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91_SB0874
LRB9105975JSpc
1 AN ACT to create the Residential Consumer Advocacy Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Residential Consumer Advocacy Act.
6 Section 5. Definitions. As used in this Act:
7 "CUB" means the Citizens Utility Board created under the
8 Citizens Utility Board Act.
9 "Department" means the Department of Commerce and
10 Community Affairs.
11 Section 10. Residential Consumer Advocacy Fund. The
12 Residential Consumer Advocacy Fund is established as a
13 special fund in the State treasury. Pursuant to
14 appropriation, all moneys appropriated from the Fund shall be
15 disbursed by the Department to CUB. The moneys shall be used
16 by CUB only to carry out its statutory duties, specifically,
17 participation in regulatory proceedings, public information
18 and education activities, and assistance and advice to
19 individual utility consumers. The moneys may not be used for
20 lobbying activities. Moneys remaining in the Fund at the end
21 of the fiscal year shall remain in the Fund. Interest earned
22 on the moneys in the Fund shall be credited to the Fund.
23 CUB shall be deemed a "private agency" as defined in
24 Section 1-9 of the Illinois State Auditing Act with respect
25 to moneys received from this Fund.
26 Section 15. Administration. The Department of Commerce
27 and Community Affairs may adopt rules as necessary to
28 administer this Act.
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1 Section 75. Repeal. This Act is repealed January 1,
2 2006.
3 Section 90. The Illinois State Auditing Act is amended
4 by changing Section 3-1 as follows:
5 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
6 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
7 General has jurisdiction over all State agencies to make post
8 audits and investigations authorized by or under this Act or
9 the Constitution.
10 The Auditor General has jurisdiction over local
11 government agencies and private agencies only:
12 (a) to make such post audits authorized by or under
13 this Act as are necessary and incidental to a post audit
14 of a State agency or of a program administered by a State
15 agency involving public funds of the State, but this
16 jurisdiction does not include any authority to review
17 local governmental agencies in the obligation, receipt,
18 expenditure or use of public funds of the State that are
19 granted without limitation or condition imposed by law,
20 other than the general limitation that such funds be used
21 for public purposes;
22 (b) to make investigations authorized by or under
23 this Act or the Constitution; and
24 (c) to make audits of the records of local
25 government agencies to verify actual costs of
26 state-mandated programs when directed to do so by the
27 Legislative Audit Commission at the request of the State
28 Board of Appeals under the State Mandates Act.
29 In addition to the foregoing, the Auditor General may
30 conduct an audit of the Metropolitan Pier and Exposition
31 Authority, the Regional Transportation Authority, the
32 Suburban Bus Division, the Commuter Rail Division and the
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1 Chicago Transit Authority and any other subsidized carrier
2 when authorized by the Legislative Audit Commission. Such
3 audit may be a financial, management or program audit, or any
4 combination thereof.
5 The audit shall determine whether they are operating in
6 accordance with all applicable laws and regulations. Subject
7 to the limitations of this Act, the Legislative Audit
8 Commission may by resolution specify additional
9 determinations to be included in the scope of the audit.
10 The Auditor General may also conduct an audit, when
11 authorized by the Legislative Audit Commission, of any
12 hospital which receives 10% or more of its gross revenues
13 from payments from the State of Illinois, Department of
14 Public Aid, Medical Assistance Program.
15 The Auditor General is authorized to conduct financial
16 and compliance audits of the Illinois Distance Learning
17 Foundation and the Illinois Conservation Foundation.
18 As soon as practical after the effective date of this
19 amendatory Act of 1995, the Auditor General shall conduct a
20 compliance and management audit of the City of Chicago and
21 any other entity with regard to the operation of Chicago
22 O'Hare International Airport, Chicago Midway Airport and
23 Merrill C. Meigs Field. The audit shall include, but not be
24 limited to, an examination of revenues, expenses, and
25 transfers of funds; purchasing and contracting policies and
26 practices; staffing levels; and hiring practices and
27 procedures. When completed, the audit required by this
28 paragraph shall be distributed in accordance with Section
29 3-14.
30 The Auditor General shall conduct a financial and
31 compliance and program audit of distributions from the
32 Municipal Economic Development Fund during the immediately
33 preceding calendar year pursuant to Section 8-403.1 of the
34 Public Utilities Act at no cost to the city, village, or
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1 incorporated town that received the distributions.
2 Once every 2 years, the Auditor General shall conduct a
3 post audit of the expenditures by the Citizens Utility Board
4 of funds paid to it from the Residential Consumer Advocacy
5 Fund pursuant to the Residential Consumer Advocacy Act. Each
6 audit shall cover all expenditures subsequent to the previous
7 audit.
8 (Source: P.A. 89-386, eff. 8-18-95; 90-813, eff. 1-29-99.)
9 Section 92. The State Finance Act is amended by adding
10 Section 5.490 as follows:
11 (30 ILCS 105/5.490 new)
12 Sec. 5.490. The Residential Consumer Advocacy Fund.
13 Section 94. The Gas Revenue Tax Act is amended by
14 changing Section 3 as follows:
15 (35 ILCS 615/3) (from Ch. 120, par. 467.18)
16 Sec. 3. Except as provided in this Section, on or before
17 the 15th day of each month, each taxpayer shall make a return
18 to the Department for the preceding calendar month, stating:
19 1. His name;
20 2. The address of his principal place of business,
21 and the address of the principal place of business (if
22 that is a different address) from which he engages in the
23 business of distributing, supplying, furnishing or
24 selling gas in this State;
25 3. The total number of therms for which payment was
26 received by him from customers during the preceding
27 calendar month and upon the basis of which the tax is
28 imposed;
29 4. Gross receipts which were received by him from
30 customers during the preceding calendar month from such
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1 business, including budget plan and other customer-owned
2 amounts applied during such month in payment of charges
3 includible in gross receipts, and upon the basis of
4 which the tax is imposed;
5 5. Amount of tax (computed upon Items 3 and 4);
6 6. Such other reasonable information as the
7 Department may require.
8 In making such return the taxpayer may use any reasonable
9 method to derive reportable "therms" and "gross receipts"
10 from his billing and payment records.
11 Any taxpayer required to make payments under this Section
12 may make the payments by electronic funds transfer. The
13 Department shall adopt rules necessary to effectuate a
14 program of electronic funds transfer.
15 If the taxpayer's average monthly tax liability to the
16 Department does not exceed $100.00, the Department may
17 authorize his returns to be filed on a quarter annual basis,
18 with the return for January, February and March of a given
19 year being due by April 30 of such year; with the return for
20 April, May and June of a given year being due by July 31 of
21 such year; with the return for July, August and September of
22 a given year being due by October 31 of such year, and with
23 the return for October, November and December of a given year
24 being due by January 31 of the following year.
25 If the taxpayer's average monthly tax liability to the
26 Department does not exceed $20.00, the Department may
27 authorize his returns to be filed on an annual basis, with
28 the return for a given year being due by January 31 of the
29 following year.
30 Such quarter annual and annual returns, as to form and
31 substance, shall be subject to the same requirements as
32 monthly returns.
33 Notwithstanding any other provision in this Act
34 concerning the time within which a taxpayer may file his
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1 return, in the case of any taxpayer who ceases to engage in a
2 kind of business which makes him responsible for filing
3 returns under this Act, such taxpayer shall file a final
4 return under this Act with the Department not more than one
5 month after discontinuing such business.
6 In making such return the taxpayer shall determine the
7 value of any reportable consideration other than money
8 received by him and shall include such value in his return.
9 Such determination shall be subject to review and revision by
10 the Department in the same manner as is provided in this Act
11 for the correction of returns.
12 Each taxpayer whose average monthly liability to the
13 Department under this Act was $10,000 or more during the
14 preceding calendar year, excluding the month of highest
15 liability and the month of lowest liability in such calendar
16 year, and who is not operated by a unit of local government,
17 shall make estimated payments to the Department on or before
18 the 7th, 15th, 22nd and last day of the month during which
19 tax liability to the Department is incurred in an amount not
20 less than the lower of either 22.5% of the taxpayer's actual
21 tax liability for the month or 25% of the taxpayer's actual
22 tax liability for the same calendar month of the preceding
23 year. The amount of such quarter monthly payments shall be
24 credited against the final tax liability of the taxpayer's
25 return for that month. Any outstanding credit, approved by
26 the Department, arising from the taxpayer's overpayment of
27 its final tax liability for any month may be applied to
28 reduce the amount of any subsequent quarter monthly payment
29 or credited against the final tax liability of the taxpayer's
30 return for any subsequent month. If any quarter monthly
31 payment is not paid at the time or in the amount required by
32 this Section, the taxpayer shall be liable for penalty and
33 interest on the difference between the minimum amount due as
34 a payment and the amount of such payment actually and timely
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1 paid, except insofar as the taxpayer has previously made
2 payments for that month to the Department in excess of the
3 minimum payments previously due.
4 If the Director finds that the information required for
5 the making of an accurate return cannot reasonably be
6 compiled by a taxpayer within 15 days after the close of the
7 calendar month for which a return is to be made, he may grant
8 an extension of time for the filing of such return for a
9 period of not to exceed 31 calendar days. The granting of
10 such an extension may be conditioned upon the deposit by the
11 taxpayer with the Department of an amount of money not
12 exceeding the amount estimated by the Director to be due with
13 the return so extended. All such deposits, including any
14 made before the effective date of this amendatory Act of 1975
15 with the Department, shall be credited against the taxpayer's
16 liabilities under this Act. If any such deposit exceeds the
17 taxpayer's present and probable future liabilities under this
18 Act, the Department shall issue to the taxpayer a credit
19 memorandum, which may be assigned by the taxpayer to a
20 similar taxpayer under this Act, in accordance with
21 reasonable rules and regulations to be prescribed by the
22 Department.
23 The taxpayer making the return provided for in this
24 Section shall, at the time of making such return, pay to the
25 Department the amount of tax imposed by this Act. Of the All
26 moneys received by the Department under this Act before
27 January 1, 2006, 0.15% thereof shall be paid into the
28 Residential Consumer Advocacy Fund and the remainder shall be
29 paid into the General Revenue Fund in the State Treasury,
30 except as otherwise provided.
31 (Source: P.A. 90-16, eff. 6-16-97.)
32 Section 96. The Telecommunications Excise Tax Act is
33 amended by changing Sections 1 and 6 as follows:
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1 (35 ILCS 630/1) (from Ch. 120, par. 2001)
2 Sec. 1. This Article shall be known and may be cited as
3 the "Telecommunications Excise Tax Act". The net proceeds
4 from the taxes imposed by this Act shall be used for the
5 support of the Residential Consumer Advocacy Fund, General
6 Revenue Fund, and education.
7 (Source: P.A. 84-126.)
8 (35 ILCS 630/6) (from Ch. 120, par. 2006)
9 Sec. 6. Except as provided hereinafter in this Section,
10 on or before the 15th day of each month each retailer
11 maintaining a place of business in this State shall make a
12 return to the Department for the preceding calendar month,
13 stating:
14 1. His name;
15 2. The address of his principal place of business,
16 and the address of the principal place of business (if
17 that is a different address) from which he engages in the
18 business of transmitting telecommunications;
19 3. Total amount of gross charges billed by him
20 during the preceding calendar month for providing
21 telecommunications during such calendar month;
22 4. Total amount received by him during the
23 preceding calendar month on credit extended;
24 5. Deductions allowed by law;
25 6. Gross charges which were billed by him during
26 the preceding calendar month and upon the basis of which
27 the tax is imposed;
28 7. Amount of tax (computed upon Item 6);
29 8. Such other reasonable information as the
30 Department may require.
31 Any taxpayer required to make payments under this Section
32 may make the payments by electronic funds transfer. The
33 Department shall adopt rules necessary to effectuate a
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1 program of electronic funds transfer.
2 If the retailer's average monthly tax billings due to the
3 Department do not exceed $100, the Department may authorize
4 his returns to be filed on a quarter annual basis, with the
5 return for January, February and March of a given year being
6 due by April 15 of such year; with the return for April, May
7 and June of a given year being due by July 15 of such year;
8 with the return for July, August and September of a given
9 year being due by October 15 of such year; and with the
10 return of October, November and December of a given year
11 being due by January 15 of the following year.
12 Notwithstanding any other provision of this Article
13 containing the time within which a retailer may file his
14 return, in the case of any retailer who ceases to engage in a
15 kind of business which makes him responsible for filing
16 returns under this Article, such retailer shall file a final
17 return under this Article with the Department not more than
18 one month after discontinuing such business.
19 In making such return, the retailer shall determine the
20 value of any consideration other than money received by him
21 and he shall include such value in his return. Such
22 determination shall be subject to review and revision by the
23 Department in the manner hereinafter provided for the
24 correction of returns.
25 Each retailer whose average monthly liability to the
26 Department under this Article was $10,000 or more during the
27 preceding calendar year, excluding the month of highest
28 liability and the month of lowest liability in such calendar
29 year, and who is not operated by a unit of local government,
30 shall make estimated payments to the Department on or before
31 the 7th, 15th, 22nd and last day of the month during which
32 tax collection liability to the Department is incurred in an
33 amount not less than the lower of either 22.5% of the
34 retailer's actual tax collections for the month or 25% of the
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1 retailer's actual tax collections for the same calendar month
2 of the preceding year. The amount of such quarter monthly
3 payments shall be credited against the final liability of the
4 retailer's return for that month. Any outstanding credit,
5 approved by the Department, arising from the retailer's
6 overpayment of its final liability for any month may be
7 applied to reduce the amount of any subsequent quarter
8 monthly payment or credited against the final liability of
9 the retailer's return for any subsequent month. If any
10 quarter monthly payment is not paid at the time or in the
11 amount required by this Section, the retailer shall be liable
12 for penalty and interest on the difference between the
13 minimum amount due as a payment and the amount of such
14 payment actually and timely paid, except insofar as the
15 retailer has previously made payments for that month to the
16 Department in excess of the minimum payments previously due.
17 If the Director finds that the information required for
18 the making of an accurate return cannot reasonably be
19 compiled by a retailer within 15 days after the close of the
20 calendar month for which a return is to be made, he may grant
21 an extension of time for the filing of such return for a
22 period of not to exceed 31 calendar days. The granting of
23 such an extension may be conditioned upon the deposit by the
24 retailer with the Department of an amount of money not
25 exceeding the amount estimated by the Director to be due with
26 the return so extended. All such deposits, including any
27 heretofore made with the Department, shall be credited
28 against the retailer's liabilities under this Article. If
29 any such deposit exceeds the retailer's present and probable
30 future liabilities under this Article, the Department shall
31 issue to the retailer a credit memorandum, which may be
32 assigned by the retailer to a similar retailer under this
33 Article, in accordance with reasonable rules and regulations
34 to be prescribed by the Department.
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1 The retailer making the return herein provided for shall,
2 at the time of making such return, pay to the Department the
3 amount of tax herein imposed. On and after the effective date
4 of this amendatory Act of the 91st General Assembly Article
5 of 1985, 0.15% of the moneys received by the Department
6 pursuant to this Article before January 1, 2006, other than
7 the moneys resulting from the additional taxes imposed by
8 Public Act 90-548, shall be paid into the Residential
9 Consumer Advocacy Fund; $1,000,000 of the moneys received by
10 the Department of Revenue pursuant to this Article shall be
11 paid each month into the Common School Fund; and the
12 remainder shall be paid into the General Revenue Fund. On and
13 after February 1, 1998, however, of the moneys received by
14 the Department of Revenue pursuant to the additional taxes
15 imposed by this amendatory Act of 1997 one-half shall be
16 deposited into the School Infrastructure Fund and one-half
17 shall be deposited into the Common School Fund.
18 (Source: P.A. 90-16, eff. 6-16-97; 90-548, eff. 12-4-97.)
19 Section 98. The Electricity Excise Tax Law is amended by
20 changing Sections 2-9 and 2-11 as follows:
21 (35 ILCS 640/2-9)
22 Sec. 2-9. Return and payment of tax by delivering
23 supplier. Each delivering supplier who is required or
24 authorized to collect the tax imposed by this Law shall make
25 a return to the Department on or before the 15th day of each
26 month for the preceding calendar month stating the following:
27 (1) The delivering supplier's name.
28 (2) The address of the delivering supplier's
29 principal place of business and the address of the
30 principal place of business (if that is a different
31 address) from which the delivering supplier engaged in
32 the business of delivering electricity in this State.
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1 (3) The total number of kilowatt-hours which the
2 supplier delivered to or for purchasers during the
3 preceding calendar month and upon the basis of which the
4 tax is imposed.
5 (4) Amount of tax, computed upon Item (3) at the
6 rates stated in Section 2-4.
7 (5) An adjustment for uncollectible amounts of tax
8 in respect of prior period kilowatt-hour deliveries,
9 determined in accordance with rules and regulations
10 promulgated by the Department.
11 (5.5) The amount of credits to which the taxpayer
12 is entitled on account of purchases made under Section
13 8-403.1 of the Public Utilities Act.
14 (6) Such other information as the Department
15 reasonably may require.
16 In making such return the delivering supplier may use any
17 reasonable method to derive reportable "kilowatt-hours" from
18 the delivering supplier's records.
19 If the average monthly tax liability to the Department of
20 the delivering supplier does not exceed $2,500, the
21 Department may authorize the delivering supplier's returns to
22 be filed on a quarter-annual basis, with the return for
23 January, February and March of a given year being due by
24 April 30 of such year; with the return for April, May and
25 June of a given year being due by July 31 of such year; with
26 the return for July, August and September of a given year
27 being due by October 31 of such year; and with the return for
28 October, November and December of a given year being due by
29 January 31 of the following year.
30 If the average monthly tax liability to the Department of
31 the delivering supplier does not exceed $1,000, the
32 Department may authorize the delivering supplier's returns to
33 be filed on an annual basis, with the return for a given year
34 being due by January 31 of the following year.
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1 Such quarter-annual and annual returns, as to form and
2 substance, shall be subject to the same requirements as
3 monthly returns.
4 Notwithstanding any other provision in this Law
5 concerning the time within which a delivering supplier may
6 file a return, any such delivering supplier who ceases to
7 engage in a kind of business which makes the person
8 responsible for filing returns under this Law shall file a
9 final return under this Law with the Department not more than
10 one month after discontinuing such business.
11 Each delivering supplier whose average monthly liability
12 to the Department under this Law was $10,000 or more during
13 the preceding calendar year, excluding the month of highest
14 liability and the month of lowest liability in such calendar
15 year, and who is not operated by a unit of local government,
16 shall make estimated payments to the Department on or before
17 the 7th, 15th, 22nd and last day of the month during which
18 tax liability to the Department is incurred in an amount not
19 less than the lower of either 22.5% of such delivering
20 supplier's actual tax liability for the month or 25% of such
21 delivering supplier's actual tax liability for the same
22 calendar month of the preceding year. The amount of such
23 quarter-monthly payments shall be credited against the final
24 tax liability of such delivering supplier's return for that
25 month. An outstanding credit approved by the Department or a
26 credit memorandum issued by the Department arising from such
27 delivering supplier's overpayment of his or her final tax
28 liability for any month may be applied to reduce the amount
29 of any subsequent quarter-monthly payment or credited against
30 the final tax liability of such delivering supplier's return
31 for any subsequent month. If any quarter-monthly payment is
32 not paid at the time or in the amount required by this
33 Section, such delivering supplier shall be liable for penalty
34 and interest on the difference between the minimum amount due
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1 as a payment and the amount of such payment actually and
2 timely paid, except insofar as such delivering supplier has
3 previously made payments for that month to the Department in
4 excess of the minimum payments previously due.
5 If the Director finds that the information required for
6 the making of an accurate return cannot reasonably be
7 compiled by such delivering supplier within 15 days after the
8 close of the calendar month for which a return is to be made,
9 the Director may grant an extension of time for the filing of
10 such return for a period not to exceed 31 calendar days. The
11 granting of such an extension may be conditioned upon the
12 deposit by such delivering supplier with the Department of an
13 amount of money not exceeding the amount estimated by the
14 Director to be due with the return so extended. All such
15 deposits shall be credited against such delivering supplier's
16 liabilities under this Law. If the deposit exceeds such
17 delivering supplier's present and probable future liabilities
18 under this Law, the Department shall issue to such delivering
19 supplier a credit memorandum, which may be assigned by such
20 delivering supplier to a similar person under this Law, in
21 accordance with reasonable rules and regulations to be
22 prescribed by the Department.
23 The delivering supplier making the return provided for in
24 this Section shall, at the time of making such return, pay to
25 the Department the amount of tax imposed by this Law.
26 A delivering supplier who has an average monthly tax
27 liability of $10,000 or more shall make all payments
28 required by rules of the Department by electronic funds
29 transfer. The term "average monthly tax liability" shall be
30 the sum of the delivering supplier's liabilities under this
31 Law for the immediately preceding calendar year divided by
32 12. Any delivering supplier not required to make payments
33 by electronic funds transfer may make payments by electronic
34 funds transfer with the permission of the Department. All
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1 delivering suppliers required to make payments by electronic
2 funds transfer and any delivering suppliers authorized to
3 voluntarily make payments by electronic funds transfer shall
4 make those payments in the manner authorized by the
5 Department.
6 Each month the Department shall pay into the Residential
7 Consumer Advocacy Fund until January 1, 2006 0.15% of the
8 moneys received under this Section and into the Public
9 Utility Fund in the State treasury an amount determined by
10 the Director to be equal to 3.0% of the funds received by the
11 Department pursuant to this Section. The remainder of all
12 moneys received by the Department under this Section shall be
13 paid into the General Revenue Fund in the State treasury.
14 (Source: P.A. 90-561, eff. 8-1-98; 90-813, eff. 1-29-99.)
15 (35 ILCS 640/2-11)
16 Sec. 2-11. Direct return and payment by self-assessing
17 purchaser. When electricity is used or consumed by a
18 self-assessing purchaser subject to the tax imposed by this
19 Law who did not pay the tax to a delivering supplier
20 maintaining a place of business within this State and
21 required or authorized to collect the tax, that
22 self-assessing purchaser shall, on or before the 15th day of
23 each month, make a return to the Department for the preceding
24 calendar month, stating all of the following:
25 (1) The self-assessing purchaser's name and
26 principal address.
27 (2) The aggregate purchase price paid by the
28 self-assessing purchaser for the distribution, supply,
29 furnishing, sale, transmission and delivery of such
30 electricity to or for the purchaser during the preceding
31 calendar month, including budget plan and other
32 purchaser-owned amounts applied during such month in
33 payment of charges includible in the purchase price, and
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1 upon the basis of which the tax is imposed.
2 (3) Amount of tax, computed upon item (2) at the
3 rate stated in Section 2-4.
4 (4) Such other information as the Department
5 reasonably may require.
6 In making such return the self-assessing purchaser may
7 use any reasonable method to derive reportable "purchase
8 price" from the self-assessing purchaser's records.
9 If the average monthly tax liability of the
10 self-assessing purchaser to the Department does not exceed
11 $2,500, the Department may authorize the self-assessing
12 purchaser's returns to be filed on a quarter-annual basis,
13 with the return for January, February and March of a given
14 year being due by April 30 of such year; with the return for
15 April, May and June of a given year being due by July 31 of
16 such year; with the return for July, August, and September of
17 a given year being due by October 31 of such year; and with
18 the return for October, November and December of a given year
19 being due by January 31 of the following year.
20 If the average monthly tax liability of the
21 self-assessing purchaser to the Department does not exceed
22 $1,000, the Department may authorize the self-assessing
23 purchaser's returns to be filed on an annual basis, with the
24 return for a given year being due by January 31 of the
25 following year.
26 Such quarter-annual and annual returns, as to form and
27 substance, shall be subject to the same requirements as
28 monthly returns.
29 Notwithstanding any other provision in this Law
30 concerning the time within which a self-assessing purchaser
31 may file a return, any such self-assessing purchaser who
32 ceases to be responsible for filing returns under this Law
33 shall file a final return under this Law with the Department
34 not more than one month thereafter.
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1 Each self-assessing purchaser whose average monthly
2 liability to the Department pursuant to this Section was
3 $10,000 or more during the preceding calendar year, excluding
4 the month of highest liability and the month of lowest
5 liability during such calendar year, and which is not
6 operated by a unit of local government, shall make estimated
7 payments to the Department on or before the 7th, 15th, 22nd
8 and last day of the month during which tax liability to the
9 Department is incurred in an amount not less than the lower
10 of either 22.5% of such self-assessing purchaser's actual tax
11 liability for the month or 25% of such self-assessing
12 purchaser's actual tax liability for the same calendar month
13 of the preceding year. The amount of such quarter-monthly
14 payments shall be credited against the final tax liability of
15 the self-assessing purchaser's return for that month. An
16 outstanding credit approved by the Department or a credit
17 memorandum issued by the Department arising from the
18 self-assessing purchaser's overpayment of the self-assessing
19 purchaser's final tax liability for any month may be applied
20 to reduce the amount of any subsequent quarter-monthly
21 payment or credited against the final tax liability of such
22 self-assessing purchaser's return for any subsequent month.
23 If any quarter-monthly payment is not paid at the time or in
24 the amount required by this Section, such person shall be
25 liable for penalty and interest on the difference between the
26 minimum amount due as a payment and the amount of such
27 payment actually and timely paid, except insofar as such
28 person has previously made payments for that month to the
29 Department in excess of the minimum payments previously due.
30 If the Director finds that the information required for
31 the making of an accurate return cannot reasonably be
32 compiled by a self-assessing purchaser within 15 days after
33 the close of the calendar month for which a return is to be
34 made, the Director may grant an extension of time for the
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1 filing of such return for a period of not to exceed 31
2 calendar days. The granting of such an extension may be
3 conditioned upon the deposit by such self-assessing purchaser
4 with the Department of an amount of money not exceeding the
5 amount estimated by the Director to be due with the return so
6 extended. All such deposits shall be credited against such
7 self-assessing purchaser's liabilities under this Law. If
8 the deposit exceeds such self-assessing purchaser's present
9 and probable future liabilities under this Law, the
10 Department shall issue to such self-assessing purchaser a
11 credit memorandum, which may be assigned by such
12 self-assessing purchaser to a similar person under this Law,
13 in accordance with reasonable rules and regulations to be
14 prescribed by the Department.
15 The self-assessing purchaser making the return provided
16 for in this Section shall, at the time of making such return,
17 pay to the Department the amount of tax imposed by this Law.
18 A self-assessing purchaser who has an average monthly tax
19 liability of $10,000 or more shall make all payments
20 required by rules of the Department by electronic funds
21 transfer. The term "average monthly tax liability" shall be
22 the sum of the self-assessing purchaser's liabilities under
23 this Law for the immediately preceding calendar year divided
24 by 12. Any self-assessing purchaser not required to make
25 payments by electronic funds transfer may make payments by
26 electronic funds transfer with the permission of the
27 Department. All self-assessing purchasers required to make
28 payments by electronic funds transfer and any self-assessing
29 purchasers authorized to voluntarily make payments by
30 electronic funds transfer shall make those payments in the
31 manner authorized by the Department.
32 Each month the Department shall pay into the Residential
33 Consumer Advocacy Fund until January 1, 2006 0.15% of the
34 moneys received under this Section and into the Public
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1 Utility Fund in the State treasury an amount determined by
2 the Director to be equal to 3.0% of the funds received by the
3 Department pursuant to this Section. The remainder of all
4 moneys received by the Department under this Section shall be
5 paid into the General Revenue Fund in the State treasury.
6 (Source: P.A. 90-561, eff. 8-1-98; revised 10-31-98.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.