State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB1760 Enrolled                                LRB9215394SMdv

 1        AN ACT concerning taxes.

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

 4        Section  5.  The Retailers' Occupation Tax Act is amended
 5    by changing Section 5k as follows:

 6        (35 ILCS 120/5k) (from Ch. 120, par. 444k)
 7        Sec. 5k. Building materials exemption. Each retailer  who
 8    makes   a   qualified   sale  of  building  materials  to  be
 9    incorporated  into  real  estate  in   an   enterprise   zone
10    established  by  a  county or municipality under the Illinois
11    Enterprise Zone Act  by  remodeling,  rehabilitation  or  new
12    construction,  may  deduct  receipts  from  such  sales  when
13    calculating the tax imposed by this Act. For purposes of this
14    Section,  "qualified sale" means a sale of building materials
15    that will be incorporated into  real  estate  as  part  of  a
16    building  project  for which a Certificate of Eligibility for
17    Sales Tax Exemption has been issued by the  administrator  of
18    the enterprise zone in which the building project is located.
19    To  document  the  exemption  allowed under this Section, the
20    retailer must  obtain  from  the  purchaser  a  copy  of  the
21    Certificate  of Eligibility for Sales Tax Exemption issued by
22    the administrator of  the  enterprise  zone  into  which  the
23    building  materials  will be incorporated. The Certificate of
24    Eligibility for Sales Tax Exemption must contain:
25             (1)  a   statement   that   the   building   project
26        identified in the Certificate meets all the  requirements
27        for  the  building  material  exemption  contained in the
28        enterprise zone ordinance of the  jurisdiction  in  which
29        the building project is located;
30             (2)  the   location   or  address  of  the  building
31        project; and
SB1760 Enrolled             -2-                LRB9215394SMdv
 1             (3)  the  signature  of  the  administrator  of  the
 2        enterprise zone in which the building project is located.
 3    In addition, the retailer must obtain certification from  the
 4    purchaser that contains:
 5             (1)  a  statement  that  the  building materials are
 6        being  purchased  for  incorporation  into  real   estate
 7        located in an Illinois enterprise zone;
 8             (2)  the location or address of the real estate into
 9        which the building materials will be incorporated;
10             (3)  the  name  of the enterprise zone in which that
11        real estate is located;
12             (4)  a description of the building  materials  being
13        purchased; and
14             (5)  the purchaser's signature and date of purchase.
15    The  deduction  allowed  by  this  Section  for  the  sale of
16    building materials may be limited, to the  extent  authorized
17    by  ordinance,  adopted  after  the  effective  date  of this
18    amendatory Act of 1992, by the municipality  or  county  that
19    created  the  enterprise  zone  into  in  which  the building
20    materials will be incorporated retailer's place  of  business
21    is  located.  The ordinance, however, may neither require nor
22    prohibit the purchase of building materials from any retailer
23    or class of retailers in order to qualify for  the  exemption
24    allowed  under this Section. The corporate authorities of any
25    municipality or county that adopts an ordinance or resolution
26    imposing or changing any limitation on  the  enterprise  zone
27    exemption  for  building  materials  shall  transmit  to  the
28    Department  of  Revenue  on  or  not  later than 5 days after
29    publication, as provided by law,  a  certified  copy  of  the
30    ordinance   or   resolution   imposing   or   changing  those
31    limitations,  whereupon  the  Department  of  Revenue   shall
32    proceed to administer and enforce those limitations effective
33    the  first  day  of  the second calendar month next following
34    date of receipt by the Department of the certified  ordinance
SB1760 Enrolled             -3-                LRB9215394SMdv
 1    or  resolution.   The  provisions  of this Section are exempt
 2    from Section 2-70.
 3    (Source: P.A.  91-51,  eff.  6-30-99;  91-954,  eff.  1-1-02;
 4    92-484, eff. 8-23-01.)

 5        Section  90.  The State Mandates Act is amended by adding
 6    Section 8.26 as follows:

 7        (30 ILCS 805/8.26 new)
 8        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
 9    and  8 of this Act, no reimbursement by the State is required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 92nd General Assembly.
12    (Source: P.A.  91-51,  eff.  6-30-99;  91-954,  eff.  1-1-02;
13    92-484, eff. 8-23-01.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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