State of Illinois
92nd General Assembly
Legislation

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92_HB0063

 
                                               LRB9201187SMdv

 1        AN ACT in relation to coal.

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

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Illinois Coal Mining and Coal Development Act.

 6        Section 5.  Definitions.  For the purposes of this Act:
 7        "Agency"  means  the  Illinois  Environmental  Protection
 8    Agency.
 9        "Fund" means the Coal Mining and Coal Development Fund.
10        "Generating  unit"  means  any   coal-fired   electricity
11    generating facility with a nameplate capacity of 15 megawatts
12    or greater used primarily to generate electricity for sale.
13        "Qualified   personnel"   means  employees  who  install,
14    operate,   and   maintain   generation,   transmission,    or
15    distribution   facilities  within  the  State  and  have  the
16    requisite knowledge, skills, and competence to perform  those
17    functions  in  a  safe  and  responsible  manner  in order to
18    provide safe and reliable service.

19        Section 10.  Illinois Coal Mining  and  Coal  Development
20    Board.
21        (a)  The  Illinois Coal Mining and Coal Development Board
22    is established as an advisory board to the Agency. The  Board
23    shall  be  composed  of  the  following  14 voting members: 2
24    members of the General Assembly appointed by the  Speaker  of
25    the  House  of  Representatives,  2  members  of  the General
26    Assembly appointed by the Minority Leader  of  the  House  of
27    Representatives;  2 members of the General Assembly appointed
28    by the President of the Senate,  2  members  of  the  General
29    Assembly  appointed  by  the Minority Leader of the Senate; 2
30    members appointed by the Governor; 1 member selected  by  the
 
                            -2-                LRB9201187SMdv
 1    International  Brotherhood  of  Electric  Workers;  1  member
 2    selected by the United Mine Workers; 1 member selected by the
 3    Illinois  Coal  Association;  and  1  member  selected by the
 4    Illinois Environmental Council.  The Governor shall select  1
 5    of  the  14 Board members to serve as Chair pending the first
 6    election of officers by Board members.
 7        The members appointed by the  Governor  shall  serve  for
 8    terms   of   4  years,  unless  otherwise  provided  in  this
 9    subsection. The initial terms of  original  appointees  shall
10    expire  on  January  15,  2005.   The  term  of  the  members
11    appointed  by  the  Governor  to  fill  a  vacancy created on
12    January 15, 2005, shall expire  on  January  15,  2009.   The
13    terms  of  the  members  appointed  by the Governor to fill a
14    vacancy created on January 15, 2009, shall expire on  January
15    15, 2013 or January 15, 2017, as determined by the Governor.
16        A  member appointed by a legislative leader shall serve a
17    term  of  5  years,  unless  otherwise   provided   in   this
18    subsection.   The  initial  term  of  a member appointed by a
19    legislative leader shall expire on January  15,  2006.    The
20    term  of a member appointed by a legislative leader to fill a
21    vacancy created on January 15, 2006, shall expire on  January
22    15,   2011   or  January  15,  2017,  as  determined  by  the
23    legislative leader.
24        The members chosen by the  International  Brotherhood  of
25    Electrical   Workers,  United  Mine  Workers,  Illinois  Coal
26    Association, and Illinois Environmental Council  shall  serve
27    for  terms  of  6  years.   The  initial  terms  of  original
28    appointees  shall  expire on January 15, 2007.  The term of a
29    member chosen by the International Brotherhood of  Electrical
30    Workers,  United  Mine Workers, Illinois Coal Association, or
31    Illinois Environmental Council to fill a vacancy  created  on
32    January  15,  2007 shall expire as follows:  2 on January 15,
33    2013 and 2 on January 15, 2017, as determined by lot.
34        A Board member appointed by the Speaker of the  House  of
 
                            -3-                LRB9201187SMdv
 1    Representatives,   the   Minority  Leader  of  the  House  of
 2    Representatives, the President of the Senate, or the Minority
 3    Leader of the Senate shall  not  receive  compensation.   All
 4    other  Board  members  shall  be entitled to compensation for
 5    their services not to exceed  $25,000  annually.   All  Board
 6    members  shall  be  entitled  to reimbursement for reasonable
 7    expenses incurred in the performance of their duties as Board
 8    members.
 9        The Board shall meet at least annually or at the call  of
10    the  Chair  for  a  meeting  of  the  Board.   At any time, a
11    majority of the Board may petition the Chair for a meeting of
12    the Board.  Eight members of the  Board  shall  constitute  a
13    quorum.
14        (b)  The    Board   shall   provide   advice   and   make
15    recommendations on the following Agency powers and duties:
16             (1)  To  develop   a   program   to   increase   the
17        utilization of Illinois coal.
18             (2)  To    approve    projects   and   funding   for
19        architectural and technical planning and installation  of
20        sulfur  dioxide and nitrogen emission control systems for
21        coal-fired electric generating units located in Illinois,
22        if the owner of the generating unit receiving the funding
23        agrees to:
24                  (A)  burn    Illinois    coal    to    generate
25             electricity, and
26                  (B)  employ  qualified  personal  to   install,
27             operate,  and  maintain generation, transmission, or
28             distribution facilities within the State.
29             (3)  To cooperate to  the  fullest  extent  possible
30        with   State   and   federal  agencies  and  departments,
31        independent organizations, and other  interested  groups,
32        public   and  private,  for  the  purposes  of  promoting
33        Illinois coal resources.
34             (4)  To submit an annual report to the Governor  and
 
                            -4-                LRB9201187SMdv
 1        the   General   Assembly   outlining   the  progress  and
 2        accomplishments made in the  year,  providing  an  annual
 3        accounting of funds received and disbursed, and reviewing
 4        the status of the program.
 5             (5)  To adopt, amend, and repeal rules, regulations,
 6        and bylaws governing the Board's organization and conduct
 7        of business.
 8             (6)  To authorize the expenditure of moneys for coal
 9        mining and coal development projects from the Coal Mining
10        and Coal Development Fund.
11             (7)  To  develop  strategies and to propose policies
12        to promote environmentally responsible uses  of  Illinois
13        coal  for  meeting electric power supply requirements and
14        for other purposes.

15        Section 15.  Rules. The Illinois Environmental Protection
16    Agency is authorized to promulgate  rules  to  implement  the
17    provisions of this Act.

18        Section  20.  Bonds.  The State of Illinois is authorized
19    to issue, sell, and provide for  the  retirement  of  general
20    obligation  bonds  of  the State of Illinois in the aggregate
21    principal amount of $500,000,000, hereinafter called "Bonds",
22    for the purposes of architectural and technical planning  and
23    installation  of  sulfur  dioxide and nitrogen oxide emission
24    control systems for coal-fired electricity generating units.

25        Section 25.  Bond proceeds.  The proceeds  of  the  bonds
26    shall  be  deposited  into  a separate fund known as the Coal
27    Mining and Coal Development Fund, which is hereby created.

28        Section 30.  Expenditure of Funds.   At  all  times,  the
29    proceeds  from the sale of Bonds are subject to appropriation
30    by the General Assembly and may be expended in  such  amounts
 
                            -5-                LRB9201187SMdv
 1    and  at  such  times as the Illinois Environmental Protection
 2    Agency may deem necessary or desirable for  the  purposes  of
 3    this Act.

 4        Section  35.  The  Illinois  Coal  and Energy Development
 5    Bond Act is amended by changing Section 6 as follows:

 6        (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106)
 7        Sec. 6.  The Department of Commerce and Community Affairs
 8    is authorized to use $120,000,000 for the purposes  specified
 9    in  this Act.  These funds shall be expended only for a grant
10    to the owner of a generating station located in Illinois  and
11    having  at  least  three  coal-fired  generating  units  with
12    accredited summer capacity greater than 500 megawatts each at
13    such  generating  station  as specifically authorized by this
14    paragraph.  Notwithstanding any of the  other  provisions  of
15    this  Act,  in  considering  the  approval  of projects to be
16    funded  under  this  Act,  the  Department  of  Commerce  and
17    Community  Affairs  shall  give  special   consideration   to
18    projects  which  are  designed  to  remove  sulfur  and other
19    pollutants in the preparation and utilization of coal, and in
20    the use and operation of electric utility  generating  plants
21    and  industrial  facilities  which  utilize  Illinois coal as
22    their primary source of fuel.  The Department of Commerce and
23    Community Affairs is directed to enter into a  contract  with
24    the  owner  of  a  generating station located in Illinois and
25    having  at  least  three  coal-fired  generating  units  with
26    accredited summer capability greater than 500 megawatts  each
27    at  such  generating station for a grant of $35,000,000 to be
28    made by the State of Illinois to such owner to be used to pay
29    costs of designing, acquiring, constructing,  installing  and
30    testing  facilities to reduce sulfur dioxide emissions at one
31    such  generating  unit  to  allow  that  unit  to  meet   the
32    requirements  of the Federal Clean Air Act Amendments of 1990
 
                            -6-                LRB9201187SMdv
 1    (P.L. 101-549) while continuing to use coal mined in Illinois
 2    as its source of fuel.
 3    (Source: P.A. 91-583, eff. 1-1-00.)

 4        Section 40.  The State Finance Act is amended  by  adding
 5    Section 5.545 as follows:

 6        (30 ILCS 105/5.545 new)
 7        Sec. 5.545.  The Coal Mining and Coal Development Fund.

 8        Section  45.  The  General Obligation Bond Act is amended
 9    by changing Section 2 as follows:

10        (30 ILCS 330/2) (from Ch. 127, par. 652)
11        Sec. 2. Authorization for Bonds.  The State  of  Illinois
12    is  authorized  to issue, sell and provide for the retirement
13    of General Obligation Bonds of the State of Illinois for  the
14    categories  and  specific  purposes  expressed  in Sections 2
15    through 8 of this Act, in the total amount of $14,697,632,592
16    $14,197,632,592.
17        The bonds authorized in this Section 2 and in Section  16
18    of this Act are herein called "Bonds".
19        Of  the  total amount of Bonds authorized in this Act, up
20    to $2,200,000,000 in aggregate original principal amount  may
21    be  issued  and  sold  in  accordance  with the Baccalaureate
22    Savings Act in the form of General Obligation College Savings
23    Bonds.
24        Of the total amount of Bonds authorized in this  Act,  up
25    to $300,000,000 in aggregate original principal amount may be
26    issued and sold in accordance with the Retirement Savings Act
27    in the form of General Obligation Retirement Savings Bonds.
28        The  issuance  and  sale of Bonds pursuant to the General
29    Obligation Bond Act is an economical and efficient method  of
30    financing  the  capital  needs  of  the State.  This Act will
 
                            -7-                LRB9201187SMdv
 1    permit the issuance of  a  multi-purpose  General  Obligation
 2    Bond  with  uniform  terms  and features.  This will not only
 3    lower the cost of registration but also  reduce  the  overall
 4    cost  of  issuing  debt  by  improving  the  marketability of
 5    Illinois General Obligation Bonds.
 6    (Source: P.A. 90-1, eff. 2-20-97; 90-8, eff. 12-8-97; 90-549,
 7    eff. 12-8-97;  90-586,  eff.  6-4-98;  91-39,  eff.  6-15-99;
 8    91-53, eff 6-30-99; 91-710, eff. 5-17-00.)

 9        (30 ILCS 330/7) (from Ch. 127, par. 657)
10        Sec.  7.  Coal  and  Energy  Development.   The amount of
11    $163,200,000 is authorized to be used by  the  Department  of
12    Commerce   and   Community   Affairs   for  coal  and  energy
13    development purposes, pursuant to Sections 2, 3  and  3.1  of
14    the  Illinois  Coal  and Energy Development Bond Act, and for
15    the  purposes  specified  in  Section  8.1  of   the   Energy
16    Conservation  and  Coal  Development  Act.   Of  this  amount
17    $115,000,000  is  for  the  specific purposes of acquisition,
18    development,   construction,   reconstruction,   improvement,
19    financing,   architectural   and   technical   planning   and
20    installation of capital facilities consisting  of  buildings,
21    structures,  durable  equipment,  and land for the purpose of
22    capital development of coal resources within  the  State  and
23    for  the  purposes  specified  in  Section  8.1 of the Energy
24    Conservation and Coal Development Act, $35,000,000 is for the
25    purposes specified in Section 8.1 of the Energy  Conservation
26    and  Coal Development Act, and making a grant to the owner of
27    a generating station located in Illinois and having at  least
28    three  coal-fired  generating  units  with  accredited summer
29    capability greater than 500 megawatts each at such generating
30    station as provided  in  Section  6  of  that  Bond  Act  and
31    $13,200,000 is for research, development and demonstration of
32    forms  of energy other than that derived from coal, either on
33    or off State property.
 
                            -8-                LRB9201187SMdv
 1        The amount of $500,000,000 is authorized to  be  used  by
 2    the  Environmental  Protection Agency for the purposes stated
 3    in subsection (b) of Section 3 of the Coal  Mining  and  Coal
 4    Development Act.
 5    (Source:  P.A.  89-445,  eff.  2-7-96;  90-312,  eff. 8-1-97;
 6    90-549, eff. 12-8-97.)

 7        Section 50.  The Use  Tax  Act  is  amended  by  changing
 8    Section 9 as follows:

 9        (35 ILCS 105/9) (from Ch. 120, par. 439.9)
10        Sec.   9.  Except   as  to  motor  vehicles,  watercraft,
11    aircraft, and trailers that are  required  to  be  registered
12    with  an  agency  of  this  State,  each retailer required or
13    authorized to collect the tax imposed by this Act  shall  pay
14    to the Department the amount of such tax (except as otherwise
15    provided)  at the time when he is required to file his return
16    for the period during which such tax was  collected,  less  a
17    discount  of  2.1% prior to January 1, 1990, and 1.75% on and
18    after January 1, 1990, or $5 per calendar year, whichever  is
19    greater,  which  is  allowed  to  reimburse  the retailer for
20    expenses incurred in collecting  the  tax,  keeping  records,
21    preparing and filing returns, remitting the tax and supplying
22    data  to the Department on request.  In the case of retailers
23    who report and pay the tax on a  transaction  by  transaction
24    basis,  as  provided  in this Section, such discount shall be
25    taken with each such tax  remittance  instead  of  when  such
26    retailer  files  his  periodic  return.   A retailer need not
27    remit that part of any tax collected by  him  to  the  extent
28    that  he  is required to remit and does remit the tax imposed
29    by the Retailers' Occupation Tax Act,  with  respect  to  the
30    sale of the same property.
31        Where  such  tangible  personal  property is sold under a
32    conditional sales contract, or under any other form  of  sale
 
                            -9-                LRB9201187SMdv
 1    wherein  the payment of the principal sum, or a part thereof,
 2    is extended beyond the close of  the  period  for  which  the
 3    return  is filed, the retailer, in collecting the tax (except
 4    as to motor vehicles, watercraft, aircraft, and trailers that
 5    are required to be registered with an agency of this  State),
 6    may  collect  for  each  tax  return  period,  only  the  tax
 7    applicable  to  that  part  of  the  selling  price  actually
 8    received during such tax return period.
 9        Except  as  provided  in  this  Section, on or before the
10    twentieth day of each calendar  month,  such  retailer  shall
11    file  a return for the preceding calendar month.  Such return
12    shall be filed on forms  prescribed  by  the  Department  and
13    shall   furnish   such  information  as  the  Department  may
14    reasonably require.
15        The Department may require  returns  to  be  filed  on  a
16    quarterly  basis.  If so required, a return for each calendar
17    quarter shall be filed on or before the twentieth day of  the
18    calendar  month  following  the end of such calendar quarter.
19    The taxpayer shall also file a return with the Department for
20    each of the first two months of each calendar quarter, on  or
21    before  the  twentieth  day  of the following calendar month,
22    stating:
23             1.  The name of the seller;
24             2.  The address of the principal place  of  business
25        from which he engages in the business of selling tangible
26        personal property at retail in this State;
27             3.  The total amount of taxable receipts received by
28        him  during  the  preceding  calendar month from sales of
29        tangible personal property by him during  such  preceding
30        calendar  month,  including receipts from charge and time
31        sales, but less all deductions allowed by law;
32             4.  The amount of credit provided in Section  2d  of
33        this Act;
34             5.  The amount of tax due;
 
                            -10-               LRB9201187SMdv
 1             5-5.  The signature of the taxpayer; and
 2             6.  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        Beginning  October 1, 1993, a taxpayer who has an average
 9    monthly tax liability of $150,000  or  more  shall  make  all
10    payments  required  by  rules of the Department by electronic
11    funds transfer. Beginning October 1, 1994, a taxpayer who has
12    an average monthly tax liability of $100,000  or  more  shall
13    make  all  payments  required  by  rules of the Department by
14    electronic funds  transfer.  Beginning  October  1,  1995,  a
15    taxpayer  who has an average monthly tax liability of $50,000
16    or more shall make all payments  required  by  rules  of  the
17    Department by electronic funds transfer. Beginning October 1,
18    2000,  a taxpayer who has an annual tax liability of $200,000
19    or more shall make all payments  required  by  rules  of  the
20    Department  by  electronic  funds transfer.  The term "annual
21    tax liability" shall be the sum of the taxpayer's liabilities
22    under  this  Act,  and  under  all  other  State  and   local
23    occupation  and  use tax laws administered by the Department,
24    for  the  immediately  preceding  calendar  year.  The   term
25    "average   monthly  tax  liability"  means  the  sum  of  the
26    taxpayer's liabilities under this Act, and  under  all  other
27    State  and  local occupation and use tax laws administered by
28    the Department, for the immediately preceding  calendar  year
29    divided by 12.
30        Before  August  1  of  each  year  beginning in 1993, the
31    Department  shall  notify  all  taxpayers  required  to  make
32    payments by electronic funds transfer. All taxpayers required
33    to make payments by  electronic  funds  transfer  shall  make
34    those payments for a minimum of one year beginning on October
 
                            -11-               LRB9201187SMdv
 1    1.
 2        Any  taxpayer not required to make payments by electronic
 3    funds transfer may make payments by electronic funds transfer
 4    with the permission of the Department.
 5        All taxpayers required  to  make  payment  by  electronic
 6    funds  transfer  and  any taxpayers authorized to voluntarily
 7    make payments by electronic funds transfer shall  make  those
 8    payments in the manner authorized by the Department.
 9        The Department shall adopt such rules as are necessary to
10    effectuate  a  program  of  electronic funds transfer and the
11    requirements of this Section.
12        Before October 1, 2000, if the taxpayer's average monthly
13    tax  liability  to  the  Department  under  this   Act,   the
14    Retailers'  Occupation  Tax  Act,  the Service Occupation Tax
15    Act, the Service Use Tax Act was $10,000 or more  during  the
16    preceding  4  complete  calendar  quarters,  he  shall file a
17    return with the Department each month by the 20th day of  the
18    month   next  following  the  month  during  which  such  tax
19    liability  is  incurred  and  shall  make  payments  to   the
20    Department  on  or before the 7th, 15th, 22nd and last day of
21    the month during which such liability  is  incurred.  On  and
22    after  October 1, 2000, if the taxpayer's average monthly tax
23    liability to the Department under this  Act,  the  Retailers'
24    Occupation  Tax  Act, the Service Occupation Tax Act, and the
25    Service Use Tax Act was $20,000 or more during the  preceding
26    4 complete calendar quarters, he shall file a return with the
27    Department  each  month  by  the  20th  day of the month next
28    following the  month  during  which  such  tax  liability  is
29    incurred  and  shall  make  payment  to  the Department on or
30    before the 7th, 15th, 22nd and last day of the  month  during
31    which  such  liability is incurred. If the month during which
32    such tax liability is incurred  began  prior  to  January  1,
33    1985,  each payment shall be in an amount equal to 1/4 of the
34    taxpayer's actual liability for the month or an amount set by
 
                            -12-               LRB9201187SMdv
 1    the Department not to  exceed  1/4  of  the  average  monthly
 2    liability of the taxpayer to the Department for the preceding
 3    4  complete calendar quarters (excluding the month of highest
 4    liability and the month of lowest liability in such 4 quarter
 5    period).  If the month during which  such  tax  liability  is
 6    incurred  begins  on  or  after January 1, 1985, and prior to
 7    January 1, 1987, each payment shall be in an amount equal  to
 8    22.5%  of  the  taxpayer's  actual liability for the month or
 9    27.5% of the taxpayer's liability for the same calendar month
10    of the preceding year.  If the month during  which  such  tax
11    liability is incurred begins on or after January 1, 1987, and
12    prior  to January 1, 1988, each payment shall be in an amount
13    equal to 22.5% of the taxpayer's  actual  liability  for  the
14    month  or  26.25%  of  the  taxpayer's liability for the same
15    calendar month of the preceding year.  If  the  month  during
16    which  such  tax  liability  is  incurred  begins on or after
17    January 1, 1988, and prior to January 1, 1989, or  begins  on
18    or  after January 1, 1996, each payment shall be in an amount
19    equal to 22.5% of the taxpayer's  actual  liability  for  the
20    month  or  25%  of  the  taxpayer's  liability  for  the same
21    calendar month of the preceding year.  If  the  month  during
22    which  such  tax  liability  is  incurred  begins on or after
23    January 1, 1989, and prior to January 1, 1996,  each  payment
24    shall be in an amount equal to 22.5% of the taxpayer's actual
25    liability  for  the  month or 25% of the taxpayer's liability
26    for the same calendar month of the preceding year or 100%  of
27    the  taxpayer's  actual  liability  for  the  quarter monthly
28    reporting  period.   The  amount  of  such  quarter   monthly
29    payments shall be credited against the final tax liability of
30    the  taxpayer's  return  for  that  month.  Before October 1,
31    2000, once applicable,  the  requirement  of  the  making  of
32    quarter  monthly  payments  to  the Department shall continue
33    until  such  taxpayer's  average  monthly  liability  to  the
34    Department during the preceding 4 complete calendar  quarters
 
                            -13-               LRB9201187SMdv
 1    (excluding  the  month  of highest liability and the month of
 2    lowest  liability)  is  less  than  $9,000,  or  until   such
 3    taxpayer's  average  monthly  liability  to the Department as
 4    computed  for  each  calendar  quarter  of  the  4  preceding
 5    complete  calendar  quarter  period  is  less  than  $10,000.
 6    However, if  a  taxpayer  can  show  the  Department  that  a
 7    substantial  change  in  the taxpayer's business has occurred
 8    which causes the taxpayer  to  anticipate  that  his  average
 9    monthly  tax  liability for the reasonably foreseeable future
10    will fall below the $10,000 threshold stated above, then such
11    taxpayer may petition  the  Department  for  change  in  such
12    taxpayer's  reporting  status.  On and after October 1, 2000,
13    once applicable, the requirement of  the  making  of  quarter
14    monthly  payments to the Department shall continue until such
15    taxpayer's average monthly liability to the Department during
16    the preceding 4 complete  calendar  quarters  (excluding  the
17    month of highest liability and the month of lowest liability)
18    is less than $19,000 or until such taxpayer's average monthly
19    liability  to  the  Department  as computed for each calendar
20    quarter of the 4 preceding complete calendar  quarter  period
21    is  less  than  $20,000.  However, if a taxpayer can show the
22    Department  that  a  substantial  change  in  the  taxpayer's
23    business has occurred which causes the taxpayer to anticipate
24    that his average monthly tax  liability  for  the  reasonably
25    foreseeable  future  will  fall  below  the $20,000 threshold
26    stated above, then such taxpayer may petition the  Department
27    for  a  change  in  such  taxpayer's  reporting  status.  The
28    Department shall  change  such  taxpayer's  reporting  status
29    unless  it  finds  that such change is seasonal in nature and
30    not likely to be long  term.  If  any  such  quarter  monthly
31    payment  is not paid at the time or in the amount required by
32    this Section, then the taxpayer shall be liable for penalties
33    and interest on the difference between the minimum amount due
34    and the amount of such quarter monthly payment  actually  and
 
                            -14-               LRB9201187SMdv
 1    timely  paid,  except  insofar as the taxpayer has previously
 2    made payments for that month to the Department in  excess  of
 3    the  minimum  payments  previously  due  as  provided in this
 4    Section.  The Department  shall  make  reasonable  rules  and
 5    regulations  to govern the quarter monthly payment amount and
 6    quarter monthly payment dates for taxpayers who file on other
 7    than a calendar monthly basis.
 8        If any such payment provided for in this Section  exceeds
 9    the  taxpayer's  liabilities  under  this Act, the Retailers'
10    Occupation Tax Act, the Service Occupation Tax  Act  and  the
11    Service  Use Tax Act, as shown by an original monthly return,
12    the  Department  shall  issue  to  the  taxpayer   a   credit
13    memorandum  no  later than 30 days after the date of payment,
14    which memorandum may be submitted  by  the  taxpayer  to  the
15    Department  in  payment  of  tax liability subsequently to be
16    remitted by the taxpayer to the Department or be assigned  by
17    the  taxpayer  to  a  similar  taxpayer  under  this Act, the
18    Retailers' Occupation Tax Act, the Service Occupation Tax Act
19    or the Service Use Tax Act,  in  accordance  with  reasonable
20    rules  and  regulations  to  be prescribed by the Department,
21    except that if such excess payment is shown  on  an  original
22    monthly return and is made after December 31, 1986, no credit
23    memorandum shall be issued, unless requested by the taxpayer.
24    If  no  such  request  is  made, the taxpayer may credit such
25    excess payment  against  tax  liability  subsequently  to  be
26    remitted  by  the  taxpayer to the Department under this Act,
27    the Retailers' Occupation Tax Act, the Service Occupation Tax
28    Act or the Service Use Tax Act, in accordance with reasonable
29    rules and regulations prescribed by the Department.   If  the
30    Department  subsequently  determines  that all or any part of
31    the credit taken was not actually due to  the  taxpayer,  the
32    taxpayer's  2.1%  or 1.75% vendor's discount shall be reduced
33    by 2.1% or 1.75% of the difference between the  credit  taken
34    and  that  actually due, and the taxpayer shall be liable for
 
                            -15-               LRB9201187SMdv
 1    penalties and interest on such difference.
 2        If the retailer is otherwise required to file  a  monthly
 3    return and if the retailer's average monthly tax liability to
 4    the  Department  does  not  exceed  $200,  the Department may
 5    authorize his returns to be filed on a quarter annual  basis,
 6    with  the  return for January, February, and March of a given
 7    year being due by April 20 of such year; with the return  for
 8    April,  May  and June of a given year being due by July 20 of
 9    such year; with the return for July, August and September  of
10    a  given  year being due by October 20 of such year, and with
11    the return for October, November and December of a given year
12    being due by January 20 of the following year.
13        If the retailer is otherwise required to file  a  monthly
14    or quarterly return and if the retailer's average monthly tax
15    liability   to  the  Department  does  not  exceed  $50,  the
16    Department may authorize his returns to be filed on an annual
17    basis, with the return for a given year being due by  January
18    20 of the following year.
19        Such  quarter  annual  and annual returns, as to form and
20    substance, shall be  subject  to  the  same  requirements  as
21    monthly returns.
22        Notwithstanding   any   other   provision   in  this  Act
23    concerning the time within which  a  retailer  may  file  his
24    return, in the case of any retailer who ceases to engage in a
25    kind  of  business  which  makes  him  responsible for filing
26    returns under this Act, such  retailer  shall  file  a  final
27    return  under  this Act with the Department not more than one
28    month after discontinuing such business.
29        In addition, with respect to motor vehicles,  watercraft,
30    aircraft,  and  trailers  that  are required to be registered
31    with an agency of this State,  every  retailer  selling  this
32    kind  of  tangible  personal  property  shall  file, with the
33    Department, upon a form to be prescribed and supplied by  the
34    Department,  a separate return for each such item of tangible
 
                            -16-               LRB9201187SMdv
 1    personal property which the retailer sells, except  that  if,
 2    in   the  same  transaction,  (i)  a  retailer  of  aircraft,
 3    watercraft, motor vehicles or trailers  transfers  more  than
 4    one aircraft, watercraft, motor vehicle or trailer to another
 5    aircraft,  watercraft,  motor vehicle or trailer retailer for
 6    the purpose  of  resale  or  (ii)  a  retailer  of  aircraft,
 7    watercraft,  motor  vehicles, or trailers transfers more than
 8    one aircraft, watercraft, motor  vehicle,  or  trailer  to  a
 9    purchaser  for  use as a qualifying rolling stock as provided
10    in Section 3-55 of this Act, then that seller may report  the
11    transfer  of  all the aircraft, watercraft, motor vehicles or
12    trailers involved in that transaction to  the  Department  on
13    the  same  uniform invoice-transaction reporting return form.
14    For purposes of this Section, "watercraft" means a  Class  2,
15    Class  3,  or Class 4 watercraft as defined in Section 3-2 of
16    the Boat Registration and Safety Act, a personal  watercraft,
17    or any boat equipped with an inboard motor.
18        The  transaction  reporting  return  in the case of motor
19    vehicles or trailers that are required to be registered  with
20    an  agency  of  this State, shall be the same document as the
21    Uniform Invoice referred to in Section 5-402 of the  Illinois
22    Vehicle  Code  and  must  show  the  name  and address of the
23    seller; the name and address of the purchaser; the amount  of
24    the  selling  price  including  the  amount  allowed  by  the
25    retailer  for  traded-in property, if any; the amount allowed
26    by the retailer for the traded-in tangible personal property,
27    if any, to the extent to which Section 2 of this  Act  allows
28    an exemption for the value of traded-in property; the balance
29    payable  after  deducting  such  trade-in  allowance from the
30    total selling price; the amount of tax due from the  retailer
31    with respect to such transaction; the amount of tax collected
32    from  the  purchaser  by the retailer on such transaction (or
33    satisfactory evidence that  such  tax  is  not  due  in  that
34    particular  instance, if that is claimed to be the fact); the
 
                            -17-               LRB9201187SMdv
 1    place and date of the sale; a  sufficient  identification  of
 2    the  property  sold; such other information as is required in
 3    Section 5-402 of the Illinois Vehicle Code,  and  such  other
 4    information as the Department may reasonably require.
 5        The   transaction   reporting   return  in  the  case  of
 6    watercraft and aircraft must show the name and address of the
 7    seller; the name and address of the purchaser; the amount  of
 8    the  selling  price  including  the  amount  allowed  by  the
 9    retailer  for  traded-in property, if any; the amount allowed
10    by the retailer for the traded-in tangible personal property,
11    if any, to the extent to which Section 2 of this  Act  allows
12    an exemption for the value of traded-in property; the balance
13    payable  after  deducting  such  trade-in  allowance from the
14    total selling price; the amount of tax due from the  retailer
15    with respect to such transaction; the amount of tax collected
16    from  the  purchaser  by the retailer on such transaction (or
17    satisfactory evidence that  such  tax  is  not  due  in  that
18    particular  instance, if that is claimed to be the fact); the
19    place and date of the sale, a  sufficient  identification  of
20    the   property  sold,  and  such  other  information  as  the
21    Department may reasonably require.
22        Such transaction reporting  return  shall  be  filed  not
23    later  than  20  days  after the date of delivery of the item
24    that is being sold, but may be filed by the retailer  at  any
25    time   sooner  than  that  if  he  chooses  to  do  so.   The
26    transaction reporting return and tax remittance or  proof  of
27    exemption  from  the  tax  that is imposed by this Act may be
28    transmitted to the Department by way of the State agency with
29    which, or State officer  with  whom,  the  tangible  personal
30    property   must  be  titled  or  registered  (if  titling  or
31    registration is required) if the Department and  such  agency
32    or  State officer determine that this procedure will expedite
33    the processing of applications for title or registration.
34        With each such transaction reporting return, the retailer
 
                            -18-               LRB9201187SMdv
 1    shall remit the proper amount of tax  due  (or  shall  submit
 2    satisfactory evidence that the sale is not taxable if that is
 3    the  case),  to  the  Department or its agents, whereupon the
 4    Department shall  issue,  in  the  purchaser's  name,  a  tax
 5    receipt  (or  a certificate of exemption if the Department is
 6    satisfied that the particular sale is tax exempt) which  such
 7    purchaser  may  submit  to  the  agency  with which, or State
 8    officer with whom, he must title  or  register  the  tangible
 9    personal   property   that   is   involved   (if  titling  or
10    registration is required)  in  support  of  such  purchaser's
11    application  for an Illinois certificate or other evidence of
12    title or registration to such tangible personal property.
13        No retailer's failure or refusal to remit tax under  this
14    Act  precludes  a  user,  who  has paid the proper tax to the
15    retailer, from obtaining his certificate of  title  or  other
16    evidence of title or registration (if titling or registration
17    is  required)  upon  satisfying the Department that such user
18    has paid the proper tax (if tax is due) to the retailer.  The
19    Department shall adopt appropriate rules  to  carry  out  the
20    mandate of this paragraph.
21        If  the  user who would otherwise pay tax to the retailer
22    wants the transaction reporting return filed and the  payment
23    of  tax  or  proof of exemption made to the Department before
24    the retailer is willing to take these actions and  such  user
25    has  not  paid the tax to the retailer, such user may certify
26    to the fact of such delay by the retailer, and may (upon  the
27    Department   being   satisfied   of   the   truth   of   such
28    certification)  transmit  the  information  required  by  the
29    transaction  reporting  return  and the remittance for tax or
30    proof of exemption directly to the Department and obtain  his
31    tax  receipt  or  exemption determination, in which event the
32    transaction reporting return and tax  remittance  (if  a  tax
33    payment  was required) shall be credited by the Department to
34    the  proper  retailer's  account  with  the  Department,  but
 
                            -19-               LRB9201187SMdv
 1    without the 2.1% or  1.75%  discount  provided  for  in  this
 2    Section  being  allowed.  When the user pays the tax directly
 3    to the Department, he shall pay the tax in  the  same  amount
 4    and in the same form in which it would be remitted if the tax
 5    had been remitted to the Department by the retailer.
 6        Where  a  retailer  collects  the tax with respect to the
 7    selling price of tangible personal property  which  he  sells
 8    and  the  purchaser thereafter returns such tangible personal
 9    property and the retailer refunds the selling  price  thereof
10    to  the  purchaser,  such  retailer shall also refund, to the
11    purchaser, the tax so  collected  from  the  purchaser.  When
12    filing his return for the period in which he refunds such tax
13    to  the  purchaser, the retailer may deduct the amount of the
14    tax so refunded by him to the purchaser from  any  other  use
15    tax  which  such  retailer may be required to pay or remit to
16    the Department, as shown by such return, if the amount of the
17    tax to be deducted was previously remitted to the  Department
18    by  such  retailer.   If  the  retailer  has  not  previously
19    remitted  the  amount  of  such  tax to the Department, he is
20    entitled to no deduction under this Act upon  refunding  such
21    tax to the purchaser.
22        Any  retailer  filing  a  return under this Section shall
23    also include (for the purpose  of  paying  tax  thereon)  the
24    total  tax  covered  by such return upon the selling price of
25    tangible personal property purchased by him at retail from  a
26    retailer, but as to which the tax imposed by this Act was not
27    collected  from  the  retailer  filing  such return, and such
28    retailer shall remit the amount of such tax to the Department
29    when filing such return.
30        If experience indicates such action  to  be  practicable,
31    the  Department  may  prescribe  and furnish a combination or
32    joint return which will enable retailers, who are required to
33    file  returns  hereunder  and  also  under   the   Retailers'
34    Occupation  Tax  Act,  to  furnish all the return information
 
                            -20-               LRB9201187SMdv
 1    required by both Acts on the one form.
 2        Where the retailer has more than one business  registered
 3    with  the  Department  under separate registration under this
 4    Act, such retailer may not file each return that is due as  a
 5    single  return  covering  all such registered businesses, but
 6    shall  file  separate  returns  for  each   such   registered
 7    business.
 8        Beginning  January  1,  1990,  each  month the Department
 9    shall pay into the State and Local Sales Tax Reform  Fund,  a
10    special  fund  in the State Treasury which is hereby created,
11    the net revenue realized for the preceding month from the  1%
12    tax  on  sales  of  food for human consumption which is to be
13    consumed off the  premises  where  it  is  sold  (other  than
14    alcoholic  beverages,  soft  drinks  and  food which has been
15    prepared for  immediate  consumption)  and  prescription  and
16    nonprescription  medicines,  drugs,  medical  appliances  and
17    insulin,  urine  testing materials, syringes and needles used
18    by diabetics.
19        Beginning January 1,  1990,  each  month  the  Department
20    shall  pay  into the County and Mass Transit District Fund 4%
21    of the net revenue realized for the preceding month from  the
22    6.25%  general rate on the selling price of tangible personal
23    property which is purchased outside Illinois at retail from a
24    retailer and which is titled or registered by  an  agency  of
25    this State's government.
26        Beginning  January  1,  1990,  each  month the Department
27    shall pay into the State and Local Sales Tax Reform  Fund,  a
28    special  fund  in  the State Treasury, 20% of the net revenue
29    realized for the preceding month from the 6.25% general  rate
30    on  the  selling  price  of tangible personal property, other
31    than tangible personal property which  is  purchased  outside
32    Illinois  at  retail  from  a retailer and which is titled or
33    registered by an agency of this State's government.
34        Beginning August 1, 2000, each month the Department shall
 
                            -21-               LRB9201187SMdv
 1    pay into the State and Local Sales Tax Reform  Fund  100%  of
 2    the  net  revenue  realized  for the preceding month from the
 3    1.25% rate on the selling price of motor fuel and gasohol.
 4        Beginning January 1,  1990,  each  month  the  Department
 5    shall  pay  into the Local Government Tax Fund 16% of the net
 6    revenue realized for  the  preceding  month  from  the  6.25%
 7    general  rate  on  the  selling  price  of  tangible personal
 8    property which is purchased outside Illinois at retail from a
 9    retailer and which is titled or registered by  an  agency  of
10    this State's government.
11        Beginning August 1, 2001, each month the Department shall
12    pay  into the General Obligation Bond Retirement and Interest
13    Fund 80% of the net revenue realized for the preceding  month
14    from  the  6.25%  general  rate  on the selling price of coal
15    until the Bureau of the Budget certifies  to  the  Department
16    that  the  amount  that  will  be  necessary  to  finance the
17    principal of, interest  on,  and  premium,  if  any,  on  the
18    $500,000,000   in   additional   general   obligation   bonds
19    authorized to be issued under this amendatory Act of the 92nd
20    General Assembly for coal development has been paid into that
21    Fund.
22        Of the remainder of the moneys received by the Department
23    pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
24    the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
25    and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
26    into the Build Illinois Fund; provided, however, that  if  in
27    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
28    as  the case may be, of the moneys received by the Department
29    and required to be paid into the Build Illinois Fund pursuant
30    to Section 3 of the Retailers' Occupation Tax Act, Section  9
31    of the Use Tax Act, Section 9 of the Service Use Tax Act, and
32    Section  9 of the Service Occupation Tax Act, such Acts being
33    hereinafter called the "Tax Acts" and such aggregate of  2.2%
34    or  3.8%,  as  the  case  may be, of moneys being hereinafter
 
                            -22-               LRB9201187SMdv
 1    called the "Tax Act Amount", and (2) the  amount  transferred
 2    to the Build Illinois Fund from the State and Local Sales Tax
 3    Reform  Fund  shall  be less than the Annual Specified Amount
 4    (as defined in Section 3 of  the  Retailers'  Occupation  Tax
 5    Act),  an amount equal to the difference shall be immediately
 6    paid into the Build Illinois Fund from other moneys  received
 7    by  the  Department  pursuant  to  the  Tax Acts; and further
 8    provided, that if on the last business day of any  month  the
 9    sum  of  (1) the Tax Act Amount required to be deposited into
10    the Build Illinois Bond Account in the  Build  Illinois  Fund
11    during  such month and (2) the amount transferred during such
12    month to the Build Illinois Fund from  the  State  and  Local
13    Sales  Tax  Reform Fund shall have been less than 1/12 of the
14    Annual Specified Amount, an amount equal  to  the  difference
15    shall  be  immediately paid into the Build Illinois Fund from
16    other moneys received by the Department pursuant to  the  Tax
17    Acts;  and,  further  provided,  that  in  no event shall the
18    payments required  under  the  preceding  proviso  result  in
19    aggregate  payments  into the Build Illinois Fund pursuant to
20    this clause (b) for any fiscal year in excess of the  greater
21    of (i) the Tax Act Amount or (ii) the Annual Specified Amount
22    for such fiscal year; and, further provided, that the amounts
23    payable  into  the  Build Illinois Fund under this clause (b)
24    shall be payable only until such time as the aggregate amount
25    on deposit under each trust indenture securing  Bonds  issued
26    and  outstanding  pursuant  to the Build Illinois Bond Act is
27    sufficient, taking into account any future investment income,
28    to fully provide, in accordance with such indenture, for  the
29    defeasance of or the payment of the principal of, premium, if
30    any,  and interest on the Bonds secured by such indenture and
31    on any Bonds expected to be issued thereafter  and  all  fees
32    and  costs  payable with respect thereto, all as certified by
33    the Director of the Bureau of the Budget.   If  on  the  last
34    business  day  of  any  month  in which Bonds are outstanding
 
                            -23-               LRB9201187SMdv
 1    pursuant to the Build Illinois Bond Act, the aggregate of the
 2    moneys deposited in the Build Illinois Bond  Account  in  the
 3    Build  Illinois  Fund  in  such  month shall be less than the
 4    amount required to be transferred  in  such  month  from  the
 5    Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
 6    Retirement and Interest Fund pursuant to Section  13  of  the
 7    Build  Illinois  Bond Act, an amount equal to such deficiency
 8    shall be immediately paid from other moneys received  by  the
 9    Department  pursuant  to  the  Tax Acts to the Build Illinois
10    Fund; provided, however, that any amounts paid to  the  Build
11    Illinois  Fund  in  any fiscal year pursuant to this sentence
12    shall be deemed to constitute payments pursuant to clause (b)
13    of  the  preceding  sentence  and  shall  reduce  the  amount
14    otherwise payable for such fiscal year pursuant to clause (b)
15    of the  preceding  sentence.   The  moneys  received  by  the
16    Department  pursuant to this Act and required to be deposited
17    into the Build Illinois Fund are subject to the pledge, claim
18    and charge set forth in Section 12 of the Build Illinois Bond
19    Act.
20        Subject to payment of amounts  into  the  Build  Illinois
21    Fund  as  provided  in  the  preceding  paragraph  or  in any
22    amendment thereto hereafter enacted, the following  specified
23    monthly   installment   of   the   amount  requested  in  the
24    certificate of the Chairman  of  the  Metropolitan  Pier  and
25    Exposition  Authority  provided  under  Section  8.25f of the
26    State Finance Act, but not in excess of the  sums  designated
27    as  "Total Deposit", shall be deposited in the aggregate from
28    collections under Section 9 of the Use Tax Act, Section 9  of
29    the  Service Use Tax Act, Section 9 of the Service Occupation
30    Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
31    into  the  McCormick  Place  Expansion  Project  Fund  in the
32    specified fiscal years.
33             Fiscal Year                   Total Deposit
34                 1993                            $0
 
                            -24-               LRB9201187SMdv
 1                 1994                        53,000,000
 2                 1995                        58,000,000
 3                 1996                        61,000,000
 4                 1997                        64,000,000
 5                 1998                        68,000,000
 6                 1999                        71,000,000
 7                 2000                        75,000,000
 8                 2001                        80,000,000
 9                 2002                        84,000,000
10                 2003                        89,000,000
11                 2004                        93,000,000
12                 2005                        97,000,000
13                 2006                       102,000,000
14                 2007                       108,000,000
15                 2008                       115,000,000
16                 2009                       120,000,000
17                 2010                       126,000,000
18                 2011                       132,000,000
19                 2012                       138,000,000
20                 2013 and                   145,000,000
21        each fiscal year
22        thereafter that bonds
23        are outstanding under
24        Section 13.2 of the
25        Metropolitan Pier and
26        Exposition Authority
27        Act, but not after fiscal year 2029.
28        Beginning July 20, 1993 and in each month of each  fiscal
29    year  thereafter,  one-eighth  of the amount requested in the
30    certificate of the Chairman  of  the  Metropolitan  Pier  and
31    Exposition  Authority  for  that fiscal year, less the amount
32    deposited into the McCormick Place Expansion Project Fund  by
33    the  State Treasurer in the respective month under subsection
34    (g) of Section 13 of the  Metropolitan  Pier  and  Exposition
 
                            -25-               LRB9201187SMdv
 1    Authority  Act,  plus cumulative deficiencies in the deposits
 2    required under this Section for previous  months  and  years,
 3    shall be deposited into the McCormick Place Expansion Project
 4    Fund,  until  the  full amount requested for the fiscal year,
 5    but not in excess of the amount  specified  above  as  "Total
 6    Deposit", has been deposited.
 7        Subject  to  payment  of  amounts into the Build Illinois
 8    Fund and the McCormick Place Expansion Project Fund  pursuant
 9    to  the  preceding  paragraphs  or  in  any amendment thereto
10    hereafter enacted, each month the Department shall  pay  into
11    the Local Government Distributive Fund .4% of the net revenue
12    realized for the preceding month from the 5% general rate, or
13    .4%  of  80%  of  the  net revenue realized for the preceding
14    month from the 6.25% general rate, as the case may be, on the
15    selling price of  tangible  personal  property  which  amount
16    shall,  subject  to appropriation, be distributed as provided
17    in Section 2 of the State Revenue Sharing Act. No payments or
18    distributions pursuant to this paragraph shall be made if the
19    tax imposed  by  this  Act  on  photoprocessing  products  is
20    declared  unconstitutional,  or if the proceeds from such tax
21    are unavailable for distribution because of litigation.
22        Subject to payment of amounts  into  the  Build  Illinois
23    Fund,  the  McCormick  Place  Expansion Project Fund, and the
24    Local Government Distributive Fund pursuant to the  preceding
25    paragraphs  or  in  any amendments thereto hereafter enacted,
26    beginning July 1, 1993, the Department shall each  month  pay
27    into  the Illinois Tax Increment Fund 0.27% of 80% 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.
31        Of the remainder of the moneys received by the Department
32    pursuant to this Act, 75% thereof  shall  be  paid  into  the
33    State Treasury and 25% shall be reserved in a special account
34    and  used  only for the transfer to the Common School Fund as
 
                            -26-               LRB9201187SMdv
 1    part of the monthly transfer from the General Revenue Fund in
 2    accordance with Section 8a of the State Finance Act.
 3        As soon as possible after the first day  of  each  month,
 4    upon   certification   of  the  Department  of  Revenue,  the
 5    Comptroller shall order transferred and the  Treasurer  shall
 6    transfer  from the General Revenue Fund to the Motor Fuel Tax
 7    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
 8    realized  under  this  Act  for  the  second preceding month.
 9    Beginning April 1, 2000, this transfer is no longer  required
10    and shall not be made.
11        Net  revenue  realized  for  a month shall be the revenue
12    collected by the State pursuant to this Act, less the  amount
13    paid  out  during  that  month  as  refunds  to taxpayers for
14    overpayment of liability.
15        For greater simplicity of administration,  manufacturers,
16    importers  and  wholesalers whose products are sold at retail
17    in Illinois by numerous retailers, and who wish to do so, may
18    assume the responsibility for accounting and  paying  to  the
19    Department  all  tax  accruing under this Act with respect to
20    such sales, if the retailers who are  affected  do  not  make
21    written objection to the Department to this arrangement.
22    (Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
23    91-37,   eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,  eff.
24    7-12-99; 91-541, eff. 8-13-99; 91-872, eff.  7-1-00;  91-901,
25    eff. 1-1-01; revised 8-30-00.)

26        Section  55.  The  Service  Use  Tax  Act  is  amended by
27    changing Section 9 as follows:

28        (35 ILCS 110/9) (from Ch. 120, par. 439.39)
29        Sec.  9.  Each  serviceman  required  or  authorized   to
30    collect  the  tax  herein imposed shall pay to the Department
31    the amount of such tax (except as otherwise provided) at  the
32    time  when  he  is required to file his return for the period
 
                            -27-               LRB9201187SMdv
 1    during which such tax was collected, less a discount of  2.1%
 2    prior  to  January  1, 1990 and 1.75% on and after January 1,
 3    1990, or $5 per calendar year, whichever is greater, which is
 4    allowed to reimburse the serviceman for expenses incurred  in
 5    collecting  the  tax,  keeping  records, preparing and filing
 6    returns,  remitting  the  tax  and  supplying  data  to   the
 7    Department  on request. A serviceman need not remit that part
 8    of any tax collected by him to the extent that he is required
 9    to pay and does pay the tax imposed by the Service Occupation
10    Tax Act with respect to his sale  of  service  involving  the
11    incidental transfer by him of the same property.
12        Except  as  provided  hereinafter  in this Section, on or
13    before  the  twentieth  day  of  each  calendar  month,  such
14    serviceman shall file a return  for  the  preceding  calendar
15    month  in accordance with reasonable Rules and Regulations to
16    be promulgated by the Department. Such return shall be  filed
17    on a form prescribed by the Department and shall contain such
18    information as the Department may reasonably require.
19        The  Department  may  require  returns  to  be filed on a
20    quarterly basis.  If so required, a return for each  calendar
21    quarter  shall be filed on or before the twentieth day of the
22    calendar month following the end of  such  calendar  quarter.
23    The taxpayer shall also file a return with the Department for
24    each  of the first two months of each calendar quarter, on or
25    before the twentieth day of  the  following  calendar  month,
26    stating:
27             1.  The name of the seller;
28             2.  The  address  of the principal place of business
29        from which he engages in business as a serviceman in this
30        State;
31             3.  The total amount of taxable receipts received by
32        him  during  the  preceding  calendar  month,   including
33        receipts  from  charge  and  time  sales,  but  less  all
34        deductions allowed by law;
 
                            -28-               LRB9201187SMdv
 1             4.  The  amount  of credit provided in Section 2d of
 2        this Act;
 3             5.  The amount of tax due;
 4             5-5.  The signature of the taxpayer; and
 5             6.  Such  other  reasonable   information   as   the
 6        Department may require.
 7        If a taxpayer fails to sign a return within 30 days after
 8    the proper notice and demand for signature by the Department,
 9    the  return shall be considered valid and any amount shown to
10    be due on the return shall be deemed assessed.
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. Beginning October 1,
21    2000,  a taxpayer who has an annual tax liability of $200,000
22    or more shall make all payments  required  by  rules  of  the
23    Department  by  electronic  funds transfer.  The term "annual
24    tax liability" shall be the sum of the taxpayer's liabilities
25    under  this  Act,  and  under  all  other  State  and   local
26    occupation  and  use tax laws administered by the Department,
27    for the  immediately  preceding  calendar  year.    The  term
28    "average   monthly  tax  liability"  means  the  sum  of  the
29    taxpayer's liabilities under this Act, and  under  all  other
30    State  and  local occupation and use tax laws administered by
31    the Department, for the immediately preceding  calendar  year
32    divided by 12.
33        Before  August  1  of  each  year  beginning in 1993, the
34    Department  shall  notify  all  taxpayers  required  to  make
 
                            -29-               LRB9201187SMdv
 1    payments by electronic funds transfer. All taxpayers required
 2    to make payments by  electronic  funds  transfer  shall  make
 3    those payments for a minimum of one year beginning on October
 4    1.
 5        Any  taxpayer not required to make payments by electronic
 6    funds transfer may make payments by electronic funds transfer
 7    with the permission of the Department.
 8        All taxpayers required  to  make  payment  by  electronic
 9    funds  transfer  and  any taxpayers authorized to voluntarily
10    make payments by electronic funds transfer shall  make  those
11    payments in the manner authorized by the Department.
12        The Department shall adopt such rules as are necessary to
13    effectuate  a  program  of  electronic funds transfer and the
14    requirements of this Section.
15        If the serviceman is otherwise required to file a monthly
16    return and if the serviceman's average monthly tax  liability
17    to  the  Department  does not exceed $200, the Department may
18    authorize his returns to be filed on a quarter annual  basis,
19    with  the  return  for January, February and March of a given
20    year being due by April 20 of such year; with the return  for
21    April,  May  and June of a given year being due by July 20 of
22    such year; with the return for July, August and September  of
23    a  given  year being due by October 20 of such year, and with
24    the return for October, November and December of a given year
25    being due by January 20 of the following year.
26        If the serviceman is otherwise required to file a monthly
27    or quarterly return and if the serviceman's  average  monthly
28    tax  liability  to  the  Department  does not exceed $50, the
29    Department may authorize his returns to be filed on an annual
30    basis, with the return for a given year being due by  January
31    20 of the following year.
32        Such  quarter  annual  and annual returns, as to form and
33    substance, shall be  subject  to  the  same  requirements  as
34    monthly returns.
 
                            -30-               LRB9201187SMdv
 1        Notwithstanding   any   other   provision   in  this  Act
 2    concerning the time within which a serviceman  may  file  his
 3    return, in the case of any serviceman who ceases to engage in
 4    a  kind  of  business  which makes him responsible for filing
 5    returns under this Act, such serviceman shall  file  a  final
 6    return  under  this  Act  with the Department not more than 1
 7    month after discontinuing such business.
 8        Where a serviceman collects the tax with respect  to  the
 9    selling  price  of  property which he sells and the purchaser
10    thereafter returns such property and the  serviceman  refunds
11    the  selling  price thereof to the purchaser, such serviceman
12    shall also refund, to the purchaser,  the  tax  so  collected
13    from  the purchaser. When filing his return for the period in
14    which he refunds such tax to the  purchaser,  the  serviceman
15    may  deduct  the  amount of the tax so refunded by him to the
16    purchaser from any other Service Use Tax, Service  Occupation
17    Tax,   retailers'  occupation  tax  or  use  tax  which  such
18    serviceman may be required to pay or remit to the Department,
19    as shown by such return, provided that the amount of the  tax
20    to  be  deducted  shall  previously have been remitted to the
21    Department by such serviceman. If the  serviceman  shall  not
22    previously  have  remitted  the  amount  of  such  tax to the
23    Department, he shall be entitled to  no  deduction  hereunder
24    upon refunding such tax to the purchaser.
25        Any  serviceman  filing  a  return  hereunder  shall also
26    include the total tax upon  the  selling  price  of  tangible
27    personal  property purchased for use by him as an incident to
28    a sale of service, and such serviceman shall remit the amount
29    of such tax to the Department when filing such return.
30        If experience indicates such action  to  be  practicable,
31    the  Department  may  prescribe  and furnish a combination or
32    joint return which will enable servicemen, who  are  required
33    to   file  returns  hereunder  and  also  under  the  Service
34    Occupation Tax Act, to furnish  all  the  return  information
 
                            -31-               LRB9201187SMdv
 1    required by both Acts on the one form.
 2        Where   the   serviceman   has  more  than  one  business
 3    registered with the Department  under  separate  registration
 4    hereunder, such serviceman shall not file each return that is
 5    due   as   a  single  return  covering  all  such  registered
 6    businesses, but shall file separate  returns  for  each  such
 7    registered business.
 8        Beginning  January  1,  1990,  each  month the Department
 9    shall pay into the State and Local Tax Reform Fund, a special
10    fund in the State Treasury, the net revenue realized for  the
11    preceding  month  from  the 1% tax on sales of food for human
12    consumption which is to be consumed off the premises where it
13    is sold (other than alcoholic beverages, soft drinks and food
14    which  has  been  prepared  for  immediate  consumption)  and
15    prescription and nonprescription  medicines,  drugs,  medical
16    appliances and insulin, urine testing materials, syringes and
17    needles used by diabetics.
18        Beginning  January  1,  1990,  each  month the Department
19    shall pay into the State and Local Sales Tax Reform Fund  20%
20    of  the net revenue realized for the preceding month from the
21    6.25%  general  rate  on  transfers  of   tangible   personal
22    property,  other  than  tangible  personal  property which is
23    purchased outside Illinois at  retail  from  a  retailer  and
24    which  is  titled  or registered by an agency of this State's
25    government.
26        Beginning August 1, 2000, each month the Department shall
27    pay into the State and Local Sales Tax Reform  Fund  100%  of
28    the  net  revenue  realized  for the preceding month from the
29    1.25% rate on the selling price of motor fuel and gasohol.
30        Beginning August 1, 2001, each month the Department shall
31    pay into the General Obligation Bond Retirement and  Interest
32    Fund  80% of the net revenue realized for the preceding month
33    from the 6.25% general rate on  the  selling  price  of  coal
34    until  the  Bureau  of the Budget certifies to the Department
 
                            -32-               LRB9201187SMdv
 1    that the  amount  that  will  be  necessary  to  finance  the
 2    principal  of,  interest  on,  and  premium,  if  any, on the
 3    $500,000,000   in   additional   general   obligation   bonds
 4    authorized to be issued under this amendatory Act of the 92nd
 5    General Assembly for coal development has been paid into that
 6    Fund.
 7        Of the remainder of the moneys received by the Department
 8    pursuant to this Act, (a)  1.75% thereof shall be  paid  into
 9    the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
10    and on and after July 1, 1989, 3.8% thereof  shall  be   paid
11    into  the  Build Illinois Fund; provided, however, that if in
12    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
13    as the case may be, of the moneys received by the  Department
14    and required to be paid into the Build Illinois Fund pursuant
15    to  Section 3 of the Retailers' Occupation Tax Act, Section 9
16    of the Use Tax Act, Section 9 of the Service Use Tax Act, and
17    Section 9 of the Service Occupation Tax Act, such Acts  being
18    hereinafter  called the "Tax Acts" and such aggregate of 2.2%
19    or 3.8%, as the case may  be,  of  moneys  being  hereinafter
20    called  the  "Tax Act Amount", and (2) the amount transferred
21    to the Build Illinois Fund from the State and Local Sales Tax
22    Reform Fund shall be less than the Annual  Specified   Amount
23    (as  defined  in  Section  3 of the Retailers' Occupation Tax
24    Act), an amount equal to the difference shall be  immediately
25    paid  into the Build Illinois Fund from other moneys received
26    by the Department pursuant  to  the  Tax  Acts;  and  further
27    provided,  that  if on the last business day of any month the
28    sum of (1) the Tax Act Amount required to be  deposited  into
29    the  Build  Illinois  Bond Account in the Build Illinois Fund
30    during such month and (2) the amount transferred during  such
31    month  to  the  Build  Illinois Fund from the State and Local
32    Sales Tax Reform Fund shall have been less than 1/12  of  the
33    Annual  Specified  Amount,  an amount equal to the difference
34    shall be immediately paid into the Build Illinois  Fund  from
 
                            -33-               LRB9201187SMdv
 1    other  moneys  received by the Department pursuant to the Tax
 2    Acts; and, further provided,  that  in  no  event  shall  the
 3    payments  required  under  the  preceding  proviso  result in
 4    aggregate payments into the Build Illinois Fund  pursuant  to
 5    this  clause (b) for any fiscal year in excess of the greater
 6    of (i) the Tax Act Amount or (ii) the Annual Specified Amount
 7    for such fiscal year; and, further provided, that the amounts
 8    payable into the Build Illinois Fund under  this  clause  (b)
 9    shall be payable only until such time as the aggregate amount
10    on  deposit  under each trust indenture securing Bonds issued
11    and outstanding pursuant to the Build Illinois  Bond  Act  is
12    sufficient, taking into account any future investment income,
13    to  fully provide, in accordance with such indenture, for the
14    defeasance of or the payment of the principal of, premium, if
15    any, and interest on the Bonds secured by such indenture  and
16    on  any  Bonds  expected to be issued thereafter and all fees
17    and costs payable with respect thereto, all as  certified  by
18    the  Director  of  the  Bureau of the Budget.  If on the last
19    business day of any month  in  which  Bonds  are  outstanding
20    pursuant to the Build Illinois Bond Act, the aggregate of the
21    moneys  deposited  in  the Build Illinois Bond Account in the
22    Build Illinois Fund in such month  shall  be  less  than  the
23    amount  required  to  be  transferred  in such month from the
24    Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
25    Retirement  and  Interest  Fund pursuant to Section 13 of the
26    Build Illinois Bond Act, an amount equal to  such  deficiency
27    shall  be  immediately paid from other moneys received by the
28    Department pursuant to the Tax Acts  to  the  Build  Illinois
29    Fund;  provided,  however, that any amounts paid to the Build
30    Illinois Fund in any fiscal year pursuant  to  this  sentence
31    shall be deemed to constitute payments pursuant to clause (b)
32    of  the  preceding  sentence  and  shall  reduce  the  amount
33    otherwise payable for such fiscal year pursuant to clause (b)
34    of  the  preceding  sentence.   The  moneys  received  by the
 
                            -34-               LRB9201187SMdv
 1    Department pursuant to this Act and required to be  deposited
 2    into the Build Illinois Fund are subject to the pledge, claim
 3    and charge set forth in Section 12 of the Build Illinois Bond
 4    Act.
 5        Subject  to  payment  of  amounts into the Build Illinois
 6    Fund as  provided  in  the  preceding  paragraph  or  in  any
 7    amendment  thereto hereafter enacted, the following specified
 8    monthly  installment  of  the   amount   requested   in   the
 9    certificate  of  the  Chairman  of  the Metropolitan Pier and
10    Exposition Authority provided  under  Section  8.25f  of  the
11    State  Finance  Act, but not in excess of the sums designated
12    as "Total Deposit", shall be deposited in the aggregate  from
13    collections  under Section 9 of the Use Tax Act, Section 9 of
14    the Service Use Tax Act, Section 9 of the Service  Occupation
15    Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
16    into the  McCormick  Place  Expansion  Project  Fund  in  the
17    specified fiscal years.
18          Fiscal Year                     Total Deposit
19             1993                                   $0
20             1994                           53,000,000
21             1995                           58,000,000
22             1996                           61,000,000
23             1997                           64,000,000
24             1998                           68,000,000
25             1999                           71,000,000
26             2000                           75,000,000
27             2001                           80,000,000
28             2002                           84,000,000
29             2003                           89,000,000
30             2004                           93,000,000
31             2005                           97,000,000
32             2006                           102,000,000
33             2007                           108,000,000
34             2008                           115,000,000
 
                            -35-               LRB9201187SMdv
 1             2009                           120,000,000
 2             2010                           126,000,000
 3             2011                           132,000,000
 4             2012                           138,000,000
 5             2013 and                       145,000,000
 6        each fiscal year
 7        thereafter that bonds
 8        are outstanding under
 9        Section 13.2 of the
10        Metropolitan Pier and
11        Exposition Authority Act,
12        but not after fiscal year 2029.
13        Beginning  July 20, 1993 and in each month of each fiscal
14    year thereafter, one-eighth of the amount  requested  in  the
15    certificate  of  the  Chairman  of  the Metropolitan Pier and
16    Exposition Authority for that fiscal year,  less  the  amount
17    deposited  into the McCormick Place Expansion Project Fund by
18    the State Treasurer in the respective month under  subsection
19    (g)  of  Section  13  of the Metropolitan Pier and Exposition
20    Authority Act, plus cumulative deficiencies in  the  deposits
21    required  under  this  Section for previous months and years,
22    shall be deposited into the McCormick Place Expansion Project
23    Fund, until the full amount requested for  the  fiscal  year,
24    but  not  in  excess  of the amount specified above as "Total
25    Deposit", has been deposited.
26        Subject to payment of amounts  into  the  Build  Illinois
27    Fund  and the McCormick Place Expansion Project Fund pursuant
28    to the preceding  paragraphs  or  in  any  amendment  thereto
29    hereafter  enacted,  each month the Department shall pay into
30    the Local  Government  Distributive  Fund  0.4%  of  the  net
31    revenue  realized for the preceding month from the 5% general
32    rate or 0.4% of 80% of  the  net  revenue  realized  for  the
33    preceding  month from the 6.25% general rate, as the case may
34    be, on the selling price of tangible personal property  which
 
                            -36-               LRB9201187SMdv
 1    amount  shall,  subject  to  appropriation, be distributed as
 2    provided in Section 2 of the State Revenue  Sharing  Act.  No
 3    payments or distributions pursuant to this paragraph shall be
 4    made  if  the  tax  imposed  by  this Act on photo processing
 5    products is declared unconstitutional,  or  if  the  proceeds
 6    from  such  tax  are  unavailable for distribution because of
 7    litigation.
 8        Subject to payment of amounts  into  the  Build  Illinois
 9    Fund,  the  McCormick  Place  Expansion Project Fund, and the
10    Local Government Distributive Fund pursuant to the  preceding
11    paragraphs  or  in  any amendments thereto hereafter enacted,
12    beginning July 1, 1993, the Department shall each  month  pay
13    into  the Illinois Tax Increment Fund 0.27% of 80% of the net
14    revenue realized for  the  preceding  month  from  the  6.25%
15    general  rate  on  the  selling  price  of  tangible personal
16    property.
17        All remaining moneys received by the Department  pursuant
18    to  this  Act  shall be paid into the General Revenue Fund of
19    the State Treasury.
20        As soon as possible after the first day  of  each  month,
21    upon   certification   of  the  Department  of  Revenue,  the
22    Comptroller shall order transferred and the  Treasurer  shall
23    transfer  from the General Revenue Fund to the Motor Fuel Tax
24    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
25    realized  under  this  Act  for  the  second preceding month.
26    Beginning April 1, 2000, this transfer is no longer  required
27    and shall not be made.
28        Net  revenue  realized  for  a month shall be the revenue
29    collected by the State pursuant to this Act, less the  amount
30    paid  out  during  that  month  as  refunds  to taxpayers for
31    overpayment of liability.
32    (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
33    eff. 6-30-99; 91-101, eff.  7-12-99;  91-541,  eff.  8-13-99;
34    91-872, eff. 7-1-00.)
 
                            -37-               LRB9201187SMdv
 1        Section 60.  The Service Occupation Tax Act is amended by
 2    changing Section 9 as follows:

 3        (35 ILCS 115/9) (from Ch. 120, par. 439.109)
 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 at the time when  he  is  required  to
 7    file  his  return  for  the  period during which such tax was
 8    collectible, less a discount of  2.1%  prior  to  January  1,
 9    1990,  and  1.75%  on  and  after  January 1, 1990, or $5 per
10    calendar year, whichever is  greater,  which  is  allowed  to
11    reimburse  the serviceman for expenses incurred in collecting
12    the tax,  keeping  records,  preparing  and  filing  returns,
13    remitting  the  tax  and  supplying data to the Department on
14    request.
15        Where such tangible personal property  is  sold  under  a
16    conditional  sales  contract, or under any other form of sale
17    wherein the payment of the principal sum, or a part  thereof,
18    is  extended  beyond  the  close  of the period for which the
19    return is filed, the serviceman, in collecting  the  tax  may
20    collect,  for each tax return period, only the tax applicable
21    to the part of the selling  price  actually  received  during
22    such tax return period.
23        Except  as  provided  hereinafter  in this Section, on or
24    before  the  twentieth  day  of  each  calendar  month,  such
25    serviceman shall file a return  for  the  preceding  calendar
26    month  in accordance with reasonable rules and regulations to
27    be promulgated by the Department of  Revenue.    Such  return
28    shall  be  filed  on  a form prescribed by the Department and
29    shall  contain  such  information  as  the   Department   may
30    reasonably require.
31        The  Department  may  require  returns  to  be filed on a
32    quarterly basis.  If so required, a return for each  calendar
33    quarter  shall be filed on or before the twentieth day of the
 
                            -38-               LRB9201187SMdv
 1    calendar month following the end of  such  calendar  quarter.
 2    The taxpayer shall also file a return with the Department for
 3    each  of the first two months of each calendar quarter, on or
 4    before the twentieth day of  the  following  calendar  month,
 5    stating:
 6             1.  The name of the seller;
 7             2.  The  address  of the principal place of business
 8        from which he engages in business as a serviceman in this
 9        State;
10             3.  The total amount of taxable receipts received by
11        him  during  the  preceding  calendar  month,   including
12        receipts  from  charge  and  time  sales,  but  less  all
13        deductions allowed by law;
14             4.  The  amount  of credit provided in Section 2d of
15        this Act;
16             5.  The amount of tax due;
17             5-5.  The signature of the taxpayer; and
18             6.  Such  other  reasonable   information   as   the
19        Department may require.
20        If a taxpayer fails to sign a return within 30 days after
21    the proper notice and demand for signature by the Department,
22    the  return shall be considered valid and any amount shown to
23    be due on the return shall be deemed assessed.
24        A serviceman may accept a Manufacturer's Purchase  Credit
25    certification from a purchaser in satisfaction of Service Use
26    Tax as provided in Section 3-70 of the Service Use Tax Act if
27    the  purchaser  provides  the  appropriate  documentation  as
28    required  by  Section  3-70  of  the  Service Use Tax Act.  A
29    Manufacturer's Purchase Credit certification, accepted  by  a
30    serviceman as provided in Section 3-70 of the Service Use Tax
31    Act,  may  be  used  by  that  serviceman  to satisfy Service
32    Occupation  Tax  liability  in  the  amount  claimed  in  the
33    certification, not to exceed 6.25% of the receipts subject to
34    tax from a qualifying purchase.
 
                            -39-               LRB9201187SMdv
 1        If the serviceman's average monthly tax liability to  the
 2    Department does not exceed $200, the Department may authorize
 3    his  returns  to be filed on a quarter annual basis, with the
 4    return for January, February and March of a given year  being
 5    due  by April 20 of such year; with the return for April, May
 6    and June of a given year being due by July 20 of  such  year;
 7    with  the  return  for  July, August and September of a given
 8    year being due by October 20  of  such  year,  and  with  the
 9    return  for  October,  November  and December of a given year
10    being due by January 20 of the following year.
11        If the serviceman's average monthly tax liability to  the
12    Department  does not exceed $50, the Department may authorize
13    his returns to be filed on an annual basis, with  the  return
14    for  a  given  year  being due by January 20 of the following
15    year.
16        Such quarter annual and annual returns, as  to  form  and
17    substance,  shall  be  subject  to  the  same requirements as
18    monthly returns.
19        Notwithstanding  any  other   provision   in   this   Act
20    concerning  the  time  within which a serviceman may file his
21    return, in the case of any serviceman who ceases to engage in
22    a kind of business which makes  him  responsible  for  filing
23    returns  under  this  Act, such serviceman shall file a final
24    return under this Act with the Department  not  more  than  1
25    month after discontinuing such business.
26        Beginning  October 1, 1993, a taxpayer who has an average
27    monthly tax liability of $150,000  or  more  shall  make  all
28    payments  required  by  rules of the Department by electronic
29    funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
30    has  an  average  monthly  tax  liability of $100,000 or more
31    shall make all payments required by rules of  the  Department
32    by  electronic  funds transfer.  Beginning October 1, 1995, a
33    taxpayer who has an average monthly tax liability of  $50,000
34    or  more  shall  make  all  payments required by rules of the
 
                            -40-               LRB9201187SMdv
 1    Department by electronic funds transfer.   Beginning  October
 2    1,  2000,  a  taxpayer  who  has  an  annual tax liability of
 3    $200,000 or more shall make all payments required by rules of
 4    the  Department  by  electronic  funds  transfer.   The  term
 5    "annual tax liability" shall be the  sum  of  the  taxpayer's
 6    liabilities  under  this  Act,  and under all other State and
 7    local  occupation  and  use  tax  laws  administered  by  the
 8    Department, for the immediately preceding calendar year.  The
 9    term  "average  monthly  tax  liability" means the sum of the
10    taxpayer's liabilities under this Act, and  under  all  other
11    State  and  local occupation and use tax laws administered by
12    the Department, for the immediately preceding  calendar  year
13    divided by 12.
14        Before  August  1  of  each  year  beginning in 1993, the
15    Department  shall  notify  all  taxpayers  required  to  make
16    payments  by  electronic  funds  transfer.    All   taxpayers
17    required  to make payments by electronic funds transfer shall
18    make those payments for a minimum of one  year  beginning  on
19    October 1.
20        Any  taxpayer not required to make payments by electronic
21    funds transfer may make payments by electronic funds transfer
22    with the permission of the Department.
23        All taxpayers required  to  make  payment  by  electronic
24    funds  transfer  and  any taxpayers authorized to voluntarily
25    make payments by electronic funds transfer shall  make  those
26    payments in the manner authorized by the Department.
27        The Department shall adopt such rules as are necessary to
28    effectuate  a  program  of  electronic funds transfer and the
29    requirements of this Section.
30        Where a serviceman collects the tax with respect  to  the
31    selling  price  of  tangible personal property which he sells
32    and the purchaser thereafter returns such  tangible  personal
33    property and the serviceman refunds the selling price thereof
34    to  the  purchaser, such serviceman shall also refund, to the
 
                            -41-               LRB9201187SMdv
 1    purchaser, the tax so collected  from  the  purchaser.   When
 2    filing his return for the period in which he refunds such tax
 3    to the purchaser, the serviceman may deduct the amount of the
 4    tax  so  refunded  by  him  to  the  purchaser from any other
 5    Service  Occupation  Tax,   Service   Use   Tax,   Retailers'
 6    Occupation  Tax  or  Use  Tax  which  such  serviceman may be
 7    required to pay or remit to the Department, as shown by  such
 8    return,  provided  that  the amount of the tax to be deducted
 9    shall previously have been remitted to the Department by such
10    serviceman.  If the  serviceman  shall  not  previously  have
11    remitted  the  amount of such tax to the Department, he shall
12    be entitled to no deduction hereunder upon refunding such tax
13    to the purchaser.
14        If experience indicates such action  to  be  practicable,
15    the  Department  may  prescribe  and furnish a combination or
16    joint return which will enable servicemen, who  are  required
17    to  file  returns  hereunder  and  also  under the Retailers'
18    Occupation Tax Act, the Use Tax Act or the  Service  Use  Tax
19    Act,  to  furnish  all the return information required by all
20    said Acts on the one form.
21        Where  the  serviceman  has  more   than   one   business
22    registered  with  the Department under separate registrations
23    hereunder, such serviceman shall file  separate  returns  for
24    each registered business.
25        Beginning  January  1,  1990,  each  month the Department
26    shall pay into the Local  Government  Tax  Fund  the  revenue
27    realized  for the preceding month from the 1% tax on sales of
28    food for human consumption which is to be  consumed  off  the
29    premises  where  it  is sold (other than alcoholic beverages,
30    soft drinks and food which has been  prepared  for  immediate
31    consumption)  and prescription and nonprescription medicines,
32    drugs,  medical  appliances  and   insulin,   urine   testing
33    materials, syringes and needles used by diabetics.
34        Beginning  January  1,  1990,  each  month the Department
 
                            -42-               LRB9201187SMdv
 1    shall pay into the County and Mass Transit District  Fund  4%
 2    of  the  revenue  realized  for  the preceding month from the
 3    6.25% general rate.
 4        Beginning August 1, 2000, each month the Department shall
 5    pay into the County and Mass Transit District Fund 20% of the
 6    net revenue realized for the preceding month from  the  1.25%
 7    rate on the selling price of motor fuel and gasohol.
 8        Beginning  January  1,  1990,  each  month the Department
 9    shall pay into the Local  Government  Tax  Fund  16%  of  the
10    revenue  realized  for  the  preceding  month  from the 6.25%
11    general rate on transfers of tangible personal property.
12        Beginning August 1, 2000, each month the Department shall
13    pay into the Local Government Tax Fund 80% of the net revenue
14    realized for the preceding month from the 1.25% rate  on  the
15    selling price of motor fuel and gasohol.
16        Beginning August 1, 2001, each month the Department shall
17    pay  into the General Obligation Bond Retirement and Interest
18    Fund 80% of the net revenue realized for the preceding  month
19    from  the  6.25%  general  rate  on the selling price of coal
20    until the Bureau of the Budget certifies  to  the  Department
21    that  the  amount  that  will  be  necessary  to  finance the
22    principal of, interest  on,  and  premium,  if  any,  on  the
23    $500,000,000   in   additional   general   obligation   bonds
24    authorized to be issued under this amendatory Act of the 92nd
25    General Assembly for coal development has been paid into that
26    Fund.
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
 
                            -43-               LRB9201187SMdv
 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 Account in the Build Illinois Fund  during
16    such  month  and (2) the amount transferred during such month
17    to the Build Illinois Fund from the State and Local Sales Tax
18    Reform Fund shall have been less  than  1/12  of  the  Annual
19    Specified  Amount, an amount equal to the difference shall be
20    immediately paid into the  Build  Illinois  Fund  from  other
21    moneys  received  by the Department pursuant to the Tax Acts;
22    and, further provided, that in no event  shall  the  payments
23    required  under  the  preceding  proviso  result in aggregate
24    payments into the Build Illinois Fund pursuant to this clause
25    (b) for any fiscal year in excess of the greater of  (i)  the
26    Tax  Act  Amount or (ii) the Annual Specified Amount for such
27    fiscal year; and, further provided, that the amounts  payable
28    into  the  Build Illinois Fund under this clause (b) shall be
29    payable only until such  time  as  the  aggregate  amount  on
30    deposit  under each trust indenture securing Bonds issued and
31    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
 
                            -44-               LRB9201187SMdv
 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
 
                            -45-               LRB9201187SMdv
 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                 2007                       108,000,000
20                 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
32        Act, 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
 
                            -46-               LRB9201187SMdv
 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 photoprocessing
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%
 
                            -47-               LRB9201187SMdv
 1    general  rate  on  the  selling  price  of  tangible personal
 2    property.
 3        Remaining moneys received by the Department  pursuant  to
 4    this  Act  shall be paid into the General Revenue Fund of the
 5    State Treasury.
 6        The Department may, upon separate  written  notice  to  a
 7    taxpayer,  require  the taxpayer to prepare and file with the
 8    Department on a form prescribed by the Department within  not
 9    less  than  60  days  after  receipt  of the notice an annual
10    information return for the tax year specified in the  notice.
11    Such   annual  return  to  the  Department  shall  include  a
12    statement of gross receipts as shown by the  taxpayer's  last
13    Federal  income  tax  return.   If  the total receipts of the
14    business as reported in the Federal income tax return do  not
15    agree  with  the gross receipts reported to the Department of
16    Revenue for the same period, the taxpayer shall attach to his
17    annual return a schedule showing a reconciliation  of  the  2
18    amounts  and  the reasons for the difference.  The taxpayer's
19    annual return to the Department shall also disclose the  cost
20    of goods sold by the taxpayer during the year covered by such
21    return,  opening  and  closing  inventories of such goods for
22    such year, cost of goods used from stock or taken from  stock
23    and  given  away  by  the taxpayer during such year, pay roll
24    information of the taxpayer's business during such  year  and
25    any  additional  reasonable  information which the Department
26    deems would be helpful in determining  the  accuracy  of  the
27    monthly,  quarterly  or annual returns filed by such taxpayer
28    as hereinbefore provided for in this Section.
29        If the annual information return required by this Section
30    is not filed when and as  required,  the  taxpayer  shall  be
31    liable as follows:
32             (i)  Until  January  1,  1994, the taxpayer shall be
33        liable for a penalty equal to 1/6 of 1% of  the  tax  due
34        from such taxpayer under this Act during the period to be
 
                            -48-               LRB9201187SMdv
 1        covered  by  the annual return for each month or fraction
 2        of a month until such return is filed  as  required,  the
 3        penalty  to  be assessed and collected in the same manner
 4        as any other penalty provided for in this Act.
 5             (ii)  On and after January  1,  1994,  the  taxpayer
 6        shall be liable for a penalty as described in Section 3-4
 7        of the Uniform Penalty and Interest Act.
 8        The chief executive officer, proprietor, owner or highest
 9    ranking  manager  shall sign the annual return to certify the
10    accuracy of the information contained  therein.   Any  person
11    who  willfully  signs  the  annual return containing false or
12    inaccurate  information  shall  be  guilty  of  perjury   and
13    punished  accordingly.   The annual return form prescribed by
14    the Department  shall  include  a  warning  that  the  person
15    signing the return may be liable for perjury.
16        The  foregoing  portion  of  this  Section concerning the
17    filing of an annual information return shall not apply  to  a
18    serviceman  who  is not required to file an income tax return
19    with the United States Government.
20        As soon as possible after the first day  of  each  month,
21    upon   certification   of  the  Department  of  Revenue,  the
22    Comptroller shall order transferred and the  Treasurer  shall
23    transfer  from the General Revenue Fund to the Motor Fuel Tax
24    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
25    realized  under  this  Act  for  the  second preceding month.
26    Beginning April 1, 2000, this transfer is no longer  required
27    and shall not be made.
28        Net  revenue  realized  for  a month shall be the revenue
29    collected by the State pursuant to this Act, less the  amount
30    paid  out  during  that  month  as  refunds  to taxpayers for
31    overpayment of liability.
32        For greater simplicity of  administration,  it  shall  be
33    permissible  for  manufacturers,  importers  and  wholesalers
34    whose  products  are sold by numerous servicemen in Illinois,
 
                            -49-               LRB9201187SMdv
 1    and who wish to do  so,  to  assume  the  responsibility  for
 2    accounting  and  paying  to  the  Department all tax accruing
 3    under this Act with respect to such sales, if the  servicemen
 4    who  are  affected  do  not  make  written  objection  to the
 5    Department to this arrangement.
 6    (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
 7    eff. 6-30-99; 91-101, eff.  7-12-99;  91-541,  eff.  8-13-99;
 8    91-872, eff. 7-1-00.)

 9        Section 65.  The Retailers' Occupation Tax Act is amended
10    by changing Section 3 as follows:

11        (35 ILCS 120/3) (from Ch. 120, par. 442)
12        Sec. 3.  Except as provided in this Section, on or before
13    the  twentieth  day  of  each  calendar  month,  every person
14    engaged in the business of selling tangible personal property
15    at retail in this State during the preceding  calendar  month
16    shall file a return with the Department, stating:
17             1.  The name of the seller;
18             2.  His  residence  address  and  the address of his
19        principal place  of  business  and  the  address  of  the
20        principal  place  of  business  (if  that  is a different
21        address) from which he engages in the business of selling
22        tangible personal property at retail in this State;
23             3.  Total amount of receipts received by him  during
24        the  preceding calendar month or quarter, as the case may
25        be, from sales of tangible personal  property,  and  from
26        services furnished, by him during such preceding calendar
27        month or quarter;
28             4.  Total   amount   received   by  him  during  the
29        preceding calendar month or quarter on  charge  and  time
30        sales  of  tangible  personal property, and from services
31        furnished, by him prior to the month or quarter for which
32        the return is filed;
 
                            -50-               LRB9201187SMdv
 1             5.  Deductions allowed by law;
 2             6.  Gross receipts which were received by him during
 3        the preceding calendar month  or  quarter  and  upon  the
 4        basis of which the tax is imposed;
 5             7.  The  amount  of credit provided in Section 2d of
 6        this Act;
 7             8.  The amount of tax due;
 8             9.  The signature of the taxpayer; and
 9             10.  Such  other  reasonable  information   as   the
10        Department may require.
11        If a taxpayer fails to sign a return within 30 days after
12    the proper notice and demand for signature by the Department,
13    the  return shall be considered valid and any amount shown to
14    be due on the return shall be deemed assessed.
15        Each return shall be  accompanied  by  the  statement  of
16    prepaid tax issued pursuant to Section 2e for which credit is
17    claimed.
18        A  retailer  may  accept a Manufacturer's Purchase Credit
19    certification from a purchaser in satisfaction of Use Tax  as
20    provided  in Section 3-85 of the Use Tax Act if the purchaser
21    provides the appropriate documentation as required by Section
22    3-85 of the Use Tax Act.  A  Manufacturer's  Purchase  Credit
23    certification,  accepted by a retailer as provided in Section
24    3-85 of the Use Tax Act, may be  used  by  that  retailer  to
25    satisfy  Retailers'  Occupation  Tax  liability in the amount
26    claimed in the certification, not  to  exceed  6.25%  of  the
27    receipts subject to tax from a qualifying purchase.
28        The  Department  may  require  returns  to  be filed on a
29    quarterly basis.  If so required, a return for each  calendar
30    quarter  shall be filed on or before the twentieth day of the
31    calendar month following the end of  such  calendar  quarter.
32    The taxpayer shall also file a return with the Department for
33    each  of the first two months of each calendar quarter, on or
34    before the twentieth day of  the  following  calendar  month,
 
                            -51-               LRB9201187SMdv
 1    stating:
 2             1.  The name of the seller;
 3             2.  The  address  of the principal place of business
 4        from which he engages in the business of selling tangible
 5        personal property at retail in this State;
 6             3.  The total amount of taxable receipts received by
 7        him during the preceding calendar  month  from  sales  of
 8        tangible  personal  property by him during such preceding
 9        calendar month, including receipts from charge  and  time
10        sales, but less all deductions allowed by law;
11             4.  The  amount  of credit provided in Section 2d of
12        this Act;
13             5.  The amount of tax due; and
14             6.  Such  other  reasonable   information   as   the
15        Department may require.
16        If  a total amount of less than $1 is payable, refundable
17    or creditable, such amount shall be disregarded if it is less
18    than 50 cents and shall be increased to $1 if it is 50  cents
19    or more.
20        Beginning  October 1, 1993, a taxpayer who has an average
21    monthly tax liability of $150,000  or  more  shall  make  all
22    payments  required  by  rules of the Department by electronic
23    funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
24    has  an  average  monthly  tax  liability of $100,000 or more
25    shall make all payments required by rules of  the  Department
26    by  electronic  funds transfer.  Beginning October 1, 1995, a
27    taxpayer who has an average monthly tax liability of  $50,000
28    or  more  shall  make  all  payments required by rules of the
29    Department by electronic funds transfer.   Beginning  October
30    1,  2000,  a  taxpayer  who  has  an  annual tax liability of
31    $200,000 or more shall make all payments required by rules of
32    the  Department  by  electronic  funds  transfer.   The  term
33    "annual tax liability" shall be the  sum  of  the  taxpayer's
34    liabilities  under  this  Act,  and under all other State and
 
                            -52-               LRB9201187SMdv
 1    local  occupation  and  use  tax  laws  administered  by  the
 2    Department, for the immediately preceding calendar year.  The
 3    term  "average monthly tax liability" shall be the sum of the
 4    taxpayer's liabilities under this Act, and  under  all  other
 5    State  and  local occupation and use tax laws administered by
 6    the Department, for the immediately preceding  calendar  year
 7    divided by 12.
 8        Before  August  1  of  each  year  beginning in 1993, the
 9    Department  shall  notify  all  taxpayers  required  to  make
10    payments  by  electronic  funds  transfer.    All   taxpayers
11    required  to make payments by electronic funds transfer shall
12    make those payments for a minimum of one  year  beginning  on
13    October 1.
14        Any  taxpayer not required to make payments by electronic
15    funds transfer may make payments by electronic funds transfer
16    with the permission of the Department.
17        All taxpayers required  to  make  payment  by  electronic
18    funds  transfer  and  any taxpayers authorized to voluntarily
19    make payments by electronic funds transfer shall  make  those
20    payments in the manner authorized by the Department.
21        The Department shall adopt such rules as are necessary to
22    effectuate  a  program  of  electronic funds transfer and the
23    requirements of this Section.
24        Any amount which is required to be shown or  reported  on
25    any  return  or  other document under this Act shall, if such
26    amount is not a whole-dollar  amount,  be  increased  to  the
27    nearest  whole-dollar amount in any case where the fractional
28    part of a dollar is 50 cents or more, and  decreased  to  the
29    nearest  whole-dollar  amount  where the fractional part of a
30    dollar is less than 50 cents.
31        If the retailer is otherwise required to file  a  monthly
32    return and if the retailer's average monthly tax liability to
33    the  Department  does  not  exceed  $200,  the Department may
34    authorize his returns to be filed on a quarter annual  basis,
 
                            -53-               LRB9201187SMdv
 1    with  the  return  for January, February and March of a given
 2    year being due by April 20 of such year; with the return  for
 3    April,  May  and June of a given year being due by July 20 of
 4    such year; with the return for July, August and September  of
 5    a  given  year being due by October 20 of such year, and with
 6    the return for October, November and December of a given year
 7    being due by January 20 of the following year.
 8        If the retailer is otherwise required to file  a  monthly
 9    or quarterly return and if the retailer's average monthly tax
10    liability  with  the  Department  does  not  exceed  $50, the
11    Department may authorize his returns to be filed on an annual
12    basis, with the return for a given year being due by  January
13    20 of the following year.
14        Such  quarter  annual  and annual returns, as to form and
15    substance, shall be  subject  to  the  same  requirements  as
16    monthly returns.
17        Notwithstanding   any   other   provision   in  this  Act
18    concerning the time within which  a  retailer  may  file  his
19    return, in the case of any retailer who ceases to engage in a
20    kind  of  business  which  makes  him  responsible for filing
21    returns under this Act, such  retailer  shall  file  a  final
22    return  under  this Act with the Department not more than one
23    month after discontinuing such business.
24        Where  the  same  person  has  more  than  one   business
25    registered  with  the Department under separate registrations
26    under this Act, such person may not file each return that  is
27    due   as   a  single  return  covering  all  such  registered
28    businesses, but shall file separate  returns  for  each  such
29    registered business.
30        In  addition, with respect to motor vehicles, watercraft,
31    aircraft, and trailers that are  required  to  be  registered
32    with  an  agency  of  this State, every retailer selling this
33    kind of tangible  personal  property  shall  file,  with  the
34    Department,  upon a form to be prescribed and supplied by the
 
                            -54-               LRB9201187SMdv
 1    Department, a separate return for each such item of  tangible
 2    personal  property  which the retailer sells, except that if,
 3    in  the  same  transaction,  (i)  a  retailer  of   aircraft,
 4    watercraft,  motor  vehicles  or trailers transfers more than
 5    one aircraft, watercraft, motor vehicle or trailer to another
 6    aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
 7    retailer for the purpose of resale  or  (ii)  a  retailer  of
 8    aircraft,  watercraft,  motor vehicles, or trailers transfers
 9    more than one aircraft, watercraft, motor vehicle, or trailer
10    to a purchaser for use  as  a  qualifying  rolling  stock  as
11    provided  in  Section  2-5  of this Act, then that seller may
12    report  the  transfer  of  all  aircraft,  watercraft,  motor
13    vehicles or trailers involved  in  that  transaction  to  the
14    Department  on the same uniform invoice-transaction reporting
15    return form.  For  purposes  of  this  Section,  "watercraft"
16    means a Class 2, Class 3, or Class 4 watercraft as defined in
17    Section  3-2  of  the  Boat  Registration  and  Safety Act, a
18    personal watercraft, or any boat  equipped  with  an  inboard
19    motor.
20        Any  retailer  who sells only motor vehicles, watercraft,
21    aircraft, or trailers that are required to be registered with
22    an agency of this State, so that  all  retailers'  occupation
23    tax liability is required to be reported, and is reported, on
24    such  transaction  reporting returns and who is not otherwise
25    required to file monthly or quarterly returns, need not  file
26    monthly or quarterly returns.  However, those retailers shall
27    be required to file returns on an annual basis.
28        The  transaction  reporting  return, in the case of motor
29    vehicles or trailers that are required to be registered  with
30    an  agency  of  this State, shall be the same document as the
31    Uniform Invoice referred to in Section 5-402 of The  Illinois
32    Vehicle  Code  and  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
 
                            -55-               LRB9201187SMdv
 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; such other information as is required in
13    Section 5-402 of The Illinois Vehicle Code,  and  such  other
14    information as the Department may reasonably require.
15        The   transaction   reporting   return  in  the  case  of
16    watercraft or aircraft must show the name and address of  the
17    seller;  the name and address of the purchaser; the amount of
18    the  selling  price  including  the  amount  allowed  by  the
19    retailer for traded-in property, if any; the  amount  allowed
20    by the retailer for the traded-in tangible personal property,
21    if  any,  to the extent to which Section 1 of this Act allows
22    an exemption for the value of traded-in property; the balance
23    payable after deducting  such  trade-in  allowance  from  the
24    total  selling price; the amount of tax due from the retailer
25    with respect to such transaction; the amount of tax collected
26    from the purchaser by the retailer on  such  transaction  (or
27    satisfactory  evidence  that  such  tax  is  not  due in that
28    particular instance, if that is claimed to be the fact);  the
29    place  and  date  of the sale, a sufficient identification of
30    the  property  sold,  and  such  other  information  as   the
31    Department may reasonably require.
32        Such  transaction  reporting  return  shall  be filed not
33    later than 20 days after the day of delivery of the item that
34    is being sold, but may be filed by the retailer at  any  time
 
                            -56-               LRB9201187SMdv
 1    sooner  than  that  if  he chooses to do so.  The transaction
 2    reporting return and tax remittance  or  proof  of  exemption
 3    from   the  Illinois  use  tax  may  be  transmitted  to  the
 4    Department by way of the State agency with  which,  or  State
 5    officer  with  whom  the  tangible  personal property must be
 6    titled or registered (if titling or registration is required)
 7    if the Department and such agency or State officer  determine
 8    that   this   procedure   will  expedite  the  processing  of
 9    applications for title or registration.
10        With each such transaction reporting return, the retailer
11    shall remit the proper amount of tax  due  (or  shall  submit
12    satisfactory evidence that the sale is not taxable if that is
13    the  case),  to  the  Department or its agents, whereupon the
14    Department shall issue, in the purchaser's name,  a  use  tax
15    receipt  (or  a certificate of exemption if the Department is
16    satisfied that the particular sale is tax exempt) which  such
17    purchaser  may  submit  to  the  agency  with which, or State
18    officer with whom, he must title  or  register  the  tangible
19    personal   property   that   is   involved   (if  titling  or
20    registration is required)  in  support  of  such  purchaser's
21    application  for an Illinois certificate or other evidence of
22    title or registration to such tangible personal property.
23        No retailer's failure or refusal to remit tax under  this
24    Act  precludes  a  user,  who  has paid the proper tax to the
25    retailer, from obtaining his certificate of  title  or  other
26    evidence of title or registration (if titling or registration
27    is  required)  upon  satisfying the Department that such user
28    has paid the proper tax (if tax is due) to the retailer.  The
29    Department shall adopt appropriate rules  to  carry  out  the
30    mandate of this paragraph.
31        If  the  user who would otherwise pay tax to the retailer
32    wants the transaction reporting return filed and the  payment
33    of  the  tax  or  proof  of  exemption made to the Department
34    before the retailer is willing to take these actions and such
 
                            -57-               LRB9201187SMdv
 1    user has not paid the tax to  the  retailer,  such  user  may
 2    certify  to  the  fact  of such delay by the retailer and may
 3    (upon the Department being satisfied of  the  truth  of  such
 4    certification)  transmit  the  information  required  by  the
 5    transaction  reporting  return  and the remittance for tax or
 6    proof of exemption directly to the Department and obtain  his
 7    tax  receipt  or  exemption determination, in which event the
 8    transaction reporting return and tax  remittance  (if  a  tax
 9    payment  was required) shall be credited by the Department to
10    the  proper  retailer's  account  with  the  Department,  but
11    without the 2.1% or  1.75%  discount  provided  for  in  this
12    Section  being  allowed.  When the user pays the tax directly
13    to the Department, he shall pay the tax in  the  same  amount
14    and in the same form in which it would be remitted if the tax
15    had been remitted to the Department by the retailer.
16        Refunds  made  by  the seller during the preceding return
17    period  to  purchasers,  on  account  of  tangible   personal
18    property  returned  to  the  seller,  shall  be  allowed as a
19    deduction under subdivision 5 of  his  monthly  or  quarterly
20    return,   as  the  case  may  be,  in  case  the  seller  had
21    theretofore included the  receipts  from  the  sale  of  such
22    tangible  personal  property in a return filed by him and had
23    paid the tax  imposed  by  this  Act  with  respect  to  such
24    receipts.
25        Where  the  seller  is a corporation, the return filed on
26    behalf of such corporation shall be signed by the  president,
27    vice-president,  secretary  or  treasurer  or by the properly
28    accredited agent of such corporation.
29        Where the seller is  a  limited  liability  company,  the
30    return filed on behalf of the limited liability company shall
31    be  signed by a manager, member, or properly accredited agent
32    of the limited liability company.
33        Except as provided in this Section, the  retailer  filing
34    the  return  under  this Section shall, at the time of filing
 
                            -58-               LRB9201187SMdv
 1    such return, pay to the Department the amount of tax  imposed
 2    by  this Act less a discount of 2.1% prior to January 1, 1990
 3    and 1.75% on and after January 1, 1990, or  $5  per  calendar
 4    year, whichever is greater, which is allowed to reimburse the
 5    retailer  for  the  expenses  incurred  in  keeping  records,
 6    preparing and filing returns, remitting the tax and supplying
 7    data  to  the  Department  on  request.   Any prepayment made
 8    pursuant to Section 2d of this Act shall be included  in  the
 9    amount  on which such 2.1% or 1.75% discount is computed.  In
10    the case of retailers  who  report  and  pay  the  tax  on  a
11    transaction   by  transaction  basis,  as  provided  in  this
12    Section, such discount shall be  taken  with  each  such  tax
13    remittance  instead  of when such retailer files his periodic
14    return.
15        Before October 1, 2000, if the taxpayer's average monthly
16    tax liability to the Department under this Act, the  Use  Tax
17    Act,  the Service Occupation Tax Act, and the Service Use Tax
18    Act, excluding any liability for  prepaid  sales  tax  to  be
19    remitted  in  accordance  with  Section  2d  of this Act, was
20    $10,000 or more during  the  preceding  4  complete  calendar
21    quarters,  he  shall  file  a return with the Department each
22    month by the 20th day of the month next following  the  month
23    during  which  such  tax liability is incurred and shall make
24    payments to the Department on or before the 7th,  15th,  22nd
25    and  last  day  of  the  month during which such liability is
26    incurred. On and after October 1,  2000,  if  the  taxpayer's
27    average  monthly  tax  liability to the Department under this
28    Act, the Use Tax Act, the Service Occupation Tax Act, and the
29    Service Use Tax Act,  excluding  any  liability  for  prepaid
30    sales  tax  to  be  remitted in accordance with Section 2d of
31    this Act, was $20,000 or more during the preceding 4 complete
32    calendar quarters, he shall file a return with the Department
33    each month by the 20th day of the month  next  following  the
34    month  during  which such tax liability is incurred and shall
 
                            -59-               LRB9201187SMdv
 1    make payment to the Department on or before  the  7th,  15th,
 2    22nd and last day of the month during which such liability is
 3    incurred.    If  the month during which such tax liability is
 4    incurred began prior to January 1, 1985, each  payment  shall
 5    be  in  an  amount  equal  to  1/4  of  the taxpayer's actual
 6    liability for the month or an amount set  by  the  Department
 7    not  to  exceed  1/4  of the average monthly liability of the
 8    taxpayer to the  Department  for  the  preceding  4  complete
 9    calendar  quarters  (excluding the month of highest liability
10    and the month of lowest liability in such 4 quarter  period).
11    If  the  month  during  which  such tax liability is incurred
12    begins on or after January 1, 1985 and prior  to  January  1,
13    1987,  each  payment  shall be in an amount equal to 22.5% of
14    the taxpayer's actual liability for the month or 27.5% of the
15    taxpayer's liability for  the  same  calendar  month  of  the
16    preceding year.  If the month during which such tax liability
17    is  incurred  begins on or after January 1, 1987 and prior to
18    January 1, 1988, each payment shall be in an amount equal  to
19    22.5%  of  the  taxpayer's  actual liability for the month or
20    26.25% of the taxpayer's  liability  for  the  same  calendar
21    month  of the preceding year.  If the month during which such
22    tax liability is incurred begins on or after January 1, 1988,
23    and prior to January 1, 1989, or begins on or  after  January
24    1, 1996, each payment shall be in an amount equal to 22.5% of
25    the  taxpayer's  actual liability for the month or 25% of the
26    taxpayer's liability for  the  same  calendar  month  of  the
27    preceding  year. If the month during which such tax liability
28    is incurred begins on or after January 1, 1989, and prior  to
29    January  1, 1996, each payment shall be in an amount equal to
30    22.5% of the taxpayer's actual liability for the month or 25%
31    of the taxpayer's liability for the same  calendar  month  of
32    the preceding year or 100% of the taxpayer's actual liability
33    for the quarter monthly reporting period.  The amount of such
34    quarter  monthly payments shall be credited against the final
 
                            -60-               LRB9201187SMdv
 1    tax liability  of  the  taxpayer's  return  for  that  month.
 2    Before  October  1, 2000, once applicable, the requirement of
 3    the making of quarter monthly payments to the  Department  by
 4    taxpayers  having an average monthly tax liability of $10,000
 5    or more as determined in  the  manner  provided  above  shall
 6    continue  until  such taxpayer's average monthly liability to
 7    the Department  during  the  preceding  4  complete  calendar
 8    quarters  (excluding  the  month of highest liability and the
 9    month of lowest liability) is less than $9,000, or until such
10    taxpayer's average monthly liability  to  the  Department  as
11    computed  for  each  calendar  quarter  of  the  4  preceding
12    complete  calendar  quarter  period  is  less  than  $10,000.
13    However,  if  a  taxpayer  can  show  the  Department  that a
14    substantial change in the taxpayer's  business  has  occurred
15    which  causes  the  taxpayer  to  anticipate that his average
16    monthly tax liability for the reasonably  foreseeable  future
17    will fall below the $10,000 threshold stated above, then such
18    taxpayer  may  petition  the  Department for a change in such
19    taxpayer's reporting status.  On and after October  1,  2000,
20    once  applicable,  the  requirement  of the making of quarter
21    monthly payments to the Department  by  taxpayers  having  an
22    average   monthly   tax  liability  of  $20,000  or  more  as
23    determined in the manner provided above shall continue  until
24    such  taxpayer's  average monthly liability to the Department
25    during the preceding 4 complete calendar quarters  (excluding
26    the  month  of  highest  liability  and  the  month of lowest
27    liability) is less than  $19,000  or  until  such  taxpayer's
28    average  monthly  liability to the Department as computed for
29    each calendar quarter of the 4  preceding  complete  calendar
30    quarter  period is less than $20,000.  However, if a taxpayer
31    can show the Department that  a  substantial  change  in  the
32    taxpayer's business has occurred which causes the taxpayer to
33    anticipate  that  his  average  monthly tax liability for the
34    reasonably foreseeable future will  fall  below  the  $20,000
 
                            -61-               LRB9201187SMdv
 1    threshold  stated  above, then such taxpayer may petition the
 2    Department for a change in such taxpayer's reporting  status.
 3    The  Department shall change such taxpayer's reporting status
 4    unless it finds that such change is seasonal  in  nature  and
 5    not  likely  to  be  long  term.  If any such quarter monthly
 6    payment is not paid at the time or in the amount required  by
 7    this Section, then the taxpayer shall be liable for penalties
 8    and interest on the difference between the minimum amount due
 9    as  a  payment and the amount of such quarter monthly payment
10    actually and timely paid, except insofar as the taxpayer  has
11    previously  made payments for that month to the Department in
12    excess of the minimum payments previously due as provided  in
13    this  Section. The Department shall make reasonable rules and
14    regulations to govern the quarter monthly payment amount  and
15    quarter monthly payment dates for taxpayers who file on other
16    than a calendar monthly basis.
17        Without  regard to whether a taxpayer is required to make
18    quarter monthly payments as specified above, any taxpayer who
19    is required by Section 2d of this Act to  collect  and  remit
20    prepaid  taxes  and has collected prepaid taxes which average
21    in excess  of  $25,000  per  month  during  the  preceding  2
22    complete  calendar  quarters,  shall  file  a return with the
23    Department as required by Section 2f and shall make  payments
24    to  the  Department on or before the 7th, 15th, 22nd and last
25    day of the month during which such liability is incurred.  If
26    the month during which such tax liability is  incurred  began
27    prior  to  the effective date of this amendatory Act of 1985,
28    each payment shall be in an amount not less than 22.5% of the
29    taxpayer's actual liability under Section 2d.  If  the  month
30    during  which  such  tax  liability  is incurred begins on or
31    after January 1, 1986, each payment shall  be  in  an  amount
32    equal  to  22.5%  of  the taxpayer's actual liability for the
33    month or 27.5% of  the  taxpayer's  liability  for  the  same
34    calendar  month of the preceding calendar year.  If the month
 
                            -62-               LRB9201187SMdv
 1    during which such tax liability  is  incurred  begins  on  or
 2    after  January  1,  1987,  each payment shall be in an amount
 3    equal to 22.5% of the taxpayer's  actual  liability  for  the
 4    month  or  26.25%  of  the  taxpayer's liability for the same
 5    calendar month of the preceding year.   The  amount  of  such
 6    quarter  monthly payments shall be credited against the final
 7    tax liability of the taxpayer's return for that  month  filed
 8    under  this  Section or Section 2f, as the case may be.  Once
 9    applicable, the requirement of the making of quarter  monthly
10    payments  to  the Department pursuant to this paragraph shall
11    continue until such taxpayer's average  monthly  prepaid  tax
12    collections during the preceding 2 complete calendar quarters
13    is  $25,000  or less.  If any such quarter monthly payment is
14    not paid at the time or in the amount required, the  taxpayer
15    shall   be   liable   for  penalties  and  interest  on  such
16    difference, except insofar as  the  taxpayer  has  previously
17    made  payments  for  that  month  in  excess  of  the minimum
18    payments previously due.
19        If any payment provided for in this Section  exceeds  the
20    taxpayer's  liabilities  under this Act, the Use Tax Act, the
21    Service Occupation Tax Act and the Service Use  Tax  Act,  as
22    shown on an original monthly return, the Department shall, if
23    requested  by  the  taxpayer,  issue to the taxpayer a credit
24    memorandum no later than 30 days after the date  of  payment.
25    The  credit  evidenced  by  such  credit  memorandum  may  be
26    assigned  by  the  taxpayer  to a similar taxpayer under this
27    Act, the Use Tax Act, the Service Occupation Tax Act  or  the
28    Service  Use Tax Act, in accordance with reasonable rules and
29    regulations to be prescribed by the Department.  If  no  such
30    request  is made, the taxpayer may credit such excess payment
31    against tax liability subsequently  to  be  remitted  to  the
32    Department  under  this  Act,  the  Use  Tax Act, the Service
33    Occupation Tax Act or the Service Use Tax Act, in  accordance
34    with  reasonable  rules  and  regulations  prescribed  by the
 
                            -63-               LRB9201187SMdv
 1    Department.  If the Department subsequently  determined  that
 2    all  or  any part of the credit taken was not actually due to
 3    the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
 4    shall be reduced by 2.1% or 1.75% of the  difference  between
 5    the  credit  taken  and  that actually due, and that taxpayer
 6    shall  be  liable  for  penalties  and   interest   on   such
 7    difference.
 8        If a retailer of motor fuel is entitled to a credit under
 9    Section 2d of this Act which exceeds the taxpayer's liability
10    to  the  Department  under  this  Act for the month which the
11    taxpayer is filing a return, the Department shall  issue  the
12    taxpayer a credit memorandum for the excess.
13        Beginning  January  1,  1990,  each  month the Department
14    shall pay into the Local Government Tax Fund, a special  fund
15    in  the  State  treasury  which  is  hereby  created, the net
16    revenue realized for the preceding month from the 1%  tax  on
17    sales  of  food for human consumption which is to be consumed
18    off the premises where  it  is  sold  (other  than  alcoholic
19    beverages,  soft  drinks and food which has been prepared for
20    immediate consumption) and prescription  and  nonprescription
21    medicines,  drugs,  medical  appliances  and  insulin,  urine
22    testing materials, syringes and needles used by diabetics.
23        Beginning  January  1,  1990,  each  month the Department
24    shall pay into the County and Mass Transit District  Fund,  a
25    special  fund  in the State treasury which is hereby created,
26    4% of the net revenue realized for the preceding  month  from
27    the 6.25% general rate.
28        Beginning August 1, 2000, each month the Department shall
29    pay into the County and Mass Transit District Fund 20% of the
30    net  revenue  realized for the preceding month from the 1.25%
31    rate on the selling price of motor fuel and gasohol.
32        Beginning January 1,  1990,  each  month  the  Department
33    shall  pay  into the Local Government Tax Fund 16% of the net
34    revenue realized for  the  preceding  month  from  the  6.25%
 
                            -64-               LRB9201187SMdv
 1    general  rate  on  the  selling  price  of  tangible personal
 2    property.
 3        Beginning August 1, 2000, each month the Department shall
 4    pay into the Local Government Tax Fund 80% of the net revenue
 5    realized for the preceding month from the 1.25% rate  on  the
 6    selling price of motor fuel and gasohol.
 7        Beginning August 1, 2001, each month the Department shall
 8    pay  into the General Obligation Bond Retirement and Interest
 9    Fund 80% of the net revenue realized for the preceding  month
10    from  the  6.25%  general  rate  on the selling price of coal
11    until the Bureau of the Budget certifies  to  the  Department
12    that  the  amount  that  will  be  necessary  to  finance the
13    principal of, interest  on,  and  premium,  if  any,  on  the
14    $500,000,000   in   additional   general   obligation   bonds
15    authorized to be issued under this amendatory Act of the 92nd
16    General Assembly for coal development has been paid into that
17    Fund.
18        Of the remainder of the moneys received by the Department
19    pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
20    the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
21    and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
22    into the Build Illinois Fund; provided, however, that  if  in
23    any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
24    as  the case may be, of the moneys received by the Department
25    and required to be paid into the Build Illinois Fund pursuant
26    to this Act, Section 9 of the Use Tax Act, Section 9  of  the
27    Service  Use Tax Act, and Section 9 of the Service Occupation
28    Tax Act, such Acts being hereinafter called  the  "Tax  Acts"
29    and  such  aggregate  of 2.2% or 3.8%, as the case may be, of
30    moneys being hereinafter called the "Tax Act Amount", and (2)
31    the amount transferred to the Build Illinois  Fund  from  the
32    State  and Local Sales Tax Reform Fund shall be less than the
33    Annual Specified Amount (as hereinafter defined),  an  amount
34    equal  to  the  difference shall be immediately paid into the
 
                            -65-               LRB9201187SMdv
 1    Build  Illinois  Fund  from  other  moneys  received  by  the
 2    Department pursuant to the Tax Acts;  the  "Annual  Specified
 3    Amount"  means  the  amounts specified below for fiscal years
 4    1986 through 1993:
 5             Fiscal Year              Annual Specified Amount
 6                 1986                       $54,800,000
 7                 1987                       $76,650,000
 8                 1988                       $80,480,000
 9                 1989                       $88,510,000
10                 1990                       $115,330,000
11                 1991                       $145,470,000
12                 1992                       $182,730,000
13                 1993                      $206,520,000;
14    and means the Certified Annual Debt Service  Requirement  (as
15    defined  in Section 13 of the Build Illinois Bond Act) or the
16    Tax Act Amount, whichever is greater, for  fiscal  year  1994
17    and  each  fiscal year thereafter; and further provided, that
18    if on the last business day of any month the sum of  (1)  the
19    Tax  Act  Amount  required  to  be  deposited  into the Build
20    Illinois Bond Account in the Build Illinois Fund during  such
21    month  and  (2)  the amount transferred to the Build Illinois
22    Fund from the State and Local Sales  Tax  Reform  Fund  shall
23    have  been  less than 1/12 of the Annual Specified Amount, an
24    amount equal to the difference shall be immediately paid into
25    the Build Illinois Fund from other  moneys  received  by  the
26    Department  pursuant  to the Tax Acts; and, further provided,
27    that in no  event  shall  the  payments  required  under  the
28    preceding proviso result in aggregate payments into the Build
29    Illinois Fund pursuant to this clause (b) for any fiscal year
30    in  excess  of  the greater of (i) the Tax Act Amount or (ii)
31    the Annual  Specified  Amount  for  such  fiscal  year.   The
32    amounts payable into the Build Illinois Fund under clause (b)
33    of the first sentence in this paragraph shall be payable only
34    until such time as the aggregate amount on deposit under each
 
                            -66-               LRB9201187SMdv
 1    trust   indenture   securing  Bonds  issued  and  outstanding
 2    pursuant to the Build Illinois Bond Act is sufficient, taking
 3    into account any future investment income, to fully  provide,
 4    in  accordance  with such indenture, for the defeasance of or
 5    the payment  of  the  principal  of,  premium,  if  any,  and
 6    interest  on  the  Bonds secured by such indenture and on any
 7    Bonds expected to be issued thereafter and all fees and costs
 8    payable  with  respect  thereto,  all  as  certified  by  the
 9    Director of the  Bureau  of  the  Budget.   If  on  the  last
10    business  day  of  any  month  in which Bonds are outstanding
11    pursuant to the Build Illinois Bond  Act,  the  aggregate  of
12    moneys  deposited  in  the Build Illinois Bond Account in the
13    Build Illinois Fund in such month  shall  be  less  than  the
14    amount  required  to  be  transferred  in such month from the
15    Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
16    Retirement  and  Interest  Fund pursuant to Section 13 of the
17    Build Illinois Bond Act, an amount equal to  such  deficiency
18    shall  be  immediately paid from other moneys received by the
19    Department pursuant to the Tax Acts  to  the  Build  Illinois
20    Fund;  provided,  however, that any amounts paid to the Build
21    Illinois Fund in any fiscal year pursuant  to  this  sentence
22    shall be deemed to constitute payments pursuant to clause (b)
23    of  the first sentence of this paragraph and shall reduce the
24    amount otherwise payable for such  fiscal  year  pursuant  to
25    that  clause  (b).   The  moneys  received  by the Department
26    pursuant to this Act and required to be  deposited  into  the
27    Build  Illinois  Fund  are  subject  to the pledge, claim and
28    charge set forth in Section 12 of  the  Build  Illinois  Bond
29    Act.
30        Subject  to  payment  of  amounts into the Build Illinois
31    Fund as  provided  in  the  preceding  paragraph  or  in  any
32    amendment  thereto hereafter enacted, the following specified
33    monthly  installment  of  the   amount   requested   in   the
34    certificate  of  the  Chairman  of  the Metropolitan Pier and
 
                            -67-               LRB9201187SMdv
 1    Exposition Authority provided  under  Section  8.25f  of  the
 2    State  Finance  Act,  but not in excess of sums designated as
 3    "Total Deposit", shall be deposited  in  the  aggregate  from
 4    collections  under Section 9 of the Use Tax Act, Section 9 of
 5    the Service Use Tax Act, Section 9 of the Service  Occupation
 6    Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
 7    into the  McCormick  Place  Expansion  Project  Fund  in  the
 8    specified fiscal years.
 9             Fiscal Year                   Total Deposit
10                 1993                            $0
11                 1994                        53,000,000
12                 1995                        58,000,000
13                 1996                        61,000,000
14                 1997                        64,000,000
15                 1998                        68,000,000
16                 1999                        71,000,000
17                 2000                        75,000,000
18                 2001                        80,000,000
19                 2002                        84,000,000
20                 2003                        89,000,000
21                 2004                        93,000,000
22                 2005                        97,000,000
23                 2006                       102,000,000
24                 2007                       108,000,000
25                 2008                       115,000,000
26                 2009                       120,000,000
27                 2010                       126,000,000
28                 2011                       132,000,000
29                 2012                       138,000,000
30                 2013 and                   145,000,000
31        each fiscal year
32        thereafter that bonds
33        are outstanding under
34        Section 13.2 of the
 
                            -68-               LRB9201187SMdv
 1        Metropolitan Pier and
 2        Exposition Authority
 3        Act, but not after fiscal year 2029.
 4        Beginning  July 20, 1993 and in each month of each fiscal
 5    year thereafter, one-eighth of the amount  requested  in  the
 6    certificate  of  the  Chairman  of  the Metropolitan Pier and
 7    Exposition Authority for that fiscal year,  less  the  amount
 8    deposited  into the McCormick Place Expansion Project Fund by
 9    the State Treasurer in the respective month under  subsection
10    (g)  of  Section  13  of the Metropolitan Pier and Exposition
11    Authority Act, plus cumulative deficiencies in  the  deposits
12    required  under  this  Section for previous months and years,
13    shall be deposited into the McCormick Place Expansion Project
14    Fund, until the full amount requested for  the  fiscal  year,
15    but  not  in  excess  of the amount specified above as "Total
16    Deposit", has been deposited.
17        Subject to payment of amounts  into  the  Build  Illinois
18    Fund  and the McCormick Place Expansion Project Fund pursuant
19    to the preceding  paragraphs  or  in  any  amendment  thereto
20    hereafter  enacted,  each month the Department shall pay into
21    the Local  Government  Distributive  Fund  0.4%  of  the  net
22    revenue  realized for the preceding month from the 5% general
23    rate or 0.4% of 80% of  the  net  revenue  realized  for  the
24    preceding  month from the 6.25% general rate, as the case may
25    be, on the selling price of tangible personal property  which
26    amount  shall,  subject  to  appropriation, be distributed as
27    provided in Section 2 of the State Revenue Sharing  Act.   No
28    payments or distributions pursuant to this paragraph shall be
29    made  if  the  tax  imposed  by  this  Act on photoprocessing
30    products is declared unconstitutional,  or  if  the  proceeds
31    from  such  tax  are  unavailable for distribution because of
32    litigation.
33        Subject to payment of amounts  into  the  Build  Illinois
34    Fund,  the McCormick Place Expansion Project to the preceding
 
                            -69-               LRB9201187SMdv
 1    paragraphs or in any amendments  thereto  hereafter  enacted,
 2    beginning  July  1, 1993, the Department shall each month pay
 3    into the Illinois Tax Increment Fund 0.27% of 80% of the  net
 4    revenue  realized  for  the  preceding  month  from the 6.25%
 5    general rate  on  the  selling  price  of  tangible  personal
 6    property.
 7        Of the remainder of the moneys received by the Department
 8    pursuant  to  this  Act,  75%  thereof shall be paid into the
 9    State Treasury and 25% shall be reserved in a special account
10    and used only for the transfer to the Common School  Fund  as
11    part of the monthly transfer from the General Revenue Fund in
12    accordance with Section 8a of the State Finance Act.
13        The  Department  may,  upon  separate written notice to a
14    taxpayer, require the taxpayer to prepare and file  with  the
15    Department  on a form prescribed by the Department within not
16    less than 60 days after  receipt  of  the  notice  an  annual
17    information  return for the tax year specified in the notice.
18    Such  annual  return  to  the  Department  shall  include   a
19    statement  of  gross receipts as shown by the retailer's last
20    Federal income tax return.  If  the  total  receipts  of  the
21    business  as reported in the Federal income tax return do not
22    agree with the gross receipts reported to the  Department  of
23    Revenue for the same period, the retailer shall attach to his
24    annual  return  a  schedule showing a reconciliation of the 2
25    amounts and the reasons for the difference.   The  retailer's
26    annual  return to the Department shall also disclose the cost
27    of goods sold by the retailer during the year covered by such
28    return, opening and closing inventories  of  such  goods  for
29    such year, costs of goods used from stock or taken from stock
30    and  given  away  by  the  retailer during such year, payroll
31    information of the retailer's business during such  year  and
32    any  additional  reasonable  information which the Department
33    deems would be helpful in determining  the  accuracy  of  the
34    monthly,  quarterly  or annual returns filed by such retailer
 
                            -70-               LRB9201187SMdv
 1    as provided for in this Section.
 2        If the annual information return required by this Section
 3    is not filed when and as  required,  the  taxpayer  shall  be
 4    liable as follows:
 5             (i)  Until  January  1,  1994, the taxpayer shall be
 6        liable for a penalty equal to 1/6 of 1% of  the  tax  due
 7        from such taxpayer under this Act during the period to be
 8        covered  by  the annual return for each month or fraction
 9        of a month until such return is filed  as  required,  the
10        penalty  to  be assessed and collected in the same manner
11        as any other penalty provided for in this Act.
12             (ii)  On and after January  1,  1994,  the  taxpayer
13        shall be liable for a penalty as described in Section 3-4
14        of the Uniform Penalty and Interest Act.
15        The chief executive officer, proprietor, owner or highest
16    ranking  manager  shall sign the annual return to certify the
17    accuracy of the information contained therein.    Any  person
18    who  willfully  signs  the  annual return containing false or
19    inaccurate  information  shall  be  guilty  of  perjury   and
20    punished  accordingly.   The annual return form prescribed by
21    the Department  shall  include  a  warning  that  the  person
22    signing the return may be liable for perjury.
23        The  provisions  of this Section concerning the filing of
24    an annual information return do not apply to a  retailer  who
25    is  not required to file an income tax return with the United
26    States Government.
27        As soon as possible after the first day  of  each  month,
28    upon   certification   of  the  Department  of  Revenue,  the
29    Comptroller shall order transferred and the  Treasurer  shall
30    transfer  from the General Revenue Fund to the Motor Fuel Tax
31    Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
32    realized  under  this  Act  for  the  second preceding month.
33    Beginning April 1, 2000, this transfer is no longer  required
34    and shall not be made.
 
                            -71-               LRB9201187SMdv
 1        Net  revenue  realized  for  a month shall be the revenue
 2    collected by the State pursuant to this Act, less the  amount
 3    paid  out  during  that  month  as  refunds  to taxpayers for
 4    overpayment of liability.
 5        For greater simplicity of administration,  manufacturers,
 6    importers  and  wholesalers whose products are sold at retail
 7    in Illinois by numerous retailers, and who wish to do so, may
 8    assume the responsibility for accounting and  paying  to  the
 9    Department  all  tax  accruing under this Act with respect to
10    such sales, if the retailers who are  affected  do  not  make
11    written objection to the Department to this arrangement.
12        Any  person  who  promotes,  organizes,  provides  retail
13    selling  space  for concessionaires or other types of sellers
14    at the Illinois State Fair, DuQuoin State Fair, county fairs,
15    local fairs, art shows, flea markets and similar  exhibitions
16    or  events,  including  any  transient merchant as defined by
17    Section 2 of the Transient Merchant Act of 1987, is  required
18    to  file  a  report with the Department providing the name of
19    the merchant's business, the name of the  person  or  persons
20    engaged  in  merchant's  business,  the permanent address and
21    Illinois Retailers Occupation Tax Registration Number of  the
22    merchant,  the  dates  and  location  of  the event and other
23    reasonable information that the Department may require.   The
24    report must be filed not later than the 20th day of the month
25    next  following  the month during which the event with retail
26    sales was held.  Any  person  who  fails  to  file  a  report
27    required  by  this  Section commits a business offense and is
28    subject to a fine not to exceed $250.
29        Any person engaged in the business  of  selling  tangible
30    personal property at retail as a concessionaire or other type
31    of  seller  at  the  Illinois  State  Fair, county fairs, art
32    shows, flea markets and similar exhibitions or events, or any
33    transient merchants, as defined by Section 2 of the Transient
34    Merchant Act of 1987, may be required to make a daily  report
 
                            -72-               LRB9201187SMdv
 1    of  the  amount of such sales to the Department and to make a
 2    daily payment of the full amount of tax due.  The  Department
 3    shall  impose  this requirement when it finds that there is a
 4    significant risk of loss of revenue to the State at  such  an
 5    exhibition  or  event.   Such  a  finding  shall  be based on
 6    evidence that a  substantial  number  of  concessionaires  or
 7    other  sellers  who  are  not  residents  of Illinois will be
 8    engaging  in  the  business  of  selling  tangible   personal
 9    property  at  retail  at  the  exhibition  or event, or other
10    evidence of a significant risk of  loss  of  revenue  to  the
11    State.  The Department shall notify concessionaires and other
12    sellers  affected  by the imposition of this requirement.  In
13    the  absence  of  notification   by   the   Department,   the
14    concessionaires and other sellers shall file their returns as
15    otherwise required in this Section.
16    (Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
17    91-37,   eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,  eff.
18    7-12-99; 91-541, eff. 8-13-99; 91-872, eff.  7-1-00;  91-901,
19    eff. 1-1-01; revised 8-30-00.)

20        Section  99.  Effective date.  This Act takes effect July
21    1, 2001.
 
                            -73-               LRB9201187SMdv
 1                                INDEX
 2               Statutes amended in order of appearance
 3    New Act
 4    20 ILCS 1110/6            from Ch. 96 1/2, par. 4106
 5    30 ILCS 105/5.545 new
 6    30 ILCS 330/2             from Ch. 127, par. 652
 7    30 ILCS 330/7             from Ch. 127, par. 657
 8    35 ILCS 105/9             from Ch. 120, par. 439.9
 9    35 ILCS 110/9             from Ch. 120, par. 439.39
10    35 ILCS 115/9             from Ch. 120, par. 439.109
11    35 ILCS 120/3             from Ch. 120, par. 442

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