093_SB0777enr

 
SB777 Enrolled                       LRB093 03252 AMC 03269 b

 1        AN  ACT  in relation to health, which may be known as the
 2    Colleen O'Sullivan Law.

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

 5        Section  1.  Short  title.  This  Act may be cited as the
 6    Physical Fitness Facility Medical Emergency Preparedness Act.

 7        Section 5.  Definitions. In this Act, words  and  phrases
 8    have the meanings set forth in the following Sections.

 9        Section     5.5.  Automated    external    defibrillator.
10    "Automated  external  defibrillator"  or   "AED"   means   an
11    automated  external defibrillator as defined in the Automated
12    External Defibrillator Act.

13        Section   5.10.  Department.   "Department"   means   the
14    Department of Public Health.

15        Section 5.15.  Director. "Director" means the Director of
16    Public Health.

17        Section  5.20.  Medical  emergency.  "Medical  emergency"
18    means the occurrence of a  sudden,  serious,  and  unexpected
19    sickness  or  injury  that  would  lead  a reasonable person,
20    possessing an average knowledge of medicine  and  health,  to
21    believe  that  the  sick or injured person requires urgent or
22    unscheduled medical care.

23        Section 5.25.  Physical fitness facility.
24        (a) "Physical fitness facility" means the following:
25             (1)  Any of the following indoor facilities that  is
26        (i)  owned  or operated by a park district, municipality,
 
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 1        or other unit of local  government  or  by  a  public  or
 2        private   elementary   or   secondary   school,  college,
 3        university,  or  technical  or  trade  school  and   (ii)
 4        supervised by one or more persons, other than maintenance
 5        or  security  personnel,  employed  by  the unit of local
 6        government,  school,  college,  or  university  for   the
 7        purpose  of  directly  supervising  the  physical fitness
 8        activities  taking  place  at   any   of   these   indoor
 9        facilities:  a  swimming  pool;  stadium; athletic field;
10        track and field facility; tennis court; basketball court;
11        or volleyball court; or such facilities located  adjacent
12        thereto.
13             (2)  Except as provided in subsection (b), any other
14        indoor  establishment,  whether  public  or private, that
15        provides   services   or   facilities   for   preserving,
16        maintaining, encouraging, or developing physical  fitness
17        or well-being, including an establishment designated as a
18        "health  club",  "fitness  club", or "exercise gym" or by
19        any other term of similar import.
20        (b)  "Physical  fitness  facility"  does  not  include  a
21    facility located in a hospital or in a hotel or motel, or any
22    outdoor facility. The term also does not include any facility
23    that does not employ  any  persons  to  provide  instruction,
24    training, or assistance for persons using the facility.

25        Section 10.  Medical emergency plan required.
26        (a)  Before  July  1,  2004,  each  person or entity that
27    operates  a   physical  fitness  facility  must   adopt   and
28    implement   a   written   plan   for  responding  to  medical
29    emergencies that occur at the facility during the  time  that
30    the facility is open for use by its members or by the public.
31    The  plan  must comply with this Act and rules adopted by the
32    Department to implement this Act. The facility  must  file  a
33    copy of the plan with the Department.
 
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 1        (b)  Whenever there is a change in the structure occupied
 2    by the facility or in the services provided or offered by the
 3    facility  that would materially affect the facility's ability
 4    to respond to a medical emergency, the person or entity  must
 5    promptly  update  its plan developed under subsection (a) and
 6    must file a copy of the updated plan with the Department.

 7        Section 15.  Automated external defibrillator required.
 8        (a)  By the dates specified in Section 50, every physical
 9    fitness facility must have at least one AED on  the  facility
10    premises.    The  Department  shall  adopt  rules  to  ensure
11    coordination with local emergency  medical  services  systems
12    regarding  the  placement and use of AEDs in physical fitness
13    facilities.  The  Department  may  adopt  rules  requiring  a
14    facility to have more than one AED on the premises, based  on
15    factors that include the following:
16             (1)  The size of the area or the number of buildings
17        or floors occupied by the facility.
18             (2)  The  number  of  persons  using  the  facility,
19        excluding spectators.
20        (b)  A  physical  fitness facility must ensure that there
21    is a trained AED user on staff.
22        (c)  Every physical fitness  facility  must  ensure  that
23    every  AED  on the facility's premises is properly tested and
24    maintained  in  accordance  with   rules   adopted   by   the
25    Department.

26        Section  20.  Training.  The Department shall adopt rules
27    to establish programs  to  train  physical  fitness  facility
28    staff  on  the  role of cardiopulmonary resuscitation and the
29    use of automated external defibrillators. The rules  must  be
30    consistent  with those adopted by the Department for training
31    AED users under the Automated External Defibrillator Act.
 
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 1        Section 25.  Economic incentives.
 2        (a)  The  Department  must  work  with  physical  fitness
 3    facilities and manufacturers and  distributors  of  automated
 4    external  defibrillators to develop a procedure by which 2 or
 5    more facilities may submit a joint bid for  the  purchase  of
 6    AEDs in order to maximize their purchasing power.
 7        (b)  A  private  physical fitness facility that purchases
 8    an automated external defibrillator in order to  comply  with
 9    this  Act  is  eligible  for  a  tax exemption as provided in
10    Section 3-5 of the Use Tax Act, Section 3-5  of  the  Service
11    Use  Tax  Act, Section 3-5 of the Service Occupation Tax Act,
12    and Section 2-5 of the Retailers' Occupation Tax Act.

13        Section 30.  Inspections. The Department shall inspect  a
14    physical  fitness  facility  in response to a complaint filed
15    with the Department alleging a violation of this Act. For the
16    purpose of ensuring compliance with this Act, the  Department
17    may  inspect  a  physical  fitness facility at other times in
18    accordance with rules adopted by the Department.

19        Section 35.  Penalties for violations.
20        (a)  If a physical fitness facility violates this Act  by
21    (i)  failing  to  adopt or implement a plan for responding to
22    medical emergencies under Section 10 or (ii) failing to  have
23    on the premises an AED or trained AED user as required  under
24    subsection  (a) or (b) of Section 15, the Director may impose
25    a civil penalty against the facility as follows:
26             (1)  At least $250 but less than $500  for  a  first
27        violation.
28             (2)  At least $500 but less than $1,000 for a second
29        violation.
30             (3)  At  least  $1,000  for  a  third  or subsequent
31        violation.
32        (b)  The Director may impose a civil penalty  under  this
 
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 1    Section only after it provides the following to the facility:
 2             (1)  Written notice of the alleged violation.
 3             (2)  Written  notice  of  the  facility's  right  to
 4        request  an administrative hearing on the question of the
 5        alleged violation.
 6             (3)  An opportunity to present evidence,  orally  or
 7        in  writing  or  both,  on  the  question  of the alleged
 8        violation before an impartial hearing examiner  appointed
 9        by the Director.
10             (4)  A  written decision from the Director, based on
11        the evidence introduced at the hearing  and  the  hearing
12        examiner's  recommendations,  finding  that  the facility
13        violated this Act and imposing the civil penalty.
14        (c)  The Attorney General may  bring  an  action  in  the
15    circuit court to enforce the collection of a monetary penalty
16    imposed under this Section.

17        Section  40.  Rules.  The Department shall adopt rules to
18    implement this Act.

19        Section 45.  Liability. Nothing  in  this  Act  shall  be
20    construed to either limit or expand the exemptions from civil
21    liability  in  connection  with  the  purchase  or  use of an
22    automated external defibrillator that are provided under  the
23    Automated  External  Defibrillator  Act  or  under  any other
24    provision of law.  A  right  of  action  does  not  exist  in
25    connection  with  the use or non-use of an automated external
26    defibrillator at a facility governed by  this  Act,  provided
27    that the person, unit of state or local government, or school
28    district   operating  the  facility  has  adopted  a  medical
29    emergency plan as required under Section 10 of this Act,  has
30    an  automated  external  defibrillator  at  the  facility  as
31    required under Section 15 of this Act, and has maintained the
32    automated external defibrillator in accordance with the rules
 
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 1    adopted by the Department.

 2        Section  50.  Compliance dates; private and public indoor
 3    physical fitness facilities.
 4        (a)  Privately owned indoor physical fitness  facilities.
 5    Every  privately  owned  or  operated indoor physical fitness
 6    facility must be in compliance with this  Act  on  or  before
 7    July 1, 2004.
 8        (b)  Publicly  owned  indoor physical fitness facilities.
 9    A public entity  owning  or  operating  4  or  fewer   indoor
10    physical  fitness  facilities  must  have  at  least one such
11    facility in compliance with this Act on  or  before  July  1,
12    2004;  its second facility in compliance by July 1, 2005; its
13    third facility in compliance by July 1, 2006; and its  fourth
14    facility in compliance by July 1, 2007.
15        A  public  entity  owning or operating more than 4 indoor
16    physical fitness facilities must have 25% of those facilities
17    in compliance by July 1, 2004; 50%  of  those  facilities  in
18    compliance  by  July  1,  2005;  75%  of  those facilities in
19    compliance by July 1, 2006; and 100% of those  facilities  in
20    compliance by July 1, 2007.

21        Section  88.  The State Mandates Act is amended by adding
22    Section 8.27 as follows:

23        (30 ILCS 805/8.27 new)
24        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
25    and  8 of this Act, no reimbursement by the State is required
26    for  the  implementation  of  any  mandate  created  by  this
27    amendatory Act of the 93rd General Assembly.

28        Section 90.  The Use  Tax  Act  is  amended  by  changing
29    Section 3-5 as follows:
 
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 1        (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
 2        Sec.  3-5.  Exemptions.   Use  of  the following tangible
 3    personal property is exempt from the tax imposed by this Act:
 4        (1)  Personal  property  purchased  from  a  corporation,
 5    society,    association,    foundation,    institution,    or
 6    organization, other than a limited liability company, that is
 7    organized and operated as a not-for-profit service enterprise
 8    for the benefit of persons 65 years of age or  older  if  the
 9    personal property was not purchased by the enterprise for the
10    purpose of resale by the enterprise.
11        (2)  Personal  property  purchased  by  a  not-for-profit
12    Illinois  county  fair  association  for  use  in conducting,
13    operating, or promoting the county fair.
14        (3)  Personal property purchased by a not-for-profit arts
15    or cultural organization that establishes, by proof  required
16    by  the Department by rule, that it has received an exemption
17    under Section 501(c)(3) of the Internal Revenue Code and that
18    is organized and operated primarily for the  presentation  or
19    support  of  arts  or  cultural  programming,  activities, or
20    services.  These organizations include, but are  not  limited
21    to,  music  and  dramatic arts organizations such as symphony
22    orchestras and theatrical groups, arts and  cultural  service
23    organizations,    local    arts    councils,    visual   arts
24    organizations, and media arts organizations. On and after the
25    effective date of this amendatory Act  of  the  92nd  General
26    Assembly,  however,  an  entity  otherwise  eligible for this
27    exemption shall not make tax-free purchases unless it has  an
28    active identification number issued by the Department.
29        (4)  Personal  property purchased by a governmental body,
30    by  a  corporation,  society,  association,  foundation,   or
31    institution    organized   and   operated   exclusively   for
32    charitable, religious,  or  educational  purposes,  or  by  a
33    not-for-profit corporation, society, association, foundation,
34    institution, or organization that has no compensated officers
 
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 1    or employees and that is organized and operated primarily for
 2    the recreation of persons 55 years of age or older. A limited
 3    liability  company  may  qualify for the exemption under this
 4    paragraph only if the limited liability company is  organized
 5    and  operated  exclusively  for  educational purposes. On and
 6    after July 1, 1987, however, no entity otherwise eligible for
 7    this exemption shall make tax-free purchases unless it has an
 8    active  exemption  identification  number   issued   by   the
 9    Department.
10        (5)  A passenger car that is a replacement vehicle to the
11    extent  that  the purchase price of the car is subject to the
12    Replacement Vehicle Tax.
13        (6)  Graphic  arts  machinery  and  equipment,  including
14    repair  and  replacement  parts,  both  new  and  used,   and
15    including  that  manufactured  on special order, certified by
16    the  purchaser  to  be  used  primarily  for   graphic   arts
17    production,  and  including machinery and equipment purchased
18    for lease.  Equipment includes chemicals or chemicals  acting
19    as catalysts but only if the chemicals or chemicals acting as
20    catalysts effect a direct and immediate change upon a graphic
21    arts product.
22        (7)  Farm chemicals.
23        (8)  Legal  tender,  currency,  medallions,  or  gold  or
24    silver   coinage   issued  by  the  State  of  Illinois,  the
25    government of the United States of America, or the government
26    of any foreign country, and bullion.
27        (9)  Personal property purchased from a teacher-sponsored
28    student  organization  affiliated  with  an   elementary   or
29    secondary school located in Illinois.
30        (10)  A  motor  vehicle  of  the  first division, a motor
31    vehicle of the second division that is a self-contained motor
32    vehicle designed or permanently converted to  provide  living
33    quarters  for  recreational,  camping,  or  travel  use, with
34    direct walk through to the living quarters from the  driver's
 
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 1    seat,  or  a  motor vehicle of the second division that is of
 2    the van configuration designed for the transportation of  not
 3    less  than  7  nor  more  than  16  passengers, as defined in
 4    Section 1-146 of the Illinois Vehicle Code, that is used  for
 5    automobile  renting,  as  defined  in  the Automobile Renting
 6    Occupation and Use Tax Act.
 7        (11)  Farm machinery and equipment, both  new  and  used,
 8    including  that  manufactured  on special order, certified by
 9    the purchaser to be used primarily for production agriculture
10    or  State  or  federal   agricultural   programs,   including
11    individual replacement parts for the machinery and equipment,
12    including  machinery  and  equipment purchased for lease, and
13    including implements of husbandry defined in Section 1-130 of
14    the Illinois Vehicle Code, farm  machinery  and  agricultural
15    chemical  and fertilizer spreaders, and nurse wagons required
16    to be registered under Section 3-809 of the Illinois  Vehicle
17    Code,  but  excluding  other  motor  vehicles  required to be
18    registered under the  Illinois  Vehicle  Code.  Horticultural
19    polyhouses  or  hoop houses used for propagating, growing, or
20    overwintering plants shall be considered farm  machinery  and
21    equipment  under this item (11). Agricultural chemical tender
22    tanks and dry boxes shall include units sold separately  from
23    a  motor  vehicle  required  to  be  licensed  and units sold
24    mounted on a motor vehicle required to  be  licensed  if  the
25    selling price of the tender is separately stated.
26        Farm  machinery  and  equipment  shall  include precision
27    farming equipment  that  is  installed  or  purchased  to  be
28    installed  on farm machinery and equipment including, but not
29    limited  to,  tractors,   harvesters,   sprayers,   planters,
30    seeders,  or spreaders. Precision farming equipment includes,
31    but is not  limited  to,  soil  testing  sensors,  computers,
32    monitors,  software,  global positioning and mapping systems,
33    and other such equipment.
34        Farm machinery and  equipment  also  includes  computers,
 
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 1    sensors,  software,  and  related equipment used primarily in
 2    the computer-assisted  operation  of  production  agriculture
 3    facilities,  equipment,  and  activities  such  as,  but  not
 4    limited  to,  the  collection, monitoring, and correlation of
 5    animal and crop data for the purpose  of  formulating  animal
 6    diets  and  agricultural chemicals.  This item (11) is exempt
 7    from the provisions of Section 3-90.
 8        (12)  Fuel and petroleum products sold to or used  by  an
 9    air  common  carrier, certified by the carrier to be used for
10    consumption, shipment, or  storage  in  the  conduct  of  its
11    business  as an air common carrier, for a flight destined for
12    or returning from a location or locations outside the  United
13    States  without  regard  to  previous  or subsequent domestic
14    stopovers.
15        (13)  Proceeds of mandatory  service  charges  separately
16    stated  on  customers' bills for the purchase and consumption
17    of food and beverages purchased at retail from a retailer, to
18    the extent that the proceeds of the  service  charge  are  in
19    fact  turned  over as tips or as a substitute for tips to the
20    employees who participate  directly  in  preparing,  serving,
21    hosting  or  cleaning  up  the food or beverage function with
22    respect to which the service charge is imposed.
23        (14)  Oil field  exploration,  drilling,  and  production
24    equipment, including (i) rigs and parts of rigs, rotary rigs,
25    cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
26    goods, including casing and drill strings,  (iii)  pumps  and
27    pump-jack  units,  (iv) storage tanks and flow lines, (v) any
28    individual  replacement  part  for  oil  field   exploration,
29    drilling,  and  production  equipment, and (vi) machinery and
30    equipment purchased for lease; but excluding  motor  vehicles
31    required to be registered under the Illinois Vehicle Code.
32        (15)  Photoprocessing  machinery and equipment, including
33    repair and replacement parts, both new  and  used,  including
34    that   manufactured   on  special  order,  certified  by  the
 
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 1    purchaser to  be  used  primarily  for  photoprocessing,  and
 2    including  photoprocessing  machinery and equipment purchased
 3    for lease.
 4        (16)  Coal  exploration,  mining,   offhighway   hauling,
 5    processing, maintenance, and reclamation equipment, including
 6    replacement  parts  and  equipment,  and  including equipment
 7    purchased for lease, but excluding motor vehicles required to
 8    be registered under the Illinois Vehicle Code.
 9        (17)  Distillation machinery and  equipment,  sold  as  a
10    unit   or  kit,  assembled  or  installed  by  the  retailer,
11    certified by the user to be used only for the  production  of
12    ethyl alcohol that will be used for consumption as motor fuel
13    or  as  a component of motor fuel for the personal use of the
14    user, and not subject to sale or resale.
15        (18)  Manufacturing   and   assembling   machinery    and
16    equipment  used  primarily in the process of manufacturing or
17    assembling tangible personal property for wholesale or retail
18    sale or lease, whether that sale or lease is made directly by
19    the  manufacturer  or  by  some  other  person,  whether  the
20    materials used in the process are owned by  the  manufacturer
21    or  some  other person, or whether that sale or lease is made
22    apart from or as an incident to the seller's engaging in  the
23    service  occupation of producing machines, tools, dies, jigs,
24    patterns, gauges, or other similar  items  of  no  commercial
25    value on special order for a particular purchaser.
26        (19)  Personal  property  delivered  to  a  purchaser  or
27    purchaser's donee inside Illinois when the purchase order for
28    that  personal  property  was  received  by a florist located
29    outside Illinois who has a florist  located  inside  Illinois
30    deliver the personal property.
31        (20)  Semen used for artificial insemination of livestock
32    for direct agricultural production.
33        (21)  Horses, or interests in horses, registered with and
34    meeting  the  requirements  of  any of the Arabian Horse Club
 
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 1    Registry of America, Appaloosa Horse Club,  American  Quarter
 2    Horse  Association,  United  States  Trotting Association, or
 3    Jockey Club, as appropriate, used for purposes of breeding or
 4    racing for prizes.
 5        (22)  Computers and communications equipment utilized for
 6    any hospital purpose and equipment  used  in  the  diagnosis,
 7    analysis,  or  treatment  of hospital patients purchased by a
 8    lessor who leases the equipment, under a lease of one year or
 9    longer executed or in effect at the  time  the  lessor  would
10    otherwise  be  subject  to  the tax imposed by this Act, to a
11    hospital  that  has  been  issued  an  active  tax  exemption
12    identification  number  by the Department under Section 1g of
13    the Retailers' Occupation  Tax  Act.   If  the  equipment  is
14    leased  in  a manner that does not qualify for this exemption
15    or is used in any other non-exempt manner, the  lessor  shall
16    be  liable  for the tax imposed under this Act or the Service
17    Use Tax Act, as the case may be, based  on  the  fair  market
18    value  of  the  property  at  the time the non-qualifying use
19    occurs.  No lessor shall collect or  attempt  to  collect  an
20    amount  (however  designated) that purports to reimburse that
21    lessor for the tax imposed by this Act or the Service Use Tax
22    Act, as the case may be, if the tax has not been paid by  the
23    lessor.  If a lessor improperly collects any such amount from
24    the  lessee,  the  lessee shall have a legal right to claim a
25    refund of that amount from the  lessor.   If,  however,  that
26    amount  is  not  refunded  to  the lessee for any reason, the
27    lessor is liable to pay that amount to the Department.
28        (23)  Personal property purchased by a lessor who  leases
29    the  property,  under a lease of  one year or longer executed
30    or in effect at  the  time  the  lessor  would  otherwise  be
31    subject  to  the  tax  imposed by this Act, to a governmental
32    body that has been  issued  an  active  sales  tax  exemption
33    identification  number  by the Department under Section 1g of
34    the Retailers' Occupation Tax Act. If the property is  leased
 
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 1    in  a manner that does not qualify for this exemption or used
 2    in any other non-exempt manner, the lessor  shall  be  liable
 3    for  the  tax  imposed  under this Act or the Service Use Tax
 4    Act, as the case may be, based on the fair  market  value  of
 5    the  property  at the time the non-qualifying use occurs.  No
 6    lessor shall collect or attempt to collect an amount (however
 7    designated) that purports to reimburse that  lessor  for  the
 8    tax  imposed  by  this Act or the Service Use Tax Act, as the
 9    case may be, if the tax has not been paid by the lessor.   If
10    a lessor improperly collects any such amount from the lessee,
11    the lessee shall have a legal right to claim a refund of that
12    amount  from  the  lessor.   If,  however, that amount is not
13    refunded to the lessee for any reason, the lessor  is  liable
14    to pay that amount to the Department.
15        (24)  Beginning  with  taxable  years  ending on or after
16    December 31, 1995 and ending with taxable years ending on  or
17    before  December  31, 2004, personal property that is donated
18    for disaster relief to  be  used  in  a  State  or  federally
19    declared disaster area in Illinois or bordering Illinois by a
20    manufacturer  or retailer that is registered in this State to
21    a   corporation,   society,   association,   foundation,   or
22    institution that  has  been  issued  a  sales  tax  exemption
23    identification  number by the Department that assists victims
24    of the disaster who reside within the declared disaster area.
25        (25)  Beginning with taxable years  ending  on  or  after
26    December  31, 1995 and ending with taxable years ending on or
27    before December 31, 2004, personal property that is  used  in
28    the  performance  of  infrastructure  repairs  in this State,
29    including but not limited to  municipal  roads  and  streets,
30    access  roads,  bridges,  sidewalks,  waste disposal systems,
31    water and  sewer  line  extensions,  water  distribution  and
32    purification  facilities,  storm water drainage and retention
33    facilities, and sewage treatment facilities, resulting from a
34    State or federally declared disaster in Illinois or bordering
 
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 1    Illinois  when  such  repairs  are  initiated  on  facilities
 2    located in the declared disaster area within 6  months  after
 3    the disaster.
 4        (26)  Beginning   July   1,  1999,  game  or  game  birds
 5    purchased at a "game breeding and hunting preserve  area"  or
 6    an  "exotic game hunting area" as those terms are used in the
 7    Wildlife Code or at  a  hunting  enclosure  approved  through
 8    rules  adopted  by the Department of Natural Resources.  This
 9    paragraph is exempt from the provisions of Section 3-90.
10        (27)  A motor vehicle, as that term is defined in Section
11    1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
12    corporation, limited liability company, society, association,
13    foundation,   or   institution  that  is  determined  by  the
14    Department to  be  organized  and  operated  exclusively  for
15    educational  purposes.    For  purposes of this exemption, "a
16    corporation, limited liability company, society, association,
17    foundation, or institution organized and operated exclusively
18    for educational  purposes"  means  all  tax-supported  public
19    schools, private schools that offer systematic instruction in
20    useful  branches  of  learning  by  methods  common to public
21    schools  and  that  compare  favorably  in  their  scope  and
22    intensity with the course of study presented in tax-supported
23    schools, and vocational or technical  schools  or  institutes
24    organized  and  operated  exclusively  to provide a course of
25    study of not less than  6  weeks  duration  and  designed  to
26    prepare  individuals to follow a trade or to pursue a manual,
27    technical, mechanical, industrial,  business,  or  commercial
28    occupation.
29        (28)  Beginning  January  1,  2000,   personal  property,
30    including  food, purchased through fundraising events for the
31    benefit of  a  public  or  private  elementary  or  secondary
32    school,  a  group  of  those  schools,  or one or more school
33    districts if the events are sponsored by an entity recognized
34    by the school district that consists primarily of  volunteers
 
SB777 Enrolled             -15-      LRB093 03252 AMC 03269 b
 1    and  includes  parents  and  teachers of the school children.
 2    This paragraph does not apply to fundraising events  (i)  for
 3    the benefit of private home instruction or (ii) for which the
 4    fundraising  entity  purchases  the personal property sold at
 5    the events from another individual or entity  that  sold  the
 6    property  for the purpose of resale by the fundraising entity
 7    and that profits from the sale  to  the  fundraising  entity.
 8    This paragraph is exempt from the provisions of Section 3-90.
 9        (29)  Beginning  January 1, 2000 and through December 31,
10    2001, new or used automatic vending machines that prepare and
11    serve hot food and beverages,  including  coffee,  soup,  and
12    other  items,  and  replacement  parts  for  these  machines.
13    Beginning  January  1,  2002, machines and parts for machines
14    used  in  commercial,  coin-operated  amusement  and  vending
15    business if a use or occupation tax  is  paid  on  the  gross
16    receipts   derived   from   the   use   of   the  commercial,
17    coin-operated amusement and vending machines. This  paragraph
18    is exempt from the provisions of Section 3-90.
19        (30)  Food  for  human consumption that is to be consumed
20    off the premises where  it  is  sold  (other  than  alcoholic
21    beverages,  soft  drinks, and food that has been prepared for
22    immediate consumption) and prescription  and  nonprescription
23    medicines,  drugs,  medical  appliances,  and  insulin, urine
24    testing materials, syringes, and needles used  by  diabetics,
25    for  human  use, when purchased for use by a person receiving
26    medical assistance under Article 5 of the Illinois Public Aid
27    Code who resides in a licensed long-term  care  facility,  as
28    defined in the Nursing Home Care Act.
29        (31)  Beginning  on the effective date of this amendatory
30    Act   of   the   92nd   General   Assembly,   computers   and
31    communications equipment utilized for  any  hospital  purpose
32    and  equipment  used in the diagnosis, analysis, or treatment
33    of hospital patients purchased by a  lessor  who  leases  the
34    equipment, under a lease of one year or longer executed or in
 
SB777 Enrolled             -16-      LRB093 03252 AMC 03269 b
 1    effect  at  the time the lessor would otherwise be subject to
 2    the tax imposed by this Act, to  a  hospital  that  has  been
 3    issued  an  active tax exemption identification number by the
 4    Department under Section 1g of the Retailers' Occupation  Tax
 5    Act.   If  the  equipment is leased in a manner that does not
 6    qualify for this exemption or is used in any other  nonexempt
 7    manner,  the lessor shall be liable for the tax imposed under
 8    this Act or the Service Use Tax Act,  as  the  case  may  be,
 9    based  on  the  fair market value of the property at the time
10    the nonqualifying use occurs.  No  lessor  shall  collect  or
11    attempt  to  collect  an  amount  (however  designated)  that
12    purports to reimburse that lessor for the tax imposed by this
13    Act  or  the  Service Use Tax Act, as the case may be, if the
14    tax has not been paid by the lessor.  If a lessor  improperly
15    collects  any  such  amount from the lessee, the lessee shall
16    have a legal right to claim a refund of that amount from  the
17    lessor.   If,  however,  that  amount  is not refunded to the
18    lessee for any reason, the  lessor  is  liable  to  pay  that
19    amount  to  the Department. This paragraph is exempt from the
20    provisions of Section 3-90.
21        (32)  Beginning on the effective date of this  amendatory
22    Act of the 92nd General Assembly, personal property purchased
23    by  a  lessor  who  leases the property, under a lease of one
24    year or longer executed or in effect at the time  the  lessor
25    would otherwise be subject to the tax imposed by this Act, to
26    a  governmental body that has been issued an active sales tax
27    exemption  identification  number  by  the  Department  under
28    Section 1g of the Retailers'  Occupation  Tax  Act.   If  the
29    property is leased in a manner that does not qualify for this
30    exemption  or  used in any other nonexempt manner, the lessor
31    shall be liable for the tax imposed under  this  Act  or  the
32    Service  Use  Tax  Act, as the case may be, based on the fair
33    market value of the property at the  time  the  nonqualifying
34    use occurs.  No lessor shall collect or attempt to collect an
 
SB777 Enrolled             -17-      LRB093 03252 AMC 03269 b
 1    amount  (however  designated) that purports to reimburse that
 2    lessor for the tax imposed by this Act or the Service Use Tax
 3    Act, as the case may be, if the tax has not been paid by  the
 4    lessor.  If a lessor improperly collects any such amount from
 5    the  lessee,  the  lessee shall have a legal right to claim a
 6    refund of that amount from the  lessor.   If,  however,  that
 7    amount  is  not  refunded  to  the lessee for any reason, the
 8    lessor is liable to pay that amount to the Department.   This
 9    paragraph is exempt from the provisions of Section 3-90.
10        (33)  Beginning  January  1, 2004 and ending December 31,
11    2007,  automated  external  defibrillators  purchased  by   a
12    physical  fitness  facility for the purpose of complying with
13    the Physical Fitness Facility Medical Emergency  Preparedness
14    Act, up to a maximum exemption of $300 per year. For purposes
15    of  this  paragraph  (33),  "physical  fitness  facility"  is
16    defined as in the Physical Fitness Facility Medical Emergency
17    Preparedness  Act,  except that the term does not include any
18    facility that is  owned  or  operated  by  a  unit  of  local
19    government or a public school, college, or university.
20    (Source:  P.A.  91-51,  eff.  6-30-99;  91-200, eff. 7-20-99;
21    91-439, eff.  8-6-99;  91-637,  eff.  8-20-99;  91-644,  eff.
22    8-20-99;  91-901,  eff.  1-1-01;  92-35, eff. 7-1-01; 92-227,
23    eff. 8-2-01; 92-337,  eff.  8-10-01;  92-484,  eff.  8-23-01;
24    92-651, eff. 7-11-02.)

25        Section  91.  The  Service  Use  Tax  Act  is  amended by
26    changing Section 3-5 as follows:

27        (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
28        Sec. 3-5.  Exemptions.  Use  of  the  following  tangible
29    personal property is exempt from the tax imposed by this Act:
30        (1)  Personal  property  purchased  from  a  corporation,
31    society,    association,    foundation,    institution,    or
32    organization, other than a limited liability company, that is
 
SB777 Enrolled             -18-      LRB093 03252 AMC 03269 b
 1    organized and operated as a not-for-profit service enterprise
 2    for  the  benefit  of persons 65 years of age or older if the
 3    personal property was not purchased by the enterprise for the
 4    purpose of resale by the enterprise.
 5        (2)  Personal property purchased by a non-profit Illinois
 6    county fair association for use in conducting, operating,  or
 7    promoting the county fair.
 8        (3)  Personal property purchased by a not-for-profit arts
 9    or  cultural organization that establishes, by proof required
10    by the Department by rule, that it has received an  exemption
11    under Section 501(c)(3) of the Internal Revenue Code and that
12    is  organized  and operated primarily for the presentation or
13    support of  arts  or  cultural  programming,  activities,  or
14    services.   These  organizations include, but are not limited
15    to, music and dramatic arts organizations  such  as  symphony
16    orchestras  and  theatrical groups, arts and cultural service
17    organizations,   local    arts    councils,    visual    arts
18    organizations, and media arts organizations. On and after the
19    effective  date  of  this  amendatory Act of the 92nd General
20    Assembly, however, an  entity  otherwise  eligible  for  this
21    exemption  shall not make tax-free purchases unless it has an
22    active identification number issued by the Department.
23        (4)  Legal  tender,  currency,  medallions,  or  gold  or
24    silver  coinage  issued  by  the  State  of   Illinois,   the
25    government of the United States of America, or the government
26    of any foreign country, and bullion.
27        (5)  Graphic  arts  machinery  and  equipment,  including
28    repair   and  replacement  parts,  both  new  and  used,  and
29    including that manufactured on special order or purchased for
30    lease, certified by the purchaser to be  used  primarily  for
31    graphic  arts  production.  Equipment  includes  chemicals or
32    chemicals acting as catalysts but only if  the  chemicals  or
33    chemicals  acting  as catalysts effect a direct and immediate
34    change upon a graphic arts product.
 
SB777 Enrolled             -19-      LRB093 03252 AMC 03269 b
 1        (6)  Personal property purchased from a teacher-sponsored
 2    student  organization  affiliated  with  an   elementary   or
 3    secondary school located in Illinois.
 4        (7)  Farm  machinery  and  equipment,  both new and used,
 5    including that manufactured on special  order,  certified  by
 6    the purchaser to be used primarily for production agriculture
 7    or   State   or   federal  agricultural  programs,  including
 8    individual replacement parts for the machinery and equipment,
 9    including machinery and equipment purchased  for  lease,  and
10    including implements of husbandry defined in Section 1-130 of
11    the  Illinois  Vehicle  Code, farm machinery and agricultural
12    chemical and fertilizer spreaders, and nurse wagons  required
13    to  be registered under Section 3-809 of the Illinois Vehicle
14    Code, but excluding  other  motor  vehicles  required  to  be
15    registered  under  the  Illinois  Vehicle Code. Horticultural
16    polyhouses or hoop houses used for propagating,  growing,  or
17    overwintering  plants  shall be considered farm machinery and
18    equipment under this item (7). Agricultural  chemical  tender
19    tanks  and dry boxes shall include units sold separately from
20    a motor vehicle  required  to  be  licensed  and  units  sold
21    mounted  on  a  motor  vehicle required to be licensed if the
22    selling price of the tender is separately stated.
23        Farm machinery  and  equipment  shall  include  precision
24    farming  equipment  that  is  installed  or  purchased  to be
25    installed on farm machinery and equipment including, but  not
26    limited   to,   tractors,   harvesters,  sprayers,  planters,
27    seeders, or spreaders. Precision farming equipment  includes,
28    but  is  not  limited  to,  soil  testing sensors, computers,
29    monitors, software, global positioning and  mapping  systems,
30    and other such equipment.
31        Farm  machinery  and  equipment  also includes computers,
32    sensors, software, and related equipment  used  primarily  in
33    the  computer-assisted  operation  of  production agriculture
34    facilities,  equipment,  and  activities  such  as,  but  not
 
SB777 Enrolled             -20-      LRB093 03252 AMC 03269 b
 1    limited to, the collection, monitoring,  and  correlation  of
 2    animal  and  crop  data for the purpose of formulating animal
 3    diets and agricultural chemicals.  This item  (7)  is  exempt
 4    from the provisions of Section 3-75.
 5        (8)  Fuel  and  petroleum  products sold to or used by an
 6    air common carrier, certified by the carrier to be  used  for
 7    consumption,  shipment,  or  storage  in  the  conduct of its
 8    business as an air common carrier, for a flight destined  for
 9    or  returning from a location or locations outside the United
10    States without regard  to  previous  or  subsequent  domestic
11    stopovers.
12        (9)  Proceeds  of  mandatory  service  charges separately
13    stated on customers' bills for the purchase  and  consumption
14    of food and beverages acquired as an incident to the purchase
15    of  a  service  from  a  serviceman,  to  the extent that the
16    proceeds of the service charge are in  fact  turned  over  as
17    tips  or  as  a  substitute  for  tips  to  the employees who
18    participate  directly  in  preparing,  serving,  hosting   or
19    cleaning  up  the  food  or beverage function with respect to
20    which the service charge is imposed.
21        (10)  Oil field  exploration,  drilling,  and  production
22    equipment, including (i) rigs and parts of rigs, rotary rigs,
23    cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
24    goods, including casing and drill strings,  (iii)  pumps  and
25    pump-jack  units,  (iv) storage tanks and flow lines, (v) any
26    individual  replacement  part  for  oil  field   exploration,
27    drilling,  and  production  equipment, and (vi) machinery and
28    equipment purchased for lease; but excluding  motor  vehicles
29    required to be registered under the Illinois Vehicle Code.
30        (11)  Proceeds from the sale of photoprocessing machinery
31    and  equipment,  including repair and replacement parts, both
32    new and used, including that manufactured on  special  order,
33    certified   by   the  purchaser  to  be  used  primarily  for
34    photoprocessing, and including photoprocessing machinery  and
 
SB777 Enrolled             -21-      LRB093 03252 AMC 03269 b
 1    equipment purchased for lease.
 2        (12)  Coal   exploration,   mining,  offhighway  hauling,
 3    processing, maintenance, and reclamation equipment, including
 4    replacement parts  and  equipment,  and  including  equipment
 5    purchased for lease, but excluding motor vehicles required to
 6    be registered under the Illinois Vehicle Code.
 7        (13)  Semen used for artificial insemination of livestock
 8    for direct agricultural production.
 9        (14)  Horses, or interests in horses, registered with and
10    meeting  the  requirements  of  any of the Arabian Horse Club
11    Registry of America, Appaloosa Horse Club,  American  Quarter
12    Horse  Association,  United  States  Trotting Association, or
13    Jockey Club, as appropriate, used for purposes of breeding or
14    racing for prizes.
15        (15)  Computers and communications equipment utilized for
16    any hospital purpose and equipment  used  in  the  diagnosis,
17    analysis,  or  treatment  of hospital patients purchased by a
18    lessor who leases the equipment, under a lease of one year or
19    longer executed or in effect at the  time  the  lessor  would
20    otherwise  be  subject  to  the tax imposed by this Act, to a
21    hospital  that  has  been  issued  an  active  tax  exemption
22    identification number by the Department under Section  1g  of
23    the Retailers' Occupation Tax Act. If the equipment is leased
24    in  a  manner  that does not qualify for this exemption or is
25    used in any other non-exempt  manner,  the  lessor  shall  be
26    liable for the tax imposed under this Act or the Use Tax Act,
27    as  the  case  may  be, based on the fair market value of the
28    property at the  time  the  non-qualifying  use  occurs.   No
29    lessor shall collect or attempt to collect an amount (however
30    designated)  that  purports  to reimburse that lessor for the
31    tax imposed by this Act or the Use Tax Act, as the  case  may
32    be,  if the tax has not been paid by the lessor.  If a lessor
33    improperly collects any such  amount  from  the  lessee,  the
34    lessee  shall  have  a  legal right to claim a refund of that
 
SB777 Enrolled             -22-      LRB093 03252 AMC 03269 b
 1    amount from the lessor.  If,  however,  that  amount  is  not
 2    refunded  to  the lessee for any reason, the lessor is liable
 3    to pay that amount to the Department.
 4        (16)  Personal property purchased by a lessor who  leases
 5    the property, under a lease of one year or longer executed or
 6    in  effect  at the time the lessor would otherwise be subject
 7    to the tax imposed by this Act, to a governmental  body  that
 8    has been issued an active tax exemption identification number
 9    by   the  Department  under  Section  1g  of  the  Retailers'
10    Occupation Tax Act.  If the property is leased  in  a  manner
11    that  does  not  qualify for this exemption or is used in any
12    other non-exempt manner, the lessor shall be liable  for  the
13    tax  imposed  under  this Act or the Use Tax Act, as the case
14    may be, based on the fair market value of the property at the
15    time the non-qualifying use occurs.  No lessor shall  collect
16    or  attempt  to  collect  an amount (however designated) that
17    purports to reimburse that lessor for the tax imposed by this
18    Act or the Use Tax Act, as the case may be, if  the  tax  has
19    not been paid by the lessor.  If a lessor improperly collects
20    any  such  amount  from  the  lessee, the lessee shall have a
21    legal right to claim a refund of that amount from the lessor.
22    If, however, that amount is not refunded to  the  lessee  for
23    any  reason,  the  lessor is liable to pay that amount to the
24    Department.
25        (17)  Beginning with taxable years  ending  on  or  after
26    December  31, 1995 and ending with taxable years ending on or
27    before December 31, 2004, personal property that  is  donated
28    for  disaster  relief  to  be  used  in  a State or federally
29    declared disaster area in Illinois or bordering Illinois by a
30    manufacturer or retailer that is registered in this State  to
31    a   corporation,   society,   association,   foundation,   or
32    institution  that  has  been  issued  a  sales  tax exemption
33    identification number by the Department that assists  victims
34    of the disaster who reside within the declared disaster area.
 
SB777 Enrolled             -23-      LRB093 03252 AMC 03269 b
 1        (18)  Beginning  with  taxable  years  ending on or after
 2    December 31, 1995 and ending with taxable years ending on  or
 3    before  December  31, 2004, personal property that is used in
 4    the performance of  infrastructure  repairs  in  this  State,
 5    including  but  not  limited  to municipal roads and streets,
 6    access roads, bridges,  sidewalks,  waste  disposal  systems,
 7    water  and  sewer  line  extensions,  water  distribution and
 8    purification facilities, storm water drainage  and  retention
 9    facilities, and sewage treatment facilities, resulting from a
10    State or federally declared disaster in Illinois or bordering
11    Illinois  when  such  repairs  are  initiated  on  facilities
12    located  in  the declared disaster area within 6 months after
13    the disaster.
14        (19)  Beginning  July  1,  1999,  game  or   game   birds
15    purchased  at  a "game breeding and hunting preserve area" or
16    an "exotic game hunting area" as those terms are used in  the
17    Wildlife  Code  or  at  a  hunting enclosure approved through
18    rules adopted by the Department of Natural  Resources.   This
19    paragraph is exempt from the provisions of Section 3-75.
20        (20)  A motor vehicle, as that term is defined in Section
21    1-146  of  the  Illinois  Vehicle  Code, that is donated to a
22    corporation, limited liability company, society, association,
23    foundation,  or  institution  that  is  determined   by   the
24    Department  to  be  organized  and  operated  exclusively for
25    educational purposes.  For purposes  of  this  exemption,  "a
26    corporation, limited liability company, society, association,
27    foundation, or institution organized and operated exclusively
28    for  educational  purposes"  means  all  tax-supported public
29    schools, private schools that offer systematic instruction in
30    useful branches of  learning  by  methods  common  to  public
31    schools  and  that  compare  favorably  in  their  scope  and
32    intensity with the course of study presented in tax-supported
33    schools,  and  vocational  or technical schools or institutes
34    organized and operated exclusively to  provide  a  course  of
 
SB777 Enrolled             -24-      LRB093 03252 AMC 03269 b
 1    study  of  not  less  than  6  weeks duration and designed to
 2    prepare individuals to follow a trade or to pursue a  manual,
 3    technical,  mechanical,  industrial,  business, or commercial
 4    occupation.
 5        (21)  Beginning  January  1,  2000,   personal  property,
 6    including food, purchased through fundraising events for  the
 7    benefit  of  a  public  or  private  elementary  or secondary
 8    school, a group of those  schools,  or  one  or  more  school
 9    districts if the events are sponsored by an entity recognized
10    by  the school district that consists primarily of volunteers
11    and includes parents and teachers  of  the  school  children.
12    This  paragraph  does not apply to fundraising events (i) for
13    the benefit of private home instruction or (ii) for which the
14    fundraising entity purchases the personal  property  sold  at
15    the  events  from  another individual or entity that sold the
16    property for the purpose of resale by the fundraising  entity
17    and  that  profits  from  the sale to the fundraising entity.
18    This paragraph is exempt from the provisions of Section 3-75.
19        (22)  Beginning January 1, 2000 and through December  31,
20    2001, new or used automatic vending machines that prepare and
21    serve  hot  food  and  beverages, including coffee, soup, and
22    other  items,  and  replacement  parts  for  these  machines.
23    Beginning January 1, 2002, machines and  parts  for  machines
24    used  in  commercial,  coin-operated  amusement  and  vending
25    business  if  a  use  or  occupation tax is paid on the gross
26    receipts  derived   from   the   use   of   the   commercial,
27    coin-operated  amusement and vending machines. This paragraph
28    is exempt from the provisions of Section 3-75.
29        (23)  Food for human consumption that is to  be  consumed
30    off  the  premises  where  it  is  sold (other than alcoholic
31    beverages, soft drinks, and food that has been  prepared  for
32    immediate  consumption)  and prescription and nonprescription
33    medicines, drugs,  medical  appliances,  and  insulin,  urine
34    testing  materials,  syringes, and needles used by diabetics,
 
SB777 Enrolled             -25-      LRB093 03252 AMC 03269 b
 1    for human use, when purchased for use by a  person  receiving
 2    medical assistance under Article 5 of the Illinois Public Aid
 3    Code  who  resides  in a licensed long-term care facility, as
 4    defined in the Nursing Home Care Act.
 5        (24)    Beginning  on  the   effective   date   of   this
 6    amendatory  Act  of  the 92nd General Assembly, computers and
 7    communications equipment utilized for  any  hospital  purpose
 8    and  equipment  used in the diagnosis, analysis, or treatment
 9    of hospital patients purchased by a  lessor  who  leases  the
10    equipment, under a lease of one year or longer executed or in
11    effect  at  the time the lessor would otherwise be subject to
12    the tax imposed by this Act, to  a  hospital  that  has  been
13    issued  an  active tax exemption identification number by the
14    Department under Section 1g of the Retailers' Occupation  Tax
15    Act.   If  the  equipment is leased in a manner that does not
16    qualify for this exemption or is used in any other  nonexempt
17    manner,  the lessor shall be liable for the tax imposed under
18    this Act or the Use Tax Act, as the case may be, based on the
19    fair  market  value  of  the  property  at   the   time   the
20    nonqualifying  use occurs. No lessor shall collect or attempt
21    to collect an amount (however designated)  that  purports  to
22    reimburse  that lessor for the tax imposed by this Act or the
23    Use Tax Act, as the case may be, if the tax has not been paid
24    by the lessor.  If a  lessor  improperly  collects  any  such
25    amount  from  the lessee, the lessee shall have a legal right
26    to claim a refund  of  that  amount  from  the  lessor.   If,
27    however,  that  amount  is not refunded to the lessee for any
28    reason, the lessor is  liable  to  pay  that  amount  to  the
29    Department.  This  paragraph is exempt from the provisions of
30    Section 3-75.
31        (25)  Beginning on the effective date of this  amendatory
32    Act of the 92nd General Assembly, personal property purchased
33    by  a  lessor  who  leases the property, under a lease of one
34    year or longer executed or in effect at the time  the  lessor
 
SB777 Enrolled             -26-      LRB093 03252 AMC 03269 b
 1    would otherwise be subject to the tax imposed by this Act, to
 2    a  governmental  body  that  has  been  issued  an active tax
 3    exemption  identification  number  by  the  Department  under
 4    Section 1g of the Retailers'  Occupation  Tax  Act.   If  the
 5    property is leased in a manner that does not qualify for this
 6    exemption  or  is  used  in  any  other nonexempt manner, the
 7    lessor shall be liable for the tax imposed under this Act  or
 8    the Use Tax Act, as the case may be, based on the fair market
 9    value  of  the  property  at  the  time the nonqualifying use
10    occurs.  No lessor shall collect or  attempt  to  collect  an
11    amount  (however  designated) that purports to reimburse that
12    lessor for the tax imposed by this Act or the Use Tax Act, as
13    the case may be, if the tax has not been paid by the  lessor.
14    If  a  lessor  improperly  collects  any such amount from the
15    lessee, the lessee shall have a legal right to claim a refund
16    of that amount from the lessor.  If, however, that amount  is
17    not  refunded  to  the  lessee  for any reason, the lessor is
18    liable to pay that amount to the Department.  This  paragraph
19    is exempt from the provisions of Section 3-75.
20        (26)    Beginning January 1, 2004 and ending December 31,
21    2007,  automated  external  defibrillators  purchased  by   a
22    physical  fitness  facility for the purpose of complying with
23    the Physical Fitness Facility Medical Emergency  Preparedness
24    Act, up to a maximum exemption of $300 per year. For purposes
25    of  this  paragraph  (26),  "physical  fitness  facility"  is
26    defined as in the Physical Fitness Facility Medical Emergency
27    Preparedness  Act,  except that the term does not include any
28    facility that is  owned  or  operated  by  a  unit  of  local
29    government or a public school, college, or university.
30    (Source:  P.A.  91-51,  eff.  6-30-99;  91-200, eff. 7-20-99;
31    91-439, eff.  8-6-99;  91-637,  eff.  8-20-99;  91-644,  eff.
32    8-20-99;  92-16,  eff.  6-28-01;  92-35, eff. 7-1-01; 92-227,
33    eff. 8-2-01; 92-337,  eff.  8-10-01;  92-484,  eff.  8-23-01;
34    92-651, eff. 7-11-02.)
 
SB777 Enrolled             -27-      LRB093 03252 AMC 03269 b
 1        Section 92.  The Service Occupation Tax Act is amended by
 2    changing Section 3-5 as follows:

 3        (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
 4        Sec.  3-5.  Exemptions.   The following tangible personal
 5    property is exempt from the tax imposed by this Act:
 6        (1)  Personal property sold by  a  corporation,  society,
 7    association,  foundation, institution, or organization, other
 8    than a limited  liability  company,  that  is  organized  and
 9    operated  as  a  not-for-profit  service  enterprise  for the
10    benefit of persons 65 years of age or older if  the  personal
11    property  was not purchased by the enterprise for the purpose
12    of resale by the enterprise.
13        (2)  Personal  property  purchased  by  a  not-for-profit
14    Illinois county  fair  association  for  use  in  conducting,
15    operating, or promoting the county fair.
16        (3)  Personal  property  purchased  by any not-for-profit
17    arts or cultural  organization  that  establishes,  by  proof
18    required  by  the Department by rule, that it has received an
19    exemption  under Section 501(c)(3) of  the  Internal  Revenue
20    Code  and  that  is  organized and operated primarily for the
21    presentation or support  of  arts  or  cultural  programming,
22    activities,  or  services.   These organizations include, but
23    are not limited to, music  and  dramatic  arts  organizations
24    such  as  symphony orchestras and theatrical groups, arts and
25    cultural service organizations, local arts  councils,  visual
26    arts  organizations,  and  media  arts  organizations. On and
27    after the effective date of this amendatory Act of  the  92nd
28    General  Assembly,  however, an entity otherwise eligible for
29    this exemption shall not make tax-free  purchases  unless  it
30    has an active identification number issued by the Department.
31        (4)  Legal  tender,  currency,  medallions,  or  gold  or
32    silver   coinage   issued  by  the  State  of  Illinois,  the
33    government of the United States of America, or the government
 
SB777 Enrolled             -28-      LRB093 03252 AMC 03269 b
 1    of any foreign country, and bullion.
 2        (5)  Graphic  arts  machinery  and  equipment,  including
 3    repair  and  replacement  parts,  both  new  and  used,   and
 4    including that manufactured on special order or purchased for
 5    lease,  certified  by  the purchaser to be used primarily for
 6    graphic arts  production.  Equipment  includes  chemicals  or
 7    chemicals  acting  as  catalysts but only if the chemicals or
 8    chemicals acting as catalysts effect a direct  and  immediate
 9    change upon a graphic arts product.
10        (6)  Personal   property   sold  by  a  teacher-sponsored
11    student  organization  affiliated  with  an   elementary   or
12    secondary school located in Illinois.
13        (7)  Farm  machinery  and  equipment,  both new and used,
14    including that manufactured on special  order,  certified  by
15    the purchaser to be used primarily for production agriculture
16    or   State   or   federal  agricultural  programs,  including
17    individual replacement parts for the machinery and equipment,
18    including machinery and equipment purchased  for  lease,  and
19    including implements of husbandry defined in Section 1-130 of
20    the  Illinois  Vehicle  Code, farm machinery and agricultural
21    chemical and fertilizer spreaders, and nurse wagons  required
22    to  be registered under Section 3-809 of the Illinois Vehicle
23    Code, but excluding  other  motor  vehicles  required  to  be
24    registered  under  the  Illinois  Vehicle Code. Horticultural
25    polyhouses or hoop houses used for propagating,  growing,  or
26    overwintering  plants  shall be considered farm machinery and
27    equipment under this item (7). Agricultural  chemical  tender
28    tanks  and dry boxes shall include units sold separately from
29    a motor vehicle  required  to  be  licensed  and  units  sold
30    mounted  on  a  motor  vehicle required to be licensed if the
31    selling price of the tender is separately stated.
32        Farm machinery  and  equipment  shall  include  precision
33    farming  equipment  that  is  installed  or  purchased  to be
34    installed on farm machinery and equipment including, but  not
 
SB777 Enrolled             -29-      LRB093 03252 AMC 03269 b
 1    limited   to,   tractors,   harvesters,  sprayers,  planters,
 2    seeders, or spreaders. Precision farming equipment  includes,
 3    but  is  not  limited  to,  soil  testing sensors, computers,
 4    monitors, software, global positioning and  mapping  systems,
 5    and other such equipment.
 6        Farm  machinery  and  equipment  also includes computers,
 7    sensors, software, and related equipment  used  primarily  in
 8    the  computer-assisted  operation  of  production agriculture
 9    facilities,  equipment,  and  activities  such  as,  but  not
10    limited to, the collection, monitoring,  and  correlation  of
11    animal  and  crop  data for the purpose of formulating animal
12    diets and agricultural chemicals.  This item  (7)  is  exempt
13    from the provisions of Section 3-55.
14        (8)  Fuel  and  petroleum  products sold to or used by an
15    air common carrier, certified by the carrier to be  used  for
16    consumption,  shipment,  or  storage  in  the  conduct of its
17    business as an air common carrier, for a flight destined  for
18    or  returning from a location or locations outside the United
19    States without regard  to  previous  or  subsequent  domestic
20    stopovers.
21        (9)  Proceeds  of  mandatory  service  charges separately
22    stated on customers' bills for the purchase  and  consumption
23    of food and beverages, to the extent that the proceeds of the
24    service  charge  are  in  fact  turned  over  as tips or as a
25    substitute for tips to the employees who participate directly
26    in preparing, serving, hosting or cleaning  up  the  food  or
27    beverage function with respect to which the service charge is
28    imposed.
29        (10)  Oil  field  exploration,  drilling,  and production
30    equipment, including (i) rigs and parts of rigs, rotary rigs,
31    cable tool rigs, and workover rigs,  (ii)  pipe  and  tubular
32    goods,  including  casing  and drill strings, (iii) pumps and
33    pump-jack units, (iv) storage tanks and flow lines,  (v)  any
34    individual   replacement  part  for  oil  field  exploration,
 
SB777 Enrolled             -30-      LRB093 03252 AMC 03269 b
 1    drilling, and production equipment, and  (vi)  machinery  and
 2    equipment  purchased  for lease; but excluding motor vehicles
 3    required to be registered under the Illinois Vehicle Code.
 4        (11)  Photoprocessing machinery and equipment,  including
 5    repair  and  replacement  parts, both new and used, including
 6    that  manufactured  on  special  order,  certified   by   the
 7    purchaser  to  be  used  primarily  for  photoprocessing, and
 8    including photoprocessing machinery and  equipment  purchased
 9    for lease.
10        (12)  Coal   exploration,   mining,  offhighway  hauling,
11    processing, maintenance, and reclamation equipment, including
12    replacement parts  and  equipment,  and  including  equipment
13    purchased for lease, but excluding motor vehicles required to
14    be registered under the Illinois Vehicle Code.
15        (13)  Food  for  human consumption that is to be consumed
16    off the premises where  it  is  sold  (other  than  alcoholic
17    beverages,  soft  drinks  and food that has been prepared for
18    immediate consumption) and prescription and  non-prescription
19    medicines,  drugs,  medical  appliances,  and  insulin, urine
20    testing materials, syringes, and needles used  by  diabetics,
21    for  human  use, when purchased for use by a person receiving
22    medical assistance under Article 5 of the Illinois Public Aid
23    Code who resides in a licensed long-term  care  facility,  as
24    defined in the Nursing Home Care Act.
25        (14)  Semen used for artificial insemination of livestock
26    for direct agricultural production.
27        (15)  Horses, or interests in horses, registered with and
28    meeting  the  requirements  of  any of the Arabian Horse Club
29    Registry of America, Appaloosa Horse Club,  American  Quarter
30    Horse  Association,  United  States  Trotting Association, or
31    Jockey Club, as appropriate, used for purposes of breeding or
32    racing for prizes.
33        (16)  Computers and communications equipment utilized for
34    any hospital purpose and equipment  used  in  the  diagnosis,
 
SB777 Enrolled             -31-      LRB093 03252 AMC 03269 b
 1    analysis,  or treatment of hospital patients sold to a lessor
 2    who leases the equipment, under a lease of one year or longer
 3    executed or in effect at the  time  of  the  purchase,  to  a
 4    hospital  that  has  been  issued  an  active  tax  exemption
 5    identification  number  by the Department under Section 1g of
 6    the Retailers' Occupation Tax Act.
 7        (17)  Personal property sold to a lessor who  leases  the
 8    property,  under a lease of one year or longer executed or in
 9    effect at the time of the purchase, to  a  governmental  body
10    that  has  been issued an active tax exemption identification
11    number by the Department under Section 1g of  the  Retailers'
12    Occupation Tax Act.
13        (18)  Beginning  with  taxable  years  ending on or after
14    December 31, 1995 and ending with taxable years ending on  or
15    before  December  31, 2004, personal property that is donated
16    for disaster relief to  be  used  in  a  State  or  federally
17    declared disaster area in Illinois or bordering Illinois by a
18    manufacturer  or retailer that is registered in this State to
19    a   corporation,   society,   association,   foundation,   or
20    institution that  has  been  issued  a  sales  tax  exemption
21    identification  number by the Department that assists victims
22    of the disaster who reside within the declared disaster area.
23        (19)  Beginning with taxable years  ending  on  or  after
24    December  31, 1995 and ending with taxable years ending on or
25    before December 31, 2004, personal property that is  used  in
26    the  performance  of  infrastructure  repairs  in this State,
27    including but not limited to  municipal  roads  and  streets,
28    access  roads,  bridges,  sidewalks,  waste disposal systems,
29    water and  sewer  line  extensions,  water  distribution  and
30    purification  facilities,  storm water drainage and retention
31    facilities, and sewage treatment facilities, resulting from a
32    State or federally declared disaster in Illinois or bordering
33    Illinois  when  such  repairs  are  initiated  on  facilities
34    located in the declared disaster area within 6  months  after
 
SB777 Enrolled             -32-      LRB093 03252 AMC 03269 b
 1    the disaster.
 2        (20)  Beginning  July 1, 1999, game or game birds sold at
 3    a "game breeding and hunting preserve  area"  or  an  "exotic
 4    game  hunting  area"  as those terms are used in the Wildlife
 5    Code or at a hunting enclosure approved through rules adopted
 6    by the Department of Natural Resources.   This  paragraph  is
 7    exempt from the provisions of Section 3-55.
 8        (21)  A motor vehicle, as that term is defined in Section
 9    1-146  of  the  Illinois  Vehicle  Code, that is donated to a
10    corporation, limited liability company, society, association,
11    foundation,  or  institution  that  is  determined   by   the
12    Department  to  be  organized  and  operated  exclusively for
13    educational purposes.  For purposes  of  this  exemption,  "a
14    corporation, limited liability company, society, association,
15    foundation, or institution organized and operated exclusively
16    for  educational  purposes"  means  all  tax-supported public
17    schools, private schools that offer systematic instruction in
18    useful branches of  learning  by  methods  common  to  public
19    schools  and  that  compare  favorably  in  their  scope  and
20    intensity with the course of study presented in tax-supported
21    schools,  and  vocational  or technical schools or institutes
22    organized and operated exclusively to  provide  a  course  of
23    study  of  not  less  than  6  weeks duration and designed to
24    prepare individuals to follow a trade or to pursue a  manual,
25    technical,  mechanical,  industrial,  business, or commercial
26    occupation.
27        (22)  Beginning  January  1,  2000,   personal  property,
28    including food, purchased through fundraising events for  the
29    benefit  of  a  public  or  private  elementary  or secondary
30    school, a group of those  schools,  or  one  or  more  school
31    districts if the events are sponsored by an entity recognized
32    by  the school district that consists primarily of volunteers
33    and includes parents and teachers  of  the  school  children.
34    This  paragraph  does not apply to fundraising events (i) for
 
SB777 Enrolled             -33-      LRB093 03252 AMC 03269 b
 1    the benefit of private home instruction or (ii) for which the
 2    fundraising entity purchases the personal  property  sold  at
 3    the  events  from  another individual or entity that sold the
 4    property for the purpose of resale by the fundraising  entity
 5    and  that  profits  from  the sale to the fundraising entity.
 6    This paragraph is exempt from the provisions of Section 3-55.
 7        (23)  Beginning January 1, 2000 and through December  31,
 8    2001, new or used automatic vending machines that prepare and
 9    serve  hot  food  and  beverages, including coffee, soup, and
10    other  items,  and  replacement  parts  for  these  machines.
11    Beginning January 1, 2002, machines and  parts  for  machines
12    used  in  commercial,  coin-operated  amusement  and  vending
13    business  if  a  use  or  occupation tax is paid on the gross
14    receipts  derived   from   the   use   of   the   commercial,
15    coin-operated amusement and vending machines.  This paragraph
16    is exempt from the provisions of Section 3-55.
17        (24)  Beginning  on the effective date of this amendatory
18    Act   of   the   92nd   General   Assembly,   computers   and
19    communications equipment utilized for  any  hospital  purpose
20    and  equipment  used in the diagnosis, analysis, or treatment
21    of  hospital  patients  sold  to  a  lessor  who  leases  the
22    equipment, under a lease of one year or longer executed or in
23    effect at the time of the purchase, to a  hospital  that  has
24    been  issued an active tax exemption identification number by
25    the Department under Section 1g of the Retailers'  Occupation
26    Tax  Act.   This  paragraph  is exempt from the provisions of
27    Section 3-55.
28        (25)  Beginning on the effective date of this  amendatory
29    Act of the 92nd General Assembly, personal property sold to a
30    lessor  who leases the property, under a lease of one year or
31    longer executed or in effect at the time of the purchase,  to
32    a  governmental  body  that  has  been  issued  an active tax
33    exemption  identification  number  by  the  Department  under
34    Section 1g  of  the  Retailers'  Occupation  Tax  Act.   This
 
SB777 Enrolled             -34-      LRB093 03252 AMC 03269 b
 1    paragraph is exempt from the provisions of Section 3-55.
 2        (26)  Beginning  on  January  1,  2002, tangible personal
 3    property purchased from an Illinois retailer  by  a  taxpayer
 4    engaged  in centralized purchasing activities in Illinois who
 5    will, upon receipt of the property in  Illinois,  temporarily
 6    store  the  property  in  Illinois  (i)  for  the  purpose of
 7    subsequently transporting it outside this State  for  use  or
 8    consumption  thereafter solely outside this State or (ii) for
 9    the purpose of being processed, fabricated,  or  manufactured
10    into,  attached  to,  or  incorporated  into  other  tangible
11    personal  property  to  be transported outside this State and
12    thereafter used or consumed solely outside this  State.   The
13    Director  of  Revenue  shall,  pursuant  to  rules adopted in
14    accordance with the Illinois  Administrative  Procedure  Act,
15    issue  a  permit  to  any  taxpayer in good standing with the
16    Department who is  eligible  for  the  exemption  under  this
17    paragraph  (26).  The permit issued under this paragraph (26)
18    shall authorize the holder, to the extent and in  the  manner
19    specified  in  the  rules adopted under this Act, to purchase
20    tangible personal property from a retailer  exempt  from  the
21    taxes  imposed  by  this  Act.   Taxpayers shall maintain all
22    necessary books and  records  to  substantiate  the  use  and
23    consumption of all such tangible personal property outside of
24    the State of Illinois.
25        (27)  Beginning  January  1, 2004 and ending December 31,
26    2007,  automated  external  defibrillators  purchased  by   a
27    physical  fitness  facility for the purpose of complying with
28    the Physical Fitness Facility Medical Emergency  Preparedness
29    Act, up to a maximum exemption of $300 per year. For purposes
30    of  this  paragraph  (27),  "physical  fitness  facility"  is
31    defined as in the Physical Fitness Facility Medical Emergency
32    Preparedness  Act,  except that the term does not include any
33    facility that is  owned  or  operated  by  a  unit  of  local
34    government or a public school, college, or university.
 
SB777 Enrolled             -35-      LRB093 03252 AMC 03269 b
 1    (Source: P.A.  91-51,  eff.  6-30-99;  91-200,  eff. 7-20-99;
 2    91-439, eff.  8-6-99;  91-533,  eff.  8-13-99;  91-637,  eff.
 3    8-20-99;  91-644,  eff.  8-20-99; 92-16, eff. 6-28-01; 92-35,
 4    eff. 7-1-01;  92-227,  eff.  8-2-01;  92-337,  eff.  8-10-01;
 5    92-484,  eff.  8-23-01;  92-488,  eff.  8-23-01; 92-651, eff.
 6    7-11-02.)

 7        Section 93.  The Retailers' Occupation Tax Act is amended
 8    by changing Section 2-5 as follows:

 9        (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
10        Sec. 2-5.  Exemptions.  Gross receipts from proceeds from
11    the sale of the  following  tangible  personal  property  are
12    exempt from the tax imposed by this Act:
13        (1)  Farm chemicals.
14        (2)  Farm  machinery  and  equipment,  both new and used,
15    including that manufactured on special  order,  certified  by
16    the purchaser to be used primarily for production agriculture
17    or   State   or   federal  agricultural  programs,  including
18    individual replacement parts for the machinery and equipment,
19    including machinery and equipment purchased  for  lease,  and
20    including implements of husbandry defined in Section 1-130 of
21    the  Illinois  Vehicle  Code, farm machinery and agricultural
22    chemical and fertilizer spreaders, and nurse wagons  required
23    to  be registered under Section 3-809 of the Illinois Vehicle
24    Code, but excluding  other  motor  vehicles  required  to  be
25    registered  under  the  Illinois  Vehicle Code. Horticultural
26    polyhouses or hoop houses used for propagating,  growing,  or
27    overwintering  plants  shall be considered farm machinery and
28    equipment under this item (2). Agricultural  chemical  tender
29    tanks  and dry boxes shall include units sold separately from
30    a motor vehicle  required  to  be  licensed  and  units  sold
31    mounted  on  a  motor vehicle required to be licensed, if the
32    selling price of the tender is separately stated.
 
SB777 Enrolled             -36-      LRB093 03252 AMC 03269 b
 1        Farm machinery  and  equipment  shall  include  precision
 2    farming  equipment  that  is  installed  or  purchased  to be
 3    installed on farm machinery and equipment including, but  not
 4    limited   to,   tractors,   harvesters,  sprayers,  planters,
 5    seeders, or spreaders. Precision farming equipment  includes,
 6    but  is  not  limited  to,  soil  testing sensors, computers,
 7    monitors, software, global positioning and  mapping  systems,
 8    and other such equipment.
 9        Farm  machinery  and  equipment  also includes computers,
10    sensors, software, and related equipment  used  primarily  in
11    the  computer-assisted  operation  of  production agriculture
12    facilities,  equipment,  and  activities  such  as,  but  not
13    limited to, the collection, monitoring,  and  correlation  of
14    animal  and  crop  data for the purpose of formulating animal
15    diets and agricultural chemicals.  This item  (7)  is  exempt
16    from the provisions of Section 2-70.
17        (3)  Distillation machinery and equipment, sold as a unit
18    or  kit, assembled or installed by the retailer, certified by
19    the user to be used only for the production of ethyl  alcohol
20    that  will  be  used  for  consumption  as motor fuel or as a
21    component of motor fuel for the personal use of the user, and
22    not subject to sale or resale.
23        (4)  Graphic  arts  machinery  and  equipment,  including
24    repair  and  replacement  parts,  both  new  and  used,   and
25    including that manufactured on special order or purchased for
26    lease,  certified  by  the purchaser to be used primarily for
27    graphic arts  production.  Equipment  includes  chemicals  or
28    chemicals  acting  as  catalysts but only if the chemicals or
29    chemicals acting as catalysts effect a direct  and  immediate
30    change upon a graphic arts product.
31        (5)  A  motor  vehicle  of  the  first  division, a motor
32    vehicle of the second division that is a self-contained motor
33    vehicle designed or permanently converted to  provide  living
34    quarters  for  recreational,  camping,  or  travel  use, with
 
SB777 Enrolled             -37-      LRB093 03252 AMC 03269 b
 1    direct walk through access to the living  quarters  from  the
 2    driver's seat, or a motor vehicle of the second division that
 3    is  of  the van configuration designed for the transportation
 4    of not less than 7 nor more than 16 passengers, as defined in
 5    Section 1-146 of the Illinois Vehicle Code, that is used  for
 6    automobile  renting,  as  defined  in  the Automobile Renting
 7    Occupation and Use Tax Act.
 8        (6)  Personal  property  sold  by   a   teacher-sponsored
 9    student   organization   affiliated  with  an  elementary  or
10    secondary school located in Illinois.
11        (7)  Proceeds of that portion of the selling price  of  a
12    passenger car the sale of which is subject to the Replacement
13    Vehicle Tax.
14        (8)  Personal  property  sold  to an Illinois county fair
15    association for use in conducting,  operating,  or  promoting
16    the county fair.
17        (9)  Personal  property  sold to a not-for-profit arts or
18    cultural organization that establishes, by proof required  by
19    the  Department  by  rule,  that it has received an exemption
20    under Section 501(c)(3) of the Internal Revenue Code and that
21    is organized and operated primarily for the  presentation  or
22    support  of  arts  or  cultural  programming,  activities, or
23    services.  These organizations include, but are  not  limited
24    to,  music  and  dramatic arts organizations such as symphony
25    orchestras and theatrical groups, arts and  cultural  service
26    organizations,    local    arts    councils,    visual   arts
27    organizations, and media arts organizations. On and after the
28    effective date of this amendatory Act  of  the  92nd  General
29    Assembly,  however,  an  entity  otherwise  eligible for this
30    exemption shall not make tax-free purchases unless it has  an
31    active identification number issued by the Department.
32        (10)  Personal  property  sold by a corporation, society,
33    association, foundation, institution, or organization,  other
34    than  a  limited  liability  company,  that  is organized and
 
SB777 Enrolled             -38-      LRB093 03252 AMC 03269 b
 1    operated as  a  not-for-profit  service  enterprise  for  the
 2    benefit  of  persons 65 years of age or older if the personal
 3    property was not purchased by the enterprise for the  purpose
 4    of resale by the enterprise.
 5        (11)  Personal property sold to a governmental body, to a
 6    corporation, society, association, foundation, or institution
 7    organized and operated exclusively for charitable, religious,
 8    or  educational purposes, or to a not-for-profit corporation,
 9    society,    association,    foundation,    institution,    or
10    organization that has no compensated  officers  or  employees
11    and   that  is  organized  and  operated  primarily  for  the
12    recreation of persons 55 years of age  or  older.  A  limited
13    liability  company  may  qualify for the exemption under this
14    paragraph only if the limited liability company is  organized
15    and  operated  exclusively  for  educational purposes. On and
16    after July 1, 1987, however, no entity otherwise eligible for
17    this exemption shall make tax-free purchases unless it has an
18    active identification number issued by the Department.
19        (12)  Personal property sold to interstate  carriers  for
20    hire  for  use as rolling stock moving in interstate commerce
21    or to lessors under leases of one year or longer executed  or
22    in  effect at the time of purchase by interstate carriers for
23    hire for use as rolling stock moving in  interstate  commerce
24    and  equipment  operated  by  a  telecommunications provider,
25    licensed as a common carrier by  the  Federal  Communications
26    Commission,  which  is permanently installed in or affixed to
27    aircraft moving in interstate commerce.
28        (13)  Proceeds from sales to owners, lessors, or shippers
29    of tangible personal property that is utilized by  interstate
30    carriers  for  hire  for  use  as  rolling  stock  moving  in
31    interstate    commerce    and   equipment   operated   by   a
32    telecommunications provider, licensed as a common carrier  by
33    the  Federal  Communications Commission, which is permanently
34    installed in or affixed  to  aircraft  moving  in  interstate
 
SB777 Enrolled             -39-      LRB093 03252 AMC 03269 b
 1    commerce.
 2        (14)  Machinery  and  equipment  that will be used by the
 3    purchaser, or a lessee of the  purchaser,  primarily  in  the
 4    process  of  manufacturing  or  assembling  tangible personal
 5    property for wholesale or retail sale or lease,  whether  the
 6    sale or lease is made directly by the manufacturer or by some
 7    other  person,  whether the materials used in the process are
 8    owned by the manufacturer or some other  person,  or  whether
 9    the sale or lease is made apart from or as an incident to the
10    seller's  engaging  in  the  service  occupation of producing
11    machines, tools,  dies,  jigs,  patterns,  gauges,  or  other
12    similar  items  of no commercial value on special order for a
13    particular purchaser.
14        (15)  Proceeds of mandatory  service  charges  separately
15    stated  on  customers'  bills for purchase and consumption of
16    food and beverages, to the extent that the  proceeds  of  the
17    service  charge  are  in  fact  turned  over  as tips or as a
18    substitute for tips to the employees who participate directly
19    in preparing, serving, hosting or cleaning  up  the  food  or
20    beverage function with respect to which the service charge is
21    imposed.
22        (16)  Petroleum  products  sold  to  a  purchaser  if the
23    seller is prohibited by federal law from charging tax to  the
24    purchaser.
25        (17)  Tangible personal property sold to a common carrier
26    by rail or motor that receives the physical possession of the
27    property  in  Illinois  and  that transports the property, or
28    shares with another common carrier in the  transportation  of
29    the  property,  out of Illinois on a standard uniform bill of
30    lading showing the seller of the property as the  shipper  or
31    consignor  of the property to a destination outside Illinois,
32    for use outside Illinois.
33        (18)  Legal tender,  currency,  medallions,  or  gold  or
34    silver   coinage   issued  by  the  State  of  Illinois,  the
 
SB777 Enrolled             -40-      LRB093 03252 AMC 03269 b
 1    government of the United States of America, or the government
 2    of any foreign country, and bullion.
 3        (19)  Oil field  exploration,  drilling,  and  production
 4    equipment, including (i) rigs and parts of rigs, rotary rigs,
 5    cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
 6    goods, including casing and drill strings,  (iii)  pumps  and
 7    pump-jack  units,  (iv) storage tanks and flow lines, (v) any
 8    individual  replacement  part  for  oil  field   exploration,
 9    drilling,  and  production  equipment, and (vi) machinery and
10    equipment purchased for lease; but excluding  motor  vehicles
11    required to be registered under the Illinois Vehicle Code.
12        (20)  Photoprocessing  machinery and equipment, including
13    repair and replacement parts, both new  and  used,  including
14    that   manufactured   on  special  order,  certified  by  the
15    purchaser to  be  used  primarily  for  photoprocessing,  and
16    including  photoprocessing  machinery and equipment purchased
17    for lease.
18        (21)  Coal  exploration,  mining,   offhighway   hauling,
19    processing, maintenance, and reclamation equipment, including
20    replacement  parts  and  equipment,  and  including equipment
21    purchased for lease, but excluding motor vehicles required to
22    be registered under the Illinois Vehicle Code.
23        (22)  Fuel and petroleum products sold to or used  by  an
24    air  carrier,  certified  by  the  carrier  to  be  used  for
25    consumption,  shipment,  or  storage  in  the  conduct of its
26    business as an air common carrier, for a flight destined  for
27    or  returning from a location or locations outside the United
28    States without regard  to  previous  or  subsequent  domestic
29    stopovers.
30        (23)  A  transaction  in  which  the  purchase  order  is
31    received  by  a  florist who is located outside Illinois, but
32    who has a florist located in Illinois deliver the property to
33    the purchaser or the purchaser's donee in Illinois.
34        (24)  Fuel consumed or used in the  operation  of  ships,
 
SB777 Enrolled             -41-      LRB093 03252 AMC 03269 b
 1    barges,  or  vessels  that  are  used primarily in or for the
 2    transportation of property or the conveyance of  persons  for
 3    hire  on  rivers  bordering  on  this  State  if  the fuel is
 4    delivered by the seller to the purchaser's  barge,  ship,  or
 5    vessel while it is afloat upon that bordering river.
 6        (25)  A motor vehicle sold in this State to a nonresident
 7    even though the motor vehicle is delivered to the nonresident
 8    in  this  State,  if the motor vehicle is not to be titled in
 9    this State, and if a drive-away permit is issued to the motor
10    vehicle as provided in Section 3-603 of the Illinois  Vehicle
11    Code or if the nonresident purchaser has vehicle registration
12    plates to transfer to the motor vehicle upon returning to his
13    or  her home state.  The issuance of the drive-away permit or
14    having the out-of-state registration plates to be transferred
15    is prima facie evidence that the motor vehicle  will  not  be
16    titled in this State.
17        (26)  Semen used for artificial insemination of livestock
18    for direct agricultural production.
19        (27)  Horses, or interests in horses, registered with and
20    meeting  the  requirements  of  any of the Arabian Horse Club
21    Registry of America, Appaloosa Horse Club,  American  Quarter
22    Horse  Association,  United  States  Trotting Association, or
23    Jockey Club, as appropriate, used for purposes of breeding or
24    racing for prizes.
25        (28)  Computers and communications equipment utilized for
26    any hospital purpose and equipment  used  in  the  diagnosis,
27    analysis,  or treatment of hospital patients sold to a lessor
28    who leases the equipment, under a lease of one year or longer
29    executed or in effect at the  time  of  the  purchase,  to  a
30    hospital  that  has  been  issued  an  active  tax  exemption
31    identification  number  by the Department under Section 1g of
32    this Act.
33        (29)  Personal property sold to a lessor who  leases  the
34    property,  under a lease of one year or longer executed or in
 
SB777 Enrolled             -42-      LRB093 03252 AMC 03269 b
 1    effect at the time of the purchase, to  a  governmental  body
 2    that  has  been issued an active tax exemption identification
 3    number by the Department under Section 1g of this Act.
 4        (30)  Beginning with taxable years  ending  on  or  after
 5    December  31, 1995 and ending with taxable years ending on or
 6    before December 31, 2004, personal property that  is  donated
 7    for  disaster  relief  to  be  used  in  a State or federally
 8    declared disaster area in Illinois or bordering Illinois by a
 9    manufacturer or retailer that is registered in this State  to
10    a   corporation,   society,   association,   foundation,   or
11    institution  that  has  been  issued  a  sales  tax exemption
12    identification number by the Department that assists  victims
13    of the disaster who reside within the declared disaster area.
14        (31)  Beginning  with  taxable  years  ending on or after
15    December 31, 1995 and ending with taxable years ending on  or
16    before  December  31, 2004, personal property that is used in
17    the performance of  infrastructure  repairs  in  this  State,
18    including  but  not  limited  to municipal roads and streets,
19    access roads, bridges,  sidewalks,  waste  disposal  systems,
20    water  and  sewer  line  extensions,  water  distribution and
21    purification facilities, storm water drainage  and  retention
22    facilities, and sewage treatment facilities, resulting from a
23    State or federally declared disaster in Illinois or bordering
24    Illinois  when  such  repairs  are  initiated  on  facilities
25    located  in  the declared disaster area within 6 months after
26    the disaster.
27        (32)  Beginning July 1, 1999, game or game birds sold  at
28    a  "game  breeding  and  hunting preserve area" or an "exotic
29    game hunting area" as those terms are used  in  the  Wildlife
30    Code or at a hunting enclosure approved through rules adopted
31    by  the  Department  of Natural Resources.  This paragraph is
32    exempt from the provisions of Section 2-70.
33        (33)  A motor vehicle, as that term is defined in Section
34    1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
 
SB777 Enrolled             -43-      LRB093 03252 AMC 03269 b
 1    corporation, limited liability company, society, association,
 2    foundation,   or   institution  that  is  determined  by  the
 3    Department to  be  organized  and  operated  exclusively  for
 4    educational  purposes.   For  purposes  of this exemption, "a
 5    corporation, limited liability company, society, association,
 6    foundation, or institution organized and operated exclusively
 7    for educational  purposes"  means  all  tax-supported  public
 8    schools, private schools that offer systematic instruction in
 9    useful  branches  of  learning  by  methods  common to public
10    schools  and  that  compare  favorably  in  their  scope  and
11    intensity with the course of study presented in tax-supported
12    schools, and vocational or technical  schools  or  institutes
13    organized  and  operated  exclusively  to provide a course of
14    study of not less than  6  weeks  duration  and  designed  to
15    prepare  individuals to follow a trade or to pursue a manual,
16    technical, mechanical, industrial,  business,  or  commercial
17    occupation.
18        (34)  Beginning   January  1,  2000,  personal  property,
19    including food, purchased through fundraising events for  the
20    benefit  of  a  public  or  private  elementary  or secondary
21    school, a group of those  schools,  or  one  or  more  school
22    districts if the events are sponsored by an entity recognized
23    by  the school district that consists primarily of volunteers
24    and includes parents and teachers  of  the  school  children.
25    This  paragraph  does not apply to fundraising events (i) for
26    the benefit of private home instruction or (ii) for which the
27    fundraising entity purchases the personal  property  sold  at
28    the  events  from  another individual or entity that sold the
29    property for the purpose of resale by the fundraising  entity
30    and  that  profits  from  the sale to the fundraising entity.
31    This paragraph is exempt from the provisions of Section 2-70.
32        (35)  Beginning January 1, 2000 and through December  31,
33    2001, new or used automatic vending machines that prepare and
34    serve  hot  food  and  beverages, including coffee, soup, and
 
SB777 Enrolled             -44-      LRB093 03252 AMC 03269 b
 1    other  items,  and  replacement  parts  for  these  machines.
 2    Beginning January 1, 2002, machines and  parts  for  machines
 3    used  in  commercial,  coin-operated  amusement  and  vending
 4    business  if  a  use  or  occupation tax is paid on the gross
 5    receipts  derived   from   the   use   of   the   commercial,
 6    coin-operated amusement and vending machines.  This paragraph
 7    is exempt from the provisions of Section 2-70.
 8        (35-5)  (36)  Food  for  human  consumption that is to be
 9    consumed off the  premises  where  it  is  sold  (other  than
10    alcoholic  beverages,  soft  drinks,  and  food that has been
11    prepared for  immediate  consumption)  and  prescription  and
12    nonprescription  medicines,  drugs,  medical  appliances, and
13    insulin, urine testing materials, syringes, and needles  used
14    by  diabetics,  for  human  use,  when purchased for use by a
15    person receiving medical assistance under Article  5  of  the
16    Illinois  Public Aid Code who resides in a licensed long-term
17    care facility, as defined in the Nursing Home Care Act.
18        (36)  Beginning August 2, 2001 on the effective  date  of
19    this  amendatory  Act of the 92nd General Assembly, computers
20    and  communications  equipment  utilized  for  any   hospital
21    purpose  and  equipment  used  in the diagnosis, analysis, or
22    treatment of hospital patients sold to a  lessor  who  leases
23    the  equipment,  under a lease of one year or longer executed
24    or in effect at the time of the purchase, to a hospital  that
25    has been issued an active tax exemption identification number
26    by  the  Department  under  Section  1g  of  this  Act.  This
27    paragraph is exempt from the provisions of Section 2-70.
28        (37)  Beginning August 2, 2001 on the effective  date  of
29    this  amendatory  Act  of the 92nd General Assembly, personal
30    property sold to a lessor who leases the  property,  under  a
31    lease of one year or longer executed or in effect at the time
32    of  the purchase, to a governmental body that has been issued
33    an  active  tax  exemption  identification  number   by   the
34    Department  under  Section 1g of this Act.  This paragraph is
 
SB777 Enrolled             -45-      LRB093 03252 AMC 03269 b
 1    exempt from the provisions of Section 2-70.
 2        (38)  Beginning on January  1,  2002,  tangible  personal
 3    property  purchased  from  an Illinois retailer by a taxpayer
 4    engaged in centralized purchasing activities in Illinois  who
 5    will,  upon  receipt of the property in Illinois, temporarily
 6    store the  property  in  Illinois  (i)  for  the  purpose  of
 7    subsequently  transporting  it  outside this State for use or
 8    consumption thereafter solely outside this State or (ii)  for
 9    the  purpose  of being processed, fabricated, or manufactured
10    into,  attached  to,  or  incorporated  into  other  tangible
11    personal property to be transported outside  this  State  and
12    thereafter  used  or consumed solely outside this State.  The
13    Director of Revenue  shall,  pursuant  to  rules  adopted  in
14    accordance  with  the  Illinois Administrative Procedure Act,
15    issue a permit to any taxpayer  in  good  standing  with  the
16    Department  who  is  eligible  for  the  exemption under this
17    paragraph (38).  The permit issued under this paragraph  (38)
18    shall  authorize  the holder, to the extent and in the manner
19    specified in the rules adopted under this  Act,  to  purchase
20    tangible  personal  property  from a retailer exempt from the
21    taxes imposed by this  Act.   Taxpayers  shall  maintain  all
22    necessary  books  and  records  to  substantiate  the use and
23    consumption of all such tangible personal property outside of
24    the State of Illinois.
25        (39)  Beginning January 1, 2004 and ending  December  31,
26    2007,   automated  external  defibrillators  purchased  by  a
27    physical fitness facility for the purpose of  complying  with
28    the  Physical Fitness Facility Medical Emergency Preparedness
29    Act, up to  a  maximum  exemption  of  $300  per  year.   For
30    purposes  of this paragraph (39), "physical fitness facility"
31    is defined  as  in  the  Physical  Fitness  Facility  Medical
32    Emergency  Preparedness  Act,  except  that the term does not
33    include any facility that is owned or operated by a  unit  of
34    local government or a public school, college, or university.
 
SB777 Enrolled             -46-      LRB093 03252 AMC 03269 b
 1    (Source: P.A.  91-51,  eff.  6-30-99;  91-200,  eff. 7-20-99;
 2    91-439, eff.  8-6-99;  91-533,  eff.  8-13-99;  91-637,  eff.
 3    8-20-99;  91-644,  eff. 8-20-99;  92-16, eff. 6-28-01; 92-35,
 4    eff. 7-1-01;  92-227,  eff.  8-2-01;  92-337,  eff.  8-10-01;
 5    92-484,  eff.  8-23-01;  92-488,  eff.  8-23-01; 92-651, eff.
 6    7-11-02; 92-680, eff. 7-16-02; revised 1-26-03.)

 7        Section 95.  The Automated External Defibrillator Act  is
 8    amended by changing Section 30 as follows:

 9        (410 ILCS 4/30)
10        Sec. 30. Exemption from civil liability.
11        (a)  A   physician   licensed  in  Illinois  to  practice
12    medicine in all its branches who authorizes the  purchase  of
13    an  automated  external defibrillator is not liable for civil
14    damages as a result of any act or  omission  arising  out  of
15    authorizing   the   purchase   of   an   automated   external
16    defibrillator,  except  for  willful or wanton misconduct, if
17    the requirements of this Act are met.
18        (b)  An individual or entity providing  training  in  the
19    use  of  automated  external defibrillators is not liable for
20    civil damages as a result of any act  or  omission  involving
21    the  use  of  an automated external defibrillator, except for
22    willful or wanton misconduct, if the requirements of this Act
23    are met.
24        (c)  A person, unit of  State  or  local  government,  or
25    school  district  owning, occupying, or managing the premises
26    where an automated external defibrillator is located  is  not
27    liable  for  civil damages as a result of any act or omission
28    involving the use of  an  automated  external  defibrillator,
29    except  for willful or wanton misconduct, if the requirements
30    of this Act are met.
31        (d)  An A trained  AED  user  is  not  liable  for  civil
32    damages  as a result of any act or omission involving the use
 
SB777 Enrolled             -47-      LRB093 03252 AMC 03269 b
 1    of  an  automated  external  defibrillator  in  an  emergency
 2    situation, except for willful or wanton  misconduct,  if  the
 3    requirements of this Act are met.
 4        (e)  This Section does not apply to a public hospital.
 5    (Source: P.A. 91-524, eff. 1-1-00.)