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92nd General Assembly

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Public Act 92-0536

HB0539 Enrolled                                LRB9203973SMdv

    AN ACT concerning taxation.

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

    Section  5.  The Cigarette Tax Act is amended by changing
Sections 2 and 3 as follows:

    (35 ILCS 130/2) (from Ch. 120, par. 453.2)
    Sec. 2.  Tax  imposed;  rate;  collection,  payment,  and
distribution; discount.
    (a)  A tax is imposed upon any person engaged in business
as  a  retailer  of cigarettes in this State at the rate of 5
1/2 mills per cigarette sold, or otherwise disposed of in the
course of such business in this State.  In  addition  to  any
other  tax  imposed  by  this  Act, a tax is imposed upon any
person engaged in business as a  retailer  of  cigarettes  in
this  State  at  a  rate  of  1/2  mill per cigarette sold or
otherwise disposed of in the course of such business in  this
State  on  and  after January 1, 1947, and shall be paid into
the Metropolitan Fair and Exposition Authority Reconstruction
Fund. On and after December 1, 1985, in addition to any other
tax imposed by this Act, a tax is  imposed  upon  any  person
engaged in business as a retailer of cigarettes in this State
at a rate of 4 mills per cigarette sold or otherwise disposed
of  in  the  course  of  such  business in this State. Of the
additional tax  imposed  by  this  amendatory  Act  of  1985,
$9,000,000  of  the  moneys  received  by  the  Department of
Revenue pursuant to this Act shall be paid  each  month  into
the  Common  School  Fund. On and after the effective date of
this amendatory Act of 1989, in addition  to  any  other  tax
imposed by this Act, a tax is imposed upon any person engaged
in  business  as  a  retailer  of cigarettes at the rate of 5
mills per cigarette sold or  otherwise  disposed  of  in  the
course  of  such  business  in  this  State. On and after the
effective date of this amendatory Act of 1993, in addition to
any other tax imposed by this Act, a tax is imposed upon  any
person engaged in business as a retailer of cigarettes at the
rate  of  7 mills per cigarette sold or otherwise disposed of
in the course of such business in this State.  On  and  after
December  15,  1997,  in addition to any other tax imposed by
this Act, a  tax  is  imposed  upon  any  person  engaged  in
business  as  a retailer of cigarettes at the rate of 7 mills
per cigarette sold or otherwise disposed of in the course  of
such  business  of  this State. All of the moneys received by
the Department of  Revenue  pursuant  to  this  Act  and  the
Cigarette  Use  Tax  Act from the additional taxes imposed by
this amendatory Act of 1997, shall be paid  each  month  into
the  Common  School  Fund.  On  and  after  July  1, 2002, in
addition to any other tax imposed  by  this  Act,  a  tax  is
imposed  upon any person engaged in business as a retailer of
cigarettes at the rate of 20.0 mills per  cigarette  sold  or
otherwise  disposed of in the course of such business in this
State. The payment of such taxes  shall  be  evidenced  by  a
stamp  affixed  to each original package of cigarettes, or an
authorized  substitute  for  such  stamp  imprinted  on  each
original package of such  cigarettes  underneath  the  sealed
transparent  outside  wrapper  of  such  original package, as
hereinafter provided.  However, such taxes  are  not  imposed
upon  any activity in such business in interstate commerce or
otherwise, which activity may not under the Constitution  and
statutes of the United States be made the subject of taxation
by this State.
    Beginning on the effective date of this amendatory Act of
the 92nd General Assembly 1998, all of the moneys received by
the  Department  of  Revenue  pursuant  to  this  Act and the
Cigarette Use  Tax  Act,  other  than  the  moneys  that  are
dedicated  to  the Metropolitan Fair and Exposition Authority
Reconstruction Fund and the  Common  School  Fund,  shall  be
distributed each month as follows: first, there shall be paid
into  the General Revenue Fund an amount which, when added to
the amount paid into the Common School Fund for  that  month,
equals  $33,300,000;  then, from the moneys remaining, if any
amounts required to be paid into the General Revenue Fund  in
previous  months  remain  unpaid, those amounts shall be paid
into the General Revenue Fund; then, beginning  on  April  1,
2003,  from  the moneys remaining, $5,000,000 per month shall
be paid into the School Infrastructure  Fund;  then,  if  any
amounts  required  to  be paid into the School Infrastructure
Fund in previous months remain unpaid, those amounts shall be
paid into the School Infrastructure  Fund;  then  the  moneys
remaining,  if  any,  shall  be  paid into the Long-Term Care
Provider Fund.  To the extent that more than $25,000,000  has
been  paid  into  the  General Revenue Fund and Common School
Fund per month for the period of July  1,  1993  through  the
effective  date  of this amendatory Act of 1994 from combined
receipts of the Cigarette Tax Act and the Cigarette  Use  Tax
Act,   notwithstanding  the  distribution  provided  in  this
Section, the Department of  Revenue  is  hereby  directed  to
adjust  the distribution provided in this Section to increase
the next monthly payments to the Long Term Care Provider Fund
by the amount paid to the General  Revenue  Fund  and  Common
School  Fund  in  excess  of  $25,000,000  per  month  and to
decrease the next monthly payments  to  the  General  Revenue
Fund and Common School Fund by that same excess amount.
    When any tax imposed herein terminates or has terminated,
distributors  who  have  bought  stamps while such tax was in
effect and who therefore paid such tax, but who can show,  to
the  Department's satisfaction, that they sold the cigarettes
to  which  they  affixed  such  stamps  after  such  tax  had
terminated and did not recover the tax or its equivalent from
purchasers, shall be allowed by the Department to take credit
for such absorbed tax against subsequent tax stamp  purchases
from the Department by such distributor.
    The  impact of the tax levied by this Act is imposed upon
the retailer and shall be prepaid  or  pre-collected  by  the
distributor for the purpose of convenience and facility only,
and  the amount of the tax shall be added to the price of the
cigarettes sold by such distributor. Collection  of  the  tax
shall  be  evidenced  by  a  stamp  or stamps affixed to each
original package of cigarettes, as hereinafter provided.
    Each distributor shall collect the tax from the  retailer
at  or before the time of the sale, shall affix the stamps as
hereinafter required, and shall remit the tax collected  from
retailers  to  the  Department,  as hereinafter provided. Any
distributor who fails to properly collect  and  pay  the  tax
imposed  by  this  Act  shall  be  liable  for  the  tax. Any
distributor having  cigarettes  to  which  stamps  have  been
affixed  in  his possession for sale on the effective date of
this amendatory Act of 1989 shall not be required to pay  the
additional tax imposed by this amendatory Act of 1989 on such
stamped  cigarettes.  Any  distributor  having  cigarettes to
which stamps have been affixed in his or her  possession  for
sale  at  12:01 a.m. on the effective date of this amendatory
Act of 1993, is required to pay the additional tax imposed by
this amendatory Act of 1993 on such stamped cigarettes.  This
payment, less the discount provided in subsection (b),  shall
be  due  when  the  distributor  first  makes  a  purchase of
cigarette  tax  stamps  after  the  effective  date  of  this
amendatory Act of 1993, or on the first due date of a  return
under  this  Act  after the effective date of this amendatory
Act of 1993, whichever occurs first.  Any distributor  having
cigarettes   to   which  stamps  have  been  affixed  in  his
possession for  sale  on  December  15,  1997  shall  not  be
required to pay the additional tax imposed by this amendatory
Act of 1997 on such stamped cigarettes.
    Any  distributor  having  cigarettes to which stamps have
been affixed in his or her possession for  sale  on  July  1,
2002  shall not be required to pay the additional tax imposed
by this amendatory Act of the 92nd General Assembly on  those
stamped cigarettes.
    The amount of the Cigarette Tax imposed by this Act shall
be  separately  stated, apart from the price of the goods, by
both distributors and retailers, in all advertisements, bills
and sales invoices.
    (b)  The distributor shall be  required  to  collect  the
taxes  provided under paragraph (a) hereof, and, to cover the
costs of such collection, shall be allowed a discount  during
any  year  commencing  July 1st and ending the following June
30th in accordance with the  schedule  set  out  hereinbelow,
which  discount  shall  be allowed at the time of purchase of
the stamps when purchase is required by this Act, or  at  the
time  when  the tax is remitted to the Department without the
purchase of stamps from the Department when  that  method  of
paying  the tax is required or authorized by this Act.  Prior
to December 1, 1985, a discount equal to 1 2/3% of the amount
of the tax up  to  and  including  the  first  $700,000  paid
hereunder  by  such  distributor to the Department during any
such year; 1 1/3% of the next $700,000 of  tax  or  any  part
thereof, paid hereunder by such distributor to the Department
during  any such year; 1% of the next $700,000 of tax, or any
part thereof, paid  hereunder  by  such  distributor  to  the
Department  during any such year, and 2/3 of 1% of the amount
of any additional tax paid hereunder by such  distributor  to
the Department during any such year shall apply. On and after
December  1, 1985, a discount equal to 1.75% of the amount of
the tax payable under this Act up to and including the  first
$3,000,000   paid   hereunder  by  such  distributor  to  the
Department during any such year and 1.5% of the amount of any
additional tax paid hereunder  by  such  distributor  to  the
Department during any such year shall apply.
    Two  or  more  distributors  that  use  a common means of
affixing revenue tax stamps or that are owned  or  controlled
by   the   same  interests  shall  be  treated  as  a  single
distributor for the purpose of computing the discount.
    (c)  The taxes herein imposed  are  in  addition  to  all
other  occupation  or privilege taxes imposed by the State of
Illinois, or by any political subdivision thereof, or by  any
municipal corporation.
(Source: P.A. 90-548, eff. 12-4-97; 90-587, eff. 7-1-98.)

    (35 ILCS 130/3) (from Ch. 120, par. 453.3)
    Sec.   3.  Affixing  tax  stamp;  remitting  tax  to  the
Department.  Payment of the taxes imposed  by  Section  2  of
this  Act shall (except as hereinafter provided) be evidenced
by revenue tax stamps affixed to  each  original  package  of
cigarettes. Each distributor of cigarettes, before delivering
or causing to be delivered any original package of cigarettes
in  this  State  to  a purchaser, shall firmly affix a proper
stamp or  stamps  to  each  such  package,  or  (in  case  of
manufacturers  of  cigarettes  in original packages which are
contained inside a sealed transparent wrapper) shall  imprint
the  required  language on the original package of cigarettes
beneath such outside wrapper, as hereinafter provided.
    No stamp or imprint may be affixed to, or made upon,  any
package  of  cigarettes unless that package complies with all
requirements  of   the   federal   Cigarette   Labeling   and
Advertising  Act,  15  U.S.C.  1331  and  following,  for the
placement of labels, warnings, or any other information  upon
a  package  of  cigarettes  that  is  sold  within the United
States.  Under the authority of  Section  6,  the  Department
shall   revoke   the  license  of  any  distributor  that  is
determined to have violated this paragraph. A person may  not
affix  a  stamp on a package of cigarettes, cigarette papers,
wrappers, or tubes if that individual package has been marked
for export outside the United States with a label  or  notice
in compliance with Section 290.185 of Title 27 of the Code of
Federal Regulations.  It is not a defense to a proceeding for
violation of this paragraph that the label or notice has been
removed, mutilated, obliterated, or altered in any manner.
    The   Department,   or   any  person  authorized  by  the
Department, shall sell such stamps only  to  persons  holding
valid licenses as distributors under this Act. The Department
may  refuse  to sell stamps to any person who does not comply
with the provisions of this Act. Beginning on  the  effective
date  of this amendatory Act of the 92nd General Assembly and
through June 30, 2002,  persons  holding  valid  licenses  as
distributors  may  purchase  cigarette  tax  stamps  up to an
amount equal to 115% of  the  distributor's  average  monthly
cigarette  tax  stamp  purchases  over the 12 calendar months
prior to the effective date of this  amendatory  Act  of  the
92nd General Assembly.
    Prior  to  December 1, 1985, the Department shall allow a
distributor 21 days in which to make  final  payment  of  the
amount   to   be  paid  for  such  stamps,  by  allowing  the
distributor to make payment for the stamps  at  the  time  of
purchasing  them  with a draft which shall be in such form as
the Department prescribes, and which shall be payable  within
21  days thereafter: Provided that such distributor has filed
with  the  Department,  and  has  received  the  Department's
approval of, a  bond,  which  is  in  addition  to  the  bond
required  under  Section  4  of  this  Act,  payable  to  the
Department  in  an  amount equal to 80% of such distributor's
average monthly tax liability to the  Department  under  this
Act during the preceding calendar year or $500,000, whichever
is  less. The Bond shall be joint and several and shall be in
the form of a  surety  company  bond  in  such  form  as  the
Department  prescribes,  or  it  may be in the form of a bank
certificate of deposit or bank letter  of  credit.  The  bond
shall be conditioned upon the distributor's payment of amount
of  any  21-day  draft which the Department accepts from that
distributor for the delivery of stamps  to  that  distributor
under  this  Act.  The  distributor's failure to pay any such
draft,  when  due,   shall   also   make   such   distributor
automatically liable to the Department for a penalty equal to
25% of the amount of such draft.
    On and after December 1, 1985, the Department shall allow
a  distributor  30 days in which to make final payment of the
amount  to  be  paid  for  such  stamps,  by   allowing   the
distributor  to  make  payment  for the stamps at the time of
purchasing them with a draft which shall be in such  form  as
the  Department prescribes, and which shall be payable within
30 days thereafter, and beginning  on  January  1,  2003  and
thereafter, the draft shall be payable by means of electronic
funds  transfer:   Provided  that  such distributor has filed
with  the  Department,  and  has  received  the  Department's
approval of, a  bond,  which  is  in  addition  to  the  bond
required  under  Section  4  of  this  Act,  payable  to  the
Department  in  an amount equal to 150% of such distributor's
average monthly tax liability to the  Department  under  this
Act during the preceding calendar year or $750,000, whichever
is less, except that as to bonds filed on or after January 1,
1987,  such  additional  bond  shall be in an amount equal to
100% of such  distributor's  average  monthly  tax  liability
under   this  Act  during  the  preceding  calendar  year  or
$750,000, whichever is less.  The bond  shall  be  joint  and
several  and shall be in the form of a surety company bond in
such form as the Department prescribes, or it may be  in  the
form  of  a  bank  certificate  of  deposit or bank letter of
credit. The bond shall be conditioned upon the  distributor's
payment   of  the  amount  of  any  30-day  draft  which  the
Department accepts from that distributor for the delivery  of
stamps to that distributor under this Act.  The distributor's
failure to pay any such draft, when due, shall also make such
distributor  automatically  liable  to  the  Department for a
penalty equal to 25% of the amount of such draft.
    Every  prior  continuous  compliance  taxpayer  shall  be
exempt from all requirements under  this  Section  concerning
the furnishing of such bond, as defined in this Section, as a
condition  precedent to his being authorized to engage in the
business licensed  under  this  Act.   This  exemption  shall
continue  for each such taxpayer until such time as he may be
determined by the Department to be delinquent in  the  filing
of  any  returns,  or is determined by the Department (either
through the Department's issuance of a final assessment which
has become final under the Act, or by the  taxpayer's  filing
of  a  return which admits tax to be due that is not paid) to
be delinquent or deficient in the paying  of  any  tax  under
this Act, at which time that taxpayer shall become subject to
the  bond requirements of this Section and, as a condition of
being allowed to continue to engage in the business  licensed
under  this  Act,  shall  be  required to furnish bond to the
Department in such form as provided in  this  Section.   Such
taxpayer  shall  furnish  such  bond for a period of 2 years,
after which, if the taxpayer has not been delinquent  in  the
filing  of  any  returns,  or  delinquent or deficient in the
paying  of  any  tax  under  this  Act,  the  Department  may
reinstate such  person  as  a  prior  continuance  compliance
taxpayer.   Any  taxpayer  who  fails  to  pay an admitted or
established liability under this Act may also be required  to
post  bond  or  other acceptable security with the Department
guaranteeing the payment  of  such  admitted  or  established
liability.
    Any  person  aggrieved  by any decision of the Department
under this Section may,  within  the  time  allowed  by  law,
protest and request a hearing, whereupon the Department shall
give  notice  and shall hold a hearing in conformity with the
provisions  of  this   Act   and   then   issue   its   final
administrative decision in the matter to such person.  In the
absence  of  such  a protest filed within the time allowed by
law, the Department's decision shall become final without any
further determination being made or notice given.
    The Department  shall  discharge  any  surety  and  shall
release  and return any bond or security deposited, assigned,
pledged, or otherwise provided to it by a taxpayer under this
Section within 30 days after:
    (1)  Such taxpayer becomes a prior continuous  compliance
taxpayer; or
    (2)  Such  taxpayer  has  ceased  to  collect receipts on
which he is required to remit  tax  to  the  Department,  has
filed  a  final tax return, and has paid to the Department an
amount sufficient to discharge his remaining tax liability as
determined by the Department under this Act.  The  Department
shall   make   a   final   determination  of  the  taxpayer's
outstanding tax liability as expeditiously as possible  after
his  final  tax  return  has  been  filed.  If the Department
cannot make such final determination  within  45  days  after
receiving  the  final tax return, within such period it shall
so notify the taxpayer, stating its reasons therefor.
    The  Department  may  authorize  distributors  to   affix
revenue  tax  stamps  by  imprinting  tax  meter  stamps upon
original packages of cigarettes. The Department  shall  adopt
rules  and regulations relating to the imprinting of such tax
meter stamps as will result in payment of the proper taxes as
herein imposed. No distributor may affix revenue  tax  stamps
to  original  packages  of cigarettes by imprinting tax meter
stamps thereon unless such  distributor  has  first  obtained
permission  from  the  Department  to  employ  this method of
affixation. The Department shall  regulate  the  use  of  tax
meters  and may, to assure the proper collection of the taxes
imposed  by  this  Act,  revoke  or  suspend  the  privilege,
theretofore granted by the Department to any distributor,  to
imprint   tax   meter   stamps   upon  original  packages  of
cigarettes.
    Illinois  cigarette   manufacturers   who   place   their
cigarettes  in original packages which are contained inside a
sealed  transparent   wrapper,   and   similar   out-of-State
cigarette manufacturers who elect to qualify and are accepted
by  the  Department  as distributors under Section 4b of this
Act, shall pay the taxes imposed by this Act by remitting the
amount thereof to the Department by the 5th day of each month
covering  cigarettes  shipped  or  otherwise   delivered   in
Illinois  to  purchasers during the preceding calendar month.
Such manufacturers of cigarettes in original  packages  which
are  contained  inside  a  sealed transparent wrapper, before
delivering such cigarettes or causing such cigarettes  to  be
delivered  in  this State to purchasers, shall evidence their
obligation to remit  the  taxes  due  with  respect  to  such
cigarettes  by  imprinting  language  to be prescribed by the
Department  on  each  original  package  of  such  cigarettes
underneath the sealed transparent  outside  wrapper  of  such
original package, in such place thereon and in such manner as
the  Department  may designate. Such imprinted language shall
acknowledge the manufacturer's payment of  or  liability  for
the  tax imposed by this Act with respect to the distribution
of such cigarettes.
(Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02.)

    Section 10.  The Cigarette Use  Tax  Act  is  amended  by
changing Sections 2 and 3 as follows:

    (35 ILCS 135/2) (from Ch. 120, par. 453.32)
    Sec.  2.   A  tax  is imposed upon the privilege of using
cigarettes in  this  State,  at  the  rate  of  6  mills  per
cigarette so used. On and after December 1, 1985, in addition
to  any  other tax imposed by this Act, a tax is imposed upon
the privilege of using cigarettes in this State at a rate  of
4  mills  per  cigarette  so used. On and after the effective
date of this amendatory Act of 1989, in addition to any other
tax imposed by this Act, a tax is imposed upon the  privilege
of  using cigarettes in this State at the rate of 5 mills per
cigarette so used.  On and after the effective date  of  this
amendatory  Act of 1993, in addition to any other tax imposed
by this Act, a tax is imposed upon  the  privilege  of  using
cigarettes  in  this State at a rate of 7 mills per cigarette
so used.  On and after December 15, 1997, in addition to  any
other  tax  imposed  by  this  Act, a tax is imposed upon the
privilege of using cigarettes in this State at a  rate  of  7
mills  per  cigarette  so used. On and after July 1, 2002, in
addition to any other tax imposed  by  this  Act,  a  tax  is
imposed  upon the privilege of using cigarettes in this State
at a rate of 20.0 mills per  cigarette  so  used.  The  taxes
herein  imposed  shall be in addition to all other occupation
or privilege taxes imposed by the State of Illinois or by any
political   subdivision   thereof   or   by   any   municipal
corporation.
    When any tax imposed herein terminates or has terminated,
distributors who have bought stamps while  such  tax  was  in
effect  and who therefore paid such tax, but who can show, to
the Department's satisfaction, that they sold the  cigarettes
to  which  they  affixed  such  stamps  after  such  tax  had
terminated and did not recover the tax or its equivalent from
purchasers, shall be allowed by the Department to take credit
for  such absorbed tax against subsequent tax stamp purchases
from the Department by such distributors.
    When the word "tax" is used in this Act, it shall include
any tax or tax rate imposed by this Act and  shall  mean  the
singular  of  "tax"  or the plural "taxes" as the context may
require.
    Any distributor having cigarettes to  which  stamps  have
been affixed in his possession for sale on the effective date
of  this  amendatory Act of 1989 shall not be required to pay
the additional tax imposed by this amendatory Act of 1989  on
such stamped cigarettes. Any distributor having cigarettes to
which  stamps  have been affixed in his or her possession for
sale at 12:01 a.m. on the effective date of  this  amendatory
Act of 1993, is required to pay the additional tax imposed by
this amendatory Act of 1993 on such stamped cigarettes.  This
payment  shall  be  due  when  the  distributor first makes a
purchase of cigarette tax stamps after the effective date  of
this  amendatory  Act  of 1993, or on the first due date of a
return under this  Act  after  the  effective  date  of  this
amendatory  Act  of  1993,  whichever  occurs  first.  Once a
distributor tenders payment of  the  additional  tax  to  the
Department,  the  distributor  may  purchase  stamps from the
Department.   Any  distributor  having  cigarettes  to  which
stamps  have  been  affixed  in  his  possession  for sale on
December 15, 1997 shall not be required to pay the additional
tax imposed by this amendatory Act of 1997  on  such  stamped
cigarettes.
    Any  distributor  having  cigarettes to which stamps have
been affixed in his or her possession for  sale  on  July  1,
2002  shall not be required to pay the additional tax imposed
by this amendatory Act of the 92nd General Assembly on  those
stamped cigarettes.
(Source: P.A. 90-548, eff. 12-4-97.)

    (35 ILCS 135/3) (from Ch. 120, par. 453.33)
    Sec.  3.   Stamp payment. The tax hereby imposed shall be
collected by a distributor maintaining a place of business in
this State or a  distributor  authorized  by  the  Department
pursuant  to  Section  7  hereof  to collect the tax, and the
amount of the  tax  shall  be  added  to  the  price  of  the
cigarettes  sold  by  such distributor. Collection of the tax
shall be evidenced by a  stamp  or  stamps  affixed  to  each
original package of cigarettes or by an authorized substitute
for  such  stamp  imprinted  on each original package of such
cigarettes underneath the sealed transparent outside  wrapper
of  such  original  package,  except as hereinafter provided.
Each distributor who is required or authorized to collect the
tax herein  imposed,  before  delivering  or  causing  to  be
delivered  any  original packages of cigarettes in this State
to any purchaser, shall firmly affix a proper stamp or stamps
to each such package, or (in the  case  of  manufacturers  of
cigarettes  in original packages which are contained inside a
sealed  transparent  wrapper)  shall  imprint  the   required
language  on  the original package of cigarettes beneath such
outside wrapper as hereinafter provided. Such stamp or stamps
need not be affixed to the original package of any cigarettes
with respect to which the distributor is required to affix  a
like  stamp  or  stamps  by  virtue of the Cigarette Tax Act,
however, and no tax imprint need  be  placed  underneath  the
sealed   transparent   wrapper  of  an  original  package  of
cigarettes with respect to which the distributor is  required
or  authorized  to employ a like tax imprint by virtue of the
Cigarette Tax Act.
    No stamp or imprint may be affixed to, or made upon,  any
package  of  cigarettes unless that package complies with all
requirements  of   the   federal   Cigarette   Labeling   and
Advertising  Act,  15  U.S.C.  1331  and  following,  for the
placement of labels, warnings, or any other information  upon
a  package  of  cigarettes  that  is  sold  within the United
States.  Under the authority of  Section  6,  the  Department
shall   revoke   the  license  of  any  distributor  that  is
determined to have violated this paragraph.  A person may not
affix a stamp on a package of cigarettes,  cigarette  papers,
wrappers, or tubes if that individual package has been marked
for  export  outside the United States with a label or notice
in compliance with Section 290.185 of Title 27 of the Code of
Federal Regulations.  It is not a defense to a proceeding for
violation of this paragraph that the label or notice has been
removed, mutilated, obliterated, or altered in any manner.
    Stamps, when required hereunder, shall be purchased  from
the  Department,  or any person authorized by the Department,
by distributors. The Department may refuse to sell stamps  to
any  person  who  does not comply with the provisions of this
Act. Beginning on the effective date of this  amendatory  Act
of  the  92nd  General  Assembly  and  through June 30, 2002,
persons holding valid licenses as distributors  may  purchase
cigarette  tax  stamps  up  to an amount equal to 115% of the
distributor's average monthly cigarette tax  stamp  purchases
over  the  12  calendar months prior to the effective date of
this amendatory Act of the 92nd General Assembly.
    Prior to December 1, 1985, the Department shall  allow  a
distributor  21  days  in  which to make final payment of the
amount  to  be  paid  for  such  stamps,  by   allowing   the
distributor  to  make  payment  for the stamps at the time of
purchasing them with a draft which shall be in such  form  as
the  Department prescribes, and which shall be payable within
21 days thereafter: Provided that such distributor has  filed
with  the  Department,  and  has  received  the  Department's
approval  of,  a  bond,  which  is  in  addition  to the bond
required  under  Section  4  of  this  Act,  payable  to  the
Department in an amount equal to 80%  of  such  distributor's
average  monthly  tax  liability to the Department under this
Act during the preceding calendar year or $500,000, whichever
is less. The bond shall be joint and several and shall be  in
the  form  of  a  surety  company  bond  in  such form as the
Department prescribes, or it may be in the  form  of  a  bank
certificate  of  deposit  or  bank letter of credit. The bond
shall be conditioned upon the distributor's  payment  of  the
amount  of any 21-day draft which the Department accepts from
that  distributor  for  the  delivery  of  stamps   to   that
distributor  under this Act. The distributor's failure to pay
any such draft, when due, shall also  make  such  distributor
automatically liable to the Department for a penalty equal to
25% of the amount of such draft.
    On and after December 1, 1985, the Department shall allow
a  distributor  30 days in which to make final payment of the
amount  to  be  paid  for  such  stamps,  by   allowing   the
distributor  to  make  payment  for the stamps at the time of
purchasing them with a draft which shall be in such  form  as
the  Department prescribes, and which shall be payable within
30 days thereafter, and beginning  on  January  1,  2003  and
thereafter, the draft shall be payable by means of electronic
funds  transfer:   Provided  that  such distributor has filed
with  the  Department,  and  has  received  the  Department's
approval of, a  bond,  which  is  in  addition  to  the  bond
required  under  Section  4  of  this  Act,  payable  to  the
Department  in  an amount equal to 150% of such distributor's
average monthly tax liability to the  Department  under  this
Act during the preceding calendar year or $750,000, whichever
is less, except that as to bonds filed on or after January 1,
1987,  such  additional  bond  shall be in an amount equal to
100% of such  distributor's  average  monthly  tax  liability
under   this  Act  during  the  preceding  calendar  year  or
$750,000, whichever is less.  The bond  shall  be  joint  and
several  and shall be in the form of a surety company bond in
such form as the Department prescribes, or it may be  in  the
form  of  a  bank  certificate  of  deposit or bank letter of
credit. The bond shall be conditioned upon the  distributor's
payment   of  the  amount  of  any  30-day  draft  which  the
Department accepts from that distributor for the delivery  of
stamps to that distributor under this Act.  The distributor's
failure to pay any such draft, when due, shall also make such
distributor  automatically  liable  to  the  Department for a
penalty equal to 25% of the amount of such draft.
    Every  prior  continuous  compliance  taxpayer  shall  be
exempt from all requirements under  this  Section  concerning
the furnishing of such bond, as defined in this Section, as a
condition  precedent to his being authorized to engage in the
business licensed  under  this  Act.   This  exemption  shall
continue  for each such taxpayer until such time as he may be
determined by the Department to be delinquent in  the  filing
of  any  returns,  or is determined by the Department (either
through the Department's issuance of a final assessment which
has become final under the Act, or by the  taxpayer's  filing
of  a  return which admits tax to be due that is not paid) to
be delinquent or deficient in the paying  of  any  tax  under
this Act, at which time that taxpayer shall become subject to
the  bond requirements of this Section and, as a condition of
being allowed to continue to engage in the business  licensed
under  this  Act,  shall  be  required to furnish bond to the
Department in such form as provided in  this  Section.   Such
taxpayer  shall  furnish  such  bond for a period of 2 years,
after which, if the taxpayer has not been delinquent  in  the
filing  of  any  returns,  or  delinquent or deficient in the
paying  of  any  tax  under  this  Act,  the  Department  may
reinstate such  person  as  a  prior  continuance  compliance
taxpayer.   Any  taxpayer  who  fails  to  pay an admitted or
established liability under this Act may also be required  to
post  bond  or  other acceptable security with the Department
guaranteeing the payment  of  such  admitted  or  established
liability.
    Any  person  aggrieved  by any decision of the Department
under this Section may,  within  the  time  allowed  by  law,
protest and request a hearing, whereupon the Department shall
give  notice  and shall hold a hearing in conformity with the
provisions  of  this   Act   and   then   issue   its   final
administrative decision in the matter to such person.  In the
absence  of  such  a protest filed within the time allowed by
law, the Department's decision shall become final without any
further determination being made or notice given.
    The Department  shall  discharge  any  surety  and  shall
release  and return any bond or security deposited, assigned,
pledged, or otherwise provided to it by a taxpayer under this
Section within 30 days after:
         (1)  such  Taxpayer  becomes  a   prior   continuous
    compliance taxpayer; or
         (2)  such taxpayer has ceased to collect receipts on
    which  he is required to remit tax to the Department, has
    filed a final tax return, and has paid to the  Department
    an  amount  sufficient  to  discharge  his  remaining tax
    liability as determined by the Department under this Act.
    The Department shall make a final  determination  of  the
    taxpayer's  outstanding tax liability as expeditiously as
    possible after his final tax return has been  filed.   If
    the  Department  cannot  make  such  final  determination
    within  45  days  after  receiving  the final tax return,
    within such period  it  shall  so  notify  the  taxpayer,
    stating its reasons therefor.
    At the time of purchasing such stamps from the Department
when  purchase  is  required by this Act, or at the time when
the tax which he has collected is remitted by  a  distributor
to  the  Department  without  the purchase of stamps from the
Department when that method of remitting  the  tax  that  has
been  collected  is  required  or authorized by this Act, the
distributor shall be  allowed  a  discount  during  any  year
commencing  July  1  and  ending  the  following  June  30 in
accordance with the schedule set out  hereinbelow,  from  the
amount  to  be paid by him to the Department for such stamps,
or to be paid by him  to  the  Department  on  the  basis  of
monthly  remittances (as the case may be), to cover the cost,
to such distributor, of collecting the tax herein imposed  by
affixing  such  stamps to the original packages of cigarettes
sold  by  such  distributor  or  by  placing   tax   imprints
underneath   the   sealed  transparent  wrapper  of  original
packages of cigarettes sold by such distributor (as the  case
may  be):  (1) Prior to December 1, 1985, a discount equal to
1-2/3% of the amount of the tax up to and including the first
$700,000 paid hereunder by such distributor to the Department
during any such year; 1-1/3% of the next $700,000 of  tax  or
any  part  thereof, paid hereunder by such distributor to the
Department during any such year; 1% of the next  $700,000  of
tax,  or any part thereof, paid hereunder by such distributor
to the Department during any such year; and 2/3 of 1% of  the
amount   of   any  additional  tax  paid  hereunder  by  such
distributor to the Department during any such year or (2)  On
and  after December 1, 1985, a discount equal to 1.75% of the
amount of the tax payable under this Act up to and  including
the  first  $3,000,000  paid hereunder by such distributor to
the Department during any such year and 1.5% of the amount of
any additional tax paid hereunder by such distributor to  the
Department during any such year.
    Two  or  more  distributors  that  use  a common means of
affixing revenue tax stamps or that are owned  or  controlled
by   the   same  interests  shall  be  treated  as  a  single
distributor for the purpose of computing the discount.
    Cigarette manufacturers who are distributors  under  this
Act,  and  who  place  their  cigarettes in original packages
which are contained  inside  a  sealed  transparent  wrapper,
shall be required to remit the tax which they are required to
collect  under  this  Act  to the Department by remitting the
amount thereof to the Department  by  the  5th  day  of  each
month,  covering cigarettes shipped or otherwise delivered to
points  in  Illinois  to  purchasers  during  the   preceding
calendar  month,  but  a  distributor  need  not remit to the
Department the tax so collected by him from purchasers  under
this  Act to the extent to which such distributor is required
to remit the tax imposed by the  Cigarette  Tax  Act  to  the
Department  with  respect  to  the same cigarettes. All taxes
upon cigarettes under this Act are  a  direct  tax  upon  the
retail  consumer  and  shall  conclusively  be presumed to be
precollected for the  purpose  of  convenience  and  facility
only.  Distributors  who  are  manufacturers of cigarettes in
original  packages  which  are  contained  inside  a   sealed
transparent  wrapper,  before  delivering  such cigarettes or
causing such cigarettes to be  delivered  in  this  State  to
purchasers,  shall  evidence  their obligation to collect and
remit  the  tax  due  with  respect  to  such  cigarettes  by
imprinting language to be prescribed  by  the  Department  on
each  original  package  of  such  cigarettes  underneath the
sealed transparent outside wrapper of such original  package,
in  such  place  thereon and in such manner as the Department
may prescribe; provided (as stated  hereinbefore)  that  this
requirement  does not apply when such distributor is required
or authorized by the Cigarette  Tax  Act  to  place  the  tax
imprint  provided  for  in the last paragraph of Section 3 of
that Act underneath the sealed transparent  wrapper  of  such
original package of cigarettes. Such imprinted language shall
acknowledge  the  manufacturer's collection and payment of or
liability for the tax imposed by this  Act  with  respect  to
such cigarettes.
    The  Department  shall adopt the design or designs of the
tax stamps and shall procure the printing of such  stamps  in
such  amounts  and  denominations  as  it  deems necessary to
provide for the affixation of the proper amount of tax stamps
to each original package of cigarettes.
    Where  tax  stamps  are  required,  the  Department   may
authorize   distributors  to  affix  revenue  tax  stamps  by
imprinting  tax  meter  stamps  upon  original  packages   of
cigarettes.  The Department shall adopt rules and regulations
relating to the imprinting of such tax meter stamps  as  will
result  in  payment of the proper taxes as herein imposed. No
distributor may affix revenue tax stamps to original packages
of cigarettes by imprinting meter stamps thereon unless  such
distributor has first obtained permission from the Department
to  employ  this  method  of affixation. The Department shall
regulate the use of tax meters and may, to assure the  proper
collection  of  the  taxes  imposed  by  this  Act, revoke or
suspend the privilege, theretofore granted by the  Department
to any distributor, to imprint tax meter stamps upon original
packages of cigarettes.
    The  tax  hereby  imposed  and  not paid pursuant to this
Section shall be paid  to  the  Department  directly  by  any
person  using  such cigarettes within this State, pursuant to
Section 12 hereof.
(Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02.)

    Section 15.  The Property Tax Code is amended by changing
Section 31-35 as follows:

    (35 ILCS 200/31-35)
    Sec. 31-35.  Deposit of tax  revenue.  Beginning  on  the
effective  date  of  this  amendatory Act of the 92nd General
Assembly July 1, 1994, 50% of  the  moneys  monies  collected
under Section 31-15, 50% shall be deposited into the Illinois
Affordable  Housing  Trust  Fund, 20% 35% into the Open Space
Lands Acquisition and Development Fund, 5% and 15%  into  the
Natural  Areas  Acquisition  Fund,  and  25% into the General
Revenue Fund.
(Source: P.A. 91-555, eff. 1-1-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly June 02, 2002.
    Approved June 06, 2002.
    Effective June 06, 2002.

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