Illinois General Assembly - Full Text of SB0843
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Full Text of SB0843  93rd General Assembly

SB0843ham004 93rd General Assembly


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                                     LRB093 02925 MKM 16261 a

 1                    AMENDMENT TO SENATE BILL 843

 2        AMENDMENT NO.     .  Amend Senate Bill 843  by  replacing
 3    the title with the following:
 4        "AN ACT concerning local government."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The  Counties  Code  is  amended  by  adding
 8    Section 5-1014.3 as follows:

 9        (55 ILCS 5/5-1014.3 new)
10        Sec.  5-1014.3.  Agreements to share or rebate occupation
11    taxes. On and after June 1, 2003, neither a county board  nor
12    a  retailer shall enter into any agreement to share or rebate
13    any portion  of  retailers'  occupation  taxes  generated  by
14    retail sales of tangible personal property if: (1) the tax on
15    those  retail  sales,  absent  the agreement, would have been
16    paid to  another  unit  of  local  government;  and  (2)  the
17    retailer   maintains,   within   that  other  unit  of  local
18    government,  a  retail  location  from  which  the   tangible
19    personal  property is delivered to purchasers, or a warehouse
20    from which the tangible personal  property  is  delivered  to
21    purchasers.  Any  unit  of local government denied retailers'
 
                            -2-      LRB093 02925 MKM 16261 a
 1    occupation tax revenue because of an agreement that  violates
 2    this  Section may file an action in circuit court against the
 3    county, against the retailer, or both. Any agreement  entered
 4    into prior to June 1, 2003 is not affected by this amendatory
 5    Act   of  the  93rd  General  Assembly.  Any  unit  of  local
 6    government that prevails  in  the  circuit  court  action  is
 7    entitled  to  damages in the amount of the tax revenue it was
 8    denied as a result  of  the  agreement,  statutory  interest,
 9    costs, reasonable attorney's fees, and an amount equal to 50%
10    of the tax.

11        Section  10.  The  Illinois  Municipal Code is amended by
12    adding Section 8-11-21 as follows:

13        (65 ILCS 5/8-11-21 new)
14        Sec. 8-11-21. Agreements to share  or  rebate  occupation
15    taxes.  On  and  after  June  1,  2003, neither the corporate
16    authorities of a municipality nor a retailer shall enter into
17    any agreement to share or rebate any  portion  of  retailers'
18    occupation  taxes  generated  by  retail  sales  of  tangible
19    personal  property  if:  (1)  the  tax on those retail sales,
20    absent the agreement, would have been paid to another unit of
21    local government; and (2) the retailer maintains, within that
22    other unit of local government, a retail location from  which
23    the tangible personal property is delivered to purchasers, or
24    a  warehouse  from  which  the  tangible personal property is
25    delivered to purchasers. Any unit of local government  denied
26    retailers'  occupation  tax  revenue  because of an agreement
27    that violates this Section may  file  an  action  in  circuit
28    court  against  the  municipality,  against  the retailer, or
29    both. Any agreement entered into prior to June 1, 2003 is not
30    affected by this amendatory Act of the 93rd General Assembly.
31    Any unit of local government that  prevails  in  the  circuit
32    court  action is entitled to damages in the amount of the tax
 
                            -3-      LRB093 02925 MKM 16261 a
 1    revenue it was denied as a result of the agreement, statutory
 2    interest, costs, reasonable attorney's fees,  and  an  amount
 3    equal to 50% of the tax.

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