or remarketing
arrangements for  assuring  the  ability  of  owners  of  the
Authority's  bonds  to  sell or to have redeemed their bonds.
The Authority may enter into contracts and may agree  to  pay
fees  to  persons providing such arrangements, including from
bond proceeds.  No such  arrangement  or  contract  shall  be
considered  a  bond or note for purposes of any limitation on
the issuance of bonds or notes by the Authority.
    The ordinance of the Board authorizing  the  issuance  of
its  bonds may provide that interest rates may vary from time
to time depending upon criteria  established  by  the  Board,
which   may  include,  without  limitation,  a  variation  in
interest rates as may be  necessary  to  cause  bonds  to  be
remarketable  from  time  to  time  at a price equal to their
principal amount,  and  may  provide  for  appointment  of  a
national banking association, bank, trust company, investment
banker   or   other  financial  institution  to  serve  as  a
remarketing agent in that connection. The  ordinance  of  the
board  authorizing the issuance of its bonds may provide that
alternative interest rates or provisions  will  apply  during
such  times  as  the  bonds  are held by a person providing a
letter of credit or other credit enhancement arrangement  for
those bonds.
    To secure the payment of any or all of such bonds and for
the  purpose  of setting forth the covenants and undertakings
of the Authority in connection with the issuance thereof  and
the  issuance  of  any  additional bonds payable from moneys,
funds, revenue and income of the Authority to be derived from
any source, the Authority may execute  and  deliver  a  trust
agreement  or agreements; provided that no lien upon any real
property of the Authority shall be created thereby.
    A remedy for any breach or default of the  terms  of  any
such  trust  agreement  by  the  Authority may be by mandamus
proceedings in the circuit court to  compel  performance  and
compliance  therewith,  but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
    In connection with the issuance of its bonds  under  this
Act,   the   Authority  may  enter  into  contracts  that  it
determines necessary or appropriate to permit  it  to  manage
payment  or interest rate risk.  These contracts may include,
but are not limited to, interest  rate  exchange  agreements;
contracts  providing for payment or receipt of funds based on
levels of or changes in interest rates; contracts to exchange
cash flows or series of payments; and contracts incorporating
interest rate caps, collars, floors, or locks.
(Source: P.A. 87-733.)

    (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
    Sec. 13.2.  The McCormick Place Expansion Project Fund is
created in the State Treasury.  All moneys in  the  McCormick
Place  Expansion  Project  Fund are allocated to and shall be
appropriated and used only for the purposes authorized by and
subject to the limitations and conditions  of  this  Section.
Those amounts may be appropriated by law to the Authority for
the  purposes  of paying the debt service requirements on all
bonds and notes, including bonds and notes issued  to  refund
or  advance  refund bonds and notes issued under this Section
or issued  to  refund  or  advance  refund  bonds  and  notes
otherwise issued under this Act, (collectively referred to as
"bonds")  to be issued by the Authority under this Section in
an aggregate original principal amount (excluding the  amount
of  any  bonds  and  notes issued to refund or advance refund
bonds or notes issued  under  this  Section)  not  to  exceed
$2,107,000,000  $1,307,000,000  for  the purposes of carrying
out and performing its duties and exercising its powers under
this Act. No bonds issued to refund or advance  refund  bonds
issued  under  this Section may mature later than the longest
maturity date of the series of bonds being  refunded.   After
the  aggregate  original principal amount of bonds authorized
in this Section has been issued, the payment of any principal
amount of such bonds  does  not  authorize  the  issuance  of
additional bonds (except refunding bonds).
    On  the  first day of each month commencing after July 1,
1993, amounts, if any, on  deposit  in  the  McCormick  Place
Expansion  Project  Fund  shall, subject to appropriation, be
paid in full to the Authority or, upon its direction, to  the
trustee  or  trustees  for bondholders of bonds that by their
terms are payable from the moneys received from the McCormick
Place Expansion Project Fund, until an amount equal  to  100%
of  the aggregate amount of the principal and interest in the
fiscal  year,  including  that  pursuant  to   sinking   fund
requirements,  has  been so paid and deficiencies in reserves
shall have been remedied.
    The State of Illinois pledges  to  and  agrees  with  the
holders  of the bonds of the Metropolitan Pier and Exposition
Authority issued under this Section that the State  will  not
limit  or alter the rights and powers vested in the Authority
by this Act so as to impair the terms of any contract made by
the Authority with those holders or in  any  way  impair  the
rights  and  remedies  of  those  holders  until  the  bonds,
together  with  interest  thereon,  interest  on  any  unpaid
installments  of  interest,  and  all  costs  and expenses in
connection with any action or proceedings by or on behalf  of
those holders are fully met and discharged; provided that any
increase in the Tax Act Amounts specified in Section 3 of the
Retailers'  Occupation Tax Act, Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, and Section  9  of  the
Service  Occupation Tax Act required to be deposited into the
Build Illinois  Bond  Account  in  the  Build  Illinois  Fund
pursuant  to any law hereafter enacted shall not be deemed to
impair the rights of such holders so  long  as  the  increase
does  not result in the aggregate debt service payable in the
current or any future fiscal year of the State on  all  bonds
issued  pursuant  to  the  Build  Illinois  Bond  Act and the
Metropolitan Pier and Exposition Authority  Act  and  payable
from  tax  revenues  specified in Section 3 of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax Act,  Section  9
of  the  Service  Use  Tax  Act, and Section 9 of the Service
Occupation Tax Act exceeding 33 1/3% of such tax revenues for
the most recently completed fiscal year of the State  at  the
time  of such increase. In addition, the State pledges to and
agrees with the holders of the bonds of the Authority  issued
under this Section that the State will not limit or alter the
basis on which State funds are to be paid to the Authority as
provided  in  this  Act  or  the  use of those funds so as to
impair the terms of any  such  contract;  provided  that  any
increase in the Tax Act Amounts specified in Section 3 of the
Retailers'  Occupation Tax Act, Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, and Section  9  of  the
Service  Occupation Tax Act required to be deposited into the
Build Illinois  Bond  Account  in  the  Build  Illinois  Fund
pursuant  to any law hereafter enacted shall not be deemed to
impair the terms of any such contract so long as the increase
does not result in the aggregate debt service payable in  the
current  or  any future fiscal year of the State on all bonds
issued pursuant to  the  Build  Illinois  Bond  Act  and  the
Metropolitan  Pier  and  Exposition Authority Act and payable
from tax revenues specified in Section 3  of  the  Retailers'
Occupation  Tax  Act, Section 9 of the Use Tax Act, Section 9
of the Service Use Tax Act, and  Section  9  of  the  Service
Occupation Tax Act exceeding 33 1/3% of such tax revenues for
the  most  recently completed fiscal year of the State at the
time of such increase. The Authority is authorized to include
these pledges and agreements with the State in  any  contract
with the holders of bonds issued under this Section.
    The  State  shall not be liable on bonds of the Authority
issued under this Section those bonds shall not be a debt  of
the State, and this Act shall not be construed as a guarantee
by  the  State of the debts of the Authority. The bonds shall
contain a statement to this effect on the face of the bonds.
(Source: P.A. 90-612, eff. 7-8-98; 91-101, eff. 7-12-99.)

    (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
    Sec. 23.1.  Affirmative action.
    (a)  The  Authority  shall,  within  90  days  after  the
effective date of this amendatory Act of 1984, establish  and
maintain  an  affirmative  action program designed to promote
equal employment opportunity and  eliminate  the  effects  of
past  discrimination.   Such  program  shall  include a plan,
including timetables where appropriate, which  shall  specify
goals  and  methods for increasing participation by women and
minorities in employment by  the  Authority  and  by  parties
which  contract  with  the  Authority.    The Authority shall
submit a detailed plan with the  General  Assembly  prior  to
September  1 of each year.  Such program shall also establish
procedures and sanctions  (including  debarment),  which  the
Authority  shall  enforce  to ensure compliance with the plan
established pursuant to  this  Section  and  with  State  and
federal  laws  and  regulations relating to the employment of
women and minorities.  A determination by the Authority as to
whether a party to a contract with the Authority has achieved
the  goals   or   employed   the   methods   for   increasing
participation  by women and minorities shall be determined in
accordance with the terms of such contracts or the applicable
provisions of rules and regulations of the Authority existing
at  the  time  such  contract  was  executed,  including  any
provisions  for  consideration  of  good  faith  efforts   at
compliance which the Authority may reasonably adopt.
    (b)  The  Authority shall adopt and maintain minority and
female owned business enterprise procurement  programs  under
the  affirmative  action  program described in subsection (a)
for any and all work undertaken by the Authority.  That  work
shall  include,  but  is  not  limited  to,  the  purchase of
professional  services,  construction   services,   supplies,
materials, and equipment.  The programs shall establish goals
of  awarding  not less than 25% of the annual dollar value of
all  contracts,  purchase   orders,   or   other   agreements
(collectively  referred  to as "contracts") to minority owned
businesses and 5% of the annual dollar value of all contracts
to female owned businesses.  Without limiting the  generality
of  the  foregoing,  the programs shall require in connection
with the prequalification or  consideration  of  vendors  for
professional  service  contracts, construction contracts, and
contracts for supplies, materials,  equipment,  and  services
that  each  proposer  or  bidder submit as part of his or her
proposal or bid a commitment detailing how  he  or  she  will
expend  25%  or  more  of  the  dollar  value  of  his or her
contracts with one or more minority owned businesses  and  5%
or  more  of  the  dollar value with one or more female owned
businesses.  Bids or  proposals  that  do  not  include  such
detailed commitments are not responsive and shall be rejected
unless  the  Authority deems it appropriate to grant a waiver
of these requirements.  In addition  the  Authority  may,  in
connection  with  the  selection of providers of professional
services, reserve the right to select a  minority  or  female
owned  business  or  businesses  to fulfill the commitment to
minority and female business participation.   The  commitment
to  minority  and female business participation may be met by
the contractor or professional service provider's status as a
minority or female owned business, by  joint  venture  or  by
subcontracting  a  portion  of  the  work  with or purchasing
materials for the work from one or more such  businesses,  or
by  any  combination thereof. Each contract shall require the
contractor or provider to submit a certified  monthly  report
detailing   the  status  of  that  contractor  or  provider's
compliance with the Authority's  minority  and  female  owned
business  enterprise  procurement  program.   The  Authority,
after  reviewing  the  monthly reports of the contractors and
providers, shall compile  a  comprehensive  report  regarding
compliance   with   this  procurement  program  and  file  it
quarterly with the General Assembly.  If, in connection  with
a  particular  contract,  the Authority determines that it is
impracticable or excessively costly  to  obtain  minority  or
female owned businesses to perform sufficient work to fulfill
the  commitment  required  by  this subsection, the Authority
shall reduce or waive the commitment in the contract, as  may
be  appropriate.   The  Authority  shall  establish rules and
regulations  setting  forth  the  standards  to  be  used  in
determining  whether  or  not  a  reduction  or   waiver   is
appropriate.  The terms "minority owned business" and "female
owned business" have the meanings given to those terms in the
Minority  and  Female  Business  Enterprise  for  Minorities,
Females, and Persons with Disabilities Act.
    (c)  The   Authority   shall   adopt   and   maintain  an
affirmative action program in connection with the  hiring  of
minorities  and women on the Expansion Project and on any and
all construction projects undertaken by the  Authority.   The
program   shall  be  designed  to  promote  equal  employment
opportunity and shall  specify  the  goals  and  methods  for
increasing  the  participation  of  minorities and women in a
representative mix of job classifications required to perform
the respective contracts awarded by the Authority.
    (d)  In  connection  with  the  Expansion  Project,   the
Authority  shall  incorporate the following elements into its
minority and female owned business  procurement  programs  to
the  extent  feasible:  (1)  a major contractors program that
permits minority owned businesses and female owned businesses
to bear significant responsibility and risk for a portion  of
the  project;  (2)  a  mentor/protege  program  that provides
financial, technical, managerial,  equipment,  and  personnel
support   to  minority  owned  businesses  and  female  owned
businesses; (3)  an  emerging  firms  program  that  includes
minority  owned  businesses  and female owned businesses that
would  not  otherwise  qualify  for  the   project   due   to
inexperience  or  limited  resources;  (4)  a  small projects
program that includes participation by smaller minority owned
businesses and female owned  businesses  on  jobs  where  the
total dollar value is $5,000,000 or less; and (5) a set-aside
program   that   will   identify   contracts   requiring  the
expenditure of  funds  less  than  $50,000  for  bids  to  be
submitted  solely  by  minority  owned  businesses and female
owned businesses.
    (e)  The Authority is authorized to enter into agreements
with  contractors'  associations,  labor  unions,   and   the
contractors  working on the Expansion Project to establish an
Apprenticeship Preparedness Training Program to  provide  for
an  increase  in the number of minority and female journeymen
and apprentices in the building  trades  and  to  enter  into
agreements  with  Community  College  District 508 to provide
readiness training.  The Authority is further  authorized  to
enter  into  contracts  with  public  and private educational
institutions and  persons  in  the  hospitality  industry  to
provide training for employment in the hospitality industry.
    (f)  McCormick  Place  Advisory Board. There is created a
McCormick Place Advisory Board composed as follows: 2 members
shall be appointed by the Mayor of Chicago; 2  members  shall
be  appointed  by  the  Governor;  2  members  shall be State
Senators appointed by the President of the Senate; 2  members
shall  be  State Senators appointed by the Minority Leader of
the  Senate;  2  members  shall  be   State   Representatives
appointed by the Speaker of the House of Representatives; and
2  members  shall  be  State Representatives appointed by the
Minority Leader of the House  of  Representatives  7  members
shall be named by the Authority who are residents of the area
surrounding  the  McCormick  Place  Expansion Project and are
either minorities, as defined in this subsection, or women; 7
members shall be State Senators named by the President of the
Senate who are residents of  the  City  of  Chicago  and  are
either  members  of  minority  groups or women; and 7 members
shall be State Representatives named by the  Speaker  of  the
House who are residents of the City of Chicago and are either
members  of  minority  groups  or  women.  The  terms  of all
previously appointed members of the Advisory Board expire  on
the effective date of this amendatory Act of the 92nd General
Assembly.  A State Senator or State Representative member may
appoint a designee to serve on the McCormick  Place  Advisory
Board in his or her absence.
    A "member of a minority group" shall mean a person who is
a  citizen  or lawful permanent resident of the United States
and who is
         (1)  Black (a person having origins in  any  of  the
    black racial groups in Africa);
         (2)  Hispanic  (a  person  of  Spanish or Portuguese
    culture with origins in Mexico, South or Central America,
    or the Caribbean Islands, regardless of race);
         (3)  Asian American (a person having origins in  any
    of  the original peoples of the Far East, Southeast Asia,
    the Indian Subcontinent, or the Pacific Islands); or
         (4)  American Indian or  Alaskan  Native  (a  person
    having  origins  in  any of the original peoples of North
    America).
    Members of the McCormick Place Advisory Board shall serve
2-year terms and until their successors are appointed, except
members who serve as a result of their elected position whose
terms shall  continue as long as they hold  their  designated
elected  positions.  Vacancies shall be filled by appointment
for the  unexpired  term  in  the  same  manner  as  original
appointments  are  made.   The McCormick Place Advisory Board
shall elect its own chairperson.
    Members of the McCormick Place Advisory Board shall serve
without compensation  but,  at  the  Authority's  discretion,
shall be reimbursed for necessary expenses in connection with
the performance of their duties.
    The  McCormick Place Advisory Board shall meet quarterly,
or as needed, shall produce any reports it  deems  necessary,
and shall:
         (1)  Work  with the Authority on ways to improve the
    area physically and economically;
         (2)  Work with  the  Authority  regarding  potential
    means  for  providing increased economic opportunities to
    minorities and women produced indirectly or directly from
    the construction and operation of the Expansion Project;
         (3)  Work  with  the  Authority  to   minimize   any
    potential  impact  on  the area surrounding the McCormick
    Place Expansion Project, including any impact on minority
    or  female   owned   businesses,   resulting   from   the
    construction and operation of the Expansion Project;
         (4)  Work  with the Authority to find candidates for
    building trades apprenticeships, for  employment  in  the
    hospitality   industry,  and  to  identify  job  training
    programs;
         (5)  Work  with  the  Authority  to  implement   the
    provisions of subsections (a) through (e) of this Section
    in  the  construction of the Expansion Project, including
    the Authority's goal of awarding not less than 25% and 5%
    of the annual dollar value of contracts to  minority  and
    female   owned   businesses,  the  outreach  program  for
    minorities and women, and the mentor/protege program  for
    providing   assistance   to  minority  and  female  owned
    businesses.
(Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.)

    Section 90.  Inseverability.  The provisions of this  Act
are  mutually dependent and inseverable.  If any provision or
its  application  to  any  person  or  circumstance  is  held
invalid, than this entire Act is invalid.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 31, 2001.
    Approved August 02, 2001.

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