State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0779

SB1760 Enrolled                                LRB9215394SMdv

    AN ACT concerning taxes.

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

    Section  5.  The Retailers' Occupation Tax Act is amended
by changing Section 5k as follows:

    (35 ILCS 120/5k) (from Ch. 120, par. 444k)
    Sec. 5k. Building materials exemption. Each retailer  who
makes   a   qualified   sale  of  building  materials  to  be
incorporated  into  real  estate  in   an   enterprise   zone
established  by  a  county or municipality under the Illinois
Enterprise Zone Act  by  remodeling,  rehabilitation  or  new
construction,  may  deduct  receipts  from  such  sales  when
calculating the tax imposed by this Act. For purposes of this
Section,  "qualified sale" means a sale of building materials
that will be incorporated into  real  estate  as  part  of  a
building  project  for which a Certificate of Eligibility for
Sales Tax Exemption has been issued by the  administrator  of
the enterprise zone in which the building project is located.
To  document  the  exemption  allowed under this Section, the
retailer must  obtain  from  the  purchaser  a  copy  of  the
Certificate  of Eligibility for Sales Tax Exemption issued by
the administrator of  the  enterprise  zone  into  which  the
building  materials  will be incorporated. The Certificate of
Eligibility for Sales Tax Exemption must contain:
         (1)  a   statement   that   the   building   project
    identified in the Certificate meets all the  requirements
    for  the  building  material  exemption  contained in the
    enterprise zone ordinance of the  jurisdiction  in  which
    the building project is located;
         (2)  the   location   or  address  of  the  building
    project; and
         (3)  the  signature  of  the  administrator  of  the
    enterprise zone in which the building project is located.
In addition, the retailer must obtain certification from  the
purchaser that contains:
         (1)  a  statement  that  the  building materials are
    being  purchased  for  incorporation  into  real   estate
    located in an Illinois enterprise zone;
         (2)  the location or address of the real estate into
    which the building materials will be incorporated;
         (3)  the  name  of the enterprise zone in which that
    real estate is located;
         (4)  a description of the building  materials  being
    purchased; and
         (5)  the purchaser's signature and date of purchase.
The  deduction  allowed  by  this  Section  for  the  sale of
building materials may be limited, to the  extent  authorized
by  ordinance,  adopted  after  the  effective  date  of this
amendatory Act of 1992, by the municipality  or  county  that
created  the  enterprise  zone  into  in  which  the building
materials will be incorporated retailer's place  of  business
is  located.  The ordinance, however, may neither require nor
prohibit the purchase of building materials from any retailer
or class of retailers in order to qualify for  the  exemption
allowed  under this Section. The corporate authorities of any
municipality or county that adopts an ordinance or resolution
imposing or changing any limitation on  the  enterprise  zone
exemption  for  building  materials  shall  transmit  to  the
Department  of  Revenue  on  or  not  later than 5 days after
publication, as provided by law,  a  certified  copy  of  the
ordinance   or   resolution   imposing   or   changing  those
limitations,  whereupon  the  Department  of  Revenue   shall
proceed to administer and enforce those limitations effective
the  first  day  of  the second calendar month next following
date of receipt by the Department of the certified  ordinance
or  resolution.   The  provisions  of this Section are exempt
from Section 2-70.
(Source: P.A.  91-51,  eff.  6-30-99;  91-954,  eff.  1-1-02;
92-484, eff. 8-23-01.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.26 as follows:

    (30 ILCS 805/8.26 new)
    Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 92nd General Assembly.
(Source: P.A.  91-51,  eff.  6-30-99;  91-954,  eff.  1-1-02;
92-484, eff. 8-23-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.