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91_SB1010enr SB1010 Enrolled SRS91SB0007ABge 1 AN ACT concerning the Metropolitan Pier and Exposition 2 Authority, amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Finance Act is amended by changing 6 Section 8.25f as follows: 7 (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f) 8 Sec. 8.25f. McCormick Place Expansion Project Fund. 9 (a) Deposits. The following amounts shall be deposited 10 into the McCormick Place Expansion Project Fund in the State 11 Treasury: (i) the moneys required to be deposited into the 12 Fund under Section 9 of the Use Tax Act, Section 9 of the 13 Service Occupation Tax Act, Section 9 of the Service Use Tax 14 Act, and Section 3 of the Retailers' Occupation Tax Act and 15 (ii) the moneys required to be deposited into the Fund under 16 Section 13 of the Metropolitan Pier and Exposition Authority 17 Act. Notwithstanding the foregoing, the maximum amount that 18 may be deposited into the McCormick Place Expansion Project 19 Fund from item (i) shall not exceed the following amounts 20 with respect to the following fiscal years: 21 Fiscal Year Total Deposit 22 1993 $0 23 1994 53,000,000 24 1995 58,000,000 25 1996 61,000,000 26 1997 64,000,000 27 1998 68,000,000 28 1999 71,000,000 29 2000 75,000,000 30 2001 80,000,000 31 2002 84,000,000 SB1010 Enrolled -2- SRS91SB0007ABge 1 2003 89,000,000 2 2004 93,000,000 3 2005 97,000,000 4 2006 102,000,000 5 2007and108,000,000106,000,0006 2008 115,000,000 7 2009 120,000,000 8 2010 126,000,000 9 2011 132,000,000 10 2012 138,000,000 11 2013 and 145,000,000 12 each fiscal year 13 thereafter that bonds are 14 outstanding under Section 15 13.2 of the Metropolitan Pier 16 and Exposition Authority Act, 17 but not after fiscal year 2029. 18 Provided that all amounts deposited in the Fund and 19 requested in the Authority's certificate have been paid to 20 the Authority, all amounts remaining in the McCormick Place 21 Expansion Project Fund on the last day of any month shall be 22 transferred to the General Revenue Fund. 23 (b) Authority certificate. Beginning with fiscal year 24 1994 and continuing for each fiscal year thereafter, the 25 Chairman of the Metropolitan Pier and Exposition Authority 26 shall annually certify to the State Comptroller and the State 27 Treasurer the amount necessary and required, during the 28 fiscal year with respect to which the certification is made, 29 to pay the debt service requirements (including amounts to be 30 paid with respect to arrangements to provide additional 31 security or liquidity) on all outstanding bonds and notes, 32 including refunding bonds, (collectively referred to as 33 "bonds") in an amount issued by the Authority pursuant to 34 Section 13.2 of the Metropolitan Pier and Exposition SB1010 Enrolled -3- SRS91SB0007ABge 1 Authority Act. The certificate may be amended from time to 2 time as necessary. 3 (Source: P.A. 90-612, eff. 7-8-98.) 4 Section 10. The Use Tax Act is amended by changing 5 Section 9 as follows: 6 (35 ILCS 105/9) (from Ch. 120, par. 439.9) 7 Sec. 9. Except as to motor vehicles, watercraft, 8 aircraft, and trailers that are required to be registered 9 with an agency of this State, each retailer required or 10 authorized to collect the tax imposed by this Act shall pay 11 to the Department the amount of such tax (except as otherwise 12 provided) at the time when he is required to file his return 13 for the period during which such tax was collected, less a 14 discount of 2.1% prior to January 1, 1990, and 1.75% on and 15 after January 1, 1990, or $5 per calendar year, whichever is 16 greater, which is allowed to reimburse the retailer for 17 expenses incurred in collecting the tax, keeping records, 18 preparing and filing returns, remitting the tax and supplying 19 data to the Department on request. In the case of retailers 20 who report and pay the tax on a transaction by transaction 21 basis, as provided in this Section, such discount shall be 22 taken with each such tax remittance instead of when such 23 retailer files his periodic return. A retailer need not 24 remit that part of any tax collected by him to the extent 25 that he is required to remit and does remit the tax imposed 26 by the Retailers' Occupation Tax Act, with respect to the 27 sale of the same property. 28 Where such tangible personal property is sold under a 29 conditional sales contract, or under any other form of sale 30 wherein the payment of the principal sum, or a part thereof, 31 is extended beyond the close of the period for which the 32 return is filed, the retailer, in collecting the tax (except SB1010 Enrolled -4- SRS91SB0007ABge 1 as to motor vehicles, watercraft, aircraft, and trailers that 2 are required to be registered with an agency of this State), 3 may collect for each tax return period, only the tax 4 applicable to that part of the selling price actually 5 received during such tax return period. 6 Except as provided in this Section, on or before the 7 twentieth day of each calendar month, such retailer shall 8 file a return for the preceding calendar month. Such return 9 shall be filed on forms prescribed by the Department and 10 shall furnish such information as the Department may 11 reasonably require. 12 The Department may require returns to be filed on a 13 quarterly basis. If so required, a return for each calendar 14 quarter shall be filed on or before the twentieth day of the 15 calendar month following the end of such calendar quarter. 16 The taxpayer shall also file a return with the Department for 17 each of the first two months of each calendar quarter, on or 18 before the twentieth day of the following calendar month, 19 stating: 20 1. The name of the seller; 21 2. The address of the principal place of business 22 from which he engages in the business of selling tangible 23 personal property at retail in this State; 24 3. The total amount of taxable receipts received by 25 him during the preceding calendar month from sales of 26 tangible personal property by him during such preceding 27 calendar month, including receipts from charge and time 28 sales, but less all deductions allowed by law; 29 4. The amount of credit provided in Section 2d of 30 this Act; 31 5. The amount of tax due; 32 5-5. The signature of the taxpayer; and 33 6. Such other reasonable information as the 34 Department may require. SB1010 Enrolled -5- SRS91SB0007ABge 1 If a taxpayer fails to sign a return within 30 days after 2 the proper notice and demand for signature by the Department, 3 the return shall be considered valid and any amount shown to 4 be due on the return shall be deemed assessed. 5 Beginning October 1, 1993, a taxpayer who has an average 6 monthly tax liability of $150,000 or more shall make all 7 payments required by rules of the Department by electronic 8 funds transfer. Beginning October 1, 1994, a taxpayer who has 9 an average monthly tax liability of $100,000 or more shall 10 make all payments required by rules of the Department by 11 electronic funds transfer. Beginning October 1, 1995, a 12 taxpayer who has an average monthly tax liability of $50,000 13 or more shall make all payments required by rules of the 14 Department by electronic funds transfer. The term "average 15 monthly tax liability" means the sum of the taxpayer's 16 liabilities under this Act, and under all other State and 17 local occupation and use tax laws administered by the 18 Department, for the immediately preceding calendar year 19 divided by 12. 20 Before August 1 of each year beginning in 1993, the 21 Department shall notify all taxpayers required to make 22 payments by electronic funds transfer. All taxpayers required 23 to make payments by electronic funds transfer shall make 24 those payments for a minimum of one year beginning on October 25 1. 26 Any taxpayer not required to make payments by electronic 27 funds transfer may make payments by electronic funds transfer 28 with the permission of the Department. 29 All taxpayers required to make payment by electronic 30 funds transfer and any taxpayers authorized to voluntarily 31 make payments by electronic funds transfer shall make those 32 payments in the manner authorized by the Department. 33 The Department shall adopt such rules as are necessary to 34 effectuate a program of electronic funds transfer and the SB1010 Enrolled -6- SRS91SB0007ABge 1 requirements of this Section. 2 If the taxpayer's average monthly tax liability to the 3 Department under this Act, the Retailers' Occupation Tax Act, 4 the Service Occupation Tax Act, the Service Use Tax Act was 5 $10,000 or more during the preceding 4 complete calendar 6 quarters, he shall file a return with the Department each 7 month by the 20th day of the month next following the month 8 during which such tax liability is incurred and shall make 9 payments to the Department on or before the 7th, 15th, 22nd 10 and last day of the month during which such liability is 11 incurred. If the month during which such tax liability is 12 incurred began prior to January 1, 1985, each payment shall 13 be in an amount equal to 1/4 of the taxpayer's actual 14 liability for the month or an amount set by the Department 15 not to exceed 1/4 of the average monthly liability of the 16 taxpayer to the Department for the preceding 4 complete 17 calendar quarters (excluding the month of highest liability 18 and the month of lowest liability in such 4 quarter period). 19 If the month during which such tax liability is incurred 20 begins on or after January 1, 1985, and prior to January 1, 21 1987, each payment shall be in an amount equal to 22.5% of 22 the taxpayer's actual liability for the month or 27.5% of the 23 taxpayer's liability for the same calendar month of the 24 preceding year. If the month during which such tax liability 25 is incurred begins on or after January 1, 1987, and prior to 26 January 1, 1988, each payment shall be in an amount equal to 27 22.5% of the taxpayer's actual liability for the month or 28 26.25% of the taxpayer's liability for the same calendar 29 month of the preceding year. If the month during which such 30 tax liability is incurred begins on or after January 1, 1988, 31 and prior to January 1, 1989, or begins on or after January 32 1, 1996, each payment shall be in an amount equal to 22.5% of 33 the taxpayer's actual liability for the month or 25% of the 34 taxpayer's liability for the same calendar month of the SB1010 Enrolled -7- SRS91SB0007ABge 1 preceding year. If the month during which such tax liability 2 is incurred begins on or after January 1, 1989, and prior to 3 January 1, 1996, each payment shall be in an amount equal to 4 22.5% of the taxpayer's actual liability for the month or 25% 5 of the taxpayer's liability for the same calendar month of 6 the preceding year or 100% of the taxpayer's actual liability 7 for the quarter monthly reporting period. The amount of such 8 quarter monthly payments shall be credited against the final 9 tax liability of the taxpayer's return for that month. Once 10 applicable, the requirement of the making of quarter monthly 11 payments to the Department shall continue until such 12 taxpayer's average monthly liability to the Department during 13 the preceding 4 complete calendar quarters (excluding the 14 month of highest liability and the month of lowest liability) 15 is less than $9,000, or until such taxpayer's average monthly 16 liability to the Department as computed for each calendar 17 quarter of the 4 preceding complete calendar quarter period 18 is less than $10,000. However, if a taxpayer can show the 19 Department that a substantial change in the taxpayer's 20 business has occurred which causes the taxpayer to anticipate 21 that his average monthly tax liability for the reasonably 22 foreseeable future will fall below $10,000, then such 23 taxpayer may petition the Department for change in such 24 taxpayer's reporting status. The Department shall change 25 such taxpayer's reporting status unless it finds that such 26 change is seasonal in nature and not likely to be long term. 27 If any such quarter monthly payment is not paid at the time 28 or in the amount required by this Section, then the taxpayer 29 shall be liable for penalties and interest on the difference 30 between the minimum amount due and the amount of such quarter 31 monthly payment actually and timely paid, except insofar as 32 the taxpayer has previously made payments for that month to 33 the Department in excess of the minimum payments previously 34 due as provided in this Section. The Department shall make SB1010 Enrolled -8- SRS91SB0007ABge 1 reasonable rules and regulations to govern the quarter 2 monthly payment amount and quarter monthly payment dates for 3 taxpayers who file on other than a calendar monthly basis. 4 If any such payment provided for in this Section exceeds 5 the taxpayer's liabilities under this Act, the Retailers' 6 Occupation Tax Act, the Service Occupation Tax Act and the 7 Service Use Tax Act, as shown by an original monthly return, 8 the Department shall issue to the taxpayer a credit 9 memorandum no later than 30 days after the date of payment, 10 which memorandum may be submitted by the taxpayer to the 11 Department in payment of tax liability subsequently to be 12 remitted by the taxpayer to the Department or be assigned by 13 the taxpayer to a similar taxpayer under this Act, the 14 Retailers' Occupation Tax Act, the Service Occupation Tax Act 15 or the Service Use Tax Act, in accordance with reasonable 16 rules and regulations to be prescribed by the Department, 17 except that if such excess payment is shown on an original 18 monthly return and is made after December 31, 1986, no credit 19 memorandum shall be issued, unless requested by the taxpayer. 20 If no such request is made, the taxpayer may credit such 21 excess payment against tax liability subsequently to be 22 remitted by the taxpayer to the Department under this Act, 23 the Retailers' Occupation Tax Act, the Service Occupation Tax 24 Act or the Service Use Tax Act, in accordance with reasonable 25 rules and regulations prescribed by the Department. If the 26 Department subsequently determines that all or any part of 27 the credit taken was not actually due to the taxpayer, the 28 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced 29 by 2.1% or 1.75% of the difference between the credit taken 30 and that actually due, and the taxpayer shall be liable for 31 penalties and interest on such difference. 32 If the retailer is otherwise required to file a monthly 33 return and if the retailer's average monthly tax liability to 34 the Department does not exceed $200, the Department may SB1010 Enrolled -9- SRS91SB0007ABge 1 authorize his returns to be filed on a quarter annual basis, 2 with the return for January, February, and March of a given 3 year being due by April 20 of such year; with the return for 4 April, May and June of a given year being due by July 20 of 5 such year; with the return for July, August and September of 6 a given year being due by October 20 of such year, and with 7 the return for October, November and December of a given year 8 being due by January 20 of the following year. 9 If the retailer is otherwise required to file a monthly 10 or quarterly return and if the retailer's average monthly tax 11 liability to the Department does not exceed $50, the 12 Department may authorize his returns to be filed on an annual 13 basis, with the return for a given year being due by January 14 20 of the following year. 15 Such quarter annual and annual returns, as to form and 16 substance, shall be subject to the same requirements as 17 monthly returns. 18 Notwithstanding any other provision in this Act 19 concerning the time within which a retailer may file his 20 return, in the case of any retailer who ceases to engage in a 21 kind of business which makes him responsible for filing 22 returns under this Act, such retailer shall file a final 23 return under this Act with the Department not more than one 24 month after discontinuing such business. 25 In addition, with respect to motor vehicles, watercraft, 26 aircraft, and trailers that are required to be registered 27 with an agency of this State, every retailer selling this 28 kind of tangible personal property shall file, with the 29 Department, upon a form to be prescribed and supplied by the 30 Department, a separate return for each such item of tangible 31 personal property which the retailer sells, except that 32 where, in the same transaction, a retailer of aircraft, 33 watercraft, motor vehicles or trailers transfers more than 34 one aircraft, watercraft, motor vehicle or trailer to another SB1010 Enrolled -10- SRS91SB0007ABge 1 aircraft, watercraft, motor vehicle or trailer retailer for 2 the purpose of resale, that seller for resale may report the 3 transfer of all the aircraft, watercraft, motor vehicles or 4 trailers involved in that transaction to the Department on 5 the same uniform invoice-transaction reporting return form. 6 For purposes of this Section, "watercraft" means a Class 2, 7 Class 3, or Class 4 watercraft as defined in Section 3-2 of 8 the Boat Registration and Safety Act, a personal watercraft, 9 or any boat equipped with an inboard motor. 10 The transaction reporting return in the case of motor 11 vehicles or trailers that are required to be registered with 12 an agency of this State, shall be the same document as the 13 Uniform Invoice referred to in Section 5-402 of the Illinois 14 Vehicle Code and must show the name and address of the 15 seller; the name and address of the purchaser; the amount of 16 the selling price including the amount allowed by the 17 retailer for traded-in property, if any; the amount allowed 18 by the retailer for the traded-in tangible personal property, 19 if any, to the extent to which Section 2 of this Act allows 20 an exemption for the value of traded-in property; the balance 21 payable after deducting such trade-in allowance from the 22 total selling price; the amount of tax due from the retailer 23 with respect to such transaction; the amount of tax collected 24 from the purchaser by the retailer on such transaction (or 25 satisfactory evidence that such tax is not due in that 26 particular instance, if that is claimed to be the fact); the 27 place and date of the sale; a sufficient identification of 28 the property sold; such other information as is required in 29 Section 5-402 of the Illinois Vehicle Code, and such other 30 information as the Department may reasonably require. 31 The transaction reporting return in the case of 32 watercraft and aircraft must show the name and address of the 33 seller; the name and address of the purchaser; the amount of 34 the selling price including the amount allowed by the SB1010 Enrolled -11- SRS91SB0007ABge 1 retailer for traded-in property, if any; the amount allowed 2 by the retailer for the traded-in tangible personal property, 3 if any, to the extent to which Section 2 of this Act allows 4 an exemption for the value of traded-in property; the balance 5 payable after deducting such trade-in allowance from the 6 total selling price; the amount of tax due from the retailer 7 with respect to such transaction; the amount of tax collected 8 from the purchaser by the retailer on such transaction (or 9 satisfactory evidence that such tax is not due in that 10 particular instance, if that is claimed to be the fact); the 11 place and date of the sale, a sufficient identification of 12 the property sold, and such other information as the 13 Department may reasonably require. 14 Such transaction reporting return shall be filed not 15 later than 20 days after the date of delivery of the item 16 that is being sold, but may be filed by the retailer at any 17 time sooner than that if he chooses to do so. The 18 transaction reporting return and tax remittance or proof of 19 exemption from the tax that is imposed by this Act may be 20 transmitted to the Department by way of the State agency with 21 which, or State officer with whom, the tangible personal 22 property must be titled or registered (if titling or 23 registration is required) if the Department and such agency 24 or State officer determine that this procedure will expedite 25 the processing of applications for title or registration. 26 With each such transaction reporting return, the retailer 27 shall remit the proper amount of tax due (or shall submit 28 satisfactory evidence that the sale is not taxable if that is 29 the case), to the Department or its agents, whereupon the 30 Department shall issue, in the purchaser's name, a tax 31 receipt (or a certificate of exemption if the Department is 32 satisfied that the particular sale is tax exempt) which such 33 purchaser may submit to the agency with which, or State 34 officer with whom, he must title or register the tangible SB1010 Enrolled -12- SRS91SB0007ABge 1 personal property that is involved (if titling or 2 registration is required) in support of such purchaser's 3 application for an Illinois certificate or other evidence of 4 title or registration to such tangible personal property. 5 No retailer's failure or refusal to remit tax under this 6 Act precludes a user, who has paid the proper tax to the 7 retailer, from obtaining his certificate of title or other 8 evidence of title or registration (if titling or registration 9 is required) upon satisfying the Department that such user 10 has paid the proper tax (if tax is due) to the retailer. The 11 Department shall adopt appropriate rules to carry out the 12 mandate of this paragraph. 13 If the user who would otherwise pay tax to the retailer 14 wants the transaction reporting return filed and the payment 15 of tax or proof of exemption made to the Department before 16 the retailer is willing to take these actions and such user 17 has not paid the tax to the retailer, such user may certify 18 to the fact of such delay by the retailer, and may (upon the 19 Department being satisfied of the truth of such 20 certification) transmit the information required by the 21 transaction reporting return and the remittance for tax or 22 proof of exemption directly to the Department and obtain his 23 tax receipt or exemption determination, in which event the 24 transaction reporting return and tax remittance (if a tax 25 payment was required) shall be credited by the Department to 26 the proper retailer's account with the Department, but 27 without the 2.1% or 1.75% discount provided for in this 28 Section being allowed. When the user pays the tax directly 29 to the Department, he shall pay the tax in the same amount 30 and in the same form in which it would be remitted if the tax 31 had been remitted to the Department by the retailer. 32 Where a retailer collects the tax with respect to the 33 selling price of tangible personal property which he sells 34 and the purchaser thereafter returns such tangible personal SB1010 Enrolled -13- SRS91SB0007ABge 1 property and the retailer refunds the selling price thereof 2 to the purchaser, such retailer shall also refund, to the 3 purchaser, the tax so collected from the purchaser. When 4 filing his return for the period in which he refunds such tax 5 to the purchaser, the retailer may deduct the amount of the 6 tax so refunded by him to the purchaser from any other use 7 tax which such retailer may be required to pay or remit to 8 the Department, as shown by such return, if the amount of the 9 tax to be deducted was previously remitted to the Department 10 by such retailer. If the retailer has not previously 11 remitted the amount of such tax to the Department, he is 12 entitled to no deduction under this Act upon refunding such 13 tax to the purchaser. 14 Any retailer filing a return under this Section shall 15 also include (for the purpose of paying tax thereon) the 16 total tax covered by such return upon the selling price of 17 tangible personal property purchased by him at retail from a 18 retailer, but as to which the tax imposed by this Act was not 19 collected from the retailer filing such return, and such 20 retailer shall remit the amount of such tax to the Department 21 when filing such return. 22 If experience indicates such action to be practicable, 23 the Department may prescribe and furnish a combination or 24 joint return which will enable retailers, who are required to 25 file returns hereunder and also under the Retailers' 26 Occupation Tax Act, to furnish all the return information 27 required by both Acts on the one form. 28 Where the retailer has more than one business registered 29 with the Department under separate registration under this 30 Act, such retailer may not file each return that is due as a 31 single return covering all such registered businesses, but 32 shall file separate returns for each such registered 33 business. 34 Beginning January 1, 1990, each month the Department SB1010 Enrolled -14- SRS91SB0007ABge 1 shall pay into the State and Local Sales Tax Reform Fund, a 2 special fund in the State Treasury which is hereby created, 3 the net revenue realized for the preceding month from the 1% 4 tax on sales of food for human consumption which is to be 5 consumed off the premises where it is sold (other than 6 alcoholic beverages, soft drinks and food which has been 7 prepared for immediate consumption) and prescription and 8 nonprescription medicines, drugs, medical appliances and 9 insulin, urine testing materials, syringes and needles used 10 by diabetics. 11 Beginning January 1, 1990, each month the Department 12 shall pay into the County and Mass Transit District Fund 4% 13 of the net revenue realized for the preceding month from the 14 6.25% general rate on the selling price of tangible personal 15 property which is purchased outside Illinois at retail from a 16 retailer and which is titled or registered by an agency of 17 this State's government. 18 Beginning January 1, 1990, each month the Department 19 shall pay into the State and Local Sales Tax Reform Fund, a 20 special fund in the State Treasury, 20% of the net revenue 21 realized for the preceding month from the 6.25% general rate 22 on the selling price of tangible personal property, other 23 than tangible personal property which is purchased outside 24 Illinois at retail from a retailer and which is titled or 25 registered by an agency of this State's government. 26 Beginning January 1, 1990, each month the Department 27 shall pay into the Local Government Tax Fund 16% of the net 28 revenue realized for the preceding month from the 6.25% 29 general rate on the selling price of tangible personal 30 property which is purchased outside Illinois at retail from a 31 retailer and which is titled or registered by an agency of 32 this State's government. 33 Of the remainder of the moneys received by the Department 34 pursuant to this Act, (a) 1.75% thereof shall be paid into SB1010 Enrolled -15- SRS91SB0007ABge 1 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 2 and on and after July 1, 1989, 3.8% thereof shall be paid 3 into the Build Illinois Fund; provided, however, that if in 4 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 5 as the case may be, of the moneys received by the Department 6 and required to be paid into the Build Illinois Fund pursuant 7 to Section 3 of the Retailers' Occupation Tax Act, Section 9 8 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 9 Section 9 of the Service Occupation Tax Act, such Acts being 10 hereinafter called the "Tax Acts" and such aggregate of 2.2% 11 or 3.8%, as the case may be, of moneys being hereinafter 12 called the "Tax Act Amount", and (2) the amount transferred 13 to the Build Illinois Fund from the State and Local Sales Tax 14 Reform Fund shall be less than the Annual Specified Amount 15 (as defined in Section 3 of the Retailers' Occupation Tax 16 Act), an amount equal to the difference shall be immediately 17 paid into the Build Illinois Fund from other moneys received 18 by the Department pursuant to the Tax Acts; and further 19 provided, that if on the last business day of any month the 20 sum of (1) the Tax Act Amount required to be deposited into 21 the Build Illinois Bond Account in the Build Illinois Fund 22 during such month and (2) the amount transferred during such 23 month to the Build Illinois Fund from the State and Local 24 Sales Tax Reform Fund shall have been less than 1/12 of the 25 Annual Specified Amount, an amount equal to the difference 26 shall be immediately paid into the Build Illinois Fund from 27 other moneys received by the Department pursuant to the Tax 28 Acts; and, further provided, that in no event shall the 29 payments required under the preceding proviso result in 30 aggregate payments into the Build Illinois Fund pursuant to 31 this clause (b) for any fiscal year in excess of the greater 32 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 33 for such fiscal year; and, further provided, that the amounts 34 payable into the Build Illinois Fund under this clause (b) SB1010 Enrolled -16- SRS91SB0007ABge 1 shall be payable only until such time as the aggregate amount 2 on deposit under each trust indenture securing Bonds issued 3 and outstanding pursuant to the Build Illinois Bond Act is 4 sufficient, taking into account any future investment income, 5 to fully provide, in accordance with such indenture, for the 6 defeasance of or the payment of the principal of, premium, if 7 any, and interest on the Bonds secured by such indenture and 8 on any Bonds expected to be issued thereafter and all fees 9 and costs payable with respect thereto, all as certified by 10 the Director of the Bureau of the Budget. If on the last 11 business day of any month in which Bonds are outstanding 12 pursuant to the Build Illinois Bond Act, the aggregate of the 13 moneys deposited in the Build Illinois Bond Account in the 14 Build Illinois Fund in such month shall be less than the 15 amount required to be transferred in such month from the 16 Build Illinois Bond Account to the Build Illinois Bond 17 Retirement and Interest Fund pursuant to Section 13 of the 18 Build Illinois Bond Act, an amount equal to such deficiency 19 shall be immediately paid from other moneys received by the 20 Department pursuant to the Tax Acts to the Build Illinois 21 Fund; provided, however, that any amounts paid to the Build 22 Illinois Fund in any fiscal year pursuant to this sentence 23 shall be deemed to constitute payments pursuant to clause (b) 24 of the preceding sentence and shall reduce the amount 25 otherwise payable for such fiscal year pursuant to clause (b) 26 of the preceding sentence. The moneys received by the 27 Department pursuant to this Act and required to be deposited 28 into the Build Illinois Fund are subject to the pledge, claim 29 and charge set forth in Section 12 of the Build Illinois Bond 30 Act. 31 Subject to payment of amounts into the Build Illinois 32 Fund as provided in the preceding paragraph or in any 33 amendment thereto hereafter enacted, the following specified 34 monthly installment of the amount requested in the SB1010 Enrolled -17- SRS91SB0007ABge 1 certificate of the Chairman of the Metropolitan Pier and 2 Exposition Authority provided under Section 8.25f of the 3 State Finance Act, but not in excess of the sums designated 4 as "Total Deposit", shall be deposited in the aggregate from 5 collections under Section 9 of the Use Tax Act, Section 9 of 6 the Service Use Tax Act, Section 9 of the Service Occupation 7 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 8 into the McCormick Place Expansion Project Fund in the 9 specified fiscal years. 10 Fiscal Year Total Deposit 11 1993 $0 12 1994 53,000,000 13 1995 58,000,000 14 1996 61,000,000 15 1997 64,000,000 16 1998 68,000,000 17 1999 71,000,000 18 2000 75,000,000 19 2001 80,000,000 20 2002 84,000,000 21 2003 89,000,000 22 2004 93,000,000 23 2005 97,000,000 24 2006 102,000,000 25 2007and108,000,000106,000,00026 2008 115,000,000 27 2009 120,000,000 28 2010 126,000,000 29 2011 132,000,000 30 2012 138,000,000 31 2013 and 145,000,000 32 each fiscal year 33 thereafter that bonds 34 are outstanding under SB1010 Enrolled -18- SRS91SB0007ABge 1 Section 13.2 of the 2 Metropolitan Pier and 3 Exposition Authority 4 Act, but not after fiscal year 2029. 5 Beginning July 20, 1993 and in each month of each fiscal 6 year thereafter, one-eighth of the amount requested in the 7 certificate of the Chairman of the Metropolitan Pier and 8 Exposition Authority for that fiscal year, less the amount 9 deposited into the McCormick Place Expansion Project Fund by 10 the State Treasurer in the respective month under subsection 11 (g) of Section 13 of the Metropolitan Pier and Exposition 12 Authority Act, plus cumulative deficiencies in the deposits 13 required under this Section for previous months and years, 14 shall be deposited into the McCormick Place Expansion Project 15 Fund, until the full amount requested for the fiscal year, 16 but not in excess of the amount specified above as "Total 17 Deposit", has been deposited. 18 Subject to payment of amounts into the Build Illinois 19 Fund and the McCormick Place Expansion Project Fund pursuant 20 to the preceding paragraphs or in any amendment thereto 21 hereafter enacted, each month the Department shall pay into 22 the Local Government Distributive Fund .4% of the net revenue 23 realized for the preceding month from the 5% general rate, or 24 .4% of 80% of the net revenue realized for the preceding 25 month from the 6.25% general rate, as the case may be, on the 26 selling price of tangible personal property which amount 27 shall, subject to appropriation, be distributed as provided 28 in Section 2 of the State Revenue Sharing Act. No payments or 29 distributions pursuant to this paragraph shall be made if the 30 tax imposed by this Act on photoprocessing products is 31 declared unconstitutional, or if the proceeds from such tax 32 are unavailable for distribution because of litigation. 33 Subject to payment of amounts into the Build Illinois 34 Fund, the McCormick Place Expansion Project Fund, and the SB1010 Enrolled -19- SRS91SB0007ABge 1 Local Government Distributive Fund pursuant to the preceding 2 paragraphs or in any amendments thereto hereafter enacted, 3 beginning July 1, 1993, the Department shall each month pay 4 into the Illinois Tax Increment Fund 0.27% of 80% of the net 5 revenue realized for the preceding month from the 6.25% 6 general rate on the selling price of tangible personal 7 property. 8 Of the remainder of the moneys received by the Department 9 pursuant to this Act, 75% thereof shall be paid into the 10 State Treasury and 25% shall be reserved in a special account 11 and used only for the transfer to the Common School Fund as 12 part of the monthly transfer from the General Revenue Fund in 13 accordance with Section 8a of the State Finance Act. 14 As soon as possible after the first day of each month, 15 upon certification of the Department of Revenue, the 16 Comptroller shall order transferred and the Treasurer shall 17 transfer from the General Revenue Fund to the Motor Fuel Tax 18 Fund an amount equal to 1.7% of 80% of the net revenue 19 realized under this Act for the second preceding month; 20 except that this transfer shall not be made for the months 21 February through June of 1992. 22 Net revenue realized for a month shall be the revenue 23 collected by the State pursuant to this Act, less the amount 24 paid out during that month as refunds to taxpayers for 25 overpayment of liability. 26 For greater simplicity of administration, manufacturers, 27 importers and wholesalers whose products are sold at retail 28 in Illinois by numerous retailers, and who wish to do so, may 29 assume the responsibility for accounting and paying to the 30 Department all tax accruing under this Act with respect to 31 such sales, if the retailers who are affected do not make 32 written objection to the Department to this arrangement. 33 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 34 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) SB1010 Enrolled -20- SRS91SB0007ABge 1 Section 15. The Service Use Tax Act is amended by 2 changing Section 9 as follows: 3 (35 ILCS 110/9) (from Ch. 120, par. 439.39) 4 Sec. 9. Each serviceman required or authorized to 5 collect the tax herein imposed shall pay to the Department 6 the amount of such tax (except as otherwise provided) at the 7 time when he is required to file his return for the period 8 during which such tax was collected, less a discount of 2.1% 9 prior to January 1, 1990 and 1.75% on and after January 1, 10 1990, or $5 per calendar year, whichever is greater, which is 11 allowed to reimburse the serviceman for expenses incurred in 12 collecting the tax, keeping records, preparing and filing 13 returns, remitting the tax and supplying data to the 14 Department on request. A serviceman need not remit that part 15 of any tax collected by him to the extent that he is required 16 to pay and does pay the tax imposed by the Service Occupation 17 Tax Act with respect to his sale of service involving the 18 incidental transfer by him of the same property. 19 Except as provided hereinafter in this Section, on or 20 before the twentieth day of each calendar month, such 21 serviceman shall file a return for the preceding calendar 22 month in accordance with reasonable Rules and Regulations to 23 be promulgated by the Department. Such return shall be filed 24 on a form prescribed by the Department and shall contain such 25 information as the Department may reasonably require. 26 The Department may require returns to be filed on a 27 quarterly basis. If so required, a return for each calendar 28 quarter shall be filed on or before the twentieth day of the 29 calendar month following the end of such calendar quarter. 30 The taxpayer shall also file a return with the Department for 31 each of the first two months of each calendar quarter, on or 32 before the twentieth day of the following calendar month, 33 stating: SB1010 Enrolled -21- SRS91SB0007ABge 1 1. The name of the seller; 2 2. The address of the principal place of business 3 from which he engages in business as a serviceman in this 4 State; 5 3. The total amount of taxable receipts received by 6 him during the preceding calendar month, including 7 receipts from charge and time sales, but less all 8 deductions allowed by law; 9 4. The amount of credit provided in Section 2d of 10 this Act; 11 5. The amount of tax due; 12 5-5. The signature of the taxpayer; and 13 6. Such other reasonable information as the 14 Department may require. 15 If a taxpayer fails to sign a return within 30 days after 16 the proper notice and demand for signature by the Department, 17 the return shall be considered valid and any amount shown to 18 be due on the return shall be deemed assessed. 19 Beginning October 1, 1993, a taxpayer who has an average 20 monthly tax liability of $150,000 or more shall make all 21 payments required by rules of the Department by electronic 22 funds transfer. Beginning October 1, 1994, a taxpayer who 23 has an average monthly tax liability of $100,000 or more 24 shall make all payments required by rules of the Department 25 by electronic funds transfer. Beginning October 1, 1995, a 26 taxpayer who has an average monthly tax liability of $50,000 27 or more shall make all payments required by rules of the 28 Department by electronic funds transfer. The term "average 29 monthly tax liability" means the sum of the taxpayer's 30 liabilities under this Act, and under all other State and 31 local occupation and use tax laws administered by the 32 Department, for the immediately preceding calendar year 33 divided by 12. 34 Before August 1 of each year beginning in 1993, the SB1010 Enrolled -22- SRS91SB0007ABge 1 Department shall notify all taxpayers required to make 2 payments by electronic funds transfer. All taxpayers required 3 to make payments by electronic funds transfer shall make 4 those payments for a minimum of one year beginning on October 5 1. 6 Any taxpayer not required to make payments by electronic 7 funds transfer may make payments by electronic funds transfer 8 with the permission of the Department. 9 All taxpayers required to make payment by electronic 10 funds transfer and any taxpayers authorized to voluntarily 11 make payments by electronic funds transfer shall make those 12 payments in the manner authorized by the Department. 13 The Department shall adopt such rules as are necessary to 14 effectuate a program of electronic funds transfer and the 15 requirements of this Section. 16 If the serviceman is otherwise required to file a monthly 17 return and if the serviceman's average monthly tax liability 18 to the Department does not exceed $200, the Department may 19 authorize his returns to be filed on a quarter annual basis, 20 with the return for January, February and March of a given 21 year being due by April 20 of such year; with the return for 22 April, May and June of a given year being due by July 20 of 23 such year; with the return for July, August and September of 24 a given year being due by October 20 of such year, and with 25 the return for October, November and December of a given year 26 being due by January 20 of the following year. 27 If the serviceman is otherwise required to file a monthly 28 or quarterly return and if the serviceman's average monthly 29 tax liability to the Department does not exceed $50, the 30 Department may authorize his returns to be filed on an annual 31 basis, with the return for a given year being due by January 32 20 of the following year. 33 Such quarter annual and annual returns, as to form and 34 substance, shall be subject to the same requirements as SB1010 Enrolled -23- SRS91SB0007ABge 1 monthly returns. 2 Notwithstanding any other provision in this Act 3 concerning the time within which a serviceman may file his 4 return, in the case of any serviceman who ceases to engage in 5 a kind of business which makes him responsible for filing 6 returns under this Act, such serviceman shall file a final 7 return under this Act with the Department not more than 1 8 month after discontinuing such business. 9 Where a serviceman collects the tax with respect to the 10 selling price of property which he sells and the purchaser 11 thereafter returns such property and the serviceman refunds 12 the selling price thereof to the purchaser, such serviceman 13 shall also refund, to the purchaser, the tax so collected 14 from the purchaser. When filing his return for the period in 15 which he refunds such tax to the purchaser, the serviceman 16 may deduct the amount of the tax so refunded by him to the 17 purchaser from any other Service Use Tax, Service Occupation 18 Tax, retailers' occupation tax or use tax which such 19 serviceman may be required to pay or remit to the Department, 20 as shown by such return, provided that the amount of the tax 21 to be deducted shall previously have been remitted to the 22 Department by such serviceman. If the serviceman shall not 23 previously have remitted the amount of such tax to the 24 Department, he shall be entitled to no deduction hereunder 25 upon refunding such tax to the purchaser. 26 Any serviceman filing a return hereunder shall also 27 include the total tax upon the selling price of tangible 28 personal property purchased for use by him as an incident to 29 a sale of service, and such serviceman shall remit the amount 30 of such tax to the Department when filing such return. 31 If experience indicates such action to be practicable, 32 the Department may prescribe and furnish a combination or 33 joint return which will enable servicemen, who are required 34 to file returns hereunder and also under the Service SB1010 Enrolled -24- SRS91SB0007ABge 1 Occupation Tax Act, to furnish all the return information 2 required by both Acts on the one form. 3 Where the serviceman has more than one business 4 registered with the Department under separate registration 5 hereunder, such serviceman shall not file each return that is 6 due as a single return covering all such registered 7 businesses, but shall file separate returns for each such 8 registered business. 9 Beginning January 1, 1990, each month the Department 10 shall pay into the State and Local Tax Reform Fund, a special 11 fund in the State Treasury, the net revenue realized for the 12 preceding month from the 1% tax on sales of food for human 13 consumption which is to be consumed off the premises where it 14 is sold (other than alcoholic beverages, soft drinks and food 15 which has been prepared for immediate consumption) and 16 prescription and nonprescription medicines, drugs, medical 17 appliances and insulin, urine testing materials, syringes and 18 needles used by diabetics. 19 Beginning January 1, 1990, each month the Department 20 shall pay into the State and Local Sales Tax Reform Fund 20% 21 of the net revenue realized for the preceding month from the 22 6.25% general rate on transfers of tangible personal 23 property, other than tangible personal property which is 24 purchased outside Illinois at retail from a retailer and 25 which is titled or registered by an agency of this State's 26 government. 27 Of the remainder of the moneys received by the Department 28 pursuant to this Act, (a) 1.75% thereof shall be paid into 29 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 30 and on and after July 1, 1989, 3.8% thereof shall be paid 31 into the Build Illinois Fund; provided, however, that if in 32 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 33 as the case may be, of the moneys received by the Department 34 and required to be paid into the Build Illinois Fund pursuant SB1010 Enrolled -25- SRS91SB0007ABge 1 to Section 3 of the Retailers' Occupation Tax Act, Section 9 2 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 3 Section 9 of the Service Occupation Tax Act, such Acts being 4 hereinafter called the "Tax Acts" and such aggregate of 2.2% 5 or 3.8%, as the case may be, of moneys being hereinafter 6 called the "Tax Act Amount", and (2) the amount transferred 7 to the Build Illinois Fund from the State and Local Sales Tax 8 Reform Fund shall be less than the Annual Specified Amount 9 (as defined in Section 3 of the Retailers' Occupation Tax 10 Act), an amount equal to the difference shall be immediately 11 paid into the Build Illinois Fund from other moneys received 12 by the Department pursuant to the Tax Acts; and further 13 provided, that if on the last business day of any month the 14 sum of (1) the Tax Act Amount required to be deposited into 15 the Build Illinois Bond Account in the Build Illinois Fund 16 during such month and (2) the amount transferred during such 17 month to the Build Illinois Fund from the State and Local 18 Sales Tax Reform Fund shall have been less than 1/12 of the 19 Annual Specified Amount, an amount equal to the difference 20 shall be immediately paid into the Build Illinois Fund from 21 other moneys received by the Department pursuant to the Tax 22 Acts; and, further provided, that in no event shall the 23 payments required under the preceding proviso result in 24 aggregate payments into the Build Illinois Fund pursuant to 25 this clause (b) for any fiscal year in excess of the greater 26 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 27 for such fiscal year; and, further provided, that the amounts 28 payable into the Build Illinois Fund under this clause (b) 29 shall be payable only until such time as the aggregate amount 30 on deposit under each trust indenture securing Bonds issued 31 and outstanding pursuant to the Build Illinois Bond Act is 32 sufficient, taking into account any future investment income, 33 to fully provide, in accordance with such indenture, for the 34 defeasance of or the payment of the principal of, premium, if SB1010 Enrolled -26- SRS91SB0007ABge 1 any, and interest on the Bonds secured by such indenture and 2 on any Bonds expected to be issued thereafter and all fees 3 and costs payable with respect thereto, all as certified by 4 the Director of the Bureau of the Budget. If on the last 5 business day of any month in which Bonds are outstanding 6 pursuant to the Build Illinois Bond Act, the aggregate of the 7 moneys deposited in the Build Illinois Bond Account in the 8 Build Illinois Fund in such month shall be less than the 9 amount required to be transferred in such month from the 10 Build Illinois Bond Account to the Build Illinois Bond 11 Retirement and Interest Fund pursuant to Section 13 of the 12 Build Illinois Bond Act, an amount equal to such deficiency 13 shall be immediately paid from other moneys received by the 14 Department pursuant to the Tax Acts to the Build Illinois 15 Fund; provided, however, that any amounts paid to the Build 16 Illinois Fund in any fiscal year pursuant to this sentence 17 shall be deemed to constitute payments pursuant to clause (b) 18 of the preceding sentence and shall reduce the amount 19 otherwise payable for such fiscal year pursuant to clause (b) 20 of the preceding sentence. The moneys received by the 21 Department pursuant to this Act and required to be deposited 22 into the Build Illinois Fund are subject to the pledge, claim 23 and charge set forth in Section 12 of the Build Illinois Bond 24 Act. 25 Subject to payment of amounts into the Build Illinois 26 Fund as provided in the preceding paragraph or in any 27 amendment thereto hereafter enacted, the following specified 28 monthly installment of the amount requested in the 29 certificate of the Chairman of the Metropolitan Pier and 30 Exposition Authority provided under Section 8.25f of the 31 State Finance Act, but not in excess of the sums designated 32 as "Total Deposit", shall be deposited in the aggregate from 33 collections under Section 9 of the Use Tax Act, Section 9 of 34 the Service Use Tax Act, Section 9 of the Service Occupation SB1010 Enrolled -27- SRS91SB0007ABge 1 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 2 into the McCormick Place Expansion Project Fund in the 3 specified fiscal years. 4 Fiscal Year Total Deposit 5 1993 $0 6 1994 53,000,000 7 1995 58,000,000 8 1996 61,000,000 9 1997 64,000,000 10 1998 68,000,000 11 1999 71,000,000 12 2000 75,000,000 13 2001 80,000,000 14 2002 84,000,000 15 2003 89,000,000 16 2004 93,000,000 17 2005 97,000,000 18 2006 102,000,000 19 2007and108,000,000106,000,00020 2008 115,000,000 21 2009 120,000,000 22 2010 126,000,000 23 2011 132,000,000 24 2012 138,000,000 25 2013 and 145,000,000 26 each fiscal year 27 thereafter that bonds 28 are outstanding under 29 Section 13.2 of the 30 Metropolitan Pier and 31 Exposition Authority Act, 32 but not after fiscal year 2029. 33 Beginning July 20, 1993 and in each month of each fiscal 34 year thereafter, one-eighth of the amount requested in the SB1010 Enrolled -28- SRS91SB0007ABge 1 certificate of the Chairman of the Metropolitan Pier and 2 Exposition Authority for that fiscal year, less the amount 3 deposited into the McCormick Place Expansion Project Fund by 4 the State Treasurer in the respective month under subsection 5 (g) of Section 13 of the Metropolitan Pier and Exposition 6 Authority Act, plus cumulative deficiencies in the deposits 7 required under this Section for previous months and years, 8 shall be deposited into the McCormick Place Expansion Project 9 Fund, until the full amount requested for the fiscal year, 10 but not in excess of the amount specified above as "Total 11 Deposit", has been deposited. 12 Subject to payment of amounts into the Build Illinois 13 Fund and the McCormick Place Expansion Project Fund pursuant 14 to the preceding paragraphs or in any amendment thereto 15 hereafter enacted, each month the Department shall pay into 16 the Local Government Distributive Fund 0.4% of the net 17 revenue realized for the preceding month from the 5% general 18 rate or 0.4% of 80% of the net revenue realized for the 19 preceding month from the 6.25% general rate, as the case may 20 be, on the selling price of tangible personal property which 21 amount shall, subject to appropriation, be distributed as 22 provided in Section 2 of the State Revenue Sharing Act. No 23 payments or distributions pursuant to this paragraph shall be 24 made if the tax imposed by this Act on photo processing 25 products is declared unconstitutional, or if the proceeds 26 from such tax are unavailable for distribution because of 27 litigation. 28 Subject to payment of amounts into the Build Illinois 29 Fund, the McCormick Place Expansion Project Fund, and the 30 Local Government Distributive Fund pursuant to the preceding 31 paragraphs or in any amendments thereto hereafter enacted, 32 beginning July 1, 1993, the Department shall each month pay 33 into the Illinois Tax Increment Fund 0.27% of 80% of the net 34 revenue realized for the preceding month from the 6.25% SB1010 Enrolled -29- SRS91SB0007ABge 1 general rate on the selling price of tangible personal 2 property. 3 All remaining moneys received by the Department pursuant 4 to this Act shall be paid into the General Revenue Fund of 5 the State Treasury. 6 As soon as possible after the first day of each month, 7 upon certification of the Department of Revenue, the 8 Comptroller shall order transferred and the Treasurer shall 9 transfer from the General Revenue Fund to the Motor Fuel Tax 10 Fund an amount equal to 1.7% of 80% of the net revenue 11 realized under this Act for the second preceding month; 12 except that this transfer shall not be made for the months 13 February through June, 1992. 14 Net revenue realized for a month shall be the revenue 15 collected by the State pursuant to this Act, less the amount 16 paid out during that month as refunds to taxpayers for 17 overpayment of liability. 18 (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.) 19 Section 20. The Service Occupation Tax Act is amended by 20 changing Section 9 as follows: 21 (35 ILCS 115/9) (from Ch. 120, par. 439.109) 22 Sec. 9. Each serviceman required or authorized to 23 collect the tax herein imposed shall pay to the Department 24 the amount of such tax at the time when he is required to 25 file his return for the period during which such tax was 26 collectible, less a discount of 2.1% prior to January 1, 27 1990, and 1.75% on and after January 1, 1990, or $5 per 28 calendar year, whichever is greater, which is allowed to 29 reimburse the serviceman for expenses incurred in collecting 30 the tax, keeping records, preparing and filing returns, 31 remitting the tax and supplying data to the Department on 32 request. SB1010 Enrolled -30- SRS91SB0007ABge 1 Where such tangible personal property is sold under a 2 conditional sales contract, or under any other form of sale 3 wherein the payment of the principal sum, or a part thereof, 4 is extended beyond the close of the period for which the 5 return is filed, the serviceman, in collecting the tax may 6 collect, for each tax return period, only the tax applicable 7 to the part of the selling price actually received during 8 such tax return period. 9 Except as provided hereinafter in this Section, on or 10 before the twentieth day of each calendar month, such 11 serviceman shall file a return for the preceding calendar 12 month in accordance with reasonable rules and regulations to 13 be promulgated by the Department of Revenue. Such return 14 shall be filed on a form prescribed by the Department and 15 shall contain such information as the Department may 16 reasonably require. 17 The Department may require returns to be filed on a 18 quarterly basis. If so required, a return for each calendar 19 quarter shall be filed on or before the twentieth day of the 20 calendar month following the end of such calendar quarter. 21 The taxpayer shall also file a return with the Department for 22 each of the first two months of each calendar quarter, on or 23 before the twentieth day of the following calendar month, 24 stating: 25 1. The name of the seller; 26 2. The address of the principal place of business 27 from which he engages in business as a serviceman in this 28 State; 29 3. The total amount of taxable receipts received by 30 him during the preceding calendar month, including 31 receipts from charge and time sales, but less all 32 deductions allowed by law; 33 4. The amount of credit provided in Section 2d of 34 this Act; SB1010 Enrolled -31- SRS91SB0007ABge 1 5. The amount of tax due; 2 5-5. The signature of the taxpayer; and 3 6. Such other reasonable information as the 4 Department may require. 5 If a taxpayer fails to sign a return within 30 days after 6 the proper notice and demand for signature by the Department, 7 the return shall be considered valid and any amount shown to 8 be due on the return shall be deemed assessed. 9 A serviceman may accept a Manufacturer's Purchase Credit 10 certification from a purchaser in satisfaction of Service Use 11 Tax as provided in Section 3-70 of the Service Use Tax Act if 12 the purchaser provides the appropriate documentation as 13 required by Section 3-70 of the Service Use Tax Act. A 14 Manufacturer's Purchase Credit certification, accepted by a 15 serviceman as provided in Section 3-70 of the Service Use Tax 16 Act, may be used by that serviceman to satisfy Service 17 Occupation Tax liability in the amount claimed in the 18 certification, not to exceed 6.25% of the receipts subject to 19 tax from a qualifying purchase. 20 If the serviceman's average monthly tax liability to the 21 Department does not exceed $200, the Department may authorize 22 his returns to be filed on a quarter annual basis, with the 23 return for January, February and March of a given year being 24 due by April 20 of such year; with the return for April, May 25 and June of a given year being due by July 20 of such year; 26 with the return for July, August and September of a given 27 year being due by October 20 of such year, and with the 28 return for October, November and December of a given year 29 being due by January 20 of the following year. 30 If the serviceman's average monthly tax liability to the 31 Department does not exceed $50, the Department may authorize 32 his returns to be filed on an annual basis, with the return 33 for a given year being due by January 20 of the following 34 year. SB1010 Enrolled -32- SRS91SB0007ABge 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 Act 5 concerning the time within which a serviceman may file his 6 return, in the case of any serviceman who ceases to engage in 7 a kind of business which makes him responsible for filing 8 returns under this Act, such serviceman shall file a final 9 return under this Act with the Department not more than 1 10 month after discontinuing such business. 11 Beginning October 1, 1993, a taxpayer who has an average 12 monthly tax liability of $150,000 or more shall make all 13 payments required by rules of the Department by electronic 14 funds transfer. Beginning October 1, 1994, a taxpayer who 15 has an average monthly tax liability of $100,000 or more 16 shall make all payments required by rules of the Department 17 by electronic funds transfer. Beginning October 1, 1995, a 18 taxpayer who has an average monthly tax liability of $50,000 19 or more shall make all payments required by rules of the 20 Department by electronic funds transfer. The term "average 21 monthly tax liability" means the sum of the taxpayer's 22 liabilities under this Act, and under all other State and 23 local occupation and use tax laws administered by the 24 Department, for the immediately preceding calendar year 25 divided by 12. 26 Before August 1 of each year beginning in 1993, the 27 Department shall notify all taxpayers required to make 28 payments by electronic funds transfer. All taxpayers 29 required to make payments by electronic funds transfer shall 30 make those payments for a minimum of one year beginning on 31 October 1. 32 Any taxpayer not required to make payments by electronic 33 funds transfer may make payments by electronic funds transfer 34 with the permission of the Department. SB1010 Enrolled -33- SRS91SB0007ABge 1 All taxpayers required to make payment by electronic 2 funds transfer and any taxpayers authorized to voluntarily 3 make payments by electronic funds transfer shall make those 4 payments in the manner authorized by the Department. 5 The Department shall adopt such rules as are necessary to 6 effectuate a program of electronic funds transfer and the 7 requirements of this Section. 8 Where a serviceman collects the tax with respect to the 9 selling price of tangible personal property which he sells 10 and the purchaser thereafter returns such tangible personal 11 property and the serviceman refunds the selling price thereof 12 to the purchaser, such serviceman shall also refund, to the 13 purchaser, the tax so collected from the purchaser. When 14 filing his return for the period in which he refunds such tax 15 to the purchaser, the serviceman may deduct the amount of the 16 tax so refunded by him to the purchaser from any other 17 Service Occupation Tax, Service Use Tax, Retailers' 18 Occupation Tax or Use Tax which such serviceman may be 19 required to pay or remit to the Department, as shown by such 20 return, provided that the amount of the tax to be deducted 21 shall previously have been remitted to the Department by such 22 serviceman. If the serviceman shall not previously have 23 remitted the amount of such tax to the Department, he shall 24 be entitled to no deduction hereunder upon refunding such tax 25 to the purchaser. 26 If experience indicates such action to be practicable, 27 the Department may prescribe and furnish a combination or 28 joint return which will enable servicemen, who are required 29 to file returns hereunder and also under the Retailers' 30 Occupation Tax Act, the Use Tax Act or the Service Use Tax 31 Act, to furnish all the return information required by all 32 said Acts on the one form. 33 Where the serviceman has more than one business 34 registered with the Department under separate registrations SB1010 Enrolled -34- SRS91SB0007ABge 1 hereunder, such serviceman shall file separate returns for 2 each registered business. 3 Beginning January 1, 1990, each month the Department 4 shall pay into the Local Government Tax Fund the revenue 5 realized for the preceding month from the 1% tax on sales of 6 food for human consumption which is to be consumed off the 7 premises where it is sold (other than alcoholic beverages, 8 soft drinks and food which has been prepared for immediate 9 consumption) and prescription and nonprescription medicines, 10 drugs, medical appliances and insulin, urine testing 11 materials, syringes and needles used by diabetics. 12 Beginning January 1, 1990, each month the Department 13 shall pay into the County and Mass Transit District Fund 4% 14 of the revenue realized for the preceding month from the 15 6.25% general rate. 16 Beginning January 1, 1990, each month the Department 17 shall pay into the Local Government Tax Fund 16% of the 18 revenue realized for the preceding month from the 6.25% 19 general rate on transfers of tangible personal property. 20 Of the remainder of the moneys received by the Department 21 pursuant to this Act, (a) 1.75% thereof shall be paid into 22 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 23 and on and after July 1, 1989, 3.8% thereof shall be paid 24 into the Build Illinois Fund; provided, however, that if in 25 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 26 as the case may be, of the moneys received by the Department 27 and required to be paid into the Build Illinois Fund pursuant 28 to Section 3 of the Retailers' Occupation Tax Act, Section 9 29 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 30 Section 9 of the Service Occupation Tax Act, such Acts being 31 hereinafter called the "Tax Acts" and such aggregate of 2.2% 32 or 3.8%, as the case may be, of moneys being hereinafter 33 called the "Tax Act Amount", and (2) the amount transferred 34 to the Build Illinois Fund from the State and Local Sales Tax SB1010 Enrolled -35- SRS91SB0007ABge 1 Reform Fund shall be less than the Annual Specified Amount 2 (as defined in Section 3 of the Retailers' Occupation Tax 3 Act), an amount equal to the difference shall be immediately 4 paid into the Build Illinois Fund from other moneys received 5 by the Department pursuant to the Tax Acts; and further 6 provided, that if on the last business day of any month the 7 sum of (1) the Tax Act Amount required to be deposited into 8 the Build Illinois Account in the Build Illinois Fund during 9 such month and (2) the amount transferred during such month 10 to the Build Illinois Fund from the State and Local Sales Tax 11 Reform Fund shall have been less than 1/12 of the Annual 12 Specified Amount, an amount equal to the difference shall be 13 immediately paid into the Build Illinois Fund from other 14 moneys received by the Department pursuant to the Tax Acts; 15 and, further provided, that in no event shall the payments 16 required under the preceding proviso result in aggregate 17 payments into the Build Illinois Fund pursuant to this clause 18 (b) for any fiscal year in excess of the greater of (i) the 19 Tax Act Amount or (ii) the Annual Specified Amount for such 20 fiscal year; and, further provided, that the amounts payable 21 into the Build Illinois Fund under this clause (b) shall be 22 payable only until such time as the aggregate amount on 23 deposit under each trust indenture securing Bonds issued and 24 outstanding pursuant to the Build Illinois Bond Act is 25 sufficient, taking into account any future investment income, 26 to fully provide, in accordance with such indenture, for the 27 defeasance of or the payment of the principal of, premium, if 28 any, and interest on the Bonds secured by such indenture and 29 on any Bonds expected to be issued thereafter and all fees 30 and costs payable with respect thereto, all as certified by 31 the Director of the Bureau of the Budget. If on the last 32 business day of any month in which Bonds are outstanding 33 pursuant to the Build Illinois Bond Act, the aggregate of the 34 moneys deposited in the Build Illinois Bond Account in the SB1010 Enrolled -36- SRS91SB0007ABge 1 Build Illinois Fund in such month shall be less than the 2 amount required to be transferred in such month from the 3 Build Illinois Bond Account to the Build Illinois Bond 4 Retirement and Interest Fund pursuant to Section 13 of the 5 Build Illinois Bond Act, an amount equal to such deficiency 6 shall be immediately paid from other moneys received by the 7 Department pursuant to the Tax Acts to the Build Illinois 8 Fund; provided, however, that any amounts paid to the Build 9 Illinois Fund in any fiscal year pursuant to this sentence 10 shall be deemed to constitute payments pursuant to clause (b) 11 of the preceding sentence and shall reduce the amount 12 otherwise payable for such fiscal year pursuant to clause (b) 13 of the preceding sentence. The moneys received by the 14 Department pursuant to this Act and required to be deposited 15 into the Build Illinois Fund are subject to the pledge, claim 16 and charge set forth in Section 12 of the Build Illinois Bond 17 Act. 18 Subject to payment of amounts into the Build Illinois 19 Fund as provided in the preceding paragraph or in any 20 amendment thereto hereafter enacted, the following specified 21 monthly installment of the amount requested in the 22 certificate of the Chairman of the Metropolitan Pier and 23 Exposition Authority provided under Section 8.25f of the 24 State Finance Act, but not in excess of the sums designated 25 as "Total Deposit", shall be deposited in the aggregate from 26 collections under Section 9 of the Use Tax Act, Section 9 of 27 the Service Use Tax Act, Section 9 of the Service Occupation 28 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 29 into the McCormick Place Expansion Project Fund in the 30 specified fiscal years. 31 Fiscal Year Total Deposit 32 1993 $0 33 1994 53,000,000 34 1995 58,000,000 SB1010 Enrolled -37- SRS91SB0007ABge 1 1996 61,000,000 2 1997 64,000,000 3 1998 68,000,000 4 1999 71,000,000 5 2000 75,000,000 6 2001 80,000,000 7 2002 84,000,000 8 2003 89,000,000 9 2004 93,000,000 10 2005 97,000,000 11 2006 102,000,000 12 2007and108,000,000106,000,00013 2008 115,000,000 14 2009 120,000,000 15 2010 126,000,000 16 2011 132,000,000 17 2012 138,000,000 18 2013 and 145,000,000 19 each fiscal year 20 thereafter that bonds 21 are outstanding under 22 Section 13.2 of the 23 Metropolitan Pier and 24 Exposition Authority 25 Act, but not after fiscal year 2029. 26 Beginning July 20, 1993 and in each month of each fiscal 27 year thereafter, one-eighth of the amount requested in the 28 certificate of the Chairman of the Metropolitan Pier and 29 Exposition Authority for that fiscal year, less the amount 30 deposited into the McCormick Place Expansion Project Fund by 31 the State Treasurer in the respective month under subsection 32 (g) of Section 13 of the Metropolitan Pier and Exposition 33 Authority Act, plus cumulative deficiencies in the deposits 34 required under this Section for previous months and years, SB1010 Enrolled -38- SRS91SB0007ABge 1 shall be deposited into the McCormick Place Expansion Project 2 Fund, until the full amount requested for the fiscal year, 3 but not in excess of the amount specified above as "Total 4 Deposit", has been deposited. 5 Subject to payment of amounts into the Build Illinois 6 Fund and the McCormick Place Expansion Project Fund pursuant 7 to the preceding paragraphs or in any amendment thereto 8 hereafter enacted, each month the Department shall pay into 9 the Local Government Distributive Fund 0.4% of the net 10 revenue realized for the preceding month from the 5% general 11 rate or 0.4% of 80% of the net revenue realized for the 12 preceding month from the 6.25% general rate, as the case may 13 be, on the selling price of tangible personal property which 14 amount shall, subject to appropriation, be distributed as 15 provided in Section 2 of the State Revenue Sharing Act. No 16 payments or distributions pursuant to this paragraph shall be 17 made if the tax imposed by this Act on photoprocessing 18 products is declared unconstitutional, or if the proceeds 19 from such tax are unavailable for distribution because of 20 litigation. 21 Subject to payment of amounts into the Build Illinois 22 Fund, the McCormick Place Expansion Project Fund, and the 23 Local Government Distributive Fund pursuant to the preceding 24 paragraphs or in any amendments thereto hereafter enacted, 25 beginning July 1, 1993, the Department shall each month pay 26 into the Illinois Tax Increment Fund 0.27% of 80% of the net 27 revenue realized for the preceding month from the 6.25% 28 general rate on the selling price of tangible personal 29 property. 30 Remaining moneys received by the Department pursuant to 31 this Act shall be paid into the General Revenue Fund of the 32 State Treasury. 33 The Department may, upon separate written notice to a 34 taxpayer, require the taxpayer to prepare and file with the SB1010 Enrolled -39- SRS91SB0007ABge 1 Department on a form prescribed by the Department within not 2 less than 60 days after receipt of the notice an annual 3 information return for the tax year specified in the notice. 4 Such annual return to the Department shall include a 5 statement of gross receipts as shown by the taxpayer's last 6 Federal income tax return. If the total receipts of the 7 business as reported in the Federal income tax return do not 8 agree with the gross receipts reported to the Department of 9 Revenue for the same period, the taxpayer shall attach to his 10 annual return a schedule showing a reconciliation of the 2 11 amounts and the reasons for the difference. The taxpayer's 12 annual return to the Department shall also disclose the cost 13 of goods sold by the taxpayer during the year covered by such 14 return, opening and closing inventories of such goods for 15 such year, cost of goods used from stock or taken from stock 16 and given away by the taxpayer during such year, pay roll 17 information of the taxpayer's business during such year and 18 any additional reasonable information which the Department 19 deems would be helpful in determining the accuracy of the 20 monthly, quarterly or annual returns filed by such taxpayer 21 as hereinbefore provided for in this Section. 22 If the annual information return required by this Section 23 is not filed when and as required, the taxpayer shall be 24 liable as follows: 25 (i) Until January 1, 1994, the taxpayer shall be 26 liable for a penalty equal to 1/6 of 1% of the tax due 27 from such taxpayer under this Act during the period to be 28 covered by the annual return for each month or fraction 29 of a month until such return is filed as required, the 30 penalty to be assessed and collected in the same manner 31 as any other penalty provided for in this Act. 32 (ii) On and after January 1, 1994, the taxpayer 33 shall be liable for a penalty as described in Section 3-4 34 of the Uniform Penalty and Interest Act. SB1010 Enrolled -40- SRS91SB0007ABge 1 The chief executive officer, proprietor, owner or highest 2 ranking manager shall sign the annual return to certify the 3 accuracy of the information contained therein. Any person 4 who willfully signs the annual return containing false or 5 inaccurate information shall be guilty of perjury and 6 punished accordingly. The annual return form prescribed by 7 the Department shall include a warning that the person 8 signing the return may be liable for perjury. 9 The foregoing portion of this Section concerning the 10 filing of an annual information return shall not apply to a 11 serviceman who is not required to file an income tax return 12 with the United States Government. 13 As soon as possible after the first day of each month, 14 upon certification of the Department of Revenue, the 15 Comptroller shall order transferred and the Treasurer shall 16 transfer from the General Revenue Fund to the Motor Fuel Tax 17 Fund an amount equal to 1.7% of 80% of the net revenue 18 realized under this Act for the second preceding month; 19 except that this transfer shall not be made for the months 20 February through June, 1992. 21 Net revenue realized for a month shall be the revenue 22 collected by the State pursuant to this Act, less the amount 23 paid out during that month as refunds to taxpayers for 24 overpayment of liability. 25 For greater simplicity of administration, it shall be 26 permissible for manufacturers, importers and wholesalers 27 whose products are sold by numerous servicemen in Illinois, 28 and who wish to do so, to assume the responsibility for 29 accounting and paying to the Department all tax accruing 30 under this Act with respect to such sales, if the servicemen 31 who are affected do not make written objection to the 32 Department to this arrangement. 33 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 34 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff. SB1010 Enrolled -41- SRS91SB0007ABge 1 7-8-98.) 2 Section 25. The Retailers' Occupation Tax Act is amended 3 by changing Section 3 as follows: 4 (35 ILCS 120/3) (from Ch. 120, par. 442) 5 Sec. 3. Except as provided in this Section, on or before 6 the twentieth day of each calendar month, every person 7 engaged in the business of selling tangible personal property 8 at retail in this State during the preceding calendar month 9 shall file a return with the Department, stating: 10 1. The name of the seller; 11 2. His residence address and the address of his 12 principal place of business and the address of the 13 principal place of business (if that is a different 14 address) from which he engages in the business of selling 15 tangible personal property at retail in this State; 16 3. Total amount of receipts received by him during 17 the preceding calendar month or quarter, as the case may 18 be, from sales of tangible personal property, and from 19 services furnished, by him during such preceding calendar 20 month or quarter; 21 4. Total amount received by him during the 22 preceding calendar month or quarter on charge and time 23 sales of tangible personal property, and from services 24 furnished, by him prior to the month or quarter for which 25 the return is filed; 26 5. Deductions allowed by law; 27 6. Gross receipts which were received by him during 28 the preceding calendar month or quarter and upon the 29 basis of which the tax is imposed; 30 7. The amount of credit provided in Section 2d of 31 this Act; 32 8. The amount of tax due; SB1010 Enrolled -42- SRS91SB0007ABge 1 9. The signature of the taxpayer; and 2 10. Such other reasonable information as the 3 Department may require. 4 If a taxpayer fails to sign a return within 30 days after 5 the proper notice and demand for signature by the Department, 6 the return shall be considered valid and any amount shown to 7 be due on the return shall be deemed assessed. 8 Each return shall be accompanied by the statement of 9 prepaid tax issued pursuant to Section 2e for which credit is 10 claimed. 11 A retailer may accept a Manufacturer's Purchase Credit 12 certification from a purchaser in satisfaction of Use Tax as 13 provided in Section 3-85 of the Use Tax Act if the purchaser 14 provides the appropriate documentation as required by Section 15 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit 16 certification, accepted by a retailer as provided in Section 17 3-85 of the Use Tax Act, may be used by that retailer to 18 satisfy Retailers' Occupation Tax liability in the amount 19 claimed in the certification, not to exceed 6.25% of the 20 receipts subject to tax from a qualifying purchase. 21 The Department may require returns to be filed on a 22 quarterly basis. If so required, a return for each calendar 23 quarter shall be filed on or before the twentieth day of the 24 calendar month following the end of such calendar quarter. 25 The taxpayer shall also file a return with the Department for 26 each of the first two months of each calendar quarter, on or 27 before the twentieth day of the following calendar month, 28 stating: 29 1. The name of the seller; 30 2. The address of the principal place of business 31 from which he engages in the business of selling tangible 32 personal property at retail in this State; 33 3. The total amount of taxable receipts received by 34 him during the preceding calendar month from sales of SB1010 Enrolled -43- SRS91SB0007ABge 1 tangible personal property by him during such preceding 2 calendar month, including receipts from charge and time 3 sales, but less all deductions allowed by law; 4 4. The amount of credit provided in Section 2d of 5 this Act; 6 5. The amount of tax due; and 7 6. Such other reasonable information as the 8 Department may require. 9 If a total amount of less than $1 is payable, refundable 10 or creditable, such amount shall be disregarded if it is less 11 than 50 cents and shall be increased to $1 if it is 50 cents 12 or more. 13 Beginning October 1, 1993, a taxpayer who has an average 14 monthly tax liability of $150,000 or more shall make all 15 payments required by rules of the Department by electronic 16 funds transfer. Beginning October 1, 1994, a taxpayer who 17 has an average monthly tax liability of $100,000 or more 18 shall make all payments required by rules of the Department 19 by electronic funds transfer. Beginning October 1, 1995, a 20 taxpayer who has an average monthly tax liability of $50,000 21 or more shall make all payments required by rules of the 22 Department by electronic funds transfer. The term "average 23 monthly tax liability" shall be the sum of the taxpayer's 24 liabilities under this Act, and under all other State and 25 local occupation and use tax laws administered by the 26 Department, for the immediately preceding calendar year 27 divided by 12. 28 Before August 1 of each year beginning in 1993, the 29 Department shall notify all taxpayers required to make 30 payments by electronic funds transfer. All taxpayers 31 required to make payments by electronic funds transfer shall 32 make those payments for a minimum of one year beginning on 33 October 1. 34 Any taxpayer not required to make payments by electronic SB1010 Enrolled -44- SRS91SB0007ABge 1 funds transfer may make payments by electronic funds transfer 2 with the permission of the Department. 3 All taxpayers required to make payment by electronic 4 funds transfer and any taxpayers authorized to voluntarily 5 make payments by electronic funds transfer shall make those 6 payments in the manner authorized by the Department. 7 The Department shall adopt such rules as are necessary to 8 effectuate a program of electronic funds transfer and the 9 requirements of this Section. 10 Any amount which is required to be shown or reported on 11 any return or other document under this Act shall, if such 12 amount is not a whole-dollar amount, be increased to the 13 nearest whole-dollar amount in any case where the fractional 14 part of a dollar is 50 cents or more, and decreased to the 15 nearest whole-dollar amount where the fractional part of a 16 dollar is less than 50 cents. 17 If the retailer is otherwise required to file a monthly 18 return and if the retailer's average monthly tax liability to 19 the Department does not exceed $200, the Department may 20 authorize his returns to be filed on a quarter annual basis, 21 with the return for January, February and March of a given 22 year being due by April 20 of such year; with the return for 23 April, May and June of a given year being due by July 20 of 24 such year; with the return for July, August and September of 25 a given year being due by October 20 of such year, and with 26 the return for October, November and December of a given year 27 being due by January 20 of the following year. 28 If the retailer is otherwise required to file a monthly 29 or quarterly return and if the retailer's average monthly tax 30 liability with the Department does not exceed $50, the 31 Department may authorize his returns to be filed on an annual 32 basis, with the return for a given year being due by January 33 20 of the following year. 34 Such quarter annual and annual returns, as to form and SB1010 Enrolled -45- SRS91SB0007ABge 1 substance, shall be subject to the same requirements as 2 monthly returns. 3 Notwithstanding any other provision in this Act 4 concerning the time within which a retailer may file his 5 return, in the case of any retailer who ceases to engage in a 6 kind of business which makes him responsible for filing 7 returns under this Act, such retailer shall file a final 8 return under this Act with the Department not more than one 9 month after discontinuing such business. 10 Where the same person has more than one business 11 registered with the Department under separate registrations 12 under this Act, such person may not file each return that is 13 due as a single return covering all such registered 14 businesses, but shall file separate returns for each such 15 registered business. 16 In addition, with respect to motor vehicles, watercraft, 17 aircraft, and trailers that are required to be registered 18 with an agency of this State, every retailer selling this 19 kind of tangible personal property shall file, with the 20 Department, upon a form to be prescribed and supplied by the 21 Department, a separate return for each such item of tangible 22 personal property which the retailer sells, except that 23 where, in the same transaction, a retailer of aircraft, 24 watercraft, motor vehicles or trailers transfers more than 25 one aircraft, watercraft, motor vehicle or trailer to another 26 aircraft, watercraft, motor vehicle retailer or trailer 27 retailer for the purpose of resale, that seller for resale 28 may report the transfer of all aircraft, watercraft, motor 29 vehicles or trailers involved in that transaction to the 30 Department on the same uniform invoice-transaction reporting 31 return form. For purposes of this Section, "watercraft" 32 means a Class 2, Class 3, or Class 4 watercraft as defined in 33 Section 3-2 of the Boat Registration and Safety Act, a 34 personal watercraft, or any boat equipped with an inboard SB1010 Enrolled -46- SRS91SB0007ABge 1 motor. 2 Any retailer who sells only motor vehicles, watercraft, 3 aircraft, or trailers that are required to be registered with 4 an agency of this State, so that all retailers' occupation 5 tax liability is required to be reported, and is reported, on 6 such transaction reporting returns and who is not otherwise 7 required to file monthly or quarterly returns, need not file 8 monthly or quarterly returns. However, those retailers shall 9 be required to file returns on an annual basis. 10 The transaction reporting return, in the case of motor 11 vehicles or trailers that are required to be registered with 12 an agency of this State, shall be the same document as the 13 Uniform Invoice referred to in Section 5-402 of The Illinois 14 Vehicle Code and must show the name and address of the 15 seller; the name and address of the purchaser; the amount of 16 the selling price including the amount allowed by the 17 retailer for traded-in property, if any; the amount allowed 18 by the retailer for the traded-in tangible personal property, 19 if any, to the extent to which Section 1 of this Act allows 20 an exemption for the value of traded-in property; the balance 21 payable after deducting such trade-in allowance from the 22 total selling price; the amount of tax due from the retailer 23 with respect to such transaction; the amount of tax collected 24 from the purchaser by the retailer on such transaction (or 25 satisfactory evidence that such tax is not due in that 26 particular instance, if that is claimed to be the fact); the 27 place and date of the sale; a sufficient identification of 28 the property sold; such other information as is required in 29 Section 5-402 of The Illinois Vehicle Code, and such other 30 information as the Department may reasonably require. 31 The transaction reporting return in the case of 32 watercraft or aircraft must show the name and address of the 33 seller; the name and address of the purchaser; the amount of 34 the selling price including the amount allowed by the SB1010 Enrolled -47- SRS91SB0007ABge 1 retailer for traded-in property, if any; the amount allowed 2 by the retailer for the traded-in tangible personal property, 3 if any, to the extent to which Section 1 of this Act allows 4 an exemption for the value of traded-in property; the balance 5 payable after deducting such trade-in allowance from the 6 total selling price; the amount of tax due from the retailer 7 with respect to such transaction; the amount of tax collected 8 from the purchaser by the retailer on such transaction (or 9 satisfactory evidence that such tax is not due in that 10 particular instance, if that is claimed to be the fact); the 11 place and date of the sale, a sufficient identification of 12 the property sold, and such other information as the 13 Department may reasonably require. 14 Such transaction reporting return shall be filed not 15 later than 20 days after the day of delivery of the item that 16 is being sold, but may be filed by the retailer at any time 17 sooner than that if he chooses to do so. The transaction 18 reporting return and tax remittance or proof of exemption 19 from the Illinois use tax may be transmitted to the 20 Department by way of the State agency with which, or State 21 officer with whom the tangible personal property must be 22 titled or registered (if titling or registration is required) 23 if the Department and such agency or State officer determine 24 that this procedure will expedite the processing of 25 applications for title or registration. 26 With each such transaction reporting return, the retailer 27 shall remit the proper amount of tax due (or shall submit 28 satisfactory evidence that the sale is not taxable if that is 29 the case), to the Department or its agents, whereupon the 30 Department shall issue, in the purchaser's name, a use tax 31 receipt (or a certificate of exemption if the Department is 32 satisfied that the particular sale is tax exempt) which such 33 purchaser may submit to the agency with which, or State 34 officer with whom, he must title or register the tangible SB1010 Enrolled -48- SRS91SB0007ABge 1 personal property that is involved (if titling or 2 registration is required) in support of such purchaser's 3 application for an Illinois certificate or other evidence of 4 title or registration to such tangible personal property. 5 No retailer's failure or refusal to remit tax under this 6 Act precludes a user, who has paid the proper tax to the 7 retailer, from obtaining his certificate of title or other 8 evidence of title or registration (if titling or registration 9 is required) upon satisfying the Department that such user 10 has paid the proper tax (if tax is due) to the retailer. The 11 Department shall adopt appropriate rules to carry out the 12 mandate of this paragraph. 13 If the user who would otherwise pay tax to the retailer 14 wants the transaction reporting return filed and the payment 15 of the tax or proof of exemption made to the Department 16 before the retailer is willing to take these actions and such 17 user has not paid the tax to the retailer, such user may 18 certify to the fact of such delay by the retailer and may 19 (upon the Department being satisfied of the truth of such 20 certification) transmit the information required by the 21 transaction reporting return and the remittance for tax or 22 proof of exemption directly to the Department and obtain his 23 tax receipt or exemption determination, in which event the 24 transaction reporting return and tax remittance (if a tax 25 payment was required) shall be credited by the Department to 26 the proper retailer's account with the Department, but 27 without the 2.1% or 1.75% discount provided for in this 28 Section being allowed. When the user pays the tax directly 29 to the Department, he shall pay the tax in the same amount 30 and in the same form in which it would be remitted if the tax 31 had been remitted to the Department by the retailer. 32 Refunds made by the seller during the preceding return 33 period to purchasers, on account of tangible personal 34 property returned to the seller, shall be allowed as a SB1010 Enrolled -49- SRS91SB0007ABge 1 deduction under subdivision 5 of his monthly or quarterly 2 return, as the case may be, in case the seller had 3 theretofore included the receipts from the sale of such 4 tangible personal property in a return filed by him and had 5 paid the tax imposed by this Act with respect to such 6 receipts. 7 Where the seller is a corporation, the return filed on 8 behalf of such corporation shall be signed by the president, 9 vice-president, secretary or treasurer or by the properly 10 accredited agent of such corporation. 11 Where the seller is a limited liability company, the 12 return filed on behalf of the limited liability company shall 13 be signed by a manager, member, or properly accredited agent 14 of the limited liability company. 15 Except as provided in this Section, the retailer filing 16 the return under this Section shall, at the time of filing 17 such return, pay to the Department the amount of tax imposed 18 by this Act less a discount of 2.1% prior to January 1, 1990 19 and 1.75% on and after January 1, 1990, or $5 per calendar 20 year, whichever is greater, which is allowed to reimburse the 21 retailer for the expenses incurred in keeping records, 22 preparing and filing returns, remitting the tax and supplying 23 data to the Department on request. Any prepayment made 24 pursuant to Section 2d of this Act shall be included in the 25 amount on which such 2.1% or 1.75% discount is computed. In 26 the case of retailers who report and pay the tax on a 27 transaction by transaction basis, as provided in this 28 Section, such discount shall be taken with each such tax 29 remittance instead of when such retailer files his periodic 30 return. 31 If the taxpayer's average monthly tax liability to the 32 Department under this Act, the Use Tax Act, the Service 33 Occupation Tax Act, and the Service Use Tax Act, excluding 34 any liability for prepaid sales tax to be remitted in SB1010 Enrolled -50- SRS91SB0007ABge 1 accordance with Section 2d of this Act, was $10,000 or more 2 during the preceding 4 complete calendar quarters, he shall 3 file a return with the Department each month by the 20th day 4 of the month next following the month during which such tax 5 liability is incurred and shall make payments to the 6 Department on or before the 7th, 15th, 22nd and last day of 7 the month during which such liability is incurred. If the 8 month during which such tax liability is incurred began prior 9 to January 1, 1985, each payment shall be in an amount equal 10 to 1/4 of the taxpayer's actual liability for the month or an 11 amount set by the Department not to exceed 1/4 of the average 12 monthly liability of the taxpayer to the Department for the 13 preceding 4 complete calendar quarters (excluding the month 14 of highest liability and the month of lowest liability in 15 such 4 quarter period). If the month during which such tax 16 liability is incurred begins on or after January 1, 1985 and 17 prior to January 1, 1987, each payment shall be in an amount 18 equal to 22.5% of the taxpayer's actual liability for the 19 month or 27.5% of the taxpayer's liability for the same 20 calendar month of the preceding year. If the month during 21 which such tax liability is incurred begins on or after 22 January 1, 1987 and prior to January 1, 1988, each payment 23 shall be in an amount equal to 22.5% of the taxpayer's actual 24 liability for the month or 26.25% of the taxpayer's liability 25 for the same calendar month of the preceding year. If the 26 month during which such tax liability is incurred begins on 27 or after January 1, 1988, and prior to January 1, 1989, or 28 begins on or after January 1, 1996, each payment shall be in 29 an amount equal to 22.5% of the taxpayer's actual liability 30 for the month or 25% of the taxpayer's liability for the same 31 calendar month of the preceding year. If the month during 32 which such tax liability is incurred begins on or after 33 January 1, 1989, and prior to January 1, 1996, each payment 34 shall be in an amount equal to 22.5% of the taxpayer's actual SB1010 Enrolled -51- SRS91SB0007ABge 1 liability for the month or 25% of the taxpayer's liability 2 for the same calendar month of the preceding year or 100% of 3 the taxpayer's actual liability for the quarter monthly 4 reporting period. The amount of such quarter monthly 5 payments shall be credited against the final tax liability of 6 the taxpayer's return for that month. Once applicable, the 7 requirement of the making of quarter monthly payments to the 8 Department by taxpayers having an average monthly tax 9 liability of $10,000 or more as determined in the manner 10 provided above shall continue until such taxpayer's average 11 monthly liability to the Department during the preceding 4 12 complete calendar quarters (excluding the month of highest 13 liability and the month of lowest liability) is less than 14 $9,000, or until such taxpayer's average monthly liability to 15 the Department as computed for each calendar quarter of the 4 16 preceding complete calendar quarter period is less than 17 $10,000. However, if a taxpayer can show the Department that 18 a substantial change in the taxpayer's business has occurred 19 which causes the taxpayer to anticipate that his average 20 monthly tax liability for the reasonably foreseeable future 21 will fall below $10,000, then such taxpayer may petition the 22 Department for a change in such taxpayer's reporting status. 23 The Department shall change such taxpayer's reporting status 24 unless it finds that such change is seasonal in nature and 25 not likely to be long term. If any such quarter monthly 26 payment is not paid at the time or in the amount required by 27 this Section, then the taxpayer shall be liable for penalties 28 and interest on the difference between the minimum amount due 29 as a payment and the amount of such quarter monthly payment 30 actually and timely paid, except insofar as the taxpayer has 31 previously made payments for that month to the Department in 32 excess of the minimum payments previously due as provided in 33 this Section. The Department shall make reasonable rules and 34 regulations to govern the quarter monthly payment amount and SB1010 Enrolled -52- SRS91SB0007ABge 1 quarter monthly payment dates for taxpayers who file on other 2 than a calendar monthly basis. 3 Without regard to whether a taxpayer is required to make 4 quarter monthly payments as specified above, any taxpayer who 5 is required by Section 2d of this Act to collect and remit 6 prepaid taxes and has collected prepaid taxes which average 7 in excess of $25,000 per month during the preceding 2 8 complete calendar quarters, shall file a return with the 9 Department as required by Section 2f and shall make payments 10 to the Department on or before the 7th, 15th, 22nd and last 11 day of the month during which such liability is incurred. If 12 the month during which such tax liability is incurred began 13 prior to the effective date of this amendatory Act of 1985, 14 each payment shall be in an amount not less than 22.5% of the 15 taxpayer's actual liability under Section 2d. If the month 16 during which such tax liability is incurred begins on or 17 after January 1, 1986, each payment shall be in an amount 18 equal to 22.5% of the taxpayer's actual liability for the 19 month or 27.5% of the taxpayer's liability for the same 20 calendar month of the preceding calendar year. If the month 21 during which such tax liability is incurred begins on or 22 after January 1, 1987, each payment shall be in an amount 23 equal to 22.5% of the taxpayer's actual liability for the 24 month or 26.25% of the taxpayer's liability for the same 25 calendar month of the preceding year. The amount of such 26 quarter monthly payments shall be credited against the final 27 tax liability of the taxpayer's return for that month filed 28 under this Section or Section 2f, as the case may be. Once 29 applicable, the requirement of the making of quarter monthly 30 payments to the Department pursuant to this paragraph shall 31 continue until such taxpayer's average monthly prepaid tax 32 collections during the preceding 2 complete calendar quarters 33 is $25,000 or less. If any such quarter monthly payment is 34 not paid at the time or in the amount required, the taxpayer SB1010 Enrolled -53- SRS91SB0007ABge 1 shall be liable for penalties and interest on such 2 difference, except insofar as the taxpayer has previously 3 made payments for that month in excess of the minimum 4 payments previously due. 5 If any payment provided for in this Section exceeds the 6 taxpayer's liabilities under this Act, the Use Tax Act, the 7 Service Occupation Tax Act and the Service Use Tax Act, as 8 shown on an original monthly return, the Department shall, if 9 requested by the taxpayer, issue to the taxpayer a credit 10 memorandum no later than 30 days after the date of payment. 11 The credit evidenced by such credit memorandum may be 12 assigned by the taxpayer to a similar taxpayer under this 13 Act, the Use Tax Act, the Service Occupation Tax Act or the 14 Service Use Tax Act, in accordance with reasonable rules and 15 regulations to be prescribed by the Department. If no such 16 request is made, the taxpayer may credit such excess payment 17 against tax liability subsequently to be remitted to the 18 Department under this Act, the Use Tax Act, the Service 19 Occupation Tax Act or the Service Use Tax Act, in accordance 20 with reasonable rules and regulations prescribed by the 21 Department. If the Department subsequently determined that 22 all or any part of the credit taken was not actually due to 23 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount 24 shall be reduced by 2.1% or 1.75% of the difference between 25 the credit taken and that actually due, and that taxpayer 26 shall be liable for penalties and interest on such 27 difference. 28 If a retailer of motor fuel is entitled to a credit under 29 Section 2d of this Act which exceeds the taxpayer's liability 30 to the Department under this Act for the month which the 31 taxpayer is filing a return, the Department shall issue the 32 taxpayer a credit memorandum for the excess. 33 Beginning January 1, 1990, each month the Department 34 shall pay into the Local Government Tax Fund, a special fund SB1010 Enrolled -54- SRS91SB0007ABge 1 in the State treasury which is hereby created, the net 2 revenue realized for the preceding month from the 1% tax on 3 sales of food for human consumption which is to be consumed 4 off the premises where it is sold (other than alcoholic 5 beverages, soft drinks and food which has been prepared for 6 immediate consumption) and prescription and nonprescription 7 medicines, drugs, medical appliances and insulin, urine 8 testing materials, syringes and needles used by diabetics. 9 Beginning January 1, 1990, each month the Department 10 shall pay into the County and Mass Transit District Fund, a 11 special fund in the State treasury which is hereby created, 12 4% of the net revenue realized for the preceding month from 13 the 6.25% general rate. 14 Beginning January 1, 1990, each month the Department 15 shall pay into the Local Government Tax Fund 16% of the net 16 revenue realized for the preceding month from the 6.25% 17 general rate on the selling price of tangible personal 18 property. 19 Of the remainder of the moneys received by the Department 20 pursuant to this Act, (a) 1.75% thereof shall be paid into 21 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 22 and on and after July 1, 1989, 3.8% thereof shall be paid 23 into the Build Illinois Fund; provided, however, that if in 24 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 25 as the case may be, of the moneys received by the Department 26 and required to be paid into the Build Illinois Fund pursuant 27 to this Act, Section 9 of the Use Tax Act, Section 9 of the 28 Service Use Tax Act, and Section 9 of the Service Occupation 29 Tax Act, such Acts being hereinafter called the "Tax Acts" 30 and such aggregate of 2.2% or 3.8%, as the case may be, of 31 moneys being hereinafter called the "Tax Act Amount", and (2) 32 the amount transferred to the Build Illinois Fund from the 33 State and Local Sales Tax Reform Fund shall be less than the 34 Annual Specified Amount (as hereinafter defined), an amount SB1010 Enrolled -55- SRS91SB0007ABge 1 equal to the difference shall be immediately paid into the 2 Build Illinois Fund from other moneys received by the 3 Department pursuant to the Tax Acts; the "Annual Specified 4 Amount" means the amounts specified below for fiscal years 5 1986 through 1993: 6 Fiscal Year Annual Specified Amount 7 1986 $54,800,000 8 1987 $76,650,000 9 1988 $80,480,000 10 1989 $88,510,000 11 1990 $115,330,000 12 1991 $145,470,000 13 1992 $182,730,000 14 1993 $206,520,000; 15 and means the Certified Annual Debt Service Requirement (as 16 defined in Section 13 of the Build Illinois Bond Act) or the 17 Tax Act Amount, whichever is greater, for fiscal year 1994 18 and each fiscal year thereafter; and further provided, that 19 if on the last business day of any month the sum of (1) the 20 Tax Act Amount required to be deposited into the Build 21 Illinois Bond Account in the Build Illinois Fund during such 22 month and (2) the amount transferred to the Build Illinois 23 Fund from the State and Local Sales Tax Reform Fund shall 24 have been less than 1/12 of the Annual Specified Amount, an 25 amount equal to the difference shall be immediately paid into 26 the Build Illinois Fund from other moneys received by the 27 Department pursuant to the Tax Acts; and, further provided, 28 that in no event shall the payments required under the 29 preceding proviso result in aggregate payments into the Build 30 Illinois Fund pursuant to this clause (b) for any fiscal year 31 in excess of the greater of (i) the Tax Act Amount or (ii) 32 the Annual Specified Amount for such fiscal year. The 33 amounts payable into the Build Illinois Fund under clause (b) 34 of the first sentence in this paragraph shall be payable only SB1010 Enrolled -56- SRS91SB0007ABge 1 until such time as the aggregate amount on deposit under each 2 trust indenture securing Bonds issued and outstanding 3 pursuant to the Build Illinois Bond Act is sufficient, taking 4 into account any future investment income, to fully provide, 5 in accordance with such indenture, for the defeasance of or 6 the payment of the principal of, premium, if any, and 7 interest on the Bonds secured by such indenture and on any 8 Bonds expected to be issued thereafter and all fees and costs 9 payable with respect thereto, all as certified by the 10 Director of the Bureau of the Budget. If on the last 11 business day of any month in which Bonds are outstanding 12 pursuant to the Build Illinois Bond Act, the aggregate of 13 moneys deposited in the Build Illinois Bond Account in the 14 Build Illinois Fund in such month shall be less than the 15 amount required to be transferred in such month from the 16 Build Illinois Bond Account to the Build Illinois Bond 17 Retirement and Interest Fund pursuant to Section 13 of the 18 Build Illinois Bond Act, an amount equal to such deficiency 19 shall be immediately paid from other moneys received by the 20 Department pursuant to the Tax Acts to the Build Illinois 21 Fund; provided, however, that any amounts paid to the Build 22 Illinois Fund in any fiscal year pursuant to this sentence 23 shall be deemed to constitute payments pursuant to clause (b) 24 of the first sentence of this paragraph and shall reduce the 25 amount otherwise payable for such fiscal year pursuant to 26 that clause (b). The moneys received by the Department 27 pursuant to this Act and required to be deposited into the 28 Build Illinois Fund are subject to the pledge, claim and 29 charge set forth in Section 12 of the Build Illinois Bond 30 Act. 31 Subject to payment of amounts into the Build Illinois 32 Fund as provided in the preceding paragraph or in any 33 amendment thereto hereafter enacted, the following specified 34 monthly installment of the amount requested in the SB1010 Enrolled -57- SRS91SB0007ABge 1 certificate of the Chairman of the Metropolitan Pier and 2 Exposition Authority provided under Section 8.25f of the 3 State Finance Act, but not in excess of sums designated as 4 "Total Deposit", shall be deposited in the aggregate from 5 collections under Section 9 of the Use Tax Act, Section 9 of 6 the Service Use Tax Act, Section 9 of the Service Occupation 7 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 8 into the McCormick Place Expansion Project Fund in the 9 specified fiscal years. 10 Fiscal Year Total Deposit 11 1993 $0 12 1994 53,000,000 13 1995 58,000,000 14 1996 61,000,000 15 1997 64,000,000 16 1998 68,000,000 17 1999 71,000,000 18 2000 75,000,000 19 2001 80,000,000 20 2002 84,000,000 21 2003 89,000,000 22 2004 93,000,000 23 2005 97,000,000 24 2006 102,000,000 25 2007and108,000,000106,000,00026 2008 115,000,000 27 2009 120,000,000 28 2010 126,000,000 29 2011 132,000,000 30 2012 138,000,000 31 2013 and 145,000,000 32 each fiscal year 33 thereafter that bonds 34 are outstanding under SB1010 Enrolled -58- SRS91SB0007ABge 1 Section 13.2 of the 2 Metropolitan Pier and 3 Exposition Authority 4 Act, but not after fiscal year 2029. 5 Beginning July 20, 1993 and in each month of each fiscal 6 year thereafter, one-eighth of the amount requested in the 7 certificate of the Chairman of the Metropolitan Pier and 8 Exposition Authority for that fiscal year, less the amount 9 deposited into the McCormick Place Expansion Project Fund by 10 the State Treasurer in the respective month under subsection 11 (g) of Section 13 of the Metropolitan Pier and Exposition 12 Authority Act, plus cumulative deficiencies in the deposits 13 required under this Section for previous months and years, 14 shall be deposited into the McCormick Place Expansion Project 15 Fund, until the full amount requested for the fiscal year, 16 but not in excess of the amount specified above as "Total 17 Deposit", has been deposited. 18 Subject to payment of amounts into the Build Illinois 19 Fund and the McCormick Place Expansion Project Fund pursuant 20 to the preceding paragraphs or in any amendment thereto 21 hereafter enacted, each month the Department shall pay into 22 the Local Government Distributive Fund 0.4% of the net 23 revenue realized for the preceding month from the 5% general 24 rate or 0.4% of 80% of the net revenue realized for the 25 preceding month from the 6.25% general rate, as the case may 26 be, on the selling price of tangible personal property which 27 amount shall, subject to appropriation, be distributed as 28 provided in Section 2 of the State Revenue Sharing Act. No 29 payments or distributions pursuant to this paragraph shall be 30 made if the tax imposed by this Act on photoprocessing 31 products is declared unconstitutional, or if the proceeds 32 from such tax are unavailable for distribution because of 33 litigation. 34 Subject to payment of amounts into the Build Illinois SB1010 Enrolled -59- SRS91SB0007ABge 1 Fund, the McCormick Place Expansion Project to the preceding 2 paragraphs or in any amendments thereto hereafter enacted, 3 beginning July 1, 1993, the Department shall each month pay 4 into the Illinois Tax Increment Fund 0.27% of 80% of the net 5 revenue realized for the preceding month from the 6.25% 6 general rate on the selling price of tangible personal 7 property. 8 Of the remainder of the moneys received by the Department 9 pursuant to this Act, 75% thereof shall be paid into the 10 State Treasury and 25% shall be reserved in a special account 11 and used only for the transfer to the Common School Fund as 12 part of the monthly transfer from the General Revenue Fund in 13 accordance with Section 8a of the State Finance Act. 14 The Department may, upon separate written notice to a 15 taxpayer, require the taxpayer to prepare and file with the 16 Department on a form prescribed by the Department within not 17 less than 60 days after receipt of the notice an annual 18 information return for the tax year specified in the notice. 19 Such annual return to the Department shall include a 20 statement of gross receipts as shown by the retailer's last 21 Federal income tax return. If the total receipts of the 22 business as reported in the Federal income tax return do not 23 agree with the gross receipts reported to the Department of 24 Revenue for the same period, the retailer shall attach to his 25 annual return a schedule showing a reconciliation of the 2 26 amounts and the reasons for the difference. The retailer's 27 annual return to the Department shall also disclose the cost 28 of goods sold by the retailer during the year covered by such 29 return, opening and closing inventories of such goods for 30 such year, costs of goods used from stock or taken from stock 31 and given away by the retailer during such year, payroll 32 information of the retailer's business during such year and 33 any additional reasonable information which the Department 34 deems would be helpful in determining the accuracy of the SB1010 Enrolled -60- SRS91SB0007ABge 1 monthly, quarterly or annual returns filed by such retailer 2 as provided for in this Section. 3 If the annual information return required by this Section 4 is not filed when and as required, the taxpayer shall be 5 liable as follows: 6 (i) Until January 1, 1994, the taxpayer shall be 7 liable for a penalty equal to 1/6 of 1% of the tax due 8 from such taxpayer under this Act during the period to be 9 covered by the annual return for each month or fraction 10 of a month until such return is filed as required, the 11 penalty to be assessed and collected in the same manner 12 as any other penalty provided for in this Act. 13 (ii) On and after January 1, 1994, the taxpayer 14 shall be liable for a penalty as described in Section 3-4 15 of the Uniform Penalty and Interest Act. 16 The chief executive officer, proprietor, owner or highest 17 ranking manager shall sign the annual return to certify the 18 accuracy of the information contained therein. Any person 19 who willfully signs the annual return containing false or 20 inaccurate information shall be guilty of perjury and 21 punished accordingly. The annual return form prescribed by 22 the Department shall include a warning that the person 23 signing the return may be liable for perjury. 24 The provisions of this Section concerning the filing of 25 an annual information return do not apply to a retailer who 26 is not required to file an income tax return with the United 27 States Government. 28 As soon as possible after the first day of each month, 29 upon certification of the Department of Revenue, the 30 Comptroller shall order transferred and the Treasurer shall 31 transfer from the General Revenue Fund to the Motor Fuel Tax 32 Fund an amount equal to 1.7% of 80% of the net revenue 33 realized under this Act for the second preceding month; 34 except that this transfer shall not be made for the months SB1010 Enrolled -61- SRS91SB0007ABge 1 February through June, 1992. 2 Net revenue realized for a month shall be the revenue 3 collected by the State pursuant to this Act, less the amount 4 paid out during that month as refunds to taxpayers for 5 overpayment of liability. 6 For greater simplicity of administration, manufacturers, 7 importers and wholesalers whose products are sold at retail 8 in Illinois by numerous retailers, and who wish to do so, may 9 assume the responsibility for accounting and paying to the 10 Department all tax accruing under this Act with respect to 11 such sales, if the retailers who are affected do not make 12 written objection to the Department to this arrangement. 13 Any person who promotes, organizes, provides retail 14 selling space for concessionaires or other types of sellers 15 at the Illinois State Fair, DuQuoin State Fair, county fairs, 16 local fairs, art shows, flea markets and similar exhibitions 17 or events, including any transient merchant as defined by 18 Section 2 of the Transient Merchant Act of 1987, is required 19 to file a report with the Department providing the name of 20 the merchant's business, the name of the person or persons 21 engaged in merchant's business, the permanent address and 22 Illinois Retailers Occupation Tax Registration Number of the 23 merchant, the dates and location of the event and other 24 reasonable information that the Department may require. The 25 report must be filed not later than the 20th day of the month 26 next following the month during which the event with retail 27 sales was held. Any person who fails to file a report 28 required by this Section commits a business offense and is 29 subject to a fine not to exceed $250. 30 Any person engaged in the business of selling tangible 31 personal property at retail as a concessionaire or other type 32 of seller at the Illinois State Fair, county fairs, art 33 shows, flea markets and similar exhibitions or events, or any 34 transient merchants, as defined by Section 2 of the Transient SB1010 Enrolled -62- SRS91SB0007ABge 1 Merchant Act of 1987, may be required to make a daily report 2 of the amount of such sales to the Department and to make a 3 daily payment of the full amount of tax due. The Department 4 shall impose this requirement when it finds that there is a 5 significant risk of loss of revenue to the State at such an 6 exhibition or event. Such a finding shall be based on 7 evidence that a substantial number of concessionaires or 8 other sellers who are not residents of Illinois will be 9 engaging in the business of selling tangible personal 10 property at retail at the exhibition or event, or other 11 evidence of a significant risk of loss of revenue to the 12 State. The Department shall notify concessionaires and other 13 sellers affected by the imposition of this requirement. In 14 the absence of notification by the Department, the 15 concessionaires and other sellers shall file their returns as 16 otherwise required in this Section. 17 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 18 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 19 1-1-99; 90-612, eff. 7-8-98.) 20 Section 30. The Metropolitan Pier and Exposition 21 Authority Act is amended by changing Sections 2, 5, and 13.2 22 as follows: 23 (70 ILCS 210/2) (from Ch. 85, par. 1222) 24 Sec. 2. When used in this Act: 25 "Authority" means Metropolitan Pier and Exposition 26 Authority. 27 "Governmental agency" means the Federal government, State 28 government, and any unit of local government, and any agency 29 or instrumentality, corporate or otherwise, thereof. 30 "Person" means any individual, firm, partnership, 31 corporation, both domestic and foreign, company, association 32 or joint stock association; and includes any trustee, SB1010 Enrolled -63- SRS91SB0007ABge 1 receiver, assignee or personal representative thereof. 2 "Board" means the governing body of the Metropolitan Pier 3 and Exposition Authority. 4 "Governor" means the Governor of the State of Illinois. 5 "Mayor" means the Mayor of the City of Chicago. 6 "Metropolitan area" means all that territory in the State 7 of Illinois lying within the corporate boundaries of the 8 County of Cook. 9 "Navy Pier" means the real property, structures, 10 facilities and improvements located in the City of Chicago 11 commonly known as Navy Pier, as well as property adjacent or 12 appurtenant thereto which may be necessary or convenient for 13 carrying out the purposes of the Authority at that location. 14 "Park District President" means the President of the 15 Board of Commissioners of the Chicago Park District. 16 "Project" means the expansion of existing fair and 17 exposition grounds and facilities of the Authority by 18 additions to the present facilities, by acquisition of the 19 land described below and by the addition of a structure 20 having a floor area of approximately 1,100,000 square feet, 21 or any part thereof, and such other improvements to be 22 located on land to be acquired, including but not limited to 23 all or a portion of Site A, by connecting walkways or 24 passageways between the present facilities and additional 25 structures, and by acquisition and improvement of Navy Pier. 26 "Expansion Project" means the further expansion of the 27 grounds, buildings, and facilities of the Authorityat Site B28for its corporate purposes, including, but not limited to, 29 the acquisition of land and interests in land, the relocation 30 of persons and businesses located on land acquired by the 31 Authority, and the construction, equipping, and operation of 32 new exhibition and convention space, meeting rooms, support 33 facilities, and facilities providing retail uses, commercial 34 uses, and goods and services for the persons attending SB1010 Enrolled -64- SRS91SB0007ABge 1 conventions, meetings, exhibits, and events at the grounds, 2 buildings, and facilities of the Authority. "Expansion 3 Project" also includes improvements to land, highways, mass 4 transit facilities, and infrastructure, whether or not 5 located on land owned by the Authorityon Site B, that in the 6 determination of the Authority are appropriate on account of 7 the improvementexpansionof the Authority's grounds, 8 buildings, and facilitiesat Site B. "Expansion Project" also 9 includes the renovation and improvement of the existing 10 grounds, buildings, and facilities of the Authority, 11 includingother thanNavy Pier. 12 "State" means the State of Illinois. 13 "Site A" means the tract of land comprised of a part of 14 the Illinois Central Railroad Company right-of-way (now known 15 as the "Illinois Central Gulf Railroad") and a part of the 16 submerged lands reclaimed by said Railroad as described in 17 the 1919 Lake Front Ordinance, in the Southeast Fractional 18 Quarter of Section 22, the Southwest Fractional Quarter of 19 Section 22 and the Northeast Fractional Quarter of Section 20 27, Township 39 North, Range 14 East of the Third Principal 21 Meridian, said tract of land being described as follows: 22 PARCEL A - NORTH AIR RIGHTS PARCEL 23 All of the real property and space, at and above a 24 horizontal plane at an elevation of 33.51 feet above 25 Chicago City Datum, the horizontal limits of which are 26 the planes formed by projecting vertically upward and 27 downward from the surface of the Earth the boundaries of 28 the following described parcel of land: 29 Beginning on the westerly line of said Illinois Central 30 Railroad Company right-of-way at the intersection of the 31 northerly line of the 23rd Street viaduct, being a line 32 60 feet (measured perpendicularly) northerly of and 33 parallel with the centerline of the existing structure, 34 and running thence northwardly along said westerly SB1010 Enrolled -65- SRS91SB0007ABge 1 right-of-way line, a distance of 1500.00 feet; thence 2 eastwardly along a line perpendicular to said westerly 3 right-of-way line, a distance of 418.419 feet; thence 4 southwardly along an arc of a circle, convex to the East, 5 with a radius of 915.13 feet, a distance of 207.694 feet 6 to a point which is 364.092 feet (measured 7 perpendicularly) easterly from said westerly right-of-way 8 line and 1300.00 feet (measured perpendicularly) 9 northerly of said northerly line of the 23rd Street 10 viaduct; thence continuing along an arc of a circle, 11 convex to the East, with a radius of 2008.70 feet, a 12 distance of 154.214 feet to a point which is 301.631 feet 13 (measured perpendicularly) easterly from said westerly 14 right-of-way line and 1159.039 feet (measured 15 perpendicularly) northerly of said northerly line of the 16 23rd Street viaduct; thence southwardly along a straight 17 line a distance of 184.018 feet to a point which is 18 220.680 feet (measured perpendicularly) easterly from 19 said westerly right-of-way line and 993.782 feet 20 (measured perpendicularly) northerly of said northerly 21 line of the 23rd Street viaduct; thence southwardly along 22 a straight line, a distance of 66.874 feet to a point 23 which is 220.719 feet (measured perpendicularly) easterly 24 from said westerly right-of-way line and 926.908 feet 25 (measured perpendicularly) northerly from the northerly 26 line of the 23rd Street viaduct; thence southwardly along 27 a straight line, a distance of 64.946 feet to a point 28 which is 199.589 feet (measured perpendicularly) easterly 29 from said westerly right-of-way line and 865.496 feet 30 (measured perpendicularly) northerly from said northerly 31 line of the 23rd Street viaduct; thence southwardly along 32 a straight line, a distance of 865.496 feet to a point on 33 said northerly line of the 23rd Street viaduct; which 34 point is 200.088 feet easterly from said westerly SB1010 Enrolled -66- SRS91SB0007ABge 1 right-of-way line, and thence westwardly along the 2 northerly line of said 23rd Street viaduct, said distance 3 of 200.088 feet to the point of beginning. 4 There is reserved from the above described parcel of land 5 a corridor for railroad freight and passenger operations, 6 said corridor is to be limited in width to a distance of 7 10 feet normally distant to the left and to the right of 8 the centerline of Grantor's Northbound Freight Track, and 9 10 feet normally distant to the left and to the right of 10 the centerline of Grantor's Southbound Freight Track, the 11 uppermost limits, or roof, of the railroad freight and 12 passenger corridor shall be established at an elevation 13 of 18 feet above the existing Top of Rail of the 14 aforesaid Northbound and Southbound freight trackage. 15 PARCEL B - 23RD ST. AIR RIGHTS PARCEL 16 All of the real property and space, at and above a 17 horizontal plane which is common with the bottom of the 18 bottom flange of the E. 23rd Street viaduct as it spans 19 Grantor's operating commuter, freight and passenger 20 trackage, the horizontal limits of which are the planes 21 formed by projecting vertically upward and downward from 22 the surface of the Earth the boundaries of the following 23 described parcel of land: 24 Beginning on the westerly line of said Illinois Central 25 Railroad Company right-of-way at the intersection of the 26 northerly line of the 23rd Street viaduct, being a line 27 60 feet (measured perpendicularly) northerly of and 28 parallel with the centerline of the existing structure, 29 and running thence eastwardly along said northerly line 30 of the 23rd Street viaduct, a distance of 200.088 feet; 31 thence southwardly along a straight line, a distance of 32 120.00 feet to a point on the southerly line of said 23rd 33 Street viaduct (being the southerly line of the easement 34 granted to the South Park Commissioners dated September SB1010 Enrolled -67- SRS91SB0007ABge 1 25, 1922 as document No. 7803194), which point is 199.773 2 feet easterly of said westerly right-of-way line; thence 3 westwardly along said southerly line of the 23rd Street 4 viaduct, said distance of 199.773 feet to the westerly 5 right-of-way line and thence northwardly along said 6 westerly right-of-way line, a distance of 120.00 feet to 7 the point of beginning. 8 PARCEL C - SOUTH AIR RIGHTS PARCEL 9 All of the real property and space, at and above a 10 horizontal plane at an elevation of 34.51 feet above 11 Chicago City Datum, the horizontal limits of which are 12 the planes formed by projecting vertically upward and 13 downward from the surface of the Earth the boundaries of 14 the following described parcel of land: 15 Beginning on the westerly line of said Illinois Central 16 Railroad Company right-of-way at the intersection of the 17 southerly line of the 23rd Street viaduct, being the 18 southerly line of the easement granted to the South Park 19 Commissioners dated September 25, 1922 as document No. 20 7803194) and running thence eastwardly along said South 21 line of the 23rd Street viaduct, a distance of 199.773 22 feet; thence southerly along a straight line, a distance 23 of 169.071 feet to a point which is 199.328 feet 24 (measured perpendicularly) easterly from said westerly 25 right-of-way line thence southerly along a straight line, 26 whose southerly terminus is a point which is 194.66 feet 27 (measured perpendicularly) easterly from said westerly 28 right-of-way line and 920.105 feet (measured a distance 29 of 493.34 feet; thence westwardly along a straight line, 30 perpendicular to said westerly right-of-way line, a 31 distance of 196.263 feet to said westerly right-of-way 32 line and thence northwardly along the westerly 33 right-of-way, a distance of 662.40 feet to the point of 34 beginning. SB1010 Enrolled -68- SRS91SB0007ABge 1 Parcels A, B and C herein above described containing 2 525,228 square feet (12.0576 acres) of land, more or 3 less. 4 AND, 5 SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55 6 A tract of land comprised of a part of the Illinois 7 Central Railroad Company right-of-way (now known as the 8 "Illinois Central Gulf Railroad") and a part of the 9 submerged lands reclaimed by said Railroads as described 10 in the 1919 Lake Front Ordinance, in the Northeast 11 Fractional Quarter and the Southeast Fractional Quarter 12 of Section 27, Township 39 North, Range 14 East of the 13 Third Principal Meridian, said tract of land being 14 described as follows: 15 Beginning at a point on the North line of the 31st Street 16 viaduct, being a line 50.00 feet (measured 17 perpendicularly) northerly of and parallel with the South 18 line of said Southeast Fractional Quarter of Section 27, 19 which point is 163.518 feet (measured along the northerly 20 line of said viaduct) easterly of the westerly line of 21 said Illinois Central Railroad Company, and running 22 thence northwardly along a straight line, a distance of 23 1903.228 feet, to a point which is 156.586 feet easterly, 24 and 1850.555 feet northerly of the intersection of said 25 westerly right-of-way line with the northerly line of 26 said 31st Street viaduct, as measured along said westerly 27 line and a line perpendicular thereto; thence northwardly 28 along a straight line, a distance of 222.296 feet, to a 29 point which is 148.535 feet easterly, and 2078.705 feet 30 northerly of the intersection of said westerly 31 right-of-way line with the northerly line of said 31st 32 Street viaduct, as measured along said westerly line and 33 a line perpendicular thereto; thence northwardly along a 34 straight line, a distance of 488.798 feet, to a point SB1010 Enrolled -69- SRS91SB0007ABge 1 which is 126.789 feet easterly, and 2567.019 feet 2 northerly of the intersection of said westerly 3 right-of-way line with the northerly line of said 31st 4 Street viaduct, as measured along said westerly line and 5 a line perpendicular thereto; thence northwardly along a 6 straight line, a distance of 458.564 feet, to a point 7 which is 126.266 feet easterly and 3025.583 feet 8 northerly of the intersection of said westerly 9 right-of-way line with the northerly line of said 31st 10 Street viaduct, as measured along said westerly line and 11 a line perpendicular thereto; thence northwardly along a 12 straight line, a distance of 362.655 feet, to a point 13 which is 143.70 feet easterly, and 3387.819 feet 14 northerly of the intersection of said westerly 15 right-of-way line with the northerly line of said 31st 16 street viaduct, as measured along said westerly line and 17 a line perpendicular thereto; thence northwardly along a 18 straight line, whose northerly terminus is a point which 19 is 194.66 feet (measured perpendicularly) easterly from 20 said westerly right-of-way line and 920.105 feet 21 (measured perpendicularly) South from the southerly line 22 of the 23rd Street viaduct (being the southerly line of 23 the easement granted to the South Park Commissioners 24 dated September 25, 1922 as document No. 7803194) a 25 distance of 335.874 feet to an intersection with a 26 northerly line of the easement for the overhead structure 27 of the Southwest Expressway System (as described in 28 Judgement Order No. 67 L 13579 in the Circuit Court of 29 Cook County), said northerly line extending from a point 30 on said westerly right-of-way line, 142.47 feet (measured 31 perpendicularly) North of the intersection of said line 32 with the easterly extension of the North line of East 33 25th Street (as shown in Walker Bros. Addition to 34 Chicago, a subdivision in the Northeast Fractional SB1010 Enrolled -70- SRS91SB0007ABge 1 Quarter of Section 27 aforesaid) to a point which is 2 215.07 feet (measured perpendicularly) North of said 3 easterly extension of the North line of E. 25th Street 4 and 396.19 feet (measured perpendicularly) westerly of 5 the westerly line of Burnham Park (as said westerly line 6 is described by the City of Chicago by ordinance passed 7 July 21, 1919 and recorded on March 5, 1920 in the Office 8 of the Recorder of Deeds of Cook County, Illinois as 9 document No. 6753370); thence northeastwardly along the 10 northerly line of the easement aforesaid, a distance of 11 36.733 feet to said point which is 215.07 feet (measured 12 perpendicularly) North of said easterly extension of the 13 North line of E. 25th Street and 396.19 feet (measured 14 perpendicularly) westerly of said westerly line of 15 Burnham Park; thence northeastwardly continuing along 16 said easement line, being a straight line, a distance of 17 206.321 feet to a point which is 352.76 feet (measured 18 perpendicularly) North of said easterly extension of the 19 North line of E. 25th Street and 211.49 feet (measured 20 perpendicularly) westerly of said westerly line of 21 Burnham Park; thence northeastwardly continuing along 22 said easement line, being a straight line, a distance of 23 206.308 feet to a point which is 537.36 feet (measured 24 perpendicularly) North of said easterly extension of the 25 North line of E. 25th Street and 73.66 feet (measured 26 perpendicularly) westerly of said westerly line of 27 Burnham Park; thence northeastwardly continuing along 28 said easement line, being a straight line, a distance of 29 219.688 feet to a point on said westerly line of Burnham 30 Park, which point is 756.46 feet (measured 31 perpendicularly) North of said easterly extension of the 32 North line of E. 25th Street; thence southwardly along 33 said westerly line of Burnham Park, being here a straight 34 line whose southerly terminus is that point which is SB1010 Enrolled -71- SRS91SB0007ABge 1 308.0 feet (measured along said line) South of the 2 intersection of said line with the North line of 29th 3 Street, extended East, a distance of 3185.099 feet to a 4 point which is 89.16 feet North of aforesaid southerly 5 terminus; thence southwestwardly along an arc of a 6 circle, convex to the Southeast, tangent to last 7 described line and having a radius of 635.34 feet, a 8 distance of 177.175 feet to a point on that westerly line 9 of Burnham Park which extends southerly from aforesaid 10 point 308.0 feet South of the North line of 29th Street, 11 extended East, to a point on the North line of East 31st 12 Street extended East, which is 250.00 feet (measured 13 perpendicularly) easterly of said westerly right-of-way 14 line; thence southwardly along said last described 15 westerly line of Burnham Park, a distance of 857.397 feet 16 to a point which is 86.31 feet (measured along said line) 17 northerly of aforesaid point on the North line of East 18 31st Street extended East; thence southeastwardly along 19 the arc of a circle, convex to the West, tangent to last 20 described line and having a radius of 573.69 feet, a 21 distance of 69.426 feet to a point on the north line of 22 the aforementioned 31st Street viaduct, and thence West 23 along said North line, a distance of 106.584 feet to the 24 point of beginning, in Cook County, Illinois. 25 Containing 1,527,996 square feet (35.0780 acres) of land, 26 more or less. 27 AND 28 NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55 29 A tract of land comprised of a part of the Illinois 30 Central Railroad Company right-of-way (now known as the 31 "Illinois Central Gulf Railroad") and a part of the 32 submerged lands reclaimed by said Railroad as described 33 in the 1919 Lake Front Ordinance, in the Northwest 34 Fractional Quarter of Section 22, the Southwest SB1010 Enrolled -72- SRS91SB0007ABge 1 Fractional Quarter of Section 22, the Southeast 2 Fractional Quarter of Section 22 and the Northwest 3 Fractional Quarter of Section 27, Township 39 North, 4 Range 14 East of the Third Principal Meridian, said tract 5 of land being described as follows: 6 PARCEL A-NORTH OF 23RD STREET 7 Beginning on the easterly line of said Illinois Central 8 Railroad Company right-of-way (being also the westerly 9 line of Burnham Park as said westerly line is described 10 in the 1919 Lake Front Ordinance), at the intersection of 11 the northerly line of the 23rd Street viaduct, being a 12 line 60.00 feet (measured perpendicularly) northerly of 13 and parallel with the centerline of the existing 14 structure, and running thence northwardly along said 15 easterly right-of-way line, a distance of 2270.472 feet 16 to an intersection with the North line of E. 18th Street, 17 extended East, a point 708.495 feet (as measured along 18 said North line of E. 18th Street, extended East) East 19 from the westerly right-of-way line of said railroad; 20 thence continuing northwardly along said easterly 21 right-of-way line, on a straight line which forms an 22 angle to the left of 00 degrees 51 minutes 27 seconds 23 with last described course, a distance of 919.963 feet; 24 thence westwardly along a straight line which forms an 25 angle of 73 degrees 40 minutes 14 seconds from North to 26 West with last described line, a distance of 86.641 feet; 27 thence southwardly along the arc of a circle, convex to 28 the East with a radius of 2448.29 feet, a distance of 29 86.233 feet to a point which is 100.767 feet westerly and 30 859.910 feet northerly of the intersection of said 31 easterly right-of-way line with the North line of E. 18th 32 Street, extended East, as measured along said easterly 33 line and a line perpendicular thereto; thence southwardly 34 along a straight line, tangent to last described arc of a SB1010 Enrolled -73- SRS91SB0007ABge 1 circle, a distance of 436.277 feet to a point which is 2 197.423 feet westerly and 434.475 feet northerly of the 3 intersection of said easterly right-of-way line with the 4 North line of E. 18th Street, extended East, as measured 5 along said easterly line and a line perpendicular 6 thereto; thence southeastwardly along the arc of a 7 circle, convex to the West, tangent to last described 8 straight line and having a radius of 1343.75 feet, a 9 distance of 278.822 feet to a point which is 230.646 feet 10 westerly and 158.143 feet northerly of the intersection 11 of said easterly right-of-way line with the North line of 12 E. 18th Street, extended East, as measured along said 13 easterly line and a line perpendicular thereto; thence 14 southwardly along a straight line, tangent to last 15 described arc of a circle, a distance of 722.975 feet to 16 a point which is 434.030 feet (measured perpendicularly) 17 easterly from the westerly line of said Illinois Central 18 Railroad right-of-way and 1700.466 feet (measured 19 perpendicular) northerly of the aforementioned northerly 20 line of the 23rd Street viaduct; thence southwardly along 21 the arc of a circle, convex to the East, tangent to last 22 described straight line, with a radius of 2008.70 feet, a 23 distance of 160.333 feet to a point which is 424.314 feet 24 (reassured perpendicularly) easterly from said westerly 25 right-of-way line and 1546.469 feet (measured 26 perpendicularly) northerly of said North line of the 27 23rd Street viaduct; thence southwardly along an arc of a 28 circle, convex to the East with a radius of 915.13 feet, 29 a distance of 254.54 feet to a point which is 364.092 30 feet (measured perpendicularly) easterly from said 31 westerly right-of-way line and 1300.00 feet (measured 32 perpendicularly) northerly of said northerly line of the 33 23rd Street viaduct; thence continuing along an arc of a 34 circle, convex to the East, with a radius of 2008.70 SB1010 Enrolled -74- SRS91SB0007ABge 1 feet, a distance of 154.214 feet to a point which is 2 301.631 feet (measured perpendicularly) easterly from 3 said westerly right-of-way line and 1159.039 feet 4 (measured perpendicularly) northerly of said northerly 5 line of the 23rd Street viaduct; thence southwardly along 6 a straight line, a distance of 184.018 feet to a point 7 which is 220.680 feet (measured perpendicularly) easterly 8 from said westerly right-of-way line and 993.782 feet 9 (measured perpendicularly) northerly from said northerly 10 line of the 23rd Street viaduct; thence southwardly along 11 a straight line, a distance of 66.874 feet to a point 12 which is 220.719 feet (measured perpendicularly) easterly 13 from said westerly right-of-way line and 926.908 feet 14 (measured perpendicularly) northerly from the northerly 15 line of the 23rd Street viaduct; thence southwardly along 16 a straight line, a distance of 64.946 feet to a point 17 which is 199.589 feet (measured perpendicularly) easterly 18 from said westerly right-of-way line and 865.496 feet 19 (measured perpendicularly) northerly from said northerly 20 line of the 23rd Street viaduct; thence southwardly along 21 a straight line, a distance of 865.496 feet to a point on 22 said northerly line of the 23rd Street viaduct, which is 23 200.088 feet easterly from said westerly right-of-way 24 line; and thence eastwardly along the northerly line of 25 said 23rd Street viaduct, a distance of 433.847 feet to 26 the point of beginning. 27 PARCEL B - WEST 23RD STREET 28 Beginning on the easterly line of said Illinois Central 29 Railroad Company right-of-way (being also the westerly 30 line of Burnham Park, as said westerly line is described 31 in the 1919 Lake Front Ordinance), at the intersection of 32 the northerly line of the 23rd Street viaduct, being a 33 line 60.00 feet (measured perpendicularly) northerly of 34 and parallel with the centerline of the existing SB1010 Enrolled -75- SRS91SB0007ABge 1 structure; and running thence westwardly along the 2 northerly line of said 23rd Street viaduct, a distance of 3 433.847 feet, to a point 200.088 feet easterly from the 4 westerly line of said Illinois Central Railroad 5 right-of-way; thence southwardly along a straight line, a 6 distance of 120.00 feet to a point on the southerly line 7 of said 23rd Street viaduct (being the southerly line of 8 the easement granted to the South Park Commissioners 9 dated September 25, 1922 as document No. 7803194), which 10 point is 199.773 feet easterly of said westerly 11 right-of-way line; thence eastwardly along said southerly 12 line of the 23rd Street viaduct, a distance of 431.789 13 feet to said easterly right-of-way line; and thence 14 northwardly along said easterly right-of-way line a 15 distance of 120.024 feet to the point of beginning, 16 excepting therefrom that part of the land, property and 17 space conveyed to Amalgamated Trust and Savings Bank by 18 deed recorded September 21, 1970 as document No. 19 21270060, in Cook County, Illinois. 20 PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE 21 OF I-55 22 Beginning on the easterly line of said Illinois Central 23 Railroad Company right-of-way at the intersection of the 24 southerly line of the 23rd Street viaduct (being the 25 southerly line of the easement granted to the South Park 26 Commissioners dated September 25, 1922 as document No. 27 7803194); and running thence westwardly along said 28 southerly line of the 23rd Street viaduct, a distance of 29 431.789 feet, to a point 199.773 feet easterly from the 30 westerly line of said Illinois Central Railroad 31 right-of-way; thence southwardly along a straight line, a 32 distance of 169.071 feet to a point which is 199.328 feet 33 (measured perpendicularly) easterly from said westerly 34 right-of-way line; thence southwardly along a straight SB1010 Enrolled -76- SRS91SB0007ABge 1 line, a distance of 751.05 feet to a point which is 2 194.66 feet (measured perpendicularly) easterly from said 3 westerly right-of-way line and 920.105 feet (measured 4 perpendicularly) southerly from said southerly line of 5 the 23rd Street viaduct; thence southwardly along a 6 straight line whose southerly terminus is a point which 7 is 143.70 feet easterly from said westerly right-of-way 8 line and 3387.819 feet northerly of the intersection of 9 said westerly right-of-way line with the northerly line 10 of the 31st Street viaduct, (being a line 50.00 feet, 11 measured perpendicularly, northerly of and parallel with 12 the South line of the Southeast Fractional Quarter of 13 said Section 27), as measured along said westerly line 14 and a line perpendicular thereto, a distance of 179.851 15 feet to an intersection with a northerly line of the 16 easement for the overhead bridge structure of the 17 Southwest Expressway System (as described in Judgment 18 Order No. 67 L 13579 in the Circuit Court of Cook 19 County), said northerly line extending from a point of 20 said westerly right-of-way line, which is 142.47 feet 21 (measured perpendicularly) North of the easterly 22 extension of the North line of E. 25th Street (as shown 23 in Walker Bros. Addition to Chicago, a subdivision in the 24 Northeast Fractional Quarter of Section 27 aforesaid) to 25 a point which is 215.07 feet (measured perpendicularly) 26 North of said easterly extension of the North line of E. 27 25th Street and 396.19 feet (measured perpendicularly) 28 westerly of the easterly line of said Illinois central 29 Railroad right-of-way (being also the westerly line of 30 Burnham Park, as said westerly line is described by the 31 City of Chicago by ordinance passed July 21, 1919 and 32 recorded on March 5, 1920 in the Office of the Recorder 33 of Deeds of Cook County, Illinois, as document No. 34 6753370); thence northeastwardly along the northerly line SB1010 Enrolled -77- SRS91SB0007ABge 1 of the easement aforesaid, a distance of 36.733 feet to a 2 said point which is 215.07 feet (measured 3 perpendicularly) North of said easterly extension of the 4 North line of E. 25th Street and 396.19 feet (measured 5 perpendicularly) westerly of said easterly right-of-way 6 line; thence northeastwardly continuing along said 7 easement line, being a straight line, a distance of 8 206.321 feet to a point which is 352.76 feet (measured 9 perpendicularly) North of said easterly extension of the 10 North line of E. 25th Street and 211.49 feet (measured 11 perpendicularly) westerly of said easterly right-of-way 12 line; thence northeastwardly continuing along said 13 easement line, being a straight line, a distance of 14 206.308 feet to a point which is 537.36 feet (measured 15 perpendicularly) North of said easterly extension of the 16 North line of E. 25th Street and 73.66 feet (measured 17 perpendicularly) westerly of said easterly right-of-way 18 line; thence northeastwardly continuing along said 19 easement line, being a straight line, a distance of 20 219.688 feet to a point on said easterly right-of-way 21 line, which point is 756.46 feet (measured 22 perpendicularly) North of said easterly extension of the 23 North line of E. 25th Street; and thence northwardly 24 along said easterly right-of-way line, a distance of 25 652.596 feet, to the point of beginning. Excepting 26 therefrom that part of the land, property and space 27 conveyed to Amalgamated Trust Savings Bank, as Trustee, 28 under a trust agreement dated January 12, 1978 and known 29 as Trust No. 3448, in Cook County, Illinois. 30 PARCEL D 31 All the space within the boundaries of the following 32 described perimeter between the horizontal plane of plus 33 27.00 feet and plus 47.3 feet Chicago City Datum: 34 Commencing at the Northeast corner of Lot 3 in Block 1 in SB1010 Enrolled -78- SRS91SB0007ABge 1 McCormick City Subdivision being a resubdivision of 2 McCormick Inn Subdivision (recorded September 26, 1962 as 3 Document No. 18601678) and a subdivision of adjacent 4 lands recorded January 12, 1971 as Document No. 21369281 5 in Section 27, Township 39 North, Range 14, East of the 6 Third Principal Meridian, thence Westerly along the 7 Northerly line of said McCormick Inn Subdivision to a 8 point which is 77 feet East of the Westerly line of 9 McCormick Inn Subdivision (lying at +27.00 feet C.C.D.) 10 for a place of beginning; thence Westerly a distance of 11 77.00 feet above the horizontal plane +27.00 feet above 12 Chicago City Datum and below +47.3 feet above Chicago 13 City Datum to the Northwest corner of McCormick Inn 14 Subdivision; thence South along the West line of 15 McCormick Inn Subdivision a distance of 36 feet to a 16 point; thence East 23 feet to a point along a line which 17 is perpendicular to the last described line; thence North 18 12 feet to a point along a line which is perpendicular to 19 the last described line; thence East 54 feet to a point 20 along a line which is perpendicular to the last described 21 line; thence North 24 feet along a line which is 22 perpendicular to the last described line to the place of 23 beginning. (Parcel D has been included in this Act to 24 provide a means for the Authority to acquire an easement 25 or fee title to a part of McCormick Inn to permit the 26 construction of the pedestrian spine to connect the 27 Project with Donnelley Hall.) 28 Containing 1,419,953 square feet (32.5970 acres) of land, 29 more or less. 30 "Site B" means an area of land (including all air rights 31 related thereto) in the City of Chicago, Cook County, 32 Illinois, within the following boundaries: 33 Beginning at the intersection of the north line of 34 East Cermak Road and the center line of South Indiana SB1010 Enrolled -79- SRS91SB0007ABge 1 Avenue; thence east along the north line of East Cermak 2 Road and continuing along said line as said north line of 3 East Cermak Road is extended, to its intersection with 4 the westerly line of the right-of-way of the Illinois 5 Central Gulf Railroad; thence southeasterly along said 6 line to its intersection with the north line of the 7 Twenty-third Street viaduct; thence northeasterly along 8 said line to its intersection with the easterly line of 9 the right-of-way of the Illinois Central Gulf Railroad; 10 thence southeasterly along said line to the point of 11 intersection with the west line of the right-of-way of 12 the Adlai E. Stevenson Expressway; thence southwesterly 13 along said line and then west along the inside curve of 14 the west and north lines of the right-of-way of the Adlai 15 E. Stevenson Expressway, following the curve of said 16 right-of-way, and continuing along the north line of the 17 right-of-way of the Adlai E. Stevenson Expressway to its 18 intersection with the center line of South Indiana 19 Avenue; thence northerly along said line to the point of 20 beginning. 21 ALSO 22 Beginning at the intersection of the center line of 23 East Cermak Road at its intersection with the center line 24 of South Indiana Avenue; thence northerly along the 25 center line of South Indiana Avenue to its intersection 26 with the center line of East Twenty-first Street; thence 27 easterly along said line to its intersection with the 28 center line of South Prairie Avenue; thence south along 29 said line to its intersection with the center line of 30 East Cermak Road; thence westerly along said line to the 31 point of beginning. 32 (Source: P.A. 86-17; 87-733.) 33 (70 ILCS 210/5) (from Ch. 85, par. 1225) SB1010 Enrolled -80- SRS91SB0007ABge 1 Sec. 5. The Metropolitan Pier and Exposition Authority 2 shall also have the following rights and powers: 3 (a) To accept from Chicago Park Fair, a 4 corporation, an assignment of whatever sums of money it 5 may have received from the Fair and Exposition Fund, 6 allocated by the Department of Agriculture of the State 7 of Illinois, and Chicago Park Fair is hereby authorized 8 to assign, set over and transfer any of those funds to 9 the Metropolitan Pier and Exposition Authority. The 10 Authority has the right and power hereafter to receive 11 sums as may be distributed to it by the Department of 12 Agriculture of the State of Illinois from the Fair and 13 Exposition Fund pursuant to the provisions of Sections 5, 14 6i, and 28 of the State Finance Act. All sums received 15 by the Authority shall be held in the sole custody of the 16 secretary-treasurer of the Metropolitan Pier and 17 Exposition Board. 18 (b) To accept the assignment of, assume and execute 19 any contracts heretofore entered into by Chicago Park 20 Fair. 21 (c) To acquire, own, construct, equip, lease, 22 operate and maintain grounds, buildings and facilities to 23 carry out its corporate purposes and duties, and to carry 24 out or otherwise provide for the recreational, cultural, 25 commercial or residential development of Navy Pier, and 26 to fix and collect just, reasonable and nondiscriminatory 27 charges for the use thereof. The charges so collected 28 shall be made available to defray the reasonable expenses 29 of the Authority and to pay the principal of and the 30 interest upon any revenue bonds issued by the Authority. 31 The Authority shall be subject to and comply with the 32 Lake Michigan and Chicago Lakefront Protection Ordinance, 33 the Chicago Building Code, the Chicago Zoning Ordinance, 34 and all ordinances and regulations of the City of Chicago SB1010 Enrolled -81- SRS91SB0007ABge 1 contained in the following Titles of the Municipal Code 2 of Chicago: Businesses, Occupations and Consumer 3 Protection; Health and Safety; Fire Prevention; Public 4 Peace, Morals and Welfare; Utilities and Environmental 5 Protection; Streets, Public Ways, Parks, Airports and 6 Harbors; Electrical Equipment and Installation; Housing 7 and Economic Development (only Chapter 5-4 thereof); and 8 Revenue and Finance (only so far as such Title pertains 9 to the Authority's duty to collect taxes on behalf of the 10 City of Chicago). 11 (d) To enter into contracts treating in any manner 12 with the objects and purposes of this Act. 13 (e) To lease any buildings to the Adjutant General 14 of the State of Illinois for the use of the Illinois 15 National Guard or the Illinois Naval Militia. 16 (f) To exercise the right of eminent domain by 17 condemnation proceedings in the manner provided by 18 Article VII of the Code of Civil Procedure, including, 19 with respect to Site B only, the authority to exercise 20 quick take condemnation by immediate vesting of title 21 under Sections 7-103 through 7-112 of the Code of Civil 22 Procedure, to acquire any privately owned real or 23 personal property and, with respect to Site B only, 24 public property used for rail transportation purposes 25 (but no such taking of such public property shall, in the 26 reasonable judgment of the owner, interfere with such 27 rail transportation) for the lawful purposes of the 28 Authority in Site A, at Navy Pier, and at Site B. Just 29 compensation for property taken or acquired under this 30 paragraph shall be paid in money or, notwithstanding any 31 other provision of this Act and with the agreement of the 32 owner of the property to be taken or acquired, the 33 Authority may convey substitute property or interests in 34 property or enter into agreements with the property SB1010 Enrolled -82- SRS91SB0007ABge 1 owner, including leases, licenses, or concessions, with 2 respect to any property owned by the Authority, or may 3 provide for other lawful forms of just compensation to 4 the owner. Any property acquired in condemnation 5 proceedings shall be used only as provided in this Act. 6 Except as otherwise provided by law, the City of Chicago 7 shall have a right of first refusal prior to any sale of 8 any such property by the Authority to a third party other 9 than substitute property. The Authority shall develop and 10 implement a relocation plan for businesses displaced as a 11 result of the Authority's acquisition of property. The 12 relocation plan shall be substantially similar to 13 provisions of the Uniform Relocation Assistance and Real 14 Property Acquisition Act and regulations promulgated 15 under that Act relating to assistance to displaced 16 businesses. To implement the relocation plan the 17 Authority may acquire property by purchase or gift or may 18 exercise the powers authorized in this subsection (f), 19 except the immediate vesting of title under Sections 20 7-103 through 7-112 of the Code of Civil Procedure, to 21 acquire substitute private property within one mile of 22 Site B for the benefit of displaced businesses located on 23 property being acquired by the Authority. However, no 24 such substitute property may be acquired by the Authority 25 unless the mayor of the municipality in which the 26 property is located certifies in writing that the 27 acquisition is consistent with the municipality's land 28 use and economic development policies and goals. The 29 acquisition of substitute property is declared to be for 30 public use. In exercising the powers authorized in this 31 subsection (f), the Authority shall use its best efforts 32 to relocate businesses within the area of McCormick Place 33 or, failing that, within the City of Chicago. 34 (g) To enter into contracts relating to SB1010 Enrolled -83- SRS91SB0007ABge 1 construction projects which provide for the delivery by 2 the contractor of a completed project, structure, 3 improvement, or specific portion thereof, for a fixed 4 maximum price, which contract may provide that the 5 delivery of the project, structure, improvement, or 6 specific portion thereof, for the fixed maximum price is 7 insured or guaranteed by a third party capable of 8 completing the construction. 9 (h) To enter into agreements with any person with 10 respect to the use and occupancy of the grounds, 11 buildings, and facilities of the Authority, including 12 concession, license, and lease agreements on terms and 13 conditions as the Authority determines. Notwithstanding 14 Section 24, agreements with respect to the use and 15 occupancy of the grounds, buildings, and facilities of 16 the Authority for a term of more than one year shall be 17 entered into in accordance with the procurement process 18 provided for in Section 25.1. 19 (i) To enter into agreements with any person with 20 respect to the operation and management of the grounds, 21 buildings, and facilities of the Authority or the 22 provision of goods and services on terms and conditions 23 as the Authority determines. 24 (j) After conducting the procurement process 25 provided for in Section 25.1, to enter into one or more 26 contracts to provide for the design and construction of 27 all or part of the Authority's Expansion Project grounds, 28 buildings, and facilities. Any contract for design and 29 construction of the Expansion Project shall be in the 30 form authorized by subsection (g), shall be for a fixed 31 maximum price not in excess of the funds that are 32 authorized to be made available under the provisions of 33 this amendatory Act of 1991 for those purposes during the 34 term of the contract, and shall be entered into before SB1010 Enrolled -84- SRS91SB0007ABge 1 commencement of construction. 2 (k) To enter into agreements, including project 3 agreements with labor unions, that the Authority deems 4 necessary to complete the Expansion Project or any other 5 construction or improvement project in the most timely 6 and efficient manner and without strikes, picketing, or 7 other actions that might cause disruption or delay and 8 thereby add to the cost of the project. 9(l)Nothing in thisamendatoryActof 1991shall be 10 construed to authorize the Authority to spend the proceeds of 11 any bonds or notes issued under Section 13.2 or any taxes 12 levied under Section 13this amendatory Act of 1991to 13 construct a stadium to be leased to or used by professional 14 sports teams. 15 (Source: P.A. 87-733; 88-193; revised 10-31-98.) 16 (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2) 17 Sec. 13.2. The McCormick Place Expansion Project Fund is 18 created in the State Treasury. All moneys in the McCormick 19 Place Expansion Project Fund are allocated to and shall be 20 appropriated and used only for the purposes authorized by and 21 subject to the limitations and conditions of this Section 22subsection. Those amounts may be appropriated by law to the 23 Authority for the purposes of paying the debt service 24 requirements on all bonds and notes, includingrefunding25 bonds and notes issued to refund or advance refund bonds and 26 notes issued under this Section or issued to refund or 27 advance refund bonds and notes otherwise issued under this 28 Act, (collectively referred to as "bonds") to be issued by 29 the Authority under this Section in an aggregate original 30 principal amount (excluding the amount of anyrefundingbonds 31 and notes issued to refund or advance refund bonds or notes 32 issued under this Section) not to exceed $1,307,000,000 33$1,037,000,000for the purposes of carrying out and SB1010 Enrolled -85- SRS91SB0007ABge 1 performing its duties and exercising its powers under this 2 Act. Norefundingbonds issued to refund or advance refund 3 bonds issued under this Section may mature later than the 4 longest maturity date of the series of bonds being refunded. 5 After the aggregate original principal amount of bonds 6 authorized in this Sectionsubsectionhas been issued, the 7 payment of any principal amount of such bonds does not 8 authorize the issuance of additional bonds (except refunding 9 bonds). 10 On the first day of each month commencing after July 1, 11 1993, amounts, if any, on deposit in the McCormick Place 12 Expansion Project Fund shall, subject to appropriation, be 13 paid in full to the Authority or, upon its direction, to the 14 trustee or trustees for bondholders of bonds that by their 15 terms are payable from the moneys received from the McCormick 16 Place Expansion Project Fund, until an amount equal to 100% 17 of the aggregate amount of the principal and interest in the 18 fiscal year, including that pursuant to sinking fund 19 requirements, has been so paid and deficiencies in reserves 20 shall have been remedied. 21 The State of Illinois pledges to and agrees with the 22 holders of the bonds of the Metropolitan Pier and Exposition 23 Authority issued under this Section that the State will not 24 limit or alter the rights and powers vested in the Authority 25 by this Act so as to impair the terms of any contract made by 26 the Authority with those holders or in any way impair the 27 rights and remedies of those holders until the bonds, 28 together with interest thereon, interest on any unpaid 29 installments of interest, and all costs and expenses in 30 connection with any action or proceedings by or on behalf of 31 those holders are fully met and discharged; provided that any 32 increase in the Tax Act Amounts specified in Section 3 of the 33 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, 34 Section 9 of the Service Use Tax Act, and Section 9 of the SB1010 Enrolled -86- SRS91SB0007ABge 1 Service Occupation Tax Act required to be deposited into the 2 Build Illinois Bond Account in the Build Illinois Fund 3 pursuant to any law hereafter enacted shall not be deemed to 4 impair the rights of such holders so long as the increase 5 does not result in the aggregate debt service payable in the 6 current or any future fiscal year of the State on all bonds 7 issued pursuant to the Build Illinois Bond Act and the 8 Metropolitan Pier and Exposition Authority Act and payable 9 from tax revenues specified in Section 3 of the Retailers' 10 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 11 of the Service Use Tax Act, and Section 9 of the Service 12 Occupation Tax Act exceeding 33 1/3% of such tax revenues for 13 the most recently completed fiscal year of the State at the 14 time of such increase. In addition, the State pledges to and 15 agrees with the holders of the bonds of the Authority issued 16 under this Section that the State will not limit or alter the 17 basis on which State funds are to be paid to the Authority as 18 provided in this Act or the use of those funds so as to 19 impair the terms of any such contract; provided that any 20 increase in the Tax Act Amounts specified in Section 3 of the 21 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, 22 Section 9 of the Service Use Tax Act, and Section 9 of the 23 Service Occupation Tax Act required to be deposited into the 24 Build Illinois Bond Account in the Build Illinois Fund 25 pursuant to any law hereafter enacted shall not be deemed to 26 impair the terms of any such contract so long as the increase 27 does not result in the aggregate debt service payable in the 28 current or any future fiscal year of the State on all bonds 29 issued pursuant to the Build Illinois Bond Act and the 30 Metropolitan Pier and Exposition Authority Act and payable 31 from tax revenues specified in Section 3 of the Retailers' 32 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 33 of the Service Use Tax Act, and Section 9 of the Service 34 Occupation Tax Act exceeding 33 1/3% of such tax revenues for SB1010 Enrolled -87- SRS91SB0007ABge 1 the most recently completed fiscal year of the State at the 2 time of such increase. The Authority is authorized to include 3 these pledges and agreements with the State in any contract 4 with the holders of bonds issued under this Section. 5 The State shall not be liable on bonds of the Authority 6 issued under this Section those bonds shall not be a debt of 7 the State, and this Act shall not be construed as a guarantee 8 by the State of the debts of the Authority. The bonds shall 9 contain a statement to this effect on the face of the bonds. 10 (Source: P.A. 90-612, eff. 7-8-98.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.