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Illinois General Assembly· SB 3019Governor Approved

FINANCE-AGRICULTURAL BORROWER, the official text

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SB3019 Enrolled                     LRB104 20255 HLH 33706 b

1   AN ACT concerning finance.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4                       ARTICLE 1.

5   Section 1-1. Short title. This Article may be cited as the

6 Targeted Advertising Services Tax Act. References in this

7 Article to "this Act" mean this Article.

8   Section 1-5. Findings and intent. The General Assembly

9 finds and declares the following:

10  (1) Many goods and services that traditionally have

11  been subject to Illinois State and local use and

12  occupation taxes have avoided taxation in the digital era.

13  Many digital transactions are harder to bring into the

14  sales tax base because, instead of paying a monetary fee,

15  customers often barter their personal information for

16  access to digital platforms. This personal information, in

17  turn, is sold for use in targeted advertisements on

18  digital platforms.

19  (2) The value of the consumption provided by digital

20  platforms is typically greater in proportion to the size

21  of the network. The General Assembly finds that the

22  consumption value provided by small networks is
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1   negligible, especially when compared to the compliance

2   burden that would be imposed on those digital platforms.

3   Section 1-10. Definitions. As used in this Act:

4   "Department" means the Department of Revenue.

5   "Device" means any medium through which targeted

6 advertising services may be accessed, including stationary or

7 portable computing devices, tablets, phones, and smart

8 devices.

9   "Digital interface" means any type of software, including

10 a website, part of a website, or application, that a

11 user-consumer is able to access with a device.

12  "Gross receipts" means income or revenue from all sources,

13 before any expenses or taxes, computed according to generally

14 accepted accounting principles.

15  "Other comparable advertising services" includes the

16 following targeted advertising services:

17  (1) Display advertising;

18  (2) Internet programmatic video advertising;

19  (3) Multichannel video programming distributor

20  advertising conveyed via cable television, satellite

21  television, or a digital fiber-optic distribution system;

22  (4) Advertising on social media;

23  (5) Native advertising; and

24  (6) Incentivized or rewarded advertising.

25  "News media entity" means an entity engaged primarily in
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1 the business of newsgathering, reporting, or publishing

2 articles or commentary about news, current events, culture, or

3 other matters of public interest. "News media entity" does not

4 include an entity that is primarily an aggregator or

5 re-publisher of third-party content.

6   "Person" means any natural individual, firm, partnership,

7 association, corporation, limited liability company, or trust;

8 any receiver, executor, trustee, guardian, or other

9 representative appointed by order of any court; or any other

10 entity. Unless expressly provided otherwise, the term "person"

11 does not include a governmental entity or a unit or

12 instrumentality of a governmental entity.

13  "Programmatic" means capable of automating advertising

14 services. Programmatic targeted advertising services may be

15 sold in real time by employing technology that uses

16 computer-driven or software-driven workflow or machine

17 learning algorithms to deliver advertisements to

18 user-consumers based on user-advertiser-defined parameters,

19 including precise user-consumer targeting data such as

20 user-consumer:

21  (1) Geographic locations;

22  (2) Types of devices;

23  (3) Recent online search behaviors;

24  (4) Browsing history;

25  (5) Shopping history;

26  (6) Purchase history; and
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1  (7) Biographical and other information compiled in

2  databases.

3  "Provider of Targeted Advertising Services" or "Provider"

4 means a person engaged in the occupation of providing targeted

5 advertising services whose annual cumulative gross receipts

6 from targeted advertising services provided in this State

7 during the previous 12-month period exceed $1,000,000.

8  Each provider of targeted advertising services in this

9 State shall determine on a quarterly basis, ending on the last

10 day of March, June, September, and December, whether the

11 provider met the $1,000,000 cumulative gross receipts

12 threshold for the preceding 12-month period. If the provider

13 meets the threshold for a 12-month period, the provider is

14 subject to the tax imposed under this Act and is required to

15 remit the tax and file returns for one year. At the end of that

16 one-year period, the provider of targeted advertising services

17 shall determine whether it met the threshold during the

18 preceding 12-month period. If the provider meets the threshold

19 for the preceding 12-month period, they are required to

20 continue to remit the tax imposed under this Act and file

21 returns for the subsequent year. If at the end of a one-year

22 period a provider of targeted advertising services determines

23 that it did not meet the threshold during the preceding

24 12-month period, that provider shall subsequently determine on

25 a quarterly basis, ending on the last day of March, June,

26 September, and December, whether the provider meets the
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1 threshold for the preceding 12-month period.

2   "Targeted advertising services" means any programmatic

3 written, oral, or graphic statement or representation conveyed

4 through a digital interface or any other method of delivery,

5 including, but not limited to, banner advertising, search

6 engine advertising, interstitial advertising, and other

7 comparable advertising services that use personal information

8 about the people to whom the ads are being served. "Targeted

9 advertising services" does not include advertisement services

10 on digital interfaces owned or operated by or operated on

11 behalf of a news media entity.

12  "User-advertiser" means a person who contracts with a

13 provider for targeted advertising services.

14  "User-consumer" or "user" means an individual or any other

15 person to whom targeted advertisements are conveyed.

16  "User-consumer   contact       information"  means   a

17 user-consumer's email address, telephone number, home address,

18 mailing address, or any credit card information necessary to

19 engage in a sales transaction.

20  "User-consumer data" means any information that

21 identifies, relates to, describes, is capable of being

22 associated with, or could reasonably be linked with a

23 user-consumer, whether directly submitted to the provider or

24 user-advertiser by the user-consumer or derived from other

25 sources.
    SB3019 Enrolled         -6-     LRB104 20255 HLH 33706 b

1   Section 1-15. Tax imposed.

2   (a) Beginning January 1, 2027, a tax is imposed upon

3 providers of targeted advertising services at the rate of 10%

4 of the gross receipts derived from such targeted advertising

5 services provided in this State.

6   (b) The impact of the tax levied by this Act is imposed

7 upon providers engaged in the business of providing targeted

8 advertising services to user-advertisers in this State.

9   (c) Targeted advertising services are provided in this

10 State when the location of the user-consumer of the targeted

11 advertisement is in this State pursuant to Section 1-20.

12  (d) The tax imposed in this Section shall be in addition to

13 all other occupation or privilege taxes imposed by the State

14 of Illinois or by any municipal corporation or political

15 subdivision thereof.

16  (e) The tax imposed in this Section is not imposed upon the

17 privilege of engaging in any business in Interstate Commerce

18 or otherwise, which business may not, under the Constitution

19 and Statutes of the United States, be made the subject of

20 taxation by this State.

21  (f) The tax imposed in this Section is not imposed on the

22 providing of targeted advertising services to the United

23 States or any agency or instrumentality thereof.

24  (g) The tax imposed in this Section is not imposed on the

25 providing of targeted advertising services if such services

26 are sold to a user-advertiser that is exempt from use tax by
    SB3019 Enrolled          -7-  LRB104 20255 HLH 33706 b

1 operation of federal law.

2   Section 1-20. Determining the location of a user-consumer.

3   (a) The location of a user-consumer shall be determined by

4 the provider of targeted advertising services using the

5 totality of the user-consumer contact information within the

6 provider's possession or control, including both technical

7 information and nontechnical information included in the

8 contract for digital advertising services.

9   (b) There shall be a rebuttable presumption that a

10 user-consumer is located in this State if the user-consumer

11 contact information associated with a device or account on

12 record with or available to a provider indicates an Illinois

13 home address, an Illinois mailing address, or an Illinois

14 internet protocol address or other user-consumer data showing

15 "place of primary use" in Illinois as defined in the Mobile

16 Telecommunications Sourcing Conformity Act. The burden of

17 proving that a user-consumer is not located in this State is on

18 the provider. For administrative ease, a provider may create

19 reasonable categorization standards to use in analyzing

20 user-consumer data to determine if a user-consumer is located

21 in Illinois; however, its reliance on such standards does not

22 alleviate the provider's burden of proof.

23  (c) Business entities that are part of a controlled group

24 of corporations as defined in Section 1563(a) of the Internal

25 Revenue Code shall be treated as a single entity for purposes
    SB3019 Enrolled              -8-  LRB104 20255 HLH 33706 b

1 of meeting the definition of a provider under this Act.

2   Section 1-25. Registration of providers of targeted

3 advertising services.

4   (a) It is unlawful for any person to engage in business as

5 a provider of targeted advertising services in this State on

6 or after January 1, 2027, without a certificate of

7 registration from the Department. A provider of targeted

8 advertising services shall register with the Department.

9 Application for a certificate of registration shall be made to

10 the Department, by electronic means, in the form and manner

11 prescribed by the Department and shall contain any reasonable

12 information the Department may require. The application shall

13 contain an acceptance of responsibility signed by the person

14 or persons who will be responsible for filing returns and

15 payment of the tax due under this Act. Upon receipt of the

16 application for a certificate of registration in proper form

17 and manner, the Department shall issue the applicant a

18 certificate of registration.

19  (b) Certificates of registration issued by the Department

20 under this Act shall be valid for a period not to exceed one

21 year after issuance unless sooner revoked, canceled, or

22 suspended as provided in this Act. A certificate of

23 registration shall automatically be renewed, subject to

24 revocation as provided by this Act, for an additional one year

25 from the date of its expiration unless otherwise notified by
    SB3019 Enrolled  -9-  LRB104 20255 HLH 33706 b

1 the Department as provided in this Section.

2   (c) The Department may refuse to issue, reissue, or renew

3 a certificate of registration to any applicant for the reasons

4 set forth in Section 2505-380 of the Department of Revenue Law

5 of the Civil Administrative Code of Illinois. No certificate

6 of registration shall be issued to any person who is in default

7 to the State of Illinois for moneys due under this Act or any

8 other tax Act administered by the Department.

9   (d) Any person aggrieved by any decision of the Department

10 under this Section may, within 30 days after notice of such

11 decision, protest and request a hearing, whereupon the

12 Department shall give notice to such person of the time and

13 place fixed for such hearing and shall hold a hearing in

14 conformity with the provisions of this Act and then issue its

15 final administrative decision in the matter to such person. In

16 the absence of such a protest within 30 days, the Department's

17 decision shall become final without any further determination

18 being made or notice given. The term "administrative decision"

19 is as defined in Section 3-101 of the Code of Civil Procedure.

20  Section 1-30. Revocation of certificate of registration.

21  (a) The Department may, after notice and a hearing as

22 provided herein, revoke the certificate of registration of any

23 person who violates any of the provisions of this Act or

24 regulations promulgated pursuant to this Act. Before

25 revocation of a certificate of registration, the Department
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1 shall, within 90 days after noncompliance and at least 7 days

2 prior to the date of the hearing, give the person determined to

3 be noncompliant notice in writing of the proposed revocation,

4 and on the date designated shall conduct a hearing. The lapse

5 of such 90-day period shall not preclude the Department from

6 conducting revocation proceedings at a later date if

7 necessary. Any hearing held under this Section shall be

8 conducted by the Director or by any officer or employee of the

9 Department designated by the Director.

10  (b) The Department may revoke a certificate of

11 registration for the reasons set forth in Section 2505-380 of

12 the Department of Revenue Law of the Civil Administrative Code

13 of Illinois.

14  (c) When conducting any such proceeding, the Director or

15 any officer or employee of the Department designated by the

16 Director may administer oaths, and the Department may procure

17 by its subpoena the attendance of witnesses and, by its

18 subpoena duces tecum, the production of relevant books and

19 papers. Any circuit court, upon application either of the

20 provider or of the Department, may, by order duly entered,

21 require the attendance of witnesses and the production of

22 relevant books and papers before the Department in any hearing

23 relating to the revocation of certificates of registration.

24 Upon refusal or neglect to obey the order of the court, the

25 court may compel obedience thereof by proceedings for

26 contempt.
    SB3019 Enrolled          - 11 - LRB104 20255 HLH 33706 b

1   (d) The Department may, by application to any circuit

2 court, obtain an injunction requiring any person who engages

3 in business as a provider under this Act to obtain a

4 certificate of registration. Upon refusal or neglect to obey

5 the order of the court, the court may compel obedience by

6 proceedings for contempt.

7   Section 1-35. Return and payment.

8   (a) Each provider of targeted advertising services shall

9 make a return to the Department on or before the 20th day of

10 each month for the preceding calendar month stating the

11 following:

12  (1) the provider's name;

13  (2) the address of the provider's principal place of

14  business and the address of the principal place of

15  business (if that is a different address) from which the

16  provider engages in the business of providing targeted

17  advertising services, including the location of the

18  provider's servers, subject to tax under this Act;

19  (3) the total gross receipts received by the provider

20  during the preceding calendar month for all targeted

21  advertising services provided that are subject to tax

22  under this Act;

23  (4) the amount of tax due, computed upon item (3) at

24  the rate stated in Section 1-15;

25  (5) deductions allowed by law;
    SB3019 Enrolled      - 12 - LRB104 20255 HLH 33706 b

1   (6) the signature of the provider; and

2   (7) such other information as the Department may

3   reasonably require.

4   (b) All returns required to be filed and payments required

5 to be made under this Act shall be by electronic means in the

6 form and manner authorized by the Department.

7   Any amount that is required to be shown or reported on any

8 return or other document under this Act shall, if such amount

9 is not a whole-dollar amount, be increased to the nearest

10 whole-dollar amount if the fractional part of a dollar is

11 $0.50 or more and decreased to the nearest whole-dollar amount

12 if the fractional part of a dollar is less than $0.50. If a

13 total amount of less than $1 is payable, refundable, or

14 creditable, such amount shall be disregarded if it is less

15 than $0.50 and shall be increased to $1 if it is $0.50 or more.

16  (c) The provider making the return provided for in this

17 Section shall, at the time of making such return, pay to the

18 Department the amount of tax imposed by this Act, less a

19 discount of 1.75% but not to exceed $1,000 per return period,

20 which is allowed to reimburse the provider for the expenses

21 incurred in keeping records, preparing and filing returns,

22 remitting the tax, and supplying data to the Department upon

23 request. No discount may be claimed by a provider on returns

24 not timely filed and for taxes not timely remitted. No

25 discount may be claimed by a provider for any return that is

26 not filed electronically. No discount may be claimed by a
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1 provider for any payment that is not made electronically.

2   (d) A provider of targeted advertising services who ceases

3 to engage in the kind of business which makes the person

4 responsible for filing returns under this Act shall file a

5 final return under this Act with the Department not more than

6 one month after discontinuing such business.

7   (e) If any payment provided for in this Section exceeds

8 the provider's liabilities under this Act, as shown on an

9 original monthly return, the Department shall, if requested by

10 the provider, issue to the provider a credit memorandum no

11 later than 30 days after the date of the request. The credit

12 evidenced by such credit memorandum may be assigned by the

13 provider to a similar provider under this Act, in accordance

14 with reasonable rules and regulations to be prescribed by the

15 Department. If no such request is made, the provider may

16 credit such excess payment against tax liability subsequently

17 to be remitted to the Department under this Act, in accordance

18 with reasonable rules and regulations prescribed by the

19 Department. If the Department subsequently determines that all

20 or any part of the credit taken was not actually due to the

21 provider, the provider's 1.75% discount shall be reduced by

22 the difference between the credit taken and that actually due,

23 and that provider shall be liable for penalties and interest

24 on such difference.

25  (f) If a provider fails to sign a return within 30 days

26 after the proper notice and demand for signature by the
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1 Department is received by the provider, the return shall be
2 considered valid, and any amount shown to be due on the return
3 shall be deemed assessed.

4   Section 1-40. Books and records. Every provider required

5 to file a return under Section 1-35 of this Act shall keep

6 books, records, papers, and other documents that adequately

7 reflect the targeted advertising services provided in this

8 State, including the information used in calculating the gross

9 receipts from providing targeted advertising services in this

10 State and the amount of tax due. Providers are required to

11 maintain records as needed to determine the location of a

12 user-consumer pursuant to Section 1-20 of this Act. The

13 Department may adopt rules that establish requirements,

14 including record forms and formats, for records required to be

15 kept and maintained by providers.

16  Books, records, papers, and documents that are required by

17 this Section to be kept shall, at all times during the usual

18 business hours of the day, be subject to inspection by the

19 Department or its duly authorized agents and employees. The

20 books, records, papers, and documents for any period with

21 respect to which the Department is authorized to issue a

22 notice of tax liability shall be preserved until the

23 expiration of that period.

24  Section 1-45. Deposit of proceeds from targeted
    SB3019 Enrolled  - 15 - LRB104 20255 HLH 33706 b

1 advertising services tax. The moneys received by the
2 Department from the tax imposed by this Act shall be deposited
3 into the General Revenue Fund.

4   Section 1-50. Penalties. Any provider who fails to file a

5 return, or who violates any other provision of this Act, or who

6 fails to keep books and records as required by this Act, or who

7 files a fraudulent return, or who willfully violates any rule

8 or regulation of the Department for the administration and

9 enforcement of the provisions of this Act, or any officer or

10 agent of a corporation or manager, member, or agent of a

11 limited liability company subject to this Act who signs a

12 fraudulent return filed on behalf of such corporation or

13 limited liability company, or any accountant or other agent

14 who knowingly enters false information on the return of any

15 taxpayer under this Act is guilty of a Class 3 felony.

16  A prosecution for any act in violation of this Section may

17 be commenced at any time within 5 years of the commission of

18 that act.

19  Section 1-55. Department administration and enforcement.

20 The Department shall have full power to administer and enforce

21 this Act, to collect all taxes and penalties due hereunder, to

22 dispose of taxes and penalties so collected in the manner

23 hereinafter provided, and to determine all rights to credit

24 memoranda, arising on account of the erroneous payment of tax
    SB3019 Enrolled      - 16 - LRB104 20255 HLH 33706 b

1 or penalty hereunder.

2   In the administration of, and compliance with, this Act,

3 the Department and persons who are subject to this Act shall

4 have the same rights, remedies, privileges, immunities,

5 powers, and duties, and be subject to the same conditions,

6 restrictions, limitations, penalties, and definitions of

7 terms, and employ the same modes of procedure, as are

8 prescribed in Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,

9 5j, 6b, 6c, 8, 9, 10, and 11 of the Retailers' Occupation Tax

10 Act and all of the provisions of the Uniform Penalty and

11 Interest Act, which are not inconsistent with this Act, as

12 fully as if those provisions were set forth herein. References

13 in the incorporated Sections of the Retailers' Occupation Tax

14 Act to retailers, to sellers, or to persons engaged in the

15 business of selling tangible personal property mean providers

16 of targeted advertising services when used in this Act.

17 References in the incorporated Sections to sales of tangible

18 personal property mean targeted advertising services subject

19 to tax under this Act when used in this Act.

20  Section 1-60. Illinois Administrative Procedure Act

21 expressly adopted. The Illinois Administrative Procedure Act

22 is hereby expressly adopted and shall apply to all

23 administrative rules and procedures of the Department of

24 Revenue under this Act, except that: (1) paragraph (b) of

25 Section 5-10 of the Illinois Administrative Procedure Act does
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1 not apply to final orders, decisions, and opinions of the
2 Department; and (2) subparagraph (a)(ii) of Section 5-10 of
3 the Illinois Administrative Procedure Act does not apply to
4 forms established by the Department for use under this
5 Article.

6   Section 1-65. Rulemaking. The Department may adopt rules

7 in accordance with the Illinois Administrative Procedure Act

8 and prescribe forms relating to the administration and

9 enforcement of this Act as it deems appropriate.

10  Section 1-70. Home rule limitation. The taxation of the

11 occupation of providing targeted advertising services is an

12 exclusive power and function of the State. A home rule unit may

13 not impose a tax on the occupation of providing targeted

14 advertising services as set out in this Act. This Section is a

15 denial and limitation of home rule powers and functions under

16 subsection (g) of Section 6 of Article VII of the Illinois

17 Constitution.

18  Section 1-900. The Counties Code is amended by changing

19 Section 5-1009 as follows:

20  (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009)

21  Sec. 5-1009. Limitation on home rule powers. Except as

22 provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9,
    SB3019 Enrolled  - 18 - LRB104 20255 HLH 33706 b

1 5-1007, and 5-1008, on and after September 1, 1990, no home

2 rule county has the authority to impose, pursuant to its home

3 rule authority, a retailers' occupation tax, service

4 occupation tax, use tax, sales tax, or other tax on the use,

5 sale, or purchase of tangible personal property based on the

6 gross receipts from such sales or the selling or purchase

7 price of said tangible personal property. Notwithstanding the

8 foregoing, this Section does not preempt any home rule imposed

9 tax such as the following: (1) a tax on alcoholic beverages,

10 whether based on gross receipts, volume sold, or any other

11 measurement; (2) a tax based on the number of units of

12 cigarettes or tobacco products; (3) a tax, however measured,

13 based on the use of a hotel or motel room or similar facility;

14 (4) a tax, however measured, on the sale or transfer of real

15 property; (5) a tax, however measured, on lease receipts; (6)

16 a tax on food prepared for immediate consumption and on

17 alcoholic beverages sold by a business which provides for on

18 premise consumption of said food or alcoholic beverages; or

19 (7) other taxes not based on the selling or purchase price or

20 gross receipts from the use, sale, or purchase of tangible

21 personal property. This Section does not preempt a home rule

22 county from imposing a tax, however measured, on the use, for

23 consideration, of a parking lot, garage, or other parking

24 facility.

25  On and after December 1, 2019, no home rule county has the

26 authority to impose, pursuant to its home rule authority, a
    SB3019 Enrolled       - 19 - LRB104 20255 HLH 33706 b

1 tax, however measured, on sales of aviation fuel, as defined

2 in Section 3 of the Retailers' Occupation Tax Act, unless the

3 tax revenue is expended for airport-related purposes. For

4 purposes of this Section, "airport-related purposes" has the

5 meaning ascribed in Section 6z-20.2 of the State Finance Act.

6 Aviation fuel shall be excluded from tax only for so long as

7 the revenue use requirements of 49 U.S.C. 47017(b) and 49

8 U.S.C. 47133 are binding on the county.

9   On and after the effective date of this amendatory Act of

10 the 104th General Assembly, no home rule county has the

11 authority to impose, pursuant to its home rule authority, a

12 tax, however measured, on sales of targeted advertising

13 services, as defined in Section 1-10 of the Targeted

14 Advertising Services Tax Act, an occupation tax, use tax,

15 sales tax, or other tax on the use, sale, or purchase of

16 targeted advertising services based on the gross receipts from

17 such sales or the selling or purchase price of said targeted

18 advertising services.

19  This Section is a limitation, pursuant to subsection (g)

20 of Section 6 of Article VII of the Illinois Constitution, on

21 the power of home rule units to tax. The changes made to this

22 Section by Public Act 101-10 are a denial and limitation of

23 home rule powers and functions under subsection (g) of Section

24 6 of Article VII of the Illinois Constitution.

25 (Source: P.A. 103-781, eff. 8-5-24; 104-417, eff. 8-15-25.)
   SB3019 Enrolled  - 20 - LRB104 20255 HLH 33706 b

1  Section 1-905. The Illinois Municipal Code is amended by

2 changing Section 8-11-6a as follows:

3  (65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a)

4  Sec. 8-11-6a. Home rule municipalities; preemption of

5 certain taxes. Except as provided in Sections 8-11-1, 8-11-5,

6 8-11-6, 8-11-6b, 8-11-6c, 8-11-23, 8-11-24, and 11-74.3-6 on

7 and after September 1, 1990, no home rule municipality has the

8 authority to impose, pursuant to its home rule authority, a

9 retailer's occupation tax, service occupation tax, use tax,

10 sales tax or other tax on the use, sale or purchase of tangible

11 personal property based on the gross receipts from such sales

12 or the selling or purchase price of said tangible personal

13 property. Notwithstanding the foregoing, this Section does not

14 preempt any home rule imposed tax such as the following: (1) a

15 tax on alcoholic beverages, whether based on gross receipts,

16 volume sold or any other measurement; (2) a tax based on the

17 number of units of cigarettes or tobacco products (provided,

18 however, that a home rule municipality that has not imposed a

19 tax based on the number of units of cigarettes or tobacco

20 products before July 1, 1993, shall not impose such a tax after

21 that date); (3) a tax, however measured, based on the use of a

22 hotel or motel room or similar facility; (4) a tax, however

23 measured, on the sale or transfer of real property; (5) a tax,

24 however measured, on lease receipts; (6) a tax on food

25 prepared for immediate consumption and on alcoholic beverages
SB3019 Enrolled  - 21 - LRB104 20255 HLH 33706 b

 1 sold by a business which provides for on premise consumption
 2 of said food or alcoholic beverages; or (7) other taxes not
 3 based on the selling or purchase price or gross receipts from
 4 the use, sale or purchase of tangible personal property. This
 5 Section does not preempt a home rule municipality with a
 6 population of more than 2,000,000 from imposing a tax, however
 7 measured, on the use, for consideration, of a parking lot,
 8 garage, or other parking facility. This Section is not
 9 intended to affect any existing tax on food and beverages
10 prepared for immediate consumption on the premises where the
11 sale occurs, or any existing tax on alcoholic beverages, or
12 any existing tax imposed on the charge for renting a hotel or
13 motel room, which was in effect January 15, 1988, or any
14 extension of the effective date of such an existing tax by
15 ordinance of the municipality imposing the tax, which
16 extension is hereby authorized, in any non-home rule
17 municipality in which the imposition of such a tax has been
18 upheld by judicial determination, nor is this Section intended
19 to preempt the authority granted by Public Act 85-1006. On and
20 after December 1, 2019, no home rule municipality has the
21 authority to impose, pursuant to its home rule authority, a
22 tax, however measured, on sales of aviation fuel, as defined
23 in Section 3 of the Retailers' Occupation Tax Act, unless the
24 tax is not subject to the revenue use requirements of 49 U.S.C.
25 47107(b) and 49 U.S.C. 47133, or unless the tax revenue is
26 expended for airport-related purposes. For purposes of this
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 1 Section, "airport-related purposes" has the meaning ascribed
 2 in Section 6z-20.2 of the State Finance Act. Aviation fuel
 3 shall be excluded from tax only if, and for so long as, the
 4 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
 5 47133 are binding on the municipality. On and after the
 6 effective date of this amendatory Act of the 104th General
 7 Assembly, no home rule municipality has the authority to
 8 impose, pursuant to its home rule authority, a tax, however
 9 measured, on sales of targeted advertising services, as
10 defined in Section 1-10 of the Targeted Advertising Services
11 Tax Act, an occupation tax, use tax, sales tax, or other tax on
12 the use, sale, or purchase of targeted advertising services
13 based on the gross receipts from such sales or the selling or
14 purchase price of said targeted advertising services. This
15 Section is a limitation, pursuant to subsection (g) of Section
16 6 of Article VII of the Illinois Constitution, on the power of
17 home rule units to tax. The changes made to this Section by
18 Public Act 101-10 are a denial and limitation of home rule
19 powers and functions under subsection (g) of Section 6 of
20 Article VII of the Illinois Constitution.
21 (Source: P.A. 103-781, eff. 8-5-24.)

22                   ARTICLE 3

23  Section 3-5. Short title. This Article may be cited as the

24 Digital Asset Tax Act. References in this Article to "this
         SB3019 Enrolled   - 23 - LRB104 20255 HLH 33706 b
1 Act" mean this Article.

2   Section 3-15. Definitions. In this Act:

3   "Customer" means a person receiving digital asset business

4 activity from a digital asset broker for valuable

5 consideration.

6   "Department" means the Department of Revenue.

7   "Digital asset" has the meaning set forth in Section 1-5

8 of the Digital Assets and Consumer Protection Act.

9   "Digital asset business activity" means any single

10 occurrence of exchanging, transferring, or storing a digital

11 asset as part of a business or on behalf of a customer who has

12 entered into an agreement with a business for the provision of

13 those services.

14  "Digital asset broker" means a person, as defined in

15 Section 6045(c)(1)(D) of the Internal Revenue Code and any

16 regulations as the Secretary of the Treasury may prescribe,

17 who is engaged in the business of providing digital asset

18 business activity to customers in this State.

19  "Digital asset broker maintaining a place of business in

20 this State" means:

21  (1) Any digital asset broker having or maintaining

22  within this State, directly or by a subsidiary, an office,

23  distribution facilities, transmission facilities, sales

24  office, warehouse or other place of business, or any agent

25  or other representative operating within this State under
    SB3019 Enrolled  - 24 - LRB104 20255 HLH 33706 b

1   the authority of the digital asset broker or its

2   subsidiary, irrespective of whether the place of business

3   or agent or other representative is located here

4   permanently or temporarily, or whether the digital asset

5   broker or subsidiary is licensed to do business in this

6   State.

7   (2) Any digital asset broker who is headquartered

8   outside of this State and who sells digital asset business

9   activity to Illinois customers remotely if the digital

10  asset broker's gross receipts from digital asset business

11  activity sales to Illinois customers are $100,000 or more.

12  The digital asset broker shall determine on a

13  quarterly basis, ending on the last day of March, June,

14  September, and December, whether the digital asset broker

15  meets the threshold in this paragraph (2) for the

16  preceding 12-month period. If the broker meets the

17  threshold for a 12-month period, the broker is considered

18  a digital asset broker maintaining a place of business in

19  this State and is required to collect and remit the tax

20  imposed under this Act and file returns for one year. At

21  the end of the one-year period, the broker shall determine

22  whether the broker met the threshold during the preceding

23  12-month period. If the broker met the threshold for the

24  preceding 12-month period, the broker is considered a

25  broker maintaining a place of business in this State and

26  is required to collect and remit the tax imposed under
    SB3019 Enrolled  - 25 - LRB104 20255 HLH 33706 b

1   this Act and file returns for the subsequent year. If, at

2   the end of a one-year period, a broker that was required to

3   collect and remit the tax imposed under this Act

4   determines that the broker did not meet the threshold

5   during the preceding 12-month period, the broker shall

6   subsequently determine on a quarterly basis, ending on the

7   last day of March, June, September, and December, whether

8   the broker meets the threshold for the preceding 12-month

9   period.

10  "Exchange", when used as a verb, means to exchange, buy,

11 sell, trade, or convert, on behalf of a customer, either of the

12 following:

13  (1) a digital asset for fiat currency or one or more

14  forms of digital assets; and

15  (2) fiat currency for one or more forms of digital

16  assets.

17  "Exchange" does not include buying, selling, or trading

18 digital assets for a person's own account in a principal

19 capacity.

20  "Fiat currency" means a medium of exchange or unit of

21 value issued by the United States or a foreign government that

22 is designated as legal tender in its country of issuance.

23  "Person" means any natural individual, firm, partnership,

24 association, corporation, limited liability company, or trust;

25 any receiver, executor, trustee, guardian, or other

26 representative appointed by order of any court; or any other
    SB3019 Enrolled  - 26 - LRB104 20255 HLH 33706 b

1 entity. Unless expressly provided otherwise, the term "person"

2 does not include a governmental entity or a unit or

3 instrumentality of a government entity.

4   "Purchase price" means the consideration paid for the

5 purchase of digital asset business activity from a digital

6 asset broker, valued in money, whether received in money or

7 otherwise, including cash, gift cards, credits, and property,

8 and shall be determined without any deduction on account of

9 the cost of materials used, labor or service costs, or any

10 other expense whatsoever. "Purchase price" includes any and

11 all charges that the customer pays related to or incidental to

12 the receipt of digital asset business activity.

13  "Sale" means an agreement between a digital asset broker

14 and a customer for the broker to provide the customer with a

15 digital asset business activity for valuable consideration. If

16 the digital asset business activity is sold as a bundle of

17 separate services, each service shall constitute an individual

18 sale for the purposes of this Act.

19  "Store", "storage", and "storing", except in the phrase

20 "store of value", means to store, hold, or maintain custody or

21 control of a digital asset on behalf of a customer by a digital

22 asset broker.

23  "Transfer" means to transfer or transmit a digital asset

24 on behalf of a customer, including by doing any of the

25 following:

26  (1) crediting the digital asset to the account or
    SB3019 Enrolled           - 27 - LRB104 20255 HLH 33706 b

1   storage of another person;

2         (2) moving the digital asset from one account or

3   storage of a customer to another account or storage of the

4   same customer; and

5         (3) relinquishing custody or control of a digital

6   asset to another person.

7   Section 3-20. Tax imposed.

8   (a) Beginning January 1, 2027, a tax is imposed upon the

9 privilege of receiving any digital asset business activity by

10 a customer in this State at the rate of 0.2% of the value of

11 the digital asset to which the digital asset business activity

12 relates. It shall be the duty of the digital asset broker

13 making or effectuating the sale of the digital asset business

14 activity to collect the tax provided by this Section on each

15 sale.

16  (b) The tax imposed in this Section shall be in addition to

17 all other occupation or privilege taxes imposed by the State

18 of Illinois or by any municipal corporation or political

19 subdivision thereof.

20  (c) The tax imposed in this Section is not imposed upon the

21 privilege of engaging in any business in Interstate Commerce

22 or otherwise, which business may not, under the Constitution

23 and Statutes of the United States, be made the subject of

24 taxation by this State.

25  (d) The tax imposed in this Section is not imposed on the
    SB3019 Enrolled  - 28 - LRB104 20255 HLH 33706 b

1 providing of services to the United States or any agency or
2 instrumentality thereof.

3   Section 3-25. Sourcing. As used in this Act, the term "in

4 this State" means at a physical location within this State for

5 a sale occurring in person. For a sale occurring

6 electronically or by phone, there shall be a rebuttable

7 presumption that the customer requesting the sale is located

8 in this State if the customer's contact information associated

9 with a device or account on record with or available to a

10 digital asset broker indicates an Illinois home address, an

11 Illinois mailing address, or an Illinois internet protocol

12 address or other data showing "place of primary use" in

13 Illinois, as defined in the Mobile Telecommunications Sourcing

14 Conformity Act. The burden of proving that a customer is not

15 located in this State is on the digital asset broker. For

16 administrative ease, a digital asset broker may create

17 reasonable categorization standards to use in analyzing data

18 to determine if a customer is located in Illinois; however,

19 its reliance on such standards does not alleviate the digital

20 asset broker's burden of proof.

21  Section 3-30. Registration of digital asset brokers.

22  (a) It is unlawful for any person to engage in business as

23 a digital asset broker in this State on or after January 1,

24 2027, without a certificate of registration from the
    SB3019 Enrolled  - 29 - LRB104 20255 HLH 33706 b

1 Department. A digital asset broker shall register with the

2 Department. Application for a certificate of registration

3 shall be made to the Department, by electronic means, in the

4 form and manner prescribed by the Department and shall contain

5 any reasonable information the Department may require. The

6 application shall contain an acceptance of responsibility

7 signed by the person or persons who will be responsible for

8 filing returns and payment of the tax due under this Act. Upon

9 receipt of the application for a certificate of registration

10 in proper form and manner, the Department shall issue the

11 applicant a certificate of registration.

12  (b) Certificates of registration issued by the Department

13 under this Act shall be valid for a period not to exceed one

14 year after issuance unless sooner revoked, canceled, or

15 suspended as provided in this Act. A certificate of

16 registration shall automatically be renewed, subject to

17 revocation as provided by this Act, for an additional one year

18 from the date of its expiration unless otherwise notified by

19 the Department as provided in this Section.

20  (c) The Department may refuse to issue, reissue, or renew

21 a certificate of registration to any applicant for the reasons

22 set forth in Section 2505-380 of the Department of Revenue Law

23 of the Civil Administrative Code of Illinois. No certificate

24 of registration shall be issued to any person who is in default

25 to the State of Illinois for moneys due under this Act or any

26 other tax Act administered by the Department.
    SB3019 Enrolled  - 30 - LRB104 20255 HLH 33706 b

1   (d) Any person aggrieved by any decision of the Department

2 under this Section may, within 30 days after notice of such

3 decision, protest and request a hearing, whereupon the

4 Department shall give notice to such person of the time and

5 place fixed for such hearing and shall hold a hearing in

6 conformity with the provisions of this Act and then issue its

7 final administrative decision in the matter to such person. In

8 the absence of such a protest within 30 days, the Department's

9 decision shall become final without any further determination

10 being made or notice given. The term "administrative decision"

11 is as defined in Section 3-101 of the Code of Civil Procedure.

12  Section 3-35. Collection of tax.

13  (a) Any digital asset broker maintaining a place of

14 business in this State shall collect the tax imposed by this

15 Act from the customer at the rate stated in Section 3-20 for

16 the privilege of receiving digital asset business activity in

17 this State and shall remit the tax to the Department as

18 provided in Section 3-40 of this Act. Any such digital asset

19 broker shall be liable for the tax whether or not the tax has

20 been collected by the digital asset broker. To the extent that

21 a digital asset broker that is required to collect the tax

22 imposed by this Act has actually collected that tax, such tax

23 is held in trust for the benefit of the Department.

24  (b) All digital asset business activities provided to a

25 customer that are subject to tax under this Act are presumed
    SB3019 Enrolled    - 31 - LRB104 20255 HLH 33706 b

1 subject to tax collection. Digital asset brokers shall collect

2 the tax from customers by adding the tax to the amount of the

3 purchase price received from the customer for the digital

4 asset business activity subject to tax under this Act. The tax

5 imposed by the Act shall, when collected, be stated as a

6 distinct item separate and apart from the purchase price of

7 the digital asset business activity subject to tax under this

8 Act. However, if it is not possible to state the tax

9 separately, the Department may, by rule, exempt the purchase

10 from this requirement if customers are notified by language on

11 the invoice or other written notification that the tax is

12 included in the purchase price.

13  (c) Every digital asset broker shall, when collecting the

14 tax as provided in Section 3-20 of this Act from the customer,

15 give to the customer (if demanded by the customer) a receipt

16 for the tax in the manner and form prescribed by the

17 Department. The receipt shall be sufficient to relieve the

18 customer from further liability for the tax to which the

19 receipt may refer.

20  (d) The tax imposed by this Act shall constitute a debt of

21 the customer to the digital asset broker who provides such

22 taxable activity until paid, and, if unpaid, is recoverable at

23 law in the same manner as the original charge for such taxable

24 activity.

25  (e) If any digital asset broker erroneously collects tax

26 or collects more from the customer than the customer's
    SB3019 Enrolled  - 32 - LRB104 20255 HLH 33706 b

1 liability for the sale, the customer shall have a legal right

2 to claim a refund of such amount from such digital asset

3 broker. However, if such amount is not refunded to the

4 customer for any reason, the digital asset broker is liable to

5 pay such amount to the Department.

6   (f) Any person purchasing a digital asset business

7 activity subject to tax under this Act as to which there has

8 been no charge made to the customer of the tax imposed by

9 Section 3-20 shall make payment of the tax imposed by Section

10 3-20 in the form and manner provided by the Department not

11 later than the 20th day of the month following the month of

12 payment for the digital asset business activity.

13  Section 3-40. Return and payment.

14  (a) Each digital asset broker shall make a return to the

15 Department on or before the 20th day of each month for the

16 preceding calendar month stating the following:

17  (1) the digital asset broker's name;

18  (2) the address of the digital asset broker's

19  principal place of business;

20  (3) the amount of digital asset business sales made by

21  the digital asset broker during the preceding calendar

22  month;

23  (4) the amount of tax due, computed as set forth in

24  this Act;

25  (5) the signature of the digital asset broker; and
    SB3019 Enrolled              - 33 - LRB104 20255 HLH 33706 b

1   (6) such other information as the Department may

2   reasonably require.

3   (b) All returns required to be filed and payments required

4 to be made under this Act shall be by electronic means in the

5 form and manner authorized by the Department.

6   (c) Any amount that is required to be shown or reported on

7 any return or other document under this Act shall, if such

8 amount is not a whole-dollar amount, be increased to the

9 nearest whole-dollar amount if the fractional part of a dollar

10 is $0.50 or more and decreased to the nearest whole-dollar

11 amount if the fractional part of a dollar is less than $0.50.

12 If a total amount of less than $1 is payable, refundable, or

13 creditable, such amount shall be disregarded if it is less

14 than $0.50 and shall be increased to $1 if it is $0.50 or more.

15  (d) A digital asset broker who ceases to engage in the kind

16 of business which makes the person responsible for filing

17 returns under this Act shall file a final return under this Act

18 with the Department not more than one month after

19 discontinuing such business.

20  (e) If any payment provided for in this Section exceeds

21 the digital asset broker's liabilities under this Act, as

22 shown on an original monthly return, the Department shall, if

23 requested by the digital asset broker, issue to the digital

24 asset broker a credit memorandum no later than 30 days after

25 the date of the request. The credit evidenced by such credit

26 memorandum may be assigned by the digital asset broker to a
    SB3019 Enrolled  - 34 - LRB104 20255 HLH 33706 b

1 similar digital asset broker under this Act, in accordance

2 with reasonable rules and regulations to be prescribed by the

3 Department. If no such request is made, the digital asset

4 broker may credit such excess payment against tax liability

5 subsequently to be remitted to the Department under this Act,

6 in accordance with reasonable rules and regulations prescribed

7 by the Department. If the Department subsequently determines

8 that all or any part of the credit taken was not actually due

9 to the digital asset broker, that digital asset broker shall

10 be liable for penalties and interest on such difference.

11  (f) If a digital asset broker fails to sign a return within

12 30 days after the proper notice and demand for signature by the

13 Department is received by the digital asset broker, the return

14 shall be considered valid, and any amount shown to be due on

15 the return shall be deemed assessed.

16  Section 3-45. Books and records. Every digital asset

17 broker required to file a return under this Act shall keep

18 books, records, papers, and other documents that adequately

19 reflect digital asset business activity sold in this State,

20 including the information used in calculating the amount of

21 tax due. Digital asset brokers are required to maintain

22 records as needed to determine the location of a sale pursuant

23 to Section 3-25 of this Act. The Department may adopt rules

24 that establish requirements, including record forms and

25 formats, for records required to be kept and maintained by
    SB3019 Enrolled           - 35 - LRB104 20255 HLH 33706 b

1 digital asset brokers.

2   Books, records, papers, and documents that are required by

3 this Section to be kept shall, at all times during the usual

4 business hours of the day, be subject to inspection by the

5 Department or its duly authorized agents and employees. The

6 books, records, papers, and documents for any period with

7 respect to which the Department is authorized to issue a

8 notice of tax liability shall be preserved until the

9 expiration of that period.

10  Section 3-50. Deposits of proceeds The moneys received by

11 the Department from the tax imposed by this Act shall be

12 deposited into the General Revenue Fund.

13  Section 3-55. Criminal penalties. Any digital asset broker

14 who fails to file a return, or who violates any other provision

15 of this Act, or who fails to keep books and records as required

16 by this Act, or who files a fraudulent return, or who willfully

17 violates any rule or regulation of the Department for the

18 administration and enforcement of the provisions of this Act,

19 or any officer or agent of a corporation or manager, member, or

20 agent of a limited liability company subject to this Act who

21 signs a fraudulent return filed on behalf of such corporation

22 or limited liability company, or any accountant or other agent

23 who knowingly enters false information on the return of any

24 taxpayer under this Act is guilty of a Class 3 felony. A
    SB3019 Enrolled       - 36 - LRB104 20255 HLH 33706 b

1 prosecution for any act in violation of this Section may be
2 commenced at any time within 5 years of the commission of that
3 act.

4   Section 3-60. Department administration and enforcement.

5 The Department shall have full power to administer and enforce

6 this Act, to collect all taxes and penalties due hereunder, to

7 dispose of taxes and penalties so collected in the manner

8 hereinafter provided, and to determine all rights to credit

9 memoranda, arising on account of the erroneous payment of tax

10 or penalty hereunder.

11  In the administration of, and compliance with, this Act,

12 the Department and persons who are subject to this Act shall

13 have the same rights, remedies, privileges, immunities,

14 powers, and duties, and be subject to the same conditions,

15 restrictions, limitations, penalties, and definitions of

16 terms, and employ the same modes of procedure, as are

17 prescribed in Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,

18 5j, 6b, 6c, 8, 9, 10, and 11 of the Retailers' Occupation Tax

19 Act and all of the provisions of the Uniform Penalty and

20 Interest Act, which are not inconsistent with this Act, as

21 fully as if those provisions were set forth herein. References

22 in the incorporated Sections of the Retailers' Occupation Tax

23 Act to retailers, to sellers, or to persons engaged in the

24 business of selling tangible personal property mean digital

25 asset brokers when used in this Act. References in the
    SB3019 Enrolled  - 37 - LRB104 20255 HLH 33706 b

1 incorporated Sections to sales of tangible personal property
2 mean sale of digital asset business activity subject to tax
3 under this Act when used in this Act.

4   Section 3-65. The Illinois Administrative Procedure Act.

5 The Illinois Administrative Procedure Act is hereby expressly

6 adopted and shall apply to all administrative rules and

7 procedures of the Department under this Act, except that: (1)

8 paragraph (b) of Section 5-10 of the Illinois Administrative

9 Procedure Act does not apply to final orders, decisions, and

10 opinions of the Department; and (2) subparagraph (a)(ii) of

11 Section 5-10 of the Illinois Administrative Procedure Act does

12 not apply to forms established by the Department for use under

13 this Article.

14  Section 3-70. Rulemaking. The Department may adopt rules

15 in accordance with the Illinois Administrative Procedure Act

16 and prescribe forms relating to the administration and

17 enforcement of this Act as it deems appropriate.

18                   ARTICLE 5

19  Section 5-5. The Business Corporation Act of 1983 is

20 amended by changing Section 15.05 and by adding Section 15.98

21 as follows:
    SB3019 Enrolled         - 38 - LRB104 20255 HLH 33706 b

1   (805 ILCS 5/15.05) (from Ch. 32, par. 15.05)

2   Sec. 15.05. Fees, franchise taxes, and charges to be

3 collected by Secretary of State. The Secretary of State shall

4 charge and collect in accordance with the provisions of this

5 Act:

6   (a) Fees for filing documents.

7   (b) License fees.

8   (c) Franchise taxes.

9   (d) Miscellaneous charges.

10  (e) Fees for filing annual reports.

11  (f) Social media platform fees.

12 (Source: P.A. 93-59, eff. 7-1-03.)

13  (805 ILCS 5/15.98 new)

14  Sec. 15.98. Social media platform fee.

15  (a) Beginning January 1, 2027 and monthly thereafter

16 within 14 days of the start of each month, each social media

17 platform shall submit to the Secretary of State a report of the

18 average number of monthly users of the platform located in the

19 State of Illinois.

20  (b) Beginning January 1, 2027, the following fees are

21 imposed on social media platforms based on the number of

22 Illinois users from whom the social media platform collects

23 data within a month. The fees must be paid to the Secretary of

24 State no later than the 14th day of the first succeeding

25 calendar month:
    SB3019 Enrolled  - 39 - LRB104 20255 HLH 33706 b

1        (1) social media platforms with over 100,000 Illinois

2   users but not more than 500,000 Illinois users shall pay

3   $0.10 per month on the number of Illinois users over

4   100,000 but not more than 500,000;

5        (2) social media platforms with over 500,000 Illinois

6   users but not more than 1,000,000 Illinois users shall pay

7   $40,000, plus $0.25 per month multiplied by the number of

8   Illinois users over 500,000 but not more than 1,000,000;

9   and

10       (3) social media platforms with over 1,000,000

11  Illinois users shall pay $165,000, plus $0.50 per month

12  multiplied by the number of Illinois users over 1,000,000.

13  If a social media platform fails or refuses to pay the

14 monthly fee to the Secretary of State, there shall be added to

15 the fee an amount equal to 100% of the unpaid fee and any

16 penalties each month until the fee is paid.

17  (c) The Secretary of State shall deposit a portion of the

18 fees collected pursuant to this Section, in the amount of

19 $170,000 per month, into the Secretary of State Special

20 Services Fund. The Secretary of State shall deposit the

21 remainder of the fees collected pursuant to this Section into

22 the Common School Fund. The Secretary of State shall pay the

23 funds to the State Comptroller within 30 days after receipt of

24 the funds.

25  (d) As used in this Section:

26  "Consumer Price Index" means the index published by the
    SB3019 Enrolled          - 40 - LRB104 20255 HLH 33706 b

1 Bureau of Labor Statistics of the United States Department of

2 Labor that measures the average change in prices of goods and

3 services purchased by all urban consumers, United States city

4 average, all items, 1982-84=100.

5   "Social media platform" means a website or internet medium

6 that:

7        (1) permits a person to become a registered user,

8   establish an account, or create a profile for the purpose

9   of allowing users to create, share, and view

10  user-generated content through that account or profile;

11       (2) enables one or more users to generate content that

12  can be viewed by other users of the medium; and

13       (3) primarily serves as a medium for users to interact

14  with content generated by other users of the medium.

15  "Social media platform" does not include a not-for-profit

16 organization, as defined in the General Not For Profit

17 Corporation Act of 1986.

18  (e) On January 1, 2028 and on each January 1 thereafter,

19 the fees charged under this Section shall each be increased by

20 an amount equal to the annual unadjusted percentage increase

21 in the Consumer Price Index for the 12-month period ending

22 with the March preceding each July 1, including all previous

23 adjustments, rounded down to the nearest whole number.

24  (f) A social media platform shall not vary the cost of

25 access, features, services, or in-app purchases for any user

26 based on the geographic origin of the user's login, activity,
    SB3019 Enrolled  - 41 - LRB104 20255 HLH 33706 b

1 or account registration for the purposes of recouping the fee

2 under this Section. A violation of this subsection regarding

3 users' access to features and services constitutes an injury

4 to that individual. Any individual alleging a violation of

5 this subsection (f) by a social media platform may bring a

6 civil action in the circuit court. An individual protected by

7 this subsection shall not be required, as a condition of

8 service or otherwise, to accept mandatory arbitration of a

9 claim arising under this subsection.

10  (g) The Secretary of State may order a social media

11 platform to pay the required fees to the Secretary of State,

12 determine the amount of the fee required to be paid to the

13 Secretary of State by a social media platform, determine any

14 delinquency by a social media platform in the fees to be paid

15 to the Secretary of State and to order such delinquency be

16 remedied, and audit any social media platform to enforce the

17 provisions of this Section, including to ensure that a social

18 media platform has paid the required fee and any penalties or

19 other sums owed. This subsection may be enforced by the

20 Attorney General or a State's Attorney.

21                   ARTICLE 10

22  Section 10-5. The Illinois Income Tax Act is amended by

23 changing Sections 207 and 1101 as follows:
    SB3019 Enrolled        - 42 - LRB104 20255 HLH 33706 b

1   (35 ILCS 5/207) (from Ch. 120, par. 2-207)

2   Sec. 207. Net Losses.

3   (a) If after applying all of the (i) modifications

4 provided for in paragraph (2) of Section 203(b), paragraph (2)

5 of Section 203(c) and paragraph (2) of Section 203(d) and (ii)

6 the allocation and apportionment provisions of Article 3 of

7 this Act and subsection (c) of this Section, the taxpayer's

8 net income results in a loss;

9   (1) for any taxable year ending prior to December 31,

10  1999, such loss shall be allowed as a carryover or

11  carryback deduction in the manner allowed under Section

12  172 of the Internal Revenue Code;

13  (2) for any taxable year ending on or after December

14  31, 1999 and prior to December 31, 2003, such loss shall be

15  allowed as a carryback to each of the 2 taxable years

16  preceding the taxable year of such loss and shall be a net

17  operating loss carryover to each of the 20 taxable years

18  following the taxable year of such loss;

19  (3) for any taxable year ending on or after December

20  31, 2003 and prior to December 31, 2021, such loss shall be

21  allowed as a net operating loss carryover to each of the 12

22  taxable years following the taxable year of such loss,

23  except as provided in subsection (d); and

24  (4) for any taxable year ending on or after December

25  31, 2021, and for any net loss incurred in a taxable year

26  prior to a taxable year ending on or after December 31,
    SB3019 Enrolled       - 43 - LRB104 20255 HLH 33706 b

1   2021 for which the statute of limitation for utilization

2   of such net loss has not expired, such loss shall be

3   allowed as a net operating loss carryover to each of the 20

4   taxable years following the taxable year of such loss,

5   except as provided in subsection (d).

6   (a-5) Election to relinquish carryback and order of

7 application of losses.

8   (A) For losses incurred in tax years ending prior

9   to December 31, 2003, the taxpayer may elect to

10  relinquish the entire carryback period with respect to

11  such loss. Such election shall be made in the form and

12  manner prescribed by the Department and shall be made

13  by the due date (including extensions of time) for

14  filing the taxpayer's return for the taxable year in

15  which such loss is incurred, and such election, once

16  made, shall be irrevocable.

17  (B) The entire amount of such loss shall be

18  carried to the earliest taxable year to which such

19  loss may be carried. The amount of such loss which

20  shall be carried to each of the other taxable years

21  shall be the excess, if any, of the amount of such loss

22  over the sum of the deductions for carryback or

23  carryover of such loss allowable for each of the prior

24  taxable years to which such loss may be carried.

25  (b) Any loss determined under subsection (a) of this

26 Section must be carried back or carried forward in the same
   SB3019 Enrolled          - 44 - LRB104 20255 HLH 33706 b

1 manner for purposes of subsections (a) and (b) of Section 201

2 of this Act as for purposes of subsections (c) and (d) of

3 Section 201 of this Act.

4  (c) Notwithstanding any other provision of this Act, for

5 each taxable year ending on or after December 31, 2008, for

6 purposes of computing the loss for the taxable year under

7 subsection (a) of this Section and the deduction taken into

8 account for the taxable year for a net operating loss

9 carryover under paragraphs (1), (2), and (3) of subsection (a)

10 of this Section, the loss and net operating loss carryover

11 shall be reduced in an amount equal to the reduction to the net

12 operating loss and net operating loss carryover to the taxable

13 year, respectively, required under Section 108(b)(2)(A) of the

14 Internal Revenue Code, multiplied by a fraction, the numerator

15 of which is the amount of discharge of indebtedness income

16 that is excluded from gross income for the taxable year (but

17 only if the taxable year ends on or after December 31, 2008)

18 under Section 108(a) of the Internal Revenue Code and that

19 would have been allocated and apportioned to this State under

20 Article 3 of this Act but for that exclusion, and the

21 denominator of which is the total amount of discharge of

22 indebtedness income excluded from gross income under Section

23 108(a) of the Internal Revenue Code for the taxable year. The

24 reduction required under this subsection (c) shall be made

25 after the determination of Illinois net income for the taxable

26 year in which the indebtedness is discharged.
    SB3019 Enrolled  - 45 - LRB104 20255 HLH 33706 b

1   (d) In the case of a corporation (other than a Subchapter S

2 corporation):

3   (1) no carryover deduction shall be allowed under this

4   Section for any taxable year ending after December 31,

5   2010 and prior to December 31, 2012;

6   (2) no carryover deduction shall exceed $100,000 for

7   any taxable year ending on or after December 31, 2012 and

8   prior to December 31, 2014 and for any taxable year ending

9   on or after December 31, 2021 and prior to December 31,

10  2024; and

11  (3) no carryover deduction shall exceed $500,000 for

12  any taxable year ending on or after December 31, 2024 and

13  prior to December 31, 2027.

14  (4) no carryover deduction shall exceed 15% of the

15  amount of net income computed under Section 202 without

16  regard to the deduction allowed by this Section or

17  $500,000, whichever is greater, for any taxable year

18  ending on or after December 31, 2027, and before December

19  31, 2028;

20  (5) no carryover deduction shall exceed 30% of the

21  amount of net income computed under Section 202 without

22  regard to the deduction allowed by this Section or

23  $500,000, whichever is greater, for any taxable year

24  ending on or after December 31, 2028, and before December

25  31, 2029;

26  (6) no carryover deduction shall exceed 50% of the
    SB3019 Enrolled  - 46 - LRB104 20255 HLH 33706 b

1   amount of net income computed under Section 202 without

2   regard to the deduction allowed by this Section or

3   $500,000, whichever is greater, for any taxable year

4   ending on or after December 31, 2029, and before December

5   31, 2030;

6   (7) no carryover deduction shall exceed 65% of the

7   amount of net income computed under Section 202 without

8   regard to the deduction allowed by this Section or

9   $500,000, whichever is greater, for any taxable year

10  ending on or after December 31, 2030 and before December

11  31, 2031;

12  (8) no carryover deduction shall exceed 80% of the

13  amount of net income computed under Section 202 without

14  regard to the deduction allowed by this Section or

15  $500,000, whichever is greater, for any taxable year

16  ending on or after December 31, 2031.

17  For the purposes of determining the taxable years to which

18 a net loss may be carried under subsection (a) of this Section,

19 no taxable year for which a deduction is disallowed under this

20 subsection, or for which one of the restrictions in this

21 subsection applies the deduction would exceed $100,000 or

22 $500,000, as applicable, if not for this subsection, shall be

23 counted.

24  (e) In the case of a residual interest holder in a real

25 estate mortgage investment conduit subject to Section 860E of

26 the Internal Revenue Code, the net loss in subsection (a)
    SB3019 Enrolled            - 47 - LRB104 20255 HLH 33706 b

1 shall be equal to:

2   (1) the amount computed under subsection (a), without

3   regard to this subsection (e), or if that amount is

4   positive, zero;

5   (2) minus an amount equal to the amount computed under

6   subsection (a), without regard to this subsection (e),

7   minus the amount that would be computed under subsection

8   (a) if the taxpayer's federal taxable income were computed

9   without regard to Section 860E of the Internal Revenue

10  Code and without regard to this subsection (e).

11  The modification in this subsection (e) is exempt from the

12 provisions of Section 250.

13 (Source: P.A. 102-16, eff. 6-17-21; 102-669, eff. 11-16-21;

14 103-592, eff. 6-7-24.)

15  (35 ILCS 5/1101) (from Ch. 120, par. 11-1101)

16  Sec. 1101. Lien for Tax.

17  (a) If any person liable to pay any tax neglects or refuses

18 to pay the same after demand, the amount (including any

19 interest, additional amount, addition to tax, or assessable

20 penalty, together with any costs that may accrue in addition

21 thereto) shall be a lien in favor of the State of Illinois upon

22 all property and rights to property, whether real or personal,

23 belonging to such person.

24  (b) Unless another date is specifically fixed by law, the

25 lien imposed by subsection (a) of this Section shall arise at
    SB3019 Enrolled  - 48 - LRB104 20255 HLH 33706 b

1 the time the assessment is made and shall continue until the

2 liability for the amount so assessed (or a judgment against

3 the taxpayer arising out of such liability) is satisfied or

4 becomes unenforceable by reason of lapse of time.

5   (c) Deficiency procedure. If the lien arises from an

6 assessment pursuant to a notice of deficiency, such lien shall

7 not attach and the notice referred to in this Section shall not

8 be filed until all proceedings in court for review of such

9 assessment have terminated or the time for the taking thereof

10 has expired without such proceedings being instituted. If a

11 late discretionary hearing has been granted pursuant to

12 subsection (d) of Section 908 of this Act after a lien has

13 attached, that lien shall remain in full force except to the

14 extent to which the final assessment may be reduced by a

15 revised final assessment following the hearing or review.

16  (d) Notice of lien. The lien created by assessment shall

17 terminate unless a notice of lien is filed, as provided in

18 Section 1103 hereof, within 3 years from the date all

19 proceedings in court for the review of such assessment have

20 terminated or the time for the taking thereof has expired

21 without such proceedings being instituted. Where the lien

22 results from the filing of a return without payment of the tax

23 or penalty shown therein to be due, the lien shall terminate

24 unless a notice of lien is filed within 3 years from the date

25 such return was filed with the Department. For the purposes of

26 this subsection (d), a tax return filed before the last day
    SB3019 Enrolled  - 49 - LRB104 20255 HLH 33706 b

 1 prescribed by law, including any extension thereof, shall be
 2 deemed to have been filed on such last day. The time limitation
 3 period on the Department's right to file a notice of lien shall
 4 not run (1) during any period of time in which the order of any
 5 court has the effect of enjoining or restraining the
 6 Department from filing such notice of lien, or (2) during the
 7 term of a repayment plan that taxpayer has entered into with
 8 the Department, as long as taxpayer remains in compliance with
 9 the terms of the repayment plan.
10 (Source: P.A. 97-507, eff. 8-23-11; 98-446, eff. 8-16-13.)

11                   ARTICLE 15

12  Section 15-5. The Motor Fuel Tax Law is amended by

13 changing Section 2 as follows:

14  (35 ILCS 505/2) (from Ch. 120, par. 418)

15  Sec. 2. A tax is imposed on the privilege of operating

16 motor vehicles upon the public highways and recreational-type

17 watercraft upon the waters of this State.

18  (a) Prior to August 1, 1989, the tax is imposed at the rate

19 of 13 cents per gallon on all motor fuel used in motor vehicles

20 operating on the public highways and recreational type

21 watercraft operating upon the waters of this State. Beginning

22 on August 1, 1989 and until January 1, 1990, the rate of the

23 tax imposed in this paragraph shall be 16 cents per gallon.
SB3019 Enrolled  - 50 - LRB104 20255 HLH 33706 b

 1 Beginning January 1, 1990 and until July 1, 2019, the rate of
 2 tax imposed in this paragraph, including the tax on compressed
 3 natural gas, shall be 19 cents per gallon. Beginning July 1,
 4 2019 and until July 1, 2020, the rate of tax imposed in this
 5 paragraph shall be 38 cents per gallon. Beginning July 1, 2020
 6 and until July 1, 2021, the rate of tax imposed in this
 7 paragraph shall be 38.7 cents per gallon. Beginning July 1,
 8 2021 and until January 1, 2023, the rate of tax imposed in this
 9 paragraph shall be 39.2 cents per gallon. On January 1, 2023,
10 the rate of tax imposed in this paragraph shall be increased by
11 an amount equal to the percentage increase, if any, in the
12 Consumer Price Index for the 12 months ending in September of
13 2022. On July 1, 2023, and on July 1 of each subsequent year,
14 except for the time period beginning July 1, 2026, and ending
15 on January 1, 2027, the rate of tax imposed in this paragraph
16 shall be increased by an amount equal to the percentage
17 increase, if any, in the Consumer Price Index for the 12 months
18 ending in March of the year in which the increase takes place.
19 The percentage increase in the Consumer Price Index shall be
20 calculated as follows: (1) calculate the average Consumer
21 Price Index for the full 12 months ending in March of the year
22 in which the increase takes place; (2) calculate the average
23 Consumer Price Index for the full 12 months ending in March of
24 the year immediately preceding the year in which the increase
25 takes place; (3) calculate the percentage increase, if any, in
26 the current-year average determined under item (1) over the
    SB3019 Enrolled  - 51 - LRB104 20255 HLH 33706 b

1 preceding-year average determined under item (2). The rate

2 shall be rounded to the nearest one-tenth of one cent.

3   (a-5) Beginning on July 1, 2022 and through December 31,

4 2022, each retailer of motor fuel shall cause the following

5 notice to be posted in a prominently visible place on each

6 retail dispensing device that is used to dispense motor fuel

7 in the State of Illinois: "As of July 1, 2022, the State of

8 Illinois has suspended the inflation adjustment to the motor

9 fuel tax through December 31, 2022. The price on this pump

10 should reflect the suspension of the tax increase." The notice

11 shall be printed in bold print on a sign that is no smaller

12 than 4 inches by 8 inches. The sign shall be clearly visible to

13 customers. Any retailer who fails to post or maintain a

14 required sign through December 31, 2022 is guilty of a petty

15 offense for which the fine shall be $500 per day per each

16 retail premises where a violation occurs.

17  (b) Until July 1, 2019, the tax on the privilege of

18 operating motor vehicles which use diesel fuel, liquefied

19 natural gas, or propane shall be the rate according to

20 paragraph (a) plus an additional 2 1/2 cents per gallon.

21 Beginning July 1, 2019, the tax on the privilege of operating

22 motor vehicles which use diesel fuel, liquefied natural gas,

23 or propane shall be the rate according to subsection (a) plus

24 an additional 7.5 cents per gallon. "Diesel fuel" is defined

25 as any product intended for use or offered for sale as a fuel

26 for engines in which the fuel is injected into the combustion
    SB3019 Enrolled   - 52 - LRB104 20255 HLH 33706 b

1 chamber and ignited by pressure without electric spark.

2   (c) A tax is imposed upon the privilege of engaging in the

3 business of selling motor fuel as a retailer or reseller on all

4 motor fuel used in motor vehicles operating on the public

5 highways and recreational type watercraft operating upon the

6 waters of this State: (1) at the rate of 3 cents per gallon on

7 motor fuel owned or possessed by such retailer or reseller at

8 12:01 a.m. on August 1, 1989; and (2) at the rate of 3 cents

9 per gallon on motor fuel owned or possessed by such retailer or

10 reseller at 12:01 A.M. on January 1, 1990.

11  Retailers and resellers who are subject to this additional

12 tax shall be required to inventory such motor fuel and pay this

13 additional tax in a manner prescribed by the Department of

14 Revenue.

15  The tax imposed in this paragraph (c) shall be in addition

16 to all other taxes imposed by the State of Illinois or any unit

17 of local government in this State.

18  (d) Except as provided in Section 2a, the collection of a

19 tax based on gallonage of gasoline used for the propulsion of

20 any aircraft is prohibited on and after October 1, 1979, and

21 the collection of a tax based on gallonage of special fuel used

22 for the propulsion of any aircraft is prohibited on and after

23 December 1, 2019.

24  (e) The collection of a tax, based on gallonage of all

25 products commonly or commercially known or sold as 1-K

26 kerosene, regardless of its classification or uses, is
    SB3019 Enrolled              - 53 - LRB104 20255 HLH 33706 b

1 prohibited (i) on and after July 1, 1992 until December 31,

2 1999, except when the 1-K kerosene is either: (1) delivered

3 into bulk storage facilities of a bulk user, or (2) delivered

4 directly into the fuel supply tanks of motor vehicles and (ii)

5 on and after January 1, 2000. Beginning on January 1, 2000, the

6 collection of a tax, based on gallonage of all products

7 commonly or commercially known or sold as 1-K kerosene,

8 regardless of its classification or uses, is prohibited except

9 when the 1-K kerosene is delivered directly into a storage

10 tank that is located at a facility that has withdrawal

11 facilities that are readily accessible to and are capable of

12 dispensing 1-K kerosene into the fuel supply tanks of motor

13 vehicles. For purposes of this subsection (e), a facility is

14 considered to have withdrawal facilities that are not "readily

15 accessible to and capable of dispensing 1-K kerosene into the

16 fuel supply tanks of motor vehicles" only if the 1-K kerosene

17 is delivered from: (i) a dispenser hose that is short enough so

18 that it will not reach the fuel supply tank of a motor vehicle

19 or (ii) a dispenser that is enclosed by a fence or other

20 physical barrier so that a vehicle cannot pull alongside the

21 dispenser to permit fueling.

22  Any person who sells or uses 1-K kerosene for use in motor

23 vehicles upon which the tax imposed by this Law has not been

24 paid shall be liable for any tax due on the sales or use of 1-K

25 kerosene.

26  As used in this Section, "Consumer Price Index" means the
    SB3019 Enrolled           - 54 - LRB104 20255 HLH 33706 b

1 index published by the Bureau of Labor Statistics of the
2 United States Department of Labor that measures the average
3 change in prices of goods and services purchased by all urban
4 consumers, United States city average, all items, 1982-84 =
5 100.
6 (Source: P.A. 102-700, eff. 4-19-22; 103-995, eff. 8-9-24.)

7                           ARTICLE 25

8   Section 25-5. The Environmental Protection Act is amended

9 by changing Section 7.5 as follows:

10  (415 ILCS 5/7.5) (from Ch. 111 1/2, par. 1007.5)

11  Sec. 7.5. Filing fees.

12  (a) The Board shall collect filing fees as prescribed in

13 this Act. The fees shall be deposited in the Pollution Control

14 Board Fund. The filing fees shall be as follows:

15  Petition for site-specific regulation, $250 $75.

16  Petition for variance, $250 $75.

17  Petition for review of permit, $250 $75.

18  Petition to contest local government decision pursuant

19  to Section 40.1, $250 $75.

20  Petition for an adjusted standard, pursuant to Section

21  28.1, $250 $75.

22  Petition for a time-limited water quality standard,

23  $250 $75 per petitioner.
    SB3019 Enrolled  - 55 - LRB104 20255 HLH 33706 b

1   On July 1, 2027 and each July 1 thereafter, the filing fees

2 charged under this subsection shall each be increased by an

3 amount equal to the annual unadjusted percentage increase in

4 the consumer price index-u for the 12 months ending with the

5 March preceding each July 1, including all previous

6 adjustments. In this subsection, "consumer price index-u"

7 means the index published by the Bureau of Labor Statistics of

8 the United States Department of Labor that measures the

9 average change in prices of goods and services purchased by

10 all urban consumers, United States city average, all items,

11 1982-84=100.

12  (b) A person who has filed a petition for a variance from a

13 water quality standard and paid the filing fee set forth in

14 subsection (a) of this Section for that petition and whose

15 variance petition is thereafter converted into a petition for

16 a time-limited water quality standard under Section 38.5 of

17 this Act shall not be required to pay a separate filing fee

18 upon the conversion of the variance petition into a petition

19 for a time-limited water quality standard.

20 (Source: P.A. 99-937, eff. 2-24-17.)

21                   ARTICLE 30

22  Section 30-5. The Illinois Coal Technology Development

23 Assistance Act is amended by changing Section 3 as follows:
    SB3019 Enrolled  - 56 - LRB104 20255 HLH 33706 b

1   (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)

2   Sec. 3. Transfers to Coal Technology Development

3 Assistance Fund.

4   (a) As soon as may be practicable after the first day of

5 each month, the Department of Revenue shall certify to the

6 Treasurer an amount equal to 1/64 of the revenue realized from

7 the tax imposed by the Electricity Excise Tax Law, Section 2 of

8 the Public Utilities Revenue Act, Section 2 of the Messages

9 Tax Act, and Section 2 of the Gas Revenue Tax Act, during the

10 preceding month. Upon receipt of the certification, the

11 Treasurer shall transfer the amount shown on such

12 certification from the General Revenue Fund to the Coal

13 Technology Development Assistance Fund, which is hereby

14 created as a special fund in the State treasury, except that no

15 transfer shall be made in any month in which the Fund has

16 reached the following balance:

17  (1) (Blank).

18  (2) (Blank).

19  (3) (Blank).

20  (4) (Blank).

21  (5) (Blank).

22  (6) Expect as otherwise provided in subsection (b),

23  during fiscal year 2006 and each fiscal year thereafter,

24  an amount equal to the sum of $10,000,000 plus additional

25  moneys deposited into the Coal Technology Development

26  Assistance Fund from the Renewable Energy Resources and
    SB3019 Enrolled        - 57 - LRB104 20255 HLH 33706 b

1   Coal Technology Development Assistance Charge under

2   Section 6.5 of the Renewable Energy, Energy Efficiency,

3   and Coal Resources Development Law of 1997.

4   (b) During fiscal years 2019 through 2022 only, the

5 Treasurer shall make no transfers from the General Revenue

6 Fund to the Coal Technology Development Assistance Fund.

7   (c) Beginning in fiscal year 2027, those amounts required

8 under this Section to be transferred by the Treasurer into the

9 Coal Technology Development Assistance Fund from the General

10 Revenue Fund shall instead be directly deposited into the Coal

11 Technology Development Assistance Fund.

12 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

13 102-16, eff. 6-17-21.)

14  Section 30-10. The Illinois Income Tax Act is amended by

15 changing Section 510 as follows:

16  (35 ILCS 5/510) (from Ch. 120, par. 5-510)

17  Sec. 510. Determination of amounts contributed. The

18 Department shall determine the total amount contributed to

19 each of the funds under this Article 5 and shall notify the

20 State Comptroller and the State Treasurer of the amounts to be

21 transferred from the General Revenue Fund to each fund, and

22 upon receipt of such notification the State Treasurer and

23 Comptroller shall transfer the amounts. Beginning on July 1,

24 2026, contribution amounts required to be transferred under
    SB3019 Enrolled  - 58 - LRB104 20255 HLH 33706 b

1 this Article 5 shall be deposited directly into the funds.
2 (Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07;
3 95-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff.
4 8-11-09.)

5   Section 30-15. The Environmental Protection Act is amended

6 by changing Section 55.8 as follows:

7   (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)

8   Sec. 55.8. Tire retailers.

9   (a) Any person selling new or used tires at retail or

10 offering new or used tires for retail sale in this State shall:

11  (1) beginning on June 20, 2003 (the effective date of

12  Public Act 93-32) and through June 30, 2026, collect from

13  retail customers a fee of $2 per new or used tire sold and

14  delivered in this State, to be paid to the Department of

15  Revenue and deposited into the Used Tire Management Fund,

16  less a collection allowance of 10 cents per tire to be

17  retained by the retail seller and a collection allowance

18  of 10 cents per tire to be retained by the Department of

19  Revenue and paid into the General Revenue Fund; the

20  collection allowance for retail sellers, however, shall be

21  allowed only if the return is filed timely and in the

22  manner required by this Title XIV and only for the amount

23  that is paid timely in accordance with this Title XIV;

24  (1.5) beginning on July 1, 2003 and through June 30,
    SB3019 Enrolled           - 59 - LRB104 20255 HLH 33706 b

1   2026, collect from retail customers an additional 50 cents

2   per new or used tire sold and delivered in this State; the

3   money collected from this fee shall be deposited into the

4   Emergency Public Health Fund;

5   (1.6) beginning on July 1, 2026, collect from retail

6   customers a fee of $2.50 per new or used tire sold and

7   delivered in this State, to be paid to the Department of

8   Revenue, less a collection allowance of $0.10 per tire to

9   be retained by the retail seller; the collection

10  allowance, however, shall be allowed only if the return is

11  filed timely and in the manner required by this Title XIV

12  and only for the amount that is paid timely in accordance

13  with this Title XIV; the money collected from this fee

14  shall be deposited as follows:

15  (i) 4% into the General Revenue Fund;

16  (ii) 75% into the Used Tire Management Fund; and

17  (iii) 21% into the Emergency Public Health Fund

18  (2) accept for recycling used tires from customers, at

19  the point of transfer, in a quantity equal to the number of

20  new tires purchased; and

21  (3) post in a conspicuous place a written notice at

22  least 8.5 by 11 inches in size that includes the universal

23  recycling symbol and the following statements: "DO NOT put

24  used tires in the trash."; "Recycle your used tires."; and

25  "State law requires us to accept used tires for recycling,

26  in exchange for new tires purchased.".
    SB3019 Enrolled  - 60 - LRB104 20255 HLH 33706 b

1   (b) A person who accepts used tires for recycling under

2 subsection (a) shall not allow the tires to accumulate for

3 periods of more than 90 days.

4   (c) The requirements of subsection (a) of this Section do

5 not apply to mail order sales nor shall the retail sale of a

6 motor vehicle be considered to be the sale of tires at retail

7 or offering of tires for retail sale. Instead of filing

8 returns, retailers of tires may remit the tire user fee to

9 their suppliers of tires if the supplier of tires is a

10 registered retailer of tires and agrees or otherwise arranges

11 to collect and remit the tire fee to the Department of Revenue,

12 notwithstanding the fact that the sale of the tire is a sale

13 for resale and not a sale at retail. A tire supplier who enters

14 into such an arrangement with a tire retailer shall be liable

15 for the tax on all tires sold to the tire retailer and must (i)

16 provide the tire retailer with a receipt that separately

17 reflects the tire tax collected from the retailer on each

18 transaction and (ii) accept used tires for recycling from the

19 retailer's customers. The tire supplier shall be entitled to

20 the collection allowance of 10 cents per tire, but only if the

21 return is filed timely and only for the amount that is paid

22 timely in accordance with this Title XIV.

23  The retailer of the tires must maintain in its books and

24 records evidence that the appropriate fee was paid to the tire

25 supplier and that the tire supplier has agreed to remit the fee

26 to the Department of Revenue for each tire sold by the
    SB3019 Enrolled     - 61 - LRB104 20255 HLH 33706 b

1 retailer. Otherwise, the tire retailer shall be directly

2 liable for the fee on all tires sold at retail. Tire retailers

3 paying the fee to their suppliers are not entitled to the

4 collection allowance of 10 cents per tire. The collection

5 allowance for suppliers, however, shall be allowed only if the

6 return is filed timely and in the manner required by this Title

7 XIV and only for the amount that is paid timely in accordance

8 with this Title XIV.

9   (d) The requirements of subsection (a) of this Section

10 shall apply exclusively to tires to be used for vehicles

11 defined in Section 1-217 of the Illinois Vehicle Code,

12 aircraft tires, special mobile equipment, and implements of

13 husbandry.

14  (e) The requirements of paragraph (1) of subsection (a) do

15 not apply to the sale of reprocessed tires. For purposes of

16 this Section, "reprocessed tire" means a used tire that has

17 been recapped, retreaded, or regrooved and that has not been

18 placed on a vehicle wheel rim.

19 (Source: P.A. 100-303, eff. 8-24-17.)

20                      ARTICLE 35

21  Section 35-5. The Hotel Operators' Occupation Tax Act is

22 amended by changing Sections 2, 3, 3-2, 3-3, and 6 as follows:

23  (35 ILCS 145/2) (from Ch. 120, par. 481b.32)
    SB3019 Enrolled            - 62 - LRB104 20255 HLH 33706 b

1   Sec. 2. Definitions. As used in this Act, unless the

2 context otherwise requires:

3   (1) "Hotel" means any building or buildings in which the

4 public may, for a consideration, obtain living quarters,

5 sleeping or housekeeping accommodations. The term includes,

6 but is not limited to, inns, motels, tourist homes or courts,

7 lodging houses, rooming houses and apartment houses, retreat

8 centers, conference centers, hunting lodges, and short-term

9 rentals.

10  (2) "Operator" means any person engaged in the business of

11 renting, leasing, or letting rooms in a hotel.

12  (3) "Occupancy" means the use or possession, or the right

13 to the use or possession, of any room or rooms in a hotel for

14 any purpose, or the right to the use or possession of the

15 furnishings or to the services and accommodations accompanying

16 the use and possession of the room or rooms.

17  (4) "Room" or "rooms" means any living quarters, sleeping

18 or housekeeping accommodations.

19  (5) "Permanent resident" means any person who occupied or

20 has the right to occupy any room or rooms, regardless of

21 whether or not it is the same room or rooms, in a hotel for at

22 least 30 consecutive days.

23  (6) "Rent" or "rental" means the consideration received

24 for occupancy, valued in money, whether received in money or

25 otherwise, including all receipts, cash, credits, and property

26 or services of any kind or nature. "Rent" or "rental" includes
    SB3019 Enrolled          - 63 - LRB104 20255 HLH 33706 b

1 any fee, charge, or commission received from a guest by a

2 re-renter of hotel rooms specifically in connection with the

3 re-rental of hotel rooms.

4   (7) "Department" means the Department of Revenue.

5   (8) "Person" means any natural individual, firm,

6 partnership, association, joint stock company, joint

7 adventure, public or private corporation, limited liability

8 company, or a receiver, executor, trustee, guardian, or other

9 representative appointed by order of any court.

10  (9) "Re-renter of hotel rooms" means a person who is not

11 employed by the hotel operator but who, either directly or

12 indirectly, through agreements or arrangements with third

13 parties, collects or processes the payment of rent for a hotel

14 room located in this State and (i) obtains the right or

15 authority to grant control of, access to, or occupancy of a

16 hotel room in this State to a guest of the hotel or (ii)

17 facilitates the booking of a hotel room located in this State.

18 A person who obtains those rights or authorities is not

19 considered a re-renter of a hotel room if the person operates

20 under a shared hotel brand with the operator.

21  (10) "Hosting platform" or "platform" means a person who

22 provides an online application, software, website, or system

23 through which a short-term rental located in this State is

24 advertised or held out to the public as available to rent for

25 occupancy. For purposes of this definition, "short-term

26 rental" means an owner-occupied, tenant-occupied, or
    SB3019 Enrolled       - 64 - LRB104 20255 HLH 33706 b

1 non-owner-occupied dwelling, including, but not limited to, an

2 apartment, house, cottage, or condominium, located in this

3 State, where: (i) at least one room in the dwelling is rented

4 to an occupant for a period of less than 30 consecutive days;

5 and (ii) all accommodations are reserved in advance; provided,

6 however, that a dwelling shall be considered a single room if

7 rented as such.

8   (11) "Shared hotel brand" means an identifying trademark

9 that a hotel operator is expressly licensed to operate under

10 in accordance with the terms of a hotel franchise or

11 management agreement.

12  (12) "Hotel marketplace" means a physical or electronic

13 place, forum, platform, application, or other method by which

14 marketplace hotel operators rent, lease, or let or offer to

15 rent, lease, or let rooms in hotels.

16  (13) "Hotel marketplace facilitator" means a person who,

17 pursuant to agreements with unrelated third-party marketplace

18 hotel operators, directly or indirectly through one or more

19 affiliates, facilitates the renting, leasing, or letting of

20 rooms in hotels by unrelated third-party marketplace hotel

21 operators by:

22  (A) listing or advertising for rent, lease, or letting

23  by marketplace hotel operators in a hotel marketplace,

24  hotel rooms, the renting, leasing, or letting of which is

25  subject to tax under this Act; and

26  (B) either directly or indirectly, through agreements
    SB3019 Enrolled          - 65 - LRB104 20255 HLH 33706 b

1   or arrangements with third parties, collecting payment

2   from customers and transmitting those payments to the

3   marketplace hotel operator regardless of whether the hotel

4   marketplace facilitator receives compensation or other

5   consideration in exchange for its services.

6   Beginning July 1, 2026, "hotel marketplace facilitator"

7 includes re-renters of hotel rooms and hosting platforms for

8 short-term rentals who otherwise meet the definition of "hotel

9 marketplace facilitator" set forth in this item (13).

10  (14) "Marketplace hotel operator" means a person who

11 rents, leases, or lets rooms in a hotel through a hotel

12 marketplace operated by an unrelated third-party hotel

13 marketplace facilitator.

14 (Source: P.A. 103-592, eff. 7-1-24; 104-6, eff. 7-1-25;

15 104-417, eff. 8-15-25.)

16  (35 ILCS 145/3) (from Ch. 120, par. 481b.33)

17  Sec. 3. Rate; exemptions.

18  (a) A tax is imposed upon hotel operators at the rate of 5%

19 of 94% of the gross rental receipts from engaging in business

20 as a hotel operator, excluding, however, from gross rental

21 receipts, the proceeds of renting, leasing or letting hotel

22 rooms to permanent residents of a hotel and proceeds from the

23 tax imposed under subsection (c) of Section 13 of the

24 Metropolitan Pier and Exposition Authority Act.

25  (b) There shall be imposed an additional tax upon hotel
    SB3019 Enrolled  - 66 - LRB104 20255 HLH 33706 b

1 operators at the rate of 1% of 94% of the gross rental receipts

2 received by the hotel operator from engaging in business as a

3 hotel operator, excluding, however, from gross rental

4 receipts, the proceeds of such renting, leasing or letting to

5 permanent residents of that hotel and proceeds from the tax

6 imposed under subsection (c) of Section 13 of the Metropolitan

7 Pier and Exposition Authority Act.

8   (b-5) Beginning on July 1, 2024 and through June 30, 2026,

9 if the renting, leasing, or letting of a hotel room is done

10 through a re-renter of hotel rooms, then, subject to the

11 provisions of Sections 3-2 and 3-3, the re-renter is the hotel

12 operator for the purposes of the taxes under subsections (a)

13 and (b). If the re-renter is headquartered outside of this

14 State and has no presence in this State other than its business

15 as a re-renter, conducted remotely, then, subject to the

16 provisions of Sections 3-2 and 3-3, such re-renter is the

17 hotel operator for the purposes of the taxes under subsections

18 (a) and (b) if it meets one of the following thresholds:

19  (1) the cumulative gross receipts from rentals in

20  Illinois by the re-renter of hotel rooms are $100,000 or

21  more; or

22  (2) the re-renter of hotel rooms cumulatively enters

23  into 200 or more separate transactions for rentals in

24  Illinois.

25  A re-renter of hotel rooms who is headquartered outside of

26 this State and has no presence in this State other than its
SB3019 Enrolled  - 67 - LRB104 20255 HLH 33706 b

 1 business as a re-renter, conducted remotely, shall determine
 2 on a quarterly basis, ending on the last day of March, June,
 3 September, and December, whether he or she meets the threshold
 4 of either paragraph (1) or (2) of this subsection (b-5) for the
 5 preceding 12-month period. If such re-renter of hotel rooms
 6 meets the threshold of either paragraph (1) or (2) for a
 7 12-month period, he or she is subject to tax under this Act and
 8 is required to remit the tax imposed under this Act and file
 9 returns for the 12-month period beginning on the first day of
10 the next month after he or she determines that he or she meets
11 the threshold of paragraph (1) or (2). At the end of that
12 12-month period, such re-renter of hotel rooms shall determine
13 whether he or she continued to meet the threshold of either
14 paragraph (1) or (2) during the preceding 12-month period. If
15 he or she met the threshold in either paragraph (1) or (2) for
16 the preceding 12-month period, he or she is a hotel operator in
17 this State and is required to remit the tax imposed under this
18 Act and file returns for the subsequent 12-month period. If,
19 at the end of a 12-month period during which such re-renter is
20 required to remit the tax imposed under this Act, the
21 re-renter determines that he or she did not meet the threshold
22 in either paragraph (1) or (2) during the preceding 12-month
23 period, he or she shall subsequently determine on a quarterly
24 basis, ending on the last day of March, June, September, and
25 December, whether he or she meets the threshold of either
26 paragraph (1) or (2) for the preceding 12-month period.
    SB3019 Enrolled           - 68 - LRB104 20255 HLH 33706 b

1   (b-10) Beginning July 1, 2026, if the renting, leasing, or

2 letting of a hotel room is done through a hotel marketplace

3 facilitator that has met the tax remittance threshold under

4 this subsection (b-10), then the hotel marketplace facilitator

5 is the hotel operator for the purposes of the taxes under this

6 Act. A hotel marketplace facilitator is engaged in the

7 business of renting, leasing, or letting rooms in a hotel in

8 Illinois and meets the tax remittance threshold for purposes

9 of this Act if, during the previous 12-month period, the

10 cumulative gross rental receipts from renting, leasing, or

11 letting rooms in Illinois hotels on its own behalf or on behalf

12 of marketplace hotel operators to guests equals $100,000 or

13 more.

14  A hotel marketplace facilitator that meets the tax

15 remittance threshold of this subsection is required to remit

16 the applicable State hotel operators' occupation taxes under

17 this Act and local hotel operators' occupation taxes

18 administered by the Department on all rentals, leases, or

19 lettings of Illinois hotel rooms made by the hotel marketplace

20 facilitator or facilitated for marketplace hotel operators to

21 guests. A hotel marketplace facilitator who meets the tax

22 remittance threshold and rents, leases, or lets Illinois hotel

23 rooms to guests is subject to all applicable procedures and

24 requirements of this Act.

25  A hotel marketplace facilitator shall determine on a

26 quarterly basis, ending on the last day of March, June,
    SB3019 Enrolled  - 69 - LRB104 20255 HLH 33706 b

1 September, and December, whether it meets the tax remittance

2 threshold in this subsection (b-10) for the preceding 12-month

3 period. If the hotel marketplace facilitator meets the tax

4 remittance threshold for a 12-month period, then it is subject

5 to tax under this Act and is required to remit the tax imposed

6 under this Act and all hotel operators' occupation tax imposed

7 by local taxing jurisdictions in Illinois, provided that those

8 local taxes are administered by the Department, and to file

9 all applicable returns for one year. At the end of that

10 one-year period, the hotel marketplace facilitator shall

11 determine whether it met the tax remittance threshold for the

12 preceding 12-month period. If the hotel marketplace

13 facilitator met the tax remittance threshold for the preceding

14 12-month period, then it is subject to the tax under this Act

15 and is required to continue to collect and remit all

16 applicable State and local hotel operators' occupation taxes

17 and file returns for the subsequent year. If, at the end of a

18 one-year period, a hotel marketplace facilitator that was

19 required to collect and remit the tax imposed under this Act

20 determines that it did not meet the tax remittance threshold

21 during the preceding 12-month period, then the hotel

22 marketplace facilitator shall subsequently determine on a

23 quarterly basis, ending on the last day of March, June,

24 September, and December, whether it meets the tax remittance

25 threshold for the preceding 12-month period.

26  A hotel marketplace facilitator shall be entitled to any
    SB3019 Enrolled  - 70 - LRB104 20255 HLH 33706 b

1 credits, deductions, or adjustments to rental receipts

2 otherwise provided to the marketplace hotel operator, in

3 addition to any such adjustments provided directly to the

4 hotel marketplace facilitator. This includes, but is not

5 limited to, adjustments such as discounts, coupons, and

6 rebates. In addition, a hotel marketplace facilitator is

7 entitled to the discount provided in Section 6 of this Act on

8 all hotel marketplace rentals, leases, or lettings, and the

9 marketplace hotel operator shall not include rentals, leases,

10 or lettings made through a hotel marketplace facilitator when

11 computing any discount on remaining rentals, leases, or

12 lettings. Hotel marketplace facilitators shall report and

13 remit the applicable State and local hotel operators'

14 occupation taxes on leases, rentals, or lettings facilitated

15 for marketplace hotel operators separately from any hotel

16 operators' occupation tax on taxable rentals, leases, or

17 lettings made directly by the hotel marketplace facilitator or

18 its affiliates.

19  The hotel marketplace facilitator is liable for the

20 remittance of all applicable State hotel operators' occupation

21 taxes under this Act and local hotel operators' occupation

22 taxes administered by the Department on rentals, leases, or

23 lettings through the hotel marketplace and is subject to audit

24 on all of those rentals, leases, or lettings. The Department

25 shall not audit marketplace hotel operators for their

26 marketplace rentals, leases, or lettings if the hotel
    SB3019 Enrolled  - 71 - LRB104 20255 HLH 33706 b

1 marketplace facilitator remitted the applicable State and

2 local hotel operators' occupation taxes unless the hotel

3 marketplace facilitator seeks relief as a result of incorrect

4 information provided to the hotel marketplace facilitator by a

5 marketplace hotel operator as set forth in this Section. The

6 hotel marketplace facilitator shall not be held liable for tax

7 on any rentals, leases, or lettings made by a marketplace

8 hotel operator that take place outside of the hotel

9 marketplace and that are not a part of any agreement between a

10 hotel marketplace facilitator and a marketplace hotel

11 operator. In addition, hotel marketplace facilitators shall

12 not be held liable to State and local governments of Illinois

13 for having charged and remitted an incorrect amount of State

14 and local hotel operators' occupation tax if, at the time of

15 the rentals, leases, or lettings, the tax is computed based on

16 erroneous data provided by the State on tax rates, boundaries,

17 or taxing jurisdictions or incorrect information provided to

18 the hotel marketplace facilitator by the marketplace hotel

19 operator.

20  (b-15) A hotel marketplace facilitator shall:

21  (1) provide notice to each marketplace hotel operator

22  at the time of the agreement between the hotel marketplace

23  facilitator and marketplace hotel operator that the hotel

24  marketplace facilitator assumes the rights and duties of a

25  hotel operator under this Act with respect to rentals,

26  leases, or lettings made by the marketplace hotel operator
    SB3019 Enrolled          - 72 - LRB104 20255 HLH 33706 b

1   through the hotel marketplace;

2        (2) certify, upon request, to the marketplace hotel

3   operator that the hotel marketplace facilitator assumes

4   the rights and duties of a hotel operator under this Act

5   with respect to rentals, leases, or lettings made by the

6   marketplace hotel operator through the hotel marketplace;

7   and

8        (3) remit taxes imposed by this Act as required by

9   this Act for all rentals, leases, and lettings made

10  through the hotel marketplace.

11  (b-20) For any rentals, leases, and lettings made through

12 a hotel marketplace involving 2 or more parties that meet the

13 definition of hotel marketplace facilitator, nothing in this

14 Section shall prohibit those parties from making an agreement

15 regarding which party shall be responsible for collecting and

16 remitting taxes imposed by this Act, so long as the party so

17 responsible is registered with the State for purposes of

18 remitting the taxes imposed by this Act. If the parties enter

19 into an agreement described in this subsection, the party that

20 agrees to collect and remit the taxes imposed by this Act shall

21 be the sole party liable for the taxes imposed by this Act, and

22 the other parties to the agreement are not liable for the tax.

23 Any party subject to such an agreement must keep a copy of the

24 agreement in its books and records and provide a copy to the

25 Department upon request.

26  (b-25) A marketplace hotel operator shall retain books and
    SB3019 Enrolled             - 73 - LRB104 20255 HLH 33706 b

1 records, including certificates provided by the hotel

2 marketplace facilitator under paragraph (2) of subsection

3 (b-15), for all rentals, leases, and lettings made through a

4 hotel marketplace in accordance with the requirements of this

5 Act.

6   (b-30) A hotel marketplace facilitator is subject to audit

7 on all hotel marketplace rentals, leases, and lettings for

8 which it is the hotel operator but shall not be liable for tax

9 or subject to audit on rentals, leases, or lettings made by

10 marketplace hotel operators outside of the hotel marketplace.

11  (b-35) Nothing in this Section shall allow the Department

12 to collect hotel operators' occupation taxes from both the

13 hotel marketplace facilitator and marketplace hotel operator

14 on the same transaction.

15  (c) No funds received pursuant to this Act shall be used to

16 advertise for or otherwise promote new competition in the

17 hotel business.

18  (d) However, such tax is not imposed upon the privilege of

19 engaging in any business in Interstate Commerce or otherwise,

20 which business may not, under the Constitution and Statutes of

21 the United States, be made the subject of taxation by this

22 State. In addition, the tax is not imposed upon gross rental

23 receipts for which the hotel operator is prohibited from

24 obtaining reimbursement for the tax from the customer by

25 reason of a federal treaty.

26  (d-5) On and after July 1, 2017, the tax imposed by this
    SB3019 Enrolled             - 74 - LRB104 20255 HLH 33706 b

1 Act shall not apply to gross rental receipts received by an

2 entity that is organized and operated exclusively for

3 religious purposes and possesses an active Exemption

4 Identification Number issued by the Department pursuant to the

5 Retailers' Occupation Tax Act when acting as a hotel operator

6 renting, leasing, or letting rooms:

7   (1) in furtherance of the purposes for which it is

8   organized; or

9   (2) to entities that (i) are organized and operated

10  exclusively for religious purposes, (ii) possess an active

11  Exemption Identification Number issued by the Department

12  pursuant to the Retailers' Occupation Tax Act, and (iii)

13  rent the rooms in furtherance of the purposes for which

14  they are organized.

15  No gross rental receipts are exempt under paragraph (2) of

16 this subsection (d-5) unless the hotel operator obtains the

17 active Exemption Identification Number from the exclusively

18 religious entity to whom it is renting and maintains that

19 number in its books and records. Gross rental receipts from

20 all rentals other than those described in items (1) or (2) of

21 this subsection (d-5) are subject to the tax imposed by this

22 Act unless otherwise exempt under this Act.

23  This subsection (d-5) is exempt from the sunset provisions

24 of Section 3-5 of this Act.

25  (d-10) On and after July 1, 2023, the tax imposed by this

26 Act shall not apply to gross rental receipts received from the
    SB3019 Enrolled          - 75 - LRB104 20255 HLH 33706 b

1 renting, leasing, or letting of rooms to an entity that is

2 organized and operated exclusively by an organization

3 chartered by the United States Congress for the purpose of

4 providing disaster relief and that possesses an active

5 Exemption Identification Number issued by the Department

6 pursuant to the Retailers' Occupation Tax Act if the renting,

7 leasing, or letting of the rooms is in furtherance of the

8 purposes for which the exempt organization is organized. This

9 subsection (d-10) is exempt from the sunset provisions of

10 Section 3-5 of this Act.

11  (e) Persons subject to the tax imposed by this Act may

12 reimburse themselves for their tax liability under this Act by

13 separately stating such tax as an additional charge, which

14 charge may be stated in combination, in a single amount, with

15 any tax imposed pursuant to Sections 8-3-13 and 8-3-14 of the

16 Illinois Municipal Code, and Section 25.05-10 of "An Act to

17 revise the law in relation to counties".

18  (f) If any hotel operator collects an amount (however

19 designated) which purports to reimburse such operator for

20 hotel operators' occupation tax liability measured by receipts

21 which are not subject to hotel operators' occupation tax, or

22 if any hotel operator, in collecting an amount (however

23 designated) which purports to reimburse such operator for

24 hotel operators' occupation tax liability measured by receipts

25 which are subject to tax under this Act, collects more from the

26 guest or, until July 1, 2026, from the re-renter than the
   SB3019 Enrolled    - 76 - LRB104 20255 HLH 33706 b

1 operators' hotel operators' occupation tax liability in the
2 transaction is, the guest or re-renter, as applicable, shall
3 have a legal right to claim a refund of such amount from such
4 operator. However, if such amount is not refunded to the guest
5 or re-renter, as applicable, for any reason, the hotel
6 operator is liable to pay such amount to the Department.
7 (Source: P.A. 103-9, eff. 6-7-23; 103-592, eff. 7-1-24.)

8  (35 ILCS 145/3-2)

9  Sec. 3-2. No resale exemption for transactions prior to

10 July 1, 2026; hotel marketplace facilitators subject to tax

11 beginning July 1, 2026 tax incurred by re-renters of hotel

12 rooms. Until July 1, 2026, a A hotel operator who rents,

13 leases, or lets rooms subject to tax under this Act through to

14 a re-renter of hotel rooms incurs the tax under this Act on the

15 gross rental receipts it receives from that re-renter of hotel

16 rooms and cannot claim any resale exemption. In such

17 situations, the re-renter of hotel rooms incurs tax under this

18 Act on its gross rental receipts as provided in Section 3 of

19 this Act, subject to a credit as provided in Section 3-3 for

20 any reimbursement of tax paid to the hotel operator under

21 subsection (e) of Section 3 of this Act. Beginning July 1,

22 2026, a hotel operator who rents, leases, or lets rooms

23 subject to tax under this Act through a re-renter of hotel

24 rooms, a hosting platform for short-term rentals, or through

25 any other person who meets the definition of a hotel
    SB3019 Enrolled    - 77 - LRB104 20255 HLH 33706 b

1 marketplace facilitator and who meets the tax remittance
2 threshold under this Act does not incur the tax under this Act.
3 Instead, the hotel marketplace facilitator incurs the tax
4 under this Act in accordance with the provisions of Section 3.
5 (Source: P.A. 103-592, eff. 7-1-24.)

6   (35 ILCS 145/3-3)

7   Sec. 3-3. Re-renter of hotel rooms; credit for tax

8 reimbursement. For transactions prior to July 1, 2026, a A

9 re-renter of hotel rooms may take a credit against the tax it

10 incurs on the rental of a hotel room under this Act for the

11 amount it paid under subsection (e) of Section 3 of this Act to

12 a hotel operator as reimbursement for the tax incurred under

13 this Act for the rental of that room for the purposes of

14 re-rental.

15 (Source: P.A. 103-592, eff. 7-1-24.)

16  (35 ILCS 145/6) (from Ch. 120, par. 481b.36)

17  Sec. 6. Returns; allocation of proceeds.

18  (a) Except as provided hereinafter in this Section, on or

19 before the last day of each calendar month, every person

20 engaged as a hotel operator in this State during the preceding

21 calendar month shall file a return with the Department,

22 stating:

23  1. the name of the operator;

24  2. the operator's his residence address and the
    SB3019 Enrolled  - 78 - LRB104 20255 HLH 33706 b

1   address of the operator's his principal place of business

2   and the address of the principal place of business (if

3   that is a different address) from which he engages in

4   business as a hotel operator in this State (including, if

5   required by the Department, the address of each hotel from

6   which rental receipts were received);

7   3. total amount of rental receipts received by the

8   operator him during the preceding calendar month from

9   engaging in business as a hotel operator during such

10  preceding calendar month;

11  4. total amount of rental receipts received by the

12  operator him during the preceding calendar month from

13  renting, leasing or letting rooms to permanent residents

14  during such preceding calendar month;

15  5. total amount of other exclusions from gross rental

16  receipts allowed by this Act;

17  6. gross rental receipts which were received by the

18  operator him during the preceding calendar month and upon

19  the basis of which the tax is imposed;

20  7. the amount of tax due;

21  8. for transactions prior to July 1, 2026, credit for

22  any reimbursement of tax paid by a re-renter of hotel

23  rooms to hotel operators for rentals purchased for

24  re-rental, as provided in Section 3-3 of this Act;

25  9. such other reasonable information as the Department

26  may require.
    SB3019 Enrolled  - 79 - LRB104 20255 HLH 33706 b

1   If the operator's average monthly tax liability to the

2 Department does not exceed $200, the Department may authorize

3 the operator's his returns to be filed on a quarter annual

4 basis, with the return for January, February and March of a

5 given year being due by April 30 of such year; with the return

6 for April, May and June of a given year being due by July 31 of

7 such year; with the return for July, August and September of a

8 given year being due by October 31 of such year, and with the

9 return for October, November and December of a given year

10 being due by January 31 of the following year.

11  If the operator's average monthly tax liability to the

12 Department does not exceed $50, the Department may authorize

13 the operator's his returns to be filed on an annual basis, with

14 the return for a given year being due by January 31 of the

15 following 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 concerning

20 the time within which an operator may file the operator's his

21 return, in the case of any operator who ceases to engage in a

22 kind of business which makes the operator him responsible for

23 filing returns under this Act, such operator shall file a

24 final return under this Act with the Department not more than

25 one month after discontinuing such business.

26  Where the same person has more than one business
    SB3019 Enrolled        - 80 - LRB104 20255 HLH 33706 b

1 registered with the Department under separate registrations

2 under this Act, such person shall not file each return that is

3 due as a single return covering all such registered

4 businesses, but shall file separate returns for each such

5 registered business.

6   In the operator's his return, the operator shall determine

7 the value of any consideration other than money received by

8 the operator him in connection with engaging in business as a

9 hotel operator and the operator he shall include such value in

10 the operator's his return. Such determination shall be subject

11 to review and revision by the Department in the manner

12 hereinafter provided for the correction of returns.

13  Where the operator is a corporation, the return filed on

14 behalf of such corporation shall be signed by the president,

15 vice-president, secretary or treasurer or by the properly

16 accredited agent of such corporation.

17  The person filing the return herein provided for shall, at

18 the time of filing such return, pay to the Department the

19 amount of tax herein imposed. The operator filing the return

20 under this Section shall, at the time of filing such return,

21 pay to the Department the amount of tax imposed by this Act

22 less a discount of 2.1% or $25 per calendar year, whichever is

23 greater, which is allowed to reimburse the operator for the

24 expenses incurred in keeping records, preparing and filing

25 returns, remitting the tax and supplying data to the

26 Department on request.
    SB3019 Enrolled  - 81 - LRB104 20255 HLH 33706 b

1   If any payment provided for in this Section exceeds the

2 operator's liabilities under this Act, as shown on an original

3 return, the Department may authorize the operator to credit

4 such excess payment against liability subsequently to be

5 remitted to the Department under this Act, in accordance with

6 reasonable rules adopted by the Department. If the Department

7 subsequently determines that all or any part of the credit

8 taken was not actually due to the operator, the operator's

9 discount shall be reduced by an amount equal to the difference

10 between the discount as applied to the credit taken and that

11 actually due, and that operator shall be liable for penalties

12 and interest on such difference.

13  (b) Until July 1, 2024, the Department shall deposit the

14 total net revenue realized from the tax imposed under this Act

15 as provided in this subsection (b). Beginning on July 1, 2024,

16 the Department shall deposit the total net revenue realized

17 from the tax imposed under this Act as provided in subsection

18 (c).

19  There shall be deposited into the Build Illinois Fund in

20 the State treasury for each State fiscal year 40% of the amount

21 of total net revenue from the tax imposed by subsection (a) of

22 Section 3. Of the remaining 60%: (i) $5,000,000 shall be

23 deposited into the Illinois Sports Facilities Fund and

24 credited to the Subsidy Account each fiscal year by making

25 monthly deposits in the amount of 1/8 of $5,000,000 plus

26 cumulative deficiencies in such deposits for prior months, and
    SB3019 Enrolled  - 82 - LRB104 20255 HLH 33706 b

1 (ii) an amount equal to the then applicable Advance Amount, as

2 defined in subsection (d), shall be deposited into the

3 Illinois Sports Facilities Fund and credited to the Advance

4 Account each fiscal year by making monthly deposits in the

5 amount of 1/8 of the then applicable Advance Amount plus any

6 cumulative deficiencies in such deposits for prior months.

7 (The deposits of the then applicable Advance Amount during

8 each fiscal year shall be treated as advances of funds to the

9 Illinois Sports Facilities Authority for its corporate

10 purposes to the extent paid to the Authority or its trustee and

11 shall be repaid into the General Revenue Fund in the State

12 treasury by the State Treasurer on behalf of the Authority

13 pursuant to Section 19 of the Illinois Sports Facilities

14 Authority Act, as amended. If in any fiscal year the full

15 amount of the then applicable Advance Amount is not repaid

16 into the General Revenue Fund, then the deficiency shall be

17 paid from the amount in the Local Government Distributive Fund

18 that would otherwise be allocated to the City of Chicago under

19 the State Revenue Sharing Act.)

20  Of the remaining 60% of the amount of total net revenue

21 beginning on August 1, 2011 through June 30, 2023, from the tax

22 imposed by subsection (a) of Section 3 after all required

23 deposits into the Illinois Sports Facilities Fund, an amount

24 equal to 8% of the net revenue realized from this Act during

25 the preceding month shall be deposited as follows: 18% of such

26 amount shall be deposited into the Chicago Travel Industry
    SB3019 Enrolled  - 83 - LRB104 20255 HLH 33706 b

1 Promotion Fund for the purposes described in subsection (n) of

2 Section 5 of the Metropolitan Pier and Exposition Authority

3 Act and the remaining 82% of such amount shall be deposited

4 into the Local Tourism Fund each month for purposes authorized

5 by Section 605-705 of the Department of Commerce and Economic

6 Opportunity Law. Beginning on August 1, 2011 and through June

7 30, 2023, an amount equal to 4.5% of the net revenue realized

8 from this Act during the preceding month shall be deposited as

9 follows: 55% of such amount shall be deposited into the

10 Chicago Travel Industry Promotion Fund for the purposes

11 described in subsection (n) of Section 5 of the Metropolitan

12 Pier and Exposition Authority Act and the remaining 45% of

13 such amount deposited into the International Tourism Fund for

14 the purposes authorized in Section 605-707 of the Department

15 of Commerce and Economic Opportunity Law.

16  Beginning on July 1, 2023 and until July 1, 2024, of the

17 remaining 60% of the amount of total net revenue realized from

18 the tax imposed under subsection (a) of Section 3, after all

19 required deposits into the Illinois Sports Facilities Fund:

20  (1) an amount equal to 8% of the net revenue realized

21  under this Act for the preceding month shall be deposited

22  as follows: 82% to the Local Tourism Fund and 18% to the

23  Chicago Travel Industry Promotion Fund; and

24  (2) an amount equal to 4.5% of the net revenue

25  realized under this Act for the preceding month shall be

26  deposited as follows: 55% to the Chicago Travel Industry
    SB3019 Enrolled      - 84 - LRB104 20255 HLH 33706 b

1   Promotion Fund and 45% to the International Tourism Fund.

2   After making all these deposits, any remaining net revenue

3 realized from the tax imposed under subsection (a) of Section

4 3 shall be deposited into the Tourism Promotion Fund in the

5 State treasury. All moneys received by the Department from the

6 additional tax imposed under subsection (b) of Section 3 shall

7 be deposited into the Build Illinois Fund in the State

8 treasury.

9   (c) Beginning on July 1, 2024, the total net revenue

10 realized from the tax imposed under this Act for the preceding

11 month shall be deposited each month as follows:

12  (1) 50% shall be deposited into the Build Illinois

13  Fund; and

14  (2) the remaining 50% shall be deposited in the

15  following order of priority:

16           (A) First:

17                   (i) $5,000,000 shall be deposited into the

18           Illinois Sports Facilities Fund and credited to

19           the Subsidy Account each fiscal year by making

20           monthly deposits in the amount of one-eighth of

21           $5,000,000 plus cumulative deficiencies in those

22           deposits for prior months; and

23                   (ii) an amount equal to the then applicable

24           Advance Amount, as defined in subsection (d),

25           shall be deposited into the Illinois Sports

26           Facilities Fund and credited to the Advance
    SB3019 Enrolled  - 85 - LRB104 20255 HLH 33706 b

1   Account each fiscal year by making monthly

2   deposits in the amount of one-eighth of the then

3   applicable Advance Amount plus any cumulative

4   deficiencies in such deposits for prior months;

5   the deposits of the then applicable Advance Amount

6   during each fiscal year shall be treated as

7   advances of funds to the Illinois Sports

8   Facilities Authority for its corporate purposes to

9   the extent paid to the Illinois Sports Facilities

10  Authority or its trustee and shall be repaid into

11  the General Revenue Fund in the State treasury by

12  the State Treasurer on behalf of the Authority

13  pursuant to Section 19 of the Illinois Sports

14  Facilities Authority Act; if, in any fiscal year,

15  the full amount of the Advance Amount is not

16  repaid into the General Revenue Fund, then the

17  deficiency shall be paid from the amount in the

18  Local Government Distributive Fund that would

19  otherwise be allocated to the City of Chicago

20  under the State Revenue Sharing Act; and

21  (B) after all required deposits into the Illinois

22  Sports Facilities Fund under paragraph (A) have been

23  made each month, the remainder shall be deposited as

24  follows:

25                   (i) 56% into the Tourism Promotion Fund;

26                   (ii) 23% into the Local Tourism Fund;
    SB3019 Enrolled  - 86 - LRB104 20255 HLH 33706 b

1                    (iii) 14% into the Chicago Travel Industry

2   Promotion Fund; and

3                    (iv) 7% into the International Tourism Fund.

4   (d) As used in subsections (b) and (c):

5   "Advance Amount" means, for fiscal year 2002, $22,179,000,

6 and for subsequent fiscal years through fiscal year 2033,

7 105.615% of the Advance Amount for the immediately preceding

8 fiscal year, rounded up to the nearest $1,000.

9   "Net revenue realized" means the revenue collected by the

10 State under this Act less the amount paid out as refunds to

11 taxpayers for overpayment of liability under this Act.

12  (e) The Department may, upon separate written notice to a

13 taxpayer, require the taxpayer to prepare and file with the

14 Department on a form prescribed by the Department within not

15 less than 60 days after receipt of the notice an annual

16 information return for the tax year specified in the notice.

17 Such annual return to the Department shall include a statement

18 of gross receipts as shown by the operator's last State income

19 tax return. If the total receipts of the business as reported

20 in the State income tax return do not agree with the gross

21 receipts reported to the Department for the same period, the

22 operator shall attach to the operator's his annual information

23 return a schedule showing a reconciliation of the 2 amounts

24 and the reasons for the difference. The operator's annual

25 information return to the Department shall also disclose

26 payroll information of the operator's business during the year
    SB3019 Enrolled  - 87 - LRB104 20255 HLH 33706 b

1 covered by such return and any additional reasonable

2 information which the Department deems would be helpful in

3 determining the accuracy of the monthly, quarterly or annual

4 tax returns by such operator as hereinbefore provided for in

5 this Section.

6   If the annual information return required by this Section

7 is not filed when and as required the taxpayer shall be liable

8 for a penalty in an amount determined in accordance with

9 Section 3-4 of the Uniform Penalty and Interest Act until such

10 return is filed as required, the penalty to be assessed and

11 collected in the same manner as any other penalty provided for

12 in this Act.

13  The chief executive officer, proprietor, owner or highest

14 ranking manager shall sign the annual return to certify the

15 accuracy of the information contained therein. Any person who

16 willfully signs the annual return containing false or

17 inaccurate information shall be guilty of perjury and punished

18 accordingly. The annual return form prescribed by the

19 Department shall include a warning that the person signing the

20 return may be liable for perjury.

21  The foregoing portion of this Section concerning the

22 filing of an annual information return shall not apply to an

23 operator who is not required to file an income tax return with

24 the United States Government.

25 (Source: P.A. 103-8, eff. 6-7-23; 103-592, eff. 7-1-24;

26 103-642, eff. 7-1-24; 104-417, eff. 8-15-25.)
   SB3019 Enrolled  - 88 - LRB104 20255 HLH 33706 b

1                   ARTICLE 50

2  Section 50-5. The Senior Citizens Real Estate Tax Deferral

3 Act is amended by changing Section 3 as follows:

4  (320 ILCS 30/3) (from Ch. 67 1/2, par. 453)

5  Sec. 3. A taxpayer may, on or before March 1 of each year,

6 apply to the county collector of the county where his

7 qualifying property is located, or to the official designated

8 by a unit of local government to collect special assessments

9 on the qualifying property, as the case may be, for a deferral

10 of all or a part of real estate taxes payable during that year

11 for the preceding year in the case of real estate taxes other

12 than special assessments, or for a deferral of any

13 installments payable during that year in the case of special

14 assessments, on all or part of his qualifying property. The

15 application shall be on a form prescribed by the Department

16 and furnished by the collector, (a) showing that the applicant

17 will be 65 years of age or older by June 1 of the year for

18 which a tax deferral is claimed, (b) describing the property

19 and verifying that the property is qualifying property as

20 defined in Section 2, (c) certifying that the taxpayer has

21 owned and occupied as his residence such property or other

22 qualifying property in the State for at least the last 3 years

23 except for any periods during which the taxpayer may have
    SB3019 Enrolled  - 89 - LRB104 20255 HLH 33706 b

1 temporarily resided in a nursing or sheltered care home, and

2 (d) specifying whether the deferral is for all or a part of the

3 taxes, and, if for a part, the amount of deferral applied for.

4 As to qualifying property not having a separate assessed

5 valuation, the taxpayer shall also file with the county

6 collector a written appraisal of the property prepared by a

7 qualified real estate appraiser together with a certificate

8 signed by the appraiser stating that he has personally

9 examined the property and setting forth the value of the land

10 and the value of the buildings thereon occupied by the

11 taxpayer as his residence. The county collector may use

12 eligibility for the Low-Income Senior Citizens Assessment

13 Freeze Homestead Exemption under Section 15-172 of the

14 Property Tax Code as qualification for items (a) and (c).

15  The collector shall grant the tax deferral provided such

16 deferral does not exceed funds available in the Senior

17 Citizens Real Estate Deferred Tax Revolving Fund and provided

18 that the owner or owners of such real property have entered

19 into a tax deferral and recovery agreement with the collector

20 on behalf of the county or other unit of local government,

21 which agreement expressly states:

22  (1) That the total amount of taxes deferred under this

23  Act, plus interest, for the year for which a tax deferral

24  is claimed as well as for those previous years for which

25  taxes are not delinquent and for which such deferral has

26  been claimed may not exceed 80% of the taxpayer's equity
    SB3019 Enrolled  - 90 - LRB104 20255 HLH 33706 b

1   interest in the property for which taxes are to be

2   deferred and that, if the total deferred taxes plus

3   interest equals 80% of the taxpayer's equity interest in

4   the property, the taxpayer shall thereafter pay the annual

5   interest due on such deferred taxes plus interest so that

6   total deferred taxes plus interest will not exceed such

7   80% of the taxpayer's equity interest in the property.

8   Effective as of the January 1, 2011 assessment year or tax

9   year 2012 and through the 2021 tax year, the total amount

10  of any such deferral shall not exceed $5,000 per taxpayer

11  in each tax year. For the 2022 tax year and every tax year

12  thereafter after, the total amount of any such deferral

13  shall not exceed $7,500 per taxpayer in each tax year.

14  (2) That any real estate taxes deferred under this Act

15  and taxes paid by the Department of Revenue under this Act

16  and any interest accrued thereon are a lien on the real

17  estate and improvements thereon until paid and that the

18  real estate taxes deferred under this Act and taxes paid

19  by the Department of Revenue under this Act, together with

20  all interest and costs that may accrue on those amounts,

21  shall be a prior and first lien on the property, superior

22  to all other liens and encumbrances, until the deferred

23  taxes and taxes paid by the Department of Revenue,

24  interest, and costs are paid in accordance with this Act.

25  If the taxes deferred are for a tax year prior to 2023,

26  then interest shall accrue at the rate of 6% per year. If
    SB3019 Enrolled    - 91 - LRB104 20255 HLH 33706 b

1   the taxes deferred are for the 2023 tax year or any tax

2   year thereafter, then interest shall accrue at the rate of

3   3% per year. No sale or transfer of such real property may

4   be legally closed and recorded until the taxes which would

5   otherwise have been due on the property, plus accrued

6   interest, have been paid unless the collector certifies in

7   writing that an arrangement for prompt payment of the

8   amount due has been made with his office. The same shall

9   apply if the property is to be made the subject of a

10  contract of sale.

11  (3) That, upon the death of the taxpayer claiming the

12  deferral, the heirs-at-law, assignees, or legatees shall

13  have first priority to the real property upon which taxes

14  have been deferred by paying in full the total taxes which

15  would otherwise have been due, plus interest. However, if

16  such heir-at-law, assignee, or legatee is a surviving

17  spouse, the tax deferred status of the property shall be

18  continued during the life of that surviving spouse if the

19  spouse is 55 years of age or older within 6 months of the

20  date of death of the taxpayer and enters into a tax

21  deferral and recovery agreement before the time when

22  deferred taxes become due under this Section. Any

23  additional taxes deferred, plus interest, on the real

24  property under a tax deferral and recovery agreement

25  signed by a surviving spouse shall be added to the taxes

26  and interest which would otherwise have been due, and the
    SB3019 Enrolled           - 92 - LRB104 20255 HLH 33706 b

1   payment of which has been postponed during the life of

2   such surviving spouse, in determining the 80% equity

3   requirement provided by this Section.

4   (4) That if the taxes due, plus interest, are not paid

5   by the heir-at-law, assignee or legatee or if payment is

6   not postponed during the life of a surviving spouse, the

7   deferred taxes and interest shall be recovered from the

8   estate of the taxpayer within one year of the date of his

9   death. In addition, deferred real estate taxes and any

10  interest accrued thereon are due within 90 days after any

11  tax deferred property ceases to be qualifying property as

12  defined in Section 2.

13  If payment is not made when required by this Section,

14  foreclosure proceedings may be instituted under the

15  Property Tax Code.

16  (5) That any joint owner has given written prior

17  approval for such agreement, which written approval shall

18  be made a part of such agreement.

19  (6) That a guardian for a person under legal

20  disability appointed for a taxpayer who otherwise

21  qualifies under this Act may act for the taxpayer in

22  complying with this Act.

23  (7) That a taxpayer or his agent has provided to the

24  satisfaction of the collector, sufficient evidence that

25  the qualifying property on which the taxes are to be

26  deferred is insured against fire or casualty loss for at
    SB3019 Enrolled           - 93 - LRB104 20255 HLH 33706 b

1   least the total amount of taxes which have been deferred.

2   If the taxes to be deferred are special assessments, the

3 unit of local government making the assessments shall forward

4 a copy of the agreement entered into pursuant to this Section

5 and the bills for such assessments to the county collector of

6 the county in which the qualifying property is located.

7   Notwithstanding any provision of law to the contrary, the

8 real estate taxes deferred under this Act and taxes paid by the

9 Department of Revenue under this Act, together with all

10 interest and costs that may accrue on those amounts, shall be a

11 prior and first lien on the property, superior to all other

12 liens and encumbrances, until the deferred taxes and taxes

13 paid by the Department of Revenue, interest, and costs are

14 paid in accordance with this Act.

15 (Source: P.A. 104-452, eff. 12-12-25; revised 1-8-26.)

16                            ARTICLE 65

17  Section 65-5. The State Finance Act is amended by changing

18 Section 6z-22 as follows:

19  (30 ILCS 105/6z-22) (from Ch. 127, par. 142z-22)

20  Sec. 6z-22. Viable public guardianship and advocacy

21 programs, including the public guardianship programs created

22 and supervised in probate proceedings in State courts, are

23 essential to the administration of justice and operation of
    SB3019 Enrolled  - 94 - LRB104 20255 HLH 33706 b

1 the court to ensure that incapacitated persons and their

2 estates are protected regardless of their individual capacity

3 to access the courts. Providing independent legal

4 representation for individuals named in proceedings initiated

5 under the Mental Health and Developmental Disabilities Code is

6 essential to the administration of justice and operation of

7 courts so that an individual named in such proceedings,

8 regardless of resources, is afforded counsel that is free of

9 conflicting duties and charged with insuring compliance with

10 the Code's requirements, which is a necessary safeguard to

11 prevent the mental health and developmental disabilities

12 systems from become a tool to oppress rather than serve

13 society. To defray the expense of maintaining and operating

14 the divisions and programs of the Guardianship and Advocacy

15 Commission and to support viable guardianship and advocacy

16 programs throughout the State, each circuit court clerk must

17 remit a portion of the filing and appearance fees, as provided

18 in Section 27.1b of the Clerk of Courts Act, to the State

19 Treasurer for deposit into the Guardianship and Advocacy Fund.

20 All fees or other monies received by the Guardianship and

21 Advocacy Commission incident to the provision of legal or

22 guardianship services to eligible persons or wards pursuant to

23 subsection (i) of Section 5 of the Guardianship and Advocacy

24 Act shall be paid into the Guardianship and Advocacy Fund.

25  Appropriations for the improvement, development, addition

26 or expansion of legal and guardianship services for eligible
    SB3019 Enrolled       - 95 - LRB104 20255 HLH 33706 b

1 persons or wards pursuant to Section 5 of the Guardianship and
2 Advocacy Act or for the financing of any program designed to
3 provide such improvement, development, addition or expansion
4 of services or for expenses incurred in administering the
5 Human Rights Authority, Legal Advocacy Service and Office of
6 State Guardian are payable from the Guardianship and Advocacy
7 Fund.
8 (Source: P.A. 86-448; 86-1028.)

9   Section 65-10. The Clerks of Courts Act is amended by

10 changing Section 27.1b as follows:

11  (705 ILCS 105/27.1b)

12  Sec. 27.1b. Circuit court clerk fees. Notwithstanding any

13 other provision of law, all fees charged by the clerks of the

14 circuit court for the services described in this Section shall

15 be established, collected, and disbursed in accordance with

16 this Section. Except as otherwise specified in this Section,

17 all fees under this Section shall be paid in advance and

18 disbursed by each clerk on a monthly basis. In a county with a

19 population of over 3,000,000, units of local government and

20 school districts shall not be required to pay fees under this

21 Section in advance and the clerk shall instead send an

22 itemized bill to the unit of local government or school

23 district, within 30 days of the fee being incurred, and the

24 unit of local government or school district shall be allowed
    SB3019 Enrolled     - 96 - LRB104 20255 HLH 33706 b

1 at least 30 days from the date of the itemized bill to pay;

2 these payments shall be disbursed by each clerk on a monthly

3 basis. Unless otherwise specified in this Section, the amount

4 of a fee shall be determined by ordinance or resolution of the

5 county board and remitted to the county treasurer to be used

6 for purposes related to the operation of the court system in

7 the county. In a county with a population of over 3,000,000,

8 any amount retained by the clerk of the circuit court or

9 remitted to the county treasurer shall be subject to

10 appropriation by the county board.

11  (a) Civil cases. The fee for filing a complaint, petition,

12 or other pleading initiating a civil action shall be as set

13 forth in the applicable schedule under this subsection in

14 accordance with case categories established by the Supreme

15 Court in schedules.

16  (1) SCHEDULE 1: not to exceed a total of $371 $366 in a

17  county with a population of 3,000,000 or more and not to

18  exceed $321 $316 in any other county, except as applied to

19  units of local government and school districts in counties

20  with more than 3,000,000 inhabitants an amount not to

21  exceed $195 $190 through December 31, 2021 and $184 on and

22  after January 1, 2022. The fees collected under this

23  schedule shall be disbursed as follows:

24  (A) The clerk shall retain a sum, in an amount not

25  to exceed $55 in a county with a population of

26  3,000,000 or more and in an amount not to exceed $45 in
    SB3019 Enrolled  - 97 - LRB104 20255 HLH 33706 b

1   any other county determined by the clerk with the

2   approval of the Supreme Court, to be used for court

3   automation, court document storage, and administrative

4   purposes.

5   (B) The clerk shall remit up to $26 $21 to the

6   State Treasurer. The State Treasurer shall deposit the

7   appropriate amounts, in accordance with the clerk's

8   instructions, as follows:

9                    (i) up to $10, as specified by the Supreme

10  Court in accordance with Part 10A of Article II of

11  the Code of Civil Procedure, into the Mandatory

12  Arbitration Fund;

13                   (ii) $2 into the Access to Justice Fund; and

14                   (iii) $5 into the Guardianship and Advocacy

15  Fund; and

16                   (iv) (iii) $9 into the Supreme Court Special

17  Purposes Fund.

18  (C) The clerk shall remit a sum to the County

19  Treasurer, in an amount not to exceed $290 in a county

20  with a population of 3,000,000 or more and in an amount

21  not to exceed $250 in any other county, as specified by

22  ordinance or resolution passed by the county board,

23  for purposes related to the operation of the court

24  system in the county.

25  (2) SCHEDULE 2: not to exceed a total of $362 $357 in a

26  county with a population of 3,000,000 or more and not to
    SB3019 Enrolled  - 98 - LRB104 20255 HLH 33706 b

1   exceed $266 in any other county, except as applied to

2   units of local government and school districts in counties

3   with more than 3,000,000 inhabitants an amount not to

4   exceed $190 through December 31, 2021 and $184 on and

5   after January 1, 2022. The fees collected under this

6   schedule shall be disbursed as follows:

7   (A) The clerk shall retain a sum, in an amount not

8   to exceed $55 in a county with a population of

9   3,000,000 or more and in an amount not to exceed $45 in

10  any other county determined by the clerk with the

11  approval of the Supreme Court, to be used for court

12  automation, court document storage, and administrative

13  purposes.

14  (B) The clerk shall remit up to $21 to the State

15  Treasurer. The State Treasurer shall deposit the

16  appropriate amounts, in accordance with the clerk's

17  instructions, as follows:

18                   (i) up to $10, as specified by the Supreme

19  Court in accordance with Part 10A of Article II of

20  the Code of Civil Procedure, into the Mandatory

21  Arbitration Fund;

22                   (ii) $2 into the Access to Justice Fund: and

23                   (iii) $9 into the Supreme Court Special

24  Purposes Fund.

25  (C) The clerk shall remit a sum to the County

26  Treasurer, in an amount not to exceed $281 in a county
    SB3019 Enrolled  - 99 - LRB104 20255 HLH 33706 b

1   with a population of 3,000,000 or more and in an amount

2   not to exceed $200 in any other county, as specified by

3   ordinance or resolution passed by the county board,

4   for purposes related to the operation of the court

5   system in the county.

6   (3) SCHEDULE 3: not to exceed a total of $270 $265 in a

7   county with a population of 3,000,000 or more and not to

8   exceed $94 $89 in any other county, except as applied to

9   units of local government and school districts in counties

10  with more than 3,000,000 inhabitants an amount not to

11  exceed $195 $190 through December 31, 2021 and $184 on and

12  after January 1, 2022. The fees collected under this

13  schedule shall be disbursed as follows:

14  (A) The clerk shall retain a sum, in an amount not

15  to exceed $55 in a county with a population of

16  3,000,000 or more and in an amount not to exceed $22 in

17  any other county determined by the clerk with the

18  approval of the Supreme Court, to be used for court

19  automation, court document storage, and administrative

20  purposes.

21  (B) The clerk shall remit $16 $11 to the State

22  Treasurer. The State Treasurer shall deposit the

23  appropriate amounts in accordance with the clerk's

24  instructions, as follows:

25                   (i) $2 into the Access to Justice Fund; and

26                   (ii) $5 into the Guardianship and Advocacy
    SB3019 Enrolled      - 100 - LRB104 20255 HLH 33706 b

1   Fund; and

2                    (iii) (ii) $9 into the Supreme Court Special

3   Purposes Fund.

4   (C) The clerk shall remit a sum to the County

5   Treasurer, in an amount not to exceed $199 in a county

6   with a population of 3,000,000 or more and in an amount

7   not to exceed $56 in any other county, as specified by

8   ordinance or resolution passed by the county board,

9   for purposes related to the operation of the court

10  system in the county.

11  (4) SCHEDULE 4: $0.

12  (b) Appearance. The fee for filing an appearance in a

13 civil action, including a cannabis civil law action under the

14 Cannabis Control Act, shall be as set forth in the applicable

15 schedule under this subsection in accordance with case

16 categories established by the Supreme Court in schedules.

17  (1) SCHEDULE 1: not to exceed a total of $235 $230 in a

18  county with a population of 3,000,000 or more and not to

19  exceed $196 $191 in any other county, except as applied to

20  units of local government and school districts in counties

21  with more than 3,000,000 inhabitants an amount not to

22  exceed $80 $75. The fees collected under this schedule

23  shall be disbursed as follows:

24  (A) The clerk shall retain a sum, in an amount not

25  to exceed $50 in a county with a population of

26  3,000,000 or more and in an amount not to exceed $45 in
    SB3019 Enrolled  - 101 - LRB104 20255 HLH 33706 b

1   any other county determined by the clerk with the

2   approval of the Supreme Court, to be used for court

3   automation, court document storage, and administrative

4   purposes.

5   (B) The clerk shall remit up to $26 $21 to the

6   State Treasurer. The State Treasurer shall deposit the

7   appropriate amounts, in accordance with the clerk's

8   instructions, as follows:

9                    (i) up to $10, as specified by the Supreme

10  Court in accordance with Part 10A of Article II of

11  the Code of Civil Procedure, into the Mandatory

12  Arbitration Fund;

13                   (ii) $2 into the Access to Justice Fund; and

14                   (iii) $5 into the Guardianship and Advocacy

15  Fund; and

16                   (iv) (iii) $9 into the Supreme Court Special

17  Purposes Fund.

18  (C) The clerk shall remit a sum to the County

19  Treasurer, in an amount not to exceed $159 in a county

20  with a population of 3,000,000 or more and in an amount

21  not to exceed $125 in any other county, as specified by

22  ordinance or resolution passed by the county board,

23  for purposes related to the operation of the court

24  system in the county.

25  (2) SCHEDULE 2: not to exceed a total of $135 $130 in a

26  county with a population of 3,000,000 or more and not to
    SB3019 Enrolled  - 102 - LRB104 20255 HLH 33706 b

1   exceed $114 $109 in any other county, except as applied to

2   units of local government and school districts in counties

3   with more than 3,000,000 inhabitants an amount not to

4   exceed $80 $75. The fees collected under this schedule

5   shall be disbursed as follows:

6   (A) The clerk shall retain a sum, in an amount not

7   to exceed $50 in a county with a population of

8   3,000,000 or more and in an amount not to exceed $10 in

9   any other county determined by the clerk with the

10  approval of the Supreme Court, to be used for court

11  automation, court document storage, and administrative

12  purposes.

13  (B) The clerk shall remit up to $14 $9 to the State

14  Treasurer. The , which the State Treasurer shall

15  deposit the appropriate amounts, in accordance with

16  the clerk's instructions, as follows: into the Supreme

17  Court Special Purposes Fund.

18                   (i) $5 into the Guardianship and Advocacy

19  Fund; and

20                   (ii) $9 into the Supreme Court Special

21  Purposes Fund.

22  (C) The clerk shall remit a sum to the County

23  Treasurer, in an amount not to exceed $71 in a county

24  with a population of 3,000,000 or more and in an amount

25  not to exceed $90 in any other county, as specified by

26  ordinance or resolution passed by the county board,
    SB3019 Enrolled      - 103 - LRB104 20255 HLH 33706 b

1   for purposes related to the operation of the court

2   system in the county.

3   (3) SCHEDULE 3: $0.

4   (b-5) Kane County and Will County. In Kane County and Will

5 County civil cases, there is an additional fee of up to $30 as

6 set by the county board under Section 5-1101.3 of the Counties

7 Code to be paid by each party at the time of filing the first

8 pleading, paper, or other appearance; provided that no

9 additional fee shall be required if more than one party is

10 represented in a single pleading, paper, or other appearance.

11 Distribution of fees collected under this subsection (b-5)

12 shall be as provided in Section 5-1101.3 of the Counties Code.

13  (c) Counterclaim or third party complaint. When any

14 defendant files a counterclaim or third party complaint, as

15 part of the defendant's answer or otherwise, the defendant

16 shall pay a filing fee for each counterclaim or third party

17 complaint in an amount equal to the filing fee the defendant

18 would have had to pay had the defendant brought a separate

19 action for the relief sought in the counterclaim or third

20 party complaint, less the amount of the appearance fee, if

21 any, that the defendant has already paid in the action in which

22 the counterclaim or third party complaint is filed.

23  (d) Alias summons. The clerk shall collect a fee not to

24 exceed $6 in a county with a population of 3,000,000 or more

25 and not to exceed $5 in any other county for each alias summons

26 or citation issued by the clerk, except as applied to units of
    SB3019 Enrolled       - 104 - LRB104 20255 HLH 33706 b

1 local government and school districts in counties with more

2 than 3,000,000 inhabitants an amount not to exceed $5 for each

3 alias summons or citation issued by the clerk.

4   (e) Jury services. The clerk shall collect, in addition to

5 other fees allowed by law, a sum not to exceed $212.50, as a

6 fee for the services of a jury in every civil action not

7 quasi-criminal in its nature and not a proceeding for the

8 exercise of the right of eminent domain and in every other

9 action wherein the right of trial by jury is or may be given by

10 law. The jury fee shall be paid by the party demanding a jury

11 at the time of filing the jury demand. If the fee is not paid

12 by either party, no jury shall be called in the action or

13 proceeding, and the action or proceeding shall be tried by the

14 court without a jury.

15  (f) Change of venue. In connection with a change of venue:

16  (1) The clerk of the jurisdiction from which the case

17  is transferred may charge a fee, not to exceed $40, for the

18  preparation and certification of the record; and

19  (2) The clerk of the jurisdiction to which the case is

20  transferred may charge the same filing fee as if it were

21  the commencement of a new suit.

22  (g) Petition to vacate or modify.

23  (1) In a proceeding involving a petition to vacate or

24  modify any final judgment or order filed within 30 days

25  after the judgment or order was entered, except for an

26  eviction case, small claims case, petition to reopen an
    SB3019 Enrolled        - 105 - LRB104 20255 HLH 33706 b

1   estate, petition to modify, terminate, or enforce a

2   judgment or order for child or spousal support, or

3   petition to modify, suspend, or terminate an order for

4   withholding, the fee shall not exceed $60 in a county with

5   a population of 3,000,000 or more and shall not exceed $50

6   in any other county, except as applied to units of local

7   government and school districts in counties with more than

8   3,000,000 inhabitants an amount not to exceed $50.

9   (2) In a proceeding involving a petition to vacate or

10  modify any final judgment or order filed more than 30 days

11  after the judgment or order was entered, except for a

12  petition to modify, terminate, or enforce a judgment or

13  order for child or spousal support, or petition to modify,

14  suspend, or terminate an order for withholding, the fee

15  shall not exceed $75.

16  (3) In a proceeding involving a motion to vacate or

17  amend a final order, motion to vacate an ex parte

18  judgment, judgment of forfeiture, or "failure to appear"

19  or "failure to comply" notices sent to the Secretary of

20  State, the fee shall equal $40.

21  (h) Appeals preparation. The fee for preparation of a

22 record on appeal shall be based on the number of pages, as

23 follows:

24  (1) if the record contains no more than 100 pages, the

25  fee shall not exceed $70 in a county with a population of

26  3,000,000 or more and shall not exceed $50 in any other
    SB3019 Enrolled       - 106 - LRB104 20255 HLH 33706 b

1   county;

2   (2) if the record contains between 100 and 200 pages,

3   the fee shall not exceed $100; and

4   (3) if the record contains 200 or more pages, the

5   clerk may collect an additional fee not to exceed 25 cents

6   per page.

7   (i) Remands. In any cases remanded to the circuit court

8 from the Supreme Court or the appellate court for a new trial,

9 the clerk shall reinstate the case with either its original

10 number or a new number. The clerk shall not charge any new or

11 additional fee for the reinstatement. Upon reinstatement, the

12 clerk shall advise the parties of the reinstatement. Parties

13 shall have the same right to a jury trial on remand and

14 reinstatement that they had before the appeal, and no

15 additional or new fee or charge shall be made for a jury trial

16 after remand.

17  (j) Garnishment, wage deduction, and citation. In

18 garnishment affidavit, wage deduction affidavit, and citation

19 petition proceedings:

20  (1) if the amount in controversy in the proceeding is

21  not more than $1,000, the fee may not exceed $35 in a

22  county with a population of 3,000,000 or more and may not

23  exceed $15 in any other county, except as applied to units

24  of local government and school districts in counties with

25  more than 3,000,000 inhabitants an amount not to exceed

26  $15;
    SB3019 Enrolled           - 107 - LRB104 20255 HLH 33706 b

1   (2) if the amount in controversy in the proceeding is

2   greater than $1,000 and not more than $5,000, the fee may

3   not exceed $45 in a county with a population of 3,000,000

4   or more and may not exceed $30 in any other county, except

5   as applied to units of local government and school

6   districts in counties with more than 3,000,000 inhabitants

7   an amount not to exceed $30; and

8   (3) if the amount in controversy in the proceeding is

9   greater than $5,000, the fee may not exceed $65 in a county

10  with a population of 3,000,000 or more and may not exceed

11  $50 in any other county, except as applied to units of

12  local government and school districts in counties with

13  more than 3,000,000 inhabitants an amount not to exceed

14  $50.

15  (j-5) Debt collection. In any proceeding to collect a debt

16 subject to the exception in item (ii) of subparagraph (A-5) of

17 paragraph (1) of subsection (z) of this Section, the circuit

18 court shall order and the clerk shall collect from each

19 judgment debtor a fee of:

20  (1) $35 if the amount in controversy in the proceeding

21  is not more than $1,000;

22  (2) $45 if the amount in controversy in the proceeding

23  is greater than $1,000 and not more than $5,000; and

24  (3) $65 if the amount in controversy in the proceeding

25  is greater than $5,000.

26  (k) Collections.
    SB3019 Enrolled  - 108 - LRB104 20255 HLH 33706 b

1   (1) For all collections made of others, except the

2   State and county and except in maintenance or child

3   support cases, the clerk may collect a fee of up to 2.5% of

4   the amount collected and turned over.

5   (2) In child support and maintenance cases, the clerk

6   may collect an annual fee of up to $36 from the person

7   making payment for maintaining child support records and

8   the processing of support orders to the State of Illinois

9   KIDS system and the recording of payments issued by the

10  State Disbursement Unit for the official record of the

11  Court. This fee is in addition to and separate from

12  amounts ordered to be paid as maintenance or child support

13  and shall be deposited into a Separate Maintenance and

14  Child Support Collection Fund, of which the clerk shall be

15  the custodian, ex officio, to be used by the clerk to

16  maintain child support orders and record all payments

17  issued by the State Disbursement Unit for the official

18  record of the Court. The clerk may recover from the person

19  making the maintenance or child support payment any

20  additional cost incurred in the collection of this annual

21  fee.

22  (3) The clerk may collect a fee of $5 for

23  certifications made to the Secretary of State as provided

24  in Section 7-703 of the Illinois Vehicle Code, and this

25  fee shall be deposited into the Separate Maintenance and

26  Child Support Collection Fund.
    SB3019 Enrolled  - 109 - LRB104 20255 HLH 33706 b

1   (4) In proceedings to foreclose the lien of delinquent

2   real estate taxes, State's Attorneys shall receive a fee

3   of 10% of the total amount realized from the sale of real

4   estate sold in the proceedings. The clerk shall collect

5   the fee from the total amount realized from the sale of the

6   real estate sold in the proceedings and remit to the

7   County Treasurer to be credited to the earnings of the

8   Office of the State's Attorney.

9   (l) Mailing. The fee for the clerk mailing documents shall

10 not exceed $10 plus the cost of postage.

11  (m) Certified copies. The fee for each certified copy of a

12 judgment, after the first copy, shall not exceed $10.

13  (n) Certification, authentication, and reproduction.

14  (1) The fee for each certification or authentication

15  for taking the acknowledgment of a deed or other

16  instrument in writing with the seal of office shall not

17  exceed $6.

18  (2) The fee for reproduction of any document contained

19  in the clerk's files shall not exceed:

20  (A) $2 for the first page;

21  (B) 50 cents per page for the next 19 pages; and

22  (C) 25 cents per page for all additional pages.

23  (o) Record search. For each record search, within a

24 division or municipal district, the clerk may collect a search

25 fee not to exceed $6 for each year searched.

26  (p) Hard copy. For each page of hard copy print output,
    SB3019 Enrolled  - 110 - LRB104 20255 HLH 33706 b

1 when case records are maintained on an automated medium, the

2 clerk may collect a fee not to exceed $10 in a county with a

3 population of 3,000,000 or more and not to exceed $6 in any

4 other county, except as applied to units of local government

5 and school districts in counties with more than 3,000,000

6 inhabitants an amount not to exceed $6.

7   (q) Index inquiry and other records. No fee shall be

8 charged for a single plaintiff and defendant index inquiry or

9 single case record inquiry when this request is made in person

10 and the records are maintained in a current automated medium,

11 and when no hard copy print output is requested. The fees to be

12 charged for management records, multiple case records, and

13 multiple journal records may be specified by the Chief Judge

14 pursuant to the guidelines for access and dissemination of

15 information approved by the Supreme Court.

16  (r) Performing a marriage. There shall be a $10 fee for

17 performing a marriage in court.

18  (s) Voluntary assignment. For filing each deed of

19 voluntary assignment, the clerk shall collect a fee not to

20 exceed $20. For recording a deed of voluntary assignment, the

21 clerk shall collect a fee not to exceed 50 cents for each 100

22 words. Exceptions filed to claims presented to an assignee of

23 a debtor who has made a voluntary assignment for the benefit of

24 creditors shall be considered and treated, for the purpose of

25 taxing costs therein, as actions in which the party or parties

26 filing the exceptions shall be considered as party or parties
    SB3019 Enrolled       - 111 - LRB104 20255 HLH 33706 b

1 plaintiff, and the claimant or claimants as party or parties

2 defendant, and those parties respectively shall pay to the

3 clerk the same fees as provided by this Section to be paid in

4 other actions.

5   (t) Expungement petition. Except as provided in Sections

6 1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may

7 collect a fee not to exceed $60 for each expungement petition

8 filed and an additional fee not to exceed $4 for each certified

9 copy of an order to expunge arrest records.

10  (u) Transcripts of judgment. For the filing of a

11 transcript of judgment, the clerk may collect the same fee as

12 if it were the commencement of a new suit.

13  (v) Probate filings.

14  (1) For each account (other than one final account)

15  filed in the estate of a decedent, or ward, the fee shall

16  not exceed $25. No fee may be charged for accounts filed

17  for guardianships established for minors pursuant to

18  Article XI of the Probate Act of 1975 or for disabled

19  adults under Article XIa of the Probate Act of 1975.

20  (2) For filing a claim in an estate when the amount

21  claimed is greater than $150 and not more than $500, the

22  fee shall not exceed $40 in a county with a population of

23  3,000,000 or more and shall not exceed $25 in any other

24  county; when the amount claimed is greater than $500 and

25  not more than $10,000, the fee shall not exceed $55 in a

26  county with a population of 3,000,000 or more and shall
    SB3019 Enrolled         - 112 - LRB104 20255 HLH 33706 b

1   not exceed $40 in any other county; and when the amount

2   claimed is more than $10,000, the fee shall not exceed $75

3   in a county with a population of 3,000,000 or more and

4   shall not exceed $60 in any other county; except the court

5   in allowing a claim may add to the amount allowed the

6   filing fee paid by the claimant.

7   (3) For filing in an estate a claim, petition, or

8   supplemental proceeding based upon an action seeking

9   equitable relief including the construction or contest of

10  a will, enforcement of a contract to make a will, and

11  proceedings involving testamentary trusts or the

12  appointment of testamentary trustees, the fee shall not

13  exceed $60.

14  (4) There shall be no fee for filing in an estate: (i)

15  the appearance of any person for the purpose of consent;

16  or (ii) the appearance of an executor, administrator,

17  administrator to collect, guardian, guardian ad litem, or

18  special administrator.

19  (5) For each jury demand, the fee shall not exceed

20  $137.50.

21  (6) For each certified copy of letters of office, of

22  court order, or other certification, the fee shall not

23  exceed $2 per page.

24  (7) For each exemplification, the fee shall not exceed

25  $2, plus the fee for certification.

26  (8) The executor, administrator, guardian, petitioner,
    SB3019 Enrolled           - 113 - LRB104 20255 HLH 33706 b

1   or other interested person or his or her attorney shall

2   pay the cost of publication by the clerk directly to the

3   newspaper.

4   (9) The person on whose behalf a charge is incurred

5   for witness, court reporter, appraiser, or other

6   miscellaneous fees shall pay the same directly to the

7   person entitled thereto.

8   (10) The executor, administrator, guardian,

9   petitioner, or other interested person or his or her

10  attorney shall pay to the clerk all postage charges

11  incurred by the clerk in mailing petitions, orders,

12  notices, or other documents pursuant to the provisions of

13  the Probate Act of 1975.

14  (w) Corrections of numbers. For correction of the case

15 number, case title, or attorney computer identification

16 number, if required by rule of court, on any document filed in

17 the clerk's office, to be charged against the party that filed

18 the document, the fee shall not exceed $25.

19  (x) Miscellaneous.

20  (1) Interest earned on any fees collected by the clerk

21  shall be turned over to the county general fund as an

22  earning of the office.

23  (2) For any check, draft, or other bank instrument

24  returned to the clerk for non-sufficient funds, account

25  closed, or payment stopped, the clerk shall collect a fee

26  of $25.
    SB3019 Enrolled  - 114 - LRB104 20255 HLH 33706 b

1   (y) Other fees. Any fees not covered in this Section shall

2 be set by rule or administrative order of the circuit court

3 with the approval of the Administrative Office of the Illinois

4 Courts. The clerk of the circuit court may provide services in

5 connection with the operation of the clerk's office, other

6 than those services mentioned in this Section, as may be

7 requested by the public and agreed to by the clerk and approved

8 by the Chief Judge. Any charges for additional services shall

9 be as agreed to between the clerk and the party making the

10 request and approved by the Chief Judge. Nothing in this

11 subsection shall be construed to require any clerk to provide

12 any service not otherwise required by law.

13  (y-5) Unpaid fees. Unless a court ordered payment schedule

14 is implemented or the fee requirements of this Section are

15 waived under a court order, the clerk of the circuit court may

16 add to any unpaid fees and costs under this Section a

17 delinquency amount equal to 5% of the unpaid fees that remain

18 unpaid after 30 days, 10% of the unpaid fees that remain unpaid

19 after 60 days, and 15% of the unpaid fees that remain unpaid

20 after 90 days. Notice to those parties may be made by signage

21 posting or publication. The additional delinquency amounts

22 collected under this Section shall be deposited into the

23 Circuit Court Clerk Operations and Administration Fund and

24 used to defray additional administrative costs incurred by the

25 clerk of the circuit court in collecting unpaid fees and

26 costs.
    SB3019 Enrolled  - 115 - LRB104 20255 HLH 33706 b

1   (z) Exceptions.

2   (1) No fee authorized by this Section shall apply to:

3   (A) police departments or other law enforcement

4   agencies. In this Section, "law enforcement agency"

5   means: an agency of the State or agency of a unit of

6   local government which is vested by law or ordinance

7   with the duty to maintain public order and to enforce

8   criminal laws or ordinances; the Attorney General; or

9   any State's Attorney;

10  (A-5) any unit of local government or school

11  district, except in counties having a population of

12  500,000 or more the county board may by resolution set

13  fees for units of local government or school districts

14  no greater than the minimum fees applicable in

15  counties with a population less than 3,000,000;

16  provided however, no fee may be charged to any unit of

17  local government or school district in connection with

18  any action which, in whole or in part, is: (i) to

19  enforce an ordinance; (ii) to collect a debt; or (iii)

20  under the Administrative Review Law;

21  (B) any action instituted by the corporate

22  authority of a municipality with more than 1,000,000

23  inhabitants under Section 11-31-1 of the Illinois

24  Municipal Code and any action instituted under

25  subsection (b) of Section 11-31-1 of the Illinois

26  Municipal Code by a private owner or tenant of real
    SB3019 Enrolled  - 116 - LRB104 20255 HLH 33706 b

1   property within 1,200 feet of a dangerous or unsafe

2   building seeking an order compelling the owner or

3   owners of the building to take any of the actions

4   authorized under that subsection;

5   (C) any commitment petition, petition for

6   discharge petition, or petition for an order

7   authorizing the administration of psychotropic

8   medication or electroconvulsive therapy under the

9   Mental Health and Developmental Disabilities Code;

10  (D) a petitioner in any order of protection

11  proceeding, including, but not limited to, fees for

12  filing, modifying, withdrawing, certifying, or

13  photocopying petitions for orders of protection,

14  issuing alias summons, any related filing service, or

15  certifying, modifying, vacating, or photocopying any

16  orders of protection;

17  (E) proceedings for the appointment of a

18  confidential intermediary under the Adoption Act;

19  (F) a minor subject to Article III, IV, or V of the

20  Juvenile Court Act of 1987, or the minor's parent,

21  guardian, or legal custodian; or

22  (G) a minor under the age of 18 transferred to

23  adult court or excluded from juvenile court

24  jurisdiction under Article V of the Juvenile Court Act

25  of 1987, or the minor's parent, guardian, or legal

26  custodian.
    SB3019 Enrolled          - 117 - LRB104 20255 HLH 33706 b

1   (2) No fee other than the filing fee contained in the

2   applicable schedule in subsection (a) shall be charged to

3   any person in connection with an adoption proceeding.

4   (3) Upon good cause shown, the court may waive any

5   fees associated with a special needs adoption. The term

6   "special needs adoption" has the meaning provided by the

7   Illinois Department of Children and Family Services.

8   (4) No fee may be charged for the filing of an

9   appearance by any defendant in a small claim proceeding.

10  As used in this Section, "small claim" means a proceeding

11  as defined in Supreme Court Rule 281.

12 (Source: P.A. 103-4, eff. 5-31-23; 103-379, eff. 7-28-23;

13 103-605, eff. 7-1-24; 104-120, eff. 1-1-26.)

14  (705 ILCS 105/27.3f rep.)

15  Section 65-15. The Clerks of Courts Act is amended by

16 repealing Section 27.3f.

17                           ARTICLE 70

18  Section 70-5. The Department of Commerce and Economic

19 Opportunity Law of the Civil Administrative Code of Illinois

20 is amended by changing Section 605-1025 as follows:

21  (20 ILCS 605/605-1025)

22  Sec. 605-1025. Data center investment.
    SB3019 Enrolled          - 118 - LRB104 20255 HLH 33706 b

1   (a) The Department shall issue certificates of exemption

2 from the Retailers' Occupation Tax Act, the Use Tax Act, the

3 Service Use Tax Act, and the Service Occupation Tax Act, all

4 locally-imposed retailers' occupation taxes administered and

5 collected by the Department of Revenue, the Chicago non-titled

6 Use Tax, and a credit certification against the taxes imposed

7 under subsections (a) and (b) of Section 201 of the Illinois

8 Income Tax Act to qualifying Illinois data centers.

9   (b) For taxable years beginning on or after January 1,

10 2019, the Department shall award credits against the taxes

11 imposed under subsections (a) and (b) of Section 201 of the

12 Illinois Income Tax Act as provided in Section 229 of the

13 Illinois Income Tax Act.

14  (c) For purposes of this Section:

15  "Data center" means a facility: (1) whose primary

16  services are the storage, management, and processing of

17  digital data; and (2) that is used to house (i) computer

18  and network systems, including associated components such

19  as servers, network equipment and appliances,

20  telecommunications, and data storage systems, (ii) systems

21  for monitoring and managing infrastructure performance,

22  (iii) Internet-related equipment and services, (iv) data

23  communications connections, (v) environmental controls,

24  (vi) fire protection systems, and (vii) security systems

25  and services.

26  "Qualifying Illinois data center" means a new or
    SB3019 Enrolled  - 119 - LRB104 20255 HLH 33706 b

1   existing data center that:

2        (1) is located in the State of Illinois;

3        (2) in the case of an existing data center, made a

4   capital investment of at least $250,000,000

5   collectively by the data center operator and the

6   tenants of the data center over the 60-month period

7   immediately prior to January 1, 2020 or committed to

8   make a capital investment of at least $250,000,000

9   over a 60-month period commencing before January 1,

10  2020 and ending after January 1, 2020; or

11       (3) in the case of a new data center, or an

12  existing data center making an upgrade, makes a

13  capital investment of at least $250,000,000 over a

14  60-month period beginning on or after January 1, 2020;

15  and

16       (4) in the case of both existing and new data

17  centers, results in the creation of at least 20

18  full-time or full-time equivalent new jobs over a

19  period of 60 months by the data center operator and the

20  tenants of the data center, collectively, associated

21  with the operation or maintenance of the data center;

22  those jobs must have a total compensation equal to or

23  greater than 120% of the average wage paid to

24  full-time employees in the county where the data

25  center is located, as determined by the U.S. Bureau of

26  Labor Statistics; and
    SB3019 Enrolled  - 120 - LRB104 20255 HLH 33706 b

1   (5) within 2 years after being placed in service,

2   certifies to the Department that it is carbon neutral

3   or has attained certification under one or more of the

4   following green building standards:

5                    (A) BREEAM for New Construction or BREEAM

6   In-Use;

7                    (B) ENERGY STAR;

8                    (C) Envision;

9                    (D) ISO 50001-energy management;

10                   (E) LEED for Building Design and Construction

11  or LEED for Operations and Maintenance;

12                   (F) Green Globes for New Construction or Green

13  Globes for Existing Buildings;

14                   (G) UL 3223; or

15                   (H) an equivalent program approved by the

16  Department of Commerce and Economic Opportunity.

17  "Full-time equivalent job" means a job in which the

18  new employee works for the owner, operator, contractor, or

19  tenant of a data center or for a corporation under

20  contract with the owner, operator or tenant of a data

21  center at a rate of at least 35 hours per week. An owner,

22  operator or tenant who employs labor or services at a

23  specific site or facility under contract with another may

24  declare one full-time, permanent job for every 1,820 man

25  hours worked per year under that contract. Vacations, paid

26  holidays, and sick time are included in this computation.
    SB3019 Enrolled  - 121 - LRB104 20255 HLH 33706 b

1   Overtime is not considered a part of regular hours.

2   "Qualified tangible personal property" means:

3   electrical systems and equipment; climate control and

4   chilling equipment and systems; mechanical systems and

5   equipment; monitoring and secure systems; emergency

6   generators; hardware; computers; servers; data storage

7   devices; network connectivity equipment; racks; cabinets;

8   telecommunications cabling infrastructure; raised floor

9   systems; peripheral components or systems; software;

10  mechanical, electrical, or plumbing systems; battery

11  systems; cooling systems and towers; temperature control

12  systems; other cabling; and other data center

13  infrastructure equipment and systems necessary to operate

14  qualified tangible personal property, including fixtures;

15  and component parts of any of the foregoing, including

16  installation, maintenance, repair, refurbishment, and

17  replacement of qualified tangible personal property to

18  generate, transform, transmit, distribute, or manage

19  electricity necessary to operate qualified tangible

20  personal property; and all other tangible personal

21  property that is essential to the operations of a computer

22  data center. "Qualified tangible personal property" also

23  includes building materials physically incorporated in to

24  the qualifying data center.

25  To document the exemption allowed under this Section, the

26 retailer must obtain from the purchaser a copy of the
    SB3019 Enrolled         - 122 - LRB104 20255 HLH 33706 b

1 certificate of eligibility issued by the Department.

2   (d) New and existing data centers seeking a certificate of

3 exemption for new or existing facilities shall apply to the

4 Department in the manner specified by the Department. The

5 Department shall determine the duration of the certificate of

6 exemption awarded under this Act. The duration of the

7 certificate of exemption may not exceed 20 calendar years. The

8 Department and any data center seeking the exemption,

9 including a data center operator on behalf of itself and its

10 tenants, must enter into a memorandum of understanding that at

11 a minimum provides:

12  (1) the details for determining the amount of capital

13  investment to be made;

14  (2) the number of new jobs created;

15  (3) the timeline for achieving the capital investment

16  and new job goals;

17  (4) the repayment obligation should those goals not be

18  achieved and any conditions under which repayment by the

19  qualifying data center or data center tenant claiming the

20  exemption will be required;

21  (5) the duration of the exemption; and

22  (6) other provisions as deemed necessary by the

23  Department.

24  (e) Beginning July 1, 2021, and each year thereafter, the

25 Department shall annually report to the Governor and the

26 General Assembly on the outcomes and effectiveness of Public
    SB3019 Enrolled    - 123 - LRB104 20255 HLH 33706 b

1 Act 101-31 that shall include the following:

2   (1) the name of each recipient business;

3   (2) the location of the project;

4   (3) the estimated value of the credit;

5   (4) the number of new jobs and, if applicable,

6   retained jobs pledged as a result of the project; and

7   (5) whether or not the project is located in an

8   underserved area.

9   (f) New and existing data centers seeking a certificate of

10 exemption related to the rehabilitation or construction of

11 data centers in the State shall require the contractor and all

12 subcontractors to comply with the requirements of Section

13 30-22 of the Illinois Procurement Code as they apply to

14 responsible bidders and to present satisfactory evidence of

15 that compliance to the Department.

16  (g) New and existing data centers seeking a certificate of

17 exemption for the rehabilitation or construction of data

18 centers in the State shall require the contractor to enter

19 into a project labor agreement approved by the Department.

20  (h) Any qualifying data center issued a certificate of

21 exemption under this Section must annually report to the

22 Department the total data center tax benefits that are

23 received by the business. Reports are due no later than May 31

24 of each year and shall cover the previous calendar year. The

25 first report is for the 2019 calendar year and is due no later

26 than May 31, 2020.
    SB3019 Enrolled          - 124 - LRB104 20255 HLH 33706 b

1   To the extent that a business issued a certificate of

2 exemption under this Section has obtained an Enterprise Zone

3 Building Materials Exemption Certificate or a High Impact

4 Business Building Materials Exemption Certificate, no

5 additional reporting for those building materials exemption

6 benefits is required under this Section.

7   Failure to file a report under this subsection (h) may

8 result in suspension or revocation of the certificate of

9 exemption. Factors to be considered in determining whether a

10 data center certificate of exemption shall be suspended or

11 revoked include, but are not limited to, prior compliance with

12 the reporting requirements, cooperation in discontinuing and

13 correcting violations, the extent of the violation, and

14 whether the violation was willful or inadvertent.

15  (i) The Department shall not issue any new certificates of

16 exemption under the provisions of this Section after July 1,

17 2029. This sunset shall not affect any existing certificates

18 of exemption in effect on July 1, 2029.

19  (j) The Department shall adopt rules to implement and

20 administer this Section.

21 (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19;

22 102-427, eff. 8-20-21; 102-558, eff. 8-20-21.)

23  Section 70-10. The Department of Revenue Law of the Civil

24 Administrative Code of Illinois is amended by changing Section

25 2505-70 as follows:
    SB3019 Enrolled         - 125 - LRB104 20255 HLH 33706 b

1   (20 ILCS 2505/2505-70) (was 20 ILCS 2505/39b24)

2   Sec. 2505-70. Messages Tax Act; Gas Revenue Tax Act. The

3 Department has the power to exercise all the rights, powers,

4 and duties vested in the Department by the Messages Tax Act and

5 the Gas Revenue Tax Act.

6 (Source: P.A. 91-239, eff. 1-1-00.)

7   Section 70-15. The State Revenue Sharing Act is amended by

8 changing Section 12 as follows:

9   (30 ILCS 115/12) (from Ch. 85, par. 616)

10  Sec. 12. Personal Property Tax Replacement Fund. There is

11 hereby created the Personal Property Tax Replacement Fund, a

12 special fund in the State Treasury into which shall be paid all

13 revenue realized:

14  (a) all amounts realized from the additional personal

15  property tax replacement income tax imposed by subsections

16  (c) and (d) of Section 201 of the Illinois Income Tax Act,

17  except for those amounts deposited into the Income Tax

18  Refund Fund pursuant to subsection (c) of Section 901 of

19  the Illinois Income Tax Act; and

20  (b) all amounts realized from the additional personal

21  property replacement invested capital taxes imposed by

22  Section 2a.1 of the Messages Tax Act, Section 2a.1 of the

23  Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
    SB3019 Enrolled       - 126 - LRB104 20255 HLH 33706 b

1   Revenue Act, and Section 3 of the Water Company Invested

2   Capital Tax Act, and amounts payable to the Department of

3   Revenue under the Telecommunications Infrastructure

4   Maintenance Fee Act.

5   As soon as may be after the end of each month, the

6 Department of Revenue shall certify to the Treasurer and the

7 Comptroller the amount of all refunds paid out of the General

8 Revenue Fund through the preceding month on account of

9 overpayment of liability on taxes paid into the Personal

10 Property Tax Replacement Fund. Upon receipt of such

11 certification, the Treasurer and the Comptroller shall

12 transfer the amount so certified from the Personal Property

13 Tax Replacement Fund into the General Revenue Fund.

14  The payments of revenue into the Personal Property Tax

15 Replacement Fund shall be used exclusively for distribution to

16 taxing districts, regional offices and officials, and local

17 officials as provided in this Section and in the School Code,

18 payment of the ordinary and contingent expenses of the

19 Property Tax Appeal Board, payment of the expenses of the

20 Department of Revenue incurred in administering the collection

21 and distribution of monies paid into the Personal Property Tax

22 Replacement Fund and transfers due to refunds to taxpayers for

23 overpayment of liability for taxes paid into the Personal

24 Property Tax Replacement Fund.

25  In addition, moneys in the Personal Property Tax

26 Replacement Fund may be used to pay any of the following: (i)
    SB3019 Enrolled  - 127 - LRB104 20255 HLH 33706 b

1 salary, stipends, and additional compensation as provided by

2 law for chief election clerks, county clerks, and county

3 recorders; (ii) costs associated with regional offices of

4 education and educational service centers; (iii)

5 reimbursements payable by the State Board of Elections under

6 Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the

7 Election Code; (iv) expenses of the Illinois Educational Labor

8 Relations Board; and (v) salary, personal services, and

9 additional compensation as provided by law for court reporters

10 under the Court Reporters Act.

11  As soon as may be after June 26, 1980 (the effective date

12 of Public Act 81-1255), the Department of Revenue shall

13 certify to the Treasurer the amount of net replacement revenue

14 paid into the General Revenue Fund prior to that effective

15 date from the additional tax imposed by Section 2a.1 of the

16 Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;

17 Section 2a.1 of the Public Utilities Revenue Act; Section 3 of

18 the Water Company Invested Capital Tax Act; amounts collected

19 by the Department of Revenue under the Telecommunications

20 Infrastructure Maintenance Fee Act; and the additional

21 personal property tax replacement income tax imposed by the

22 Illinois Income Tax Act, as amended by Public Act 81-1st

23 Special Session-1. Net replacement revenue shall be defined as

24 the total amount paid into and remaining in the General

25 Revenue Fund as a result of those Acts minus the amount

26 outstanding and obligated from the General Revenue Fund in
   SB3019 Enrolled  - 128 - LRB104 20255 HLH 33706 b

1 state vouchers or warrants prior to June 26, 1980 (the

2 effective date of Public Act 81-1255) as refunds to taxpayers

3 for overpayment of liability under those Acts.

4  All interest earned by monies accumulated in the Personal

5 Property Tax Replacement Fund shall be deposited into such

6 Fund. All amounts allocated pursuant to this Section are

7 appropriated on a continuing basis.

8  Prior to December 31, 1980, as soon as may be after the end

9 of each quarter beginning with the quarter ending December 31,

10 1979, and on and after December 31, 1980, as soon as may be

11 after January 1, March 1, April 1, May 1, July 1, August 1,

12 October 1 and December 1 of each year, the Department of

13 Revenue shall allocate to each taxing district as defined in

14 Section 1-150 of the Property Tax Code, in accordance with the

15 provisions of paragraph (2) of this Section the portion of the

16 funds held in the Personal Property Tax Replacement Fund which

17 is required to be distributed, as provided in paragraph (1),

18 for each quarter. Provided, however, under no circumstances

19 shall any taxing district during each of the first 2 years of

20 distribution of the taxes imposed by Public Act 81-1st Special

21 Session-1 be entitled to an annual allocation which is less

22 than the funds such taxing district collected from the 1978

23 personal property tax. Provided further that under no

24 circumstances shall any taxing district during the third year

25 of distribution of the taxes imposed by Public Act 81-1st

26 Special Session-1 receive less than 60% of the funds such
    SB3019 Enrolled  - 129 - LRB104 20255 HLH 33706 b

1 taxing district collected from the 1978 personal property tax.

2 In the event that the total of the allocations made as above

3 provided for all taxing districts, during either of such 3

4 years, exceeds the amount available for distribution the

5 allocation of each taxing district shall be proportionately

6 reduced. Except as provided in Section 13 of this Act, the

7 Department shall then certify, pursuant to appropriation, such

8 allocations to the State Comptroller who shall pay over to the

9 several taxing districts the respective amounts allocated to

10 them.

11  Any township which receives an allocation based in whole

12 or in part upon personal property taxes which it levied

13 pursuant to Section 6-507 or 6-512 of the Illinois Highway

14 Code and which was previously required to be paid over to a

15 municipality shall immediately pay over to that municipality a

16 proportionate share of the personal property replacement funds

17 which such township receives.

18  Any municipality or township, other than a municipality

19 with a population in excess of 500,000, which receives an

20 allocation based in whole or in part on personal property

21 taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of

22 the Illinois Local Library Act and which was previously

23 required to be paid over to a public library shall immediately

24 pay over to that library a proportionate share of the personal

25 property tax replacement funds which such municipality or

26 township receives; provided that if such a public library has
    SB3019 Enrolled    - 130 - LRB104 20255 HLH 33706 b

1 converted to a library organized under the Illinois Public

2 Library District Act, regardless of whether such conversion

3 has occurred on, after or before January 1, 1988, such

4 proportionate share shall be immediately paid over to the

5 library district which maintains and operates the library.

6 However, any library that has converted prior to January 1,

7 1988, and which hitherto has not received the personal

8 property tax replacement funds, shall receive such funds

9 commencing on January 1, 1988.

10  Any township which receives an allocation based in whole

11 or in part on personal property taxes which it levied pursuant

12 to Section 1c of the Public Graveyards Act and which taxes were

13 previously required to be paid over to or used for such public

14 cemetery or cemeteries shall immediately pay over to or use

15 for such public cemetery or cemeteries a proportionate share

16 of the personal property tax replacement funds which the

17 township receives.

18  Any taxing district which receives an allocation based in

19 whole or in part upon personal property taxes which it levied

20 for another governmental body or school district in Cook

21 County in 1976 or for another governmental body or school

22 district in the remainder of the State in 1977 shall

23 immediately pay over to that governmental body or school

24 district the amount of personal property replacement funds

25 which such governmental body or school district would receive

26 directly under the provisions of paragraph (2) of this
    SB3019 Enrolled       - 131 - LRB104 20255 HLH 33706 b

1 Section, had it levied its own taxes.

2   (1) The portion of the Personal Property Tax

3   Replacement Fund required to be distributed as of the time

4   allocation is required to be made shall be the amount

5   available in such Fund as of the time allocation is

6   required to be made.

7   The amount available for distribution shall be the

8   total amount in the fund at such time minus the necessary

9   administrative and other authorized expenses as limited by

10  the appropriation and the amount determined by: (a) $2.8

11  million for fiscal year 1981; (b) for fiscal year 1982,

12  .54% of the funds distributed from the fund during the

13  preceding fiscal year; (c) for fiscal year 1983 through

14  fiscal year 1988, .54% of the funds distributed from the

15  fund during the preceding fiscal year less .02% of such

16  fund for fiscal year 1983 and less .02% of such funds for

17  each fiscal year thereafter; (d) for fiscal year 1989

18  through fiscal year 2011 no more than 105% of the actual

19  administrative expenses of the prior fiscal year; (e) for

20  fiscal year 2012 and beyond, a sufficient amount to pay

21  (i) stipends, additional compensation, salary

22  reimbursements, and other amounts directed to be paid out

23  of this Fund for local officials as authorized or required

24  by statute and (ii) the ordinary and contingent expenses

25  of the Property Tax Appeal Board and the expenses of the

26  Department of Revenue incurred in administering the
    SB3019 Enrolled  - 132 - LRB104 20255 HLH 33706 b

1   collection and distribution of moneys paid into the Fund;

2   (f) for fiscal years 2012 and 2013 only, a sufficient

3   amount to pay stipends, additional compensation, salary

4   reimbursements, and other amounts directed to be paid out

5   of this Fund for regional offices and officials as

6   authorized or required by statute; (g) for fiscal years

7   2018 through 2026 only, a sufficient amount to pay amounts

8   directed to be paid out of this Fund for public community

9   college base operating grants and local health protection

10  grants to certified local health departments as authorized

11  or required by appropriation or statute; and (h) for

12  fiscal year 2026 only, a sufficient amount to pay amounts

13  directed to be paid out of this Fund for costs associated

14  with the Illinois Century Network and broadband projects

15  as authorized or required by appropriation or statute.

16  Such portion of the fund shall be determined after the

17  transfer into the General Revenue Fund due to refunds, if

18  any, paid from the General Revenue Fund during the

19  preceding quarter. If at any time, for any reason, there

20  is insufficient amount in the Personal Property Tax

21  Replacement Fund for payments for regional offices and

22  officials or local officials or payment of costs of

23  administration or for transfers due to refunds at the end

24  of any particular month, the amount of such insufficiency

25  shall be carried over for the purposes of payments for

26  regional offices and officials, local officials, transfers
    SB3019 Enrolled  - 133 - LRB104 20255 HLH 33706 b

1   into the General Revenue Fund, and costs of administration

2   to the following month or months. Net replacement revenue

3   held, and defined above, shall be transferred by the

4   Treasurer and Comptroller to the Personal Property Tax

5   Replacement Fund within 10 days of such certification.

6   (2) Each quarterly allocation shall first be

7   apportioned in the following manner: 51.65% for taxing

8   districts in Cook County and 48.35% for taxing districts

9   in the remainder of the State.

10  The Personal Property Replacement Ratio of each taxing

11 district outside Cook County shall be the ratio which the Tax

12 Base of that taxing district bears to the Downstate Tax Base.

13 The Tax Base of each taxing district outside of Cook County is

14 the personal property tax collections for that taxing district

15 for the 1977 tax year. The Downstate Tax Base is the personal

16 property tax collections for all taxing districts in the State

17 outside of Cook County for the 1977 tax year. The Department of

18 Revenue shall have authority to review for accuracy and

19 completeness the personal property tax collections for each

20 taxing district outside Cook County for the 1977 tax year.

21  The Personal Property Replacement Ratio of each Cook

22 County taxing district shall be the ratio which the Tax Base of

23 that taxing district bears to the Cook County Tax Base. The Tax

24 Base of each Cook County taxing district is the personal

25 property tax collections for that taxing district for the 1976

26 tax year. The Cook County Tax Base is the personal property tax
    SB3019 Enrolled       - 134 - LRB104 20255 HLH 33706 b

1 collections for all taxing districts in Cook County for the

2 1976 tax year. The Department of Revenue shall have authority

3 to review for accuracy and completeness the personal property

4 tax collections for each taxing district within Cook County

5 for the 1976 tax year.

6   For all purposes of this Section 12, amounts paid to a

7 taxing district for such tax years as may be applicable by a

8 foreign corporation under the provisions of Section 7-202 of

9 the Public Utilities Act, as amended, shall be deemed to be

10 personal property taxes collected by such taxing district for

11 such tax years as may be applicable. The Director shall

12 determine from the Illinois Commerce Commission, for any tax

13 year as may be applicable, the amounts so paid by any such

14 foreign corporation to any and all taxing districts. The

15 Illinois Commerce Commission shall furnish such information to

16 the Director. For all purposes of this Section 12, the

17 Director shall deem such amounts to be collected personal

18 property taxes of each such taxing district for the applicable

19 tax year or years.

20  Taxing districts located both in Cook County and in one or

21 more other counties shall receive both a Cook County

22 allocation and a Downstate allocation determined in the same

23 way as all other taxing districts.

24  If any taxing district in existence on July 1, 1979 ceases

25 to exist, or discontinues its operations, its Tax Base shall

26 thereafter be deemed to be zero. If the powers, duties and
    SB3019 Enrolled     - 135 - LRB104 20255 HLH 33706 b

1 obligations of the discontinued taxing district are assumed by

2 another taxing district, the Tax Base of the discontinued

3 taxing district shall be added to the Tax Base of the taxing

4 district assuming such powers, duties and obligations.

5   If 2 or more taxing districts in existence on July 1, 1979,

6 or a successor or successors thereto shall consolidate into

7 one taxing district, the Tax Base of such consolidated taxing

8 district shall be the sum of the Tax Bases of each of the

9 taxing districts which have consolidated.

10  If a single taxing district in existence on July 1, 1979,

11 or a successor or successors thereto shall be divided into 2 or

12 more separate taxing districts, the tax base of the taxing

13 district so divided shall be allocated to each of the

14 resulting taxing districts in proportion to the then current

15 equalized assessed value of each resulting taxing district.

16  If a portion of the territory of a taxing district is

17 disconnected and annexed to another taxing district of the

18 same type, the Tax Base of the taxing district from which

19 disconnection was made shall be reduced in proportion to the

20 then current equalized assessed value of the disconnected

21 territory as compared with the then current equalized assessed

22 value within the entire territory of the taxing district prior

23 to disconnection, and the amount of such reduction shall be

24 added to the Tax Base of the taxing district to which

25 annexation is made.

26  If a community college district is created after July 1,
    SB3019 Enrolled  - 136 - LRB104 20255 HLH 33706 b

1 1979, beginning on January 1, 1996 (the effective date of

2 Public Act 89-327), its Tax Base shall be 3.5% of the sum of

3 the personal property tax collected for the 1977 tax year

4 within the territorial jurisdiction of the district.

5   The amounts allocated and paid to taxing districts

6 pursuant to the provisions of Public Act 81-1st Special

7 Session-1 shall be deemed to be substitute revenues for the

8 revenues derived from taxes imposed on personal property

9 pursuant to the provisions of the "Revenue Act of 1939" or "An

10 Act for the assessment and taxation of private car line

11 companies", approved July 22, 1943, as amended, or Section 414

12 of the Illinois Insurance Code, prior to the abolition of such

13 taxes and shall be used for the same purposes as the revenues

14 derived from ad valorem taxes on real estate.

15  Monies received by any taxing districts from the Personal

16 Property Tax Replacement Fund shall be first applied toward

17 payment of the proportionate amount of debt service which was

18 previously levied and collected from extensions against

19 personal property on bonds outstanding as of December 31, 1978

20 and next applied toward payment of the proportionate share of

21 the pension or retirement obligations of the taxing district

22 which were previously levied and collected from extensions

23 against personal property. For each such outstanding bond

24 issue, the County Clerk shall determine the percentage of the

25 debt service which was collected from extensions against real

26 estate in the taxing district for 1978 taxes payable in 1979,
    SB3019 Enrolled  - 137 - LRB104 20255 HLH 33706 b

 1 as related to the total amount of such levies and collections
 2 from extensions against both real and personal property. For
 3 1979 and subsequent years' taxes, the County Clerk shall levy
 4 and extend taxes against the real estate of each taxing
 5 district which will yield the said percentage or percentages
 6 of the debt service on such outstanding bonds. The balance of
 7 the amount necessary to fully pay such debt service shall
 8 constitute a first and prior lien upon the monies received by
 9 each such taxing district through the Personal Property Tax
10 Replacement Fund and shall be first applied or set aside for
11 such purpose. In counties having fewer than 3,000,000
12 inhabitants, the amendments to this paragraph as made by
13 Public Act 81-1255 shall be first applicable to 1980 taxes to
14 be collected in 1981.
15 (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; 104-2,
16 eff. 6-16-25.)

17  Section 70-20. The Illinois Coal Technology Development

18 Assistance Act is amended by changing Section 3 as follows:

19  (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)

20  Sec. 3. Transfers to Coal Technology Development

21 Assistance Fund.

22  (a) As soon as may be practicable after the first day of

23 each month, the Department of Revenue shall certify to the

24 Treasurer an amount equal to 1/64 of the revenue realized from
    SB3019 Enrolled  - 138 - LRB104 20255 HLH 33706 b

1 the tax imposed by the Electricity Excise Tax Law, Section 2 of

2 the Public Utilities Revenue Act, Section 2 of the Messages

3 Tax Act, and Section 2 of the Gas Revenue Tax Act, during the

4 preceding month. Upon receipt of the certification, the

5 Treasurer shall transfer the amount shown on such

6 certification from the General Revenue Fund to the Coal

7 Technology Development Assistance Fund, which is hereby

8 created as a special fund in the State treasury, except that no

9 transfer shall be made in any month in which the Fund has

10 reached the following balance:

11  (1) (Blank).

12  (2) (Blank).

13  (3) (Blank).

14  (4) (Blank).

15  (5) (Blank).

16  (6) Expect as otherwise provided in subsection (b),

17  during fiscal year 2006 and each fiscal year thereafter,

18  an amount equal to the sum of $10,000,000 plus additional

19  moneys deposited into the Coal Technology Development

20  Assistance Fund from the Renewable Energy Resources and

21  Coal Technology Development Assistance Charge under

22  Section 6.5 of the Renewable Energy, Energy Efficiency,

23  and Coal Resources Development Law of 1997.

24  (b) During fiscal years 2019 through 2022 only, the

25 Treasurer shall make no transfers from the General Revenue

26 Fund to the Coal Technology Development Assistance Fund.
    SB3019 Enrolled    - 139 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2 102-16, eff. 6-17-21.)

3   Section 70-25. The Use Tax Act is amended by changing

4 Sections 3-5, 3-10, and 12 as follows:

5   (35 ILCS 105/3-5)

6   Sec. 3-5. Exemptions. Use, which, on and after January 1,

7 2025, includes use by a lessee, of the following tangible

8 personal property is exempt from the tax imposed by this Act:

9   (1) Personal property purchased from a corporation,

10 society, association, foundation, institution, or

11 organization, other than a limited liability company, that is

12 organized and operated as a not-for-profit service enterprise

13 for the benefit of persons 65 years of age or older if the

14 personal property was not purchased by the enterprise for the

15 purpose of resale by the enterprise.

16  (2) Personal property purchased by a not-for-profit

17 Illinois county fair association for use in conducting,

18 operating, or promoting the county fair.

19  (3) Personal property purchased by a not-for-profit arts

20 or cultural organization that establishes, by proof required

21 by the Department by rule, that it has received an exemption

22 under Section 501(c)(3) of the Internal Revenue Code and that

23 is organized and operated primarily for the presentation or

24 support of arts or cultural programming, activities, or
    SB3019 Enrolled   - 140 - LRB104 20255 HLH 33706 b

1 services. These organizations include, but are not limited to,

2 music and dramatic arts organizations such as symphony

3 orchestras and theatrical groups, arts and cultural service

4 organizations, local arts councils, visual arts organizations,

5 and media arts organizations. On and after July 1, 2001 (the

6 effective date of Public Act 92-35), however, an entity

7 otherwise eligible for this exemption shall not make tax-free

8 purchases unless it has an active identification number issued

9 by the Department.

10  (4) Except as otherwise provided in this Act, personal

11 property purchased by a governmental body, by a corporation,

12 society, association, foundation, or institution organized and

13 operated exclusively for charitable, religious, or educational

14 purposes, or by a not-for-profit corporation, society,

15 association, foundation, institution, or organization that has

16 no compensated officers or employees and that is organized and

17 operated primarily for the recreation of persons 55 years of

18 age or older. A limited liability company may qualify for the

19 exemption under this paragraph only if the limited liability

20 company is organized and operated exclusively for educational

21 purposes. On and after July 1, 1987, however, no entity

22 otherwise eligible for this exemption shall make tax-free

23 purchases unless it has an active exemption identification

24 number issued by the Department.

25  (5) Until July 1, 2003, a passenger car that is a

26 replacement vehicle to the extent that the purchase price of
    SB3019 Enrolled       - 141 - LRB104 20255 HLH 33706 b

1 the car is subject to the Replacement Vehicle Tax.

2   (6) Until July 1, 2003 and beginning again on September 1,

3 2004 through August 30, 2014, graphic arts machinery and

4 equipment, including repair and replacement parts, both new

5 and used, and including that manufactured on special order,

6 certified by the purchaser to be used primarily for graphic

7 arts production, and including machinery and equipment

8 purchased for lease. Equipment includes chemicals or chemicals

9 acting as catalysts but only if the chemicals or chemicals

10 acting as catalysts effect a direct and immediate change upon

11 a graphic arts product. Beginning on July 1, 2017, graphic

12 arts machinery and equipment is included in the manufacturing

13 and assembling machinery and equipment exemption under

14 paragraph (18).

15  (7) Farm chemicals.

16  (8) Legal tender, currency, medallions, or gold or silver

17 coinage issued by the State of Illinois, the government of the

18 United States of America, or the government of any foreign

19 country, and bullion.

20  (9) Personal property purchased from a teacher-sponsored

21 student organization affiliated with an elementary or

22 secondary school located in Illinois.

23  (10) A motor vehicle that is used for automobile renting,

24 as defined in the Automobile Renting Occupation and Use Tax

25 Act.

26  (11) Farm machinery and equipment, both new and used,
    SB3019 Enrolled  - 142 - LRB104 20255 HLH 33706 b

1 including that manufactured on special order, certified by the

2 purchaser to be used primarily for production agriculture or

3 State or federal agricultural programs, including individual

4 replacement parts for the machinery and equipment, including

5 machinery and equipment purchased for lease, and including

6 implements of husbandry defined in Section 1-130 of the

7 Illinois Vehicle Code, farm machinery and agricultural

8 chemical and fertilizer spreaders, and nurse wagons required

9 to be registered under Section 3-809 of the Illinois Vehicle

10 Code, but excluding other motor vehicles required to be

11 registered under the Illinois Vehicle Code. Horticultural

12 polyhouses or hoop houses used for propagating, growing, or

13 overwintering plants shall be considered farm machinery and

14 equipment under this item (11). Agricultural chemical tender

15 tanks and dry boxes shall include units sold separately from a

16 motor vehicle required to be licensed and units sold mounted

17 on a motor vehicle required to be licensed if the selling price

18 of the tender is separately stated.

19  Farm machinery and equipment shall include precision

20 farming equipment that is installed or purchased to be

21 installed on farm machinery and equipment, including, but not

22 limited to, tractors, harvesters, sprayers, planters, seeders,

23 or spreaders. Precision farming equipment includes, but is not

24 limited to, soil testing sensors, computers, monitors,

25 software, global positioning and mapping systems, and other

26 such equipment.
    SB3019 Enrolled        - 143 - LRB104 20255 HLH 33706 b

1   Farm machinery and equipment also includes computers,

2 sensors, software, and related equipment used primarily in the

3 computer-assisted operation of production agriculture

4 facilities, equipment, and activities such as, but not limited

5 to, the collection, monitoring, and correlation of animal and

6 crop data for the purpose of formulating animal diets and

7 agricultural chemicals.

8   Beginning on January 1, 2024, farm machinery and equipment

9 also includes electrical power generation equipment used

10 primarily for production agriculture.

11  This item (11) is exempt from the provisions of Section

12 3-90.

13  (12) Until June 30, 2013, fuel and petroleum products sold

14 to or used by an air common carrier, certified by the carrier

15 to be used for consumption, shipment, or storage in the

16 conduct of its business as an air common carrier, for a flight

17 destined for or returning from a location or locations outside

18 the United States without regard to previous or subsequent

19 domestic stopovers.

20  Beginning July 1, 2013, fuel and petroleum products sold

21 to or used by an air carrier, certified by the carrier to be

22 used for consumption, shipment, or storage in the conduct of

23 its business as an air common carrier, for a flight that (i) is

24 engaged in foreign trade or is engaged in trade between the

25 United States and any of its possessions and (ii) transports

26 at least one individual or package for hire from the city of
    SB3019 Enrolled  - 144 - LRB104 20255 HLH 33706 b

1 origination to the city of final destination on the same

2 aircraft, without regard to a change in the flight number of

3 that aircraft.

4   (13) Proceeds of mandatory service charges separately

5 stated on customers' bills for the purchase and consumption of

6 food and beverages purchased at retail from a retailer, to the

7 extent that the proceeds of the service charge are in fact

8 turned over as tips or as a substitute for tips to the

9 employees who participate directly in preparing, serving,

10 hosting or cleaning up the food or beverage function with

11 respect to which the service charge is imposed.

12  (14) Until July 1, 2003, oil field exploration, drilling,

13 and production equipment, including (i) rigs and parts of

14 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

15 pipe and tubular goods, including casing and drill strings,

16 (iii) pumps and pump-jack units, (iv) storage tanks and flow

17 lines, (v) any individual replacement part for oil field

18 exploration, drilling, and production equipment, and (vi)

19 machinery and equipment purchased for lease; but excluding

20 motor vehicles required to be registered under the Illinois

21 Vehicle Code.

22  (15) Photoprocessing machinery and equipment, including

23 repair and replacement parts, both new and used, including

24 that manufactured on special order, certified by the purchaser

25 to be used primarily for photoprocessing, and including

26 photoprocessing machinery and equipment purchased for lease.
    SB3019 Enrolled  - 145 - LRB104 20255 HLH 33706 b

1   (16) Until July 1, 2028, coal and aggregate exploration,

2 mining, off-highway hauling, processing, maintenance, and

3 reclamation equipment, including replacement parts and

4 equipment, and including equipment purchased for lease, but

5 excluding motor vehicles required to be registered under the

6 Illinois Vehicle Code. The changes made to this Section by

7 Public Act 97-767 apply on and after July 1, 2003, but no claim

8 for credit or refund is allowed on or after August 16, 2013

9 (the effective date of Public Act 98-456) for such taxes paid

10 during the period beginning July 1, 2003 and ending on August

11 16, 2013 (the effective date of Public Act 98-456).

12  (17) Until July 1, 2003, distillation machinery and

13 equipment, sold as a unit or kit, assembled or installed by the

14 retailer, certified by the user to be used only for the

15 production of ethyl alcohol that will be used for consumption

16 as motor fuel or as a component of motor fuel for the personal

17 use of the user, and not subject to sale or resale.

18  (18) Manufacturing and assembling machinery and equipment

19 used primarily in the process of manufacturing or assembling

20 tangible personal property for wholesale or retail sale or

21 lease, whether that sale or lease is made directly by the

22 manufacturer or by some other person, whether the materials

23 used in the process are owned by the manufacturer or some other

24 person, or whether that sale or lease is made apart from or as

25 an incident to the seller's engaging in the service occupation

26 of producing machines, tools, dies, jigs, patterns, gauges, or
    SB3019 Enrolled  - 146 - LRB104 20255 HLH 33706 b

1 other similar items of no commercial value on special order

2 for a particular purchaser. The exemption provided by this

3 paragraph (18) includes production related tangible personal

4 property, as defined in Section 3-50, purchased on or after

5 July 1, 2019. The exemption provided by this paragraph (18)

6 does not include machinery and equipment used in (i) the

7 generation of electricity for wholesale or retail sale; (ii)

8 the generation or treatment of natural or artificial gas for

9 wholesale or retail sale that is delivered to customers

10 through pipes, pipelines, or mains; or (iii) the treatment of

11 water for wholesale or retail sale that is delivered to

12 customers through pipes, pipelines, or mains. The provisions

13 of Public Act 98-583 are declaratory of existing law as to the

14 meaning and scope of this exemption. Beginning on July 1,

15 2017, the exemption provided by this paragraph (18) includes,

16 but is not limited to, graphic arts machinery and equipment,

17 as defined in paragraph (6) of this Section.

18  (19) Personal property delivered to a purchaser or

19 purchaser's donee inside Illinois when the purchase order for

20 that personal property was received by a florist located

21 outside Illinois who has a florist located inside Illinois

22 deliver the personal property.

23  (20) Semen used for artificial insemination of livestock

24 for direct agricultural production.

25  (21) Horses, or interests in horses, registered with and

26 meeting the requirements of any of the Arabian Horse Club
    SB3019 Enrolled  - 147 - LRB104 20255 HLH 33706 b

1 Registry of America, Appaloosa Horse Club, American Quarter

2 Horse Association, United States Trotting Association, or

3 Jockey Club, as appropriate, used for purposes of breeding or

4 racing for prizes. This item (21) is exempt from the

5 provisions of Section 3-90, and the exemption provided for

6 under this item (21) applies for all periods beginning May 30,

7 1995, but no claim for credit or refund is allowed on or after

8 January 1, 2008 for such taxes paid during the period

9 beginning May 30, 2000 and ending on January 1, 2008.

10  (22) Computers and communications equipment utilized for

11 any hospital purpose and equipment used in the diagnosis,

12 analysis, or treatment of hospital patients purchased by a

13 lessor who leases the equipment, under a lease of one year or

14 longer executed or in effect at the time the lessor would

15 otherwise be subject to the tax imposed by this Act, to a

16 hospital that has been issued an active tax exemption

17 identification number by the Department under Section 1g of

18 the Retailers' Occupation Tax Act. If the equipment is leased

19 in a manner that does not qualify for this exemption or is used

20 in any other non-exempt manner, the lessor shall be liable for

21 the tax imposed under this Act or the Service Use Tax Act, as

22 the case may be, based on the fair market value of the property

23 at the time the non-qualifying use occurs. No lessor shall

24 collect or attempt to collect an amount (however designated)

25 that purports to reimburse that lessor for the tax imposed by

26 this Act or the Service Use Tax Act, as the case may be, if the
   SB3019 Enrolled  - 148 - LRB104 20255 HLH 33706 b

1 tax has not been paid by the lessor. If a lessor improperly

2 collects any such amount from the lessee, the lessee shall

3 have a legal right to claim a refund of that amount from the

4 lessor. If, however, that amount is not refunded to the lessee

5 for any reason, the lessor is liable to pay that amount to the

6 Department.

7  (23) Personal property purchased by a lessor who leases

8 the property, under a lease of one year or longer executed or

9 in effect at the time the lessor would otherwise be subject to

10 the tax imposed by this Act, to a governmental body that has

11 been issued an active sales tax exemption identification

12 number by the Department under Section 1g of the Retailers'

13 Occupation Tax Act. If the property is leased in a manner that

14 does not qualify for this exemption or used in any other

15 non-exempt manner, the lessor shall be liable for the tax

16 imposed under this Act or the Service Use Tax Act, as the case

17 may be, based on the fair market value of the property at the

18 time the non-qualifying use occurs. No lessor shall collect or

19 attempt to collect an amount (however designated) that

20 purports to reimburse that lessor for the tax imposed by this

21 Act or the Service Use Tax Act, as the case may be, if the tax

22 has not been paid by the lessor. If a lessor improperly

23 collects any such amount from the lessee, the lessee shall

24 have a legal right to claim a refund of that amount from the

25 lessor. If, however, that amount is not refunded to the lessee

26 for any reason, the lessor is liable to pay that amount to the
    SB3019 Enrolled  - 149 - LRB104 20255 HLH 33706 b

1 Department.

2   (24) Beginning with taxable years ending on or after

3 December 31, 1995 and ending with taxable years ending on or

4 before December 31, 2004, personal property that is donated

5 for disaster relief to be used in a State or federally declared

6 disaster area in Illinois or bordering Illinois by a

7 manufacturer or retailer that is registered in this State to a

8 corporation, society, association, foundation, or institution

9 that has been issued a sales tax exemption identification

10 number by the Department that assists victims of the disaster

11 who reside within the declared disaster area.

12  (25) Beginning with taxable years ending on or after

13 December 31, 1995 and ending with taxable years ending on or

14 before December 31, 2004, personal property that is used in

15 the performance of infrastructure repairs in this State,

16 including, but not limited to, municipal roads and streets,

17 access roads, bridges, sidewalks, waste disposal systems,

18 water and sewer line extensions, water distribution and

19 purification facilities, storm water drainage and retention

20 facilities, and sewage treatment facilities, resulting from a

21 State or federally declared disaster in Illinois or bordering

22 Illinois when such repairs are initiated on facilities located

23 in the declared disaster area within 6 months after the

24 disaster.

25  (26) Beginning July 1, 1999, game or game birds purchased

26 at a "game breeding and hunting preserve area" as that term is
    SB3019 Enrolled            - 150 - LRB104 20255 HLH 33706 b

1 used in the Wildlife Code. This paragraph is exempt from the

2 provisions of Section 3-90.

3   (27) A motor vehicle, as that term is defined in Section

4 1-146 of the Illinois Vehicle Code, that is donated to a

5 corporation, limited liability company, society, association,

6 foundation, or institution that is determined by the

7 Department to be organized and operated exclusively for

8 educational purposes. For purposes of this exemption, "a

9 corporation, limited liability company, society, association,

10 foundation, or institution organized and operated exclusively

11 for educational purposes" means all tax-supported public

12 schools, private schools that offer systematic instruction in

13 useful branches of learning by methods common to public

14 schools and that compare favorably in their scope and

15 intensity with the course of study presented in tax-supported

16 schools, and vocational or technical schools or institutes

17 organized and operated exclusively to provide a course of

18 study of not less than 6 weeks duration and designed to prepare

19 individuals to follow a trade or to pursue a manual,

20 technical, mechanical, industrial, business, or commercial

21 occupation.

22  (28) Beginning January 1, 2000, personal property,

23 including food, purchased through fundraising events for the

24 benefit of a public or private elementary or secondary school,

25 a group of those schools, or one or more school districts if

26 the events are sponsored by an entity recognized by the school
    SB3019 Enrolled  - 151 - LRB104 20255 HLH 33706 b

1 district that consists primarily of volunteers and includes

2 parents and teachers of the school children. This paragraph

3 does not apply to fundraising events (i) for the benefit of

4 private home instruction or (ii) for which the fundraising

5 entity purchases the personal property sold at the events from

6 another individual or entity that sold the property for the

7 purpose of resale by the fundraising entity and that profits

8 from the sale to the fundraising entity. This paragraph is

9 exempt from the provisions of Section 3-90.

10  (29) Beginning January 1, 2000 and through December 31,

11 2001, new or used automatic vending machines that prepare and

12 serve hot food and beverages, including coffee, soup, and

13 other items, and replacement parts for these machines.

14 Beginning January 1, 2002 and through June 30, 2003, machines

15 and parts for machines used in commercial, coin-operated

16 amusement and vending business if a use or occupation tax is

17 paid on the gross receipts derived from the use of the

18 commercial, coin-operated amusement and vending machines. This

19 paragraph is exempt from the provisions of Section 3-90.

20  (30) Beginning January 1, 2001 and through June 30, 2016,

21 food for human consumption that is to be consumed off the

22 premises where it is sold (other than alcoholic beverages,

23 soft drinks, and food that has been prepared for immediate

24 consumption) and prescription and nonprescription medicines,

25 drugs, medical appliances, and insulin, urine testing

26 materials, syringes, and needles used by diabetics, for human
   SB3019 Enrolled  - 152 - LRB104 20255 HLH 33706 b

1 use, when purchased for use by a person receiving medical

2 assistance under Article V of the Illinois Public Aid Code who

3 resides in a licensed long-term care facility, as defined in

4 the Nursing Home Care Act, or in a licensed facility as defined

5 in the ID/DD Community Care Act, the MC/DD Act, or the

6 Specialized Mental Health Rehabilitation Act of 2013.

7  (31) Beginning on August 2, 2001 (the effective date of

8 Public Act 92-227), computers and communications equipment

9 utilized for any hospital purpose and equipment used in the

10 diagnosis, analysis, or treatment of hospital patients

11 purchased by a lessor who leases the equipment, under a lease

12 of one year or longer executed or in effect at the time the

13 lessor would otherwise be subject to the tax imposed by this

14 Act, to a hospital that has been issued an active tax exemption

15 identification number by the Department under Section 1g of

16 the Retailers' Occupation Tax Act. If the equipment is leased

17 in a manner that does not qualify for this exemption or is used

18 in any other nonexempt manner, the lessor shall be liable for

19 the tax imposed under this Act or the Service Use Tax Act, as

20 the case may be, based on the fair market value of the property

21 at the time the nonqualifying use occurs. No lessor shall

22 collect or attempt to collect an amount (however designated)

23 that purports to reimburse that lessor for the tax imposed by

24 this Act or the Service Use Tax Act, as the case may be, if the

25 tax has not been paid by the lessor. If a lessor improperly

26 collects any such amount from the lessee, the lessee shall
   SB3019 Enrolled  - 153 - LRB104 20255 HLH 33706 b

1 have a legal right to claim a refund of that amount from the

2 lessor. If, however, that amount is not refunded to the lessee

3 for any reason, the lessor is liable to pay that amount to the

4 Department. This paragraph is exempt from the provisions of

5 Section 3-90.

6  (32) Beginning on August 2, 2001 (the effective date of

7 Public Act 92-227), personal property purchased by a lessor

8 who leases the property, under a lease of one year or longer

9 executed or in effect at the time the lessor would otherwise be

10 subject to the tax imposed by this Act, to a governmental body

11 that has been issued an active sales tax exemption

12 identification number by the Department under Section 1g of

13 the Retailers' Occupation Tax Act. If the property is leased

14 in a manner that does not qualify for this exemption or used in

15 any other nonexempt manner, the lessor shall be liable for the

16 tax imposed under this Act or the Service Use Tax Act, as the

17 case may be, based on the fair market value of the property at

18 the time the nonqualifying use occurs. No lessor shall collect

19 or attempt to collect an amount (however designated) that

20 purports to reimburse that lessor for the tax imposed by this

21 Act or the Service Use Tax Act, as the case may be, if the tax

22 has not been paid by the lessor. If a lessor improperly

23 collects any such amount from the lessee, the lessee shall

24 have a legal right to claim a refund of that amount from the

25 lessor. If, however, that amount is not refunded to the lessee

26 for any reason, the lessor is liable to pay that amount to the
    SB3019 Enrolled  - 154 - LRB104 20255 HLH 33706 b

1 Department. This paragraph is exempt from the provisions of

2 Section 3-90.

3   (33) On and after July 1, 2003 and through June 30, 2004,

4 the use in this State of motor vehicles of the second division

5 with a gross vehicle weight in excess of 8,000 pounds and that

6 are subject to the commercial distribution fee imposed under

7 Section 3-815.1 of the Illinois Vehicle Code. Beginning on

8 July 1, 2004 and through June 30, 2005, the use in this State

9 of motor vehicles of the second division: (i) with a gross

10 vehicle weight rating in excess of 8,000 pounds; (ii) that are

11 subject to the commercial distribution fee imposed under

12 Section 3-815.1 of the Illinois Vehicle Code; and (iii) that

13 are primarily used for commercial purposes. Through June 30,

14 2005, this exemption applies to repair and replacement parts

15 added after the initial purchase of such a motor vehicle if

16 that motor vehicle is used in a manner that would qualify for

17 the rolling stock exemption otherwise provided for in this

18 Act. For purposes of this paragraph, the term "used for

19 commercial purposes" means the transportation of persons or

20 property in furtherance of any commercial or industrial

21 enterprise, whether for-hire or not.

22  (34) Beginning January 1, 2008, tangible personal property

23 used in the construction or maintenance of a community water

24 supply, as defined under Section 3.145 of the Environmental

25 Protection Act, that is operated by a not-for-profit

26 corporation that holds a valid water supply permit issued
    SB3019 Enrolled  - 155 - LRB104 20255 HLH 33706 b

1 under Title IV of the Environmental Protection Act. This

2 paragraph is exempt from the provisions of Section 3-90.

3   (35) Beginning January 1, 2010 and continuing through

4 December 31, 2029, materials, parts, equipment, components,

5 and furnishings incorporated into or upon an aircraft as part

6 of the modification, refurbishment, completion, replacement,

7 repair, or maintenance of the aircraft. This exemption

8 includes consumable supplies used in the modification,

9 refurbishment, completion, replacement, repair, and

10 maintenance of aircraft. However, until January 1, 2024, this

11 exemption excludes any materials, parts, equipment,

12 components, and consumable supplies used in the modification,

13 replacement, repair, and maintenance of aircraft engines or

14 power plants, whether such engines or power plants are

15 installed or uninstalled upon any such aircraft. "Consumable

16 supplies" include, but are not limited to, adhesive, tape,

17 sandpaper, general purpose lubricants, cleaning solution,

18 latex gloves, and protective films.

19  Beginning January 1, 2010 and continuing through December

20 31, 2023, this exemption applies only to the use of qualifying

21 tangible personal property by persons who modify, refurbish,

22 complete, repair, replace, or maintain aircraft and who (i)

23 hold an Air Agency Certificate and are empowered to operate an

24 approved repair station by the Federal Aviation

25 Administration, (ii) have a Class IV Rating, and (iii) conduct

26 operations in accordance with Part 145 of the Federal Aviation
    SB3019 Enrolled  - 156 - LRB104 20255 HLH 33706 b

1 Regulations. From January 1, 2024 through December 31, 2029,

2 this exemption applies only to the use of qualifying tangible

3 personal property by: (A) persons who modify, refurbish,

4 complete, repair, replace, or maintain aircraft and who (i)

5 hold an Air Agency Certificate and are empowered to operate an

6 approved repair station by the Federal Aviation

7 Administration, (ii) have a Class IV Rating, and (iii) conduct

8 operations in accordance with Part 145 of the Federal Aviation

9 Regulations; and (B) persons who engage in the modification,

10 replacement, repair, and maintenance of aircraft engines or

11 power plants without regard to whether or not those persons

12 meet the qualifications of item (A).

13  The exemption does not include aircraft operated by a

14 commercial air carrier providing scheduled passenger air

15 service pursuant to authority issued under Part 121 or Part

16 129 of the Federal Aviation Regulations. The changes made to

17 this paragraph (35) by Public Act 98-534 are declarative of

18 existing law. It is the intent of the General Assembly that the

19 exemption under this paragraph (35) applies continuously from

20 January 1, 2010 through December 31, 2024; however, no claim

21 for credit or refund is allowed for taxes paid as a result of

22 the disallowance of this exemption on or after January 1, 2015

23 and prior to February 5, 2020 (the effective date of Public Act

24 101-629).

25  (36) Tangible personal property purchased by a

26 public-facilities corporation, as described in Section
    SB3019 Enrolled  - 157 - LRB104 20255 HLH 33706 b

1 11-65-10 of the Illinois Municipal Code, for purposes of

2 constructing or furnishing a municipal convention hall, but

3 only if the legal title to the municipal convention hall is

4 transferred to the municipality without any further

5 consideration by or on behalf of the municipality at the time

6 of the completion of the municipal convention hall or upon the

7 retirement or redemption of any bonds or other debt

8 instruments issued by the public-facilities corporation in

9 connection with the development of the municipal convention

10 hall. This exemption includes existing public-facilities

11 corporations as provided in Section 11-65-25 of the Illinois

12 Municipal Code. This paragraph is exempt from the provisions

13 of Section 3-90.

14  (37) Beginning January 1, 2017 and through December 31,

15 2026, menstrual pads, tampons, and menstrual cups.

16  (38) Merchandise that is subject to the Rental Purchase

17 Agreement Occupation and Use Tax. The purchaser must certify

18 that the item is purchased to be rented subject to a

19 rental-purchase agreement, as defined in the Rental-Purchase

20 Agreement Act, and provide proof of registration under the

21 Rental Purchase Agreement Occupation and Use Tax Act. This

22 paragraph is exempt from the provisions of Section 3-90.

23  (39) Tangible personal property purchased by a purchaser

24 who is exempt from the tax imposed by this Act by operation of

25 federal law. This paragraph is exempt from the provisions of

26 Section 3-90.
    SB3019 Enrolled         - 158 - LRB104 20255 HLH 33706 b

1   (40) Qualified tangible personal property used in the

2 construction or operation of a data center that has been

3 granted a certificate of exemption by the Department of

4 Commerce and Economic Opportunity, whether that tangible

5 personal property is purchased by the owner, operator, or

6 tenant of the data center or by a contractor or subcontractor

7 of the owner, operator, or tenant. Data centers that would

8 have qualified for a certificate of exemption prior to January

9 1, 2020 had Public Act 101-31 been in effect may apply for and

10 obtain an exemption for subsequent purchases of computer

11 equipment or enabling software purchased or leased to upgrade,

12 supplement, or replace computer equipment or enabling software

13 purchased or leased in the original investment that would have

14 qualified.

15  The Department of Commerce and Economic Opportunity shall

16 grant a certificate of exemption under this item (40) to

17 qualified data centers as defined by Section 605-1025 of the

18 Department of Commerce and Economic Opportunity Law of the

19 Civil Administrative Code of Illinois.

20  For the purposes of this item (40):

21  "Data center" means a building or a series of

22  buildings rehabilitated or constructed to house working

23  servers in one physical location or multiple sites within

24  the State of Illinois.

25  "Qualified tangible personal property" means:

26  electrical systems and equipment; climate control and
    SB3019 Enrolled        - 159 - LRB104 20255 HLH 33706 b

1   chilling equipment and systems; mechanical systems and

2   equipment; monitoring and secure systems; emergency

3   generators; hardware; computers; servers; data storage

4   devices; network connectivity equipment; racks; cabinets;

5   telecommunications cabling infrastructure; raised floor

6   systems; peripheral components or systems; software;

7   mechanical, electrical, or plumbing systems; battery

8   systems; cooling systems and towers; temperature control

9   systems; other cabling; and other data center

10  infrastructure equipment and systems necessary to operate

11  qualified tangible personal property, including fixtures;

12  and component parts of any of the foregoing, including

13  installation, maintenance, repair, refurbishment, and

14  replacement of qualified tangible personal property to

15  generate, transform, transmit, distribute, or manage

16  electricity necessary to operate qualified tangible

17  personal property; and all other tangible personal

18  property that is essential to the operations of a computer

19  data center. The term "qualified tangible personal

20  property" also includes building materials physically

21  incorporated into the qualifying data center. To document

22  the exemption allowed under this Section, the retailer

23  must obtain from the purchaser a copy of the certificate

24  of eligibility issued by the Department of Commerce and

25  Economic Opportunity.

26  This item (40) is exempt from the provisions of Section
    SB3019 Enrolled        - 160 - LRB104 20255 HLH 33706 b

1 3-90.

2   (41) Beginning July 1, 2022, breast pumps, breast pump

3 collection and storage supplies, and breast pump kits. This

4 item (41) is exempt from the provisions of Section 3-90. As

5 used in this item (41):

6        "Breast pump" means an electrically controlled or

7   manually controlled pump device designed or marketed to be

8   used to express milk from a human breast during lactation,

9   including the pump device and any battery, AC adapter, or

10  other power supply unit that is used to power the pump

11  device and is packaged and sold with the pump device at the

12  time of sale.

13       "Breast pump collection and storage supplies" means

14  items of tangible personal property designed or marketed

15  to be used in conjunction with a breast pump to collect

16  milk expressed from a human breast and to store collected

17  milk until it is ready for consumption.

18       "Breast pump collection and storage supplies"

19  includes, but is not limited to: breast shields and breast

20  shield connectors; breast pump tubes and tubing adapters;

21  breast pump valves and membranes; backflow protectors and

22  backflow protector adaptors; bottles and bottle caps

23  specific to the operation of the breast pump; and breast

24  milk storage bags.

25       "Breast pump collection and storage supplies" does not

26  include: (1) bottles and bottle caps not specific to the
    SB3019 Enrolled  - 161 - LRB104 20255 HLH 33706 b

1   operation of the breast pump; (2) breast pump travel bags

2   and other similar carrying accessories, including ice

3   packs, labels, and other similar products; (3) breast pump

4   cleaning supplies; (4) nursing bras, bra pads, breast

5   shells, and other similar products; and (5) creams,

6   ointments, and other similar products that relieve

7   breastfeeding-related symptoms or conditions of the

8   breasts or nipples, unless sold as part of a breast pump

9   kit that is pre-packaged by the breast pump manufacturer

10  or distributor.

11  "Breast pump kit" means a kit that: (1) contains no

12  more than a breast pump, breast pump collection and

13  storage supplies, a rechargeable battery for operating the

14  breast pump, a breastmilk cooler, bottle stands, ice

15  packs, and a breast pump carrying case; and (2) is

16  pre-packaged as a breast pump kit by the breast pump

17  manufacturer or distributor.

18  (42) Tangible personal property sold by or on behalf of

19 the State Treasurer pursuant to the Revised Uniform Unclaimed

20 Property Act. This item (42) is exempt from the provisions of

21 Section 3-90.

22  (43) Beginning on January 1, 2024, tangible personal

23 property purchased by an active duty member of the armed

24 forces of the United States who presents valid military

25 identification and purchases the property using a form of

26 payment where the federal government is the payor. The member
    SB3019 Enrolled    - 162 - LRB104 20255 HLH 33706 b

1 of the armed forces must complete, at the point of sale, a form

2 prescribed by the Department of Revenue documenting that the

3 transaction is eligible for the exemption under this

4 paragraph. Retailers must keep the form as documentation of

5 the exemption in their records for a period of not less than 6

6 years. "Armed forces of the United States" means the United

7 States Army, Navy, Air Force, Space Force, Marine Corps, or

8 Coast Guard. This paragraph is exempt from the provisions of

9 Section 3-90.

10  (44) Beginning July 1, 2024, home-delivered meals provided

11 to Medicare or Medicaid recipients when payment is made by an

12 intermediary, such as a Medicare Administrative Contractor, a

13 Managed Care Organization, or a Medicare Advantage

14 Organization, pursuant to a government contract. This item

15 (44) is exempt from the provisions of Section 3-90.

16  (45) Beginning on January 1, 2026, as further defined in

17 Section 3-10, food for human consumption that is to be

18 consumed off the premises where it is sold (other than

19 alcoholic liquor taxable under Section 8-1 of the Liquor

20 Control Act of 1934 beverages, food consisting of or infused

21 with adult use cannabis, soft drinks, candy, and food that has

22 been prepared for immediate consumption). This item (45) is

23 exempt from the provisions of Section 3-90.

24  (46) Use by the lessee of the following leased tangible

25 personal property:

26  (1) software transferred subject to a license that
    SB3019 Enrolled    - 163 - LRB104 20255 HLH 33706 b

1   meets the following requirements:

2   (A) it is evidenced by a written agreement signed

3   by the licensor and the customer;

4                    (i) an electronic agreement in which the

5   customer accepts the license by means of an

6   electronic signature that is verifiable and can be

7   authenticated and is attached to or made part of

8   the license will comply with this requirement;

9                    (ii) a license agreement in which the customer

10  electronically accepts the terms by clicking "I

11  agree" does not comply with this requirement;

12  (B) it restricts the customer's duplication and

13  use of the software;

14  (C) it prohibits the customer from licensing,

15  sublicensing, or transferring the software to a third

16  party (except to a related party) without the

17  permission and continued control of the licensor;

18  (D) the licensor has a policy of providing another

19  copy at minimal or no charge if the customer loses or

20  damages the software, or of permitting the licensee to

21  make and keep an archival copy, and such policy is

22  either stated in the license agreement, supported by

23  the licensor's books and records, or supported by a

24  notarized statement made under penalties of perjury by

25  the licensor; and

26  (E) the customer must destroy or return all copies
    SB3019 Enrolled   - 164 - LRB104 20255 HLH 33706 b

1   of the software to the licensor at the end of the

2   license period; this provision is deemed to be met, in

3   the case of a perpetual license, without being set

4   forth in the license agreement; and

5   (2) property that is subject to a tax on lease

6   receipts imposed by a home rule unit of local government

7   if the ordinance imposing that tax was adopted prior to

8   January 1, 2023.

9 (Source: P.A. 103-9, Article 5, Section 5-5, eff. 6-7-23;

10 103-9, Article 15, Section 15-5, eff. 6-7-23; 103-154, eff.

11 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

12 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

13 103-781, eff. 8-5-24; 104-417, eff. 8-15-25.)

14  (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10

15  Sec. 3-10. Rate of tax. Unless otherwise provided in this

16 Section, the tax imposed by this Act is at the rate of 6.25% of

17 either the selling price or the fair market value, if any, of

18 the tangible personal property, which, on and after January 1,

19 2025, includes leases of tangible personal property. In all

20 cases where property functionally used or consumed is the same

21 as the property that was purchased at retail, then the tax is

22 imposed on the selling price of the property. In all cases

23 where property functionally used or consumed is a by-product

24 or waste product that has been refined, manufactured, or

25 produced from property purchased at retail, then the tax is
    SB3019 Enrolled        - 165 - LRB104 20255 HLH 33706 b

1 imposed on the lower of the fair market value, if any, of the

2 specific property so used in this State or on the selling price

3 of the property purchased at retail. For purposes of this

4 Section "fair market value" means the price at which property

5 would change hands between a willing buyer and a willing

6 seller, neither being under any compulsion to buy or sell and

7 both having reasonable knowledge of the relevant facts. The

8 fair market value shall be established by Illinois sales by

9 the taxpayer of the same property as that functionally used or

10 consumed, or if there are no such sales by the taxpayer, then

11 comparable sales or purchases of property of like kind and

12 character in Illinois.

13  Beginning on July 1, 2000 and through December 31, 2000,

14 with respect to motor fuel, as defined in Section 1.1 of the

15 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

16 the Use Tax Act, the tax is imposed at the rate of 1.25%.

17  Beginning on August 6, 2010 through August 15, 2010, and

18 beginning again on August 5, 2022 through August 14, 2022,

19 with respect to sales tax holiday items as defined in Section

20 3-6 of this Act, the tax is imposed at the rate of 1.25%.

21  With respect to gasohol, the tax imposed by this Act

22 applies to (i) 70% of the proceeds of sales made on or after

23 January 1, 1990, and before July 1, 2003, (ii) 80% of the

24 proceeds of sales made on or after July 1, 2003 and on or

25 before July 1, 2017, (iii) 100% of the proceeds of sales made

26 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of
    SB3019 Enrolled  - 166 - LRB104 20255 HLH 33706 b

1 the proceeds of sales made on or after January 1, 2024 and on

2 or before December 31, 2028, and (v) 100% of the proceeds of

3 sales made after December 31, 2028. If, at any time, however,

4 the tax under this Act on sales of gasohol is imposed at the

5 rate of 1.25%, then the tax imposed by this Act applies to 100%

6 of the proceeds of sales of gasohol made during that time.

7   With respect to mid-range ethanol blends, the tax imposed

8 by this Act applies to (i) 80% of the proceeds of sales made on

9 or after January 1, 2024 and on or before December 31, 2028 and

10 (ii) 100% of the proceeds of sales made thereafter. If, at any

11 time, however, the tax under this Act on sales of mid-range

12 ethanol blends is imposed at the rate of 1.25%, then the tax

13 imposed by this Act applies to 100% of the proceeds of sales of

14 mid-range ethanol blends made during that time.

15  With respect to majority blended ethanol fuel, the tax

16 imposed by this Act does not apply to the proceeds of sales

17 made on or after July 1, 2003 and on or before December 31,

18 2028 but applies to 100% of the proceeds of sales made

19 thereafter.

20  With respect to biodiesel blends with no less than 1% and

21 no more than 10% biodiesel, the tax imposed by this Act applies

22 to (i) 80% of the proceeds of sales made on or after July 1,

23 2003 and on or before December 31, 2018 and (ii) 100% of the

24 proceeds of sales made after December 31, 2018 and before

25 January 1, 2024. On and after January 1, 2024 and on or before

26 December 31, 2030, the taxation of biodiesel, renewable
    SB3019 Enrolled  - 167 - LRB104 20255 HLH 33706 b

1 diesel, and biodiesel blends shall be as provided in Section

2 3-5.1. If, at any time, however, the tax under this Act on

3 sales of biodiesel blends with no less than 1% and no more than

4 10% biodiesel is imposed at the rate of 1.25%, then the tax

5 imposed by this Act applies to 100% of the proceeds of sales of

6 biodiesel blends with no less than 1% and no more than 10%

7 biodiesel made during that time.

8   With respect to biodiesel and biodiesel blends with more

9 than 10% but no more than 99% biodiesel, the tax imposed by

10 this Act does not apply to the proceeds of sales made on or

11 after July 1, 2003 and on or before December 31, 2023. On and

12 after January 1, 2024 and on or before December 31, 2030, the

13 taxation of biodiesel, renewable diesel, and biodiesel blends

14 shall be as provided in Section 3-5.1.

15  Until July 1, 2022 and from July 1, 2023 through December

16 31, 2025, with respect to food for human consumption that is to

17 be consumed off the premises where it is sold (other than

18 alcoholic beverages, food consisting of or infused with adult

19 use cannabis, soft drinks, and food that has been prepared for

20 immediate consumption), the tax is imposed at the rate of 1%.

21 Beginning on July 1, 2022 and until July 1, 2023, with respect

22 to food for human consumption that is to be consumed off the

23 premises where it is sold (other than alcoholic beverages,

24 food consisting of or infused with adult use cannabis, soft

25 drinks, and food that has been prepared for immediate

26 consumption), the tax is imposed at the rate of 0%. On and
   SB3019 Enrolled          - 168 - LRB104 20255 HLH 33706 b

1 after January 1, 2026, food for human consumption that is to be

2 consumed off the premises where it is sold (other than

3 alcoholic liquor taxable under Section 8-1 of the Liquor

4 Control Act of 1934 beverages, food consisting of or infused

5 with adult use cannabis, soft drinks, candy, and food that has

6 been prepared for immediate consumption) is exempt from the

7 tax imposed by this Act.

8  With respect to prescription and nonprescription

9 medicines, drugs, medical appliances, products classified as

10 Class III medical devices by the United States Food and Drug

11 Administration that are used for cancer treatment pursuant to

12 a prescription, as well as any accessories and components

13 related to those devices, modifications to a motor vehicle for

14 the purpose of rendering it usable by a person with a

15 disability, and insulin, blood sugar testing materials,

16 syringes, and needles used by human diabetics, the tax is

17 imposed at the rate of 1%. For the purposes of this Section,

18 until September 1, 2009: the term "soft drinks" means any

19 complete, finished, ready-to-use, non-alcoholic drink, whether

20 carbonated or not, including, but not limited to, soda water,

21 cola, fruit juice, vegetable juice, carbonated water, and all

22 other preparations commonly known as soft drinks of whatever

23 kind or description that are contained in any closed or sealed

24 bottle, can, carton, or container, regardless of size; but

25 "soft drinks" does not include coffee, tea, non-carbonated

26 water, infant formula, milk or milk products as defined in the
    SB3019 Enrolled  - 169 - LRB104 20255 HLH 33706 b

1 Grade A Pasteurized Milk and Milk Products Act, or drinks

2 containing 50% or more natural fruit or vegetable juice.

3   Notwithstanding any other provisions of this Act,

4 beginning September 1, 2009, "soft drinks" means non-alcoholic

5 beverages that contain natural or artificial sweeteners. "Soft

6 drinks" does not include beverages that contain milk or milk

7 products, soy, rice or similar milk substitutes, or greater

8 than 50% of vegetable or fruit juice by volume.

9   Until August 1, 2009, and notwithstanding any other

10 provisions of this Act, "food for human consumption that is to

11 be consumed off the premises where it is sold" includes all

12 food sold through a vending machine, except soft drinks and

13 food products that are dispensed hot from a vending machine,

14 regardless of the location of the vending machine. Beginning

15 August 1, 2009, and notwithstanding any other provisions of

16 this Act, "food for human consumption that is to be consumed

17 off the premises where it is sold" includes all food sold

18 through a vending machine, except soft drinks, candy, and food

19 products that are dispensed hot from a vending machine,

20 regardless of the location of the vending machine.

21  Notwithstanding any other provisions of this Act,

22 beginning September 1, 2009, "food for human consumption that

23 is to be consumed off the premises where it is sold" does not

24 include candy. For purposes of this Section, "candy" means a

25 preparation of sugar, honey, or other natural or artificial

26 sweeteners in combination with chocolate, fruits, nuts or
    SB3019 Enrolled       - 170 - LRB104 20255 HLH 33706 b

1 other ingredients or flavorings in the form of bars, drops, or

2 pieces. "Candy" does not include any preparation that contains

3 flour or requires refrigeration.

4   Notwithstanding any other provisions of this Act,

5 beginning September 1, 2009, "nonprescription medicines and

6 drugs" does not include grooming and hygiene products. For

7 purposes of this Section, "grooming and hygiene products"

8 includes, but is not limited to, soaps and cleaning solutions,

9 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

10 lotions and screens, unless those products are available by

11 prescription only, regardless of whether the products meet the

12 definition of "over-the-counter-drugs". For the purposes of

13 this paragraph, "over-the-counter-drug" means a drug for human

14 use that contains a label that identifies the product as a drug

15 as required by 21 CFR 201.66. The "over-the-counter-drug"

16 label includes:

17  (A) a "Drug Facts" panel; or

18  (B) a statement of the "active ingredient(s)" with a

19  list of those ingredients contained in the compound,

20  substance or preparation.

21  Beginning on January 1, 2014 (the effective date of Public

22 Act 98-122), "prescription and nonprescription medicines and

23 drugs" includes medical cannabis purchased from a registered

24 dispensing organization under the Compassionate Use of Medical

25 Cannabis Program Act.

26  As used in this Section, "adult use cannabis" means
    SB3019 Enrolled  - 171 - LRB104 20255 HLH 33706 b

1 cannabis subject to tax under the Cannabis Cultivation

2 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

3 and does not include cannabis subject to tax under the

4 Compassionate Use of Medical Cannabis Program Act.

5   If the property that is purchased at retail from a

6 retailer is acquired outside Illinois and used outside

7 Illinois before being brought to Illinois for use here and is

8 taxable under this Act, the "selling price" on which the tax is

9 computed shall be reduced by an amount that represents a

10 reasonable allowance for depreciation for the period of prior

11 out-of-state use. No depreciation is allowed in cases where

12 the tax under this Act is imposed on lease receipts.

13 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

14 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.

15 8-15-25.)

16  (35 ILCS 105/12) (from Ch. 120, par. 439.12)

17  Sec. 12. Applicability of Retailers' Occupation Tax Act

18 and Uniform Penalty and Interest Act. All of the provisions of

19 Sections 1d, 1e, 1f, 1i, 1j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12,

20 2-29, 2-54, 2a, 2b, 2c, 3, 4 (except that the time limitation

21 provisions shall run from the date when the tax is due rather

22 than from the date when gross receipts are received), 5

23 (except that the time limitation provisions on the issuance of

24 notices of tax liability shall run from the date when the tax

25 is due rather than from the date when gross receipts are
    SB3019 Enrolled    - 172 - LRB104 20255 HLH 33706 b

 1 received and except that in the case of a failure to file a
 2 return required by this Act, no notice of tax liability shall
 3 be issued on and after each July 1 and January 1 covering tax
 4 due with that return during any month or period more than 6
 5 years before that July 1 or January 1, respectively), 5a, 5b,
 6 5c, 5d, 5e, 5f, 5g, 5h, 5j, 5k, 5l, 5m, 5n, 7, 8, 9, 10, 11 and
 7 12 of the Retailers' Occupation Tax Act and Section 3-7 of the
 8 Uniform Penalty and Interest Act, which are not inconsistent
 9 with this Act, shall apply, as far as practicable, to the
10 subject matter of this Act to the same extent as if such
11 provisions were included herein.
12 (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;
13 103-595, eff. 6-26-24.)

14  Section 70-30. The Service Use Tax Act is amended by

15 changing Sections 3-5 and 3-10 as follows:

16  (35 ILCS 110/3-5)

17  Sec. 3-5. Exemptions. Use of the following tangible

18 personal property is exempt from the tax imposed by this Act:

19  (1) Personal property purchased from a corporation,

20 society, association, foundation, institution, or

21 organization, other than a limited liability company, that is

22 organized and operated as a not-for-profit service enterprise

23 for the benefit of persons 65 years of age or older if the

24 personal property was not purchased by the enterprise for the
    SB3019 Enrolled           - 173 - LRB104 20255 HLH 33706 b

1 purpose of resale by the enterprise.

2   (2) Personal property purchased by a non-profit Illinois

3 county fair association for use in conducting, operating, or

4 promoting the county fair.

5   (3) Personal property purchased by a not-for-profit arts

6 or cultural organization that establishes, by proof required

7 by the Department by rule, that it has received an exemption

8 under Section 501(c)(3) of the Internal Revenue Code and that

9 is organized and operated primarily for the presentation or

10 support of arts or cultural programming, activities, or

11 services. These organizations include, but are not limited to,

12 music and dramatic arts organizations such as symphony

13 orchestras and theatrical groups, arts and cultural service

14 organizations, local arts councils, visual arts organizations,

15 and media arts organizations. On and after July 1, 2001 (the

16 effective date of Public Act 92-35), however, an entity

17 otherwise eligible for this exemption shall not make tax-free

18 purchases unless it has an active identification number issued

19 by the Department.

20  (4) Legal tender, currency, medallions, or gold or silver

21 coinage issued by the State of Illinois, the government of the

22 United States of America, or the government of any foreign

23 country, and bullion.

24  (5) Until July 1, 2003 and beginning again on September 1,

25 2004 through August 30, 2014, graphic arts machinery and

26 equipment, including repair and replacement parts, both new
    SB3019 Enrolled  - 174 - LRB104 20255 HLH 33706 b

1 and used, and including that manufactured on special order or

2 purchased for lease, certified by the purchaser to be used

3 primarily for graphic arts production. Equipment includes

4 chemicals or chemicals acting as catalysts but only if the

5 chemicals or chemicals acting as catalysts effect a direct and

6 immediate change upon a graphic arts product. Beginning on

7 July 1, 2017, graphic arts machinery and equipment is included

8 in the manufacturing and assembling machinery and equipment

9 exemption under Section 2 of this Act.

10  (6) Personal property purchased from a teacher-sponsored

11 student organization affiliated with an elementary or

12 secondary school located in Illinois.

13  (7) Farm machinery and equipment, both new and used,

14 including that manufactured on special order, certified by the

15 purchaser to be used primarily for production agriculture or

16 State or federal agricultural programs, including individual

17 replacement parts for the machinery and equipment, including

18 machinery and equipment purchased for lease, and including

19 implements of husbandry defined in Section 1-130 of the

20 Illinois Vehicle Code, farm machinery and agricultural

21 chemical and fertilizer spreaders, and nurse wagons required

22 to be registered under Section 3-809 of the Illinois Vehicle

23 Code, but excluding other motor vehicles required to be

24 registered under the Illinois Vehicle Code. Horticultural

25 polyhouses or hoop houses used for propagating, growing, or

26 overwintering plants shall be considered farm machinery and
    SB3019 Enrolled         - 175 - LRB104 20255 HLH 33706 b

1 equipment under this item (7). Agricultural chemical tender

2 tanks and dry boxes shall include units sold separately from a

3 motor vehicle required to be licensed and units sold mounted

4 on a motor vehicle required to be licensed if the selling price

5 of the tender is separately stated.

6   Farm machinery and equipment shall include precision

7 farming equipment that is installed or purchased to be

8 installed on farm machinery and equipment, including, but not

9 limited to, tractors, harvesters, sprayers, planters, seeders,

10 or spreaders. Precision farming equipment includes, but is not

11 limited to, soil testing sensors, computers, monitors,

12 software, global positioning and mapping systems, and other

13 such equipment.

14  Farm machinery and equipment also includes computers,

15 sensors, software, and related equipment used primarily in the

16 computer-assisted operation of production agriculture

17 facilities, equipment, and activities such as, but not limited

18 to, the collection, monitoring, and correlation of animal and

19 crop data for the purpose of formulating animal diets and

20 agricultural chemicals.

21  Beginning on January 1, 2024, farm machinery and equipment

22 also includes electrical power generation equipment used

23 primarily for production agriculture.

24  This item (7) is exempt from the provisions of Section

25 3-75.

26  (8) Until June 30, 2013, fuel and petroleum products sold
    SB3019 Enrolled    - 176 - LRB104 20255 HLH 33706 b

1 to or used by an air common carrier, certified by the carrier

2 to be used for consumption, shipment, or storage in the

3 conduct of its business as an air common carrier, for a flight

4 destined for or returning from a location or locations outside

5 the United States without regard to previous or subsequent

6 domestic stopovers.

7   Beginning July 1, 2013, fuel and petroleum products sold

8 to or used by an air carrier, certified by the carrier to be

9 used for consumption, shipment, or storage in the conduct of

10 its business as an air common carrier, for a flight that (i) is

11 engaged in foreign trade or is engaged in trade between the

12 United States and any of its possessions and (ii) transports

13 at least one individual or package for hire from the city of

14 origination to the city of final destination on the same

15 aircraft, without regard to a change in the flight number of

16 that aircraft.

17  (9) Proceeds of mandatory service charges separately

18 stated on customers' bills for the purchase and consumption of

19 food and beverages acquired as an incident to the purchase of a

20 service from a serviceman, to the extent that the proceeds of

21 the service charge are in fact turned over as tips or as a

22 substitute for tips to the employees who participate directly

23 in preparing, serving, hosting or cleaning up the food or

24 beverage function with respect to which the service charge is

25 imposed.

26  (10) Until July 1, 2003, oil field exploration, drilling,
    SB3019 Enrolled  - 177 - LRB104 20255 HLH 33706 b

1 and production equipment, including (i) rigs and parts of

2 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

3 pipe and tubular goods, including casing and drill strings,

4 (iii) pumps and pump-jack units, (iv) storage tanks and flow

5 lines, (v) any individual replacement part for oil field

6 exploration, drilling, and production equipment, and (vi)

7 machinery and equipment purchased for lease; but excluding

8 motor vehicles required to be registered under the Illinois

9 Vehicle Code.

10  (11) Proceeds from the sale of photoprocessing machinery

11 and equipment, including repair and replacement parts, both

12 new and used, including that manufactured on special order,

13 certified by the purchaser to be used primarily for

14 photoprocessing, and including photoprocessing machinery and

15 equipment purchased for lease.

16  (12) Until July 1, 2028, coal and aggregate exploration,

17 mining, off-highway hauling, processing, maintenance, and

18 reclamation equipment, including replacement parts and

19 equipment, and including equipment purchased for lease, but

20 excluding motor vehicles required to be registered under the

21 Illinois Vehicle Code. The changes made to this Section by

22 Public Act 97-767 apply on and after July 1, 2003, but no claim

23 for credit or refund is allowed on or after August 16, 2013

24 (the effective date of Public Act 98-456) for such taxes paid

25 during the period beginning July 1, 2003 and ending on August

26 16, 2013 (the effective date of Public Act 98-456).
    SB3019 Enrolled  - 178 - LRB104 20255 HLH 33706 b

1   (13) Semen used for artificial insemination of livestock

2 for direct agricultural production.

3   (14) Horses, or interests in horses, registered with and

4 meeting the requirements of any of the Arabian Horse Club

5 Registry of America, Appaloosa Horse Club, American Quarter

6 Horse Association, United States Trotting Association, or

7 Jockey Club, as appropriate, used for purposes of breeding or

8 racing for prizes. This item (14) is exempt from the

9 provisions of Section 3-75, and the exemption provided for

10 under this item (14) applies for all periods beginning May 30,

11 1995, but no claim for credit or refund is allowed on or after

12 January 1, 2008 (the effective date of Public Act 95-88) for

13 such taxes paid during the period beginning May 30, 2000 and

14 ending on January 1, 2008 (the effective date of Public Act

15 95-88).

16  (15) Computers and communications equipment utilized for

17 any hospital purpose and equipment used in the diagnosis,

18 analysis, or treatment of hospital patients purchased by a

19 lessor who leases the equipment, under a lease of one year or

20 longer executed or in effect at the time the lessor would

21 otherwise be subject to the tax imposed by this Act, to a

22 hospital that has been issued an active tax exemption

23 identification number by the Department under Section 1g of

24 the Retailers' Occupation Tax Act. If the equipment is leased

25 in a manner that does not qualify for this exemption or is used

26 in any other non-exempt manner, the lessor shall be liable for
    SB3019 Enrolled  - 179 - LRB104 20255 HLH 33706 b

1 the tax imposed under this Act or the Use Tax Act, as the case

2 may be, based on the fair market value of the property at the

3 time the non-qualifying use occurs. No lessor shall collect or

4 attempt to collect an amount (however designated) that

5 purports to reimburse that lessor for the tax imposed by this

6 Act or the Use Tax Act, as the case may be, if the tax has not

7 been paid by the lessor. If a lessor improperly collects any

8 such amount from the lessee, the lessee shall have a legal

9 right to claim a refund of that amount from the lessor. If,

10 however, that amount is not refunded to the lessee for any

11 reason, the lessor is liable to pay that amount to the

12 Department.

13  (16) Personal property purchased by a lessor who leases

14 the property, under a lease of one year or longer executed or

15 in effect at the time the lessor would otherwise be subject to

16 the tax imposed by this Act, to a governmental body that has

17 been issued an active tax exemption identification number by

18 the Department under Section 1g of the Retailers' Occupation

19 Tax Act. If the property is leased in a manner that does not

20 qualify for this exemption or is used in any other non-exempt

21 manner, the lessor shall be liable for the tax imposed under

22 this Act or the Use Tax Act, as the case may be, based on the

23 fair market value of the property at the time the

24 non-qualifying use occurs. No lessor shall collect or attempt

25 to collect an amount (however designated) that purports to

26 reimburse that lessor for the tax imposed by this Act or the
    SB3019 Enrolled  - 180 - LRB104 20255 HLH 33706 b

1 Use Tax Act, as the case may be, if the tax has not been paid

2 by the lessor. If a lessor improperly collects any such amount

3 from the lessee, the lessee shall have a legal right to claim a

4 refund of that amount from the lessor. If, however, that

5 amount is not refunded to the lessee for any reason, the lessor

6 is liable to pay that amount to the Department.

7   (17) Beginning with taxable years ending on or after

8 December 31, 1995 and ending with taxable years ending on or

9 before December 31, 2004, personal property that is donated

10 for disaster relief to be used in a State or federally declared

11 disaster area in Illinois or bordering Illinois by a

12 manufacturer or retailer that is registered in this State to a

13 corporation, society, association, foundation, or institution

14 that has been issued a sales tax exemption identification

15 number by the Department that assists victims of the disaster

16 who reside within the declared disaster area.

17  (18) Beginning with taxable years ending on or after

18 December 31, 1995 and ending with taxable years ending on or

19 before December 31, 2004, personal property that is used in

20 the performance of infrastructure repairs in this State,

21 including, but not limited to, municipal roads and streets,

22 access roads, bridges, sidewalks, waste disposal systems,

23 water and sewer line extensions, water distribution and

24 purification facilities, storm water drainage and retention

25 facilities, and sewage treatment facilities, resulting from a

26 State or federally declared disaster in Illinois or bordering
   SB3019 Enrolled             - 181 - LRB104 20255 HLH 33706 b

1 Illinois when such repairs are initiated on facilities located

2 in the declared disaster area within 6 months after the

3 disaster.

4  (19) Beginning July 1, 1999, game or game birds purchased

5 at a "game breeding and hunting preserve area" as that term is

6 used in the Wildlife Code. This paragraph is exempt from the

7 provisions of Section 3-75.

8  (20) A motor vehicle, as that term is defined in Section

9 1-146 of the Illinois Vehicle Code, that is donated to a

10 corporation, limited liability company, society, association,

11 foundation, or institution that is determined by the

12 Department to be organized and operated exclusively for

13 educational purposes. For purposes of this exemption, "a

14 corporation, limited liability company, society, association,

15 foundation, or institution organized and operated exclusively

16 for educational purposes" means all tax-supported public

17 schools, private schools that offer systematic instruction in

18 useful branches of learning by methods common to public

19 schools and that compare favorably in their scope and

20 intensity with the course of study presented in tax-supported

21 schools, and vocational or technical schools or institutes

22 organized and operated exclusively to provide a course of

23 study of not less than 6 weeks duration and designed to prepare

24 individuals to follow a trade or to pursue a manual,

25 technical, mechanical, industrial, business, or commercial

26 occupation.
    SB3019 Enrolled  - 182 - LRB104 20255 HLH 33706 b

1   (21) Beginning January 1, 2000, personal property,

2 including food, purchased through fundraising events for the

3 benefit of a public or private elementary or secondary school,

4 a group of those schools, or one or more school districts if

5 the events are sponsored by an entity recognized by the school

6 district that consists primarily of volunteers and includes

7 parents and teachers of the school children. This paragraph

8 does not apply to fundraising events (i) for the benefit of

9 private home instruction or (ii) for which the fundraising

10 entity purchases the personal property sold at the events from

11 another individual or entity that sold the property for the

12 purpose of resale by the fundraising entity and that profits

13 from the sale to the fundraising entity. This paragraph is

14 exempt from the provisions of Section 3-75.

15  (22) Beginning January 1, 2000 and through December 31,

16 2001, new or used automatic vending machines that prepare and

17 serve hot food and beverages, including coffee, soup, and

18 other items, and replacement parts for these machines.

19 Beginning January 1, 2002 and through June 30, 2003, machines

20 and parts for machines used in commercial, coin-operated

21 amusement and vending business if a use or occupation tax is

22 paid on the gross receipts derived from the use of the

23 commercial, coin-operated amusement and vending machines. This

24 paragraph is exempt from the provisions of Section 3-75.

25  (23) Beginning August 23, 2001 and through June 30, 2016,

26 food for human consumption that is to be consumed off the
    SB3019 Enrolled  - 183 - LRB104 20255 HLH 33706 b

1 premises where it is sold (other than alcoholic beverages,

2 soft drinks, and food that has been prepared for immediate

3 consumption) and prescription and nonprescription medicines,

4 drugs, medical appliances, and insulin, urine testing

5 materials, syringes, and needles used by diabetics, for human

6 use, when purchased for use by a person receiving medical

7 assistance under Article V of the Illinois Public Aid Code who

8 resides in a licensed long-term care facility, as defined in

9 the Nursing Home Care Act, or in a licensed facility as defined

10 in the ID/DD Community Care Act, the MC/DD Act, or the

11 Specialized Mental Health Rehabilitation Act of 2013.

12  (24) Beginning on August 2, 2001 (the effective date of

13 Public Act 92-227), computers and communications equipment

14 utilized for any hospital purpose and equipment used in the

15 diagnosis, analysis, or treatment of hospital patients

16 purchased by a lessor who leases the equipment, under a lease

17 of one year or longer executed or in effect at the time the

18 lessor would otherwise be subject to the tax imposed by this

19 Act, to a hospital that has been issued an active tax exemption

20 identification number by the Department under Section 1g of

21 the Retailers' Occupation Tax Act. If the equipment is leased

22 in a manner that does not qualify for this exemption or is used

23 in any other nonexempt manner, the lessor shall be liable for

24 the tax imposed under this Act or the Use Tax Act, as the case

25 may be, based on the fair market value of the property at the

26 time the nonqualifying use occurs. No lessor shall collect or
    SB3019 Enrolled  - 184 - LRB104 20255 HLH 33706 b

1 attempt to collect an amount (however designated) that

2 purports to reimburse that lessor for the tax imposed by this

3 Act or the Use Tax Act, as the case may be, if the tax has not

4 been paid by the lessor. If a lessor improperly collects any

5 such amount from the lessee, the lessee shall have a legal

6 right to claim a refund of that amount from the lessor. If,

7 however, that amount is not refunded to the lessee for any

8 reason, the lessor is liable to pay that amount to the

9 Department. This paragraph is exempt from the provisions of

10 Section 3-75.

11  (25) Beginning on August 2, 2001 (the effective date of

12 Public Act 92-227), personal property purchased by a lessor

13 who leases the property, under a lease of one year or longer

14 executed or in effect at the time the lessor would otherwise be

15 subject to the tax imposed by this Act, to a governmental body

16 that has been issued an active tax exemption identification

17 number by the Department under Section 1g of the Retailers'

18 Occupation Tax Act. If the property is leased in a manner that

19 does not qualify for this exemption or is used in any other

20 nonexempt manner, the lessor shall be liable for the tax

21 imposed under this Act or the Use Tax Act, as the case may be,

22 based on the fair market value of the property at the time the

23 nonqualifying use occurs. No lessor shall collect or attempt

24 to collect an amount (however designated) that purports to

25 reimburse that lessor for the tax imposed by this Act or the

26 Use Tax Act, as the case may be, if the tax has not been paid
    SB3019 Enrolled  - 185 - LRB104 20255 HLH 33706 b

1 by the lessor. If a lessor improperly collects any such amount

2 from the lessee, the lessee shall have a legal right to claim a

3 refund of that amount from the lessor. If, however, that

4 amount is not refunded to the lessee for any reason, the lessor

5 is liable to pay that amount to the Department. This paragraph

6 is exempt from the provisions of Section 3-75.

7   (26) Beginning January 1, 2008, tangible personal property

8 used in the construction or maintenance of a community water

9 supply, as defined under Section 3.145 of the Environmental

10 Protection Act, that is operated by a not-for-profit

11 corporation that holds a valid water supply permit issued

12 under Title IV of the Environmental Protection Act. This

13 paragraph is exempt from the provisions of Section 3-75.

14  (27) Beginning January 1, 2010 and continuing through

15 December 31, 2029, materials, parts, equipment, components,

16 and furnishings incorporated into or upon an aircraft as part

17 of the modification, refurbishment, completion, replacement,

18 repair, or maintenance of the aircraft. This exemption

19 includes consumable supplies used in the modification,

20 refurbishment, completion, replacement, repair, and

21 maintenance of aircraft. However, until January 1, 2024, this

22 exemption excludes any materials, parts, equipment,

23 components, and consumable supplies used in the modification,

24 replacement, repair, and maintenance of aircraft engines or

25 power plants, whether such engines or power plants are

26 installed or uninstalled upon any such aircraft. "Consumable
    SB3019 Enrolled  - 186 - LRB104 20255 HLH 33706 b

1 supplies" include, but are not limited to, adhesive, tape,

2 sandpaper, general purpose lubricants, cleaning solution,

3 latex gloves, and protective films.

4   Beginning January 1, 2010 and continuing through December

5 31, 2023, this exemption applies only to the use of qualifying

6 tangible personal property transferred incident to the

7 modification, refurbishment, completion, replacement, repair,

8 or maintenance of aircraft by persons who (i) hold an Air

9 Agency Certificate and are empowered to operate an approved

10 repair station by the Federal Aviation Administration, (ii)

11 have a Class IV Rating, and (iii) conduct operations in

12 accordance with Part 145 of the Federal Aviation Regulations.

13 From January 1, 2024 through December 31, 2029, this exemption

14 applies only to the use of qualifying tangible personal

15 property transferred incident to: (A) the modification,

16 refurbishment, completion, repair, replacement, or maintenance

17 of an aircraft by persons who (i) hold an Air Agency

18 Certificate and are empowered to operate an approved repair

19 station by the Federal Aviation Administration, (ii) have a

20 Class IV Rating, and (iii) conduct operations in accordance

21 with Part 145 of the Federal Aviation Regulations; and (B) the

22 modification, replacement, repair, and maintenance of aircraft

23 engines or power plants without regard to whether or not those

24 persons meet the qualifications of item (A).

25  The exemption does not include aircraft operated by a

26 commercial air carrier providing scheduled passenger air
    SB3019 Enrolled  - 187 - LRB104 20255 HLH 33706 b

1 service pursuant to authority issued under Part 121 or Part

2 129 of the Federal Aviation Regulations. The changes made to

3 this paragraph (27) by Public Act 98-534 are declarative of

4 existing law. It is the intent of the General Assembly that the

5 exemption under this paragraph (27) applies continuously from

6 January 1, 2010 through December 31, 2024; however, no claim

7 for credit or refund is allowed for taxes paid as a result of

8 the disallowance of this exemption on or after January 1, 2015

9 and prior to February 5, 2020 (the effective date of Public Act

10 101-629).

11  (28) Tangible personal property purchased by a

12 public-facilities corporation, as described in Section

13 11-65-10 of the Illinois Municipal Code, for purposes of

14 constructing or furnishing a municipal convention hall, but

15 only if the legal title to the municipal convention hall is

16 transferred to the municipality without any further

17 consideration by or on behalf of the municipality at the time

18 of the completion of the municipal convention hall or upon the

19 retirement or redemption of any bonds or other debt

20 instruments issued by the public-facilities corporation in

21 connection with the development of the municipal convention

22 hall. This exemption includes existing public-facilities

23 corporations as provided in Section 11-65-25 of the Illinois

24 Municipal Code. This paragraph is exempt from the provisions

25 of Section 3-75.

26  (29) Beginning January 1, 2017 and through December 31,
    SB3019 Enrolled  - 188 - LRB104 20255 HLH 33706 b

1 2026, menstrual pads, tampons, and menstrual cups.

2   (30) Tangible personal property transferred to a purchaser

3 who is exempt from the tax imposed by this Act by operation of

4 federal law. This paragraph is exempt from the provisions of

5 Section 3-75.

6   (31) Qualified tangible personal property used in the

7 construction or operation of a data center that has been

8 granted a certificate of exemption by the Department of

9 Commerce and Economic Opportunity, whether that tangible

10 personal property is purchased by the owner, operator, or

11 tenant of the data center or by a contractor or subcontractor

12 of the owner, operator, or tenant. Data centers that would

13 have qualified for a certificate of exemption prior to January

14 1, 2020 had Public Act 101-31 been in effect, may apply for and

15 obtain an exemption for subsequent purchases of computer

16 equipment or enabling software purchased or leased to upgrade,

17 supplement, or replace computer equipment or enabling software

18 purchased or leased in the original investment that would have

19 qualified.

20  The Department of Commerce and Economic Opportunity shall

21 grant a certificate of exemption under this item (31) to

22 qualified data centers as defined by Section 605-1025 of the

23 Department of Commerce and Economic Opportunity Law of the

24 Civil Administrative Code of Illinois.

25  For the purposes of this item (31):

26  "Data center" means a building or a series of
    SB3019 Enrolled         - 189 - LRB104 20255 HLH 33706 b

1   buildings rehabilitated or constructed to house working

2   servers in one physical location or multiple sites within

3   the State of Illinois.

4   "Qualified tangible personal property" means:

5   electrical systems and equipment; climate control and

6   chilling equipment and systems; mechanical systems and

7   equipment; monitoring and secure systems; emergency

8   generators; hardware; computers; servers; data storage

9   devices; network connectivity equipment; racks; cabinets;

10  telecommunications cabling infrastructure; raised floor

11  systems; peripheral components or systems; software;

12  mechanical, electrical, or plumbing systems; battery

13  systems; cooling systems and towers; temperature control

14  systems; other cabling; and other data center

15  infrastructure equipment and systems necessary to operate

16  qualified tangible personal property, including fixtures;

17  and component parts of any of the foregoing, including

18  installation, maintenance, repair, refurbishment, and

19  replacement of qualified tangible personal property to

20  generate, transform, transmit, distribute, or manage

21  electricity necessary to operate qualified tangible

22  personal property; and all other tangible personal

23  property that is essential to the operations of a computer

24  data center. The term "qualified tangible personal

25  property" also includes building materials physically

26  incorporated into the qualifying data center. To document
    SB3019 Enrolled         - 190 - LRB104 20255 HLH 33706 b

1   the exemption allowed under this Section, the retailer

2   must obtain from the purchaser a copy of the certificate

3   of eligibility issued by the Department of Commerce and

4   Economic Opportunity.

5   This item (31) is exempt from the provisions of Section

6 3-75.

7   (32) Beginning July 1, 2022, breast pumps, breast pump

8 collection and storage supplies, and breast pump kits. This

9 item (32) is exempt from the provisions of Section 3-75. As

10 used in this item (32):

11       "Breast pump" means an electrically controlled or

12  manually controlled pump device designed or marketed to be

13  used to express milk from a human breast during lactation,

14  including the pump device and any battery, AC adapter, or

15  other power supply unit that is used to power the pump

16  device and is packaged and sold with the pump device at the

17  time of sale.

18       "Breast pump collection and storage supplies" means

19  items of tangible personal property designed or marketed

20  to be used in conjunction with a breast pump to collect

21  milk expressed from a human breast and to store collected

22  milk until it is ready for consumption.

23       "Breast pump collection and storage supplies"

24  includes, but is not limited to: breast shields and breast

25  shield connectors; breast pump tubes and tubing adapters;

26  breast pump valves and membranes; backflow protectors and
    SB3019 Enrolled     - 191 - LRB104 20255 HLH 33706 b

1   backflow protector adaptors; bottles and bottle caps

2   specific to the operation of the breast pump; and breast

3   milk storage bags.

4   "Breast pump collection and storage supplies" does not

5   include: (1) bottles and bottle caps not specific to the

6   operation of the breast pump; (2) breast pump travel bags

7   and other similar carrying accessories, including ice

8   packs, labels, and other similar products; (3) breast pump

9   cleaning supplies; (4) nursing bras, bra pads, breast

10  shells, and other similar products; and (5) creams,

11  ointments, and other similar products that relieve

12  breastfeeding-related symptoms or conditions of the

13  breasts or nipples, unless sold as part of a breast pump

14  kit that is pre-packaged by the breast pump manufacturer

15  or distributor.

16  "Breast pump kit" means a kit that: (1) contains no

17  more than a breast pump, breast pump collection and

18  storage supplies, a rechargeable battery for operating the

19  breast pump, a breastmilk cooler, bottle stands, ice

20  packs, and a breast pump carrying case; and (2) is

21  pre-packaged as a breast pump kit by the breast pump

22  manufacturer or distributor.

23  (33) Tangible personal property sold by or on behalf of

24 the State Treasurer pursuant to the Revised Uniform Unclaimed

25 Property Act. This item (33) is exempt from the provisions of

26 Section 3-75.
    SB3019 Enrolled  - 192 - LRB104 20255 HLH 33706 b

1   (34) Beginning on January 1, 2024, tangible personal

2 property purchased by an active duty member of the armed

3 forces of the United States who presents valid military

4 identification and purchases the property using a form of

5 payment where the federal government is the payor. The member

6 of the armed forces must complete, at the point of sale, a form

7 prescribed by the Department of Revenue documenting that the

8 transaction is eligible for the exemption under this

9 paragraph. Retailers must keep the form as documentation of

10 the exemption in their records for a period of not less than 6

11 years. "Armed forces of the United States" means the United

12 States Army, Navy, Air Force, Space Force, Marine Corps, or

13 Coast Guard. This paragraph is exempt from the provisions of

14 Section 3-75.

15  (35) Beginning July 1, 2024, home-delivered meals provided

16 to Medicare or Medicaid recipients when payment is made by an

17 intermediary, such as a Medicare Administrative Contractor, a

18 Managed Care Organization, or a Medicare Advantage

19 Organization, pursuant to a government contract. This

20 paragraph (35) is exempt from the provisions of Section 3-75.

21  (36) Beginning on January 1, 2026, as further defined in

22 Section 3-10, food prepared for immediate consumption and

23 transferred incident to a sale of service subject to this Act

24 or the Service Occupation Tax Act by an entity licensed under

25 the Hospital Licensing Act, the Nursing Home Care Act, the

26 Assisted Living and Shared Housing Act, the ID/DD Community
    SB3019 Enrolled    - 193 - LRB104 20255 HLH 33706 b

1 Care Act, the MC/DD Act, the Specialized Mental Health

2 Rehabilitation Act of 2013, or the Child Care Act of 1969 or by

3 an entity that holds a permit issued pursuant to the Life Care

4 Facilities Act. This item (36) is exempt from the provisions

5 of Section 3-75.

6   (37) Beginning on January 1, 2026, as further defined in

7 Section 3-10, food for human consumption that is to be

8 consumed off the premises where it is sold (other than

9 alcoholic liquor taxable under Section 8-1 of the Liquor

10 Control Act of 1934 beverages, food consisting of or infused

11 with adult use cannabis, soft drinks, candy, and food that has

12 been prepared for immediate consumption). This item (37) is

13 exempt from the provisions of Section 3-75.

14  (38) Use by a lessee of the following leased tangible

15 personal property:

16  (1) software transferred subject to a license that

17  meets the following requirements:

18  (A) it is evidenced by a written agreement signed

19  by the licensor and the customer;

20                   (i) an electronic agreement in which the

21  customer accepts the license by means of an

22  electronic signature that is verifiable and can be

23  authenticated and is attached to or made part of

24  the license will comply with this requirement;

25                   (ii) a license agreement in which the customer

26  electronically accepts the terms by clicking "I
    SB3019 Enrolled    - 194 - LRB104 20255 HLH 33706 b

1   agree" does not comply with this requirement;

2   (B) it restricts the customer's duplication and

3   use of the software;

4   (C) it prohibits the customer from licensing,

5   sublicensing, or transferring the software to a third

6   party (except to a related party) without the

7   permission and continued control of the licensor;

8   (D) the licensor has a policy of providing another

9   copy at minimal or no charge if the customer loses or

10  damages the software, or of permitting the licensee to

11  make and keep an archival copy, and such policy is

12  either stated in the license agreement, supported by

13  the licensor's books and records, or supported by a

14  notarized statement made under penalties of perjury by

15  the licensor; and

16  (E) the customer must destroy or return all copies

17  of the software to the licensor at the end of the

18  license period; this provision is deemed to be met, in

19  the case of a perpetual license, without being set

20  forth in the license agreement; and

21  (2) property that is subject to a tax on lease

22  receipts imposed by a home rule unit of local government

23  if the ordinance imposing that tax was adopted prior to

24  January 1, 2023.

25 (Source: P.A. 103-9, Article 5, Section 5-10, eff. 6-7-23;

26 103-9, Article 15, Section 15-10, eff. 6-7-23; 103-154, eff.
    SB3019 Enrolled     - 195 - LRB104 20255 HLH 33706 b

1 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
2 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
3 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.
4 8-15-25.)

5   (35 ILCS 110/3-10)

6   Sec. 3-10. Rate of tax. Unless otherwise provided in this

7 Section, the tax imposed by this Act is at the rate of 6.25% of

8 the selling price of tangible personal property transferred,

9 including, on and after January 1, 2025, transferred by lease,

10 as an incident to the sale of service, but, for the purpose of

11 computing this tax, in no event shall the selling price be less

12 than the cost price of the property to the serviceman.

13  Beginning on July 1, 2000 and through December 31, 2000,

14 with respect to motor fuel, as defined in Section 1.1 of the

15 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

16 the Use Tax Act, the tax is imposed at the rate of 1.25%.

17  With respect to gasohol, as defined in the Use Tax Act, the

18 tax imposed by this Act applies to (i) 70% of the selling price

19 of property transferred as an incident to the sale of service

20 on or after January 1, 1990, and before July 1, 2003, (ii) 80%

21 of the selling price of property transferred as an incident to

22 the sale of service on or after July 1, 2003 and on or before

23 July 1, 2017, (iii) 100% of the selling price of property

24 transferred as an incident to the sale of service after July 1,

25 2017 and before January 1, 2024, (iv) 90% of the selling price
    SB3019 Enrolled  - 196 - LRB104 20255 HLH 33706 b

1 of property transferred as an incident to the sale of service

2 on or after January 1, 2024 and on or before December 31, 2028,

3 and (v) 100% of the selling price of property transferred as an

4 incident to the sale of service after December 31, 2028. If, at

5 any time, however, the tax under this Act on sales of gasohol,

6 as defined in the Use Tax Act, is imposed at the rate of 1.25%,

7 then the tax imposed by this Act applies to 100% of the

8 proceeds of sales of gasohol made during that time.

9   With respect to mid-range ethanol blends, as defined in

10 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

11 applies to (i) 80% of the selling price of property

12 transferred as an incident to the sale of service on or after

13 January 1, 2024 and on or before December 31, 2028 and (ii)

14 100% of the selling price of property transferred as an

15 incident to the sale of service after December 31, 2028. If, at

16 any time, however, the tax under this Act on sales of mid-range

17 ethanol blends is imposed at the rate of 1.25%, then the tax

18 imposed by this Act applies to 100% of the selling price of

19 mid-range ethanol blends transferred as an incident to the

20 sale of service during that time.

21  With respect to majority blended ethanol fuel, as defined

22 in the Use Tax Act, the tax imposed by this Act does not apply

23 to the selling price of property transferred as an incident to

24 the sale of service on or after July 1, 2003 and on or before

25 December 31, 2028 but applies to 100% of the selling price

26 thereafter.
    SB3019 Enrolled  - 197 - LRB104 20255 HLH 33706 b

1   With respect to biodiesel blends, as defined in the Use

2 Tax Act, with no less than 1% and no more than 10% biodiesel,

3 the tax imposed by this Act applies to (i) 80% of the selling

4 price of property transferred as an incident to the sale of

5 service on or after July 1, 2003 and on or before December 31,

6 2018 and (ii) 100% of the proceeds of the selling price after

7 December 31, 2018 and before January 1, 2024. On and after

8 January 1, 2024 and on or before December 31, 2030, the

9 taxation of biodiesel, renewable diesel, and biodiesel blends

10 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

11 at any time, however, the tax under this Act on sales of

12 biodiesel blends, as defined in the Use Tax Act, with no less

13 than 1% and no more than 10% biodiesel is imposed at the rate

14 of 1.25%, then the tax imposed by this Act applies to 100% of

15 the proceeds of sales of biodiesel blends with no less than 1%

16 and no more than 10% biodiesel made during that time.

17  With respect to biodiesel, as defined in the Use Tax Act,

18 and biodiesel blends, as defined in the Use Tax Act, with more

19 than 10% but no more than 99% biodiesel, the tax imposed by

20 this Act does not apply to the proceeds of the selling price of

21 property transferred as an incident to the sale of service on

22 or after July 1, 2003 and on or before December 31, 2023. On

23 and after January 1, 2024 and on or before December 31, 2030,

24 the taxation of biodiesel, renewable diesel, and biodiesel

25 blends shall be as provided in Section 3-5.1 of the Use Tax

26 Act.
    SB3019 Enrolled  - 198 - LRB104 20255 HLH 33706 b

1   At the election of any registered serviceman made for each

2 fiscal year, for whom the aggregate annual cost price of

3 tangible personal property transferred as an incident to the

4 sales of service is less than 35%, or 75% in the case of

5 servicemen transferring prescription drugs or servicemen

6 engaged in graphic arts production, of the aggregate annual

7 total gross receipts from all sales of service, the tax

8 imposed by this Act shall be based on the serviceman's cost

9 price of the tangible personal property transferred as an

10 incident to the sale of those services. This election may also

11 be made by any serviceman maintaining a place of business in

12 this State who makes retail sales from outside of this State to

13 Illinois customers but is not required to be registered under

14 Section 2a of the Retailers' Occupation Tax Act. Beginning

15 January 1, 2026, this election shall not apply to any sale of

16 service made through a marketplace that has met the threshold

17 in subsection (b-5) of Section 2d of this Act.

18  Beginning January 1, 2026, the tax shall be imposed at the

19 rate of 6.25% of 50% of the entire billing to the service

20 customer for all sales of service made through a marketplace

21 that has met the threshold in subsection (b-5) of Section 2d of

22 this Act. In no event shall 50% of the entire billing be less

23 than the cost price of the property to the marketplace

24 serviceman or the marketplace facilitator on its own sales of

25 service.

26  Until July 1, 2022 and from July 1, 2023 through December
    SB3019 Enrolled  - 199 - LRB104 20255 HLH 33706 b

1 31, 2025, the tax shall be imposed at the rate of 1% on food

2 prepared for immediate consumption and transferred incident to

3 a sale of service subject to this Act or the Service Occupation

4 Tax Act by an entity licensed under the Hospital Licensing

5 Act, the Nursing Home Care Act, the Assisted Living and Shared

6 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

7 Specialized Mental Health Rehabilitation Act of 2013, or the

8 Child Care Act of 1969, or an entity that holds a permit issued

9 pursuant to the Life Care Facilities Act. Until July 1, 2022

10 and from July 1, 2023 through December 31, 2025, the tax shall

11 also be imposed at the rate of 1% on food for human consumption

12 that is to be consumed off the premises where it is sold (other

13 than alcoholic beverages, food consisting of or infused with

14 adult use cannabis, soft drinks, and food that has been

15 prepared for immediate consumption and is not otherwise

16 included in this paragraph).

17  Beginning on July 1, 2022 and until July 1, 2023, the tax

18 shall be imposed at the rate of 0% on food prepared for

19 immediate consumption and transferred incident to a sale of

20 service subject to this Act or the Service Occupation Tax Act

21 by an entity licensed under the Hospital Licensing Act, the

22 Nursing Home Care Act, the Assisted Living and Shared Housing

23 Act, the ID/DD Community Care Act, the MC/DD Act, the

24 Specialized Mental Health Rehabilitation Act of 2013, or the

25 Child Care Act of 1969, or an entity that holds a permit issued

26 pursuant to the Life Care Facilities Act. Beginning on July 1,
    SB3019 Enrolled     - 200 - LRB104 20255 HLH 33706 b

1 2022 and until July 1, 2023, the tax shall also be imposed at

2 the rate of 0% on food for human consumption that is to be

3 consumed off the premises where it is sold (other than

4 alcoholic beverages, food consisting of or infused with adult

5 use cannabis, soft drinks, and food that has been prepared for

6 immediate consumption and is not otherwise included in this

7 paragraph).

8   On and after January 1, 2026, food prepared for immediate

9 consumption and transferred incident to a sale of service

10 subject to this Act or the Service Occupation Tax Act by an

11 entity licensed under the Hospital Licensing Act, the Nursing

12 Home Care Act, the Assisted Living and Shared Housing Act, the

13 ID/DD Community Care Act, the MC/DD Act, the Specialized

14 Mental Health Rehabilitation Act of 2013, or the Child Care

15 Act of 1969, or by an entity that holds a permit issued

16 pursuant to the Life Care Facilities Act is exempt from the tax

17 under this Act. On and after January 1, 2026, food for human

18 consumption that is to be consumed off the premises where it is

19 sold (other than alcoholic liquor taxable under Section 8-1 of

20 the Liquor Control Act of 1934 beverages, food consisting of

21 or infused with adult use cannabis, soft drinks, candy, and

22 food that has been prepared for immediate consumption and is

23 not otherwise included in this paragraph) is exempt from the

24 tax under this Act.

25  The tax shall be imposed at the rate of 1% on prescription

26 and nonprescription medicines, drugs, medical appliances,
    SB3019 Enrolled  - 201 - LRB104 20255 HLH 33706 b

1 products classified as Class III medical devices by the United

2 States Food and Drug Administration that are used for cancer

3 treatment pursuant to a prescription, as well as any

4 accessories and components related to those devices,

5 modifications to a motor vehicle for the purpose of rendering

6 it usable by a person with a disability, and insulin, blood

7 sugar testing materials, syringes, and needles used by human

8 diabetics. For the purposes of this Section, until September

9 1, 2009: the term "soft drinks" means any complete, finished,

10 ready-to-use, non-alcoholic drink, whether carbonated or not,

11 including, but not limited to, soda water, cola, fruit juice,

12 vegetable juice, carbonated water, and all other preparations

13 commonly known as soft drinks of whatever kind or description

14 that are contained in any closed or sealed bottle, can,

15 carton, or container, regardless of size; but "soft drinks"

16 does not include coffee, tea, non-carbonated water, infant

17 formula, milk or milk products as defined in the Grade A

18 Pasteurized Milk and Milk Products Act, or drinks containing

19 50% or more natural fruit or vegetable juice.

20  Notwithstanding any other provisions of this Act,

21 beginning September 1, 2009, "soft drinks" means non-alcoholic

22 beverages that contain natural or artificial sweeteners. "Soft

23 drinks" does not include beverages that contain milk or milk

24 products, soy, rice or similar milk substitutes, or greater

25 than 50% of vegetable or fruit juice by volume.

26  Until August 1, 2009, and notwithstanding any other
    SB3019 Enrolled  - 202 - LRB104 20255 HLH 33706 b

1 provisions of this Act, "food for human consumption that is to

2 be consumed off the premises where it is sold" includes all

3 food sold through a vending machine, except soft drinks and

4 food products that are dispensed hot from a vending machine,

5 regardless of the location of the vending machine. Beginning

6 August 1, 2009, and notwithstanding any other provisions of

7 this Act, "food for human consumption that is to be consumed

8 off the premises where it is sold" includes all food sold

9 through a vending machine, except soft drinks, candy, and food

10 products that are dispensed hot from a vending machine,

11 regardless of the location of the vending machine.

12  Notwithstanding any other provisions of this Act,

13 beginning September 1, 2009, "food for human consumption that

14 is to be consumed off the premises where it is sold" does not

15 include candy. For purposes of this Section, "candy" means a

16 preparation of sugar, honey, or other natural or artificial

17 sweeteners in combination with chocolate, fruits, nuts or

18 other ingredients or flavorings in the form of bars, drops, or

19 pieces. "Candy" does not include any preparation that contains

20 flour or requires refrigeration.

21  Notwithstanding any other provisions of this Act,

22 beginning September 1, 2009, "nonprescription medicines and

23 drugs" does not include grooming and hygiene products. For

24 purposes of this Section, "grooming and hygiene products"

25 includes, but is not limited to, soaps and cleaning solutions,

26 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
    SB3019 Enrolled       - 203 - LRB104 20255 HLH 33706 b

1 lotions and screens, unless those products are available by

2 prescription only, regardless of whether the products meet the

3 definition of "over-the-counter-drugs". For the purposes of

4 this paragraph, "over-the-counter-drug" means a drug for human

5 use that contains a label that identifies the product as a drug

6 as required by 21 CFR 201.66. The "over-the-counter-drug"

7 label includes:

8   (A) a "Drug Facts" panel; or

9   (B) a statement of the "active ingredient(s)" with a

10  list of those ingredients contained in the compound,

11  substance or preparation.

12  Beginning on January 1, 2014 (the effective date of Public

13 Act 98-122), "prescription and nonprescription medicines and

14 drugs" includes medical cannabis purchased from a registered

15 dispensing organization under the Compassionate Use of Medical

16 Cannabis Program Act.

17  As used in this Section, "adult use cannabis" means

18 cannabis subject to tax under the Cannabis Cultivation

19 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

20 and does not include cannabis subject to tax under the

21 Compassionate Use of Medical Cannabis Program Act.

22  If the property that is acquired from a serviceman is

23 acquired outside Illinois and used outside Illinois before

24 being brought to Illinois for use here and is taxable under

25 this Act, the "selling price" on which the tax is computed

26 shall be reduced by an amount that represents a reasonable
    SB3019 Enrolled    - 204 - LRB104 20255 HLH 33706 b

1 allowance for depreciation for the period of prior
2 out-of-state use. No depreciation is allowed in cases where
3 the tax under this Act is imposed on lease receipts.
4 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
5 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.
6 6-16-25; 104-417, eff. 8-15-25.)

7   Section 70-35. The Service Occupation Tax Act is amended

8 by changing Sections 3-5 and 3-10 as follows:

9   (35 ILCS 115/3-5)

10  Sec. 3-5. Exemptions. The following tangible personal

11 property is exempt from the tax imposed by this Act:

12  (1) Personal property sold by a corporation, society,

13 association, foundation, institution, or organization, other

14 than a limited liability company, that is organized and

15 operated as a not-for-profit service enterprise for the

16 benefit of persons 65 years of age or older if the personal

17 property was not purchased by the enterprise for the purpose

18 of resale by the enterprise.

19  (2) Personal property purchased by a not-for-profit

20 Illinois county fair association for use in conducting,

21 operating, or promoting the county fair.

22  (3) Personal property purchased by any not-for-profit arts

23 or cultural organization that establishes, by proof required

24 by the Department by rule, that it has received an exemption
    SB3019 Enrolled       - 205 - LRB104 20255 HLH 33706 b

1 under Section 501(c)(3) of the Internal Revenue Code and that

2 is organized and operated primarily for the presentation or

3 support of arts or cultural programming, activities, or

4 services. These organizations include, but are not limited to,

5 music and dramatic arts organizations such as symphony

6 orchestras and theatrical groups, arts and cultural service

7 organizations, local arts councils, visual arts organizations,

8 and media arts organizations. On and after July 1, 2001 (the

9 effective date of Public Act 92-35), however, an entity

10 otherwise eligible for this exemption shall not make tax-free

11 purchases unless it has an active identification number issued

12 by the Department.

13  (4) Legal tender, currency, medallions, or gold or silver

14 coinage issued by the State of Illinois, the government of the

15 United States of America, or the government of any foreign

16 country, and bullion.

17  (5) Until July 1, 2003 and beginning again on September 1,

18 2004 through August 30, 2014, graphic arts machinery and

19 equipment, including repair and replacement parts, both new

20 and used, and including that manufactured on special order or

21 purchased for lease, certified by the purchaser to be used

22 primarily for graphic arts production. Equipment includes

23 chemicals or chemicals acting as catalysts but only if the

24 chemicals or chemicals acting as catalysts effect a direct and

25 immediate change upon a graphic arts product. Beginning on

26 July 1, 2017, graphic arts machinery and equipment is included
    SB3019 Enrolled     - 206 - LRB104 20255 HLH 33706 b

1 in the manufacturing and assembling machinery and equipment

2 exemption under Section 2 of this Act.

3   (6) Personal property sold by a teacher-sponsored student

4 organization affiliated with an elementary or secondary school

5 located in Illinois.

6   (7) Farm machinery and equipment, both new and used,

7 including that manufactured on special order, certified by the

8 purchaser to be used primarily for production agriculture or

9 State or federal agricultural programs, including individual

10 replacement parts for the machinery and equipment, including

11 machinery and equipment purchased for lease, and including

12 implements of husbandry defined in Section 1-130 of the

13 Illinois Vehicle Code, farm machinery and agricultural

14 chemical and fertilizer spreaders, and nurse wagons required

15 to be registered under Section 3-809 of the Illinois Vehicle

16 Code, but excluding other motor vehicles required to be

17 registered under the Illinois Vehicle Code. Horticultural

18 polyhouses or hoop houses used for propagating, growing, or

19 overwintering plants shall be considered farm machinery and

20 equipment under this item (7). Agricultural chemical tender

21 tanks and dry boxes shall include units sold separately from a

22 motor vehicle required to be licensed and units sold mounted

23 on a motor vehicle required to be licensed if the selling price

24 of the tender is separately stated.

25  Farm machinery and equipment shall include precision

26 farming equipment that is installed or purchased to be
    SB3019 Enrolled         - 207 - LRB104 20255 HLH 33706 b

1 installed on farm machinery and equipment, including, but not

2 limited to, tractors, harvesters, sprayers, planters, seeders,

3 or spreaders. Precision farming equipment includes, but is not

4 limited to, soil testing sensors, computers, monitors,

5 software, global positioning and mapping systems, and other

6 such equipment.

7   Farm machinery and equipment also includes computers,

8 sensors, software, and related equipment used primarily in the

9 computer-assisted operation of production agriculture

10 facilities, equipment, and activities such as, but not limited

11 to, the collection, monitoring, and correlation of animal and

12 crop data for the purpose of formulating animal diets and

13 agricultural chemicals.

14  Beginning on January 1, 2024, farm machinery and equipment

15 also includes electrical power generation equipment used

16 primarily for production agriculture.

17  This item (7) is exempt from the provisions of Section

18 3-55.

19  (8) Until June 30, 2013, fuel and petroleum products sold

20 to or used by an air common carrier, certified by the carrier

21 to be used for consumption, shipment, or storage in the

22 conduct of its business as an air common carrier, for a flight

23 destined for or returning from a location or locations outside

24 the United States without regard to previous or subsequent

25 domestic stopovers.

26  Beginning July 1, 2013, fuel and petroleum products sold
    SB3019 Enrolled  - 208 - LRB104 20255 HLH 33706 b

1 to or used by an air carrier, certified by the carrier to be

2 used for consumption, shipment, or storage in the conduct of

3 its business as an air common carrier, for a flight that (i) is

4 engaged in foreign trade or is engaged in trade between the

5 United States and any of its possessions and (ii) transports

6 at least one individual or package for hire from the city of

7 origination to the city of final destination on the same

8 aircraft, without regard to a change in the flight number of

9 that aircraft.

10  (9) Proceeds of mandatory service charges separately

11 stated on customers' bills for the purchase and consumption of

12 food and beverages, to the extent that the proceeds of the

13 service charge are in fact turned over as tips or as a

14 substitute for tips to the employees who participate directly

15 in preparing, serving, hosting or cleaning up the food or

16 beverage function with respect to which the service charge is

17 imposed.

18  (10) Until July 1, 2003, oil field exploration, drilling,

19 and production equipment, including (i) rigs and parts of

20 rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)

21 pipe and tubular goods, including casing and drill strings,

22 (iii) pumps and pump-jack units, (iv) storage tanks and flow

23 lines, (v) any individual replacement part for oil field

24 exploration, drilling, and production equipment, and (vi)

25 machinery and equipment purchased for lease; but excluding

26 motor vehicles required to be registered under the Illinois
    SB3019 Enrolled  - 209 - LRB104 20255 HLH 33706 b

1 Vehicle Code.

2   (11) Photoprocessing machinery and equipment, including

3 repair and replacement parts, both new and used, including

4 that manufactured on special order, certified by the purchaser

5 to be used primarily for photoprocessing, and including

6 photoprocessing machinery and equipment purchased for lease.

7   (12) Until July 1, 2028, coal and aggregate exploration,

8 mining, off-highway hauling, processing, maintenance, and

9 reclamation equipment, including replacement parts and

10 equipment, and including equipment purchased for lease, but

11 excluding motor vehicles required to be registered under the

12 Illinois Vehicle Code. The changes made to this Section by

13 Public Act 97-767 apply on and after July 1, 2003, but no claim

14 for credit or refund is allowed on or after August 16, 2013

15 (the effective date of Public Act 98-456) for such taxes paid

16 during the period beginning July 1, 2003 and ending on August

17 16, 2013 (the effective date of Public Act 98-456).

18  (13) Beginning January 1, 1992 and through June 30, 2016,

19 food for human consumption that is to be consumed off the

20 premises where it is sold (other than alcoholic beverages,

21 soft drinks and food that has been prepared for immediate

22 consumption) and prescription and non-prescription medicines,

23 drugs, medical appliances, and insulin, urine testing

24 materials, syringes, and needles used by diabetics, for human

25 use, when purchased for use by a person receiving medical

26 assistance under Article V of the Illinois Public Aid Code who
    SB3019 Enrolled  - 210 - LRB104 20255 HLH 33706 b

1 resides in a licensed long-term care facility, as defined in

2 the Nursing Home Care Act, or in a licensed facility as defined

3 in the ID/DD Community Care Act, the MC/DD Act, or the

4 Specialized Mental Health Rehabilitation Act of 2013.

5   (14) Semen used for artificial insemination of livestock

6 for direct agricultural production.

7   (15) Horses, or interests in horses, registered with and

8 meeting the requirements of any of the Arabian Horse Club

9 Registry of America, Appaloosa Horse Club, American Quarter

10 Horse Association, United States Trotting Association, or

11 Jockey Club, as appropriate, used for purposes of breeding or

12 racing for prizes. This item (15) is exempt from the

13 provisions of Section 3-55, and the exemption provided for

14 under this item (15) applies for all periods beginning May 30,

15 1995, but no claim for credit or refund is allowed on or after

16 January 1, 2008 (the effective date of Public Act 95-88) for

17 such taxes paid during the period beginning May 30, 2000 and

18 ending on January 1, 2008 (the effective date of Public Act

19 95-88).

20  (16) Computers and communications equipment utilized for

21 any hospital purpose and equipment used in the diagnosis,

22 analysis, or treatment of hospital patients sold to a lessor

23 who leases the equipment, under a lease of one year or longer

24 executed or in effect at the time of the purchase, to a

25 hospital that has been issued an active tax exemption

26 identification number by the Department under Section 1g of
    SB3019 Enrolled    - 211 - LRB104 20255 HLH 33706 b

1 the Retailers' Occupation Tax Act.

2   (17) Personal property sold to a lessor who leases the

3 property, under a lease of one year or longer executed or in

4 effect at the time of the purchase, to a governmental body that

5 has been issued an active tax exemption identification number

6 by the Department under Section 1g of the Retailers'

7 Occupation Tax Act.

8   (18) Beginning with taxable years ending on or after

9 December 31, 1995 and ending with taxable years ending on or

10 before December 31, 2004, personal property that is donated

11 for disaster relief to be used in a State or federally declared

12 disaster area in Illinois or bordering Illinois by a

13 manufacturer or retailer that is registered in this State to a

14 corporation, society, association, foundation, or institution

15 that has been issued a sales tax exemption identification

16 number by the Department that assists victims of the disaster

17 who reside within the declared disaster area.

18  (19) Beginning with taxable years ending on or after

19 December 31, 1995 and ending with taxable years ending on or

20 before December 31, 2004, personal property that is used in

21 the performance of infrastructure repairs in this State,

22 including, but not limited to, municipal roads and streets,

23 access roads, bridges, sidewalks, waste disposal systems,

24 water and sewer line extensions, water distribution and

25 purification facilities, storm water drainage and retention

26 facilities, and sewage treatment facilities, resulting from a
   SB3019 Enrolled             - 212 - LRB104 20255 HLH 33706 b

1 State or federally declared disaster in Illinois or bordering

2 Illinois when such repairs are initiated on facilities located

3 in the declared disaster area within 6 months after the

4 disaster.

5  (20) Beginning July 1, 1999, game or game birds sold at a

6 "game breeding and hunting preserve area" as that term is used

7 in the Wildlife Code. This paragraph is exempt from the

8 provisions of Section 3-55.

9  (21) A motor vehicle, as that term is defined in Section

10 1-146 of the Illinois Vehicle Code, that is donated to a

11 corporation, limited liability company, society, association,

12 foundation, or institution that is determined by the

13 Department to be organized and operated exclusively for

14 educational purposes. For purposes of this exemption, "a

15 corporation, limited liability company, society, association,

16 foundation, or institution organized and operated exclusively

17 for educational purposes" means all tax-supported public

18 schools, private schools that offer systematic instruction in

19 useful branches of learning by methods common to public

20 schools and that compare favorably in their scope and

21 intensity with the course of study presented in tax-supported

22 schools, and vocational or technical schools or institutes

23 organized and operated exclusively to provide a course of

24 study of not less than 6 weeks duration and designed to prepare

25 individuals to follow a trade or to pursue a manual,

26 technical, mechanical, industrial, business, or commercial
    SB3019 Enrolled  - 213 - LRB104 20255 HLH 33706 b

1 occupation.

2   (22) Beginning January 1, 2000, personal property,

3 including food, purchased through fundraising events for the

4 benefit of a public or private elementary or secondary school,

5 a group of those schools, or one or more school districts if

6 the events are sponsored by an entity recognized by the school

7 district that consists primarily of volunteers and includes

8 parents and teachers of the school children. This paragraph

9 does not apply to fundraising events (i) for the benefit of

10 private home instruction or (ii) for which the fundraising

11 entity purchases the personal property sold at the events from

12 another individual or entity that sold the property for the

13 purpose of resale by the fundraising entity and that profits

14 from the sale to the fundraising entity. This paragraph is

15 exempt from the provisions of Section 3-55.

16  (23) Beginning January 1, 2000 and through December 31,

17 2001, new or used automatic vending machines that prepare and

18 serve hot food and beverages, including coffee, soup, and

19 other items, and replacement parts for these machines.

20 Beginning January 1, 2002 and through June 30, 2003, machines

21 and parts for machines used in commercial, coin-operated

22 amusement and vending business if a use or occupation tax is

23 paid on the gross receipts derived from the use of the

24 commercial, coin-operated amusement and vending machines. This

25 paragraph is exempt from the provisions of Section 3-55.

26  (24) Beginning on August 2, 2001 (the effective date of
    SB3019 Enrolled  - 214 - LRB104 20255 HLH 33706 b

1 Public Act 92-227), computers and communications equipment

2 utilized for any hospital purpose and equipment used in the

3 diagnosis, analysis, or treatment of hospital patients sold to

4 a lessor who leases the equipment, under a lease of one year or

5 longer executed or in effect at the time of the purchase, to a

6 hospital that has been issued an active tax exemption

7 identification number by the Department under Section 1g of

8 the Retailers' Occupation Tax Act. This paragraph is exempt

9 from the provisions of Section 3-55.

10  (25) Beginning on August 2, 2001 (the effective date of

11 Public Act 92-227), personal property sold to a lessor who

12 leases the property, under a lease of one year or longer

13 executed or in effect at the time of the purchase, to a

14 governmental body that has been issued an active tax exemption

15 identification number by the Department under Section 1g of

16 the Retailers' Occupation Tax Act. This paragraph is exempt

17 from the provisions of Section 3-55.

18  (26) Beginning on January 1, 2002 and through June 30,

19 2016, tangible personal property purchased from an Illinois

20 retailer by a taxpayer engaged in centralized purchasing

21 activities in Illinois who will, upon receipt of the property

22 in Illinois, temporarily store the property in Illinois (i)

23 for the purpose of subsequently transporting it outside this

24 State for use or consumption thereafter solely outside this

25 State or (ii) for the purpose of being processed, fabricated,

26 or manufactured into, attached to, or incorporated into other
    SB3019 Enrolled        - 215 - LRB104 20255 HLH 33706 b

1 tangible personal property to be transported outside this

2 State and thereafter used or consumed solely outside this

3 State. The Director of Revenue shall, pursuant to rules

4 adopted in accordance with the Illinois Administrative

5 Procedure Act, issue a permit to any taxpayer in good standing

6 with the Department who is eligible for the exemption under

7 this paragraph (26). The permit issued under this paragraph

8 (26) shall authorize the holder, to the extent and in the

9 manner specified in the rules adopted under this Act, to

10 purchase tangible personal property from a retailer exempt

11 from the taxes imposed by this Act. Taxpayers shall maintain

12 all necessary books and records to substantiate the use and

13 consumption of all such tangible personal property outside of

14 the State of Illinois.

15  (27) Beginning January 1, 2008, tangible personal property

16 used in the construction or maintenance of a community water

17 supply, as defined under Section 3.145 of the Environmental

18 Protection Act, that is operated by a not-for-profit

19 corporation that holds a valid water supply permit issued

20 under Title IV of the Environmental Protection Act. This

21 paragraph is exempt from the provisions of Section 3-55.

22  (28) Tangible personal property sold to a

23 public-facilities corporation, as described in Section

24 11-65-10 of the Illinois Municipal Code, for purposes of

25 constructing or furnishing a municipal convention hall, but

26 only if the legal title to the municipal convention hall is
    SB3019 Enrolled  - 216 - LRB104 20255 HLH 33706 b

1 transferred to the municipality without any further

2 consideration by or on behalf of the municipality at the time

3 of the completion of the municipal convention hall or upon the

4 retirement or redemption of any bonds or other debt

5 instruments issued by the public-facilities corporation in

6 connection with the development of the municipal convention

7 hall. This exemption includes existing public-facilities

8 corporations as provided in Section 11-65-25 of the Illinois

9 Municipal Code. This paragraph is exempt from the provisions

10 of Section 3-55.

11  (29) Beginning January 1, 2010 and continuing through

12 December 31, 2029, materials, parts, equipment, components,

13 and furnishings incorporated into or upon an aircraft as part

14 of the modification, refurbishment, completion, replacement,

15 repair, or maintenance of the aircraft. This exemption

16 includes consumable supplies used in the modification,

17 refurbishment, completion, replacement, repair, and

18 maintenance of aircraft. However, until January 1, 2024, this

19 exemption excludes any materials, parts, equipment,

20 components, and consumable supplies used in the modification,

21 replacement, repair, and maintenance of aircraft engines or

22 power plants, whether such engines or power plants are

23 installed or uninstalled upon any such aircraft. "Consumable

24 supplies" include, but are not limited to, adhesive, tape,

25 sandpaper, general purpose lubricants, cleaning solution,

26 latex gloves, and protective films.
    SB3019 Enrolled  - 217 - LRB104 20255 HLH 33706 b

1   Beginning January 1, 2010 and continuing through December

2 31, 2023, this exemption applies only to the transfer of

3 qualifying tangible personal property incident to the

4 modification, refurbishment, completion, replacement, repair,

5 or maintenance of an aircraft by persons who (i) hold an Air

6 Agency Certificate and are empowered to operate an approved

7 repair station by the Federal Aviation Administration, (ii)

8 have a Class IV Rating, and (iii) conduct operations in

9 accordance with Part 145 of the Federal Aviation Regulations.

10 The exemption does not include aircraft operated by a

11 commercial air carrier providing scheduled passenger air

12 service pursuant to authority issued under Part 121 or Part

13 129 of the Federal Aviation Regulations. From January 1, 2024

14 through December 31, 2029, this exemption applies only to the

15 transfer of qualifying tangible personal property incident to:

16 (A) the modification, refurbishment, completion, repair,

17 replacement, or maintenance of an aircraft by persons who (i)

18 hold an Air Agency Certificate and are empowered to operate an

19 approved repair station by the Federal Aviation

20 Administration, (ii) have a Class IV Rating, and (iii) conduct

21 operations in accordance with Part 145 of the Federal Aviation

22 Regulations; and (B) the modification, replacement, repair,

23 and maintenance of aircraft engines or power plants without

24 regard to whether or not those persons meet the qualifications

25 of item (A).

26  The changes made to this paragraph (29) by Public Act
    SB3019 Enrolled  - 218 - LRB104 20255 HLH 33706 b

1 98-534 are declarative of existing law. It is the intent of the

2 General Assembly that the exemption under this paragraph (29)

3 applies continuously from January 1, 2010 through December 31,

4 2024; however, no claim for credit or refund is allowed for

5 taxes paid as a result of the disallowance of this exemption on

6 or after January 1, 2015 and prior to February 5, 2020 (the

7 effective date of Public Act 101-629).

8   (30) Beginning January 1, 2017 and through December 31,

9 2026, menstrual pads, tampons, and menstrual cups.

10  (31) Tangible personal property transferred to a purchaser

11 who is exempt from tax by operation of federal law. This

12 paragraph is exempt from the provisions of Section 3-55.

13  (32) Qualified tangible personal property used in the

14 construction or operation of a data center that has been

15 granted a certificate of exemption by the Department of

16 Commerce and Economic Opportunity, whether that tangible

17 personal property is purchased by the owner, operator, or

18 tenant of the data center or by a contractor or subcontractor

19 of the owner, operator, or tenant. Data centers that would

20 have qualified for a certificate of exemption prior to January

21 1, 2020 had Public Act 101-31 been in effect, may apply for and

22 obtain an exemption for subsequent purchases of computer

23 equipment or enabling software purchased or leased to upgrade,

24 supplement, or replace computer equipment or enabling software

25 purchased or leased in the original investment that would have

26 qualified.
    SB3019 Enrolled         - 219 - LRB104 20255 HLH 33706 b

1   The Department of Commerce and Economic Opportunity shall

2 grant a certificate of exemption under this item (32) to

3 qualified data centers as defined by Section 605-1025 of the

4 Department of Commerce and Economic Opportunity Law of the

5 Civil Administrative Code of Illinois.

6   For the purposes of this item (32):

7   "Data center" means a building or a series of

8   buildings rehabilitated or constructed to house working

9   servers in one physical location or multiple sites within

10  the State of Illinois.

11  "Qualified tangible personal property" means:

12  electrical systems and equipment; climate control and

13  chilling equipment and systems; mechanical systems and

14  equipment; monitoring and secure systems; emergency

15  generators; hardware; computers; servers; data storage

16  devices; network connectivity equipment; racks; cabinets;

17  telecommunications cabling infrastructure; raised floor

18  systems; peripheral components or systems; software;

19  mechanical, electrical, or plumbing systems; battery

20  systems; cooling systems and towers; temperature control

21  systems; other cabling; and other data center

22  infrastructure equipment and systems necessary to operate

23  qualified tangible personal property, including fixtures;

24  and component parts of any of the foregoing, including

25  installation, maintenance, repair, refurbishment, and

26  replacement of qualified tangible personal property to
    SB3019 Enrolled         - 220 - LRB104 20255 HLH 33706 b

1   generate, transform, transmit, distribute, or manage

2   electricity necessary to operate qualified tangible

3   personal property; and all other tangible personal

4   property that is essential to the operations of a computer

5   data center. The term "qualified tangible personal

6   property" also includes building materials physically

7   incorporated into the qualifying data center. To document

8   the exemption allowed under this Section, the retailer

9   must obtain from the purchaser a copy of the certificate

10  of eligibility issued by the Department of Commerce and

11  Economic Opportunity.

12  This item (32) is exempt from the provisions of Section

13 3-55.

14  (33) Beginning July 1, 2022, breast pumps, breast pump

15 collection and storage supplies, and breast pump kits. This

16 item (33) is exempt from the provisions of Section 3-55. As

17 used in this item (33):

18        "Breast pump" means an electrically controlled or

19  manually controlled pump device designed or marketed to be

20  used to express milk from a human breast during lactation,

21  including the pump device and any battery, AC adapter, or

22  other power supply unit that is used to power the pump

23  device and is packaged and sold with the pump device at the

24  time of sale.

25        "Breast pump collection and storage supplies" means

26  items of tangible personal property designed or marketed
    SB3019 Enrolled     - 221 - LRB104 20255 HLH 33706 b

1   to be used in conjunction with a breast pump to collect

2   milk expressed from a human breast and to store collected

3   milk until it is ready for consumption.

4   "Breast pump collection and storage supplies"

5   includes, but is not limited to: breast shields and breast

6   shield connectors; breast pump tubes and tubing adapters;

7   breast pump valves and membranes; backflow protectors and

8   backflow protector adaptors; bottles and bottle caps

9   specific to the operation of the breast pump; and breast

10  milk storage bags.

11  "Breast pump collection and storage supplies" does not

12  include: (1) bottles and bottle caps not specific to the

13  operation of the breast pump; (2) breast pump travel bags

14  and other similar carrying accessories, including ice

15  packs, labels, and other similar products; (3) breast pump

16  cleaning supplies; (4) nursing bras, bra pads, breast

17  shells, and other similar products; and (5) creams,

18  ointments, and other similar products that relieve

19  breastfeeding-related symptoms or conditions of the

20  breasts or nipples, unless sold as part of a breast pump

21  kit that is pre-packaged by the breast pump manufacturer

22  or distributor.

23  "Breast pump kit" means a kit that: (1) contains no

24  more than a breast pump, breast pump collection and

25  storage supplies, a rechargeable battery for operating the

26  breast pump, a breastmilk cooler, bottle stands, ice
    SB3019 Enrolled  - 222 - LRB104 20255 HLH 33706 b

1   packs, and a breast pump carrying case; and (2) is

2   pre-packaged as a breast pump kit by the breast pump

3   manufacturer or distributor.

4   (34) Tangible personal property sold by or on behalf of

5 the State Treasurer pursuant to the Revised Uniform Unclaimed

6 Property Act. This item (34) is exempt from the provisions of

7 Section 3-55.

8   (35) Beginning on January 1, 2024, tangible personal

9 property purchased by an active duty member of the armed

10 forces of the United States who presents valid military

11 identification and purchases the property using a form of

12 payment where the federal government is the payor. The member

13 of the armed forces must complete, at the point of sale, a form

14 prescribed by the Department of Revenue documenting that the

15 transaction is eligible for the exemption under this

16 paragraph. Retailers must keep the form as documentation of

17 the exemption in their records for a period of not less than 6

18 years. "Armed forces of the United States" means the United

19 States Army, Navy, Air Force, Space Force, Marine Corps, or

20 Coast Guard. This paragraph is exempt from the provisions of

21 Section 3-55.

22  (36) Beginning July 1, 2024, home-delivered meals provided

23 to Medicare or Medicaid recipients when payment is made by an

24 intermediary, such as a Medicare Administrative Contractor, a

25 Managed Care Organization, or a Medicare Advantage

26 Organization, pursuant to a government contract. This
    SB3019 Enrolled  - 223 - LRB104 20255 HLH 33706 b

1 paragraph (36) is exempt from the provisions of Section 3-55.

2   (37) Beginning on January 1, 2026, as further defined in

3 Section 3-10, food prepared for immediate consumption and

4 transferred incident to a sale of service subject to this Act

5 or the Service Use Tax Act by an entity licensed under the

6 Hospital Licensing Act, the Nursing Home Care Act, the

7 Assisted Living and Shared Housing Act, the ID/DD Community

8 Care Act, the MC/DD Act, the Specialized Mental Health

9 Rehabilitation Act of 2013, or the Child Care Act of 1969 or by

10 an entity that holds a permit issued pursuant to the Life Care

11 Facilities Act. This item (37) is exempt from the provisions

12 of Section 3-55.

13  (38) Beginning on January 1, 2026, as further defined in

14 Section 3-10, food for human consumption that is to be

15 consumed off the premises where it is sold (other than

16 alcoholic liquor taxable under Section 8-1 of the Liquor

17 Control Act of 1934 beverages, food consisting of or infused

18 with adult use cannabis, soft drinks, candy, and food that has

19 been prepared for immediate consumption). This item (38) is

20 exempt from the provisions of Section 3-55.

21  (39) The lease of the following tangible personal

22 property:

23  (1) computer software transferred subject to a license

24  that meets the following requirements:

25            (A) it is evidenced by a written agreement signed

26  by the licensor and the customer;
    SB3019 Enrolled    - 224 - LRB104 20255 HLH 33706 b

1                    (i) an electronic agreement in which the

2   customer accepts the license by means of an

3   electronic signature that is verifiable and can be

4   authenticated and is attached to or made part of

5   the license will comply with this requirement;

6                    (ii) a license agreement in which the customer

7   electronically accepts the terms by clicking "I

8   agree" does not comply with this requirement;

9   (B) it restricts the customer's duplication and

10  use of the software;

11  (C) it prohibits the customer from licensing,

12  sublicensing, or transferring the software to a third

13  party (except to a related party) without the

14  permission and continued control of the licensor;

15  (D) the licensor has a policy of providing another

16  copy at minimal or no charge if the customer loses or

17  damages the software, or of permitting the licensee to

18  make and keep an archival copy, and such policy is

19  either stated in the license agreement, supported by

20  the licensor's books and records, or supported by a

21  notarized statement made under penalties of perjury by

22  the licensor; and

23  (E) the customer must destroy or return all copies

24  of the software to the licensor at the end of the

25  license period; this provision is deemed to be met, in

26  the case of a perpetual license, without being set
    SB3019 Enrolled     - 225 - LRB104 20255 HLH 33706 b

1   forth in the license agreement; and

2   (2) property that is subject to a tax on lease

3   receipts imposed by a home rule unit of local government

4   if the ordinance imposing that tax was adopted prior to

5   January 1, 2023.

6 (Source: P.A. 103-9, Article 5, Section 5-15, eff. 6-7-23;

7 103-9, Article 15, Section 15-15, eff. 6-7-23; 103-154, eff.

8 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

9 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

10 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.

11 8-15-25.)

12  (35 ILCS 115/3-10)

13  Sec. 3-10. Rate of tax. Unless otherwise provided in this

14 Section, the tax imposed by this Act is at the rate of 6.25% of

15 the "selling price", as defined in Section 2 of the Service Use

16 Tax Act, of the tangible personal property, including, on and

17 after January 1, 2025, tangible personal property transferred

18 by lease. For the purpose of computing this tax, in no event

19 shall the "selling price" be less than the cost price to the

20 serviceman of the tangible personal property transferred. The

21 selling price of each item of tangible personal property

22 transferred as an incident of a sale of service may be shown as

23 a distinct and separate item on the serviceman's billing to

24 the service customer. If the selling price is not so shown, the

25 selling price of the tangible personal property is deemed to
    SB3019 Enrolled  - 226 - LRB104 20255 HLH 33706 b

1 be 50% of the serviceman's entire billing to the service

2 customer. When, however, a serviceman contracts to design,

3 develop, and produce special order machinery or equipment, the

4 tax imposed by this Act shall be based on the serviceman's cost

5 price of the tangible personal property transferred incident

6 to the completion of the contract.

7   Beginning on July 1, 2000 and through December 31, 2000,

8 with respect to motor fuel, as defined in Section 1.1 of the

9 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

10 the Use Tax Act, the tax is imposed at the rate of 1.25%.

11  With respect to gasohol, as defined in the Use Tax Act, the

12 tax imposed by this Act shall apply to (i) 70% of the cost

13 price of property transferred as an incident to the sale of

14 service on or after January 1, 1990, and before July 1, 2003,

15 (ii) 80% of the selling price of property transferred as an

16 incident to the sale of service on or after July 1, 2003 and on

17 or before July 1, 2017, (iii) 100% of the selling price of

18 property transferred as an incident to the sale of service

19 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of

20 the selling price of property transferred as an incident to

21 the sale of service on or after January 1, 2024 and on or

22 before December 31, 2028, and (v) 100% of the selling price of

23 property transferred as an incident to the sale of service

24 after December 31, 2028. If, at any time, however, the tax

25 under this Act on sales of gasohol, as defined in the Use Tax

26 Act, is imposed at the rate of 1.25%, then the tax imposed by
    SB3019 Enrolled       - 227 - LRB104 20255 HLH 33706 b

1 this Act applies to 100% of the proceeds of sales of gasohol

2 made during that time.

3   With respect to mid-range ethanol blends, as defined in

4 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

5 applies to (i) 80% of the selling price of property

6 transferred as an incident to the sale of service on or after

7 January 1, 2024 and on or before December 31, 2028 and (ii)

8 100% of the selling price of property transferred as an

9 incident to the sale of service after December 31, 2028. If, at

10 any time, however, the tax under this Act on sales of mid-range

11 ethanol blends is imposed at the rate of 1.25%, then the tax

12 imposed by this Act applies to 100% of the selling price of

13 mid-range ethanol blends transferred as an incident to the

14 sale of service during that time.

15  With respect to majority blended ethanol fuel, as defined

16 in the Use Tax Act, the tax imposed by this Act does not apply

17 to the selling price of property transferred as an incident to

18 the sale of service on or after July 1, 2003 and on or before

19 December 31, 2028 but applies to 100% of the selling price

20 thereafter.

21  With respect to biodiesel blends, as defined in the Use

22 Tax Act, with no less than 1% and no more than 10% biodiesel,

23 the tax imposed by this Act applies to (i) 80% of the selling

24 price of property transferred as an incident to the sale of

25 service on or after July 1, 2003 and on or before December 31,

26 2018 and (ii) 100% of the proceeds of the selling price after
    SB3019 Enrolled           - 228 - LRB104 20255 HLH 33706 b

1 December 31, 2018 and before January 1, 2024. On and after

2 January 1, 2024 and on or before December 31, 2030, the

3 taxation of biodiesel, renewable diesel, and biodiesel blends

4 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

5 at any time, however, the tax under this Act on sales of

6 biodiesel blends, as defined in the Use Tax Act, with no less

7 than 1% and no more than 10% biodiesel is imposed at the rate

8 of 1.25%, then the tax imposed by this Act applies to 100% of

9 the proceeds of sales of biodiesel blends with no less than 1%

10 and no more than 10% biodiesel made during that time.

11  With respect to biodiesel, as defined in the Use Tax Act,

12 and biodiesel blends, as defined in the Use Tax Act, with more

13 than 10% but no more than 99% biodiesel material, the tax

14 imposed by this Act does not apply to the proceeds of the

15 selling price of property transferred as an incident to the

16 sale of service on or after July 1, 2003 and on or before

17 December 31, 2023. On and after January 1, 2024 and on or

18 before December 31, 2030, the taxation of biodiesel, renewable

19 diesel, and biodiesel blends shall be as provided in Section

20 3-5.1 of the Use Tax Act.

21  At the election of any registered serviceman made for each

22 fiscal year, for whom the aggregate annual cost price of

23 tangible personal property transferred as an incident to the

24 sales of service is less than 35%, or 75% in the case of

25 servicemen transferring prescription drugs or servicemen

26 engaged in graphic arts production, of the aggregate annual
    SB3019 Enrolled  - 229 - LRB104 20255 HLH 33706 b

1 total gross receipts from all sales of service, the tax

2 imposed by this Act shall be based on the serviceman's cost

3 price of the tangible personal property transferred incident

4 to the sale of those services. This election may also be made

5 by a serviceman maintaining a place of business in this State

6 who makes retail sales from outside of this State to Illinois

7 customers but is not required to be registered under Section

8 2a of the Retailers' Occupation Tax Act. Beginning January 1,

9 2026, this election shall not apply to any sale of service made

10 through a marketplace that has met the threshold in subsection

11 (d) of Section 3 of this Act.

12  Beginning January 1, 2026, the tax shall be imposed at the

13 rate of 6.25% of 50% of the entire billing to the service

14 customer for all sales of service made through a marketplace

15 that has met the threshold in subsection (d) of Section 3 of

16 this Act. In no event shall 50% of the entire billing be less

17 than the cost price of the property to the marketplace

18 serviceman or the marketplace facilitator on its own sales of

19 service.

20  Until July 1, 2022 and from July 1, 2023 through December

21 31, 2025, the tax shall be imposed at the rate of 1% on food

22 prepared for immediate consumption and transferred incident to

23 a sale of service subject to this Act or the Service Use Tax

24 Act by an entity licensed under the Hospital Licensing Act,

25 the Nursing Home Care Act, the Assisted Living and Shared

26 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the
    SB3019 Enrolled  - 230 - LRB104 20255 HLH 33706 b

1 Specialized Mental Health Rehabilitation Act of 2013, or the

2 Child Care Act of 1969, or an entity that holds a permit issued

3 pursuant to the Life Care Facilities Act. Until July 1, 2022

4 and from July 1, 2023 through December 31, 2025, the tax shall

5 also be imposed at the rate of 1% on food for human consumption

6 that is to be consumed off the premises where it is sold (other

7 than alcoholic beverages, food consisting of or infused with

8 adult use cannabis, soft drinks, and food that has been

9 prepared for immediate consumption and is not otherwise

10 included in this paragraph).

11  Beginning on July 1, 2022 and until July 1, 2023, the tax

12 shall be imposed at the rate of 0% on food prepared for

13 immediate consumption and transferred incident to a sale of

14 service subject to this Act or the Service Use Tax Act by an

15 entity licensed under the Hospital Licensing Act, the Nursing

16 Home Care Act, the Assisted Living and Shared Housing Act, the

17 ID/DD Community Care Act, the MC/DD Act, the Specialized

18 Mental Health Rehabilitation Act of 2013, or the Child Care

19 Act of 1969, or an entity that holds a permit issued pursuant

20 to the Life Care Facilities Act. Beginning July 1, 2022 and

21 until July 1, 2023, the tax shall also be imposed at the rate

22 of 0% on food for human consumption that is to be consumed off

23 the premises where it is sold (other than alcoholic beverages,

24 food consisting of or infused with adult use cannabis, soft

25 drinks, and food that has been prepared for immediate

26 consumption and is not otherwise included in this paragraph).
    SB3019 Enrolled          - 231 - LRB104 20255 HLH 33706 b

1   On and after January 1, 2026, food prepared for immediate

2 consumption and transferred incident to a sale of service

3 subject to this Act or the Service Use Tax Act by an entity

4 licensed under the Hospital Licensing Act, the Nursing Home

5 Care Act, the Assisted Living and Shared Housing Act, the

6 ID/DD Community Care Act, the MC/DD Act, the Specialized

7 Mental Health Rehabilitation Act of 2013, or the Child Care

8 Act of 1969, or an entity that holds a permit issued pursuant

9 to the Life Care Facilities Act is exempt from the tax imposed

10 by this Act. On and after January 1, 2026, food for human

11 consumption that is to be consumed off the premises where it is

12 sold (other than alcoholic liquor taxable under Section 8-1 of

13 the Liquor Control Act of 1934 beverages, food consisting of

14 or infused with adult use cannabis, soft drinks, candy, and

15 food that has been prepared for immediate consumption and is

16 not otherwise included in this paragraph) is exempt from the

17 tax imposed by this Act.

18  The tax shall be imposed at the rate of 1% on prescription

19 and nonprescription medicines, drugs, medical appliances,

20 products classified as Class III medical devices by the United

21 States Food and Drug Administration that are used for cancer

22 treatment pursuant to a prescription, as well as any

23 accessories and components related to those devices,

24 modifications to a motor vehicle for the purpose of rendering

25 it usable by a person with a disability, and insulin, blood

26 sugar testing materials, syringes, and needles used by human
    SB3019 Enrolled  - 232 - LRB104 20255 HLH 33706 b

1 diabetics. For the purposes of this Section, until September

2 1, 2009: the term "soft drinks" means any complete, finished,

3 ready-to-use, non-alcoholic drink, whether carbonated or not,

4 including, but not limited to, soda water, cola, fruit juice,

5 vegetable juice, carbonated water, and all other preparations

6 commonly known as soft drinks of whatever kind or description

7 that are contained in any closed or sealed can, carton, or

8 container, regardless of size; but "soft drinks" does not

9 include coffee, tea, non-carbonated water, infant formula,

10 milk or milk products as defined in the Grade A Pasteurized

11 Milk and Milk Products Act, or drinks containing 50% or more

12 natural fruit or vegetable juice.

13  Notwithstanding any other provisions of this Act,

14 beginning September 1, 2009, "soft drinks" means non-alcoholic

15 beverages that contain natural or artificial sweeteners. "Soft

16 drinks" does not include beverages that contain milk or milk

17 products, soy, rice or similar milk substitutes, or greater

18 than 50% of vegetable or fruit juice by volume.

19  Until August 1, 2009, and notwithstanding any other

20 provisions of this Act, "food for human consumption that is to

21 be consumed off the premises where it is sold" includes all

22 food sold through a vending machine, except soft drinks and

23 food products that are dispensed hot from a vending machine,

24 regardless of the location of the vending machine. Beginning

25 August 1, 2009, and notwithstanding any other provisions of

26 this Act, "food for human consumption that is to be consumed
    SB3019 Enrolled  - 233 - LRB104 20255 HLH 33706 b

1 off the premises where it is sold" includes all food sold

2 through a vending machine, except soft drinks, candy, and food

3 products that are dispensed hot from a vending machine,

4 regardless of the location of the vending machine.

5   Notwithstanding any other provisions of this Act,

6 beginning September 1, 2009, "food for human consumption that

7 is to be consumed off the premises where it is sold" does not

8 include candy. For purposes of this Section, "candy" means a

9 preparation of sugar, honey, or other natural or artificial

10 sweeteners in combination with chocolate, fruits, nuts or

11 other ingredients or flavorings in the form of bars, drops, or

12 pieces. "Candy" does not include any preparation that contains

13 flour or requires refrigeration.

14  Notwithstanding any other provisions of this Act,

15 beginning September 1, 2009, "nonprescription medicines and

16 drugs" does not include grooming and hygiene products. For

17 purposes of this Section, "grooming and hygiene products"

18 includes, but is not limited to, soaps and cleaning solutions,

19 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

20 lotions and screens, unless those products are available by

21 prescription only, regardless of whether the products meet the

22 definition of "over-the-counter-drugs". For the purposes of

23 this paragraph, "over-the-counter-drug" means a drug for human

24 use that contains a label that identifies the product as a drug

25 as required by 21 CFR 201.66. The "over-the-counter-drug"

26 label includes:
    SB3019 Enrolled      - 234 - LRB104 20255 HLH 33706 b

1   (A) a "Drug Facts" panel; or

2   (B) a statement of the "active ingredient(s)" with a

3   list of those ingredients contained in the compound,

4   substance or preparation.

5   Beginning on January 1, 2014 (the effective date of Public

6 Act 98-122), "prescription and nonprescription medicines and

7 drugs" includes medical cannabis purchased from a registered

8 dispensing organization under the Compassionate Use of Medical

9 Cannabis Program Act.

10  As used in this Section, "adult use cannabis" means

11 cannabis subject to tax under the Cannabis Cultivation

12 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

13 and does not include cannabis subject to tax under the

14 Compassionate Use of Medical Cannabis Program Act.

15 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

16 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.

17 6-16-25; 104-417, eff. 8-15-25.)

18  Section 70-40. The Retailers' Occupation Tax Act is

19 amended by changing Sections 2-5, 2-10, and 2-13 as follows:

20  (35 ILCS 120/2-5)

21  Sec. 2-5. Exemptions. Gross receipts from proceeds from

22 the sale, which, on and after January 1, 2025, includes the

23 lease, of the following tangible personal property are exempt

24 from the tax imposed by this Act:
    SB3019 Enrolled      - 235 - LRB104 20255 HLH 33706 b

1   (1) Farm chemicals.

2   (2) Farm machinery and equipment, both new and used,

3   including that manufactured on special order, certified by

4   the purchaser to be used primarily for production

5   agriculture or State or federal agricultural programs,

6   including individual replacement parts for the machinery

7   and equipment, including machinery and equipment purchased

8   for lease, and including implements of husbandry defined

9   in Section 1-130 of the Illinois Vehicle Code, farm

10  machinery and agricultural chemical and fertilizer

11  spreaders, and nurse wagons required to be registered

12  under Section 3-809 of the Illinois Vehicle Code, but

13  excluding other motor vehicles required to be registered

14  under the Illinois Vehicle Code. Horticultural polyhouses

15  or hoop houses used for propagating, growing, or

16  overwintering plants shall be considered farm machinery

17  and equipment under this item (2). Agricultural chemical

18  tender tanks and dry boxes shall include units sold

19  separately from a motor vehicle required to be licensed

20  and units sold mounted on a motor vehicle required to be

21  licensed, if the selling price of the tender is separately

22  stated.

23  Farm machinery and equipment shall include precision

24  farming equipment that is installed or purchased to be

25  installed on farm machinery and equipment including, but

26  not limited to, tractors, harvesters, sprayers, planters,
    SB3019 Enrolled  - 236 - LRB104 20255 HLH 33706 b

1   seeders, or spreaders. Precision farming equipment

2   includes, but is not limited to, soil testing sensors,

3   computers, monitors, software, global positioning and

4   mapping systems, and other such equipment.

5   Farm machinery and equipment also includes computers,

6   sensors, software, and related equipment used primarily in

7   the computer-assisted operation of production agriculture

8   facilities, equipment, and activities such as, but not

9   limited to, the collection, monitoring, and correlation of

10  animal and crop data for the purpose of formulating animal

11  diets and agricultural chemicals.

12  Beginning on January 1, 2024, farm machinery and

13  equipment also includes electrical power generation

14  equipment used primarily for production agriculture.

15  This item (2) is exempt from the provisions of Section

16  2-70.

17  (3) Until July 1, 2003, distillation machinery and

18  equipment, sold as a unit or kit, assembled or installed

19  by the retailer, certified by the user to be used only for

20  the production of ethyl alcohol that will be used for

21  consumption as motor fuel or as a component of motor fuel

22  for the personal use of the user, and not subject to sale

23  or resale.

24  (4) Until July 1, 2003 and beginning again September

25  1, 2004 through August 30, 2014, graphic arts machinery

26  and equipment, including repair and replacement parts,
    SB3019 Enrolled   - 237 - LRB104 20255 HLH 33706 b

1   both new and used, and including that manufactured on

2   special order or purchased for lease, certified by the

3   purchaser to be used primarily for graphic arts

4   production. Equipment includes chemicals or chemicals

5   acting as catalysts but only if the chemicals or chemicals

6   acting as catalysts effect a direct and immediate change

7   upon a graphic arts product. Beginning on July 1, 2017,

8   graphic arts machinery and equipment is included in the

9   manufacturing and assembling machinery and equipment

10  exemption under paragraph (14).

11  (5) A motor vehicle that is used for automobile

12  renting, as defined in the Automobile Renting Occupation

13  and Use Tax Act. This paragraph is exempt from the

14  provisions of Section 2-70.

15  (6) Personal property sold by a teacher-sponsored

16  student organization affiliated with an elementary or

17  secondary school located in Illinois.

18  (7) Until July 1, 2003, proceeds of that portion of

19  the selling price of a passenger car the sale of which is

20  subject to the Replacement Vehicle Tax.

21  (8) Personal property sold to an Illinois county fair

22  association for use in conducting, operating, or promoting

23  the county fair.

24  (9) Personal property sold to a not-for-profit arts or

25  cultural organization that establishes, by proof required

26  by the Department by rule, that it has received an
    SB3019 Enrolled  - 238 - LRB104 20255 HLH 33706 b

1   exemption under Section 501(c)(3) of the Internal Revenue

2   Code and that is organized and operated primarily for the

3   presentation or support of arts or cultural programming,

4   activities, or services. These organizations include, but

5   are not limited to, music and dramatic arts organizations

6   such as symphony orchestras and theatrical groups, arts

7   and cultural service organizations, local arts councils,

8   visual arts organizations, and media arts organizations.

9   On and after July 1, 2001 (the effective date of Public Act

10  92-35), however, an entity otherwise eligible for this

11  exemption shall not make tax-free purchases unless it has

12  an active identification number issued by the Department.

13  (10) Personal property sold by a corporation, society,

14  association, foundation, institution, or organization,

15  other than a limited liability company, that is organized

16  and operated as a not-for-profit service enterprise for

17  the benefit of persons 65 years of age or older if the

18  personal property was not purchased by the enterprise for

19  the purpose of resale by the enterprise.

20  (11) Except as otherwise provided in this Section,

21  personal property sold to a governmental body, to a

22  corporation, society, association, foundation, or

23  institution organized and operated exclusively for

24  charitable, religious, or educational purposes, or to a

25  not-for-profit corporation, society, association,

26  foundation, institution, or organization that has no
    SB3019 Enrolled  - 239 - LRB104 20255 HLH 33706 b

1   compensated officers or employees and that is organized

2   and operated primarily for the recreation of persons 55

3   years of age or older. A limited liability company may

4   qualify for the exemption under this paragraph only if the

5   limited liability company is organized and operated

6   exclusively for educational purposes. On and after July 1,

7   1987, however, no entity otherwise eligible for this

8   exemption shall make tax-free purchases unless it has an

9   active identification number issued by the Department.

10  (12) (Blank).

11  (12-5) On and after July 1, 2003 and through June 30,

12  2004, motor vehicles of the second division with a gross

13  vehicle weight in excess of 8,000 pounds that are subject

14  to the commercial distribution fee imposed under Section

15  3-815.1 of the Illinois Vehicle Code. Beginning on July 1,

16  2004 and through June 30, 2005, the use in this State of

17  motor vehicles of the second division: (i) with a gross

18  vehicle weight rating in excess of 8,000 pounds; (ii) that

19  are subject to the commercial distribution fee imposed

20  under Section 3-815.1 of the Illinois Vehicle Code; and

21  (iii) that are primarily used for commercial purposes.

22  Through June 30, 2005, this exemption applies to repair

23  and replacement parts added after the initial purchase of

24  such a motor vehicle if that motor vehicle is used in a

25  manner that would qualify for the rolling stock exemption

26  otherwise provided for in this Act. For purposes of this
    SB3019 Enrolled  - 240 - LRB104 20255 HLH 33706 b

1   paragraph, "used for commercial purposes" means the

2   transportation of persons or property in furtherance of

3   any commercial or industrial enterprise whether for-hire

4   or not.

5   (13) Proceeds from sales to owners or lessors,

6   lessees, or shippers of tangible personal property that is

7   utilized by interstate carriers for hire for use as

8   rolling stock moving in interstate commerce and equipment

9   operated by a telecommunications provider, licensed as a

10  common carrier by the Federal Communications Commission,

11  which is permanently installed in or affixed to aircraft

12  moving in interstate commerce.

13  (14) Machinery and equipment that will be used by the

14  purchaser, or a lessee of the purchaser, primarily in the

15  process of manufacturing or assembling tangible personal

16  property for wholesale or retail sale or lease, whether

17  the sale or lease is made directly by the manufacturer or

18  by some other person, whether the materials used in the

19  process are owned by the manufacturer or some other

20  person, or whether the sale or lease is made apart from or

21  as an incident to the seller's engaging in the service

22  occupation of producing machines, tools, dies, jigs,

23  patterns, gauges, or other similar items of no commercial

24  value on special order for a particular purchaser. The

25  exemption provided by this paragraph (14) does not include

26  machinery and equipment used in (i) the generation of
    SB3019 Enrolled   - 241 - LRB104 20255 HLH 33706 b

1   electricity for wholesale or retail sale; (ii) the

2   generation or treatment of natural or artificial gas for

3   wholesale or retail sale that is delivered to customers

4   through pipes, pipelines, or mains; or (iii) the treatment

5   of water for wholesale or retail sale that is delivered to

6   customers through pipes, pipelines, or mains. The

7   provisions of Public Act 98-583 are declaratory of

8   existing law as to the meaning and scope of this

9   exemption. Beginning on July 1, 2017, the exemption

10  provided by this paragraph (14) includes, but is not

11  limited to, graphic arts machinery and equipment, as

12  defined in paragraph (4) of this Section.

13  (15) Proceeds of mandatory service charges separately

14  stated on customers' bills for purchase and consumption of

15  food and beverages, to the extent that the proceeds of the

16  service charge are in fact turned over as tips or as a

17  substitute for tips to the employees who participate

18  directly in preparing, serving, hosting or cleaning up the

19  food or beverage function with respect to which the

20  service charge is imposed.

21  (16) Tangible personal property sold to a purchaser if

22  the purchaser is exempt from use tax by operation of

23  federal law. This paragraph is exempt from the provisions

24  of Section 2-70.

25  (17) Tangible personal property sold to a common

26  carrier by rail or motor that receives the physical
    SB3019 Enrolled       - 242 - LRB104 20255 HLH 33706 b

1   possession of the property in Illinois and that transports

2   the property, or shares with another common carrier in the

3   transportation of the property, out of Illinois on a

4   standard uniform bill of lading showing the seller of the

5   property as the shipper or consignor of the property to a

6   destination outside Illinois, for use outside Illinois.

7   (18) Legal tender, currency, medallions, or gold or

8   silver coinage issued by the State of Illinois, the

9   government of the United States of America, or the

10  government of any foreign country, and bullion.

11  (19) Until July 1, 2003, oil field exploration,

12  drilling, and production equipment, including (i) rigs and

13  parts of rigs, rotary rigs, cable tool rigs, and workover

14  rigs, (ii) pipe and tubular goods, including casing and

15  drill strings, (iii) pumps and pump-jack units, (iv)

16  storage tanks and flow lines, (v) any individual

17  replacement part for oil field exploration, drilling, and

18  production equipment, and (vi) machinery and equipment

19  purchased for lease; but excluding motor vehicles required

20  to be registered under the Illinois Vehicle Code.

21  (20) Photoprocessing machinery and equipment,

22  including repair and replacement parts, both new and used,

23  including that manufactured on special order, certified by

24  the purchaser to be used primarily for photoprocessing,

25  and including photoprocessing machinery and equipment

26  purchased for lease.
    SB3019 Enrolled  - 243 - LRB104 20255 HLH 33706 b

1   (21) Until July 1, 2028, coal and aggregate

2   exploration, mining, off-highway hauling, processing,

3   maintenance, and reclamation equipment, including

4   replacement parts and equipment, and including equipment

5   purchased for lease, but excluding motor vehicles required

6   to be registered under the Illinois Vehicle Code. The

7   changes made to this Section by Public Act 97-767 apply on

8   and after July 1, 2003, but no claim for credit or refund

9   is allowed on or after August 16, 2013 (the effective date

10  of Public Act 98-456) for such taxes paid during the

11  period beginning July 1, 2003 and ending on August 16,

12  2013 (the effective date of Public Act 98-456).

13  (22) Until June 30, 2013, fuel and petroleum products

14  sold to or used by an air carrier, certified by the carrier

15  to be used for consumption, shipment, or storage in the

16  conduct of its business as an air common carrier, for a

17  flight destined for or returning from a location or

18  locations outside the United States without regard to

19  previous or subsequent domestic stopovers.

20  Beginning July 1, 2013, fuel and petroleum products

21  sold to or used by an air carrier, certified by the carrier

22  to be used for consumption, shipment, or storage in the

23  conduct of its business as an air common carrier, for a

24  flight that (i) is engaged in foreign trade or is engaged

25  in trade between the United States and any of its

26  possessions and (ii) transports at least one individual or
    SB3019 Enrolled        - 244 - LRB104 20255 HLH 33706 b

1   package for hire from the city of origination to the city

2   of final destination on the same aircraft, without regard

3   to a change in the flight number of that aircraft.

4   (23) A transaction in which the purchase order is

5   received by a florist who is located outside Illinois, but

6   who has a florist located in Illinois deliver the property

7   to the purchaser or the purchaser's donee in Illinois.

8   (24) Fuel consumed or used in the operation of ships,

9   barges, or vessels that are used primarily in or for the

10  transportation of property or the conveyance of persons

11  for hire on rivers bordering on this State if the fuel is

12  delivered by the seller to the purchaser's barge, ship, or

13  vessel while it is afloat upon that bordering river.

14  (25) Except as provided in items (25-5) and (25-6) of

15  this Section, a motor vehicle sold in this State to a

16  nonresident even though the motor vehicle is delivered to

17  the nonresident in this State, if the motor vehicle is not

18  to be titled in this State, and if a drive-away permit is

19  issued to the motor vehicle as provided in Section 3-603

20  of the Illinois Vehicle Code or if the nonresident

21  purchaser has vehicle registration plates to transfer to

22  the motor vehicle upon returning to his or her home state.

23  The issuance of the drive-away permit or having the

24  out-of-state registration plates to be transferred is

25  prima facie evidence that the motor vehicle will not be

26  titled in this State.
    SB3019 Enrolled  - 245 - LRB104 20255 HLH 33706 b

1   (25-5) The exemption under item (25) does not apply if

2   the state in which the motor vehicle will be titled does

3   not allow a reciprocal exemption for a motor vehicle sold

4   and delivered in that state to an Illinois resident but

5   titled in Illinois. The tax collected under this Act on

6   the sale of a motor vehicle in this State to a resident of

7   another state that does not allow a reciprocal exemption

8   shall be imposed at a rate equal to the state's rate of tax

9   on taxable property in the state in which the purchaser is

10  a resident, except that the tax shall not exceed the tax

11  that would otherwise be imposed under this Act. At the

12  time of the sale, the purchaser shall execute a statement,

13  signed under penalty of perjury, of his or her intent to

14  title the vehicle in the state in which the purchaser is a

15  resident within 30 days after the sale and of the fact of

16  the payment to the State of Illinois of tax in an amount

17  equivalent to the state's rate of tax on taxable property

18  in his or her state of residence and shall submit the

19  statement to the appropriate tax collection agency in his

20  or her state of residence. In addition, the retailer must

21  retain a signed copy of the statement in his or her

22  records. Nothing in this item shall be construed to

23  require the removal of the vehicle from this state

24  following the filing of an intent to title the vehicle in

25  the purchaser's state of residence if the purchaser titles

26  the vehicle in his or her state of residence within 30 days
    SB3019 Enrolled  - 246 - LRB104 20255 HLH 33706 b

1   after the date of sale. The tax collected under this Act in

2   accordance with this item (25-5) shall be proportionately

3   distributed as if the tax were collected at the 6.25%

4   general rate imposed under this Act.

5   (25-6) There is a rebuttable presumption that the

6   exemption under item (25) does not apply if the purchaser

7   is a limited liability company and a member of the limited

8   liability company is a resident of Illinois. This

9   presumption may be rebutted by other evidence, such as

10  evidence the motor vehicle is insured at a garaging or

11  storage address outside Illinois or other evidence of the

12  physical address at which the motor vehicle will be

13  permanently stored or garaged outside Illinois.

14  (25-7) Beginning on July 1, 2007, no tax is imposed

15  under this Act on the sale of an aircraft, as defined in

16  Section 3 of the Illinois Aeronautics Act, if all of the

17  following conditions are met:

18  (1) the aircraft leaves this State within 15 days

19  after the later of either the issuance of the final

20  billing for the sale of the aircraft, or the

21  authorized approval for return to service, completion

22  of the maintenance record entry, and completion of the

23  test flight and ground test for inspection, as

24  required by 14 CFR 91.407;

25  (2) the aircraft is not based or registered in

26  this State after the sale of the aircraft; and
    SB3019 Enrolled   - 247 - LRB104 20255 HLH 33706 b

1   (3) the seller retains in his or her books and

2   records and provides to the Department a signed and

3   dated certification from the purchaser, on a form

4   prescribed by the Department, certifying that the

5   requirements of this item (25-7) are met. The

6   certificate must also include the name and address of

7   the purchaser, the address of the location where the

8   aircraft is to be titled or registered, the address of

9   the primary physical location of the aircraft, and

10  other information that the Department may reasonably

11  require.

12  For purposes of this item (25-7):

13  "Based in this State" means hangared, stored, or

14  otherwise used, excluding post-sale customizations as

15  defined in this Section, for 10 or more days in each

16  12-month period immediately following the date of the sale

17  of the aircraft.

18  "Registered in this State" means an aircraft

19  registered with the Department of Transportation,

20  Aeronautics Division, or titled or registered with the

21  Federal Aviation Administration to an address located in

22  this State.

23  This paragraph (25-7) is exempt from the provisions of

24  Section 2-70.

25  (26) Semen used for artificial insemination of

26  livestock for direct agricultural production.
    SB3019 Enrolled          - 248 - LRB104 20255 HLH 33706 b

1   (27) Horses, or interests in horses, registered with

2   and meeting the requirements of any of the Arabian Horse

3   Club Registry of America, Appaloosa Horse Club, American

4   Quarter Horse Association, United States Trotting

5   Association, or Jockey Club, as appropriate, used for

6   purposes of breeding or racing for prizes. This item (27)

7   is exempt from the provisions of Section 2-70, and the

8   exemption provided for under this item (27) applies for

9   all periods beginning May 30, 1995, but no claim for

10  credit or refund is allowed on or after January 1, 2008

11  (the effective date of Public Act 95-88) for such taxes

12  paid during the period beginning May 30, 2000 and ending

13  on January 1, 2008 (the effective date of Public Act

14  95-88).

15  (28) Computers and communications equipment utilized

16  for any hospital purpose and equipment used in the

17  diagnosis, analysis, or treatment of hospital patients

18  sold to a lessor who leases the equipment, under a lease of

19  one year or longer executed or in effect at the time of the

20  purchase, to a hospital that has been issued an active tax

21  exemption identification number by the Department under

22  Section 1g of this Act.

23  (29) Personal property sold to a lessor who leases the

24  property, under a lease of one year or longer executed or

25  in effect at the time of the purchase, to a governmental

26  body that has been issued an active tax exemption
    SB3019 Enrolled          - 249 - LRB104 20255 HLH 33706 b

1   identification number by the Department under Section 1g

2   of this Act.

3   (30) Beginning with taxable years ending on or after

4   December 31, 1995 and ending with taxable years ending on

5   or before December 31, 2004, personal property that is

6   donated for disaster relief to be used in a State or

7   federally declared disaster area in Illinois or bordering

8   Illinois by a manufacturer or retailer that is registered

9   in this State to a corporation, society, association,

10  foundation, or institution that has been issued a sales

11  tax exemption identification number by the Department that

12  assists victims of the disaster who reside within the

13  declared disaster area.

14  (31) Beginning with taxable years ending on or after

15  December 31, 1995 and ending with taxable years ending on

16  or before December 31, 2004, personal property that is

17  used in the performance of infrastructure repairs in this

18  State, including, but not limited to, municipal roads and

19  streets, access roads, bridges, sidewalks, waste disposal

20  systems, water and sewer line extensions, water

21  distribution and purification facilities, storm water

22  drainage and retention facilities, and sewage treatment

23  facilities, resulting from a State or federally declared

24  disaster in Illinois or bordering Illinois when such

25  repairs are initiated on facilities located in the

26  declared disaster area within 6 months after the disaster.
    SB3019 Enrolled  - 250 - LRB104 20255 HLH 33706 b

1   (32) Beginning July 1, 1999, game or game birds sold

2   at a "game breeding and hunting preserve area" as that

3   term is used in the Wildlife Code. This paragraph is

4   exempt from the provisions of Section 2-70.

5   (33) A motor vehicle, as that term is defined in

6   Section 1-146 of the Illinois Vehicle Code, that is

7   donated to a corporation, limited liability company,

8   society, association, foundation, or institution that is

9   determined by the Department to be organized and operated

10  exclusively for educational purposes. For purposes of this

11  exemption, "a corporation, limited liability company,

12  society, association, foundation, or institution organized

13  and operated exclusively for educational purposes" means

14  all tax-supported public schools, private schools that

15  offer systematic instruction in useful branches of

16  learning by methods common to public schools and that

17  compare favorably in their scope and intensity with the

18  course of study presented in tax-supported schools, and

19  vocational or technical schools or institutes organized

20  and operated exclusively to provide a course of study of

21  not less than 6 weeks duration and designed to prepare

22  individuals to follow a trade or to pursue a manual,

23  technical, mechanical, industrial, business, or commercial

24  occupation.

25  (34) Beginning January 1, 2000, personal property,

26  including food, purchased through fundraising events for
    SB3019 Enrolled  - 251 - LRB104 20255 HLH 33706 b

1   the benefit of a public or private elementary or secondary

2   school, a group of those schools, or one or more school

3   districts if the events are sponsored by an entity

4   recognized by the school district that consists primarily

5   of volunteers and includes parents and teachers of the

6   school children. This paragraph does not apply to

7   fundraising events (i) for the benefit of private home

8   instruction or (ii) for which the fundraising entity

9   purchases the personal property sold at the events from

10  another individual or entity that sold the property for

11  the purpose of resale by the fundraising entity and that

12  profits from the sale to the fundraising entity. This

13  paragraph is exempt from the provisions of Section 2-70.

14  (35) Beginning January 1, 2000 and through December

15  31, 2001, new or used automatic vending machines that

16  prepare and serve hot food and beverages, including

17  coffee, soup, and other items, and replacement parts for

18  these machines. Beginning January 1, 2002 and through June

19  30, 2003, machines and parts for machines used in

20  commercial, coin-operated amusement and vending business

21  if a use or occupation tax is paid on the gross receipts

22  derived from the use of the commercial, coin-operated

23  amusement and vending machines. This paragraph is exempt

24  from the provisions of Section 2-70.

25  (35-5) Beginning August 23, 2001 and through June 30,

26  2016, food for human consumption that is to be consumed
    SB3019 Enrolled   - 252 - LRB104 20255 HLH 33706 b

1   off the premises where it is sold (other than alcoholic

2   beverages, soft drinks, and food that has been prepared

3   for immediate consumption) and prescription and

4   nonprescription medicines, drugs, medical appliances, and

5   insulin, urine testing materials, syringes, and needles

6   used by diabetics, for human use, when purchased for use

7   by a person receiving medical assistance under Article V

8   of the Illinois Public Aid Code who resides in a licensed

9   long-term care facility, as defined in the Nursing Home

10  Care Act, or a licensed facility as defined in the ID/DD

11  Community Care Act, the MC/DD Act, or the Specialized

12  Mental Health Rehabilitation Act of 2013.

13  (36) Beginning August 2, 2001, computers and

14  communications equipment utilized for any hospital purpose

15  and equipment used in the diagnosis, analysis, or

16  treatment of hospital patients sold to a lessor who leases

17  the equipment, under a lease of one year or longer

18  executed or in effect at the time of the purchase, to a

19  hospital that has been issued an active tax exemption

20  identification number by the Department under Section 1g

21  of this Act. This paragraph is exempt from the provisions

22  of Section 2-70.

23  (37) Beginning August 2, 2001, personal property sold

24  to a lessor who leases the property, under a lease of one

25  year or longer executed or in effect at the time of the

26  purchase, to a governmental body that has been issued an
    SB3019 Enrolled  - 253 - LRB104 20255 HLH 33706 b

1   active tax exemption identification number by the

2   Department under Section 1g of this Act. This paragraph is

3   exempt from the provisions of Section 2-70.

4   (38) Beginning on January 1, 2002 and through June 30,

5   2016, tangible personal property purchased from an

6   Illinois retailer by a taxpayer engaged in centralized

7   purchasing activities in Illinois who will, upon receipt

8   of the property in Illinois, temporarily store the

9   property in Illinois (i) for the purpose of subsequently

10  transporting it outside this State for use or consumption

11  thereafter solely outside this State or (ii) for the

12  purpose of being processed, fabricated, or manufactured

13  into, attached to, or incorporated into other tangible

14  personal property to be transported outside this State and

15  thereafter used or consumed solely outside this State. The

16  Director of Revenue shall, pursuant to rules adopted in

17  accordance with the Illinois Administrative Procedure Act,

18  issue a permit to any taxpayer in good standing with the

19  Department who is eligible for the exemption under this

20  paragraph (38). The permit issued under this paragraph

21  (38) shall authorize the holder, to the extent and in the

22  manner specified in the rules adopted under this Act, to

23  purchase tangible personal property from a retailer exempt

24  from the taxes imposed by this Act. Taxpayers shall

25  maintain all necessary books and records to substantiate

26  the use and consumption of all such tangible personal
    SB3019 Enrolled  - 254 - LRB104 20255 HLH 33706 b

1   property outside of the State of Illinois.

2   (39) Beginning January 1, 2008, tangible personal

3   property used in the construction or maintenance of a

4   community water supply, as defined under Section 3.145 of

5   the Environmental Protection Act, that is operated by a

6   not-for-profit corporation that holds a valid water supply

7   permit issued under Title IV of the Environmental

8   Protection Act. This paragraph is exempt from the

9   provisions of Section 2-70.

10  (40) Beginning January 1, 2010 and continuing through

11  December 31, 2029, materials, parts, equipment,

12  components, and furnishings incorporated into or upon an

13  aircraft as part of the modification, refurbishment,

14  completion, replacement, repair, or maintenance of the

15  aircraft. This exemption includes consumable supplies used

16  in the modification, refurbishment, completion,

17  replacement, repair, and maintenance of aircraft. However,

18  until January 1, 2024, this exemption excludes any

19  materials, parts, equipment, components, and consumable

20  supplies used in the modification, replacement, repair,

21  and maintenance of aircraft engines or power plants,

22  whether such engines or power plants are installed or

23  uninstalled upon any such aircraft. "Consumable supplies"

24  include, but are not limited to, adhesive, tape,

25  sandpaper, general purpose lubricants, cleaning solution,

26  latex gloves, and protective films.
    SB3019 Enrolled  - 255 - LRB104 20255 HLH 33706 b

1   Beginning January 1, 2010 and continuing through

2   December 31, 2023, this exemption applies only to the sale

3   of qualifying tangible personal property to persons who

4   modify, refurbish, complete, replace, or maintain an

5   aircraft and who (i) hold an Air Agency Certificate and

6   are empowered to operate an approved repair station by the

7   Federal Aviation Administration, (ii) have a Class IV

8   Rating, and (iii) conduct operations in accordance with

9   Part 145 of the Federal Aviation Regulations. The

10  exemption does not include aircraft operated by a

11  commercial air carrier providing scheduled passenger air

12  service pursuant to authority issued under Part 121 or

13  Part 129 of the Federal Aviation Regulations. From January

14  1, 2024 through December 31, 2029, this exemption applies

15  only to the sale of qualifying tangible personal property

16  to: (A) persons who modify, refurbish, complete, repair,

17  replace, or maintain aircraft and who (i) hold an Air

18  Agency Certificate and are empowered to operate an

19  approved repair station by the Federal Aviation

20  Administration, (ii) have a Class IV Rating, and (iii)

21  conduct operations in accordance with Part 145 of the

22  Federal Aviation Regulations; and (B) persons who engage

23  in the modification, replacement, repair, and maintenance

24  of aircraft engines or power plants without regard to

25  whether or not those persons meet the qualifications of

26  item (A).
    SB3019 Enrolled       - 256 - LRB104 20255 HLH 33706 b

1   The changes made to this paragraph (40) by Public Act

2   98-534 are declarative of existing law. It is the intent

3   of the General Assembly that the exemption under this

4   paragraph (40) applies continuously from January 1, 2010

5   through December 31, 2024; however, no claim for credit or

6   refund is allowed for taxes paid as a result of the

7   disallowance of this exemption on or after January 1, 2015

8   and prior to February 5, 2020 (the effective date of

9   Public Act 101-629).

10  (41) Tangible personal property sold to a

11  public-facilities corporation, as described in Section

12  11-65-10 of the Illinois Municipal Code, for purposes of

13  constructing or furnishing a municipal convention hall,

14  but only if the legal title to the municipal convention

15  hall is transferred to the municipality without any

16  further consideration by or on behalf of the municipality

17  at the time of the completion of the municipal convention

18  hall or upon the retirement or redemption of any bonds or

19  other debt instruments issued by the public-facilities

20  corporation in connection with the development of the

21  municipal convention hall. This exemption includes

22  existing public-facilities corporations as provided in

23  Section 11-65-25 of the Illinois Municipal Code. This

24  paragraph is exempt from the provisions of Section 2-70.

25  (42) Beginning January 1, 2017 and through December

26  31, 2026, menstrual pads, tampons, and menstrual cups.
    SB3019 Enrolled  - 257 - LRB104 20255 HLH 33706 b

1   (43) Merchandise that is subject to the Rental

2   Purchase Agreement Occupation and Use Tax. The purchaser

3   must certify that the item is purchased to be rented

4   subject to a rental-purchase agreement, as defined in the

5   Rental-Purchase Agreement Act, and provide proof of

6   registration under the Rental Purchase Agreement

7   Occupation and Use Tax Act. This paragraph is exempt from

8   the provisions of Section 2-70.

9   (44) Qualified tangible personal property used in the

10  construction or operation of a data center that has been

11  granted a certificate of exemption by the Department of

12  Commerce and Economic Opportunity, whether that tangible

13  personal property is purchased by the owner, operator, or

14  tenant of the data center or by a contractor or

15  subcontractor of the owner, operator, or tenant. Data

16  centers that would have qualified for a certificate of

17  exemption prior to January 1, 2020 had Public Act 101-31

18  been in effect, may apply for and obtain an exemption for

19  subsequent purchases of computer equipment or enabling

20  software purchased or leased to upgrade, supplement, or

21  replace computer equipment or enabling software purchased

22  or leased in the original investment that would have

23  qualified.

24  The Department of Commerce and Economic Opportunity

25  shall grant a certificate of exemption under this item

26  (44) to qualified data centers as defined by Section
    SB3019 Enrolled  - 258 - LRB104 20255 HLH 33706 b

1   605-1025 of the Department of Commerce and Economic

2   Opportunity Law of the Civil Administrative Code of

3   Illinois.

4   For the purposes of this item (44):

5   "Data center" means a building or a series of

6   buildings rehabilitated or constructed to house

7   working servers in one physical location or multiple

8   sites within the State of Illinois.

9   "Qualified tangible personal property" means:

10  electrical systems and equipment; climate control and

11  chilling equipment and systems; mechanical systems and

12  equipment; monitoring and secure systems; emergency

13  generators; hardware; computers; servers; data storage

14  devices; network connectivity equipment; racks;

15  cabinets; telecommunications cabling infrastructure;

16  raised floor systems; peripheral components or

17  systems; software; mechanical, electrical, or plumbing

18  systems; battery systems; cooling systems and towers;

19  temperature control systems; other cabling; and other

20  data center infrastructure equipment and systems

21  necessary to operate qualified tangible personal

22  property, including fixtures; and component parts of

23  any of the foregoing, including installation,

24  maintenance, repair, refurbishment, and replacement of

25  qualified tangible personal property to generate,

26  transform, transmit, distribute, or manage electricity
    SB3019 Enrolled  - 259 - LRB104 20255 HLH 33706 b

1   necessary to operate qualified tangible personal

2   property; and all other tangible personal property

3   that is essential to the operations of a computer data

4   center. The term "qualified tangible personal

5   property" also includes building materials physically

6   incorporated into the qualifying data center. To

7   document the exemption allowed under this Section, the

8   retailer must obtain from the purchaser a copy of the

9   certificate of eligibility issued by the Department of

10  Commerce and Economic Opportunity.

11  This item (44) is exempt from the provisions of

12  Section 2-70.

13  (45) Beginning January 1, 2020 and through December

14  31, 2020, sales of tangible personal property made by a

15  marketplace seller over a marketplace for which tax is due

16  under this Act but for which use tax has been collected and

17  remitted to the Department by a marketplace facilitator

18  under Section 2d of the Use Tax Act are exempt from tax

19  under this Act. A marketplace seller claiming this

20  exemption shall maintain books and records demonstrating

21  that the use tax on such sales has been collected and

22  remitted by a marketplace facilitator. Marketplace sellers

23  that have properly remitted tax under this Act on such

24  sales may file a claim for credit as provided in Section 6

25  of this Act. No claim is allowed, however, for such taxes

26  for which a credit or refund has been issued to the
    SB3019 Enrolled     - 260 - LRB104 20255 HLH 33706 b

1   marketplace facilitator under the Use Tax Act, or for

2   which the marketplace facilitator has filed a claim for

3   credit or refund under the Use Tax Act.

4   (46) Beginning July 1, 2022, breast pumps, breast pump

5   collection and storage supplies, and breast pump kits.

6   This item (46) is exempt from the provisions of Section

7   2-70. As used in this item (46):

8   "Breast pump" means an electrically controlled or

9   manually controlled pump device designed or marketed to be

10  used to express milk from a human breast during lactation,

11  including the pump device and any battery, AC adapter, or

12  other power supply unit that is used to power the pump

13  device and is packaged and sold with the pump device at the

14  time of sale.

15  "Breast pump collection and storage supplies" means

16  items of tangible personal property designed or marketed

17  to be used in conjunction with a breast pump to collect

18  milk expressed from a human breast and to store collected

19  milk until it is ready for consumption.

20  "Breast pump collection and storage supplies"

21  includes, but is not limited to: breast shields and breast

22  shield connectors; breast pump tubes and tubing adapters;

23  breast pump valves and membranes; backflow protectors and

24  backflow protector adaptors; bottles and bottle caps

25  specific to the operation of the breast pump; and breast

26  milk storage bags.
    SB3019 Enrolled  - 261 - LRB104 20255 HLH 33706 b

1   "Breast pump collection and storage supplies" does not

2   include: (1) bottles and bottle caps not specific to the

3   operation of the breast pump; (2) breast pump travel bags

4   and other similar carrying accessories, including ice

5   packs, labels, and other similar products; (3) breast pump

6   cleaning supplies; (4) nursing bras, bra pads, breast

7   shells, and other similar products; and (5) creams,

8   ointments, and other similar products that relieve

9   breastfeeding-related symptoms or conditions of the

10  breasts or nipples, unless sold as part of a breast pump

11  kit that is pre-packaged by the breast pump manufacturer

12  or distributor.

13  "Breast pump kit" means a kit that: (1) contains no

14  more than a breast pump, breast pump collection and

15  storage supplies, a rechargeable battery for operating the

16  breast pump, a breastmilk cooler, bottle stands, ice

17  packs, and a breast pump carrying case; and (2) is

18  pre-packaged as a breast pump kit by the breast pump

19  manufacturer or distributor.

20  (47) Tangible personal property sold by or on behalf

21  of the State Treasurer pursuant to the Revised Uniform

22  Unclaimed Property Act. This item (47) is exempt from the

23  provisions of Section 2-70.

24  (48) Beginning on January 1, 2024, tangible personal

25  property purchased by an active duty member of the armed

26  forces of the United States who presents valid military
    SB3019 Enrolled  - 262 - LRB104 20255 HLH 33706 b

1   identification and purchases the property using a form of

2   payment where the federal government is the payor. The

3   member of the armed forces must complete, at the point of

4   sale, a form prescribed by the Department of Revenue

5   documenting that the transaction is eligible for the

6   exemption under this paragraph. Retailers must keep the

7   form as documentation of the exemption in their records

8   for a period of not less than 6 years. "Armed forces of the

9   United States" means the United States Army, Navy, Air

10  Force, Space Force, Marine Corps, or Coast Guard. This

11  paragraph is exempt from the provisions of Section 2-70.

12  (49) Beginning July 1, 2024, home-delivered meals

13  provided to Medicare or Medicaid recipients when payment

14  is made by an intermediary, such as a Medicare

15  Administrative Contractor, a Managed Care Organization, or

16  a Medicare Advantage Organization, pursuant to a

17  government contract. This paragraph (49) is exempt from

18  the provisions of Section 2-70.

19  (50) Beginning on January 1, 2026, as further defined

20  in Section 2-10, food for human consumption that is to be

21  consumed off the premises where it is sold (other than

22  alcoholic liquor taxable under Section 8-1 of the Liquor

23  Control Act of 1934 beverages, food consisting of or

24  infused with adult use cannabis, soft drinks, candy, and

25  food that has been prepared for immediate consumption).

26  This item (50) is exempt from the provisions of Section
    SB3019 Enrolled   - 263 - LRB104 20255 HLH 33706 b

1   2-70.

2   (51) Gross receipts from the lease of the following

3   tangible personal property:

4          (1) computer software transferred subject to a

5   license that meets the following requirements:

6                    (A) it is evidenced by a written agreement

7          signed by the licensor and the customer;

8                    (i) an electronic agreement in which the

9                    customer accepts the license by means of an

10                   electronic signature that is verifiable and

11                   can be authenticated and is attached to or

12                   made part of the license will comply with this

13                   requirement;

14                   (ii) a license agreement in which the

15                   customer electronically accepts the terms by

16                   clicking "I agree" does not comply with this

17                   requirement;

18                   (B) it restricts the customer's duplication

19         and use of the software;

20                   (C) it prohibits the customer from licensing,

21         sublicensing, or transferring the software to a

22         third party (except to a related party) without

23         the permission and continued control of the

24         licensor;

25                   (D) the licensor has a policy of providing

26         another copy at minimal or no charge if the
    SB3019 Enrolled  - 264 - LRB104 20255 HLH 33706 b

1   customer loses or damages the software, or of

2   permitting the licensee to make and keep an

3   archival copy, and such policy is either stated in

4   the license agreement, supported by the licensor's

5   books and records, or supported by a notarized

6   statement made under penalties of perjury by the

7   licensor; and

8                    (E) the customer must destroy or return all

9   copies of the software to the licensor at the end

10  of the license period; this provision is deemed to

11  be met, in the case of a perpetual license,

12  without being set forth in the license agreement;

13  and

14  (2) property that is subject to a tax on lease

15  receipts imposed by a home rule unit of local

16  government if the ordinance imposing that tax was

17  adopted prior to January 1, 2023.

18 (Source: P.A. 103-9, Article 5, Section 5-20, eff. 6-7-23;

19 103-9, Article 15, Section 15-20, eff. 6-7-23; 103-154, eff.

20 6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,

21 eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;

22 103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-6, eff.

23 6-16-25; 104-417, eff. 8-15-25.)

24  (35 ILCS 120/2-10) from Ch. 120, par. 441-10

25  Sec. 2-10. Rate of tax. Unless otherwise provided in this
    SB3019 Enrolled        - 265 - LRB104 20255 HLH 33706 b

1 Section, the tax imposed by this Act is at the rate of 6.25% of

2 gross receipts from sales, which, on and after January 1,

3 2025, includes leases, of tangible personal property made in

4 the course of business.

5   Beginning on July 1, 2000 and through December 31, 2000,

6 with respect to motor fuel, as defined in Section 1.1 of the

7 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

8 the Use Tax Act, the tax is imposed at the rate of 1.25%.

9   Beginning on August 6, 2010 through August 15, 2010, and

10 beginning again on August 5, 2022 through August 14, 2022,

11 with respect to sales tax holiday items as defined in Section

12 2-8 of this Act, the tax is imposed at the rate of 1.25%.

13  Within 14 days after July 1, 2000 (the effective date of

14 Public Act 91-872), each retailer of motor fuel and gasohol

15 shall cause the following notice to be posted in a prominently

16 visible place on each retail dispensing device that is used to

17 dispense motor fuel or gasohol in the State of Illinois: "As of

18 July 1, 2000, the State of Illinois has eliminated the State's

19 share of sales tax on motor fuel and gasohol through December

20 31, 2000. The price on this pump should reflect the

21 elimination of the tax." The notice shall be printed in bold

22 print on a sign that is no smaller than 4 inches by 8 inches.

23 The sign shall be clearly visible to customers. Any retailer

24 who fails to post or maintain a required sign through December

25 31, 2000 is guilty of a petty offense for which the fine shall

26 be $500 per day per each retail premises where a violation
    SB3019 Enrolled  - 266 - LRB104 20255 HLH 33706 b

1 occurs.

2   With respect to gasohol, as defined in the Use Tax Act, the

3 tax imposed by this Act applies to (i) 70% of the proceeds of

4 sales made on or after January 1, 1990, and before July 1,

5 2003, (ii) 80% of the proceeds of sales made on or after July

6 1, 2003 and on or before July 1, 2017, (iii) 100% of the

7 proceeds of sales made after July 1, 2017 and prior to January

8 1, 2024, (iv) 90% of the proceeds of sales made on or after

9 January 1, 2024 and on or before December 31, 2028, and (v)

10 100% of the proceeds of sales made after December 31, 2028. If,

11 at any time, however, the tax under this Act on sales of

12 gasohol, as defined in the Use Tax Act, is imposed at the rate

13 of 1.25%, then the tax imposed by this Act applies to 100% of

14 the proceeds of sales of gasohol made during that time.

15  With respect to mid-range ethanol blends, as defined in

16 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

17 applies to (i) 80% of the proceeds of sales made on or after

18 January 1, 2024 and on or before December 31, 2028 and (ii)

19 100% of the proceeds of sales made after December 31, 2028. If,

20 at any time, however, the tax under this Act on sales of

21 mid-range ethanol blends is imposed at the rate of 1.25%, then

22 the tax imposed by this Act applies to 100% of the proceeds of

23 sales of mid-range ethanol blends made during that time.

24  With respect to majority blended ethanol fuel, as defined

25 in the Use Tax Act, the tax imposed by this Act does not apply

26 to the proceeds of sales made on or after July 1, 2003 and on
    SB3019 Enrolled          - 267 - LRB104 20255 HLH 33706 b

1 or before December 31, 2028 but applies to 100% of the proceeds

2 of sales made thereafter.

3   With respect to biodiesel blends, as defined in the Use

4 Tax Act, with no less than 1% and no more than 10% biodiesel,

5 the tax imposed by this Act applies to (i) 80% of the proceeds

6 of sales made on or after July 1, 2003 and on or before

7 December 31, 2018 and (ii) 100% of the proceeds of sales made

8 after December 31, 2018 and before January 1, 2024. On and

9 after January 1, 2024 and on or before December 31, 2030, the

10 taxation of biodiesel, renewable diesel, and biodiesel blends

11 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

12 at any time, however, the tax under this Act on sales of

13 biodiesel blends, as defined in the Use Tax Act, with no less

14 than 1% and no more than 10% biodiesel is imposed at the rate

15 of 1.25%, then the tax imposed by this Act applies to 100% of

16 the proceeds of sales of biodiesel blends with no less than 1%

17 and no more than 10% biodiesel made during that time.

18  With respect to biodiesel, as defined in the Use Tax Act,

19 and biodiesel blends, as defined in the Use Tax Act, with more

20 than 10% but no more than 99% biodiesel, the tax imposed by

21 this Act does not apply to the proceeds of sales made on or

22 after July 1, 2003 and on or before December 31, 2023. On and

23 after January 1, 2024 and on or before December 31, 2030, the

24 taxation of biodiesel, renewable diesel, and biodiesel blends

25 shall be as provided in Section 3-5.1 of the Use Tax Act.

26  Until July 1, 2022 and from July 1, 2023 through December
    SB3019 Enrolled          - 268 - LRB104 20255 HLH 33706 b

1 31, 2025, with respect to food for human consumption that is to

2 be consumed off the premises where it is sold (other than

3 alcoholic beverages, food consisting of or infused with adult

4 use cannabis, soft drinks, and food that has been prepared for

5 immediate consumption), the tax is imposed at the rate of 1%.

6 Beginning July 1, 2022 and until July 1, 2023, with respect to

7 food for human consumption that is to be consumed off the

8 premises where it is sold (other than alcoholic beverages,

9 food consisting of or infused with adult use cannabis, soft

10 drinks, and food that has been prepared for immediate

11 consumption), the tax is imposed at the rate of 0%. On and

12 after January 1, 2026, food for human consumption that is to be

13 consumed off the premises where it is sold (other than

14 alcoholic liquor taxable under Section 8-1 of the Liquor

15 Control Act of 1934 beverages, food consisting of or infused

16 with adult use cannabis, soft drinks, candy, and food that has

17 been prepared for immediate consumption) is exempt from the

18 tax imposed by this Act.

19  With respect to prescription and nonprescription

20 medicines, drugs, medical appliances, products classified as

21 Class III medical devices by the United States Food and Drug

22 Administration that are used for cancer treatment pursuant to

23 a prescription, as well as any accessories and components

24 related to those devices, modifications to a motor vehicle for

25 the purpose of rendering it usable by a person with a

26 disability, and insulin, blood sugar testing materials,
    SB3019 Enrolled  - 269 - LRB104 20255 HLH 33706 b

1 syringes, and needles used by human diabetics, the tax is

2 imposed at the rate of 1%. For the purposes of this Section,

3 until September 1, 2009: the term "soft drinks" means any

4 complete, finished, ready-to-use, non-alcoholic drink, whether

5 carbonated or not, including, but not limited to, soda water,

6 cola, fruit juice, vegetable juice, carbonated water, and all

7 other preparations commonly known as soft drinks of whatever

8 kind or description that are contained in any closed or sealed

9 bottle, can, carton, or container, regardless of size; but

10 "soft drinks" does not include coffee, tea, non-carbonated

11 water, infant formula, milk or milk products as defined in the

12 Grade A Pasteurized Milk and Milk Products Act, or drinks

13 containing 50% or more natural fruit or vegetable juice.

14  Notwithstanding any other provisions of this Act,

15 beginning September 1, 2009, "soft drinks" means non-alcoholic

16 beverages that contain natural or artificial sweeteners. "Soft

17 drinks" does not include beverages that contain milk or milk

18 products, soy, rice or similar milk substitutes, or greater

19 than 50% of vegetable or fruit juice by volume.

20  Until August 1, 2009, and notwithstanding any other

21 provisions of this Act, "food for human consumption that is to

22 be consumed off the premises where it is sold" includes all

23 food sold through a vending machine, except soft drinks and

24 food products that are dispensed hot from a vending machine,

25 regardless of the location of the vending machine. Beginning

26 August 1, 2009, and notwithstanding any other provisions of
    SB3019 Enrolled  - 270 - LRB104 20255 HLH 33706 b

1 this Act, "food for human consumption that is to be consumed

2 off the premises where it is sold" includes all food sold

3 through a vending machine, except soft drinks, candy, and food

4 products that are dispensed hot from a vending machine,

5 regardless of the location of the vending machine.

6   Notwithstanding any other provisions of this Act,

7 beginning September 1, 2009, "food for human consumption that

8 is to be consumed off the premises where it is sold" does not

9 include candy. For purposes of this Section, "candy" means a

10 preparation of sugar, honey, or other natural or artificial

11 sweeteners in combination with chocolate, fruits, nuts or

12 other ingredients or flavorings in the form of bars, drops, or

13 pieces. "Candy" does not include any preparation that contains

14 flour or requires refrigeration.

15  Notwithstanding any other provisions of this Act,

16 beginning September 1, 2009, "nonprescription medicines and

17 drugs" does not include grooming and hygiene products. For

18 purposes of this Section, "grooming and hygiene products"

19 includes, but is not limited to, soaps and cleaning solutions,

20 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

21 lotions and screens, unless those products are available by

22 prescription only, regardless of whether the products meet the

23 definition of "over-the-counter-drugs". For the purposes of

24 this paragraph, "over-the-counter-drug" means a drug for human

25 use that contains a label that identifies the product as a drug

26 as required by 21 CFR 201.66. The "over-the-counter-drug"
    SB3019 Enrolled        - 271 - LRB104 20255 HLH 33706 b

1 label includes:

2   (A) a "Drug Facts" panel; or

3   (B) a statement of the "active ingredient(s)" with a

4   list of those ingredients contained in the compound,

5   substance or preparation.

6   Beginning on January 1, 2014 (the effective date of Public

7 Act 98-122), "prescription and nonprescription medicines and

8 drugs" includes medical cannabis purchased from a registered

9 dispensing organization under the Compassionate Use of Medical

10 Cannabis Program Act.

11  As used in this Section, "adult use cannabis" means

12 cannabis subject to tax under the Cannabis Cultivation

13 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

14 and does not include cannabis subject to tax under the

15 Compassionate Use of Medical Cannabis Program Act.

16 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

17 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.

18 8-15-25.)

19  (35 ILCS 120/2-13)

20  Sec. 2-13. Remote Retailer Amnesty Program.

21  (a) As used in this Section:

22  "Eligibility period" means the period from January 1, 2021

23 through June 30, 2026.

24  "Eligible transaction" means the sale of tangible personal

25 property by a remote retailer to an Illinois customer that
    SB3019 Enrolled  - 272 - LRB104 20255 HLH 33706 b

1 occurs during the eligibility period and that requires the

2 remote retailer to ship or otherwise deliver the tangible

3 personal property to an address in the State.

4   "Local retailers' occupation tax" means a retailers'

5 occupation tax imposed by a municipality, county, or other

6 unit of local government and administered by the Department.

7   "Program" means the Remote Retailer Amnesty Program

8 established under this Section.

9   "Remote retailer" means a remote retailer, as defined in

10 Section 1 of this Act, who has met a tax remittance threshold

11 under subsection (b) of Section 2 of this Act for all or part

12 of the eligibility period and who is participating in the

13 Program established under this Section.

14  "Remote retailer amnesty period" means the period from

15 August 1, 2026 through October 31, 2026, during which the

16 Department will accept returns and payment of State and local

17 retailers' occupation taxes at the simplified retailers'

18 occupation tax rate for eligible transactions that occur

19 during the eligibility period.

20  "Simplified retailers' occupation tax rate" means the

21 combined State and average local retailers' occupation tax

22 rate imposed on remote retailers participating in the Program.

23 The simplified retailers' occupation tax rate shall be (i) 9%

24 of the gross receipts from sales of tangible personal property

25 that are subject to the 6.25% State rate of tax imposed by

26 Section 2-10 of this Act or (ii) 1.75% of the gross receipts
    SB3019 Enrolled  - 273 - LRB104 20255 HLH 33706 b

1 from sales of (A) tangible personal property that is subject

2 to the 1% State rate of tax imposed by Section 2-10 of this Act

3 and (B) food for human consumption that is to be consumed off

4 the premises where it is sold (other than alcoholic liquor

5 taxable under Section 8-1 of the Liquor Control Act of 1934

6 beverages, food consisting of or infused with adult use

7 cannabis, soft drinks, and food that has been prepared for

8 immediate consumption), regardless of the applicable rate of

9 tax.

10  "Taxing jurisdiction" means a municipality, county, or

11 other unit of local government that imposes a local retailers'

12 occupation tax.

13  (b) The Department shall establish a Remote Retailer

14 Amnesty Program for remote retailers that owe State or local

15 retailers' occupation taxes on eligible transactions. The

16 Program shall operate during the remote retailer amnesty

17 period.

18  The Program shall allow a remote retailer who participates

19 in the Program to report and remit, at the simplified

20 retailers' occupation tax rate, State and local retailers'

21 occupation taxes that are due in connection with eligible

22 transactions. The payment shall be made by the remote retailer

23 during the remote retailer amnesty period and shall be in lieu

24 of reporting and remitting State and local retailers'

25 occupation taxes at the rate otherwise provided by law. The

26 payment of the tax at the simplified retailers' occupation tax
   SB3019 Enrolled  - 274 - LRB104 20255 HLH 33706 b

1 rate relieves the remote retailer of any additional State or

2 local retailers' occupation taxes with respect to the eligible

3 transaction.

4  The Program shall provide that, if the remote retailer

5 satisfies its State and local retailers' occupation tax

6 liability during the remote retailer amnesty period by

7 reporting and remitting payment to the Department at the

8 simplified retailers' occupation tax rate, the Department

9 shall abate and not seek to collect any interest or penalties

10 that may be applicable with respect to those eligible

11 transactions, and the Department shall not seek civil or

12 criminal prosecution of the remote retailer for the period of

13 time for which amnesty has been granted to the retailer. The

14 remote retailer must make full payment of all State and local

15 retailers' occupation taxes due with respect to the remote

16 retailer's eligible transactions, using the simplified

17 retailers' occupation tax rate, during the remote retailer

18 amnesty period for amnesty to be granted, unless the remote

19 retailer enters into an approved repayment plan with the

20 Department during the remote retailer amnesty period. In that

21 case, amnesty shall be granted upon successful completion of

22 the repayment plan as long as the taxpayer remains in

23 compliance with the terms of the payment plan throughout its

24 duration. Failure to pay all taxes due using the simplified

25 retailers' occupation tax rate for the eligible period, unless

26 tax has previously been remitted using the applicable State
    SB3019 Enrolled  - 275 - LRB104 20255 HLH 33706 b

1 and local retailers' occupation tax rates, shall invalidate

2 any amnesty granted under this Act, and all retailers'

3 occupation tax due for the eligible period shall be due at the

4 applicable State and local rate for the particular selling

5 location.

6   (c) Amnesty shall be granted only if all amnesty

7 conditions are satisfied by the taxpayer. The amnesty provided

8 by this Section shall be granted to any remote retailer who,

9 during the remote retailer amnesty period, files all returns

10 and remits all State and local retailers' occupation tax on

11 all eligible transactions using the simplified retailers'

12 occupation tax rate or otherwise applicable State and local

13 retailers' occupation tax rates due for all of the remote

14 retailer's eligible transactions. In addition, the following

15 requirements apply to the Program:

16  (1) to participate in the Program, the remote

17  retailers must be registered with the Department as set

18  out in Section 2a of this Act;

19  (2) returns filed under the Program shall be filed

20  electronically in the manner prescribed by the Department

21  in Section 3 of this Act and shall be filed only during the

22  remote retailer amnesty period;

23  (3) the remote retailer shall remit the tax at the

24  simplified retailers' occupation tax rate or, if the tax

25  was collected, in the amount of the tax collected,

26  whichever is greater; the required reporting for each
    SB3019 Enrolled   - 276 - LRB104 20255 HLH 33706 b

1   return period from the remote retailer shall include only

2   statewide totals of the retailers' occupation taxes

3   remitted at the simplified retailers' occupation tax rate

4   and shall not require information related to the location

5   of purchasers or amount of sales into a specific taxing

6   jurisdiction;

7   (4) amnesty is not available for any retailers'

8   occupation tax remitted to the Department prior to the

9   remote retailer amnesty program period by the remote

10  retailer;

11  (5) amnesty shall not be granted to taxpayers who are

12  a party to any criminal investigation or to any civil or

13  criminal litigation that is pending in any circuit court,

14  any appellate court, or the Supreme Court of this State

15  for nonpayment, delinquency, or fraud in relation to any

16  State tax imposed by any law of the State of Illinois;

17  (6) amnesty shall not be granted to taxpayers who

18  commit fraud or intentional misrepresentation of a

19  material fact in any document filed under the Remote

20  Retailer Amnesty Program; and

21  (7) amnesty is applicable only to retailers'

22  occupation taxes due from the remote retailer in his or

23  her capacity as a remote retailer and not to any other

24  taxes that may be owed by the remote retailer pursuant to

25  another tax Act.

26  (d) Except as otherwise provided in paragraph (3) of
    SB3019 Enrolled  - 277 - LRB104 20255 HLH 33706 b

1 subsection (c), no remote retailer shall be required to remit

2 the tax at a rate greater than 9% or 1.75%, as applicable,

3 regardless of the combined actual tax rates that may otherwise

4 be applicable. Additionally, no gross receipts for which State

5 and local retailers' occupation tax is remitted at the

6 simplified retailers' occupation tax rate shall be subject to

7 any additional retailers' occupation tax from any taxing

8 jurisdiction imposing a retailers' occupation tax with respect

9 to the sale of the property, regardless of the actual tax rate

10 that might have otherwise been applicable.

11  (e) The remote retailer shall remit the State and local

12 retailers' occupation tax at the simplified rate on all gross

13 receipts from sales of tangible personal property into

14 Illinois unless the remote retailer can produce a valid

15 exemption number or certificate, resale certificate, or direct

16 pay permit issued by the Department. The remote retailer shall

17 retain all exemption numbers or certificates, resale

18 certificates, or direct pay permits in its books and records,

19 or in such other manner as directed by the Department.

20  (f) Remote retailers shall maintain records of all

21 eligible transactions, including copies of invoices showing

22 the purchaser, the purchase amount, the taxes collected, and

23 the retailers' occupation tax remitted. Records must be kept

24 documenting all tangible personal property sold for which the

25 1.75% simplified retailers' occupation tax rate is used to

26 verify that the tangible personal property qualifies for the
    SB3019 Enrolled  - 278 - LRB104 20255 HLH 33706 b

1 1% State tax rate imposed under Section 2-10 of this Act. Those

2 records shall be made available for review and inspection upon

3 request by the Department. Remote retailers participating in

4 the Program remain subject to audit by the Department as

5 provided in this Act. Remote retailers participating in the

6 Program shall not be subject to audit or review by any unit of

7 local government under the Local Government Revenue Recapture

8 Act.

9   (g) The net revenue realized at the 9% rate under this

10 Section shall be deposited as follows: (i) notwithstanding the

11 provisions of Section 3 of the Retailer's Occupation Tax Act

12 to the contrary, the net revenue realized from the portion of

13 the rate in excess of 5% shall be deposited into the State and

14 Local Sales Tax Reform Fund and (ii) the net revenue realized

15 from the 5% portion of the rate shall be deposited as provided

16 in this Section 3 of the Retailers' Occupation Tax Act for the

17 5% portion of the 6.25% general rate imposed under this Act.

18 The net revenue realized at the 1.75% rate under this Section

19 shall be deposited into the State and Local Sales Tax Reform

20 Fund.

21  (h) The Department may adopt rules related to the

22 implementation, administration, and participation in the

23 Program. The Department shall have exclusive responsibility

24 for reviewing and accepting applications for participation and

25 for the administration, return processing, and review of the

26 eligibility of remote retailers participating in the Program.
    SB3019 Enrolled      - 279 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 104-6, eff. 6-16-25.)

2   Section 70-45. The Tobacco Products Tax Act of 1995 is

3 amended by changing Section 10-45 as follows:

4   (35 ILCS 143/10-45)

5   Sec. 10-45. Incorporation by reference. All of the

6 provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,

7 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the

8 Retailers' Occupation Tax Act, and all applicable provisions

9 of the Uniform Penalty and Interest Act that are not

10 inconsistent with this Act, apply to distributors of tobacco

11 products to the same extent as if those provisions were

12 included in this Act. References in the incorporated Sections

13 of the Retailers' Occupation Tax Act to retailers, to sellers,

14 or to persons engaged in the business of selling tangible

15 personal property mean distributors when used in this Act.

16 References in the incorporated Sections to sales of tangible

17 personal property mean sales of tobacco products when used in

18 this Act.

19  All of the provisions of Sections 7, 8, 8a, 16, 18a, 18b,

20 18c, 22, 23, 24, 26, 27, and 28a of the Cigarette Tax Act which

21 are not inconsistent with this Act shall apply, as far as

22 practicable, to the subject matter of this Act to the same

23 extent as if those provisions were included in this Act.

24 References in the incorporated Sections to sales of cigarettes
    SB3019 Enrolled  - 280 - LRB104 20255 HLH 33706 b

1 mean sales of little cigars in packages of 20 or 25 little
2 cigars.
3 (Source: P.A. 98-273, eff. 8-9-13.)

4   Section 70-50. The Hotel Operators' Occupation Tax Act is

5 amended by changing Section 3 as follows:

6   (35 ILCS 145/3) (from Ch. 120, par. 481b.33)

7   Sec. 3. Rate; exemptions.

8   (a) A tax is imposed upon hotel operators at the rate of 5%

9 of 94% of the gross rental receipts from engaging in business

10 as a hotel operator, excluding, however, from gross rental

11 receipts, the proceeds of renting, leasing or letting hotel

12 rooms to permanent residents of a hotel and proceeds from the

13 tax imposed under subsection (c) of Section 13 of the

14 Metropolitan Pier and Exposition Authority Act.

15  (b) There shall be imposed an additional tax upon hotel

16 operators at the rate of 1% of 94% of the gross rental receipts

17 received by the hotel operator from engaging in business as a

18 hotel operator, excluding, however, from gross rental

19 receipts, the proceeds of such renting, leasing or letting to

20 permanent residents of that hotel and proceeds from the tax

21 imposed under subsection (c) of Section 13 of the Metropolitan

22 Pier and Exposition Authority Act.

23  (b-5) Beginning on July 1, 2024 and through June 30, 2026,

24 if the renting, leasing, or letting of a hotel room is done
    SB3019 Enrolled  - 281 - LRB104 20255 HLH 33706 b

1 through a re-renter of hotel rooms, then, subject to the

2 provisions of Sections 3-2 and 3-3, the re-renter is the hotel

3 operator for the purposes of the taxes under subsections (a)

4 and (b). If the re-renter is headquartered outside of this

5 State and has no presence in this State other than its business

6 as a re-renter, conducted remotely, then, subject to the

7 provisions of Sections 3-2 and 3-3, such re-renter is the

8 hotel operator for the purposes of the taxes under subsections

9 (a) and (b) if it meets one of the following thresholds:

10  (1) the cumulative gross receipts from rentals in

11  Illinois by the re-renter of hotel rooms are $100,000 or

12  more; or

13  (2) the re-renter of hotel rooms cumulatively enters

14  into 200 or more separate transactions for rentals in

15  Illinois.

16  A re-renter of hotel rooms who is headquartered outside of

17 this State and has no presence in this State other than its

18 business as a re-renter, conducted remotely, shall determine

19 on a quarterly basis, ending on the last day of March, June,

20 September, and December, whether he or she meets the threshold

21 of either paragraph (1) or (2) of this subsection (b-5) for the

22 preceding 12-month period. If such re-renter of hotel rooms

23 meets the threshold of either paragraph (1) or (2) for a

24 12-month period, he or she is subject to tax under this Act and

25 is required to remit the tax imposed under this Act and file

26 returns for the 12-month period beginning on the first day of
    SB3019 Enrolled  - 282 - LRB104 20255 HLH 33706 b

1 the next month after he or she determines that he or she meets

2 the threshold of paragraph (1) or (2). At the end of that

3 12-month period, such re-renter of hotel rooms shall determine

4 whether he or she continued to meet the threshold of either

5 paragraph (1) or (2) during the preceding 12-month period. If

6 he or she met the threshold in either paragraph (1) or (2) for

7 the preceding 12-month period, he or she is a hotel operator in

8 this State and is required to remit the tax imposed under this

9 Act and file returns for the subsequent 12-month period. If,

10 at the end of a 12-month period during which such re-renter is

11 required to remit the tax imposed under this Act, the

12 re-renter determines that he or she did not meet the threshold

13 in either paragraph (1) or (2) during the preceding 12-month

14 period, he or she shall subsequently determine on a quarterly

15 basis, ending on the last day of March, June, September, and

16 December, whether he or she meets the threshold of either

17 paragraph (1) or (2) for the preceding 12-month period.

18  (b-40) Beginning on July 1, 2026, if the re-renter is

19 headquartered outside of this State and has no presence in

20 this State other than its business as a re-renter, conducted

21 remotely, then, subject to the provisions of Sections 3-2 and

22 3-3, that re-renter is the hotel operator for the purposes of

23 the taxes under subsections (a) and (b) if the cumulative

24 gross receipts from rentals in Illinois by the re-renter of

25 hotel rooms are $100,000 or more.

26  A re-renter of hotel rooms who is headquartered outside of
    SB3019 Enrolled  - 283 - LRB104 20255 HLH 33706 b

1 this State and has no presence in this State other than its

2 business as a re-renter, conducted remotely, shall determine

3 on a quarterly basis, ending on the last day of March, June,

4 September, and December, whether it meets the threshold of

5 this subsection for the preceding 12-month period. If the

6 re-renter of hotel rooms meets the threshold for a 12-month

7 period, it is subject to tax under this Act and is required to

8 remit the tax imposed under this Act and file returns for the

9 12-month period beginning on the first day of the next month

10 after it determines that it meets the threshold. At the end of

11 that 12-month period, the re-renter of hotel rooms shall

12 determine whether it continued to meet the threshold during

13 the preceding 12-month period. If the re-renter met the

14 threshold for the preceding 12-month period, it is a hotel

15 operator in this State and is required to remit the tax imposed

16 under this Act and file returns for the subsequent 12-month

17 period. If, at the end of a 12-month period during which such

18 re-renter is required to remit the tax imposed under this Act,

19 the re-renter determines that it did not meet the threshold

20 during the preceding 12-month period, it shall subsequently

21 determine on a quarterly basis, ending on the last day of

22 March, June, September, and December, whether it meets the

23 threshold for the preceding 12-month period.

24  (c) No funds received pursuant to this Act shall be used to

25 advertise for or otherwise promote new competition in the

26 hotel business.
    SB3019 Enrolled            - 284 - LRB104 20255 HLH 33706 b

1   (d) However, such tax is not imposed upon the privilege of

2 engaging in any business in Interstate Commerce or otherwise,

3 which business may not, under the Constitution and Statutes of

4 the United States, be made the subject of taxation by this

5 State. In addition, the tax is not imposed upon gross rental

6 receipts for which the hotel operator is prohibited from

7 obtaining reimbursement for the tax from the customer by

8 reason of a federal treaty.

9   (d-5) On and after July 1, 2017, the tax imposed by this

10 Act shall not apply to gross rental receipts received by an

11 entity that is organized and operated exclusively for

12 religious purposes and possesses an active Exemption

13 Identification Number issued by the Department pursuant to the

14 Retailers' Occupation Tax Act when acting as a hotel operator

15 renting, leasing, or letting rooms:

16  (1) in furtherance of the purposes for which it is

17  organized; or

18  (2) to entities that (i) are organized and operated

19  exclusively for religious purposes, (ii) possess an active

20  Exemption Identification Number issued by the Department

21  pursuant to the Retailers' Occupation Tax Act, and (iii)

22  rent the rooms in furtherance of the purposes for which

23  they are organized.

24  No gross rental receipts are exempt under paragraph (2) of

25 this subsection (d-5) unless the hotel operator obtains the

26 active Exemption Identification Number from the exclusively
    SB3019 Enrolled            - 285 - LRB104 20255 HLH 33706 b

1 religious entity to whom it is renting and maintains that

2 number in its books and records. Gross rental receipts from

3 all rentals other than those described in items (1) or (2) of

4 this subsection (d-5) are subject to the tax imposed by this

5 Act unless otherwise exempt under this Act.

6   This subsection (d-5) is exempt from the sunset provisions

7 of Section 3-5 of this Act.

8   (d-10) On and after July 1, 2023, the tax imposed by this

9 Act shall not apply to gross rental receipts received from the

10 renting, leasing, or letting of rooms to an entity that is

11 organized and operated exclusively by an organization

12 chartered by the United States Congress for the purpose of

13 providing disaster relief and that possesses an active

14 Exemption Identification Number issued by the Department

15 pursuant to the Retailers' Occupation Tax Act if the renting,

16 leasing, or letting of the rooms is in furtherance of the

17 purposes for which the exempt organization is organized. This

18 subsection (d-10) is exempt from the sunset provisions of

19 Section 3-5 of this Act.

20  (e) Persons subject to the tax imposed by this Act may

21 reimburse themselves for their tax liability under this Act by

22 separately stating such tax as an additional charge, which

23 charge may be stated in combination, in a single amount, with

24 any tax imposed pursuant to Sections 8-3-13 and 8-3-14 of the

25 Illinois Municipal Code, and Section 25.05-10 of "An Act to

26 revise the law in relation to counties".
    SB3019 Enrolled  - 286 - LRB104 20255 HLH 33706 b

1   (f) If any hotel operator collects an amount (however

2 designated) which purports to reimburse such operator for

3 hotel operators' occupation tax liability measured by receipts

4 which are not subject to hotel operators' occupation tax, or

5 if any hotel operator, in collecting an amount (however

6 designated) which purports to reimburse such operator for

7 hotel operators' occupation tax liability measured by receipts

8 which are subject to tax under this Act, collects more from the

9 guest or re-renter than the operators' hotel operators'

10 occupation tax liability in the transaction is, the guest or

11 re-renter, as applicable, shall have a legal right to claim a

12 refund of such amount from such operator. However, if such

13 amount is not refunded to the guest or re-renter, as

14 applicable, for any reason, the hotel operator is liable to

15 pay such amount to the Department.

16 (Source: P.A. 103-9, eff. 6-7-23; 103-592, eff. 7-1-24.)

17  Section 70-55. The Motor Fuel Tax Law is amended by

18 changing Section 21 as follows:

19  (35 ILCS 505/21) (from Ch. 120, par. 434a)

20  Sec. 21. The provisions of Sections 4, 5, 5a, 5b, 5c, 5d,

21 5e, 5f, 5g, 5h, 5i and 5j, 6, 6a, 6b, 6c (except to the extent

22 that the time limitations for requesting an administrative

23 hearing, the minimum notice requirement for hearings, and the

24 provisions regarding penalties and interest are inconsistent
    SB3019 Enrolled         - 287 - LRB104 20255 HLH 33706 b

1 with this Act), 8, 9, 10 and 12 of the Retailers' Occupation
2 Tax Act which are not inconsistent with this Act, and Section
3 3-7 of the Uniform Penalty and Interest Act, shall apply as far
4 as practicable to the subject matter of this Act to the same
5 extent as if those provisions were included in this Act.
6 (Source: P.A. 87-205; 88-480.)

7   (35 ILCS 610/Act rep.)

8   Section 70-60. The Messages Tax Act is repealed.

9   Section 70-65. The Innovation Development and Economy Act

10 is amended by changing Section 31 as follows:

11  (50 ILCS 470/31)

12  Sec. 31. STAR bond occupation taxes.

13  (a) If the corporate authorities of a political

14 subdivision have established a STAR bond district and have

15 elected to impose a tax by ordinance pursuant to subsection

16 (b) or (c) of this Section, each year after the date of the

17 adoption of the ordinance and until all STAR bond project

18 costs and all political subdivision obligations financing the

19 STAR bond project costs, if any, have been paid in accordance

20 with the STAR bond project plans, but in no event longer than

21 the maximum maturity date of the last of the STAR bonds issued

22 for projects in the STAR bond district, all amounts generated

23 by the retailers' occupation tax and service occupation tax
    SB3019 Enrolled          - 288 - LRB104 20255 HLH 33706 b

1 shall be collected and the tax shall be enforced by the

2 Department of Revenue in the same manner as all retailers'

3 occupation taxes and service occupation taxes imposed in the

4 political subdivision imposing the tax. The corporate

5 authorities of the political subdivision shall deposit the

6 proceeds of the taxes imposed under subsections (b) and (c)

7 into either (i) a special fund held by the corporate

8 authorities of the political subdivision called the STAR Bonds

9 Tax Allocation Fund for the purpose of paying STAR bond

10 project costs and obligations incurred in the payment of those

11 costs if such taxes are designated as pledged STAR revenues by

12 resolution or ordinance of the political subdivision or (ii)

13 the political subdivision's general corporate fund if such

14 taxes are not designated as pledged STAR revenues by

15 resolution or ordinance.

16  The tax imposed under this Section by a municipality may

17 be imposed only on the portion of a STAR bond district that is

18 within the boundaries of the municipality. For any part of a

19 STAR bond district that lies outside of the boundaries of that

20 municipality, the municipality in which the other part of the

21 STAR bond district lies (or the county, in cases where a

22 portion of the STAR bond district lies in the unincorporated

23 area of a county) is authorized to impose the tax under this

24 Section on that part of the STAR bond district.

25  (b) The corporate authorities of a political subdivision

26 that has established a STAR bond district under this Act may,
    SB3019 Enrolled  - 289 - LRB104 20255 HLH 33706 b

1 by ordinance or resolution, impose a STAR Bond Retailers'

2 Occupation Tax upon all persons engaged in the business of

3 selling tangible personal property, other than an item of

4 tangible personal property titled or registered with an agency

5 of this State's government, at retail in the STAR bond

6 district at a rate not to exceed 1% of the gross receipts from

7 the sales made in the course of that business, to be imposed

8 only in 0.25% increments. The tax may not be imposed on

9 tangible personal property taxed at the 1% rate under the

10 Retailers' Occupation Tax Act (or at the 0% rate imposed under

11 this amendatory Act of the 102nd General Assembly). Beginning

12 December 1, 2019 and through December 31, 2020, this tax is not

13 imposed on sales of aviation fuel unless the tax revenue is

14 expended for airport-related purposes. If the District does

15 not have an airport-related purpose to which aviation fuel tax

16 revenue is dedicated, then aviation fuel is excluded from the

17 tax. The municipality must comply with the certification

18 requirements for airport-related purposes under Section 2-22

19 of the Retailers' Occupation Tax Act. For purposes of this

20 Act, "airport-related purposes" has the meaning ascribed in

21 Section 6z-20.2 of the State Finance Act. Beginning January 1,

22 2021, this tax is not imposed on sales of aviation fuel for so

23 long as the revenue use requirements of 49 U.S.C. 47107(b) and

24 49 U.S.C. 47133 are binding on the District.

25  The tax imposed under this subsection and all civil

26 penalties that may be assessed as an incident thereof shall be
SB3019 Enrolled  - 290 - LRB104 20255 HLH 33706 b

 1 collected and enforced by the Department of Revenue. The
 2 certificate of registration that is issued by the Department
 3 to a retailer under the Retailers' Occupation Tax Act shall
 4 permit the retailer to engage in a business that is taxable
 5 under any ordinance or resolution enacted pursuant to this
 6 subsection without registering separately with the Department
 7 under such ordinance or resolution or under this subsection.
 8 The Department of Revenue shall have full power to administer
 9 and enforce this subsection, to collect all taxes and
10 penalties due under this subsection in the manner hereinafter
11 provided, and to determine all rights to credit memoranda
12 arising on account of the erroneous payment of tax or penalty
13 under this subsection. In the administration of, and
14 compliance with, this subsection, the Department and persons
15 who are subject to this subsection shall have the same rights,
16 remedies, privileges, immunities, powers, and duties, and be
17 subject to the same conditions, restrictions, limitations,
18 penalties, exclusions, exemptions, and definitions of terms
19 and employ the same modes of procedure, as are prescribed in
20 Sections 1, 1a through 1o, 2 through 2-65 (in respect to all
21 provisions therein other than the State rate of tax), 2c
22 through 2h, 3 (except as to the disposition of taxes and
23 penalties collected, and except that the retailer's discount
24 is not allowed for taxes paid on aviation fuel that are subject
25 to the revenue use requirements of 49 U.S.C. 47107(b) and 49
26 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k,
   SB3019 Enrolled  - 291 - LRB104 20255 HLH 33706 b

1 5l, 5m, 5n, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of

2 the Retailers' Occupation Tax Act and all provisions of the

3 Uniform Penalty and Interest Act, as fully as if those

4 provisions were set forth herein.

5  If a tax is imposed under this subsection (b), a tax shall

6 also be imposed under subsection (c) of this Section.

7  (c) If a tax has been imposed under subsection (b), a STAR

8 Bond Service Occupation Tax shall also be imposed upon all

9 persons engaged, in the STAR bond district, in the business of

10 making sales of service, who, as an incident to making those

11 sales of service, transfer tangible personal property within

12 the STAR bond district, either in the form of tangible

13 personal property or in the form of real estate as an incident

14 to a sale of service. The tax shall be imposed at the same rate

15 as the tax imposed in subsection (b) and shall not exceed 1% of

16 the selling price of tangible personal property so transferred

17 within the STAR bond district, to be imposed only in 0.25%

18 increments. The tax may not be imposed on tangible personal

19 property taxed at the 1% rate under the Service Occupation Tax

20 Act (or at the 0% rate imposed under this amendatory Act of the

21 102nd General Assembly). Beginning December 1, 2019 and

22 through December 31, 2020, this tax is not imposed on sales of

23 aviation fuel unless the tax revenue is expended for

24 airport-related purposes. If the District does not have an

25 airport-related purpose to which aviation fuel tax revenue is

26 dedicated, then aviation fuel is excluded from the tax. The
   SB3019 Enrolled  - 292 - LRB104 20255 HLH 33706 b

1 municipality must comply with the certification requirements

2 for airport-related purposes under Section 2-22 of the

3 Retailers' Occupation Tax Act. For purposes of this Act,

4 "airport-related purposes" has the meaning ascribed in Section

5 6z-20.2 of the State Finance Act. Beginning January 1, 2021,

6 this tax is not imposed on sales of aviation fuel for so long

7 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

8 U.S.C. 47133 are binding on the District.

9  The tax imposed under this subsection and all civil

10 penalties that may be assessed as an incident thereof shall be

11 collected and enforced by the Department of Revenue. The

12 certificate of registration that is issued by the Department

13 to a retailer under the Retailers' Occupation Tax Act or under

14 the Service Occupation Tax Act shall permit the registrant to

15 engage in a business that is taxable under any ordinance or

16 resolution enacted pursuant to this subsection without

17 registering separately with the Department under that

18 ordinance or resolution or under this subsection. The

19 Department of Revenue shall have full power to administer and

20 enforce this subsection, to collect all taxes and penalties

21 due under this subsection, to dispose of taxes and penalties

22 so collected in the manner hereinafter provided, and to

23 determine all rights to credit memoranda arising on account of

24 the erroneous payment of tax or penalty under this subsection.

25 In the administration of, and compliance with this subsection,

26 the Department and persons who are subject to this subsection
    SB3019 Enrolled  - 293 - LRB104 20255 HLH 33706 b

1 shall have the same rights, remedies, privileges, immunities,

2 powers, and duties, and be subject to the same conditions,

3 restrictions, limitations, penalties, exclusions, exemptions,

4 and definitions of terms and employ the same modes of

5 procedure as are prescribed in Sections 2, 2a through 2d, 3

6 through 3-50 (in respect to all provisions therein other than

7 the State rate of tax), 4 (except that the reference to the

8 State shall be to the STAR bond district), 5, 7, 8 (except that

9 the jurisdiction to which the tax shall be a debt to the extent

10 indicated in that Section 8 shall be the political

11 subdivision), 9 (except as to the disposition of taxes and

12 penalties collected, and except that the returned merchandise

13 credit for this tax may not be taken against any State tax, and

14 except that the retailer's discount is not allowed for taxes

15 paid on aviation fuel that are subject to the revenue use

16 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10,

17 11, 12 (except the reference therein to Section 2b of the

18 Retailers' Occupation Tax Act), 13 (except that any reference

19 to the State shall mean the political subdivision), the first

20 paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of

21 the Service Occupation Tax Act and all provisions of the

22 Uniform Penalty and Interest Act, as fully as if those

23 provisions were set forth herein.

24  If a tax is imposed under this subsection (c), a tax shall

25 also be imposed under subsection (b) of this Section.

26  (c-5) If, on January 1, 2025, a unit of local government
    SB3019 Enrolled        - 294 - LRB104 20255 HLH 33706 b

1 has in effect a tax under this Section, or if, after January 1,

2 2025, a unit of local government imposes a tax under this

3 Section, then that tax applies to leases of tangible personal

4 property in effect, entered into, or renewed on or after that

5 date in the same manner as the tax under this Section and in

6 accordance with the changes made by this amendatory Act of the

7 103rd General Assembly.

8   (d) Persons subject to any tax imposed under this Section

9 may reimburse themselves for their seller's tax liability

10 under this Section by separately stating the tax as an

11 additional charge, which charge may be stated in combination,

12 in a single amount, with State taxes that sellers are required

13 to collect under the Use Tax Act, in accordance with such

14 bracket schedules as the Department may prescribe.

15  Whenever the Department determines that a refund should be

16 made under this Section to a claimant instead of issuing a

17 credit memorandum, the Department shall notify the State

18 Comptroller, who shall cause the order to be drawn for the

19 amount specified and to the person named in the notification

20 from the Department. The refund shall be paid by the State

21 Treasurer out of the STAR Bond Retailers' Occupation Tax Fund

22 or the Local Government Aviation Trust Fund, as appropriate.

23  Except as otherwise provided in this paragraph, the

24 Department shall immediately pay over to the State Treasurer,

25 ex officio, as trustee, all taxes, penalties, and interest

26 collected under this Section for deposit into the STAR Bond
SB3019 Enrolled  - 295 - LRB104 20255 HLH 33706 b

 1 Retailers' Occupation Tax Fund. Taxes and penalties collected
 2 on aviation fuel sold on or after December 1, 2019, shall be
 3 immediately paid over by the Department to the State
 4 Treasurer, ex officio, as trustee, for deposit into the Local
 5 Government Aviation Trust Fund. The Department shall only pay
 6 moneys into the Local Government Aviation Trust Fund under
 7 this Section for so long as the revenue use requirements of 49
 8 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 9 District. On or before the 25th day of each calendar month, the
10 Department shall prepare and certify to the Comptroller the
11 disbursement of stated sums of money to named political
12 subdivisions from the STAR Bond Retailers' Occupation Tax
13 Fund, the political subdivisions to be those from which
14 retailers have paid taxes or penalties under this Section to
15 the Department during the second preceding calendar month. The
16 amount to be paid to each political subdivision shall be the
17 amount (not including credit memoranda and not including taxes
18 and penalties collected on aviation fuel sold on or after
19 December 1, 2019) collected under this Section during the
20 second preceding calendar month by the Department plus an
21 amount the Department determines is necessary to offset any
22 amounts that were erroneously paid to a different taxing body,
23 and not including an amount equal to the amount of refunds made
24 during the second preceding calendar month by the Department,
25 less 3% of that amount, which shall be deposited into the Tax
26 Compliance and Administration Fund and shall be used by the
    SB3019 Enrolled  - 296 - LRB104 20255 HLH 33706 b

1 Department, subject to appropriation, to cover the costs of

2 the Department in administering and enforcing the provisions

3 of this Section, on behalf of such political subdivision, and

4 not including any amount that the Department determines is

5 necessary to offset any amounts that were payable to a

6 different taxing body but were erroneously paid to the

7 political subdivision. Within 10 days after receipt by the

8 Comptroller of the disbursement certification to the political

9 subdivisions provided for in this Section to be given to the

10 Comptroller by the Department, the Comptroller shall cause the

11 orders to be drawn for the respective amounts in accordance

12 with the directions contained in the certification. The

13 proceeds of the tax paid to political subdivisions under this

14 Section shall be deposited into either (i) the STAR Bonds Tax

15 Allocation Fund by the political subdivision if the political

16 subdivision has designated them as pledged STAR revenues by

17 resolution or ordinance or (ii) the political subdivision's

18 general corporate fund if the political subdivision has not

19 designated them as pledged STAR revenues.

20  An ordinance or resolution imposing or discontinuing the

21 tax under this Section or effecting a change in the rate

22 thereof shall either (i) be adopted and a certified copy

23 thereof filed with the Department on or before the first day of

24 April, whereupon the Department, if all other requirements of

25 this Section are met, shall proceed to administer and enforce

26 this Section as of the first day of July next following the
   SB3019 Enrolled  - 297 - LRB104 20255 HLH 33706 b

1 adoption and filing; or (ii) be adopted and a certified copy

2 thereof filed with the Department on or before the first day of

3 October, whereupon, if all other requirements of this Section

4 are met, the Department shall proceed to administer and

5 enforce this Section as of the first day of January next

6 following the adoption and filing.

7  The Department of Revenue shall not administer or enforce

8 an ordinance imposing, discontinuing, or changing the rate of

9 the tax under this Section until the political subdivision

10 also provides, in the manner prescribed by the Department, the

11 boundaries of the STAR bond district and each address in the

12 STAR bond district in such a way that the Department can

13 determine by its address whether a business is located in the

14 STAR bond district. The political subdivision must provide

15 this boundary and address information to the Department on or

16 before April 1 for administration and enforcement of the tax

17 under this Section by the Department beginning on the

18 following July 1 and on or before October 1 for administration

19 and enforcement of the tax under this Section by the

20 Department beginning on the following January 1. The

21 Department of Revenue shall not administer or enforce any

22 change made to the boundaries of a STAR bond district or any

23 address change, addition, or deletion until the political

24 subdivision reports the boundary change or address change,

25 addition, or deletion to the Department in the manner

26 prescribed by the Department. The political subdivision must
    SB3019 Enrolled        - 298 - LRB104 20255 HLH 33706 b

1 provide this boundary change or address change, addition, or

2 deletion information to the Department on or before April 1

3 for administration and enforcement by the Department of the

4 change, addition, or deletion beginning on the following July

5 1 and on or before October 1 for administration and

6 enforcement by the Department of the change, addition, or

7 deletion beginning on the following January 1. The retailers

8 in the STAR bond district shall be responsible for charging

9 the tax imposed under this Section. If a retailer is

10 incorrectly included or excluded from the list of those

11 required to collect the tax under this Section, both the

12 Department of Revenue and the retailer shall be held harmless

13 if they reasonably relied on information provided by the

14 political subdivision.

15  A political subdivision that imposes the tax under this

16 Section must submit to the Department of Revenue any other

17 information as the Department may require that is necessary

18 for the administration and enforcement of the tax.

19  When certifying the amount of a monthly disbursement to a

20 political subdivision under this Section, the Department shall

21 increase or decrease the amount by an amount necessary to

22 offset any misallocation of previous disbursements. The offset

23 amount shall be the amount erroneously disbursed within the

24 previous 6 months from the time a misallocation is discovered.

25  Nothing in this Section shall be construed to authorize

26 the political subdivision to impose a tax upon the privilege
    SB3019 Enrolled  - 299 - LRB104 20255 HLH 33706 b

1 of engaging in any business which under the Constitution of

2 the United States may not be made the subject of taxation by

3 this State.

4   (e) When STAR bond project costs, including, without

5 limitation, all political subdivision obligations financing

6 STAR bond project costs, have been paid, any surplus funds

7 then remaining in the STAR Bonds Tax Allocation Fund shall be

8 distributed to the treasurer of the political subdivision for

9 deposit into the political subdivision's general corporate

10 fund. Upon payment of all STAR bond project costs and

11 retirement of obligations, but in no event later than the

12 maximum maturity date of the last of the STAR bonds issued in

13 the STAR bond district, the political subdivision shall adopt

14 an ordinance immediately rescinding the taxes imposed pursuant

15 to this Section and file a certified copy of the ordinance with

16 the Department in the form and manner as described in this

17 Section.

18 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

19  Section 70-70. The Counties Code is amended by changing

20 Sections 5-1006, 5-1006.5, 5-1006.7, 5-1006.8, 5-1006.9,

21 5-1008.5, and 5-12001 as follows:

22  (55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)

23  Sec. 5-1006. Home Rule County Retailers' Occupation Tax

24 Law. Any county that is a home rule unit may impose a tax upon
SB3019 Enrolled  - 300 - LRB104 20255 HLH 33706 b

 1 all persons engaged in the business of selling tangible
 2 personal property, other than an item of tangible personal
 3 property titled or registered with an agency of this State's
 4 government, at retail in the county on the gross receipts from
 5 such sales made in the course of their business. If imposed,
 6 this tax shall only be imposed in 1/4% increments. On and after
 7 September 1, 1991, this additional tax may not be imposed on
 8 tangible personal property taxed at the 1% rate under the
 9 Retailers' Occupation Tax Act (or at the 0% rate imposed under
10 this amendatory Act of the 102nd General Assembly). Beginning
11 December 1, 2019, this tax is not imposed on sales of aviation
12 fuel unless the tax revenue is expended for airport-related
13 purposes. If the county does not have an airport-related
14 purpose to which it dedicates aviation fuel tax revenue, then
15 aviation fuel is excluded from the tax. The county must comply
16 with the certification requirements for airport-related
17 purposes under Section 2-22 of the Retailers' Occupation Tax
18 Act. For purposes of this Section, "airport-related purposes"
19 has the meaning ascribed in Section 6z-20.2 of the State
20 Finance Act. This exclusion for aviation fuel only applies for
21 so long as the revenue use requirements of 49 U.S.C. 47107(b)
22 and 49 U.S.C. 47133 are binding on the county. The changes made
23 to this Section by this amendatory Act of the 101st General
24 Assembly are a denial and limitation of home rule powers and
25 functions under subsection (g) of Section 6 of Article VII of
26 the Illinois Constitution.
   SB3019 Enrolled   - 301 - LRB104 20255 HLH 33706 b

1  If, on January 1, 2025, a unit of local government has in

2 effect a tax under this Section, or if, after January 1, 2025,

3 a unit of local government imposes a tax under this Section,

4 then that tax applies to leases of tangible personal property

5 in effect, entered into, or renewed on or after that date in

6 the same manner as the tax under this Section and in accordance

7 with the changes made by this amendatory Act of the 103rd

8 General Assembly.

9  The tax imposed by a home rule county pursuant to this

10 Section and all civil penalties that may be assessed as an

11 incident thereof shall be collected and enforced by the State

12 Department of Revenue. The certificate of registration that is

13 issued by the Department to a retailer under the Retailers'

14 Occupation Tax Act shall permit the retailer to engage in a

15 business that is taxable under any ordinance or resolution

16 enacted pursuant to this Section without registering

17 separately with the Department under such ordinance or

18 resolution or under this Section. The Department shall have

19 full power to administer and enforce this Section; to collect

20 all taxes and penalties due hereunder; to dispose of taxes and

21 penalties so collected in the manner hereinafter provided; and

22 to determine all rights to credit memoranda arising on account

23 of the erroneous payment of tax or penalty hereunder. In the

24 administration of, and compliance with, this Section, the

25 Department and persons who are subject to this Section shall

26 have the same rights, remedies, privileges, immunities, powers
    SB3019 Enrolled  - 302 - LRB104 20255 HLH 33706 b

1 and duties, and be subject to the same conditions,

2 restrictions, limitations, penalties and definitions of terms,

3 and employ the same modes of procedure, as are prescribed in

4 Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through

5 2-65 (in respect to all provisions therein other than the

6 State rate of tax), 3 (except as to the disposition of taxes

7 and penalties collected, and except that the retailer's

8 discount is not allowed for taxes paid on aviation fuel that

9 are subject to the revenue use requirements of 49 U.S.C.

10 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,

11 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10,

12 11, 12 and 13 of the Retailers' Occupation Tax Act and Section

13 3-7 of the Uniform Penalty and Interest Act, as fully as if

14 those provisions were set forth herein.

15  No tax may be imposed by a home rule county pursuant to

16 this Section unless the county also imposes a tax at the same

17 rate pursuant to Section 5-1007.

18  Persons subject to any tax imposed pursuant to the

19 authority granted in this Section may reimburse themselves for

20 their seller's tax liability hereunder by separately stating

21 such tax as an additional charge, which charge may be stated in

22 combination, in a single amount, with State tax which sellers

23 are required to collect under the Use Tax Act, pursuant to such

24 bracket schedules as the Department may prescribe.

25  Whenever the Department determines that a refund should be

26 made under this Section to a claimant instead of issuing a
    SB3019 Enrolled  - 303 - LRB104 20255 HLH 33706 b

1 credit memorandum, the Department shall notify the State

2 Comptroller, who shall cause the order to be drawn for the

3 amount specified and to the person named in the notification

4 from the Department. The refund shall be paid by the State

5 Treasurer out of the home rule county retailers' occupation

6 tax fund or the Local Government Aviation Trust Fund, as

7 appropriate.

8   Except as otherwise provided in this paragraph, the

9 Department shall forthwith pay over to the State Treasurer, ex

10 officio, as trustee, all taxes and penalties collected

11 hereunder for deposit into the Home Rule County Retailers'

12 Occupation Tax Fund. Taxes and penalties collected on aviation

13 fuel sold on or after December 1, 2019, shall be immediately

14 paid over by the Department to the State Treasurer, ex

15 officio, as trustee, for deposit into the Local Government

16 Aviation Trust Fund. The Department shall only pay moneys into

17 the Local Government Aviation Trust Fund under this Section

18 for so long as the revenue use requirements of 49 U.S.C.

19 47107(b) and 49 U.S.C. 47133 are binding on the county.

20  As soon as possible after the first day of each month,

21 beginning January 1, 2011, upon certification of the

22 Department of Revenue, the Comptroller shall order

23 transferred, and the Treasurer shall transfer, to the STAR

24 Bonds Revenue Fund the local sales tax increment, as defined

25 in the Innovation Development and Economy Act, collected under

26 this Section during the second preceding calendar month for
   SB3019 Enrolled  - 304 - LRB104 20255 HLH 33706 b

1 sales within a STAR bond district.

2  After the monthly transfer to the STAR Bonds Revenue Fund,

3 on or before the 25th day of each calendar month, the

4 Department shall prepare and certify to the Comptroller the

5 disbursement of stated sums of money to named counties, the

6 counties to be those from which retailers have paid taxes or

7 penalties hereunder to the Department during the second

8 preceding calendar month. The amount to be paid to each county

9 shall be the amount (not including credit memoranda and not

10 including taxes and penalties collected on aviation fuel sold

11 on or after December 1, 2019) collected hereunder during the

12 second preceding calendar month by the Department plus an

13 amount the Department determines is necessary to offset any

14 amounts that were erroneously paid to a different taxing body,

15 and not including an amount equal to the amount of refunds made

16 during the second preceding calendar month by the Department

17 on behalf of such county, and not including any amount which

18 the Department determines is necessary to offset any amounts

19 which were payable to a different taxing body but were

20 erroneously paid to the county, and not including any amounts

21 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

22 of the remainder, which the Department shall transfer into the

23 Tax Compliance and Administration Fund. The Department, at the

24 time of each monthly disbursement to the counties, shall

25 prepare and certify to the State Comptroller the amount to be

26 transferred into the Tax Compliance and Administration Fund
    SB3019 Enrolled      - 305 - LRB104 20255 HLH 33706 b

1 under this Section. Within 10 days after receipt, by the

2 Comptroller, of the disbursement certification to the counties

3 and the Tax Compliance and Administration Fund provided for in

4 this Section to be given to the Comptroller by the Department,

5 the Comptroller shall cause the orders to be drawn for the

6 respective amounts in accordance with the directions contained

7 in the certification.

8   In addition to the disbursement required by the preceding

9 paragraph, an allocation shall be made in March of each year to

10 each county that received more than $500,000 in disbursements

11 under the preceding paragraph in the preceding calendar year.

12 The allocation shall be in an amount equal to the average

13 monthly distribution made to each such county under the

14 preceding paragraph during the preceding calendar year

15 (excluding the 2 months of highest receipts). The distribution

16 made in March of each year subsequent to the year in which an

17 allocation was made pursuant to this paragraph and the

18 preceding paragraph shall be reduced by the amount allocated

19 and disbursed under this paragraph in the preceding calendar

20 year. The Department shall prepare and certify to the

21 Comptroller for disbursement the allocations made in

22 accordance with this paragraph.

23  For the purpose of determining the local governmental unit

24 whose tax is applicable, a retail sale by a producer of coal or

25 other mineral mined in Illinois is a sale at retail at the

26 place where the coal or other mineral mined in Illinois is
    SB3019 Enrolled  - 306 - LRB104 20255 HLH 33706 b

1 extracted from the earth. This paragraph does not apply to

2 coal or other mineral when it is delivered or shipped by the

3 seller to the purchaser at a point outside Illinois so that the

4 sale is exempt under the United States Constitution as a sale

5 in interstate or foreign commerce.

6   Nothing in this Section shall be construed to authorize a

7 county to impose a tax upon the privilege of engaging in any

8 business which under the Constitution of the United States may

9 not be made the subject of taxation by this State.

10  An ordinance or resolution imposing or discontinuing a tax

11 hereunder or effecting a change in the rate thereof shall be

12 adopted and a certified copy thereof filed with the Department

13 on or before the first day of June, whereupon the Department

14 shall proceed to administer and enforce this Section as of the

15 first day of September next following such adoption and

16 filing. Beginning January 1, 1992, an ordinance or resolution

17 imposing or discontinuing the tax hereunder or effecting a

18 change in the rate thereof shall be adopted and a certified

19 copy thereof filed with the Department on or before the first

20 day of July, whereupon the Department shall proceed to

21 administer and enforce this Section as of the first day of

22 October next following such adoption and filing. Beginning

23 January 1, 1993, an ordinance or resolution imposing or

24 discontinuing the tax hereunder or effecting a change in the

25 rate thereof shall be adopted and a certified copy thereof

26 filed with the Department on or before the first day of
    SB3019 Enrolled       - 307 - LRB104 20255 HLH 33706 b

1 October, whereupon the Department shall proceed to administer

2 and enforce this Section as of the first day of January next

3 following such adoption and filing. Beginning April 1, 1998,

4 an ordinance or resolution imposing or discontinuing the tax

5 hereunder or effecting a change in the rate thereof shall

6 either (i) be adopted and a certified copy thereof filed with

7 the Department on or before the first day of April, whereupon

8 the Department shall proceed to administer and enforce this

9 Section as of the first day of July next following the adoption

10 and filing; or (ii) be adopted and a certified copy thereof

11 filed with the Department on or before the first day of

12 October, whereupon the Department shall proceed to administer

13 and enforce this Section as of the first day of January next

14 following the adoption and filing.

15  When certifying the amount of a monthly disbursement to a

16 county under this Section, the Department shall increase or

17 decrease such amount by an amount necessary to offset any

18 misallocation of previous disbursements. The offset amount

19 shall be the amount erroneously disbursed within the previous

20 6 months from the time a misallocation is discovered.

21  This Section shall be known and may be cited as the Home

22 Rule County Retailers' Occupation Tax Law.

23 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

24  (55 ILCS 5/5-1006.5)

25  Sec. 5-1006.5. Special County Retailers' Occupation Tax
   SB3019 Enrolled           - 308 - LRB104 20255 HLH 33706 b

1 For Public Safety, Public Facilities, Mental Health, Substance

2 Abuse, or Transportation.

3  (a) The county board of any county may impose a tax upon

4 all persons engaged in the business of selling tangible

5 personal property, other than personal property titled or

6 registered with an agency of this State's government, at

7 retail in the county on the gross receipts from the sales made

8 in the course of business to provide revenue to be used

9 exclusively for public safety, public facility, mental health,

10 substance abuse, or transportation purposes in that county

11 (except as otherwise provided in this Section), if a

12 proposition for the tax has been submitted to the electors of

13 that county and approved by a majority of those voting on the

14 question. If imposed, this tax shall be imposed only in

15 one-quarter percent increments. By resolution, the county

16 board may order the proposition to be submitted at any

17 election. If the tax is imposed for transportation purposes

18 for expenditures for public highways or as authorized under

19 the Illinois Highway Code, the county board must publish

20 notice of the existence of its long-range highway

21 transportation plan as required or described in Section 5-301

22 of the Illinois Highway Code and must make the plan publicly

23 available prior to approval of the ordinance or resolution

24 imposing the tax. If the tax is imposed for transportation

25 purposes for expenditures for passenger rail transportation,

26 the county board must publish notice of the existence of its
    SB3019 Enrolled  - 309 - LRB104 20255 HLH 33706 b

1 long-range passenger rail transportation plan and must make

2 the plan publicly available prior to approval of the ordinance

3 or resolution imposing the tax.

4   If a tax is imposed for public facilities purposes, then

5 the name of the project may be included in the proposition at

6 the discretion of the county board as determined in the

7 enabling resolution. For example, the "XXX Nursing Home" or

8 the "YYY Museum".

9   The county clerk shall certify the question to the proper

10 election authority, who shall submit the proposition at an

11 election in accordance with the general election law.

12  (1) The proposition for public safety purposes shall

13  be in substantially the following form:

14  "To pay for public safety purposes, shall (name of

15  county) be authorized to impose an increase on its share

16  of local sales taxes by (insert rate)?"

17  As additional information on the ballot below the

18  question shall appear the following:

19  "This would mean that a consumer would pay an

20  additional (insert amount) in sales tax for every $100 of

21  tangible personal property bought at retail."

22  The county board may also opt to establish a sunset

23  provision at which time the additional sales tax would

24  cease being collected, if not terminated earlier by a vote

25  of the county board. If the county board votes to include a

26  sunset provision, the proposition for public safety
    SB3019 Enrolled  - 310 - LRB104 20255 HLH 33706 b

1   purposes shall be in substantially the following form:

2   "To pay for public safety purposes, shall (name of

3   county) be authorized to impose an increase on its share

4   of local sales taxes by (insert rate) for a period not to

5   exceed (insert number of years)?"

6   As additional information on the ballot below the

7   question shall appear the following:

8   "This would mean that a consumer would pay an

9   additional (insert amount) in sales tax for every $100 of

10  tangible personal property bought at retail. If imposed,

11  the additional tax would cease being collected at the end

12  of (insert number of years), if not terminated earlier by

13  a vote of the county board."

14  For the purposes of the paragraph, "public safety

15  purposes" means crime prevention, detention, fire

16  fighting, police, medical, ambulance, or other emergency

17  services.

18  Votes shall be recorded as "Yes" or "No".

19  Beginning on the January 1 or July 1, whichever is

20  first, that occurs not less than 30 days after May 31, 2015

21  (the effective date of Public Act 99-4), Adams County may

22  impose a public safety retailers' occupation tax and

23  service occupation tax at the rate of 0.25%, as provided

24  in the referendum approved by the voters on April 7, 2015,

25  notwithstanding the omission of the additional information

26  that is otherwise required to be printed on the ballot
    SB3019 Enrolled  - 311 - LRB104 20255 HLH 33706 b

1   below the question pursuant to this item (1).

2   (2) The proposition for transportation purposes shall

3   be in substantially the following form:

4   "To pay for improvements to roads and other

5   transportation purposes, shall (name of county) be

6   authorized to impose an increase on its share of local

7   sales taxes by (insert rate)?"

8   As additional information on the ballot below the

9   question shall appear the following:

10  "This would mean that a consumer would pay an

11  additional (insert amount) in sales tax for every $100 of

12  tangible personal property bought at retail."

13  The county board may also opt to establish a sunset

14  provision at which time the additional sales tax would

15  cease being collected, if not terminated earlier by a vote

16  of the county board. If the county board votes to include a

17  sunset provision, the proposition for transportation

18  purposes shall be in substantially the following form:

19  "To pay for road improvements and other transportation

20  purposes, shall (name of county) be authorized to impose

21  an increase on its share of local sales taxes by (insert

22  rate) for a period not to exceed (insert number of

23  years)?"

24  As additional information on the ballot below the

25  question shall appear the following:

26  "This would mean that a consumer would pay an
    SB3019 Enrolled  - 312 - LRB104 20255 HLH 33706 b

1   additional (insert amount) in sales tax for every $100 of

2   tangible personal property bought at retail. If imposed,

3   the additional tax would cease being collected at the end

4   of (insert number of years), if not terminated earlier by

5   a vote of the county board."

6   For the purposes of this paragraph, transportation

7   purposes means construction, maintenance, operation, and

8   improvement of public highways, any other purpose for

9   which a county may expend funds under the Illinois Highway

10  Code, and passenger rail transportation.

11  The votes shall be recorded as "Yes" or "No".

12  (3) The proposition for public facilities purposes

13  shall be in substantially the following form:

14  "To pay for public facilities purposes, shall (name of

15  county) be authorized to impose an increase on its share

16  of local sales taxes by (insert rate)?"

17  As additional information on the ballot below the

18  question shall appear the following:

19  "This would mean that a consumer would pay an

20  additional (insert amount) in sales tax for every $100 of

21  tangible personal property bought at retail."

22  The county board may also opt to establish a sunset

23  provision at which time the additional sales tax would

24  cease being collected, if not terminated earlier by a vote

25  of the county board. If the county board votes to include a

26  sunset provision, the proposition for public facilities
    SB3019 Enrolled  - 313 - LRB104 20255 HLH 33706 b

1   purposes shall be in substantially the following form:

2   "To pay for public facilities purposes, shall (name of

3   county) be authorized to impose an increase on its share

4   of local sales taxes by (insert rate) for a period not to

5   exceed (insert number of years)?"

6   As additional information on the ballot below the

7   question shall appear the following:

8   "This would mean that a consumer would pay an

9   additional (insert amount) in sales tax for every $100 of

10  tangible personal property bought at retail. If imposed,

11  the additional tax would cease being collected at the end

12  of (insert number of years), if not terminated earlier by

13  a vote of the county board."

14  For purposes of this Section, "public facilities

15  purposes" means the acquisition, development,

16  construction,    reconstruction,      rehabilitation,

17  improvement, financing, architectural planning, and

18  installation of capital facilities consisting of

19  buildings, structures, and durable equipment and for the

20  acquisition and improvement of real property and interest

21  in real property required, or expected to be required, in

22  connection with the public facilities, for use by the

23  county for the furnishing of governmental services to its

24  citizens, including, but not limited to, museums and

25  nursing homes.

26  The votes shall be recorded as "Yes" or "No".
    SB3019 Enrolled  - 314 - LRB104 20255 HLH 33706 b

1   (4) The proposition for mental health purposes shall

2   be in substantially the following form:

3   "To pay for mental health purposes, shall (name of

4   county) be authorized to impose an increase on its share

5   of local sales taxes by (insert rate)?"

6   As additional information on the ballot below the

7   question shall appear the following:

8   "This would mean that a consumer would pay an

9   additional (insert amount) in sales tax for every $100 of

10  tangible personal property bought at retail."

11  The county board may also opt to establish a sunset

12  provision at which time the additional sales tax would

13  cease being collected, if not terminated earlier by a vote

14  of the county board. If the county board votes to include a

15  sunset provision, the proposition for public facilities

16  purposes shall be in substantially the following form:

17  "To pay for mental health purposes, shall (name of

18  county) be authorized to impose an increase on its share

19  of local sales taxes by (insert rate) for a period not to

20  exceed (insert number of years)?"

21  As additional information on the ballot below the

22  question shall appear the following:

23  "This would mean that a consumer would pay an

24  additional (insert amount) in sales tax for every $100 of

25  tangible personal property bought at retail. If imposed,

26  the additional tax would cease being collected at the end
    SB3019 Enrolled  - 315 - LRB104 20255 HLH 33706 b

1   of (insert number of years), if not terminated earlier by

2   a vote of the county board."

3   The votes shall be recorded as "Yes" or "No".

4   (5) The proposition for substance abuse purposes shall

5   be in substantially the following form:

6   "To pay for substance abuse purposes, shall (name of

7   county) be authorized to impose an increase on its share

8   of local sales taxes by (insert rate)?"

9   As additional information on the ballot below the

10  question shall appear the following:

11  "This would mean that a consumer would pay an

12  additional (insert amount) in sales tax for every $100 of

13  tangible personal property bought at retail."

14  The county board may also opt to establish a sunset

15  provision at which time the additional sales tax would

16  cease being collected, if not terminated earlier by a vote

17  of the county board. If the county board votes to include a

18  sunset provision, the proposition for public facilities

19  purposes shall be in substantially the following form:

20  "To pay for substance abuse purposes, shall (name of

21  county) be authorized to impose an increase on its share

22  of local sales taxes by (insert rate) for a period not to

23  exceed (insert number of years)?"

24  As additional information on the ballot below the

25  question shall appear the following:

26  "This would mean that a consumer would pay an
    SB3019 Enrolled  - 316 - LRB104 20255 HLH 33706 b

1   additional (insert amount) in sales tax for every $100 of

2   tangible personal property bought at retail. If imposed,

3   the additional tax would cease being collected at the end

4   of (insert number of years), if not terminated earlier by

5   a vote of the county board."

6   The votes shall be recorded as "Yes" or "No".

7   If a majority of the electors voting on the proposition

8 vote in favor of it, the county may impose the tax. A county

9 may not submit more than one proposition authorized by this

10 Section to the electors at any one time.

11  This additional tax may not be imposed on tangible

12 personal property taxed at the 1% rate under the Retailers'

13 Occupation Tax Act (or at the 0% rate imposed under Public Act

14 102-700 this amendatory Act of the 102nd General Assembly).

15 Beginning December 1, 2019 and through December 31, 2020, this

16 tax is not imposed on sales of aviation fuel unless the tax

17 revenue is expended for airport-related purposes. If the

18 county does not have an airport-related purpose to which it

19 dedicates aviation fuel tax revenue, then aviation fuel is

20 excluded from the tax. The county must comply with the

21 certification requirements for airport-related purposes under

22 Section 2-22 of the Retailers' Occupation Tax Act. For

23 purposes of this Section, "airport-related purposes" has the

24 meaning ascribed in Section 6z-20.2 of the State Finance Act.

25 Beginning January 1, 2021, this tax is not imposed on sales of

26 aviation fuel for so long as the revenue use requirements of 49
SB3019 Enrolled  - 317 - LRB104 20255 HLH 33706 b

 1 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.
 2 The tax imposed by a county under this Section and all civil
 3 penalties that may be assessed as an incident of the tax shall
 4 be collected and enforced by the Illinois Department of
 5 Revenue and deposited into a special fund created for that
 6 purpose. The certificate of registration that is issued by the
 7 Department to a retailer under the Retailers' Occupation Tax
 8 Act shall permit the retailer to engage in a business that is
 9 taxable without registering separately with the Department
10 under an ordinance or resolution under this Section. The
11 Department has full power to administer and enforce this
12 Section, to collect all taxes and penalties due under this
13 Section, to dispose of taxes and penalties so collected in the
14 manner provided in this Section, and to determine all rights
15 to credit memoranda arising on account of the erroneous
16 payment of a tax or penalty under this Section. In the
17 administration of and compliance with this Section, the
18 Department and persons who are subject to this Section shall
19 (i) have the same rights, remedies, privileges, immunities,
20 powers, and duties, (ii) be subject to the same conditions,
21 restrictions, limitations, penalties, and definitions of
22 terms, and (iii) employ the same modes of procedure as are
23 prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
24 1n, 2 through 2-70 (in respect to all provisions contained in
25 those Sections other than the State rate of tax), 2a, 2b, 2c, 3
26 (except provisions relating to transaction returns and quarter
    SB3019 Enrolled       - 318 - LRB104 20255 HLH 33706 b

1 monthly payments, and except that the retailer's discount is

2 not allowed for taxes paid on aviation fuel that are deposited

3 into the Local Government Aviation Trust Fund), 4, 5, 5a, 5b,

4 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c,

5 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

6 Occupation Tax Act and Section 3-7 of the Uniform Penalty and

7 Interest Act as if those provisions were set forth in this

8 Section.

9   Persons subject to any tax imposed under the authority

10 granted in this Section may reimburse themselves for their

11 sellers' tax liability by separately stating the tax as an

12 additional charge, which charge may be stated in combination,

13 in a single amount, with State tax which sellers are required

14 to collect under the Use Tax Act, pursuant to such bracketed

15 schedules as the Department may prescribe.

16  Whenever the Department determines that a refund should be

17 made under this Section to a claimant instead of issuing a

18 credit memorandum, the Department shall notify the State

19 Comptroller, who shall cause the order to be drawn for the

20 amount specified and to the person named in the notification

21 from the Department. The refund shall be paid by the State

22 Treasurer out of the County Public Safety, Public Facilities,

23 Mental Health, Substance Abuse, or Transportation Retailers'

24 Occupation Tax Fund or the Local Government Aviation Trust

25 Fund, as appropriate.

26  (b) If a tax has been imposed under subsection (a), a
SB3019 Enrolled  - 319 - LRB104 20255 HLH 33706 b

 1 service occupation tax shall also be imposed upon all persons
 2 engaged in the county in the business of making sales of
 3 service, at the same rate of tax imposed under subsection (a),
 4 on the selling price of all upon all persons engaged, in the
 5 county, in the business of making sales of service, who, as an
 6 incident to making those sales of service, transfer tangible
 7 personal property transferred by the serviceman within the
 8 county as an incident to a sale of service. This tax may not be
 9 imposed on tangible personal property taxed at the 1% rate
10 under the Service Occupation Tax Act (or at the 0% rate imposed
11 under Public Act 102-700 this amendatory Act of the 102nd
12 General Assembly). Beginning December 1, 2019 and through
13 December 31, 2020, this tax is not imposed on sales of aviation
14 fuel unless the tax revenue is expended for airport-related
15 purposes. If the county does not have an airport-related
16 purpose to which it dedicates aviation fuel tax revenue, then
17 aviation fuel is excluded from the tax. The county must comply
18 with the certification requirements for airport-related
19 purposes under Section 2-22 of the Retailers' Occupation Tax
20 Act. For purposes of this Section, "airport-related purposes"
21 has the meaning ascribed in Section 6z-20.2 of the State
22 Finance Act. Beginning January 1, 2021, this tax is not
23 imposed on sales of aviation fuel for so long as the revenue
24 use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
25 binding on the county. The tax imposed under this subsection
26 and all civil penalties that may be assessed as an incident
SB3019 Enrolled  - 320 - LRB104 20255 HLH 33706 b

 1 thereof shall be collected and enforced by the Department of
 2 Revenue. The Department has full power to administer and
 3 enforce this subsection; to collect all taxes and penalties
 4 due hereunder; to dispose of taxes and penalties so collected
 5 in the manner hereinafter provided; and to determine all
 6 rights to credit memoranda arising on account of the erroneous
 7 payment of tax or penalty hereunder. In the administration of
 8 and compliance with this subsection, the Department and
 9 persons who are subject to this paragraph shall (i) have the
10 same rights, remedies, privileges, immunities, powers, and
11 duties, (ii) be subject to the same conditions, restrictions,
12 limitations, penalties, exclusions, exemptions, and
13 definitions of terms, and (iii) employ the same modes of
14 procedure as are prescribed in Sections 2 (except that the
15 reference to State in the definition of supplier maintaining a
16 place of business in this State shall mean the county), 2a, 2b,
17 2c, 3 through 3-50 (in respect to all provisions therein other
18 than the State rate of tax), 4 (except that the reference to
19 the State shall be to the county), 5, 7, 8 (except that the
20 jurisdiction to which the tax shall be a debt to the extent
21 indicated in that Section 8 shall be the county), 9 (except as
22 to the disposition of taxes and penalties collected, and
23 except that the retailer's discount is not allowed for taxes
24 paid on aviation fuel that are deposited into the Local
25 Government Aviation Trust Fund), 10, 11, 12 (except the
26 reference therein to Section 2b of the Retailers' Occupation
    SB3019 Enrolled       - 321 - LRB104 20255 HLH 33706 b

1 Tax Act), 13 (except that any reference to the State shall mean

2 the county), Section 15, 16, 17, 18, 19, and 20 of the Service

3 Occupation Tax Act, and Section 3-7 of the Uniform Penalty and

4 Interest Act, as fully as if those provisions were set forth

5 herein.

6   Persons subject to any tax imposed under the authority

7 granted in this subsection may reimburse themselves for their

8 serviceman's tax liability by separately stating the tax as an

9 additional charge, which charge may be stated in combination,

10 in a single amount, with State tax that servicemen are

11 authorized to collect under the Service Use Tax Act, in

12 accordance with such bracket schedules as the Department may

13 prescribe.

14  Whenever the Department determines that a refund should be

15 made under this subsection to a claimant instead of issuing a

16 credit memorandum, the Department shall notify the State

17 Comptroller, who shall cause the warrant to be drawn for the

18 amount specified, and to the person named, in the notification

19 from the Department. The refund shall be paid by the State

20 Treasurer out of the County Public Safety, Public Facilities,

21 Mental Health, Substance Abuse, or Transportation Retailers'

22 Occupation Tax Fund or the Local Government Aviation Trust

23 Fund, as appropriate.

24  Nothing in this subsection shall be construed to authorize

25 the county to impose a tax upon the privilege of engaging in

26 any business which under the Constitution of the United States
    SB3019 Enrolled  - 322 - LRB104 20255 HLH 33706 b

1 may not be made the subject of taxation by the State.

2   (b-5) If, on January 1, 2025, a unit of local government

3 has in effect a tax under this Section, or if, after January 1,

4 2025, a unit of local government imposes a tax under this

5 Section, then that tax applies to leases of tangible personal

6 property in effect, entered into, or renewed on or after that

7 date in the same manner as the tax under this Section and in

8 accordance with the changes made by Public Act 103-592 this

9 amendatory Act of the 103rd General Assembly.

10  (c) Except as otherwise provided in this paragraph, the

11 Department shall immediately pay over to the State Treasurer,

12 ex officio, as trustee, all taxes and penalties collected

13 under this Section to be deposited into the County Public

14 Safety, Public Facilities, Mental Health, Substance Abuse, or

15 Transportation Retailers' Occupation Tax Fund, which shall be

16 an unappropriated trust fund held outside of the State

17 treasury. Taxes and penalties collected on aviation fuel sold

18 on or after December 1, 2019 and through December 31, 2020,

19 shall be immediately paid over by the Department to the State

20 Treasurer, ex officio, as trustee, for deposit into the Local

21 Government Aviation Trust Fund. The Department shall only pay

22 moneys into the Local Government Aviation Trust Fund under

23 this Act for so long as the revenue use requirements of 49

24 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.

25  As soon as possible after the first day of each month,

26 beginning January 1, 2011, upon certification of the
   SB3019 Enrolled  - 323 - LRB104 20255 HLH 33706 b

1 Department of Revenue, the Comptroller shall order

2 transferred, and the Treasurer shall transfer, to the STAR

3 Bonds Revenue Fund the local sales tax increment, as defined

4 in the Innovation Development and Economy Act, collected under

5 this Section during the second preceding calendar month for

6 sales within a STAR bond district.

7  After the monthly transfer to the STAR Bonds Revenue Fund,

8 on or before the 25th day of each calendar month, the

9 Department shall prepare and certify to the Comptroller the

10 disbursement of stated sums of money to the counties from

11 which retailers have paid taxes or penalties to the Department

12 during the second preceding calendar month. The amount to be

13 paid to each county, and deposited by the county into its

14 special fund created for the purposes of this Section, shall

15 be the amount (not including credit memoranda and not

16 including taxes and penalties collected on aviation fuel sold

17 on or after December 1, 2019 and through December 31, 2020)

18 collected under this Section during the second preceding

19 calendar month by the Department plus an amount the Department

20 determines is necessary to offset any amounts that were

21 erroneously paid to a different taxing body, and not including

22 (i) an amount equal to the amount of refunds made during the

23 second preceding calendar month by the Department on behalf of

24 the county, (ii) any amount that the Department determines is

25 necessary to offset any amounts that were payable to a

26 different taxing body but were erroneously paid to the county,
    SB3019 Enrolled    - 324 - LRB104 20255 HLH 33706 b

1 (iii) any amounts that are transferred to the STAR Bonds

2 Revenue Fund, and (iv) 1.5% of the remainder, which shall be

3 transferred into the Tax Compliance and Administration Fund.

4 The Department, at the time of each monthly disbursement to

5 the counties, shall prepare and certify to the State

6 Comptroller the amount to be transferred into the Tax

7 Compliance and Administration Fund under this subsection.

8 Within 10 days after receipt by the Comptroller of the

9 disbursement certification to the counties and the Tax

10 Compliance and Administration Fund provided for in this

11 Section to be given to the Comptroller by the Department, the

12 Comptroller shall cause the orders to be drawn for the

13 respective amounts in accordance with directions contained in

14 the certification.

15  In addition to the disbursement required by the preceding

16 paragraph, an allocation shall be made in March of each year to

17 each county that received more than $500,000 in disbursements

18 under the preceding paragraph in the preceding calendar year.

19 The allocation shall be in an amount equal to the average

20 monthly distribution made to each such county under the

21 preceding paragraph during the preceding calendar year

22 (excluding the 2 months of highest receipts). The distribution

23 made in March of each year subsequent to the year in which an

24 allocation was made pursuant to this paragraph and the

25 preceding paragraph shall be reduced by the amount allocated

26 and disbursed under this paragraph in the preceding calendar
    SB3019 Enrolled  - 325 - LRB104 20255 HLH 33706 b

1 year. The Department shall prepare and certify to the

2 Comptroller for disbursement the allocations made in

3 accordance with this paragraph.

4   (d) For the purpose of determining the local governmental

5 unit whose tax is applicable, a retail sale by a producer of

6 coal or another mineral mined in Illinois is a sale at retail

7 at the place where the coal or other mineral mined in Illinois

8 is extracted from the earth. This paragraph does not apply to

9 coal or another mineral when it is delivered or shipped by the

10 seller to the purchaser at a point outside Illinois so that the

11 sale is exempt under the United States Constitution as a sale

12 in interstate or foreign commerce.

13  (e) Nothing in this Section shall be construed to

14 authorize a county to impose a tax upon the privilege of

15 engaging in any business that under the Constitution of the

16 United States may not be made the subject of taxation by this

17 State.

18  (e-5) If a county imposes a tax under this Section, the

19 county board may, by ordinance, discontinue or lower the rate

20 of the tax. If the county board lowers the tax rate or

21 discontinues the tax, a referendum must be held in accordance

22 with subsection (a) of this Section in order to increase the

23 rate of the tax or to reimpose the discontinued tax.

24  (f) Beginning April 1, 1998 and through December 31, 2013,

25 the results of any election authorizing a proposition to

26 impose a tax under this Section or effecting a change in the
    SB3019 Enrolled  - 326 - LRB104 20255 HLH 33706 b

1 rate of tax, or any ordinance lowering the rate or

2 discontinuing the tax, shall be certified by the county clerk

3 and filed with the Illinois Department of Revenue either (i)

4 on or before the first day of April, whereupon the Department

5 shall proceed to administer and enforce the tax as of the first

6 day of July next following the filing; or (ii) on or before the

7 first day of October, whereupon the Department shall proceed

8 to administer and enforce the tax as of the first day of

9 January next following the filing.

10  Beginning January 1, 2014, the results of any election

11 authorizing a proposition to impose a tax under this Section

12 or effecting an increase in the rate of tax, along with the

13 ordinance adopted to impose the tax or increase the rate of the

14 tax, or any ordinance adopted to lower the rate or discontinue

15 the tax, shall be certified by the county clerk and filed with

16 the Illinois Department of Revenue either (i) on or before the

17 first day of May, whereupon the Department shall proceed to

18 administer and enforce the tax as of the first day of July next

19 following the adoption and filing; or (ii) on or before the

20 first day of October, whereupon the Department shall proceed

21 to administer and enforce the tax as of the first day of

22 January next following the adoption and filing.

23  (g) When certifying the amount of a monthly disbursement

24 to a county under this Section, the Department shall increase

25 or decrease the amounts by an amount necessary to offset any

26 miscalculation of previous disbursements. The offset amount
    SB3019 Enrolled  - 327 - LRB104 20255 HLH 33706 b

1 shall be the amount erroneously disbursed within the previous

2 6 months from the time a miscalculation is discovered.

3   (g-5) Every county authorized to levy a tax under this

4 Section shall, before it levies such tax, establish a 7-member

5 mental health board, which shall have the same powers and

6 duties and be constituted in the same manner as a community

7 mental health board established under the Community Mental

8 Health Act. Proceeds of the tax under this Section that are

9 earmarked for mental health or substance abuse purposes shall

10 be deposited into a special county occupation tax fund for

11 mental health and substance abuse. The 7-member mental health

12 board established under this subsection shall administer the

13 special county occupation tax fund for mental health and

14 substance abuse in the same manner as the community mental

15 health board administers the community mental health fund

16 under the Community Mental Health Act.

17  (h) This Section may be cited as the "Special County

18 Occupation Tax For Public Safety, Public Facilities, Mental

19 Health, Substance Abuse, or Transportation Law".

20  (i) For purposes of this Section, "public safety"

21 includes, but is not limited to, crime prevention, detention,

22 fire fighting, police, medical, ambulance, or other emergency

23 services. The county may share tax proceeds received under

24 this Section for public safety purposes, including proceeds

25 received before August 4, 2009 (the effective date of Public

26 Act 96-124), with any fire protection district located in the
    SB3019 Enrolled       - 328 - LRB104 20255 HLH 33706 b

1 county. For the purposes of this Section, "transportation"

2 includes, but is not limited to, the construction,

3 maintenance, operation, and improvement of public highways,

4 any other purpose for which a county may expend funds under the

5 Illinois Highway Code, and passenger rail transportation. For

6 the purposes of this Section, "public facilities purposes"

7 includes, but is not limited to, the acquisition, development,

8 construction, reconstruction, rehabilitation, improvement,

9 financing, architectural planning, and installation of capital

10 facilities consisting of buildings, structures, and durable

11 equipment and for the acquisition and improvement of real

12 property and interest in real property required, or expected

13 to be required, in connection with the public facilities, for

14 use by the county for the furnishing of governmental services

15 to its citizens, including, but not limited to, museums and

16 nursing homes.

17  (j) The Department may promulgate rules to implement

18 Public Act 95-1002 only to the extent necessary to apply the

19 existing rules for the Special County Retailers' Occupation

20 Tax for Public Safety to this new purpose for public

21 facilities.

22 (Source: P.A. 102-379, eff. 1-1-22; 102-700, eff. 4-19-22;

23 103-592, eff. 1-1-25; revised 7-7-25.)

24  (55 ILCS 5/5-1006.7)

25  Sec. 5-1006.7. School facility and resources occupation
    SB3019 Enrolled  - 329 - LRB104 20255 HLH 33706 b

1 taxes.

2   (a) In any county, a tax shall be imposed upon all persons

3 engaged in the business of selling tangible personal property,

4 other than personal property titled or registered with an

5 agency of this State's government, at retail in the county on

6 the gross receipts from the sales made in the course of

7 business to provide revenue to be used exclusively for (i)

8 school facility purposes (except as otherwise provided in this

9 Section), (ii) school resource officers and mental health

10 professionals, or (iii) school facility purposes, school

11 resource officers, and mental health professionals if a

12 proposition for the tax has been submitted to the electors of

13 that county and approved by a majority of those voting on the

14 question as provided in subsection (c). The tax under this

15 Section shall be imposed only in one-quarter percent

16 increments and may not exceed 1%.

17  This additional tax may not be imposed on tangible

18 personal property taxed at the 1% rate under the Retailers'

19 Occupation Tax Act (or at the 0% rate imposed under Public Act

20 102-700). Beginning December 1, 2019 and through December 31,

21 2020, this tax is not imposed on sales of aviation fuel unless

22 the tax revenue is expended for airport-related purposes. If

23 the county does not have an airport-related purpose to which

24 it dedicates aviation fuel tax revenue, then aviation fuel is

25 excluded from the tax. The county must comply with the

26 certification requirements for airport-related purposes under
    SB3019 Enrolled           - 330 - LRB104 20255 HLH 33706 b

1 Section 2-22 of the Retailers' Occupation Tax Act. For

2 purposes of this Section, "airport-related purposes" has the

3 meaning ascribed in Section 6z-20.2 of the State Finance Act.

4 Beginning January 1, 2021, this tax is not imposed on sales of

5 aviation fuel for so long as the revenue use requirements of 49

6 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.

7 The Department of Revenue has full power to administer and

8 enforce this subsection, to collect all taxes and penalties

9 due under this subsection, to dispose of taxes and penalties

10 so collected in the manner provided in this subsection, and to

11 determine all rights to credit memoranda arising on account of

12 the erroneous payment of a tax or penalty under this

13 subsection. The Department shall deposit all taxes and

14 penalties collected under this subsection into a special fund

15 created for that purpose.

16  In the administration of and compliance with this

17 subsection, the Department and persons who are subject to this

18 subsection (i) have the same rights, remedies, privileges,

19 immunities, powers, and duties, (ii) are subject to the same

20 conditions, restrictions, limitations, penalties, and

21 definitions of terms, and (iii) shall employ the same modes of

22 procedure as are set forth in Sections 1 through 1o, 2 through

23 2-70 (in respect to all provisions contained in those Sections

24 other than the State rate of tax), 2a through 2h, 3 (except as

25 to the disposition of taxes and penalties collected, and

26 except that the retailer's discount is not allowed for taxes
    SB3019 Enrolled  - 331 - LRB104 20255 HLH 33706 b

1 paid on aviation fuel that are subject to the revenue use

2 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5,

3 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a,

4 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

5 Occupation Tax Act and all provisions of the Uniform Penalty

6 and Interest Act as if those provisions were set forth in this

7 subsection.

8   The certificate of registration that is issued by the

9 Department to a retailer under the Retailers' Occupation Tax

10 Act permits the retailer to engage in a business that is

11 taxable without registering separately with the Department

12 under an ordinance or resolution under this subsection.

13  Persons subject to any tax imposed under the authority

14 granted in this subsection may reimburse themselves for their

15 seller's tax liability by separately stating that tax as an

16 additional charge, which may be stated in combination, in a

17 single amount, with State tax that sellers are required to

18 collect under the Use Tax Act, pursuant to any bracketed

19 schedules set forth by the Department.

20  (b) If a tax has been imposed under subsection (a), then a

21 service occupation tax must also be imposed upon all persons

22 engaged in the county in the business of making sales of

23 service, at the same rate of tax imposed under subsection (a),

24 on the selling price of all upon all persons engaged, in the

25 county, in the business of making sales of service, who, as an

26 incident to making those sales of service, transfer tangible
    SB3019 Enrolled  - 332 - LRB104 20255 HLH 33706 b

1 personal property transferred by the serviceman within the

2 county as an incident to a sale of service.

3   This tax may not be imposed on tangible personal property

4 taxed at the 1% rate under the Service Occupation Tax Act (or

5 at the 0% rate imposed under Public Act 102-700). Beginning

6 December 1, 2019 and through December 31, 2020, this tax is not

7 imposed on sales of aviation fuel unless the tax revenue is

8 expended for airport-related purposes. If the county does not

9 have an airport-related purpose to which it dedicates aviation

10 fuel tax revenue, then aviation fuel is excluded from the tax.

11 The county must comply with the certification requirements for

12 airport-related purposes under Section 2-22 of the Retailers'

13 Occupation Tax Act. For purposes of this Section,

14 "airport-related purposes" has the meaning ascribed in Section

15 6z-20.2 of the State Finance Act. Beginning January 1, 2021,

16 this tax is not imposed on sales of aviation fuel for so long

17 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

18 U.S.C. 47133 are binding on the county.

19  The tax imposed under this subsection and all civil

20 penalties that may be assessed as an incident thereof shall be

21 collected and enforced by the Department and deposited into a

22 special fund created for that purpose. The Department has full

23 power to administer and enforce this subsection, to collect

24 all taxes and penalties due under this subsection, to dispose

25 of taxes and penalties so collected in the manner provided in

26 this subsection, and to determine all rights to credit
   SB3019 Enrolled  - 333 - LRB104 20255 HLH 33706 b

1 memoranda arising on account of the erroneous payment of a tax

2 or penalty under this subsection.

3  In the administration of and compliance with this

4 subsection, the Department and persons who are subject to this

5 subsection shall (i) have the same rights, remedies,

6 privileges, immunities, powers and duties, (ii) be subject to

7 the same conditions, restrictions, limitations, penalties and

8 definition of terms, and (iii) employ the same modes of

9 procedure as are set forth in Sections 2 (except that that

10 reference to State in the definition of supplier maintaining a

11 place of business in this State means the county), 2a through

12 2d, 3 through 3-50 (in respect to all provisions contained in

13 those Sections other than the State rate of tax), 4 (except

14 that the reference to the State shall be to the county), 5, 7,

15 8 (except that the jurisdiction to which the tax is a debt to

16 the extent indicated in that Section 8 is the county), 9

17 (except as to the disposition of taxes and penalties

18 collected, and except that the retailer's discount is not

19 allowed for taxes paid on aviation fuel that are subject to the

20 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

21 47133), 10, 11, 12 (except the reference therein to Section 2b

22 of the Retailers' Occupation Tax Act), 13 (except that any

23 reference to the State means the county), 15, 16, 17, 18, 19,

24 and 20 of the Service Occupation Tax Act and all provisions of

25 the Uniform Penalty and Interest Act, as fully as if those

26 provisions were set forth herein.
    SB3019 Enrolled         - 334 - LRB104 20255 HLH 33706 b

1   Persons subject to any tax imposed under the authority

2 granted in this subsection may reimburse themselves for their

3 serviceman's tax liability by separately stating the tax as an

4 additional charge, which may be stated in combination, in a

5 single amount, with State tax that servicemen are authorized

6 to collect under the Service Use Tax Act, pursuant to any

7 bracketed schedules set forth by the Department.

8   (b-5) If, on January 1, 2025, a unit of local government

9 has in effect a tax under this Section, or if, after January 1,

10 2025, a unit of local government imposes a tax under this

11 Section, then that tax applies to leases of tangible personal

12 property in effect, entered into, or renewed on or after that

13 date in the same manner as the tax under this Section and in

14 accordance with the changes made by this amendatory Act of the

15 103rd General Assembly.

16  (c) The tax under this Section may not be imposed until the

17 question of imposing the tax has been submitted to the

18 electors of the county at a regular election and approved by a

19 majority of the electors voting on the question. For all

20 regular elections held prior to August 23, 2011 (the effective

21 date of Public Act 97-542), upon a resolution by the county

22 board or a resolution by school district boards that represent

23 at least 51% of the student enrollment within the county, the

24 county board must certify the question to the proper election

25 authority in accordance with the Election Code.

26  For all regular elections held prior to August 23, 2011
    SB3019 Enrolled  - 335 - LRB104 20255 HLH 33706 b

1 (the effective date of Public Act 97-542), the election

2 authority must submit the question in substantially the

3 following form:

4            Shall (name of county) be authorized to impose a

5   retailers' occupation tax and a service occupation tax

6   (commonly referred to as a "sales tax") at a rate of

7   (insert rate) to be used exclusively for school facility

8   purposes?

9   The election authority must record the votes as "Yes" or

10 "No".

11  If a majority of the electors voting on the question vote

12 in the affirmative, then the county may, thereafter, impose

13 the tax.

14  For all regular elections held on or after August 23, 2011

15 (the effective date of Public Act 97-542), the regional

16 superintendent of schools for the county must, upon receipt of

17 a resolution or resolutions of school district boards that

18 represent more than 50% of the student enrollment within the

19 county, certify the question to the proper election authority

20 for submission to the electors of the county at the next

21 regular election at which the question lawfully may be

22 submitted to the electors, all in accordance with the Election

23 Code.

24  For all regular elections held on or after August 23, 2011

25 (the effective date of Public Act 97-542) and before August

26 23, 2019 (the effective date of Public Act 101-455), the
    SB3019 Enrolled            - 336 - LRB104 20255 HLH 33706 b

1 election authority must submit the question in substantially

2 the following form:

3        Shall a retailers' occupation tax and a service

4   occupation tax (commonly referred to as a "sales tax") be

5   imposed in (name of county) at a rate of (insert rate) to

6   be used exclusively for school facility purposes?

7   The election authority must record the votes as "Yes" or

8 "No".

9   If a majority of the electors voting on the question vote

10 in the affirmative, then the tax shall be imposed at the rate

11 set forth in the question.

12  For all regular elections held on or after August 23, 2019

13 (the effective date of Public Act 101-455), the election

14 authority must submit the question as follows:

15       (1) If the referendum is to expand the use of revenues

16  from a currently imposed tax exclusively for school

17  facility purposes to include school resource officers and

18  mental health professionals, the question shall be in

19  substantially the following form:

20       In addition to school facility purposes, shall

21       (name of county) school districts be authorized to use

22       revenues from the tax commonly referred to as the

23       school facility sales tax that is currently imposed in

24       (name of county) at a rate of (insert rate) for school

25       resource officers and mental health professionals?

26       (2) If the referendum is to increase the rate of a tax
    SB3019 Enrolled  - 337 - LRB104 20255 HLH 33706 b

1   currently imposed exclusively for school facility purposes

2   at less than 1% and dedicate the additional revenues for

3   school resource officers and mental health professionals,

4   the question shall be in substantially the following form:

5   Shall the tax commonly referred to as the school

6   facility sales tax that is currently imposed in (name

7   of county) at the rate of (insert rate) be increased to

8   a rate of (insert rate) with the additional revenues

9   used exclusively for school resource officers and

10  mental health professionals?

11  (3) If the referendum is to impose a tax in a county

12  that has not previously imposed a tax under this Section

13  exclusively for school facility purposes, the question

14  shall be in substantially the following form:

15  Shall a retailers' occupation tax and a service

16  occupation tax (commonly referred to as a sales tax)

17  be imposed in (name of county) at a rate of (insert

18  rate) to be used exclusively for school facility

19  purposes?

20  (4) If the referendum is to impose a tax in a county

21  that has not previously imposed a tax under this Section

22  exclusively for school resource officers and mental health

23  professionals, the question shall be in substantially the

24  following form:

25  Shall a retailers' occupation tax and a service

26  occupation tax (commonly referred to as a sales tax)
    SB3019 Enrolled            - 338 - LRB104 20255 HLH 33706 b

1         be imposed in (name of county) at a rate of (insert

2         rate) to be used exclusively for school resource

3         officers and mental health professionals?

4         (5) If the referendum is to impose a tax in a county

5   that has not previously imposed a tax under this Section

6   exclusively for school facility purposes, school resource

7   officers, and mental health professionals, the question

8   shall be in substantially the following form:

9         Shall a retailers' occupation tax and a service

10        occupation tax (commonly referred to as a sales tax)

11        be imposed in (name of county) at a rate of (insert

12        rate) to be used exclusively for school facility

13        purposes, school resource officers, and mental health

14        professionals?

15  The election authority must record the votes as "Yes" or

16 "No".

17  If a majority of the electors voting on the question vote

18 in the affirmative, then the tax shall be imposed at the rate

19 set forth in the question.

20  For the purposes of this subsection (c), "enrollment"

21 means the head count of the students residing in the county on

22 the last school day of September of each year, which must be

23 reported on the Illinois State Board of Education Public

24 School Fall Enrollment/Housing Report.

25  (d) Except as otherwise provided, the Department shall

26 immediately pay over to the State Treasurer, ex officio, as
    SB3019 Enrolled  - 339 - LRB104 20255 HLH 33706 b

1 trustee, all taxes and penalties collected under this Section

2 to be deposited into the School Facility Occupation Tax Fund,

3 which shall be an unappropriated trust fund held outside the

4 State treasury. Taxes and penalties collected on aviation fuel

5 sold on or after December 1, 2019 and through December 31,

6 2020, shall be immediately paid over by the Department to the

7 State Treasurer, ex officio, as trustee, for deposit into the

8 Local Government Aviation Trust Fund. The Department shall

9 only pay moneys into the Local Government Aviation Trust Fund

10 under this Section for so long as the revenue use requirements

11 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

12 county.

13  On or before the 25th day of each calendar month, the

14 Department shall prepare and certify to the Comptroller the

15 disbursement of stated sums of money to the regional

16 superintendents of schools in counties from which retailers or

17 servicemen have paid taxes or penalties to the Department

18 during the second preceding calendar month. The amount to be

19 paid to each regional superintendent of schools and disbursed

20 to him or her in accordance with Section 3-14.31 of the School

21 Code, is equal to the amount (not including credit memoranda

22 and not including taxes and penalties collected on aviation

23 fuel sold on or after December 1, 2019 and through December 31,

24 2020) collected from the county under this Section during the

25 second preceding calendar month by the Department, (i) less 2%

26 of that amount (except the amount collected on aviation fuel
    SB3019 Enrolled  - 340 - LRB104 20255 HLH 33706 b

1 sold on or after December 1, 2019 and through December 31,

2 2020), of which 50% shall be deposited into the Tax Compliance

3 and Administration Fund and shall be used by the Department,

4 subject to appropriation, to cover the costs of the Department

5 in administering and enforcing the provisions of this Section,

6 on behalf of the county, and 50% shall be distributed to the

7 regional superintendent of schools to cover the costs in

8 administering and enforcing the provisions of this Section;

9 (ii) plus an amount that the Department determines is

10 necessary to offset any amounts that were erroneously paid to

11 a different taxing body; (iii) less an amount equal to the

12 amount of refunds made during the second preceding calendar

13 month by the Department on behalf of the county; and (iv) less

14 any amount that the Department determines is necessary to

15 offset any amounts that were payable to a different taxing

16 body but were erroneously paid to the county. When certifying

17 the amount of a monthly disbursement to a regional

18 superintendent of schools under this Section, the Department

19 shall increase or decrease the amounts by an amount necessary

20 to offset any miscalculation of previous disbursements within

21 the previous 6 months from the time a miscalculation is

22 discovered.

23  Within 10 days after receipt by the Comptroller from the

24 Department of the disbursement certification to the regional

25 superintendents of the schools provided for in this Section,

26 the Comptroller shall cause the orders to be drawn for the
    SB3019 Enrolled   - 341 - LRB104 20255 HLH 33706 b

1 respective amounts in accordance with directions contained in

2 the certification.

3   If the Department determines that a refund should be made

4 under this Section to a claimant instead of issuing a credit

5 memorandum, then the Department shall notify the Comptroller,

6 who shall cause the order to be drawn for the amount specified

7 and to the person named in the notification from the

8 Department. The refund shall be paid by the Treasurer out of

9 the School Facility Occupation Tax Fund or the Local

10 Government Aviation Trust Fund, as appropriate.

11  (e) For the purposes of determining the local governmental

12 unit whose tax is applicable, a retail sale by a producer of

13 coal or another mineral mined in Illinois is a sale at retail

14 at the place where the coal or other mineral mined in Illinois

15 is extracted from the earth. This subsection does not apply to

16 coal or another mineral when it is delivered or shipped by the

17 seller to the purchaser at a point outside Illinois so that the

18 sale is exempt under the United States Constitution as a sale

19 in interstate or foreign commerce.

20  (f) Nothing in this Section may be construed to authorize

21 a tax to be imposed upon the privilege of engaging in any

22 business that under the Constitution of the United States may

23 not be made the subject of taxation by this State.

24  (g) If a county board imposes a tax under this Section

25 pursuant to a referendum held before August 23, 2011 (the

26 effective date of Public Act 97-542) at a rate below the rate
SB3019 Enrolled  - 342 - LRB104 20255 HLH 33706 b

 1 set forth in the question approved by a majority of electors of
 2 that county voting on the question as provided in subsection
 3 (c), then the county board may, by ordinance, increase the
 4 rate of the tax up to the rate set forth in the question
 5 approved by a majority of electors of that county voting on the
 6 question as provided in subsection (c). If a county board
 7 imposes a tax under this Section pursuant to a referendum held
 8 before August 23, 2011 (the effective date of Public Act
 9 97-542), then the board may, by ordinance, discontinue or
10 reduce the rate of the tax. If a tax is imposed under this
11 Section pursuant to a referendum held on or after August 23,
12 2011 (the effective date of Public Act 97-542) and before
13 August 23, 2019 (the effective date of Public Act 101-455),
14 then the county board may reduce or discontinue the tax, but
15 only in accordance with subsection (h-5) of this Section. If a
16 tax is imposed under this Section pursuant to a referendum
17 held on or after August 23, 2019 (the effective date of Public
18 Act 101-455), then the county board may reduce or discontinue
19 the tax, but only in accordance with subsection (h-10). If,
20 however, a school board issues bonds that are secured by the
21 proceeds of the tax under this Section, then the county board
22 may not reduce the tax rate or discontinue the tax if that rate
23 reduction or discontinuance would adversely affect the school
24 board's ability to pay the principal and interest on those
25 bonds as they become due or necessitate the extension of
26 additional property taxes to pay the principal and interest on
    SB3019 Enrolled  - 343 - LRB104 20255 HLH 33706 b

1 those bonds. If the county board reduces the tax rate or

2 discontinues the tax, then a referendum must be held in

3 accordance with subsection (c) of this Section in order to

4 increase the rate of the tax or to reimpose the discontinued

5 tax.

6   Until January 1, 2014, the results of any election that

7 imposes, reduces, or discontinues a tax under this Section

8 must be certified by the election authority, and any ordinance

9 that increases or lowers the rate or discontinues the tax must

10 be certified by the county clerk and, in each case, filed with

11 the Illinois Department of Revenue either (i) on or before the

12 first day of April, whereupon the Department shall proceed to

13 administer and enforce the tax or change in the rate as of the

14 first day of July next following the filing; or (ii) on or

15 before the first day of October, whereupon the Department

16 shall proceed to administer and enforce the tax or change in

17 the rate as of the first day of January next following the

18 filing.

19  Beginning January 1, 2014, the results of any election

20 that imposes, reduces, or discontinues a tax under this

21 Section must be certified by the election authority, and any

22 ordinance that increases or lowers the rate or discontinues

23 the tax must be certified by the county clerk and, in each

24 case, filed with the Illinois Department of Revenue either (i)

25 on or before the first day of May, whereupon the Department

26 shall proceed to administer and enforce the tax or change in
    SB3019 Enrolled      - 344 - LRB104 20255 HLH 33706 b

1 the rate as of the first day of July next following the filing;

2 or (ii) on or before the first day of October, whereupon the

3 Department shall proceed to administer and enforce the tax or

4 change in the rate as of the first day of January next

5 following the filing.

6   (h) For purposes of this Section, "school facility

7 purposes" means (i) the acquisition, development,

8 construction, reconstruction, rehabilitation, improvement,

9 financing, architectural planning, and installation of capital

10 facilities consisting of buildings, structures, and durable

11 equipment and for the acquisition and improvement of real

12 property and interest in real property required, or expected

13 to be required, in connection with the capital facilities and

14 (ii) the payment of bonds or other obligations heretofore or

15 hereafter issued, including bonds or other obligations

16 heretofore or hereafter issued to refund or to continue to

17 refund bonds or other obligations issued, for school facility

18 purposes, provided that the taxes levied to pay those bonds

19 are abated by the amount of the taxes imposed under this

20 Section that are used to pay those bonds. "School facility

21 purposes" also includes fire prevention, safety, energy

22 conservation, accessibility, school security, and specified

23 repair purposes set forth under Section 17-2.11 of the School

24 Code.

25  (h-5) A county board in a county where a tax has been

26 imposed under this Section pursuant to a referendum held on or
    SB3019 Enrolled        - 345 - LRB104 20255 HLH 33706 b

1 after August 23, 2011 (the effective date of Public Act

2 97-542) and before August 23, 2019 (the effective date of

3 Public Act 101-455) may, by ordinance or resolution, submit to

4 the voters of the county the question of reducing or

5 discontinuing the tax. In the ordinance or resolution, the

6 county board shall certify the question to the proper election

7 authority in accordance with the Election Code. The election

8 authority must submit the question in substantially the

9 following form:

10  Shall the school facility retailers' occupation tax

11  and service occupation tax (commonly referred to as the

12  "school facility sales tax") currently imposed in (name of

13  county) at a rate of (insert rate) be (reduced to (insert

14  rate))(discontinued)?

15 If a majority of the electors voting on the question vote in

16 the affirmative, then, subject to the provisions of subsection

17 (g) of this Section, the tax shall be reduced or discontinued

18 as set forth in the question.

19  (h-10) A county board in a county where a tax has been

20 imposed under this Section pursuant to a referendum held on or

21 after August 23, 2019 (the effective date of Public Act

22 101-455) may, by ordinance or resolution, submit to the voters

23 of the county the question of reducing or discontinuing the

24 tax. In the ordinance or resolution, the county board shall

25 certify the question to the proper election authority in

26 accordance with the Election Code. The election authority must
    SB3019 Enrolled       - 346 - LRB104 20255 HLH 33706 b

1 submit the question in substantially the following form:

2        Shall the school facility and resources retailers'

3   occupation tax and service occupation tax (commonly

4   referred to as the school facility and resources sales

5   tax) currently imposed in (name of county) at a rate of

6   (insert rate) be (reduced to (insert rate))

7   (discontinued)?

8   The election authority must record the votes as "Yes" or

9 "No".

10  If a majority of the electors voting on the question vote

11 in the affirmative, then, subject to the provisions of

12 subsection (g) of this Section, the tax shall be reduced or

13 discontinued as set forth in the question.

14  (i) This Section does not apply to Cook County.

15  (j) This Section may be cited as the County School

16 Facility and Resources Occupation Tax Law.

17 (Source: P.A. 102-700, eff. 4-19-22; 102-1062, eff. 7-1-22;

18 103-154, eff. 6-30-23; 103-592, eff. 1-1-25.)

19  (55 ILCS 5/5-1006.8)

20  Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax

21 Law.

22  (a) This Section may be referred to as the County Cannabis

23 Retailers' Occupation Tax Law. The corporate authorities of

24 any county may, by ordinance, impose a tax upon all persons

25 engaged in the business of selling cannabis, other than
SB3019 Enrolled  - 347 - LRB104 20255 HLH 33706 b

 1 cannabis purchased under the Compassionate Use of Medical
 2 Cannabis Program Act, at retail in the county on the gross
 3 receipts from these sales made in the course of that business.
 4 If imposed, the tax shall be imposed only in 0.25% increments.
 5 The tax rate may not exceed: (i) 3.75% of the gross receipts of
 6 sales made in unincorporated areas of the county; and (ii) 3%
 7 of the gross receipts of sales made in a municipality located
 8 in the county. The tax imposed under this Section and all civil
 9 penalties that may be assessed as an incident of the tax shall
10 be collected and enforced by the Department of Revenue. The
11 Department of Revenue shall have full power to administer and
12 enforce this Section; to collect all taxes and penalties due
13 hereunder; to dispose of taxes and penalties so collected in
14 the manner hereinafter provided; and to determine all rights
15 to credit memoranda arising on account of the erroneous
16 payment of tax or penalty under this Section. In the
17 administration of and compliance with this Section, the
18 Department of Revenue and persons who are subject to this
19 Section shall have the same rights, remedies, privileges,
20 immunities, powers and duties, and be subject to the same
21 conditions, restrictions, limitations, penalties, and
22 definitions of terms, and employ the same modes of procedure,
23 as are described in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
24 1n, 2 through 2-65 (in respect to all provisions therein other
25 than the State rate of tax), 2a, 2b, 2c, 2i, 3 (except as to
26 the disposition of taxes and penalties collected), 4, 5, 5a,
    SB3019 Enrolled  - 348 - LRB104 20255 HLH 33706 b

1 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b

2 6bb, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

3 Occupation Tax Act and Section 3-7 of the Uniform Penalty and

4 Interest Act as fully as if those provisions were set forth in

5 this Section.

6   (b) Persons subject to any tax imposed under the authority

7 granted in this Section may reimburse themselves for their

8 seller's tax liability hereunder by separately stating that

9 tax as an additional charge, which charge may be stated in

10 combination, in a single amount, with any State tax that

11 sellers are required to collect.

12  (c) Whenever the Department of Revenue determines that a

13 refund should be made under this Section to a claimant instead

14 of issuing a credit memorandum, the Department of Revenue

15 shall notify the State Comptroller, who shall cause the order

16 to be drawn for the amount specified and to the person named in

17 the notification from the Department of Revenue.

18  (d) The Department of Revenue shall immediately pay over

19 to the State Treasurer, ex officio, as trustee, all taxes and

20 penalties collected hereunder for deposit into the Local

21 Cannabis Retailers' Occupation Tax Trust Fund.

22  (e) On or before the 25th day of each calendar month, the

23 Department of Revenue shall prepare and certify to the

24 Comptroller the amount of money to be disbursed from the Local

25 Cannabis Retailers' Occupation Tax Trust Fund to counties from

26 which retailers have paid taxes or penalties under this
    SB3019 Enrolled       - 349 - LRB104 20255 HLH 33706 b

1 Section during the second preceding calendar month. The amount

2 to be paid to each county shall be the amount (not including

3 credit memoranda) collected under this Section from sales made

4 in the county during the second preceding calendar month, plus

5 an amount the Department of Revenue determines is necessary to

6 offset any amounts that were erroneously paid to a different

7 taxing body, and not including an amount equal to the amount of

8 refunds made during the second preceding calendar month by the

9 Department on behalf of such county, and not including any

10 amount that the Department determines is necessary to offset

11 any amounts that were payable to a different taxing body but

12 were erroneously paid to the county, less 1.5% of the

13 remainder, which the Department shall transfer into the Tax

14 Compliance and Administration Fund. The Department, at the

15 time of each monthly disbursement to the counties, shall

16 prepare and certify the State Comptroller the amount to be

17 transferred into the Tax Compliance and Administration Fund

18 under this Section. Within 10 days after receipt by the

19 Comptroller of the disbursement certification to the counties

20 and the Tax Compliance and Administration Fund provided for in

21 this Section to be given to the Comptroller by the Department,

22 the Comptroller shall cause the orders to be drawn for the

23 respective amounts in accordance with the directions contained

24 in the certification.

25  (f) An ordinance or resolution imposing or discontinuing a

26 tax under this Section or effecting a change in the rate
    SB3019 Enrolled  - 350 - LRB104 20255 HLH 33706 b

1 thereof that is adopted on or after June 25, 2019 (the

2 effective date of Public Act 101-27) and for which a certified

3 copy is filed with the Department on or before April 1, 2020

4 shall be administered and enforced by the Department beginning

5 on July 1, 2020. For ordinances filed with the Department

6 after April 1, 2020, an ordinance or resolution imposing or

7 discontinuing a tax under this Section or effecting a change

8 in the rate thereof shall either (i) be adopted and a certified

9 copy thereof filed with the Department on or before the first

10 day of April, whereupon the Department shall proceed to

11 administer and enforce this Section as of the first day of July

12 next following the adoption and filing; or (ii) be adopted and

13 a certified copy thereof filed with the Department on or

14 before the first day of October, whereupon the Department

15 shall proceed to administer and enforce this Section as of the

16 first day of January next following the adoption and filing.

17  (g) Notwithstanding any provision in this Section to the

18 contrary, if an ordinance or resolution imposing a tax under

19 this Section was adopted on or before October 1, 2020 and a

20 certified copy thereof was filed with the Department of

21 Revenue on or before November 1, 2020, then the Department

22 shall proceed to administer and enforce this Section as of May

23 1, 2021 for such ordinances or resolutions.

24 (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19;

25 101-593, eff. 12-4-19; 102-2, eff. 4-2-21.)
    SB3019 Enrolled       - 351 - LRB104 20255 HLH 33706 b

1   (55 ILCS 5/5-1006.9)

2   Sec. 5-1006.9. County Grocery Occupation Tax Law.

3   (a) The corporate authorities of any county may, by

4 ordinance or resolution that takes effect on or after January

5 1, 2026, impose a tax upon all persons engaged in the business

6 of selling groceries at retail in the county, but outside of

7 any municipality, on the gross receipts from those sales made

8 in the course of that business. If imposed, the tax shall be at

9 the rate of 1% of the gross receipts from these sales.

10  The tax imposed by a county under this subsection and all

11 civil penalties that may be assessed as an incident of the tax

12 shall be collected and enforced by the Department. The

13 certificate of registration that is issued by the Department

14 to a retailer under the Retailers' Occupation Tax Act shall

15 permit the retailer to engage in a business that is taxable

16 under any ordinance or resolution enacted under this

17 subsection without registering separately with the Department

18 under that ordinance or resolution or under this subsection.

19  The Department shall have full power to administer and

20 enforce this subsection; to collect all taxes and penalties

21 due under this subsection; to dispose of taxes and penalties

22 so collected in the manner provided in this Section and under

23 rules adopted by the Department; and to determine all rights

24 to credit memoranda arising on account of the erroneous

25 payment of tax or penalty under this subsection.

26  In the administration of, and compliance with, this
    SB3019 Enrolled  - 352 - LRB104 20255 HLH 33706 b

1 subsection, the Department and persons who are subject to this

2 subsection shall have the same rights, remedies, privileges,

3 immunities, powers, and duties, and be subject to the same

4 conditions, restrictions, limitations, penalties and

5 definitions of terms, and employ the same modes of procedure,

6 as are prescribed in Sections 1, 2 through 2-65 (in respect to

7 all provisions therein other than the State rate of tax and

8 other than the exemption for food for human consumption that

9 is to be consumed off the premises where it is sold (other than

10 alcoholic liquor taxable under Section 8-1 of the Liquor

11 Control Act of 1934 beverages, food consisting of or infused

12 with adult use cannabis, soft drinks, candy, and food that has

13 been prepared for immediate consumption), which is authorized

14 to be taxed as provided in this subsection), 2c, 3 (except as

15 to the disposition of taxes and penalties collected), 4, 5,

16 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

17 10, 11, 11a, 12 and 13 of the Retailers' Occupation Tax Act and

18 all of the Uniform Penalty and Interest Act, as fully as if

19 those provisions were set forth in this Section.

20  Persons subject to any tax imposed under the authority

21 granted in this subsection may reimburse themselves for their

22 seller's tax liability hereunder by separately stating that

23 tax as an additional charge, which charge may be stated in

24 combination, in a single amount, with State tax that sellers

25 are required to collect under the Use Tax Act, pursuant to such

26 bracket schedules as the Department may prescribe.
    SB3019 Enrolled  - 353 - LRB104 20255 HLH 33706 b

1   (b) If a tax has been imposed under subsection (a), then a

2 service occupation tax must also be imposed at the same rate

3 upon all persons engaged, in the county but outside of a

4 municipality, in the business of making sales of service, at

5 the same rate of tax imposed under subsection (a), on the

6 selling price of all who, as an incident to making those sales

7 of service, transfer groceries, as defined in this Section,

8 transferred by the serviceman as an incident to a sale of

9 service.

10  The tax imposed under this subsection and all civil

11 penalties that may be assessed as an incident thereof shall be

12 collected and enforced by the Department. The certificate of

13 registration that is issued by the Department to a retailer

14 under the Retailers' Occupation Tax Act or the Service

15 Occupation Tax Act shall permit the registrant to engage in a

16 business that is taxable under any ordinance or resolution

17 enacted pursuant to this subsection without registering

18 separately with the Department under the ordinance or

19 resolution or under this subsection.

20  The Department shall have full power to administer and

21 enforce this subsection, to collect all taxes and penalties

22 due under this subsection, to dispose of taxes and penalties

23 so collected in the manner provided in this Section and under

24 rules adopted by the Department, and to determine all rights

25 to credit memoranda arising on account of the erroneous

26 payment of a tax or penalty under this subsection.
   SB3019 Enrolled  - 354 - LRB104 20255 HLH 33706 b

1  In the administration of and compliance with this

2 subsection, the Department and persons who are subject to this

3 subsection shall have the same rights, remedies, privileges,

4 immunities, powers and duties, and be subject to the same

5 conditions, restrictions, limitations, penalties and

6 definitions of terms, and employ the same modes of procedure

7 as are set forth in Sections 2, 2c, 3 through 3-50 (in respect

8 to all provisions contained in those Sections other than: (i)

9 the State rate of tax; (ii) the exemption for food for human

10 consumption that is to be consumed off the premises where it is

11 sold (other than alcoholic liquor taxable under Section 8-1 of

12 the Liquor Control Act of 1934 beverages, food consisting of

13 or infused with adult use cannabis, soft drinks, candy, and

14 food that has been prepared for immediate consumption), which

15 is authorized to be taxed as provided in this subsection; and

16 (iii) the exemption for food prepared for immediate

17 consumption and transferred incident to a sale of service

18 subject to the Service Occupation Tax Act or the Service Use

19 Tax Act by an entity licensed under the Hospital Licensing

20 Act, the Nursing Home Care Act, the Assisted Living and Shared

21 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

22 Specialized Mental Health Rehabilitation Act of 2013, or the

23 Child Care Act of 1969, or an entity that holds a permit issued

24 pursuant to the Life Care Facilities Act, which is authorized

25 to be taxed as provided in this subsection), 4, 5, 7, 8, 9

26 (except as to the disposition of taxes and penalties
    SB3019 Enrolled           - 355 - LRB104 20255 HLH 33706 b

1 collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the

2 Service Occupation Tax Act and all provisions of the Uniform

3 Penalty and Interest Act, as fully as if those provisions were

4 set forth in this Section.

5   Persons subject to any tax imposed under the authority

6 granted in this subsection may reimburse themselves for their

7 serviceman's tax liability by separately stating the tax as an

8 additional charge, which may be stated in combination, in a

9 single amount, with State tax that servicemen are authorized

10 to collect under the Service Use Tax Act, pursuant to any

11 bracketed schedules set forth by the Department.

12  (c) The Department shall immediately pay over to the State

13 Treasurer, ex officio, as trustee, all taxes and penalties

14 collected under this Section. Those taxes and penalties shall

15 be deposited into the County Grocery Tax Trust Fund, a trust

16 fund created in the State treasury. Except as otherwise

17 provided in this Section, moneys in the County Grocery Tax

18 Trust Fund shall be used to make payments to counties and for

19 the payment of refunds under this Section.

20  Moneys deposited into the County Grocery Tax Trust Fund

21 under this Section are not subject to appropriation and shall

22 be used as provided in this Section. All deposits into the

23 County Grocery Tax Trust Fund shall be held in the County

24 Grocery Tax Trust Fund by the State Treasurer, ex officio, as

25 trustee separate and apart from all public moneys or funds of

26 this State.
    SB3019 Enrolled  - 356 - LRB104 20255 HLH 33706 b

1   Whenever the Department determines that a refund should be

2 made under this Section to a claimant instead of issuing a

3 credit memorandum, the Department shall notify the State

4 Comptroller, who shall cause the order to be drawn for the

5 amount specified and to the person named in the notification

6 from the Department. The refund shall be paid by the State

7 Treasurer out of the County Grocery Tax Trust Fund.

8   (d) As soon as possible after the first day of each month,

9 upon certification of the Department, the Comptroller shall

10 order transferred, and the Treasurer shall transfer, to the

11 STAR Bonds Revenue Fund the local sales tax increment, if any,

12 as defined in the Innovation Development and Economy Act,

13 collected under this Section.

14  After the monthly transfer to the STAR Bonds Revenue Fund,

15 if any, on or before the 25th day of each calendar month, the

16 Department shall prepare and certify to the Comptroller the

17 disbursement of stated sums of money to named counties, the

18 counties to be those from which retailers have paid taxes or

19 penalties under this Section to the Department during the

20 second preceding calendar month. The amount to be paid to each

21 county shall be the amount (not including credit memoranda)

22 collected under this Section during the second preceding

23 calendar month by the Department plus an amount the Department

24 determines is necessary to offset any amounts that were

25 erroneously paid to a different taxing body, and not including

26 an amount equal to the amount of refunds made during the second
    SB3019 Enrolled  - 357 - LRB104 20255 HLH 33706 b

1 preceding calendar month by the Department on behalf of such

2 county, and not including any amount that the Department

3 determines is necessary to offset any amounts that were

4 payable to a different taxing body but were erroneously paid

5 to the county, and not including any amounts that are

6 transferred to the STAR Bonds Revenue Fund. Within 10 days

7 after receipt by the Comptroller of the disbursement

8 certification to the counties provided for in this Section to

9 be given to the Comptroller by the Department, the Comptroller

10 shall cause the orders to be drawn for the amounts in

11 accordance with the directions contained in the certification.

12  (e) Nothing in this Section shall be construed to

13 authorize a county to impose a tax upon the privilege of

14 engaging in any business which under the Constitution of the

15 United States may not be made the subject of taxation by this

16 State.

17  (f) Except as otherwise provided in this subsection, an

18 ordinance or resolution imposing or discontinuing the tax

19 hereunder or effecting a change in the rate thereof shall

20 either (i) be adopted and a certified copy thereof filed with

21 the Department on or before the first day of April, whereupon

22 the Department shall proceed to administer and enforce this

23 Section as of the first day of July next following the adoption

24 and filing, or (ii) be adopted and a certified copy thereof

25 filed with the Department on or before the first day of

26 October, whereupon the Department shall proceed to administer
    SB3019 Enrolled        - 358 - LRB104 20255 HLH 33706 b

1 and enforce this Section as of the first day of January next

2 following the adoption and filing.

3   (g) When certifying the amount of a monthly disbursement

4 to a county under this Section, the Department shall increase

5 or decrease the amount by an amount necessary to offset any

6 misallocation of previous disbursements. The offset amount

7 shall be the amount erroneously disbursed within the previous

8 6 months from the time a misallocation is discovered.

9   (h) As used in this Section, "Department" means the

10 Department of Revenue.

11  For purposes of the tax authorized to be imposed under

12 subsection (a), "groceries" has the same meaning as "food for

13 human consumption that is to be consumed off the premises

14 where it is sold (other than alcoholic liquor taxable under

15 Section 8-1 of the Liquor Control Act of 1934 beverages, food

16 consisting of or infused with adult use cannabis, soft drinks,

17 candy, and food that has been prepared for immediate

18 consumption)", as further defined in Section 2-10 of the

19 Retailers' Occupation Tax Act.

20  For purposes of the tax authorized to be imposed under

21 subsection (b), "groceries" has the same meaning as "food for

22 human consumption that is to be consumed off the premises

23 where it is sold (other than alcoholic liquor taxable under

24 Section 8-1 of the Liquor Control Act of 1934 beverages, food

25 consisting of or infused with adult use cannabis, soft drinks,

26 candy, and food that has been prepared for immediate
    SB3019 Enrolled            - 359 - LRB104 20255 HLH 33706 b

1 consumption)", as further defined in Section 3-10 of the

2 Service Occupation Tax Act.

3   For purposes of the tax authorized to be imposed under

4 subsection (b), "groceries" also means food prepared for

5 immediate consumption and transferred incident to a sale of

6 service subject to the Service Occupation Tax Act or the

7 Service Use Tax Act by an entity licensed under the Hospital

8 Licensing Act, the Nursing Home Care Act, the Assisted Living

9 and Shared Housing Act, the ID/DD Community Care Act, the

10 MC/DD Act, the Specialized Mental Health Rehabilitation Act of

11 2013, or the Child Care Act of 1969, or an entity that holds a

12 permit issued pursuant to the Life Care Facilities Act.

13  (i) This Section may be referred to as the County Grocery

14 Occupation Tax Law.

15 (Source: P.A. 103-781, eff. 8-5-24; 104-6, eff. 1-1-26.)

16  (55 ILCS 5/5-1008.5)

17  Sec. 5-1008.5. Use and occupation taxes.

18  (a) The Rock Island County Board may adopt a resolution

19 that authorizes a referendum on the question of whether the

20 county shall be authorized to impose a retailers' occupation

21 tax, a service occupation tax, and a use tax at a rate of 1/4

22 of 1% on behalf of the economic development activities of Rock

23 Island County and communities located within the county. The

24 county board shall certify the question to the proper election

25 authorities who shall submit the question to the voters of the
    SB3019 Enrolled  - 360 - LRB104 20255 HLH 33706 b

1 county at the next regularly scheduled election in accordance

2 with the general election law. The question shall be in

3 substantially the following form:

4   Shall Rock Island County be authorized to impose a

5   retailers' occupation tax, a service occupation tax, and a

6   use tax at the rate of 1/4 of 1% for the sole purpose of

7   economic development activities, including creation and

8   retention of job opportunities, support of affordable

9   housing opportunities, and enhancement of quality of life

10  improvements?

11  Votes shall be recorded as "yes" or "no". If a majority of

12 all votes cast on the proposition are in favor of the

13 proposition, the county is authorized to impose the tax.

14  (b) The county shall impose the retailers' occupation tax

15 upon all persons engaged in the business of selling tangible

16 personal property at retail in the county, at the rate

17 approved by referendum, on the gross receipts from the sales

18 made in the course of those businesses within the county. This

19 additional tax may not be imposed on tangible personal

20 property taxed at the 1% rate under the Retailers' Occupation

21 Tax Act. Beginning December 1, 2019, this tax is not imposed on

22 sales of aviation fuel unless the tax revenue is expended for

23 airport-related purposes. If the county does not have an

24 airport-related purpose to which it dedicates aviation fuel

25 tax revenue, then aviation fuel is excluded from the tax. The

26 county must comply with the certification requirements for
SB3019 Enrolled  - 361 - LRB104 20255 HLH 33706 b

 1 airport-related purposes under Section 2-22 of the Retailers'
 2 Occupation Tax Act. For purposes of this Section,
 3 "airport-related purposes" has the meaning ascribed in Section
 4 6z-20.2 of the State Finance Act. This exclusion for aviation
 5 fuel only applies for so long as the revenue use requirements
 6 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 7 county. The tax imposed under this Section and all civil
 8 penalties that may be assessed as an incident of the tax shall
 9 be collected and enforced by the Department of Revenue. The
10 Department has full power to administer and enforce this
11 Section; to collect all taxes and penalties so collected in
12 the manner provided in this Section; and to determine all
13 rights to credit memoranda arising on account of the erroneous
14 payment of tax or penalty under this Section. In the
15 administration of, and compliance with, this Section, the
16 Department and persons who are subject to this Section shall
17 (i) have the same rights, remedies, privileges, immunities,
18 powers and duties, (ii) be subject to the same conditions,
19 restrictions, limitations, penalties, exclusions, exemptions,
20 and definitions of terms, and (iii) employ the same modes of
21 procedure as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
22 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect to
23 all provisions other than the State rate of tax), 2-15 through
24 2-70, 2a, 2b, 2c, 3 (except as to the disposition of taxes and
25 penalties collected and provisions related to quarter monthly
26 payments, and except that the retailer's discount is not
    SB3019 Enrolled  - 362 - LRB104 20255 HLH 33706 b

1 allowed for taxes paid on aviation fuel that are subject to the

2 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

3 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 5m,

4 5n, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the

5 Retailers' Occupation Tax Act and Section 3-7 of the Uniform

6 Penalty and Interest Act, as fully as if those provisions were

7 set forth in this subsection.

8   Persons subject to any tax imposed under this subsection

9 may reimburse themselves for their seller's tax liability by

10 separately stating the tax as an additional charge, which

11 charge may be stated in combination, in a single amount, with

12 State taxes that sellers are required to collect, in

13 accordance with bracket schedules prescribed by the

14 Department.

15  Whenever the Department determines that a refund should be

16 made under this subsection to a claimant instead of issuing a

17 credit memorandum, the Department shall notify the State

18 Comptroller, who shall cause the warrant to be drawn for the

19 amount specified, and to the person named, in the notification

20 from the Department. The refund shall be paid by the State

21 Treasurer out of the tax fund referenced under paragraph (g)

22 of this Section or the Local Government Aviation Trust Fund,

23 as appropriate.

24  If a tax is imposed under this subsection (b), a tax shall

25 also be imposed at the same rate under subsections (c) and (d)

26 of this Section.
    SB3019 Enrolled  - 363 - LRB104 20255 HLH 33706 b

1   For the purpose of determining whether a tax authorized

2 under this Section is applicable, a retail sale, by a producer

3 of coal or another mineral mined in Illinois, is a sale at

4 retail at the place where the coal or other mineral mined in

5 Illinois is extracted from the earth. This paragraph does not

6 apply to coal or another mineral when it is delivered or

7 shipped by the seller to the purchaser at a point outside

8 Illinois so that the sale is exempt under the federal

9 Constitution as a sale in interstate or foreign commerce.

10  Nothing in this Section shall be construed to authorize

11 the county to impose a tax upon the privilege of engaging in

12 any business that under the Constitution of the United States

13 may not be made the subject of taxation by this State.

14  (c) If a tax has been imposed under subsection (b), a

15 service occupation tax shall also be imposed at the same rate

16 upon all persons engaged, in the county, in the business of

17 making sales of service, who, as an incident to making those

18 sales of service, transfer tangible personal property within

19 the county as an incident to a sale of service. This additional

20 tax may not be imposed on tangible personal property taxed at

21 the 1% rate under the Service Occupation Tax Act. Beginning

22 December 1, 2019, this tax is not imposed on sales of aviation

23 fuel unless the tax revenue is expended for airport-related

24 purposes. If the county does not have an airport-related

25 purpose to which it dedicates aviation fuel tax revenue, then

26 aviation fuel is excluded from the tax. The county must comply
SB3019 Enrolled  - 364 - LRB104 20255 HLH 33706 b

 1 with the certification requirements for airport-related
 2 purposes under Section 2-22 of the Retailers' Occupation Tax
 3 Act. For purposes of this Section, "airport-related purposes"
 4 has the meaning ascribed in Section 6z-20.2 of the State
 5 Finance Act. This exclusion for aviation fuel only applies for
 6 so long as the revenue use requirements of 49 U.S.C. 47107(b)
 7 and 49 U.S.C. 47133 are binding on the county. The tax imposed
 8 under this subsection and all civil penalties that may be
 9 assessed as an incident of the tax shall be collected and
10 enforced by the Department of Revenue. The Department has full
11 power to administer and enforce this paragraph; to collect all
12 taxes and penalties due under this Section; to dispose of
13 taxes and penalties so collected in the manner provided in
14 this Section; and to determine all rights to credit memoranda
15 arising on account of the erroneous payment of tax or penalty
16 under this Section. In the administration of, and compliance
17 with this paragraph, the Department and persons who are
18 subject to this paragraph shall (i) have the same rights,
19 remedies, privileges, immunities, powers, and duties, (ii) be
20 subject to the same conditions, restrictions, limitations,
21 penalties, exclusions, exemptions, and definitions of terms,
22 and (iii) employ the same modes of procedure as are prescribed
23 in Sections 2 (except that the reference to State in the
24 definition of supplier maintaining a place of business in this
25 State shall mean the county), 2a, 2b, 3 through 3-55 (in
26 respect to all provisions other than the State rate of tax), 4
    SB3019 Enrolled  - 365 - LRB104 20255 HLH 33706 b

1 (except that the reference to the State shall be to the

2 county), 5, 7, 8 (except that the jurisdiction to which the tax

3 shall be a debt to the extent indicated in that Section 8 shall

4 be the county), 9 (except as to the disposition of taxes and

5 penalties collected, and except that the returned merchandise

6 credit for this tax may not be taken against any State tax, and

7 except that the retailer's discount is not allowed for taxes

8 paid on aviation fuel that are subject to the revenue use

9 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 11,

10 12 (except the reference to Section 2b of the Retailers'

11 Occupation Tax Act), 13 (except that any reference to the

12 State shall mean the county), 15, 16, 17, 18, 19 and 20 of the

13 Service Occupation Tax Act and Section 3-7 of the Uniform

14 Penalty and Interest Act, as fully as if those provisions were

15 set forth in this subsection.

16  Persons subject to any tax imposed under the authority

17 granted in this subsection may reimburse themselves for their

18 serviceman's tax liability by separately stating the tax as an

19 additional charge, which charge may be stated in combination,

20 in a single amount, with State tax that servicemen are

21 authorized to collect under the Service Use Tax Act, in

22 accordance with bracket schedules prescribed by the

23 Department.

24  Whenever the Department determines that a refund should be

25 made under this subsection to a claimant instead of issuing a

26 credit memorandum, the Department shall notify the State
    SB3019 Enrolled         - 366 - LRB104 20255 HLH 33706 b

1 Comptroller, who shall cause the warrant to be drawn for the

2 amount specified, and to the person named, in the notification

3 from the Department. The refund shall be paid by the State

4 Treasurer out of the tax fund referenced under paragraph (g)

5 of this Section or the Local Government Aviation Trust Fund,

6 as appropriate.

7   Nothing in this paragraph shall be construed to authorize

8 the county to impose a tax upon the privilege of engaging in

9 any business that under the Constitution of the United States

10 may not be made the subject of taxation by the State.

11  (c-5) If, on January 1, 2025, a unit of local government

12 has in effect a tax under this Section, or if, after January 1,

13 2025, a unit of local government imposes a tax under this

14 Section, then that tax applies to leases of tangible personal

15 property in effect, entered into, or renewed on or after that

16 date in the same manner as the tax under this Section and in

17 accordance with the changes made by this amendatory Act of the

18 103rd General Assembly.

19  (d) If a tax has been imposed under subsection (b), a use

20 tax shall also be imposed at the same rate upon the privilege

21 of using, in the county, any item of tangible personal

22 property that is purchased outside the county at retail from a

23 retailer, and that is titled or registered at a location

24 within the county with an agency of this State's government.

25 "Selling price" is defined as in the Use Tax Act. The tax shall

26 be collected from persons whose Illinois address for titling
    SB3019 Enrolled        - 367 - LRB104 20255 HLH 33706 b

1 or registration purposes is given as being in the county. The

2 tax shall be collected by the Department of Revenue for the

3 county. The tax must be paid to the State, or an exemption

4 determination must be obtained from the Department of Revenue,

5 before the title or certificate of registration for the

6 property may be issued. The tax or proof of exemption may be

7 transmitted to the Department by way of the State agency with

8 which, or the State officer with whom, the tangible personal

9 property must be titled or registered if the Department and

10 the State agency or State officer determine that this

11 procedure will expedite the processing of applications for

12 title or registration.

13  The Department has full power to administer and enforce

14 this paragraph; to collect all taxes, penalties, and interest

15 due under this Section; to dispose of taxes, penalties, and

16 interest so collected in the manner provided in this Section;

17 and to determine all rights to credit memoranda or refunds

18 arising on account of the erroneous payment of tax, penalty,

19 or interest under this Section. In the administration of, and

20 compliance with, this subsection, the Department and persons

21 who are subject to this paragraph shall (i) have the same

22 rights, remedies, privileges, immunities, powers, and duties,

23 (ii) be subject to the same conditions, restrictions,

24 limitations, penalties, exclusions, exemptions, and

25 definitions of terms, and (iii) employ the same modes of

26 procedure as are prescribed in Sections 2 (except the
    SB3019 Enrolled  - 368 - LRB104 20255 HLH 33706 b

1 definition of "retailer maintaining a place of business in

2 this State"), 3, 3-5, 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a,

3 4, 6, 7, 8 (except that the jurisdiction to which the tax shall

4 be a debt to the extent indicated in that Section 8 shall be

5 the county), 9 (except provisions relating to quarter monthly

6 payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19, 20, 21, and 22

7 of the Use Tax Act and Section 3-7 of the Uniform Penalty and

8 Interest Act, that are not inconsistent with this paragraph,

9 as fully as if those provisions were set forth in this

10 subsection.

11  Whenever the Department determines that a refund should be

12 made under this subsection to a claimant instead of issuing a

13 credit memorandum, the Department shall notify the State

14 Comptroller, who shall cause the order to be drawn for the

15 amount specified, and to the person named, in the notification

16 from the Department. The refund shall be paid by the State

17 Treasurer out of the tax fund referenced under paragraph (g)

18 of this Section.

19  (e) A certificate of registration issued by the State

20 Department of Revenue to a retailer under the Retailers'

21 Occupation Tax Act or under the Service Occupation Tax Act

22 shall permit the registrant to engage in a business that is

23 taxed under the tax imposed under paragraphs (b), (c), or (d)

24 of this Section and no additional registration shall be

25 required. A certificate issued under the Use Tax Act or the

26 Service Use Tax Act shall be applicable with regard to any tax
    SB3019 Enrolled      - 369 - LRB104 20255 HLH 33706 b

1 imposed under paragraph (c) of this Section.

2   (f) The results of any election authorizing a proposition

3 to impose a tax under this Section or effecting a change in the

4 rate of tax shall be certified by the proper election

5 authorities and filed with the Illinois Department on or

6 before the first day of October. In addition, an ordinance

7 imposing, discontinuing, or effecting a change in the rate of

8 tax under this Section shall be adopted and a certified copy of

9 the ordinance filed with the Department on or before the first

10 day of October. After proper receipt of the certifications,

11 the Department shall proceed to administer and enforce this

12 Section as of the first day of January next following the

13 adoption and filing.

14  (g) Except as otherwise provided in paragraph (g-2), the

15 Department of Revenue shall, upon collecting any taxes and

16 penalties as provided in this Section, pay the taxes and

17 penalties over to the State Treasurer as trustee for the

18 county. The taxes and penalties shall be held in a trust fund

19 outside the State Treasury. On or before the 25th day of each

20 calendar month, the Department of Revenue shall prepare and

21 certify to the Comptroller of the State of Illinois the amount

22 to be paid to the county, which shall be the balance in the

23 fund, less any amount determined by the Department to be

24 necessary for the payment of refunds. Within 10 days after

25 receipt by the Comptroller of the certification of the amount

26 to be paid to the county, the Comptroller shall cause an order
    SB3019 Enrolled         - 370 - LRB104 20255 HLH 33706 b

1 to be drawn for payment for the amount in accordance with the

2 directions contained in the certification. Amounts received

3 from the tax imposed under this Section shall be used only for

4 the economic development activities of the county and

5 communities located within the county.

6   (g-2) Taxes and penalties collected on aviation fuel sold

7 on or after December 1, 2019, shall be immediately paid over by

8 the Department to the State Treasurer, ex officio, as trustee,

9 for deposit into the Local Government Aviation Trust Fund. The

10 Department shall only pay moneys into the Local Government

11 Aviation Trust Fund under this Section for so long as the

12 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

13 47133 are binding on the county.

14  (h) When certifying the amount of a monthly disbursement

15 to the county under this Section, the Department shall

16 increase or decrease the amounts by an amount necessary to

17 offset any miscalculation of previous disbursements. The

18 offset amount shall be the amount erroneously disbursed within

19 the previous 6 months from the time a miscalculation is

20 discovered.

21  (i) This Section may be cited as the Rock Island County Use

22 and Occupation Tax Law.

23 (Source: P.A. 103-592, eff. 1-1-25.)

24  (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)

25  Sec. 5-12001. Authority to regulate and restrict location
SB3019 Enrolled  - 371 - LRB104 20255 HLH 33706 b

 1 and use of structures. For the purpose of promoting the public
 2 health, safety, morals, comfort and general welfare,
 3 conserving the values of property throughout the county,
 4 lessening or avoiding congestion in the public streets and
 5 highways, and lessening or avoiding the hazards to persons and
 6 damage to property resulting from the accumulation or runoff
 7 of storm or flood waters, the county board or board of county
 8 commissioners, as the case may be, of each county, shall have
 9 the power to regulate and restrict the location and use of
10 buildings, structures and land for trade, industry, residence
11 and other uses which may be specified by such board, to
12 regulate and restrict the intensity of such uses, to establish
13 building or setback lines on or along any street, trafficway,
14 drive, parkway or storm or floodwater runoff channel or basin
15 outside the limits of cities, villages and incorporated towns
16 which have in effect municipal zoning ordinances; to divide
17 the entire county outside the limits of such cities, villages
18 and incorporated towns into districts of such number, shape,
19 area and of such different classes, according to the use of
20 land and buildings, the intensity of such use (including
21 height of buildings and structures and surrounding open space)
22 and other classification as may be deemed best suited to carry
23 out the purposes of this Division; to prohibit uses, buildings
24 or structures incompatible with the character of such
25 districts respectively; and to prevent additions to and
26 alteration or remodeling of existing buildings or structures
    SB3019 Enrolled  - 372 - LRB104 20255 HLH 33706 b

1 in such a way as to avoid the restrictions and limitations

2 lawfully imposed hereunder: Provided, that permits with

3 respect to the erection, maintenance, repair, alteration,

4 remodeling or extension of buildings or structures used or to

5 be used for agricultural purposes shall be issued free of any

6 charge. The corporate authorities of the county may by

7 ordinance require the construction of fences around or

8 protective covers over previously constructed artificial

9 basins of water dug in the ground and used for swimming or

10 wading, which are located on private residential property and

11 intended for the use of the owner and guests. In all ordinances

12 or resolutions passed under the authority of this Division,

13 due allowance shall be made for existing conditions, the

14 conservation of property values, the directions of building

15 development to the best advantage of the entire county, and

16 the uses to which property is devoted at the time of the

17 enactment of any such ordinance or resolution.

18  The powers by this Division given shall not be exercised

19 so as to deprive the owner of any existing property of its use

20 or maintenance for the purpose to which it is then lawfully

21 devoted, but provisions may be made for (i) the gradual

22 elimination of the uses of unimproved lands or lot areas when

23 the existing rights of the persons in possession are

24 terminated or when the uses to which they are devoted are

25 discontinued, (ii) the gradual elimination of uses to which

26 the buildings and structures are devoted if they are adaptable
SB3019 Enrolled  - 373 - LRB104 20255 HLH 33706 b

 1 to permitted uses, and (iii) the gradual elimination of the
 2 buildings and structures when they are destroyed or damaged in
 3 major part; nor shall they be exercised so as to impose
 4 regulations, eliminate uses, buildings, or structures, or
 5 require permits with respect to land used for agricultural
 6 purposes, which includes the growing of farm crops, truck
 7 garden crops, animal and poultry husbandry, apiculture,
 8 aquaculture, dairying, floriculture, horticulture, nurseries,
 9 tree farms, sod farms, pasturage, viticulture, and wholesale
10 greenhouses when such agricultural purposes constitute the
11 principal activity on the land, other than parcels of land
12 consisting of less than 5 acres from which $1,000 or less of
13 agricultural products were sold in any calendar year in
14 counties with a population between 300,000 and 400,000 or in
15 counties contiguous to a county with a population between
16 300,000 and 400,000, and other than parcels of land consisting
17 of less than 5 acres in counties with a population in excess of
18 400,000, or with respect to the erection, maintenance, repair,
19 alteration, remodeling or extension of buildings or structures
20 used or to be used for agricultural purposes upon such land
21 except that such buildings or structures for agricultural
22 purposes may be required to conform to building or set back
23 lines and counties may establish a minimum lot size for
24 residences on land used for agricultural purposes; nor shall
25 any such powers be so exercised as to prohibit the temporary
26 use of land for the installation, maintenance and operation of
    SB3019 Enrolled             - 374 - LRB104 20255 HLH 33706 b

1 facilities used by contractors in the ordinary course of

2 construction activities, except that such facilities may be

3 required to be located not less than 1,000 feet from any

4 building used for residential purposes, and except that the

5 period of such temporary use shall not exceed the duration of

6 the construction contract; nor shall any such powers include

7 the right to specify or regulate the type or location of any

8 poles, towers, wires, cables, conduits, vaults, laterals or

9 any other similar distributing equipment of a public utility

10 as defined in the Public Utilities Act, if the public utility

11 is subject to the Messages Tax Act, the Gas Revenue Tax Act or

12 the Public Utilities Revenue Act, or if such facilities or

13 equipment are located on any rights of way and are used for

14 railroad purposes, nor shall any such powers be exercised with

15 respect to uses, buildings, or structures of a public utility

16 as defined in the Public Utilities Act, nor shall any such

17 powers be exercised in any respect as to the facilities, as

18 defined in Section 5-12001.1, of a telecommunications carrier,

19 as also defined therein, except to the extent and in the manner

20 set forth in Section 5-12001.1. As used in this Act,

21 "agricultural purposes" do not include the extraction of sand,

22 gravel or limestone, and such activities may be regulated by

23 county zoning ordinance even when such activities are related

24 to an agricultural purpose.

25  Nothing in this Division shall be construed to restrict

26 the powers granted by statute to cities, villages and
    SB3019 Enrolled      - 375 - LRB104 20255 HLH 33706 b

1 incorporated towns as to territory contiguous to but outside

2 of the limits of such cities, villages and incorporated towns.

3 Any zoning ordinance enacted by a city, village or

4 incorporated town shall supersede, with respect to territory

5 within the corporate limits of the municipality, any county

6 zoning plan otherwise applicable. The powers granted to

7 counties by this Division shall be treated as in addition to

8 powers conferred by statute to control or approve maps, plats

9 or subdivisions. In this Division, "agricultural purposes"

10 include, without limitation, the growing, developing,

11 processing, conditioning, or selling of hybrid seed corn, seed

12 beans, seed oats, or other farm seeds.

13  Nothing in this Division shall be construed to prohibit

14 the corporate authorities of a county from adopting an

15 ordinance that exempts pleasure driveways or park districts,

16 as defined in the Park District Code, with a population of

17 greater than 100,000, from the exercise of the county's powers

18 under this Division.

19  The powers granted by this Division may be used to require

20 the creation and preservation of affordable housing, including

21 the power to provide increased density or other zoning

22 incentives to developers who are creating, establishing, or

23 preserving affordable housing.

24 (Source: P.A. 94-303, eff. 7-21-05.)

25  Section 70-75. The Illinois Municipal Code is amended by
   SB3019 Enrolled  - 376 - LRB104 20255 HLH 33706 b

1 changing Sections 8-11-1, 8-11-1.3, 8-11-1.6, 8-11-23,
2 8-11-24, and 11-74.3-6 as follows:

3  (65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)

4  Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax

5 Act. The corporate authorities of a home rule municipality may

6 impose a tax upon all persons engaged in the business of

7 selling tangible personal property, other than an item of

8 tangible personal property titled or registered with an agency

9 of this State's government, at retail in the municipality on

10 the gross receipts from these sales made in the course of such

11 business. If imposed, the tax shall only be imposed in 1/4%

12 increments. On and after September 1, 1991, this additional

13 tax may not be imposed on tangible personal property taxed at

14 the 1% rate under the Retailers' Occupation Tax Act (or at the

15 0% rate imposed under this amendatory Act of the 102nd General

16 Assembly). Beginning December 1, 2019, this tax is not imposed

17 on sales of aviation fuel unless the tax revenue is expended

18 for airport-related purposes. If a municipality does not have

19 an airport-related purpose to which it dedicates aviation fuel

20 tax revenue, then aviation fuel is excluded from the tax. Each

21 municipality must comply with the certification requirements

22 for airport-related purposes under Section 2-22 of the

23 Retailers' Occupation Tax Act. For purposes of this Section,

24 "airport-related purposes" has the meaning ascribed in Section

25 6z-20.2 of the State Finance Act. This exclusion for aviation
SB3019 Enrolled  - 377 - LRB104 20255 HLH 33706 b

 1 fuel only applies for so long as the revenue use requirements
 2 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 3 municipality. The changes made to this Section by this
 4 amendatory Act of the 101st General Assembly are a denial and
 5 limitation of home rule powers and functions under subsection
 6 (g) of Section 6 of Article VII of the Illinois Constitution.
 7 The tax imposed by a home rule municipality under this Section
 8 and all civil penalties that may be assessed as an incident of
 9 the tax shall be collected and enforced by the State
10 Department of Revenue. The certificate of registration that is
11 issued by the Department to a retailer under the Retailers'
12 Occupation Tax Act shall permit the retailer to engage in a
13 business that is taxable under any ordinance or resolution
14 enacted pursuant to this Section without registering
15 separately with the Department under such ordinance or
16 resolution or under this Section. The Department shall have
17 full power to administer and enforce this Section; to collect
18 all taxes and penalties due hereunder; to dispose of taxes and
19 penalties so collected in the manner hereinafter provided; and
20 to determine all rights to credit memoranda arising on account
21 of the erroneous payment of tax or penalty hereunder. In the
22 administration of, and compliance with, this Section the
23 Department and persons who are subject to this Section shall
24 have the same rights, remedies, privileges, immunities, powers
25 and duties, and be subject to the same conditions,
26 restrictions, limitations, penalties and definitions of terms,
    SB3019 Enrolled   - 378 - LRB104 20255 HLH 33706 b

1 and employ the same modes of procedure, as are prescribed in

2 Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65

3 (in respect to all provisions therein other than the State

4 rate of tax), 2c, 3 (except as to the disposition of taxes and

5 penalties collected, and except that the retailer's discount

6 is not allowed for taxes paid on aviation fuel that are subject

7 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

8 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,

9 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of

10 the Retailers' Occupation Tax Act and Section 3-7 of the

11 Uniform Penalty and Interest Act, as fully as if those

12 provisions were set forth herein.

13  No tax may be imposed by a home rule municipality under

14 this Section unless the municipality also imposes a tax at the

15 same rate under Section 8-11-5 of this Act.

16  If, on January 1, 2025, a unit of local government has in

17 effect a tax under this Section, or if, after January 1, 2025,

18 a unit of local government imposes a tax under this Section,

19 then that tax applies to leases of tangible personal property

20 in effect, entered into, or renewed on or after that date in

21 the same manner as the tax under this Section and in accordance

22 with the changes made by this amendatory Act of the 103rd

23 General Assembly.

24  Persons subject to any tax imposed under the authority

25 granted in this Section may reimburse themselves for their

26 seller's tax liability hereunder by separately stating that
    SB3019 Enrolled  - 379 - LRB104 20255 HLH 33706 b

1 tax as an additional charge, which charge may be stated in

2 combination, in a single amount, with State tax which sellers

3 are required to collect under the Use Tax Act, pursuant to such

4 bracket schedules as the Department may prescribe.

5   Whenever the Department determines that a refund should be

6 made under this Section to a claimant instead of issuing a

7 credit memorandum, the Department shall notify the State

8 Comptroller, who shall cause the order to be drawn for the

9 amount specified and to the person named in the notification

10 from the Department. The refund shall be paid by the State

11 Treasurer out of the home rule municipal retailers' occupation

12 tax fund or the Local Government Aviation Trust Fund, as

13 appropriate.

14  Except as otherwise provided in this paragraph, the

15 Department shall immediately pay over to the State Treasurer,

16 ex officio, as trustee, all taxes and penalties collected

17 hereunder for deposit into the Home Rule Municipal Retailers'

18 Occupation Tax Fund. Taxes and penalties collected on aviation

19 fuel sold on or after December 1, 2019, shall be immediately

20 paid over by the Department to the State Treasurer, ex

21 officio, as trustee, for deposit into the Local Government

22 Aviation Trust Fund. The Department shall only pay moneys into

23 the Local Government Aviation Trust Fund under this Section

24 for so long as the revenue use requirements of 49 U.S.C.

25 47107(b) and 49 U.S.C. 47133 are binding on the State.

26  As soon as possible after the first day of each month,
   SB3019 Enrolled  - 380 - LRB104 20255 HLH 33706 b

1 beginning January 1, 2011, upon certification of the

2 Department of Revenue, the Comptroller shall order

3 transferred, and the Treasurer shall transfer, to the STAR

4 Bonds Revenue Fund the local sales tax increment, as defined

5 in the Innovation Development and Economy Act, collected under

6 this Section during the second preceding calendar month for

7 sales within a STAR bond district.

8  After the monthly transfer to the STAR Bonds Revenue Fund,

9 on or before the 25th day of each calendar month, the

10 Department shall prepare and certify to the Comptroller the

11 disbursement of stated sums of money to named municipalities,

12 the municipalities to be those from which retailers have paid

13 taxes or penalties hereunder to the Department during the

14 second preceding calendar month. The amount to be paid to each

15 municipality shall be the amount (not including credit

16 memoranda and not including taxes and penalties collected on

17 aviation fuel sold on or after December 1, 2019) collected

18 hereunder during the second preceding calendar month by the

19 Department plus an amount the Department determines is

20 necessary to offset any amounts that were erroneously paid to

21 a different taxing body, and not including an amount equal to

22 the amount of refunds made during the second preceding

23 calendar month by the Department on behalf of such

24 municipality, and not including any amount that the Department

25 determines is necessary to offset any amounts that were

26 payable to a different taxing body but were erroneously paid
    SB3019 Enrolled  - 381 - LRB104 20255 HLH 33706 b

1 to the municipality, and not including any amounts that are

2 transferred to the STAR Bonds Revenue Fund, less 1.5% of the

3 remainder, which the Department shall transfer into the Tax

4 Compliance and Administration Fund. The Department, at the

5 time of each monthly disbursement to the municipalities, shall

6 prepare and certify to the State Comptroller the amount to be

7 transferred into the Tax Compliance and Administration Fund

8 under this Section. Within 10 days after receipt by the

9 Comptroller of the disbursement certification to the

10 municipalities and the Tax Compliance and Administration Fund

11 provided for in this Section to be given to the Comptroller by

12 the Department, the Comptroller shall cause the orders to be

13 drawn for the respective amounts in accordance with the

14 directions contained in the certification.

15  In addition to the disbursement required by the preceding

16 paragraph and in order to mitigate delays caused by

17 distribution procedures, an allocation shall, if requested, be

18 made within 10 days after January 14, 1991, and in November of

19 1991 and each year thereafter, to each municipality that

20 received more than $500,000 during the preceding fiscal year,

21 (July 1 through June 30) whether collected by the municipality

22 or disbursed by the Department as required by this Section.

23 Within 10 days after January 14, 1991, participating

24 municipalities shall notify the Department in writing of their

25 intent to participate. In addition, for the initial

26 distribution, participating municipalities shall certify to
    SB3019 Enrolled  - 382 - LRB104 20255 HLH 33706 b

1 the Department the amounts collected by the municipality for

2 each month under its home rule occupation and service

3 occupation tax during the period July 1, 1989 through June 30,

4 1990. The allocation within 10 days after January 14, 1991,

5 shall be in an amount equal to the monthly average of these

6 amounts, excluding the 2 months of highest receipts. The

7 monthly average for the period of July 1, 1990 through June 30,

8 1991 will be determined as follows: the amounts collected by

9 the municipality under its home rule occupation and service

10 occupation tax during the period of July 1, 1990 through

11 September 30, 1990, plus amounts collected by the Department

12 and paid to such municipality through June 30, 1991, excluding

13 the 2 months of highest receipts. The monthly average for each

14 subsequent period of July 1 through June 30 shall be an amount

15 equal to the monthly distribution made to each such

16 municipality under the preceding paragraph during this period,

17 excluding the 2 months of highest receipts. The distribution

18 made in November 1991 and each year thereafter under this

19 paragraph and the preceding paragraph shall be reduced by the

20 amount allocated and disbursed under this paragraph in the

21 preceding period of July 1 through June 30. The Department

22 shall prepare and certify to the Comptroller for disbursement

23 the allocations made in accordance with this paragraph.

24  For the purpose of determining the local governmental unit

25 whose tax is applicable, a retail sale by a producer of coal or

26 other mineral mined in Illinois is a sale at retail at the
    SB3019 Enrolled  - 383 - LRB104 20255 HLH 33706 b

1 place where the coal or other mineral mined in Illinois is

2 extracted from the earth. This paragraph does not apply to

3 coal or other mineral when it is delivered or shipped by the

4 seller to the purchaser at a point outside Illinois so that the

5 sale is exempt under the United States Constitution as a sale

6 in interstate or foreign commerce.

7   Nothing in this Section shall be construed to authorize a

8 municipality to impose a tax upon the privilege of engaging in

9 any business which under the Constitution of the United States

10 may not be made the subject of taxation by this State.

11  An ordinance or resolution imposing or discontinuing a tax

12 hereunder or effecting a change in the rate thereof shall be

13 adopted and a certified copy thereof filed with the Department

14 on or before the first day of June, whereupon the Department

15 shall proceed to administer and enforce this Section as of the

16 first day of September next following the adoption and filing.

17 Beginning January 1, 1992, an ordinance or resolution imposing

18 or discontinuing the tax hereunder or effecting a change in

19 the rate thereof shall be adopted and a certified copy thereof

20 filed with the Department on or before the first day of July,

21 whereupon the Department shall proceed to administer and

22 enforce this Section as of the first day of October next

23 following such adoption and filing. Beginning January 1, 1993,

24 an ordinance or resolution imposing or discontinuing the tax

25 hereunder or effecting a change in the rate thereof shall be

26 adopted and a certified copy thereof filed with the Department
    SB3019 Enrolled  - 384 - LRB104 20255 HLH 33706 b

1 on or before the first day of October, whereupon the

2 Department shall proceed to administer and enforce this

3 Section as of the first day of January next following the

4 adoption and filing. However, a municipality located in a

5 county with a population in excess of 3,000,000 that elected

6 to become a home rule unit at the general primary election in

7 1994 may adopt an ordinance or resolution imposing the tax

8 under this Section and file a certified copy of the ordinance

9 or resolution with the Department on or before July 1, 1994.

10 The Department shall then proceed to administer and enforce

11 this Section as of October 1, 1994. Beginning April 1, 1998, an

12 ordinance or resolution imposing or discontinuing the tax

13 hereunder or effecting a change in the rate thereof shall

14 either (i) be adopted and a certified copy thereof filed with

15 the Department on or before the first day of April, whereupon

16 the Department shall proceed to administer and enforce this

17 Section as of the first day of July next following the adoption

18 and filing; or (ii) be adopted and a certified copy thereof

19 filed with the Department on or before the first day of

20 October, whereupon the Department shall proceed to administer

21 and enforce this Section as of the first day of January next

22 following the adoption and filing.

23  When certifying the amount of a monthly disbursement to a

24 municipality under this Section, the Department shall increase

25 or decrease the amount by an amount necessary to offset any

26 misallocation of previous disbursements. The offset amount
    SB3019 Enrolled        - 385 - LRB104 20255 HLH 33706 b

1 shall be the amount erroneously disbursed within the previous

2 6 months from the time a misallocation is discovered.

3   Any unobligated balance remaining in the Municipal

4 Retailers' Occupation Tax Fund on December 31, 1989, which

5 fund was abolished by Public Act 85-1135, and all receipts of

6 municipal tax as a result of audits of liability periods prior

7 to January 1, 1990, shall be paid into the Local Government Tax

8 Fund for distribution as provided by this Section prior to the

9 enactment of Public Act 85-1135. All receipts of municipal tax

10 as a result of an assessment not arising from an audit, for

11 liability periods prior to January 1, 1990, shall be paid into

12 the Local Government Tax Fund for distribution before July 1,

13 1990, as provided by this Section prior to the enactment of

14 Public Act 85-1135; and on and after July 1, 1990, all such

15 receipts shall be distributed as provided in Section 6z-18 of

16 the State Finance Act.

17  As used in this Section, "municipal" and "municipality"

18 means a city, village or incorporated town, including an

19 incorporated town that has superseded a civil township.

20  This Section shall be known and may be cited as the Home

21 Rule Municipal Retailers' Occupation Tax Act.

22 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

23  (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)

24  Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'

25 Occupation Tax Act. The corporate authorities of a non-home
SB3019 Enrolled  - 386 - LRB104 20255 HLH 33706 b

 1 rule municipality may impose, by ordinance or resolution
 2 adopted in the manner described in Section 8-11-1.1, a tax
 3 upon all persons engaged in the business of selling tangible
 4 personal property, other than on an item of tangible personal
 5 property which is titled and registered by an agency of this
 6 State's Government, at retail in the municipality. If imposed,
 7 the tax shall be imposed on the gross receipts from such sales
 8 made in the course of such business. The proceeds of the tax
 9 may be used for public infrastructure or for property tax
10 relief or both, as defined in Section 8-11-1.2. If the tax is
11 approved by referendum on or after July 14, 2010 (the
12 effective date of Public Act 96-1057) and before August 5,
13 2024 (the effective date of Public Act 103-781), the corporate
14 authorities of the non-home rule municipality may, until
15 January 1, 2031, use the proceeds of the tax for expenditure on
16 municipal operations, in addition to or in lieu of any
17 expenditure on public infrastructure or for property tax
18 relief. If the tax is approved by an ordinance or resolution
19 adopted on or after August 5, 2024 (the effective date of
20 Public Act 103-781), the corporate authorities of the non-home
21 rule municipality may, until January 1, 2031, use the proceeds
22 of the tax for expenditure on municipal operations, in
23 addition to or in lieu of any expenditure on public
24 infrastructure or for property tax relief. The tax imposed may
25 not be more than 1% and may be imposed only in 1/4% increments.
26 The tax may not be imposed on tangible personal property taxed
SB3019 Enrolled  - 387 - LRB104 20255 HLH 33706 b

 1 at the 1% rate under the Retailers' Occupation Tax Act (or at
 2 the 0% rate imposed under this amendatory Act of the 102nd
 3 General Assembly). Beginning December 1, 2019, this tax is not
 4 imposed on sales of aviation fuel unless the tax revenue is
 5 expended for airport-related purposes. If a municipality does
 6 not have an airport-related purpose to which it dedicates
 7 aviation fuel tax revenue, then aviation fuel is excluded from
 8 the tax. Each municipality must comply with the certification
 9 requirements for airport-related purposes under Section 2-22
10 of the Retailers' Occupation Tax Act. For purposes of this
11 Section, "airport-related purposes" has the meaning ascribed
12 in Section 6z-20.2 of the State Finance Act. This exclusion
13 for aviation fuel only applies for so long as the revenue use
14 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
15 binding on the municipality. The tax imposed by a municipality
16 pursuant to this Section and all civil penalties that may be
17 assessed as an incident thereof shall be collected and
18 enforced by the State Department of Revenue. The certificate
19 of registration which is issued by the Department to a
20 retailer under the Retailers' Occupation Tax Act shall permit
21 such retailer to engage in a business which is taxable under
22 any ordinance or resolution enacted pursuant to this Section
23 without registering separately with the Department under such
24 ordinance or resolution or under this Section. The Department
25 shall have full power to administer and enforce this Section;
26 to collect all taxes and penalties due hereunder; to dispose
    SB3019 Enrolled  - 388 - LRB104 20255 HLH 33706 b

1 of taxes and penalties so collected in the manner hereinafter

2 provided, and to determine all rights to credit memoranda,

3 arising on account of the erroneous payment of tax or penalty

4 hereunder. In the administration of, and compliance with, this

5 Section, the Department and persons who are subject to this

6 Section shall have the same rights, remedies, privileges,

7 immunities, powers and duties, and be subject to the same

8 conditions, restrictions, limitations, penalties and

9 definitions of terms, and employ the same modes of procedure,

10 as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,

11 2 through 2-65 (in respect to all provisions therein other

12 than the State rate of tax), 2c, 3 (except as to the

13 disposition of taxes and penalties collected, and except that

14 the retailer's discount is not allowed for taxes paid on

15 aviation fuel that are subject to the revenue use requirements

16 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

17 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d,

18 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act

19 and Section 3-7 of the Uniform Penalty and Interest Act as

20 fully as if those provisions were set forth herein.

21  No municipality may impose a tax under this Section unless

22 the municipality also imposes a tax at the same rate under

23 Section 8-11-1.4 of this Code.

24  If, on January 1, 2025, a unit of local government has in

25 effect a tax under this Section, or if, after January 1, 2025,

26 a unit of local government imposes a tax under this Section,
    SB3019 Enrolled  - 389 - LRB104 20255 HLH 33706 b

1 then that tax applies to leases of tangible personal property

2 in effect, entered into, or renewed on or after that date in

3 the same manner as the tax under this Section and in accordance

4 with the changes made by this amendatory Act of the 103rd

5 General Assembly.

6   Persons subject to any tax imposed pursuant to the

7 authority granted in this Section may reimburse themselves for

8 their seller's tax liability hereunder by separately stating

9 such tax as an additional charge, which charge may be stated in

10 combination, in a single amount, with State tax which sellers

11 are required to collect under the Use Tax Act, pursuant to such

12 bracket schedules as the Department may prescribe.

13  Whenever the Department determines that a refund should be

14 made under this Section to a claimant instead of issuing a

15 credit memorandum, the Department shall notify the State

16 Comptroller, who shall cause the order to be drawn for the

17 amount specified, and to the person named, in such

18 notification from the Department. Such refund shall be paid by

19 the State Treasurer out of the non-home rule municipal

20 retailers' occupation tax fund or the Local Government

21 Aviation Trust Fund, as appropriate.

22  Except as otherwise provided, the Department shall

23 forthwith pay over to the State Treasurer, ex officio, as

24 trustee, all taxes and penalties collected hereunder for

25 deposit into the Non-Home Rule Municipal Retailers' Occupation

26 Tax Fund. Taxes and penalties collected on aviation fuel sold
    SB3019 Enrolled  - 390 - LRB104 20255 HLH 33706 b

1 on or after December 1, 2019, shall be immediately paid over by

2 the Department to the State Treasurer, ex officio, as trustee,

3 for deposit into the Local Government Aviation Trust Fund. The

4 Department shall only pay moneys into the Local Government

5 Aviation Trust Fund under this Section for so long as the

6 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

7 47133 are binding on the municipality.

8   As soon as possible after the first day of each month,

9 beginning January 1, 2011, upon certification of the

10 Department of Revenue, the Comptroller shall order

11 transferred, and the Treasurer shall transfer, to the STAR

12 Bonds Revenue Fund the local sales tax increment, as defined

13 in the Innovation Development and Economy Act, collected under

14 this Section during the second preceding calendar month for

15 sales within a STAR bond district.

16  After the monthly transfer to the STAR Bonds Revenue Fund,

17 on or before the 25th day of each calendar month, the

18 Department shall prepare and certify to the Comptroller the

19 disbursement of stated sums of money to named municipalities,

20 the municipalities to be those from which retailers have paid

21 taxes or penalties hereunder to the Department during the

22 second preceding calendar month. The amount to be paid to each

23 municipality shall be the amount (not including credit

24 memoranda and not including taxes and penalties collected on

25 aviation fuel sold on or after December 1, 2019) collected

26 hereunder during the second preceding calendar month by the
    SB3019 Enrolled  - 391 - LRB104 20255 HLH 33706 b

1 Department plus an amount the Department determines is

2 necessary to offset any amounts which were erroneously paid to

3 a different taxing body, and not including an amount equal to

4 the amount of refunds made during the second preceding

5 calendar month by the Department on behalf of such

6 municipality, and not including any amount which the

7 Department determines is necessary to offset any amounts which

8 were payable to a different taxing body but were erroneously

9 paid to the municipality, and not including any amounts that

10 are transferred to the STAR Bonds Revenue Fund, less 1.5% of

11 the remainder, which the Department shall transfer into the

12 Tax Compliance and Administration Fund. The Department, at the

13 time of each monthly disbursement to the municipalities, shall

14 prepare and certify to the State Comptroller the amount to be

15 transferred into the Tax Compliance and Administration Fund

16 under this Section. Within 10 days after receipt, by the

17 Comptroller, of the disbursement certification to the

18 municipalities and the Tax Compliance and Administration Fund

19 provided for in this Section to be given to the Comptroller by

20 the Department, the Comptroller shall cause the orders to be

21 drawn for the respective amounts in accordance with the

22 directions contained in such certification.

23  For the purpose of determining the local governmental unit

24 whose tax is applicable, a retail sale, by a producer of coal

25 or other mineral mined in Illinois, is a sale at retail at the

26 place where the coal or other mineral mined in Illinois is
    SB3019 Enrolled           - 392 - LRB104 20255 HLH 33706 b

1 extracted from the earth. This paragraph does not apply to

2 coal or other mineral when it is delivered or shipped by the

3 seller to the purchaser at a point outside Illinois so that the

4 sale is exempt under the Federal Constitution as a sale in

5 interstate or foreign commerce.

6   Nothing in this Section shall be construed to authorize a

7 municipality to impose a tax upon the privilege of engaging in

8 any business which under the constitution of the United States

9 may not be made the subject of taxation by this State.

10  When certifying the amount of a monthly disbursement to a

11 municipality under this Section, the Department shall increase

12 or decrease such amount by an amount necessary to offset any

13 misallocation of previous disbursements. The offset amount

14 shall be the amount erroneously disbursed within the previous

15 6 months from the time a misallocation is discovered.

16  The Department of Revenue shall implement Public Act

17 91-649 so as to collect the tax on and after January 1, 2002.

18  As used in this Section, "municipal" and "municipality"

19 mean a city, village, or incorporated town, including an

20 incorporated town which has superseded a civil township.

21  This Section shall be known and may be cited as the

22 Non-Home Rule Municipal Retailers' Occupation Tax Act.

23 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;

24 103-1055, eff. 12-20-24.)

25  (65 ILCS 5/8-11-1.6)
   SB3019 Enrolled  - 393 - LRB104 20255 HLH 33706 b

1  Sec. 8-11-1.6. Non-home rule municipal retailers'

2 occupation tax; municipalities between 20,000 and 25,000. The

3 corporate authorities of a non-home rule municipality with a

4 population of more than 20,000 but less than 25,000 that has,

5 prior to January 1, 1987, established a Redevelopment Project

6 Area that has been certified as a State Sales Tax Boundary and

7 has issued bonds or otherwise incurred indebtedness to pay for

8 costs in excess of $5,000,000, which is secured in part by a

9 tax increment allocation fund, in accordance with the

10 provisions of Division 11-74.4 of this Code may, by passage of

11 an ordinance, impose a tax upon all persons engaged in the

12 business of selling tangible personal property, other than on

13 an item of tangible personal property that is titled and

14 registered by an agency of this State's Government, at retail

15 in the municipality. This tax may not be imposed on tangible

16 personal property taxed at the 1% rate under the Retailers'

17 Occupation Tax Act (or at the 0% rate imposed under this

18 amendatory Act of the 102nd General Assembly). Beginning

19 December 1, 2019, this tax is not imposed on sales of aviation

20 fuel unless the tax revenue is expended for airport-related

21 purposes. If a municipality does not have an airport-related

22 purpose to which it dedicates aviation fuel tax revenue, then

23 aviation fuel is excluded from the tax. Each municipality must

24 comply with the certification requirements for airport-related

25 purposes under Section 2-22 of the Retailers' Occupation Tax

26 Act. For purposes of this Section, "airport-related purposes"
SB3019 Enrolled  - 394 - LRB104 20255 HLH 33706 b

 1 has the meaning ascribed in Section 6z-20.2 of the State
 2 Finance Act. This exclusion for aviation fuel only applies for
 3 so long as the revenue use requirements of 49 U.S.C. 47107(b)
 4 and 49 U.S.C. 47133 are binding on the municipality. If
 5 imposed, the tax shall only be imposed in .25% increments of
 6 the gross receipts from such sales made in the course of
 7 business. Any tax imposed by a municipality under this Section
 8 and all civil penalties that may be assessed as an incident
 9 thereof shall be collected and enforced by the State
10 Department of Revenue. An ordinance imposing a tax hereunder
11 or effecting a change in the rate thereof shall be adopted and
12 a certified copy thereof filed with the Department on or
13 before the first day of October, whereupon the Department
14 shall proceed to administer and enforce this Section as of the
15 first day of January next following such adoption and filing.
16 The certificate of registration that is issued by the
17 Department to a retailer under the Retailers' Occupation Tax
18 Act shall permit the retailer to engage in a business that is
19 taxable under any ordinance or resolution enacted under this
20 Section without registering separately with the Department
21 under the ordinance or resolution or under this Section. The
22 Department shall have full power to administer and enforce
23 this Section, to collect all taxes and penalties due
24 hereunder, to dispose of taxes and penalties so collected in
25 the manner hereinafter provided, and to determine all rights
26 to credit memoranda, arising on account of the erroneous
    SB3019 Enrolled  - 395 - LRB104 20255 HLH 33706 b

1 payment of tax or penalty hereunder. In the administration of,

2 and compliance with this Section, the Department and persons

3 who are subject to this Section shall have the same rights,

4 remedies, privileges, immunities, powers, and duties, and be

5 subject to the same conditions, restrictions, limitations,

6 penalties, and definitions of terms, and employ the same modes

7 of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,

8 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

9 therein other than the State rate of tax), 2c, 3 (except as to

10 the disposition of taxes and penalties collected, and except

11 that the retailer's discount is not allowed for taxes paid on

12 aviation fuel that are subject to the revenue use requirements

13 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

14 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d,

15 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act

16 and Section 3-7 of the Uniform Penalty and Interest Act as

17 fully as if those provisions were set forth herein.

18  A tax may not be imposed by a municipality under this

19 Section unless the municipality also imposes a tax at the same

20 rate under Section 8-11-1.7 of this Act.

21  If, on January 1, 2025, a unit of local government has in

22 effect a tax under this Section, or if, after January 1, 2025,

23 a unit of local government imposes a tax under this Section,

24 then that tax applies to leases of tangible personal property

25 in effect, entered into, or renewed on or after that date in

26 the same manner as the tax under this Section and in accordance
    SB3019 Enrolled  - 396 - LRB104 20255 HLH 33706 b

1 with the changes made by this amendatory Act of the 103rd

2 General Assembly.

3   Persons subject to any tax imposed under the authority

4 granted in this Section may reimburse themselves for their

5 seller's tax liability hereunder by separately stating the tax

6 as an additional charge, which charge may be stated in

7 combination, in a single amount, with State tax which sellers

8 are required to collect under the Use Tax Act, pursuant to such

9 bracket schedules as the Department may prescribe.

10  Whenever the Department determines that a refund should be

11 made under this Section to a claimant, instead of issuing a

12 credit memorandum, the Department shall notify the State

13 Comptroller, who shall cause the order to be drawn for the

14 amount specified, and to the person named in the notification

15 from the Department. The refund shall be paid by the State

16 Treasurer out of the Non-Home Rule Municipal Retailers'

17 Occupation Tax Fund, which is hereby created or the Local

18 Government Aviation Trust Fund, as appropriate.

19  Except as otherwise provided in this paragraph, the

20 Department shall forthwith pay over to the State Treasurer, ex

21 officio, as trustee, all taxes and penalties collected

22 hereunder for deposit into the Non-Home Rule Municipal

23 Retailers' Occupation Tax Fund. Taxes and penalties collected

24 on aviation fuel sold on or after December 1, 2019, shall be

25 immediately paid over by the Department to the State

26 Treasurer, ex officio, as trustee, for deposit into the Local
    SB3019 Enrolled  - 397 - LRB104 20255 HLH 33706 b

1 Government Aviation Trust Fund. The Department shall only pay

2 moneys into the Local Government Aviation Trust Fund under

3 this Section for so long as the revenue use requirements of 49

4 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

5 municipality.

6   As soon as possible after the first day of each month,

7 beginning January 1, 2011, upon certification of the

8 Department of Revenue, the Comptroller shall order

9 transferred, and the Treasurer shall transfer, to the STAR

10 Bonds Revenue Fund the local sales tax increment, as defined

11 in the Innovation Development and Economy Act, collected under

12 this Section during the second preceding calendar month for

13 sales within a STAR bond district.

14  After the monthly transfer to the STAR Bonds Revenue Fund,

15 on or before the 25th day of each calendar month, the

16 Department shall prepare and certify to the Comptroller the

17 disbursement of stated sums of money to named municipalities,

18 the municipalities to be those from which retailers have paid

19 taxes or penalties hereunder to the Department during the

20 second preceding calendar month. The amount to be paid to each

21 municipality shall be the amount (not including credit

22 memoranda and not including taxes and penalties collected on

23 aviation fuel sold on or after December 1, 2019) collected

24 hereunder during the second preceding calendar month by the

25 Department plus an amount the Department determines is

26 necessary to offset any amounts that were erroneously paid to
    SB3019 Enrolled  - 398 - LRB104 20255 HLH 33706 b

1 a different taxing body, and not including an amount equal to

2 the amount of refunds made during the second preceding

3 calendar month by the Department on behalf of the

4 municipality, and not including any amount that the Department

5 determines is necessary to offset any amounts that were

6 payable to a different taxing body but were erroneously paid

7 to the municipality, and not including any amounts that are

8 transferred to the STAR Bonds Revenue Fund, less 1.5% of the

9 remainder, which the Department shall transfer into the Tax

10 Compliance and Administration Fund. The Department, at the

11 time of each monthly disbursement to the municipalities, shall

12 prepare and certify to the State Comptroller the amount to be

13 transferred into the Tax Compliance and Administration Fund

14 under this Section. Within 10 days after receipt by the

15 Comptroller of the disbursement certification to the

16 municipalities and the Tax Compliance and Administration Fund

17 provided for in this Section to be given to the Comptroller by

18 the Department, the Comptroller shall cause the orders to be

19 drawn for the respective amounts in accordance with the

20 directions contained in the certification.

21  For the purpose of determining the local governmental unit

22 whose tax is applicable, a retail sale by a producer of coal or

23 other mineral mined in Illinois is a sale at retail at the

24 place where the coal or other mineral mined in Illinois is

25 extracted from the earth. This paragraph does not apply to

26 coal or other mineral when it is delivered or shipped by the
    SB3019 Enrolled      - 399 - LRB104 20255 HLH 33706 b

1 seller to the purchaser at a point outside Illinois so that the

2 sale is exempt under the federal Constitution as a sale in

3 interstate or foreign commerce.

4   Nothing in this Section shall be construed to authorize a

5 municipality to impose a tax upon the privilege of engaging in

6 any business which under the constitution of the United States

7 may not be made the subject of taxation by this State.

8   When certifying the amount of a monthly disbursement to a

9 municipality under this Section, the Department shall increase

10 or decrease the amount by an amount necessary to offset any

11 misallocation of previous disbursements. The offset amount

12 shall be the amount erroneously disbursed within the previous

13 6 months from the time a misallocation is discovered.

14  As used in this Section, "municipal" and "municipality"

15 means a city, village, or incorporated town, including an

16 incorporated town that has superseded a civil township.

17 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

18  (65 ILCS 5/8-11-23)

19  Sec. 8-11-23. Municipal Cannabis Retailers' Occupation Tax

20 Law.

21  (a) This Section may be referred to as the Municipal

22 Cannabis Retailers' Occupation Tax Law. The corporate

23 authorities of any municipality may, by ordinance, impose a

24 tax upon all persons engaged in the business of selling

25 cannabis, other than cannabis purchased under the
SB3019 Enrolled  - 400 - LRB104 20255 HLH 33706 b

 1 Compassionate Use of Medical Cannabis Program Act, at retail
 2 in the municipality on the gross receipts from these sales
 3 made in the course of that business. If imposed, the tax may
 4 not exceed 3% of the gross receipts from these sales and shall
 5 only be imposed in 1/4% increments. The tax imposed under this
 6 Section and all civil penalties that may be assessed as an
 7 incident of the tax shall be collected and enforced by the
 8 Department of Revenue. The Department of Revenue shall have
 9 full power to administer and enforce this Section; to collect
10 all taxes and penalties due hereunder; to dispose of taxes and
11 penalties so collected in the manner hereinafter provided; and
12 to determine all rights to credit memoranda arising on account
13 of the erroneous payment of tax or penalty under this Section.
14 In the administration of and compliance with this Section, the
15 Department and persons who are subject to this Section shall
16 have the same rights, remedies, privileges, immunities, powers
17 and duties, and be subject to the same conditions,
18 restrictions, limitations, penalties and definitions of terms,
19 and employ the same modes of procedure, as are prescribed in
20 Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65
21 (in respect to all provisions therein other than the State
22 rate of tax), 2a, 2b, 2c, 2i, 3 (except as to the disposition
23 of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e,
24 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
25 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act
26 and Section 3-7 of the Uniform Penalty and Interest Act, as
    SB3019 Enrolled  - 401 - LRB104 20255 HLH 33706 b

1 fully as if those provisions were set forth herein.

2   (b) Persons subject to any tax imposed under the authority

3 granted in this Section may reimburse themselves for their

4 seller's tax liability hereunder by separately stating that

5 tax as an additional charge, which charge may be stated in

6 combination, in a single amount, with any State tax that

7 sellers are required to collect.

8   (c) Whenever the Department of Revenue determines that a

9 refund should be made under this Section to a claimant instead

10 of issuing a credit memorandum, the Department of Revenue

11 shall notify the State Comptroller, who shall cause the order

12 to be drawn for the amount specified and to the person named in

13 the notification from the Department of Revenue.

14  (d) The Department of Revenue shall immediately pay over

15 to the State Treasurer, ex officio, as trustee, all taxes and

16 penalties collected hereunder for deposit into the Local

17 Cannabis Retailers' Occupation Tax Trust Fund.

18  (e) On or before the 25th day of each calendar month, the

19 Department of Revenue shall prepare and certify to the

20 Comptroller the amount of money to be disbursed from the Local

21 Cannabis Retailers' Occupation Tax Trust Fund to

22 municipalities from which retailers have paid taxes or

23 penalties under this Section during the second preceding

24 calendar month. The amount to be paid to each municipality

25 shall be the amount (not including credit memoranda) collected

26 under this Section from sales made in the municipality during
    SB3019 Enrolled  - 402 - LRB104 20255 HLH 33706 b

1 the second preceding calendar month, plus an amount the

2 Department of Revenue determines is necessary to offset any

3 amounts that were erroneously paid to a different taxing body,

4 and not including an amount equal to the amount of refunds made

5 during the second preceding calendar month by the Department

6 on behalf of such municipality, and not including any amount

7 that the Department determines is necessary to offset any

8 amounts that were payable to a different taxing body but were

9 erroneously paid to the municipality, less 1.5% of the

10 remainder, which the Department shall transfer into the Tax

11 Compliance and Administration Fund. The Department, at the

12 time of each monthly disbursement to the municipalities, shall

13 prepare and certify to the State Comptroller the amount to be

14 transferred into the Tax Compliance and Administration Fund

15 under this Section. Within 10 days after receipt by the

16 Comptroller of the disbursement certification to the

17 municipalities and the Tax Compliance and Administration Fund

18 provided for in this Section to be given to the Comptroller by

19 the Department, the Comptroller shall cause the orders to be

20 drawn for the respective amounts in accordance with the

21 directions contained in the certification.

22  (f) An ordinance or resolution imposing or discontinuing a

23 tax under this Section or effecting a change in the rate

24 thereof that is adopted on or after June 25, 2019 (the

25 effective date of Public Act 101-27) and for which a certified

26 copy is filed with the Department on or before April 1, 2020
    SB3019 Enrolled      - 403 - LRB104 20255 HLH 33706 b

 1 shall be administered and enforced by the Department beginning
 2 on July 1, 2020. For ordinances filed with the Department
 3 after April 1, 2020, an ordinance or resolution imposing or
 4 discontinuing a tax under this Section or effecting a change
 5 in the rate thereof shall either (i) be adopted and a certified
 6 copy thereof filed with the Department on or before the first
 7 day of April, whereupon the Department shall proceed to
 8 administer and enforce this Section as of the first day of July
 9 next following the adoption and filing; or (ii) be adopted and
10 a certified copy thereof filed with the Department on or
11 before the first day of October, whereupon the Department
12 shall proceed to administer and enforce this Section as of the
13 first day of January next following the adoption and filing.
14 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

15  (65 ILCS 5/8-11-24)

16  Sec. 8-11-24. Municipal Grocery Occupation Tax Law.

17  (a) The corporate authorities of any municipality may, by

18 ordinance or resolution that takes effect on or after January

19 1, 2026, impose a tax upon all persons engaged in the business

20 of selling groceries at retail in the municipality on the

21 gross receipts from those sales made in the course of that

22 business. If imposed, the tax shall be at the rate of 1% of the

23 gross receipts from these sales.

24  The tax imposed by a municipality under this subsection

25 and all civil penalties that may be assessed as an incident of
    SB3019 Enrolled  - 404 - LRB104 20255 HLH 33706 b

1 the tax shall be collected and enforced by the Department. The

2 certificate of registration that is issued by the Department

3 to a retailer under the Retailers' Occupation Tax Act shall

4 permit the retailer to engage in a business that is taxable

5 under any ordinance or resolution enacted under this

6 subsection without registering separately with the Department

7 under that ordinance or resolution or under this subsection.

8   The Department shall have full power to administer and

9 enforce this subsection; to collect all taxes and penalties

10 due under this subsection; to dispose of taxes and penalties

11 so collected in the manner provided in this Section and under

12 rules adopted by the Department; and to determine all rights

13 to credit memoranda arising on account of the erroneous

14 payment of tax or penalty under this subsection.

15  In the administration of, and compliance with, this

16 subsection, the Department and persons who are subject to this

17 subsection shall have the same rights, remedies, privileges,

18 immunities, powers, and duties, and be subject to the same

19 conditions, restrictions, limitations, penalties and

20 definitions of terms, and employ the same modes of procedure,

21 as are prescribed in Sections 1, 2 through 2-65 (in respect to

22 all provisions therein other than the State rate of tax and

23 other than the exemption for food for human consumption that

24 is to be consumed off the premises where it is sold (other than

25 alcoholic liquor taxable under Section 8-1 of the Liquor

26 Control Act of 1934 beverages, food consisting of or infused
    SB3019 Enrolled  - 405 - LRB104 20255 HLH 33706 b

1 with adult use cannabis, soft drinks, candy, and food that has

2 been prepared for immediate consumption), which is authorized

3 to be taxed as provided in this subsection), 2c, 3 (except as

4 to the disposition of taxes and penalties collected), 4, 5,

5 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

6 10, 11, 11a, 12 and 13 of the Retailers' Occupation Tax Act and

7 all of the Uniform Penalty and Interest Act, as fully as if

8 those provisions were set forth in this Section.

9   Persons subject to any tax imposed under the authority

10 granted in this subsection may reimburse themselves for their

11 seller's tax liability hereunder by separately stating that

12 tax as an additional charge, which charge may be stated in

13 combination, in a single amount, with State tax which sellers

14 are required to collect under the Use Tax Act, pursuant to such

15 bracket schedules as the Department may prescribe.

16  (b) If a tax has been imposed under subsection (a), then a

17 service occupation tax must also be imposed at the same rate

18 upon all persons engaged, in the municipality, in the business

19 of making sales of service, at the same rate of tax imposed

20 under subsection (a), on the selling price of all who, as an

21 incident to making those sales of service, transfer groceries,

22 as defined in this Section, transferred by the serviceman as

23 an incident to a sale of service.

24  The tax imposed under this subsection and all civil

25 penalties that may be assessed as an incident thereof shall be

26 collected and enforced by the Department. The certificate of
    SB3019 Enrolled  - 406 - LRB104 20255 HLH 33706 b

1 registration that is issued by the Department to a retailer

2 under the Retailers' Occupation Tax Act or the Service

3 Occupation Tax Act shall permit the registrant to engage in a

4 business that is taxable under any ordinance or resolution

5 enacted pursuant to this subsection without registering

6 separately with the Department under the ordinance or

7 resolution or under this subsection.

8   The Department shall have full power to administer and

9 enforce this subsection, to collect all taxes and penalties

10 due under this subsection, to dispose of taxes and penalties

11 so collected in the manner provided in this Section and under

12 rules adopted by the Department, and to determine all rights

13 to credit memoranda arising on account of the erroneous

14 payment of a tax or penalty under this subsection.

15  In the administration of and compliance with this

16 subsection, the Department and persons who are subject to this

17 subsection shall have the same rights, remedies, privileges,

18 immunities, powers and duties, and be subject to the same

19 conditions, restrictions, limitations, penalties and

20 definitions of terms, and employ the same modes of procedure

21 as are set forth in Sections 2, 2c, 3 through 3-50 (in respect

22 to all provisions contained in those Sections other than (i)

23 the State rate of tax; (ii) the exemption for food for human

24 consumption that is to be consumed off the premises where it is

25 sold (other than alcoholic liquor taxable under Section 8-1 of

26 the Liquor Control Act of 1934 beverages, food consisting of
    SB3019 Enrolled            - 407 - LRB104 20255 HLH 33706 b

1 or infused with adult use cannabis, soft drinks, candy, and

2 food that has been prepared for immediate consumption), which

3 is authorized to be taxed as provided in this subsection; and

4 (iii) the exemption for food prepared for immediate

5 consumption and transferred incident to a sale of service

6 subject to the Service Occupation Tax Act or the Service Use

7 Tax Act by an entity licensed under the Hospital Licensing

8 Act, the Nursing Home Care Act, the Assisted Living and Shared

9 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

10 Specialized Mental Health Rehabilitation Act of 2013, or the

11 Child Care Act of 1969, or an entity that holds a permit issued

12 pursuant to the Life Care Facilities Act, which is authorized

13 to be taxed as provided in this subsection), 4, 5, 7, 8, 9

14 (except as to the disposition of taxes and penalties

15 collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the

16 Service Occupation Tax Act and all provisions of the Uniform

17 Penalty and Interest Act, as fully as if those provisions were

18 set forth in this Section.

19  Persons subject to any tax imposed under the authority

20 granted in this subsection may reimburse themselves for their

21 serviceman's tax liability by separately stating the tax as an

22 additional charge, which may be stated in combination, in a

23 single amount, with State tax that servicemen are authorized

24 to collect under the Service Use Tax Act, pursuant to any

25 bracketed schedules set forth by the Department.

26  (c) The Department shall immediately pay over to the State
    SB3019 Enrolled         - 408 - LRB104 20255 HLH 33706 b

1 Treasurer, ex officio, as trustee, all taxes and penalties

2 collected under this Section. Those taxes and penalties shall

3 be deposited into the Municipal Grocery Tax Trust Fund, a

4 trust fund created in the State treasury. Except as otherwise

5 provided in this Section, moneys in the Municipal Grocery Tax

6 Trust Fund shall be used to make payments to municipalities

7 and for the payment of refunds under this Section.

8   Moneys deposited into the Municipal Grocery Tax Trust Fund

9 under this Section are not subject to appropriation and shall

10 be used as provided in this Section. All deposits into the

11 Municipal Grocery Tax Trust Fund shall be held in the

12 Municipal Grocery Tax Trust Fund by the State Treasurer, ex

13 officio, as trustee separate and apart from all public moneys

14 or funds of this State.

15  Whenever the Department determines that a refund should be

16 made under this Section to a claimant instead of issuing a

17 credit memorandum, the Department shall notify the State

18 Comptroller, who shall cause the order to be drawn for the

19 amount specified and to the person named in the notification

20 from the Department. The refund shall be paid by the State

21 Treasurer out of the Municipal Grocery Tax Trust Fund.

22  (d) As soon as possible after the first day of each month,

23 upon certification of the Department, the Comptroller shall

24 order transferred, and the Treasurer shall transfer, to the

25 STAR Bonds Revenue Fund the local sales tax increment, if any,

26 as defined in the Innovation Development and Economy Act,
   SB3019 Enrolled     - 409 - LRB104 20255 HLH 33706 b

1 collected under this Section.

2  After the monthly transfer to the STAR Bonds Revenue Fund,

3 if any, on or before the 25th day of each calendar month, the

4 Department shall prepare and certify to the Comptroller the

5 disbursement of stated sums of money to named municipalities,

6 the municipalities to be those from which retailers have paid

7 taxes or penalties under this Section to the Department during

8 the second preceding calendar month. The amount to be paid to

9 each municipality shall be the amount (not including credit

10 memoranda) collected under this Section during the second

11 preceding calendar month by the Department plus an amount the

12 Department determines is necessary to offset any amounts that

13 were erroneously paid to a different taxing body, and not

14 including an amount equal to the amount of refunds made during

15 the second preceding calendar month by the Department on

16 behalf of such municipality, and not including any amount that

17 the Department determines is necessary to offset any amounts

18 that were payable to a different taxing body but were

19 erroneously paid to the municipality, and not including any

20 amounts that are transferred to the STAR Bonds Revenue Fund.

21 Within 10 days after receipt by the Comptroller of the

22 disbursement certification to the municipalities provided for

23 in this Section to be given to the Comptroller by the

24 Department, the Comptroller shall cause the orders to be drawn

25 for the amounts in accordance with the directions contained in

26 the certification.
    SB3019 Enrolled        - 410 - LRB104 20255 HLH 33706 b

1   (e) Nothing in this Section shall be construed to

2 authorize a municipality to impose a tax upon the privilege of

3 engaging in any business which under the Constitution of the

4 United States may not be made the subject of taxation by this

5 State.

6   (f) Except as otherwise provided in this subsection, an

7 ordinance or resolution imposing or discontinuing the tax

8 hereunder or effecting a change in the rate thereof shall

9 either (i) be adopted and a certified copy thereof filed with

10 the Department on or before the first day of April, whereupon

11 the Department shall proceed to administer and enforce this

12 Section as of the first day of July next following the adoption

13 and filing or (ii) be adopted and a certified copy thereof

14 filed with the Department on or before the first day of

15 October, whereupon the Department shall proceed to administer

16 and enforce this Section as of the first day of January next

17 following the adoption and filing.

18  (g) When certifying the amount of a monthly disbursement

19 to a municipality under this Section, the Department shall

20 increase or decrease the amount by an amount necessary to

21 offset any misallocation of previous disbursements. The offset

22 amount shall be the amount erroneously disbursed within the

23 previous 6 months from the time a misallocation is discovered.

24  (h) As used in this Section, "Department" means the

25 Department of Revenue.

26  For purposes of the tax authorized to be imposed under
   SB3019 Enrolled  - 411 - LRB104 20255 HLH 33706 b

1 subsection (a), "groceries" has the same meaning as "food for

2 human consumption that is to be consumed off the premises

3 where it is sold (other than alcoholic liquor taxable under

4 Section 8-1 of the Liquor Control Act of 1934 beverages, food

5 consisting of or infused with adult use cannabis, soft drinks,

6 candy, and food that has been prepared for immediate

7 consumption)", as further defined in Section 2-10 of the

8 Retailers' Occupation Tax Act.

9  For purposes of the tax authorized to be imposed under

10 subsection (b), "groceries" has the same meaning as "food for

11 human consumption that is to be consumed off the premises

12 where it is sold (other than alcoholic liquor taxable under

13 Section 8-1 of the Liquor Control Act of 1934 beverages, food

14 consisting of or infused with adult use cannabis, soft drinks,

15 candy, and food that has been prepared for immediate

16 consumption)", as further defined in Section 3-10 of the

17 Service Occupation Tax Act. For purposes of the tax authorized

18 to be imposed under subsection (b), "groceries" also means

19 food prepared for immediate consumption and transferred

20 incident to a sale of service subject to the Service

21 Occupation Tax Act or the Service Use Tax Act by an entity

22 licensed under the Hospital Licensing Act, the Nursing Home

23 Care Act, the Assisted Living and Shared Housing Act, the

24 ID/DD Community Care Act, the MC/DD Act, the Specialized

25 Mental Health Rehabilitation Act of 2013, or the Child Care

26 Act of 1969, or an entity that holds a permit issued pursuant
   SB3019 Enrolled             - 412 - LRB104 20255 HLH 33706 b

1 to the Life Care Facilities Act.

2  (i) This Section may be referred to as the Municipal

3 Grocery Occupation Tax Law.

4 (Source: P.A. 103-781, eff. 8-5-24; 104-6, eff. 1-1-26.)

5  (65 ILCS 5/11-74.3-6)

6  Sec. 11-74.3-6. Business district revenue and obligations;

7 business district tax allocation fund.

8  (a) If the corporate authorities of a municipality have

9 approved a business district plan, have designated a business

10 district, and have elected to impose a tax by ordinance

11 pursuant to subsection (10) or (11) of Section 11-74.3-3, then

12 each year after the date of the approval of the ordinance but

13 terminating upon the date all business district project costs

14 and all obligations paying or reimbursing business district

15 project costs, if any, have been paid, but in no event later

16 than the dissolution date, all amounts generated by the

17 retailers' occupation tax and service occupation tax shall be

18 collected and the tax shall be enforced by the Department of

19 Revenue in the same manner as all retailers' occupation taxes

20 and service occupation taxes imposed in the municipality

21 imposing the tax and all amounts generated by the hotel

22 operators' occupation tax shall be collected and the tax shall

23 be enforced by the municipality in the same manner as all hotel

24 operators' occupation taxes imposed in the municipality

25 imposing the tax. The corporate authorities of the
   SB3019 Enrolled  - 413 - LRB104 20255 HLH 33706 b

1 municipality shall deposit the proceeds of the taxes imposed

2 under subsections (10) and (11) of Section 11-74.3-3 into a

3 special fund of the municipality called the "[Name of]

4 Business District Tax Allocation Fund" for the purpose of

5 paying or reimbursing business district project costs and

6 obligations incurred in the payment of those costs.

7  (b) The corporate authorities of a municipality that has

8 designated a business district under this Law may, by

9 ordinance, impose a Business District Retailers' Occupation

10 Tax upon all persons engaged in the business of selling

11 tangible personal property, other than an item of tangible

12 personal property titled or registered with an agency of this

13 State's government, at retail in the business district at a

14 rate not to exceed 1% of the gross receipts from the sales made

15 in the course of such business, to be imposed only in 0.25%

16 increments. The tax may not be imposed on tangible personal

17 property taxed at the rate of 1% under the Retailers'

18 Occupation Tax Act (or at the 0% rate imposed under this

19 amendatory Act of the 102nd General Assembly). Beginning

20 December 1, 2019 and through December 31, 2020, this tax is not

21 imposed on sales of aviation fuel unless the tax revenue is

22 expended for airport-related purposes. If the District does

23 not have an airport-related purpose to which it dedicates

24 aviation fuel tax revenue, then aviation fuel is excluded from

25 the tax. Each municipality must comply with the certification

26 requirements for airport-related purposes under Section 2-22
   SB3019 Enrolled  - 414 - LRB104 20255 HLH 33706 b

1 of the Retailers' Occupation Tax Act. For purposes of this

2 Section, "airport-related purposes" has the meaning ascribed

3 in Section 6z-20.2 of the State Finance Act. Beginning January

4 1, 2021, this tax is not imposed on sales of aviation fuel for

5 so long as the revenue use requirements of 49 U.S.C. 47107(b)

6 and 49 U.S.C. 47133 are binding on the District.

7  The tax imposed under this subsection and all civil

8 penalties that may be assessed as an incident thereof shall be

9 collected and enforced by the Department of Revenue. The

10 certificate of registration that is issued by the Department

11 to a retailer under the Retailers' Occupation Tax Act shall

12 permit the retailer to engage in a business that is taxable

13 under any ordinance or resolution enacted pursuant to this

14 subsection without registering separately with the Department

15 under such ordinance or resolution or under this subsection.

16 The Department of Revenue shall have full power to administer

17 and enforce this subsection; to collect all taxes and

18 penalties due under this subsection in the manner hereinafter

19 provided; and to determine all rights to credit memoranda

20 arising on account of the erroneous payment of tax or penalty

21 under this subsection. In the administration of, and

22 compliance with, this subsection, the Department and persons

23 who are subject to this subsection shall have the same rights,

24 remedies, privileges, immunities, powers and duties, and be

25 subject to the same conditions, restrictions, limitations,

26 penalties, exclusions, exemptions, and definitions of terms
    SB3019 Enrolled  - 415 - LRB104 20255 HLH 33706 b

1 and employ the same modes of procedure, as are prescribed in

2 Sections 1, 1a through 1o, 2 through 2-65 (in respect to all

3 provisions therein other than the State rate of tax), 2c

4 through 2h, 3 (except as to the disposition of taxes and

5 penalties collected, and except that the retailer's discount

6 is not allowed for taxes paid on aviation fuel that are subject

7 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

8 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k,

9 5l, 5m, 5n, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of

10 the Retailers' Occupation Tax Act and all provisions of the

11 Uniform Penalty and Interest Act, as fully as if those

12 provisions were set forth herein.

13  Persons subject to any tax imposed under this subsection

14 may reimburse themselves for their seller's tax liability

15 under this subsection by separately stating the tax as an

16 additional charge, which charge may be stated in combination,

17 in a single amount, with State taxes that sellers are required

18 to collect under the Use Tax Act, in accordance with such

19 bracket schedules as the Department may prescribe.

20  Whenever the Department determines that a refund should be

21 made under this subsection to a claimant instead of issuing a

22 credit memorandum, the Department shall notify the State

23 Comptroller, who shall cause the order to be drawn for the

24 amount specified and to the person named in the notification

25 from the Department. The refund shall be paid by the State

26 Treasurer out of the business district retailers' occupation
    SB3019 Enrolled  - 416 - LRB104 20255 HLH 33706 b

1 tax fund or the Local Government Aviation Trust Fund, as

2 appropriate.

3   Except as otherwise provided in this paragraph, the

4 Department shall immediately pay over to the State Treasurer,

5 ex officio, as trustee, all taxes, penalties, and interest

6 collected under this subsection for deposit into the business

7 district retailers' occupation tax fund. Taxes and penalties

8 collected on aviation fuel sold on or after December 1, 2019,

9 shall be immediately paid over by the Department to the State

10 Treasurer, ex officio, as trustee, for deposit into the Local

11 Government Aviation Trust Fund. The Department shall only pay

12 moneys into the Local Government Aviation Trust Fund under

13 this Section for so long as the revenue use requirements of 49

14 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

15 District.

16  As soon as possible after the first day of each month,

17 beginning January 1, 2011, upon certification of the

18 Department of Revenue, the Comptroller shall order

19 transferred, and the Treasurer shall transfer, to the STAR

20 Bonds Revenue Fund the local sales tax increment, as defined

21 in the Innovation Development and Economy Act, collected under

22 this subsection during the second preceding calendar month for

23 sales within a STAR bond district.

24  After the monthly transfer to the STAR Bonds Revenue Fund,

25 on or before the 25th day of each calendar month, the

26 Department shall prepare and certify to the Comptroller the
SB3019 Enrolled  - 417 - LRB104 20255 HLH 33706 b

 1 disbursement of stated sums of money to named municipalities
 2 from the business district retailers' occupation tax fund, the
 3 municipalities to be those from which retailers have paid
 4 taxes or penalties under this subsection to the Department
 5 during the second preceding calendar month. The amount to be
 6 paid to each municipality shall be the amount (not including
 7 credit memoranda and not including taxes and penalties
 8 collected on aviation fuel sold on or after December 1, 2019)
 9 collected under this subsection during the second preceding
10 calendar month by the Department plus an amount the Department
11 determines is necessary to offset any amounts that were
12 erroneously paid to a different taxing body, and not including
13 an amount equal to the amount of refunds made during the second
14 preceding calendar month by the Department, less 2% of that
15 amount (except the amount collected on aviation fuel sold on
16 or after December 1, 2019), which shall be deposited into the
17 Tax Compliance and Administration Fund and shall be used by
18 the Department, subject to appropriation, to cover the costs
19 of the Department in administering and enforcing the
20 provisions of this subsection, on behalf of such municipality,
21 and not including any amount that the Department determines is
22 necessary to offset any amounts that were payable to a
23 different taxing body but were erroneously paid to the
24 municipality, and not including any amounts that are
25 transferred to the STAR Bonds Revenue Fund. Within 10 days
26 after receipt by the Comptroller of the disbursement
    SB3019 Enrolled  - 418 - LRB104 20255 HLH 33706 b

1 certification to the municipalities provided for in this

2 subsection to be given to the Comptroller by the Department,

3 the Comptroller shall cause the orders to be drawn for the

4 respective amounts in accordance with the directions contained

5 in the certification. The proceeds of the tax paid to

6 municipalities under this subsection shall be deposited into

7 the Business District Tax Allocation Fund by the municipality.

8   An ordinance imposing or discontinuing the tax under this

9 subsection or effecting a change in the rate thereof shall

10 either (i) be adopted and a certified copy thereof filed with

11 the Department on or before the first day of April, whereupon

12 the Department, if all other requirements of this subsection

13 are met, shall proceed to administer and enforce this

14 subsection as of the first day of July next following the

15 adoption and filing; or (ii) be adopted and a certified copy

16 thereof filed with the Department on or before the first day of

17 October, whereupon, if all other requirements of this

18 subsection are met, the Department shall proceed to administer

19 and enforce this subsection as of the first day of January next

20 following the adoption and filing.

21  The Department of Revenue shall not administer or enforce

22 an ordinance imposing, discontinuing, or changing the rate of

23 the tax under this subsection, until the municipality also

24 provides, in the manner prescribed by the Department, the

25 boundaries of the business district and each address in the

26 business district in such a way that the Department can
SB3019 Enrolled  - 419 - LRB104 20255 HLH 33706 b

 1 determine by its address whether a business is located in the
 2 business district. The municipality must provide this boundary
 3 and address information to the Department on or before April 1
 4 for administration and enforcement of the tax under this
 5 subsection by the Department beginning on the following July 1
 6 and on or before October 1 for administration and enforcement
 7 of the tax under this subsection by the Department beginning
 8 on the following January 1. The Department of Revenue shall
 9 not administer or enforce any change made to the boundaries of
10 a business district or address change, addition, or deletion
11 until the municipality reports the boundary change or address
12 change, addition, or deletion to the Department in the manner
13 prescribed by the Department. The municipality must provide
14 this boundary change information or address change, addition,
15 or deletion to the Department on or before April 1 for
16 administration and enforcement by the Department of the change
17 beginning on the following July 1 and on or before October 1
18 for administration and enforcement by the Department of the
19 change beginning on the following January 1. The retailers in
20 the business district shall be responsible for charging the
21 tax imposed under this subsection. If a retailer is
22 incorrectly included or excluded from the list of those
23 required to collect the tax under this subsection, both the
24 Department of Revenue and the retailer shall be held harmless
25 if they reasonably relied on information provided by the
26 municipality.
    SB3019 Enrolled        - 420 - LRB104 20255 HLH 33706 b

1   A municipality that imposes the tax under this subsection

2 must submit to the Department of Revenue any other information

3 as the Department may require for the administration and

4 enforcement of the tax.

5   When certifying the amount of a monthly disbursement to a

6 municipality under this subsection, the Department shall

7 increase or decrease the amount by an amount necessary to

8 offset any misallocation of previous disbursements. The offset

9 amount shall be the amount erroneously disbursed within the

10 previous 6 months from the time a misallocation is discovered.

11  Nothing in this subsection shall be construed to authorize

12 the municipality to impose a tax upon the privilege of

13 engaging in any business which under the Constitution of the

14 United States may not be made the subject of taxation by this

15 State.

16  If a tax is imposed under this subsection (b), a tax shall

17 also be imposed under subsection (c) of this Section.

18  (c) If a tax has been imposed under subsection (b), a

19 Business District Service Occupation Tax shall also be imposed

20 upon all persons engaged, in the business district, in the

21 business of making sales of service, who, as an incident to

22 making those sales of service, transfer tangible personal

23 property within the business district, either in the form of

24 tangible personal property or in the form of real estate as an

25 incident to a sale of service. The tax shall be imposed at the

26 same rate as the tax imposed in subsection (b) and shall not
    SB3019 Enrolled          - 421 - LRB104 20255 HLH 33706 b

1 exceed 1% of the selling price of tangible personal property

2 so transferred within the business district, to be imposed

3 only in 0.25% increments. The tax may not be imposed on

4 tangible personal property taxed at the 1% rate under the

5 Service Occupation Tax Act (or at the 0% rate imposed under

6 this amendatory Act of the 102nd General Assembly). Beginning

7 December 1, 2019, this tax is not imposed on sales of aviation

8 fuel unless the tax revenue is expended for airport-related

9 purposes. If the District does not have an airport-related

10 purpose to which it dedicates aviation fuel tax revenue, then

11 aviation fuel is excluded from the tax. Each municipality must

12 comply with the certification requirements for airport-related

13 purposes under Section 2-22 of the Retailers' Occupation Tax

14 Act. For purposes of this Act, "airport-related purposes" has

15 the meaning ascribed in Section 6z-20.2 of the State Finance

16 Act. Beginning January 1, 2021, this tax is not imposed on

17 sales of aviation fuel for so long as the revenue use

18 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

19 binding on the District.

20  The tax imposed under this subsection and all civil

21 penalties that may be assessed as an incident thereof shall be

22 collected and enforced by the Department of Revenue. The

23 certificate of registration which is issued by the Department

24 to a retailer under the Retailers' Occupation Tax Act or under

25 the Service Occupation Tax Act shall permit such registrant to

26 engage in a business which is taxable under any ordinance or
SB3019 Enrolled  - 422 - LRB104 20255 HLH 33706 b

 1 resolution enacted pursuant to this subsection without
 2 registering separately with the Department under such
 3 ordinance or resolution or under this subsection. The
 4 Department of Revenue shall have full power to administer and
 5 enforce this subsection; to collect all taxes and penalties
 6 due under this subsection; to dispose of taxes and penalties
 7 so collected in the manner hereinafter provided; and to
 8 determine all rights to credit memoranda arising on account of
 9 the erroneous payment of tax or penalty under this subsection.
10 In the administration of, and compliance with this subsection,
11 the Department and persons who are subject to this subsection
12 shall have the same rights, remedies, privileges, immunities,
13 powers and duties, and be subject to the same conditions,
14 restrictions, limitations, penalties, exclusions, exemptions,
15 and definitions of terms and employ the same modes of
16 procedure as are prescribed in Sections 2, 2a through 2d, 3
17 through 3-50 (in respect to all provisions therein other than
18 the State rate of tax), 4 (except that the reference to the
19 State shall be to the business district), 5, 7, 8 (except that
20 the jurisdiction to which the tax shall be a debt to the extent
21 indicated in that Section 8 shall be the municipality), 9
22 (except as to the disposition of taxes and penalties
23 collected, and except that the returned merchandise credit for
24 this tax may not be taken against any State tax, and except
25 that the retailer's discount is not allowed for taxes paid on
26 aviation fuel that are subject to the revenue use requirements
    SB3019 Enrolled           - 423 - LRB104 20255 HLH 33706 b

1 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except

2 the reference therein to Section 2b of the Retailers'

3 Occupation Tax Act), 13 (except that any reference to the

4 State shall mean the municipality), the first paragraph of

5 Section 15, and Sections 16, 17, 18, 19 and 20 of the Service

6 Occupation Tax Act and all provisions of the Uniform Penalty

7 and Interest Act, as fully as if those provisions were set

8 forth herein.

9   Persons subject to any tax imposed under the authority

10 granted in this subsection may reimburse themselves for their

11 serviceman's tax liability hereunder by separately stating the

12 tax as an additional charge, which charge may be stated in

13 combination, in a single amount, with State tax that

14 servicemen are authorized to collect under the Service Use Tax

15 Act, in accordance with such bracket schedules as the

16 Department may prescribe.

17  Whenever the Department determines that a refund should be

18 made under this subsection to a claimant instead of issuing

19 credit memorandum, the Department shall notify the State

20 Comptroller, who shall cause the order to be drawn for the

21 amount specified, and to the person named, in such

22 notification from the Department. Such refund shall be paid by

23 the State Treasurer out of the business district retailers'

24 occupation tax fund or the Local Government Aviation Trust

25 Fund, as appropriate.

26  Except as otherwise provided in this paragraph, the
    SB3019 Enrolled  - 424 - LRB104 20255 HLH 33706 b

1 Department shall forthwith pay over to the State Treasurer,

2 ex-officio, as trustee, all taxes, penalties, and interest

3 collected under this subsection for deposit into the business

4 district retailers' occupation tax fund. Taxes and penalties

5 collected on aviation fuel sold on or after December 1, 2019,

6 shall be immediately paid over by the Department to the State

7 Treasurer, ex officio, as trustee, for deposit into the Local

8 Government Aviation Trust Fund. The Department shall only pay

9 moneys into the Local Government Aviation Trust Fund under

10 this Section for so long as the revenue use requirements of 49

11 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

12 District.

13  As soon as possible after the first day of each month,

14 beginning January 1, 2011, upon certification of the

15 Department of Revenue, the Comptroller shall order

16 transferred, and the Treasurer shall transfer, to the STAR

17 Bonds Revenue Fund the local sales tax increment, as defined

18 in the Innovation Development and Economy Act, collected under

19 this subsection during the second preceding calendar month for

20 sales within a STAR bond district.

21  After the monthly transfer to the STAR Bonds Revenue Fund,

22 on or before the 25th day of each calendar month, the

23 Department shall prepare and certify to the Comptroller the

24 disbursement of stated sums of money to named municipalities

25 from the business district retailers' occupation tax fund, the

26 municipalities to be those from which suppliers and servicemen
    SB3019 Enrolled  - 425 - LRB104 20255 HLH 33706 b

1 have paid taxes or penalties under this subsection to the

2 Department during the second preceding calendar month. The

3 amount to be paid to each municipality shall be the amount (not

4 including credit memoranda and not including taxes and

5 penalties collected on aviation fuel sold on or after December

6 1, 2019) collected under this subsection during the second

7 preceding calendar month by the Department, less 2% of that

8 amount (except the amount collected on aviation fuel sold on

9 or after December 1, 2019), which shall be deposited into the

10 Tax Compliance and Administration Fund and shall be used by

11 the Department, subject to appropriation, to cover the costs

12 of the Department in administering and enforcing the

13 provisions of this subsection, and not including an amount

14 equal to the amount of refunds made during the second

15 preceding calendar month by the Department on behalf of such

16 municipality, and not including any amounts that are

17 transferred to the STAR Bonds Revenue Fund. Within 10 days

18 after receipt, by the Comptroller, of the disbursement

19 certification to the municipalities, provided for in this

20 subsection to be given to the Comptroller by the Department,

21 the Comptroller shall cause the orders to be drawn for the

22 respective amounts in accordance with the directions contained

23 in such certification. The proceeds of the tax paid to

24 municipalities under this subsection shall be deposited into

25 the Business District Tax Allocation Fund by the municipality.

26  An ordinance imposing or discontinuing the tax under this
    SB3019 Enrolled  - 426 - LRB104 20255 HLH 33706 b

1 subsection or effecting a change in the rate thereof shall

2 either (i) be adopted and a certified copy thereof filed with

3 the Department on or before the first day of April, whereupon

4 the Department, if all other requirements of this subsection

5 are met, shall proceed to administer and enforce this

6 subsection as of the first day of July next following the

7 adoption and filing; or (ii) be adopted and a certified copy

8 thereof filed with the Department on or before the first day of

9 October, whereupon, if all other conditions of this subsection

10 are met, the Department shall proceed to administer and

11 enforce this subsection as of the first day of January next

12 following the adoption and filing.

13  The Department of Revenue shall not administer or enforce

14 an ordinance imposing, discontinuing, or changing the rate of

15 the tax under this subsection, until the municipality also

16 provides, in the manner prescribed by the Department, the

17 boundaries of the business district in such a way that the

18 Department can determine by its address whether a business is

19 located in the business district. The municipality must

20 provide this boundary and address information to the

21 Department on or before April 1 for administration and

22 enforcement of the tax under this subsection by the Department

23 beginning on the following July 1 and on or before October 1

24 for administration and enforcement of the tax under this

25 subsection by the Department beginning on the following

26 January 1. The Department of Revenue shall not administer or
    SB3019 Enrolled         - 427 - LRB104 20255 HLH 33706 b

1 enforce any change made to the boundaries of a business

2 district or address change, addition, or deletion until the

3 municipality reports the boundary change or address change,

4 addition, or deletion to the Department in the manner

5 prescribed by the Department. The municipality must provide

6 this boundary change information or address change, addition,

7 or deletion to the Department on or before April 1 for

8 administration and enforcement by the Department of the change

9 beginning on the following July 1 and on or before October 1

10 for administration and enforcement by the Department of the

11 change beginning on the following January 1. The retailers in

12 the business district shall be responsible for charging the

13 tax imposed under this subsection. If a retailer is

14 incorrectly included or excluded from the list of those

15 required to collect the tax under this subsection, both the

16 Department of Revenue and the retailer shall be held harmless

17 if they reasonably relied on information provided by the

18 municipality.

19  A municipality that imposes the tax under this subsection

20 must submit to the Department of Revenue any other information

21 as the Department may require for the administration and

22 enforcement of the tax.

23  Nothing in this subsection shall be construed to authorize

24 the municipality to impose a tax upon the privilege of

25 engaging in any business which under the Constitution of the

26 United States may not be made the subject of taxation by the
    SB3019 Enrolled         - 428 - LRB104 20255 HLH 33706 b

1 State.

2   If a tax is imposed under this subsection (c), a tax shall

3 also be imposed under subsection (b) of this Section.

4   (c-5) If, on January 1, 2025, a unit of local government

5 has in effect a tax under this Section, or if, after January 1,

6 2025, a unit of local government imposes a tax under this

7 Section, then that tax applies to leases of tangible personal

8 property in effect, entered into, or renewed on or after that

9 date in the same manner as the tax under this Section and in

10 accordance with the changes made by this amendatory Act of the

11 103rd General Assembly.

12  (d) By ordinance, a municipality that has designated a

13 business district under this Law may impose an occupation tax

14 upon all persons engaged in the business district in the

15 business of renting, leasing, or letting rooms in a hotel, as

16 defined in the Hotel Operators' Occupation Tax Act, at a rate

17 not to exceed 1% of the gross rental receipts from the renting,

18 leasing, or letting of hotel rooms within the business

19 district, to be imposed only in 0.25% increments, excluding,

20 however, from gross rental receipts the proceeds of renting,

21 leasing, or letting to permanent residents of a hotel, as

22 defined in the Hotel Operators' Occupation Tax Act, and

23 proceeds from the tax imposed under subsection (c) of Section

24 13 of the Metropolitan Pier and Exposition Authority Act.

25  The tax imposed by the municipality under this subsection

26 and all civil penalties that may be assessed as an incident to
    SB3019 Enrolled  - 429 - LRB104 20255 HLH 33706 b

1 that tax shall be collected and enforced by the municipality

2 imposing the tax. The municipality shall have full power to

3 administer and enforce this subsection, to collect all taxes

4 and penalties due under this subsection, to dispose of taxes

5 and penalties so collected in the manner provided in this

6 subsection, and to determine all rights to credit memoranda

7 arising on account of the erroneous payment of tax or penalty

8 under this subsection. In the administration of and compliance

9 with this subsection, the municipality and persons who are

10 subject to this subsection shall have the same rights,

11 remedies, privileges, immunities, powers, and duties, shall be

12 subject to the same conditions, restrictions, limitations,

13 penalties, and definitions of terms, and shall employ the same

14 modes of procedure as are employed with respect to a tax

15 adopted by the municipality under Section 8-3-14 of this Code.

16  Persons subject to any tax imposed under the authority

17 granted in this subsection may reimburse themselves for their

18 tax liability for that tax by separately stating that tax as an

19 additional charge, which charge may be stated in combination,

20 in a single amount, with State taxes imposed under the Hotel

21 Operators' Occupation Tax Act, and with any other tax.

22  Nothing in this subsection shall be construed to authorize

23 a municipality to impose a tax upon the privilege of engaging

24 in any business which under the Constitution of the United

25 States may not be made the subject of taxation by this State.

26  The proceeds of the tax imposed under this subsection
   SB3019 Enrolled  - 430 - LRB104 20255 HLH 33706 b

1 shall be deposited into the Business District Tax Allocation

2 Fund.

3  (e) Obligations secured by the Business District Tax

4 Allocation Fund may be issued to provide for the payment or

5 reimbursement of business district project costs. Those

6 obligations, when so issued, shall be retired in the manner

7 provided in the ordinance authorizing the issuance of those

8 obligations by the receipts of taxes imposed pursuant to

9 subsections (10) and (11) of Section 11-74.3-3 and by other

10 revenue designated or pledged by the municipality. A

11 municipality may in the ordinance pledge, for any period of

12 time up to and including the dissolution date, all or any part

13 of the funds in and to be deposited in the Business District

14 Tax Allocation Fund to the payment of business district

15 project costs and obligations. Whenever a municipality pledges

16 all of the funds to the credit of a business district tax

17 allocation fund to secure obligations issued or to be issued

18 to pay or reimburse business district project costs, the

19 municipality may specifically provide that funds remaining to

20 the credit of such business district tax allocation fund after

21 the payment of such obligations shall be accounted for

22 annually and shall be deemed to be "surplus" funds, and such

23 "surplus" funds shall be expended by the municipality for any

24 business district project cost as approved in the business

25 district plan. Whenever a municipality pledges less than all

26 of the monies to the credit of a business district tax
    SB3019 Enrolled  - 431 - LRB104 20255 HLH 33706 b

1 allocation fund to secure obligations issued or to be issued

2 to pay or reimburse business district project costs, the

3 municipality shall provide that monies to the credit of the

4 business district tax allocation fund and not subject to such

5 pledge or otherwise encumbered or required for payment of

6 contractual obligations for specific business district project

7 costs shall be calculated annually and shall be deemed to be

8 "surplus" funds, and such "surplus" funds shall be expended by

9 the municipality for any business district project cost as

10 approved in the business district plan.

11  No obligation issued pursuant to this Law and secured by a

12 pledge of all or any portion of any revenues received or to be

13 received by the municipality from the imposition of taxes

14 pursuant to subsection (10) of Section 11-74.3-3, shall be

15 deemed to constitute an economic incentive agreement under

16 Section 8-11-20, notwithstanding the fact that such pledge

17 provides for the sharing, rebate, or payment of retailers'

18 occupation taxes or service occupation taxes imposed pursuant

19 to subsection (10) of Section 11-74.3-3 and received or to be

20 received by the municipality from the development or

21 redevelopment of properties in the business district.

22  Without limiting the foregoing in this Section, the

23 municipality may further secure obligations secured by the

24 business district tax allocation fund with a pledge, for a

25 period not greater than the term of the obligations and in any

26 case not longer than the dissolution date, of any part or any
    SB3019 Enrolled  - 432 - LRB104 20255 HLH 33706 b

1 combination of the following: (i) net revenues of all or part

2 of any business district project; (ii) taxes levied or imposed

3 by the municipality on any or all property in the

4 municipality, including, specifically, taxes levied or imposed

5 by the municipality in a special service area pursuant to the

6 Special Service Area Tax Law; (iii) the full faith and credit

7 of the municipality; (iv) a mortgage on part or all of the

8 business district project; or (v) any other taxes or

9 anticipated receipts that the municipality may lawfully

10 pledge.

11  Such obligations may be issued in one or more series, bear

12 such date or dates, become due at such time or times as therein

13 provided, but in any case not later than (i) 20 years after the

14 date of issue or (ii) the dissolution date, whichever is

15 earlier, bear interest payable at such intervals and at such

16 rate or rates as set forth therein, except as may be limited by

17 applicable law, which rate or rates may be fixed or variable,

18 be in such denominations, be in such form, either coupon,

19 registered, or book-entry, carry such conversion, registration

20 and exchange privileges, be subject to defeasance upon such

21 terms, have such rank or priority, be executed in such manner,

22 be payable in such medium or payment at such place or places

23 within or without the State, make provision for a corporate

24 trustee within or without the State with respect to such

25 obligations, prescribe the rights, powers, and duties thereof

26 to be exercised for the benefit of the municipality and the
    SB3019 Enrolled           - 433 - LRB104 20255 HLH 33706 b

1 benefit of the owners of such obligations, provide for the

2 holding in trust, investment, and use of moneys, funds, and

3 accounts held under an ordinance, provide for assignment of

4 and direct payment of the moneys to pay such obligations or to

5 be deposited into such funds or accounts directly to such

6 trustee, be subject to such terms of redemption with or

7 without premium, and be sold at such price, all as the

8 corporate authorities shall determine. No referendum approval

9 of the electors shall be required as a condition to the

10 issuance of obligations pursuant to this Law except as

11 provided in this Section.

12  In the event the municipality authorizes the issuance of

13 obligations pursuant to the authority of this Law secured by

14 the full faith and credit of the municipality, or pledges ad

15 valorem taxes pursuant to this subsection, which obligations

16 are other than obligations which may be issued under home rule

17 powers provided by Section 6 of Article VII of the Illinois

18 Constitution or which ad valorem taxes are other than ad

19 valorem taxes which may be pledged under home rule powers

20 provided by Section 6 of Article VII of the Illinois

21 Constitution or which are levied in a special service area

22 pursuant to the Special Service Area Tax Law, the ordinance

23 authorizing the issuance of those obligations or pledging

24 those taxes shall be published within 10 days after the

25 ordinance has been adopted, in a newspaper having a general

26 circulation within the municipality. The publication of the
   SB3019 Enrolled  - 434 - LRB104 20255 HLH 33706 b

1 ordinance shall be accompanied by a notice of (i) the specific

2 number of voters required to sign a petition requesting the

3 question of the issuance of the obligations or pledging such

4 ad valorem taxes to be submitted to the electors; (ii) the time

5 within which the petition must be filed; and (iii) the date of

6 the prospective referendum. The municipal clerk shall provide

7 a petition form to any individual requesting one.

8  If no petition is filed with the municipal clerk, as

9 hereinafter provided in this Section, within 21 days after the

10 publication of the ordinance, the ordinance shall be in

11 effect. However, if within that 21-day period a petition is

12 filed with the municipal clerk, signed by electors numbering

13 not less than 15% of the number of electors voting for the

14 mayor or president at the last general municipal election,

15 asking that the question of issuing obligations using full

16 faith and credit of the municipality as security for the cost

17 of paying or reimbursing business district project costs, or

18 of pledging such ad valorem taxes for the payment of those

19 obligations, or both, be submitted to the electors of the

20 municipality, the municipality shall not be authorized to

21 issue obligations of the municipality using the full faith and

22 credit of the municipality as security or pledging such ad

23 valorem taxes for the payment of those obligations, or both,

24 until the proposition has been submitted to and approved by a

25 majority of the voters voting on the proposition at a

26 regularly scheduled election. The municipality shall certify
    SB3019 Enrolled  - 435 - LRB104 20255 HLH 33706 b

1 the proposition to the proper election authorities for

2 submission in accordance with the general election law.

3   The ordinance authorizing the obligations may provide that

4 the obligations shall contain a recital that they are issued

5 pursuant to this Law, which recital shall be conclusive

6 evidence of their validity and of the regularity of their

7 issuance.

8   In the event the municipality authorizes issuance of

9 obligations pursuant to this Law secured by the full faith and

10 credit of the municipality, the ordinance authorizing the

11 obligations may provide for the levy and collection of a

12 direct annual tax upon all taxable property within the

13 municipality sufficient to pay the principal thereof and

14 interest thereon as it matures, which levy may be in addition

15 to and exclusive of the maximum of all other taxes authorized

16 to be levied by the municipality, which levy, however, shall

17 be abated to the extent that monies from other sources are

18 available for payment of the obligations and the municipality

19 certifies the amount of those monies available to the county

20 clerk.

21  A certified copy of the ordinance shall be filed with the

22 county clerk of each county in which any portion of the

23 municipality is situated, and shall constitute the authority

24 for the extension and collection of the taxes to be deposited

25 in the business district tax allocation fund.

26  A municipality may also issue its obligations to refund,
    SB3019 Enrolled  - 436 - LRB104 20255 HLH 33706 b

1 in whole or in part, obligations theretofore issued by the

2 municipality under the authority of this Law, whether at or

3 prior to maturity. However, the last maturity of the refunding

4 obligations shall not be expressed to mature later than the

5 dissolution date.

6   In the event a municipality issues obligations under home

7 rule powers or other legislative authority, the proceeds of

8 which are pledged to pay or reimburse business district

9 project costs, the municipality may, if it has followed the

10 procedures in conformance with this Law, retire those

11 obligations from funds in the business district tax allocation

12 fund in amounts and in such manner as if those obligations had

13 been issued pursuant to the provisions of this Law.

14  No obligations issued pursuant to this Law shall be

15 regarded as indebtedness of the municipality issuing those

16 obligations or any other taxing district for the purpose of

17 any limitation imposed by law.

18  Obligations issued pursuant to this Law shall not be

19 subject to the provisions of the Bond Authorization Act.

20  (f) When business district project costs, including,

21 without limitation, all obligations paying or reimbursing

22 business district project costs have been paid, any surplus

23 funds then remaining in the Business District Tax Allocation

24 Fund shall be distributed to the municipal treasurer for

25 deposit into the general corporate fund of the municipality.

26 Upon payment of all business district project costs and
    SB3019 Enrolled       - 437 - LRB104 20255 HLH 33706 b

1 retirement of all obligations paying or reimbursing business
2 district project costs, but in no event more than 23 years
3 after the date of adoption of the ordinance imposing taxes
4 pursuant to subsection (10) or (11) of Section 11-74.3-3, the
5 municipality shall adopt an ordinance immediately rescinding
6 the taxes imposed pursuant to subsection (10) or (11) of
7 Section 11-74.3-3.
8 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

9   Section 70-80. The Civic Center Code is amended by

10 changing Section 245-12 as follows:

11  (70 ILCS 200/245-12)

12  Sec. 245-12. Use and occupation taxes.

13  (a) The Authority may adopt a resolution that authorizes a

14 referendum on the question of whether the Authority shall be

15 authorized to impose a retailers' occupation tax, a service

16 occupation tax, and a use tax in one-quarter percent

17 increments at a rate not to exceed 1%. The Authority shall

18 certify the question to the proper election authorities who

19 shall submit the question to the voters of the metropolitan

20 area at the next regularly scheduled election in accordance

21 with the general election law. The question shall be in

22 substantially the following form:

23  "Shall the Salem Civic Center Authority be authorized to

24  impose a retailers' occupation tax, a service occupation
   SB3019 Enrolled            - 438 - LRB104 20255 HLH 33706 b

1  tax, and a use tax at the rate of (rate) for the sole

2  purpose of obtaining funds for the support, construction,

3  maintenance, or financing of a facility of the Authority?"

4  Votes shall be recorded as "yes" or "no".

5  If a majority of all votes cast on the proposition are in

6 favor of the proposition, the Authority is authorized to

7 impose the tax.

8  (b) The Authority shall impose the retailers' occupation

9 tax upon all persons engaged in the business of selling

10 tangible personal property at retail in the metropolitan area,

11 at the rate approved by referendum, on the gross receipts from

12 the sales made in the course of such business within the

13 metropolitan area. Beginning December 1, 2019 and through

14 December 31, 2020, this tax is not imposed on sales of aviation

15 fuel unless the tax revenue is expended for airport-related

16 purposes. If the Authority does not have an airport-related

17 purpose to which it dedicates aviation fuel tax revenue, then

18 aviation fuel is excluded from the tax. The Authority must

19 comply with the certification requirements for airport-related

20 purposes under Section 2-22 of the Retailers' Occupation Tax

21 Act. For purposes of this Section, "airport-related purposes"

22 has the meaning ascribed in Section 6z-20.2 of the State

23 Finance Act. Beginning January 1, 2021, this tax is not

24 imposed on sales of aviation fuel for so long as the revenue

25 use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

26 binding on the Authority.
   SB3019 Enrolled  - 439 - LRB104 20255 HLH 33706 b

1  The tax imposed under this Section and all civil penalties

2 that may be assessed as an incident thereof shall be collected

3 and enforced by the Department of Revenue. The Department has

4 full power to administer and enforce this Section; to collect

5 all taxes and penalties so collected in the manner provided in

6 this Section; and to determine all rights to credit memoranda

7 arising on account of the erroneous payment of tax or penalty

8 hereunder. In the administration of, and compliance with, this

9 Section, the Department and persons who are subject to this

10 Section shall (i) have the same rights, remedies, privileges,

11 immunities, powers and duties, (ii) be subject to the same

12 conditions, restrictions, limitations, penalties, exclusions,

13 exemptions, and definitions of terms, and (iii) employ the

14 same modes of procedure as are prescribed in Sections 1, 1a,

15 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10

16 (in respect to all provisions therein other than the State

17 rate of tax), 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except as

18 to the disposition of taxes and penalties collected and

19 provisions related to quarter monthly payments, and except

20 that the retailer's discount is not allowed for taxes paid on

21 aviation fuel that are subject to the revenue use requirements

22 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

23 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 7, 8, 9,

24 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act

25 and Section 3-7 of the Uniform Penalty and Interest Act, as

26 fully as if those provisions were set forth in this
    SB3019 Enrolled  - 440 - LRB104 20255 HLH 33706 b

1 subsection.

2   Persons subject to any tax imposed under this subsection

3 may reimburse themselves for their seller's tax liability by

4 separately stating the tax as an additional charge, which

5 charge may be stated in combination, in a single amount, with

6 State taxes that sellers are required to collect, in

7 accordance with such bracket schedules as the Department may

8 prescribe.

9   Whenever the Department determines that a refund should be

10 made under this subsection to a claimant instead of issuing a

11 credit memorandum, the Department shall notify the State

12 Comptroller, who shall cause the warrant to be drawn for the

13 amount specified, and to the person named, in the notification

14 from the Department. The refund shall be paid by the State

15 Treasurer out of the tax fund referenced under paragraph (g)

16 of this Section or the Local Government Aviation Trust Fund,

17 as appropriate.

18  If a tax is imposed under this subsection (b), a tax shall

19 also be imposed at the same rate under subsections (c) and (d)

20 of this Section.

21  For the purpose of determining whether a tax authorized

22 under this Section is applicable, a retail sale, by a producer

23 of coal or other mineral mined in Illinois, is a sale at retail

24 at the place where the coal or other mineral mined in Illinois

25 is extracted from the earth. This paragraph does not apply to

26 coal or other mineral when it is delivered or shipped by the
    SB3019 Enrolled  - 441 - LRB104 20255 HLH 33706 b

1 seller to the purchaser at a point outside Illinois so that the

2 sale is exempt under the Federal Constitution as a sale in

3 interstate or foreign commerce.

4   Nothing in this Section shall be construed to authorize

5 the Authority to impose a tax upon the privilege of engaging in

6 any business which under the Constitution of the United States

7 may not be made the subject of taxation by this State.

8   (c) If a tax has been imposed under subsection (b), a

9 service occupation tax shall also be imposed at the same rate

10 upon all persons engaged, in the metropolitan area, in the

11 business of making sales of service, who, as an incident to

12 making those sales of service, transfer tangible personal

13 property within the metropolitan area as an incident to a sale

14 of service. The tax imposed under this subsection and all

15 civil penalties that may be assessed as an incident thereof

16 shall be collected and enforced by the Department of Revenue.

17  Beginning December 1, 2019 and through December 31, 2020,

18 this tax is not imposed on sales of aviation fuel unless the

19 tax revenue is expended for airport-related purposes. If the

20 Authority does not have an airport-related purpose to which it

21 dedicates aviation fuel tax revenue, then aviation fuel is

22 excluded from the tax. The Authority must comply with the

23 certification requirements for airport-related purposes under

24 Section 2-22 of the Retailers' Occupation Tax Act. Beginning

25 January 1, 2021, this tax is not imposed on sales of aviation

26 fuel for so long as the revenue use requirements of 49 U.S.C.
   SB3019 Enrolled  - 442 - LRB104 20255 HLH 33706 b

1 47107(b) and 49 U.S.C. 47133 are binding on the Authority.

2  The Department has full power to administer and enforce

3 this paragraph; to collect all taxes and penalties due

4 hereunder; to dispose of taxes and penalties so collected in

5 the manner hereinafter provided; and to determine all rights

6 to credit memoranda arising on account of the erroneous

7 payment of tax or penalty hereunder. In the administration of,

8 and compliance with this paragraph, the Department and persons

9 who are subject to this paragraph shall (i) have the same

10 rights, remedies, privileges, immunities, powers, and duties,

11 (ii) be subject to the same conditions, restrictions,

12 limitations, penalties, exclusions, exemptions, and

13 definitions of terms, and (iii) employ the same modes of

14 procedure as are prescribed in Sections 2 (except that the

15 reference to State in the definition of supplier maintaining a

16 place of business in this State shall mean the metropolitan

17 area), 2a, 2b, 3 through 3-55 (in respect to all provisions

18 therein other than the State rate of tax), 4 (except that the

19 reference to the State shall be to the Authority), 5, 7, 8

20 (except that the jurisdiction to which the tax shall be a debt

21 to the extent indicated in that Section 8 shall be the

22 Authority), 9 (except as to the disposition of taxes and

23 penalties collected, and except that the returned merchandise

24 credit for this tax may not be taken against any State tax, and

25 except that the retailer's discount is not allowed for taxes

26 paid on aviation fuel that are subject to the revenue use
    SB3019 Enrolled  - 443 - LRB104 20255 HLH 33706 b

1 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 11,

2 12 (except the reference therein to Section 2b of the

3 Retailers' Occupation Tax Act), 13 (except that any reference

4 to the State shall mean the Authority), 15, 16, 17, 18, 19 and

5 20 of the Service Occupation Tax Act and Section 3-7 of the

6 Uniform Penalty and Interest Act, as fully as if those

7 provisions were set forth herein.

8   Persons subject to any tax imposed under the authority

9 granted in this subsection may reimburse themselves for their

10 serviceman's tax liability by separately stating the tax as an

11 additional charge, which charge may be stated in combination,

12 in a single amount, with State tax that servicemen are

13 authorized to collect under the Service Use Tax Act, in

14 accordance with such bracket schedules as the Department may

15 prescribe.

16  Whenever the Department determines that a refund should be

17 made under this subsection to a claimant instead of issuing a

18 credit memorandum, the Department shall notify the State

19 Comptroller, who shall cause the warrant to be drawn for the

20 amount specified, and to the person named, in the notification

21 from the Department. The refund shall be paid by the State

22 Treasurer out of the tax fund referenced under paragraph (g)

23 of this Section or the Local Government Aviation Trust Fund,

24 as appropriate.

25  Nothing in this paragraph shall be construed to authorize

26 the Authority to impose a tax upon the privilege of engaging in
    SB3019 Enrolled         - 444 - LRB104 20255 HLH 33706 b

1 any business which under the Constitution of the United States

2 may not be made the subject of taxation by the State.

3   (c-5) If, on January 1, 2025, a unit of local government

4 has in effect a tax under this Section, or if, after January 1,

5 2025, a unit of local government imposes a tax under this

6 Section, then that tax applies to leases of tangible personal

7 property in effect, entered into, or renewed on or after that

8 date in the same manner as the tax under this Section and in

9 accordance with the changes made by this amendatory Act of the

10 103rd General Assembly.

11  (d) If a tax has been imposed under subsection (b), a use

12 tax shall also be imposed at the same rate upon the privilege

13 of using, in the metropolitan area, any item of tangible

14 personal property that is purchased outside the metropolitan

15 area at retail from a retailer, and that is titled or

16 registered at a location within the metropolitan area with an

17 agency of this State's government. "Selling price" is defined

18 as in the Use Tax Act. The tax shall be collected from persons

19 whose Illinois address for titling or registration purposes is

20 given as being in the metropolitan area. The tax shall be

21 collected by the Department of Revenue for the Authority. The

22 tax must be paid to the State, or an exemption determination

23 must be obtained from the Department of Revenue, before the

24 title or certificate of registration for the property may be

25 issued. The tax or proof of exemption may be transmitted to the

26 Department by way of the State agency with which, or the State
   SB3019 Enrolled  - 445 - LRB104 20255 HLH 33706 b

1 officer with whom, the tangible personal property must be

2 titled or registered if the Department and the State agency or

3 State officer determine that this procedure will expedite the

4 processing of applications for title or registration.

5  The Department has full power to administer and enforce

6 this paragraph; to collect all taxes, penalties and interest

7 due hereunder; to dispose of taxes, penalties and interest so

8 collected in the manner hereinafter provided; and to determine

9 all rights to credit memoranda or refunds arising on account

10 of the erroneous payment of tax, penalty or interest

11 hereunder. In the administration of, and compliance with, this

12 subsection, the Department and persons who are subject to this

13 paragraph shall (i) have the same rights, remedies,

14 privileges, immunities, powers, and duties, (ii) be subject to

15 the same conditions, restrictions, limitations, penalties,

16 exclusions, exemptions, and definitions of terms, and (iii)

17 employ the same modes of procedure as are prescribed in

18 Sections 2 (except the definition of "retailer maintaining a

19 place of business in this State"), 3, 3-5, 3-10, 3-45, 3-55,

20 3-65, 3-70, 3-85, 3a, 4, 6, 7, 8 (except that the jurisdiction

21 to which the tax shall be a debt to the extent indicated in

22 that Section 8 shall be the Authority), 9 (except provisions

23 relating to quarter monthly payments), 10, 11, 12, 12a, 12b,

24 13, 14, 15, 19, 20, 21, and 22 of the Use Tax Act and Section

25 3-7 of the Uniform Penalty and Interest Act, that are not

26 inconsistent with this paragraph, as fully as if those
    SB3019 Enrolled  - 446 - LRB104 20255 HLH 33706 b

1 provisions were set forth herein.

2   Whenever the Department determines that a refund should be

3 made under this subsection to a claimant instead of issuing a

4 credit memorandum, the Department shall notify the State

5 Comptroller, who shall cause the order to be drawn for the

6 amount specified, and to the person named, in the notification

7 from the Department. The refund shall be paid by the State

8 Treasurer out of the tax fund referenced under paragraph (g)

9 of this Section.

10  (e) A certificate of registration issued by the State

11 Department of Revenue to a retailer under the Retailers'

12 Occupation Tax Act or under the Service Occupation Tax Act

13 shall permit the registrant to engage in a business that is

14 taxed under the tax imposed under paragraphs (b), (c), or (d)

15 of this Section and no additional registration shall be

16 required. A certificate issued under the Use Tax Act or the

17 Service Use Tax Act shall be applicable with regard to any tax

18 imposed under paragraph (c) of this Section.

19  (f) The results of any election authorizing a proposition

20 to impose a tax under this Section or effecting a change in the

21 rate of tax shall be certified by the proper election

22 authorities and filed with the Illinois Department on or

23 before the first day of April. In addition, an ordinance

24 imposing, discontinuing, or effecting a change in the rate of

25 tax under this Section shall be adopted and a certified copy

26 thereof filed with the Department on or before the first day of
   SB3019 Enrolled      - 447 - LRB104 20255 HLH 33706 b

1 April. After proper receipt of such certifications, the

2 Department shall proceed to administer and enforce this

3 Section as of the first day of July next following such

4 adoption and filing.

5  (g) Except as otherwise provided, the Department of

6 Revenue shall, upon collecting any taxes and penalties as

7 provided in this Section, pay the taxes and penalties over to

8 the State Treasurer as trustee for the Authority. The taxes

9 and penalties shall be held in a trust fund outside the State

10 Treasury. Taxes and penalties collected on aviation fuel sold

11 on or after December 1, 2019 and through December 31, 2020,

12 shall be immediately paid over by the Department to the State

13 Treasurer, ex officio, as trustee, for deposit into the Local

14 Government Aviation Trust Fund. The Department shall only pay

15 moneys into the Local Government Aviation Trust Fund under

16 this Section for so long as the revenue use requirements of 49

17 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

18 District. On or before the 25th day of each calendar month, the

19 Department of Revenue shall prepare and certify to the

20 Comptroller of the State of Illinois the amount to be paid to

21 the Authority, which shall be the balance in the fund, less any

22 amount determined by the Department to be necessary for the

23 payment of refunds and not including taxes and penalties

24 collected on aviation fuel sold on or after December 1, 2019.

25 Within 10 days after receipt by the Comptroller of the

26 certification of the amount to be paid to the Authority, the
    SB3019 Enrolled         - 448 - LRB104 20255 HLH 33706 b

1 Comptroller shall cause an order to be drawn for payment for

2 the amount in accordance with the directions contained in the

3 certification. Amounts received from the tax imposed under

4 this Section shall be used only for the support, construction,

5 maintenance, or financing of a facility of the Authority.

6   (h) When certifying the amount of a monthly disbursement

7 to the Authority under this Section, the Department shall

8 increase or decrease the amounts by an amount necessary to

9 offset any miscalculation of previous disbursements. The

10 offset amount shall be the amount erroneously disbursed within

11 the previous 6 months from the time a miscalculation is

12 discovered.

13  (i) This Section may be cited as the Salem Civic Center Use

14 and Occupation Tax Law.

15 (Source: P.A. 103-592, eff. 1-1-25.)

16  Section 70-85. The Flood Prevention District Act is

17 amended by changing Section 25 as follows:

18  (70 ILCS 750/25)

19  Sec. 25. Flood prevention retailers' and service

20 occupation taxes.

21  (a) If the Board of Commissioners of a flood prevention

22 district determines that an emergency situation exists

23 regarding levee repair or flood prevention, and upon an

24 ordinance confirming the determination adopted by the
SB3019 Enrolled  - 449 - LRB104 20255 HLH 33706 b

 1 affirmative vote of a majority of the members of the county
 2 board of the county in which the district is situated, the
 3 county may impose a flood prevention retailers' occupation tax
 4 upon all persons engaged in the business of selling tangible
 5 personal property at retail within the territory of the
 6 district to provide revenue to pay the costs of providing
 7 emergency levee repair and flood prevention and to secure the
 8 payment of bonds, notes, and other evidences of indebtedness
 9 issued under this Act for a period not to exceed 25 years or as
10 required to repay the bonds, notes, and other evidences of
11 indebtedness issued under this Act. The tax rate shall be
12 0.25% of the gross receipts from all taxable sales made in the
13 course of that business. Beginning December 1, 2019 and
14 through December 31, 2020, this tax is not imposed on sales of
15 aviation fuel unless the tax revenue is expended for
16 airport-related purposes. If the District does not have an
17 airport-related purpose to which it dedicates aviation fuel
18 tax revenue, then aviation fuel is excluded from the tax. The
19 County must comply with the certification requirements for
20 airport-related purposes under Section 2-22 of the Retailers'
21 Occupation Tax Act. The tax imposed under this Section and all
22 civil penalties that may be assessed as an incident thereof
23 shall be collected and enforced by the State Department of
24 Revenue. The Department shall have full power to administer
25 and enforce this Section; to collect all taxes and penalties
26 so collected in the manner hereinafter provided; and to
   SB3019 Enrolled          - 450 - LRB104 20255 HLH 33706 b

1 determine all rights to credit memoranda arising on account of

2 the erroneous payment of tax or penalty hereunder.

3  For purposes of this Act, "airport-related purposes" has

4 the meaning ascribed in Section 6z-20.2 of the State Finance

5 Act. Beginning January 1, 2021, this tax is not imposed on

6 sales of aviation fuel for so long as the revenue use

7 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

8 binding on the District.

9  In the administration of and compliance with this

10 subsection, the Department and persons who are subject to this

11 subsection (i) have the same rights, remedies, privileges,

12 immunities, powers, and duties, (ii) are subject to the same

13 conditions, restrictions, limitations, penalties, and

14 definitions of terms, and (iii) shall employ the same modes of

15 procedure as are set forth in Sections 1 through 1o, 2 through

16 2-70 (in respect to all provisions contained in those Sections

17 other than the State rate of tax), 2a through 2h, 3 (except as

18 to the disposition of taxes and penalties collected, and

19 except that the retailer's discount is not allowed for taxes

20 paid on aviation fuel that are subject to the revenue use

21 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5,

22 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a,

23 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

24 Occupation Tax Act and all provisions of the Uniform Penalty

25 and Interest Act as if those provisions were set forth in this

26 subsection.
    SB3019 Enrolled          - 451 - LRB104 20255 HLH 33706 b

1   Persons subject to any tax imposed under this Section may

2 reimburse themselves for their seller's tax liability

3 hereunder by separately stating the tax as an additional

4 charge, which charge may be stated in combination in a single

5 amount with State taxes that sellers are required to collect

6 under the Use Tax Act, under any bracket schedules the

7 Department may prescribe.

8   If a tax is imposed under this subsection (a), a tax shall

9 also be imposed under subsection (b) of this Section.

10  (b) If a tax has been imposed under subsection (a), a flood

11 prevention service occupation tax shall also be imposed upon

12 all persons engaged within the territory of the district in

13 the business of making sales of service, who, as an incident to

14 making the sales of service, transfer tangible personal

15 property, either in the form of tangible personal property or

16 in the form of real estate as an incident to a sale of service

17 to provide revenue to pay the costs of providing emergency

18 levee repair and flood prevention and to secure the payment of

19 bonds, notes, and other evidences of indebtedness issued under

20 this Act for a period not to exceed 25 years or as required to

21 repay the bonds, notes, and other evidences of indebtedness.

22 The tax rate shall be 0.25% of the selling price of all

23 tangible personal property transferred. Beginning December 1,

24 2019 and through December 31, 2020, this tax is not imposed on

25 sales of aviation fuel unless the tax revenue is expended for

26 airport-related purposes. If the District does not have an
    SB3019 Enrolled          - 452 - LRB104 20255 HLH 33706 b

1 airport-related purpose to which it dedicates aviation fuel

2 tax revenue, then aviation fuel is excluded from the tax. The

3 County must comply with the certification requirements for

4 airport-related purposes under Section 2-22 of the Retailers'

5 Occupation Tax Act. For purposes of this Act, "airport-related

6 purposes" has the meaning ascribed in Section 6z-20.2 of the

7 State Finance Act. Beginning January 1, 2021, this tax is not

8 imposed on sales of aviation fuel for so long as the revenue

9 use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

10 binding on the District.

11  The tax imposed under this subsection and all civil

12 penalties that may be assessed as an incident thereof shall be

13 collected and enforced by the State Department of Revenue. The

14 Department shall have full power to administer and enforce

15 this subsection; to collect all taxes and penalties due

16 hereunder; to dispose of taxes and penalties collected in the

17 manner hereinafter provided; and to determine all rights to

18 credit memoranda arising on account of the erroneous payment

19 of tax or penalty hereunder.

20  In the administration of and compliance with this

21 subsection, the Department and persons who are subject to this

22 subsection shall (i) have the same rights, remedies,

23 privileges, immunities, powers, and duties, (ii) be subject to

24 the same conditions, restrictions, limitations, penalties, and

25 definitions of terms, and (iii) employ the same modes of

26 procedure as are set forth in Sections 2 (except that the
    SB3019 Enrolled  - 453 - LRB104 20255 HLH 33706 b

1 reference to State in the definition of supplier maintaining a

2 place of business in this State means the district), 2a

3 through 2d, 3 through 3-50 (in respect to all provisions

4 contained in those Sections other than the State rate of tax),

5 4 (except that the reference to the State shall be to the

6 district), 5, 7, 8 (except that the jurisdiction to which the

7 tax is a debt to the extent indicated in that Section 8 is the

8 district), 9 (except as to the disposition of taxes and

9 penalties collected, and except that the retailer's discount

10 is not allowed for taxes paid on aviation fuel that are subject

11 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

12 U.S.C. 47133), 10, 11, 12 (except the reference therein to

13 Section 2b of the Retailers' Occupation Tax Act), 13 (except

14 that any reference to the State means the district), Section

15 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act

16 and all provisions of the Uniform Penalty and Interest Act, as

17 fully as if those provisions were set forth herein.

18  Persons subject to any tax imposed under the authority

19 granted in this subsection may reimburse themselves for their

20 serviceman's tax liability hereunder by separately stating the

21 tax as an additional charge, that charge may be stated in

22 combination in a single amount with State tax that servicemen

23 are authorized to collect under the Service Use Tax Act, under

24 any bracket schedules the Department may prescribe.

25  (c) The taxes imposed in subsections (a) and (b) may not be

26 imposed on personal property titled or registered with an
    SB3019 Enrolled         - 454 - LRB104 20255 HLH 33706 b

1 agency of the State or on personal property taxed at the 1%

2 rate under the Retailers' Occupation Tax Act and the Service

3 Occupation Tax Act (or at the 0% rate imposed under this

4 amendatory Act of the 102nd General Assembly).

5   (c-5) If, on January 1, 2025, a unit of local government

6 has in effect a tax under this Section, or if, after January 1,

7 2025, a unit of local government imposes a tax under this

8 Section, then that tax applies to leases of tangible personal

9 property in effect, entered into, or renewed on or after that

10 date in the same manner as the tax under this Section and in

11 accordance with the changes made by this amendatory Act of the

12 103rd General Assembly.

13  (d) Nothing in this Section shall be construed to

14 authorize the district to impose a tax upon the privilege of

15 engaging in any business that under the Constitution of the

16 United States may not be made the subject of taxation by the

17 State.

18  (e) The certificate of registration that is issued by the

19 Department to a retailer under the Retailers' Occupation Tax

20 Act or a serviceman under the Service Occupation Tax Act

21 permits the retailer or serviceman to engage in a business

22 that is taxable without registering separately with the

23 Department under an ordinance or resolution under this

24 Section.

25  (f) Except as otherwise provided, the Department shall

26 immediately pay over to the State Treasurer, ex officio, as
    SB3019 Enrolled  - 455 - LRB104 20255 HLH 33706 b

1 trustee, all taxes and penalties collected under this Section

2 to be deposited into the Flood Prevention Occupation Tax Fund,

3 which shall be an unappropriated trust fund held outside the

4 State treasury. Taxes and penalties collected on aviation fuel

5 sold on or after December 1, 2019 and through December 31,

6 2020, shall be immediately paid over by the Department to the

7 State Treasurer, ex officio, as trustee, for deposit into the

8 Local Government Aviation Trust Fund. The Department shall

9 only pay moneys into the Local Government Aviation Trust Fund

10 under this Act for so long as the revenue use requirements of

11 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

12 District.

13  On or before the 25th day of each calendar month, the

14 Department shall prepare and certify to the Comptroller the

15 disbursement of stated sums of money to the counties from

16 which retailers or servicemen have paid taxes or penalties to

17 the Department during the second preceding calendar month. The

18 amount to be paid to each county is equal to the amount (not

19 including credit memoranda and not including taxes and

20 penalties collected on aviation fuel sold on or after December

21 1, 2019 and through December 31, 2020) collected from the

22 county under this Section during the second preceding calendar

23 month by the Department, (i) less 2% of that amount (except the

24 amount collected on aviation fuel sold on or after December 1,

25 2019 and through December 31, 2020), which shall be deposited

26 into the Tax Compliance and Administration Fund and shall be
    SB3019 Enrolled  - 456 - LRB104 20255 HLH 33706 b

1 used by the Department in administering and enforcing the

2 provisions of this Section on behalf of the county, (ii) plus

3 an amount that the Department determines is necessary to

4 offset any amounts that were erroneously paid to a different

5 taxing body; (iii) less an amount equal to the amount of

6 refunds made during the second preceding calendar month by the

7 Department on behalf of the county; and (iv) less any amount

8 that the Department determines is necessary to offset any

9 amounts that were payable to a different taxing body but were

10 erroneously paid to the county. When certifying the amount of

11 a monthly disbursement to a county under this Section, the

12 Department shall increase or decrease the amounts by an amount

13 necessary to offset any miscalculation of previous

14 disbursements within the previous 6 months from the time a

15 miscalculation is discovered.

16  Within 10 days after receipt by the Comptroller from the

17 Department of the disbursement certification to the counties

18 provided for in this Section, the Comptroller shall cause the

19 orders to be drawn for the respective amounts in accordance

20 with directions contained in the certification.

21  If the Department determines that a refund should be made

22 under this Section to a claimant instead of issuing a credit

23 memorandum, then the Department shall notify the Comptroller,

24 who shall cause the order to be drawn for the amount specified

25 and to the person named in the notification from the

26 Department. The refund shall be paid by the Treasurer out of
    SB3019 Enrolled            - 457 - LRB104 20255 HLH 33706 b

1 the Flood Prevention Occupation Tax Fund or the Local

2 Government Aviation Trust Fund, as appropriate.

3   (g) If a county imposes a tax under this Section, then the

4 county board shall, by ordinance, discontinue the tax upon the

5 payment of all indebtedness of the flood prevention district.

6 The tax shall not be discontinued until all indebtedness of

7 the District has been paid.

8   (h) Any ordinance imposing the tax under this Section, or

9 any ordinance that discontinues the tax, must be certified by

10 the county clerk and filed with the Illinois Department of

11 Revenue either (i) on or before the first day of April,

12 whereupon the Department shall proceed to administer and

13 enforce the tax or change in the rate as of the first day of

14 July next following the filing; or (ii) on or before the first

15 day of October, whereupon the Department shall proceed to

16 administer and enforce the tax or change in the rate as of the

17 first day of January next following the filing.

18  (j) County Flood Prevention Occupation Tax Fund. All

19 proceeds received by a county from a tax distribution under

20 this Section must be maintained in a special fund known as the

21 [name of county] flood prevention occupation tax fund. The

22 county shall, at the direction of the flood prevention

23 district, use moneys in the fund to pay the costs of providing

24 emergency levee repair and flood prevention and to pay bonds,

25 notes, and other evidences of indebtedness issued under this

26 Act.
    SB3019 Enrolled    - 458 - LRB104 20255 HLH 33706 b

1   (k) This Section may be cited as the Flood Prevention

2 Occupation Tax Law.

3 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

4   Section 70-90. The Metro-East Park and Recreation District

5 Act is amended by changing Section 30 as follows:

6   (70 ILCS 1605/30)

7   Sec. 30. Taxes.

8   (a) The board shall impose a tax upon all persons engaged

9 in the business of selling tangible personal property, other

10 than personal property titled or registered with an agency of

11 this State's government, at retail in the District on the

12 gross receipts from the sales made in the course of business.

13 This tax shall be imposed only at the rate of one-tenth of one

14 per cent.

15  This additional tax may not be imposed on tangible

16 personal property taxed at the 1% rate under the Retailers'

17 Occupation Tax Act (or at the 0% rate imposed under this

18 amendatory Act of the 102nd General Assembly). Beginning

19 December 1, 2019 and through December 31, 2020, this tax is not

20 imposed on sales of aviation fuel unless the tax revenue is

21 expended for airport-related purposes. If the District does

22 not have an airport-related purpose to which it dedicates

23 aviation fuel tax revenue, then aviation fuel shall be

24 excluded from tax. The board must comply with the
SB3019 Enrolled  - 459 - LRB104 20255 HLH 33706 b

 1 certification requirements for airport-related purposes under
 2 Section 2-22 of the Retailers' Occupation Tax Act. For
 3 purposes of this Act, "airport-related purposes" has the
 4 meaning ascribed in Section 6z-20.2 of the State Finance Act.
 5 Beginning January 1, 2021, this tax is not imposed on sales of
 6 aviation fuel for so long as the revenue use requirements of 49
 7 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 8 District. The tax imposed by the Board under this Section and
 9 all civil penalties that may be assessed as an incident of the
10 tax shall be collected and enforced by the Department of
11 Revenue. The certificate of registration that is issued by the
12 Department to a retailer under the Retailers' Occupation Tax
13 Act shall permit the retailer to engage in a business that is
14 taxable without registering separately with the Department
15 under an ordinance or resolution under this Section. The
16 Department has full power to administer and enforce this
17 Section, to collect all taxes and penalties due under this
18 Section, to dispose of taxes and penalties so collected in the
19 manner provided in this Section, and to determine all rights
20 to credit memoranda arising on account of the erroneous
21 payment of a tax or penalty under this Section. In the
22 administration of and compliance with this Section, the
23 Department and persons who are subject to this Section shall
24 (i) have the same rights, remedies, privileges, immunities,
25 powers, and duties, (ii) be subject to the same conditions,
26 restrictions, limitations, penalties, and definitions of
    SB3019 Enrolled  - 460 - LRB104 20255 HLH 33706 b

1 terms, and (iii) employ the same modes of procedure as are

2 prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,

3 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions

4 contained in those Sections other than the State rate of tax),

5 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions

6 relating to transaction returns and quarter monthly payments,

7 and except that the retailer's discount is not allowed for

8 taxes paid on aviation fuel that are subject to the revenue use

9 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5,

10 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, 6, 6a,

11 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

12 Occupation Tax Act and the Uniform Penalty and Interest Act as

13 if those provisions were set forth in this Section.

14  Persons subject to any tax imposed under the authority

15 granted in this Section may reimburse themselves for their

16 sellers' tax liability by separately stating the tax as an

17 additional charge, which charge may be stated in combination,

18 in a single amount, with State tax which sellers are required

19 to collect under the Use Tax Act, pursuant to such bracketed

20 schedules as the Department may prescribe.

21  Whenever the Department determines that a refund should be

22 made under this Section to a claimant instead of issuing a

23 credit memorandum, the Department shall notify the State

24 Comptroller, who shall cause the order to be drawn for the

25 amount specified and to the person named in the notification

26 from the Department. The refund shall be paid by the State
   SB3019 Enrolled  - 461 - LRB104 20255 HLH 33706 b

1 Treasurer out of the State Metro-East Park and Recreation

2 District Fund or the Local Government Aviation Trust Fund, as

3 appropriate.

4  (b) If a tax has been imposed under subsection (a), a

5 service occupation tax shall also be imposed at the same rate

6 upon all persons engaged, in the District, in the business of

7 making sales of service, at the same rate of tax imposed under

8 subsection (a), on the selling price of all who, as an incident

9 to making those sales of service, transfer tangible personal

10 property transferred by the serviceman within the District as

11 an incident to a sale of service. This tax may not be imposed

12 on tangible personal property taxed at the 1% rate under the

13 Service Occupation Tax Act (or at the 0% rate imposed under

14 this amendatory Act of the 102nd General Assembly). Beginning

15 December 1, 2019 and through December 31, 2020, this tax may

16 not be imposed on sales of aviation fuel unless the tax revenue

17 is expended for airport-related purposes. If the District does

18 not have an airport-related purpose to which it dedicates

19 aviation fuel tax revenue, then aviation fuel shall be

20 excluded from tax. The board must comply with the

21 certification requirements for airport-related purposes under

22 Section 2-22 of the Retailers' Occupation Tax Act. For

23 purposes of this Act, "airport-related purposes" has the

24 meaning ascribed in Section 6z-20.2 of the State Finance Act.

25 Beginning January 1, 2021, this tax is not imposed on sales of

26 aviation fuel for so long as the revenue use requirements of 49
SB3019 Enrolled  - 462 - LRB104 20255 HLH 33706 b

 1 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 2 District. The tax imposed under this subsection and all civil
 3 penalties that may be assessed as an incident thereof shall be
 4 collected and enforced by the Department of Revenue. The
 5 Department has full power to administer and enforce this
 6 subsection; to collect all taxes and penalties due hereunder;
 7 to dispose of taxes and penalties so collected in the manner
 8 hereinafter provided; and to determine all rights to credit
 9 memoranda arising on account of the erroneous payment of tax
10 or penalty hereunder. In the administration of, and compliance
11 with this subsection, the Department and persons who are
12 subject to this paragraph shall (i) have the same rights,
13 remedies, privileges, immunities, powers, and duties, (ii) be
14 subject to the same conditions, restrictions, limitations,
15 penalties, exclusions, exemptions, and definitions of terms,
16 and (iii) employ the same modes of procedure as are prescribed
17 in Sections 2 (except that the reference to State in the
18 definition of supplier maintaining a place of business in this
19 State shall mean the District), 2a, 2b, 2c, 3 through 3-50 (in
20 respect to all provisions therein other than the State rate of
21 tax), 4 (except that the reference to the State shall be to the
22 District), 5, 7, 8 (except that the jurisdiction to which the
23 tax shall be a debt to the extent indicated in that Section 8
24 shall be the District), 9 (except as to the disposition of
25 taxes and penalties collected, and except that the retailer's
26 discount is not allowed for taxes paid on aviation fuel that
    SB3019 Enrolled  - 463 - LRB104 20255 HLH 33706 b

1 are subject to the revenue use requirements of 49 U.S.C.

2 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the

3 reference therein to Section 2b of the Retailers' Occupation

4 Tax Act), 13 (except that any reference to the State shall mean

5 the District), Sections 15, 16, 17, 18, 19 and 20 of the

6 Service Occupation Tax Act and the Uniform Penalty and

7 Interest Act, as fully as if those provisions were set forth

8 herein.

9   Persons subject to any tax imposed under the authority

10 granted in this subsection may reimburse themselves for their

11 serviceman's tax liability by separately stating the tax as an

12 additional charge, which charge may be stated in combination,

13 in a single amount, with State tax that servicemen are

14 authorized to collect under the Service Use Tax Act, in

15 accordance with such bracket schedules as the Department may

16 prescribe.

17  Whenever the Department determines that a refund should be

18 made under this subsection to a claimant instead of issuing a

19 credit memorandum, the Department shall notify the State

20 Comptroller, who shall cause the warrant to be drawn for the

21 amount specified, and to the person named, in the notification

22 from the Department. The refund shall be paid by the State

23 Treasurer out of the State Metro-East Park and Recreation

24 District Fund or the Local Government Aviation Trust Fund, as

25 appropriate.

26  Nothing in this subsection shall be construed to authorize
    SB3019 Enrolled         - 464 - LRB104 20255 HLH 33706 b

1 the board to impose a tax upon the privilege of engaging in any

2 business which under the Constitution of the United States may

3 not be made the subject of taxation by the State.

4   (b-5) If, on January 1, 2025, a unit of local government

5 has in effect a tax under this Section, or if, after January 1,

6 2025, a unit of local government imposes a tax under this

7 Section, then that tax applies to leases of tangible personal

8 property in effect, entered into, or renewed on or after that

9 date in the same manner as the tax under this Section and in

10 accordance with the changes made by this amendatory Act of the

11 103rd General Assembly.

12  (c) Except as otherwise provided in this paragraph, the

13 Department shall immediately pay over to the State Treasurer,

14 ex officio, as trustee, all taxes and penalties collected

15 under this Section to be deposited into the State Metro-East

16 Park and Recreation District Fund, which shall be an

17 unappropriated trust fund held outside of the State treasury.

18 Taxes and penalties collected on aviation fuel sold on or

19 after December 1, 2019 and through December 31, 2020, shall be

20 immediately paid over by the Department to the State

21 Treasurer, ex officio, as trustee, for deposit into the Local

22 Government Aviation Trust Fund. The Department shall only pay

23 moneys into the Local Government Aviation Trust Fund under

24 this Act for so long as the revenue use requirements of 49

25 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

26 District.
    SB3019 Enrolled  - 465 - LRB104 20255 HLH 33706 b

1   As soon as possible after the first day of each month,

2 beginning January 1, 2011, upon certification of the

3 Department of Revenue, the Comptroller shall order

4 transferred, and the Treasurer shall transfer, to the STAR

5 Bonds Revenue Fund the local sales tax increment, as defined

6 in the Innovation Development and Economy Act, collected under

7 this Section during the second preceding calendar month for

8 sales within a STAR bond district. The Department shall make

9 this certification only if the Metro East Park and Recreation

10 District imposes a tax on real property as provided in the

11 definition of "local sales taxes" under the Innovation

12 Development and Economy Act.

13  After the monthly transfer to the STAR Bonds Revenue Fund,

14 on or before the 25th day of each calendar month, the

15 Department shall prepare and certify to the Comptroller the

16 disbursement of stated sums of money pursuant to Section 35 of

17 this Act to the District from which retailers have paid taxes

18 or penalties to the Department during the second preceding

19 calendar month. The amount to be paid to the District shall be

20 the amount (not including credit memoranda and not including

21 taxes and penalties collected on aviation fuel sold on or

22 after December 1, 2019 and through December 31, 2020)

23 collected under this Section during the second preceding

24 calendar month by the Department plus an amount the Department

25 determines is necessary to offset any amounts that were

26 erroneously paid to a different taxing body, and not including
    SB3019 Enrolled    - 466 - LRB104 20255 HLH 33706 b

1 (i) an amount equal to the amount of refunds made during the

2 second preceding calendar month by the Department on behalf of

3 the District, (ii) any amount that the Department determines

4 is necessary to offset any amounts that were payable to a

5 different taxing body but were erroneously paid to the

6 District, (iii) any amounts that are transferred to the STAR

7 Bonds Revenue Fund, and (iv) 1.5% of the remainder, which the

8 Department shall transfer into the Tax Compliance and

9 Administration Fund. The Department, at the time of each

10 monthly disbursement to the District, shall prepare and

11 certify to the State Comptroller the amount to be transferred

12 into the Tax Compliance and Administration Fund under this

13 subsection. Within 10 days after receipt by the Comptroller of

14 the disbursement certification to the District and the Tax

15 Compliance and Administration Fund provided for in this

16 Section to be given to the Comptroller by the Department, the

17 Comptroller shall cause the orders to be drawn for the

18 respective amounts in accordance with directions contained in

19 the certification.

20  (d) For the purpose of determining whether a tax

21 authorized under this Section is applicable, a retail sale by

22 a producer of coal or another mineral mined in Illinois is a

23 sale at retail at the place where the coal or other mineral

24 mined in Illinois is extracted from the earth. This paragraph

25 does not apply to coal or another mineral when it is delivered

26 or shipped by the seller to the purchaser at a point outside
    SB3019 Enrolled       - 467 - LRB104 20255 HLH 33706 b

1 Illinois so that the sale is exempt under the United States

2 Constitution as a sale in interstate or foreign commerce.

3   (e) Nothing in this Section shall be construed to

4 authorize the board to impose a tax upon the privilege of

5 engaging in any business that under the Constitution of the

6 United States may not be made the subject of taxation by this

7 State.

8   (f) An ordinance imposing a tax under this Section or an

9 ordinance extending the imposition of a tax to an additional

10 county or counties shall be certified by the board and filed

11 with the Department of Revenue either (i) on or before the

12 first day of April, whereupon the Department shall proceed to

13 administer and enforce the tax as of the first day of July next

14 following the filing; or (ii) on or before the first day of

15 October, whereupon the Department shall proceed to administer

16 and enforce the tax as of the first day of January next

17 following the filing.

18  (g) When certifying the amount of a monthly disbursement

19 to the District under this Section, the Department shall

20 increase or decrease the amounts by an amount necessary to

21 offset any misallocation of previous disbursements. The offset

22 amount shall be the amount erroneously disbursed within the

23 previous 6 months from the time a misallocation is discovered.

24 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

25  Section 70-95. The Local Mass Transit District Act is
    SB3019 Enrolled  - 468 - LRB104 20255 HLH 33706 b

1 amended by changing Section 5.01 as follows:

2   (70 ILCS 3610/5.01) (from Ch. 111 2/3, par. 355.01)

3   Sec. 5.01. Metro East Mass Transit District; use and

4 occupation taxes.

5   (a) The Board of Trustees of any Metro East Mass Transit

6 District may, by ordinance adopted with the concurrence of

7 two-thirds of the then trustees, impose throughout the

8 District any or all of the taxes and fees provided in this

9 Section. Except as otherwise provided, all taxes and fees

10 imposed under this Section shall be used only for public mass

11 transportation systems, and the amount used to provide mass

12 transit service to unserved areas of the District shall be in

13 the same proportion to the total proceeds as the number of

14 persons residing in the unserved areas is to the total

15 population of the District. Except as otherwise provided in

16 this Act, taxes imposed under this Section and civil penalties

17 imposed incident thereto shall be collected and enforced by

18 the State Department of Revenue. The Department shall have the

19 power to administer and enforce the taxes and to determine all

20 rights for refunds for erroneous payments of the taxes.

21  (b) The Board may impose a Metro East Mass Transit

22 District Retailers' Occupation Tax upon all persons engaged in

23 the business of selling tangible personal property at retail

24 in the district at a rate of 1/4 of 1%, or as authorized under

25 subsection (d-5) of this Section, of the gross receipts from
    SB3019 Enrolled  - 469 - LRB104 20255 HLH 33706 b

1 the sales made in the course of such business within the

2 district, including sales of food for human consumption that

3 is to be consumed off the premises where it is sold (other than

4 alcoholic liquor taxable under Section 8-1 of the Liquor

5 Control Act of 1934, beverages, food consisting of or infused

6 with adult use cannabis, soft drinks, candy, and food that has

7 been prepared for immediate consumption), except that the rate

8 of tax imposed under this Section on sales of aviation fuel on

9 or after December 1, 2019 shall be 0.25% in Madison County

10 unless the Metro-East Mass Transit District in Madison County

11 has an "airport-related purpose" and any additional amount

12 authorized under subsection (d-5) is expended for

13 airport-related purposes. If there is no airport-related

14 purpose to which aviation fuel tax revenue is dedicated, then

15 aviation fuel is excluded from any additional amount

16 authorized under subsection (d-5). The rate in St. Clair

17 County shall be 0.25% unless the Metro-East Mass Transit

18 District in St. Clair County has an "airport-related purpose"

19 and the additional 0.50% of the 0.75% tax on aviation fuel

20 imposed in that County is expended for airport-related

21 purposes. If there is no airport-related purpose to which

22 aviation fuel tax revenue is dedicated, then aviation fuel is

23 excluded from the additional 0.50% of the 0.75% tax.

24  The Board must comply with the certification requirements

25 for airport-related purposes under Section 2-22 of the

26 Retailers' Occupation Tax Act. For purposes of this Section,
   SB3019 Enrolled  - 470 - LRB104 20255 HLH 33706 b

1 "airport-related purposes" has the meaning ascribed in Section

2 6z-20.2 of the State Finance Act. This exclusion for aviation

3 fuel only applies for so long as the revenue use requirements

4 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

5 District.

6  The tax imposed under this Section and all civil penalties

7 that may be assessed as an incident thereof shall be collected

8 and enforced by the State Department of Revenue. The

9 Department shall have full power to administer and enforce

10 this Section; to collect all taxes and penalties so collected

11 in the manner hereinafter provided; and to determine all

12 rights to credit memoranda arising on account of the erroneous

13 payment of tax or penalty hereunder. In the administration of,

14 and compliance with, this Section, the Department and persons

15 who are subject to this Section shall have the same rights,

16 remedies, privileges, immunities, powers and duties, and be

17 subject to the same conditions, restrictions, limitations,

18 penalties, exclusions, exemptions and definitions of terms and

19 employ the same modes of procedure, as are prescribed in

20 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65

21 (in respect to all provisions therein other than the State

22 rate of tax and other than the exemption for food for human

23 consumption that is to be consumed off the premises where it is

24 sold (other than alcoholic liquor taxable under Section 8-1 of

25 the Liquor Control Act of 1934, beverages, food consisting of

26 or infused with adult use cannabis, soft drinks, candy, and
    SB3019 Enrolled  - 471 - LRB104 20255 HLH 33706 b

1 food that has been prepared for immediate consumption), which

2 is taxed at the rate as provided in this subsection), 2c, 3

3 (except as to the disposition of taxes and penalties

4 collected, and except that the retailer's discount is not

5 allowed for taxes paid on aviation fuel that are subject to the

6 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

7 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,

8 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of

9 the Retailers' Occupation Tax Act and Section 3-7 of the

10 Uniform Penalty and Interest Act, as fully as if those

11 provisions were set forth herein.

12  Persons subject to any tax imposed under the Section may

13 reimburse themselves for their seller's tax liability

14 hereunder by separately stating the tax as an additional

15 charge, which charge may be stated in combination, in a single

16 amount, with State taxes that sellers are required to collect

17 under the Use Tax Act, in accordance with such bracket

18 schedules as the Department may prescribe.

19  Whenever the Department determines that a refund should be

20 made under this Section to a claimant instead of issuing a

21 credit memorandum, the Department shall notify the State

22 Comptroller, who shall cause the warrant to be drawn for the

23 amount specified, and to the person named, in the notification

24 from the Department. The refund shall be paid by the State

25 Treasurer out of the Metro East Mass Transit District tax fund

26 established under paragraph (h) of this Section or the Local
    SB3019 Enrolled            - 472 - LRB104 20255 HLH 33706 b

1 Government Aviation Trust Fund, as appropriate.

2   If a tax is imposed under this subsection (b), a tax shall

3 also be imposed under subsections (c) and (d) of this Section.

4   For the purpose of determining whether a tax authorized

5 under this Section is applicable, a retail sale, by a producer

6 of coal or other mineral mined in Illinois, is a sale at retail

7 at the place where the coal or other mineral mined in Illinois

8 is extracted from the earth. This paragraph does not apply to

9 coal or other mineral when it is delivered or shipped by the

10 seller to the purchaser at a point outside Illinois so that the

11 sale is exempt under the Federal Constitution as a sale in

12 interstate or foreign commerce.

13  No tax shall be imposed or collected under this subsection

14 on the sale of a motor vehicle in this State to a resident of

15 another state if that motor vehicle will not be titled in this

16 State.

17  Nothing in this Section shall be construed to authorize

18 the Metro East Mass Transit District to impose a tax upon the

19 privilege of engaging in any business which under the

20 Constitution of the United States may not be made the subject

21 of taxation by this State.

22  (c) If a tax has been imposed under subsection (b), a Metro

23 East Mass Transit District Service Occupation Tax shall also

24 be imposed upon all persons engaged, in the district, in the

25 business of making sales of service, who, as an incident to

26 making those sales of service, transfer tangible personal
SB3019 Enrolled  - 473 - LRB104 20255 HLH 33706 b

 1 property within the District, either in the form of tangible
 2 personal property or in the form of real estate as an incident
 3 to a sale of service. The tax rate shall be (1) 1/4%, or as
 4 authorized under subsection (d-5) of this Section, of the
 5 selling price of tangible personal property so transferred
 6 within the district, including food for human consumption that
 7 is to be consumed off the premises where it is sold (other than
 8 alcoholic liquor taxable under Section 8-1 of the Liquor
 9 Control Act of 1934, beverages, food consisting of or infused
10 with adult use cannabis, soft drinks, candy, and food that has
11 been prepared for immediate consumption); and (2) 1/4%, or as
12 authorized under subsection (d-5) of this Section, of the
13 serviceman's cost price of food prepared for immediate
14 consumption and transferred incident to a sale of service
15 subject to the service occupation tax by an entity that is
16 licensed under the Hospital Licensing Act, the Nursing Home
17 Care Act, the Assisted Living and Shared Housing Act, the
18 Specialized Mental Health Rehabilitation Act of 2013, the
19 ID/DD Community Care Act, or the MC/DD Act, or the Child Care
20 Act of 1969, or an entity that holds a permit issued pursuant
21 to the Life Care Facilities Act. However, the rate of tax
22 imposed in these Counties under this Section on sales of
23 aviation fuel on or after December 1, 2019 shall be 0.25% in
24 Madison County unless the Metro-East Mass Transit District in
25 Madison County has an "airport-related purpose" and any
26 additional amount authorized under subsection (d-5) is
    SB3019 Enrolled         - 474 - LRB104 20255 HLH 33706 b

1 expended for airport-related purposes. If there is no

2 airport-related purpose to which aviation fuel tax revenue is

3 dedicated, then aviation fuel is excluded from any additional

4 amount authorized under subsection (d-5). The rate in St.

5 Clair County shall be 0.25% unless the Metro-East Mass Transit

6 District in St. Clair County has an "airport-related purpose"

7 and the additional 0.50% of the 0.75% tax on aviation fuel is

8 expended for airport-related purposes. If there is no

9 airport-related purpose to which aviation fuel tax revenue is

10 dedicated, then aviation fuel is excluded from the additional

11 0.50% of the 0.75% tax.

12  The Board must comply with the certification requirements

13 for airport-related purposes under Section 2-22 of the

14 Retailers' Occupation Tax Act. For purposes of this Section,

15 "airport-related purposes" has the meaning ascribed in Section

16 6z-20.2 of the State Finance Act. This exclusion for aviation

17 fuel only applies for so long as the revenue use requirements

18 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

19 District.

20  The tax imposed under this paragraph and all civil

21 penalties that may be assessed as an incident thereof shall be

22 collected and enforced by the State Department of Revenue. The

23 Department shall have full power to administer and enforce

24 this paragraph; to collect all taxes and penalties due

25 hereunder; to dispose of taxes and penalties so collected in

26 the manner hereinafter provided; and to determine all rights
SB3019 Enrolled  - 475 - LRB104 20255 HLH 33706 b

 1 to credit memoranda arising on account of the erroneous
 2 payment of tax or penalty hereunder. In the administration of,
 3 and compliance with this paragraph, the Department and persons
 4 who are subject to this paragraph shall have the same rights,
 5 remedies, privileges, immunities, powers and duties, and be
 6 subject to the same conditions, restrictions, limitations,
 7 penalties, exclusions, exemptions and definitions of terms and
 8 employ the same modes of procedure as are prescribed in
 9 Sections 1a-1, 2 (except that the reference to State in the
10 definition of supplier maintaining a place of business in this
11 State shall mean the Authority), 2a, 3 through 3-50 (in
12 respect to all provisions therein other than (i) the State
13 rate of tax; (ii) the exemption for food for human consumption
14 that is to be consumed off the premises where it is sold (other
15 than alcoholic liquor taxable under Section 8-1 of the Liquor
16 Control Act of 1934, beverages, food consisting of or infused
17 with adult use cannabis, soft drinks, candy, and food that has
18 been prepared for immediate consumption), which is taxed at
19 the rate as provided in this subsection; and (iii) the
20 exemption for food prepared for immediate consumption and
21 transferred incident to a sale of service subject to the
22 service occupation tax by an entity that is licensed under the
23 Hospital Licensing Act, the Nursing Home Care Act, the
24 Assisted Living and Shared Housing Act, the Specialized Mental
25 Health Rehabilitation Act of 2013, the ID/DD Community Care
26 Act, or the MC/DD Act, or the Child Care Act of 1969, or an
    SB3019 Enrolled           - 476 - LRB104 20255 HLH 33706 b

1 entity that holds a permit issued pursuant to the Life Care

2 Facilities Act, which is taxed at the rate as provided in this

3 subsection), 4 (except that the reference to the State shall

4 be to the Authority), 5, 7, 8 (except that the jurisdiction to

5 which the tax shall be a debt to the extent indicated in that

6 Section 8 shall be the District), 9 (except as to the

7 disposition of taxes and penalties collected, and except that

8 the returned merchandise credit for this tax may not be taken

9 against any State tax, and except that the retailer's discount

10 is not allowed for taxes paid on aviation fuel that are subject

11 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

12 U.S.C. 47133), 10, 11, 12 (except the reference therein to

13 Section 2b of the Retailers' Occupation Tax Act), 13 (except

14 that any reference to the State shall mean the District), the

15 first paragraph of Section 15, 16, 17, 18, 19 and 20 of the

16 Service Occupation Tax Act and Section 3-7 of the Uniform

17 Penalty and Interest Act, as fully as if those provisions were

18 set forth herein.

19  Persons subject to any tax imposed under the authority

20 granted in this paragraph may reimburse themselves for their

21 serviceman's tax liability hereunder by separately stating the

22 tax as an additional charge, which charge may be stated in

23 combination, in a single amount, with State tax that

24 servicemen are authorized to collect under the Service Use Tax

25 Act, in accordance with such bracket schedules as the

26 Department may prescribe.
    SB3019 Enrolled  - 477 - LRB104 20255 HLH 33706 b

1   Whenever the Department determines that a refund should be

2 made under this paragraph to a claimant instead of issuing a

3 credit memorandum, the Department shall notify the State

4 Comptroller, who shall cause the warrant to be drawn for the

5 amount specified, and to the person named, in the notification

6 from the Department. The refund shall be paid by the State

7 Treasurer out of the Metro East Mass Transit District tax fund

8 established under paragraph (h) of this Section or the Local

9 Government Aviation Trust Fund, as appropriate.

10  Nothing in this paragraph shall be construed to authorize

11 the District to impose a tax upon the privilege of engaging in

12 any business which under the Constitution of the United States

13 may not be made the subject of taxation by the State.

14  (d) If a tax has been imposed under subsection (b), a Metro

15 East Mass Transit District Use Tax shall also be imposed upon

16 the privilege of using, in the district, any item of tangible

17 personal property that is purchased outside the district at

18 retail from a retailer, and that is titled or registered with

19 an agency of this State's government, at a rate of 1/4%, or as

20 authorized under subsection (d-5) of this Section, of the

21 selling price of the tangible personal property within the

22 District, as "selling price" is defined in the Use Tax Act. The

23 tax shall be collected from persons whose Illinois address for

24 titling or registration purposes is given as being in the

25 District. The tax shall be collected by the Department of

26 Revenue for the Metro East Mass Transit District. The tax must
    SB3019 Enrolled  - 478 - LRB104 20255 HLH 33706 b

1 be paid to the State, or an exemption determination must be

2 obtained from the Department of Revenue, before the title or

3 certificate of registration for the property may be issued.

4 The tax or proof of exemption may be transmitted to the

5 Department by way of the State agency with which, or the State

6 officer with whom, the tangible personal property must be

7 titled or registered if the Department and the State agency or

8 State officer determine that this procedure will expedite the

9 processing of applications for title or registration.

10  The Department shall have full power to administer and

11 enforce this paragraph; to collect all taxes, penalties and

12 interest due hereunder; to dispose of taxes, penalties and

13 interest so collected in the manner hereinafter provided; and

14 to determine all rights to credit memoranda or refunds arising

15 on account of the erroneous payment of tax, penalty or

16 interest hereunder. In the administration of, and compliance

17 with, this paragraph, the Department and persons who are

18 subject to this paragraph shall have the same rights,

19 remedies, privileges, immunities, powers and duties, and be

20 subject to the same conditions, restrictions, limitations,

21 penalties, exclusions, exemptions and definitions of terms and

22 employ the same modes of procedure, as are prescribed in

23 Sections 2 (except the definition of "retailer maintaining a

24 place of business in this State"), 3 through 3-80 (except

25 provisions pertaining to the State rate of tax, and except

26 provisions concerning collection or refunding of the tax by
    SB3019 Enrolled  - 479 - LRB104 20255 HLH 33706 b

1 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions

2 pertaining to claims by retailers and except the last

3 paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act

4 and Section 3-7 of the Uniform Penalty and Interest Act, that

5 are not inconsistent with this paragraph, as fully as if those

6 provisions were set forth herein.

7   Whenever the Department determines that a refund should be

8 made under this paragraph to a claimant instead of issuing a

9 credit memorandum, the Department shall notify the State

10 Comptroller, who shall cause the order to be drawn for the

11 amount specified, and to the person named, in the notification

12 from the Department. The refund shall be paid by the State

13 Treasurer out of the Metro East Mass Transit District tax fund

14 established under paragraph (h) of this Section.

15  (d-1) If, on January 1, 2025, a unit of local government

16 has in effect a tax under subsections (b), (c), and (d) or if,

17 after January 1, 2025, a unit of local government imposes a tax

18 under subsections (b), (c), and (d), then that tax applies to

19 leases of tangible personal property in effect, entered into,

20 or renewed on or after that date in the same manner as the tax

21 under this Section and in accordance with the changes made by

22 this amendatory Act of the 103rd General Assembly.

23  (d-5) (A) The county board of any county participating in

24 the Metro East Mass Transit District may authorize, by

25 ordinance, a referendum on the question of whether the tax

26 rates for the Metro East Mass Transit District Retailers'
    SB3019 Enrolled  - 480 - LRB104 20255 HLH 33706 b

1 Occupation Tax, the Metro East Mass Transit District Service

2 Occupation Tax, and the Metro East Mass Transit District Use

3 Tax for the District should be increased from 0.25% to 0.75%.

4 Upon adopting the ordinance, the county board shall certify

5 the proposition to the proper election officials who shall

6 submit the proposition to the voters of the District at the

7 next election, in accordance with the general election law.

8   The proposition shall be in substantially the following

9 form:

10       Shall the tax rates for the Metro East Mass Transit

11  District Retailers' Occupation Tax, the Metro East Mass

12  Transit District Service Occupation Tax, and the Metro

13  East Mass Transit District Use Tax be increased from 0.25%

14  to 0.75%?

15  (B) Two thousand five hundred electors of any Metro East

16 Mass Transit District may petition the Chief Judge of the

17 Circuit Court, or any judge of that Circuit designated by the

18 Chief Judge, in which that District is located to cause to be

19 submitted to a vote of the electors the question whether the

20 tax rates for the Metro East Mass Transit District Retailers'

21 Occupation Tax, the Metro East Mass Transit District Service

22 Occupation Tax, and the Metro East Mass Transit District Use

23 Tax for the District should be increased from 0.25% to 0.75%.

24  Upon submission of such petition the court shall set a

25 date not less than 10 nor more than 30 days thereafter for a

26 hearing on the sufficiency thereof. Notice of the filing of
    SB3019 Enrolled         - 481 - LRB104 20255 HLH 33706 b

1 such petition and of such date shall be given in writing to the

2 District and the County Clerk at least 7 days before the date

3 of such hearing.

4   If such petition is found sufficient, the court shall

5 enter an order to submit that proposition at the next

6 election, in accordance with general election law.

7   The form of the petition shall be in substantially the

8 following form: To the Circuit Court of the County of (name of

9 county):

10  We, the undersigned electors of the (name of transit

11  district), respectfully petition your honor to submit to a

12  vote of the electors of (name of transit district) the

13  following proposition:

14  Shall the tax rates for the Metro East Mass Transit

15  District Retailers' Occupation Tax, the Metro East Mass

16  Transit District Service Occupation Tax, and the Metro

17  East Mass Transit District Use Tax be increased from 0.25%

18  to 0.75%?

19  Name                    Address, with Street and Number.

20  .................... ......................................

21  .................... ......................................

22  (C) The votes shall be recorded as "YES" or "NO". If a

23 majority of all votes cast on the proposition are for the

24 increase in the tax rates, the Metro East Mass Transit

25 District shall begin imposing the increased rates in the

26 District, and the Department of Revenue shall begin collecting
    SB3019 Enrolled  - 482 - LRB104 20255 HLH 33706 b

1 the increased amounts, as provided under this Section. An

2 ordinance imposing or discontinuing a tax hereunder or

3 effecting a change in the rate thereof shall be adopted and a

4 certified copy thereof filed with the Department on or before

5 the first day of October, whereupon the Department shall

6 proceed to administer and enforce this Section as of the first

7 day of January next following the adoption and filing, or on or

8 before the first day of April, whereupon the Department shall

9 proceed to administer and enforce this Section as of the first

10 day of July next following the adoption and filing.

11  (D) If the voters have approved a referendum under this

12 subsection, before November 1, 1994, to increase the tax rate

13 under this subsection, the Metro East Mass Transit District

14 Board of Trustees may adopt by a majority vote an ordinance at

15 any time before January 1, 1995 that excludes from the rate

16 increase tangible personal property that is titled or

17 registered with an agency of this State's government. The

18 ordinance excluding titled or registered tangible personal

19 property from the rate increase must be filed with the

20 Department at least 15 days before its effective date. At any

21 time after adopting an ordinance excluding from the rate

22 increase tangible personal property that is titled or

23 registered with an agency of this State's government, the

24 Metro East Mass Transit District Board of Trustees may adopt

25 an ordinance applying the rate increase to that tangible

26 personal property. The ordinance shall be adopted, and a
SB3019 Enrolled  - 483 - LRB104 20255 HLH 33706 b

 1 certified copy of that ordinance shall be filed with the
 2 Department, on or before October 1, whereupon the Department
 3 shall proceed to administer and enforce the rate increase
 4 against tangible personal property titled or registered with
 5 an agency of this State's government as of the following
 6 January 1. After December 31, 1995, any reimposed rate
 7 increase in effect under this subsection shall no longer apply
 8 to tangible personal property titled or registered with an
 9 agency of this State's government. Beginning January 1, 1996,
10 the Board of Trustees of any Metro East Mass Transit District
11 may never reimpose a previously excluded tax rate increase on
12 tangible personal property titled or registered with an agency
13 of this State's government. After July 1, 2004, if the voters
14 have approved a referendum under this subsection to increase
15 the tax rate under this subsection, the Metro East Mass
16 Transit District Board of Trustees may adopt by a majority
17 vote an ordinance that excludes from the rate increase
18 tangible personal property that is titled or registered with
19 an agency of this State's government. The ordinance excluding
20 titled or registered tangible personal property from the rate
21 increase shall be adopted, and a certified copy of that
22 ordinance shall be filed with the Department on or before
23 October 1, whereupon the Department shall administer and
24 enforce this exclusion from the rate increase as of the
25 following January 1, or on or before April 1, whereupon the
26 Department shall administer and enforce this exclusion from
    SB3019 Enrolled       - 484 - LRB104 20255 HLH 33706 b

1 the rate increase as of the following July 1. The Board of

2 Trustees of any Metro East Mass Transit District may never

3 reimpose a previously excluded tax rate increase on tangible

4 personal property titled or registered with an agency of this

5 State's government.

6   (d-6) If the Board of Trustees of any Metro East Mass

7 Transit District has imposed a rate increase under subsection

8 (d-5) and filed an ordinance with the Department of Revenue

9 excluding titled property from the higher rate, then that

10 Board may, by ordinance adopted with the concurrence of

11 two-thirds of the then trustees, impose throughout the

12 District a fee. The fee on the excluded property shall not

13 exceed $20 per retail transaction or an amount equal to the

14 amount of tax excluded, whichever is less, on tangible

15 personal property that is titled or registered with an agency

16 of this State's government. Beginning July 1, 2004, the fee

17 shall apply only to titled property that is subject to either

18 the Metro East Mass Transit District Retailers' Occupation Tax

19 or the Metro East Mass Transit District Service Occupation

20 Tax. No fee shall be imposed or collected under this

21 subsection on the sale of a motor vehicle in this State to a

22 resident of another state if that motor vehicle will not be

23 titled in this State.

24  (d-7) Until June 30, 2004, if a fee has been imposed under

25 subsection (d-6), a fee shall also be imposed upon the

26 privilege of using, in the district, any item of tangible
    SB3019 Enrolled   - 485 - LRB104 20255 HLH 33706 b

1 personal property that is titled or registered with any agency

2 of this State's government, in an amount equal to the amount of

3 the fee imposed under subsection (d-6).

4   (d-7.1) Beginning July 1, 2004, any fee imposed by the

5 Board of Trustees of any Metro East Mass Transit District

6 under subsection (d-6) and all civil penalties that may be

7 assessed as an incident of the fees shall be collected and

8 enforced by the State Department of Revenue. Reference to

9 "taxes" in this Section shall be construed to apply to the

10 administration, payment, and remittance of all fees under this

11 Section. For purposes of any fee imposed under subsection

12 (d-6), 4% of the fee, penalty, and interest received by the

13 Department in the first 12 months that the fee is collected and

14 enforced by the Department and 2% of the fee, penalty, and

15 interest following the first 12 months (except the amount

16 collected on aviation fuel sold on or after December 1, 2019)

17 shall be deposited into the Tax Compliance and Administration

18 Fund and shall be used by the Department, subject to

19 appropriation, to cover the costs of the Department. No

20 retailers' discount shall apply to any fee imposed under

21 subsection (d-6).

22  (d-8) No item of titled property shall be subject to both

23 the higher rate approved by referendum, as authorized under

24 subsection (d-5), and any fee imposed under subsection (d-6)

25 or (d-7).

26  (d-9) (Blank).
    SB3019 Enrolled  - 486 - LRB104 20255 HLH 33706 b

1   (d-10) (Blank).

2   (e) A certificate of registration issued by the State

3 Department of Revenue to a retailer under the Retailers'

4 Occupation Tax Act or under the Service Occupation Tax Act

5 shall permit the registrant to engage in a business that is

6 taxed under the tax imposed under paragraphs (b), (c) or (d) of

7 this Section and no additional registration shall be required

8 under the tax. A certificate issued under the Use Tax Act or

9 the Service Use Tax Act shall be applicable with regard to any

10 tax imposed under paragraph (c) of this Section.

11  (f) (Blank).

12  (g) Any ordinance imposing or discontinuing any tax under

13 this Section shall be adopted and a certified copy thereof

14 filed with the Department on or before June 1, whereupon the

15 Department of Revenue shall proceed to administer and enforce

16 this Section on behalf of the Metro East Mass Transit District

17 as of September 1 next following such adoption and filing.

18 Beginning January 1, 1992, an ordinance or resolution imposing

19 or discontinuing the tax hereunder shall be adopted and a

20 certified copy thereof filed with the Department on or before

21 the first day of July, whereupon the Department shall proceed

22 to administer and enforce this Section as of the first day of

23 October next following such adoption and filing. Beginning

24 January 1, 1993, except as provided in subsection (d-5) of

25 this Section, an ordinance or resolution imposing or

26 discontinuing the tax hereunder shall be adopted and a
    SB3019 Enrolled         - 487 - LRB104 20255 HLH 33706 b

1 certified copy thereof filed with the Department on or before

2 the first day of October, whereupon the Department shall

3 proceed to administer and enforce this Section as of the first

4 day of January next following such adoption and filing, or,

5 beginning January 1, 2004, on or before the first day of April,

6 whereupon the Department shall proceed to administer and

7 enforce this Section as of the first day of July next following

8 the adoption and filing.

9   (h) Except as provided in subsection (d-7.1), the State

10 Department of Revenue shall, upon collecting any taxes as

11 provided in this Section, pay the taxes over to the State

12 Treasurer as trustee for the District. The taxes shall be held

13 in a trust fund outside the State treasury. If an

14 airport-related purpose has been certified, taxes and

15 penalties collected in St. Clair County on aviation fuel sold

16 on or after December 1, 2019 from the 0.50% of the 0.75% rate

17 shall be immediately paid over by the Department to the State

18 Treasurer, ex officio, as trustee, for deposit into the Local

19 Government Aviation Trust Fund. The Department shall only pay

20 moneys into the Local Government Aviation Trust Fund under

21 this Act for so long as the revenue use requirements of 49

22 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

23 District.

24  As soon as possible after the first day of each month,

25 beginning January 1, 2011, upon certification of the

26 Department of Revenue, the Comptroller shall order
    SB3019 Enrolled  - 488 - LRB104 20255 HLH 33706 b

1 transferred, and the Treasurer shall transfer, to the STAR

2 Bonds Revenue Fund the local sales tax increment, as defined

3 in the Innovation Development and Economy Act, collected under

4 this Section during the second preceding calendar month for

5 sales within a STAR bond district. The Department shall make

6 this certification only if the local mass transit district

7 imposes a tax on real property as provided in the definition of

8 "local sales taxes" under the Innovation Development and

9 Economy Act.

10  After the monthly transfer to the STAR Bonds Revenue Fund,

11 on or before the 25th day of each calendar month, the State

12 Department of Revenue shall prepare and certify to the

13 Comptroller of the State of Illinois the amount to be paid to

14 the District, which shall be the amount (not including credit

15 memoranda and not including taxes and penalties collected on

16 aviation fuel sold on or after December 1, 2019 that are

17 deposited into the Local Government Aviation Trust Fund)

18 collected under this Section during the second preceding

19 calendar month by the Department plus an amount the Department

20 determines is necessary to offset any amounts that were

21 erroneously paid to a different taxing body, and not including

22 any amount equal to the amount of refunds made during the

23 second preceding calendar month by the Department on behalf of

24 the District, and not including any amount that the Department

25 determines is necessary to offset any amounts that were

26 payable to a different taxing body but were erroneously paid
    SB3019 Enrolled    - 489 - LRB104 20255 HLH 33706 b

 1 to the District, and less any amounts that are transferred to
 2 the STAR Bonds Revenue Fund, less 1.5% of the remainder, which
 3 the Department shall transfer into the Tax Compliance and
 4 Administration Fund. The Department, at the time of each
 5 monthly disbursement to the District, shall prepare and
 6 certify to the State Comptroller the amount to be transferred
 7 into the Tax Compliance and Administration Fund under this
 8 subsection. Within 10 days after receipt by the Comptroller of
 9 the certification of the amount to be paid to the District and
10 the Tax Compliance and Administration Fund, the Comptroller
11 shall cause an order to be drawn for payment for the amount in
12 accordance with the direction in the certification.
13 (Source: P.A. 103-592, eff. 1-1-25; 104-6, eff. 1-1-26.)

14  Section 70-100. The Regional Transportation Authority Act

15 is amended by changing Section 4.03 as follows:

16  (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)

17  (Text of Section before amendment by P.A. 104-457)

18  Sec. 4.03. Taxes.

19  (a) In order to carry out any of the powers or purposes of

20 the Authority, the Board may, by ordinance adopted with the

21 concurrence of 12 of the then Directors, impose throughout the

22 metropolitan region any or all of the taxes provided in this

23 Section. Except as otherwise provided in this Act, taxes

24 imposed under this Section and civil penalties imposed
    SB3019 Enrolled  - 490 - LRB104 20255 HLH 33706 b

1 incident thereto shall be collected and enforced by the State

2 Department of Revenue. The Department shall have the power to

3 administer and enforce the taxes and to determine all rights

4 for refunds for erroneous payments of the taxes. Nothing in

5 Public Act 95-708 is intended to invalidate any taxes

6 currently imposed by the Authority. The increased vote

7 requirements to impose a tax shall only apply to actions taken

8 after January 1, 2008 (the effective date of Public Act

9 95-708).

10  (b) The Board may impose a public transportation tax upon

11 all persons engaged in the metropolitan region in the business

12 of selling at retail motor fuel for operation of motor

13 vehicles upon public highways. The tax shall be at a rate not

14 to exceed 5% of the gross receipts from the sales of motor fuel

15 in the course of the business. As used in this Act, the term

16 "motor fuel" shall have the same meaning as in the Motor Fuel

17 Tax Law. The Board may provide for details of the tax. The

18 provisions of any tax shall conform, as closely as may be

19 practicable, to the provisions of the Municipal Retailers

20 Occupation Tax Act, including, without limitation, conformity

21 to penalties with respect to the tax imposed and as to the

22 powers of the State Department of Revenue to promulgate and

23 enforce rules and regulations relating to the administration

24 and enforcement of the provisions of the tax imposed, except

25 that reference in the Act to any municipality shall refer to

26 the Authority and the tax shall be imposed only with regard to
    SB3019 Enrolled    - 491 - LRB104 20255 HLH 33706 b

1 receipts from sales of motor fuel in the metropolitan region,

2 at rates as limited by this Section.

3   (c) In connection with the tax imposed under paragraph (b)

4 of this Section, the Board may impose a tax upon the privilege

5 of using in the metropolitan region motor fuel for the

6 operation of a motor vehicle upon public highways, the tax to

7 be at a rate not in excess of the rate of tax imposed under

8 paragraph (b) of this Section. The Board may provide for

9 details of the tax.

10  (d) The Board may impose a motor vehicle parking tax upon

11 the privilege of parking motor vehicles at off-street parking

12 facilities in the metropolitan region at which a fee is

13 charged, and may provide for reasonable classifications in and

14 exemptions to the tax, for administration and enforcement

15 thereof and for civil penalties and refunds thereunder and may

16 provide criminal penalties thereunder, the maximum penalties

17 not to exceed the maximum criminal penalties provided in the

18 Retailers' Occupation Tax Act. The Authority may collect and

19 enforce the tax itself or by contract with any unit of local

20 government. The State Department of Revenue shall have no

21 responsibility for the collection and enforcement unless the

22 Department agrees with the Authority to undertake the

23 collection and enforcement. As used in this paragraph, the

24 term "parking facility" means a parking area or structure

25 having parking spaces for more than 2 vehicles at which motor

26 vehicles are permitted to park in return for an hourly, daily,
   SB3019 Enrolled  - 492 - LRB104 20255 HLH 33706 b

1 or other periodic fee, whether publicly or privately owned,

2 but does not include parking spaces on a public street, the use

3 of which is regulated by parking meters.

4  (e) The Board may impose a Regional Transportation

5 Authority Retailers' Occupation Tax upon all persons engaged

6 in the business of selling tangible personal property at

7 retail in the metropolitan region. In Cook County, the tax

8 rate shall be 1.25% of the gross receipts from sales of food

9 for human consumption that is to be consumed off the premises

10 where it is sold (other than alcoholic liquor taxable under

11 Section 8-1 of the Liquor Control Act of 1934, beverages, food

12 consisting of or infused with adult use cannabis, soft drinks,

13 candy, and food that has been prepared for immediate

14 consumption) and tangible personal property taxed at the 1%

15 rate under the Retailers' Occupation Tax Act, and 1% of the

16 gross receipts from other taxable sales made in the course of

17 that business. In DuPage, Kane, Lake, McHenry, and Will

18 counties, the tax rate shall be 0.75% of the gross receipts

19 from all taxable sales made in the course of that business,

20 including sales of food for human consumption that is to be

21 consumed off the premises where it is sold (other than

22 alcoholic liquor taxable under Section 8-1 of the Liquor

23 Control Act of 1934, beverages, food consisting of or infused

24 with adult use cannabis, soft drinks, candy, and food that has

25 been prepared for immediate consumption). The rate of tax

26 imposed in DuPage, Kane, Lake, McHenry, and Will counties
SB3019 Enrolled  - 493 - LRB104 20255 HLH 33706 b

 1 under this Section on sales of aviation fuel on or after
 2 December 1, 2019 shall, however, be 0.25% unless the Regional
 3 Transportation Authority in DuPage, Kane, Lake, McHenry, and
 4 Will counties has an "airport-related purpose" and the
 5 additional 0.50% of the 0.75% tax on aviation fuel is expended
 6 for airport-related purposes. If there is no airport-related
 7 purpose to which aviation fuel tax revenue is dedicated, then
 8 aviation fuel is excluded from the additional 0.50% of the
 9 0.75% tax. The tax imposed under this Section and all civil
10 penalties that may be assessed as an incident thereof shall be
11 collected and enforced by the State Department of Revenue. The
12 Department shall have full power to administer and enforce
13 this Section; to collect all taxes and penalties so collected
14 in the manner hereinafter provided; and to determine all
15 rights to credit memoranda arising on account of the erroneous
16 payment of tax or penalty hereunder. In the administration of,
17 and compliance with this Section, the Department and persons
18 who are subject to this Section shall have the same rights,
19 remedies, privileges, immunities, powers, and duties, and be
20 subject to the same conditions, restrictions, limitations,
21 penalties, exclusions, exemptions, and definitions of terms,
22 and employ the same modes of procedure, as are prescribed in
23 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
24 (in respect to all provisions therein other than the State
25 rate of tax and other than the exemption for food for human
26 consumption that is to be consumed off the premises where it is
    SB3019 Enrolled   - 494 - LRB104 20255 HLH 33706 b

1 sold (other than alcoholic liquor taxable under Section 8-1 of

2 the Liquor Control Act of 1934, beverages, food consisting of

3 or infused with adult use cannabis, soft drinks, candy, and

4 food that has been prepared for immediate consumption), which

5 is taxed at the rate as provided in this subsection), 2c, 3

6 (except as to the disposition of taxes and penalties

7 collected, and except that the retailer's discount is not

8 allowed for taxes paid on aviation fuel that are subject to the

9 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

10 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,

11 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the

12 Retailers' Occupation Tax Act and Section 3-7 of the Uniform

13 Penalty and Interest Act, as fully as if those provisions were

14 set forth herein.

15  The Board and DuPage, Kane, Lake, McHenry, and Will

16 counties must comply with the certification requirements for

17 airport-related purposes under Section 2-22 of the Retailers'

18 Occupation Tax Act. For purposes of this Section,

19 "airport-related purposes" has the meaning ascribed in Section

20 6z-20.2 of the State Finance Act. This exclusion for aviation

21 fuel only applies for so long as the revenue use requirements

22 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

23 Authority.

24  Persons subject to any tax imposed under the authority

25 granted in this Section may reimburse themselves for their

26 seller's tax liability hereunder by separately stating the tax
    SB3019 Enrolled  - 495 - LRB104 20255 HLH 33706 b

1 as an additional charge, which charge may be stated in

2 combination in a single amount with State taxes that sellers

3 are required to collect under the Use Tax Act, under any

4 bracket schedules the Department may prescribe.

5   Whenever the Department determines that a refund should be

6 made under this Section to a claimant instead of issuing a

7 credit memorandum, the Department shall notify the State

8 Comptroller, who shall cause the warrant to be drawn for the

9 amount specified, and to the person named, in the notification

10 from the Department. The refund shall be paid by the State

11 Treasurer out of the Regional Transportation Authority tax

12 fund established under paragraph (n) of this Section or the

13 Local Government Aviation Trust Fund, as appropriate.

14  If a tax is imposed under this subsection (e), a tax shall

15 also be imposed under subsections (f) and (g) of this Section.

16  For the purpose of determining whether a tax authorized

17 under this Section is applicable, a retail sale by a producer

18 of coal or other mineral mined in Illinois, is a sale at retail

19 at the place where the coal or other mineral mined in Illinois

20 is extracted from the earth. This paragraph does not apply to

21 coal or other mineral when it is delivered or shipped by the

22 seller to the purchaser at a point outside Illinois so that the

23 sale is exempt under the Federal Constitution as a sale in

24 interstate or foreign commerce.

25  No tax shall be imposed or collected under this subsection

26 on the sale of a motor vehicle in this State to a resident of
   SB3019 Enrolled            - 496 - LRB104 20255 HLH 33706 b

1 another state if that motor vehicle will not be titled in this

2 State.

3  Nothing in this Section shall be construed to authorize

4 the Regional Transportation Authority to impose a tax upon the

5 privilege of engaging in any business that under the

6 Constitution of the United States may not be made the subject

7 of taxation by this State.

8  (f) If a tax has been imposed under paragraph (e), a

9 Regional Transportation Authority Service Occupation Tax shall

10 also be imposed upon all persons engaged in the metropolitan

11 region in the business of making sales of service who, as an

12 incident to making the sales of service, transfer tangible

13 personal property within the metropolitan region, either in

14 the form of tangible personal property or in the form of real

15 estate as an incident to a sale of service. In Cook County, the

16 tax rate shall be: (1) 1.25% of the serviceman's cost price of

17 food prepared for immediate consumption and transferred

18 incident to a sale of service subject to the service

19 occupation tax by an entity that is located in the

20 metropolitan region and that is licensed under the Hospital

21 Licensing Act, the Nursing Home Care Act, the Assisted Living

22 and Shared Housing Act, the Specialized Mental Health

23 Rehabilitation Act of 2013, the ID/DD Community Care Act, the

24 MC/DD Act, or the Child Care Act of 1969, or an entity that

25 holds a permit issued pursuant to the Life Care Facilities

26 Act; (2) 1.25% of the selling price of food for human
SB3019 Enrolled  - 497 - LRB104 20255 HLH 33706 b

 1 consumption that is to be consumed off the premises where it is
 2 sold (other than alcoholic liquor taxable under Section 8-1 of
 3 the Liquor Control Act of 1934, beverages, food consisting of
 4 or infused with adult use cannabis, soft drinks, candy, and
 5 food that has been prepared for immediate consumption) and
 6 tangible personal property taxed at the 1% rate under the
 7 Service Occupation Tax Act; and (3) 1% of the selling price
 8 from other taxable sales of tangible personal property
 9 transferred. In DuPage, Kane, Lake, McHenry, and Will
10 counties, the rate shall be (1) 0.75% of the selling price of
11 all tangible personal property transferred, including food for
12 human consumption that is to be consumed off the premises
13 where it is sold (other than alcoholic liquor taxable under
14 Section 8-1 of the Liquor Control Act of 1934, beverages, food
15 consisting of or infused with adult use cannabis, soft drinks,
16 candy, and food that has been prepared for immediate
17 consumption); and (2) 0.75% of the serviceman's cost price of
18 food prepared for immediate consumption and transferred
19 incident to a sale of service subject to the service
20 occupation tax by an entity that is located in the
21 metropolitan region and that is licensed under the Hospital
22 Licensing Act, the Nursing Home Care Act, the Assisted Living
23 and Shared Housing Act, the Specialized Mental Health
24 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
25 the MC/DD Act, or the Child Care Act of 1969, or an entity that
26 holds a permit issued pursuant to the Life Care Facilities
    SB3019 Enrolled        - 498 - LRB104 20255 HLH 33706 b

1 Act. The rate of tax imposed in DuPage, Kane, Lake, McHenry,

2 and Will counties under this Section on sales of aviation fuel

3 on or after December 1, 2019 shall, however, be 0.25% unless

4 the Regional Transportation Authority in DuPage, Kane, Lake,

5 McHenry, and Will counties has an "airport-related purpose"

6 and the additional 0.50% of the 0.75% tax on aviation fuel is

7 expended for airport-related purposes. If there is no

8 airport-related purpose to which aviation fuel tax revenue is

9 dedicated, then aviation fuel is excluded from the additional

10 0.5% of the 0.75% tax.

11  The Board and DuPage, Kane, Lake, McHenry, and Will

12 counties must comply with the certification requirements for

13 airport-related purposes under Section 2-22 of the Retailers'

14 Occupation Tax Act. For purposes of this Section,

15 "airport-related purposes" has the meaning ascribed in Section

16 6z-20.2 of the State Finance Act. This exclusion for aviation

17 fuel only applies for so long as the revenue use requirements

18 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

19 Authority.

20  The tax imposed under this paragraph and all civil

21 penalties that may be assessed as an incident thereof shall be

22 collected and enforced by the State Department of Revenue. The

23 Department shall have full power to administer and enforce

24 this paragraph; to collect all taxes and penalties due

25 hereunder; to dispose of taxes and penalties collected in the

26 manner hereinafter provided; and to determine all rights to
SB3019 Enrolled  - 499 - LRB104 20255 HLH 33706 b

 1 credit memoranda arising on account of the erroneous payment
 2 of tax or penalty hereunder. In the administration of and
 3 compliance with this paragraph, the Department and persons who
 4 are subject to this paragraph shall have the same rights,
 5 remedies, privileges, immunities, powers, and duties, and be
 6 subject to the same conditions, restrictions, limitations,
 7 penalties, exclusions, exemptions, and definitions of terms,
 8 and employ the same modes of procedure, as are prescribed in
 9 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
10 provisions therein other than (i) the State rate of tax; (ii)
11 the exemption for food for human consumption that is to be
12 consumed off the premises where it is sold (other than
13 alcoholic liquor taxable under Section 8-1 of the Liquor
14 Control Act of 1934, beverages, food consisting of or infused
15 with adult use cannabis, soft drinks, candy, and food that has
16 been prepared for immediate consumption), which is taxed at
17 the rate as provided in this subsection; and (iii) the
18 exemption for food prepared for immediate consumption and
19 transferred incident to a sale of service subject to the
20 service occupation tax by an entity that is licensed under the
21 Hospital Licensing Act, the Nursing Home Care Act, the
22 Assisted Living and Shared Housing Act, the Specialized Mental
23 Health Rehabilitation Act of 2013, the ID/DD Community Care
24 Act, or the MC/DD Act, or the Child Care Act of 1969, or an
25 entity that holds a permit issued pursuant to the Life Care
26 Facilities Act, which is taxed at the rate as provided in this
    SB3019 Enrolled   - 500 - LRB104 20255 HLH 33706 b

1 subsection), 4 (except that the reference to the State shall

2 be to the Authority), 5, 7, 8 (except that the jurisdiction to

3 which the tax shall be a debt to the extent indicated in that

4 Section 8 shall be the Authority), 9 (except as to the

5 disposition of taxes and penalties collected, and except that

6 the returned merchandise credit for this tax may not be taken

7 against any State tax, and except that the retailer's discount

8 is not allowed for taxes paid on aviation fuel that are subject

9 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

10 U.S.C. 47133), 10, 11, 12 (except the reference therein to

11 Section 2b of the Retailers' Occupation Tax Act), 13 (except

12 that any reference to the State shall mean the Authority), the

13 first paragraph of Section 15, 16, 17, 18, 19, and 20 of the

14 Service Occupation Tax Act and Section 3-7 of the Uniform

15 Penalty and Interest Act, as fully as if those provisions were

16 set forth herein.

17  Persons subject to any tax imposed under the authority

18 granted in this paragraph may reimburse themselves for their

19 serviceman's tax liability hereunder by separately stating the

20 tax as an additional charge, that charge may be stated in

21 combination in a single amount with State tax that servicemen

22 are authorized to collect under the Service Use Tax Act, under

23 any bracket schedules the Department may prescribe.

24  Whenever the Department determines that a refund should be

25 made under this paragraph to a claimant instead of issuing a

26 credit memorandum, the Department shall notify the State
    SB3019 Enrolled  - 501 - LRB104 20255 HLH 33706 b

1 Comptroller, who shall cause the warrant to be drawn for the

2 amount specified, and to the person named in the notification

3 from the Department. The refund shall be paid by the State

4 Treasurer out of the Regional Transportation Authority tax

5 fund established under paragraph (n) of this Section or the

6 Local Government Aviation Trust Fund, as appropriate.

7   Nothing in this paragraph shall be construed to authorize

8 the Authority to impose a tax upon the privilege of engaging in

9 any business that under the Constitution of the United States

10 may not be made the subject of taxation by the State.

11  (g) If a tax has been imposed under paragraph (e), a tax

12 shall also be imposed upon the privilege of using in the

13 metropolitan region, any item of tangible personal property

14 that is purchased outside the metropolitan region at retail

15 from a retailer, and that is titled or registered with an

16 agency of this State's government. In Cook County, the tax

17 rate shall be 1% of the selling price of the tangible personal

18 property, as "selling price" is defined in the Use Tax Act. In

19 DuPage, Kane, Lake, McHenry, and Will counties, the tax rate

20 shall be 0.75% of the selling price of the tangible personal

21 property, as "selling price" is defined in the Use Tax Act. The

22 tax shall be collected from persons whose Illinois address for

23 titling or registration purposes is given as being in the

24 metropolitan region. The tax shall be collected by the

25 Department of Revenue for the Regional Transportation

26 Authority. The tax must be paid to the State, or an exemption
    SB3019 Enrolled       - 502 - LRB104 20255 HLH 33706 b

1 determination must be obtained from the Department of Revenue,

2 before the title or certificate of registration for the

3 property may be issued. The tax or proof of exemption may be

4 transmitted to the Department by way of the State agency with

5 which, or the State officer with whom, the tangible personal

6 property must be titled or registered if the Department and

7 the State agency or State officer determine that this

8 procedure will expedite the processing of applications for

9 title or registration.

10  The Department shall have full power to administer and

11 enforce this paragraph; to collect all taxes, penalties, and

12 interest due hereunder; to dispose of taxes, penalties, and

13 interest collected in the manner hereinafter provided; and to

14 determine all rights to credit memoranda or refunds arising on

15 account of the erroneous payment of tax, penalty, or interest

16 hereunder. In the administration of and compliance with this

17 paragraph, the Department and persons who are subject to this

18 paragraph shall have the same rights, remedies, privileges,

19 immunities, powers, and duties, and be subject to the same

20 conditions, restrictions, limitations, penalties, exclusions,

21 exemptions, and definitions of terms and employ the same modes

22 of procedure, as are prescribed in Sections 2 (except the

23 definition of "retailer maintaining a place of business in

24 this State"), 3 through 3-80 (except provisions pertaining to

25 the State rate of tax, and except provisions concerning

26 collection or refunding of the tax by retailers), 4, 11, 12,
    SB3019 Enrolled     - 503 - LRB104 20255 HLH 33706 b

1 12a, 14, 15, 19 (except the portions pertaining to claims by

2 retailers and except the last paragraph concerning refunds),

3 20, 21, and 22 of the Use Tax Act, and are not inconsistent

4 with this paragraph, as fully as if those provisions were set

5 forth herein.

6   Whenever the Department determines that a refund should be

7 made under this paragraph to a claimant instead of issuing a

8 credit memorandum, the Department shall notify the State

9 Comptroller, who shall cause the order to be drawn for the

10 amount specified, and to the person named in the notification

11 from the Department. The refund shall be paid by the State

12 Treasurer out of the Regional Transportation Authority tax

13 fund established under paragraph (n) of this Section.

14  (g-5) If, on January 1, 2025, a unit of local government

15 has in effect a tax under subsections (e), (f), and (g), or if,

16 after January 1, 2025, a unit of local government imposes a tax

17 under subsections (e), (f), and (g), then that tax applies to

18 leases of tangible personal property in effect, entered into,

19 or renewed on or after that date in the same manner as the tax

20 under this Section and in accordance with the changes made by

21 Public Act 103-592.

22  (h) The Authority may impose a replacement vehicle tax of

23 $50 on any passenger car as defined in Section 1-157 of the

24 Illinois Vehicle Code purchased within the metropolitan region

25 by or on behalf of an insurance company to replace a passenger

26 car of an insured person in settlement of a total loss claim.
    SB3019 Enrolled  - 504 - LRB104 20255 HLH 33706 b

1 The tax imposed may not become effective before the first day

2 of the month following the passage of the ordinance imposing

3 the tax and receipt of a certified copy of the ordinance by the

4 Department of Revenue. The Department of Revenue shall collect

5 the tax for the Authority in accordance with Sections 3-2002

6 and 3-2003 of the Illinois Vehicle Code.

7   The Department shall immediately pay over to the State

8 Treasurer, ex officio, as trustee, all taxes collected

9 hereunder.

10  As soon as possible after the first day of each month,

11 beginning January 1, 2011, upon certification of the

12 Department of Revenue, the Comptroller shall order

13 transferred, and the Treasurer shall transfer, to the STAR

14 Bonds Revenue Fund the local sales tax increment, as defined

15 in the Innovation Development and Economy Act, collected under

16 this Section during the second preceding calendar month for

17 sales within a STAR bond district.

18  After the monthly transfer to the STAR Bonds Revenue Fund,

19 on or before the 25th day of each calendar month, the

20 Department shall prepare and certify to the Comptroller the

21 disbursement of stated sums of money to the Authority. The

22 amount to be paid to the Authority shall be the amount

23 collected hereunder during the second preceding calendar month

24 by the Department, less any amount determined by the

25 Department to be necessary for the payment of refunds, and

26 less any amounts that are transferred to the STAR Bonds
    SB3019 Enrolled   - 505 - LRB104 20255 HLH 33706 b

1 Revenue Fund. Within 10 days after receipt by the Comptroller

2 of the disbursement certification to the Authority provided

3 for in this Section to be given to the Comptroller by the

4 Department, the Comptroller shall cause the orders to be drawn

5 for that amount in accordance with the directions contained in

6 the certification.

7   (i) The Board may not impose any other taxes except as it

8 may from time to time be authorized by law to impose.

9   (j) A certificate of registration issued by the State

10 Department of Revenue to a retailer under the Retailers'

11 Occupation Tax Act or under the Service Occupation Tax Act

12 shall permit the registrant to engage in a business that is

13 taxed under the tax imposed under paragraphs (b), (e), (f) or

14 (g) of this Section and no additional registration shall be

15 required under the tax. A certificate issued under the Use Tax

16 Act or the Service Use Tax Act shall be applicable with regard

17 to any tax imposed under paragraph (c) of this Section.

18  (k) The provisions of any tax imposed under paragraph (c)

19 of this Section shall conform as closely as may be practicable

20 to the provisions of the Use Tax Act, including, without

21 limitation, conformity as to penalties with respect to the tax

22 imposed and as to the powers of the State Department of Revenue

23 to promulgate and enforce rules and regulations relating to

24 the administration and enforcement of the provisions of the

25 tax imposed. The taxes shall be imposed only on use within the

26 metropolitan region and at rates as provided in the paragraph.
    SB3019 Enrolled  - 506 - LRB104 20255 HLH 33706 b

1   (l) The Board in imposing any tax as provided in

2 paragraphs (b) and (c) of this Section, shall, after seeking

3 the advice of the State Department of Revenue, provide means

4 for retailers, users or purchasers of motor fuel for purposes

5 other than those with regard to which the taxes may be imposed

6 as provided in those paragraphs to receive refunds of taxes

7 improperly paid, which provisions may be at variance with the

8 refund provisions as applicable under the Municipal Retailers

9 Occupation Tax Act. The State Department of Revenue may

10 provide for certificates of registration for users or

11 purchasers of motor fuel for purposes other than those with

12 regard to which taxes may be imposed as provided in paragraphs

13 (b) and (c) of this Section to facilitate the reporting and

14 nontaxability of the exempt sales or uses.

15  (m) Any ordinance imposing or discontinuing any tax under

16 this Section shall be adopted and a certified copy thereof

17 filed with the Department on or before June 1, whereupon the

18 Department of Revenue shall proceed to administer and enforce

19 this Section on behalf of the Regional Transportation

20 Authority as of September 1 next following such adoption and

21 filing. Beginning January 1, 1992, an ordinance or resolution

22 imposing or discontinuing the tax hereunder shall be adopted

23 and a certified copy thereof filed with the Department on or

24 before the first day of July, whereupon the Department shall

25 proceed to administer and enforce this Section as of the first

26 day of October next following such adoption and filing.
    SB3019 Enrolled  - 507 - LRB104 20255 HLH 33706 b

1 Beginning January 1, 1993, an ordinance or resolution

2 imposing, increasing, decreasing, or discontinuing the tax

3 hereunder shall be adopted and a certified copy thereof filed

4 with the Department, whereupon the Department shall proceed to

5 administer and enforce this Section as of the first day of the

6 first month to occur not less than 60 days following such

7 adoption and filing. Any ordinance or resolution of the

8 Authority imposing a tax under this Section and in effect on

9 August 1, 2007 shall remain in full force and effect and shall

10 be administered by the Department of Revenue under the terms

11 and conditions and rates of tax established by such ordinance

12 or resolution until the Department begins administering and

13 enforcing an increased tax under this Section as authorized by

14 Public Act 95-708. The tax rates authorized by Public Act

15 95-708 are effective only if imposed by ordinance of the

16 Authority.

17  (n) Except as otherwise provided in this subsection (n),

18 the State Department of Revenue shall, upon collecting any

19 taxes as provided in this Section, pay the taxes over to the

20 State Treasurer as trustee for the Authority. The taxes shall

21 be held in a trust fund outside the State Treasury. If an

22 airport-related purpose has been certified, taxes and

23 penalties collected in DuPage, Kane, Lake, McHenry and Will

24 counties on aviation fuel sold on or after December 1, 2019

25 from the 0.50% of the 0.75% rate shall be immediately paid over

26 by the Department to the State Treasurer, ex officio, as
SB3019 Enrolled  - 508 - LRB104 20255 HLH 33706 b

 1 trustee, for deposit into the Local Government Aviation Trust
 2 Fund. The Department shall only pay moneys into the Local
 3 Government Aviation Trust Fund under this Act for so long as
 4 the revenue use requirements of 49 U.S.C. 47107(b) and 49
 5 U.S.C. 47133 are binding on the Authority. On or before the
 6 25th day of each calendar month, the State Department of
 7 Revenue shall prepare and certify to the Comptroller of the
 8 State of Illinois and to the Authority (i) the amount of taxes
 9 collected in each county other than Cook County in the
10 metropolitan region, (not including, if an airport-related
11 purpose has been certified, the taxes and penalties collected
12 from the 0.50% of the 0.75% rate on aviation fuel sold on or
13 after December 1, 2019 that are deposited into the Local
14 Government Aviation Trust Fund) (ii) the amount of taxes
15 collected within the City of Chicago, and (iii) the amount
16 collected in that portion of Cook County outside of Chicago,
17 each amount less the amount necessary for the payment of
18 refunds to taxpayers located in those areas described in items
19 (i), (ii), and (iii), and less 1.5% of the remainder, which
20 shall be transferred from the trust fund into the Tax
21 Compliance and Administration Fund. The Department, at the
22 time of each monthly disbursement to the Authority, shall
23 prepare and certify to the State Comptroller the amount to be
24 transferred into the Tax Compliance and Administration Fund
25 under this subsection. Within 10 days after receipt by the
26 Comptroller of the certification of the amounts, the
    SB3019 Enrolled  - 509 - LRB104 20255 HLH 33706 b

1 Comptroller shall cause an order to be drawn for the transfer

2 of the amount certified into the Tax Compliance and

3 Administration Fund and the payment of two-thirds of the

4 amounts certified in item (i) of this subsection to the

5 Authority and one-third of the amounts certified in item (i)

6 of this subsection to the respective counties other than Cook

7 County and the amount certified in items (ii) and (iii) of this

8 subsection to the Authority.

9   In addition to the disbursement required by the preceding

10 paragraph, an allocation shall be made in July 1991 and each

11 year thereafter to the Regional Transportation Authority. The

12 allocation shall be made in an amount equal to the average

13 monthly distribution during the preceding calendar year

14 (excluding the 2 months of lowest receipts) and the allocation

15 shall include the amount of average monthly distribution from

16 the Regional Transportation Authority Occupation and Use Tax

17 Replacement Fund. The distribution made in July 1992 and each

18 year thereafter under this paragraph and the preceding

19 paragraph shall be reduced by the amount allocated and

20 disbursed under this paragraph in the preceding calendar year.

21 The Department of Revenue shall prepare and certify to the

22 Comptroller for disbursement the allocations made in

23 accordance with this paragraph.

24  (o) Failure to adopt a budget ordinance or otherwise to

25 comply with Section 4.01 of this Act or to adopt a Five-year

26 Capital Program or otherwise to comply with paragraph (b) of
    SB3019 Enrolled  - 510 - LRB104 20255 HLH 33706 b

1 Section 2.01 of this Act shall not affect the validity of any

2 tax imposed by the Authority otherwise in conformity with law.

3   (p) At no time shall a public transportation tax or motor

4 vehicle parking tax authorized under paragraphs (b), (c), and

5 (d) of this Section be in effect at the same time as any

6 retailers' occupation, use or service occupation tax

7 authorized under paragraphs (e), (f), and (g) of this Section

8 is in effect.

9   Any taxes imposed under the authority provided in

10 paragraphs (b), (c), and (d) shall remain in effect only until

11 the time as any tax authorized by paragraph (e), (f), or (g) of

12 this Section is imposed and becomes effective. Once any tax

13 authorized by paragraph (e), (f), or (g) is imposed the Board

14 may not reimpose taxes as authorized in paragraphs (b), (c),

15 and (d) of the Section unless any tax authorized by paragraph

16 (e), (f), or (g) of this Section becomes ineffective by means

17 other than an ordinance of the Board.

18  (q) Any existing rights, remedies and obligations

19 (including enforcement by the Regional Transportation

20 Authority) arising under any tax imposed under paragraph (b),

21 (c), or (d) of this Section shall not be affected by the

22 imposition of a tax under paragraph (e), (f), or (g) of this

23 Section.

24 (Source: P.A. 103-592, eff. 1-1-25; 103-781, eff. 8-5-24;

25 104-6, eff. 1-1-26; 104-417, eff. 8-15-25.)
    SB3019 Enrolled    - 511 - LRB104 20255 HLH 33706 b

1   (Text of Section after amendment by P.A. 104-457)

2   Sec. 4.03. Taxes.

3   (a) Except as provided in subsection (m), in order to

4 carry out any of the powers or purposes of the Authority, the

5 Board may, by ordinance approved by a supermajority vote,

6 impose throughout the metropolitan region any or all of the

7 taxes provided in this Section. Except as otherwise provided

8 in this Act, taxes imposed under this Section and civil

9 penalties imposed incident thereto shall be collected and

10 enforced by the Department of Revenue. The Department shall

11 have the power to administer and enforce the taxes and to

12 determine all rights for refunds for erroneous payments of the

13 taxes. Nothing in Public Act 95-708 is intended to invalidate

14 any taxes currently imposed by the Authority. The increased

15 vote requirements to impose a tax shall only apply to actions

16 taken after January 1, 2008 (the effective date of Public Act

17 95-708).

18  (b) The Board may impose a public transportation tax upon

19 all persons engaged in the metropolitan region in the business

20 of selling at retail motor fuel for operation of motor

21 vehicles upon public highways. The tax shall be at a rate not

22 to exceed 5% of the gross receipts from the sales of motor fuel

23 in the course of the business. As used in this Act, the term

24 "motor fuel" shall have the same meaning as in the Motor Fuel

25 Tax Law. The Board may provide for details of the tax. The

26 provisions of any tax shall conform, as closely as may be
    SB3019 Enrolled     - 512 - LRB104 20255 HLH 33706 b

1 practicable, to the provisions of the Municipal Retailers

2 Occupation Tax Act, including, without limitation, conformity

3 to penalties with respect to the tax imposed and as to the

4 powers of the Department of Revenue to promulgate and enforce

5 rules and regulations relating to the administration and

6 enforcement of the provisions of the tax imposed, except that

7 reference in the Act to any municipality shall refer to the

8 Authority and the tax shall be imposed only with regard to

9 receipts from sales of motor fuel in the metropolitan region,

10 at rates as limited by this Section.

11  (c) In connection with the tax imposed under paragraph (b)

12 of this Section, the Board may impose a tax upon the privilege

13 of using in the metropolitan region motor fuel for the

14 operation of a motor vehicle upon public highways, the tax to

15 be at a rate not in excess of the rate of tax imposed under

16 paragraph (b) of this Section. The Board may provide for

17 details of the tax.

18  (d) The Board may impose a motor vehicle parking tax upon

19 the privilege of parking motor vehicles at off-street parking

20 facilities in the metropolitan region at which a fee is

21 charged, and may provide for reasonable classifications in and

22 exemptions to the tax, for administration and enforcement

23 thereof and for civil penalties and refunds thereunder and may

24 provide criminal penalties thereunder, the maximum penalties

25 not to exceed the maximum criminal penalties provided in the

26 Retailers' Occupation Tax Act. The Authority may collect and
    SB3019 Enrolled  - 513 - LRB104 20255 HLH 33706 b

1 enforce the tax itself or by contract with any unit of local

2 government. The Department of Revenue shall have no

3 responsibility for the collection and enforcement unless the

4 Department agrees with the Authority to undertake the

5 collection and enforcement. As used in this paragraph, the

6 term "parking facility" means a parking area or structure

7 having parking spaces for more than 2 vehicles at which motor

8 vehicles are permitted to park in return for an hourly, daily,

9 or other periodic fee, whether publicly or privately owned,

10 but does not include parking spaces on a public street, the use

11 of which is regulated by parking meters.

12  (e) The Board may impose a Northern Illinois Transit

13 Authority Retailers' Occupation Tax upon all persons engaged

14 in the business of selling tangible personal property at

15 retail in the metropolitan region. In Cook County, unless the

16 tax rate is increased by the Board by ordinance, as provided in

17 this Section, the tax rate shall be 1.25% of the gross receipts

18 from sales of food for human consumption that is to be consumed

19 off the premises where it is sold (other than alcoholic liquor

20 taxable under Section 8-1 of the Liquor Control Act of 1934

21 beverages, food consisting of or infused with adult use

22 cannabis, soft drinks, candy, and food that has been prepared

23 for immediate consumption) and tangible personal property

24 taxed at the 1% rate under the Retailers' Occupation Tax Act,

25 and 1% of the gross receipts from other taxable sales made in

26 the course of that business. In Cook County, on and after the
SB3019 Enrolled  - 514 - LRB104 20255 HLH 33706 b

 1 effective date of this amendatory Act of the 104th General
 2 Assembly, the Board may, by ordinance, increase the tax rate
 3 to not more than 1.5% of the gross receipts from sales of food
 4 for human consumption that is to be consumed off the premises
 5 where it is sold (other than alcoholic liquor taxable under
 6 Section 8-1 of the Liquor Control Act of 1934 beverages, food
 7 consisting of or infused with adult use cannabis, soft drinks,
 8 candy, and food that has been prepared for immediate
 9 consumption) and tangible personal property taxed at the 1%
10 rate under the Retailers' Occupation Tax Act, and 1.25% of the
11 gross receipts from other taxable sales made in the course of
12 that business. The Board shall take such a vote on whether to
13 increase the tax rate no later than 60 days after the effective
14 date of this Act. In DuPage, Kane, Lake, McHenry, and Will
15 counties, unless the tax rate is increased by the Board by an
16 ordinance as approved by this Section, the tax rate shall be
17 0.75% of the gross receipts from all taxable sales made in the
18 course of that business, including sales of food for human
19 consumption that is to be consumed off the premises where it is
20 sold (other than alcoholic liquor taxable under Section 8-1 of
21 the Liquor Control Act of 1934 beverages, food consisting of
22 or infused with adult use cannabis, soft drinks, candy, and
23 food that has been prepared for immediate consumption). In
24 DuPage, Kane, Lake, McHenry, and Will counties, on and after
25 the effective date of this amendatory Act of the 104th General
26 Assembly, the Board may, by ordinance, increase the tax rate
SB3019 Enrolled  - 515 - LRB104 20255 HLH 33706 b

 1 to not more than 1% of the gross receipts from all taxable
 2 sales made in the course of that business, including sales of
 3 food for human consumption that is to be consumed off the
 4 premises where it is sold (other than alcoholic liquor taxable
 5 under Section 8-1 of the Liquor Control Act of 1934 beverages,
 6 food consisting of or infused with adult use cannabis, soft
 7 drinks, candy, and food that has been prepared for immediate
 8 consumption). The rate of tax imposed in DuPage, Kane, Lake,
 9 McHenry, and Will counties under this Section on sales of
10 aviation fuel on or after December 1, 2019 shall, however, be
11 0.25% unless the Authority in DuPage, Kane, Lake, McHenry, and
12 Will counties has an "airport-related purpose" and the
13 additional 0.50% of the 0.75% tax (or 0.75% of 1% tax if the
14 tax rate is increased by the Board to 1%) on aviation fuel is
15 expended for airport-related purposes. If there is no
16 airport-related purpose to which aviation fuel tax revenue is
17 dedicated, then aviation fuel is excluded from the additional
18 tax. The tax imposed under this Section and all civil
19 penalties that may be assessed as an incident thereof shall be
20 collected and enforced by the Department of Revenue. The
21 Department shall have full power to administer and enforce
22 this Section; to collect all taxes and penalties so collected
23 in the manner hereinafter provided; and to determine all
24 rights to credit memoranda arising on account of the erroneous
25 payment of tax or penalty hereunder. In the administration of,
26 and compliance with this Section, the Department and persons
    SB3019 Enrolled   - 516 - LRB104 20255 HLH 33706 b

1 who are subject to this Section shall have the same rights,

2 remedies, privileges, immunities, powers, and duties, and be

3 subject to the same conditions, restrictions, limitations,

4 penalties, exclusions, exemptions, and definitions of terms,

5 and employ the same modes of procedure, as are prescribed in

6 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65

7 (in respect to all provisions therein other than the State

8 rate of tax and other than the exemption for food for human

9 consumption that is to be consumed off the premises where it is

10 sold (other than alcoholic liquor taxable under Section 8-1 of

11 the Liquor Control Act of 1934 beverages, food consisting of

12 or infused with adult use cannabis, soft drinks, candy, and

13 food that has been prepared for immediate consumption), which

14 is taxed at the rate as provided in this subsection), 2c, 3

15 (except as to the disposition of taxes and penalties

16 collected, and except that the retailer's discount is not

17 allowed for taxes paid on aviation fuel that are subject to the

18 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

19 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,

20 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the

21 Retailers' Occupation Tax Act and Section 3-7 of the Uniform

22 Penalty and Interest Act, as fully as if those provisions were

23 set forth herein.

24  The Board and DuPage, Kane, Lake, McHenry, and Will

25 counties must comply with the certification requirements for

26 airport-related purposes under Section 2-22 of the Retailers'
    SB3019 Enrolled  - 517 - LRB104 20255 HLH 33706 b

1 Occupation Tax Act. For purposes of this Section,

2 "airport-related purposes" has the meaning ascribed in Section

3 6z-20.2 of the State Finance Act. This exclusion for aviation

4 fuel only applies for so long as the revenue use requirements

5 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

6 Authority.

7   Persons subject to any tax imposed under the authority

8 granted in this Section may reimburse themselves for their

9 seller's tax liability hereunder by separately stating the tax

10 as an additional charge, which charge may be stated in

11 combination in a single amount with State taxes that sellers

12 are required to collect under the Use Tax Act, under any

13 bracket schedules the Department may prescribe.

14  Whenever the Department determines that a refund should be

15 made under this Section to a claimant instead of issuing a

16 credit memorandum, the Department shall notify the State

17 Comptroller, who shall cause the warrant to be drawn for the

18 amount specified, and to the person named, in the notification

19 from the Department. The refund shall be paid by the State

20 Treasurer out of the Northern Illinois Transit Authority tax

21 fund established under paragraph (n) of this Section or the

22 Local Government Aviation Trust Fund, as appropriate.

23  If a tax is imposed under this subsection (e), a tax shall

24 also be imposed under subsections (f) and (g) of this Section.

25  For the purpose of determining whether a tax authorized

26 under this Section is applicable, a retail sale by a producer
    SB3019 Enrolled  - 518 - LRB104 20255 HLH 33706 b

1 of coal or other mineral mined in Illinois, is a sale at retail

2 at the place where the coal or other mineral mined in Illinois

3 is extracted from the earth. This paragraph does not apply to

4 coal or other mineral when it is delivered or shipped by the

5 seller to the purchaser at a point outside Illinois so that the

6 sale is exempt under the Federal Constitution as a sale in

7 interstate or foreign commerce.

8   No tax shall be imposed or collected under this subsection

9 on the sale of a motor vehicle in this State to a resident of

10 another state if that motor vehicle will not be titled in this

11 State.

12  Nothing in this Section shall be construed to authorize

13 the Authority to impose a tax upon the privilege of engaging in

14 any business that under the Constitution of the United States

15 may not be made the subject of taxation by this State.

16  (f) If a tax has been imposed under paragraph (e), a

17 Northern Illinois Transit Authority Service Occupation Tax

18 shall also be imposed upon all persons engaged in the

19 metropolitan region in the business of making sales of service

20 who, as an incident to making the sales of service, transfer

21 tangible personal property within the metropolitan region,

22 either in the form of tangible personal property or in the form

23 of real estate as an incident to a sale of service. In Cook

24 County, unless the tax rate is increased by the Board by

25 ordinance, as provided in this Section, the tax rate shall be:

26 (1) 1.25% of the serviceman's cost price of food prepared for
SB3019 Enrolled  - 519 - LRB104 20255 HLH 33706 b

 1 immediate consumption and transferred incident to a sale of
 2 service subject to the service occupation tax by an entity
 3 that is located in the metropolitan region and that is
 4 licensed under the Hospital Licensing Act, the Nursing Home
 5 Care Act, the Assisted Living and Shared Housing Act, the
 6 Specialized Mental Health Rehabilitation Act of 2013, the
 7 ID/DD Community Care Act, the MC/DD Act, or the Child Care Act
 8 of 1969, or an entity that holds a permit issued pursuant to
 9 the Life Care Facilities Act; (2) 1.25% of the selling price of
10 food for human consumption that is to be consumed off the
11 premises where it is sold (other than alcoholic liquor taxable
12 under Section 8-1 of the Liquor Control Act of 1934 beverages,
13 food consisting of or infused with adult use cannabis, soft
14 drinks, candy, and food that has been prepared for immediate
15 consumption) and tangible personal property taxed at the 1%
16 rate under the Service Occupation Tax Act; and (3) 1% of the
17 selling price from other taxable sales of tangible personal
18 property transferred. In Cook County, on and after the
19 effective date of this amendatory Act of the 104th General
20 Assembly, the Board may, by ordinance, increase the tax rate
21 to not more than: (1) 1.5% of the serviceman's cost price of
22 food prepared for immediate consumption and transferred
23 incident to a sale of service subject to the service
24 occupation tax by an entity that is located in the
25 metropolitan region and that is licensed under the Hospital
26 Licensing Act, the Nursing Home Care Act, the Assisted Living
SB3019 Enrolled  - 520 - LRB104 20255 HLH 33706 b

 1 and Shared Housing Act, the Specialized Mental Health
 2 Rehabilitation Act of 2013, the ID/DD Community Care Act, the
 3 MC/DD Act, or the Child Care Act of 1969, or an entity that
 4 holds a permit issued pursuant to the Life Care Facilities
 5 Act; (2) 1.5% of the selling price of food for human
 6 consumption that is to be consumed off the premises where it is
 7 sold (other than alcoholic liquor taxable under Section 8-1 of
 8 the Liquor Control Act of 1934 beverages, food consisting of
 9 or infused with adult use cannabis, soft drinks, candy, and
10 food that has been prepared for immediate consumption) and
11 tangible personal property taxed at the 1% rate under the
12 Service Occupation Tax Act; and (3) 1.25% of the selling price
13 from other taxable sales of tangible personal property
14 transferred. In DuPage, Kane, Lake, McHenry, and Will
15 counties, before the effective date of this amendatory Act of
16 the 104th General Assembly, the rate shall be (1) 0.75% of the
17 selling price of all tangible personal property transferred,
18 including food for human consumption that is to be consumed
19 off the premises where it is sold (other than alcoholic liquor
20 taxable under Section 8-1 of the Liquor Control Act of 1934
21 beverages, food consisting of or infused with adult use
22 cannabis, soft drinks, candy, and food that has been prepared
23 for immediate consumption); and (2) 0.75% of the serviceman's
24 cost price of food prepared for immediate consumption and
25 transferred incident to a sale of service subject to the
26 service occupation tax by an entity that is located in the
    SB3019 Enrolled  - 521 - LRB104 20255 HLH 33706 b

1 metropolitan region and that is licensed under the Hospital

2 Licensing Act, the Nursing Home Care Act, the Assisted Living

3 and Shared Housing Act, the Specialized Mental Health

4 Rehabilitation Act of 2013, the ID/DD Community Care Act, or

5 the MC/DD Act, or the Child Care Act of 1969, or an entity that

6 holds a permit issued pursuant to the Life Care Facilities

7 Act. In DuPage, Kane, Lake, McHenry, and Will counties, on and

8 after the effective date of this amendatory Act of the 104th

9 General Assembly, the Board may, by ordinance, increase the

10 tax rate to not more than 1% of the selling price of all

11 tangible personal property transferred. The rate of tax

12 imposed in DuPage, Kane, Lake, McHenry, and Will counties

13 under this Section on sales of aviation fuel on or after

14 December 1, 2019 shall, however, be 0.25% unless the Authority

15 in DuPage, Kane, Lake, McHenry, and Will counties has an

16 "airport-related purpose" and the additional 0.50% of the

17 0.75% (or 0.75% of 1% tax if the tax rate is increased by the

18 Board to 1%) tax on aviation fuel is expended for

19 airport-related purposes. If there is no airport-related

20 purpose to which aviation fuel tax revenue is dedicated, then

21 aviation fuel is excluded from the additional tax.

22  The Board and DuPage, Kane, Lake, McHenry, and Will

23 counties must comply with the certification requirements for

24 airport-related purposes under Section 2-22 of the Retailers'

25 Occupation Tax Act. For purposes of this Section,

26 "airport-related purposes" has the meaning ascribed in Section
   SB3019 Enrolled  - 522 - LRB104 20255 HLH 33706 b

1 6z-20.2 of the State Finance Act. This exclusion for aviation

2 fuel only applies for so long as the revenue use requirements

3 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

4 Authority.

5  The tax imposed under this paragraph and all civil

6 penalties that may be assessed as an incident thereof shall be

7 collected and enforced by the Department of Revenue. The

8 Department shall have full power to administer and enforce

9 this paragraph; to collect all taxes and penalties due

10 hereunder; to dispose of taxes and penalties collected in the

11 manner hereinafter provided; and to determine all rights to

12 credit memoranda arising on account of the erroneous payment

13 of tax or penalty hereunder. In the administration of and

14 compliance with this paragraph, the Department and persons who

15 are subject to this paragraph shall have the same rights,

16 remedies, privileges, immunities, powers, and duties, and be

17 subject to the same conditions, restrictions, limitations,

18 penalties, exclusions, exemptions, and definitions of terms,

19 and employ the same modes of procedure, as are prescribed in

20 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all

21 provisions therein other than (i) the State rate of tax; (ii)

22 the exemption for food for human consumption that is to be

23 consumed off the premises where it is sold (other than

24 alcoholic liquor taxable under Section 8-1 of the Liquor

25 Control Act of 1934 beverages, food consisting of or infused

26 with adult use cannabis, soft drinks, candy, and food that has
SB3019 Enrolled  - 523 - LRB104 20255 HLH 33706 b

 1 been prepared for immediate consumption), which is taxed at
 2 the rate as provided in this subsection; and (iii) the
 3 exemption for food prepared for immediate consumption and
 4 transferred incident to a sale of service subject to the
 5 service occupation tax by an entity that is licensed under the
 6 Hospital Licensing Act, the Nursing Home Care Act, the
 7 Assisted Living and Shared Housing Act, the Specialized Mental
 8 Health Rehabilitation Act of 2013, the ID/DD Community Care
 9 Act, or the MC/DD Act, or the Child Care Act of 1969, or an
10 entity that holds a permit issued pursuant to the Life Care
11 Facilities Act, which is taxed at the rate as provided in this
12 subsection), 4 (except that the reference to the State shall
13 be to the Authority), 5, 7, 8 (except that the jurisdiction to
14 which the tax shall be a debt to the extent indicated in that
15 Section 8 shall be the Authority), 9 (except as to the
16 disposition of taxes and penalties collected, and except that
17 the returned merchandise credit for this tax may not be taken
18 against any State tax, and except that the retailer's discount
19 is not allowed for taxes paid on aviation fuel that are subject
20 to the revenue use requirements of 49 U.S.C. 47107(b) and 49
21 U.S.C. 47133), 10, 11, 12 (except the reference therein to
22 Section 2b of the Retailers' Occupation Tax Act), 13 (except
23 that any reference to the State shall mean the Authority), the
24 first paragraph of Section 15, 16, 17, 18, 19, and 20 of the
25 Service Occupation Tax Act and Section 3-7 of the Uniform
26 Penalty and Interest Act, as fully as if those provisions were
    SB3019 Enrolled  - 524 - LRB104 20255 HLH 33706 b

1 set forth herein.

2   Persons subject to any tax imposed under the authority

3 granted in this paragraph may reimburse themselves for their

4 serviceman's tax liability hereunder by separately stating the

5 tax as an additional charge, that charge may be stated in

6 combination in a single amount with State tax that servicemen

7 are authorized to collect under the Service Use Tax Act, under

8 any bracket schedules the Department may prescribe.

9   Whenever the Department of Revenue determines that a

10 refund should be made under this paragraph to a claimant

11 instead of issuing a credit memorandum, the Department of

12 Revenue shall notify the State Comptroller, who shall cause

13 the warrant to be drawn for the amount specified, and to the

14 person named in the notification from the Department of

15 Revenue. The refund shall be paid by the State Treasurer out of

16 the Northern Illinois Transit Authority tax fund established

17 under paragraph (n) of this Section or the Local Government

18 Aviation Trust Fund, as appropriate.

19  Nothing in this paragraph shall be construed to authorize

20 the Authority to impose a tax upon the privilege of engaging in

21 any business that under the Constitution of the United States

22 may not be made the subject of taxation by the State.

23  (g) If a tax has been imposed under paragraph (e), a tax

24 shall also be imposed upon the privilege of using in the

25 metropolitan region, any item of tangible personal property

26 that is purchased outside the metropolitan region at retail
SB3019 Enrolled  - 525 - LRB104 20255 HLH 33706 b

 1 from a retailer, and that is titled or registered with an
 2 agency of this State's government. In Cook County, unless the
 3 tax rate is increased by the Board by ordinance, as provided in
 4 this Section, the tax rate shall be 1% of the selling price of
 5 the tangible personal property, as "selling price" is defined
 6 in the Use Tax Act. In Cook County, on and after the effective
 7 date of this amendatory Act of the 104th General Assembly, the
 8 Board may, by ordinance, increase the tax rate to not more than
 9 1.25% of the selling price of the tangible personal property,
10 as "selling price" is defined in the Use Tax Act. In DuPage,
11 Kane, Lake, McHenry, and Will counties, before the effective
12 date of this amendatory Act of the 104th General Assembly, the
13 tax rate shall be 0.75% of the selling price of the tangible
14 personal property, as "selling price" is defined in the Use
15 Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, on
16 and after the effective date of this amendatory Act of the
17 104th General Assembly, the Board may, by ordinance, increase
18 the tax rate to not more than 1% of the selling price of the
19 tangible personal property, as "selling price" is defined in
20 the Use Tax Act. The tax shall be collected from persons whose
21 Illinois address for titling or registration purposes is given
22 as being in the metropolitan region. The tax shall be
23 collected by the Department of Revenue for the Authority. The
24 tax must be paid to the State, or an exemption determination
25 must be obtained from the Department of Revenue, before the
26 title or certificate of registration for the property may be
   SB3019 Enrolled  - 526 - LRB104 20255 HLH 33706 b

1 issued. The tax or proof of exemption may be transmitted to the

2 Department by way of the State agency with which, or the State

3 officer with whom, the tangible personal property must be

4 titled or registered if the Department and the State agency or

5 State officer determine that this procedure will expedite the

6 processing of applications for title or registration.

7  The Department shall have full power to administer and

8 enforce this paragraph; to collect all taxes, penalties, and

9 interest due hereunder; to dispose of taxes, penalties, and

10 interest collected in the manner hereinafter provided; and to

11 determine all rights to credit memoranda or refunds arising on

12 account of the erroneous payment of tax, penalty, or interest

13 hereunder. In the administration of and compliance with this

14 paragraph, the Department and persons who are subject to this

15 paragraph shall have the same rights, remedies, privileges,

16 immunities, powers, and duties, and be subject to the same

17 conditions, restrictions, limitations, penalties, exclusions,

18 exemptions, and definitions of terms and employ the same modes

19 of procedure, as are prescribed in Sections 2 (except the

20 definition of "retailer maintaining a place of business in

21 this State"), 3 through 3-80 (except provisions pertaining to

22 the State rate of tax, and except provisions concerning

23 collection or refunding of the tax by retailers), 4, 11, 12,

24 12a, 14, 15, 19 (except the portions pertaining to claims by

25 retailers and except the last paragraph concerning refunds),

26 20, 21, and 22 of the Use Tax Act, and are not inconsistent
    SB3019 Enrolled     - 527 - LRB104 20255 HLH 33706 b

1 with this paragraph, as fully as if those provisions were set

2 forth herein.

3   Whenever the Department determines that a refund should be

4 made under this paragraph to a claimant instead of issuing a

5 credit memorandum, the Department shall notify the State

6 Comptroller, who shall cause the order to be drawn for the

7 amount specified, and to the person named in the notification

8 from the Department. The refund shall be paid by the State

9 Treasurer out of the Northern Illinois Transit Authority tax

10 fund established under paragraph (n) of this Section.

11  (g-5) If, on January 1, 2025, a unit of local government

12 has in effect a tax under subsections (e), (f), and (g), or if,

13 after January 1, 2025, a unit of local government imposes a tax

14 under subsections (e), (f), and (g), then that tax applies to

15 leases of tangible personal property in effect, entered into,

16 or renewed on or after that date in the same manner as the tax

17 under this Section and in accordance with the changes made by

18 Public Act 103-592.

19  (h) The Authority may impose a replacement vehicle tax of

20 $50 on any passenger car as defined in Section 1-157 of the

21 Illinois Vehicle Code purchased within the metropolitan region

22 by or on behalf of an insurance company to replace a passenger

23 car of an insured person in settlement of a total loss claim.

24 The tax imposed may not become effective before the first day

25 of the month following the passage of the ordinance imposing

26 the tax and receipt of a certified copy of the ordinance by the
    SB3019 Enrolled  - 528 - LRB104 20255 HLH 33706 b

1 Department of Revenue. The Department of Revenue shall collect

2 the tax for the Authority in accordance with Sections 3-2002

3 and 3-2003 of the Illinois Vehicle Code.

4   The Department shall immediately pay over to the State

5 Treasurer, ex officio, as trustee, all taxes collected

6 hereunder.

7   As soon as possible after the first day of each month,

8 beginning January 1, 2011, upon certification of the

9 Department of Revenue, the Comptroller shall order

10 transferred, and the Treasurer shall transfer, to the STAR

11 Bonds Revenue Fund the local sales tax increment, as defined

12 in the Innovation Development and Economy Act, collected under

13 this Section during the second preceding calendar month for

14 sales within a STAR bond district.

15  After the monthly transfer to the STAR Bonds Revenue Fund,

16 on or before the 25th day of each calendar month, the

17 Department shall prepare and certify to the Comptroller the

18 disbursement of stated sums of money to the Authority. The

19 amount to be paid to the Authority shall be the amount

20 collected hereunder during the second preceding calendar month

21 by the Department, less any amount determined by the

22 Department to be necessary for the payment of refunds, and

23 less any amounts that are transferred to the STAR Bonds

24 Revenue Fund. Within 10 days after receipt by the Comptroller

25 of the disbursement certification to the Authority provided

26 for in this Section to be given to the Comptroller by the
    SB3019 Enrolled   - 529 - LRB104 20255 HLH 33706 b

1 Department, the Comptroller shall cause the orders to be drawn

2 for that amount in accordance with the directions contained in

3 the certification.

4   (i) The Board may not impose any other taxes except as it

5 may from time to time be authorized by law to impose.

6   (j) A certificate of registration issued by the Department

7 of Revenue to a retailer under the Retailers' Occupation Tax

8 Act or under the Service Occupation Tax Act shall permit the

9 registrant to engage in a business that is taxed under the tax

10 imposed under paragraphs (b), (e), (f) or (g) of this Section

11 and no additional registration shall be required under the

12 tax. A certificate issued under the Use Tax Act or the Service

13 Use Tax Act shall be applicable with regard to any tax imposed

14 under paragraph (c) of this Section.

15  (k) The provisions of any tax imposed under paragraph (c)

16 of this Section shall conform as closely as may be practicable

17 to the provisions of the Use Tax Act, including, without

18 limitation, conformity as to penalties with respect to the tax

19 imposed and as to the powers of the Department of Revenue to

20 promulgate and enforce rules and regulations relating to the

21 administration and enforcement of the provisions of the tax

22 imposed. The taxes shall be imposed only on use within the

23 metropolitan region and at rates as provided in the paragraph.

24  (l) The Board in imposing any tax as provided in

25 paragraphs (b) and (c) of this Section, shall, after seeking

26 the advice of the Department of Revenue, provide means for
    SB3019 Enrolled       - 530 - LRB104 20255 HLH 33706 b

1 retailers, users or purchasers of motor fuel for purposes

2 other than those with regard to which the taxes may be imposed

3 as provided in those paragraphs to receive refunds of taxes

4 improperly paid, which provisions may be at variance with the

5 refund provisions as applicable under the Municipal Retailers

6 Occupation Tax Act. The Department of Revenue may provide for

7 certificates of registration for users or purchasers of motor

8 fuel for purposes other than those with regard to which taxes

9 may be imposed as provided in paragraphs (b) and (c) of this

10 Section to facilitate the reporting and nontaxability of the

11 exempt sales or uses.

12  (m) Any ordinance imposing or discontinuing any tax under

13 this Section shall be adopted and a certified copy thereof

14 filed with the Department on or before June 1, whereupon the

15 Department of Revenue shall proceed to administer and enforce

16 this Section on behalf of the Authority as of September 1 next

17 following such adoption and filing. Beginning January 1, 1992,

18 an ordinance or resolution imposing or discontinuing the tax

19 hereunder shall be adopted and a certified copy thereof filed

20 with the Department on or before the first day of July,

21 whereupon the Department shall proceed to administer and

22 enforce this Section as of the first day of October next

23 following such adoption and filing. Beginning January 1, 1993,

24 an ordinance or resolution imposing, increasing, decreasing,

25 or discontinuing the tax hereunder shall be adopted and a

26 certified copy thereof filed with the Department, whereupon
    SB3019 Enrolled  - 531 - LRB104 20255 HLH 33706 b

1 the Department shall proceed to administer and enforce this

2 Section as of the first day of the first month to occur not

3 less than 60 days following such adoption and filing. Any

4 ordinance or resolution of the Authority imposing a tax under

5 this Section and in effect on August 1, 2007 shall remain in

6 full force and effect and shall be administered by the

7 Department of Revenue under the terms and conditions and rates

8 of tax established by such ordinance or resolution until the

9 Department begins administering and enforcing an increased tax

10 under this Section as authorized by Public Act 95-708. Any

11 ordinance or resolution of the Authority imposing a tax under

12 this Section and in effect on the effective date of this

13 amendatory Act of the 104th General Assembly shall remain in

14 full force and effect and shall be administered by the

15 Department of Revenue under the terms and conditions and rates

16 of tax established by such ordinance or resolution until the

17 Department begins administering and enforcing an increased tax

18 under this Section as authorized by this amendatory Act of the

19 104th General Assembly. The tax rates authorized by Public Act

20 95-708 are effective only if imposed by ordinance of the

21 Authority. The tax rates authorized by this amendatory Act of

22 the 104th General Assembly are effective only if an ordinance

23 is approved by the Authority with the affirmative votes of a

24 simple majority of its then Directors.

25  (n) Except as otherwise provided in this subsection (n),

26 the Department of Revenue shall, upon collecting any taxes as
SB3019 Enrolled  - 532 - LRB104 20255 HLH 33706 b

 1 provided in this Section, pay the taxes over to the State
 2 Treasurer as trustee for the Authority. The taxes shall be
 3 held in a trust fund outside the State treasury. If an
 4 airport-related purpose has been certified, taxes and
 5 penalties collected in DuPage, Kane, Lake, McHenry and Will
 6 counties on aviation fuel sold on or after December 1, 2019
 7 from the 0.50% of the 0.75% rate shall be immediately paid over
 8 by the Department to the State Treasurer, ex officio, as
 9 trustee, for deposit into the Local Government Aviation Trust
10 Fund. The Department shall only pay moneys into the Local
11 Government Aviation Trust Fund under this Act for so long as
12 the revenue use requirements of 49 U.S.C. 47107(b) and 49
13 U.S.C. 47133 are binding on the Authority. On or before the
14 25th day of each calendar month, the Department of Revenue
15 shall prepare and certify to the Comptroller of the State of
16 Illinois and to the Authority (i) the amount of taxes
17 collected in each county other than Cook County in the
18 metropolitan region, (not including, if an airport-related
19 purpose has been certified, the taxes and penalties collected
20 from the 0.50% of the 0.75% rate on aviation fuel sold on or
21 after December 1, 2019 that are deposited into the Local
22 Government Aviation Trust Fund) (ii) the amount of taxes
23 collected within the City of Chicago, and (iii) the amount
24 collected in that portion of Cook County outside of Chicago,
25 each amount less the amount necessary for the payment of
26 refunds to taxpayers located in those areas described in items
    SB3019 Enrolled  - 533 - LRB104 20255 HLH 33706 b

1 (i), (ii), and (iii), and less 1.5% of the remainder, which

2 shall be transferred from the trust fund into the Tax

3 Compliance and Administration Fund. The Department, at the

4 time of each monthly disbursement to the Authority, shall

5 prepare and certify to the State Comptroller the amount to be

6 transferred into the Tax Compliance and Administration Fund

7 under this subsection. Within 10 days after receipt by the

8 Comptroller of the certification of the amounts, the

9 Comptroller shall cause an order to be drawn for the transfer

10 of the amount certified into the Tax Compliance and

11 Administration Fund and the payment of two-thirds of the

12 amounts certified in item (i) of this subsection to the

13 Authority and one-third of the amounts certified in item (i)

14 of this subsection to the respective counties other than Cook

15 County and the amount certified in items (ii) and (iii) of this

16 subsection to the Authority.

17  In addition to the disbursement required by the preceding

18 paragraph, an allocation shall be made in July 1991 and each

19 year thereafter to the Authority. The allocation shall be made

20 in an amount equal to the average monthly distribution during

21 the preceding calendar year (excluding the 2 months of lowest

22 receipts) and the allocation shall include the amount of

23 average monthly distribution from the Northern Illinois

24 Transit Authority Occupation and Use Tax Replacement Fund. The

25 distribution made in July 1992 and each year thereafter under

26 this paragraph and the preceding paragraph shall be reduced by
    SB3019 Enrolled  - 534 - LRB104 20255 HLH 33706 b

1 the amount allocated and disbursed under this paragraph in the

2 preceding calendar year. The Department of Revenue shall

3 prepare and certify to the Comptroller for disbursement the

4 allocations made in accordance with this paragraph.

5   (o) Failure to adopt a budget ordinance or otherwise to

6 comply with Section 4.01 or to adopt a 5-Year Capital Program

7 or otherwise to comply with paragraph (b) of Section 2.01 of

8 this Act shall not affect the validity of any tax imposed by

9 the Authority otherwise in conformity with law.

10  (p) At no time shall a public transportation tax or motor

11 vehicle parking tax authorized under paragraphs (b), (c), and

12 (d) of this Section be in effect at the same time as any

13 retailers' occupation, use or service occupation tax

14 authorized under paragraphs (e), (f), and (g) of this Section

15 is in effect.

16  Any taxes imposed under the authority provided in

17 paragraphs (b), (c), and (d) shall remain in effect only until

18 the time as any tax authorized by paragraph (e), (f), or (g) of

19 this Section is imposed and becomes effective. Once any tax

20 authorized by paragraph (e), (f), or (g) is imposed the Board

21 may not reimpose taxes as authorized in paragraphs (b), (c),

22 and (d) of the Section unless any tax authorized by paragraph

23 (e), (f), or (g) of this Section becomes ineffective by means

24 other than an ordinance of the Board.

25  (q) Any existing rights, remedies and obligations

26 (including enforcement by the Authority) arising under any tax
    SB3019 Enrolled             - 535 - LRB104 20255 HLH 33706 b

1 imposed under paragraph (b), (c), or (d) of this Section shall

2 not be affected by the imposition of a tax under paragraph (e),

3 (f), or (g) of this Section.

4   (r) The Board shall hold a vote on whether to adopt an

5 ordinance to increase the tax rate to the rates authorized by

6 this amendatory Act of the 104th General Assembly within 60

7 days of the effective date of this amendatory Act of the 104th

8 General Assembly.

9 (Source: P.A. 103-592, eff. 1-1-25; 103-781, eff. 8-5-24;

10 104-6, eff. 1-1-26; 104-417, eff. 8-15-25; 104-457, eff.

11 6-1-26.)

12  Section 70-105. The Water Commission Act of 1985 is

13 amended by changing Section 4 as follows:

14  (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)

15  (Text of Section before amendment by P.A. 104-457)

16  Sec. 4. Taxes.

17  (a) The board of commissioners of any county water

18 commission may, by ordinance, impose throughout the territory

19 of the commission any or all of the taxes provided in this

20 Section for its corporate purposes. However, no county water

21 commission may impose any such tax unless the commission

22 certifies the proposition of imposing the tax to the proper

23 election officials, who shall submit the proposition to the

24 voters residing in the territory at an election in accordance
    SB3019 Enrolled            - 536 - LRB104 20255 HLH 33706 b

1 with the general election law, and the proposition has been

2 approved by a majority of those voting on the proposition.

3   The proposition shall be in the form provided in Section 5

4 or shall be substantially in the following form:

5   ------------------------------------------------------------

6   Shall the (insert corporate

7 name of county water commission)     YES

8 impose (state type of tax or         ----------------------

9 taxes to be imposed) at the          NO

10 rate of 1/4%?

11  ------------------------------------------------------------

12  Taxes imposed under this Section and civil penalties

13 imposed incident thereto shall be collected and enforced by

14 the State Department of Revenue. The Department shall have the

15 power to administer and enforce the taxes and to determine all

16 rights for refunds for erroneous payments of the taxes.

17  (b) The board of commissioners may impose a County Water

18 Commission Retailers' Occupation Tax upon all persons engaged

19 in the business of selling tangible personal property at

20 retail in the territory of the commission at a rate of 1/4% of

21 the gross receipts from the sales made in the course of such

22 business within the territory. Beginning January 1, 2021, this

23 tax is not imposed on sales of aviation fuel for so long as the

24 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

25 47133 are binding on the District.

26  The tax imposed under this paragraph and all civil
SB3019 Enrolled  - 537 - LRB104 20255 HLH 33706 b

 1 penalties that may be assessed as an incident thereof shall be
 2 collected and enforced by the State Department of Revenue. The
 3 Department shall have full power to administer and enforce
 4 this paragraph; to collect all taxes and penalties due
 5 hereunder; to dispose of taxes and penalties so collected in
 6 the manner hereinafter provided; and to determine all rights
 7 to credit memoranda arising on account of the erroneous
 8 payment of tax or penalty hereunder. In the administration of,
 9 and compliance with, this paragraph, the Department and
10 persons who are subject to this paragraph shall have the same
11 rights, remedies, privileges, immunities, powers and duties,
12 and be subject to the same conditions, restrictions,
13 limitations, penalties, exclusions, exemptions and definitions
14 of terms, and employ the same modes of procedure, as are
15 prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2
16 through 2-65 (in respect to all provisions therein other than
17 the State rate of tax except that tangible personal property
18 taxed at the 1% rate under the Retailers' Occupation Tax Act
19 shall not be subject to tax hereunder), 2c, 3 (except as to the
20 disposition of taxes and penalties collected, and except that
21 the retailer's discount is not allowed for taxes paid on
22 aviation fuel sold on or after December 1, 2019 and through
23 December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
24 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and
25 13 of the Retailers' Occupation Tax Act and Section 3-7 of the
26 Uniform Penalty and Interest Act, as fully as if those
    SB3019 Enrolled  - 538 - LRB104 20255 HLH 33706 b

1 provisions were set forth herein.

2   Persons subject to any tax imposed under the authority

3 granted in this paragraph may reimburse themselves for their

4 seller's tax liability hereunder by separately stating the tax

5 as an additional charge, which charge may be stated in

6 combination, in a single amount, with State taxes that sellers

7 are required to collect under the Use Tax Act and under

8 subsection (e) of Section 4.03 of the Regional Transportation

9 Authority Act, in accordance with such bracket schedules as

10 the Department may prescribe.

11  Whenever the Department determines that a refund should be

12 made under this paragraph to a claimant instead of issuing a

13 credit memorandum, the Department shall notify the State

14 Comptroller, who shall cause the warrant to be drawn for the

15 amount specified, and to the person named, in the notification

16 from the Department. The refund shall be paid by the State

17 Treasurer out of a county water commission tax fund

18 established under subsection (g) of this Section.

19  For the purpose of determining whether a tax authorized

20 under this paragraph is applicable, a retail sale by a

21 producer of coal or other mineral mined in Illinois is a sale

22 at retail at the place where the coal or other mineral mined in

23 Illinois is extracted from the earth. This paragraph does not

24 apply to coal or other mineral when it is delivered or shipped

25 by the seller to the purchaser at a point outside Illinois so

26 that the sale is exempt under the Federal Constitution as a
    SB3019 Enrolled  - 539 - LRB104 20255 HLH 33706 b

1 sale in interstate or foreign commerce.

2   If a tax is imposed under this subsection (b), a tax shall

3 also be imposed under subsections (c) and (d) of this Section.

4   No tax shall be imposed or collected under this subsection

5 on the sale of a motor vehicle in this State to a resident of

6 another state if that motor vehicle will not be titled in this

7 State.

8   Nothing in this paragraph shall be construed to authorize

9 a county water commission to impose a tax upon the privilege of

10 engaging in any business which under the Constitution of the

11 United States may not be made the subject of taxation by this

12 State.

13  (c) If a tax has been imposed under subsection (b), a

14 County Water Commission Service Occupation Tax shall also be

15 imposed upon all persons engaged, in the territory of the

16 commission, in the business of making sales of service, who,

17 as an incident to making the sales of service, transfer

18 tangible personal property within the territory. The tax rate

19 shall be 1/4% of the selling price of tangible personal

20 property so transferred within the territory. Beginning

21 January 1, 2021, this tax is not imposed on sales of aviation

22 fuel for so long as the revenue use requirements of 49 U.S.C.

23 47107(b) and 49 U.S.C. 47133 are binding on the District.

24  The tax imposed under this paragraph and all civil

25 penalties that may be assessed as an incident thereof shall be

26 collected and enforced by the State Department of Revenue. The
SB3019 Enrolled  - 540 - LRB104 20255 HLH 33706 b

 1 Department shall have full power to administer and enforce
 2 this paragraph; to collect all taxes and penalties due
 3 hereunder; to dispose of taxes and penalties so collected in
 4 the manner hereinafter provided; and to determine all rights
 5 to credit memoranda arising on account of the erroneous
 6 payment of tax or penalty hereunder. In the administration of,
 7 and compliance with, this paragraph, the Department and
 8 persons who are subject to this paragraph shall have the same
 9 rights, remedies, privileges, immunities, powers and duties,
10 and be subject to the same conditions, restrictions,
11 limitations, penalties, exclusions, exemptions and definitions
12 of terms, and employ the same modes of procedure, as are
13 prescribed in Sections 1a-1, 2 (except that the reference to
14 State in the definition of supplier maintaining a place of
15 business in this State shall mean the territory of the
16 commission), 2a, 3 through 3-50 (in respect to all provisions
17 therein other than the State rate of tax except that tangible
18 personal property taxed at the 1% rate under the Service
19 Occupation Tax Act shall not be subject to tax hereunder), 4
20 (except that the reference to the State shall be to the
21 territory of the commission), 5, 7, 8 (except that the
22 jurisdiction to which the tax shall be a debt to the extent
23 indicated in that Section 8 shall be the commission), 9
24 (except as to the disposition of taxes and penalties collected
25 and except that the returned merchandise credit for this tax
26 may not be taken against any State tax, and except that the
    SB3019 Enrolled  - 541 - LRB104 20255 HLH 33706 b

1 retailer's discount is not allowed for taxes paid on aviation

2 fuel sold on or after December 1, 2019 and through December 31,

3 2020), 10, 11, 12 (except the reference therein to Section 2b

4 of the Retailers' Occupation Tax Act), 13 (except that any

5 reference to the State shall mean the territory of the

6 commission), the first paragraph of Section 15, 15.5, 16, 17,

7 18, 19, and 20 of the Service Occupation Tax Act as fully as if

8 those provisions were set forth herein.

9   Persons subject to any tax imposed under the authority

10 granted in this paragraph may reimburse themselves for their

11 serviceman's tax liability hereunder by separately stating the

12 tax as an additional charge, which charge may be stated in

13 combination, in a single amount, with State tax that

14 servicemen are authorized to collect under the Service Use Tax

15 Act, and any tax for which servicemen may be liable under

16 subsection (f) of Section 4.03 of the Regional Transportation

17 Authority Act, in accordance with such bracket schedules as

18 the Department may prescribe.

19  Whenever the Department determines that a refund should be

20 made under this paragraph to a claimant instead of issuing a

21 credit memorandum, the Department shall notify the State

22 Comptroller, who shall cause the warrant to be drawn for the

23 amount specified, and to the person named, in the notification

24 from the Department. The refund shall be paid by the State

25 Treasurer out of a county water commission tax fund

26 established under subsection (g) of this Section.
   SB3019 Enrolled  - 542 - LRB104 20255 HLH 33706 b

1  Nothing in this paragraph shall be construed to authorize

2 a county water commission to impose a tax upon the privilege of

3 engaging in any business which under the Constitution of the

4 United States may not be made the subject of taxation by the

5 State.

6  (d) If a tax has been imposed under subsection (b), a tax

7 shall also be imposed upon the privilege of using, in the

8 territory of the commission, any item of tangible personal

9 property that is purchased outside the territory at retail

10 from a retailer, and that is titled or registered with an

11 agency of this State's government, at a rate of 1/4% of the

12 selling price of the tangible personal property within the

13 territory, as "selling price" is defined in the Use Tax Act.

14 The tax shall be collected from persons whose Illinois address

15 for titling or registration purposes is given as being in the

16 territory. The tax shall be collected by the Department of

17 Revenue for a county water commission. The tax must be paid to

18 the State, or an exemption determination must be obtained from

19 the Department of Revenue, before the title or certificate of

20 registration for the property may be issued. The tax or proof

21 of exemption may be transmitted to the Department by way of the

22 State agency with which, or the State officer with whom, the

23 tangible personal property must be titled or registered if the

24 Department and the State agency or State officer determine

25 that this procedure will expedite the processing of

26 applications for title or registration.
    SB3019 Enrolled  - 543 - LRB104 20255 HLH 33706 b

1   The Department shall have full power to administer and

2 enforce this paragraph; to collect all taxes, penalties, and

3 interest due hereunder; to dispose of taxes, penalties, and

4 interest so collected in the manner hereinafter provided; and

5 to determine all rights to credit memoranda or refunds arising

6 on account of the erroneous payment of tax, penalty, or

7 interest hereunder. In the administration of and compliance

8 with this paragraph, the Department and persons who are

9 subject to this paragraph shall have the same rights,

10 remedies, privileges, immunities, powers, and duties, and be

11 subject to the same conditions, restrictions, limitations,

12 penalties, exclusions, exemptions, and definitions of terms

13 and employ the same modes of procedure, as are prescribed in

14 Sections 2 (except the definition of "retailer maintaining a

15 place of business in this State"), 3 through 3-80 (except

16 provisions pertaining to the State rate of tax, and except

17 provisions concerning collection or refunding of the tax by

18 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions

19 pertaining to claims by retailers and except the last

20 paragraph concerning refunds), 20, 21, and 22 of the Use Tax

21 Act and Section 3-7 of the Uniform Penalty and Interest Act

22 that are not inconsistent with this paragraph, as fully as if

23 those provisions were set forth herein.

24  Whenever the Department determines that a refund should be

25 made under this paragraph to a claimant instead of issuing a

26 credit memorandum, the Department shall notify the State
    SB3019 Enrolled  - 544 - LRB104 20255 HLH 33706 b

1 Comptroller, who shall cause the order to be drawn for the

2 amount specified, and to the person named, in the notification

3 from the Department. The refund shall be paid by the State

4 Treasurer out of a county water commission tax fund

5 established under subsection (g) of this Section.

6   (e) A certificate of registration issued by the State

7 Department of Revenue to a retailer under the Retailers'

8 Occupation Tax Act or under the Service Occupation Tax Act

9 shall permit the registrant to engage in a business that is

10 taxed under the tax imposed under subsection (b), (c), or (d)

11 of this Section and no additional registration shall be

12 required under the tax. A certificate issued under the Use Tax

13 Act or the Service Use Tax Act shall be applicable with regard

14 to any tax imposed under subsection (c) of this Section.

15  (f) Any ordinance imposing or discontinuing any tax under

16 this Section shall be adopted and a certified copy thereof

17 filed with the Department on or before June 1, whereupon the

18 Department of Revenue shall proceed to administer and enforce

19 this Section on behalf of the county water commission as of

20 September 1 next following the adoption and filing. Beginning

21 January 1, 1992, an ordinance or resolution imposing or

22 discontinuing the tax hereunder shall be adopted and a

23 certified copy thereof filed with the Department on or before

24 the first day of July, whereupon the Department shall proceed

25 to administer and enforce this Section as of the first day of

26 October next following such adoption and filing. Beginning
    SB3019 Enrolled  - 545 - LRB104 20255 HLH 33706 b

1 January 1, 1993, an ordinance or resolution imposing or

2 discontinuing the tax hereunder shall be adopted and a

3 certified copy thereof filed with the Department on or before

4 the first day of October, whereupon the Department shall

5 proceed to administer and enforce this Section as of the first

6 day of January next following such adoption and filing.

7   (g) The State Department of Revenue shall, upon collecting

8 any taxes as provided in this Section, pay the taxes over to

9 the State Treasurer as trustee for the commission. The taxes

10 shall be held in a trust fund outside the State Treasury.

11  As soon as possible after the first day of each month,

12 beginning January 1, 2011, upon certification of the

13 Department of Revenue, the Comptroller shall order

14 transferred, and the Treasurer shall transfer, to the STAR

15 Bonds Revenue Fund the local sales tax increment, as defined

16 in the Innovation Development and Economy Act, collected under

17 this Section during the second preceding calendar month for

18 sales within a STAR bond district.

19  After the monthly transfer to the STAR Bonds Revenue Fund,

20 on or before the 25th day of each calendar month, the State

21 Department of Revenue shall prepare and certify to the

22 Comptroller of the State of Illinois the amount to be paid to

23 the commission, which shall be the amount (not including

24 credit memoranda) collected under this Section during the

25 second preceding calendar month by the Department plus an

26 amount the Department determines is necessary to offset any
    SB3019 Enrolled  - 546 - LRB104 20255 HLH 33706 b

1 amounts that were erroneously paid to a different taxing body,

2 and not including any amount equal to the amount of refunds

3 made during the second preceding calendar month by the

4 Department on behalf of the commission, and not including any

5 amount that the Department determines is necessary to offset

6 any amounts that were payable to a different taxing body but

7 were erroneously paid to the commission, and less any amounts

8 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

9 of the remainder, which shall be transferred into the Tax

10 Compliance and Administration Fund. The Department, at the

11 time of each monthly disbursement to the commission, shall

12 prepare and certify to the State Comptroller the amount to be

13 transferred into the Tax Compliance and Administration Fund

14 under this subsection. Within 10 days after receipt by the

15 Comptroller of the certification of the amount to be paid to

16 the commission and the Tax Compliance and Administration Fund,

17 the Comptroller shall cause an order to be drawn for the

18 payment for the amount in accordance with the direction in the

19 certification.

20  (h) Beginning June 1, 2016, any tax imposed pursuant to

21 this Section may no longer be imposed or collected, unless a

22 continuation of the tax is approved by the voters at a

23 referendum as set forth in this Section.

24 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

25 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff.

26 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
    SB3019 Enrolled             - 547 - LRB104 20255 HLH 33706 b

1   (Text of Section after amendment by P.A. 104-457)

2   Sec. 4. Taxes.

3   (a) The board of commissioners of any county water

4 commission may, by ordinance, impose throughout the territory

5 of the commission any or all of the taxes provided in this

6 Section for its corporate purposes. However, no county water

7 commission may impose any such tax unless the commission

8 certifies the proposition of imposing the tax to the proper

9 election officials, who shall submit the proposition to the

10 voters residing in the territory at an election in accordance

11 with the general election law, and the proposition has been

12 approved by a majority of those voting on the proposition.

13  The proposition shall be in the form provided in Section 5

14 or shall be substantially in the following form:

15  ------------------------------------------------------------

16  Shall the (insert corporate

17 name of county water commission)  YES

18 impose (state type of tax or      ----------------------

19 taxes to be imposed) at the       NO

20 rate of 1/4%?

21  ------------------------------------------------------------

22  Taxes imposed under this Section and civil penalties

23 imposed incident thereto shall be collected and enforced by

24 the State Department of Revenue. The Department shall have the

25 power to administer and enforce the taxes and to determine all
    SB3019 Enrolled  - 548 - LRB104 20255 HLH 33706 b

1 rights for refunds for erroneous payments of the taxes.

2   (b) The board of commissioners may impose a County Water

3 Commission Retailers' Occupation Tax upon all persons engaged

4 in the business of selling tangible personal property at

5 retail in the territory of the commission at a rate of 1/4% of

6 the gross receipts from the sales made in the course of such

7 business within the territory. Beginning January 1, 2021, this

8 tax is not imposed on sales of aviation fuel for so long as the

9 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

10 47133 are binding on the District.

11  The tax imposed under this paragraph and all civil

12 penalties that may be assessed as an incident thereof shall be

13 collected and enforced by the State Department of Revenue. The

14 Department shall have full power to administer and enforce

15 this paragraph; to collect all taxes and penalties due

16 hereunder; to dispose of taxes and penalties so collected in

17 the manner hereinafter provided; and to determine all rights

18 to credit memoranda arising on account of the erroneous

19 payment of tax or penalty hereunder. In the administration of,

20 and compliance with, this paragraph, the Department and

21 persons who are subject to this paragraph shall have the same

22 rights, remedies, privileges, immunities, powers and duties,

23 and be subject to the same conditions, restrictions,

24 limitations, penalties, exclusions, exemptions and definitions

25 of terms, and employ the same modes of procedure, as are

26 prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2
    SB3019 Enrolled  - 549 - LRB104 20255 HLH 33706 b

1 through 2-65 (in respect to all provisions therein other than

2 the State rate of tax except that tangible personal property

3 taxed at the 1% rate under the Retailers' Occupation Tax Act

4 shall not be subject to tax hereunder), 2c, 3 (except as to the

5 disposition of taxes and penalties collected, and except that

6 the retailer's discount is not allowed for taxes paid on

7 aviation fuel sold on or after December 1, 2019 and through

8 December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,

9 5j, 5k, 5l, 5m, 5n, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and

10 13 of the Retailers' Occupation Tax Act and Section 3-7 of the

11 Uniform Penalty and Interest Act, as fully as if those

12 provisions were set forth herein.

13  Persons subject to any tax imposed under the authority

14 granted in this paragraph may reimburse themselves for their

15 seller's tax liability hereunder by separately stating the tax

16 as an additional charge, which charge may be stated in

17 combination, in a single amount, with State taxes that sellers

18 are required to collect under the Use Tax Act and under

19 subsection (e) of Section 4.03 of the Northern Illinois

20 Transit Authority Act, in accordance with such bracket

21 schedules as the Department may prescribe.

22  Whenever the Department determines that a refund should be

23 made under this paragraph to a claimant instead of issuing a

24 credit memorandum, the Department shall notify the State

25 Comptroller, who shall cause the warrant to be drawn for the

26 amount specified, and to the person named, in the notification
    SB3019 Enrolled  - 550 - LRB104 20255 HLH 33706 b

1 from the Department. The refund shall be paid by the State

2 Treasurer out of a county water commission tax fund

3 established under subsection (g) of this Section.

4   For the purpose of determining whether a tax authorized

5 under this paragraph is applicable, a retail sale by a

6 producer of coal or other mineral mined in Illinois is a sale

7 at retail at the place where the coal or other mineral mined in

8 Illinois is extracted from the earth. This paragraph does not

9 apply to coal or other mineral when it is delivered or shipped

10 by the seller to the purchaser at a point outside Illinois so

11 that the sale is exempt under the Federal Constitution as a

12 sale in interstate or foreign commerce.

13  If a tax is imposed under this subsection (b), a tax shall

14 also be imposed under subsections (c) and (d) of this Section.

15  No tax shall be imposed or collected under this subsection

16 on the sale of a motor vehicle in this State to a resident of

17 another state if that motor vehicle will not be titled in this

18 State.

19  Nothing in this paragraph shall be construed to authorize

20 a county water commission to impose a tax upon the privilege of

21 engaging in any business which under the Constitution of the

22 United States may not be made the subject of taxation by this

23 State.

24  (c) If a tax has been imposed under subsection (b), a

25 County Water Commission Service Occupation Tax shall also be

26 imposed upon all persons engaged, in the territory of the
   SB3019 Enrolled  - 551 - LRB104 20255 HLH 33706 b

1 commission, in the business of making sales of service, who,

2 as an incident to making the sales of service, transfer

3 tangible personal property within the territory. The tax rate

4 shall be 1/4% of the selling price of tangible personal

5 property so transferred within the territory. Beginning

6 January 1, 2021, this tax is not imposed on sales of aviation

7 fuel for so long as the revenue use requirements of 49 U.S.C.

8 47107(b) and 49 U.S.C. 47133 are binding on the District.

9  The tax imposed under this paragraph and all civil

10 penalties that may be assessed as an incident thereof shall be

11 collected and enforced by the State Department of Revenue. The

12 Department shall have full power to administer and enforce

13 this paragraph; to collect all taxes and penalties due

14 hereunder; to dispose of taxes and penalties so collected in

15 the manner hereinafter provided; and to determine all rights

16 to credit memoranda arising on account of the erroneous

17 payment of tax or penalty hereunder. In the administration of,

18 and compliance with, this paragraph, the Department and

19 persons who are subject to this paragraph shall have the same

20 rights, remedies, privileges, immunities, powers and duties,

21 and be subject to the same conditions, restrictions,

22 limitations, penalties, exclusions, exemptions and definitions

23 of terms, and employ the same modes of procedure, as are

24 prescribed in Sections 1a-1, 2 (except that the reference to

25 State in the definition of supplier maintaining a place of

26 business in this State shall mean the territory of the
    SB3019 Enrolled  - 552 - LRB104 20255 HLH 33706 b

1 commission), 2a, 3 through 3-50 (in respect to all provisions

2 therein other than the State rate of tax except that tangible

3 personal property taxed at the 1% rate under the Service

4 Occupation Tax Act shall not be subject to tax hereunder), 4

5 (except that the reference to the State shall be to the

6 territory of the commission), 5, 7, 8 (except that the

7 jurisdiction to which the tax shall be a debt to the extent

8 indicated in that Section 8 shall be the commission), 9

9 (except as to the disposition of taxes and penalties collected

10 and except that the returned merchandise credit for this tax

11 may not be taken against any State tax, and except that the

12 retailer's discount is not allowed for taxes paid on aviation

13 fuel sold on or after December 1, 2019 and through December 31,

14 2020), 10, 11, 12 (except the reference therein to Section 2b

15 of the Retailers' Occupation Tax Act), 13 (except that any

16 reference to the State shall mean the territory of the

17 commission), the first paragraph of Section 15, 15.5, 16, 17,

18 18, 19, and 20 of the Service Occupation Tax Act as fully as if

19 those provisions were set forth herein.

20  Persons subject to any tax imposed under the authority

21 granted in this paragraph may reimburse themselves for their

22 serviceman's tax liability hereunder by separately stating the

23 tax as an additional charge, which charge may be stated in

24 combination, in a single amount, with State tax that

25 servicemen are authorized to collect under the Service Use Tax

26 Act, and any tax for which servicemen may be liable under
    SB3019 Enrolled  - 553 - LRB104 20255 HLH 33706 b

1 subsection (f) of Section 4.03 of the Northern Illinois

2 Transit Authority Act, in accordance with such bracket

3 schedules as the Department may prescribe.

4   Whenever the Department determines that a refund should be

5 made under this paragraph to a claimant instead of issuing a

6 credit memorandum, the Department shall notify the State

7 Comptroller, who shall cause the warrant to be drawn for the

8 amount specified, and to the person named, in the notification

9 from the Department. The refund shall be paid by the State

10 Treasurer out of a county water commission tax fund

11 established under subsection (g) of this Section.

12  Nothing in this paragraph shall be construed to authorize

13 a county water commission to impose a tax upon the privilege of

14 engaging in any business which under the Constitution of the

15 United States may not be made the subject of taxation by the

16 State.

17  (d) If a tax has been imposed under subsection (b), a tax

18 shall also be imposed upon the privilege of using, in the

19 territory of the commission, any item of tangible personal

20 property that is purchased outside the territory at retail

21 from a retailer, and that is titled or registered with an

22 agency of this State's government, at a rate of 1/4% of the

23 selling price of the tangible personal property within the

24 territory, as "selling price" is defined in the Use Tax Act.

25 The tax shall be collected from persons whose Illinois address

26 for titling or registration purposes is given as being in the
    SB3019 Enrolled  - 554 - LRB104 20255 HLH 33706 b

1 territory. The tax shall be collected by the Department of

2 Revenue for a county water commission. The tax must be paid to

3 the State, or an exemption determination must be obtained from

4 the Department of Revenue, before the title or certificate of

5 registration for the property may be issued. The tax or proof

6 of exemption may be transmitted to the Department by way of the

7 State agency with which, or the State officer with whom, the

8 tangible personal property must be titled or registered if the

9 Department and the State agency or State officer determine

10 that this procedure will expedite the processing of

11 applications for title or registration.

12  The Department shall have full power to administer and

13 enforce this paragraph; to collect all taxes, penalties, and

14 interest due hereunder; to dispose of taxes, penalties, and

15 interest so collected in the manner hereinafter provided; and

16 to determine all rights to credit memoranda or refunds arising

17 on account of the erroneous payment of tax, penalty, or

18 interest hereunder. In the administration of and compliance

19 with this paragraph, the Department and persons who are

20 subject to this paragraph shall have the same rights,

21 remedies, privileges, immunities, powers, and duties, and be

22 subject to the same conditions, restrictions, limitations,

23 penalties, exclusions, exemptions, and definitions of terms

24 and employ the same modes of procedure, as are prescribed in

25 Sections 2 (except the definition of "retailer maintaining a

26 place of business in this State"), 3 through 3-80 (except
    SB3019 Enrolled  - 555 - LRB104 20255 HLH 33706 b

1 provisions pertaining to the State rate of tax, and except

2 provisions concerning collection or refunding of the tax by

3 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions

4 pertaining to claims by retailers and except the last

5 paragraph concerning refunds), 20, 21, and 22 of the Use Tax

6 Act and Section 3-7 of the Uniform Penalty and Interest Act

7 that are not inconsistent with this paragraph, as fully as if

8 those provisions were set forth herein.

9   Whenever the Department determines that a refund should be

10 made under this paragraph to a claimant instead of issuing a

11 credit memorandum, the Department shall notify the State

12 Comptroller, who shall cause the order to be drawn for the

13 amount specified, and to the person named, in the notification

14 from the Department. The refund shall be paid by the State

15 Treasurer out of a county water commission tax fund

16 established under subsection (g) of this Section.

17  (e) A certificate of registration issued by the State

18 Department of Revenue to a retailer under the Retailers'

19 Occupation Tax Act or under the Service Occupation Tax Act

20 shall permit the registrant to engage in a business that is

21 taxed under the tax imposed under subsection (b), (c), or (d)

22 of this Section and no additional registration shall be

23 required under the tax. A certificate issued under the Use Tax

24 Act or the Service Use Tax Act shall be applicable with regard

25 to any tax imposed under subsection (c) of this Section.

26  (f) Any ordinance imposing or discontinuing any tax under
    SB3019 Enrolled  - 556 - LRB104 20255 HLH 33706 b

1 this Section shall be adopted and a certified copy thereof

2 filed with the Department on or before June 1, whereupon the

3 Department of Revenue shall proceed to administer and enforce

4 this Section on behalf of the county water commission as of

5 September 1 next following the adoption and filing. Beginning

6 January 1, 1992, an ordinance or resolution imposing or

7 discontinuing the tax hereunder shall be adopted and a

8 certified copy thereof filed with the Department on or before

9 the first day of July, whereupon the Department shall proceed

10 to administer and enforce this Section as of the first day of

11 October next following such adoption and filing. Beginning

12 January 1, 1993, an ordinance or resolution imposing or

13 discontinuing the tax hereunder shall be adopted and a

14 certified copy thereof filed with the Department on or before

15 the first day of October, whereupon the Department shall

16 proceed to administer and enforce this Section as of the first

17 day of January next following such adoption and filing.

18  (g) The State Department of Revenue shall, upon collecting

19 any taxes as provided in this Section, pay the taxes over to

20 the State Treasurer as trustee for the commission. The taxes

21 shall be held in a trust fund outside the State treasury.

22  As soon as possible after the first day of each month,

23 beginning January 1, 2011, upon certification of the

24 Department of Revenue, the Comptroller shall order

25 transferred, and the Treasurer shall transfer, to the STAR

26 Bonds Revenue Fund the local sales tax increment, as defined
   SB3019 Enrolled  - 557 - LRB104 20255 HLH 33706 b

1 in the Innovation Development and Economy Act, collected under

2 this Section during the second preceding calendar month for

3 sales within a STAR bond district.

4  After the monthly transfer to the STAR Bonds Revenue Fund,

5 on or before the 25th day of each calendar month, the State

6 Department of Revenue shall prepare and certify to the

7 Comptroller of the State of Illinois the amount to be paid to

8 the commission, which shall be the amount (not including

9 credit memoranda) collected under this Section during the

10 second preceding calendar month by the Department plus an

11 amount the Department determines is necessary to offset any

12 amounts that were erroneously paid to a different taxing body,

13 and not including any amount equal to the amount of refunds

14 made during the second preceding calendar month by the

15 Department on behalf of the commission, and not including any

16 amount that the Department determines is necessary to offset

17 any amounts that were payable to a different taxing body but

18 were erroneously paid to the commission, and less any amounts

19 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

20 of the remainder, which shall be transferred into the Tax

21 Compliance and Administration Fund. The Department, at the

22 time of each monthly disbursement to the commission, shall

23 prepare and certify to the State Comptroller the amount to be

24 transferred into the Tax Compliance and Administration Fund

25 under this subsection. Within 10 days after receipt by the

26 Comptroller of the certification of the amount to be paid to
    SB3019 Enrolled  - 558 - LRB104 20255 HLH 33706 b

1 the commission and the Tax Compliance and Administration Fund,

2 the Comptroller shall cause an order to be drawn for the

3 payment for the amount in accordance with the direction in the

4 certification.

5   (h) Beginning June 1, 2016, any tax imposed pursuant to

6 this Section may no longer be imposed or collected, unless a

7 continuation of the tax is approved by the voters at a

8 referendum as set forth in this Section.

9 (Source: P.A. 104-457, eff. 6-1-26.)

10  Section 70-110. The Illinois Insurance Code is amended by

11 changing Section 414a as follows:

12  (215 ILCS 5/414a) (from Ch. 73, par. 1026a)

13  Sec. 414a. Notwithstanding the provisions of this or any

14 other Act, the tax authorized by Section 414 of this Act shall

15 not be imposed after January 1, 1979; provided that this

16 Section shall not prohibit the collection after January 1,

17 1979 of any taxes levied under Section 414 prior to January 1,

18 1979, on property subject to assessment and taxation under

19 Section 414 of this Act prior to January 1, 1979. For the

20 purpose of replacing the revenue lost by taxing districts, as

21 defined in Section 1-150 of the Property Tax Code, as a result

22 of the abolition of ad valorem taxes on personal property

23 after January 1, 1979, there shall be imposed the taxes

24 described in Section 201(c) and (d) of the Illinois Income Tax
    SB3019 Enrolled  - 559 - LRB104 20255 HLH 33706 b

 1 Act, Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
 2 Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
 3 Revenue Act, and Section 1 of the Water Company Invested
 4 Capital Tax Act. Such replacement taxes owed within one year
 5 of the effective date of the taxes established by this
 6 amendatory Act of 1979 shall replace the personal property tax
 7 levies of 1979. The replacement taxes owed in each succeeding
 8 year shall replace the personal property tax that could have
 9 been levied in each succeeding year.
10 (Source: P.A. 88-670, eff. 12-2-94.)

11  Section 70-115. The Public Utilities Act is amended by

12 changing Section 9-222 as follows:

13  (220 ILCS 5/9-222) (from Ch. 111 2/3, par. 9-222)

14  Sec. 9-222. Whenever a tax is imposed upon a public

15 utility engaged in the business of distributing, supplying,

16 furnishing, or selling gas for use or consumption pursuant to

17 Section 2 of the Gas Revenue Tax Act, or whenever a tax is

18 required to be collected by a delivering supplier pursuant to

19 Section 2-7 of the Electricity Excise Tax Act, or whenever a

20 tax is imposed upon a public utility pursuant to Section 2-202

21 of this Act, such utility may charge its customers, other than

22 customers who are high impact businesses under Section 5.5 of

23 the Illinois Enterprise Zone Act, customers who are certified

24 under Section 95 of the Reimagining Energy and Vehicles in
SB3019 Enrolled  - 560 - LRB104 20255 HLH 33706 b

 1 Illinois Act, manufacturers under the Manufacturing Illinois
 2 Chips for Real Opportunity (MICRO) Act, customers who are
 3 tenants in a quantum computing campus under Section 605-1115
 4 of the Department of Commerce and Economic Opportunity Law of
 5 the Civil Administrative Code of Illinois, or certified
 6 business enterprises under Section 9-222.1 of this Act, to the
 7 extent of such exemption and during the period in which such
 8 exemption is in effect, in addition to any rate authorized by
 9 this Act, an additional charge equal to the total amount of
10 such taxes. The exemption of this Section relating to high
11 impact businesses shall be subject to the provisions of
12 subsections (a), (b), and (b-5) of Section 5.5 of the Illinois
13 Enterprise Zone Act. This requirement shall not apply to taxes
14 on invested capital imposed pursuant to the Messages Tax Act,
15 the Gas Revenue Tax Act and the Public Utilities Revenue Act.
16 Such utility shall file with the Commission a supplemental
17 schedule which shall specify such additional charge and which
18 shall become effective upon filing without further notice.
19 Such additional charge shall be shown separately on the
20 utility bill to each customer. The Commission shall have the
21 power to investigate whether or not such supplemental schedule
22 correctly specifies such additional charge, but shall have no
23 power to suspend such supplemental schedule. If the Commission
24 finds, after a hearing, that such supplemental schedule does
25 not correctly specify such additional charge, it shall by
26 order require a refund to the appropriate customers of the
    SB3019 Enrolled  - 561 - LRB104 20255 HLH 33706 b

1 excess, if any, with interest, in such manner as it shall deem
2 just and reasonable, and in and by such order shall require the
3 utility to file an amended supplemental schedule corresponding
4 to the finding and order of the Commission. Except with
5 respect to taxes imposed on invested capital, such tax
6 liabilities shall be recovered from customers solely by means
7 of the additional charges authorized by this Section.
8 (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22;
9 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24.)

10  Section 70-120. The Illinois Pull Tabs and Jar Games Act

11 is amended by changing Section 5 as follows:

12  (230 ILCS 20/5) (from Ch. 120, par. 1055)

13  Sec. 5. Payments; returns. There shall be paid to the

14 Department of Revenue 5% of the gross proceeds of any pull tabs

15 and jar games conducted under this Act. Such payments shall be

16 made 4 times per year, between the first and the 20th day of

17 April, July, October and January. Accompanying each payment

18 shall be a return, on forms prescribed by the Department of

19 Revenue. Failure to submit either the payment or the return

20 within the specified time shall result in suspension or

21 revocation of the license. Tax returns filed pursuant to this

22 Act shall not be confidential and shall be available for

23 public inspection. All payments made to the Department of

24 Revenue under this Act shall be deposited as follows:
    SB3019 Enrolled  - 562 - LRB104 20255 HLH 33706 b

1        (a) 50% shall be deposited in the Common School Fund;

2   and

3        (b) 50% shall be deposited in the Illinois Gaming Law

4   Enforcement Fund. Of the monies deposited in the Illinois

5   Gaming Law Enforcement Fund under this Section, the

6   General Assembly shall appropriate two-thirds to the

7   Department of Revenue, Illinois State Police and the

8   Office of the Attorney General for State law enforcement

9   purposes, and one-third shall be appropriated to the

10  Department of Revenue for the purpose of distribution in

11  the form of grants to counties or municipalities for law

12  enforcement purposes. The amounts of grants to counties or

13  municipalities shall bear the same ratio as the number of

14  licenses issued in counties or municipalities bears to the

15  total number of licenses issued in the State. In computing

16  the number of licenses issued in a county, licenses issued

17  for locations within a municipality's boundaries shall be

18  excluded.

19  The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,

20 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the

21 Retailers' Occupation Tax Act, and Section 3-7 of the Uniform

22 Penalty and Interest Act, which are not inconsistent with this

23 Act shall apply, as far as practicable, to the subject matter

24 of this Act to the same extent as if such provisions were

25 included in this Act. For the purposes of this Act, references

26 in such incorporated Sections of the Retailers' Occupation Tax
    SB3019 Enrolled  - 563 - LRB104 20255 HLH 33706 b

1 Act to retailers, sellers or persons engaged in the business

2 of selling tangible personal property means persons engaged in

3 conducting pull tabs and jar games and references in such

4 incorporated Sections of the Retailers' Occupation Tax Act to

5 sales of tangible personal property mean the conducting of

6 pull tabs and jar games and the making of charges for

7 participating in such drawings.

8   If any payment provided for in this Section exceeds the

9 taxpayer's liabilities under this Act, as shown on an original

10 return, the taxpayer may credit such excess payment against

11 liability subsequently to be remitted to the Department under

12 this Act, in accordance with reasonable rules adopted by the

13 Department.

14 (Source: P.A. 102-538, eff. 8-20-21.)

15  Section 70-125. The Liquor Control Act of 1934 is amended

16 by changing Section 8-14 as follows:

17  (235 ILCS 5/8-14) (from Ch. 43, par. 165a)

18  Sec. 8-14. All of the provisions of Sections 5a, 5b, 5c,

19 5d, 5e, 5f, 5g, 5h, 5i and 5j of the Retailers' Occupation Tax

20 Act and Section 3-7 of the Uniform Penalty and Interest Act,

21 are by reference incorporated in and made a part of this

22 Article VIII as fully as though written herein; provided that

23 wherever in those Sections of the Retailers' Occupation Tax

24 Act, reference is made to a "retailer" such reference shall,
    SB3019 Enrolled       - 564 - LRB104 20255 HLH 33706 b

1 for the purposes of this Article, be deemed to refer to a
2 licensee under this Act.
3 (Source: P.A. 87-205.)

4   Section 70-130. The Cannabis Regulation and Tax Act is

5 amended by changing Section 65-40 as follows:

6   (410 ILCS 705/65-40)

7   Sec. 65-40. Department administration and enforcement. The

8 Department shall have full power to administer and enforce

9 this Article, to collect all taxes and penalties due

10 hereunder, to dispose of taxes and penalties so collected in

11 the manner hereinafter provided, and to determine all rights

12 to credit memoranda, arising on account of the erroneous

13 payment of tax or penalty hereunder.

14  In the administration of, and compliance with, this

15 Article, the Department and persons who are subject to this

16 Article shall have the same rights, remedies, privileges,

17 immunities, powers, and duties, and be subject to the same

18 conditions, restrictions, limitations, penalties, and

19 definitions of terms, and employ the same modes of procedure,

20 as are prescribed in Sections 2, 3-55, 3a, 4, 5, 7, 10a, 11,

21 12a, 12b, 14, 15, 19, 20, 21, and 22 of the Use Tax Act and

22 Sections 1, 2-12, 2b, 4 (except that the time limitation

23 provisions shall run from the date when the tax is due rather

24 than from the date when gross receipts are received), 5
    SB3019 Enrolled  - 565 - LRB104 20255 HLH 33706 b

 1 (except that the time limitation provisions on the issuance of
 2 notices of tax liability shall run from the date when the tax
 3 is due rather than from the date when gross receipts are
 4 received and except that in the case of a failure to file a
 5 return required by this Act, no notice of tax liability shall
 6 be issued on and after each July 1 and January 1 covering tax
 7 due with that return during any month or period more than 6
 8 years before that July 1 or January 1, respectively), 5a, 5b,
 9 5c, 5d, 5e, 5f, 5g, 5h, 5j, 6d, 7, 8, 9, 10, 11, and 12 of the
10 Retailers' Occupation Tax Act and all of the provisions of the
11 Uniform Penalty and Interest Act, which are not inconsistent
12 with this Article, as fully as if those provisions were set
13 forth herein. References in the incorporated Sections of the
14 Retailers' Occupation Tax Act and the Use Tax Act to
15 retailers, to sellers, or to persons engaged in the business
16 of selling tangible personal property mean cannabis retailers
17 when used in this Article. References in the incorporated
18 Sections to sales of tangible personal property mean sales of
19 cannabis subject to tax under this Article when used in this
20 Article.
21 (Source: P.A. 101-27, eff. 6-25-19.)

22  Section 70-135. The Illinois Vehicle Code is amended by

23 changing Section 3-1001 as follows:

24  (625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
    SB3019 Enrolled         - 566 - LRB104 20255 HLH 33706 b

1   Sec. 3-1001. A tax is hereby imposed on the privilege of

2 using, in this State, any motor vehicle as defined in Section

3 1-146 of this Code acquired by gift, transfer, or purchase,

4 and having a year model designation preceding the year of

5 application for title by 5 or fewer years prior to October 1,

6 1985 and 10 or fewer years on and after October 1, 1985 and

7 prior to January 1, 1988. On and after January 1, 1988, the tax

8 shall apply to all motor vehicles without regard to model

9 year. Except that the tax shall not apply:

10  (i) if the use of the motor vehicle is otherwise taxed

11  under the Use Tax Act;

12  (ii) if the use of the motor vehicle is not subject to

13  the Use Tax Act by reason of Section 3-5 of that Act bought

14  and used by a governmental agency or a society,

15  association, foundation or institution organized and

16  operated exclusively for charitable, religious or

17  educational purposes;

18  (iii) if the use of the motor vehicle is not subject to

19  the Use Tax Act by reason of subsection (a), (b), (c), (d),

20  (e) or (f) of Section 3-55 of that Act dealing with the

21  prevention of actual or likely multistate taxation;

22  (iv) to implements of husbandry;

23  (v) when a junking certificate is issued pursuant to

24  Section 3-117(a) of this Code;

25  (vi) when a vehicle is subject to the replacement

26  vehicle tax imposed by Section 3-2001 of this Act;
    SB3019 Enrolled      - 567 - LRB104 20255 HLH 33706 b

1   (vii) when the transfer is a gift to a beneficiary in

2   the administration of an estate and the beneficiary is a

3   surviving spouse;

4   (viii) if the motor vehicle is purchased for the

5   purpose of resale by a retailer registered under Section

6   2a of the Retailers' Occupation Tax Act.

7   Prior to January 1, 1988, the rate of tax shall be 5% of

8 the selling price for each purchase of a motor vehicle covered

9 by Section 3-1001 of this Code. Except as hereinafter

10 provided, beginning January 1, 1988 and until January 1, 2022,

11 the rate of tax shall be as follows for transactions in which

12 the selling price of the motor vehicle is less than $15,000:

13  Number of Years Transpired After  Applicable Tax

14  Model Year of Motor Vehicle

15  1 or less                                 $390

16                   2                        290

17                   3                        215

18                   4                        165

19                   5                        115

20                   6                        90

21                   7                        80

22                   8                        65

23                   9                        50

24                   10                       40

25  over 10                                   25

26 Except as hereinafter provided, beginning January 1, 1988 and
    SB3019 Enrolled         - 568 - LRB104 20255 HLH 33706 b

1 until January 1, 2022, the rate of tax shall be as follows for

2 transactions in which the selling price of the motor vehicle

3 is $15,000 or more:

4            Selling Price  Applicable Tax

5   $15,000 - $19,999       $ 750

6   $20,000 - $24,999       $1,000

7   $25,000 - $29,999       $1,250

8   $30,000 and over        $1,500

9   Except as hereinafter provided, beginning on January 1,

10 2022, the rate of tax shall be as follows for transactions in

11 which the selling price of the motor vehicle is less than

12 $15,000:

13  (1) if one year or less has transpired after the model

14  year of the vehicle, then the applicable tax is $465;

15  (2) if 2 years have transpired after the model year of

16  the motor vehicle, then the applicable tax is $365;

17  (3) if 3 years have transpired after the model year of

18  the motor vehicle, then the applicable tax is $290;

19  (4) if 4 years have transpired after the model year of

20  the motor vehicle, then the applicable tax is $240;

21  (5) if 5 years have transpired after the model year of

22  the motor vehicle, then the applicable tax is $190;

23  (6) if 6 years have transpired after the model year of

24  the motor vehicle, then the applicable tax is $165;

25  (7) if 7 years have transpired after the model year of

26  the motor vehicle, then the applicable tax is $155;
    SB3019 Enrolled  - 569 - LRB104 20255 HLH 33706 b

1         (8) if 8 years have transpired after the model year of

2   the motor vehicle, then the applicable tax is $140;

3         (9) if 9 years have transpired after the model year of

4   the motor vehicle, then the applicable tax is $125;

5         (10) if 10 years have transpired after the model year

6   of the motor vehicle, then the applicable tax is $115; and

7         (11) if more than 10 years have transpired after the

8   model year of the motor vehicle, then the applicable tax

9   is $100.

10  Except as hereinafter provided, beginning on January 1,

11 2022, the rate of tax shall be as follows for transactions in

12 which the selling price of the motor vehicle is $15,000 or

13 more:

14        (1) if the selling price is $15,000 or more, but less

15  than $20,000, then the applicable tax shall be $850;

16        (2) if the selling price is $20,000 or more, but less

17  than $25,000, then the applicable tax shall be $1,100;

18        (3) if the selling price is $25,000 or more, but less

19  than $30,000, then the applicable tax shall be $1,350;

20        (4) if the selling price is $30,000 or more, but less

21  than $50,000, then the applicable tax shall be $1,600;

22        (5) if the selling price is $50,000 or more, but less

23  than $100,000, then the applicable tax shall be $2,600;

24        (6) if the selling price is $100,000 or more, but less

25  than $1,000,000, then the applicable tax shall be $5,100;

26  and
    SB3019 Enrolled  - 570 - LRB104 20255 HLH 33706 b

1   (7) if the selling price is $1,000,000 or more, then

2   the applicable tax shall be $10,100.

3 For the following transactions, the tax rate shall be $15 for

4 each motor vehicle acquired in such transaction:

5   (i) when the transferee or purchaser is the spouse,

6   mother, father, brother, sister or child of the

7   transferor;

8   (ii) when the transfer is a gift to a beneficiary in

9   the administration of an estate, including, but not

10  limited to, the administration of an inter vivos trust

11  that became irrevocable upon the death of a grantor, and

12  the beneficiary is not a surviving spouse;

13  (iii) when a motor vehicle which has once been

14  subjected to the Illinois retailers' occupation tax or use

15  tax is transferred in connection with the organization,

16  reorganization, dissolution or partial liquidation of an

17  incorporated or unincorporated business wherein the

18  beneficial ownership is not changed.

19  A claim that the transaction is taxable under subparagraph

20 (i) shall be supported by such proof of family relationship as

21 provided by rules of the Department.

22  For a transaction in which a motorcycle, motor driven

23 cycle or moped is acquired the tax rate shall be $25.

24  On and after October 1, 1985 and until January 1, 2022,

25 1/12 of $5,000,000 of the moneys received by the Department of

26 Revenue pursuant to this Section shall be paid each month into
    SB3019 Enrolled          - 571 - LRB104 20255 HLH 33706 b

1 the Build Illinois Fund; on and after January 1, 2022, 1/12 of

2 $40,000,000 of the moneys received by the Department of

3 Revenue pursuant to this Section shall be paid each month into

4 the Build Illinois Fund; and the remainder shall be paid into

5 the General Revenue Fund.

6   The tax imposed by this Section shall be abated and no

7 longer imposed when the amount deposited to secure the bonds

8 issued pursuant to the Build Illinois Bond Act is sufficient

9 to provide for the payment of the principal of, and interest

10 and premium, if any, on the bonds, as certified to the State

11 Comptroller and the Director of Revenue by the Director of the

12 Governor's Office of Management and Budget.

13 (Source: P.A. 104-6, eff. 6-16-25.)

14                           ARTICLE 75

15  Section 75-5. The Retailers' Occupation Tax Act is amended

16 by changing Sections 2a and 2b as follows:

17  (35 ILCS 120/2a) (from Ch. 120, par. 441a)

18  Sec. 2a. Registration of retailers. It is unlawful for any

19 person to engage in the business of selling, which, on and

20 after January 1, 2025, includes leasing, tangible personal

21 property at retail in this State without a certificate of

22 registration from the Department. Application for a

23 certificate of registration shall be made to the Department
SB3019 Enrolled  - 572 - LRB104 20255 HLH 33706 b

 1 upon forms furnished by it. Each such application shall be
 2 signed and verified and shall state: (1) the name and social
 3 security number of the applicant; (2) the address of his
 4 principal place of business; (3) the address of the principal
 5 place of business from which he engages in the business of
 6 selling tangible personal property at retail in this State and
 7 the addresses of all other places of business, if any
 8 (enumerating such addresses, if any, in a separate list
 9 attached to and made a part of the application), from which he
10 engages in the business of selling tangible personal property
11 at retail in this State; (4) the name and address of the person
12 or persons who will be responsible for filing returns and
13 payment of taxes due under this Act; (5) in the case of a
14 publicly traded corporation, the name and title of the Chief
15 Financial Officer, Chief Operating Officer, and any other
16 officer or employee with responsibility for preparing tax
17 returns under this Act, and, in the case of all other
18 corporations, the name, title, and social security number of
19 each corporate officer; (6) in the case of a limited liability
20 company, the name, social security number, and FEIN number of
21 each manager and member; and (7) such other information as the
22 Department may reasonably require. The application shall
23 contain an acceptance of responsibility signed by the person
24 or persons who will be responsible for filing returns and
25 payment of the taxes due under this Act. If the applicant will
26 sell tangible personal property at retail through vending
    SB3019 Enrolled    - 573 - LRB104 20255 HLH 33706 b

1 machines, his application to register shall indicate the

2 number of vending machines to be so operated. If requested by

3 the Department at any time, that person shall verify the total

4 number of vending machines he or she uses in his or her

5 business of selling tangible personal property at retail.

6   The Department shall provide by rule for an expedited

7 business registration process for remote retailers required to

8 register and file under subsection (b) of Section 2 who use a

9 certified service provider to file their returns under this

10 Act. Such expedited registration process shall allow the

11 Department to register a taxpayer based upon the same

12 registration information required by the Streamlined Sales Tax

13 Governing Board for states participating in the Streamlined

14 Sales Tax Project.

15  The Department may deny a certificate of registration to

16 any applicant if a person who is named as the owner, a partner,

17 a manager or member of a limited liability company, or a

18 corporate officer of the applicant on the application for the

19 certificate of registration is or has been named as the owner,

20 a partner, a manager or member of a limited liability company,

21 or a corporate officer on the application for the certificate

22 of registration of another retailer that (i) is in default for

23 moneys due under this Act or any other tax or fee Act

24 administered by the Department or (ii) fails to file any

25 return, on or before the due date prescribed for filing that

26 return (including any extensions of time granted by the
   SB3019 Enrolled  - 574 - LRB104 20255 HLH 33706 b

1 Department), that the retailer is required to file under this

2 Act or any other tax or fee Act administered by the Department.

3 For purposes of this paragraph only, in determining whether a

4 person is in default for moneys due, the Department shall

5 include only amounts established as a final liability within

6 the 23 years prior to the date of the Department's notice of

7 denial of a certificate of registration.

8  The Department may require an applicant for a certificate

9 of registration hereunder to, at the time of filing such

10 application, furnish a bond from a surety company authorized

11 to do business in the State of Illinois, or an irrevocable bank

12 letter of credit or a bond signed by 2 personal sureties who

13 have filed, with the Department, sworn statements disclosing

14 net assets equal to at least 3 times the amount of the bond to

15 be required of such applicant, or a bond secured by an

16 assignment of a bank account or certificate of deposit, stocks

17 or bonds, conditioned upon the applicant paying to the State

18 of Illinois all moneys becoming due under this Act and under

19 any other State tax law or municipal or county tax ordinance or

20 resolution under which the certificate of registration that is

21 issued to the applicant under this Act will permit the

22 applicant to engage in business without registering separately

23 under such other law, ordinance or resolution. In making a

24 determination as to whether to require a bond or other

25 security, the Department shall take into consideration whether

26 the owner, any partner, any manager or member of a limited
SB3019 Enrolled  - 575 - LRB104 20255 HLH 33706 b

 1 liability company, or a corporate officer of the applicant is
 2 or has been the owner, a partner, a manager or member of a
 3 limited liability company, or a corporate officer of another
 4 retailer that is in default for moneys due under this Act or
 5 any other tax or fee Act administered by the Department; and
 6 whether the owner, any partner, any manager or member of a
 7 limited liability company, or a corporate officer of the
 8 applicant is or has been the owner, a partner, a manager or
 9 member of a limited liability company, or a corporate officer
10 of another retailer whose certificate of registration has been
11 revoked within the previous 5 years under this Act or any other
12 tax or fee Act administered by the Department. If a bond or
13 other security is required, the Department shall fix the
14 amount of the bond or other security, taking into
15 consideration the amount of money expected to become due from
16 the applicant under this Act and under any other State tax law
17 or municipal or county tax ordinance or resolution under which
18 the certificate of registration that is issued to the
19 applicant under this Act will permit the applicant to engage
20 in business without registering separately under such other
21 law, ordinance, or resolution. The amount of security required
22 by the Department shall be such as, in its opinion, will
23 protect the State of Illinois against failure to pay the
24 amount which may become due from the applicant under this Act
25 and under any other State tax law or municipal or county tax
26 ordinance or resolution under which the certificate of
    SB3019 Enrolled           - 576 - LRB104 20255 HLH 33706 b

1 registration that is issued to the applicant under this Act

2 will permit the applicant to engage in business without

3 registering separately under such other law, ordinance or

4 resolution, but the amount of the security required by the

5 Department shall not exceed three times the amount of the

6 applicant's average monthly tax liability, or $50,000.00,

7 whichever amount is lower.

8   No certificate of registration under this Act shall be

9 issued by the Department until the applicant provides the

10 Department with satisfactory security, if required, as herein

11 provided for.

12  Upon receipt of the application for certificate of

13 registration in proper form, and upon approval by the

14 Department of the security furnished by the applicant, if

15 required, the Department shall issue to such applicant, in the

16 manner and form determined by the Department, a certificate of

17 registration which shall permit the person to whom it is

18 issued to engage in the business of selling tangible personal

19 property at retail in this State. The certificate of

20 registration shall be conspicuously displayed, in the manner

21 and form as the Department may require by rule, at the place of

22 business which the person so registered states in his

23 application to be the principal place of business from which

24 he engages in the business of selling tangible personal

25 property at retail in this State.

26  No certificate of registration issued prior to July 1,
    SB3019 Enrolled             - 577 - LRB104 20255 HLH 33706 b

1 2017 to a taxpayer who files returns required by this Act on a

2 monthly basis or renewed prior to July 1, 2017 by a taxpayer

3 who files returns required by this Act on a monthly basis shall

4 be valid after the expiration of 5 years from the date of its

5 issuance or last renewal. No certificate of registration

6 issued on or after July 1, 2017 to a taxpayer who files returns

7 required by this Act on a monthly basis or renewed on or after

8 July 1, 2017 by a taxpayer who files returns required by this

9 Act on a monthly basis shall be valid after the expiration of

10 one year from the date of its issuance or last renewal. The

11 expiration date of a sub-certificate of registration shall be

12 that of the certificate of registration to which the

13 sub-certificate relates. Prior to July 1, 2017, a certificate

14 of registration shall automatically be renewed, subject to

15 revocation as provided by this Act, for an additional 5 years

16 from the date of its expiration unless otherwise notified by

17 the Department as provided by this paragraph. On and after

18 July 1, 2017, a certificate of registration shall

19 automatically be renewed, subject to revocation as provided by

20 this Act, for an additional one year from the date of its

21 expiration unless otherwise notified by the Department as

22 provided by this paragraph.

23  Where a taxpayer to whom a certificate of registration is

24 issued under this Act is in default to the State of Illinois

25 for delinquent returns or for moneys due under this Act or any

26 other State tax law or municipal or county ordinance
    SB3019 Enrolled  - 578 - LRB104 20255 HLH 33706 b

1 administered or enforced by the Department, the Department

2 shall, not less than 60 days before the expiration date of such

3 certificate of registration, give notice to the taxpayer to

4 whom the certificate was issued of the account period of the

5 delinquent returns, the amount of tax, penalty and interest

6 due and owing from the taxpayer, and that the certificate of

7 registration shall not be automatically renewed upon its

8 expiration date unless the taxpayer, on or before the date of

9 expiration, has filed and paid the delinquent returns or paid

10 the defaulted amount in full. A taxpayer to whom such a notice

11 is issued shall be deemed an applicant for renewal. The

12 Department shall promulgate regulations establishing

13 procedures for taxpayers who file returns on a monthly basis

14 but desire and qualify to change to a quarterly or yearly

15 filing basis and will no longer be subject to renewal under

16 this Section, and for taxpayers who file returns on a yearly or

17 quarterly basis but who desire or are required to change to a

18 monthly filing basis and will be subject to renewal under this

19 Section.

20  The Department may in its discretion approve renewal by an

21 applicant who is in default if, at the time of application for

22 renewal, the applicant files all of the delinquent returns or

23 pays to the Department such percentage of the defaulted amount

24 as may be determined by the Department and agrees in writing to

25 waive all limitations upon the Department for collection of

26 the remaining defaulted amount to the Department over a period
    SB3019 Enrolled        - 579 - LRB104 20255 HLH 33706 b

1 not to exceed 5 years from the date of renewal of the

2 certificate; however, no renewal application submitted by an

3 applicant who is in default shall be approved if the

4 immediately preceding renewal by the applicant was conditioned

5 upon the installment payment agreement described in this

6 Section. The payment agreement herein provided for shall be in

7 addition to and not in lieu of the security that may be

8 required by this Section of a taxpayer who is no longer

9 considered a prior continuous compliance taxpayer. The

10 execution of the payment agreement as provided in this Act

11 shall not toll the accrual of interest at the statutory rate.

12  The Department may suspend a certificate of registration

13 if the Department finds that the person to whom the

14 certificate of registration has been issued knowingly sold

15 contraband cigarettes.

16  A certificate of registration issued under this Act more

17 than 5 years before January 1, 1990 (the effective date of

18 Public Act 86-383) shall expire and be subject to the renewal

19 provisions of this Section on the next anniversary of the date

20 of issuance of such certificate which occurs more than 6

21 months after January 1, 1990 (the effective date of Public Act

22 86-383). A certificate of registration issued less than 5

23 years before January 1, 1990 (the effective date of Public Act

24 86-383) shall expire and be subject to the renewal provisions

25 of this Section on the 5th anniversary of the issuance of the

26 certificate.
    SB3019 Enrolled  - 580 - LRB104 20255 HLH 33706 b

1   If a person who is licensed as a retailer of alcoholic

2 liquor under the Liquor Control Act of 1934 has had the renewal

3 of his or her certificate of registration denied under this

4 Section 2a, then, pursuant to Section 7-6.5 of the Liquor

5 Control Act of 1934, the Department shall file a notice with

6 the Liquor Control Commission that includes a certification,

7 signed by the Director of Revenue or his or her designee,

8 attesting that the person's certificate of registration

9 renewal has been denied after notice and an opportunity to be

10 heard.

11  If the person so registered states that he operates other

12 places of business from which he engages in the business of

13 selling tangible personal property at retail in this State,

14 the Department shall furnish him with a sub-certificate of

15 registration for each such place of business, and the

16 applicant shall display the appropriate sub-certificate of

17 registration at each such place of business. All

18 sub-certificates of registration shall bear the same

19 registration number as that appearing upon the certificate of

20 registration to which such sub-certificates relate.

21  If the applicant will sell tangible personal property at

22 retail through vending machines, the Department shall furnish

23 him with a sub-certificate of registration for each such

24 vending machine, and the applicant shall display the

25 appropriate sub-certificate of registration on each such

26 vending machine by attaching the sub-certificate of
    SB3019 Enrolled         - 581 - LRB104 20255 HLH 33706 b

1 registration to a conspicuous part of such vending machine. If

2 a person who is registered to sell tangible personal property

3 at retail through vending machines adds an additional vending

4 machine or additional vending machines to the number of

5 vending machines he or she uses in his or her business of

6 selling tangible personal property at retail, he or she shall

7 notify the Department, on a form prescribed by the Department,

8 to request an additional sub-certificate or additional

9 sub-certificates of registration, as applicable. With each

10 such request, the applicant shall report the number of

11 sub-certificates of registration he or she is requesting as

12 well as the total number of vending machines from which he or

13 she makes retail sales.

14  Where the same person engages in 2 or more businesses of

15 selling tangible personal property at retail in this State,

16 which businesses are substantially different in character or

17 engaged in under different trade names or engaged in under

18 other substantially dissimilar circumstances (so that it is

19 more practicable, from an accounting, auditing or bookkeeping

20 standpoint, for such businesses to be separately registered),

21 the Department may require or permit such person (subject to

22 the same requirements concerning the furnishing of security as

23 those that are provided for hereinbefore in this Section as to

24 each application for a certificate of registration) to apply

25 for and obtain a separate certificate of registration for each

26 such business or for any of such businesses, under a single
    SB3019 Enrolled      - 582 - LRB104 20255 HLH 33706 b

1 certificate of registration supplemented by related

2 sub-certificates of registration.

3   Any person who is registered under the Retailers'

4 Occupation Tax Act as of March 8, 1963, and who, during the

5 3-year period immediately prior to March 8, 1963, or during a

6 continuous 3-year period part of which passed immediately

7 before and the remainder of which passes immediately after

8 March 8, 1963, has been so registered continuously and who is

9 determined by the Department not to have been either

10 delinquent or deficient in the payment of tax liability during

11 that period under this Act or under any other State tax law or

12 municipal or county tax ordinance or resolution under which

13 the certificate of registration that is issued to the

14 registrant under this Act will permit the registrant to engage

15 in business without registering separately under such other

16 law, ordinance or resolution, shall be considered to be a

17 Prior Continuous Compliance taxpayer. Also any taxpayer who

18 has, as verified by the Department, faithfully and

19 continuously complied with the condition of his bond or other

20 security under the provisions of this Act for a period of 3

21 consecutive years shall be considered to be a Prior Continuous

22 Compliance taxpayer.

23  Every Prior Continuous Compliance taxpayer shall be exempt

24 from all requirements under this Act concerning the furnishing

25 of a bond or other security as a condition precedent to his

26 being authorized to engage in the business of selling tangible
    SB3019 Enrolled  - 583 - LRB104 20255 HLH 33706 b

1 personal property at retail in this State. This exemption

2 shall continue for each such taxpayer until such time as he may

3 be determined by the Department to be delinquent in the filing

4 of any returns, or is determined by the Department (either

5 through the Department's issuance of a final assessment which

6 has become final under the Act, or by the taxpayer's filing of

7 a return which admits tax that is not paid to be due) to be

8 delinquent or deficient in the paying of any tax under this Act

9 or under any other State tax law or municipal or county tax

10 ordinance or resolution under which the certificate of

11 registration that is issued to the registrant under this Act

12 will permit the registrant to engage in business without

13 registering separately under such other law, ordinance or

14 resolution, at which time that taxpayer shall become subject

15 to all the financial responsibility requirements of this Act

16 and, as a condition of being allowed to continue to engage in

17 the business of selling tangible personal property at retail,

18 may be required to post bond or other acceptable security with

19 the Department covering liability which such taxpayer may

20 thereafter incur. Any taxpayer who fails to pay an admitted or

21 established liability under this Act may also be required to

22 post bond or other acceptable security with this Department

23 guaranteeing the payment of such admitted or established

24 liability.

25  No certificate of registration shall be issued to any

26 person who is in default to the State of Illinois for moneys
    SB3019 Enrolled             - 584 - LRB104 20255 HLH 33706 b

1 due under this Act or under any other State tax law or

2 municipal or county tax ordinance or resolution under which

3 the certificate of registration that is issued to the

4 applicant under this Act will permit the applicant to engage

5 in business without registering separately under such other

6 law, ordinance or resolution.

7   Any person aggrieved by any decision of the Department

8 under this Section may, within 20 days after notice of such

9 decision, protest and request a hearing, whereupon the

10 Department shall give notice to such person of the time and

11 place fixed for such hearing and shall hold a hearing in

12 conformity with the provisions of this Act and then issue its

13 final administrative decision in the matter to such person. In

14 the absence of such a protest within 20 days, the Department's

15 decision shall become final without any further determination

16 being made or notice given.

17  With respect to security other than bonds (upon which the

18 Department may sue in the event of a forfeiture), if the

19 taxpayer fails to pay, when due, any amount whose payment such

20 security guarantees, the Department shall, after such

21 liability is admitted by the taxpayer or established by the

22 Department through the issuance of a final assessment that has

23 become final under the law, convert the security which that

24 taxpayer has furnished into money for the State, after first

25 giving the taxpayer at least 10 days' written notice, by

26 registered or certified mail, to pay the liability or forfeit
    SB3019 Enrolled       - 585 - LRB104 20255 HLH 33706 b

1 such security to the Department. If the security consists of

2 stocks or bonds or other securities which are listed on a

3 public exchange, the Department shall sell such securities

4 through such public exchange. If the security consists of an

5 irrevocable bank letter of credit, the Department shall

6 convert the security in the manner provided for in the Uniform

7 Commercial Code. If the security consists of a bank

8 certificate of deposit, the Department shall convert the

9 security into money by demanding and collecting the amount of

10 such bank certificate of deposit from the bank which issued

11 such certificate. If the security consists of a type of stocks

12 or other securities which are not listed on a public exchange,

13 the Department shall sell such security to the highest and

14 best bidder after giving at least 10 days' notice of the date,

15 time and place of the intended sale by publication in the

16 "State Official Newspaper". If the Department realizes more

17 than the amount of such liability from the security, plus the

18 expenses incurred by the Department in converting the security

19 into money, the Department shall pay such excess to the

20 taxpayer who furnished such security, and the balance shall be

21 paid into the State Treasury.

22  The Department shall discharge any surety and shall

23 release and return any security deposited, assigned, pledged

24 or otherwise provided to it by a taxpayer under this Section

25 within 30 days after:

26  (1) such taxpayer becomes a Prior Continuous
    SB3019 Enrolled          - 586 - LRB104 20255 HLH 33706 b

1   Compliance taxpayer; or

2   (2) such taxpayer has ceased to collect receipts on

3   which he is required to remit tax to the Department, has

4   filed a final tax return, and has paid to the Department an

5   amount sufficient to discharge his remaining tax

6   liability, as determined by the Department, under this Act

7   and under every other State tax law or municipal or county

8   tax ordinance or resolution under which the certificate of

9   registration issued under this Act permits the registrant

10  to engage in business without registering separately under

11  such other law, ordinance or resolution. The Department

12  shall make a final determination of the taxpayer's

13  outstanding tax liability as expeditiously as possible

14  after his final tax return has been filed; if the

15  Department cannot make such final determination within 45

16  days after receiving the final tax return, within such

17  period it shall so notify the taxpayer, stating its

18  reasons therefor.

19 (Source: P.A. 103-319, eff. 1-1-24; 103-592, eff. 1-1-25;

20 104-6, eff. 6-16-25.)

21  (35 ILCS 120/2b) (from Ch. 120, par. 441b)

22  Sec. 2b. The Department may, after notice and a hearing as

23 provided herein, revoke the certificate of registration of any

24 person who violates any of the provisions of this Act. Before

25 revocation of a certificate of registration the Department
    SB3019 Enrolled      - 587 - LRB104 20255 HLH 33706 b

1 shall, within 90 days after non-compliance and at least 7 days

2 prior to the date of the hearing, give the person so accused

3 notice in writing of the charge against him or her, and on the

4 date designated shall conduct a hearing upon this matter. The

5 lapse of such 90 day period shall not preclude the Department

6 from conducting revocation proceedings at a later date if

7 necessary. Any hearing held under this Section shall be

8 conducted by the Director of Revenue or by any officer or

9 employee of the Department designated, in writing, by the

10 Director of Revenue.

11  Upon the hearing of any such proceeding, the Director of

12 Revenue, or any officer or employee of the Department

13 designated, in writing, by the Director of Revenue, may

14 administer oaths and the Department may procure by its

15 subpoena the attendance of witnesses and, by its subpoena

16 duces tecum, the production of relevant books and papers. Any

17 circuit court, upon application either of the accused or of

18 the Department, may, by order duly entered, require the

19 attendance of witnesses and the production of relevant books

20 and papers, before the Department in any hearing relating to

21 the revocation of certificates of registration. Upon refusal

22 or neglect to obey the order of the court, the court may compel

23 obedience thereof by proceedings for contempt.

24  The Department may, by application to any circuit court,

25 obtain an injunction restraining any person who engages in the

26 business of selling tangible personal property at retail in
    SB3019 Enrolled  - 588 - LRB104 20255 HLH 33706 b

1 this State without a certificate of registration (either

2 because the certificate of registration has been revoked or

3 because of a failure to obtain a certificate of registration

4 in the first instance) from engaging in such business until

5 such person, as if he or she were a new applicant for a

6 certificate of registration, shall comply with all of the

7 conditions, restrictions and requirements of Section 2a of

8 this Act and qualify for and obtain a certificate of

9 registration. Upon refusal or neglect to obey the order of the

10 court, the court may compel obedience thereof by proceedings

11 for contempt.

12  It shall not be a defense in a proceeding before the

13 Department to revoke a certificate of registration issued

14 under the Act, or in any action by the Department to collect

15 any tax due under this Act, that the holder of the certificate

16 is a party to an installment payment agreement under Section

17 2a of this Act if the liability which is the basis of the

18 revocation proceeding, or the tax that is sought to be

19 collected: (1) was incurred after the date of the agreement

20 was approved by the Department; or (2) was incurred prior to

21 the date the agreement was approved by the Department, but was

22 not included in the agreement; or (3) was included in the

23 agreement, but the taxpayer is in default of the agreement.

24  If a person who is licensed as a retailer of alcoholic

25 liquor under the Liquor Control Act of 1934 has had his or her

26 certificate of registration revoked under this Section 2b,
    SB3019 Enrolled          - 589 - LRB104 20255 HLH 33706 b

1 then, pursuant to Section 7-6.5 of the Liquor Control Act of
2 1934, the Department shall file a notice with the Liquor
3 Control Commission that includes a certification, signed by
4 its Director of Revenue or his or her designee, attesting that
5 the person's certificate of registration has been revoked,
6 after notice and an opportunity to be heard.
7 (Source: P.A. 86-338; 86-383; 86-1028.)

8   Section 75-10. The Liquor Control Act of 1934 is amended

9 by adding Sections 1-3.49 and 7-6.5 as follows:

10  (235 ILCS 5/1-3.49 new)

11  Sec. 1-3.49. Inactive license. "Inactive license" means a

12 status of licensure in which the licensee holds a current

13 license under this Act, but the licensee is prohibited from

14 engaging in all licensed activities because the licensee does

15 not hold an active certificate of registration issued by the

16 Department of Revenue pursuant to the Retailers' Occupation

17 Tax Act.

18  (235 ILCS 5/7-6.5 new)

19  Sec. 7-6.5. Inactive licenses; certificate of

20 registration. Notwithstanding anything in this Act to the

21 contrary, the Commission shall inactivate the license of any

22 licensee authorized to sell alcoholic liquor at retail if that

23 person's certificate of registration renewal has been denied
    SB3019 Enrolled             - 590 - LRB104 20255 HLH 33706 b

1 by the Department of Revenue pursuant to Section 2a of the

2 Retailers' Occupation Tax Act or that person's certificate of

3 registration has been revoked by the Department of Revenue

4 pursuant to Section 2b of the Retailers' Occupation Tax Act

5 until the violation resulting in the nonrenewal or revocation

6 has been remedied and the certificate of registration has been

7 reinstated by the Department of Revenue. The Department of

8 Revenue shall file a notice with the Commission that includes

9 a certification, signed by Director of Revenue or his or her

10 designee, attesting that the person's certificate of

11 registration renewal has been denied or the person's

12 certificate of registration has been revoked after notice and

13 an opportunity to be heard.

14  If a person who is licensed as a retailer of alcoholic

15 liquor under this Act has had the renewal of his or her

16 certificate of registration denied under Section 2a or revoked

17 under Section 2b of the Retailers' Occupation Tax Act, then,

18 pursuant to this Section, distributors licensed under this Act

19 are prohibited from selling alcoholic liquor to that retailer,

20 that retailer is prohibited from purchasing alcoholic liquor

21 from distributors, and all other licensed activities are

22 prohibited pending notification by the Department of Revenue

23 that the nonrenewal or revocation has been resolved to the

24 Department of Revenue's satisfaction.

25                   ARTICLE 80
    SB3019 Enrolled     - 591 - LRB104 20255 HLH 33706 b

1   Section 80-5. The Cigarette Machine Operators' Occupation

2 Tax Act is amended by changing Sections 1-15, 1-20, 1-40, and

3 1-105 as follows:

4   (35 ILCS 128/1-15)

5   Sec. 1-15. Cigarette machine operator license. No person

6 may engage in the business of operating a cigarette machine in

7 this State on or after August 1, 2012 without first having

8 obtained a license from the Department. Application for a

9 license shall be made to the Department, by electronic means,

10 in on a form furnished and prescribed by the Department. Each

11 applicant for a license under this Section shall furnish the

12 following information to the Department in on a form signed

13 and verified by the applicant under penalty of perjury, in an

14 electronic format established by the Department, the

15 following:

16  (1) a statement that the applicant will fully comply

17  with the Tobacco Products Manufacturers' Escrow

18  Enforcement Act of 2003; and

19  (2) the following information:

20             (A) the name and address of the applicant;

21             (B) (2) the address of the location at which the

22  applicant proposes to engage in the business of

23  operating a cigarette machine in this State; and

24             (C) (3) any other additional information the
    SB3019 Enrolled           - 592 - LRB104 20255 HLH 33706 b

1   Department may reasonably require by its rules.

2   The annual license fee payable to the Department for the

3 initial and each renewal cigarette machine operator license is

4 $250. Each applicant for a license shall pay that fee to the

5 Department at the time of submitting an application for

6 license to the Department.

7   Through June 30, 2027, every Every applicant who is

8 required to procure a cigarette machine operator license shall

9 file with his or her application a joint and several bond. Such

10 bond shall be executed to the Department of Revenue, with good

11 and sufficient surety or sureties residing or licensed to do

12 business within the State of Illinois, in the amount of

13 $2,500, conditioned upon the true and faithful compliance by

14 the licensee with all of the provisions of this Act. Such bond,

15 or a reissue thereof, or a substitute therefor therefore,

16 shall be kept in effect during the entire period covered by the

17 license. On and after July 1, 2027, applicants are no longer

18 required to file a bond with their application. The Department

19 shall discharge any surety and shall release and return any

20 bond provided to it by a taxpayer under this Section within 90

21 days after July 1, 2027, provided that the taxpayer is not

22 delinquent or deficient in the payment of tax liability.

23  A separate application for license shall be made and , a

24 separate annual license fee paid, and a separate bond filed,

25 for each place of business at which a person who is required to

26 procure a cigarette machine operator license under this
    SB3019 Enrolled     - 593 - LRB104 20255 HLH 33706 b

1 Section proposes to engage in business as a cigarette machine

2 operator in Illinois under this Act.

3   The following are ineligible to receive a cigarette

4 machine operator license under this Act:

5   (1) a person who is not of good character and

6   reputation in the community in which the person he

7   resides; the Department may consider prior conviction of a

8   felony, but, except as provided in paragraph (2), the

9   conviction shall not operate as an absolute bar to

10  licensure;

11  (2) a person who has been convicted of a felony under

12  any federal or State law, if the Department, after

13  investigation and consideration of any mitigating factors

14  and evidence of rehabilitation contained in the

15  applicant's record, including those provided in Section 4i

16  of the Cigarette Tax Act, and after a hearing, if

17  requested by the applicant, determines that the such

18  person has not been sufficiently rehabilitated to warrant

19  the public trust and the conviction will impair the

20  ability of the person to engage in the position for which a

21  license is sought;

22  (3) a corporation, if any officer, manager, or

23  director thereof, or any stockholder or stockholders

24  owning in the aggregate more than 5% of the stock of such

25  corporation, would not be eligible to receive a license

26  under this Act for any reason; or
    SB3019 Enrolled  - 594 - LRB104 20255 HLH 33706 b

1   (4) a person who has delinquent reports under Section

2   25 of the Tobacco Products Manufacturers' Escrow

3   Enforcement Act of 2003; or

4   (5) a person, or any person who owns more than 15% of

5   the ownership interests in an entity or a related party,

6   who:

7         (A) owes, at the time of application, any

8   delinquent cigarette taxes or tobacco taxes that have

9   been determined by law to be due and unpaid under this

10  Act or any other tax Act administered by the

11  Department, unless the license applicant has entered

12  into an agreement approved by the Department to pay

13  the amount due;

14        (B) has had a license under this Act, the

15  Cigarette Tax Act, the Cigarette Use Tax Act, or the

16  Tobacco Products Tax Act of 1995 revoked within the

17  past 2 years by the Department for misconduct relating

18  to stolen or contraband cigarettes or has been

19  convicted of a State or federal crime, punishable by

20  imprisonment of one year or more, relating to stolen

21  or contraband cigarettes;

22        (B-5) manufactures cigarettes, whether in this

23  State or outside of this State, and who is neither (i)

24  a participating manufacturer as defined in subsection

25  II(jj) of the "Master Settlement Agreement" as defined

26  in Sections 10 of the Tobacco Product Manufacturers'
    SB3019 Enrolled  - 595 - LRB104 20255 HLH 33706 b

1   Escrow Act and the Tobacco Products Manufacturers'

2   Escrow Enforcement Act of 2003; nor (ii) in full

3   compliance with Tobacco Product Manufacturers' Escrow

4   Act and the Tobacco Products Manufacturers' Escrow

5   Enforcement Act of 2003;

6   (C) has been found by the Department, after notice

7   and a hearing, to have imported or caused to be

8   imported into the United States for sale or

9   distribution any cigarette in violation of 19 U.S.C.

10  1681a;

11  (D) has been found by the Department, after notice

12  and a hearing, to have imported or caused to be

13  imported into the United States for sale or

14  distribution, or manufactured for sale or distribution

15  in the United States, any cigarette that does not

16  fully comply with the Federal Cigarette Labeling and

17  Advertising Act (15 U.S.C. 1331, et seq.); or

18  (E) has been found by the Department, after notice

19  and a hearing, to have made a materially material

20  false statement in the application or has failed to

21  produce records required to be maintained by this Act.

22  The Department, upon receipt of an application and ,

23 license fee, and bond in proper form from a person who is

24 eligible to receive a cigarette machine operator license under

25 this Act, shall issue to such applicant a license in a form as

26 prescribed by the Department. That license shall permit the
    SB3019 Enrolled  - 596 - LRB104 20255 HLH 33706 b

1 applicant to whom it is issued to engage in business as a

2 cigarette machine operator at the place shown in the his or her

3 application. All licenses issued by the Department under this

4 Section shall be valid for a period not to exceed one year

5 after issuance unless sooner revoked, canceled, or suspended

6 as provided in this Act. No license issued under this Section

7 is transferable or assignable. Such license shall be

8 conspicuously displayed in the place of business conducted by

9 the licensee in Illinois under such license. No cigarette

10 machine operator acquires any vested interest or compensable

11 property right in a license issued under this Section Act.

12  A cigarette machine operator shall notify the Department

13 of any change in the information contained in on the

14 application form, including any change in ownership, and shall

15 do so within 30 days after that change.

16  Every prior continuous compliance taxpayer shall be exempt

17 from all requirements under this Section concerning the

18 furnishing of bond as a condition precedent to his being

19 authorized to engage in the business licensed under this Act.

20 This exemption shall continue for each prior continuous

21 compliance taxpayer until such time as he may be determined by

22 the Department to be delinquent in the filing of any returns,

23 or is determined by the Department (either through the

24 Department's issuance of a final assessment which has become

25 final under the Act, or by the taxpayer's filing of a return

26 which admits tax to be due that is not paid) to be delinquent
    SB3019 Enrolled          - 597 - LRB104 20255 HLH 33706 b

1 or deficient in the paying of any tax under this Act, at which

2 time that taxpayer shall become subject to the bond

3 requirements of this Section and, as a condition of being

4 allowed to continue to engage in the business licensed under

5 this Act, shall be required to furnish bond to the Department

6 in such form as provided in this Section. The taxpayer shall

7 furnish such bond for a period of 2 years, after which, if the

8 taxpayer has not been delinquent in the filing of any returns,

9 or delinquent or deficient in the paying of any tax under this

10 Act, the Department may reinstate that person as a prior

11 continuous continuance compliance taxpayer. Any taxpayer who

12 fails to pay an admitted or established liability under this

13 Act may also be required by the Department to post bond or

14 other acceptable security with the Department guaranteeing the

15 payment of that admitted or established liability.

16  The Department shall discharge any surety and shall

17 release and return any bond or security deposited, assigned,

18 pledged, or otherwise provided to it by a taxpayer under this

19 Section within 30 days after:

20  (1) that taxpayer becomes a prior continuous

21  compliance taxpayer; or

22  (2) that taxpayer has ceased to collect receipts on

23  which the taxpayer he is required to remit tax to the

24  Department, has filed a final tax return, and has paid to

25  the Department an amount sufficient to discharge the his

26  remaining tax liability as determined by the Department
    SB3019 Enrolled     - 598 - LRB104 20255 HLH 33706 b

1   under this Act. The Department shall make a final

2   determination of the taxpayer's outstanding tax liability

3   as expeditiously as possible after the his final tax

4   return has been filed. If the Department cannot make the

5   final determination within 45 days after receiving the

6   final tax return, it shall so notify the taxpayer within

7   that period, stating its reasons therefor therefore.

8   Any person aggrieved by any decision of the Department

9 under this Section may, within 30 20 days after receiving

10 notice of the decision, protest and request a hearing. Upon

11 receiving a written request for a hearing, the Department

12 shall give notice to the person requesting the hearing of the

13 time and place fixed for the hearing and shall hold a hearing

14 in conformity with the provisions of this Act and then issue

15 its final administrative decision in the matter to that

16 person. In the absence of a protest and request for a hearing

17 within 30 20 days, the Department's decision shall become

18 final without any further determination being made or notice

19 given.

20 (Source: P.A. 97-688, eff. 6-14-12.)

21  (35 ILCS 128/1-20)

22  Sec. 1-20. Revocation, cancellation, or suspension of

23 license. The Department may, after notice and hearing as

24 provided for by this Act, revoke, cancel, or suspend the

25 license of any cigarette machine operator for the violation of
    SB3019 Enrolled  - 599 - LRB104 20255 HLH 33706 b

1 any provision of this Act, or for noncompliance with the

2 provisions of this Act, or for any noncompliance with any

3 lawful rule or regulation promulgated by the Department under

4 this Act, or because the licensee is determined to be

5 ineligible for a cigarette machine operator's license for any

6 one or more of the reasons provided for in Section 1-15 of this

7 Act.

8   Any cigarette machine operator aggrieved by any decision

9 of the Department under this Section may, within 30 20 days

10 after notice of the decision, protest and request a hearing.

11 Upon receiving a written request for a hearing, the Department

12 shall give notice in writing to the cigarette machine operator

13 requesting the hearing that contains a statement of the

14 charges preferred against the cigarette machine operator and

15 that states the time and place fixed for the hearing. The

16 Department shall hold the hearing in conformity with the

17 provisions of this Act and then issue its final administrative

18 decision in the matter to the cigarette machine operator. In

19 the absence of a written protest and request for a hearing

20 within 30 20 days, the Department's decision shall become

21 final without any further determination being made or notice

22 given.

23  No license so revoked shall be reissued to any cigarette

24 machine operator for a period of 6 months after the date of the

25 final determination of such revocation. No license shall be

26 reissued at all so long as the person who would receive the
    SB3019 Enrolled      - 600 - LRB104 20255 HLH 33706 b

1 license is ineligible to receive a cigarette machine

2 operator's license under this Act for any one or more of the

3 reasons provided for in Section 1-15 of this Act.

4   The Department, upon complaint filed in the circuit court,

5 may, by injunction, restrain any person who fails or refuses

6 to comply with any of the provisions of this Act from acting as

7 a cigarette machine operator in this State.

8 (Source: P.A. 97-688, eff. 6-14-12.)

9   (35 ILCS 128/1-40)

10  Sec. 1-40. Returns.

11  (a) Cigarette machine operators shall file a return and

12 remit the tax imposed by Section 1-10 by the 15th day of each

13 month covering the preceding calendar month. Each such return

14 shall show: the quantity of cigarettes made or fabricated

15 during the period covered by the return; the beginning and

16 ending meter reading for each cigarette machine for the period

17 covered by the return; the quantity of such cigarettes sold or

18 otherwise disposed of during the period covered by the return;

19 the brand family and manufacturer and quantity of tobacco

20 products used to make or fabricate cigarettes by use of a

21 cigarette machine; the license number of each distributor from

22 whom tobacco products are purchased; the type and quantity of

23 cigarette tubes purchased for use in a cigarette machine; the

24 type and quantity of cigarette tubes used in a cigarette

25 machine; and such other information as the Department may
    SB3019 Enrolled            - 601 - LRB104 20255 HLH 33706 b

1 require. Information that the Department may reasonably

2 require includes information related to the uniform regulation

3 and taxation of cigarettes. All returns and supporting

4 schedules required to be filed under this Section and all

5 payments required to be made under this Section shall be by

6 electronic means in the form prescribed by the Department.

7   Cigarette machine operators shall send a copy of those

8 returns, together with supporting schedule data, to the

9 Attorney General's Office by the 15th day of each month for the

10 period covering the preceding calendar month.

11  (b) Cigarette machine operators may take a credit against

12 any tax due under Section 1-10 of this Act for taxes imposed

13 and paid under the Tobacco Products Tax Act of 1995 on tobacco

14 products sold to a customer and used in a rolling machine

15 located at the cigarette machine operator's place of business.

16 To be eligible for such credit, the tobacco product must meet

17 the requirements of subsection (a) of Section 1-25 of this

18 Act. This subsection (b) is exempt from the provisions of

19 Section 1-155 of this Act.

20  (c) If any payment provided for in this Section exceeds

21 the cigarette machine operator's liabilities under this Act,

22 as shown on an original return, the cigarette machine operator

23 may credit such excess payment against liability subsequently

24 to be remitted to the Department under this Act, in accordance

25 with reasonable rules adopted by the Department.

26 (Source: P.A. 104-6, eff. 1-1-26.)
    SB3019 Enrolled      - 602 - LRB104 20255 HLH 33706 b

1   (35 ILCS 128/1-105)

2   Sec. 1-105. Hearings regarding seized cigarettes and

3 cigarette machines. After seizing any cigarettes or cigarette

4 machines, as provided in Section 1-100 of this Act, the

5 Department shall hold a hearing and shall determine whether

6 such cigarettes, at the time of their seizure by the

7 Department, were contraband cigarettes, or whether such

8 cigarette machines, at the time of their seizure by the

9 Department, contained or made contraband cigarettes. The

10 Department is not required to hold such a hearing if a waiver

11 and consent to forfeiture has been executed by the owner of the

12 property, if the owner is known, and by the person in whose

13 possession the property so taken was found, if that person is

14 known and if that person is not the owner of the property. The

15 Department shall give not less than 7 days' notice of the time

16 and place of such hearing to the owner of such property, if he

17 is known, and also to the person in whose possession the

18 property so taken was found, if such person is known and if

19 such person in possession is not the owner of said property. In

20 case neither the owner nor the person in possession of such

21 property is known, the Department shall cause publication of

22 the time and place of such hearing to be made at least once in

23 each week for 3 weeks successively in a newspaper of general

24 circulation in the county where such hearing is to be held.

25  If, as the result of such hearing, the Department
    SB3019 Enrolled      - 603 - LRB104 20255 HLH 33706 b

1 determines that the cigarettes seized were, at the time of

2 seizure, contraband cigarettes, or that any cigarette machine

3 at the time of its seizure contained or made contraband

4 cigarettes, or upon receipt of a properly executed waiver and

5 consent to forfeiture as provided in this Section, the

6 Department shall enter an order declaring such cigarettes or

7 such cigarette machine confiscated and forfeited to the State,

8 and to be held by the Department for disposal as provided in

9 this Section. The Department shall give notice of such order

10 to the owner of such property if he is known, and also to the

11 person in whose possession the property so taken was found, if

12 such person is known, and if such person in possession is not

13 the owner of the property. In case neither the owner nor the

14 person in possession of such property is known, the Department

15 shall cause publication of such order to be made at least once

16 in each week for 3 weeks successively in a newspaper of general

17 circulation in the county where such hearing was held.

18  When any cigarettes or any cigarette machine shall have

19 been declared forfeited to the State by the Department, as

20 provided hereunder, and when all proceedings for the judicial

21 review of the Department's decision have terminated, the

22 Department shall, to the extent that its decision is sustained

23 on review, destroy or maintain and use such property in an

24 undercover capacity.

25  The cost of destruction shall be assessed against the

26 owner of the forfeited property or the person in possession of
    SB3019 Enrolled  - 604 - LRB104 20255 HLH 33706 b

1 the forfeited property. Those costs shall be assessed

2 regardless of whether the forfeiture is determined by hearing

3 or waiver.

4   Any person aggrieved by any decision of the Department

5 under this Section may, within 30 days after notice of the

6 decision, protest and request a hearing. Upon receiving a

7 written request for a hearing, the Department shall give

8 notice to the person requesting the hearing of the time and

9 place fixed for the hearing and shall hold a hearing in

10 conformity with the provisions of this Act and then issue its

11 final administrative decision in the matter to that person. In

12 the absence of a protest and request for a hearing within 30

13 days, the Department's decision shall become final without any

14 further determination being made or notice given.

15 (Source: P.A. 97-688, eff. 6-14-12.)

16  Section 80-10. The Cigarette Tax Act is amended by

17 changing Sections 4, 4a, 4b, 4c, 4f, 4g, 4i, 6, and 21 as

18 follows:

19  (35 ILCS 130/4) (from Ch. 120, par. 453.4)

20  Sec. 4. Distributor's license.

21  (a) No person may engage in business as a distributor of

22 cigarettes in this State within the meaning of the first 2

23 definitions of distributor in Section 1 of this Act without

24 first having obtained a license therefor from the Department.
    SB3019 Enrolled  - 605 - LRB104 20255 HLH 33706 b

1 Application for license shall be made to the Department, by

2 electronic means, in a form as furnished and prescribed by the

3 Department. Each applicant for a license under this Section

4 shall furnish to the Department in a on the form signed and

5 verified by the applicant under penalty of perjury, in an

6 electronic format established by the Department, the following

7 information:

8   (1) a statement that the applicant will fully comply

9   with the Tobacco Products Manufacturers' Escrow

10  Enforcement Act of 2003; and

11  (2) the following information:

12  (A) the (a) The name and address of the applicant;

13  (B) the (b) The address of the location at which

14  the applicant proposes to engage in business as a

15  distributor of cigarettes in this State; and

16  (C) such (c) Such other additional information as

17  the Department may reasonably lawfully require by its

18  rules and regulations.

19  The annual license fee payable to the Department for the

20 initial and each renewal distributor's license shall be $250.

21 The purpose of the initial and renewal such annual license fee

22 is to defray the cost, to the Department, of serializing

23 cigarette tax stamps. Each applicant for license shall pay

24 such fee to the Department at the time of submitting the his

25 application for license to the Department.

26  Through June 30, 2027, every Every applicant who is
    SB3019 Enrolled  - 606 - LRB104 20255 HLH 33706 b

1 required to procure a distributor's license shall file with

2 his application a joint and several bond. Such bond shall be

3 executed to the Department of Revenue, with good and

4 sufficient surety or sureties residing or licensed to do

5 business within the State of Illinois, in the amount of

6 $2,500, conditioned upon the true and faithful compliance by

7 the licensee with all of the provisions of this Act. Such bond,

8 or a reissue thereof, or a substitute therefor, shall be kept

9 in effect during the entire period covered by the license. On

10 and after July 1, 2027, applicants are no longer required to

11 file a bond with their application. The Department shall

12 discharge any surety and shall release and return any bond

13 provided to it by a taxpayer under this Section within 90 days

14 after July 1, 2027, provided that the taxpayer is not

15 delinquent or deficient in the payment of tax liability.

16  A separate application for license shall be made and , a

17 separate annual license fee paid, and a separate bond filed,

18 for each place of business at which a person who is required to

19 procure a distributor's license under this Section proposes to

20 engage in business as a distributor in Illinois under this

21 Section Act.

22  (b) The following are ineligible to receive a

23 distributor's license under this Section Act:

24  (1) a person who is not of good character and

25  reputation in the community in which the person he

26  resides; the Department may consider prior conviction of a
    SB3019 Enrolled     - 607 - LRB104 20255 HLH 33706 b

1   felony, past conviction of a felony but, except as

2   provided in paragraph (2), the conviction shall not

3   operate as an absolute bar to licensure;

4   (2) a person who has been convicted of a felony under

5   any federal Federal or State law, if the Department, after

6   investigation and a hearing and consideration of any

7   mitigating factors and evidence of rehabilitation

8   contained in the applicant's record, including those

9   provided in Section 4i of this Act, and after a hearing, if

10  requested by the applicant, determines that the such

11  person has not been sufficiently rehabilitated to warrant

12  the public trust and the conviction will impair the

13  ability of the person to engage in the position for which a

14  license is sought;

15  (3) a corporation, if any officer, manager, or

16  director thereof, or any stockholder or stockholders

17  owning in the aggregate more than 5% of the stock of such

18  corporation, would not be eligible to receive a license

19  under this Act for any reason;

20  (4) a person who has delinquent reports under Section

21  25 of the Tobacco Products Manufacturers' Escrow

22  Enforcement Act of 2003; or

23  (5) a person, or any person who owns more than 15% 15

24  percent of the ownership interests in a person or a

25  related party who:

26  (A) (a) owes, at the time of application, any
    SB3019 Enrolled  - 608 - LRB104 20255 HLH 33706 b

1   delinquent cigarette taxes that have been determined

2   by law to be due and unpaid under this Act or any other

3   tax Act administered by the Department, unless the

4   license applicant has entered into an agreement

5   approved by the Department to pay the amount due;

6   (B) (b) had a license under this Act, the

7   Cigarette Use Tax Act, the Tobacco Products Tax Act of

8   1995, or the Cigarette Machine Operator's Occupation

9   Tax Act revoked within the past 2 two years by the

10  Department for misconduct relating to stolen or

11  contraband cigarettes or has been convicted of a State

12  or federal crime, punishable by imprisonment of one

13  year or more, relating to stolen or contraband

14  cigarettes;

15  (C) (c) manufactures cigarettes, whether in this

16  State or out of this State, and who is neither (i) a

17  participating manufacturer as defined in subsection

18  II(jj) of the "Master Settlement Agreement" as defined

19  in Sections 10 of the Tobacco Product Products

20  Manufacturers' Escrow Act and the Tobacco Products

21  Manufacturers' Escrow Enforcement Act of 2003 (30 ILCS

22  168/10 and 30 ILCS 167/10); nor (ii) in full

23  compliance with Tobacco Product Products

24  Manufacturers' Escrow Act and the Tobacco Products

25  Manufacturers' Escrow Enforcement Act of 2003 (30 ILCS

26  168/ and 30 ILCS 167/);
    SB3019 Enrolled  - 609 - LRB104 20255 HLH 33706 b

1   (D) (d) has been found by the Department, after

2   notice and a hearing, to have imported or caused to be

3   imported into the United States for sale or

4   distribution any cigarette in violation of 19 U.S.C.

5   1681a;

6   (E) (e) has been found by the Department, after

7   notice and a hearing, to have imported or caused to be

8   imported into the United States for sale or

9   distribution or manufactured for sale or distribution

10  in the United States any cigarette that does not fully

11  comply with the Federal Cigarette Labeling and

12  Advertising Act (15 U.S.C. 1331, et seq.); or

13  (F) (f) has been found by the Department, after

14  notice and a hearing, to have made a materially

15  material false statement in the application or has

16  failed to produce records required to be maintained by

17  this Act.

18  (c) The Department, upon receipt of an application and ,

19 license fee and bond in proper form, from a person who is

20 eligible to receive a distributor's license under this

21 Section, Act, shall issue to such applicant a license. That in

22 form as prescribed by the Department, which license shall

23 permit the applicant to which it is issued to engage in

24 business as a distributor at the place shown in the his

25 application. All licenses issued by the Department under this

26 Section Act shall be valid for a period not to exceed one year
    SB3019 Enrolled             - 610 - LRB104 20255 HLH 33706 b

1 after issuance unless sooner revoked, canceled, or suspended

2 as provided in this Act. No license issued under this Section

3 Act is transferable or assignable. Such license shall be

4 conspicuously displayed in the place of business conducted by

5 the licensee in Illinois under such license. No distributor

6 licensee acquires any vested interest or compensable property

7 right in a license issued under this Section Act.

8   A licensed distributor shall notify the Department of any

9 change in the information contained on the application form,

10 including any change in ownership and shall do so within 30

11 days after any such change.

12  Any person aggrieved by any decision of the Department

13 under this Section may, within 30 20 days after notice of the

14 decision, protest and request a hearing. Upon receiving a

15 request for a hearing, the Department shall give notice to the

16 person requesting the hearing of the time and place fixed for

17 the hearing and shall hold a hearing in conformity with the

18 provisions of this Act and then issue its final administrative

19 decision in the matter to that person. In the absence of a

20 protest and request for a hearing within 30 20 days, the

21 Department's decision shall become final without any further

22 determination being made or notice given.

23 (Source: P.A. 100-286, eff. 1-1-18.)

24  (35 ILCS 130/4a) (from Ch. 120, par. 453.4a)

25  Sec. 4a. If a distributor shall be convicted of the
    SB3019 Enrolled             - 611 - LRB104 20255 HLH 33706 b

1 violation of any of the provisions of this Act, or if the

2 distributor's his or her license shall be revoked and no

3 review is had of the order or revocation, or if on review

4 thereof the decision is adverse to the distributor, or if a

5 distributor fails to pay an assessment as to which no judicial

6 review is sought and which has become final, or pursuant to

7 which, upon review thereof, the circuit court has entered a

8 judgment that is in favor of the Department and that has become

9 final, the bond filed pursuant to this Act shall thereupon be

10 forfeited, and the Department may institute a suit upon such

11 bond in its own name for the entire amount of such bond and

12 costs. Such suit upon the bond shall be in addition to any

13 other remedy provided for herein.

14  This Section is repealed on January 1, 2028.

15 (Source: P.A. 96-1027, eff. 7-12-10.)

16  (35 ILCS 130/4b) (from Ch. 120, par. 453.4b)

17  Sec. 4b. Distributor's permit.

18  (a) Cigarettes in original packages contained inside a

19 sealed transparent wrapper.

20  (1) The Department may, in its discretion, upon

21  application, issue permits authorizing the payment of the

22  tax herein imposed by out-of-State cigarette manufacturers

23  who are not required to be licensed as distributors of

24  cigarettes in this State, but who elect to qualify under

25  this subsection Act as distributors of cigarettes in this
    SB3019 Enrolled  - 612 - LRB104 20255 HLH 33706 b

1   State, and who, to the satisfaction of the Department,

2   furnish adequate security to insure payment of the tax,

3   provided that any such permit shall extend only to

4   cigarettes which such permittee manufacturer places in

5   original packages that are contained inside a sealed

6   transparent wrapper. Application for a permit shall be

7   made to the Department, by electronic means, in a form

8   prescribed by the Department. Such permits shall be issued

9   without charge in such form as the Department may

10  prescribe and shall not be transferable or assignable.

11  (2) Each applicant for a permit under this subsection

12  shall furnish to the Department in a form signed and

13  verified by the applicant under penalty of perjury, in an

14  electronic format established by the Department, the

15  following:

16  (A) a statement that the applicant will fully

17  comply with the Tobacco Products Manufacturers' Escrow

18  Enforcement Act of 2003; and

19  (B) the following information:

20                   (i) the name and address of the applicant;

21                   (ii) the address of the location at which the

22  applicant proposes to engage in business; and

23                   (iii) such other additional information as the

24  Department may reasonably require by its rules.

25  (3) The following are ineligible to receive a

26  distributor's permit under this subsection:
    SB3019 Enrolled  - 613 - LRB104 20255 HLH 33706 b

1   (A)(1) a person who is not of good character and

2   reputation in the community in which the person he

3   resides; the Department may consider prior conviction

4   of a felony, past conviction of a felony but, except as

5   provided in paragraph (B), the conviction shall not

6   operate as an absolute bar to receiving a permit;

7   (B) (2) a person who has been convicted of a felony

8   under any federal Federal or State law, if the

9   Department, after investigation and a hearing and

10  consideration of any mitigating factors and evidence

11  of rehabilitation contained in the applicant's record,

12  including those in Section 4i of this Act, and after a

13  hearing, if requested by the applicant, determines

14  that such person has not been sufficiently

15  rehabilitated to warrant the public trust and the

16  conviction will impair the ability of the person to

17  engage in the position for which a permit is sought;

18  (C) (3) a corporation, if any officer, manager or

19  director thereof, or any stockholder or stockholders

20  owning in the aggregate more than 5% of the stock of

21  such corporation, would not be eligible to receive a

22  permit under this Act for any reason.

23  (D) a person who has delinquent reports under

24  Section 25 of the Tobacco Products Manufacturers'

25  Escrow Enforcement Act of 2003; or

26  (E) a person, or any person who owns more than 15%
    SB3019 Enrolled  - 614 - LRB104 20255 HLH 33706 b

1   of the ownership interests in a person or a related

2   party, who:

3                    (i) owes, at the time of application, any

4   delinquent taxes that have been determined by law

5   to be due and unpaid under this Act or any other

6   tax Act administered by the Department, unless the

7   applicant has entered into an agreement approved

8   by the Department to pay the amount due;

9                    (ii) had a license under this Act, the

10  Cigarette Use Tax Act, the Tobacco Products Tax

11  Act of 1995, or the Cigarette Machine Operator's

12  Occupation Tax Act revoked within the past 2 years

13  by the Department for misconduct relating to

14  stolen or contraband cigarettes or has been

15  convicted of a State or federal crime, punishable

16  by imprisonment of one year or more, relating to

17  stolen or contraband cigarettes;

18                   (iii) manufactures cigarettes, whether in this

19  State or out of this State, and who is neither (a)

20  a participating manufacturer as defined in

21  subsection II(jj) of the "Master Settlement

22  Agreement" as defined in Sections 10 of the

23  Tobacco Product Manufacturers' Escrow Act and the

24  Tobacco Products Manufacturers' Escrow Enforcement

25  Act of 2003; nor (b) in full compliance with

26  Tobacco Product Manufacturers' Escrow Act and the
    SB3019 Enrolled  - 615 - LRB104 20255 HLH 33706 b

1   Tobacco Products Manufacturers' Escrow Enforcement

2   Act of 2003;

3                    (iv) has been found by the Department, after

4   notice and a hearing, to have imported or caused

5   to be imported into the United States for sale or

6   distribution any cigarette in violation of 19

7   U.S.C. 1681a;

8                    (v) has been found by the Department, after

9   notice and a hearing, to have imported or caused

10  to be imported into the United States for sale or

11  distribution or manufactured for sale or

12  distribution in the United States any cigarette

13  that does not fully comply with the Federal

14  Cigarette Labeling and Advertising Act (15 U.S.C.

15  1331, et seq.); or

16                   (vi) has been found by the Department, after

17  notice and a hearing, to have made a materially

18  false statement in the application or has failed

19  to produce records required to be maintained by

20  this Act.

21  (4) There is no application fee for the initial and

22  renewal permits. A permittee shall notify the Department

23  of any change in the information contained on the

24  application form, including any change in ownership and

25  shall do so within 30 days after the change. The permit

26  shall not be transferable or assignable. A permittee does
    SB3019 Enrolled   - 616 - LRB104 20255 HLH 33706 b

1   not acquire any vested interest or compensable property

2   right in a permit issued under this subsection.

3   (5) Any person aggrieved by any decision of the

4   Department under this subsection may, within 30 days after

5   notice of the decision, protest and request a hearing.

6   Upon receiving a request for a hearing, the Department

7   shall give notice to the person requesting the hearing of

8   the time and place fixed for the hearing and shall hold a

9   hearing in conformity with the provisions of this Act and

10  then issue its final administrative decision in the matter

11  to that person. In the absence of a protest and request for

12  a hearing within 30 days, the Department's decision shall

13  become final without any further determination being made

14  or notice given.

15  (6) With respect to cigarettes which come within the

16  scope of such a permit and which any such permittee

17  delivers or causes to be delivered in Illinois to licensed

18  distributors, such permittee shall remit the tax imposed

19  by this Act at the times provided for in Section 3 of this

20  Act. Each such remittance shall be accompanied by a return

21  filed with the Department in on a form to be prescribed and

22  furnished by the Department and shall disclose such

23  information as the Department may lawfully require.

24  Information that the Department may lawfully require

25  includes information related to the uniform regulation and

26  taxation of cigarettes. All returns and supporting
    SB3019 Enrolled          - 617 - LRB104 20255 HLH 33706 b

1   schedules required to be filed under this subsection

2   Section and all payments required to be made under this

3   subsection Section shall be by electronic means in the

4   form prescribed by the Department. Each such return shall

5   be accompanied by a copy of each invoice rendered by the

6   permittee to any licensed distributor to whom the

7   permittee delivered cigarettes of the type covered by the

8   permit (or caused cigarettes of the type covered by the

9   permit to be delivered) in Illinois during the period

10  covered by such return.

11  (7) Such permit may be suspended, canceled, or revoked

12  when, at any time, the Department considers that the

13  security given is inadequate, or that such tax can more

14  effectively be collected from distributors located in this

15  State, or whenever the permittee violates any provision of

16  this Act or any lawful rule or regulation issued by the

17  Department pursuant to this Act or is determined to be

18  ineligible for a distributor's permit under this Act as

19  provided in this subsection Section, whenever the

20  permittee shall notify the Department in writing of his

21  desire to have the permit canceled. The Department shall

22  have the power, in its discretion, to issue a new permit

23  after such suspension, cancellation or revocation, except

24  when the person who would receive the permit is ineligible

25  to receive a distributor's permit under this Act.

26  (8) All permits issued by the Department under this
    SB3019 Enrolled  - 618 - LRB104 20255 HLH 33706 b

1   subsection Act shall be valid for a period not to exceed

2   one year after issuance unless sooner revoked, canceled,

3   or suspended as provided in this Act provided.

4   (b) Unstamped original packages of cigarettes for

5 distribution to the public for promotional purposes without

6 consideration.

7   (1) Out-of-state cigarette manufacturers who are not

8   required to be licensed as distributors of cigarettes in

9   this State and who do not elect to obtain approval under

10  subsection 4b(a) to pay the tax imposed by this Act, but

11  who elect to qualify under this subsection Act as

12  distributors of cigarettes in this State for purposes of

13  shipping and delivering unstamped original packages of

14  cigarettes into this State to licensed distributors, shall

15  obtain a permit from the Department. Application for a

16  permit shall be made to the Department, by electronic

17  means, in a form prescribed by the Department. These

18  permits shall be issued without charge in such form as the

19  Department may prescribe and shall not be transferable or

20  assignable.

21  (2) Each applicant for a permit under this subsection

22  shall furnish to the Department in a form signed and

23  verified by the applicant under penalty of perjury, in an

24  electronic format established by the Department, the

25  following:

26  (A) a statement that the applicant will fully
    SB3019 Enrolled      - 619 - LRB104 20255 HLH 33706 b

1   comply with the Tobacco Products Manufacturers' Escrow

2   Enforcement Act of 2003; and

3   (B) the following information:

4                    (i) the name and address of the applicant;

5                    (ii) the address of the location at which the

6   applicant proposes to engage in business; and

7                    (iii) such other additional information as the

8   Department may reasonably require by its rules.

9   (3) The following are ineligible to receive a

10  distributor's permit under this subsection:

11  (A) (1) a person who is not of good character and

12  reputation in the community in which the person he or

13  she resides; the Department may consider prior

14  conviction of a felony, past conviction of a felony

15  but, except as provided in paragraph (B), the

16  conviction shall not operate as an absolute bar to

17  receiving a permit;

18  (B) (2) a person who has been convicted of a felony

19  under any federal or State law, if the Department,

20  after investigation and a hearing and consideration of

21  any mitigating factors and evidence of rehabilitation

22  contained in the applicant's record, including those

23  set forth in Section 4i of this Act, and a hearing, if

24  requested by the applicant, determines that the person

25  has not been sufficiently rehabilitated to warrant the

26  public trust and the conviction will impair the
    SB3019 Enrolled  - 620 - LRB104 20255 HLH 33706 b

1   ability of the person to engage in the position for

2   which a permit is sought; and

3   (C) (3) a corporation, if any officer, manager, or

4   director thereof, or any stockholder or stockholders

5   owning in the aggregate more than 5% of the stock of

6   the corporation, would not be eligible to receive a

7   permit under this Act for any reason;.

8   (D) a person who has delinquent reports under

9   Section 25 of the Tobacco Products Manufacturers'

10  Escrow Enforcement Act of 2003; or

11  (E) a person, or any person who owns more than 15%

12  of the ownership interests in a person or a related

13  party who:

14                   (i) owes, at the time of application, any

15  delinquent taxes that have been determined by law

16  to be due and unpaid under this Act or any other

17  tax Act administered by the Department, unless the

18  applicant has entered into an agreement approved

19  by the Department to pay the amount due;

20                   (ii) had a license under this Act, the

21  Cigarette Use Tax Act, the Tobacco Products Tax

22  Act of 1995, or the Cigarette Machine Operator's

23  Occupation Tax Act revoked within the past 2 years

24  by the Department for misconduct relating to

25  stolen or contraband cigarettes or has been

26  convicted of a State or federal crime, punishable
    SB3019 Enrolled  - 621 - LRB104 20255 HLH 33706 b

1   by imprisonment of one year or more, relating to

2   stolen or contraband cigarettes;

3                    (iii) manufactures cigarettes, whether in this

4   State or out of this State, and who is neither (a)

5   a participating manufacturer as defined in

6   subsection II(jj) of the "Master Settlement

7   Agreement" as defined in Sections 10 of the

8   Tobacco Product Manufacturers' Escrow Act and the

9   Tobacco Products Manufacturers' Escrow Enforcement

10  Act of 2003; nor (b) in full compliance with

11  Tobacco Product Manufacturers' Escrow Act and the

12  Tobacco Products Manufacturers' Escrow Enforcement

13  Act of 2003;

14                   (iv) has been found by the Department, after

15  notice and a hearing, to have imported or caused

16  to be imported into the United States for sale or

17  distribution any cigarette in violation of 19

18  U.S.C. 1681a;

19                   (v) has been found by the Department, after

20  notice and a hearing, to have imported or caused

21  to be imported into the United States for sale or

22  distribution or manufactured for sale or

23  distribution in the United States any cigarette

24  that does not fully comply with the Federal

25  Cigarette Labeling and Advertising Act (15 U.S.C.

26  1331, et seq.); or
    SB3019 Enrolled   - 622 - LRB104 20255 HLH 33706 b

1                    (vi) has been found by the Department, after

2   notice and a hearing, to have made a materially

3   false statement in the application or has failed

4   to produce records required to be maintained by

5   this Act.

6   (4) There is no application fee for the initial and

7   renewal permits. A permittee shall notify the Department

8   of any change in the information contained on the

9   application form, including any change in ownership and

10  shall do so within 30 days after any such change. Such

11  permit shall not be transferable or assignable. A

12  permittee does not acquire any vested interest or

13  compensable property right in a permit issued under this

14  subsection.

15  (5) Any person aggrieved by any decision of the

16  Department under this subsection may, within 30 days after

17  notice of the decision, protest and request a hearing.

18  Upon receiving a request for a hearing, the Department

19  shall give notice to the person requesting the hearing of

20  the time and place fixed for the hearing and shall hold a

21  hearing in conformity with the provisions of this Act and

22  then issue its final administrative decision in the matter

23  to that person. In the absence of a protest and request for

24  a hearing within 30 days, the Department's decision shall

25  become final without any further determination being made

26  or notice given.
    SB3019 Enrolled  - 623 - LRB104 20255 HLH 33706 b

1   (6) With respect to original packages of cigarettes

2   that such permittee delivers or causes to be delivered in

3   Illinois and distributes to the public for promotional

4   purposes without consideration, the permittee shall pay

5   the tax imposed by this Act by remitting the amount

6   thereof to the Department by the 5th day of each month

7   covering cigarettes shipped or otherwise delivered in

8   Illinois for those purposes during the preceding calendar

9   month. The permittee, before delivering those cigarettes

10  or causing those cigarettes to be delivered in this State,

11  shall evidence the permittee's his or her obligation to

12  remit the taxes due with respect to those cigarettes by

13  imprinting language to be prescribed by the Department on

14  each original package of cigarettes, in such place thereon

15  and in such manner also to be prescribed by the

16  Department. The imprinted language shall acknowledge the

17  permittee's payment of or liability for the tax imposed by

18  this Act with respect to the distribution of those

19  cigarettes.

20  (7) With respect to cigarettes that the permittee

21  delivers or causes to be delivered in Illinois to Illinois

22  licensed distributors or distributed to the public for

23  promotional purposes, the permittee shall, by the 5th day

24  of each month, file with the Department, a report covering

25  cigarettes shipped or otherwise delivered in Illinois to

26  licensed distributors or distributed to the public for
    SB3019 Enrolled          - 624 - LRB104 20255 HLH 33706 b

1   promotional purposes during the preceding calendar month

2   in on a form to be prescribed and furnished by the

3   Department and shall disclose such other information as

4   the Department may lawfully require. Information that the

5   Department may lawfully require includes information

6   related to the uniform regulation and taxation of

7   cigarettes. All reports and supporting schedules required

8   to be filed under this subsection Section shall be filed

9   electronically in the form prescribed by the Department.

10  Each such report shall be accompanied by a copy of each

11  invoice rendered by the permittee to any purchaser to whom

12  the permittee delivered cigarettes of the type covered by

13  the permit (or caused cigarettes of the type covered by

14  the permit to be delivered) in Illinois during the period

15  covered by such report.

16  (8) Such permit may be suspended, canceled, or revoked

17  whenever the permittee violates any provision of this Act

18  or any lawful rule or regulation issued by the Department

19  pursuant to this Act, is determined to be ineligible for a

20  distributor's permit under this Act as provided in this

21  subsection Section, or notifies the Department in writing

22  of his or her desire to have the permit canceled. The

23  Department shall have the power, in its discretion, to

24  issue a new permit after such suspension, cancellation, or

25  revocation, except when the person who would receive the

26  permit is ineligible to receive a distributor's permit
    SB3019 Enrolled            - 625 - LRB104 20255 HLH 33706 b

1   under this Act.

2   (9) All permits issued by the Department under this

3   subsection Act shall be valid for a period not to exceed

4   one year after issuance unless sooner revoked, canceled,

5   or suspended as provided in this Act.

6 (Source: P.A. 103-592, eff. 1-1-25; 104-6, eff. 1-1-26.)

7   (35 ILCS 130/4c)

8   Sec. 4c. Secondary distributor's license.

9   (a) No person may engage in business as a secondary

10 distributor of cigarettes in this State without first having

11 obtained a license therefor from the Department. Application

12 for license shall be made to the Department, by electronic

13 means, in on a form as furnished and prescribed by the

14 Department. Each applicant for a license under this Section

15 shall furnish the following information to the Department in

16 on a form signed and verified by the applicant under penalty of

17 perjury, in an electronic format established by the

18 Department, the following:

19  (1) a statement that the applicant will fully comply

20  with the Tobacco Products Manufacturers' Escrow

21  Enforcement Act of 2003; and

22  (2) the following information:

23  (A) the name and address of the applicant;

24  (B) (2) the address of the location at which the

25  applicant proposes to engage in business as a
    SB3019 Enrolled           - 626 - LRB104 20255 HLH 33706 b

1        secondary distributor of cigarettes in this State; and

2        (C) (3) such other additional information as the

3        Department may reasonably require by its rule.

4   The annual license fee payable to the Department for the

5 initial and each renewal secondary distributor's license shall

6 be $250. Each applicant for a license shall pay such fee to the

7 Department at the time of submitting an application for

8 license to the Department.

9   A separate application for license shall be made and

10 separate annual license fee paid for each place of business at

11 which a person who is required to procure a secondary

12 distributor's license under this Section proposes to engage in

13 business as a secondary distributor in Illinois under this

14 Act.

15  (b) The following are ineligible to receive a secondary

16 distributor's license under this Section Act:

17       (1) a person who is not of good character and

18  reputation in the community in which the person he

19  resides; the Department may consider prior past conviction

20  of a felony but, except as provided in paragraph (2), the

21  conviction shall not operate as an absolute bar to

22  licensure receiving a license;

23       (2) a person who has been convicted of a felony under

24  any federal or State law, if the Department, after

25  investigation and a hearing and consideration of any the

26  mitigating factors and evidence of rehabilitation
    SB3019 Enrolled  - 627 - LRB104 20255 HLH 33706 b

1   contained in the applicant's record, including those

2   provided in subsection (b) of Section 4i of this Act, and

3   hearing, if requested by the applicant, determines that

4   such person has not been sufficiently rehabilitated to

5   warrant the public trust and the conviction will impair

6   the ability of the person to engage in the position for

7   which a license is sought;

8   (3) a corporation, if any officer, manager, or

9   director thereof, or any stockholder or stockholders

10  owning in the aggregate more than 5% of the stock of such

11  corporation, would not be eligible to receive a license

12  under this Act for any reason;

13  (4) a person who manufactures cigarettes, whether in

14  this State or out of this State, and who is neither (i) a

15  participating manufacturer as defined in subsection II(jj)

16  of the "Master Settlement Agreement" as defined in

17  Sections 10 of the Tobacco Product Manufacturers' Escrow

18  Act and the Tobacco Products Manufacturers' Escrow

19  Enforcement Act of 2003; nor (ii) in full compliance with

20  Tobacco Product Manufacturers' Escrow Act and the Tobacco

21  Products Manufacturers' Escrow Enforcement Act of 2003;

22  (5) a person who has delinquent reports under Section

23  25 of the Tobacco Products Manufacturers' Escrow

24  Enforcement Act of 2003; or

25  (6) a person, or any person who owns more than 15% of

26  the ownership interests in a person or a related party
    SB3019 Enrolled  - 628 - LRB104 20255 HLH 33706 b

1   who:

2         (A) owes, at the time of application, any

3   delinquent cigarette taxes that have been determined

4   by law to be due and unpaid under this Act or any other

5   tax Act administered by the Department, unless the

6   license applicant has entered into an agreement

7   approved by the Department to pay the amount due;

8         (B) had a license under this Act, the Cigarette

9   Use Tax Act, the Tobacco Products Tax Act of 1995, or

10  the Cigarette Machine Operator's Occupation Tax Act

11  revoked within the past 2 two years by the Department

12  for misconduct relating to stolen or contraband

13  cigarettes or has been convicted of a State or federal

14  crime, punishable by imprisonment of one year or more,

15  relating to stolen or contraband cigarettes;

16        (C) has been found by the Department, after notice

17  and a hearing, to have imported or caused to be

18  imported into the United States for sale or

19  distribution any cigarette in violation of 19 U.S.C.

20  1681a;

21        (D) has been found by the Department, after notice

22  and a hearing, to have imported or caused to be

23  imported into the United States for sale or

24  distribution or manufactured for sale or distribution

25  in the United States any cigarette that does not fully

26  comply with the Federal Cigarette Labeling and
    SB3019 Enrolled        - 629 - LRB104 20255 HLH 33706 b

1   Advertising Act (15 U.S.C. 1331, et seq.); or

2   (E) has been found by the Department, after notice

3   and a hearing, to have made a materially material

4   false statement in the application or has failed to

5   produce records required to be maintained by this Act.

6   The Department, upon receipt of an application and license

7 fee from a person who is eligible to receive a secondary

8 distributor's license under this Section Act, shall issue to

9 such applicant a license in such form as prescribed by the

10 Department. The license shall permit the applicant to which it

11 is issued to engage in business as a secondary distributor at

12 the place shown in the his application. All licenses issued by

13 the Department under this Section Act shall be valid for a

14 period not to exceed one year after issuance unless sooner

15 revoked, canceled, or suspended as provided in this Act.

16  No license issued under this Section Act is transferable

17 or assignable. Such license shall be conspicuously displayed

18 in the place of business conducted by the licensee in Illinois

19 under such license. No secondary distributor licensee acquires

20 any vested interest or compensable property right in a license

21 issued under this Act.

22  A licensed secondary distributor shall notify the

23 Department of any change in the information contained on the

24 application form, including any change in ownership, and shall

25 do so within 30 days after any such change.

26  Any person aggrieved by any decision of the Department
    SB3019 Enrolled   - 630 - LRB104 20255 HLH 33706 b

 1 under this Section may, within 30 20 days after notice of the
 2 decision, protest and request a hearing. Upon receiving a
 3 request for a hearing, the Department shall give notice to the
 4 person requesting the hearing of the time and place fixed for
 5 the hearing and shall hold a hearing in conformity with the
 6 provisions of this Act and then issue its final administrative
 7 decision in the matter to that person. In the absence of a
 8 protest and request for a hearing within 30 20 days, the
 9 Department's decision shall become final without any further
10 determination being made or notice given.
11 (Source: P.A. 100-286, eff. 1-1-18.)

12  (35 ILCS 130/4f)

13  Sec. 4f. Manufacturer representatives.

14  (a) No manufacturer may market cigarettes produced by the

15 manufacturer directly to retailers in this State issued a

16 license under Section 4g of this Act without first having

17 obtained authorization from the Department. Application for

18 authority to maintain representatives in this State to market

19 in this State cigarettes produced by the manufacturer shall be

20 made to the Department, by electronic means, in on a form

21 furnished and prescribed by the Department. Each applicant

22 under this Section shall furnish the following information to

23 the Department in on a form signed and verified by the

24 applicant under penalty of perjury, in an electronic format

25 established by the Department, the following:
    SB3019 Enrolled  - 631 - LRB104 20255 HLH 33706 b

1   (1) a statement that the applicant will fully comply

2   with the Tobacco Products Manufacturers' Escrow

3   Enforcement Act of 2003; and

4   (2) the following information:

5   (A) the name and address of the applicant;

6   (B) (2) the address of every location from which

7   the applicant proposes to engage in business in this

8   State;

9   (C) (3) the number of manufacturer representatives

10  the applicant requests to maintain in this State; and

11  (D) such (4) any other additional information as

12  the Department may reasonably require by its rule.

13  (a-5) The following manufacturers are ineligible to

14 receive authorization to maintain manufacturer representatives

15 in this State:

16  (1) a manufacturer who owes, at the time of

17  application, any delinquent cigarette taxes that have been

18  determined by law to be due and unpaid under this Act or

19  any other tax Act administered by the Department, unless

20  the applicant has entered into an agreement approved by

21  the Department to pay the amount due;

22  (2) a manufacturer who has had a license revoked

23  within the past 2 years for misconduct relating to stolen

24  or contraband cigarettes or has been convicted of a state

25  or federal crime, punishable by imprisonment of one year

26  or more, relating to stolen or contraband cigarettes;
    SB3019 Enrolled  - 632 - LRB104 20255 HLH 33706 b

1   (3) a manufacturer who manufactures cigarettes,

2   whether in this State or out of this State, and who is

3   neither (i) a participating manufacturer as defined in

4   subsection II(jj) of the "Master Settlement Agreement" as

5   defined in Sections 10 of the Tobacco Product

6   Manufacturers' Escrow Act and the Tobacco Products

7   Manufacturers' Escrow Enforcement Act of 2003; nor (ii) in

8   full compliance with Tobacco Product Manufacturers' Escrow

9   Act and the Tobacco Products Manufacturers' Escrow

10  Enforcement Act of 2003;

11  (3.5) a manufacturer who has been found, after notice

12  and a hearing, to have imported or caused to be imported

13  into the United States for sale or distribution any

14  cigarette in violation of 19 U.S.C. 1681a;

15  (4) a manufacturer who has been found, after notice

16  and a hearing, to have imported or caused to be imported

17  into the United States for sale or distribution or

18  manufactured for sale or distribution in the United States

19  any cigarette that does not fully comply with the Federal

20  Cigarette Labeling and Advertising Act (15 U.S.C. 1331, et

21  seq.);

22  (5) a manufacturer who has been found, after notice

23  and a hearing, to have made a materially material false

24  statement in an application or has failed to produce

25  records required to be maintained by this Act;

26  (6) a manufacturer who has been found, after notice
    SB3019 Enrolled   - 633 - LRB104 20255 HLH 33706 b

1   and hearing, to have violated any Section of this Act; or

2   (7) a manufacturer licensed as a distributor under

3   Section 4 of this Act or holding a permit under Section 4b

4   of this Act; or

5   (8) a manufacturer who has delinquent reports under

6   Section 25 of the Tobacco Products Manufacturers' Escrow

7   Enforcement Act of 2003.

8   The Department, upon receipt of an application from a

9 manufacturer who is eligible to maintain manufacturer

10 representatives in this State, shall notify the applicant in

11 writing, not more than 60 days after an application has been

12 received, that the applicant may or may not maintain the

13 requested number of manufacturer representatives in this

14 State. A copy of the notice authorizing a manufacturer to

15 maintain manufacturer representatives in this State shall be

16 available for inspection by the Department at each place of

17 business identified in the application and in the motor

18 vehicle operated by marketing representatives in the course of

19 performing their his or her duties in this State on behalf of

20 the manufacturer.

21  A manufacturer representative shall notify the Department

22 of any change in the information contained on the application

23 form and shall do so within 30 days after any such change.

24  (b) Only directors, officers, and employees of the

25 manufacturer may act as manufacturer representatives in this

26 State. The manufacturer shall provide to the Department the
    SB3019 Enrolled         - 634 - LRB104 20255 HLH 33706 b

1 names and addresses of the manufacturer representatives

2 operating in this State and the make, model, and license plate

3 number of each motor vehicle operated by a manufacturer

4 representative in the course of performing their his or her

5 duties in this State on behalf of the manufacturer. The

6 following individuals may not act as manufacturer

7 representatives:

8   (1) an individual who is not of good character and

9   reputation in the community in which the individual

10  resides; the Department may consider prior conviction of a

11  felony, but the conviction shall not operate as an

12  absolute bar to licensure;

13  (1.5) an individual who owes any delinquent cigarette

14  taxes that have been determined by law to be due and unpaid

15  under this Act or any other tax Act administered by the

16  Department, unless the individual has entered into an

17  agreement approved by the Department to pay the amount

18  due;

19  (2) an individual who has had a license under this

20  Act, the Cigarette Use Tax Act, the Tobacco Products Tax

21  Act of 1995, or the Cigarette Machine Operator's

22  Occupation Tax Act revoked within the past 2 years for

23  misconduct relating to stolen or contraband cigarettes or

24  has been convicted of a state or federal crime, punishable

25  by imprisonment of one year or more, relating to stolen or

26  contraband cigarettes;
   SB3019 Enrolled  - 635 - LRB104 20255 HLH 33706 b

1  (3) an individual who has been found, after notice and

2  a hearing, to have made a materially material false

3  statement in an application or has failed to produce

4  records required to be maintained by this Act; or

5  (4) an individual who has been found, after notice and

6  hearing, to have violated any Section of this Act.

7  (c) Manufacturer representatives may sell to retailers in

8 this State who are licensed under Section 4g of this Act only

9 original packages of cigarettes made, manufactured, or

10 fabricated by the manufacturer and purchased or obtained from

11 a distributor licensed under this Act, or the Cigarette Tax

12 Use Tax Act, and on which tax stamps have been affixed.

13 Manufacturer representatives may sell up to 600 stamped

14 original packages of cigarettes in a calendar year, for the

15 purpose of promoting the manufacturer's brands of cigarettes.

16 A manufacturer representative may not possess more than 500

17 stamped original packages of cigarettes made, manufactured, or

18 fabricated by the manufacturer and purchased or obtained from

19 a distributor licensed under this Act or the Cigarette Use Tax

20 Act. Any original packages of cigarettes in the possession of

21 a manufacturer representative that (i) are not made,

22 manufactured, or fabricated by the manufacturer and purchased

23 or obtained from a distributor licensed under this Act or the

24 Cigarette Use Tax Act, other than cigarettes for personal use

25 and consumption, (ii) exceed the maximum quantity of 500

26 original packages of cigarettes, excluding packages of
    SB3019 Enrolled  - 636 - LRB104 20255 HLH 33706 b

1 cigarettes for personal use and consumption; (iii) violate

2 Section 3-10 of this Act; or (iv) do not have the proper tax

3 stamps affixed, are contraband and subject to seizure and

4 forfeiture.

5   Manufacturer representatives may sell, on behalf of

6 licensed distributors, stamped original packages of cigarettes

7 to retailers who are licensed under Section 4g of this Act. The

8 manufacturer representative shall provide the distributor with

9 a signed receipt for the cigarettes obtained from the

10 distributor. The distributor shall invoice the licensed

11 retailer, and the licensed retailer shall pay the distributor

12 for all cigarettes provided to licensed retailers by

13 manufacturer representatives on behalf of a distributor.

14  Manufacturer representatives may sell stamped original

15 packages of cigarettes to licensed retailers that are

16 purchased from licensed distributors. Distributors shall

17 provide manufacturer representatives with invoices for stamped

18 original packages of cigarettes sold to manufacturer

19 representatives. Manufacturer representatives shall invoice

20 licensed retailers, and the licensed retailers shall pay the

21 manufacturer representatives for all original packages of

22 cigarettes sold to licensed retailers.

23  (d) Authorizations issued under this Section shall be

24 valid for a period not to exceed one year after issuance, and

25 may be renewed thereafter, unless sooner revoked, canceled, or

26 suspended as provided in this Act. There is no application fee
    SB3019 Enrolled   - 637 - LRB104 20255 HLH 33706 b

1 for the initial and renewal authorization under this Section.

2 Such authorization shall not be transferable or assignable. A

3 person does not acquire any vested interest or compensable

4 property right in an authorization issued under this Section.

5   Any person aggrieved by any decision of the Department

6 under this Section may, within 30 20 days after notice of the

7 decision, protest and request a hearing. Upon receiving a

8 request for a hearing, the Department shall give notice to the

9 person requesting the hearing of the time and place fixed for

10 the hearing and shall hold a hearing in conformity with the

11 provisions of this Act and then issue its final administrative

12 decision in the matter to that person. In the absence of a

13 protest and request for a hearing within 30 20 days, the

14 Department's decision shall become final without any further

15 determination being made or notice given.

16 (Source: P.A. 97-587, eff. 8-26-11; 98-1055, eff. 1-1-16.)

17  (35 ILCS 130/4g)

18  Sec. 4g. Retailer's license.

19  (a) Beginning on January 1, 2016, no person may engage in

20 business as a retailer of cigarettes in this State without

21 first having obtained a license from the Department.

22 Application for license shall be made to the Department, by

23 electronic means, in a form prescribed by the Department. Each

24 applicant for a license under this Section shall furnish to

25 the Department in a form signed and verified by the applicant
    SB3019 Enrolled             - 638 - LRB104 20255 HLH 33706 b

1 under penalty of perjury, in an electronic format established

2 by the Department, the following information:

3   (1) the name and address of the applicant;

4   (2) the address of the location at which the applicant

5   proposes to engage in business as a retailer of cigarettes

6   in this State; and

7   (3) such other additional information as the

8   Department may lawfully require by its rules and

9   regulations.

10  The annual license fee payable to the Department for each

11 retailer's license shall be $75. The fee shall be deposited

12 into the Tax Compliance and Administration Fund and shall be

13 for the cost of tobacco retail inspection and contraband

14 tobacco and tobacco smuggling with at least two-thirds of the

15 money being used for contraband tobacco and tobacco smuggling

16 operations and enforcement.

17  Each applicant for a license shall pay the fee to the

18 Department at the time of submitting its application for a

19 license to the Department. The Department shall require an

20 applicant for a license under this Section to electronically

21 file and pay the fee.

22  A separate annual license fee shall be paid for each place

23 of business at which a person who is required to procure a

24 retailer's license under this Section proposes to engage in

25 business as a retailer in Illinois under this Act.

26  (b) The following are ineligible to receive a retailer's
    SB3019 Enrolled  - 639 - LRB104 20255 HLH 33706 b

1 license under this Section Act:

2   (1) a person who has been convicted of a felony

3   related to the illegal transportation, sale, or

4   distribution of cigarettes, or a tobacco-related felony,

5   under any federal or State law, if the Department, after

6   investigation and consideration of any mitigating factors

7   and evidence of rehabilitation contained in the

8   applicant's record, including those provided in Section 4i

9   of the Act, and a hearing, if requested by the applicant,

10  determines that the person has not been sufficiently

11  rehabilitated to warrant the public trust; or

12  (2) a corporation, if any officer, manager, or

13  director thereof, or any stockholder or stockholders

14  owning in the aggregate more than 5% of the stock of such

15  corporation, would not be eligible to receive a license

16  under this Act for any reason; a limited liability

17  company, if any member or managing member would not be

18  eligible to receive a license under this Act for any

19  reason; a partnership, if any partner would not be

20  eligible to receive a license under this Act for any

21  reason.

22  The Department shall not issue a retailer's license to a

23 retailer unless the retailer is also registered under the

24 Retailers' Occupation Tax Act. A person who obtains a license

25 as a retailer who ceases to do business as specified in the

26 license, or who never commenced business, or whose license is
    SB3019 Enrolled        - 640 - LRB104 20255 HLH 33706 b

1 suspended or revoked, shall immediately surrender the license

2 to the Department.

3   (c) The Department, upon receipt of an application and

4 license fee, in proper form, from a person who is eligible to

5 receive a retailer's license under this Section Act, shall

6 issue to such applicant a license in form as prescribed by the

7 Department. That license shall permit the applicant to whom it

8 is issued to engage in business as a retailer under this Act at

9 the place shown in the his or her application. All licenses

10 issued by the Department under this Section shall be valid for

11 a period not to exceed one year after issuance unless sooner

12 revoked, canceled, or suspended as provided in this Act. No

13 license issued under this Section is transferable or

14 assignable. The license shall be conspicuously displayed in

15 the place of business conducted by the licensee in Illinois

16 under such license.

17  A licensed retailer shall notify the Department of any

18 change in the information contained on the application form,

19 including any change in ownership and shall do so within 30

20 days after the change.

21  The Department shall not issue a retailer's license to a

22 retailer unless the retailer is also registered under the

23 Retailers' Occupation Tax Act. A person who obtains a license

24 as a retailer who ceases to do business as specified in the

25 license, or who never commenced business, or whose license is

26 suspended or revoked, shall immediately surrender the license
    SB3019 Enrolled   - 641 - LRB104 20255 HLH 33706 b

1 to the Department.

2   Any person aggrieved by any decision of the Department

3 under this Section may, within 30 days after notice of the

4 decision, protest and request a hearing. Upon receiving a

5 request for a hearing, the Department shall give written

6 notice to the person requesting the hearing of the time and

7 place fixed for the hearing and shall hold a hearing in

8 conformity with the provisions of this Act and then issue its

9 final administrative decision in the matter to that person. In

10 the absence of a protest and request for a hearing within 30

11 days, the Department's decision shall become final without any

12 further determination being made or notice given.

13 (Source: P.A. 98-1055, eff. 1-1-16; 99-78, 7-20-15; 99-192,

14 eff. 1-1-16.)

15  (35 ILCS 130/4i)

16  Sec. 4i. Applicant convictions.

17  (a) The Department shall not require applicants to report

18 the following information and shall not consider the following

19 criminal history records in connection with an application for

20 a license or permit under this Act:

21  (1) Juvenile adjudications of delinquent minors as

22  defined in Section 5-105 of the Juvenile Court Act of

23  1987, subject to the restrictions set forth in Section

24  5-130 of the Juvenile Court Act of 1987.

25  (2) Law enforcement records, court records, and
    SB3019 Enrolled           - 642 - LRB104 20255 HLH 33706 b

1   conviction records of an individual who was 17 years old

2   at the time of the offense and before January 1, 2014,

3   unless the nature of the offense required the individual

4   to be tried as an adult.

5   (3) Records of arrest not followed by a conviction.

6   (4) Convictions overturned by a higher court.

7   (5) Convictions or arrests that have been sealed or

8   expunged.

9   (b) The Department, upon a finding that an applicant for a

10 license or permit was previously convicted of a felony under

11 any federal or State law, shall consider any mitigating

12 factors and evidence of rehabilitation contained in the

13 applicant's record, including any of the following factors and

14 evidence, to determine if the applicant has been sufficiently

15 rehabilitated and whether a prior conviction will impair the

16 ability of the applicant to engage in the position for which a

17 license or permit is sought:

18  (1) the lack of direct relation of the offense for

19  which the applicant was previously convicted to the

20  duties, functions, and responsibilities of the position

21  for which a license or permit is sought;

22  (2) whether 5 years since a felony conviction or 3

23  years since release from confinement for the conviction,

24  whichever is later, have passed without a subsequent

25  conviction;

26  (3) if the applicant was previously licensed or
    SB3019 Enrolled          - 643 - LRB104 20255 HLH 33706 b

1   employed in this State or other states or jurisdictions,

2   then the lack of prior misconduct arising from or related

3   to the licensed position or position of employment;

4   (4) the age of the person at the time of the criminal

5   offense;

6   (5) successful completion of sentence and, for

7   applicants serving a term of parole or probation, a

8   progress report provided by the applicant's probation or

9   parole officer that documents the applicant's compliance

10  with conditions of supervision;

11  (6) evidence of the applicant's present fitness and

12  professional character;

13  (7) evidence of rehabilitation or rehabilitative

14  effort during or after incarceration, or during or after a

15  term of supervision, including, but not limited to, a

16  certificate of good conduct under Section 5-5.5-25 of the

17  Unified Code of Corrections or a certificate of relief

18  from disabilities under Section 5-5.5-10 of the Unified

19  Code of Corrections; and

20  (8) any other mitigating factors that contribute to

21  the person's potential and current ability to perform the

22  duties and responsibilities of the position for which a

23  license, permit or employment is sought.

24  (c) If the Department refuses to issue a license or permit

25 to an applicant, then the Department shall notify the

26 applicant of the denial in writing with the following included
    SB3019 Enrolled         - 644 - LRB104 20255 HLH 33706 b

1 in the notice of denial:

2   (1) a statement about the decision to refuse to issue

3   a license or permit;

4   (2) a list of the convictions that the Department

5   determined will impair the applicant's ability to engage

6   in the position for which a license or permit is sought;

7   (3) a list of convictions that formed the sole or

8   partial basis for the refusal to issue a license or

9   permit; and

10  (4) (blank). a summary of the appeal process or the

11  earliest the applicant may reapply for a license,

12  whichever is applicable.

13  (d) No later than May 1 of each year, the Department must

14 prepare, publicly announce, and publish a report of summary

15 statistical information relating to new and renewal license or

16 permit applications during the preceding calendar year. Each

17 report shall show, at a minimum:

18  (1) the number of applicants for a new or renewal

19  license or permit under this Act within the previous

20  calendar year;

21  (2) the number of applicants for a new or renewal

22  license or permit under this Act within the previous

23  calendar year who had any criminal conviction;

24  (3) the number of applicants for a new or renewal

25  license or permit under this Act in the previous calendar

26  year who were granted a license or permit;
    SB3019 Enrolled          - 645 - LRB104 20255 HLH 33706 b

1       (4) the number of applicants for a new or renewal

2   license or permit with a criminal conviction who were

3   granted a license or permit under this Act within the

4   previous calendar year;

5       (5) the number of applicants for a new or renewal

6   license or permit under this Act within the previous

7   calendar year who were denied a license or permit; and

8       (6) the number of applicants for a new or renewal

9   license or permit with a criminal conviction who were

10  denied a license or permit under this Act in the previous

11  calendar year in whole or in part because of a prior

12  conviction.

13 (Source: P.A. 100-286, eff. 1-1-18.)

14  (35 ILCS 130/6) (from Ch. 120, par. 453.6)

15  Sec. 6. Revocation, cancellation, or suspension of

16 license.

17  (a) The Department may, after notice and hearing as

18 provided for by this Act, revoke, cancel or suspend the

19 license of any distributor, secondary distributor, or

20 retailer:

21      (1) for the violation of any provision of this Act, or

22  for noncompliance with any provision herein contained, or

23  for any noncompliance with any lawful rule or regulation

24  promulgated by the Department under Section 8 of this Act,

25  or
    SB3019 Enrolled  - 646 - LRB104 20255 HLH 33706 b

1   (2) because the licensee is determined to be

2   ineligible for a distributor's license for any one or more

3   of the reasons provided for in Section 4 of this Act, or

4   (3) because the licensee is determined to be

5   ineligible for a secondary distributor's license for any

6   one or more of the reasons provided for in Section 4c of

7   this Act, or

8   (4) because the licensee is determined to be

9   ineligible for a retailer's license for any one or more of

10  the reasons provided for in Section 4g of this Act.

11  However, no such license shall be revoked, cancelled or

12 suspended, except after a hearing by the Department with

13 notice to the distributor, secondary distributor, or retailer,

14 as aforesaid, and affording such distributor, secondary

15 distributor, or retailer a reasonable opportunity to appear

16 and defend, and any distributor, secondary distributor, or

17 retailer aggrieved by any decision of the Department with

18 respect thereto may have the determination of the Department

19 judicially reviewed, as herein provided.

20  (b) The Department may revoke, cancel, or suspend the

21 license of any distributor for a violation of the Tobacco

22 Products Manufacturers' Escrow Enforcement Act of 2003 as

23 provided in Section 30 of that Act. The Department may revoke,

24 cancel, or suspend the license of any secondary distributor

25 for a violation of subsection (e) of Section 15 of the Tobacco

26 Products Manufacturers' Escrow Enforcement Act of 2003.
    SB3019 Enrolled        - 647 - LRB104 20255 HLH 33706 b

1   (c) If the retailer has a training program that

2 facilitates compliance with minimum-age tobacco laws, the

3 Department shall suspend for 3 days the license of that

4 retailer for a fourth or subsequent violation of the

5 Prevention of Tobacco Use by Persons under 21 Years of Age and

6 Sale and Distribution of Tobacco Products Act, as provided in

7 subsection (a) of Section 2 of that Act. For the purposes of

8 this Section, any violation of subsection (a) of Section 2 of

9 the Prevention of Tobacco Use by Persons under 21 Years of Age

10 and Sale and Distribution of Tobacco Products Act occurring at

11 the retailer's licensed location during a 24-month period

12 shall be counted as a violation against the retailer.

13  (d) If the retailer does not have a training program that

14 facilitates compliance with minimum-age tobacco laws, the

15 Department shall suspend for 3 days the license of that

16 retailer for a second violation of the Prevention of Tobacco

17 Use by Persons under 21 Years of Age and Sale and Distribution

18 of Tobacco Products Act, as provided in subsection (a-5) of

19 Section 2 of that Act.

20  If the retailer does not have a training program that

21 facilitates compliance with minimum-age tobacco laws, the

22 Department shall suspend for 7 days the license of that

23 retailer for a third violation of the Prevention of Tobacco

24 Use by Persons under 21 Years of Age and Sale and Distribution

25 of Tobacco Products Act, as provided in subsection (a-5) of

26 Section 2 of that Act.
    SB3019 Enrolled  - 648 - LRB104 20255 HLH 33706 b

1   If the retailer does not have a training program that

2 facilitates compliance with minimum-age tobacco laws, the

3 Department shall suspend for 30 days the license of a retailer

4 for a fourth or subsequent violation of the Prevention of

5 Tobacco Use by Persons under 21 Years of Age and Sale and

6 Distribution of Tobacco Products Act, as provided in

7 subsection (a-5) of Section 2 of that Act.

8   A training program that facilitates compliance with

9 minimum-age tobacco laws must include at least the following

10 elements: (i) it must explain that only individuals displaying

11 valid identification demonstrating that they are 21 years of

12 age or older shall be eligible to purchase cigarettes or

13 tobacco products and (ii) it must explain where a clerk can

14 check identification for a date of birth. The training may be

15 conducted electronically. Each retailer that has a training

16 program shall require each employee who completes the training

17 program to sign a form attesting that the employee has

18 received and completed tobacco training. The form shall be

19 kept in the employee's file and may be used to provide proof of

20 training.

21  (e) Any distributor, secondary distributor, or retailer

22 aggrieved by any decision of the Department under this Section

23 may, within 30 20 days after notice of the decision, protest

24 and request a hearing. Upon receiving a request for a hearing,

25 the Department shall give notice in writing to the

26 distributor, secondary distributor, or retailer requesting the
    SB3019 Enrolled             - 649 - LRB104 20255 HLH 33706 b

1 hearing that contains a statement of the charges preferred

2 against the distributor, secondary distributor, or retailer

3 and that states the time and place fixed for the hearing. The

4 Department shall hold the hearing in conformity with the

5 provisions of this Act and then issue its final administrative

6 decision in the matter to the distributor, secondary

7 distributor, or retailer. In the absence of a protest and

8 request for a hearing within 30 20 days, the Department's

9 decision shall become final without any further determination

10 being made or notice given.

11  (f) No license so revoked, as aforesaid, shall be reissued

12 to any such distributor, secondary distributor, or retailer

13 within a period of 6 months after the date of the final

14 determination of such revocation. No such license shall be

15 reissued at all so long as the person who would receive the

16 license is ineligible to receive a distributor's license under

17 this Act for any one or more of the reasons provided for in

18 Section 4 of this Act, is ineligible to receive a secondary

19 distributor's license under this Act for any one or more of the

20 reasons provided for in Section 4c of this Act, or is

21 determined to be ineligible for a retailer's license under the

22 Act for any one or more of the reasons provided for in Section

23 4g of this Act.

24  The Department upon complaint filed in the circuit court

25 may by injunction restrain any person who fails, or refuses,

26 to comply with any of the provisions of this Act from acting as
    SB3019 Enrolled  - 650 - LRB104 20255 HLH 33706 b

1 a distributor, secondary distributor, or retailer of
2 cigarettes in this State.
3 (Source: P.A. 104-6, eff. 6-16-25.)

4   (35 ILCS 130/21) (from Ch. 120, par. 453.21)

5   Sec. 21. Destruction or use of forfeited property.

6   (a) When any original packages of cigarettes or any

7 cigarette vending device shall have been declared forfeited to

8 the State by the Department, as provided in Section 18a of this

9 Act, and when all proceedings for the judicial review of the

10 Department's decision have terminated, the Department shall,

11 to the extent that its decision is sustained on review,

12 destroy or maintain and use such property in an undercover

13 capacity.

14  (b) The Department may, prior to any destruction of

15 cigarettes, permit the true holder of the trademark rights in

16 the cigarette brand to inspect such contraband cigarettes in

17 order to assist the Department in any investigation regarding

18 such cigarettes.

19  (c) The cost of destruction shall be assessed against the

20 owner or the person in possession of the forfeited property.

21 That cost shall be assessed regardless of whether the

22 forfeiture is determined by hearing or waiver.

23  (d) Any person aggrieved by any decision of the Department

24 under this Section may, within 30 days after notice of the

25 decision, protest and request a hearing. Upon receiving a
    SB3019 Enrolled        - 651 - LRB104 20255 HLH 33706 b

 1 written request for a hearing, the Department shall give
 2 notice to the person requesting the hearing of the time and
 3 place fixed for the hearing and shall hold a hearing in
 4 conformity with the provisions of this Act and then issue its
 5 final administrative decision in the matter to that person. In
 6 the absence of a protest and request for a hearing within 30
 7 days, the Department's decision shall become final without any
 8 further determination being made or notice given. If a hearing
 9 has already been set pursuant to Section 18a or Section 6 of
10 this Act, all issues related to the cost of destruction shall
11 be heard simultaneously.
12 (Source: P.A. 94-776, eff. 5-19-06; 95-1053, eff. 1-1-10.)

13  (35 ILCS 130/9c rep.)

14  Section 80-15. The Cigarette Tax Act is amended by

15 repealing Section 9c.

16  Section 80-20. The Cigarette Use Tax Act is amended by

17 changing Sections 4, 4b, 6, 7, 7a, and 27 as follows:

18  (35 ILCS 135/4) (from Ch. 120, par. 453.34)

19  Sec. 4. Distributor's license.

20  (a) A distributor maintaining a place of business in this

21 State, if required to procure a license or allowed to obtain a

22 permit as a distributor under the Cigarette Tax Act, need not

23 obtain an additional license or permit under this Section Act,
    SB3019 Enrolled   - 652 - LRB104 20255 HLH 33706 b

1 but shall be deemed to be sufficiently licensed or registered

2 by virtue of his being licensed or registered under the

3 Cigarette Tax Act.

4   Every distributor maintaining a place of business in this

5 State, if not required to procure a license or allowed to

6 obtain a permit as a distributor under the Cigarette Tax Act,

7 shall make an a verified application to the Department, by

8 electronic means, in (upon a form prescribed and furnished by

9 the Department) for a license to act as a distributor under

10 this Section. Each applicant for a license under this Section

11 shall furnish to the Department in a form signed and verified

12 by the applicant under penalty of perjury, in an electronic

13 format established by the Department, the following: Act. In

14 completing such application, the applicant shall furnish such

15 information as the Department may reasonably require

16  (1) a statement that the applicant will fully comply

17  with the Tobacco Products Manufacturers' Escrow

18  Enforcement Act of 2003; and

19  (2) the following information:

20  (A) the name and address of the applicant;

21  (B) the address of the location at which the

22  applicant proposes to engage in business as a

23  distributor of cigarettes in this State; and

24  (C) such other additional information as the

25  Department may reasonably require by its rules.

26  The annual license fee payable to the Department for the
    SB3019 Enrolled  - 653 - LRB104 20255 HLH 33706 b

1 initial and each renewal distributor's license shall be $250.

2 The purpose of such initial and renewal annual license fees

3 fee is to defray the cost, to the Department, of serializing

4 cigarette tax stamps. The applicant for license shall pay such

5 fee to the Department at the time of submitting the

6 application for license to the Department.

7   Through June 30, 2027, suchSuch applicant shall file, with

8 the his application, a joint and several bond. Such bond shall

9 be executed to the Department of Revenue, with good and

10 sufficient surety or sureties residing or licensed to do

11 business within the State of Illinois, in the amount of

12 $2,500, conditioned upon the true and faithful compliance by

13 the licensee with all of the provisions of this Act. Such bond,

14 or a reissue thereof, or a substitute therefor, shall be kept

15 in effect during the entire period covered by the license.

16 Beginning July 1, 2027, applicants are no longer required to

17 file a bond with their application. The Department shall

18 discharge any surety and shall release and return any bond

19 provided to it by a taxpayer under this Section within 90 days

20 after July 1, 2027, provided that the taxpayer is not

21 delinquent or deficient in the payment of tax liability.

22  A separate application for license shall be made and , a

23 separate annual license fee paid, and a separate bond filed,

24 for each place of business at or from which the applicant

25 proposes to act as a distributor under this Section Act and for

26 which the applicant is not required to procure a license or
    SB3019 Enrolled   - 654 - LRB104 20255 HLH 33706 b

1 allowed to obtain a permit as a distributor under the

2 Cigarette Tax Act.

3   (b) The following are ineligible to receive a

4 distributor's license under this Section Act:

5   (1) a person who is not of good character and

6   reputation in the community in which the person he

7   resides; the Department may consider prior conviction of a

8   felony, but, except as provided in paragraph (2), the

9   conviction shall not operate as an absolute bar to

10  licensure;

11  (2) a person who has been convicted of a felony under

12  any federal Federal or State law, if the Department, after

13  investigation and consideration of any mitigating factors

14  and evidence of rehabilitation contained in the

15  applicant's record, including those provided in Section 4i

16  of the Cigarette Tax Act, and a hearing, if requested by

17  the applicant, determines that such person has not been

18  sufficiently rehabilitated to warrant the public trust and

19  the conviction will impair the ability of the person to

20  engage in the position for which a license is sought;

21  (3) a corporation, if any officer, manager, or

22  director thereof, or any stockholder or stockholders

23  owning in the aggregate more than 5% of the stock of such

24  corporation, would not be eligible to receive a license

25  hereunder for any reason;

26  (4) a person who has delinquent reports under Section
    SB3019 Enrolled     - 655 - LRB104 20255 HLH 33706 b

1   25 of the Tobacco Products Manufacturers' Escrow

2   Enforcement Act of 2003; or

3   (5) a person, or any person who owns more than 15% 15

4   percent of the ownership interests in a person or a

5   related party who:

6   (A) (a) owes, at the time of application, any

7   delinquent cigarette taxes that have been determined

8   by law to be due and unpaid under this Act or any other

9   tax Act administered by the Department, unless the

10  license applicant has entered into an agreement

11  approved by the Department to pay the amount due;

12  (B) (b) had a license under this Act, the

13  Cigarette Tax Act, the Tobacco Products Tax Act of

14  1995, or the Cigarette Machine Operator's Occupation

15  Tax Act revoked within the past 2 years by the

16  Department for misconduct relating to stolen or

17  contraband cigarettes or has been convicted of a State

18  or federal crime, punishable by imprisonment of one

19  year or more, relating to stolen or contraband

20  cigarettes;

21  (C) (c) manufactures cigarettes, whether in this

22  State or out of this State, and who is neither (i) a

23  participating manufacturer as defined in subsection

24  II(jj) of the "Master Settlement Agreement" as defined

25  in Sections 10 of the Tobacco Product Products

26  Manufacturers' Escrow Act and the Tobacco Products
    SB3019 Enrolled  - 656 - LRB104 20255 HLH 33706 b

1   Manufacturers' Escrow Enforcement Act of 2003 (30 ILCS

2   168/10 and 30 ILCS 167/10); nor (ii) in full

3   compliance with Tobacco Product Products

4   Manufacturers' Escrow Act and the Tobacco Products

5   Manufacturers' Escrow Enforcement Act of 2003 (30 ILCS

6   168/ and 30 ILCS 167/);

7   (D) (d) has been found by the Department, after

8   notice and a hearing, to have imported or caused to be

9   imported into the United States for sale or

10  distribution any cigarette in violation of 19 U.S.C.

11  1681a;

12  (E) (e) has been found by the Department, after

13  notice and a hearing, to have imported or caused to be

14  imported into the United States for sale or

15  distribution or manufactured for sale or distribution

16  in the United States any cigarette that does not fully

17  comply with the Federal Cigarette Labeling and

18  Advertising Act (15 U.S.C. 1331, et seq.); or

19  (F) (f) has been found by the Department, after

20  notice and a hearing, to have made a materially

21  material false statement in the application or has

22  failed to produce records required to be maintained by

23  this Act.

24  (c) Upon receipt approval of an such application and bond

25 and payment of the required annual license fee from a person

26 who is eligible to receive a distributor's license under this
    SB3019 Enrolled             - 657 - LRB104 20255 HLH 33706 b

1 Section, , the Department shall issue a license to the

2 applicant. Such license shall permit the applicant to engage

3 in business as a distributor at or from the place shown in the

4 his application. All licenses issued by the Department under

5 this Section Act shall be valid for a period not to exceed one

6 year after issuance unless sooner revoked, canceled, or

7 suspended as in this Act provided. No license issued under

8 this Section Act is transferable or assignable. Such license

9 shall be conspicuously displayed at the place of business for

10 which it is issued.

11  No distributor licensee acquires any vested interest or

12 compensable property right in a license issued under this

13 Section Act.

14  A licensed distributor shall notify the Department of any

15 change in the information contained on the application form,

16 including any change in ownership, and shall do so within 30

17 days after any such change.

18  Any person aggrieved by any decision of the Department

19 under this Section may, within 30 20 days after notice of the

20 decision, protest and request a hearing. Upon receiving a

21 request for a hearing, the Department shall give notice to the

22 person requesting the hearing of the time and place fixed for

23 the hearing and shall hold a hearing in conformity with the

24 provisions of this Act and then issue its final administrative

25 decision in the matter to that person. In the absence of a

26 protest and request for a hearing within 30 20 days, the
    SB3019 Enrolled   - 658 - LRB104 20255 HLH 33706 b

1 Department's decision shall become final without any further
2 determination being made or notice given.
3 (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)

4   (35 ILCS 135/4b)

5   Sec. 4b. Secondary distributor's license.

6   (a) No person may engage in business as a secondary

7 distributor of cigarettes in this State without first having

8 obtained a license therefor from the Department. A secondary

9 distributor maintaining a place of business within this State,

10 if required to procure a license as a secondary distributor

11 under the Cigarette Tax Act, need not obtain an additional

12 license or permit under this Section Act, but shall be deemed

13 to be sufficiently licensed or registered by virtue of his

14 being licensed or registered under the Cigarette Tax Act.

15  Every secondary distributor maintaining a place of

16 business in this State, if not required to procure a license

17 under the Cigarette Tax Act, shall make application for a

18 license, by electronic means, in on a form as furnished and

19 prescribed by the Department. Such applicant shall furnish the

20 following information to the Department in on a form signed

21 and verified by the applicant under penalty of perjury, in an

22 electronic format established by the Department, the

23 following:

24  (1) a statement that the applicant will fully comply

25  with the Tobacco Products Manufacturers' Escrow
    SB3019 Enrolled            - 659 - LRB104 20255 HLH 33706 b

1   Enforcement Act of 2003; and

2   (2) the following information:

3   (A) the name and address of the applicant;

4   (B) (2) the address of the location at which the

5   applicant proposes to engage in business as a

6   secondary distributor of cigarettes in this State; and

7   (C) (3) such other additional information as the

8   Department may reasonably require by its rules.

9   The annual license fee payable to the Department for the

10 initial and each renewal secondary distributor's license shall

11 be $250. The applicant for license shall pay such fee to the

12 Department at the time of submitting the application for

13 license to the Department.

14  A separate application for license shall be made and a

15 separate annual license fee paid, for each place of business

16 at or from which the applicant proposes to act as a secondary

17 distributor under this Section Act and for which the applicant

18 is not required to procure a license as a secondary

19 distributor under the Cigarette Tax Act.

20  (b) The following are ineligible to receive a secondary

21 distributor's license under this Section Act:

22  (1) a person who is not of good character and

23  reputation in the community in which the person he

24  resides; the Department may consider prior conviction of a

25  felony, but, except as provided in paragraph (2), the

26  conviction shall not operate as an absolute bar to
    SB3019 Enrolled  - 660 - LRB104 20255 HLH 33706 b

1   licensure;

2   (2) a person who has been convicted of a felony under

3   any federal Federal or State law, if the Department, after

4   investigation and consideration of any mitigating factors

5   and evidence of rehabilitation contained in the

6   applicant's record, including those in Section 4i of the

7   Cigarette Tax Act, and a hearing, if requested by the

8   applicant, determines that such person has not been

9   sufficiently rehabilitated to warrant the public trust and

10  the conviction will impair the ability of the person to

11  engage in the position for which a license is sought;

12  (3) a corporation, if any officer, manager, or

13  director thereof, or any stockholder or stockholders

14  owning in the aggregate more than 5% of the stock of such

15  corporation, would not be eligible to receive a license

16  under this Act hereunder for any reason;

17  (4) a person who manufactures cigarettes, whether in

18  this State or out of this State, and who is neither (i) a

19  participating manufacturer as defined in subsection II(jj)

20  of the "Master Settlement Agreement" as defined in

21  Sections 10 of the Tobacco Product Manufacturers' Escrow

22  Act and the Tobacco Products Manufacturers' Escrow

23  Enforcement Act of 2003; nor (ii) in full compliance with

24  Tobacco Product Manufacturers' Escrow Act and the Tobacco

25  Products Manufacturers' Escrow Enforcement Act of 2003;

26  (5) a person who has delinquent reports under Section
    SB3019 Enrolled     - 661 - LRB104 20255 HLH 33706 b

1   25 of the Tobacco Products Manufacturers' Escrow

2   Enforcement Act of 2003; or

3   (6) a person, or any person who owns more than 15% 15

4   percent of the ownership interests in a person or a

5   related party who:

6   (A) owes, at the time of application, any

7   delinquent cigarette taxes that have been determined

8   by law to be due and unpaid under this Act or any other

9   tax Act administered by the Department, unless the

10  license applicant has entered into an agreement

11  approved by the Department to pay the amount due;

12  (B) had a license under this Act, or the Cigarette

13  Tax Act, the Tobacco Products Tax Act of 1995, or the

14  Cigarette Machine Operator's Occupation Tax Act

15  revoked within the past 2 years by the Department for

16  misconduct relating to stolen or contraband cigarettes

17  or has been convicted of a State or federal crime,

18  punishable by imprisonment of one year or more,

19  relating to stolen or contraband cigarettes;

20  (C) has been found by the Department, after notice

21  and a hearing, to have imported or caused to be

22  imported into the United States for sale or

23  distribution any cigarette in violation of 19 U.S.C.

24  1681a;

25  (D) has been found by the Department, after notice

26  and a hearing, to have imported or caused to be
    SB3019 Enrolled         - 662 - LRB104 20255 HLH 33706 b

1   imported into the United States for sale or

2   distribution or manufactured for sale or distribution

3   in the United States any cigarette that does not fully

4   comply with the Federal Cigarette Labeling and

5   Advertising Act (15 U.S.C. 1331, et seq.); or

6              (E) has been found by the Department, after notice

7   and a hearing, to have made a materially material

8   false statement in the application or has failed to

9   produce records required to be maintained by this Act.

10  (c) The Department, upon receipt of an Upon approval of

11 such application and payment of the required annual license

12 fee, from a person who is eligible to receive a secondary

13 distributor's license under this Section, the Department shall

14 issue a license to the applicant. Such license shall permit

15 the applicant to engage in business as a secondary distributor

16 at or from the place shown in the his application. All licenses

17 issued by the Department under this Section Act shall be valid

18 for a period not to exceed one year after issuance unless

19 sooner revoked, canceled or suspended as provided in this Act

20 provided. No license issued under this Section Act is

21 transferable or assignable. Such license shall be

22 conspicuously displayed at the place of business for which it

23 is issued.

24  No secondary distributor licensee acquires any vested

25 interest or compensable property right in a license issued

26 under this Section Act.
    SB3019 Enrolled  - 663 - LRB104 20255 HLH 33706 b

1   A licensed secondary distributor shall notify the

2 Department of any change in the information contained on the

3 application form, including any change in ownership, and shall

4 do so within 30 days after any such change.

5   Any person aggrieved by any decision of the Department

6 under this Section may, within 30 20 days after notice of the

7 decision, protest and request a hearing. Upon receiving a

8 request for a hearing, the Department shall give notice to the

9 person requesting the hearing of the time and place fixed for

10 the hearing and shall hold a hearing in conformity with the

11 provisions of this Act and then issue its final administrative

12 decision in the matter to that person. In the absence of a

13 protest and request for a hearing within 30 20 days, the

14 Department's decision shall become final without any further

15 determination being made or notice given.

16 (Source: P.A. 96-1027, eff. 7-12-10.)

17  (35 ILCS 135/6) (from Ch. 120, par. 453.36)

18  Sec. 6. Revocation, cancellation, or suspension of

19 license.

20  (a) The Department may, after notice and hearing as

21 provided for by this Act, revoke, cancel or suspend the

22 license of any distributor or secondary distributor for the

23 violation of any provision of this Act, or for non-compliance

24 with any provision herein contained, or for any non-compliance

25 with any lawful rule or regulation promulgated by the
    SB3019 Enrolled     - 664 - LRB104 20255 HLH 33706 b

1 Department under Section 21 of this Act, or because the

2 licensee is determined to be ineligible for a distributor's

3 license for any one or more of the reasons provided for in

4 Section 4 of this Act, or because the licensee is determined to

5 be ineligible for a secondary distributor's license for any

6 one or more of the reasons provided for in Section 4b or

7 Section 7a of this Act. However, no such license shall be

8 revoked, canceled or suspended, except after a hearing by the

9 Department with notice to the distributor or secondary

10 distributor, as aforesaid, and affording such distributor or

11 secondary distributor a reasonable opportunity to appear and

12 defend, and any distributor or secondary distributor aggrieved

13 by any decision of the Department with respect thereto may

14 have the determination of the Department judicially reviewed,

15 as herein provided.

16  (b) The Department may revoke, cancel, or suspend the

17 license of any distributor for a violation of the Tobacco

18 Products Manufacturers' Escrow Enforcement Act of 2003 as

19 provided in Section 30 of that Act. The Department may revoke,

20 cancel, or suspend the license of any secondary distributor

21 for a violation of subsection (e) of Section 15 of the Tobacco

22 Products Manufacturers' Escrow Enforcement Act of 2003.

23  (c) Any distributor or secondary distributor aggrieved by

24 any decision of the Department under this Section may, within

25 30 20 days after notice of the decision, protest and request a

26 hearing. Upon receiving a request for a hearing, the
    SB3019 Enrolled             - 665 - LRB104 20255 HLH 33706 b

1 Department shall give notice in writing to the distributor or

2 secondary distributor requesting the hearing that contains a

3 statement of the charges preferred against the distributor or

4 secondary distributor and that states the time and place fixed

5 for the hearing. The Department shall hold the hearing in

6 conformity with the provisions of this Act and then issue its

7 final administrative decision in the matter to the distributor

8 or secondary distributor. In the absence of a protest and

9 request for a hearing within 30 20 days, the Department's

10 decision shall become final without any further determination

11 being made or notice given.

12  No license so revoked, shall be reissued to any such

13 distributor or secondary distributor within a period of 6

14 months after the date of the final determination of such

15 revocation. No such license shall be reissued at all so long as

16 the person who would receive the license is ineligible to

17 receive a distributor's license under this Act for any one or

18 more of the reasons provided for in Section 4 of this Act or is

19 ineligible to receive a secondary distributor's license under

20 this Act for any one or more of the reasons provided for in

21 Section 4b and Section 7a of this Act.

22  The Department upon complaint filed in the circuit court

23 may by injunction restrain any person who fails, or refuses,

24 to comply with this Act from acting as a distributor or

25 secondary distributor of cigarettes in this State.

26 (Source: P.A. 104-6, eff. 6-16-25.)
    SB3019 Enrolled            - 666 - LRB104 20255 HLH 33706 b

1   (35 ILCS 135/7) (from Ch. 120, par. 453.37)

2   Sec. 7. Distributor's permits.

3   (a) Cigarettes in original packages contained inside a

4 sealed transparent wrapper.

5   (1) The Department may, in its discretion, upon

6   application, issue permits authorizing the collection of

7   the tax herein imposed by those out-of-State cigarette

8   manufacturers who are not required to be licensed as

9   distributors of cigarettes in this State, but who elect to

10  qualify under this subsection Act as distributors of

11  cigarettes in this State, and who, to the satisfaction of

12  the Department, furnish adequate security to insure

13  collection and payment of the tax, provided that any such

14  permit shall extend only to cigarettes which such

15  permittee manufacturer places in original packages that

16  are contained inside a sealed transparent wrapper, and

17  provided that no such permit shall be issued under this

18  subsection Act to such a manufacturer who has obtained the

19  permit provided for in Section 4b(a) of the Cigarette Tax

20  Act. Application for a permit shall be made to the

21  Department, by electronic means, in a form prescribed by

22  the Department. Each applicant for a permit under this

23  subsection shall furnish to the Department in a form

24  signed and verified by the applicant under penalty of

25  perjury, in an electronic format established by the
    SB3019 Enrolled             - 667 - LRB104 20255 HLH 33706 b

1   Department, the following: Such distributor shall be

2   issued, without charge, a permit to collect such tax in

3   such manner, and subject to such reasonable regulations

4   and agreements as the Department shall prescribe

5   (A) a statement that the applicant will fully

6   comply with the Tobacco Products Manufacturers' Escrow

7   Enforcement Act of 2003; and

8   (B) the following information:

9                    (i) the name and address of the applicant;

10                   (ii) the address of the location at which the

11  applicant proposes to engage in business; and

12                   (iii) such other additional information as the

13  Department may reasonably require by its rules.

14  When so authorized, it shall be the duty of such

15 distributor to collect the tax upon all cigarettes which the

16 distributor he delivers (or causes to be delivered) within

17 this State to licensed distributors, in the same manner and

18 subject to the same requirements as a distributor maintaining

19 a place of business within this State. Such permit shall be in

20 such form as the Department may prescribe and shall not be

21 transferable or assignable.

22  (2) The following are ineligible to receive a

23  distributor's permit under this subsection Act:

24  (A) (1) a person who is not of good character and

25  reputation in the community in which the person he

26  resides; the Department may consider prior conviction
    SB3019 Enrolled  - 668 - LRB104 20255 HLH 33706 b

1   of a felony, but, except as provided in paragraph (B),

2   the conviction shall not operate as an absolute bar to

3   licensure;

4   (B) (2) a person who has been convicted of a felony

5   under any federal Federal or State law, if the

6   Department, after investigation and consideration of

7   any mitigating factors and evidence of rehabilitation

8   contained in the applicant's record, including those

9   provided in Section 4i of the Cigarette Tax Act, and a

10  hearing, if requested by the applicant, determines

11  that such person has not been sufficiently

12  rehabilitated to warrant the public trust and the

13  conviction will impair the ability of the person to

14  engage in the position for which a license is sought;

15  (C) (3) a corporation, if any officer, manager or

16  director thereof, or any stockholder or stockholders

17  owning in the aggregate more than 5% of the stock of

18  such corporation, would not be eligible to receive a

19  permit under this Act for any reason;

20  (D) a person who has delinquent reports under

21  Section 25 of the Tobacco Products Manufacturers'

22  Escrow Enforcement Act of 2003; or

23  (E) a person, or any person who owns more than 15%

24  of the ownership interests in a person or a related

25  party who:

26                   (i) owes, at the time of application, any
    SB3019 Enrolled  - 669 - LRB104 20255 HLH 33706 b

1   delinquent taxes that have been determined by law

2   to be due and unpaid under this Act or any other

3   tax Act administered by the Department, unless the

4   applicant has entered into an agreement approved

5   by the Department to pay the amount due;

6                    (ii) had a license under this Act, the

7   Cigarette Use Tax Act, the Tobacco Products Tax

8   Act of 1995, or the Cigarette Machine Operator's

9   Occupation Tax Act revoked within the past 2 years

10  by the Department for misconduct relating to

11  stolen or contraband cigarettes or has been

12  convicted of a State or federal crime, punishable

13  by imprisonment of one year or more, relating to

14  stolen or contraband cigarettes;

15                   (iii) manufactures cigarettes, whether in this

16  State or out of this State, and who is neither (a)

17  a participating manufacturer as defined in

18  subsection II(jj) of the "Master Settlement

19  Agreement" as defined in Sections 10 of the

20  Tobacco Product Manufacturers' Escrow Act and the

21  Tobacco Products Manufacturers' Escrow Enforcement

22  Act of 2003; nor (b) in full compliance with

23  Tobacco Product Manufacturers' Escrow Act and the

24  Tobacco Products Manufacturers' Escrow Enforcement

25  Act of 2003;

26                   (iv) has been found by the Department, after
    SB3019 Enrolled  - 670 - LRB104 20255 HLH 33706 b

1   notice and a hearing, to have imported or caused

2   to be imported into the United States for sale or

3   distribution any cigarette in violation of 19

4   U.S.C. 1681a;

5                    (v) has been found by the Department, after

6   notice and a hearing, to have imported or caused

7   to be imported into the United States for sale or

8   distribution or manufactured for sale or

9   distribution in the United States any cigarette

10  that does not fully comply with the Federal

11  Cigarette Labeling and Advertising Act (15 U.S.C.

12  1331, et seq.); or

13                   (vi) has been found by the Department, after

14  notice and a hearing, to have made a materially

15  false statement in the application or has failed

16  to produce records required to be maintained by

17  this Act.

18  (3) There is no application fee for the initial and

19  renewal permits. A permittee shall notify the Department

20  of any change in the information contained on the

21  application form, including any change in ownership, and

22  shall do so within 30 days after any such change. Such

23  permit shall not be transferable or assignable. A

24  permittee does not acquire any vested interest or

25  compensable property right in a permit issued under this

26  subsection.
   SB3019 Enrolled  - 671 - LRB104 20255 HLH 33706 b

1  With respect to cigarettes which come within the scope of

2 such a permit and which any such permittee delivers or causes

3 to be delivered in Illinois to licensed distributors, such

4 permittee shall collect the tax imposed by this Act and shall

5 remit such tax to the Department by the 5th day of each month

6 for the preceding calendar month. Each such remittance shall

7 be accompanied by a return filed with the Department in on a

8 form to be prescribed and furnished by the Department and

9 shall disclose such information as the Department may lawfully

10 require. Information that the Department may lawfully require

11 includes information related to the uniform regulation and

12 taxation of cigarettes. All returns and supporting schedules

13 required to be filed under this subsection and all payments

14 required to be made under this subsection shall be by

15 electronic means in the form prescribed by the Department The

16 Department may promulgate rules to require that the

17 permittee's return be accompanied by appropriate

18 computer-generated magnetic media supporting schedule data in

19 the format prescribed by the Department, unless, as provided

20 by rule, the Department grants an exception upon petition of

21 the permittee. Each such return shall be accompanied by a copy

22 of each invoice rendered by the permittee to any licensed

23 distributor to whom the permittee delivered cigarettes of the

24 type covered by the permit (or caused cigarettes of the type

25 covered by the permit to be delivered) in Illinois during the

26 period covered by such return.
    SB3019 Enrolled  - 672 - LRB104 20255 HLH 33706 b

1   Such authority and permit may be suspended, canceled, or

2 revoked when, at any time, the Department considers that the

3 security given is inadequate, or that such tax can more

4 effectively be collected from the person using such cigarettes

5 in this State or through distributors located in this State,

6 or whenever the permittee violates any provision of this Act

7 or any lawful rule or regulation issued by the Department

8 pursuant to this Act or is determined to be ineligible for a

9 distributor's permit under this Act as provided in this

10 Section, or whenever the permittee shall notify the Department

11 in writing of his desire to have the permit canceled. The

12 Department shall have the power, in its discretion, to issue a

13 new permit after such suspension, cancellation, or revocation,

14 except when the person who would receive the permit is

15 ineligible to receive a distributor's permit under this Act.

16  All permits issued by the Department under this subsection

17 Act shall be valid for not to exceed one year after issuance

18 unless sooner revoked, canceled or suspended as in this Act

19 provided.

20  Any person aggrieved by any decision of the Department

21 under this subsection may, within 30 days after notice of the

22 decision, protest and request a hearing. Upon receiving a

23 request for a hearing, the Department shall give notice to the

24 person requesting the hearing of the time and place fixed for

25 the hearing and shall hold a hearing in conformity with the

26 provisions of this Act and then issue its final administrative
    SB3019 Enrolled  - 673 - LRB104 20255 HLH 33706 b

1 decision in the matter to that person. In the absence of a

2 protest and request for a hearing within 30 days, the

3 Department's decision shall become final without any further

4 determination being made or notice given.

5   (b) Unstamped original packages of cigarettes for

6 distribution to the public for promotional purposes without

7 consideration.

8   (1) Out-of-state cigarette manufacturers who are not

9   required to be licensed as distributors of cigarettes in

10  this State and who do not elect to obtain approval under

11  subsection (a) to pay the tax imposed by this Act, but who

12  elect to qualify under this subsection Act as distributors

13  of cigarettes in this State for purposes of shipping and

14  delivering unstamped original packages of cigarettes into

15  this State to licensed distributors, shall obtain a permit

16  from the Department, provided that no such permit shall be

17  issued under this subsection to a manufacturer who has

18  obtained the permit provided for in Section 4b(b) of the

19  Cigarette Tax Act. These permits shall be issued without

20  charge in such form as the Department may prescribe and

21  shall not be transferable or assignable.

22  Application for permit shall be made to the

23  Department, by electronic means, in a form prescribed by

24  the Department. Each applicant for a permit under this

25  subsection shall furnish to the Department in a form

26  signed and verified by the applicant under penalty of
    SB3019 Enrolled  - 674 - LRB104 20255 HLH 33706 b

1   perjury, in an electronic format established by the

2   Department, the following:

3   (A) a statement that the applicant will fully

4   comply with the Tobacco Products Manufacturers' Escrow

5   Enforcement Act of 2003; and

6   (B) the following information:

7                    (i) the name and address of the applicant;

8                    (ii) the address of the location at which the

9   applicant proposes to engage in business; and

10                   (iii) such other additional information as the

11  Department may reasonably require by its rules.

12  (2) The following are ineligible to receive a

13  distributor's permit under this subsection:

14  (A) (1) a person who is not of good character and

15  reputation in the community in which the person he or

16  she resides; the Department may consider prior

17  conviction of a felony, but, except as provided in

18  paragraph (B), the conviction shall not operate as an

19  absolute bar to licensure;

20  (B) (2) a person who has been convicted of a felony

21  under any federal or State law, if the Department,

22  after investigation and consideration of any

23  mitigating factors and evidence of rehabilitation

24  contained in the applicant's record, including those

25  provided in Section 4i of the Cigarette Tax Act, and a

26  hearing, if requested by the applicant, determines
    SB3019 Enrolled  - 675 - LRB104 20255 HLH 33706 b

1   that the person has not been sufficiently

2   rehabilitated to warrant the public trust and the

3   conviction will impair the ability of the person to

4   engage in the position for which a permit is sought;

5   and

6        (C) (3) a corporation, if any officer, manager or

7   director thereof, or any stockholder or stockholders

8   owning in the aggregate more than 5% of the stock of

9   the corporation, would not be eligible to receive a

10  permit under this Act for any reason;

11       (D) a person who has delinquent reports under

12  Section 25 of the Tobacco Products Manufacturers'

13  Escrow Enforcement Act of 2003 (30 ILCS 167/25); or

14       (E) a person, or any person who owns more than 15%

15  of the ownership interests in a person or a related

16  party who:

17                   (i) owes, at the time of application, any

18       delinquent taxes that have been determined by law

19       to be due and unpaid under this Act or any other

20       tax Act administered by the Department, unless the

21       applicant has entered into an agreement approved

22       by the Department to pay the amount due;

23                   (ii) had a license under this Act, the

24       Cigarette Tax Act, the Tobacco Products Tax Act of

25       1995, or the Cigarette Machine Operator's

26       Occupation Tax Act revoked within the past 2 years
    SB3019 Enrolled  - 676 - LRB104 20255 HLH 33706 b

1   by the Department for misconduct relating to

2   stolen or contraband cigarettes or has been

3   convicted of a State or federal crime, punishable

4   by imprisonment of one year or more, relating to

5   stolen or contraband cigarettes;

6                    (iii) manufactures cigarettes, whether in this

7   State or out of this State, and who is neither (a)

8   a participating manufacturer as defined in

9   subsection II(jj) of the "Master Settlement

10  Agreement" as defined in Sections 10 of the

11  Tobacco Product Manufacturers' Escrow Act and the

12  Tobacco Products Manufacturers' Escrow Enforcement

13  Act of 2003; nor (b) in full compliance with

14  Tobacco Product Manufacturers' Escrow Act and the

15  Tobacco Products Manufacturers' Escrow Enforcement

16  Act of 2003;

17                   (iv) has been found by the Department, after

18  notice and a hearing, to have imported or caused

19  to be imported into the United States for sale or

20  distribution any cigarette in violation of 19

21  U.S.C. 1681a;

22                   (v) has been found by the Department, after

23  notice and a hearing, to have imported or caused

24  to be imported into the United States for sale or

25  distribution or manufactured for sale or

26  distribution in the United States any cigarette
    SB3019 Enrolled  - 677 - LRB104 20255 HLH 33706 b

1   that does not fully comply with the Federal

2   Cigarette Labeling and Advertising Act (15 U.S.C.

3   1331, et seq.); or

4                    (vi) has been found by the Department, after

5   notice and a hearing, to have made a materially

6   false statement in the application or has failed

7   to produce records required to be maintained by

8   this Act.

9   (3) There is no application fee for the initial and

10  renewal permits. A permittee shall notify the Department

11  of any change in the information contained on the

12  application form, including any change in ownership, and

13  shall do so within 30 days after any such change. Such

14  permit shall not be transferable or assignable. A

15  permittee does not acquire any vested interest or

16  compensable property right in a permit issued under this

17  subsection.

18  With respect to original packages of cigarettes such

19 permittee delivers or causes to be delivered in Illinois and

20 distributed to the public for promotional purposes without

21 consideration, the permittee shall pay the tax imposed by this

22 Act by remitting the amount thereof to the Department by the

23 5th day of each month covering cigarettes shipped or otherwise

24 delivered in Illinois for those purposes during the preceding

25 calendar month. The permittee, before delivering those

26 cigarettes or causing those cigarettes to be delivered in this
   SB3019 Enrolled  - 678 - LRB104 20255 HLH 33706 b

1 State, shall evidence the his or her obligation to remit the

2 taxes due with respect to those cigarettes by imprinting

3 language to be prescribed by the Department on each original

4 package of cigarettes, in such place thereon and in such

5 manner also to be prescribed by the Department. The imprinted

6 language shall acknowledge the permittee's payment of or

7 liability for the tax imposed by this Act with respect to the

8 distribution of those cigarettes.

9  With respect to cigarettes such permittee delivers or

10 causes to be delivered in Illinois to Illinois licensed

11 distributors or distributed to the public for promotional

12 purposes, the permittee shall, by the 5th day of each month,

13 file with the Department, a report covering cigarettes shipped

14 or otherwise delivered in Illinois to licensed distributors or

15 distributed to the public for promotional purposes during the

16 preceding calendar month on a form to be prescribed and

17 furnished by the Department and shall disclose such other

18 information as the Department may lawfully require.

19 Information that the Department may lawfully require includes

20 information related to the uniform regulation and taxation of

21 cigarettes. All reports required to be filed under this

22 subsection and all payments required to be made under this

23 subsection shall be by electronic means in the form prescribed

24 by the Department The Department may promulgate rules to

25 require that the permittee's report be accompanied by

26 appropriate computer-generated magnetic media supporting
    SB3019 Enrolled    - 679 - LRB104 20255 HLH 33706 b

1 schedule data in the format prescribed by the Department,

2 unless, as provided by rule, the Department grants an

3 exception upon petition of the permittee. Each such report

4 shall be accompanied by a copy of each invoice rendered by the

5 permittee to any purchaser to whom the permittee delivered

6 cigarettes of the type covered by the permit (or caused

7 cigarettes of the type covered by the permit to be delivered)

8 in Illinois during the period covered by such report.

9   Such permit may be suspended, canceled, or revoked

10 whenever the permittee violates any provision of this Act or

11 any lawful rule or regulation issued by the Department

12 pursuant to this Act, is determined to be ineligible for a

13 distributor's permit under this Act as provided in this

14 subsection Section, or notifies the Department in writing of

15 his or her desire to have the permit canceled. The Department

16 shall have the power, in its discretion, to issue a new permit

17 after such suspension, cancellation, or revocation, except

18 when the person who would receive the permit is ineligible to

19 receive a distributor's permit under this Act.

20  All permits issued by the Department under this subsection

21 Act shall be valid for a period not to exceed one year after

22 issuance unless sooner revoked, canceled, or suspended as in

23 this Act provided.

24  Any person aggrieved by any decision of the Department

25 under this subsection may, within 30 days after notice of the

26 decision, protest and request a hearing. Upon receiving a
    SB3019 Enrolled            - 680 - LRB104 20255 HLH 33706 b

1 request for a hearing, the Department shall give notice to the
2 person requesting the hearing of the time and place fixed for
3 the hearing and shall hold a hearing in conformity with the
4 provisions of this Act and then issue its final administrative
5 decision in the matter to that person. In the absence of a
6 protest and request for a hearing within 30 days, the
7 Department's decision shall become final without any further
8 determination being made or notice given.
9 (Source: P.A. 96-782, eff. 1-1-10.)

10  (35 ILCS 135/7a)

11  Sec. 7a. Discretionary secondary distributor's license.

12  (a) The Department may, in its discretion, upon

13 application, issue a secondary distributor's license to

14 persons who are not required to be licensed as secondary

15 distributors of cigarettes in this State, but who elect to

16 qualify under this Section Act as discretionary secondary

17 distributors of cigarettes. Such discretionary secondary

18 distributor shall be issued, without charge, a license to make

19 sales for resale to Illinois retailers, subject to such

20 reasonable requirements as the Department shall prescribe.

21 Each applicant for a license under this Section shall furnish

22 the following information to the Department, by electronic

23 means, in on a form signed and verified by the applicant under

24 penalty of perjury, in an electronic format established by the

25 Department, the following:
    SB3019 Enrolled  - 681 - LRB104 20255 HLH 33706 b

1   (1) a statement that the applicant will fully comply

2   with the Tobacco Products Manufacturers' Escrow

3   Enforcement Act of 2003; and

4   (2) the following information:

5                (A) (a) the name and address of the applicant;

6                (B) (b) the address of the location at which the

7   applicant proposes to engage in business as a

8   discretionary secondary distributor of cigarettes; and

9                (C) (c) such other additional information as the

10  Department may reasonably require by its rules.

11  A separate application for license shall be made for each

12 place of business at or from which the applicant proposes to

13 act as a discretionary secondary distributor under this

14 Section Act and for which the applicant is not required to

15 procure a license as a secondary distributor under the

16 Cigarette Tax Act or Cigarette Use Tax Act.

17  (b) The following are ineligible to receive a

18 discretionary secondary distributor's license under this

19 Section Act:

20  (1) a person who is not of good character and

21  reputation in the community in which the person he

22  resides; the Department may consider prior conviction of a

23  felony, but, except as provided in paragraph (2), the

24  conviction shall not operate as an absolute bar to

25  licensure;

26  (2) a person who has been convicted of a felony under
    SB3019 Enrolled  - 682 - LRB104 20255 HLH 33706 b

1   any federal Federal or State law, if the Department, after

2   investigation and consideration of any mitigating factors

3   and evidence of rehabilitation contained in the

4   applicant's record, including those in Section 4i of the

5   Cigarette Tax Act, and a hearing, if requested by the

6   applicant, determines that such person has not been

7   sufficiently rehabilitated to warrant the public trust and

8   the conviction will impair the ability of the person to

9   engage in the position for which a license is sought;

10  (3) a corporation, if any officer, manager or director

11  thereof, or any stockholder or stockholders owning in the

12  aggregate more than 5% of the stock of such corporation,

13  would not be eligible to receive a license under this Act

14  hereunder for any reason;

15  (4) a person who manufactures cigarettes, whether in

16  this State or out of this State, and who is neither (i) a

17  participating manufacturer as defined in subsection II(jj)

18  of the "Master Settlement Agreement" as defined in

19  Sections 10 of the Tobacco Product Manufacturers' Escrow

20  Act and the Tobacco Products Manufacturers' Escrow

21  Enforcement Act of 2003; nor (ii) in full compliance with

22  Tobacco Product Manufacturers' Escrow Act and the Tobacco

23  Products Manufacturers' Escrow Enforcement Act of 2003;

24  (5) a person who has delinquent reports under Section

25  25 of the Tobacco Products Manufacturers' Escrow

26  Enforcement Act of 2003; or
    SB3019 Enrolled     - 683 - LRB104 20255 HLH 33706 b

1   (6) a person, or any person who owns more than 15% 15

2   percent of the ownership interests in a person or a

3   related party who:

4   (A) owes, at the time of application, any

5   delinquent cigarette taxes that have been determined

6   by law to be due and unpaid under this Act or any other

7   tax Act administered by the Department, unless the

8   license applicant has entered into an agreement

9   approved by the Department to pay the amount due;

10  (B) had a license under this Act, or the Cigarette

11  Tax Act, the Tobacco Products Tax Act of 1995, or the

12  Cigarette Machine Operator's Occupation Tax Act

13  revoked within the past 2 years by the Department for

14  misconduct relating to stolen or contraband cigarettes

15  or has been convicted of a State or federal crime,

16  punishable by imprisonment of one year or more,

17  relating to stolen or contraband cigarettes;

18  (C) has been found by the Department, after notice

19  and a hearing, to have imported or caused to be

20  imported into the United States for sale or

21  distribution any cigarette in violation of 19 U.S.C.

22  1681a;

23  (D) has been found by the Department, after notice

24  and a hearing, to have imported or caused to be

25  imported into the United States for sale or

26  distribution or manufactured for sale or distribution
    SB3019 Enrolled  - 684 - LRB104 20255 HLH 33706 b

1   in the United States any cigarette that does not fully

2   comply with the Federal Cigarette Labeling and

3   Advertising Act (15 U.S.C. 1331, et seq.); or

4              (E) has been found by the Department, after notice

5   and a hearing, to have made a materially material

6   false statement in the application or has failed to

7   produce records required to be maintained by this Act.

8   (c) The Department, upon receipt of application from a

9 person who is eligible to receive a discretionary secondary

10 distributor's license under this Section, Upon approval of

11 such application, the Department shall issue a license to the

12 applicant. Such license shall permit the applicant to engage

13 in business as a discretionary secondary distributor at or

14 from the place shown in the his application. There is no

15 application fee for the initial and renewal permits. All

16 licenses issued by the Department under this Section Act shall

17 be valid for a period not to exceed one year after issuance

18 unless sooner revoked, canceled, or suspended as provided in

19 this Act provided. No license issued under this Section Act is

20 transferable or assignable. Such license shall be

21 conspicuously displayed at the place of business for which it

22 is issued.

23  No discretionary secondary distributor licensee acquires

24 any vested interest or compensable property right in a license

25 issued under this Section Act.

26  A licensed discretionary secondary distributor shall
    SB3019 Enrolled  - 685 - LRB104 20255 HLH 33706 b

1 notify the Department of any change in the information

2 contained on the application form, including any change in

3 ownership, and shall do so within 30 days after any such

4 change.

5   Any person aggrieved by any decision of the Department

6 under this Section may, within 30 20 days after notice of the

7 decision, protest and request a hearing. Upon receiving a

8 request for a hearing, the Department shall give notice to the

9 person requesting the hearing of the time and place fixed for

10 the hearing and shall hold a hearing in conformity with the

11 provisions of this Act and then issue its final administrative

12 decision in the matter to that person. In the absence of a

13 protest and request for a hearing within 30 20 days, the

14 Department's decision shall become final without any further

15 determination being made or notice given.

16  Such authority and license may be suspended, canceled, or

17 revoked whenever the licensee violates any provision of this

18 Act or any lawful rule or regulation issued by the Department

19 pursuant to this Act or is determined to be ineligible for a

20 discretionary secondary distributor's permit under this Act as

21 provided in this Section, or whenever the licensee shall

22 notify the Department in writing of his desire to have the

23 license canceled. The Department shall have the power, in its

24 discretion, to issue a new license after such suspension,

25 cancellation, or revocation, except when the person who would

26 receive the license is ineligible to receive a discretionary
    SB3019 Enrolled  - 686 - LRB104 20255 HLH 33706 b

1 secondary distributor's license under this Section Act.
2 (Source: P.A. 96-1027, eff. 7-12-10.)

3   (35 ILCS 135/27) (from Ch. 120, par. 453.57)

4   Sec. 27. Destruction or use of forfeited property.

5   (a) When any original packages of cigarettes or any

6 cigarette vending device shall have been declared forfeited to

7 the State by the Department, as provided in Section 25 of this

8 Act, and when all proceedings for the judicial review of the

9 Department's decision have terminated, the Department shall,

10 to the extent that its decision is sustained on review,

11 destroy or maintain and use such property in an undercover

12 capacity.

13  (b) The Department may, prior to any destruction of

14 cigarettes, permit the true holder of the trademark rights in

15 the cigarette brand to inspect such contraband cigarettes, in

16 order to assist the Department in any investigation regarding

17 such cigarettes.

18  (c) The cost of destruction shall be assessed against the

19 owner or the person in possession of the forfeited property.

20 Such cost shall be assessed regardless of whether the

21 forfeiture is determined by hearing or waiver.

22  (d) Any person aggrieved by any decision of the Department

23 under this Section may, within 30 days after notice of the

24 decision, protest and request a hearing. Upon receiving a

25 written request for a hearing, the Department shall give
    SB3019 Enrolled      - 687 - LRB104 20255 HLH 33706 b

 1 notice to the person requesting the hearing of the time and
 2 place fixed for the hearing and shall hold a hearing in
 3 conformity with the provisions of this Act and then issue its
 4 final administrative decision in the matter to that person. In
 5 the absence of a protest and request for a hearing within 30
 6 days, the Department's decision shall become final without any
 7 further determination being made or notice given. If a hearing
 8 has already been set pursuant to Section 25 or Section 6 of
 9 this Act, all issues related to the cost of destruction shall
10 be heard simultaneously.
11 (Source: P.A. 94-776, eff. 5-19-06; 95-1053, eff. 1-1-10.)

12  Section 80-25. The Tobacco Products Tax Act of 1995 is

13 amended by changing Sections 10-20, 10-21, 10-25, 10-55,

14 10-56, and 10-58 as follows:

15  (35 ILCS 143/10-20)

16  Sec. 10-20. Distributor's licenses.

17  (a) It shall be unlawful for any person to engage in

18 business as a distributor of tobacco products within the

19 meaning of this Act without first having obtained a license to

20 do so from the Department. Application for that license shall

21 be made to the Department, by electronic means, in a form

22 prescribed and furnished by the Department. Each applicant for

23 a license shall furnish to the Department in on a form, signed

24 and verified by the applicant under penalty of perjury, in an
    SB3019 Enrolled  - 688 - LRB104 20255 HLH 33706 b

1 electronic format established by the Department, the following

2 information:

3   (1) a statement that the applicant will fully comply

4   with the Tobacco Products Manufacturers' Escrow

5   Enforcement Act of 2003; and

6   (2) the following information:

7   (A) the The name and address of the applicant; .

8   (B) the (2) The address of the location at which

9   the applicant proposes to engage in business as a

10  distributor of tobacco products; and .

11  (C) such other additional (3) Other information as

12  the Department may reasonably require by its rules.

13  Each distributor, except for a distributor who is applying

14 for a distributor's license under this Act for the first time

15 or a distributor who, in the preceding year, had less than

16 $50,000 of tax liability, shall also file with the Department

17 a bond in an amount not to exceed (i) 3 times the amount of the

18 distributor's average monthly tax liability or (ii) $50,000,

19 whichever amount is lower, on a form to be approved by the

20 Department. The Department shall fix the amount of the bond

21 for each applicant, taking into consideration the amount of

22 money expected to become due from the applicant under this

23 Act. The amount of bond required by the Department shall be an

24 amount that, in its opinion, will protect the State of

25 Illinois against failure to pay the amount that may become due

26 from the applicant under this Act. Except as otherwise
    SB3019 Enrolled  - 689 - LRB104 20255 HLH 33706 b

1 provided in this Section, the bond, a reissue, or a substitute

2 shall be kept in full force and effect during the entire period

3 covered by the license. A separate application for license

4 shall be made, and bond filed, for each place of business at

5 which a person who is required to procure a distributor's

6 license proposes to engage in business as a distributor under

7 this Act.

8   (b) The following are ineligible to receive a

9 distributor's license under this Section:

10  (1) a person who is not of good character and

11  reputation in the community in which the person resides;

12  the Department may consider prior conviction of a felony

13  but, except as provided in paragraph (2), the conviction

14  shall not operate as an absolute bar to licensure;

15  (2) a person who has been convicted of a felony under

16  any federal or State law, if the Department, after

17  investigation and consideration of any mitigating factors

18  and evidence of rehabilitation contained in the

19  applicant's record, including those in Section 4i of the

20  Cigarette Tax Act, and hearing, if requested by the

21  applicant, determines that such person has not been

22  sufficiently rehabilitated to warrant the public trust and

23  the conviction will impair the ability of the person to

24  engage in the position for which a license is sought;

25  (3) a corporation, if any officer, manager, or

26  director thereof, or any stockholder or stockholders
    SB3019 Enrolled  - 690 - LRB104 20255 HLH 33706 b

1   owning in the aggregate more than 5% of the stock of such

2   corporation, would not be eligible to receive a license

3   under this Act for any reason;

4   (4) a person who has delinquent reports under Section

5   25 of the Tobacco Products Manufacturers' Escrow

6   Enforcement Act of 2003; or

7   (5) a person, or any person who owns more than 15% of

8   the ownership interests in a person or a related party

9   who:

10        (A) owes, at the time of application, any

11  delinquent taxes that have been determined by law to

12  be due and unpaid under this Act or any other tax Act

13  administered by the Department, unless the license

14  applicant has entered into an agreement approved by

15  the Department to pay the amount due;

16        (B) had a license under this Act, the Cigarette

17  Tax Act, the Cigarette Use Tax Act, or the Cigarette

18  Machine Operator's Occupation Tax Act revoked within

19  the past 2 years by the Department for misconduct

20  relating to stolen or contraband cigarettes or has

21  been convicted of a State or federal crime, punishable

22  by imprisonment of one year or more, relating to

23  stolen or contraband cigarettes;

24        (C) manufactures cigarettes, whether in this State

25  or out of this State, and who is neither (i) a

26  participating manufacturer as defined in subsection
    SB3019 Enrolled  - 691 - LRB104 20255 HLH 33706 b

1   II(jj) of the "Master Settlement Agreement" as defined

2   in Sections 10 of the Tobacco Product Manufacturers'

3   Escrow Act and the Tobacco Products Manufacturers'

4   Escrow Enforcement Act of 2003; nor (ii) in full

5   compliance with Tobacco Product Manufacturers' Escrow

6   Act and the Tobacco Products Manufacturers' Escrow

7   Enforcement Act of 2003;

8   (D) has been found by the Department, after notice

9   and a hearing, to have imported or caused to be

10  imported into the United States for sale or

11  distribution any cigarette in violation of 19 U.S.C.

12  1681a;

13  (E) has been found by the Department, after notice

14  and a hearing, to have imported or caused to be

15  imported into the United States for sale or

16  distribution or manufactured for sale or distribution

17  in the United States any cigarette that does not fully

18  comply with the Federal Cigarette Labeling and

19  Advertising Act (15 U.S.C. 1331, et seq.); or

20  (F) has been found by the Department, after notice

21  and a hearing, to have made a materially false

22  statement in the application or has failed to produce

23  records required to be maintained by this Act.

24  (c) The Department, upon receipt of an application and

25 bond, if required, in proper form, from a person who is

26 eligible to receive a distributor's license shall issue to the
    SB3019 Enrolled       - 692 - LRB104 20255 HLH 33706 b

1 applicant a license, in a form prescribed by the Department.

2 The license , which shall allow permit the applicant to whom it

3 is issued to engage in business as a distributor at the place

4 shown on the his or her application. The license shall be

5 issued by the Department without charge or cost to the

6 applicant. No license issued under this Section Act is

7 transferable or assignable. The license shall be conspicuously

8 displayed in the place of business conducted by the licensee

9 under the license. No distributor licensee acquires any vested

10 interest or compensable property right in a license issued

11 under this Section.

12  Licenses issued by the Department under this Section Act

13 shall be valid for a period not to exceed one year after

14 issuance unless sooner revoked, canceled, or suspended as

15 provided in this Act.

16  A licensed distributor shall notify the Department of any

17 change in the information contained on the application form,

18 including any change in ownership and shall do so within 30

19 days after any such change No license shall be issued to any

20 person who is in default to the State of Illinois for moneys

21 due under this Act or any other tax Act administered by the

22 Department.

23  The Department shall discharge any surety and shall

24 release and return any bond provided to it by a taxpayer under

25 this Section within 90 days after:

26  (1) the taxpayer becomes a prior continuous compliance
    SB3019 Enrolled  - 693 - LRB104 20255 HLH 33706 b

1   taxpayer; or

2   (2) the taxpayer has ceased to collect receipts on

3   which the taxpayer is required to remit the tax under this

4   Act to the Department, has filed a final tax return, and

5   has paid to the Department an amount sufficient to

6   discharge his remaining tax liability as determined by the

7   Department under this Act.

8   For the purposes of item (2), the Department shall make a

9 final determination of the taxpayer's outstanding tax

10 liability as expeditiously as possible after the taxpayer's

11 final tax return under this Act has been filed. If the

12 Department will be unable to make such a final determination

13 within 45 days after receiving the taxpayer's final tax

14 return, then the Department shall notify the taxpayer within

15 that 45-day period stating the reasons why it is unable to make

16 the final determination within that 45-day period.

17  The Department may, in its discretion, upon application,

18 authorize the payment of the tax imposed under Section 10-10

19 by any distributor or manufacturer not otherwise subject to

20 the tax imposed under this Act who, to the satisfaction of the

21 Department, furnishes adequate security to ensure payment of

22 the tax. The distributor or manufacturer shall be issued,

23 without charge, a license to remit the tax. When so

24 authorized, it shall be the duty of the distributor or

25 manufacturer to remit the tax imposed upon the wholesale price

26 of tobacco products sold or otherwise disposed of to retailers
    SB3019 Enrolled            - 694 - LRB104 20255 HLH 33706 b

1 or consumers located in this State, in the same manner and

2 subject to the same requirements as any other distributor or

3 manufacturer licensed under this Act.

4   The Department may revoke, suspend, or cancel the license

5 of a distributor of roll-your-own tobacco,( as that term is

6 used in Section 10 of the Tobacco Product Manufacturers'

7 Escrow Act,) under this Act if the tobacco product

8 manufacturer, as defined in Section 10 of the Tobacco Product

9 Manufacturers' Escrow Act, that made or sold the roll-your-own

10 tobacco has failed to become a participating manufacturer, as

11 defined in subdivision (a)(1) of Section 15 of the Tobacco

12 Product Manufacturers' Escrow Act, or has failed to create a

13 qualified escrow fund for any roll-your-own tobacco

14 manufactured by the tobacco product manufacturer and sold in

15 this State or otherwise failed to bring itself into compliance

16 with subdivision (a)(2) of Section 15 of the Tobacco Product

17 Manufacturers' Escrow Act.

18  Any applicant applying for a distributor's license after

19 the applicant's distributor's license has been revoked by the

20 Department shall also file a bond with the Department in an

21 amount equal to 3 times the amount of the applicant's average

22 monthly tax liability under this Act, as that average monthly

23 tax liability was calculated immediately prior to the

24 revocation of the applicant's distributor's license.

25  Any person aggrieved by any decision of the Department

26 under this Section may, within 30 20 days after notice of the
    SB3019 Enrolled          - 695 - LRB104 20255 HLH 33706 b

1 that decision, protest and request a hearing, whereupon the
2 Department must give notice to that person of the time and
3 place fixed for the hearing and must hold a hearing in
4 conformity with the provisions of this Act and then issue its
5 final administrative decision in the matter to that person. In
6 the absence of such a protest within 30 20 days, the
7 Department's decision becomes final without any further
8 determination being made or notice given.
9 (Source: P.A. 103-1001, eff. 8-9-24; 103-1055, eff. 12-20-24.)

10  (35 ILCS 143/10-21)

11  Sec. 10-21. Retailer's license. Beginning on January 1,

12 2016, no person may engage in business as a retailer of tobacco

13 products in this State without first having obtained a license

14 from the Department. Application for license shall be made to

15 the Department, by electronic means, in a form prescribed by

16 the Department. Each applicant for a license under this

17 Section shall furnish to the Department, in a form signed and

18 verified by the applicant under penalty of perjury, in an

19 electronic format established by the Department, the following

20 information:

21  (1) the name and address of the applicant;

22  (2) the address of the location at which the applicant

23  proposes to engage in business as a retailer of tobacco

24  products in this State;

25  (3) such other additional information as the
    SB3019 Enrolled            - 696 - LRB104 20255 HLH 33706 b

1   Department may reasonably lawfully require by its rules

2   and regulations.

3   The annual license fee payable to the Department for each

4 retailer's license shall be $150. The fee will be deposited

5 into the Tax Compliance and Administration Fund and shall be

6 used for the cost of tobacco retail inspection and contraband

7 tobacco and tobacco smuggling with at least two-thirds of the

8 money being used for contraband tobacco and tobacco smuggling

9 operations and enforcement.

10  Each applicant for license shall pay such fee to the

11 Department at the time of submitting its application for

12 license to the Department. The Department shall require an

13 applicant for a license under this Section to electronically

14 file and pay the fee.

15  A separate application for license shall be made and a

16 separate annual license fee shall be paid for each place of

17 business at which a person who is required to procure a

18 retailer's license under this Section proposes to engage in

19 business as a retailer in Illinois under this Section Act.

20  The following are ineligible to receive a retailer's

21 license under this Act:

22  (1) a person who has been convicted of a felony under

23  any federal or State law for smuggling cigarettes or

24  tobacco products or tobacco tax evasion, if the

25  Department, after investigation and a hearing if requested

26  by the applicant, determines that such person has not been
    SB3019 Enrolled  - 697 - LRB104 20255 HLH 33706 b

1   sufficiently rehabilitated to warrant the public trust;

2   and

3        (2) a corporation, if any officer, manager, or

4   director thereof, or any stockholder or stockholders

5   owning in the aggregate more than 5% of the stock of such

6   corporation, would not be eligible to receive a license

7   under this Act for any reason; a limited liability

8   company, if any member or managing member would not be

9   eligible to receive a license under this Act for any

10  reason; a partnership, if any partner would not be

11  eligible to receive a license under this Act for any

12  reason.

13  The Department, upon receipt of an application and license

14 fee, in proper form, from a person who is eligible to receive a

15 retailer's license under this Act, shall issue to such

16 applicant a license in form as prescribed by the Department,

17 which license shall permit the applicant to which it is issued

18 to engage in business as a retailer under this Act at the place

19 shown in the his application. All licenses issued by the

20 Department under this Section shall be valid for a period not

21 to exceed one year after issuance unless sooner revoked,

22 canceled or suspended as provided in this Act. No license

23 issued under this Section is transferable or assignable. Such

24 license shall be conspicuously displayed in the place of

25 business conducted by the licensee in Illinois under such

26 license. No licensee acquires any vested interest or
    SB3019 Enrolled            - 698 - LRB104 20255 HLH 33706 b

1 compensable property right in a license issued under this

2 Section.

3   A licensed retailer shall notify the Department of any

4 change in the information contained on the application form,

5 including any change in ownership and shall do so within 30

6 days after any such change.

7   A person who obtains a license as a retailer who ceases to

8 do business as specified in the license, or who never

9 commenced business, or whose license is suspended or revoked,

10 shall immediately surrender the license to the Department. The

11 Department shall not issue a license to a retailer unless the

12 retailer is also validly registered under the Retailers'

13 Retailers Occupation Tax Act.

14  A retailer as defined under this Act need not obtain an

15 additional license under this Act, but shall be deemed to be

16 sufficiently licensed by virtue of his being properly licensed

17 as a retailer under Section 4g of the Cigarette Tax Act.

18  Any person aggrieved by any decision of the Department

19 under this Section may, within 30 days after notice of the

20 decision, protest and request a hearing. Upon receiving a

21 request for a hearing, the Department shall give notice to the

22 person requesting the hearing of the time and place fixed for

23 the hearing and shall hold a hearing in conformity with the

24 provisions of this Act and then issue its final administrative

25 decision in the matter to that person. In the absence of a

26 protest and request for a hearing within 30 days, the
    SB3019 Enrolled      - 699 - LRB104 20255 HLH 33706 b

1 Department's decision shall become final without any further
2 determination being made or notice given.
3 (Source: P.A. 104-6, eff. 7-1-25.)

4   (35 ILCS 143/10-25)

5   Sec. 10-25. License actions.

6   (a) The Department may, after notice and a hearing,

7 revoke, cancel, or suspend the license of any distributor or

8 retailer who violates any of the provisions of this Act, fails

9 to keep books and records as required under this Act, fails to

10 make books and records available for inspection upon demand by

11 a duly authorized employee of the Department, or violates a

12 rule or regulation of the Department for the administration

13 and enforcement of this Act. The notice shall specify the

14 alleged violation or violations upon which the revocation,

15 cancellation, or suspension proceeding is based.

16  (b) The Department may, after notice and hearing as

17 provided for by this Act, revoke, cancel, or suspend the

18 license of any distributor or retailer for the violation of

19 any provision of this Act, or for noncompliance with the

20 provisions of this Act, or for any noncompliance with any

21 lawful rule promulgated by the Department under this Act, or

22 because the licensee is determined to be ineligible for a

23 distributor's license for any one or more of the reasons

24 provided for in Section 10-20 of this Act, or because the

25 licensee is determined to be ineligible for a retailer's
    SB3019 Enrolled           - 700 - LRB104 20255 HLH 33706 b

1 license for any one or more of the reasons provided for in

2 Section 10-21 of this Act.

3   (b-5) The Department may revoke, cancel, or suspend the

4 license of any distributor for a violation of the Tobacco

5 Products Manufacturers' Escrow Enforcement Act of 2003 as

6 provided in Section 30 of that Act.

7   (c) If the retailer has a training program that

8 facilitates compliance with minimum-age tobacco laws, the

9 Department shall suspend for 3 days the license of that

10 retailer for a fourth or subsequent violation of the

11 Prevention of Tobacco Use by Persons under 21 Years of Age and

12 Sale and Distribution of Tobacco Products Act, as provided in

13 subsection (a) of Section 2 of that Act. For the purposes of

14 this Section, any violation of subsection (a) of Section 2 of

15 the Prevention of Tobacco Use by Persons under 21 Years of Age

16 and Sale and Distribution of Tobacco Products Act occurring at

17 the retailer's licensed location, during a 24-month period,

18 shall be counted as a violation against the retailer.

19  If the retailer does not have a training program that

20 facilitates compliance with minimum-age tobacco laws, the

21 Department shall suspend for 3 days the license of that

22 retailer for a second violation of the Prevention of Tobacco

23 Use by Persons under 21 Years of Age and Sale and Distribution

24 of Tobacco Products Act, as provided in subsection (a-5) of

25 Section 2 of that Act.

26  If the retailer does not have a training program that
    SB3019 Enrolled       - 701 - LRB104 20255 HLH 33706 b

1 facilitates compliance with minimum-age tobacco laws, the

2 Department shall suspend for 7 days the license of that

3 retailer for a third violation of the Prevention of Tobacco

4 Use by Persons under 21 Years of Age and Sale and Distribution

5 of Tobacco Products Act, as provided in subsection (a-5) of

6 Section 2 of that Act.

7   If the retailer does not have a training program that

8 facilitates compliance with minimum-age tobacco laws, the

9 Department shall suspend for 30 days the license of a retailer

10 for a fourth or subsequent violation of the Prevention of

11 Tobacco Use by Persons under 21 Years of Age and Sale and

12 Distribution of Tobacco Products Act, as provided in

13 subsection (a-5) of Section 2 of that Act.

14  A training program that facilitates compliance with

15 minimum-age tobacco laws must include at least the following

16 elements: (i) it must explain that only individuals displaying

17 valid identification demonstrating that they are 21 years of

18 age or older shall be eligible to purchase cigarettes or

19 tobacco products and (ii) it must explain where a clerk can

20 check identification for a date of birth. The training may be

21 conducted electronically. Each retailer that has a training

22 program shall require each employee who completes the training

23 program to sign a form attesting that the employee has

24 received and completed tobacco training. The form shall be

25 kept in the employee's file and may be used to provide proof of

26 training.
    SB3019 Enrolled  - 702 - LRB104 20255 HLH 33706 b

1   (c-5) Any distributor or retailer aggrieved by any

2 decision of the Department under this Section may, within 30

3 days after notice of the decision, protest and request a

4 hearing. Upon receiving a written request for a hearing, the

5 Department shall give notice in writing to the distributor or

6 retailer requesting the hearing that contains a statement of

7 the charges preferred against the distributor or retailer and

8 that states the time and place fixed for the hearing. The

9 Department shall hold the hearing in conformity with the

10 provisions of this Act and then issue its final administrative

11 decision in the matter to the distributor or retailer. In the

12 absence of a written protest and request for a hearing within

13 30 days, the Department's decision shall become final without

14 any further determination being made or notice given.

15  (c-10) No license so revoked shall be reissued to any

16 distributor or retailer for a period of 6 months after the date

17 of the final determination of such revocation. No license

18 shall be reissued at all so long as the person who would

19 receive the license is ineligible to receive a distributor's

20 license under this Act for any one or more of the reasons

21 provided for in Section 10-20 of this Act or a retailer's

22 license under this Act for any one or more of the reasons

23 provided for in Section 10-21 of this Act.

24  (d) The Department may, by application to any circuit

25 court, obtain an injunction restraining any person who engages

26 in business as a distributor of tobacco products without a
    SB3019 Enrolled      - 703 - LRB104 20255 HLH 33706 b

1 license (either because the his or her license has been

2 revoked, canceled, or suspended or because of a failure to

3 obtain a license in the first instance) from engaging in that

4 business until that person, as if that person were a new

5 applicant for a license, complies with all of the conditions,

6 restrictions, and requirements of Section 10-20 of this Act

7 and qualifies for and obtains a license. Refusal or neglect to

8 obey the order of the court may result in punishment for

9 contempt.

10  (e) The Department, upon complaint filed in the circuit

11 court, may, by injunction, restrain any person who fails or

12 refuses to comply with any of the provisions of this Act from

13 acting as a distributor or retailer in this State.

14 (Source: P.A. 104-6, eff. 6-16-25.)

15  (35 ILCS 143/10-55)

16  Sec. 10-55. Arrest; search and seizure without warrant.

17 Any duly authorized employee of the Department (i) may arrest

18 without warrant any person committing in his or her presence a

19 violation of any of the provisions of this Act, (ii) may

20 without a search warrant inspect all tobacco products located

21 in any place of business, (iii) may seize any tobacco products

22 possessed in violation in accordance with the provisions of

23 this Act, and (iv) may seize any vending device in which those

24 tobacco products that violate this Act are found; and (v) may

25 seize any tobacco products on which the tax imposed under this
   SB3019 Enrolled      - 704 - LRB104 20255 HLH 33706 b

1 Act has not been paid. The tobacco products and vending
2 devices so seized are subject to confiscation and forfeiture
3 as provided in Sections 10-56 through 10-58.
4 (Source: P.A. 92-743, eff. 7-25-02.)

5  (35 ILCS 143/10-56)

6  Sec. 10-56. Seizure and forfeiture. After seizing any

7 tobacco products or vending devices, as provided in Section

8 10-55, the Department must hold a hearing and determine

9 whether (i) the distributor or retailer was properly licensed

10 to sell the tobacco products at the time of their seizure by

11 the Department; (ii) the possession of the tobacco products

12 was in violation of this Act; or (iii) the tax imposed by this

13 Act had been paid on the tobacco products. The Department is

14 not required to hold such a hearing if a waiver and consent to

15 forfeiture has been executed by the owner of the property, if

16 the owner is known, and by the person in whose possession the

17 property so taken was found, if that person is known and if

18 that person is not the owner of the property. The Department

19 shall give not less than 20 days' notice of the time and place

20 of the hearing to the owner of the property, if the owner is

21 known, and also to the person in whose possession the property

22 was found, if that person is known and if the person in

23 possession is not the owner of the property. If neither the

24 owner nor the person in possession of the property is known,

25 the Department must cause publication of the time and place of
    SB3019 Enrolled      - 705 - LRB104 20255 HLH 33706 b

1 the hearing to be made at least once in each week for 3 weeks

2 successively in a newspaper of general circulation in the

3 county where the hearing is to be held.

4   If, as the result of the hearing, the Department makes any

5 of the findings listed in (i) through (iii) above determines

6 that the distributor or retailer was not properly licensed at

7 the time the tobacco products were seized, or upon receipt of a

8 properly executed waiver and consent to forfeiture as provided

9 in this Section, the Department must enter an order declaring

10 the tobacco products or vending devices confiscated and

11 forfeited to the State, to be held by the Department for

12 disposal by it as provided in Section 10-58. The Department

13 must give notice of the order to the owner of the property, if

14 the owner is known, and also to the person in whose possession

15 the property was found, if that person is known and if the

16 person in possession is not the owner of the property. If

17 neither the owner nor the person in possession of the property

18 is known, the Department must cause publication of the order

19 to be made at least once in each week for 3 weeks successively

20 in a newspaper of general circulation in the county where the

21 hearing was held.

22 (Source: P.A. 103-1001, eff. 8-9-24.)

23  (35 ILCS 143/10-58)

24  Sec. 10-58. Sale of forfeited tobacco products or vending

25 devices.
    SB3019 Enrolled  - 706 - LRB104 20255 HLH 33706 b

1   (a) When any tobacco products or any vending devices are

2 declared forfeited to the State by the Department, as provided

3 in Section 10-55, and when all proceedings for the judicial

4 review of the Department's decision have terminated, the

5 Department shall, to the extent that its decision is sustained

6 on review, sell the property for the best price obtainable and

7 shall forthwith pay over the proceeds of the sale to the State

8 Treasurer. If the value of the property to be sold at any one

9 time is $500 or more, however, the property shall be sold only

10 to the highest and best bidder on terms and conditions, and on

11 open competitive bidding after public advertisement, in a

12 manner and for terms as the Department, by rule, may

13 prescribe.

14  (b) If no complaint for review, as provided in Section 12

15 of the Retailers' Occupation Tax Act, has been filed within

16 the time required by law Law, and if no stay order has been

17 entered under that law Law, the Department shall proceed to

18 destroy, maintain and use in an undercover capacity, or sell

19 the property for the best price obtainable and shall forthwith

20 pay over the proceeds of the sale to the State Treasurer. If

21 the value of the property to be sold at any one time is $500 or

22 more, however, the property shall be sold only to the highest

23 and best bidder on terms and conditions, and on open

24 competitive bidding after public advertisement, in a manner

25 and for terms as the Department, by rule, may prescribe.

26  (c) Upon making a sale of tobacco products as provided in
    SB3019 Enrolled        - 707 - LRB104 20255 HLH 33706 b

1 this Section, the Department shall affix a distinctive stamp

2 to each of the tobacco products so sold indicating that they

3 are sold under this Section.

4   (d) The cost of destruction shall be assessed against the

5 owner or the person in possession of the forfeited property.

6 Such cost shall be assessed regardless of whether the

7 forfeiture is determined by hearing or waiver.

8   (e) Notwithstanding the foregoing, any tobacco products

9 seized under this Act may, at the discretion of the Director of

10 Revenue, be distributed to any eleemosynary institution within

11 the State of Illinois.

12  (f) Any person aggrieved by any decision of the Department

13 under this Section may, within 30 days after notice of the

14 decision, protest and request a hearing. Upon receiving a

15 written request for a hearing, the Department shall give

16 notice to the person requesting the hearing of the time and

17 place fixed for the hearing and shall hold a hearing in

18 conformity with the provisions of this Act and then issue its

19 final administrative decision in the matter to that person. In

20 the absence of a protest and request for a hearing within 30

21 days, the Department's decision shall become final without any

22 further determination being made or notice given. If a hearing

23 has already been set pursuant to Section 10-25 or Section

24 10-56 of this Act, all issues related to the cost of

25 destruction shall be heard simultaneously.

26 (Source: P.A. 97-1129, eff. 8-28-12.)
   SB3019 Enrolled  - 708 - LRB104 20255 HLH 33706 b

1                   ARTICLE 85

2  Section 85-5. The Illinois Gambling Act is amended by

3 changing Section 7 as follows:

4  (230 ILCS 10/7) (from Ch. 120, par. 2407)

5  Sec. 7. Owners licenses.

6  (a) The Board shall issue owners licenses to persons or

7 entities that apply for such licenses upon payment to the

8 Board of the non-refundable license fee as provided in

9 subsection (e) or (e-5) and upon a determination by the Board

10 that the applicant is eligible for an owners license pursuant

11 to this Act and the rules of the Board. From December 15, 2008

12 (the effective date of Public Act 95-1008) until (i) 3 years

13 after December 15, 2008 (the effective date of Public Act

14 95-1008), (ii) the date any organization licensee begins to

15 operate a slot machine or video game of chance under the

16 Illinois Horse Racing Act of 1975 or this Act, (iii) the date

17 that payments begin under subsection (c-5) of Section 13 of

18 this Act, (iv) the wagering tax imposed under Section 13 of

19 this Act is increased by law to reflect a tax rate that is at

20 least as stringent or more stringent than the tax rate

21 contained in subsection (a-3) of Section 13, or (v) when an

22 owners licensee holding a license issued pursuant to Section

23 7.1 of this Act begins conducting gaming, whichever occurs
    SB3019 Enrolled  - 709 - LRB104 20255 HLH 33706 b

1 first, as a condition of licensure and as an alternative

2 source of payment for those funds payable under subsection

3 (c-5) of Section 13 of this Act, any owners licensee that holds

4 or receives its owners license on or after May 26, 2006 (the

5 effective date of Public Act 94-804), other than an owners

6 licensee operating a riverboat with adjusted gross receipts in

7 calendar year 2004 of less than $200,000,000, must pay into

8 the Horse Racing Equity Trust Fund, in addition to any other

9 payments required under this Act, an amount equal to 3% of the

10 adjusted gross receipts received by the owners licensee. The

11 payments required under this Section shall be made by the

12 owners licensee to the State Treasurer no later than 3:00

13 o'clock p.m. of the day after the day when the adjusted gross

14 receipts were received by the owners licensee. A person or

15 entity is ineligible to receive an owners license if:

16  (1) the person has been convicted of a felony under

17  the laws of this State, any other state, or the United

18  States;

19  (2) the person has been convicted of any violation of

20  Article 28 of the Criminal Code of 1961 or the Criminal

21  Code of 2012, or substantially similar laws of any other

22  jurisdiction;

23  (3) the person has submitted an application for a

24  license under this Act which contains false information;

25  (4) the person is a member of the Board;

26  (5) a person defined in (1), (2), (3), or (4) is an
    SB3019 Enrolled       - 710 - LRB104 20255 HLH 33706 b

1   officer, director, or managerial employee of the entity;

2        (6) the entity employs a person defined in (1), (2),

3   (3), or (4) who participates in the management or

4   operation of gambling operations authorized under this

5   Act;

6        (7) (blank); or

7        (8) a license of the person or entity issued under

8   this Act, or a license to own or operate gambling

9   facilities in any other jurisdiction, has been revoked.

10  The Board is expressly prohibited from making changes to

11 the requirement that licensees make payment into the Horse

12 Racing Equity Trust Fund without the express authority of the

13 Illinois General Assembly and making any other rule to

14 implement or interpret Public Act 95-1008. For the purposes of

15 this paragraph, "rules" is given the meaning given to that

16 term in Section 1-70 of the Illinois Administrative Procedure

17 Act.

18  (b) In determining whether to grant an owners license to

19 an applicant, the Board shall consider:

20       (1) the character, reputation, experience, and

21  financial integrity of the applicants and of any other or

22  separate person that either:

23        (A) controls, directly or indirectly, such

24       applicant; or

25        (B) is controlled, directly or indirectly, by such

26       applicant or by a person which controls, directly or
    SB3019 Enrolled       - 711 - LRB104 20255 HLH 33706 b

1   indirectly, such applicant;

2   (2) the facilities or proposed facilities for the

3   conduct of gambling;

4   (3) the highest prospective total revenue to be

5   derived by the State from the conduct of gambling;

6   (4) the extent to which the ownership of the applicant

7   reflects the diversity of the State by including minority

8   persons, women, and persons with a disability and the good

9   faith affirmative action plan of each applicant to

10  recruit, train, and upgrade minority persons, women, and

11  persons with a disability in all employment

12  classifications; the Board shall further consider granting

13  an owners license and giving preference to an applicant

14  under this Section to applicants in which minority persons

15  and women hold ownership interest of at least 16% and 4%,

16  respectively;

17  (4.5) the extent to which the ownership of the

18  applicant includes veterans of service in the armed forces

19  of the United States, and the good faith affirmative

20  action plan of each applicant to recruit, train, and

21  upgrade veterans of service in the armed forces of the

22  United States in all employment classifications;

23  (5) the financial ability of the applicant to purchase

24  and maintain adequate liability and casualty insurance;

25  (6) whether the applicant has adequate capitalization

26  to provide and maintain, for the duration of a license, a
    SB3019 Enrolled       - 712 - LRB104 20255 HLH 33706 b

1   riverboat or casino;

2   (7) the extent to which the applicant exceeds or meets

3   other standards for the issuance of an owners license

4   which the Board may adopt by rule;

5   (8) the amount of the applicant's license bid;

6   (9) the extent to which the applicant or the proposed

7   host municipality plans to enter into revenue sharing

8   agreements with communities other than the host

9   municipality;

10  (10) the extent to which the ownership of an applicant

11  includes the most qualified number of minority persons,

12  women, and persons with a disability; and

13  (11) whether the applicant has entered into a fully

14  executed construction project labor agreement with the

15  applicable local building trades council.

16  (c) Each owners license shall specify the place where the

17 casino shall operate or the riverboat shall operate and dock.

18  (d) Each applicant shall submit with his or her

19 application, on forms provided by the Board, 2 sets of his or

20 her fingerprints.

21  (e) In addition to any licenses authorized under

22 subsection (e-5) of this Section, the Board may issue up to 10

23 licenses authorizing the holders of such licenses to own

24 riverboats. In the application for an owners license, the

25 applicant shall state the dock at which the riverboat is based

26 and the water on which the riverboat will be located. The Board
SB3019 Enrolled  - 713 - LRB104 20255 HLH 33706 b

 1 shall issue 5 licenses to become effective not earlier than
 2 January 1, 1991. Three of such licenses shall authorize
 3 riverboat gambling on the Mississippi River, or, with approval
 4 by the municipality in which the riverboat was docked on
 5 August 7, 2003 and with Board approval, be authorized to
 6 relocate to a new location, in a municipality that (1) borders
 7 on the Mississippi River or is within 5 miles of the city
 8 limits of a municipality that borders on the Mississippi River
 9 and (2) on August 7, 2003, had a riverboat conducting
10 riverboat gambling operations pursuant to a license issued
11 under this Act; one of which shall authorize riverboat
12 gambling from a home dock in the city of East St. Louis; and
13 one of which shall authorize riverboat gambling from a home
14 dock in the City of Alton. One other license shall authorize
15 riverboat gambling on the Illinois River in the City of East
16 Peoria or, with Board approval, shall authorize land-based
17 gambling operations anywhere within the corporate limits of
18 the City of Peoria. The Board shall issue one additional
19 license to become effective not earlier than March 1, 1992,
20 which shall authorize riverboat gambling on the Des Plaines
21 River in Will County. The Board may issue 4 additional
22 licenses to become effective not earlier than March 1, 1992.
23 In determining the water upon which riverboats will operate,
24 the Board shall consider the economic benefit which riverboat
25 gambling confers on the State, and shall seek to ensure assure
26 that all regions of the State share in the economic benefits of
    SB3019 Enrolled      - 714 - LRB104 20255 HLH 33706 b

1 riverboat gambling.

2   In granting all licenses, the Board may give favorable

3 consideration to economically depressed areas of the State, to

4 applicants presenting plans which provide for significant

5 economic development over a large geographic area, and to

6 applicants who currently operate non-gambling riverboats in

7 Illinois. The Board shall review all applications for owners

8 licenses, and shall inform each applicant of the Board's

9 decision. The Board may grant an owners license to an

10 applicant that has not submitted the highest license bid, but

11 if it does not select the highest bidder, the Board shall issue

12 a written decision explaining why another applicant was

13 selected and identifying the factors set forth in this Section

14 that favored the winning bidder. The fee for issuance or

15 renewal of a license pursuant to this subsection (e) shall be

16 $250,000.

17  (e-5) In addition to licenses authorized under subsection

18 (e) of this Section:

19  (1) the Board may issue one owners license authorizing

20  the conduct of casino gambling in the City of Chicago;

21  (2) the Board may issue one owners license authorizing

22  the conduct of riverboat gambling in the City of Danville;

23  (3) the Board may issue one owners license authorizing

24  the conduct of riverboat gambling in the City of Waukegan;

25  (4) the Board may issue one owners license authorizing

26  the conduct of riverboat gambling in the City of Rockford;
    SB3019 Enrolled  - 715 - LRB104 20255 HLH 33706 b

1   (5) the Board may issue one owners license authorizing

2   the conduct of riverboat gambling in a municipality that

3   is wholly or partially located in one of the following

4   townships of Cook County: Bloom, Bremen, Calumet, Rich,

5   Thornton, or Worth Township; and

6   (6) the Board may issue one owners license authorizing

7   the conduct of riverboat gambling in the unincorporated

8   area of Williamson County adjacent to the Big Muddy River.

9   Except for the license authorized under paragraph (1),

10 each application for a license pursuant to this subsection

11 (e-5) shall be submitted to the Board no later than 120 days

12 after June 28, 2019 (the effective date of Public Act 101-31).

13 All applications for a license under this subsection (e-5)

14 shall include the nonrefundable application fee and the

15 nonrefundable background investigation fee as provided in

16 subsection (d) of Section 6 of this Act. In the event that an

17 applicant submits an application for a license pursuant to

18 this subsection (e-5) prior to June 28, 2019 (the effective

19 date of Public Act 101-31), such applicant shall submit the

20 nonrefundable application fee and background investigation fee

21 as provided in subsection (d) of Section 6 of this Act no later

22 than 6 months after June 28, 2019 (the effective date of Public

23 Act 101-31).

24  The Board shall consider issuing a license pursuant to

25 paragraphs (1) through (6) of this subsection only after the

26 corporate authority of the municipality or the county board of
    SB3019 Enrolled  - 716 - LRB104 20255 HLH 33706 b

1 the county in which the riverboat or casino shall be located

2 has certified to the Board the following:

3   (i) that the applicant has negotiated with the

4   corporate authority or county board in good faith;

5   (ii) that the applicant and the corporate authority or

6   county board have mutually agreed on the permanent

7   location of the riverboat or casino;

8   (iii) that the applicant and the corporate authority

9   or county board have mutually agreed on the temporary

10  location of the riverboat or casino;

11  (iv) that the applicant and the corporate authority or

12  the county board have mutually agreed on the percentage of

13  revenues that will be shared with the municipality or

14  county, if any;

15  (v) that the applicant and the corporate authority or

16  county board have mutually agreed on any zoning,

17  licensing, public health, or other issues that are within

18  the jurisdiction of the municipality or county;

19  (vi) that the corporate authority or county board has

20  passed a resolution or ordinance in support of the

21  riverboat or casino in the municipality or county;

22  (vii) that the applicant for a license under paragraph

23  (1) has made a public presentation concerning its casino

24  proposal; and

25  (viii) that the applicant for a license under

26  paragraph (1) has prepared a summary of its casino
    SB3019 Enrolled  - 717 - LRB104 20255 HLH 33706 b

1   proposal and such summary has been posted on a public

2   website of the municipality or the county.

3   At least 7 days before the corporate authority of a

4 municipality or county board of the county submits a

5 certification to the Board concerning items (i) through (viii)

6 of this subsection, it shall hold a public hearing to discuss

7 items (i) through (viii), as well as any other details

8 concerning the proposed riverboat or casino in the

9 municipality or county. The corporate authority or county

10 board must subsequently memorialize the details concerning the

11 proposed riverboat or casino in a resolution that must be

12 adopted by a majority of the corporate authority or county

13 board before any certification is sent to the Board. The Board

14 shall not alter, amend, change, or otherwise interfere with

15 any agreement between the applicant and the corporate

16 authority of the municipality or county board of the county

17 regarding the location of any temporary or permanent facility.

18  In addition, within 10 days after June 28, 2019 (the

19 effective date of Public Act 101-31), the Board, with consent

20 and at the expense of the City of Chicago, shall select and

21 retain the services of a nationally recognized casino gaming

22 feasibility consultant. Within 45 days after June 28, 2019

23 (the effective date of Public Act 101-31), the consultant

24 shall prepare and deliver to the Board a study concerning the

25 feasibility of, and the ability to finance, a casino in the

26 City of Chicago. The feasibility study shall be delivered to
    SB3019 Enrolled  - 718 - LRB104 20255 HLH 33706 b

1 the Mayor of the City of Chicago, the Governor, the President

2 of the Senate, and the Speaker of the House of

3 Representatives. Ninety days after receipt of the feasibility

4 study, the Board shall make a determination, based on the

5 results of the feasibility study, whether to recommend to the

6 General Assembly that the terms of the license under paragraph

7 (1) of this subsection (e-5) should be modified. The Board may

8 begin accepting applications for the owners license under

9 paragraph (1) of this subsection (e-5) upon the determination

10 to issue such an owners license.

11  In addition, prior to the Board issuing the owners license

12 authorized under paragraph (4) of this subsection (e-5), an

13 impact study shall be completed to determine what location in

14 the city will provide the greater impact to the region,

15 including the creation of jobs and the generation of tax

16 revenue.

17  (e-10) The licenses authorized under subsection (e-5) of

18 this Section shall be issued within 12 months after the date

19 the license application is submitted. If the Board does not

20 issue the licenses within that time period, then the Board

21 shall give a written explanation to the applicant as to why it

22 has not reached a determination and when it reasonably expects

23 to make a determination. The fee for the issuance or renewal of

24 a license issued pursuant to this subsection (e-10) shall be

25 $250,000. Additionally, a licensee located outside of Cook

26 County shall pay a minimum initial fee of $17,500 per gaming
    SB3019 Enrolled  - 719 - LRB104 20255 HLH 33706 b

1 position, and a licensee located in Cook County shall pay a

2 minimum initial fee of $30,000 per gaming position. The

3 initial fees payable under this subsection (e-10) shall be

4 deposited into the Rebuild Illinois Projects Fund. If at any

5 point after June 1, 2020 there are no pending applications for

6 a license under subsection (e-5) and not all licenses

7 authorized under subsection (e-5) have been issued, then the

8 Board shall reopen the license application process for those

9 licenses authorized under subsection (e-5) that have not been

10 issued. The Board shall follow the licensing process provided

11 in subsection (e-5) with all time frames tied to the last date

12 of a final order issued by the Board under subsection (e-5)

13 rather than the effective date of the amendatory Act.

14  (e-15) Each licensee of a license authorized under

15 subsection (e-5) of this Section shall make a reconciliation

16 payment 3 years after the date the licensee begins operating

17 in an amount equal to 75% of the adjusted gross receipts for

18 the most lucrative 12-month period of operations, minus an

19 amount equal to the initial payment per gaming position paid

20 by the specific licensee. Each licensee shall pay a

21 $15,000,000 reconciliation fee upon issuance of an owners

22 license. If this calculation results in a negative amount,

23 then the licensee is not entitled to any reimbursement of fees

24 previously paid. This reconciliation payment may be made in

25 installments over a period of no more than 6 years.

26  All payments by licensees under this subsection (e-15)
    SB3019 Enrolled  - 720 - LRB104 20255 HLH 33706 b

1 shall be deposited into the Rebuild Illinois Projects Fund.

2   (e-20) In addition to any other revocation powers granted

3 to the Board under this Act, the Board may revoke the owners

4 license of a licensee which fails to begin conducting gambling

5 within 15 months of receipt of the Board's approval of the

6 application if the Board determines that license revocation is

7 in the best interests of the State.

8   (f) The first 10 owners licenses issued under this Act

9 shall permit the holder to own up to 2 riverboats and equipment

10 thereon for a period of 3 years after the effective date of the

11 license. Holders of the first 10 owners licenses must pay the

12 annual license fee for each of the 3 years during which they

13 are authorized to own riverboats.

14  (g) Upon the termination, expiration, or revocation of

15 each of the first 10 licenses, which shall be issued for a

16 3-year period, all licenses are renewable annually upon

17 payment of the fee and a determination by the Board that the

18 licensee continues to meet all of the requirements of this Act

19 and the Board's rules. However, for licenses renewed on or

20 after June 10, 2021 (the effective date of Public Act 102-13)

21 this amendatory Act of the 102nd General Assembly, renewal

22 shall be for a period of 4 years.

23  (h) An owners license, except for an owners license issued

24 under subsection (e-5) of this Section, shall entitle the

25 licensee to own up to 2 riverboats.

26  An owners licensee of a casino or riverboat that is
    SB3019 Enrolled  - 721 - LRB104 20255 HLH 33706 b

1 located in the City of Chicago pursuant to paragraph (1) of

2 subsection (e-5) of this Section shall limit the number of

3 gaming positions to 4,000 for such owner. An owners licensee

4 authorized under subsection (e) or paragraph (2), (3), (4), or

5 (5) of subsection (e-5) of this Section shall limit the number

6 of gaming positions to 2,000 for any such owners license. An

7 owners licensee authorized under paragraph (6) of subsection

8 (e-5) of this Section shall limit the number of gaming

9 positions to 1,200 for such owner. The initial fee for each

10 gaming position obtained on or after June 28, 2019 (the

11 effective date of Public Act 101-31) shall be a minimum of

12 $17,500 for licensees not located in Cook County and a minimum

13 of $30,000 for licensees located in Cook County, in addition

14 to the reconciliation payment, as set forth in subsection

15 (e-15) of this Section. The fees under this subsection (h)

16 shall be deposited into the Rebuild Illinois Projects Fund.

17 The fees under this subsection (h) that are paid by an owners

18 licensee authorized under subsection (e) shall be paid by July

19 1, 2021.

20  Each owners licensee under subsection (e) of this Section

21 shall reserve its gaming positions within 30 days after June

22 28, 2019 (the effective date of Public Act 101-31). The Board

23 may grant an extension to this 30-day period, provided that

24 the owners licensee submits a written request and explanation

25 as to why it is unable to reserve its positions within the

26 30-day period.
    SB3019 Enrolled  - 722 - LRB104 20255 HLH 33706 b

1   Each owners licensee under subsection (e-5) of this

2 Section shall reserve its gaming positions within 30 days

3 after issuance of its owners license. The Board may grant an

4 extension to this 30-day period, provided that the owners

5 licensee submits a written request and explanation as to why

6 it is unable to reserve its positions within the 30-day

7 period.

8   A licensee may operate both of its riverboats

9 concurrently, provided that the total number of gaming

10 positions on both riverboats does not exceed the limit

11 established pursuant to this subsection. Riverboats licensed

12 to operate on the Mississippi River and the Illinois River

13 south of Marshall County shall have an authorized capacity of

14 at least 500 persons. Any other riverboat licensed under this

15 Act shall have an authorized capacity of at least 400 persons.

16  (h-5) An owners licensee who conducted gambling operations

17 prior to January 1, 2012 and obtains positions pursuant to

18 Public Act 101-31 shall make a reconciliation payment 3 years

19 after any additional gaming positions begin operating in an

20 amount equal to 75% of the owners licensee's average gross

21 receipts for the most lucrative 12-month period of operations

22 minus an amount equal to the initial fee that the owners

23 licensee paid per additional gaming position. For purposes of

24 this subsection (h-5), "average gross receipts" means (i) the

25 increase in adjusted gross receipts for the most lucrative

26 12-month period of operations over the adjusted gross receipts
    SB3019 Enrolled  - 723 - LRB104 20255 HLH 33706 b

1 for 2019, multiplied by (ii) the percentage derived by

2 dividing the number of additional gaming positions that an

3 owners licensee had obtained by the total number of gaming

4 positions operated by the owners licensee. If this calculation

5 results in a negative amount, then the owners licensee is not

6 entitled to any reimbursement of fees previously paid. This

7 reconciliation payment may be made in installments over a

8 period of no more than 6 years. These reconciliation payments

9 shall be deposited into the Rebuild Illinois Projects Fund.

10  (i) A licensed owner is authorized to apply to the Board

11 for and, if approved therefor, to receive all licenses from

12 the Board necessary for the operation of a riverboat or

13 casino, including a liquor license, a license to prepare and

14 serve food for human consumption, and other necessary

15 licenses. All use, occupation, and excise taxes which apply to

16 the sale of food and beverages in this State and all taxes

17 imposed on the sale or use of tangible personal property apply

18 to such sales aboard the riverboat or in the casino.

19  (j) The Board may issue or re-issue a license authorizing

20 a riverboat to dock in a municipality or approve a relocation

21 under Section 11.2 only if, prior to the issuance or

22 re-issuance of the license or approval, the governing body of

23 the municipality in which the riverboat will dock has by a

24 majority vote approved the docking of riverboats in the

25 municipality. The Board may issue or re-issue a license

26 authorizing a riverboat to dock in areas of a county outside
   SB3019 Enrolled  - 724 - LRB104 20255 HLH 33706 b

1 any municipality or approve a relocation under Section 11.2

2 only if, prior to the issuance or re-issuance of the license or

3 approval, the governing body of the county has by a majority

4 vote approved of the docking of riverboats within such areas.

5  (k) An owners licensee may conduct land-based gambling

6 operations upon approval by the Board and payment of a fee of

7 $250,000, which shall be deposited into the State Gaming Fund.

8  (l) An owners licensee may conduct gaming at a temporary

9 facility pending the construction of a permanent facility or

10 the remodeling or relocation of an existing facility to

11 accommodate gaming participants for up to 24 months after the

12 temporary facility begins to conduct gaming. Upon request by

13 an owners licensee and upon a showing of good cause by the

14 owners licensee: (i) for a licensee authorized under paragraph

15 (3) of subsection (e-5), upon payment of an administrative fee

16 of $10,000, the Board may shall extend the period during which

17 the licensee may conduct gaming at a temporary facility by up

18 to 48 30 months; and (ii) for a licensee authorized under

19 paragraph (1) of subsection (e-5), upon payment of an

20 administrative fee of $10,000, the Board may extend the period

21 during which the licensee may conduct gaming at a temporary

22 facility by up to 18 months, and the Board may authorize no

23 more than 2 additional 3-month extensions; and (iii) for all

24 other licensees, the Board shall extend the period during

25 which the licensee may conduct gaming at a temporary facility

26 by up to 12 months. The Board shall make rules concerning the
    SB3019 Enrolled  - 725 - LRB104 20255 HLH 33706 b

1 conduct of gaming from temporary facilities.
2 (Source: P.A. 102-13, eff. 6-10-21; 102-558, eff. 8-20-21;
3 103-574, eff. 12-8-23; revised 6-26-25.)

4                    ARTICLE 95

5   Section 95-5. The Illinois Vehicle Code is amended by

6 changing Sections 15-111 and 15-312 as follows:

7   (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)

8   (Text of Section before amendment by P.A. 104-436)

9   Sec. 15-111. Wheel and axle loads and gross weights.

10  (a) No vehicle or combination of vehicles with pneumatic

11 tires may be operated, unladen or with load, when the total

12 weight on the road surface exceeds the following: 20,000

13 pounds on a single axle; 34,000 pounds on a tandem axle with no

14 axle within the tandem exceeding 20,000 pounds; 80,000 pounds

15 gross weight for vehicle combinations of 5 or more axles; or a

16 total weight on a group of 2 or more consecutive axles in

17 excess of that weight produced by the application of the

18 following formula: W = 500 times the sum of (LN divided by N-1)

19 + 12N + 36, where "W" equals overall total weight on any group

20 of 2 or more consecutive axles to the nearest 500 pounds, "L"

21 equals the distance measured to the nearest foot between

22 extremes of any group of 2 or more consecutive axles, and "N"

23 equals the number of axles in the group under consideration.
    SB3019 Enrolled          - 726 - LRB104 20255 HLH 33706 b

1   The above formula when expressed in tabular form results

2 in allowable loads as follows:

3 Distance measured

4 to the nearest

5 foot between the

6 extremes of any    Maximum weight in pounds

7 group of 2 or      of any group of

8 more consecutive   2 or more consecutive axles

9 axles

10       feet        2 axles 3 axles 4 axles 5 axles 6 axles

11       4           34,000

12       5           34,000

13       6           34,000

14       7           34,000

15       8           34,000* 34,000

16       Between 8

17       and 9       38,000       42,000

18       9           39,000       42,500

19       10          40,000       43,500

20       11                       44,000

21       12                       45,000 50,000

22       13                       45,500 50,500

23       14                       46,500 51,500

24       15                       47,000 52,000

25       16                       48,000 52,500 58,000
    SB3019 Enrolled  - 727 - LRB104 20255 HLH 33706 b

1   17                    48,500 53,500 58,500
                          49,500 54,000 59,000
2   18                    50,000 54,500 60,000
                          51,000 55,500 60,500 66,000
3   19                    51,500 56,000 61,000 66,500
                          52,500 56,500 61,500 67,000
4   20                    53,000 57,500 62,500 68,000
                          54,000 58,000 63,000 68,500
5   21                    54,500 58,500 63,500 69,000
                          55,500 59,500 64,000 69,500
6   22                    56,000 60,000 65,000 70,000
                          57,000 60,500 65,500 71,000
7   23                    57,500 61,500 66,000 71,500
                          58,500 62,000 66,500 72,000
8   24                    59,000 62,500 67,500 72,500
                          60,000 63,500 68,000 73,000
9   25
                                         64,000 68,500 74,000
10  26                                   64,500 69,000 74,500
                                         65,500 70,000 75,000
11  27                                66,000** 70,500 75,500
                                      66,500** 71,000 76,000
12  28                                67,500** 72,000 77,000
                                         68,000 72,500 77,500
13  29                                   68,500 73,000 78,000
                                         69,500 73,500 78,500
14  30                                   70,000 74,000 79,000

15  31

16  32

17  33

18  34

19  35

20  36

21  37

22  38

23  39

24  40

25  41

26  42
    SB3019 Enrolled  - 728 - LRB104 20255 HLH 33706 b

1   43                                   70,500 75,000 80,000

2   44                                   71,500 75,500

3   45                                   72,000 76,000

4   46                                   72,500 76,500

5   47                                   73,500 77,500

6   48                                   74,000 78,000

7   49                                   74,500 78,500

8   50                                   75,500 79,000

9   51                                   76,000 80,000

10  52                                   76,500

11  53                                   77,500

12  54                                   78,000

13  55                                   78,500

14  56                                   79,500

15  57                                   80,000

16 *If the distance between 2 axles is 96 inches or less, the 2

17 axles are tandem axles and the maximum total weight may not

18 exceed 34,000 pounds, notwithstanding the higher limit

19 resulting from the application of the formula.

20 **Two consecutive sets of tandem axles may carry 34,000 pounds

21 each if the overall distance between the first and last axles

22 of these tandems is 36 feet or more.

23  Vehicles not in a combination having more than 4 axles may

24 not exceed the weight in the table in this subsection (a) for 4

25 axles measured between the extreme axles of the vehicle.

26  Vehicles in a combination having more than 6 axles may not
    SB3019 Enrolled  - 729 - LRB104 20255 HLH 33706 b

1 exceed the weight in the table in this subsection (a) for 6

2 axles measured between the extreme axles of the combination.

3   Local authorities, with respect to streets and highways

4 under their jurisdiction, without additional fees, may also by

5 ordinance or resolution allow the weight limitations of this

6 subsection, provided the maximum gross weight on any one axle

7 shall not exceed 20,000 pounds and the maximum total weight on

8 any tandem axle shall not exceed 34,000 pounds, on designated

9 highways when appropriate regulatory signs giving notice are

10 erected upon the street or highway or portion of any street or

11 highway affected by the ordinance or resolution.

12  The following are exceptions to the above formula:

13  (1) Vehicles for which a different limit is

14  established and posted in accordance with Section 15-316

15  of this Code.

16  (2) Vehicles for which the Department of

17  Transportation and local authorities issue overweight

18  permits under authority of Section 15-301 of this Code.

19  These vehicles are not subject to the bridge formula.

20  (3) Cities having a population of more than 50,000 may

21  permit by ordinance axle loads on 2-axle motor vehicles 33

22  1/2% above those provided for herein, but the increase

23  shall not become effective until the city has officially

24  notified the Department of the passage of the ordinance

25  and shall not apply to those vehicles when outside of the

26  limits of the city, nor shall the gross weight of any
    SB3019 Enrolled        - 730 - LRB104 20255 HLH 33706 b

1   2-axle motor vehicle operating over any street of the city

2   exceed 40,000 pounds.

3   (4) Weight limitations shall not apply to vehicles

4   (including loads) operated by a public utility when

5   transporting equipment required for emergency repair of

6   public utility facilities or properties or water wells.

7   (4.5) A 3-axle or 4-axle vehicle (including when

8   laden) operated or hired by a municipality within Cook,

9   Lake, McHenry, Kane, DuPage, or Will county being operated

10  for the purpose of performing emergency sewer repair that

11  would be subject to a weight limitation less than 66,000

12  pounds under the formula in this subsection (a) shall have

13  a weight limitation of 66,000 pounds or the vehicle's

14  gross vehicle weight rating, whichever is less. This

15  paragraph (4.5) does not apply to vehicles being operated

16  on the National System of Interstate and Defense Highways,

17  or to vehicles being operated on bridges or other elevated

18  structures constituting a part of a highway.

19  (5) Two consecutive sets of tandem axles may carry a

20  total weight of 34,000 pounds each if the overall distance

21  between the first and last axles of the consecutive sets

22  of tandem axles is 36 feet or more, notwithstanding the

23  lower limit resulting from the application of the above

24  formula.

25  (6) A truck, not in combination and used exclusively

26  for the collection of rendering materials, may, when
    SB3019 Enrolled  - 731 - LRB104 20255 HLH 33706 b

1   laden, transmit upon the road surface, except when on part

2   of the National System of Interstate and Defense Highways,

3   the following maximum weights: 22,000 pounds on a single

4   axle; 40,000 pounds on a tandem axle.

5   (7) A truck not in combination, equipped with a self

6   compactor or an industrial roll-off hoist and roll-off

7   container, used exclusively for garbage, refuse, or

8   recycling operations, may, when laden, transmit upon the

9   road surface, except when on part of the National System

10  of Interstate and Defense Highways, the following maximum

11  weights: 22,000 pounds on a single axle; 40,000 pounds on

12  a tandem axle; 40,000 pounds gross weight on a 2-axle

13  vehicle; 54,000 pounds gross weight on a 3-axle vehicle.

14  This vehicle is not subject to the bridge formula.

15  (7.5) A 3-axle rear discharge truck mixer registered

16  as a Special Hauling Vehicle, used exclusively for the

17  mixing and transportation of concrete in the plastic

18  state, may, when laden, transmit upon the road surface,

19  except when on part of the National System of Interstate

20  and Defense Highways, the following maximum weights:

21  22,000 pounds on single axle; 40,000 pounds on a tandem

22  axle; 54,000 pounds gross weight on a 3-axle vehicle. This

23  vehicle is not subject to the bridge formula.

24  (8) Except as provided in paragraph (7.5) of this

25  subsection (a), tandem axles on a 3-axle truck registered

26  as a Special Hauling Vehicle, manufactured prior to or in
    SB3019 Enrolled  - 732 - LRB104 20255 HLH 33706 b

1   the model year of 2024 and first registered in Illinois

2   prior to January 1, 2025, with a distance greater than 72

3   inches but not more than 96 inches between any series of 2

4   axles, is allowed a combined weight on the series not to

5   exceed 36,000 pounds and neither axle of the series may

6   exceed 20,000 pounds. Any vehicle of this type

7   manufactured after the model year of 2024 or first

8   registered in Illinois after December 31, 2024 may not

9   exceed a combined weight of 34,000 pounds through the

10  series of 2 axles and neither axle of the series may exceed

11  20,000 pounds.

12  A 3-axle combination sewer cleaning jetting vacuum

13  truck registered as a Special Hauling Vehicle, used

14  exclusively for the transportation of non-hazardous solid

15  waste, manufactured before or in the model year of 2014,

16  first registered in Illinois before January 1, 2015, may,

17  when laden, transmit upon the road surface, except when on

18  part of the National System of Interstate and Defense

19  Highways, the following maximum weights: 22,000 pounds on

20  a single axle; 40,000 pounds on a tandem axle; 54,000

21  pounds gross weight on a 3-axle vehicle. This vehicle is

22  not subject to the bridge formula.

23  (9) A 4-axle truck mixer registered as a Special

24  Hauling Vehicle, used exclusively for the mixing and

25  transportation of concrete in the plastic state, and not

26  operated on a highway that is part of the National System
    SB3019 Enrolled  - 733 - LRB104 20255 HLH 33706 b

1   of Interstate Highways, is allowed the following maximum

2   weights: 20,000 pounds on any single axle; 36,000 pounds

3   on a series of axles greater than 72 inches but not more

4   than 96 inches; and 34,000 pounds on any series of 2 axles

5   greater than 40 inches but not more than 72 inches. The

6   gross weight of this vehicle may not exceed the weights

7   allowed by the bridge formula for 4 axles. The bridge

8   formula does not apply to any series of 3 axles while the

9   vehicle is transporting concrete in the plastic state, but

10  no axle or tandem axle of the series may exceed the maximum

11  weight permitted under this paragraph (9) of subsection

12  (a).

13  (10) Combinations of vehicles, registered as Special

14  Hauling Vehicles that include a semitrailer manufactured

15  prior to or in the model year of 2024, and registered in

16  Illinois prior to January 1, 2025, having 5 axles with a

17  distance of 42 feet or less between extreme axles, may not

18  exceed the following maximum weights: 20,000 pounds on a

19  single axle; 34,000 pounds on a tandem axle; and 72,000

20  pounds gross weight. This combination of vehicles is not

21  subject to the bridge formula. For all those combinations

22  of vehicles that include a semitrailer manufactured after

23  the effective date of P.A. 92-0417, the overall distance

24  between the first and last axles of the 2 sets of tandems

25  must be 18 feet 6 inches or more. Any combination of

26  vehicles that has had its cargo container replaced in its
    SB3019 Enrolled  - 734 - LRB104 20255 HLH 33706 b

1   entirety after December 31, 2024 may not exceed the

2   weights allowed by the bridge formula.

3   (11) The maximum weight allowed on a vehicle with

4   crawler type tracks is 40,000 pounds.

5   (12) A combination of vehicles, including a tow truck

6   and a disabled vehicle or disabled combination of

7   vehicles, that exceeds the weight restriction imposed by

8   this Code, may be operated on a public highway in this

9   State provided that neither the disabled vehicle nor any

10  vehicle being towed nor the tow truck itself shall exceed

11  the weight limitations permitted under this Chapter.

12  During the towing operation, neither the tow truck nor the

13  vehicle combination shall exceed 24,000 pounds on a single

14  rear axle and 44,000 pounds on a tandem rear axle,

15  provided the towing vehicle:

16  (i) is specifically designed as a tow truck having

17  a gross vehicle weight rating of at least 18,000

18  pounds and is equipped with air brakes, provided that

19  air brakes are required only if the towing vehicle is

20  towing a vehicle, semitrailer, or tractor-trailer

21  combination that is equipped with air brakes;

22  (ii) is equipped with flashing, rotating, or

23  oscillating amber lights, visible for at least 500

24  feet in all directions;

25  (iii) is capable of utilizing the lighting and

26  braking systems of the disabled vehicle or combination
    SB3019 Enrolled   - 735 - LRB104 20255 HLH 33706 b

1   of vehicles; and

2   (iv) does not engage in a tow exceeding 20 miles

3   from the initial point of wreck or disablement. Any

4   additional movement of the vehicles may occur only

5   upon issuance of authorization for that movement under

6   the provisions of Sections 15-301 through 15-318 of

7   this Code. The towing vehicle, however, may tow any

8   disabled vehicle to a point where repairs are actually

9   to occur. This movement shall be valid only on State

10  routes. The tower must abide by posted bridge weight

11  limits.

12  (12.5) The vehicle weight limitations in this Section

13  do not apply to a covered heavy duty tow and recovery

14  vehicle. The covered heavy duty tow and recovery vehicle

15  license plate must cover the operating empty weight of the

16  covered heavy duty tow and recovery vehicle only.

17  (13) Upon and during a declaration of an emergency

18  propane supply disaster by the Governor under Section 7 of

19  the Illinois Emergency Management Agency Act:

20  (i) a truck not in combination, equipped with a

21  cargo tank, used exclusively for the transportation of

22  propane or liquefied petroleum gas may, when laden,

23  transmit upon the road surface, except when on part of

24  the National System of Interstate and Defense

25  Highways, the following maximum weights: 22,000 pounds

26  on a single axle; 40,000 pounds on a tandem axle;
    SB3019 Enrolled        - 736 - LRB104 20255 HLH 33706 b

1   40,000 pounds gross weight on a 2-axle vehicle; 54,000

2   pounds gross weight on a 3-axle vehicle; and

3   (ii) a truck when in combination with a trailer

4   equipped with a cargo tank used exclusively for the

5   transportation of propane or liquefied petroleum gas

6   may, when laden, transmit upon the road surface,

7   except when on part of the National System of

8   Interstate and Defense Highways, the following maximum

9   weights: 22,000 pounds on a single axle; 40,000 pounds

10  on a tandem axle; 90,000 pounds gross weight on a

11  5-axle or 6-axle vehicle.

12  Vehicles operating under this paragraph (13) are not

13  subject to the bridge formula.

14  (14) A vehicle or combination of vehicles that uses

15  natural gas or propane gas as a motor fuel may exceed the

16  above weight limitations by up to 2,000 pounds, the total

17  allowance is calculated by an amount that is equal to the

18  difference between the weight of the vehicle attributable

19  to the natural gas or propane gas tank and fueling system

20  carried by the vehicle, and the weight of a comparable

21  diesel tank and fueling system. This paragraph (14) shall

22  not allow a vehicle to exceed any posted weight limit on a

23  highway or structure.

24  (15) An emergency vehicle or fire apparatus that is a

25  vehicle designed to be used under emergency conditions to

26  transport personnel and equipment, and used to support the
    SB3019 Enrolled  - 737 - LRB104 20255 HLH 33706 b

1   suppression of fires and mitigation of other hazardous

2   situations on a Class I highway, may not exceed 86,000

3   pounds gross weight, or any of the following weight

4   allowances:

5   (i) 24,000 pounds on a single steering axle;

6   (ii) 33,500 pounds on a single drive axle;

7   (iii) 62,000 pounds on a tandem axle; or

8   (iv) 52,000 pounds on a tandem rear drive steer

9   axle.

10  (16) A bus, motor coach, or recreational vehicle may

11  carry a total weight of 24,000 pounds on a single axle, but

12  may not exceed other weight provisions of this Section.

13  Gross weight limits shall not apply to the combination of

14 the tow truck and vehicles being towed. The tow truck license

15 plate must cover the operating empty weight of the tow truck

16 only. The weight of each vehicle being towed shall be covered

17 by a valid license plate issued to the owner or operator of the

18 vehicle being towed and displayed on that vehicle. If no valid

19 plate issued to the owner or operator of that vehicle is

20 displayed on that vehicle, or the plate displayed on that

21 vehicle does not cover the weight of the vehicle, the weight of

22 the vehicle shall be covered by the third tow truck plate

23 issued to the owner or operator of the tow truck and

24 temporarily affixed to the vehicle being towed. If a roll-back

25 carrier is registered and being used as a tow truck, however,

26 the license plate or plates for the tow truck must cover the
    SB3019 Enrolled       - 738 - LRB104 20255 HLH 33706 b

1 gross vehicle weight, including any load carried on the bed of

2 the roll-back carrier.

3   The Department may by rule or regulation prescribe

4 additional requirements. However, nothing in this Code shall

5 prohibit a tow truck under instructions of a police officer

6 from legally clearing a disabled vehicle, that may be in

7 violation of weight limitations of this Chapter, from the

8 roadway to the berm or shoulder of the highway. If in the

9 opinion of the police officer that location is unsafe, the

10 officer is authorized to have the disabled vehicle towed to

11 the nearest place of safety.

12  For the purpose of this subsection, gross vehicle weight

13 rating, or GVWR, means the value specified by the manufacturer

14 as the loaded weight of the tow truck.

15  (b) As used in this Section, "recycling haul" or

16 "recycling operation" means the hauling of non-hazardous,

17 non-special, non-putrescible materials, such as paper, glass,

18 cans, or plastic, for subsequent use in the secondary

19 materials market.

20  (c) No vehicle or combination of vehicles equipped with

21 pneumatic tires shall be operated, unladen or with load, upon

22 the highways of this State in violation of the provisions of

23 any permit issued under the provisions of Sections 15-301

24 through 15-318 of this Chapter.

25  (d) No vehicle or combination of vehicles equipped with

26 other than pneumatic tires may be operated, unladen or with
    SB3019 Enrolled  - 739 - LRB104 20255 HLH 33706 b

1 load, upon the highways of this State when the gross weight on

2 the road surface through any wheel exceeds 800 pounds per inch

3 width of tire tread or when the gross weight on the road

4 surface through any axle exceeds 16,000 pounds.

5   (e) No person shall operate a vehicle or combination of

6 vehicles over a bridge or other elevated structure

7 constituting part of a highway with a gross weight that is

8 greater than the maximum weight permitted by the Department,

9 when the structure is sign posted as provided in this Section.

10  (f) The Department upon request from any local authority

11 shall, or upon its own initiative may, conduct an

12 investigation of any bridge or other elevated structure

13 constituting a part of a highway, and if it finds that the

14 structure cannot with safety to itself withstand the weight of

15 vehicles otherwise permissible under this Code the Department

16 shall determine and declare the maximum weight of vehicles

17 that the structures can withstand, and shall cause or permit

18 suitable signs stating maximum weight to be erected and

19 maintained before each end of the structure. No person shall

20 operate a vehicle or combination of vehicles over any

21 structure with a gross weight that is greater than the posted

22 maximum weight.

23  (g) Upon the trial of any person charged with a violation

24 of subsection (e) or (f) of this Section, proof of the

25 determination of the maximum allowable weight by the

26 Department and the existence of the signs, constitutes
    SB3019 Enrolled   - 740 - LRB104 20255 HLH 33706 b

1 conclusive evidence of the maximum weight that can be
2 maintained with safety to the bridge or structure.
3 (Source: P.A. 102-124, eff. 7-23-21.)

4   (Text of Section after amendment by P.A. 104-436)

5   Sec. 15-111. Wheel and axle loads and gross weights.

6   (a) No vehicle or combination of vehicles with pneumatic

7 tires may be operated, unladen or with load, when the total

8 weight on the road surface exceeds the following: 20,000

9 pounds on a single axle; 34,000 pounds on a tandem axle with no

10 axle within the tandem exceeding 20,000 pounds; 80,000 pounds

11 gross weight for vehicle combinations of 5 or more axles; or a

12 total weight on a group of 2 or more consecutive axles in

13 excess of that weight produced by the application of the

14 following formula: W = 500 times the sum of (LN divided by N-1)

15 + 12N + 36, where "W" equals overall total weight on any group

16 of 2 or more consecutive axles to the nearest 500 pounds, "L"

17 equals the distance measured to the nearest foot between

18 extremes of any group of 2 or more consecutive axles, and "N"

19 equals the number of axles in the group under consideration.

20  The above formula when expressed in tabular form results

21 in allowable loads as follows:

22 Distance measured
23 to the nearest
24 foot between the
    SB3019 Enrolled          - 741 - LRB104 20255 HLH 33706 b

1 extremes of any    Maximum weight in pounds

2 group of 2 or      of any group of

3 more consecutive   2 or more consecutive axles

4 axles

5        feet        2 axles 3 axles 4 axles 5 axles 6 axles

6        4           34,000

7        5           34,000

8        6           34,000

9        7           34,000

10       8           34,000* 34,000

11       Between 8

12       and 9       38,000  42,000

13       9           39,000  42,500

14       10          40,000  43,500

15       11                  44,000

16       12                  45,000 50,000

17       13                  45,500 50,500

18       14                  46,500 51,500

19       15                  47,000 52,000

20       16                  48,000 52,500 58,000

21       17                  48,500 53,500 58,500

22       18                  49,500 54,000 59,000

23       19                  50,000 54,500 60,000

24       20                  51,000 55,500 60,500 66,000

25       21                  51,500 56,000 61,000 66,500

26       22                  52,500 56,500 61,500 67,000
    SB3019 Enrolled  - 742 - LRB104 20255 HLH 33706 b

1   23                    53,000 57,500 62,500 68,000
                          54,000 58,000 63,000 68,500
2   24                    54,500 58,500 63,500 69,000
                          55,500 59,500 64,000 69,500
3   25                    56,000 60,000 65,000 70,000
                          57,000 60,500 65,500 71,000
4   26                    57,500 61,500 66,000 71,500
                          58,500 62,000 66,500 72,000
5   27                    59,000 62,500 67,500 72,500
                          60,000 63,500 68,000 73,000
6   28
                                         64,000 68,500 74,000
7   29                                   64,500 69,000 74,500
                                         65,500 70,000 75,000
8   30                                66,000** 70,500 75,500
                                      66,500** 71,000 76,000
9   31                                67,500** 72,000 77,000
                                         68,000 72,500 77,500
10  32                                   68,500 73,000 78,000
                                         69,500 73,500 78,500
11  33                                   70,000 74,000 79,000
                                         70,500 75,000 80,000
12  34                                   71,500 75,500
                                         72,000 76,000
13  35                                   72,500 76,500
                                         73,500 77,500
14  36                                   74,000 78,000

15  37

16  38

17  39

18  40

19  41

20  42

21  43

22  44

23  45

24  46

25  47

26  48
    SB3019 Enrolled  - 743 - LRB104 20255 HLH 33706 b

1   49                                   74,500 78,500

2   50                                   75,500 79,000

3   51                                   76,000 80,000

4   52                                   76,500

5   53                                   77,500

6   54                                   78,000

7   55                                   78,500

8   56                                   79,500

9   57                                   80,000

10 *If the distance between 2 axles is 96 inches or less, the 2

11 axles are tandem axles and the maximum total weight may not

12 exceed 34,000 pounds, notwithstanding the higher limit

13 resulting from the application of the formula.

14 **Two consecutive sets of tandem axles may carry 34,000 pounds

15 each if the overall distance between the first and last axles

16 of these tandems is 36 feet or more.

17  Vehicles not in a combination having more than 4 axles may

18 not exceed the weight in the table in this subsection (a) for 4

19 axles measured between the extreme axles of the vehicle.

20  Vehicles in a combination having more than 6 axles may not

21 exceed the weight in the table in this subsection (a) for 6

22 axles measured between the extreme axles of the combination.

23  Local authorities, with respect to streets and highways

24 under their jurisdiction, without additional fees, may also by

25 ordinance or resolution allow the weight limitations of this

26 subsection, provided the maximum gross weight on any one axle
    SB3019 Enrolled        - 744 - LRB104 20255 HLH 33706 b

1 shall not exceed 20,000 pounds and the maximum total weight on

2 any tandem axle shall not exceed 34,000 pounds, on designated

3 highways when appropriate regulatory signs giving notice are

4 erected upon the street or highway or portion of any street or

5 highway affected by the ordinance or resolution.

6   The following are exceptions to the above formula:

7   (1) Vehicles for which a different limit is

8   established and posted in accordance with Section 15-316

9   of this Code.

10  (2) Vehicles for which the Department of

11  Transportation and local authorities issue overweight

12  permits under authority of Section 15-301 of this Code.

13  These vehicles are not subject to the bridge formula.

14  (3) Cities having a population of more than 50,000 may

15  permit by ordinance axle loads on 2-axle motor vehicles 33

16  1/2% above those provided for herein, but the increase

17  shall not become effective until the city has officially

18  notified the Department of the passage of the ordinance

19  and shall not apply to those vehicles when outside of the

20  limits of the city, nor shall the gross weight of any

21  2-axle motor vehicle operating over any street of the city

22  exceed 40,000 pounds.

23  (4) Weight limitations shall not apply to vehicles

24  (including loads) operated by a public utility when

25  transporting equipment required for emergency repair of

26  public utility facilities or properties or water wells.
    SB3019 Enrolled  - 745 - LRB104 20255 HLH 33706 b

1   (4.5) A 3-axle or 4-axle vehicle (including when

2   laden) operated or hired by a municipality within Cook,

3   Lake, McHenry, Kane, DuPage, or Will county being operated

4   for the purpose of performing emergency sewer repair that

5   would be subject to a weight limitation less than 66,000

6   pounds under the formula in this subsection (a) shall have

7   a weight limitation of 66,000 pounds or the vehicle's

8   gross vehicle weight rating, whichever is less. This

9   paragraph (4.5) does not apply to vehicles being operated

10  on the National System of Interstate and Defense Highways,

11  or to vehicles being operated on bridges or other elevated

12  structures constituting a part of a highway.

13  (5) Two consecutive sets of tandem axles may carry a

14  total weight of 34,000 pounds each if the overall distance

15  between the first and last axles of the consecutive sets

16  of tandem axles is 36 feet or more, notwithstanding the

17  lower limit resulting from the application of the above

18  formula.

19  (6) A truck, not in combination and used exclusively

20  for the collection of rendering materials, may, when

21  laden, transmit upon the road surface, except when on part

22  of the National System of Interstate and Defense Highways,

23  the following maximum weights: 22,000 pounds on a single

24  axle; 40,000 pounds on a tandem axle.

25  (7) A truck not in combination, equipped with a self

26  compactor or an industrial roll-off hoist and roll-off
    SB3019 Enrolled  - 746 - LRB104 20255 HLH 33706 b

1   container, used exclusively for garbage, refuse, or

2   recycling operations, may, when laden, transmit upon the

3   road surface, except when on part of the National System

4   of Interstate and Defense Highways, the following maximum

5   weights: 22,000 pounds on a single axle; 40,000 pounds on

6   a tandem axle; 40,000 pounds gross weight on a 2-axle

7   vehicle; 54,000 pounds gross weight on a 3-axle vehicle.

8   This vehicle is not subject to the bridge formula.

9   (7.5) A 3-axle rear discharge truck mixer registered

10  as a Special Hauling Vehicle, used exclusively for the

11  mixing and transportation of concrete in the plastic

12  state, may, when laden, transmit upon the road surface,

13  except when on part of the National System of Interstate

14  and Defense Highways, the following maximum weights:

15  22,000 pounds on single axle; 40,000 pounds on a tandem

16  axle; 54,000 pounds gross weight on a 3-axle vehicle. This

17  vehicle is not subject to the bridge formula.

18  (8) Except as provided in paragraph (7.5) of this

19  subsection (a), tandem axles on a 3-axle truck registered

20  as a Special Hauling Vehicle, manufactured prior to or in

21  the model year of 2024 and first registered in Illinois

22  prior to January 1, 2025, with a distance greater than 72

23  inches but not more than 96 inches between any series of 2

24  axles, is allowed a combined weight on the series not to

25  exceed 36,000 pounds and neither axle of the series may

26  exceed 20,000 pounds. Any vehicle of this type
    SB3019 Enrolled  - 747 - LRB104 20255 HLH 33706 b

1   manufactured after the model year of 2024 or first

2   registered in Illinois after December 31, 2024 may not

3   exceed a combined weight of 34,000 pounds through the

4   series of 2 axles and neither axle of the series may exceed

5   20,000 pounds.

6   A 3-axle combination sewer cleaning jetting vacuum

7   truck registered as a Special Hauling Vehicle, used

8   exclusively for the transportation of non-hazardous solid

9   waste, manufactured before or in the model year of 2014,

10  first registered in Illinois before January 1, 2015, may,

11  when laden, transmit upon the road surface, except when on

12  part of the National System of Interstate and Defense

13  Highways, the following maximum weights: 22,000 pounds on

14  a single axle; 40,000 pounds on a tandem axle; 54,000

15  pounds gross weight on a 3-axle vehicle. This vehicle is

16  not subject to the bridge formula.

17  (9) A 4-axle truck mixer registered as a Special

18  Hauling Vehicle, used exclusively for the mixing and

19  transportation of concrete in the plastic state, and not

20  operated on a highway that is part of the National System

21  of Interstate Highways, is allowed the following maximum

22  weights: 20,000 pounds on any single axle; 36,000 pounds

23  on a series of axles greater than 72 inches but not more

24  than 96 inches; and 34,000 pounds on any series of 2 axles

25  greater than 40 inches but not more than 72 inches. The

26  gross weight of this vehicle may not exceed the weights
    SB3019 Enrolled  - 748 - LRB104 20255 HLH 33706 b

1   allowed by the bridge formula for 4 axles. The bridge

2   formula does not apply to any series of 3 axles while the

3   vehicle is transporting concrete in the plastic state, but

4   no axle or tandem axle of the series may exceed the maximum

5   weight permitted under this paragraph (9) of subsection

6   (a).

7   (10) Combinations of vehicles, registered as Special

8   Hauling Vehicles that include a semitrailer manufactured

9   prior to or in the model year of 2024, and registered in

10  Illinois prior to January 1, 2025, having 5 axles with a

11  distance of 42 feet or less between extreme axles, may not

12  exceed the following maximum weights: 20,000 pounds on a

13  single axle; 34,000 pounds on a tandem axle; and 72,000

14  pounds gross weight. This combination of vehicles is not

15  subject to the bridge formula. For all those combinations

16  of vehicles that include a semitrailer manufactured after

17  the effective date of P.A. 92-0417, the overall distance

18  between the first and last axles of the 2 sets of tandems

19  must be 18 feet 6 inches or more. Any combination of

20  vehicles that has had its cargo container replaced in its

21  entirety after December 31, 2024 may not exceed the

22  weights allowed by the bridge formula.

23  (11) The maximum weight allowed on a vehicle with

24  crawler type tracks is 40,000 pounds.

25  (12) A combination of vehicles, including a tow truck

26  and a disabled vehicle or disabled combination of
    SB3019 Enrolled   - 749 - LRB104 20255 HLH 33706 b

1   vehicles, that exceeds the weight restriction imposed by

2   this Code, may be operated on a public highway in this

3   State provided that neither the disabled vehicle nor any

4   vehicle being towed nor the tow truck itself shall exceed

5   the weight limitations permitted under this Chapter.

6   During the towing operation, neither the tow truck nor the

7   vehicle combination shall exceed 24,000 pounds on a single

8   rear axle and 44,000 pounds on a tandem rear axle,

9   provided the towing vehicle:

10  (i) is specifically designed as a tow truck having

11  a gross vehicle weight rating of at least 18,000

12  pounds and is equipped with air brakes, provided that

13  air brakes are required only if the towing vehicle is

14  towing a vehicle, semitrailer, or tractor-trailer

15  combination that is equipped with air brakes;

16  (ii) is equipped with flashing, rotating, or

17  oscillating amber lights, visible for at least 500

18  feet in all directions;

19  (iii) is capable of utilizing the lighting and

20  braking systems of the disabled vehicle or combination

21  of vehicles; and

22  (iv) does not engage in a tow exceeding 20 miles

23  from the initial point of wreck or disablement. Any

24  additional movement of the vehicles may occur only

25  upon issuance of authorization for that movement under

26  the provisions of Sections 15-301 through 15-318 of
    SB3019 Enrolled  - 750 - LRB104 20255 HLH 33706 b

1   this Code. The towing vehicle, however, may tow any

2   disabled vehicle to a point where repairs are actually

3   to occur. This movement shall be valid only on State

4   routes. The tower must abide by posted bridge weight

5   limits.

6   (12.5) The vehicle weight limitations in this Section

7   do not apply to a covered heavy duty tow and recovery

8   vehicle. The covered heavy duty tow and recovery vehicle

9   license plate must cover the operating empty weight of the

10  covered heavy duty tow and recovery vehicle only.

11  (13) Upon and during a declaration of an emergency

12  propane supply disaster by the Governor under Section 7 of

13  the Illinois Emergency Management Agency Act:

14  (i) a truck not in combination, equipped with a

15  cargo tank, used exclusively for the transportation of

16  propane or liquefied petroleum gas may, when laden,

17  transmit upon the road surface, except when on part of

18  the National System of Interstate and Defense

19  Highways, the following maximum weights: 22,000 pounds

20  on a single axle; 40,000 pounds on a tandem axle;

21  40,000 pounds gross weight on a 2-axle vehicle; 54,000

22  pounds gross weight on a 3-axle vehicle; and

23  (ii) a truck when in combination with a trailer

24  equipped with a cargo tank used exclusively for the

25  transportation of propane or liquefied petroleum gas

26  may, when laden, transmit upon the road surface,
    SB3019 Enrolled        - 751 - LRB104 20255 HLH 33706 b

1   except when on part of the National System of

2   Interstate and Defense Highways, the following maximum

3   weights: 22,000 pounds on a single axle; 40,000 pounds

4   on a tandem axle; 90,000 pounds gross weight on a

5   5-axle or 6-axle vehicle.

6   Vehicles operating under this paragraph (13) are not

7   subject to the bridge formula.

8   (14) A vehicle or combination of vehicles that uses

9   either natural gas or propane gas as a motor fuel or is

10  operated by an engine fueled wholly or partially by an

11  electric battery or hydrogen fuel cell electric fueling

12  system may exceed the above weight limitations by up to

13  2,000 pounds, the total allowance is calculated by an

14  amount that is equal to the difference between the weight

15  of the vehicle attributable to the natural gas or propane

16  or hydrogen gas tank, batteries, and fueling system

17  carried by the vehicle, and the weight of a comparable

18  diesel tank and fueling system. This paragraph (14) shall

19  not allow a vehicle to exceed any posted weight limit on a

20  highway or structure.

21  (15) An emergency vehicle or fire apparatus that is a

22  vehicle designed to be used under emergency conditions to

23  transport personnel and equipment, and used to support the

24  suppression of fires and mitigation of other hazardous

25  situations on a Class I highway, may not exceed 86,000

26  pounds gross weight, or any of the following weight
    SB3019 Enrolled        - 752 - LRB104 20255 HLH 33706 b

1   allowances:

2   (i) 24,000 pounds on a single steering axle;

3   (ii) 33,500 pounds on a single drive axle;

4   (iii) 62,000 pounds on a tandem axle; or

5   (iv) 52,000 pounds on a tandem rear drive steer

6   axle.

7   (16) A bus, motor coach, or recreational vehicle may

8   carry a total weight of 24,000 pounds on a single axle, but

9   may not exceed other weight provisions of this Section.

10  Gross weight limits shall not apply to the combination of

11 the tow truck and vehicles being towed. The tow truck license

12 plate must cover the operating empty weight of the tow truck

13 only. The weight of each vehicle being towed shall be covered

14 by a valid license plate issued to the owner or operator of the

15 vehicle being towed and displayed on that vehicle. If no valid

16 plate issued to the owner or operator of that vehicle is

17 displayed on that vehicle, or the plate displayed on that

18 vehicle does not cover the weight of the vehicle, the weight of

19 the vehicle shall be covered by the third tow truck plate

20 issued to the owner or operator of the tow truck and

21 temporarily affixed to the vehicle being towed. If a roll-back

22 carrier is registered and being used as a tow truck, however,

23 the license plate or plates for the tow truck must cover the

24 gross vehicle weight, including any load carried on the bed of

25 the roll-back carrier.

26  The Department may by rule or regulation prescribe
    SB3019 Enrolled   - 753 - LRB104 20255 HLH 33706 b

1 additional requirements. However, nothing in this Code shall

2 prohibit a tow truck under instructions of a police officer

3 from legally clearing a disabled vehicle, that may be in

4 violation of weight limitations of this Chapter, from the

5 roadway to the berm or shoulder of the highway. If in the

6 opinion of the police officer that location is unsafe, the

7 officer is authorized to have the disabled vehicle towed to

8 the nearest place of safety.

9   For the purpose of this subsection, gross vehicle weight

10 rating, or GVWR, means the value specified by the manufacturer

11 as the loaded weight of the tow truck.

12  (b) As used in this Section, "recycling haul" or

13 "recycling operation" means the hauling of non-hazardous,

14 non-special, non-putrescible materials, such as paper, glass,

15 cans, or plastic, for subsequent use in the secondary

16 materials market.

17  (c) No vehicle or combination of vehicles equipped with

18 pneumatic tires shall be operated, unladen or with load, upon

19 the highways of this State in violation of the provisions of

20 any permit issued under the provisions of Sections 15-301

21 through 15-318 of this Chapter.

22  (d) No vehicle or combination of vehicles equipped with

23 other than pneumatic tires may be operated, unladen or with

24 load, upon the highways of this State when the gross weight on

25 the road surface through any wheel exceeds 800 pounds per inch

26 width of tire tread or when the gross weight on the road
    SB3019 Enrolled  - 754 - LRB104 20255 HLH 33706 b

1 surface through any axle exceeds 16,000 pounds.

2   (e) No person shall operate a vehicle or combination of

3 vehicles over a bridge or other elevated structure

4 constituting part of a highway with a gross weight that is

5 greater than the maximum weight permitted by the Department,

6 when the structure is sign posted as provided in this Section.

7   (f) The Department upon request from any local authority

8 shall, or upon its own initiative may, conduct an

9 investigation of any bridge or other elevated structure

10 constituting a part of a highway, and if it finds that the

11 structure cannot with safety to itself withstand the weight of

12 vehicles otherwise permissible under this Code the Department

13 shall determine and declare the maximum weight of vehicles

14 that the structures can withstand, and shall cause or permit

15 suitable signs stating maximum weight to be erected and

16 maintained before each end of the structure. No person shall

17 operate a vehicle or combination of vehicles over any

18 structure with a gross weight that is greater than the posted

19 maximum weight.

20  (g) Upon the trial of any person charged with a violation

21 of subsection (e) or (f) of this Section, proof of the

22 determination of the maximum allowable weight by the

23 Department and the existence of the signs, constitutes

24 conclusive evidence of the maximum weight that can be

25 maintained with safety to the bridge or structure.

26 (Source: P.A. 104-436, eff. 6-1-26.)
    SB3019 Enrolled       - 755 - LRB104 20255 HLH 33706 b

1   (625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)

2   Sec. 15-312. Fees for police escort. When State Police

3 escorts are required by the Department of Transportation for

4 the safety of the motoring public, the following fees shall be

5 paid by the applicant:

6   (1) to the Department of Transportation: $40 per hour

7   per vehicle based upon the pre-estimated time of the

8   movement to be agreed upon between the Department and the

9   applicant, with a minimum fee of $80 per vehicle; and

10  (2) to the Illinois State Police: $125 $75 per hour

11  per State Police vehicle based upon the actual time of the

12  movement, with a minimum fee of $500 $300 per State Police

13  vehicle. The Illinois State Police shall remit the moneys

14  to the State Treasurer, who shall deposit the moneys into

15  the State Police Operations Assistance Fund.

16  The actual time of the movement shall be the time the

17 police escort is required to pick up the movement to the time

18 the movement is completed. Any delays or breakdowns shall be

19 considered part of the movement time. Any fraction of an hour

20 shall be rounded up to the next whole hour.

21  The State Police may use an online payment system to

22 accept fees for police escorts.

23 (Source: P.A. 102-505, eff. 8-20-21; 103-706, eff. 1-1-25.)

24                        ARTICLE 100
    SB3019 Enrolled       - 756 - LRB104 20255 HLH 33706 b

1   Section 100-5. The Illinois State Auditing Act is amended

2 by changing Section 3-1 as follows:

3   (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)

4   (Text of Section before amendment by P.A. 104-457)

5   Sec. 3-1. Jurisdiction of Auditor General. The Auditor

6 General has jurisdiction over all State agencies to make post

7 audits and investigations authorized by or under this Act or

8 the Constitution.

9   The Auditor General has jurisdiction over local government

10 agencies and private agencies only:

11  (a) to make such post audits authorized by or under

12  this Act as are necessary and incidental to a post audit of

13  a State agency or of a program administered by a State

14  agency involving public funds of the State, but this

15  jurisdiction does not include any authority to review

16  local governmental agencies in the obligation, receipt,

17  expenditure or use of public funds of the State that are

18  granted without limitation or condition imposed by law,

19  other than the general limitation that such funds be used

20  for public purposes;

21  (b) to make investigations authorized by or under this

22  Act or the Constitution; and

23  (c) to make audits of the records of local government

24  agencies to verify actual costs of state-mandated programs
    SB3019 Enrolled      - 757 - LRB104 20255 HLH 33706 b

1   when directed to do so by the Legislative Audit Commission

2   at the request of the State Board of Appeals under the

3   State Mandates Act.

4   In addition to the foregoing, the Auditor General may

5 conduct an audit of the Metropolitan Pier and Exposition

6 Authority, the Regional Transportation Authority, the Suburban

7 Bus Division, the Commuter Rail Division and the Chicago

8 Transit Authority and any other subsidized carrier when

9 authorized by the Legislative Audit Commission. Such audit may

10 be a financial, management or program audit, or any

11 combination thereof.

12  The audit shall determine whether they are operating in

13 accordance with all applicable laws and regulations. Subject

14 to the limitations of this Act, the Legislative Audit

15 Commission may by resolution specify additional determinations

16 to be included in the scope of the audit.

17  In addition to the foregoing, the Auditor General must

18 also conduct a financial audit of the Illinois Sports

19 Facilities Authority's expenditures of public funds in

20 connection with the reconstruction, renovation, remodeling,

21 extension, or improvement of all or substantially all of any

22 existing "facility", as that term is defined in the Illinois

23 Sports Facilities Authority Act.

24  The Auditor General may also conduct an audit, when

25 authorized by the Legislative Audit Commission, of any

26 hospital which receives 10% or more of its gross revenues from
    SB3019 Enrolled            - 758 - LRB104 20255 HLH 33706 b

1 payments from the State of Illinois, Department of Healthcare

2 and Family Services (formerly Department of Public Aid),

3 Medical Assistance Program.

4   The Auditor General is authorized to conduct financial and

5 compliance audits of the Illinois Distance Learning Foundation

6 and the Illinois Conservation Foundation.

7   As soon as practical after August 18, 1995 (the effective

8 date of Public Act 89-386), the Auditor General shall conduct

9 a compliance and management audit of the City of Chicago and

10 any other entity with regard to the operation of Chicago

11 O'Hare International Airport, Chicago Midway Airport and

12 Merrill C. Meigs Field. The audit shall include, but not be

13 limited to, an examination of revenues, expenses, and

14 transfers of funds; purchasing and contracting policies and

15 practices; staffing levels; and hiring practices and

16 procedures. When completed, the audit required by this

17 paragraph shall be distributed in accordance with Section

18 3-14.

19  The Auditor General must conduct an audit of the Health

20 Facilities and Services Review Board pursuant to Section 19.5

21 of the Illinois Health Facilities Planning Act.

22  The Auditor General of the State of Illinois shall

23 annually conduct or cause to be conducted a financial and

24 compliance audit of the books and records of any county water

25 commission organized pursuant to the Water Commission Act of

26 1985 and shall file a copy of the report of that audit with the
    SB3019 Enrolled            - 759 - LRB104 20255 HLH 33706 b

1 Governor and the Legislative Audit Commission. The filed audit

2 shall be open to the public for inspection. The cost of the

3 audit shall be charged to the county water commission in

4 accordance with Section 6z-27 of the State Finance Act. The

5 county water commission shall make available to the Auditor

6 General its books and records and any other documentation,

7 whether in the possession of its trustees or other parties,

8 necessary to conduct the audit required. These audit

9 requirements apply only through July 1, 2007.

10  The Auditor General must conduct audits of the Rend Lake

11 Conservancy District as provided in Section 25.5 of the River

12 Conservancy Districts Act.

13  The Auditor General must conduct financial audits of the

14 Southeastern Illinois Economic Development Authority as

15 provided in Section 70 of the Southeastern Illinois Economic

16 Development Authority Act.

17  The Auditor General shall conduct a compliance audit in

18 accordance with subsections (d) and (f) of Section 30 of the

19 Innovation Development and Economy Act.

20  The Auditor General shall conduct a compliance audit in

21 accordance with subsections (d) and (g) of Section 5-45 of the

22 Statewide Innovation Development and Economy Act.

23 (Source: P.A. 104-2, eff. 6-16-25.)

24  (Text of Section after amendment by P.A. 104-457)

25  Sec. 3-1. Jurisdiction of Auditor General. The Auditor
    SB3019 Enrolled       - 760 - LRB104 20255 HLH 33706 b

1 General has jurisdiction over all State agencies to make post

2 audits and investigations authorized by or under this Act or

3 the Constitution.

4   The Auditor General has jurisdiction over local government

5 agencies and private agencies only:

6   (a) to make such post audits authorized by or under

7   this Act as are necessary and incidental to a post audit of

8   a State agency or of a program administered by a State

9   agency involving public funds of the State, but this

10  jurisdiction does not include any authority to review

11  local governmental agencies in the obligation, receipt,

12  expenditure or use of public funds of the State that are

13  granted without limitation or condition imposed by law,

14  other than the general limitation that such funds be used

15  for public purposes;

16  (b) to make investigations authorized by or under this

17  Act or the Constitution; and

18  (c) to make audits of the records of local government

19  agencies to verify actual costs of state-mandated programs

20  when directed to do so by the Legislative Audit Commission

21  at the request of the State Board of Appeals under the

22  State Mandates Act.

23  In addition to the foregoing, the Auditor General may

24 conduct an audit of the Metropolitan Pier and Exposition

25 Authority, the Northern Illinois Transit Authority, the

26 Suburban Bus Division, the Commuter Rail Division and the
    SB3019 Enrolled             - 761 - LRB104 20255 HLH 33706 b

1 Chicago Transit Authority and any other subsidized carrier

2 when authorized by the Legislative Audit Commission. Such

3 audit may be a financial, management or program audit, or any

4 combination thereof.

5   The audit shall determine whether they are operating in

6 accordance with all applicable laws and regulations. Subject

7 to the limitations of this Act, the Legislative Audit

8 Commission may by resolution specify additional determinations

9 to be included in the scope of the audit.

10  In addition to the foregoing, the Auditor General must

11 also conduct a financial audit of the Illinois Sports

12 Facilities Authority's expenditures of public funds in

13 connection with the reconstruction, renovation, remodeling,

14 extension, or improvement of all or substantially all of any

15 existing "facility", as that term is defined in the Illinois

16 Sports Facilities Authority Act.

17  The Auditor General may also conduct an audit, when

18 authorized by the Legislative Audit Commission, of any

19 hospital which receives 10% or more of its gross revenues from

20 payments from the State of Illinois, Department of Healthcare

21 and Family Services (formerly Department of Public Aid),

22 Medical Assistance Program.

23  The Auditor General is authorized to conduct financial and

24 compliance audits of the Illinois Distance Learning Foundation

25 and the Illinois Conservation Foundation.

26  As soon as practical after August 18, 1995 (the effective
    SB3019 Enrolled  - 762 - LRB104 20255 HLH 33706 b

1 date of Public Act 89-386), the Auditor General shall conduct

2 a compliance and management audit of the City of Chicago and

3 any other entity with regard to the operation of Chicago

4 O'Hare International Airport, Chicago Midway Airport and

5 Merrill C. Meigs Field. The audit shall include, but not be

6 limited to, an examination of revenues, expenses, and

7 transfers of funds; purchasing and contracting policies and

8 practices; staffing levels; and hiring practices and

9 procedures. When completed, the audit required by this

10 paragraph shall be distributed in accordance with Section

11 3-14.

12  The Auditor General must conduct an audit of the Health

13 Facilities and Services Review Board pursuant to Section 19.5

14 of the Illinois Health Facilities Planning Act.

15  The Auditor General of the State of Illinois shall

16 annually conduct or cause to be conducted a financial and

17 compliance audit of the books and records of any county water

18 commission organized pursuant to the Water Commission Act of

19 1985 and shall file a copy of the report of that audit with the

20 Governor and the Legislative Audit Commission. The filed audit

21 shall be open to the public for inspection. The cost of the

22 audit shall be charged to the county water commission in

23 accordance with Section 6z-27 of the State Finance Act. The

24 county water commission shall make available to the Auditor

25 General its books and records and any other documentation,

26 whether in the possession of its trustees or other parties,
    SB3019 Enrolled           - 763 - LRB104 20255 HLH 33706 b

1 necessary to conduct the audit required. These audit

2 requirements apply only through July 1, 2007.

3   The Auditor General must conduct audits of the Rend Lake

4 Conservancy District as provided in Section 25.5 of the River

5 Conservancy Districts Act.

6   The Auditor General must conduct financial audits of the

7 Southeastern Illinois Economic Development Authority as

8 provided in Section 70 of the Southeastern Illinois Economic

9 Development Authority Act.

10  The Auditor General shall conduct a compliance audit in

11 accordance with subsections (d) and (f) of Section 30 of the

12 Innovation Development and Economy Act.

13  The Auditor General shall conduct a compliance audit in

14 accordance with subsections (d) and (g) of Section 5-45 of the

15 Statewide Innovation Development and Economy Act.

16 (Source: P.A. 104-2, eff. 6-16-25; 104-457, eff. 6-1-26.)

17  Section 100-10. The State Finance Act is amended by

18 changing Sections 6z-18 and 6z-20 as follows:

19  (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)

20  Sec. 6z-18. Local Government Tax Fund. A portion of the

21 money paid into the Local Government Tax Fund from sales of

22 tangible personal property taxed at the 1% rate under the

23 Retailers' Occupation Tax Act and the Service Occupation Tax

24 Act, which occurred in municipalities, shall be distributed to
    SB3019 Enrolled  - 764 - LRB104 20255 HLH 33706 b

1 each municipality based upon the sales which occurred in that

2 municipality. The remainder shall be distributed to each

3 county based upon the sales which occurred in the

4 unincorporated area of that county.

5   Moneys transferred from the Grocery Tax Replacement Fund

6 to the Local Government Tax Fund under Section 6z-130 shall be

7 treated under this Section in the same manner as if they had

8 been remitted with the return on which they were reported.

9   A portion of the money paid into the Local Government Tax

10 Fund from the 6.25% general use tax rate on the selling price

11 of tangible personal property which is purchased outside

12 Illinois at retail from a retailer and which is titled or

13 registered by any agency of this State's government shall be

14 distributed to municipalities as provided in this paragraph.

15 Each municipality shall receive the amount attributable to

16 sales for which Illinois addresses for titling or registration

17 purposes are given as being in such municipality. The

18 remainder of the money paid into the Local Government Tax Fund

19 from such sales shall be distributed to counties. Each county

20 shall receive the amount attributable to sales for which

21 Illinois addresses for titling or registration purposes are

22 given as being located in the unincorporated area of such

23 county.

24  A portion of the money paid into the Local Government Tax

25 Fund from the 6.25% general rate (and, beginning July 1, 2000

26 and through December 31, 2000, the 1.25% rate on motor fuel and
    SB3019 Enrolled  - 765 - LRB104 20255 HLH 33706 b

1 gasohol, and beginning on August 6, 2010 through August 15,

2 2010, and beginning again on August 5, 2022 through August 14,

3 2022, the 1.25% rate on sales tax holiday items) on sales

4 subject to taxation under the Retailers' Occupation Tax Act

5 and the Service Occupation Tax Act, which occurred in

6 municipalities, shall be distributed to each municipality,

7 based upon the sales which occurred in that municipality. The

8 remainder shall be distributed to each county, based upon the

9 sales which occurred in the unincorporated area of such

10 county.

11  For the purpose of determining allocation to the local

12 government unit, a retail sale by a producer of coal or other

13 mineral mined in Illinois is a sale at retail at the place

14 where the coal or other mineral mined in Illinois is extracted

15 from the earth. This paragraph does not apply to coal or other

16 mineral when it is delivered or shipped by the seller to the

17 purchaser at a point outside Illinois so that the sale is

18 exempt under the United States Constitution as a sale in

19 interstate or foreign commerce.

20  Whenever the Department determines that a refund of money

21 paid into the Local Government Tax Fund should be made to a

22 claimant instead of issuing a credit memorandum, the

23 Department shall notify the State Comptroller, who shall cause

24 the order to be drawn for the amount specified, and to the

25 person named, in such notification from the Department. Such

26 refund shall be paid by the State Treasurer out of the Local
    SB3019 Enrolled     - 766 - LRB104 20255 HLH 33706 b

1 Government Tax Fund.

2   As soon as possible after the first day of each month,

3 beginning January 1, 2011, upon certification of the

4 Department of Revenue, the Comptroller shall order

5 transferred, and the Treasurer shall transfer, to the STAR

6 Bonds Revenue Fund the local sales tax increment, as defined

7 in the Innovation Development and Economy Act, collected

8 during the second preceding calendar month for sales within a

9 STAR bond district and deposited into the Local Government Tax

10 Fund, less 3% of that amount, which shall be transferred into

11 the Tax Compliance and Administration Fund and shall be used

12 by the Department, subject to appropriation, to cover the

13 costs of the Department in administering the Innovation

14 Development and Economy Act.

15  As soon as possible after the first day of each month,

16 beginning July 1, 2026, upon certification of the Department

17 of Revenue, the Comptroller shall order transferred, and the

18 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

19 local sales tax increment, as defined in the Statewide

20 Innovation Development and Economy Act, collected during the

21 second preceding calendar month for sales within a STAR bond

22 district and deposited into the Local Government Tax Fund,

23 less 3% of that amount, which shall be transferred to the Tax

24 Compliance and Administration Fund and shall be used by the

25 Department, subject to appropriation, to cover the costs of

26 the Department in administering the Statewide Innovation
   SB3019 Enrolled  - 767 - LRB104 20255 HLH 33706 b

1 Development and Economy Act.

2  After the monthly transfers transfer to the STAR Bonds

3 Revenue Fund, on or before the 25th day of each calendar month,

4 the Department shall prepare and certify to the Comptroller

5 the disbursement of stated sums of money to named

6 municipalities and counties, the municipalities and counties

7 to be those entitled to distribution of taxes or penalties

8 paid to the Department during the second preceding calendar

9 month. The amount to be paid to each municipality or county

10 shall be the amount (not including credit memoranda) collected

11 during the second preceding calendar month by the Department

12 and paid into the Local Government Tax Fund, plus an amount the

13 Department determines is necessary to offset any amounts which

14 were erroneously paid to a different taxing body, and not

15 including an amount equal to the amount of refunds made during

16 the second preceding calendar month by the Department, and not

17 including any amount which the Department determines is

18 necessary to offset any amounts which are payable to a

19 different taxing body but were erroneously paid to the

20 municipality or county, and not including any amounts that are

21 transferred to the STAR Bonds Revenue Fund. Within 10 days

22 after receipt, by the Comptroller, of the disbursement

23 certification to the municipalities and counties, provided for

24 in this Section to be given to the Comptroller by the

25 Department, the Comptroller shall cause the orders to be drawn

26 for the respective amounts in accordance with the directions
    SB3019 Enrolled    - 768 - LRB104 20255 HLH 33706 b

1 contained in such certification.

2   When certifying the amount of monthly disbursement to a

3 municipality or county under this Section, the Department

4 shall increase or decrease that amount by an amount necessary

5 to offset any misallocation of previous disbursements. The

6 offset amount shall be the amount erroneously disbursed within

7 the 6 months preceding the time a misallocation is discovered.

8   The provisions directing the distributions from the

9 special fund in the State treasury provided for in this

10 Section shall constitute an irrevocable and continuing

11 appropriation of all amounts as provided herein. The State

12 Treasurer and State Comptroller are hereby authorized to make

13 distributions as provided in this Section.

14  In construing any development, redevelopment, annexation,

15 preannexation, or other lawful agreement in effect prior to

16 September 1, 1990, which describes or refers to receipts from

17 a county or municipal retailers' occupation tax, use tax or

18 service occupation tax which now cannot be imposed, such

19 description or reference shall be deemed to include the

20 replacement revenue for such abolished taxes, distributed from

21 the Local Government Tax Fund.

22  As soon as possible after March 8, 2013 (the effective

23 date of Public Act 98-3), the State Comptroller shall order

24 and the State Treasurer shall transfer $6,600,000 from the

25 Local Government Tax Fund to the Illinois State Medical

26 Disciplinary Fund.
    SB3019 Enrolled  - 769 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 102-700, Article 60, Section 60-10, eff.
2 4-19-22; 102-700, Article 65, Section 65-15, eff. 4-19-22;
3 103-154, eff. 6-30-23.)

4   (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)

5   (Text of Section before amendment by P.A. 104-457)

6   Sec. 6z-20. County and Mass Transit District Fund. Of the

7 money received from the 6.25% general rate (and, beginning

8 July 1, 2000 and through December 31, 2000, the 1.25% rate on

9 motor fuel and gasohol, and beginning on August 6, 2010

10 through August 15, 2010, and beginning again on August 5, 2022

11 through August 14, 2022, the 1.25% rate on sales tax holiday

12 items) on sales subject to taxation under the Retailers'

13 Occupation Tax Act and Service Occupation Tax Act and paid

14 into the County and Mass Transit District Fund, distribution

15 to the Regional Transportation Authority tax fund, created

16 pursuant to Section 4.03 of the Regional Transportation

17 Authority Act, for deposit therein shall be made based upon

18 the retail sales occurring in a county having more than

19 3,000,000 inhabitants. The remainder shall be distributed to

20 each county having 3,000,000 or fewer inhabitants based upon

21 the retail sales occurring in each such county.

22  For the purpose of determining allocation to the local

23 government unit, a retail sale by a producer of coal or other

24 mineral mined in Illinois is a sale at retail at the place

25 where the coal or other mineral mined in Illinois is extracted
    SB3019 Enrolled  - 770 - LRB104 20255 HLH 33706 b

1 from the earth. This paragraph does not apply to coal or other

2 mineral when it is delivered or shipped by the seller to the

3 purchaser at a point outside Illinois so that the sale is

4 exempt under the United States Constitution as a sale in

5 interstate or foreign commerce.

6   Of the money received from the 6.25% general use tax rate

7 on tangible personal property which is purchased outside

8 Illinois at retail from a retailer and which is titled or

9 registered by any agency of this State's government and paid

10 into the County and Mass Transit District Fund, the amount for

11 which Illinois addresses for titling or registration purposes

12 are given as being in each county having more than 3,000,000

13 inhabitants shall be distributed into the Regional

14 Transportation Authority tax fund, created pursuant to Section

15 4.03 of the Regional Transportation Authority Act. The

16 remainder of the money paid from such sales shall be

17 distributed to each county based on sales for which Illinois

18 addresses for titling or registration purposes are given as

19 being located in the county. Any money paid into the Regional

20 Transportation Authority Occupation and Use Tax Replacement

21 Fund from the County and Mass Transit District Fund prior to

22 January 14, 1991, which has not been paid to the Authority

23 prior to that date, shall be transferred to the Regional

24 Transportation Authority tax fund.

25  Whenever the Department determines that a refund of money

26 paid into the County and Mass Transit District Fund should be
    SB3019 Enrolled  - 771 - LRB104 20255 HLH 33706 b

1 made to a claimant instead of issuing a credit memorandum, the

2 Department shall notify the State Comptroller, who shall cause

3 the order to be drawn for the amount specified, and to the

4 person named, in such notification from the Department. Such

5 refund shall be paid by the State Treasurer out of the County

6 and Mass Transit District Fund.

7   As soon as possible after the first day of each month,

8 beginning January 1, 2011, upon certification of the

9 Department of Revenue, the Comptroller shall order

10 transferred, and the Treasurer shall transfer, to the STAR

11 Bonds Revenue Fund the local sales tax increment, as defined

12 in the Innovation Development and Economy Act, collected

13 during the second preceding calendar month for sales within a

14 STAR bond district and deposited into the County and Mass

15 Transit District Fund, less 3% of that amount, which shall be

16 transferred into the Tax Compliance and Administration Fund

17 and shall be used by the Department, subject to appropriation,

18 to cover the costs of the Department in administering the

19 Innovation Development and Economy Act.

20  After the monthly transfer to the STAR Bonds Revenue Fund,

21 on or before the 25th day of each calendar month, the

22 Department shall prepare and certify to the Comptroller the

23 disbursement of stated sums of money to the Regional

24 Transportation Authority and to named counties, the counties

25 to be those entitled to distribution, as hereinabove provided,

26 of taxes or penalties paid to the Department during the second
SB3019 Enrolled  - 772 - LRB104 20255 HLH 33706 b

 1 preceding calendar month. The amount to be paid to the
 2 Regional Transportation Authority and each county having
 3 3,000,000 or fewer inhabitants shall be the amount (not
 4 including credit memoranda) collected during the second
 5 preceding calendar month by the Department and paid into the
 6 County and Mass Transit District Fund, plus an amount the
 7 Department determines is necessary to offset any amounts which
 8 were erroneously paid to a different taxing body, and not
 9 including an amount equal to the amount of refunds made during
10 the second preceding calendar month by the Department, and not
11 including any amount which the Department determines is
12 necessary to offset any amounts which were payable to a
13 different taxing body but were erroneously paid to the
14 Regional Transportation Authority or county, and not including
15 any amounts that are transferred to the STAR Bonds Revenue
16 Fund, less 1.5% of the amount to be paid to the Regional
17 Transportation Authority, which shall be transferred into the
18 Tax Compliance and Administration Fund. The Department, at the
19 time of each monthly disbursement to the Regional
20 Transportation Authority, shall prepare and certify to the
21 State Comptroller the amount to be transferred into the Tax
22 Compliance and Administration Fund under this Section. Within
23 10 days after receipt, by the Comptroller, of the disbursement
24 certification to the Regional Transportation Authority,
25 counties, and the Tax Compliance and Administration Fund
26 provided for in this Section to be given to the Comptroller by
    SB3019 Enrolled  - 773 - LRB104 20255 HLH 33706 b

1 the Department, the Comptroller shall cause the orders to be

2 drawn for the respective amounts in accordance with the

3 directions contained in such certification.

4   When certifying the amount of a monthly disbursement to

5 the Regional Transportation Authority or to a county under

6 this Section, the Department shall increase or decrease that

7 amount by an amount necessary to offset any misallocation of

8 previous disbursements. The offset amount shall be the amount

9 erroneously disbursed within the 6 months preceding the time a

10 misallocation is discovered.

11  The provisions directing the distributions from the

12 special fund in the State Treasury provided for in this

13 Section and from the Regional Transportation Authority tax

14 fund created by Section 4.03 of the Regional Transportation

15 Authority Act shall constitute an irrevocable and continuing

16 appropriation of all amounts as provided herein. The State

17 Treasurer and State Comptroller are hereby authorized to make

18 distributions as provided in this Section.

19  In construing any development, redevelopment, annexation,

20 preannexation or other lawful agreement in effect prior to

21 September 1, 1990, which describes or refers to receipts from

22 a county or municipal retailers' occupation tax, use tax or

23 service occupation tax which now cannot be imposed, such

24 description or reference shall be deemed to include the

25 replacement revenue for such abolished taxes, distributed from

26 the County and Mass Transit District Fund or Local Government
    SB3019 Enrolled  - 774 - LRB104 20255 HLH 33706 b

1 Distributive Fund, as the case may be.
2 (Source: P.A. 102-700, eff. 4-19-22.)

3   (Text of Section after amendment by P.A. 104-457)

4   Sec. 6z-20. County and Mass Transit District Fund. Of the

5 money received from the 6.25% general rate (and, beginning

6 July 1, 2000 and through December 31, 2000, the 1.25% rate on

7 motor fuel and gasohol, and beginning on August 6, 2010

8 through August 15, 2010, and beginning again on August 5, 2022

9 through August 14, 2022, the 1.25% rate on sales tax holiday

10 items) on sales subject to taxation under the Retailers'

11 Occupation Tax Act and Service Occupation Tax Act and paid

12 into the County and Mass Transit District Fund, distribution

13 to the Northern Illinois Transit Authority tax fund, created

14 pursuant to Section 4.03 of the Northern Illinois Transit

15 Authority Act, for deposit therein shall be made based upon

16 the retail sales occurring in a county having more than

17 3,000,000 inhabitants. The remainder shall be distributed to

18 each county having 3,000,000 or fewer inhabitants based upon

19 the retail sales occurring in each such county.

20  For the purpose of determining allocation to the local

21 government unit, a retail sale by a producer of coal or other

22 mineral mined in Illinois is a sale at retail at the place

23 where the coal or other mineral mined in Illinois is extracted

24 from the earth. This paragraph does not apply to coal or other

25 mineral when it is delivered or shipped by the seller to the
    SB3019 Enrolled     - 775 - LRB104 20255 HLH 33706 b

1 purchaser at a point outside Illinois so that the sale is

2 exempt under the United States Constitution as a sale in

3 interstate or foreign commerce.

4   Of the money received from the 6.25% general use tax rate

5 on tangible personal property which is purchased outside

6 Illinois at retail from a retailer and which is titled or

7 registered by any agency of this State's government and paid

8 into the County and Mass Transit District Fund, the amount for

9 which Illinois addresses for titling or registration purposes

10 are given as being in each county having more than 3,000,000

11 inhabitants shall be distributed into the Northern Illinois

12 Transit Authority tax fund, created pursuant to Section 4.03

13 of the Northern Illinois Transit Authority Act. The remainder

14 of the money paid from such sales shall be distributed to each

15 county based on sales for which Illinois addresses for titling

16 or registration purposes are given as being located in the

17 county. Any money paid into the Northern Illinois Transit

18 Authority Occupation and Use Tax Replacement Fund from the

19 County and Mass Transit District Fund prior to January 14,

20 1991, which has not been paid to the Authority prior to that

21 date, shall be transferred to the Northern Illinois Transit

22 Authority tax fund.

23  Whenever the Department determines that a refund of money

24 paid into the County and Mass Transit District Fund should be

25 made to a claimant instead of issuing a credit memorandum, the

26 Department shall notify the State Comptroller, who shall cause
    SB3019 Enrolled  - 776 - LRB104 20255 HLH 33706 b

1 the order to be drawn for the amount specified, and to the

2 person named, in such notification from the Department. Such

3 refund shall be paid by the State Treasurer out of the County

4 and Mass Transit District Fund.

5   As soon as possible after the first day of each month,

6 beginning January 1, 2011, upon certification of the

7 Department of Revenue, the Comptroller shall order

8 transferred, and the Treasurer shall transfer, to the STAR

9 Bonds Revenue Fund the local sales tax increment, as defined

10 in the Innovation Development and Economy Act, collected

11 during the second preceding calendar month for sales within a

12 STAR bond district and deposited into the County and Mass

13 Transit District Fund, less 3% of that amount, which shall be

14 transferred into the Tax Compliance and Administration Fund

15 and shall be used by the Department, subject to appropriation,

16 to cover the costs of the Department in administering the

17 Innovation Development and Economy Act.

18  As soon as possible after the first day of each month,

19 beginning July 1, 2026, upon certification of the Department

20 of Revenue, the Comptroller shall order transferred, and the

21 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

22 local sales tax increment, as defined in the Statewide

23 Innovation Development and Economy Act, collected during the

24 second preceding calendar month for sales within a STAR bond

25 district and deposited into the County and Mass Transit

26 District Fund, less 3% of that amount, which shall be
   SB3019 Enrolled  - 777 - LRB104 20255 HLH 33706 b

1 transferred into the Tax Compliance and Administration Fund

2 and shall be used by the Department, subject to appropriation,

3 to cover the costs of the Department in administering the

4 Statewide Innovation Development and Economy Act.

5  After the monthly transfers transfer to the STAR Bonds

6 Revenue Fund, on or before the 25th day of each calendar month,

7 the Department shall prepare and certify to the Comptroller

8 the disbursement of stated sums of money to the Northern

9 Illinois Transit Authority and to named counties, the counties

10 to be those entitled to distribution, as hereinabove provided,

11 of taxes or penalties paid to the Department during the second

12 preceding calendar month. The amount to be paid to the

13 Northern Illinois Transit Authority and each county having

14 3,000,000 or fewer inhabitants shall be the amount (not

15 including credit memoranda) collected during the second

16 preceding calendar month by the Department and paid into the

17 County and Mass Transit District Fund, plus an amount the

18 Department determines is necessary to offset any amounts which

19 were erroneously paid to a different taxing body, and not

20 including an amount equal to the amount of refunds made during

21 the second preceding calendar month by the Department, and not

22 including any amount which the Department determines is

23 necessary to offset any amounts which were payable to a

24 different taxing body but were erroneously paid to the

25 Northern Illinois Transit Authority or county, and not

26 including any amounts that are transferred to the STAR Bonds
    SB3019 Enrolled  - 778 - LRB104 20255 HLH 33706 b

1 Revenue Fund, less 1.5% of the amount to be paid to the

2 Northern Illinois Transit Authority, which shall be

3 transferred into the Tax Compliance and Administration Fund.

4 The Department, at the time of each monthly disbursement to

5 the Northern Illinois Transit Authority, shall prepare and

6 certify to the State Comptroller the amount to be transferred

7 into the Tax Compliance and Administration Fund under this

8 Section. Within 10 days after receipt, by the Comptroller, of

9 the disbursement certification to the Northern Illinois

10 Transit Authority, counties, and the Tax Compliance and

11 Administration Fund provided for in this Section to be given

12 to the Comptroller by the Department, the Comptroller shall

13 cause the orders to be drawn for the respective amounts in

14 accordance with the directions contained in such

15 certification.

16  When certifying the amount of a monthly disbursement to

17 the Northern Illinois Transit Authority or to a county under

18 this Section, the Department shall increase or decrease that

19 amount by an amount necessary to offset any misallocation of

20 previous disbursements. The offset amount shall be the amount

21 erroneously disbursed within the 6 months preceding the time a

22 misallocation is discovered.

23  The provisions directing the distributions from the

24 special fund in the State treasury provided for in this

25 Section and from the Northern Illinois Transit Authority tax

26 fund created by Section 4.03 of the Northern Illinois Transit
    SB3019 Enrolled  - 779 - LRB104 20255 HLH 33706 b

1 Authority Act shall constitute an irrevocable and continuing

2 appropriation of all amounts as provided herein. The State

3 Treasurer and State Comptroller are hereby authorized to make

4 distributions as provided in this Section.

5   In construing any development, redevelopment, annexation,

6 preannexation or other lawful agreement in effect prior to

7 September 1, 1990, which describes or refers to receipts from

8 a county or municipal retailers' occupation tax, use tax or

9 service occupation tax which now cannot be imposed, such

10 description or reference shall be deemed to include the

11 replacement revenue for such abolished taxes, distributed from

12 the County and Mass Transit District Fund or Local Government

13 Distributive Fund, as the case may be.

14 (Source: P.A. 104-457, eff. 6-1-26.)

15  Section 100-15. The Counties Code is amended by changing

16 Sections 5-1006, 5-1006.8, 5-1006.9, and 5-1007 as follows:

17  (55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)

18  Sec. 5-1006. Home Rule County Retailers' Occupation Tax

19 Law. Any county that is a home rule unit may impose a tax upon

20 all persons engaged in the business of selling tangible

21 personal property, other than an item of tangible personal

22 property titled or registered with an agency of this State's

23 government, at retail in the county on the gross receipts from

24 such sales made in the course of their business. If imposed,
    SB3019 Enrolled            - 780 - LRB104 20255 HLH 33706 b

1 this tax shall only be imposed in 1/4% increments. On and after

2 September 1, 1991, this additional tax may not be imposed on

3 tangible personal property taxed at the 1% rate under the

4 Retailers' Occupation Tax Act (or at the 0% rate imposed under

5 this amendatory Act of the 102nd General Assembly). Beginning

6 December 1, 2019, this tax is not imposed on sales of aviation

7 fuel unless the tax revenue is expended for airport-related

8 purposes. If the county does not have an airport-related

9 purpose to which it dedicates aviation fuel tax revenue, then

10 aviation fuel is excluded from the tax. The county must comply

11 with the certification requirements for airport-related

12 purposes under Section 2-22 of the Retailers' Occupation Tax

13 Act. For purposes of this Section, "airport-related purposes"

14 has the meaning ascribed in Section 6z-20.2 of the State

15 Finance Act. This exclusion for aviation fuel only applies for

16 so long as the revenue use requirements of 49 U.S.C. 47107(b)

17 and 49 U.S.C. 47133 are binding on the county. The changes made

18 to this Section by this amendatory Act of the 101st General

19 Assembly are a denial and limitation of home rule powers and

20 functions under subsection (g) of Section 6 of Article VII of

21 the Illinois Constitution.

22  If, on January 1, 2025, a unit of local government has in

23 effect a tax under this Section, or if, after January 1, 2025,

24 a unit of local government imposes a tax under this Section,

25 then that tax applies to leases of tangible personal property

26 in effect, entered into, or renewed on or after that date in
   SB3019 Enrolled   - 781 - LRB104 20255 HLH 33706 b

1 the same manner as the tax under this Section and in accordance

2 with the changes made by this amendatory Act of the 103rd

3 General Assembly.

4  The tax imposed by a home rule county pursuant to this

5 Section and all civil penalties that may be assessed as an

6 incident thereof shall be collected and enforced by the State

7 Department of Revenue. The certificate of registration that is

8 issued by the Department to a retailer under the Retailers'

9 Occupation Tax Act shall permit the retailer to engage in a

10 business that is taxable under any ordinance or resolution

11 enacted pursuant to this Section without registering

12 separately with the Department under such ordinance or

13 resolution or under this Section. The Department shall have

14 full power to administer and enforce this Section; to collect

15 all taxes and penalties due hereunder; to dispose of taxes and

16 penalties so collected in the manner hereinafter provided; and

17 to determine all rights to credit memoranda arising on account

18 of the erroneous payment of tax or penalty hereunder. In the

19 administration of, and compliance with, this Section, the

20 Department and persons who are subject to this Section shall

21 have the same rights, remedies, privileges, immunities, powers

22 and duties, and be subject to the same conditions,

23 restrictions, limitations, penalties and definitions of terms,

24 and employ the same modes of procedure, as are prescribed in

25 Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through

26 2-65 (in respect to all provisions therein other than the
    SB3019 Enrolled  - 782 - LRB104 20255 HLH 33706 b

1 State rate of tax), 3 (except as to the disposition of taxes

2 and penalties collected, and except that the retailer's

3 discount is not allowed for taxes paid on aviation fuel that

4 are subject to the revenue use requirements of 49 U.S.C.

5 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,

6 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12

7 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of

8 the Uniform Penalty and Interest Act, as fully as if those

9 provisions were set forth herein.

10  No tax may be imposed by a home rule county pursuant to

11 this Section unless the county also imposes a tax at the same

12 rate pursuant to Section 5-1007.

13  Persons subject to any tax imposed pursuant to the

14 authority granted in this Section may reimburse themselves for

15 their seller's tax liability hereunder by separately stating

16 such tax as an additional charge, which charge may be stated in

17 combination, in a single amount, with State tax which sellers

18 are required to collect under the Use Tax Act, pursuant to such

19 bracket schedules as the Department may prescribe.

20  Whenever the Department determines that a refund should be

21 made under this Section to a claimant instead of issuing a

22 credit memorandum, the Department shall notify the State

23 Comptroller, who shall cause the order to be drawn for the

24 amount specified and to the person named in the notification

25 from the Department. The refund shall be paid by the State

26 Treasurer out of the home rule county retailers' occupation
    SB3019 Enrolled  - 783 - LRB104 20255 HLH 33706 b

1 tax fund or the Local Government Aviation Trust Fund, as

2 appropriate.

3   Except as otherwise provided in this paragraph, the

4 Department shall forthwith pay over to the State Treasurer, ex

5 officio, as trustee, all taxes and penalties collected

6 hereunder for deposit into the Home Rule County Retailers'

7 Occupation Tax Fund. Taxes and penalties collected on aviation

8 fuel sold on or after December 1, 2019, shall be immediately

9 paid over by the Department to the State Treasurer, ex

10 officio, as trustee, for deposit into the Local Government

11 Aviation Trust Fund. The Department shall only pay moneys into

12 the Local Government Aviation Trust Fund under this Section

13 for so long as the revenue use requirements of 49 U.S.C.

14 47107(b) and 49 U.S.C. 47133 are binding on the county.

15  As soon as possible after the first day of each month,

16 beginning January 1, 2011, upon certification of the

17 Department of Revenue, the Comptroller shall order

18 transferred, and the Treasurer shall transfer, to the STAR

19 Bonds Revenue Fund the local sales tax increment, as defined

20 in the Innovation Development and Economy Act, collected under

21 this Section during the second preceding calendar month for

22 sales within a STAR bond district.

23  As soon as possible after the first day of each month,

24 beginning July 1, 2026, upon certification of the Department

25 of Revenue, the Comptroller shall order transferred, and the

26 Treasurer shall transfer, to the STAR Bonds Revenue Fund the
   SB3019 Enrolled  - 784 - LRB104 20255 HLH 33706 b

1 local sales tax increment, as defined in the Statewide

2 Innovation Development and Economy Act, collected under this

3 Section during the second preceding calendar month for sales

4 within a STAR bond district.

5  After the monthly transfers transfer to the STAR Bonds

6 Revenue Fund, on or before the 25th day of each calendar month,

7 the Department shall prepare and certify to the Comptroller

8 the disbursement of stated sums of money to named counties,

9 the counties to be those from which retailers have paid taxes

10 or penalties hereunder to the Department during the second

11 preceding calendar month. The amount to be paid to each county

12 shall be the amount (not including credit memoranda and not

13 including taxes and penalties collected on aviation fuel sold

14 on or after December 1, 2019) collected hereunder during the

15 second preceding calendar month by the Department plus an

16 amount the Department determines is necessary to offset any

17 amounts that were erroneously paid to a different taxing body,

18 and not including an amount equal to the amount of refunds made

19 during the second preceding calendar month by the Department

20 on behalf of such county, and not including any amount which

21 the Department determines is necessary to offset any amounts

22 which were payable to a different taxing body but were

23 erroneously paid to the county, and not including any amounts

24 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

25 of the remainder, which the Department shall transfer into the

26 Tax Compliance and Administration Fund. The Department, at the
    SB3019 Enrolled       - 785 - LRB104 20255 HLH 33706 b

1 time of each monthly disbursement to the counties, shall

2 prepare and certify to the State Comptroller the amount to be

3 transferred into the Tax Compliance and Administration Fund

4 under this Section. Within 10 days after receipt, by the

5 Comptroller, of the disbursement certification to the counties

6 and the Tax Compliance and Administration Fund provided for in

7 this Section to be given to the Comptroller by the Department,

8 the Comptroller shall cause the orders to be drawn for the

9 respective amounts in accordance with the directions contained

10 in the certification.

11  In addition to the disbursement required by the preceding

12 paragraph, an allocation shall be made in March of each year to

13 each county that received more than $500,000 in disbursements

14 under the preceding paragraph in the preceding calendar year.

15 The allocation shall be in an amount equal to the average

16 monthly distribution made to each such county under the

17 preceding paragraph during the preceding calendar year

18 (excluding the 2 months of highest receipts). The distribution

19 made in March of each year subsequent to the year in which an

20 allocation was made pursuant to this paragraph and the

21 preceding paragraph shall be reduced by the amount allocated

22 and disbursed under this paragraph in the preceding calendar

23 year. The Department shall prepare and certify to the

24 Comptroller for disbursement the allocations made in

25 accordance with this paragraph.

26  For the purpose of determining the local governmental unit
    SB3019 Enrolled  - 786 - LRB104 20255 HLH 33706 b

1 whose tax is applicable, a retail sale by a producer of coal or

2 other mineral mined in Illinois is a sale at retail at the

3 place where the coal or other mineral mined in Illinois is

4 extracted from the earth. This paragraph does not apply to

5 coal or other mineral when it is delivered or shipped by the

6 seller to the purchaser at a point outside Illinois so that the

7 sale is exempt under the United States Constitution as a sale

8 in interstate or foreign commerce.

9   Nothing in this Section shall be construed to authorize a

10 county to impose a tax upon the privilege of engaging in any

11 business which under the Constitution of the United States may

12 not be made the subject of taxation by this State.

13  An ordinance or resolution imposing or discontinuing a tax

14 hereunder or effecting a change in the rate thereof shall be

15 adopted and a certified copy thereof filed with the Department

16 on or before the first day of June, whereupon the Department

17 shall proceed to administer and enforce this Section as of the

18 first day of September next following such adoption and

19 filing. Beginning January 1, 1992, an ordinance or resolution

20 imposing or discontinuing the tax hereunder or effecting a

21 change in the rate thereof shall be adopted and a certified

22 copy thereof filed with the Department on or before the first

23 day of July, whereupon the Department shall proceed to

24 administer and enforce this Section as of the first day of

25 October next following such adoption and filing. Beginning

26 January 1, 1993, an ordinance or resolution imposing or
    SB3019 Enrolled  - 787 - LRB104 20255 HLH 33706 b

1 discontinuing the tax hereunder or effecting a change in the

2 rate thereof shall be adopted and a certified copy thereof

3 filed with the Department on or before the first day of

4 October, whereupon the Department shall proceed to administer

5 and enforce this Section as of the first day of January next

6 following such adoption and filing. Beginning April 1, 1998,

7 an ordinance or resolution imposing or discontinuing the tax

8 hereunder or effecting a change in the rate thereof shall

9 either (i) be adopted and a certified copy thereof filed with

10 the Department on or before the first day of April, whereupon

11 the Department shall proceed to administer and enforce this

12 Section as of the first day of July next following the adoption

13 and filing; or (ii) be adopted and a certified copy thereof

14 filed with the Department on or before the first day of

15 October, whereupon the Department shall proceed to administer

16 and enforce this Section as of the first day of January next

17 following the adoption and filing.

18  When certifying the amount of a monthly disbursement to a

19 county under this Section, the Department shall increase or

20 decrease such amount by an amount necessary to offset any

21 misallocation of previous disbursements. The offset amount

22 shall be the amount erroneously disbursed within the previous

23 6 months from the time a misallocation is discovered.

24  This Section shall be known and may be cited as the Home

25 Rule County Retailers' Occupation Tax Law.

26 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)
   SB3019 Enrolled       - 788 - LRB104 20255 HLH 33706 b

1  (55 ILCS 5/5-1006.8)

2  Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax

3 Law.

4  (a) This Section may be referred to as the County Cannabis

5 Retailers' Occupation Tax Law. The corporate authorities of

6 any county may, by ordinance, impose a tax upon all persons

7 engaged in the business of selling cannabis, other than

8 cannabis purchased under the Compassionate Use of Medical

9 Cannabis Program Act, at retail in the county on the gross

10 receipts from these sales made in the course of that business.

11 If imposed, the tax shall be imposed only in 0.25% increments.

12 The tax rate may not exceed: (i) 3.75% of the gross receipts of

13 sales made in unincorporated areas of the county; and (ii) 3%

14 of the gross receipts of sales made in a municipality located

15 in the county. The tax imposed under this Section and all civil

16 penalties that may be assessed as an incident of the tax shall

17 be collected and enforced by the Department of Revenue. The

18 Department of Revenue shall have full power to administer and

19 enforce this Section; to collect all taxes and penalties due

20 hereunder; to dispose of taxes and penalties so collected in

21 the manner hereinafter provided; and to determine all rights

22 to credit memoranda arising on account of the erroneous

23 payment of tax or penalty under this Section. In the

24 administration of and compliance with this Section, the

25 Department of Revenue and persons who are subject to this
    SB3019 Enrolled  - 789 - LRB104 20255 HLH 33706 b

1 Section shall have the same rights, remedies, privileges,

2 immunities, powers and duties, and be subject to the same

3 conditions, restrictions, limitations, penalties, and

4 definitions of terms, and employ the same modes of procedure,

5 as are described in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m,

6 1n, 2 through 2-65 (in respect to all provisions therein other

7 than the State rate of tax), 2a, 2b, 2c, 2i, 3 (except as to

8 the disposition of taxes and penalties collected), 4, 5, 5a,

9 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6bb, 6c, 6d,

10 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation

11 Tax Act and Section 3-7 of the Uniform Penalty and Interest Act

12 as fully as if those provisions were set forth in this Section.

13  (b) Persons subject to any tax imposed under the authority

14 granted in this Section may reimburse themselves for their

15 seller's tax liability hereunder by separately stating that

16 tax as an additional charge, which charge may be stated in

17 combination, in a single amount, with any State tax that

18 sellers are required to collect.

19  (c) Whenever the Department of Revenue determines that a

20 refund should be made under this Section to a claimant instead

21 of issuing a credit memorandum, the Department of Revenue

22 shall notify the State Comptroller, who shall cause the order

23 to be drawn for the amount specified and to the person named in

24 the notification from the Department of Revenue.

25  (d) Except as otherwise provided in this Section, the The

26 Department of Revenue shall immediately pay over to the State
    SB3019 Enrolled  - 790 - LRB104 20255 HLH 33706 b

1 Treasurer, ex officio, as trustee, all taxes and penalties

2 collected hereunder for deposit into the Local Cannabis

3 Retailers' Occupation Tax Trust Fund.

4   As soon as possible after the first day of each month,

5 beginning July 1, 2026, upon certification of the Department

6 of Revenue, the Comptroller shall order transferred, and the

7 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

8 local sales tax increment, as defined in the Statewide

9 Innovation Development and Economy Act, collected under this

10 Section during the second preceding calendar month for sales

11 within a STAR bond district.

12  (e) After the monthly transfer to the STAR Bonds Revenue

13 Fund, on On or before the 25th day of each calendar month, the

14 Department of Revenue shall prepare and certify to the

15 Comptroller the amount of money to be disbursed from the Local

16 Cannabis Retailers' Occupation Tax Trust Fund to counties from

17 which retailers have paid taxes or penalties under this

18 Section during the second preceding calendar month. The amount

19 to be paid to each county shall be the amount (not including

20 credit memoranda) collected under this Section from sales made

21 in the county during the second preceding calendar month, plus

22 an amount the Department of Revenue determines is necessary to

23 offset any amounts that were erroneously paid to a different

24 taxing body, and not including an amount equal to the amount of

25 refunds made during the second preceding calendar month by the

26 Department on behalf of such county, and not including any
    SB3019 Enrolled  - 791 - LRB104 20255 HLH 33706 b

1 amount that the Department determines is necessary to offset

2 any amounts that were payable to a different taxing body but

3 were erroneously paid to the county, and not including any

4 amounts that are transferred to the STAR Bonds Revenue Fund,

5 less 1.5% of the remainder, which the Department shall

6 transfer into the Tax Compliance and Administration Fund. The

7 Department, at the time of each monthly disbursement to the

8 counties, shall prepare and certify the State Comptroller the

9 amount to be transferred into the Tax Compliance and

10 Administration Fund under this Section. Within 10 days after

11 receipt by the Comptroller of the disbursement certification

12 to the counties and the Tax Compliance and Administration Fund

13 provided for in this Section to be given to the Comptroller by

14 the Department, the Comptroller shall cause the orders to be

15 drawn for the respective amounts in accordance with the

16 directions contained in the certification.

17  (f) An ordinance or resolution imposing or discontinuing a

18 tax under this Section or effecting a change in the rate

19 thereof that is adopted on or after June 25, 2019 (the

20 effective date of Public Act 101-27) and for which a certified

21 copy is filed with the Department on or before April 1, 2020

22 shall be administered and enforced by the Department beginning

23 on July 1, 2020. For ordinances filed with the Department

24 after April 1, 2020, an ordinance or resolution imposing or

25 discontinuing a tax under this Section or effecting a change

26 in the rate thereof shall either (i) be adopted and a certified
    SB3019 Enrolled       - 792 - LRB104 20255 HLH 33706 b

1 copy thereof filed with the Department on or before the first

2 day of April, whereupon the Department shall proceed to

3 administer and enforce this Section as of the first day of July

4 next following the adoption and filing; or (ii) be adopted and

5 a certified copy thereof filed with the Department on or

6 before the first day of October, whereupon the Department

7 shall proceed to administer and enforce this Section as of the

8 first day of January next following the adoption and filing.

9   (g) Notwithstanding any provision in this Section to the

10 contrary, if an ordinance or resolution imposing a tax under

11 this Section was adopted on or before October 1, 2020 and a

12 certified copy thereof was filed with the Department of

13 Revenue on or before November 1, 2020, then the Department

14 shall proceed to administer and enforce this Section as of May

15 1, 2021 for such ordinances or resolutions.

16 (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19;

17 101-593, eff. 12-4-19; 102-2, eff. 4-2-21.)

18  (55 ILCS 5/5-1006.9)

19  Sec. 5-1006.9. County Grocery Occupation Tax Law.

20  (a) The corporate authorities of any county may, by

21 ordinance or resolution that takes effect on or after January

22 1, 2026, impose a tax upon all persons engaged in the business

23 of selling groceries at retail in the county, but outside of

24 any municipality, on the gross receipts from those sales made

25 in the course of that business. If imposed, the tax shall be at
    SB3019 Enrolled  - 793 - LRB104 20255 HLH 33706 b

1 the rate of 1% of the gross receipts from these sales.

2   The tax imposed by a county under this subsection and all

3 civil penalties that may be assessed as an incident of the tax

4 shall be collected and enforced by the Department. The

5 certificate of registration that is issued by the Department

6 to a retailer under the Retailers' Occupation Tax Act shall

7 permit the retailer to engage in a business that is taxable

8 under any ordinance or resolution enacted under this

9 subsection without registering separately with the Department

10 under that ordinance or resolution or under this subsection.

11  The Department shall have full power to administer and

12 enforce this subsection; to collect all taxes and penalties

13 due under this subsection; to dispose of taxes and penalties

14 so collected in the manner provided in this Section and under

15 rules adopted by the Department; and to determine all rights

16 to credit memoranda arising on account of the erroneous

17 payment of tax or penalty under this subsection.

18  In the administration of, and compliance with, this

19 subsection, the Department and persons who are subject to this

20 subsection shall have the same rights, remedies, privileges,

21 immunities, powers, and duties, and be subject to the same

22 conditions, restrictions, limitations, penalties and

23 definitions of terms, and employ the same modes of procedure,

24 as are prescribed in Sections 1, 2 through 2-65 (in respect to

25 all provisions therein other than the State rate of tax and

26 other than the exemption for food for human consumption that
    SB3019 Enrolled  - 794 - LRB104 20255 HLH 33706 b

1 is to be consumed off the premises where it is sold (other than

2 alcoholic beverages, food consisting of or infused with adult

3 use cannabis, soft drinks, candy, and food that has been

4 prepared for immediate consumption), which is authorized to be

5 taxed as provided in this subsection), 2c, 3 (except as to the

6 disposition of taxes and penalties collected), 4, 5, 5a, 5b,

7 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11,

8 11a, 12 and 13 of the Retailers' Occupation Tax Act and all of

9 the Uniform Penalty and Interest Act, as fully as if those

10 provisions were set forth in this Section.

11  Persons subject to any tax imposed under the authority

12 granted in this subsection may reimburse themselves for their

13 seller's tax liability hereunder by separately stating that

14 tax as an additional charge, which charge may be stated in

15 combination, in a single amount, with State tax that sellers

16 are required to collect under the Use Tax Act, pursuant to such

17 bracket schedules as the Department may prescribe.

18  (b) If a tax has been imposed under subsection (a), then a

19 service occupation tax must also be imposed at the same rate

20 upon all persons engaged, in the county but outside of a

21 municipality, in the business of making sales of service, who,

22 as an incident to making those sales of service, transfer

23 groceries, as defined in this Section, as an incident to a sale

24 of service.

25  The tax imposed under this subsection and all civil

26 penalties that may be assessed as an incident thereof shall be
    SB3019 Enrolled  - 795 - LRB104 20255 HLH 33706 b

1 collected and enforced by the Department. The certificate of

2 registration that is issued by the Department to a retailer

3 under the Retailers' Occupation Tax Act or the Service

4 Occupation Tax Act shall permit the registrant to engage in a

5 business that is taxable under any ordinance or resolution

6 enacted pursuant to this subsection without registering

7 separately with the Department under the ordinance or

8 resolution or under this subsection.

9   The Department shall have full power to administer and

10 enforce this subsection, to collect all taxes and penalties

11 due under this subsection, to dispose of taxes and penalties

12 so collected in the manner provided in this Section and under

13 rules adopted by the Department, and to determine all rights

14 to credit memoranda arising on account of the erroneous

15 payment of a tax or penalty under this subsection.

16  In the administration of and compliance with this

17 subsection, the Department and persons who are subject to this

18 subsection shall have the same rights, remedies, privileges,

19 immunities, powers and duties, and be subject to the same

20 conditions, restrictions, limitations, penalties and

21 definitions of terms, and employ the same modes of procedure

22 as are set forth in Sections 2, 2c, 3 through 3-50 (in respect

23 to all provisions contained in those Sections other than: (i)

24 the State rate of tax; (ii) the exemption for food for human

25 consumption that is to be consumed off the premises where it is

26 sold (other than alcoholic beverages, food consisting of or
    SB3019 Enrolled            - 796 - LRB104 20255 HLH 33706 b

1 infused with adult use cannabis, soft drinks, candy, and food

2 that has been prepared for immediate consumption), which is

3 authorized to be taxed as provided in this subsection; and

4 (iii) the exemption for food prepared for immediate

5 consumption and transferred incident to a sale of service

6 subject to the Service Occupation Tax Act or the Service Use

7 Tax Act by an entity licensed under the Hospital Licensing

8 Act, the Nursing Home Care Act, the Assisted Living and Shared

9 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

10 Specialized Mental Health Rehabilitation Act of 2013, or the

11 Child Care Act of 1969, or an entity that holds a permit issued

12 pursuant to the Life Care Facilities Act, which is authorized

13 to be taxed as provided in this subsection), 4, 5, 7, 8, 9

14 (except as to the disposition of taxes and penalties

15 collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the

16 Service Occupation Tax Act and all provisions of the Uniform

17 Penalty and Interest Act, as fully as if those provisions were

18 set forth in this Section.

19  Persons subject to any tax imposed under the authority

20 granted in this subsection may reimburse themselves for their

21 serviceman's tax liability by separately stating the tax as an

22 additional charge, which may be stated in combination, in a

23 single amount, with State tax that servicemen are authorized

24 to collect under the Service Use Tax Act, pursuant to any

25 bracketed schedules set forth by the Department.

26  (c) The Department shall immediately pay over to the State
    SB3019 Enrolled  - 797 - LRB104 20255 HLH 33706 b

1 Treasurer, ex officio, as trustee, all taxes and penalties

2 collected under this Section. Those taxes and penalties shall

3 be deposited into the County Grocery Tax Trust Fund, a trust

4 fund created in the State treasury. Except as otherwise

5 provided in this Section, moneys in the County Grocery Tax

6 Trust Fund shall be used to make payments to counties and for

7 the payment of refunds under this Section.

8   Moneys deposited into the County Grocery Tax Trust Fund

9 under this Section are not subject to appropriation and shall

10 be used as provided in this Section. All deposits into the

11 County Grocery Tax Trust Fund shall be held in the County

12 Grocery Tax Trust Fund by the State Treasurer, ex officio, as

13 trustee separate and apart from all public moneys or funds of

14 this State.

15  Whenever the Department determines that a refund should be

16 made under this Section to a claimant instead of issuing a

17 credit memorandum, the Department shall notify the State

18 Comptroller, who shall cause the order to be drawn for the

19 amount specified and to the person named in the notification

20 from the Department. The refund shall be paid by the State

21 Treasurer out of the County Grocery Tax Trust Fund.

22  (d) As soon as possible after the first day of each month,

23 upon certification of the Department, the Comptroller shall

24 order transferred, and the Treasurer shall transfer, to the

25 STAR Bonds Revenue Fund the local sales tax increment, if any,

26 as defined in the Innovation Development and Economy Act,
   SB3019 Enrolled  - 798 - LRB104 20255 HLH 33706 b

1 collected under this Section.

2  As soon as possible after the first day of each month, upon

3 certification of the Department of Revenue, the Comptroller

4 shall order transferred, and the Treasurer shall transfer, to

5 the STAR Bonds Revenue Fund the local sales tax increment, as

6 defined in the Statewide Innovation Development and Economy

7 Act, collected under this Section during the second preceding

8 calendar month for sales within a STAR bond district.

9  After the monthly transfers transfer to the STAR Bonds

10 Revenue Fund, if any, on or before the 25th day of each

11 calendar month, the Department shall prepare and certify to

12 the Comptroller the disbursement of stated sums of money to

13 named counties, the counties to be those from which retailers

14 have paid taxes or penalties under this Section to the

15 Department during the second preceding calendar month. The

16 amount to be paid to each county shall be the amount (not

17 including credit memoranda) collected under this Section

18 during the second preceding calendar month by the Department

19 plus an amount the Department determines is necessary to

20 offset any amounts that were erroneously paid to a different

21 taxing body, and not including an amount equal to the amount of

22 refunds made during the second preceding calendar month by the

23 Department on behalf of such county, and not including any

24 amount that the Department determines is necessary to offset

25 any amounts that were payable to a different taxing body but

26 were erroneously paid to the county, and not including any
    SB3019 Enrolled  - 799 - LRB104 20255 HLH 33706 b

1 amounts that are transferred to the STAR Bonds Revenue Fund.

2 Within 10 days after receipt by the Comptroller of the

3 disbursement certification to the counties provided for in

4 this Section to be given to the Comptroller by the Department,

5 the Comptroller shall cause the orders to be drawn for the

6 amounts in accordance with the directions contained in the

7 certification.

8   (e) Nothing in this Section shall be construed to

9 authorize a county to impose a tax upon the privilege of

10 engaging in any business which under the Constitution of the

11 United States may not be made the subject of taxation by this

12 State.

13  (f) Except as otherwise provided in this subsection, an

14 ordinance or resolution imposing or discontinuing the tax

15 hereunder or effecting a change in the rate thereof shall

16 either (i) be adopted and a certified copy thereof filed with

17 the Department on or before the first day of April, whereupon

18 the Department shall proceed to administer and enforce this

19 Section as of the first day of July next following the adoption

20 and filing, or (ii) be adopted and a certified copy thereof

21 filed with the Department on or before the first day of

22 October, whereupon the Department shall proceed to administer

23 and enforce this Section as of the first day of January next

24 following the adoption and filing.

25  (g) When certifying the amount of a monthly disbursement

26 to a county under this Section, the Department shall increase
    SB3019 Enrolled             - 800 - LRB104 20255 HLH 33706 b

1 or decrease the amount by an amount necessary to offset any

2 misallocation of previous disbursements. The offset amount

3 shall be the amount erroneously disbursed within the previous

4 6 months from the time a misallocation is discovered.

5   (h) As used in this Section, "Department" means the

6 Department of Revenue.

7   For purposes of the tax authorized to be imposed under

8 subsection (a), "groceries" has the same meaning as "food for

9 human consumption that is to be consumed off the premises

10 where it is sold (other than alcoholic beverages, food

11 consisting of or infused with adult use cannabis, soft drinks,

12 candy, and food that has been prepared for immediate

13 consumption)", as further defined in Section 2-10 of the

14 Retailers' Occupation Tax Act.

15  For purposes of the tax authorized to be imposed under

16 subsection (b), "groceries" has the same meaning as "food for

17 human consumption that is to be consumed off the premises

18 where it is sold (other than alcoholic beverages, food

19 consisting of or infused with adult use cannabis, soft drinks,

20 candy, and food that has been prepared for immediate

21 consumption)", as further defined in Section 3-10 of the

22 Service Occupation Tax Act.

23  For purposes of the tax authorized to be imposed under

24 subsection (b), "groceries" also means food prepared for

25 immediate consumption and transferred incident to a sale of

26 service subject to the Service Occupation Tax Act or the
    SB3019 Enrolled    - 801 - LRB104 20255 HLH 33706 b

1 Service Use Tax Act by an entity licensed under the Hospital

2 Licensing Act, the Nursing Home Care Act, the Assisted Living

3 and Shared Housing Act, the ID/DD Community Care Act, the

4 MC/DD Act, the Specialized Mental Health Rehabilitation Act of

5 2013, or the Child Care Act of 1969, or an entity that holds a

6 permit issued pursuant to the Life Care Facilities Act.

7   (i) This Section may be referred to as the County Grocery

8 Occupation Tax Law.

9 (Source: P.A. 103-781, eff. 8-5-24; 104-6, eff. 1-1-26.)

10  (55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)

11  Sec. 5-1007. Home Rule County Service Occupation Tax Law.

12 The corporate authorities of a home rule county may impose a

13 tax upon all persons engaged, in such county, in the business

14 of making sales of service at the same rate of tax imposed

15 pursuant to Section 5-1006 of the selling price of all

16 tangible personal property transferred by such servicemen

17 either in the form of tangible personal property or in the form

18 of real estate as an incident to a sale of service. If imposed,

19 such tax shall only be imposed in 1/4% increments. On and after

20 September 1, 1991, this additional tax may not be imposed on

21 tangible personal property taxed at the 1% rate under the

22 Service Occupation Tax Act (or at the 0% rate imposed under

23 this amendatory Act of the 102nd General Assembly). Beginning

24 December 1, 2019, this tax is not imposed on sales of aviation

25 fuel unless the tax revenue is expended for airport-related
SB3019 Enrolled  - 802 - LRB104 20255 HLH 33706 b

 1 purposes. If the county does not have an airport-related
 2 purpose to which it dedicates aviation fuel tax revenue, then
 3 aviation fuel is excluded from the tax. The county must comply
 4 with the certification requirements for airport-related
 5 purposes under Section 2-22 of the Retailers' Occupation Tax
 6 Act. For purposes of this Section, "airport-related purposes"
 7 has the meaning ascribed in Section 6z-20.2 of the State
 8 Finance Act. This exclusion for aviation fuel only applies for
 9 so long as the revenue use requirements of 49 U.S.C. 47107(b)
10 and 49 U.S.C. 47133 are binding on the county. The changes made
11 to this Section by this amendatory Act of the 101st General
12 Assembly are a denial and limitation of home rule powers and
13 functions under subsection (g) of Section 6 of Article VII of
14 the Illinois Constitution. The tax imposed by a home rule
15 county pursuant to this Section and all civil penalties that
16 may be assessed as an incident thereof shall be collected and
17 enforced by the State Department of Revenue. The certificate
18 of registration which is issued by the Department to a
19 retailer under the Retailers' Occupation Tax Act or under the
20 Service Occupation Tax Act shall permit such registrant to
21 engage in a business which is taxable under any ordinance or
22 resolution enacted pursuant to this Section without
23 registering separately with the Department under such
24 ordinance or resolution or under this Section. The Department
25 shall have full power to administer and enforce this Section;
26 to collect all taxes and penalties due hereunder; to dispose
SB3019 Enrolled  - 803 - LRB104 20255 HLH 33706 b

 1 of taxes and penalties so collected in the manner hereinafter
 2 provided; and to determine all rights to credit memoranda
 3 arising on account of the erroneous payment of tax or penalty
 4 hereunder. In the administration of, and compliance with, this
 5 Section the Department and persons who are subject to this
 6 Section shall have the same rights, remedies, privileges,
 7 immunities, powers and duties, and be subject to the same
 8 conditions, restrictions, limitations, penalties and
 9 definitions of terms, and employ the same modes of procedure,
10 as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
11 respect to all provisions therein other than the State rate of
12 tax), 4 (except that the reference to the State shall be to the
13 taxing county), 5, 7, 8 (except that the jurisdiction to which
14 the tax shall be a debt to the extent indicated in that Section
15 8 shall be the taxing county), 9 (except as to the disposition
16 of taxes and penalties collected, and except that the returned
17 merchandise credit for this county tax may not be taken
18 against any State tax, and except that the retailer's discount
19 is not allowed for taxes paid on aviation fuel that are subject
20 to the revenue use requirements of 49 U.S.C. 47107(b) and 49
21 U.S.C. 47133), 10, 11, 12 (except the reference therein to
22 Section 2b of the Retailers' Occupation Tax Act), 13 (except
23 that any reference to the State shall mean the taxing county),
24 the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the
25 Service Occupation Tax Act and Section 3-7 of the Uniform
26 Penalty and Interest Act, as fully as if those provisions were
    SB3019 Enrolled           - 804 - LRB104 20255 HLH 33706 b

1 set forth herein.

2   No tax may be imposed by a home rule county pursuant to

3 this Section unless such county also imposes a tax at the same

4 rate pursuant to Section 5-1006.

5   If, on January 1, 2025, a unit of local government has in

6 effect a tax under this Section, or if, after January 1, 2025,

7 a unit of local government imposes a tax under this Section,

8 then that tax applies to leases of tangible personal property

9 in effect, entered into, or renewed on or after that date in

10 the same manner as the tax under this Section and in accordance

11 with the changes made by this amendatory Act of the 103rd

12 General Assembly.

13  Persons subject to any tax imposed pursuant to the

14 authority granted in this Section may reimburse themselves for

15 their serviceman's tax liability hereunder by separately

16 stating such tax as an additional charge, which charge may be

17 stated in combination, in a single amount, with State tax

18 which servicemen are authorized to collect under the Service

19 Use Tax Act, pursuant to such bracket schedules as the

20 Department may prescribe.

21  Whenever the Department determines that a refund should be

22 made under this Section to a claimant instead of issuing

23 credit memorandum, the Department shall notify the State

24 Comptroller, who shall cause the order to be drawn for the

25 amount specified, and to the person named, in such

26 notification from the Department. Such refund shall be paid by
    SB3019 Enrolled      - 805 - LRB104 20255 HLH 33706 b

1 the State Treasurer out of the home rule county retailers'

2 occupation tax fund or the Local Government Aviation Trust

3 Fund, as appropriate.

4   Except as otherwise provided in this paragraph, the

5 Department shall forthwith pay over to the State Treasurer, ex

6 officio, as trustee, all taxes and penalties collected

7 hereunder for deposit into the Home Rule County Retailers'

8 Occupation Tax Fund. Taxes and penalties collected on aviation

9 fuel sold on or after December 1, 2019, shall be immediately

10 paid over by the Department to the State Treasurer, ex

11 officio, as trustee, for deposit into the Local Government

12 Aviation Trust Fund. The Department shall only pay moneys into

13 the Local Government Aviation Trust Fund under this Section

14 for so long as the revenue use requirements of 49 U.S.C.

15 47107(b) and 49 U.S.C. 47133 are binding on the county.

16  As soon as possible after the first day of each month,

17 beginning January 1, 2011, upon certification of the

18 Department of Revenue, the Comptroller shall order

19 transferred, and the Treasurer shall transfer, to the STAR

20 Bonds Revenue Fund the local sales tax increment, as defined

21 in the Innovation Development and Economy Act, collected under

22 this Section during the second preceding calendar month for

23 sales within a STAR bond district.

24  As soon as possible after the first day of each month,

25 beginning July 1, 2026, upon certification of the Department

26 of Revenue, the Comptroller shall order transferred, and the
   SB3019 Enrolled  - 806 - LRB104 20255 HLH 33706 b

1 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

2 local sales tax increment, as defined in the Statewide

3 Innovation Development and Economy Act, collected under this

4 Section during the second preceding calendar month for sales

5 within a STAR bond district.

6  After the monthly transfers transfer to the STAR Bonds

7 Revenue Fund, on or before the 25th day of each calendar month,

8 the Department shall prepare and certify to the Comptroller

9 the disbursement of stated sums of money to named counties,

10 the counties to be those from which suppliers and servicemen

11 have paid taxes or penalties hereunder to the Department

12 during the second preceding calendar month. The amount to be

13 paid to each county shall be the amount (not including credit

14 memoranda and not including taxes and penalties collected on

15 aviation fuel sold on or after December 1, 2019) collected

16 hereunder during the second preceding calendar month by the

17 Department, and not including an amount equal to the amount of

18 refunds made during the second preceding calendar month by the

19 Department on behalf of such county, and not including any

20 amounts that are transferred to the STAR Bonds Revenue Fund,

21 less 1.5% of the remainder, which the Department shall

22 transfer into the Tax Compliance and Administration Fund. The

23 Department, at the time of each monthly disbursement to the

24 counties, shall prepare and certify to the State Comptroller

25 the amount to be transferred into the Tax Compliance and

26 Administration Fund under this Section. Within 10 days after
    SB3019 Enrolled  - 807 - LRB104 20255 HLH 33706 b

1 receipt, by the Comptroller, of the disbursement certification

2 to the counties and the Tax Compliance and Administration Fund

3 provided for in this Section to be given to the Comptroller by

4 the Department, the Comptroller shall cause the orders to be

5 drawn for the respective amounts in accordance with the

6 directions contained in such certification.

7   In addition to the disbursement required by the preceding

8 paragraph, an allocation shall be made in each year to each

9 county which received more than $500,000 in disbursements

10 under the preceding paragraph in the preceding calendar year.

11 The allocation shall be in an amount equal to the average

12 monthly distribution made to each such county under the

13 preceding paragraph during the preceding calendar year

14 (excluding the 2 months of highest receipts). The distribution

15 made in March of each year subsequent to the year in which an

16 allocation was made pursuant to this paragraph and the

17 preceding paragraph shall be reduced by the amount allocated

18 and disbursed under this paragraph in the preceding calendar

19 year. The Department shall prepare and certify to the

20 Comptroller for disbursement the allocations made in

21 accordance with this paragraph.

22  Nothing in this Section shall be construed to authorize a

23 county to impose a tax upon the privilege of engaging in any

24 business which under the Constitution of the United States may

25 not be made the subject of taxation by this State.

26  An ordinance or resolution imposing or discontinuing a tax
SB3019 Enrolled  - 808 - LRB104 20255 HLH 33706 b

 1 hereunder or effecting a change in the rate thereof shall be
 2 adopted and a certified copy thereof filed with the Department
 3 on or before the first day of June, whereupon the Department
 4 shall proceed to administer and enforce this Section as of the
 5 first day of September next following such adoption and
 6 filing. Beginning January 1, 1992, an ordinance or resolution
 7 imposing or discontinuing the tax hereunder or effecting a
 8 change in the rate thereof shall be adopted and a certified
 9 copy thereof filed with the Department on or before the first
10 day of July, whereupon the Department shall proceed to
11 administer and enforce this Section as of the first day of
12 October next following such adoption and filing. Beginning
13 January 1, 1993, an ordinance or resolution imposing or
14 discontinuing the tax hereunder or effecting a change in the
15 rate thereof shall be adopted and a certified copy thereof
16 filed with the Department on or before the first day of
17 October, whereupon the Department shall proceed to administer
18 and enforce this Section as of the first day of January next
19 following such adoption and filing. Beginning April 1, 1998,
20 an ordinance or resolution imposing or discontinuing the tax
21 hereunder or effecting a change in the rate thereof shall
22 either (i) be adopted and a certified copy thereof filed with
23 the Department on or before the first day of April, whereupon
24 the Department shall proceed to administer and enforce this
25 Section as of the first day of July next following the adoption
26 and filing; or (ii) be adopted and a certified copy thereof
    SB3019 Enrolled  - 809 - LRB104 20255 HLH 33706 b

1 filed with the Department on or before the first day of

2 October, whereupon the Department shall proceed to administer

3 and enforce this Section as of the first day of January next

4 following the adoption and filing.

5   This Section shall be known and may be cited as the Home

6 Rule County Service Occupation Tax Law.

7 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

8   Section 100-20. The Illinois Municipal Code is amended by

9 changing Sections 8-4-1, 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,

10 8-11-1.7, 8-11-5, 8-11-23, 8-11-24, and 11-74.3-6 as follows:

11  (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)

12  Sec. 8-4-1. No bonds shall be issued by the corporate

13 authorities of any municipality until the question of

14 authorizing such bonds has been submitted to the electors of

15 that municipality provided that notice of the bond referendum,

16 if held before July 1, 1999, has been given in accordance with

17 the provisions of Section 12-5 of the Election Code in effect

18 at the time of the bond referendum, at least 10 and not more

19 than 45 days before the date of the election, notwithstanding

20 the time for publication otherwise imposed by Section 12-5,

21 and approved by a majority of the electors voting upon that

22 question. Notices required in connection with the submission

23 of public questions on or after July 1, 1999 shall be as set

24 forth in Section 12-5 of the Election Code. The clerk shall
    SB3019 Enrolled  - 810 - LRB104 20255 HLH 33706 b

1 certify the proposition of the corporate authorities to the

2 proper election authority who shall submit the question at an

3 election in accordance with the general election law, subject

4 to the notice provisions set forth in this Section.

5   Notice of any such election shall contain the amount of

6 the bond issue, purpose for which issued, and maximum rate of

7 interest.

8   In addition to all other authority to issue bonds, the

9 Village of Indian Head Park is authorized to issue bonds for

10 the purpose of paying the costs of making roadway improvements

11 in an amount not to exceed the aggregate principal amount of

12 $2,500,000, provided that 60% of the votes cast at the general

13 primary election held on March 18, 2014 are cast in favor of

14 the issuance of the bonds, and the bonds are issued by December

15 31, 2014.

16  However, without the submission of the question of issuing

17 bonds to the electors, the corporate authorities of any

18 municipality may authorize the issuance of any of the

19 following bonds:

20  (1) Bonds to refund any existing bonded indebtedness;

21  (2) Bonds to fund or refund any existing judgment

22  indebtedness;

23  (3) In any municipality of less than 500,000

24  population, bonds to anticipate the collection of

25  installments of special assessments and special taxes

26  against property owned by the municipality and to
    SB3019 Enrolled  - 811 - LRB104 20255 HLH 33706 b

1   anticipate the collection of the amount apportioned to the

2   municipality as public benefits under Article 9;

3   (4) Bonds issued by any municipality under Sections

4   8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1

5   through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1

6   through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1

7   through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1

8   through 11-102-10, 11-103-11 through 11-103-15, 11-118-1

9   through 11-118-6, 11-119-1 through 11-119-5, 11-129-1

10  through 11-129-7, 11-133-1 through 11-133-4, 11-139-1

11  through 11-139-12, 11-141-1 through 11-141-18 of this

12  Code, or 10-801 through 10-808 of the Illinois Highway

13  Code;

14  (5) Bonds issued by the board of education of any

15  school district under the provisions of Sections 34-30

16  through 34-36 of the School Code;

17  (6) Bonds issued by any municipality under the

18  provisions of Division 6 of this Article 8; and by any

19  municipality under the provisions of Division 7 of this

20  Article 8; or under the provisions of Sections 11-121-4

21  and 11-121-5;

22  (7) Bonds to pay for the purchase of voting machines

23  by any municipality that has adopted Article 24 of the

24  Election Code;

25  (8) Bonds issued by any municipality under Sections 15

26  and 46 of the Environmental Protection Act;
    SB3019 Enrolled      - 812 - LRB104 20255 HLH 33706 b

1   (9) Bonds issued by the corporate authorities of any

2   municipality under the provisions of Section 8-4-25 of

3   this Article 8;

4   (10) Bonds issued under Section 8-4-26 of this Article

5   8 by any municipality having a board of election

6   commissioners;

7   (11) Bonds issued under the provisions of the Special

8   Service Area Tax Act (repealed);

9   (12) Bonds issued under Section 8-5-16 of this Code;

10  (13) Bonds to finance the cost of the acquisition,

11  construction, or improvement of water or wastewater

12  treatment facilities mandated by an enforceable compliance

13  schedule developed in connection with the federal Clean

14  Water Act or a compliance order issued by the United

15  States Environmental Protection Agency or the Illinois

16  Pollution Control Board; provided that such bonds are

17  authorized by an ordinance adopted by a three-fifths

18  majority of the corporate authorities of the municipality

19  issuing the bonds which ordinance shall specify that the

20  construction or improvement of such facilities is

21  necessary to alleviate an emergency condition in such

22  municipality;

23  (14) Bonds issued by any municipality pursuant to

24  Section 11-113.1-1;

25  (15) Bonds issued under Sections 11-74.6-1 through

26  11-74.6-45, the Industrial Jobs Recovery Law of this Code;
   SB3019 Enrolled  - 813 - LRB104 20255 HLH 33706 b

1  (16) Bonds issued under the Innovation Development and

2  Economy Act, except as may be required by Section 35 of

3  that Act.

4  (17) Bonds issued under the Statewide Innovation

5  Development and Economy Act, except as may be required by

6  Section 5-60 of that Act.

7 (Source: P.A. 102-587, eff. 1-1-22; 103-605, eff. 7-1-24.)

8  (65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)

9  Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax

10 Act. The corporate authorities of a home rule municipality may

11 impose a tax upon all persons engaged in the business of

12 selling tangible personal property, other than an item of

13 tangible personal property titled or registered with an agency

14 of this State's government, at retail in the municipality on

15 the gross receipts from these sales made in the course of such

16 business. If imposed, the tax shall only be imposed in 1/4%

17 increments. On and after September 1, 1991, this additional

18 tax may not be imposed on tangible personal property taxed at

19 the 1% rate under the Retailers' Occupation Tax Act (or at the

20 0% rate imposed under this amendatory Act of the 102nd General

21 Assembly). Beginning December 1, 2019, this tax is not imposed

22 on sales of aviation fuel unless the tax revenue is expended

23 for airport-related purposes. If a municipality does not have

24 an airport-related purpose to which it dedicates aviation fuel

25 tax revenue, then aviation fuel is excluded from the tax. Each
SB3019 Enrolled  - 814 - LRB104 20255 HLH 33706 b

 1 municipality must comply with the certification requirements
 2 for airport-related purposes under Section 2-22 of the
 3 Retailers' Occupation Tax Act. For purposes of this Section,
 4 "airport-related purposes" has the meaning ascribed in Section
 5 6z-20.2 of the State Finance Act. This exclusion for aviation
 6 fuel only applies for so long as the revenue use requirements
 7 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 8 municipality. The changes made to this Section by this
 9 amendatory Act of the 101st General Assembly are a denial and
10 limitation of home rule powers and functions under subsection
11 (g) of Section 6 of Article VII of the Illinois Constitution.
12 The tax imposed by a home rule municipality under this Section
13 and all civil penalties that may be assessed as an incident of
14 the tax shall be collected and enforced by the State
15 Department of Revenue. The certificate of registration that is
16 issued by the Department to a retailer under the Retailers'
17 Occupation Tax Act shall permit the retailer to engage in a
18 business that is taxable under any ordinance or resolution
19 enacted pursuant to this Section without registering
20 separately with the Department under such ordinance or
21 resolution or under this Section. The Department shall have
22 full power to administer and enforce this Section; to collect
23 all taxes and penalties due hereunder; to dispose of taxes and
24 penalties so collected in the manner hereinafter provided; and
25 to determine all rights to credit memoranda arising on account
26 of the erroneous payment of tax or penalty hereunder. In the
    SB3019 Enrolled   - 815 - LRB104 20255 HLH 33706 b

1 administration of, and compliance with, this Section the

2 Department and persons who are subject to this Section shall

3 have the same rights, remedies, privileges, immunities, powers

4 and duties, and be subject to the same conditions,

5 restrictions, limitations, penalties and definitions of terms,

6 and employ the same modes of procedure, as are prescribed in

7 Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65

8 (in respect to all provisions therein other than the State

9 rate of tax), 2c, 3 (except as to the disposition of taxes and

10 penalties collected, and except that the retailer's discount

11 is not allowed for taxes paid on aviation fuel that are subject

12 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

13 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,

14 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the

15 Retailers' Occupation Tax Act and Section 3-7 of the Uniform

16 Penalty and Interest Act, as fully as if those provisions were

17 set forth herein.

18  No tax may be imposed by a home rule municipality under

19 this Section unless the municipality also imposes a tax at the

20 same rate under Section 8-11-5 of this Act.

21  If, on January 1, 2025, a unit of local government has in

22 effect a tax under this Section, or if, after January 1, 2025,

23 a unit of local government imposes a tax under this Section,

24 then that tax applies to leases of tangible personal property

25 in effect, entered into, or renewed on or after that date in

26 the same manner as the tax under this Section and in accordance
    SB3019 Enrolled  - 816 - LRB104 20255 HLH 33706 b

1 with the changes made by this amendatory Act of the 103rd

2 General Assembly.

3   Persons subject to any tax imposed under the authority

4 granted in this Section may reimburse themselves for their

5 seller's tax liability hereunder by separately stating that

6 tax as an additional charge, which charge may be stated in

7 combination, in a single amount, with State tax which sellers

8 are required to collect under the Use Tax Act, pursuant to such

9 bracket schedules as the Department may prescribe.

10  Whenever the Department determines that a refund should be

11 made under this Section to a claimant instead of issuing a

12 credit memorandum, the Department shall notify the State

13 Comptroller, who shall cause the order to be drawn for the

14 amount specified and to the person named in the notification

15 from the Department. The refund shall be paid by the State

16 Treasurer out of the home rule municipal retailers' occupation

17 tax fund or the Local Government Aviation Trust Fund, as

18 appropriate.

19  Except as otherwise provided in this paragraph, the

20 Department shall immediately pay over to the State Treasurer,

21 ex officio, as trustee, all taxes and penalties collected

22 hereunder for deposit into the Home Rule Municipal Retailers'

23 Occupation Tax Fund. Taxes and penalties collected on aviation

24 fuel sold on or after December 1, 2019, shall be immediately

25 paid over by the Department to the State Treasurer, ex

26 officio, as trustee, for deposit into the Local Government
    SB3019 Enrolled  - 817 - LRB104 20255 HLH 33706 b

1 Aviation Trust Fund. The Department shall only pay moneys into

2 the Local Government Aviation Trust Fund under this Section

3 for so long as the revenue use requirements of 49 U.S.C.

4 47107(b) and 49 U.S.C. 47133 are binding on the State.

5   As soon as possible after the first day of each month,

6 beginning January 1, 2011, upon certification of the

7 Department of Revenue, the Comptroller shall order

8 transferred, and the Treasurer shall transfer, to the STAR

9 Bonds Revenue Fund the local sales tax increment, as defined

10 in the Innovation Development and Economy Act, collected under

11 this Section during the second preceding calendar month for

12 sales within a STAR bond district.

13  As soon as possible after the first day of each month,

14 beginning July 1, 2026, upon certification of the Department

15 of Revenue, the Comptroller shall order transferred, and the

16 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

17 local sales tax increment, as defined in the Statewide

18 Innovation Development and Economy Act, collected under this

19 Section during the second preceding calendar month for sales

20 within a STAR bond district.

21  After the monthly transfers transfer to the STAR Bonds

22 Revenue Fund, on or before the 25th day of each calendar month,

23 the Department shall prepare and certify to the Comptroller

24 the disbursement of stated sums of money to named

25 municipalities, the municipalities to be those from which

26 retailers have paid taxes or penalties hereunder to the
SB3019 Enrolled  - 818 - LRB104 20255 HLH 33706 b

 1 Department during the second preceding calendar month. The
 2 amount to be paid to each municipality shall be the amount (not
 3 including credit memoranda and not including taxes and
 4 penalties collected on aviation fuel sold on or after December
 5 1, 2019) collected hereunder during the second preceding
 6 calendar month by the Department plus an amount the Department
 7 determines is necessary to offset any amounts that were
 8 erroneously paid to a different taxing body, and not including
 9 an amount equal to the amount of refunds made during the second
10 preceding calendar month by the Department on behalf of such
11 municipality, and not including any amount that the Department
12 determines is necessary to offset any amounts that were
13 payable to a different taxing body but were erroneously paid
14 to the municipality, and not including any amounts that are
15 transferred to the STAR Bonds Revenue Fund, less 1.5% of the
16 remainder, which the Department shall transfer into the Tax
17 Compliance and Administration Fund. The Department, at the
18 time of each monthly disbursement to the municipalities, shall
19 prepare and certify to the State Comptroller the amount to be
20 transferred into the Tax Compliance and Administration Fund
21 under this Section. Within 10 days after receipt by the
22 Comptroller of the disbursement certification to the
23 municipalities and the Tax Compliance and Administration Fund
24 provided for in this Section to be given to the Comptroller by
25 the Department, the Comptroller shall cause the orders to be
26 drawn for the respective amounts in accordance with the
   SB3019 Enrolled  - 819 - LRB104 20255 HLH 33706 b

1 directions contained in the certification.

2  In addition to the disbursement required by the preceding

3 paragraph and in order to mitigate delays caused by

4 distribution procedures, an allocation shall, if requested, be

5 made within 10 days after January 14, 1991, and in November of

6 1991 and each year thereafter, to each municipality that

7 received more than $500,000 during the preceding fiscal year,

8 (July 1 through June 30) whether collected by the municipality

9 or disbursed by the Department as required by this Section.

10 Within 10 days after January 14, 1991, participating

11 municipalities shall notify the Department in writing of their

12 intent to participate. In addition, for the initial

13 distribution, participating municipalities shall certify to

14 the Department the amounts collected by the municipality for

15 each month under its home rule occupation and service

16 occupation tax during the period July 1, 1989 through June 30,

17 1990. The allocation within 10 days after January 14, 1991,

18 shall be in an amount equal to the monthly average of these

19 amounts, excluding the 2 months of highest receipts. The

20 monthly average for the period of July 1, 1990 through June 30,

21 1991 will be determined as follows: the amounts collected by

22 the municipality under its home rule occupation and service

23 occupation tax during the period of July 1, 1990 through

24 September 30, 1990, plus amounts collected by the Department

25 and paid to such municipality through June 30, 1991, excluding

26 the 2 months of highest receipts. The monthly average for each
    SB3019 Enrolled  - 820 - LRB104 20255 HLH 33706 b

1 subsequent period of July 1 through June 30 shall be an amount

2 equal to the monthly distribution made to each such

3 municipality under the preceding paragraph during this period,

4 excluding the 2 months of highest receipts. The distribution

5 made in November 1991 and each year thereafter under this

6 paragraph and the preceding paragraph shall be reduced by the

7 amount allocated and disbursed under this paragraph in the

8 preceding period of July 1 through June 30. The Department

9 shall prepare and certify to the Comptroller for disbursement

10 the allocations made in accordance with this paragraph.

11  For the purpose of determining the local governmental unit

12 whose tax is applicable, a retail sale by a producer of coal or

13 other mineral mined in Illinois is a sale at retail at the

14 place where the coal or other mineral mined in Illinois is

15 extracted from the earth. This paragraph does not apply to

16 coal or other mineral when it is delivered or shipped by the

17 seller to the purchaser at a point outside Illinois so that the

18 sale is exempt under the United States Constitution as a sale

19 in interstate or foreign commerce.

20  Nothing in this Section shall be construed to authorize a

21 municipality to impose a tax upon the privilege of engaging in

22 any business which under the Constitution of the United States

23 may not be made the subject of taxation by this State.

24  An ordinance or resolution imposing or discontinuing a tax

25 hereunder or effecting a change in the rate thereof shall be

26 adopted and a certified copy thereof filed with the Department
SB3019 Enrolled  - 821 - LRB104 20255 HLH 33706 b

 1 on or before the first day of June, whereupon the Department
 2 shall proceed to administer and enforce this Section as of the
 3 first day of September next following the adoption and filing.
 4 Beginning January 1, 1992, an ordinance or resolution imposing
 5 or discontinuing the tax hereunder or effecting a change in
 6 the rate thereof shall be adopted and a certified copy thereof
 7 filed with the Department on or before the first day of July,
 8 whereupon the Department shall proceed to administer and
 9 enforce this Section as of the first day of October next
10 following such adoption and filing. Beginning January 1, 1993,
11 an ordinance or resolution imposing or discontinuing the tax
12 hereunder or effecting a change in the rate thereof shall be
13 adopted and a certified copy thereof filed with the Department
14 on or before the first day of October, whereupon the
15 Department shall proceed to administer and enforce this
16 Section as of the first day of January next following the
17 adoption and filing. However, a municipality located in a
18 county with a population in excess of 3,000,000 that elected
19 to become a home rule unit at the general primary election in
20 1994 may adopt an ordinance or resolution imposing the tax
21 under this Section and file a certified copy of the ordinance
22 or resolution with the Department on or before July 1, 1994.
23 The Department shall then proceed to administer and enforce
24 this Section as of October 1, 1994. Beginning April 1, 1998, an
25 ordinance or resolution imposing or discontinuing the tax
26 hereunder or effecting a change in the rate thereof shall
    SB3019 Enrolled  - 822 - LRB104 20255 HLH 33706 b

1 either (i) be adopted and a certified copy thereof filed with

2 the Department on or before the first day of April, whereupon

3 the Department shall proceed to administer and enforce this

4 Section as of the first day of July next following the adoption

5 and filing; or (ii) be adopted and a certified copy thereof

6 filed with the Department on or before the first day of

7 October, whereupon the Department shall proceed to administer

8 and enforce this Section as of the first day of January next

9 following the adoption and filing.

10  When certifying the amount of a monthly disbursement to a

11 municipality under this Section, the Department shall increase

12 or decrease the amount by an amount necessary to offset any

13 misallocation of previous disbursements. The offset amount

14 shall be the amount erroneously disbursed within the previous

15 6 months from the time a misallocation is discovered.

16  Any unobligated balance remaining in the Municipal

17 Retailers' Occupation Tax Fund on December 31, 1989, which

18 fund was abolished by Public Act 85-1135, and all receipts of

19 municipal tax as a result of audits of liability periods prior

20 to January 1, 1990, shall be paid into the Local Government Tax

21 Fund for distribution as provided by this Section prior to the

22 enactment of Public Act 85-1135. All receipts of municipal tax

23 as a result of an assessment not arising from an audit, for

24 liability periods prior to January 1, 1990, shall be paid into

25 the Local Government Tax Fund for distribution before July 1,

26 1990, as provided by this Section prior to the enactment of
    SB3019 Enrolled       - 823 - LRB104 20255 HLH 33706 b

1 Public Act 85-1135; and on and after July 1, 1990, all such

2 receipts shall be distributed as provided in Section 6z-18 of

3 the State Finance Act.

4   As used in this Section, "municipal" and "municipality"

5 means a city, village or incorporated town, including an

6 incorporated town that has superseded a civil township.

7   This Section shall be known and may be cited as the Home

8 Rule Municipal Retailers' Occupation Tax Act.

9 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

10  (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)

11  Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'

12 Occupation Tax Act. The corporate authorities of a non-home

13 rule municipality may impose, by ordinance or resolution

14 adopted in the manner described in Section 8-11-1.1, a tax

15 upon all persons engaged in the business of selling tangible

16 personal property, other than on an item of tangible personal

17 property which is titled and registered by an agency of this

18 State's Government, at retail in the municipality. If imposed,

19 the tax shall be imposed on the gross receipts from such sales

20 made in the course of such business. The proceeds of the tax

21 may be used for public infrastructure or for property tax

22 relief or both, as defined in Section 8-11-1.2. If the tax is

23 approved by referendum on or after July 14, 2010 (the

24 effective date of Public Act 96-1057) and before August 5,

25 2024 (the effective date of Public Act 103-781), the corporate
SB3019 Enrolled  - 824 - LRB104 20255 HLH 33706 b

 1 authorities of the non-home rule municipality may, until
 2 January 1, 2031, use the proceeds of the tax for expenditure on
 3 municipal operations, in addition to or in lieu of any
 4 expenditure on public infrastructure or for property tax
 5 relief. If the tax is approved by an ordinance or resolution
 6 adopted on or after August 5, 2024 (the effective date of
 7 Public Act 103-781), the corporate authorities of the non-home
 8 rule municipality may, until January 1, 2031, use the proceeds
 9 of the tax for expenditure on municipal operations, in
10 addition to or in lieu of any expenditure on public
11 infrastructure or for property tax relief. The tax imposed may
12 not be more than 1% and may be imposed only in 1/4% increments.
13 The tax may not be imposed on tangible personal property taxed
14 at the 1% rate under the Retailers' Occupation Tax Act (or at
15 the 0% rate imposed under this amendatory Act of the 102nd
16 General Assembly). Beginning December 1, 2019, this tax is not
17 imposed on sales of aviation fuel unless the tax revenue is
18 expended for airport-related purposes. If a municipality does
19 not have an airport-related purpose to which it dedicates
20 aviation fuel tax revenue, then aviation fuel is excluded from
21 the tax. Each municipality must comply with the certification
22 requirements for airport-related purposes under Section 2-22
23 of the Retailers' Occupation Tax Act. For purposes of this
24 Section, "airport-related purposes" has the meaning ascribed
25 in Section 6z-20.2 of the State Finance Act. This exclusion
26 for aviation fuel only applies for so long as the revenue use
SB3019 Enrolled  - 825 - LRB104 20255 HLH 33706 b

 1 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
 2 binding on the municipality. The tax imposed by a municipality
 3 pursuant to this Section and all civil penalties that may be
 4 assessed as an incident thereof shall be collected and
 5 enforced by the State Department of Revenue. The certificate
 6 of registration which is issued by the Department to a
 7 retailer under the Retailers' Occupation Tax Act shall permit
 8 such retailer to engage in a business which is taxable under
 9 any ordinance or resolution enacted pursuant to this Section
10 without registering separately with the Department under such
11 ordinance or resolution or under this Section. The Department
12 shall have full power to administer and enforce this Section;
13 to collect all taxes and penalties due hereunder; to dispose
14 of taxes and penalties so collected in the manner hereinafter
15 provided, and to determine all rights to credit memoranda,
16 arising on account of the erroneous payment of tax or penalty
17 hereunder. In the administration of, and compliance with, this
18 Section, the Department and persons who are subject to this
19 Section shall have the same rights, remedies, privileges,
20 immunities, powers and duties, and be subject to the same
21 conditions, restrictions, limitations, penalties and
22 definitions of terms, and employ the same modes of procedure,
23 as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j,
24 2 through 2-65 (in respect to all provisions therein other
25 than the State rate of tax), 2c, 3 (except as to the
26 disposition of taxes and penalties collected, and except that
    SB3019 Enrolled   - 826 - LRB104 20255 HLH 33706 b

1 the retailer's discount is not allowed for taxes paid on

2 aviation fuel that are subject to the revenue use requirements

3 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

4 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

5 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and

6 Section 3-7 of the Uniform Penalty and Interest Act as fully as

7 if those provisions were set forth herein.

8   No municipality may impose a tax under this Section unless

9 the municipality also imposes a tax at the same rate under

10 Section 8-11-1.4 of this Code.

11  If, on January 1, 2025, a unit of local government has in

12 effect a tax under this Section, or if, after January 1, 2025,

13 a unit of local government imposes a tax under this Section,

14 then that tax applies to leases of tangible personal property

15 in effect, entered into, or renewed on or after that date in

16 the same manner as the tax under this Section and in accordance

17 with the changes made by this amendatory Act of the 103rd

18 General Assembly.

19  Persons subject to any tax imposed pursuant to the

20 authority granted in this Section may reimburse themselves for

21 their seller's tax liability hereunder by separately stating

22 such tax as an additional charge, which charge may be stated in

23 combination, in a single amount, with State tax which sellers

24 are required to collect under the Use Tax Act, pursuant to such

25 bracket schedules as the Department may prescribe.

26  Whenever the Department determines that a refund should be
    SB3019 Enrolled  - 827 - LRB104 20255 HLH 33706 b

1 made under this Section to a claimant instead of issuing a

2 credit memorandum, the Department shall notify the State

3 Comptroller, who shall cause the order to be drawn for the

4 amount specified, and to the person named, in such

5 notification from the Department. Such refund shall be paid by

6 the State Treasurer out of the non-home rule municipal

7 retailers' occupation tax fund or the Local Government

8 Aviation Trust Fund, as appropriate.

9   Except as otherwise provided, the Department shall

10 forthwith pay over to the State Treasurer, ex officio, as

11 trustee, all taxes and penalties collected hereunder for

12 deposit into the Non-Home Rule Municipal Retailers' Occupation

13 Tax Fund. Taxes and penalties collected on aviation fuel sold

14 on or after December 1, 2019, shall be immediately paid over by

15 the Department to the State Treasurer, ex officio, as trustee,

16 for deposit into the Local Government Aviation Trust Fund. The

17 Department shall only pay moneys into the Local Government

18 Aviation Trust Fund under this Section for so long as the

19 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

20 47133 are binding on the municipality.

21  As soon as possible after the first day of each month,

22 beginning January 1, 2011, upon certification of the

23 Department of Revenue, the Comptroller shall order

24 transferred, and the Treasurer shall transfer, to the STAR

25 Bonds Revenue Fund the local sales tax increment, as defined

26 in the Innovation Development and Economy Act, collected under
    SB3019 Enrolled  - 828 - LRB104 20255 HLH 33706 b

1 this Section during the second preceding calendar month for

2 sales within a STAR bond district.

3   As soon as possible after the first day of each month,

4 beginning July 1, 2026, upon certification of the Department

5 of Revenue, the Comptroller shall order transferred, and the

6 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

7 local sales tax increment, as defined in the Statewide

8 Innovation Development and Economy Act, collected under this

9 Section during the second preceding calendar month for sales

10 within a STAR bond district.

11  After the monthly transfers transfer to the STAR Bonds

12 Revenue Fund, on or before the 25th day of each calendar month,

13 the Department shall prepare and certify to the Comptroller

14 the disbursement of stated sums of money to named

15 municipalities, the municipalities to be those from which

16 retailers have paid taxes or penalties hereunder to the

17 Department during the second preceding calendar month. The

18 amount to be paid to each municipality shall be the amount (not

19 including credit memoranda and not including taxes and

20 penalties collected on aviation fuel sold on or after December

21 1, 2019) collected hereunder during the second preceding

22 calendar month by the Department plus an amount the Department

23 determines is necessary to offset any amounts which were

24 erroneously paid to a different taxing body, and not including

25 an amount equal to the amount of refunds made during the second

26 preceding calendar month by the Department on behalf of such
    SB3019 Enrolled  - 829 - LRB104 20255 HLH 33706 b

1 municipality, and not including any amount which the

2 Department determines is necessary to offset any amounts which

3 were payable to a different taxing body but were erroneously

4 paid to the municipality, and not including any amounts that

5 are transferred to the STAR Bonds Revenue Fund, less 1.5% of

6 the remainder, which the Department shall transfer into the

7 Tax Compliance and Administration Fund. The Department, at the

8 time of each monthly disbursement to the municipalities, shall

9 prepare and certify to the State Comptroller the amount to be

10 transferred into the Tax Compliance and Administration Fund

11 under this Section. Within 10 days after receipt, by the

12 Comptroller, of the disbursement certification to the

13 municipalities and the Tax Compliance and Administration Fund

14 provided for in this Section to be given to the Comptroller by

15 the Department, the Comptroller shall cause the orders to be

16 drawn for the respective amounts in accordance with the

17 directions contained in such certification.

18  For the purpose of determining the local governmental unit

19 whose tax is applicable, a retail sale, by a producer of coal

20 or other mineral mined in Illinois, is a sale at retail at the

21 place where the coal or other mineral mined in Illinois is

22 extracted from the earth. This paragraph does not apply to

23 coal or other mineral when it is delivered or shipped by the

24 seller to the purchaser at a point outside Illinois so that the

25 sale is exempt under the Federal Constitution as a sale in

26 interstate or foreign commerce.
    SB3019 Enrolled           - 830 - LRB104 20255 HLH 33706 b

1   Nothing in this Section shall be construed to authorize a

2 municipality to impose a tax upon the privilege of engaging in

3 any business which under the constitution of the United States

4 may not be made the subject of taxation by this State.

5   When certifying the amount of a monthly disbursement to a

6 municipality under this Section, the Department shall increase

7 or decrease such amount by an amount necessary to offset any

8 misallocation of previous disbursements. The offset amount

9 shall be the amount erroneously disbursed within the previous

10 6 months from the time a misallocation is discovered.

11  The Department of Revenue shall implement Public Act

12 91-649 so as to collect the tax on and after January 1, 2002.

13  As used in this Section, "municipal" and "municipality"

14 mean a city, village, or incorporated town, including an

15 incorporated town which has superseded a civil township.

16  This Section shall be known and may be cited as the

17 Non-Home Rule Municipal Retailers' Occupation Tax Act.

18 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;

19 103-1055, eff. 12-20-24.)

20  (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)

21  Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation

22 Tax Act. The corporate authorities of a non-home rule

23 municipality may impose, by ordinance or resolution adopted in

24 the manner described in Section 8-11-1.1, a tax upon all

25 persons engaged in the municipality in the business of making
SB3019 Enrolled  - 831 - LRB104 20255 HLH 33706 b

 1 sales of service. If imposed, the tax shall be imposed on the
 2 selling price of all tangible personal property transferred by
 3 such servicemen, either in the form of tangible personal
 4 property or in the form of real estate, as an incident to a
 5 sale of service. The proceeds of the tax may be used for public
 6 infrastructure or for property tax relief or both, as defined
 7 in Section 8-11-1.2. If the tax is approved by referendum on or
 8 after July 14, 2010 (the effective date of Public Act 96-1057)
 9 and before August 5, 2024 (the effective date of Public Act
10 103-781), the corporate authorities of a non-home rule
11 municipality may, until January 1, 2031, use the proceeds of
12 the tax for expenditure on municipal operations, in addition
13 to or in lieu of any expenditure on public infrastructure or
14 for property tax relief. If the tax is approved by an ordinance
15 or resolution adopted on or after August 5, 2024 (the
16 effective date of Public Act 103-781), the corporate
17 authorities of the non-home rule municipality may, until
18 January 1, 2031, use the proceeds of the tax for expenditure on
19 municipal operations, in addition to or in lieu of any
20 expenditure on public infrastructure or for property tax
21 relief. The tax imposed may not be more than 1% and may be
22 imposed only in 1/4% increments. The tax may not be imposed on
23 tangible personal property taxed at the 1% rate under the
24 Service Occupation Tax Act (or at the 0% rate imposed under
25 this amendatory Act of the 102nd General Assembly). Beginning
26 December 1, 2019, this tax is not imposed on sales of aviation
SB3019 Enrolled  - 832 - LRB104 20255 HLH 33706 b

 1 fuel unless the tax revenue is expended for airport-related
 2 purposes. If a municipality does not have an airport-related
 3 purpose to which it dedicates aviation fuel tax revenue, then
 4 aviation fuel is excluded from the tax. Each municipality must
 5 comply with the certification requirements for airport-related
 6 purposes under Section 2-22 of the Retailers' Occupation Tax
 7 Act. For purposes of this Section, "airport-related purposes"
 8 has the meaning ascribed in Section 6z-20.2 of the State
 9 Finance Act. This exclusion for aviation fuel only applies for
10 so long as the revenue use requirements of 49 U.S.C. 47107(b)
11 and 49 U.S.C. 47133 are binding on the municipality. The tax
12 imposed by a municipality pursuant to this Section and all
13 civil penalties that may be assessed as an incident thereof
14 shall be collected and enforced by the State Department of
15 Revenue. The certificate of registration which is issued by
16 the Department to a retailer under the Retailers' Occupation
17 Tax Act or under the Service Occupation Tax Act shall permit
18 such registrant to engage in a business which is taxable under
19 any ordinance or resolution enacted pursuant to this Section
20 without registering separately with the Department under such
21 ordinance or resolution or under this Section. The Department
22 shall have full power to administer and enforce this Section;
23 to collect all taxes and penalties due hereunder; to dispose
24 of taxes and penalties so collected in the manner hereinafter
25 provided, and to determine all rights to credit memoranda
26 arising on account of the erroneous payment of tax or penalty
    SB3019 Enrolled  - 833 - LRB104 20255 HLH 33706 b

1 hereunder. In the administration of, and compliance with, this

2 Section the Department and persons who are subject to this

3 Section shall have the same rights, remedies, privileges,

4 immunities, powers and duties, and be subject to the same

5 conditions, restrictions, limitations, penalties and

6 definitions of terms, and employ the same modes of procedure,

7 as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in

8 respect to all provisions therein other than the State rate of

9 tax), 4 (except that the reference to the State shall be to the

10 taxing municipality), 5, 7, 8 (except that the jurisdiction to

11 which the tax shall be a debt to the extent indicated in that

12 Section 8 shall be the taxing municipality), 9 (except as to

13 the disposition of taxes and penalties collected, and except

14 that the returned merchandise credit for this municipal tax

15 may not be taken against any State tax, and except that the

16 retailer's discount is not allowed for taxes paid on aviation

17 fuel that are subject to the revenue use requirements of 49

18 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the

19 reference therein to Section 2b of the Retailers' Occupation

20 Tax Act), 13 (except that any reference to the State shall mean

21 the taxing municipality), the first paragraph of Section 15,

22 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and

23 Section 3-7 of the Uniform Penalty and Interest Act, as fully

24 as if those provisions were set forth herein.

25  No municipality may impose a tax under this Section unless

26 the municipality also imposes a tax at the same rate under
    SB3019 Enrolled           - 834 - LRB104 20255 HLH 33706 b

1 Section 8-11-1.3 of this Code.

2   If, on January 1, 2025, a unit of local government has in

3 effect a tax under this Section, or if, after January 1, 2025,

4 a unit of local government imposes a tax under this Section,

5 then that tax applies to leases of tangible personal property

6 in effect, entered into, or renewed on or after that date in

7 the same manner as the tax under this Section and in accordance

8 with the changes made by this amendatory Act of the 103rd

9 General Assembly.

10  Persons subject to any tax imposed pursuant to the

11 authority granted in this Section may reimburse themselves for

12 their serviceman's tax liability hereunder by separately

13 stating such tax as an additional charge, which charge may be

14 stated in combination, in a single amount, with State tax

15 which servicemen are authorized to collect under the Service

16 Use Tax Act, pursuant to such bracket schedules as the

17 Department may prescribe.

18  Whenever the Department determines that a refund should be

19 made under this Section to a claimant instead of issuing

20 credit memorandum, the Department shall notify the State

21 Comptroller, who shall cause the order to be drawn for the

22 amount specified, and to the person named, in such

23 notification from the Department. Such refund shall be paid by

24 the State Treasurer out of the municipal retailers' occupation

25 tax fund or the Local Government Aviation Trust Fund, as

26 appropriate.
    SB3019 Enrolled  - 835 - LRB104 20255 HLH 33706 b

1   Except as otherwise provided in this paragraph, the

2 Department shall forthwith pay over to the State Treasurer, ex

3 officio, as trustee, all taxes and penalties collected

4 hereunder for deposit into the municipal retailers' occupation

5 tax fund. Taxes and penalties collected on aviation fuel sold

6 on or after December 1, 2019, shall be immediately paid over by

7 the Department to the State Treasurer, ex officio, as trustee,

8 for deposit into the Local Government Aviation Trust Fund. The

9 Department shall only pay moneys into the Local Government

10 Aviation Trust Fund under this Section for so long as the

11 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

12 47133 are binding on the municipality.

13  As soon as possible after the first day of each month,

14 beginning January 1, 2011, upon certification of the

15 Department of Revenue, the Comptroller shall order

16 transferred, and the Treasurer shall transfer, to the STAR

17 Bonds Revenue Fund the local sales tax increment, as defined

18 in the Innovation Development and Economy Act, collected under

19 this Section during the second preceding calendar month for

20 sales within a STAR bond district.

21  As soon as possible after the first day of each month,

22 beginning July 1, 2026, upon certification of the Department

23 of Revenue, the Comptroller shall order transferred, and the

24 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

25 local sales tax increment, as defined in the Statewide

26 Innovation Development and Economy Act, collected under this
   SB3019 Enrolled  - 836 - LRB104 20255 HLH 33706 b

1 Section during the second preceding calendar month for sales

2 within a STAR bond district.

3  After the monthly transfers transfer to the STAR Bonds

4 Revenue Fund, on or before the 25th day of each calendar month,

5 the Department shall prepare and certify to the Comptroller

6 the disbursement of stated sums of money to named

7 municipalities, the municipalities to be those from which

8 suppliers and servicemen have paid taxes or penalties

9 hereunder to the Department during the second preceding

10 calendar month. The amount to be paid to each municipality

11 shall be the amount (not including credit memoranda and not

12 including taxes and penalties collected on aviation fuel sold

13 on or after December 1, 2019) collected hereunder during the

14 second preceding calendar month by the Department, and not

15 including an amount equal to the amount of refunds made during

16 the second preceding calendar month by the Department on

17 behalf of such municipality, and not including any amounts

18 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

19 of the remainder, which the Department shall transfer into the

20 Tax Compliance and Administration Fund. The Department, at the

21 time of each monthly disbursement to the municipalities, shall

22 prepare and certify to the State Comptroller the amount to be

23 transferred into the Tax Compliance and Administration Fund

24 under this Section. Within 10 days after receipt, by the

25 Comptroller, of the disbursement certification to the

26 municipalities, the General Revenue Fund, and the Tax
    SB3019 Enrolled       - 837 - LRB104 20255 HLH 33706 b

1 Compliance and Administration Fund provided for in this

2 Section to be given to the Comptroller by the Department, the

3 Comptroller shall cause the orders to be drawn for the

4 respective amounts in accordance with the directions contained

5 in such certification.

6   The Department of Revenue shall implement Public Act

7 91-649 so as to collect the tax on and after January 1, 2002.

8   Nothing in this Section shall be construed to authorize a

9 municipality to impose a tax upon the privilege of engaging in

10 any business which under the constitution of the United States

11 may not be made the subject of taxation by this State.

12  As used in this Section, "municipal" or "municipality"

13 means or refers to a city, village or incorporated town,

14 including an incorporated town which has superseded a civil

15 township.

16  This Section shall be known and may be cited as the

17 "Non-Home Rule Municipal Service Occupation Tax Act".

18 (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;

19 103-592, eff. 1-1-25; 103-1055, eff. 12-20-24.)

20  (65 ILCS 5/8-11-1.6)

21  Sec. 8-11-1.6. Non-home rule municipal retailers'

22 occupation tax; municipalities between 20,000 and 25,000. The

23 corporate authorities of a non-home rule municipality with a

24 population of more than 20,000 but less than 25,000 that has,

25 prior to January 1, 1987, established a Redevelopment Project
SB3019 Enrolled  - 838 - LRB104 20255 HLH 33706 b

 1 Area that has been certified as a State Sales Tax Boundary and
 2 has issued bonds or otherwise incurred indebtedness to pay for
 3 costs in excess of $5,000,000, which is secured in part by a
 4 tax increment allocation fund, in accordance with the
 5 provisions of Division 11-74.4 of this Code may, by passage of
 6 an ordinance, impose a tax upon all persons engaged in the
 7 business of selling tangible personal property, other than on
 8 an item of tangible personal property that is titled and
 9 registered by an agency of this State's Government, at retail
10 in the municipality. This tax may not be imposed on tangible
11 personal property taxed at the 1% rate under the Retailers'
12 Occupation Tax Act (or at the 0% rate imposed under this
13 amendatory Act of the 102nd General Assembly). Beginning
14 December 1, 2019, this tax is not imposed on sales of aviation
15 fuel unless the tax revenue is expended for airport-related
16 purposes. If a municipality does not have an airport-related
17 purpose to which it dedicates aviation fuel tax revenue, then
18 aviation fuel is excluded from the tax. Each municipality must
19 comply with the certification requirements for airport-related
20 purposes under Section 2-22 of the Retailers' Occupation Tax
21 Act. For purposes of this Section, "airport-related purposes"
22 has the meaning ascribed in Section 6z-20.2 of the State
23 Finance Act. This exclusion for aviation fuel only applies for
24 so long as the revenue use requirements of 49 U.S.C. 47107(b)
25 and 49 U.S.C. 47133 are binding on the municipality. If
26 imposed, the tax shall only be imposed in .25% increments of
SB3019 Enrolled  - 839 - LRB104 20255 HLH 33706 b

 1 the gross receipts from such sales made in the course of
 2 business. Any tax imposed by a municipality under this Section
 3 and all civil penalties that may be assessed as an incident
 4 thereof shall be collected and enforced by the State
 5 Department of Revenue. An ordinance imposing a tax hereunder
 6 or effecting a change in the rate thereof shall be adopted and
 7 a certified copy thereof filed with the Department on or
 8 before the first day of October, whereupon the Department
 9 shall proceed to administer and enforce this Section as of the
10 first day of January next following such adoption and filing.
11 The certificate of registration that is issued by the
12 Department to a retailer under the Retailers' Occupation Tax
13 Act shall permit the retailer to engage in a business that is
14 taxable under any ordinance or resolution enacted under this
15 Section without registering separately with the Department
16 under the ordinance or resolution or under this Section. The
17 Department shall have full power to administer and enforce
18 this Section, to collect all taxes and penalties due
19 hereunder, to dispose of taxes and penalties so collected in
20 the manner hereinafter provided, and to determine all rights
21 to credit memoranda, arising on account of the erroneous
22 payment of tax or penalty hereunder. In the administration of,
23 and compliance with this Section, the Department and persons
24 who are subject to this Section shall have the same rights,
25 remedies, privileges, immunities, powers, and duties, and be
26 subject to the same conditions, restrictions, limitations,
    SB3019 Enrolled   - 840 - LRB104 20255 HLH 33706 b

1 penalties, and definitions of terms, and employ the same modes

2 of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,

3 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

4 therein other than the State rate of tax), 2c, 3 (except as to

5 the disposition of taxes and penalties collected, and except

6 that the retailer's discount is not allowed for taxes paid on

7 aviation fuel that are subject to the revenue use requirements

8 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

9 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

10 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and

11 Section 3-7 of the Uniform Penalty and Interest Act as fully as

12 if those provisions were set forth herein.

13  A tax may not be imposed by a municipality under this

14 Section unless the municipality also imposes a tax at the same

15 rate under Section 8-11-1.7 of this Act.

16  If, on January 1, 2025, a unit of local government has in

17 effect a tax under this Section, or if, after January 1, 2025,

18 a unit of local government imposes a tax under this Section,

19 then that tax applies to leases of tangible personal property

20 in effect, entered into, or renewed on or after that date in

21 the same manner as the tax under this Section and in accordance

22 with the changes made by this amendatory Act of the 103rd

23 General Assembly.

24  Persons subject to any tax imposed under the authority

25 granted in this Section may reimburse themselves for their

26 seller's tax liability hereunder by separately stating the tax
    SB3019 Enrolled  - 841 - LRB104 20255 HLH 33706 b

1 as an additional charge, which charge may be stated in

2 combination, in a single amount, with State tax which sellers

3 are required to collect under the Use Tax Act, pursuant to such

4 bracket schedules as the Department may prescribe.

5   Whenever the Department determines that a refund should be

6 made under this Section to a claimant, instead of issuing a

7 credit memorandum, the Department shall notify the State

8 Comptroller, who shall cause the order to be drawn for the

9 amount specified, and to the person named in the notification

10 from the Department. The refund shall be paid by the State

11 Treasurer out of the Non-Home Rule Municipal Retailers'

12 Occupation Tax Fund, which is hereby created or the Local

13 Government Aviation Trust Fund, as appropriate.

14  Except as otherwise provided in this paragraph, the

15 Department shall forthwith pay over to the State Treasurer, ex

16 officio, as trustee, all taxes and penalties collected

17 hereunder for deposit into the Non-Home Rule Municipal

18 Retailers' Occupation Tax Fund. Taxes and penalties collected

19 on aviation fuel sold on or after December 1, 2019, shall be

20 immediately paid over by the Department to the State

21 Treasurer, ex officio, as trustee, for deposit into the Local

22 Government Aviation Trust Fund. The Department shall only pay

23 moneys into the Local Government Aviation Trust Fund under

24 this Section for so long as the revenue use requirements of 49

25 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

26 municipality.
    SB3019 Enrolled  - 842 - LRB104 20255 HLH 33706 b

1   As soon as possible after the first day of each month,

2 beginning January 1, 2011, upon certification of the

3 Department of Revenue, the Comptroller shall order

4 transferred, and the Treasurer shall transfer, to the STAR

5 Bonds Revenue Fund the local sales tax increment, as defined

6 in the Innovation Development and Economy Act, collected under

7 this Section during the second preceding calendar month for

8 sales within a STAR bond district.

9   As soon as possible after the first day of each month,

10 beginning July 1, 2026, upon certification of the Department

11 of Revenue, the Comptroller shall order transferred, and the

12 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

13 local sales tax increment, as defined in the Statewide

14 Innovation Development and Economy Act, collected under this

15 Section during the second preceding calendar month for sales

16 within a STAR bond district.

17  After the monthly transfers transfer to the STAR Bonds

18 Revenue Fund, on or before the 25th day of each calendar month,

19 the Department shall prepare and certify to the Comptroller

20 the disbursement of stated sums of money to named

21 municipalities, the municipalities to be those from which

22 retailers have paid taxes or penalties hereunder to the

23 Department during the second preceding calendar month. The

24 amount to be paid to each municipality shall be the amount (not

25 including credit memoranda and not including taxes and

26 penalties collected on aviation fuel sold on or after December
    SB3019 Enrolled  - 843 - LRB104 20255 HLH 33706 b

1 1, 2019) collected hereunder during the second preceding

2 calendar month by the Department plus an amount the Department

3 determines is necessary to offset any amounts that were

4 erroneously paid to a different taxing body, and not including

5 an amount equal to the amount of refunds made during the second

6 preceding calendar month by the Department on behalf of the

7 municipality, and not including any amount that the Department

8 determines is necessary to offset any amounts that were

9 payable to a different taxing body but were erroneously paid

10 to the municipality, and not including any amounts that are

11 transferred to the STAR Bonds Revenue Fund, less 1.5% of the

12 remainder, which the Department shall transfer into the Tax

13 Compliance and Administration Fund. The Department, at the

14 time of each monthly disbursement to the municipalities, shall

15 prepare and certify to the State Comptroller the amount to be

16 transferred into the Tax Compliance and Administration Fund

17 under this Section. Within 10 days after receipt by the

18 Comptroller of the disbursement certification to the

19 municipalities and the Tax Compliance and Administration Fund

20 provided for in this Section to be given to the Comptroller by

21 the Department, the Comptroller shall cause the orders to be

22 drawn for the respective amounts in accordance with the

23 directions contained in the certification.

24  For the purpose of determining the local governmental unit

25 whose tax is applicable, a retail sale by a producer of coal or

26 other mineral mined in Illinois is a sale at retail at the
    SB3019 Enrolled       - 844 - LRB104 20255 HLH 33706 b

1 place where the coal or other mineral mined in Illinois is

2 extracted from the earth. This paragraph does not apply to

3 coal or other mineral when it is delivered or shipped by the

4 seller to the purchaser at a point outside Illinois so that the

5 sale is exempt under the federal Constitution as a sale in

6 interstate or foreign commerce.

7   Nothing in this Section shall be construed to authorize a

8 municipality to impose a tax upon the privilege of engaging in

9 any business which under the constitution of the United States

10 may not be made the subject of taxation by this State.

11  When certifying the amount of a monthly disbursement to a

12 municipality under this Section, the Department shall increase

13 or decrease the amount by an amount necessary to offset any

14 misallocation of previous disbursements. The offset amount

15 shall be the amount erroneously disbursed within the previous

16 6 months from the time a misallocation is discovered.

17  As used in this Section, "municipal" and "municipality"

18 means a city, village, or incorporated town, including an

19 incorporated town that has superseded a civil township.

20 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

21  (65 ILCS 5/8-11-1.7)

22  Sec. 8-11-1.7. Non-home rule municipal service occupation

23 tax; municipalities between 20,000 and 25,000. The corporate

24 authorities of a non-home rule municipality with a population

25 of more than 20,000 but less than 25,000 as determined by the
SB3019 Enrolled  - 845 - LRB104 20255 HLH 33706 b

 1 last preceding decennial census that has, prior to January 1,
 2 1987, established a Redevelopment Project Area that has been
 3 certified as a State Sales Tax Boundary and has issued bonds or
 4 otherwise incurred indebtedness to pay for costs in excess of
 5 $5,000,000, which is secured in part by a tax increment
 6 allocation fund, in accordance with the provisions of Division
 7 11-74.4 of this Code may, by passage of an ordinance, impose a
 8 tax upon all persons engaged in the municipality in the
 9 business of making sales of service. If imposed, the tax shall
10 only be imposed in .25% increments of the selling price of all
11 tangible personal property transferred by such servicemen
12 either in the form of tangible personal property or in the form
13 of real estate as an incident to a sale of service. This tax
14 may not be imposed on tangible personal property taxed at the
15 1% rate under the Service Occupation Tax Act (or at the 0% rate
16 imposed under this amendatory Act of the 102nd General
17 Assembly). Beginning December 1, 2019, this tax is not imposed
18 on sales of aviation fuel unless the tax revenue is expended
19 for airport-related purposes. If a municipality does not have
20 an airport-related purpose to which it dedicates aviation fuel
21 tax revenue, then aviation fuel is excluded from the tax. Each
22 municipality must comply with the certification requirements
23 for airport-related purposes under Section 2-22 of the
24 Retailers' Occupation Tax Act. For purposes of this Section,
25 "airport-related purposes" has the meaning ascribed in Section
26 6z-20.2 of the State Finance Act. This exclusion for aviation
SB3019 Enrolled  - 846 - LRB104 20255 HLH 33706 b

 1 fuel only applies for so long as the revenue use requirements
 2 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
 3 municipality. The tax imposed by a municipality under this
 4 Section and all civil penalties that may be assessed as an
 5 incident thereof shall be collected and enforced by the State
 6 Department of Revenue. An ordinance imposing a tax hereunder
 7 or effecting a change in the rate thereof shall be adopted and
 8 a certified copy thereof filed with the Department on or
 9 before the first day of October, whereupon the Department
10 shall proceed to administer and enforce this Section as of the
11 first day of January next following such adoption and filing.
12 The certificate of registration that is issued by the
13 Department to a retailer under the Retailers' Occupation Tax
14 Act or under the Service Occupation Tax Act shall permit the
15 registrant to engage in a business that is taxable under any
16 ordinance or resolution enacted under this Section without
17 registering separately with the Department under the ordinance
18 or resolution or under this Section. The Department shall have
19 full power to administer and enforce this Section, to collect
20 all taxes and penalties due hereunder, to dispose of taxes and
21 penalties so collected in a manner hereinafter provided, and
22 to determine all rights to credit memoranda arising on account
23 of the erroneous payment of tax or penalty hereunder. In the
24 administration of and compliance with this Section, the
25 Department and persons who are subject to this Section shall
26 have the same rights, remedies, privileges, immunities,
    SB3019 Enrolled  - 847 - LRB104 20255 HLH 33706 b

1 powers, and duties, and be subject to the same conditions,

2 restrictions, limitations, penalties and definitions of terms,

3 and employ the same modes of procedure, as are prescribed in

4 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all

5 provisions therein other than the State rate of tax), 4

6 (except that the reference to the State shall be to the taxing

7 municipality), 5, 7, 8 (except that the jurisdiction to which

8 the tax shall be a debt to the extent indicated in that Section

9 8 shall be the taxing municipality), 9 (except as to the

10 disposition of taxes and penalties collected, and except that

11 the returned merchandise credit for this municipal tax may not

12 be taken against any State tax, and except that the retailer's

13 discount is not allowed for taxes paid on aviation fuel that

14 are subject to the revenue use requirements of 49 U.S.C.

15 47107(b) and 49 U.S.C. 47133), 10, 11, 12, (except the

16 reference therein to Section 2b of the Retailers' Occupation

17 Tax Act), 13 (except that any reference to the State shall mean

18 the taxing municipality), the first paragraph of Sections 15,

19 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and

20 Section 3-7 of the Uniform Penalty and Interest Act, as fully

21 as if those provisions were set forth herein.

22  A tax may not be imposed by a municipality under this

23 Section unless the municipality also imposes a tax at the same

24 rate under Section 8-11-1.6 of this Act.

25  If, on January 1, 2025, a unit of local government has in

26 effect a tax under this Section, or if, after January 1, 2025,
    SB3019 Enrolled  - 848 - LRB104 20255 HLH 33706 b

1 a unit of local government imposes a tax under this Section,

2 then that tax applies to leases of tangible personal property

3 in effect, entered into, or renewed on or after that date in

4 the same manner as the tax under this Section and in accordance

5 with the changes made by this amendatory Act of the 103rd

6 General Assembly.

7   Person subject to any tax imposed under the authority

8 granted in this Section may reimburse themselves for their

9 servicemen's tax liability hereunder by separately stating the

10 tax as an additional charge, which charge may be stated in

11 combination, in a single amount, with State tax that

12 servicemen are authorized to collect under the Service Use Tax

13 Act, under such bracket schedules as the Department may

14 prescribe.

15  Whenever the Department determines that a refund should be

16 made under this Section to a claimant instead of issuing

17 credit memorandum, the Department shall notify the State

18 Comptroller, who shall cause the order to be drawn for the

19 amount specified, and to the person named, in such

20 notification from the Department. The refund shall be paid by

21 the State Treasurer out of the Non-Home Rule Municipal

22 Retailers' Occupation Tax Fund or the Local Government

23 Aviation Trust Fund, as appropriate.

24  Except as otherwise provided in this paragraph, the

25 Department shall forthwith pay over to the State Treasurer, ex

26 officio, as trustee, all taxes and penalties collected
    SB3019 Enrolled  - 849 - LRB104 20255 HLH 33706 b

1 hereunder for deposit into the Non-Home Rule Municipal

2 Retailers' Occupation Tax Fund. Taxes and penalties collected

3 on aviation fuel sold on or after December 1, 2019, shall be

4 immediately paid over by the Department to the State

5 Treasurer, ex officio, as trustee, for deposit into the Local

6 Government Aviation Trust Fund. The Department shall only pay

7 moneys into the Local Government Aviation Trust Fund under

8 this Section for so long as the revenue use requirements of 49

9 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

10 Municipality.

11  As soon as possible after the first day of each month,

12 beginning January 1, 2011, upon certification of the

13 Department of Revenue, the Comptroller shall order

14 transferred, and the Treasurer shall transfer, to the STAR

15 Bonds Revenue Fund the local sales tax increment, as defined

16 in the Innovation Development and Economy Act, collected under

17 this Section during the second preceding calendar month for

18 sales within a STAR bond district.

19  As soon as possible after the first day of each month,

20 beginning July 1, 2026, upon certification of the Department

21 of Revenue, the Comptroller shall order transferred, and the

22 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

23 local sales tax increment, as defined in the Statewide

24 Innovation Development and Economy Act, collected under this

25 Section during the second preceding calendar month for sales

26 within a STAR bond district.
   SB3019 Enrolled  - 850 - LRB104 20255 HLH 33706 b

1  After the monthly transfers transfer to the STAR Bonds

2 Revenue Fund, on or before the 25th day of each calendar month,

3 the Department shall prepare and certify to the Comptroller

4 the disbursement of stated sums of money to named

5 municipalities, the municipalities to be those from which

6 suppliers and servicemen have paid taxes or penalties

7 hereunder to the Department during the second preceding

8 calendar month. The amount to be paid to each municipality

9 shall be the amount (not including credit memoranda and not

10 including taxes and penalties collected on aviation fuel sold

11 on or after December 1, 2019) collected hereunder during the

12 second preceding calendar month by the Department, and not

13 including an amount equal to the amount of refunds made during

14 the second preceding calendar month by the Department on

15 behalf of such municipality, and not including any amounts

16 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

17 of the remainder, which the Department shall transfer into the

18 Tax Compliance and Administration Fund. The Department, at the

19 time of each monthly disbursement to the municipalities, shall

20 prepare and certify to the State Comptroller the amount to be

21 transferred into the Tax Compliance and Administration Fund

22 under this Section. Within 10 days after receipt by the

23 Comptroller of the disbursement certification to the

24 municipalities, the Tax Compliance and Administration Fund,

25 and the General Revenue Fund, provided for in this Section to

26 be given to the Comptroller by the Department, the Comptroller
    SB3019 Enrolled  - 851 - LRB104 20255 HLH 33706 b

1 shall cause the orders to be drawn for the respective amounts

2 in accordance with the directions contained in the

3 certification.

4   When certifying the amount of a monthly disbursement to a

5 municipality under this Section, the Department shall increase

6 or decrease the amount by an amount necessary to offset any

7 misallocation of previous disbursements. The offset amount

8 shall be the amount erroneously disbursed within the previous

9 6 months from the time a misallocation is discovered.

10  Nothing in this Section shall be construed to authorize a

11 municipality to impose a tax upon the privilege of engaging in

12 any business which under the constitution of the United States

13 may not be made the subject of taxation by this State.

14 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

15  (65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)

16  Sec. 8-11-5. Home Rule Municipal Service Occupation Tax

17 Act. The corporate authorities of a home rule municipality may

18 impose a tax upon all persons engaged, in such municipality,

19 in the business of making sales of service at the same rate of

20 tax imposed pursuant to Section 8-11-1, of the selling price

21 of all tangible personal property transferred by such

22 servicemen either in the form of tangible personal property or

23 in the form of real estate as an incident to a sale of service.

24 If imposed, such tax shall only be imposed in 1/4% increments.

25 On and after September 1, 1991, this additional tax may not be
SB3019 Enrolled  - 852 - LRB104 20255 HLH 33706 b

 1 imposed on tangible personal property taxed at the 1% rate
 2 under the Service Occupation Tax Act (or at the 0% rate imposed
 3 under this amendatory Act of the 102nd General Assembly).
 4 Beginning December 1, 2019, this tax may not be imposed on
 5 sales of aviation fuel unless the tax revenue is expended for
 6 airport-related purposes. If a municipality does not have an
 7 airport-related purpose to which it dedicates aviation fuel
 8 tax revenue, then aviation fuel shall be excluded from tax.
 9 Each municipality must comply with the certification
10 requirements for airport-related purposes under Section 2-22
11 of the Retailers' Occupation Tax Act. For purposes of this
12 Section, "airport-related purposes" has the meaning ascribed
13 in Section 6z-20.2 of the State Finance Act. This exception
14 for aviation fuel only applies for so long as the revenue use
15 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
16 binding on the State. The changes made to this Section by this
17 amendatory Act of the 101st General Assembly are a denial and
18 limitation of home rule powers and functions under subsection
19 (g) of Section 6 of Article VII of the Illinois Constitution.
20 The tax imposed by a home rule municipality pursuant to this
21 Section and all civil penalties that may be assessed as an
22 incident thereof shall be collected and enforced by the State
23 Department of Revenue. The certificate of registration which
24 is issued by the Department to a retailer under the Retailers'
25 Occupation Tax Act or under the Service Occupation Tax Act
26 shall permit such registrant to engage in a business which is
SB3019 Enrolled  - 853 - LRB104 20255 HLH 33706 b

 1 taxable under any ordinance or resolution enacted pursuant to
 2 this Section without registering separately with the
 3 Department under such ordinance or resolution or under this
 4 Section. The Department shall have full power to administer
 5 and enforce this Section; to collect all taxes and penalties
 6 due hereunder; to dispose of taxes and penalties so collected
 7 in the manner hereinafter provided, and to determine all
 8 rights to credit memoranda arising on account of the erroneous
 9 payment of tax or penalty hereunder. In the administration of,
10 and compliance with, this Section the Department and persons
11 who are subject to this Section shall have the same rights,
12 remedies, privileges, immunities, powers and duties, and be
13 subject to the same conditions, restrictions, limitations,
14 penalties and definitions of terms, and employ the same modes
15 of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3
16 through 3-50 (in respect to all provisions therein other than
17 the State rate of tax), 4 (except that the reference to the
18 State shall be to the taxing municipality), 5, 7, 8 (except
19 that the jurisdiction to which the tax shall be a debt to the
20 extent indicated in that Section 8 shall be the taxing
21 municipality), 9 (except as to the disposition of taxes and
22 penalties collected, and except that the returned merchandise
23 credit for this municipal tax may not be taken against any
24 State tax, and except that the retailer's discount is not
25 allowed for taxes paid on aviation fuel that are subject to the
26 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
    SB3019 Enrolled           - 854 - LRB104 20255 HLH 33706 b

1 47133), 10, 11, 12 (except the reference therein to Section 2b

2 of the Retailers' Occupation Tax Act), 13 (except that any

3 reference to the State shall mean the taxing municipality),

4 the first paragraph of Section 15, 16, 17 (except that credit

5 memoranda issued hereunder may not be used to discharge any

6 State tax liability), 18, 19 and 20 of the Service Occupation

7 Tax Act and Section 3-7 of the Uniform Penalty and Interest

8 Act, as fully as if those provisions were set forth herein.

9   No tax may be imposed by a home rule municipality pursuant

10 to this Section unless such municipality also imposes a tax at

11 the same rate pursuant to Section 8-11-1 of this Act.

12  Persons subject to any tax imposed pursuant to the

13 authority granted in this Section may reimburse themselves for

14 their serviceman's tax liability hereunder by separately

15 stating such tax as an additional charge, which charge may be

16 stated in combination, in a single amount, with State tax

17 which servicemen are authorized to collect under the Service

18 Use Tax Act, pursuant to such bracket schedules as the

19 Department may prescribe.

20  Whenever the Department determines that a refund should be

21 made under this Section to a claimant instead of issuing

22 credit memorandum, the Department shall notify the State

23 Comptroller, who shall cause the order to be drawn for the

24 amount specified, and to the person named, in such

25 notification from the Department. Such refund shall be paid by

26 the State Treasurer out of the home rule municipal retailers'
    SB3019 Enrolled      - 855 - LRB104 20255 HLH 33706 b

1 occupation tax fund or the Local Government Aviation Trust

2 Fund, as appropriate.

3   Except as otherwise provided in this paragraph, the

4 Department shall forthwith pay over to the State Treasurer, ex

5 officio, as trustee, all taxes and penalties collected

6 hereunder for deposit into the Home Rule Municipal Retailers'

7 Occupation Tax Fund. Taxes and penalties collected on aviation

8 fuel sold on or after December 1, 2019, shall be immediately

9 paid over by the Department to the State Treasurer, ex

10 officio, as trustee, for deposit into the Local Government

11 Aviation Trust Fund. The Department shall only pay moneys into

12 the Local Government Aviation Trust Fund under this Section

13 for so long as the revenue use requirements of 49 U.S.C.

14 47107(b) and 49 U.S.C. 47133 are binding on the municipality.

15  As soon as possible after the first day of each month,

16 beginning January 1, 2011, upon certification of the

17 Department of Revenue, the Comptroller shall order

18 transferred, and the Treasurer shall transfer, to the STAR

19 Bonds Revenue Fund the local sales tax increment, as defined

20 in the Innovation Development and Economy Act, collected under

21 this Section during the second preceding calendar month for

22 sales within a STAR bond district.

23  As soon as possible after the first day of each month,

24 beginning July 1, 2026, upon certification of the Department

25 of Revenue, the Comptroller shall order transferred, and the

26 Treasurer shall transfer, to the STAR Bonds Revenue Fund the
   SB3019 Enrolled  - 856 - LRB104 20255 HLH 33706 b

1 local sales tax increment, as defined in the Statewide

2 Innovation Development and Economy Act, collected under this

3 Section during the second preceding calendar month for sales

4 within a STAR bond district.

5  After the monthly transfers transfer to the STAR Bonds

6 Revenue Fund, on or before the 25th day of each calendar month,

7 the Department shall prepare and certify to the Comptroller

8 the disbursement of stated sums of money to named

9 municipalities, the municipalities to be those from which

10 suppliers and servicemen have paid taxes or penalties

11 hereunder to the Department during the second preceding

12 calendar month. The amount to be paid to each municipality

13 shall be the amount (not including credit memoranda and not

14 including taxes and penalties collected on aviation fuel sold

15 on or after December 1, 2019) collected hereunder during the

16 second preceding calendar month by the Department, and not

17 including an amount equal to the amount of refunds made during

18 the second preceding calendar month by the Department on

19 behalf of such municipality, and not including any amounts

20 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

21 of the remainder, which the Department shall transfer into the

22 Tax Compliance and Administration Fund. The Department, at the

23 time of each monthly disbursement to the municipalities, shall

24 prepare and certify to the State Comptroller the amount to be

25 transferred into the Tax Compliance and Administration Fund

26 under this Section. Within 10 days after receipt, by the
   SB3019 Enrolled  - 857 - LRB104 20255 HLH 33706 b

1 Comptroller, of the disbursement certification to the

2 municipalities and the Tax Compliance and Administration Fund

3 provided for in this Section to be given to the Comptroller by

4 the Department, the Comptroller shall cause the orders to be

5 drawn for the respective amounts in accordance with the

6 directions contained in such certification.

7  In addition to the disbursement required by the preceding

8 paragraph and in order to mitigate delays caused by

9 distribution procedures, an allocation shall, if requested, be

10 made within 10 days after January 14, 1991, and in November of

11 1991 and each year thereafter, to each municipality that

12 received more than $500,000 during the preceding fiscal year,

13 (July 1 through June 30) whether collected by the municipality

14 or disbursed by the Department as required by this Section.

15 Within 10 days after January 14, 1991, participating

16 municipalities shall notify the Department in writing of their

17 intent to participate. In addition, for the initial

18 distribution, participating municipalities shall certify to

19 the Department the amounts collected by the municipality for

20 each month under its home rule occupation and service

21 occupation tax during the period July 1, 1989 through June 30,

22 1990. The allocation within 10 days after January 14, 1991,

23 shall be in an amount equal to the monthly average of these

24 amounts, excluding the 2 months of highest receipts. Monthly

25 average for the period of July 1, 1990 through June 30, 1991

26 will be determined as follows: the amounts collected by the
    SB3019 Enrolled  - 858 - LRB104 20255 HLH 33706 b

1 municipality under its home rule occupation and service

2 occupation tax during the period of July 1, 1990 through

3 September 30, 1990, plus amounts collected by the Department

4 and paid to such municipality through June 30, 1991, excluding

5 the 2 months of highest receipts. The monthly average for each

6 subsequent period of July 1 through June 30 shall be an amount

7 equal to the monthly distribution made to each such

8 municipality under the preceding paragraph during this period,

9 excluding the 2 months of highest receipts. The distribution

10 made in November 1991 and each year thereafter under this

11 paragraph and the preceding paragraph shall be reduced by the

12 amount allocated and disbursed under this paragraph in the

13 preceding period of July 1 through June 30. The Department

14 shall prepare and certify to the Comptroller for disbursement

15 the allocations made in accordance with this paragraph.

16  Nothing in this Section shall be construed to authorize a

17 municipality to impose a tax upon the privilege of engaging in

18 any business which under the constitution of the United States

19 may not be made the subject of taxation by this State.

20  An ordinance or resolution imposing or discontinuing a tax

21 hereunder or effecting a change in the rate thereof shall be

22 adopted and a certified copy thereof filed with the Department

23 on or before the first day of June, whereupon the Department

24 shall proceed to administer and enforce this Section as of the

25 first day of September next following such adoption and

26 filing. Beginning January 1, 1992, an ordinance or resolution
SB3019 Enrolled  - 859 - LRB104 20255 HLH 33706 b

 1 imposing or discontinuing the tax hereunder or effecting a
 2 change in the rate thereof shall be adopted and a certified
 3 copy thereof filed with the Department on or before the first
 4 day of July, whereupon the Department shall proceed to
 5 administer and enforce this Section as of the first day of
 6 October next following such adoption and filing. Beginning
 7 January 1, 1993, an ordinance or resolution imposing or
 8 discontinuing the tax hereunder or effecting a change in the
 9 rate thereof shall be adopted and a certified copy thereof
10 filed with the Department on or before the first day of
11 October, whereupon the Department shall proceed to administer
12 and enforce this Section as of the first day of January next
13 following such adoption and filing. However, a municipality
14 located in a county with a population in excess of 3,000,000
15 that elected to become a home rule unit at the general primary
16 election in 1994 may adopt an ordinance or resolution imposing
17 the tax under this Section and file a certified copy of the
18 ordinance or resolution with the Department on or before July
19 1, 1994. The Department shall then proceed to administer and
20 enforce this Section as of October 1, 1994. Beginning April 1,
21 1998, an ordinance or resolution imposing or discontinuing the
22 tax hereunder or effecting a change in the rate thereof shall
23 either (i) be adopted and a certified copy thereof filed with
24 the Department on or before the first day of April, whereupon
25 the Department shall proceed to administer and enforce this
26 Section as of the first day of July next following the adoption
    SB3019 Enrolled        - 860 - LRB104 20255 HLH 33706 b

1 and filing; or (ii) be adopted and a certified copy thereof

2 filed with the Department on or before the first day of

3 October, whereupon the Department shall proceed to administer

4 and enforce this Section as of the first day of January next

5 following the adoption and filing.

6   Any unobligated balance remaining in the Municipal

7 Retailers' Occupation Tax Fund on December 31, 1989, which

8 fund was abolished by Public Act 85-1135, and all receipts of

9 municipal tax as a result of audits of liability periods prior

10 to January 1, 1990, shall be paid into the Local Government Tax

11 Fund, for distribution as provided by this Section prior to

12 the enactment of Public Act 85-1135. All receipts of municipal

13 tax as a result of an assessment not arising from an audit, for

14 liability periods prior to January 1, 1990, shall be paid into

15 the Local Government Tax Fund for distribution before July 1,

16 1990, as provided by this Section prior to the enactment of

17 Public Act 85-1135, and on and after July 1, 1990, all such

18 receipts shall be distributed as provided in Section 6z-18 of

19 the State Finance Act.

20  As used in this Section, "municipal" and "municipality"

21 means a city, village or incorporated town, including an

22 incorporated town which has superseded a civil township.

23  This Section shall be known and may be cited as the Home

24 Rule Municipal Service Occupation Tax Act.

25 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;

26 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
   SB3019 Enrolled      - 861 - LRB104 20255 HLH 33706 b

1  (65 ILCS 5/8-11-23)

2  Sec. 8-11-23. Municipal Cannabis Retailers' Occupation Tax

3 Law.

4  (a) This Section may be referred to as the Municipal

5 Cannabis Retailers' Occupation Tax Law. The corporate

6 authorities of any municipality may, by ordinance, impose a

7 tax upon all persons engaged in the business of selling

8 cannabis, other than cannabis purchased under the

9 Compassionate Use of Medical Cannabis Program Act, at retail

10 in the municipality on the gross receipts from these sales

11 made in the course of that business. If imposed, the tax may

12 not exceed 3% of the gross receipts from these sales and shall

13 only be imposed in 1/4% increments. The tax imposed under this

14 Section and all civil penalties that may be assessed as an

15 incident of the tax shall be collected and enforced by the

16 Department of Revenue. The Department of Revenue shall have

17 full power to administer and enforce this Section; to collect

18 all taxes and penalties due hereunder; to dispose of taxes and

19 penalties so collected in the manner hereinafter provided; and

20 to determine all rights to credit memoranda arising on account

21 of the erroneous payment of tax or penalty under this Section.

22 In the administration of and compliance with this Section, the

23 Department and persons who are subject to this Section shall

24 have the same rights, remedies, privileges, immunities, powers

25 and duties, and be subject to the same conditions,
    SB3019 Enrolled  - 862 - LRB104 20255 HLH 33706 b

1 restrictions, limitations, penalties and definitions of terms,

2 and employ the same modes of procedure, as are prescribed in

3 Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65

4 (in respect to all provisions therein other than the State

5 rate of tax), 2a, 2b, 2c, 2i, 3 (except as to the disposition

6 of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e,

7 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11,

8 11a, 12, and 13 of the Retailers' Occupation Tax Act and

9 Section 3-7 of the Uniform Penalty and Interest Act, as fully

10 as if those provisions were set forth herein.

11  (b) Persons subject to any tax imposed under the authority

12 granted in this Section may reimburse themselves for their

13 seller's tax liability hereunder by separately stating that

14 tax as an additional charge, which charge may be stated in

15 combination, in a single amount, with any State tax that

16 sellers are required to collect.

17  (c) Whenever the Department of Revenue determines that a

18 refund should be made under this Section to a claimant instead

19 of issuing a credit memorandum, the Department of Revenue

20 shall notify the State Comptroller, who shall cause the order

21 to be drawn for the amount specified and to the person named in

22 the notification from the Department of Revenue.

23  (d) Except as otherwise provided in this Section, the The

24 Department of Revenue shall immediately pay over to the State

25 Treasurer, ex officio, as trustee, all taxes and penalties

26 collected hereunder for deposit into the Local Cannabis
    SB3019 Enrolled  - 863 - LRB104 20255 HLH 33706 b

1 Retailers' Occupation Tax Trust Fund.

2   As soon as possible after the first day of each month,

3 beginning July 1, 2026, upon certification of the Department

4 of Revenue, the Comptroller shall order transferred, and the

5 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

6 local sales tax increment, as defined in the Statewide

7 Innovation Development and Economy Act, collected under this

8 Section during the second preceding calendar month for sales

9 within a STAR bond district.

10  (e) After the monthly transfer to the STAR Bonds Revenue

11 Fund, on On or before the 25th day of each calendar month, the

12 Department of Revenue shall prepare and certify to the

13 Comptroller the amount of money to be disbursed from the Local

14 Cannabis Retailers' Occupation Tax Trust Fund to

15 municipalities from which retailers have paid taxes or

16 penalties under this Section during the second preceding

17 calendar month. The amount to be paid to each municipality

18 shall be the amount (not including credit memoranda) collected

19 under this Section from sales made in the municipality during

20 the second preceding calendar month, plus an amount the

21 Department of Revenue determines is necessary to offset any

22 amounts that were erroneously paid to a different taxing body,

23 and not including an amount equal to the amount of refunds made

24 during the second preceding calendar month by the Department

25 on behalf of such municipality, and not including any amount

26 that the Department determines is necessary to offset any
    SB3019 Enrolled  - 864 - LRB104 20255 HLH 33706 b

1 amounts that were payable to a different taxing body but were

2 erroneously paid to the municipality, and not including any

3 amounts that are transferred to the STAR Bonds Revenue Fund,

4 less 1.5% of the remainder, which the Department shall

5 transfer into the Tax Compliance and Administration Fund. The

6 Department, at the time of each monthly disbursement to the

7 municipalities, shall prepare and certify to the State

8 Comptroller the amount to be transferred into the Tax

9 Compliance and Administration Fund under this Section. Within

10 10 days after receipt by the Comptroller of the disbursement

11 certification to the municipalities and the Tax Compliance and

12 Administration Fund provided for in this Section to be given

13 to the Comptroller by the Department, the Comptroller shall

14 cause the orders to be drawn for the respective amounts in

15 accordance with the directions contained in the certification.

16  (f) An ordinance or resolution imposing or discontinuing a

17 tax under this Section or effecting a change in the rate

18 thereof that is adopted on or after June 25, 2019 (the

19 effective date of Public Act 101-27) and for which a certified

20 copy is filed with the Department on or before April 1, 2020

21 shall be administered and enforced by the Department beginning

22 on July 1, 2020. For ordinances filed with the Department

23 after April 1, 2020, an ordinance or resolution imposing or

24 discontinuing a tax under this Section or effecting a change

25 in the rate thereof shall either (i) be adopted and a certified

26 copy thereof filed with the Department on or before the first
    SB3019 Enrolled      - 865 - LRB104 20255 HLH 33706 b

1 day of April, whereupon the Department shall proceed to
2 administer and enforce this Section as of the first day of July
3 next following the adoption and filing; or (ii) be adopted and
4 a certified copy thereof filed with the Department on or
5 before the first day of October, whereupon the Department
6 shall proceed to administer and enforce this Section as of the
7 first day of January next following the adoption and filing.
8 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

9   (65 ILCS 5/8-11-24)

10  Sec. 8-11-24. Municipal Grocery Occupation Tax Law.

11  (a) The corporate authorities of any municipality may, by

12 ordinance or resolution that takes effect on or after January

13 1, 2026, impose a tax upon all persons engaged in the business

14 of selling groceries at retail in the municipality on the

15 gross receipts from those sales made in the course of that

16 business. If imposed, the tax shall be at the rate of 1% of the

17 gross receipts from these sales.

18  The tax imposed by a municipality under this subsection

19 and all civil penalties that may be assessed as an incident of

20 the tax shall be collected and enforced by the Department. The

21 certificate of registration that is issued by the Department

22 to a retailer under the Retailers' Occupation Tax Act shall

23 permit the retailer to engage in a business that is taxable

24 under any ordinance or resolution enacted under this

25 subsection without registering separately with the Department
   SB3019 Enrolled  - 866 - LRB104 20255 HLH 33706 b

1 under that ordinance or resolution or under this subsection.

2  The Department shall have full power to administer and

3 enforce this subsection; to collect all taxes and penalties

4 due under this subsection; to dispose of taxes and penalties

5 so collected in the manner provided in this Section and under

6 rules adopted by the Department; and to determine all rights

7 to credit memoranda arising on account of the erroneous

8 payment of tax or penalty under this subsection.

9  In the administration of, and compliance with, this

10 subsection, the Department and persons who are subject to this

11 subsection shall have the same rights, remedies, privileges,

12 immunities, powers, and duties, and be subject to the same

13 conditions, restrictions, limitations, penalties and

14 definitions of terms, and employ the same modes of procedure,

15 as are prescribed in Sections 1, 2 through 2-65 (in respect to

16 all provisions therein other than the State rate of tax and

17 other than the exemption for food for human consumption that

18 is to be consumed off the premises where it is sold (other than

19 alcoholic beverages, food consisting of or infused with adult

20 use cannabis, soft drinks, candy, and food that has been

21 prepared for immediate consumption), which is authorized to be

22 taxed as provided in this subsection), 2c, 3 (except as to the

23 disposition of taxes and penalties collected), 4, 5, 5a, 5b,

24 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11,

25 11a, 12 and 13 of the Retailers' Occupation Tax Act and all of

26 the Uniform Penalty and Interest Act, as fully as if those
    SB3019 Enrolled  - 867 - LRB104 20255 HLH 33706 b

1 provisions were set forth in this Section.

2   Persons subject to any tax imposed under the authority

3 granted in this subsection may reimburse themselves for their

4 seller's tax liability hereunder by separately stating that

5 tax as an additional charge, which charge may be stated in

6 combination, in a single amount, with State tax which sellers

7 are required to collect under the Use Tax Act, pursuant to such

8 bracket schedules as the Department may prescribe.

9   (b) If a tax has been imposed under subsection (a), then a

10 service occupation tax must also be imposed at the same rate

11 upon all persons engaged, in the municipality, in the business

12 of making sales of service, who, as an incident to making those

13 sales of service, transfer groceries, as defined in this

14 Section, as an incident to a sale of service.

15  The tax imposed under this subsection and all civil

16 penalties that may be assessed as an incident thereof shall be

17 collected and enforced by the Department. The certificate of

18 registration that is issued by the Department to a retailer

19 under the Retailers' Occupation Tax Act or the Service

20 Occupation Tax Act shall permit the registrant to engage in a

21 business that is taxable under any ordinance or resolution

22 enacted pursuant to this subsection without registering

23 separately with the Department under the ordinance or

24 resolution or under this subsection.

25  The Department shall have full power to administer and

26 enforce this subsection, to collect all taxes and penalties
   SB3019 Enrolled  - 868 - LRB104 20255 HLH 33706 b

1 due under this subsection, to dispose of taxes and penalties

2 so collected in the manner provided in this Section and under

3 rules adopted by the Department, and to determine all rights

4 to credit memoranda arising on account of the erroneous

5 payment of a tax or penalty under this subsection.

6  In the administration of and compliance with this

7 subsection, the Department and persons who are subject to this

8 subsection shall have the same rights, remedies, privileges,

9 immunities, powers and duties, and be subject to the same

10 conditions, restrictions, limitations, penalties and

11 definitions of terms, and employ the same modes of procedure

12 as are set forth in Sections 2, 2c, 3 through 3-50 (in respect

13 to all provisions contained in those Sections other than (i)

14 the State rate of tax; (ii) the exemption for food for human

15 consumption that is to be consumed off the premises where it is

16 sold (other than alcoholic beverages, food consisting of or

17 infused with adult use cannabis, soft drinks, candy, and food

18 that has been prepared for immediate consumption), which is

19 authorized to be taxed as provided in this subsection; and

20 (iii) the exemption for food prepared for immediate

21 consumption and transferred incident to a sale of service

22 subject to the Service Occupation Tax Act or the Service Use

23 Tax Act by an entity licensed under the Hospital Licensing

24 Act, the Nursing Home Care Act, the Assisted Living and Shared

25 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

26 Specialized Mental Health Rehabilitation Act of 2013, or the
    SB3019 Enrolled           - 869 - LRB104 20255 HLH 33706 b

1 Child Care Act of 1969, or an entity that holds a permit issued

2 pursuant to the Life Care Facilities Act, which is authorized

3 to be taxed as provided in this subsection), 4, 5, 7, 8, 9

4 (except as to the disposition of taxes and penalties

5 collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the

6 Service Occupation Tax Act and all provisions of the Uniform

7 Penalty and Interest Act, as fully as if those provisions were

8 set forth in this Section.

9   Persons subject to any tax imposed under the authority

10 granted in this subsection may reimburse themselves for their

11 serviceman's tax liability by separately stating the tax as an

12 additional charge, which may be stated in combination, in a

13 single amount, with State tax that servicemen are authorized

14 to collect under the Service Use Tax Act, pursuant to any

15 bracketed schedules set forth by the Department.

16  (c) The Department shall immediately pay over to the State

17 Treasurer, ex officio, as trustee, all taxes and penalties

18 collected under this Section. Those taxes and penalties shall

19 be deposited into the Municipal Grocery Tax Trust Fund, a

20 trust fund created in the State treasury. Except as otherwise

21 provided in this Section, moneys in the Municipal Grocery Tax

22 Trust Fund shall be used to make payments to municipalities

23 and for the payment of refunds under this Section.

24  Moneys deposited into the Municipal Grocery Tax Trust Fund

25 under this Section are not subject to appropriation and shall

26 be used as provided in this Section. All deposits into the
    SB3019 Enrolled        - 870 - LRB104 20255 HLH 33706 b

1 Municipal Grocery Tax Trust Fund shall be held in the

2 Municipal Grocery Tax Trust Fund by the State Treasurer, ex

3 officio, as trustee separate and apart from all public moneys

4 or funds of this State.

5   Whenever the Department determines that a refund should be

6 made under this Section to a claimant instead of issuing a

7 credit memorandum, the Department shall notify the State

8 Comptroller, who shall cause the order to be drawn for the

9 amount specified and to the person named in the notification

10 from the Department. The refund shall be paid by the State

11 Treasurer out of the Municipal Grocery Tax Trust Fund.

12  (d) As soon as possible after the first day of each month,

13 upon certification of the Department, the Comptroller shall

14 order transferred, and the Treasurer shall transfer, to the

15 STAR Bonds Revenue Fund the local sales tax increment, if any,

16 as defined in the Innovation Development and Economy Act,

17 collected under this Section.

18  As soon as possible after the first day of each month, upon

19 certification of the Department of Revenue, the Comptroller

20 shall order transferred, and the Treasurer shall transfer, to

21 the STAR Bonds Revenue Fund the local sales tax increment, as

22 defined in the Statewide Innovation Development and Economy

23 Act, collected under this Section during the second preceding

24 calendar month for sales within a STAR bond district.

25  After the monthly transfers transfer to the STAR Bonds

26 Revenue Fund, if any, on or before the 25th day of each
    SB3019 Enrolled  - 871 - LRB104 20255 HLH 33706 b

1 calendar month, the Department shall prepare and certify to

2 the Comptroller the disbursement of stated sums of money to

3 named municipalities, the municipalities to be those from

4 which retailers have paid taxes or penalties under this

5 Section to the Department during the second preceding calendar

6 month. The amount to be paid to each municipality shall be the

7 amount (not including credit memoranda) collected under this

8 Section during the second preceding calendar month by the

9 Department plus an amount the Department determines is

10 necessary to offset any amounts that were erroneously paid to

11 a different taxing body, and not including an amount equal to

12 the amount of refunds made during the second preceding

13 calendar month by the Department on behalf of such

14 municipality, and not including any amount that the Department

15 determines is necessary to offset any amounts that were

16 payable to a different taxing body but were erroneously paid

17 to the municipality, and not including any amounts that are

18 transferred to the STAR Bonds Revenue Fund. Within 10 days

19 after receipt by the Comptroller of the disbursement

20 certification to the municipalities provided for in this

21 Section to be given to the Comptroller by the Department, the

22 Comptroller shall cause the orders to be drawn for the amounts

23 in accordance with the directions contained in the

24 certification.

25  (e) Nothing in this Section shall be construed to

26 authorize a municipality to impose a tax upon the privilege of
    SB3019 Enrolled        - 872 - LRB104 20255 HLH 33706 b

1 engaging in any business which under the Constitution of the

2 United States may not be made the subject of taxation by this

3 State.

4   (f) Except as otherwise provided in this subsection, an

5 ordinance or resolution imposing or discontinuing the tax

6 hereunder or effecting a change in the rate thereof shall

7 either (i) be adopted and a certified copy thereof filed with

8 the Department on or before the first day of April, whereupon

9 the Department shall proceed to administer and enforce this

10 Section as of the first day of July next following the adoption

11 and filing or (ii) be adopted and a certified copy thereof

12 filed with the Department on or before the first day of

13 October, whereupon the Department shall proceed to administer

14 and enforce this Section as of the first day of January next

15 following the adoption and filing.

16  (g) When certifying the amount of a monthly disbursement

17 to a municipality under this Section, the Department shall

18 increase or decrease the amount by an amount necessary to

19 offset any misallocation of previous disbursements. The offset

20 amount shall be the amount erroneously disbursed within the

21 previous 6 months from the time a misallocation is discovered.

22  (h) As used in this Section, "Department" means the

23 Department of Revenue.

24  For purposes of the tax authorized to be imposed under

25 subsection (a), "groceries" has the same meaning as "food for

26 human consumption that is to be consumed off the premises
    SB3019 Enrolled             - 873 - LRB104 20255 HLH 33706 b

1 where it is sold (other than alcoholic beverages, food

2 consisting of or infused with adult use cannabis, soft drinks,

3 candy, and food that has been prepared for immediate

4 consumption)", as further defined in Section 2-10 of the

5 Retailers' Occupation Tax Act.

6   For purposes of the tax authorized to be imposed under

7 subsection (b), "groceries" has the same meaning as "food for

8 human consumption that is to be consumed off the premises

9 where it is sold (other than alcoholic beverages, food

10 consisting of or infused with adult use cannabis, soft drinks,

11 candy, and food that has been prepared for immediate

12 consumption)", as further defined in Section 3-10 of the

13 Service Occupation Tax Act. For purposes of the tax authorized

14 to be imposed under subsection (b), "groceries" also means

15 food prepared for immediate consumption and transferred

16 incident to a sale of service subject to the Service

17 Occupation Tax Act or the Service Use Tax Act by an entity

18 licensed under the Hospital Licensing Act, the Nursing Home

19 Care Act, the Assisted Living and Shared Housing Act, the

20 ID/DD Community Care Act, the MC/DD Act, the Specialized

21 Mental Health Rehabilitation Act of 2013, or the Child Care

22 Act of 1969, or an entity that holds a permit issued pursuant

23 to the Life Care Facilities Act.

24  (i) This Section may be referred to as the Municipal

25 Grocery Occupation Tax Law.

26 (Source: P.A. 103-781, eff. 8-5-24; 104-6, eff. 1-1-26.)
   SB3019 Enrolled        - 874 - LRB104 20255 HLH 33706 b

1  (65 ILCS 5/11-74.3-6)

2  Sec. 11-74.3-6. Business district revenue and obligations;

3 business district tax allocation fund.

4  (a) If the corporate authorities of a municipality have

5 approved a business district plan, have designated a business

6 district, and have elected to impose a tax by ordinance

7 pursuant to subsection (10) or (11) of Section 11-74.3-3, then

8 each year after the date of the approval of the ordinance but

9 terminating upon the date all business district project costs

10 and all obligations paying or reimbursing business district

11 project costs, if any, have been paid, but in no event later

12 than the dissolution date, all amounts generated by the

13 retailers' occupation tax and service occupation tax shall be

14 collected and the tax shall be enforced by the Department of

15 Revenue in the same manner as all retailers' occupation taxes

16 and service occupation taxes imposed in the municipality

17 imposing the tax and all amounts generated by the hotel

18 operators' occupation tax shall be collected and the tax shall

19 be enforced by the municipality in the same manner as all hotel

20 operators' occupation taxes imposed in the municipality

21 imposing the tax. The corporate authorities of the

22 municipality shall deposit the proceeds of the taxes imposed

23 under subsections (10) and (11) of Section 11-74.3-3 into a

24 special fund of the municipality called the "[Name of]

25 Business District Tax Allocation Fund" for the purpose of
   SB3019 Enrolled  - 875 - LRB104 20255 HLH 33706 b

1 paying or reimbursing business district project costs and

2 obligations incurred in the payment of those costs.

3  (b) The corporate authorities of a municipality that has

4 designated a business district under this Law may, by

5 ordinance, impose a Business District Retailers' Occupation

6 Tax upon all persons engaged in the business of selling

7 tangible personal property, other than an item of tangible

8 personal property titled or registered with an agency of this

9 State's government, at retail in the business district at a

10 rate not to exceed 1% of the gross receipts from the sales made

11 in the course of such business, to be imposed only in 0.25%

12 increments. The tax may not be imposed on tangible personal

13 property taxed at the rate of 1% under the Retailers'

14 Occupation Tax Act (or at the 0% rate imposed under this

15 amendatory Act of the 102nd General Assembly). Beginning

16 December 1, 2019 and through December 31, 2020, this tax is not

17 imposed on sales of aviation fuel unless the tax revenue is

18 expended for airport-related purposes. If the District does

19 not have an airport-related purpose to which it dedicates

20 aviation fuel tax revenue, then aviation fuel is excluded from

21 the tax. Each municipality must comply with the certification

22 requirements for airport-related purposes under Section 2-22

23 of the Retailers' Occupation Tax Act. For purposes of this

24 Section, "airport-related purposes" has the meaning ascribed

25 in Section 6z-20.2 of the State Finance Act. Beginning January

26 1, 2021, this tax is not imposed on sales of aviation fuel for
   SB3019 Enrolled  - 876 - LRB104 20255 HLH 33706 b

1 so long as the revenue use requirements of 49 U.S.C. 47107(b)

2 and 49 U.S.C. 47133 are binding on the District.

3  The tax imposed under this subsection and all civil

4 penalties that may be assessed as an incident thereof shall be

5 collected and enforced by the Department of Revenue. The

6 certificate of registration that is issued by the Department

7 to a retailer under the Retailers' Occupation Tax Act shall

8 permit the retailer to engage in a business that is taxable

9 under any ordinance or resolution enacted pursuant to this

10 subsection without registering separately with the Department

11 under such ordinance or resolution or under this subsection.

12 The Department of Revenue shall have full power to administer

13 and enforce this subsection; to collect all taxes and

14 penalties due under this subsection in the manner hereinafter

15 provided; and to determine all rights to credit memoranda

16 arising on account of the erroneous payment of tax or penalty

17 under this subsection. In the administration of, and

18 compliance with, this subsection, the Department and persons

19 who are subject to this subsection shall have the same rights,

20 remedies, privileges, immunities, powers and duties, and be

21 subject to the same conditions, restrictions, limitations,

22 penalties, exclusions, exemptions, and definitions of terms

23 and employ the same modes of procedure, as are prescribed in

24 Sections 1, 1a through 1o, 2 through 2-65 (in respect to all

25 provisions therein other than the State rate of tax), 2c

26 through 2h, 3 (except as to the disposition of taxes and
    SB3019 Enrolled  - 877 - LRB104 20255 HLH 33706 b

1 penalties collected, and except that the retailer's discount

2 is not allowed for taxes paid on aviation fuel that are subject

3 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

4 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6,

5 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers'

6 Occupation Tax Act and all provisions of the Uniform Penalty

7 and Interest Act, as fully as if those provisions were set

8 forth herein.

9   Persons subject to any tax imposed under this subsection

10 may reimburse themselves for their seller's tax liability

11 under this subsection by separately stating the tax as an

12 additional charge, which charge may be stated in combination,

13 in a single amount, with State taxes that sellers are required

14 to collect under the Use Tax Act, in accordance with such

15 bracket schedules as the Department may prescribe.

16  Whenever the Department determines that a refund should be

17 made under this subsection to a claimant instead of issuing a

18 credit memorandum, the Department shall notify the State

19 Comptroller, who shall cause the order to be drawn for the

20 amount specified and to the person named in the notification

21 from the Department. The refund shall be paid by the State

22 Treasurer out of the business district retailers' occupation

23 tax fund or the Local Government Aviation Trust Fund, as

24 appropriate.

25  Except as otherwise provided in this paragraph, the

26 Department shall immediately pay over to the State Treasurer,
    SB3019 Enrolled  - 878 - LRB104 20255 HLH 33706 b

1 ex officio, as trustee, all taxes, penalties, and interest

2 collected under this subsection for deposit into the business

3 district retailers' occupation tax fund. Taxes and penalties

4 collected on aviation fuel sold on or after December 1, 2019,

5 shall be immediately paid over by the Department to the State

6 Treasurer, ex officio, as trustee, for deposit into the Local

7 Government Aviation Trust Fund. The Department shall only pay

8 moneys into the Local Government Aviation Trust Fund under

9 this Section for so long as the revenue use requirements of 49

10 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

11 District.

12  As soon as possible after the first day of each month,

13 beginning January 1, 2011, upon certification of the

14 Department of Revenue, the Comptroller shall order

15 transferred, and the Treasurer shall transfer, to the STAR

16 Bonds Revenue Fund the local sales tax increment, as defined

17 in the Innovation Development and Economy Act, collected under

18 this subsection during the second preceding calendar month for

19 sales within a STAR bond district.

20  As soon as possible after the first day of each month,

21 beginning July 1, 2026, upon certification of the Department

22 of Revenue, the Comptroller shall order transferred, and the

23 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

24 local sales tax increment, as defined in the Statewide

25 Innovation Development and Economy Act, collected under this

26 Section during the second preceding calendar month for sales
   SB3019 Enrolled  - 879 - LRB104 20255 HLH 33706 b

1 within a STAR bond district.

2  After the monthly transfers transfer to the STAR Bonds

3 Revenue Fund, on or before the 25th day of each calendar month,

4 the Department shall prepare and certify to the Comptroller

5 the disbursement of stated sums of money to named

6 municipalities from the business district retailers'

7 occupation tax fund, the municipalities to be those from which

8 retailers have paid taxes or penalties under this subsection

9 to the Department during the second preceding calendar month.

10 The amount to be paid to each municipality shall be the amount

11 (not including credit memoranda and not including taxes and

12 penalties collected on aviation fuel sold on or after December

13 1, 2019) collected under this subsection during the second

14 preceding calendar month by the Department plus an amount the

15 Department determines is necessary to offset any amounts that

16 were erroneously paid to a different taxing body, and not

17 including an amount equal to the amount of refunds made during

18 the second preceding calendar month by the Department, less 2%

19 of that amount (except the amount collected on aviation fuel

20 sold on or after December 1, 2019), which shall be deposited

21 into the Tax Compliance and Administration Fund and shall be

22 used by the Department, subject to appropriation, to cover the

23 costs of the Department in administering and enforcing the

24 provisions of this subsection, on behalf of such municipality,

25 and not including any amount that the Department determines is

26 necessary to offset any amounts that were payable to a
    SB3019 Enrolled  - 880 - LRB104 20255 HLH 33706 b

1 different taxing body but were erroneously paid to the

2 municipality, and not including any amounts that are

3 transferred to the STAR Bonds Revenue Fund. Within 10 days

4 after receipt by the Comptroller of the disbursement

5 certification to the municipalities provided for in this

6 subsection to be given to the Comptroller by the Department,

7 the Comptroller shall cause the orders to be drawn for the

8 respective amounts in accordance with the directions contained

9 in the certification. The proceeds of the tax paid to

10 municipalities under this subsection shall be deposited into

11 the Business District Tax Allocation Fund by the municipality.

12  An ordinance imposing or discontinuing the tax under this

13 subsection or effecting a change in the rate thereof shall

14 either (i) be adopted and a certified copy thereof filed with

15 the Department on or before the first day of April, whereupon

16 the Department, if all other requirements of this subsection

17 are met, shall proceed to administer and enforce this

18 subsection as of the first day of July next following the

19 adoption and filing; or (ii) be adopted and a certified copy

20 thereof filed with the Department on or before the first day of

21 October, whereupon, if all other requirements of this

22 subsection are met, the Department shall proceed to administer

23 and enforce this subsection as of the first day of January next

24 following the adoption and filing.

25  The Department of Revenue shall not administer or enforce

26 an ordinance imposing, discontinuing, or changing the rate of
SB3019 Enrolled  - 881 - LRB104 20255 HLH 33706 b

 1 the tax under this subsection, until the municipality also
 2 provides, in the manner prescribed by the Department, the
 3 boundaries of the business district and each address in the
 4 business district in such a way that the Department can
 5 determine by its address whether a business is located in the
 6 business district. The municipality must provide this boundary
 7 and address information to the Department on or before April 1
 8 for administration and enforcement of the tax under this
 9 subsection by the Department beginning on the following July 1
10 and on or before October 1 for administration and enforcement
11 of the tax under this subsection by the Department beginning
12 on the following January 1. The Department of Revenue shall
13 not administer or enforce any change made to the boundaries of
14 a business district or address change, addition, or deletion
15 until the municipality reports the boundary change or address
16 change, addition, or deletion to the Department in the manner
17 prescribed by the Department. The municipality must provide
18 this boundary change information or address change, addition,
19 or deletion to the Department on or before April 1 for
20 administration and enforcement by the Department of the change
21 beginning on the following July 1 and on or before October 1
22 for administration and enforcement by the Department of the
23 change beginning on the following January 1. The retailers in
24 the business district shall be responsible for charging the
25 tax imposed under this subsection. If a retailer is
26 incorrectly included or excluded from the list of those
    SB3019 Enrolled        - 882 - LRB104 20255 HLH 33706 b

1 required to collect the tax under this subsection, both the

2 Department of Revenue and the retailer shall be held harmless

3 if they reasonably relied on information provided by the

4 municipality.

5   A municipality that imposes the tax under this subsection

6 must submit to the Department of Revenue any other information

7 as the Department may require for the administration and

8 enforcement of the tax.

9   When certifying the amount of a monthly disbursement to a

10 municipality under this subsection, the Department shall

11 increase or decrease the amount by an amount necessary to

12 offset any misallocation of previous disbursements. The offset

13 amount shall be the amount erroneously disbursed within the

14 previous 6 months from the time a misallocation is discovered.

15  Nothing in this subsection shall be construed to authorize

16 the municipality to impose a tax upon the privilege of

17 engaging in any business which under the Constitution of the

18 United States may not be made the subject of taxation by this

19 State.

20  If a tax is imposed under this subsection (b), a tax shall

21 also be imposed under subsection (c) of this Section.

22  (c) If a tax has been imposed under subsection (b), a

23 Business District Service Occupation Tax shall also be imposed

24 upon all persons engaged, in the business district, in the

25 business of making sales of service, who, as an incident to

26 making those sales of service, transfer tangible personal
    SB3019 Enrolled          - 883 - LRB104 20255 HLH 33706 b

1 property within the business district, either in the form of

2 tangible personal property or in the form of real estate as an

3 incident to a sale of service. The tax shall be imposed at the

4 same rate as the tax imposed in subsection (b) and shall not

5 exceed 1% of the selling price of tangible personal property

6 so transferred within the business district, to be imposed

7 only in 0.25% increments. The tax may not be imposed on

8 tangible personal property taxed at the 1% rate under the

9 Service Occupation Tax Act (or at the 0% rate imposed under

10 this amendatory Act of the 102nd General Assembly). Beginning

11 December 1, 2019, this tax is not imposed on sales of aviation

12 fuel unless the tax revenue is expended for airport-related

13 purposes. If the District does not have an airport-related

14 purpose to which it dedicates aviation fuel tax revenue, then

15 aviation fuel is excluded from the tax. Each municipality must

16 comply with the certification requirements for airport-related

17 purposes under Section 2-22 of the Retailers' Occupation Tax

18 Act. For purposes of this Act, "airport-related purposes" has

19 the meaning ascribed in Section 6z-20.2 of the State Finance

20 Act. Beginning January 1, 2021, this tax is not imposed on

21 sales of aviation fuel for so long as the revenue use

22 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

23 binding on the District.

24  The tax imposed under this subsection and all civil

25 penalties that may be assessed as an incident thereof shall be

26 collected and enforced by the Department of Revenue. The
SB3019 Enrolled  - 884 - LRB104 20255 HLH 33706 b

 1 certificate of registration which is issued by the Department
 2 to a retailer under the Retailers' Occupation Tax Act or under
 3 the Service Occupation Tax Act shall permit such registrant to
 4 engage in a business which is taxable under any ordinance or
 5 resolution enacted pursuant to this subsection without
 6 registering separately with the Department under such
 7 ordinance or resolution or under this subsection. The
 8 Department of Revenue shall have full power to administer and
 9 enforce this subsection; to collect all taxes and penalties
10 due under this subsection; to dispose of taxes and penalties
11 so collected in the manner hereinafter provided; and to
12 determine all rights to credit memoranda arising on account of
13 the erroneous payment of tax or penalty under this subsection.
14 In the administration of, and compliance with this subsection,
15 the Department and persons who are subject to this subsection
16 shall have the same rights, remedies, privileges, immunities,
17 powers and duties, and be subject to the same conditions,
18 restrictions, limitations, penalties, exclusions, exemptions,
19 and definitions of terms and employ the same modes of
20 procedure as are prescribed in Sections 2, 2a through 2d, 3
21 through 3-50 (in respect to all provisions therein other than
22 the State rate of tax), 4 (except that the reference to the
23 State shall be to the business district), 5, 7, 8 (except that
24 the jurisdiction to which the tax shall be a debt to the extent
25 indicated in that Section 8 shall be the municipality), 9
26 (except as to the disposition of taxes and penalties
    SB3019 Enrolled           - 885 - LRB104 20255 HLH 33706 b

1 collected, and except that the returned merchandise credit for

2 this tax may not be taken against any State tax, and except

3 that the retailer's discount is not allowed for taxes paid on

4 aviation fuel that are subject to the revenue use requirements

5 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except

6 the reference therein to Section 2b of the Retailers'

7 Occupation Tax Act), 13 (except that any reference to the

8 State shall mean the municipality), the first paragraph of

9 Section 15, and Sections 16, 17, 18, 19 and 20 of the Service

10 Occupation Tax Act and all provisions of the Uniform Penalty

11 and Interest Act, as fully as if those provisions were set

12 forth herein.

13  Persons subject to any tax imposed under the authority

14 granted in this subsection may reimburse themselves for their

15 serviceman's tax liability hereunder by separately stating the

16 tax as an additional charge, which charge may be stated in

17 combination, in a single amount, with State tax that

18 servicemen are authorized to collect under the Service Use Tax

19 Act, in accordance with such bracket schedules as the

20 Department may prescribe.

21  Whenever the Department determines that a refund should be

22 made under this subsection to a claimant instead of issuing

23 credit memorandum, the Department shall notify the State

24 Comptroller, who shall cause the order to be drawn for the

25 amount specified, and to the person named, in such

26 notification from the Department. Such refund shall be paid by
    SB3019 Enrolled      - 886 - LRB104 20255 HLH 33706 b

1 the State Treasurer out of the business district retailers'

2 occupation tax fund or the Local Government Aviation Trust

3 Fund, as appropriate.

4   Except as otherwise provided in this paragraph, the

5 Department shall forthwith pay over to the State Treasurer,

6 ex-officio, as trustee, all taxes, penalties, and interest

7 collected under this subsection for deposit into the business

8 district retailers' occupation tax fund. Taxes and penalties

9 collected on aviation fuel sold on or after December 1, 2019,

10 shall be immediately paid over by the Department to the State

11 Treasurer, ex officio, as trustee, for deposit into the Local

12 Government Aviation Trust Fund. The Department shall only pay

13 moneys into the Local Government Aviation Trust Fund under

14 this Section for so long as the revenue use requirements of 49

15 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

16 District.

17  As soon as possible after the first day of each month,

18 beginning January 1, 2011, upon certification of the

19 Department of Revenue, the Comptroller shall order

20 transferred, and the Treasurer shall transfer, to the STAR

21 Bonds Revenue Fund the local sales tax increment, as defined

22 in the Innovation Development and Economy Act, collected under

23 this subsection during the second preceding calendar month for

24 sales within a STAR bond district.

25  As soon as possible after the first day of each month,

26 beginning July 1, 2026, upon certification of the Department
   SB3019 Enrolled  - 887 - LRB104 20255 HLH 33706 b

1 of Revenue, the Comptroller shall order transferred, and the

2 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

3 local sales tax increment, as defined in the Statewide

4 Innovation Development and Economy Act, collected under this

5 Section during the second preceding calendar month for sales

6 within a STAR bond district.

7  After the monthly transfers transfer to the STAR Bonds

8 Revenue Fund, on or before the 25th day of each calendar month,

9 the Department shall prepare and certify to the Comptroller

10 the disbursement of stated sums of money to named

11 municipalities from the business district retailers'

12 occupation tax fund, the municipalities to be those from which

13 suppliers and servicemen have paid taxes or penalties under

14 this subsection to the Department during the second preceding

15 calendar month. The amount to be paid to each municipality

16 shall be the amount (not including credit memoranda and not

17 including taxes and penalties collected on aviation fuel sold

18 on or after December 1, 2019) collected under this subsection

19 during the second preceding calendar month by the Department,

20 less 2% of that amount (except the amount collected on

21 aviation fuel sold on or after December 1, 2019), which shall

22 be deposited into the Tax Compliance and Administration Fund

23 and shall be used by the Department, subject to appropriation,

24 to cover the costs of the Department in administering and

25 enforcing the provisions of this subsection, and not including

26 an amount equal to the amount of refunds made during the second
    SB3019 Enrolled  - 888 - LRB104 20255 HLH 33706 b

1 preceding calendar month by the Department on behalf of such

2 municipality, and not including any amounts that are

3 transferred to the STAR Bonds Revenue Fund. Within 10 days

4 after receipt, by the Comptroller, of the disbursement

5 certification to the municipalities, provided for in this

6 subsection to be given to the Comptroller by the Department,

7 the Comptroller shall cause the orders to be drawn for the

8 respective amounts in accordance with the directions contained

9 in such certification. The proceeds of the tax paid to

10 municipalities under this subsection shall be deposited into

11 the Business District Tax Allocation Fund by the municipality.

12  An ordinance imposing or discontinuing the tax under this

13 subsection or effecting a change in the rate thereof shall

14 either (i) be adopted and a certified copy thereof filed with

15 the Department on or before the first day of April, whereupon

16 the Department, if all other requirements of this subsection

17 are met, shall proceed to administer and enforce this

18 subsection as of the first day of July next following the

19 adoption and filing; or (ii) be adopted and a certified copy

20 thereof filed with the Department on or before the first day of

21 October, whereupon, if all other conditions of this subsection

22 are met, the Department shall proceed to administer and

23 enforce this subsection as of the first day of January next

24 following the adoption and filing.

25  The Department of Revenue shall not administer or enforce

26 an ordinance imposing, discontinuing, or changing the rate of
SB3019 Enrolled  - 889 - LRB104 20255 HLH 33706 b

 1 the tax under this subsection, until the municipality also
 2 provides, in the manner prescribed by the Department, the
 3 boundaries of the business district in such a way that the
 4 Department can determine by its address whether a business is
 5 located in the business district. The municipality must
 6 provide this boundary and address information to the
 7 Department on or before April 1 for administration and
 8 enforcement of the tax under this subsection by the Department
 9 beginning on the following July 1 and on or before October 1
10 for administration and enforcement of the tax under this
11 subsection by the Department beginning on the following
12 January 1. The Department of Revenue shall not administer or
13 enforce any change made to the boundaries of a business
14 district or address change, addition, or deletion until the
15 municipality reports the boundary change or address change,
16 addition, or deletion to the Department in the manner
17 prescribed by the Department. The municipality must provide
18 this boundary change information or address change, addition,
19 or deletion to the Department on or before April 1 for
20 administration and enforcement by the Department of the change
21 beginning on the following July 1 and on or before October 1
22 for administration and enforcement by the Department of the
23 change beginning on the following January 1. The retailers in
24 the business district shall be responsible for charging the
25 tax imposed under this subsection. If a retailer is
26 incorrectly included or excluded from the list of those
    SB3019 Enrolled         - 890 - LRB104 20255 HLH 33706 b

1 required to collect the tax under this subsection, both the

2 Department of Revenue and the retailer shall be held harmless

3 if they reasonably relied on information provided by the

4 municipality.

5   A municipality that imposes the tax under this subsection

6 must submit to the Department of Revenue any other information

7 as the Department may require for the administration and

8 enforcement of the tax.

9   Nothing in this subsection shall be construed to authorize

10 the municipality to impose a tax upon the privilege of

11 engaging in any business which under the Constitution of the

12 United States may not be made the subject of taxation by the

13 State.

14  If a tax is imposed under this subsection (c), a tax shall

15 also be imposed under subsection (b) of this Section.

16  (c-5) If, on January 1, 2025, a unit of local government

17 has in effect a tax under this Section, or if, after January 1,

18 2025, a unit of local government imposes a tax under this

19 Section, then that tax applies to leases of tangible personal

20 property in effect, entered into, or renewed on or after that

21 date in the same manner as the tax under this Section and in

22 accordance with the changes made by this amendatory Act of the

23 103rd General Assembly.

24  (d) By ordinance, a municipality that has designated a

25 business district under this Law may impose an occupation tax

26 upon all persons engaged in the business district in the
    SB3019 Enrolled  - 891 - LRB104 20255 HLH 33706 b

1 business of renting, leasing, or letting rooms in a hotel, as

2 defined in the Hotel Operators' Occupation Tax Act, at a rate

3 not to exceed 1% of the gross rental receipts from the renting,

4 leasing, or letting of hotel rooms within the business

5 district, to be imposed only in 0.25% increments, excluding,

6 however, from gross rental receipts the proceeds of renting,

7 leasing, or letting to permanent residents of a hotel, as

8 defined in the Hotel Operators' Occupation Tax Act, and

9 proceeds from the tax imposed under subsection (c) of Section

10 13 of the Metropolitan Pier and Exposition Authority Act.

11  The tax imposed by the municipality under this subsection

12 and all civil penalties that may be assessed as an incident to

13 that tax shall be collected and enforced by the municipality

14 imposing the tax. The municipality shall have full power to

15 administer and enforce this subsection, to collect all taxes

16 and penalties due under this subsection, to dispose of taxes

17 and penalties so collected in the manner provided in this

18 subsection, and to determine all rights to credit memoranda

19 arising on account of the erroneous payment of tax or penalty

20 under this subsection. In the administration of and compliance

21 with this subsection, the municipality and persons who are

22 subject to this subsection shall have the same rights,

23 remedies, privileges, immunities, powers, and duties, shall be

24 subject to the same conditions, restrictions, limitations,

25 penalties, and definitions of terms, and shall employ the same

26 modes of procedure as are employed with respect to a tax
    SB3019 Enrolled  - 892 - LRB104 20255 HLH 33706 b

1 adopted by the municipality under Section 8-3-14 of this Code.

2   Persons subject to any tax imposed under the authority

3 granted in this subsection may reimburse themselves for their

4 tax liability for that tax by separately stating that tax as an

5 additional charge, which charge may be stated in combination,

6 in a single amount, with State taxes imposed under the Hotel

7 Operators' Occupation Tax Act, and with any other tax.

8   Nothing in this subsection shall be construed to authorize

9 a municipality to impose a tax upon the privilege of engaging

10 in any business which under the Constitution of the United

11 States may not be made the subject of taxation by this State.

12  The proceeds of the tax imposed under this subsection

13 shall be deposited into the Business District Tax Allocation

14 Fund.

15  (e) Obligations secured by the Business District Tax

16 Allocation Fund may be issued to provide for the payment or

17 reimbursement of business district project costs. Those

18 obligations, when so issued, shall be retired in the manner

19 provided in the ordinance authorizing the issuance of those

20 obligations by the receipts of taxes imposed pursuant to

21 subsections (10) and (11) of Section 11-74.3-3 and by other

22 revenue designated or pledged by the municipality. A

23 municipality may in the ordinance pledge, for any period of

24 time up to and including the dissolution date, all or any part

25 of the funds in and to be deposited in the Business District

26 Tax Allocation Fund to the payment of business district
    SB3019 Enrolled  - 893 - LRB104 20255 HLH 33706 b

1 project costs and obligations. Whenever a municipality pledges

2 all of the funds to the credit of a business district tax

3 allocation fund to secure obligations issued or to be issued

4 to pay or reimburse business district project costs, the

5 municipality may specifically provide that funds remaining to

6 the credit of such business district tax allocation fund after

7 the payment of such obligations shall be accounted for

8 annually and shall be deemed to be "surplus" funds, and such

9 "surplus" funds shall be expended by the municipality for any

10 business district project cost as approved in the business

11 district plan. Whenever a municipality pledges less than all

12 of the monies to the credit of a business district tax

13 allocation fund to secure obligations issued or to be issued

14 to pay or reimburse business district project costs, the

15 municipality shall provide that monies to the credit of the

16 business district tax allocation fund and not subject to such

17 pledge or otherwise encumbered or required for payment of

18 contractual obligations for specific business district project

19 costs shall be calculated annually and shall be deemed to be

20 "surplus" funds, and such "surplus" funds shall be expended by

21 the municipality for any business district project cost as

22 approved in the business district plan.

23  No obligation issued pursuant to this Law and secured by a

24 pledge of all or any portion of any revenues received or to be

25 received by the municipality from the imposition of taxes

26 pursuant to subsection (10) of Section 11-74.3-3, shall be
    SB3019 Enrolled  - 894 - LRB104 20255 HLH 33706 b

1 deemed to constitute an economic incentive agreement under

2 Section 8-11-20, notwithstanding the fact that such pledge

3 provides for the sharing, rebate, or payment of retailers'

4 occupation taxes or service occupation taxes imposed pursuant

5 to subsection (10) of Section 11-74.3-3 and received or to be

6 received by the municipality from the development or

7 redevelopment of properties in the business district.

8   Without limiting the foregoing in this Section, the

9 municipality may further secure obligations secured by the

10 business district tax allocation fund with a pledge, for a

11 period not greater than the term of the obligations and in any

12 case not longer than the dissolution date, of any part or any

13 combination of the following: (i) net revenues of all or part

14 of any business district project; (ii) taxes levied or imposed

15 by the municipality on any or all property in the

16 municipality, including, specifically, taxes levied or imposed

17 by the municipality in a special service area pursuant to the

18 Special Service Area Tax Law; (iii) the full faith and credit

19 of the municipality; (iv) a mortgage on part or all of the

20 business district project; or (v) any other taxes or

21 anticipated receipts that the municipality may lawfully

22 pledge.

23  Such obligations may be issued in one or more series, bear

24 such date or dates, become due at such time or times as therein

25 provided, but in any case not later than (i) 20 years after the

26 date of issue or (ii) the dissolution date, whichever is
    SB3019 Enrolled           - 895 - LRB104 20255 HLH 33706 b

1 earlier, bear interest payable at such intervals and at such

2 rate or rates as set forth therein, except as may be limited by

3 applicable law, which rate or rates may be fixed or variable,

4 be in such denominations, be in such form, either coupon,

5 registered, or book-entry, carry such conversion, registration

6 and exchange privileges, be subject to defeasance upon such

7 terms, have such rank or priority, be executed in such manner,

8 be payable in such medium or payment at such place or places

9 within or without the State, make provision for a corporate

10 trustee within or without the State with respect to such

11 obligations, prescribe the rights, powers, and duties thereof

12 to be exercised for the benefit of the municipality and the

13 benefit of the owners of such obligations, provide for the

14 holding in trust, investment, and use of moneys, funds, and

15 accounts held under an ordinance, provide for assignment of

16 and direct payment of the moneys to pay such obligations or to

17 be deposited into such funds or accounts directly to such

18 trustee, be subject to such terms of redemption with or

19 without premium, and be sold at such price, all as the

20 corporate authorities shall determine. No referendum approval

21 of the electors shall be required as a condition to the

22 issuance of obligations pursuant to this Law except as

23 provided in this Section.

24  In the event the municipality authorizes the issuance of

25 obligations pursuant to the authority of this Law secured by

26 the full faith and credit of the municipality, or pledges ad
    SB3019 Enrolled  - 896 - LRB104 20255 HLH 33706 b

1 valorem taxes pursuant to this subsection, which obligations

2 are other than obligations which may be issued under home rule

3 powers provided by Section 6 of Article VII of the Illinois

4 Constitution or which ad valorem taxes are other than ad

5 valorem taxes which may be pledged under home rule powers

6 provided by Section 6 of Article VII of the Illinois

7 Constitution or which are levied in a special service area

8 pursuant to the Special Service Area Tax Law, the ordinance

9 authorizing the issuance of those obligations or pledging

10 those taxes shall be published within 10 days after the

11 ordinance has been adopted, in a newspaper having a general

12 circulation within the municipality. The publication of the

13 ordinance shall be accompanied by a notice of (i) the specific

14 number of voters required to sign a petition requesting the

15 question of the issuance of the obligations or pledging such

16 ad valorem taxes to be submitted to the electors; (ii) the time

17 within which the petition must be filed; and (iii) the date of

18 the prospective referendum. The municipal clerk shall provide

19 a petition form to any individual requesting one.

20  If no petition is filed with the municipal clerk, as

21 hereinafter provided in this Section, within 21 days after the

22 publication of the ordinance, the ordinance shall be in

23 effect. However, if within that 21-day period a petition is

24 filed with the municipal clerk, signed by electors numbering

25 not less than 15% of the number of electors voting for the

26 mayor or president at the last general municipal election,
    SB3019 Enrolled  - 897 - LRB104 20255 HLH 33706 b

1 asking that the question of issuing obligations using full

2 faith and credit of the municipality as security for the cost

3 of paying or reimbursing business district project costs, or

4 of pledging such ad valorem taxes for the payment of those

5 obligations, or both, be submitted to the electors of the

6 municipality, the municipality shall not be authorized to

7 issue obligations of the municipality using the full faith and

8 credit of the municipality as security or pledging such ad

9 valorem taxes for the payment of those obligations, or both,

10 until the proposition has been submitted to and approved by a

11 majority of the voters voting on the proposition at a

12 regularly scheduled election. The municipality shall certify

13 the proposition to the proper election authorities for

14 submission in accordance with the general election law.

15  The ordinance authorizing the obligations may provide that

16 the obligations shall contain a recital that they are issued

17 pursuant to this Law, which recital shall be conclusive

18 evidence of their validity and of the regularity of their

19 issuance.

20  In the event the municipality authorizes issuance of

21 obligations pursuant to this Law secured by the full faith and

22 credit of the municipality, the ordinance authorizing the

23 obligations may provide for the levy and collection of a

24 direct annual tax upon all taxable property within the

25 municipality sufficient to pay the principal thereof and

26 interest thereon as it matures, which levy may be in addition
    SB3019 Enrolled   - 898 - LRB104 20255 HLH 33706 b

1 to and exclusive of the maximum of all other taxes authorized

2 to be levied by the municipality, which levy, however, shall

3 be abated to the extent that monies from other sources are

4 available for payment of the obligations and the municipality

5 certifies the amount of those monies available to the county

6 clerk.

7   A certified copy of the ordinance shall be filed with the

8 county clerk of each county in which any portion of the

9 municipality is situated, and shall constitute the authority

10 for the extension and collection of the taxes to be deposited

11 in the business district tax allocation fund.

12  A municipality may also issue its obligations to refund,

13 in whole or in part, obligations theretofore issued by the

14 municipality under the authority of this Law, whether at or

15 prior to maturity. However, the last maturity of the refunding

16 obligations shall not be expressed to mature later than the

17 dissolution date.

18  In the event a municipality issues obligations under home

19 rule powers or other legislative authority, the proceeds of

20 which are pledged to pay or reimburse business district

21 project costs, the municipality may, if it has followed the

22 procedures in conformance with this Law, retire those

23 obligations from funds in the business district tax allocation

24 fund in amounts and in such manner as if those obligations had

25 been issued pursuant to the provisions of this Law.

26  No obligations issued pursuant to this Law shall be
    SB3019 Enrolled    - 899 - LRB104 20255 HLH 33706 b

1 regarded as indebtedness of the municipality issuing those

2 obligations or any other taxing district for the purpose of

3 any limitation imposed by law.

4   Obligations issued pursuant to this Law shall not be

5 subject to the provisions of the Bond Authorization Act.

6   (f) When business district project costs, including,

7 without limitation, all obligations paying or reimbursing

8 business district project costs have been paid, any surplus

9 funds then remaining in the Business District Tax Allocation

10 Fund shall be distributed to the municipal treasurer for

11 deposit into the general corporate fund of the municipality.

12 Upon payment of all business district project costs and

13 retirement of all obligations paying or reimbursing business

14 district project costs, but in no event more than 23 years

15 after the date of adoption of the ordinance imposing taxes

16 pursuant to subsection (10) or (11) of Section 11-74.3-3, the

17 municipality shall adopt an ordinance immediately rescinding

18 the taxes imposed pursuant to subsection (10) or (11) of

19 Section 11-74.3-3.

20 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)

21  Section 100-25. The Metro-East Park and Recreation

22 District Act is amended by changing Section 30 as follows:

23  (70 ILCS 1605/30)

24  Sec. 30. Taxes.
   SB3019 Enrolled  - 900 - LRB104 20255 HLH 33706 b

1  (a) The board shall impose a tax upon all persons engaged

2 in the business of selling tangible personal property, other

3 than personal property titled or registered with an agency of

4 this State's government, at retail in the District on the

5 gross receipts from the sales made in the course of business.

6 This tax shall be imposed only at the rate of one-tenth of one

7 per cent.

8  This additional tax may not be imposed on tangible

9 personal property taxed at the 1% rate under the Retailers'

10 Occupation Tax Act (or at the 0% rate imposed under this

11 amendatory Act of the 102nd General Assembly). Beginning

12 December 1, 2019 and through December 31, 2020, this tax is not

13 imposed on sales of aviation fuel unless the tax revenue is

14 expended for airport-related purposes. If the District does

15 not have an airport-related purpose to which it dedicates

16 aviation fuel tax revenue, then aviation fuel shall be

17 excluded from tax. The board must comply with the

18 certification requirements for airport-related purposes under

19 Section 2-22 of the Retailers' Occupation Tax Act. For

20 purposes of this Act, "airport-related purposes" has the

21 meaning ascribed in Section 6z-20.2 of the State Finance Act.

22 Beginning January 1, 2021, this tax is not imposed on sales of

23 aviation fuel for so long as the revenue use requirements of 49

24 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

25 District. The tax imposed by the Board under this Section and

26 all civil penalties that may be assessed as an incident of the
SB3019 Enrolled  - 901 - LRB104 20255 HLH 33706 b

 1 tax shall be collected and enforced by the Department of
 2 Revenue. The certificate of registration that is issued by the
 3 Department to a retailer under the Retailers' Occupation Tax
 4 Act shall permit the retailer to engage in a business that is
 5 taxable without registering separately with the Department
 6 under an ordinance or resolution under this Section. The
 7 Department has full power to administer and enforce this
 8 Section, to collect all taxes and penalties due under this
 9 Section, to dispose of taxes and penalties so collected in the
10 manner provided in this Section, and to determine all rights
11 to credit memoranda arising on account of the erroneous
12 payment of a tax or penalty under this Section. In the
13 administration of and compliance with this Section, the
14 Department and persons who are subject to this Section shall
15 (i) have the same rights, remedies, privileges, immunities,
16 powers, and duties, (ii) be subject to the same conditions,
17 restrictions, limitations, penalties, and definitions of
18 terms, and (iii) employ the same modes of procedure as are
19 prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
20 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions
21 contained in those Sections other than the State rate of tax),
22 2-12, 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions
23 relating to transaction returns and quarter monthly payments,
24 and except that the retailer's discount is not allowed for
25 taxes paid on aviation fuel that are subject to the revenue use
26 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5,
    SB3019 Enrolled  - 902 - LRB104 20255 HLH 33706 b

1 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c,

2 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'

3 Occupation Tax Act and the Uniform Penalty and Interest Act as

4 if those provisions were set forth in this Section.

5   Persons subject to any tax imposed under the authority

6 granted in this Section may reimburse themselves for their

7 sellers' tax liability by separately stating the tax as an

8 additional charge, which charge may be stated in combination,

9 in a single amount, with State tax which sellers are required

10 to collect under the Use Tax Act, pursuant to such bracketed

11 schedules as the Department may prescribe.

12  Whenever the Department determines that a refund should be

13 made under this Section to a claimant instead of issuing a

14 credit memorandum, the Department shall notify the State

15 Comptroller, who shall cause the order to be drawn for the

16 amount specified and to the person named in the notification

17 from the Department. The refund shall be paid by the State

18 Treasurer out of the State Metro-East Park and Recreation

19 District Fund or the Local Government Aviation Trust Fund, as

20 appropriate.

21  (b) If a tax has been imposed under subsection (a), a

22 service occupation tax shall also be imposed at the same rate

23 upon all persons engaged, in the District, in the business of

24 making sales of service, who, as an incident to making those

25 sales of service, transfer tangible personal property within

26 the District as an incident to a sale of service. This tax may
SB3019 Enrolled  - 903 - LRB104 20255 HLH 33706 b

 1 not be imposed on tangible personal property taxed at the 1%
 2 rate under the Service Occupation Tax Act (or at the 0% rate
 3 imposed under this amendatory Act of the 102nd General
 4 Assembly). Beginning December 1, 2019 and through December 31,
 5 2020, this tax may not be imposed on sales of aviation fuel
 6 unless the tax revenue is expended for airport-related
 7 purposes. If the District does not have an airport-related
 8 purpose to which it dedicates aviation fuel tax revenue, then
 9 aviation fuel shall be excluded from tax. The board must
10 comply with the certification requirements for airport-related
11 purposes under Section 2-22 of the Retailers' Occupation Tax
12 Act. For purposes of this Act, "airport-related purposes" has
13 the meaning ascribed in Section 6z-20.2 of the State Finance
14 Act. Beginning January 1, 2021, this tax is not imposed on
15 sales of aviation fuel for so long as the revenue use
16 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
17 binding on the District. The tax imposed under this subsection
18 and all civil penalties that may be assessed as an incident
19 thereof shall be collected and enforced by the Department of
20 Revenue. The Department has full power to administer and
21 enforce this subsection; to collect all taxes and penalties
22 due hereunder; to dispose of taxes and penalties so collected
23 in the manner hereinafter provided; and to determine all
24 rights to credit memoranda arising on account of the erroneous
25 payment of tax or penalty hereunder. In the administration of,
26 and compliance with this subsection, the Department and
    SB3019 Enrolled   - 904 - LRB104 20255 HLH 33706 b

1 persons who are subject to this paragraph shall (i) have the

2 same rights, remedies, privileges, immunities, powers, and

3 duties, (ii) be subject to the same conditions, restrictions,

4 limitations, penalties, exclusions, exemptions, and

5 definitions of terms, and (iii) employ the same modes of

6 procedure as are prescribed in Sections 2 (except that the

7 reference to State in the definition of supplier maintaining a

8 place of business in this State shall mean the District), 2a,

9 2b, 2c, 3 through 3-50 (in respect to all provisions therein

10 other than the State rate of tax), 4 (except that the reference

11 to the State shall be to the District), 5, 7, 8 (except that

12 the jurisdiction to which the tax shall be a debt to the extent

13 indicated in that Section 8 shall be the District), 9 (except

14 as to the disposition of taxes and penalties collected, and

15 except that the retailer's discount is not allowed for taxes

16 paid on aviation fuel that are subject to the revenue use

17 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10,

18 11, 12 (except the reference therein to Section 2b of the

19 Retailers' Occupation Tax Act), 13 (except that any reference

20 to the State shall mean the District), Sections 15, 16, 17, 18,

21 19 and 20 of the Service Occupation Tax Act and the Uniform

22 Penalty and Interest Act, as fully as if those provisions were

23 set forth herein.

24  Persons subject to any tax imposed under the authority

25 granted in this subsection may reimburse themselves for their

26 serviceman's tax liability by separately stating the tax as an
    SB3019 Enrolled         - 905 - LRB104 20255 HLH 33706 b

1 additional charge, which charge may be stated in combination,

2 in a single amount, with State tax that servicemen are

3 authorized to collect under the Service Use Tax Act, in

4 accordance with such bracket schedules as the Department may

5 prescribe.

6   Whenever the Department determines that a refund should be

7 made under this subsection to a claimant instead of issuing a

8 credit memorandum, the Department shall notify the State

9 Comptroller, who shall cause the warrant to be drawn for the

10 amount specified, and to the person named, in the notification

11 from the Department. The refund shall be paid by the State

12 Treasurer out of the State Metro-East Park and Recreation

13 District Fund or the Local Government Aviation Trust Fund, as

14 appropriate.

15  Nothing in this subsection shall be construed to authorize

16 the board to impose a tax upon the privilege of engaging in any

17 business which under the Constitution of the United States may

18 not be made the subject of taxation by the State.

19  (b-5) If, on January 1, 2025, a unit of local government

20 has in effect a tax under this Section, or if, after January 1,

21 2025, a unit of local government imposes a tax under this

22 Section, then that tax applies to leases of tangible personal

23 property in effect, entered into, or renewed on or after that

24 date in the same manner as the tax under this Section and in

25 accordance with the changes made by this amendatory Act of the

26 103rd General Assembly.
    SB3019 Enrolled  - 906 - LRB104 20255 HLH 33706 b

1   (c) Except as otherwise provided in this paragraph, the

2 Department shall immediately pay over to the State Treasurer,

3 ex officio, as trustee, all taxes and penalties collected

4 under this Section to be deposited into the State Metro-East

5 Park and Recreation District Fund, which shall be an

6 unappropriated trust fund held outside of the State treasury.

7 Taxes and penalties collected on aviation fuel sold on or

8 after December 1, 2019 and through December 31, 2020, shall be

9 immediately paid over by the Department to the State

10 Treasurer, ex officio, as trustee, for deposit into the Local

11 Government Aviation Trust Fund. The Department shall only pay

12 moneys into the Local Government Aviation Trust Fund under

13 this Act for so long as the revenue use requirements of 49

14 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

15 District.

16  As soon as possible after the first day of each month,

17 beginning January 1, 2011, upon certification of the

18 Department of Revenue, the Comptroller shall order

19 transferred, and the Treasurer shall transfer, to the STAR

20 Bonds Revenue Fund the local sales tax increment, as defined

21 in the Innovation Development and Economy Act, collected under

22 this Section during the second preceding calendar month for

23 sales within a STAR bond district. The Department shall make

24 this certification only if the Metro East Park and Recreation

25 District imposes a tax on real property as provided in the

26 definition of "local sales taxes" under the Innovation
    SB3019 Enrolled  - 907 - LRB104 20255 HLH 33706 b

1 Development and Economy Act.

2   As soon as possible after the first day of each month,

3 beginning July 1, 2026, upon certification of the Department

4 of Revenue, the Comptroller shall order transferred, and the

5 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

6 local sales tax increment, as defined in the Statewide

7 Innovation Development and Economy Act, collected under this

8 Section during the second preceding calendar month for sales

9 within a STAR bond district. The Department shall make this

10 certification only if the Metro East Park and Recreation

11 District imposes a tax on real property as provided in the

12 definition of "local sales taxes" under the Statewide

13 Innovation Development and Economy Act.

14  After the monthly transfers transfer to the STAR Bonds

15 Revenue Fund, on or before the 25th day of each calendar month,

16 the Department shall prepare and certify to the Comptroller

17 the disbursement of stated sums of money pursuant to Section

18 35 of this Act to the District from which retailers have paid

19 taxes or penalties to the Department during the second

20 preceding calendar month. The amount to be paid to the

21 District shall be the amount (not including credit memoranda

22 and not including taxes and penalties collected on aviation

23 fuel sold on or after December 1, 2019 and through December 31,

24 2020) collected under this Section during the second preceding

25 calendar month by the Department plus an amount the Department

26 determines is necessary to offset any amounts that were
    SB3019 Enrolled    - 908 - LRB104 20255 HLH 33706 b

1 erroneously paid to a different taxing body, and not including

2 (i) an amount equal to the amount of refunds made during the

3 second preceding calendar month by the Department on behalf of

4 the District, (ii) any amount that the Department determines

5 is necessary to offset any amounts that were payable to a

6 different taxing body but were erroneously paid to the

7 District, (iii) any amounts that are transferred to the STAR

8 Bonds Revenue Fund, and (iv) 1.5% of the remainder, which the

9 Department shall transfer into the Tax Compliance and

10 Administration Fund. The Department, at the time of each

11 monthly disbursement to the District, shall prepare and

12 certify to the State Comptroller the amount to be transferred

13 into the Tax Compliance and Administration Fund under this

14 subsection. Within 10 days after receipt by the Comptroller of

15 the disbursement certification to the District and the Tax

16 Compliance and Administration Fund provided for in this

17 Section to be given to the Comptroller by the Department, the

18 Comptroller shall cause the orders to be drawn for the

19 respective amounts in accordance with directions contained in

20 the certification.

21  (d) For the purpose of determining whether a tax

22 authorized under this Section is applicable, a retail sale by

23 a producer of coal or another mineral mined in Illinois is a

24 sale at retail at the place where the coal or other mineral

25 mined in Illinois is extracted from the earth. This paragraph

26 does not apply to coal or another mineral when it is delivered
    SB3019 Enrolled       - 909 - LRB104 20255 HLH 33706 b

1 or shipped by the seller to the purchaser at a point outside

2 Illinois so that the sale is exempt under the United States

3 Constitution as a sale in interstate or foreign commerce.

4   (e) Nothing in this Section shall be construed to

5 authorize the board to impose a tax upon the privilege of

6 engaging in any business that under the Constitution of the

7 United States may not be made the subject of taxation by this

8 State.

9   (f) An ordinance imposing a tax under this Section or an

10 ordinance extending the imposition of a tax to an additional

11 county or counties shall be certified by the board and filed

12 with the Department of Revenue either (i) on or before the

13 first day of April, whereupon the Department shall proceed to

14 administer and enforce the tax as of the first day of July next

15 following the filing; or (ii) on or before the first day of

16 October, whereupon the Department shall proceed to administer

17 and enforce the tax as of the first day of January next

18 following the filing.

19  (g) When certifying the amount of a monthly disbursement

20 to the District under this Section, the Department shall

21 increase or decrease the amounts by an amount necessary to

22 offset any misallocation of previous disbursements. The offset

23 amount shall be the amount erroneously disbursed within the

24 previous 6 months from the time a misallocation is discovered.

25 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.)
    SB3019 Enrolled  - 910 - LRB104 20255 HLH 33706 b

1   Section 100-30. The Local Mass Transit District Act is

2 amended by changing Section 5.01 as follows:

3   (70 ILCS 3610/5.01) (from Ch. 111 2/3, par. 355.01)

4   Sec. 5.01. Metro East Mass Transit District; use and

5 occupation taxes.

6   (a) The Board of Trustees of any Metro East Mass Transit

7 District may, by ordinance adopted with the concurrence of

8 two-thirds of the then trustees, impose throughout the

9 District any or all of the taxes and fees provided in this

10 Section. Except as otherwise provided, all taxes and fees

11 imposed under this Section shall be used only for public mass

12 transportation systems, and the amount used to provide mass

13 transit service to unserved areas of the District shall be in

14 the same proportion to the total proceeds as the number of

15 persons residing in the unserved areas is to the total

16 population of the District. Except as otherwise provided in

17 this Act, taxes imposed under this Section and civil penalties

18 imposed incident thereto shall be collected and enforced by

19 the State Department of Revenue. The Department shall have the

20 power to administer and enforce the taxes and to determine all

21 rights for refunds for erroneous payments of the taxes.

22  (b) The Board may impose a Metro East Mass Transit

23 District Retailers' Occupation Tax upon all persons engaged in

24 the business of selling tangible personal property at retail

25 in the district at a rate of 1/4 of 1%, or as authorized under
    SB3019 Enrolled         - 911 - LRB104 20255 HLH 33706 b

1 subsection (d-5) of this Section, of the gross receipts from

2 the sales made in the course of such business within the

3 district, including sales of food for human consumption that

4 is to be consumed off the premises where it is sold (other than

5 alcoholic beverages, food consisting of or infused with adult

6 use cannabis, soft drinks, candy, and food that has been

7 prepared for immediate consumption), except that the rate of

8 tax imposed under this Section on sales of aviation fuel on or

9 after December 1, 2019 shall be 0.25% in Madison County unless

10 the Metro-East Mass Transit District in Madison County has an

11 "airport-related purpose" and any additional amount authorized

12 under subsection (d-5) is expended for airport-related

13 purposes. If there is no airport-related purpose to which

14 aviation fuel tax revenue is dedicated, then aviation fuel is

15 excluded from any additional amount authorized under

16 subsection (d-5). The rate in St. Clair County shall be 0.25%

17 unless the Metro-East Mass Transit District in St. Clair

18 County has an "airport-related purpose" and the additional

19 0.50% of the 0.75% tax on aviation fuel imposed in that County

20 is expended for airport-related purposes. If there is no

21 airport-related purpose to which aviation fuel tax revenue is

22 dedicated, then aviation fuel is excluded from the additional

23 0.50% of the 0.75% tax.

24  The Board must comply with the certification requirements

25 for airport-related purposes under Section 2-22 of the

26 Retailers' Occupation Tax Act. For purposes of this Section,
   SB3019 Enrolled  - 912 - LRB104 20255 HLH 33706 b

1 "airport-related purposes" has the meaning ascribed in Section

2 6z-20.2 of the State Finance Act. This exclusion for aviation

3 fuel only applies for so long as the revenue use requirements

4 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

5 District.

6  The tax imposed under this Section and all civil penalties

7 that may be assessed as an incident thereof shall be collected

8 and enforced by the State Department of Revenue. The

9 Department shall have full power to administer and enforce

10 this Section; to collect all taxes and penalties so collected

11 in the manner hereinafter provided; and to determine all

12 rights to credit memoranda arising on account of the erroneous

13 payment of tax or penalty hereunder. In the administration of,

14 and compliance with, this Section, the Department and persons

15 who are subject to this Section shall have the same rights,

16 remedies, privileges, immunities, powers and duties, and be

17 subject to the same conditions, restrictions, limitations,

18 penalties, exclusions, exemptions and definitions of terms and

19 employ the same modes of procedure, as are prescribed in

20 Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65

21 (in respect to all provisions therein other than the State

22 rate of tax and other than the exemption for food for human

23 consumption that is to be consumed off the premises where it is

24 sold (other than alcoholic beverages, food consisting of or

25 infused with adult use cannabis, soft drinks, candy, and food

26 that has been prepared for immediate consumption), which is
    SB3019 Enrolled   - 913 - LRB104 20255 HLH 33706 b

1 taxed at the rate as provided in this subsection), 2c, 3

2 (except as to the disposition of taxes and penalties

3 collected, and except that the retailer's discount is not

4 allowed for taxes paid on aviation fuel that are subject to the

5 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

6 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6,

7 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of the

8 Retailers' Occupation Tax Act and Section 3-7 of the Uniform

9 Penalty and Interest Act, as fully as if those provisions were

10 set forth herein.

11  Persons subject to any tax imposed under the Section may

12 reimburse themselves for their seller's tax liability

13 hereunder by separately stating the tax as an additional

14 charge, which charge may be stated in combination, in a single

15 amount, with State taxes that sellers are required to collect

16 under the Use Tax Act, in accordance with such bracket

17 schedules as the Department may prescribe.

18  Whenever the Department determines that a refund should be

19 made under this Section to a claimant instead of issuing a

20 credit memorandum, the Department shall notify the State

21 Comptroller, who shall cause the warrant to be drawn for the

22 amount specified, and to the person named, in the notification

23 from the Department. The refund shall be paid by the State

24 Treasurer out of the Metro East Mass Transit District tax fund

25 established under paragraph (h) of this Section or the Local

26 Government Aviation Trust Fund, as appropriate.
    SB3019 Enrolled            - 914 - LRB104 20255 HLH 33706 b

1   If a tax is imposed under this subsection (b), a tax shall

2 also be imposed under subsections (c) and (d) of this Section.

3   For the purpose of determining whether a tax authorized

4 under this Section is applicable, a retail sale, by a producer

5 of coal or other mineral mined in Illinois, is a sale at retail

6 at the place where the coal or other mineral mined in Illinois

7 is extracted from the earth. This paragraph does not apply to

8 coal or other mineral when it is delivered or shipped by the

9 seller to the purchaser at a point outside Illinois so that the

10 sale is exempt under the Federal Constitution as a sale in

11 interstate or foreign commerce.

12  No tax shall be imposed or collected under this subsection

13 on the sale of a motor vehicle in this State to a resident of

14 another state if that motor vehicle will not be titled in this

15 State.

16  Nothing in this Section shall be construed to authorize

17 the Metro East Mass Transit District to impose a tax upon the

18 privilege of engaging in any business which under the

19 Constitution of the United States may not be made the subject

20 of taxation by this State.

21  (c) If a tax has been imposed under subsection (b), a Metro

22 East Mass Transit District Service Occupation Tax shall also

23 be imposed upon all persons engaged, in the district, in the

24 business of making sales of service, who, as an incident to

25 making those sales of service, transfer tangible personal

26 property within the District, either in the form of tangible
SB3019 Enrolled  - 915 - LRB104 20255 HLH 33706 b

 1 personal property or in the form of real estate as an incident
 2 to a sale of service. The tax rate shall be (1) 1/4%, or as
 3 authorized under subsection (d-5) of this Section, of the
 4 selling price of tangible personal property so transferred
 5 within the district, including food for human consumption that
 6 is to be consumed off the premises where it is sold (other than
 7 alcoholic beverages, food consisting of or infused with adult
 8 use cannabis, soft drinks, candy, and food that has been
 9 prepared for immediate consumption); and (2) 1/4%, or as
10 authorized under subsection (d-5) of this Section, of the
11 serviceman's cost price of food prepared for immediate
12 consumption and transferred incident to a sale of service
13 subject to the service occupation tax by an entity that is
14 licensed under the Hospital Licensing Act, the Nursing Home
15 Care Act, the Assisted Living and Shared Housing Act, the
16 Specialized Mental Health Rehabilitation Act of 2013, the
17 ID/DD Community Care Act, or the MC/DD Act, or the Child Care
18 Act of 1969, or an entity that holds a permit issued pursuant
19 to the Life Care Facilities Act. However, the rate of tax
20 imposed in these Counties under this Section on sales of
21 aviation fuel on or after December 1, 2019 shall be 0.25% in
22 Madison County unless the Metro-East Mass Transit District in
23 Madison County has an "airport-related purpose" and any
24 additional amount authorized under subsection (d-5) is
25 expended for airport-related purposes. If there is no
26 airport-related purpose to which aviation fuel tax revenue is
    SB3019 Enrolled        - 916 - LRB104 20255 HLH 33706 b

1 dedicated, then aviation fuel is excluded from any additional

2 amount authorized under subsection (d-5). The rate in St.

3 Clair County shall be 0.25% unless the Metro-East Mass Transit

4 District in St. Clair County has an "airport-related purpose"

5 and the additional 0.50% of the 0.75% tax on aviation fuel is

6 expended for airport-related purposes. If there is no

7 airport-related purpose to which aviation fuel tax revenue is

8 dedicated, then aviation fuel is excluded from the additional

9 0.50% of the 0.75% tax.

10  The Board must comply with the certification requirements

11 for airport-related purposes under Section 2-22 of the

12 Retailers' Occupation Tax Act. For purposes of this Section,

13 "airport-related purposes" has the meaning ascribed in Section

14 6z-20.2 of the State Finance Act. This exclusion for aviation

15 fuel only applies for so long as the revenue use requirements

16 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

17 District.

18  The tax imposed under this paragraph and all civil

19 penalties that may be assessed as an incident thereof shall be

20 collected and enforced by the State Department of Revenue. The

21 Department shall have full power to administer and enforce

22 this paragraph; to collect all taxes and penalties due

23 hereunder; to dispose of taxes and penalties so collected in

24 the manner hereinafter provided; and to determine all rights

25 to credit memoranda arising on account of the erroneous

26 payment of tax or penalty hereunder. In the administration of,
SB3019 Enrolled  - 917 - LRB104 20255 HLH 33706 b

 1 and compliance with this paragraph, the Department and persons
 2 who are subject to this paragraph shall have the same rights,
 3 remedies, privileges, immunities, powers and duties, and be
 4 subject to the same conditions, restrictions, limitations,
 5 penalties, exclusions, exemptions and definitions of terms and
 6 employ the same modes of procedure as are prescribed in
 7 Sections 1a-1, 2 (except that the reference to State in the
 8 definition of supplier maintaining a place of business in this
 9 State shall mean the Authority), 2a, 3 through 3-50 (in
10 respect to all provisions therein other than (i) the State
11 rate of tax; (ii) the exemption for food for human consumption
12 that is to be consumed off the premises where it is sold (other
13 than alcoholic beverages, food consisting of or infused with
14 adult use cannabis, soft drinks, candy, and food that has been
15 prepared for immediate consumption), which is taxed at the
16 rate as provided in this subsection; and (iii) the exemption
17 for food prepared for immediate consumption and transferred
18 incident to a sale of service subject to the service
19 occupation tax by an entity that is licensed under the
20 Hospital Licensing Act, the Nursing Home Care Act, the
21 Assisted Living and Shared Housing Act, the Specialized Mental
22 Health Rehabilitation Act of 2013, the ID/DD Community Care
23 Act, or the MC/DD Act, or the Child Care Act of 1969, or an
24 entity that holds a permit issued pursuant to the Life Care
25 Facilities Act, which is taxed at the rate as provided in this
26 subsection), 4 (except that the reference to the State shall
    SB3019 Enrolled           - 918 - LRB104 20255 HLH 33706 b

1 be to the Authority), 5, 7, 8 (except that the jurisdiction to

2 which the tax shall be a debt to the extent indicated in that

3 Section 8 shall be the District), 9 (except as to the

4 disposition of taxes and penalties collected, and except that

5 the returned merchandise credit for this tax may not be taken

6 against any State tax, and except that the retailer's discount

7 is not allowed for taxes paid on aviation fuel that are subject

8 to the revenue use requirements of 49 U.S.C. 47107(b) and 49

9 U.S.C. 47133), 10, 11, 12 (except the reference therein to

10 Section 2b of the Retailers' Occupation Tax Act), 13 (except

11 that any reference to the State shall mean the District), the

12 first paragraph of Section 15, 16, 17, 18, 19 and 20 of the

13 Service Occupation Tax Act and Section 3-7 of the Uniform

14 Penalty and Interest Act, as fully as if those provisions were

15 set forth herein.

16  Persons subject to any tax imposed under the authority

17 granted in this paragraph may reimburse themselves for their

18 serviceman's tax liability hereunder by separately stating the

19 tax as an additional charge, which charge may be stated in

20 combination, in a single amount, with State tax that

21 servicemen are authorized to collect under the Service Use Tax

22 Act, in accordance with such bracket schedules as the

23 Department may prescribe.

24  Whenever the Department determines that a refund should be

25 made under this paragraph to a claimant instead of issuing a

26 credit memorandum, the Department shall notify the State
    SB3019 Enrolled  - 919 - LRB104 20255 HLH 33706 b

1 Comptroller, who shall cause the warrant to be drawn for the

2 amount specified, and to the person named, in the notification

3 from the Department. The refund shall be paid by the State

4 Treasurer out of the Metro East Mass Transit District tax fund

5 established under paragraph (h) of this Section or the Local

6 Government Aviation Trust Fund, as appropriate.

7   Nothing in this paragraph shall be construed to authorize

8 the District to impose a tax upon the privilege of engaging in

9 any business which under the Constitution of the United States

10 may not be made the subject of taxation by the State.

11  (d) If a tax has been imposed under subsection (b), a Metro

12 East Mass Transit District Use Tax shall also be imposed upon

13 the privilege of using, in the district, any item of tangible

14 personal property that is purchased outside the district at

15 retail from a retailer, and that is titled or registered with

16 an agency of this State's government, at a rate of 1/4%, or as

17 authorized under subsection (d-5) of this Section, of the

18 selling price of the tangible personal property within the

19 District, as "selling price" is defined in the Use Tax Act. The

20 tax shall be collected from persons whose Illinois address for

21 titling or registration purposes is given as being in the

22 District. The tax shall be collected by the Department of

23 Revenue for the Metro East Mass Transit District. The tax must

24 be paid to the State, or an exemption determination must be

25 obtained from the Department of Revenue, before the title or

26 certificate of registration for the property may be issued.
   SB3019 Enrolled  - 920 - LRB104 20255 HLH 33706 b

1 The tax or proof of exemption may be transmitted to the

2 Department by way of the State agency with which, or the State

3 officer with whom, the tangible personal property must be

4 titled or registered if the Department and the State agency or

5 State officer determine that this procedure will expedite the

6 processing of applications for title or registration.

7  The Department shall have full power to administer and

8 enforce this paragraph; to collect all taxes, penalties and

9 interest due hereunder; to dispose of taxes, penalties and

10 interest so collected in the manner hereinafter provided; and

11 to determine all rights to credit memoranda or refunds arising

12 on account of the erroneous payment of tax, penalty or

13 interest hereunder. In the administration of, and compliance

14 with, this paragraph, the Department and persons who are

15 subject to this paragraph shall have the same rights,

16 remedies, privileges, immunities, powers and duties, and be

17 subject to the same conditions, restrictions, limitations,

18 penalties, exclusions, exemptions and definitions of terms and

19 employ the same modes of procedure, as are prescribed in

20 Sections 2 (except the definition of "retailer maintaining a

21 place of business in this State"), 3 through 3-80 (except

22 provisions pertaining to the State rate of tax, and except

23 provisions concerning collection or refunding of the tax by

24 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions

25 pertaining to claims by retailers and except the last

26 paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act
    SB3019 Enrolled  - 921 - LRB104 20255 HLH 33706 b

1 and Section 3-7 of the Uniform Penalty and Interest Act, that

2 are not inconsistent with this paragraph, as fully as if those

3 provisions were set forth herein.

4   Whenever the Department determines that a refund should be

5 made under this paragraph to a claimant instead of issuing a

6 credit memorandum, the Department shall notify the State

7 Comptroller, who shall cause the order to be drawn for the

8 amount specified, and to the person named, in the notification

9 from the Department. The refund shall be paid by the State

10 Treasurer out of the Metro East Mass Transit District tax fund

11 established under paragraph (h) of this Section.

12  (d-1) If, on January 1, 2025, a unit of local government

13 has in effect a tax under subsections (b), (c), and (d) or if,

14 after January 1, 2025, a unit of local government imposes a tax

15 under subsections (b), (c), and (d), then that tax applies to

16 leases of tangible personal property in effect, entered into,

17 or renewed on or after that date in the same manner as the tax

18 under this Section and in accordance with the changes made by

19 this amendatory Act of the 103rd General Assembly.

20  (d-5) (A) The county board of any county participating in

21 the Metro East Mass Transit District may authorize, by

22 ordinance, a referendum on the question of whether the tax

23 rates for the Metro East Mass Transit District Retailers'

24 Occupation Tax, the Metro East Mass Transit District Service

25 Occupation Tax, and the Metro East Mass Transit District Use

26 Tax for the District should be increased from 0.25% to 0.75%.
    SB3019 Enrolled  - 922 - LRB104 20255 HLH 33706 b

1 Upon adopting the ordinance, the county board shall certify

2 the proposition to the proper election officials who shall

3 submit the proposition to the voters of the District at the

4 next election, in accordance with the general election law.

5   The proposition shall be in substantially the following

6 form:

7        Shall the tax rates for the Metro East Mass Transit

8   District Retailers' Occupation Tax, the Metro East Mass

9   Transit District Service Occupation Tax, and the Metro

10  East Mass Transit District Use Tax be increased from 0.25%

11  to 0.75%?

12  (B) Two thousand five hundred electors of any Metro East

13 Mass Transit District may petition the Chief Judge of the

14 Circuit Court, or any judge of that Circuit designated by the

15 Chief Judge, in which that District is located to cause to be

16 submitted to a vote of the electors the question whether the

17 tax rates for the Metro East Mass Transit District Retailers'

18 Occupation Tax, the Metro East Mass Transit District Service

19 Occupation Tax, and the Metro East Mass Transit District Use

20 Tax for the District should be increased from 0.25% to 0.75%.

21  Upon submission of such petition the court shall set a

22 date not less than 10 nor more than 30 days thereafter for a

23 hearing on the sufficiency thereof. Notice of the filing of

24 such petition and of such date shall be given in writing to the

25 District and the County Clerk at least 7 days before the date

26 of such hearing.
    SB3019 Enrolled         - 923 - LRB104 20255 HLH 33706 b

1   If such petition is found sufficient, the court shall

2 enter an order to submit that proposition at the next

3 election, in accordance with general election law.

4   The form of the petition shall be in substantially the

5 following form: To the Circuit Court of the County of (name of

6 county):

7   We, the undersigned electors of the (name of transit

8   district), respectfully petition your honor to submit to a

9   vote of the electors of (name of transit district) the

10  following proposition:

11  Shall the tax rates for the Metro East Mass Transit

12  District Retailers' Occupation Tax, the Metro East Mass

13  Transit District Service Occupation Tax, and the Metro

14  East Mass Transit District Use Tax be increased from 0.25%

15  to 0.75%?

16  Name                    Address, with Street and Number.

17  .................... ......................................

18  .................... ......................................

19  (C) The votes shall be recorded as "YES" or "NO". If a

20 majority of all votes cast on the proposition are for the

21 increase in the tax rates, the Metro East Mass Transit

22 District shall begin imposing the increased rates in the

23 District, and the Department of Revenue shall begin collecting

24 the increased amounts, as provided under this Section. An

25 ordinance imposing or discontinuing a tax hereunder or

26 effecting a change in the rate thereof shall be adopted and a
   SB3019 Enrolled  - 924 - LRB104 20255 HLH 33706 b

1 certified copy thereof filed with the Department on or before

2 the first day of October, whereupon the Department shall

3 proceed to administer and enforce this Section as of the first

4 day of January next following the adoption and filing, or on or

5 before the first day of April, whereupon the Department shall

6 proceed to administer and enforce this Section as of the first

7 day of July next following the adoption and filing.

8  (D) If the voters have approved a referendum under this

9 subsection, before November 1, 1994, to increase the tax rate

10 under this subsection, the Metro East Mass Transit District

11 Board of Trustees may adopt by a majority vote an ordinance at

12 any time before January 1, 1995 that excludes from the rate

13 increase tangible personal property that is titled or

14 registered with an agency of this State's government. The

15 ordinance excluding titled or registered tangible personal

16 property from the rate increase must be filed with the

17 Department at least 15 days before its effective date. At any

18 time after adopting an ordinance excluding from the rate

19 increase tangible personal property that is titled or

20 registered with an agency of this State's government, the

21 Metro East Mass Transit District Board of Trustees may adopt

22 an ordinance applying the rate increase to that tangible

23 personal property. The ordinance shall be adopted, and a

24 certified copy of that ordinance shall be filed with the

25 Department, on or before October 1, whereupon the Department

26 shall proceed to administer and enforce the rate increase
SB3019 Enrolled  - 925 - LRB104 20255 HLH 33706 b

 1 against tangible personal property titled or registered with
 2 an agency of this State's government as of the following
 3 January 1. After December 31, 1995, any reimposed rate
 4 increase in effect under this subsection shall no longer apply
 5 to tangible personal property titled or registered with an
 6 agency of this State's government. Beginning January 1, 1996,
 7 the Board of Trustees of any Metro East Mass Transit District
 8 may never reimpose a previously excluded tax rate increase on
 9 tangible personal property titled or registered with an agency
10 of this State's government. After July 1, 2004, if the voters
11 have approved a referendum under this subsection to increase
12 the tax rate under this subsection, the Metro East Mass
13 Transit District Board of Trustees may adopt by a majority
14 vote an ordinance that excludes from the rate increase
15 tangible personal property that is titled or registered with
16 an agency of this State's government. The ordinance excluding
17 titled or registered tangible personal property from the rate
18 increase shall be adopted, and a certified copy of that
19 ordinance shall be filed with the Department on or before
20 October 1, whereupon the Department shall administer and
21 enforce this exclusion from the rate increase as of the
22 following January 1, or on or before April 1, whereupon the
23 Department shall administer and enforce this exclusion from
24 the rate increase as of the following July 1. The Board of
25 Trustees of any Metro East Mass Transit District may never
26 reimpose a previously excluded tax rate increase on tangible
    SB3019 Enrolled       - 926 - LRB104 20255 HLH 33706 b

1 personal property titled or registered with an agency of this

2 State's government.

3   (d-6) If the Board of Trustees of any Metro East Mass

4 Transit District has imposed a rate increase under subsection

5 (d-5) and filed an ordinance with the Department of Revenue

6 excluding titled property from the higher rate, then that

7 Board may, by ordinance adopted with the concurrence of

8 two-thirds of the then trustees, impose throughout the

9 District a fee. The fee on the excluded property shall not

10 exceed $20 per retail transaction or an amount equal to the

11 amount of tax excluded, whichever is less, on tangible

12 personal property that is titled or registered with an agency

13 of this State's government. Beginning July 1, 2004, the fee

14 shall apply only to titled property that is subject to either

15 the Metro East Mass Transit District Retailers' Occupation Tax

16 or the Metro East Mass Transit District Service Occupation

17 Tax. No fee shall be imposed or collected under this

18 subsection on the sale of a motor vehicle in this State to a

19 resident of another state if that motor vehicle will not be

20 titled in this State.

21  (d-7) Until June 30, 2004, if a fee has been imposed under

22 subsection (d-6), a fee shall also be imposed upon the

23 privilege of using, in the district, any item of tangible

24 personal property that is titled or registered with any agency

25 of this State's government, in an amount equal to the amount of

26 the fee imposed under subsection (d-6).
    SB3019 Enrolled   - 927 - LRB104 20255 HLH 33706 b

1   (d-7.1) Beginning July 1, 2004, any fee imposed by the

2 Board of Trustees of any Metro East Mass Transit District

3 under subsection (d-6) and all civil penalties that may be

4 assessed as an incident of the fees shall be collected and

5 enforced by the State Department of Revenue. Reference to

6 "taxes" in this Section shall be construed to apply to the

7 administration, payment, and remittance of all fees under this

8 Section. For purposes of any fee imposed under subsection

9 (d-6), 4% of the fee, penalty, and interest received by the

10 Department in the first 12 months that the fee is collected and

11 enforced by the Department and 2% of the fee, penalty, and

12 interest following the first 12 months (except the amount

13 collected on aviation fuel sold on or after December 1, 2019)

14 shall be deposited into the Tax Compliance and Administration

15 Fund and shall be used by the Department, subject to

16 appropriation, to cover the costs of the Department. No

17 retailers' discount shall apply to any fee imposed under

18 subsection (d-6).

19  (d-8) No item of titled property shall be subject to both

20 the higher rate approved by referendum, as authorized under

21 subsection (d-5), and any fee imposed under subsection (d-6)

22 or (d-7).

23  (d-9) (Blank).

24  (d-10) (Blank).

25  (e) A certificate of registration issued by the State

26 Department of Revenue to a retailer under the Retailers'
   SB3019 Enrolled  - 928 - LRB104 20255 HLH 33706 b

1 Occupation Tax Act or under the Service Occupation Tax Act

2 shall permit the registrant to engage in a business that is

3 taxed under the tax imposed under paragraphs (b), (c) or (d) of

4 this Section and no additional registration shall be required

5 under the tax. A certificate issued under the Use Tax Act or

6 the Service Use Tax Act shall be applicable with regard to any

7 tax imposed under paragraph (c) of this Section.

8  (f) (Blank).

9  (g) Any ordinance imposing or discontinuing any tax under

10 this Section shall be adopted and a certified copy thereof

11 filed with the Department on or before June 1, whereupon the

12 Department of Revenue shall proceed to administer and enforce

13 this Section on behalf of the Metro East Mass Transit District

14 as of September 1 next following such adoption and filing.

15 Beginning January 1, 1992, an ordinance or resolution imposing

16 or discontinuing the tax hereunder shall be adopted and a

17 certified copy thereof filed with the Department on or before

18 the first day of July, whereupon the Department shall proceed

19 to administer and enforce this Section as of the first day of

20 October next following such adoption and filing. Beginning

21 January 1, 1993, except as provided in subsection (d-5) of

22 this Section, an ordinance or resolution imposing or

23 discontinuing the tax hereunder shall be adopted and a

24 certified copy thereof filed with the Department on or before

25 the first day of October, whereupon the Department shall

26 proceed to administer and enforce this Section as of the first
    SB3019 Enrolled         - 929 - LRB104 20255 HLH 33706 b

1 day of January next following such adoption and filing, or,

2 beginning January 1, 2004, on or before the first day of April,

3 whereupon the Department shall proceed to administer and

4 enforce this Section as of the first day of July next following

5 the adoption and filing.

6   (h) Except as provided in subsection (d-7.1), the State

7 Department of Revenue shall, upon collecting any taxes as

8 provided in this Section, pay the taxes over to the State

9 Treasurer as trustee for the District. The taxes shall be held

10 in a trust fund outside the State treasury. If an

11 airport-related purpose has been certified, taxes and

12 penalties collected in St. Clair County on aviation fuel sold

13 on or after December 1, 2019 from the 0.50% of the 0.75% rate

14 shall be immediately paid over by the Department to the State

15 Treasurer, ex officio, as trustee, for deposit into the Local

16 Government Aviation Trust Fund. The Department shall only pay

17 moneys into the Local Government Aviation Trust Fund under

18 this Act for so long as the revenue use requirements of 49

19 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

20 District.

21  As soon as possible after the first day of each month,

22 beginning January 1, 2011, upon certification of the

23 Department of Revenue, the Comptroller shall order

24 transferred, and the Treasurer shall transfer, to the STAR

25 Bonds Revenue Fund the local sales tax increment, as defined

26 in the Innovation Development and Economy Act, collected under
    SB3019 Enrolled  - 930 - LRB104 20255 HLH 33706 b

1 this Section during the second preceding calendar month for

2 sales within a STAR bond district. The Department shall make

3 this certification only if the local mass transit district

4 imposes a tax on real property as provided in the definition of

5 "local sales taxes" under the Innovation Development and

6 Economy Act.

7   As soon as possible after the first day of each month,

8 beginning July 1, 2026, upon certification of the Department

9 of Revenue, the Comptroller shall order transferred, and the

10 Treasurer shall transfer, to the STAR Bonds Revenue Fund the

11 local sales tax increment, as defined in the Statewide

12 Innovation Development and Economy Act, collected under this

13 Section during the second preceding calendar month for sales

14 within a STAR bond district. The Department shall make this

15 certification only if the local mass transit district imposes

16 a tax on real property as provided in the definition of "local

17 sales taxes" under the Statewide Innovation Development and

18 Economy Act.

19  After the monthly transfers transfer to the STAR Bonds

20 Revenue Fund, on or before the 25th day of each calendar month,

21 the State Department of Revenue shall prepare and certify to

22 the Comptroller of the State of Illinois the amount to be paid

23 to the District, which shall be the amount (not including

24 credit memoranda and not including taxes and penalties

25 collected on aviation fuel sold on or after December 1, 2019

26 that are deposited into the Local Government Aviation Trust
    SB3019 Enrolled  - 931 - LRB104 20255 HLH 33706 b

 1 Fund) collected under this Section during the second preceding
 2 calendar month by the Department plus an amount the Department
 3 determines is necessary to offset any amounts that were
 4 erroneously paid to a different taxing body, and not including
 5 any amount equal to the amount of refunds made during the
 6 second preceding calendar month by the Department on behalf of
 7 the District, and not including any amount that the Department
 8 determines is necessary to offset any amounts that were
 9 payable to a different taxing body but were erroneously paid
10 to the District, and less any amounts that are transferred to
11 the STAR Bonds Revenue Fund, less 1.5% of the remainder, which
12 the Department shall transfer into the Tax Compliance and
13 Administration Fund. The Department, at the time of each
14 monthly disbursement to the District, shall prepare and
15 certify to the State Comptroller the amount to be transferred
16 into the Tax Compliance and Administration Fund under this
17 subsection. Within 10 days after receipt by the Comptroller of
18 the certification of the amount to be paid to the District and
19 the Tax Compliance and Administration Fund, the Comptroller
20 shall cause an order to be drawn for payment for the amount in
21 accordance with the direction in the certification.
22 (Source: P.A. 103-592, eff. 1-1-25; 104-6, eff. 1-1-26.)

23                   ARTICLE 110

24  Section 110-5. The Tobacco Products Tax Act of 1995 is
    SB3019 Enrolled     - 932 - LRB104 20255 HLH 33706 b

1 amended by changing Sections 10-5, 10-10, 10-25, 10-30, 10-35,
2 10-37, 10-38, 10-45, and 10-50 and by adding Section 10-24 as
3 follows:

4   (35 ILCS 143/10-5)

5   Sec. 10-5. Definitions. For purposes of this Act:

6   "Actual cost" means the actual price paid for each

7 individual SKU by a distributor or a remote retail seller

8 before any stated discounts or rebates.

9   "Actual cost list" means the average actual price paid for

10 a SKU by a distributor or a remote retail seller, before any

11 stated discounts or rebates, to a manufacturer, wholesaler, or

12 distributor during the calendar year immediately preceding the

13 calendar year in which the sale occurs.

14  "Alternative nicotine product" means a product that does

15 not consist of or contain tobacco and that provides for the

16 ingestion into the body of nicotine, whether by chewing,

17 smoking, absorbing, dissolving, snorting, or sniffing.

18 "Alternative nicotine product" does not include electronic

19 cigarettes, as defined in this Act, or any product that is

20 approved by the United States Food and Drug Administration for

21 sale as a tobacco cessation product, as a tobacco dependence

22 product, or for other medical purposes and that is being

23 marketed and sold solely for that approved purpose.

24  "Business" means any trade, occupation, activity, or

25 enterprise engaged in, at any location whatsoever, for the
    SB3019 Enrolled         - 933 - LRB104 20255 HLH 33706 b

1 purpose of selling tobacco products.

2   "Cigar" means any roll of tobacco wrapped in leaf tobacco

3 or in any substance containing tobacco. "Cigar" does not

4 include a little cigar or any roll of tobacco that is

5 classified as a cigarette within the meaning of Section 1 of

6 the Cigarette Tax Act.

7   "Cigarette" has the meaning ascribed to the term in

8 Section 1 of the Cigarette Tax Act.

9   "Contraband little cigar" means:

10  (1) packages of little cigars containing 20 or 25

11  little cigars that do not bear a required tax stamp under

12  this Act;

13  (2) packages of little cigars containing 20 or 25

14  little cigars that bear a fraudulent, imitation, or

15  counterfeit tax stamp;

16  (3) packages of little cigars containing 20 or 25

17  little cigars that are improperly tax stamped, including

18  packages of little cigars that bear only a tax stamp of

19  another state or taxing jurisdiction; or

20  (4) packages of little cigars containing other than 20

21  or 25 little cigars in the possession of a distributor,

22  retailer, or wholesaler, unless the distributor, retailer,

23  or wholesaler possesses, or produces within the time frame

24  provided in Section 10-27 or 10-28 of this Act, an invoice

25  from a stamping distributor, distributor, or wholesaler

26  showing that the tax on the packages has been or will be
    SB3019 Enrolled  - 934 - LRB104 20255 HLH 33706 b

1   paid.

2   "Consumer" means a person who acquires ownership of

3 tangible personal property, including tobacco products, for

4 use or consumption in this State and not for resale.

5   "Correctional Industries program" means a program run by a

6 State penal institution in which residents of the penal

7 institution produce tobacco products for sale to persons

8 incarcerated in penal institutions or resident patients of a

9 State-operated State operated mental health facility.

10  "Department" means the Illinois Department of Revenue.

11  "Distributor" means any of the following:

12  (1) Any manufacturer or wholesaler in this State

13  engaged in the business of selling tobacco products who

14  sells, exchanges, or distributes tobacco products to

15  retailers or consumers in this State.

16  (2) Any manufacturer or wholesaler engaged in the

17  business of selling tobacco products from without this

18  State who sells, exchanges, distributes, ships, or

19  transports tobacco products to retailers or consumers

20  located in this State, so long as that manufacturer or

21  wholesaler has or maintains within this State, directly or

22  by subsidiary, an office, sales house, or other place of

23  business, or any agent or other representative operating

24  within this State under the authority of the person or

25  subsidiary, irrespective of whether the place of business

26  or agent or other representative is located here
    SB3019 Enrolled  - 935 - LRB104 20255 HLH 33706 b

1   permanently or temporarily.

2   (3) Any retailer who receives tobacco products on

3   which the tax has not been or will not be paid by another

4   distributor.

5   "Distributor" does not include any person, wherever

6 resident or located, who makes, manufactures, or fabricates

7 tobacco products as part of a Correctional Industries program

8 for sale to residents incarcerated in penal institutions or

9 resident patients of a State-operated State operated mental

10 health facility.

11  "Electronic cigarette" means:

12  (1) any device that employs a battery or other

13  mechanism to heat a solution or substance to produce a

14  vapor or aerosol intended for inhalation, except for (A)

15  any device designed solely for use with cannabis that

16  contains a statement on the retail packaging that the

17  device is designed solely for use with cannabis and not

18  for use with tobacco or (B) any device that contains a

19  solution or substance that contains cannabis subject to

20  tax under the Compassionate Use of Medical Cannabis

21  Program Act or the Cannabis Regulation and Tax Act;

22  (2) any cartridge or container of a solution or

23  substance intended to be used with or in the device or to

24  refill the device, except for any cartridge or container

25  of a solution or substance that contains cannabis subject

26  to tax under the Compassionate Use of Medical Cannabis
    SB3019 Enrolled  - 936 - LRB104 20255 HLH 33706 b

1   Program Act or the Cannabis Regulation and Tax Act; or

2   (3) any solution or substance, whether or not it

3   contains nicotine, intended for use in the device, except

4   for any solution or substance that contains cannabis

5   subject to tax under the Compassionate Use of Medical

6   Cannabis Program Act or the Cannabis Regulation and Tax

7   Act.

8   The changes made to the definition of "electronic

9 cigarette" by this amendatory Act of the 102nd General

10 Assembly apply on and after June 28, 2019, but no claim for

11 credit or refund is allowed on or after the effective date of

12 this amendatory Act of the 102nd General Assembly for such

13 taxes paid during the period beginning June 28, 2019 and the

14 effective date of this amendatory Act of the 102nd General

15 Assembly.

16  "Electronic cigarette" includes, but is not limited to,

17 any electronic nicotine delivery system, electronic cigar,

18 electronic cigarillo, electronic pipe, electronic hookah, vape

19 pen, or similar product or device, and any component or part

20 that can be used to build the product or device. "Electronic

21 cigarette" does not include: cigarettes, as defined in Section

22 1 of the Cigarette Tax Act; any product approved by the United

23 States Food and Drug Administration for sale as a tobacco

24 cessation product, a tobacco dependence product, or for other

25 medical purposes that is marketed and sold solely for that

26 approved purpose; any asthma inhaler prescribed by a physician
    SB3019 Enrolled    - 937 - LRB104 20255 HLH 33706 b

1 for that condition that is marketed and sold solely for that

2 approved purpose; or any therapeutic product approved for use

3 under the Compassionate Use of Medical Cannabis Program Act.

4   "Little cigar" means and includes any roll, made wholly or

5 in part of tobacco, where such roll has an integrated

6 cellulose acetate filter and weighs less than 4 pounds per

7 thousand and the wrapper or cover of which is made in whole or

8 in part of tobacco.

9   "Manufacturer" means any person, wherever resident or

10 located, who manufactures and sells tobacco products, except a

11 person who makes, manufactures, or fabricates tobacco products

12 as a part of a Correctional Industries program for sale to

13 persons incarcerated in penal institutions or resident

14 patients of a State-operated State operated mental health

15 facility.

16  Beginning on January 1, 2013, "moist snuff" means any

17 finely cut, ground, or powdered tobacco that is not intended

18 to be smoked, but shall not include any finely cut, ground, or

19 powdered tobacco that is intended to be placed in the nasal

20 cavity.

21  "Nicotine" means any form of the chemical nicotine,

22 including any salt or complex, regardless of whether the

23 chemical is naturally or synthetically derived, and includes

24 nicotinic alkaloids and nicotine analogs.

25  "Person" means any natural individual, firm, partnership,

26 association, joint stock company, joint venture, limited
    SB3019 Enrolled     - 938 - LRB104 20255 HLH 33706 b

1 liability company, or public or private corporation, however

2 formed, or a receiver, executor, administrator, trustee,

3 conservator, or other representative appointed by order of any

4 court.

5   "Pipe tobacco" means any tobacco that, because of its

6 appearance, type, packaging, or labeling, is suitable for use

7 in a pipe and is likely to be offered to or purchased by a

8 consumer as tobacco to be smoked in a pipe.

9   "Place of business" means and includes any place where

10 tobacco products are sold or where tobacco products are

11 manufactured, stored, or kept for the purpose of sale or

12 consumption, including any vessel, vehicle, airplane, train,

13 or vending machine.

14  "Prior continuous compliance taxpayer" means any person

15 who is licensed under this Act and who, having been a licensee

16 for a continuous period of 2 years, is determined by the

17 Department not to have been either delinquent or deficient in

18 the payment of tax liability during that period or otherwise

19 in violation of this Act. "Prior continuous compliance

20 taxpayer" also means any taxpayer who has, as verified by the

21 Department, continuously complied with the condition of his

22 bond or other security under provisions of this Act for a

23 period of 2 consecutive years. In calculating the consecutive

24 period of time described in this definition for qualification

25 as a prior continuous compliance taxpayer, a consecutive

26 period of time of qualifying compliance immediately prior to
    SB3019 Enrolled    - 939 - LRB104 20255 HLH 33706 b

1 the effective date of this amendatory Act of the 103rd General

2 Assembly shall be credited to any licensee who became licensed

3 on or before the effective date of this amendatory Act of the

4 103rd General Assembly. A distributor that is a prior

5 continuous compliance taxpayer and becomes a successor to a

6 distributor as the result of an acquisition, merger, or

7 consolidation of that distributor shall be deemed to be a

8 prior continuous compliance taxpayer with respect to the

9 acquired, merged, or consolidated entity.

10  "Remote retail sale" means a sale by a remote retail

11 seller of cigars, pipe tobacco, or alternative nicotine

12 products to a consumer in this State when:

13  (1) the buyer submits the order for the sale by means

14  of a telephone or other method of voice transmission, by

15  first-class mail, or by using the Internet or other online

16  service, or if the seller is otherwise not in the physical

17  presence of the buyer when the request for purchase or

18  order is made; or

19  (2) the cigars, pipe tobacco, or alternative nicotine

20  products are delivered to the buyer by common carrier,

21  private delivery service, or other method of remote

22  delivery, or the seller is not in the physical presence of

23  the buyer when the buyer obtains possession of the cigars,

24  pipe tobacco, or alternative nicotine products.

25  "Remote retail seller" means a person located outside of

26 this State who makes remote retail sales of cigars, pipe
    SB3019 Enrolled           - 940 - LRB104 20255 HLH 33706 b

1 tobacco, or alternative nicotine products, so long as that

2 person does not maintain within this State, directly or by a

3 subsidiary, an office, distribution house, sales house,

4 warehouse, or other place of business, or any agent or other

5 representative operating within this State under the authority

6 of the person or its subsidiary, irrespective of whether the

7 place of business or the agent is located here permanently or

8 temporarily or whether the person or subsidiary is licensed to

9 do business in this State.

10  "Retailer" means any person in this State engaged in the

11 business of selling tobacco products to consumers in this

12 State, regardless of quantity or number of sales.

13  "Sale" means any transfer, exchange, or barter in any

14 manner or by any means whatsoever for a consideration and

15 includes all sales made by persons.

16  "Stamp" or "stamps" mean the indicia required to be

17 affixed on a package of little cigars that evidence payment of

18 the tax on packages of little cigars containing 20 or 25 little

19 cigars under Section 10-10 of this Act. These stamps shall be

20 the same stamps used for cigarettes under the Cigarette Tax

21 Act.

22  "Stamping distributor" means a distributor licensed under

23 this Act and also licensed as a distributor under the

24 Cigarette Tax Act or Cigarette Use Tax Act.

25  "Stock-keeping unit" or "SKU" means the unique identifier

26 assigned by a manufacturer, distributor, or remote retail
    SB3019 Enrolled  - 941 - LRB104 20255 HLH 33706 b

1 seller to various tobacco products in order to track

2 inventory.

3   "Tobacco products" means any product that is made from or

4 derived from tobacco that is intended for human consumption or

5 is likely to be consumed, including but not limited to cigars,

6 including little cigars; cheroots; stogies; periques;

7 granulated, plug cut, crimp cut, ready rubbed, and other

8 smoking tobacco; snuff (including moist snuff) and snuff

9 flour; cavendish; plug and twist tobacco; fine-cut and other

10 chewing tobaccos; shorts; refuse scraps, clippings, cuttings,

11 and sweepings sweeping of tobacco; snus; shisha and tobacco

12 for use in waterpipes; and other kinds and forms of tobacco,

13 prepared in such manner as to be suitable for chewing or

14 smoking in a pipe or otherwise, or both for chewing and smoking

15 or for inhalation, absorption, or ingesting by any other

16 means; but does not include cigarettes as defined in Section 1

17 of the Cigarette Tax Act or tobacco purchased for the

18 manufacture of cigarettes by cigarette distributors and

19 manufacturers defined in the Cigarette Tax Act and persons who

20 make, manufacture, or fabricate cigarettes as a part of a

21 Correctional Industries program for sale to residents

22 incarcerated in penal institutions or resident patients of a

23 State-operated State operated mental health facility.

24  Beginning on July 1, 2019, "tobacco products" also

25 includes electronic cigarettes.

26  Beginning July 1, 2025, "tobacco products" also includes
    SB3019 Enrolled       - 942 - LRB104 20255 HLH 33706 b

1 any product that is made from or derived from tobacco, or that

2 contains nicotine whether natural or synthetic, that is

3 intended for human consumption or is likely to be consumed,

4 including but not limited to nicotine pouches, lozenges, and

5 gum; and other kinds and forms of nicotine prepared in such

6 manner as to be suitable for chewing or smoking in a pipe or

7 otherwise, or both for chewing and smoking or for inhalation,

8 absorption, or ingesting by any other means.

9   "Tobacco products" does not include any product that has

10 been approved by the United States Food and Drug

11 Administration for sale as a tobacco or smoking cessation

12 product, a nicotine replacement therapy product, or for other

13 medical purposes where that product is marketed and sold

14 solely for such approved use, including but not limited to

15 spray or inhaler prescribed by a physician, chewing gum, skin

16 patches, or lozenges.

17  "Wholesale price" means the established list price for

18 which a manufacturer sells tobacco products to a distributor,

19 before the allowance of any discount, trade allowance, rebate,

20 or other reduction. In the absence of such an established list

21 price, the manufacturer's invoice price at which the

22 manufacturer sells the tobacco product to unaffiliated

23 distributors, before any discounts, trade allowances, rebates,

24 or other reductions, shall be presumed to be the wholesale

25 price.

26  "Wholesaler" means any person, wherever resident or
    SB3019 Enrolled      - 943 - LRB104 20255 HLH 33706 b

1 located, engaged in the business of selling tobacco products
2 to others for the purpose of resale. "Wholesaler", when used
3 in this Act, does not include a person licensed as a
4 distributor under Section 10-20 of this Act unless expressly
5 stated in this Act.
6 (Source: P.A. 103-1001, eff. 8-9-24; 104-6, eff. 7-1-25.)

7   (35 ILCS 143/10-10)

8   Sec. 10-10. Tax imposed.

9   (a) Except as otherwise provided in this Section with

10 respect to little cigars, on the first day of the third month

11 after the month in which this Act becomes law, a tax is imposed

12 on any person engaged in business as a distributor of tobacco

13 products, as defined in Section 10-5, at the rate of:

14  (1) (i) 18% of the wholesale price of tobacco products

15  sold or otherwise disposed of to retailers or consumers

16  located in this State prior to July 1, 2012;

17  (2) (ii) 36% of the wholesale price of tobacco

18  products sold or otherwise disposed of to retailers or

19  consumers located in this State beginning on July 1, 2012

20  and through June 30, 2025; except that, beginning on

21  January 1, 2013 and through June 30, 2025, the tax on moist

22  snuff shall be imposed at a rate of $0.30 per ounce, and a

23  proportionate tax at the like rate on all fractional parts

24  of an ounce, sold or otherwise disposed of to retailers or

25  consumers located in this State; and except that,
    SB3019 Enrolled          - 944 - LRB104 20255 HLH 33706 b

1   beginning July 1, 2019 and through June 30, 2025, the tax

2   on electronic cigarettes shall be imposed at the rate of

3   15% of the wholesale price of electronic cigarettes sold

4   or otherwise disposed of to retailers or consumers located

5   in this State; and

6   (3) (iii) 45% of the wholesale price of tobacco

7   products, including moist snuff and electronic cigarettes,

8   sold or otherwise disposed of to retailers or consumers

9   located in this State on and after July 1, 2025 and through

10  December 31, 2026; and.

11  (4) beginning on January 1, 2027, 45% of:

12  (A) the actual cost paid by a distributor or

13  remote retail seller for the tobacco product sold or

14  otherwise disposed of to a retailer or consumer in the

15  State; or

16  (B) if documentation of the actual cost paid by a

17  distributor or remote retail seller is not available

18  due to matters beyond the distributor or remote retail

19  seller's control, the actual cost list paid by a

20  distributor or remote retail seller for the tobacco

21  product sold or otherwise disposed of to retailers or

22  consumers located in this State for which

23  documentation is not available.

24  The tax imposed under this subsection (a) is in addition

25 to all other occupation or privilege taxes imposed by the

26 State of Illinois, by any political subdivision thereof, or by
    SB3019 Enrolled  - 945 - LRB104 20255 HLH 33706 b

1 any municipal corporation. However, the tax is not imposed

2 upon any activity in that business in interstate commerce or

3 otherwise, to the extent to which that activity may not, under

4 the Constitution and Statutes of the United States, be made

5 the subject of taxation by this State, and except that,

6 beginning July 1, 2013, the tax on little cigars shall be

7 imposed at the same rate, and the proceeds shall be

8 distributed in the same manner, as the tax imposed on

9 cigarettes under the Cigarette Tax Act. The tax is also not

10 imposed on sales made to the United States or any entity

11 thereof.

12  If the Department determines that the actual cost list for

13 a tobacco product is not indicative of the actual cost paid for

14 the tobacco product, then the Department may determine the

15 distributor's or remote retail seller's tax liability for the

16 tobacco product based on the distributor's or remote retail

17 seller's books and records or from information on invoices

18 obtained from the distributor's or remote retail seller's

19 suppliers.

20  (a-5) Beginning January 1, 2027, the tax imposed under

21 subsection (a) is also imposed upon persons who are engaged in

22 business as remote retail sellers of cigars, pipe tobacco, or

23 alternative nicotine products and who make sales to Illinois

24 consumers on which the tax has not been paid by a distributor,

25 if the cumulative gross receipts of the remote retail seller

26 from sales of tangible personal property to consumers in this
   SB3019 Enrolled             - 946 - LRB104 20255 HLH 33706 b

1 State are $100,000 or more.

2  A remote retail seller that meets or exceeds the threshold

3 in this subsection shall be liable for taxes imposed by this

4 Act on all sales made by that remote retail seller of taxable

5 products under this Act to Illinois consumers on which the tax

6 has not been paid by a distributor.

7  The remote retail seller shall determine on a quarterly

8 basis, ending on the last day of March, June, September, and

9 December, whether it meets the threshold of this subsection

10 for the preceding 12-month period. If the remote retail seller

11 meets the threshold for a 12-month period, then the remote

12 retail seller is considered to be engaged in business as a

13 remote retail seller in this State and is required to collect

14 and remit the tax imposed under this Act and to file all

15 applicable returns for the next 12-month period. At the end of

16 that 12-month period, the remote retail seller shall determine

17 whether the remote retail seller met the threshold for the

18 preceding 12-month period. If the remote retail seller met the

19 threshold for the preceding 12-month period, the remote retail

20 seller is considered to be engaged in business as a remote

21 retail seller in this State and is required to collect and

22 remit the tax imposed under this Act and file returns for the

23 subsequent year. If, at the end of a one-year period, a remote

24 retail seller that was required to collect and remit the tax

25 imposed under this Act determines that the remote retail

26 seller did not meet the threshold during the preceding
    SB3019 Enrolled  - 947 - LRB104 20255 HLH 33706 b

1 12-month period, then the remote retail seller shall certify

2 to the Department, in the form and manner required by the

3 Department, that the remote retail seller did not meet the

4 threshold during the preceding 12-month period and shall

5 subsequently determine on a quarterly basis, ending on the

6 last day of March, June, September, and December, whether the

7 remote retail seller meets the threshold for the preceding

8 12-month period.

9   (b) Notwithstanding subsection (a) of this Section,

10 stamping distributors of packages of little cigars containing

11 20 or 25 little cigars sold or otherwise disposed of in this

12 State shall remit the tax by purchasing tax stamps from the

13 Department and affixing them to packages of little cigars in

14 the same manner as stamps are purchased and affixed to

15 cigarettes under the Cigarette Tax Act, unless the stamping

16 distributor sells or otherwise disposes of those packages of

17 little cigars to another stamping distributor. Only persons

18 meeting the definition of "stamping distributor" contained in

19 Section 10-5 of this Act may affix stamps to packages of little

20 cigars containing 20 or 25 little cigars. Stamping

21 distributors may not sell or dispose of little cigars at

22 retail to consumers or users at locations where stamping

23 distributors affix stamps to packages of little cigars

24 containing 20 or 25 little cigars.

25  (c) The impact of the tax levied by this Act is imposed

26 upon distributors engaged in the business of selling tobacco
    SB3019 Enrolled  - 948 - LRB104 20255 HLH 33706 b

1 products to retailers or consumers in this State. Beginning

2 January 1, 2027, the impact of the tax levied by this Act is

3 also imposed upon remote retail sellers that meet the

4 threshold in subsection (a-5) of this Section. A remote retail

5 seller shall pay the tax on all sales of cigars, pipe tobacco,

6 and alternative nicotine products to consumers in this State

7 on which the tax has not been paid by a distributor. Whenever a

8 stamping distributor brings or causes to be brought into this

9 State from without this State, or purchases from without or

10 within this State, any packages of little cigars containing 20

11 or 25 little cigars upon which there are no tax stamps affixed

12 as required by this Act, for purposes of resale or disposal in

13 this State to a person not a stamping distributor, then such

14 stamping distributor shall pay the tax to the Department and

15 add the amount of the tax to the price of such packages sold by

16 such stamping distributor. Payment of the tax shall be

17 evidenced by a stamp or stamps affixed to each package of

18 little cigars containing 20 or 25 little cigars.

19  Stamping distributors paying the tax to the Department on

20 packages of little cigars containing 20 or 25 little cigars

21 sold to other distributors, wholesalers or retailers shall add

22 the amount of the tax to the price of the packages of little

23 cigars containing 20 or 25 little cigars sold by such stamping

24 distributors.

25  (d) Beginning on January 1, 2013, the tax rate imposed per

26 ounce of moist snuff may not exceed 15% of the tax imposed upon
   SB3019 Enrolled  - 949 - LRB104 20255 HLH 33706 b

1 a package of 20 cigarettes pursuant to the Cigarette Tax Act.

2  (d-5) Notwithstanding any other provision of this Section,

3 beginning January 1, 2027 and continuing through December 31,

4 2029, the tax per cigar sold or otherwise disposed of shall not

5 exceed $0.75 per cigar. This subsection does not apply to

6 little cigars.

7  (e) All moneys received by the Department under this Act

8 from sales occurring prior to July 1, 2012 shall be paid into

9 the Long-Term Care Provider Fund of the State Treasury. Of the

10 moneys received by the Department from sales occurring on or

11 after July 1, 2012, except for moneys received from the tax

12 imposed on the sale of little cigars, 50% shall be paid into

13 the Long-Term Care Provider Fund and 50% shall be paid into the

14 Healthcare Provider Relief Fund. Beginning July 1, 2013, all

15 moneys received by the Department under this Act from the tax

16 imposed on little cigars shall be distributed as provided in

17 Section 2 of the Cigarette Tax Act. Of the moneys received by

18 the Department under this Act from sales occurring on or after

19 July 1, 2025, except for moneys received from the tax imposed

20 on the sale of little cigars, the first $5,000,000 collected

21 in each fiscal year shall be paid into the Tobacco Settlement

22 Recovery Fund for tobacco health initiatives at the Department

23 of Public Health, and the remainder of the moneys collected in

24 each fiscal year shall be paid as follows: 50% shall be paid

25 into the Long-Term Care Provider Fund; and 50% shall be paid

26 into the Healthcare Provider Relief Fund.
    SB3019 Enrolled          - 950 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 104-6, eff. 7-1-25.)

2   (35 ILCS 143/10-24 new)

3   Sec. 10-24. Remote retail seller's license. Beginning on

4 January 1, 2027, it is unlawful for any person who meets the

5 threshold established in subsection (a-5) of Section 10-10 to

6 engage in business as a remote retail seller within the

7 meaning of this Act without first having obtained a license to

8 do so from the Department. Application for that license shall

9 be made to the Department, by electronic means, in a form

10 prescribed by the Department. Each applicant for a license

11 shall furnish to the Department, in an electronic format

12 established by the Department, the following information:

13  (1) the name and address of the applicant;

14  (2) the address of the location at which the applicant

15  proposes to engage in business as a remote retail seller

16  outside this State; and

17  (3) such other additional information as the

18  Department may lawfully require by rule.

19  Beginning on January 1, 2027, in addition to obtaining a

20 license to engage in business as a remote retail seller in this

21 State, no remote retail seller who meets the threshold

22 established in subsection (a-5) of Section 10-10 may engage in

23 business as a remote retail seller within the meaning of this

24 Act without registering under the Retailers' Occupation Tax

25 Act pursuant to Section 2a of that Act.
    SB3019 Enrolled  - 951 - LRB104 20255 HLH 33706 b

1   A separate annual license shall be obtained for each place

2 of business at which a person who is required to procure a

3 remote retail seller's license under this Section proposes to

4 engage in business as a remote retail seller under this Act.

5 All licenses issued by the Department under this Section shall

6 be valid for a period not to exceed one year after issuance

7 unless sooner revoked, canceled, or suspended as provided in

8 this Act. All licenses must be renewed on an annual basis. An

9 application submitted by a remote retail seller shall include

10 an acknowledgement consenting to the jurisdiction of the

11 Department and the courts of this State concerning the

12 enforcement of this Act and any related laws, rules, and

13 regulations, including authorizing the Department of Revenue

14 to conduct inspections and audits for the purpose of ensuring

15 compliance with this Act and to issue penalties for violations

16 of this Act.

17  Each remote retail seller must perform age verification

18 through an independent, third-party age verification service

19 that compares information available from a commercially

20 available database, or aggregate of databases, that are

21 regularly used by government agencies and businesses for the

22 purpose of age and identity verification to the personal

23 information entered by the individual during the ordering

24 process that establishes that the individual is of age.

25  The following are ineligible to receive a remote retail

26 seller's license under this Act:
    SB3019 Enrolled     - 952 - LRB104 20255 HLH 33706 b

1   (1) a person who has been convicted of a felony under

2   any federal or State law for smuggling cigarettes or

3   tobacco products or tobacco tax evasion, if the

4   Department, after investigation and a hearing if requested

5   by the applicant, determines that such person has not been

6   sufficiently rehabilitated to warrant the public trust;

7   (2) a corporation, if any officer, manager or director

8   thereof, or any stockholder or stockholders owning in the

9   aggregate more than 5% of the stock of such corporation,

10  would not be eligible to receive a license under this Act

11  for any reason; or

12  (3) any person who is in default to the State of

13  Illinois for moneys due under this Act or any other tax Act

14  administered by the Department.

15  The Department, upon receipt of an application, in proper

16 form, from a person who is eligible to receive a remote retail

17 seller's license under this Act, shall issue to such applicant

18 a license in form as prescribed by the Department, which

19 license shall permit the applicant to which it is issued to

20 engage in business as a remote retail seller under this Act at

21 the place shown in the remote retail seller's application. No

22 license issued under this Section is transferable or

23 assignable. A person who obtains a license as a remote retail

24 seller who ceases to do business as specified in the license,

25 or who never commenced business, or whose license is suspended

26 or revoked, shall immediately surrender the license to the
    SB3019 Enrolled  - 953 - LRB104 20255 HLH 33706 b

1 Department.

2   The Department may, in its discretion, upon application,

3 authorize the payment of the tax imposed under Section 10-10

4 by any remote retail seller not otherwise subject to the tax

5 imposed under this Act who, to the satisfaction of the

6 Department, furnishes adequate security to ensure payment of

7 the tax. The remote retail seller shall be issued, without

8 charge, a license to remit the tax. When so authorized, it

9 shall be the duty of the remote retail seller to remit the tax

10 imposed upon the actual cost or actual cost list price of the

11 cigars, pipe tobacco, or alternative nicotine products sold or

12 otherwise disposed of to consumers located in this State, in

13 the same manner and subject to the same requirements as any

14 other remote retail seller required to be licensed under this

15 Act.

16  Any person aggrieved by any decision of the Department

17 under this Section may, within 30 days after notice of the

18 decision, protest and request a hearing. Upon receiving a

19 request for a hearing, the Department shall give notice to the

20 person requesting the hearing of the time and place fixed for

21 the hearing and shall hold a hearing in conformity with the

22 provisions of this Act and then issue its final administrative

23 decision in the matter to that person. In the absence of a

24 protest and request for a hearing within 30 days, the

25 Department's decision shall become final without any further

26 determination being made or notice given.
    SB3019 Enrolled      - 954 - LRB104 20255 HLH 33706 b

1   (35 ILCS 143/10-25)

2   Sec. 10-25. License actions.

3   (a) The Department may, after notice and a hearing,

4 revoke, cancel, or suspend the license of any distributor, or

5 retailer, or remote retail seller who violates any of the

6 provisions of this Act, fails to keep books and records as

7 required under this Act, fails to make books and records

8 available for inspection upon demand by a duly authorized

9 employee of the Department, or violates a rule or regulation

10 of the Department for the administration and enforcement of

11 this Act. The notice shall specify the alleged violation or

12 violations upon which the revocation, cancellation, or

13 suspension proceeding is based.

14  (a-5) The Department may, after notice and a hearing,

15 revoke, cancel, or suspend the license of a distributor or

16 remote retail seller that fails to properly register and remit

17 tax under the Retailers' Occupation Tax Act for all tobacco

18 products that are sold to consumers in this State.

19  (a-10) The Department may, after notice and a hearing,

20 revoke, cancel, or suspend the license of a distributor or

21 remote retail seller who is found in violation of any law,

22 rule, or regulation of the state where the business is located

23 as listed on the license issued by the Department. The notice

24 shall specify the alleged violation or violations upon which

25 the revocation, cancellation, or suspension proceeding is
    SB3019 Enrolled  - 955 - LRB104 20255 HLH 33706 b

1 based.

2   (b) The Department may revoke, cancel, or suspend the

3 license of any distributor or remote retail seller for a

4 violation of the Tobacco Products Manufacturers' Escrow

5 Enforcement Act of 2003 as provided in Section 30 of that Act.

6   (c) If the retailer or remote retail seller has a training

7 program that facilitates compliance with minimum-age tobacco

8 laws, the Department shall suspend for 3 days the license of

9 that retailer or remote retail seller for a fourth or

10 subsequent violation of the Prevention of Tobacco Use by

11 Persons under 21 Years of Age and Sale and Distribution of

12 Tobacco Products Act, as provided in subsection (a) of Section

13 2 of that Act. For the purposes of this Section, any violation

14 of subsection (a) of Section 2 of the Prevention of Tobacco Use

15 by Persons under 21 Years of Age and Sale and Distribution of

16 Tobacco Products Act occurring at the retailer's or remote

17 retail seller's licensed location, during a 24-month period,

18 shall be counted as a violation against the retailer or remote

19 retail seller.

20  If the retailer or remote retail seller does not have a

21 training program that facilitates compliance with minimum-age

22 tobacco laws, the Department shall suspend for 3 days the

23 license of that retailer or remote retail seller for a second

24 violation of the Prevention of Tobacco Use by Persons under 21

25 Years of Age and Sale and Distribution of Tobacco Products

26 Act, as provided in subsection (a-5) of Section 2 of that Act.
    SB3019 Enrolled        - 956 - LRB104 20255 HLH 33706 b

1   If the retailer or remote retail seller does not have a

2 training program that facilitates compliance with minimum-age

3 tobacco laws, the Department shall suspend for 7 days the

4 license of that retailer or remote retail seller for a third

5 violation of the Prevention of Tobacco Use by Persons under 21

6 Years of Age and Sale and Distribution of Tobacco Products

7 Act, as provided in subsection (a-5) of Section 2 of that Act.

8   If the retailer or remote retail seller does not have a

9 training program that facilitates compliance with minimum-age

10 tobacco laws, the Department shall suspend for 30 days the

11 license of a retailer or remote retail seller for a fourth or

12 subsequent violation of the Prevention of Tobacco Use by

13 Persons under 21 Years of Age and Sale and Distribution of

14 Tobacco Products Act, as provided in subsection (a-5) of

15 Section 2 of that Act.

16  A training program that facilitates compliance with

17 minimum-age tobacco laws must include at least the following

18 elements: (i) it must explain that only individuals displaying

19 valid identification demonstrating that they are 21 years of

20 age or older shall be eligible to purchase cigarettes or

21 tobacco products and (ii) it must explain where a clerk can

22 check identification for a date of birth. The training may be

23 conducted electronically. Each retailer or remote retail

24 seller that has a training program shall require each employee

25 who completes the training program to sign a form attesting

26 that the employee has received and completed tobacco training.
    SB3019 Enrolled          - 957 - LRB104 20255 HLH 33706 b

1 The form shall be kept in the employee's file and may be used

2 to provide proof of training.

3   (d) The Department may, by application to any circuit

4 court, obtain an injunction restraining any person who engages

5 in business as a distributor or remote retail seller of

6 tobacco products without a license (either because his or her

7 license has been revoked, canceled, or suspended or because of

8 a failure to obtain a license in the first instance) from

9 engaging in that business until that person, as if that person

10 were a new applicant for a license, complies with all of the

11 conditions, restrictions, and requirements of Section 10-20 or

12 10-24 of this Act and qualifies for and obtains a license.

13 Refusal or neglect to obey the order of the court may result in

14 punishment for contempt.

15 (Source: P.A. 104-6, eff. 6-16-25.)

16  (35 ILCS 143/10-30)

17  Sec. 10-30. Returns.

18  (a) Every distributor shall, on or before the 15th day of

19 each month, file a return with the Department covering the

20 preceding calendar month. Through June 30, 2025, the return

21 shall disclose the wholesale price for all tobacco products

22 other than moist snuff and the quantity in ounces of moist

23 snuff sold or otherwise disposed of and other information that

24 the Department may reasonably require. Beginning July 1, 2025

25 and through December 1, 2026, the return shall disclose the
    SB3019 Enrolled  - 958 - LRB104 20255 HLH 33706 b

1 wholesale price for all tobacco products, including moist

2 snuff, sold or otherwise disposed of and other information

3 that the Department may reasonably require. Beginning January

4 1, 2027, the return shall disclose the actual cost or actual

5 cost list price for all tobacco products, other than little

6 cigars, sold or otherwise disposed of and other information

7 that the Department may reasonably require. Information that

8 the Department may reasonably require includes information

9 related to the uniform regulation and taxation of tobacco

10 products.

11  (a-5) Beginning February 1, 2027, every remote retail

12 seller shall, on or before the 15th day of each month, file a

13 return with the Department covering the preceding calendar

14 month. The remote retail seller's return must report all

15 cigars, pipe tobacco, or alternative nicotine products brought

16 in or caused to be brought in from outside the State or shipped

17 or transported to consumers within the State during the

18 preceding calendar month. The return must include further

19 information as the Department may prescribe and must show the

20 total actual cost or actual cost list price paid by a remote

21 retail seller for a tobacco product for the previous calendar

22 month. The return must show the amount of tax due for all

23 remote retail sales made from outside the State, to a consumer

24 within the State during the preceding calendar month. It is

25 the intent and purpose of this amendatory Act of the 104th

26 General Assembly that the remote retail seller remit the tax
    SB3019 Enrolled            - 959 - LRB104 20255 HLH 33706 b

1 at the time the return is filed. It is further the intent and

2 purpose of this amendatory Act of the 104th General Assembly

3 to impose the tax under this Act only once on all tobacco

4 products sold in the State.

5   (b) In addition to the information required under

6 subsection (a), on or before the 15th day of each month,

7 covering the preceding calendar month, each stamping

8 distributor shall report the quantity of little cigars sold or

9 otherwise disposed of, including the number of packages of

10 little cigars sold or disposed of during the month containing

11 20 or 25 little cigars.

12  (c) At the time when any return of any distributor is due

13 to be filed with the Department, the distributor shall also

14 remit to the Department the tax liability that the distributor

15 has incurred for transactions occurring in the preceding

16 calendar month.

17  (d) All returns and supporting schedules required to be

18 filed under this Section and all payments required to be made

19 under this Section shall be by electronic means in the form

20 prescribed by the Department.

21  (e) If any payment provided for in this Section exceeds

22 the distributor's liabilities under this Act, as shown on an

23 original return, the distributor may credit such excess

24 payment against liability subsequently to be remitted to the

25 Department under this Act, in accordance with reasonable rules

26 adopted by the Department.
   SB3019 Enrolled      - 960 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 103-592, eff. 1-1-25; 104-6, Article 10, Section
2 10-10, eff. 7-1-25; 104-6, Article 40, Section 40-30, eff.
3 1-1-26; revised 11-19-25.)

4  (35 ILCS 143/10-35)

5  Sec. 10-35. Record keeping.

6  (a) Every distributor, as defined in Section 10-5, shall

7 keep complete and accurate records of tobacco products held,

8 purchased, manufactured, brought in or caused to be brought in

9 from without the State, and tobacco products sold, or

10 otherwise disposed of, and shall preserve and keep all

11 invoices, bills of lading, sales records, and copies of bills

12 of sale, the wholesale price, and, beginning January 1, 2027,

13 the actual cost or actual cost list price for tobacco products

14 sold or otherwise disposed of, an inventory of tobacco

15 products prepared as of December 31 of each year or as of the

16 last day of the distributor's fiscal year if the distributor

17 he or she files federal income tax returns on the basis of a

18 fiscal year, and other pertinent papers and documents relating

19 to the manufacture, purchase, sale, or disposition of tobacco

20 products. Every sales invoice issued by a licensed distributor

21 to a retailer in this State shall contain the distributor's

22 Tobacco Products License number unless the distributor has

23 been granted a waiver by the Department in response to a

24 written request in cases where (i) the distributor sells

25 little cigars or other tobacco products only to licensed
    SB3019 Enrolled  - 961 - LRB104 20255 HLH 33706 b

1 retailers that are wholly-owned by the distributor or owned by

2 a wholly-owned subsidiary of the distributor; (ii) the

3 licensed retailer obtains little cigars or other tobacco

4 products only from the distributor requesting the waiver; and

5 (iii) the distributor affixes the tax stamps to the original

6 packages of little cigars or has or will pay the tax on the

7 other tobacco products sold to the licensed retailer. The

8 distributor shall file a written request with the Department,

9 and, if the Department determines that the distributor meets

10 the conditions for a waiver, the Department shall grant the

11 waiver.

12  (b) Every retailer, as defined in Section 10-5, whether or

13 not the retailer has obtained a retailer's license pursuant to

14 Section 4g, shall keep complete and accurate records of

15 tobacco products held, purchased, sold, or otherwise disposed

16 of, and shall preserve and keep all invoices, bills of lading,

17 sales records, and copies of bills of sale, returns and other

18 pertinent papers and documents relating to the purchase, sale,

19 or disposition of tobacco products. Such records need not be

20 maintained on the licensed premises, but must be maintained in

21 the State of Illinois; however, if access is available

22 electronically, the records may be maintained out of state.

23 However, all original invoices or copies thereof covering

24 purchases of tobacco products must be retained on the licensed

25 premises for a period of 90 days after such purchase, unless

26 the Department has granted a waiver in response to a written
    SB3019 Enrolled  - 962 - LRB104 20255 HLH 33706 b

1 request in cases where records are kept at a central business

2 location within the State of Illinois or in cases where

3 records that are available electronically are maintained out

4 of state. The Department shall adopt rules regarding the

5 eligibility for a waiver, revocation of a waiver, and

6 requirements and standards for maintenance and accessibility

7 of records located at a central location out-of-State pursuant

8 to a waiver provided under this Section.

9   (b-5) Every remote retail seller, as defined in Section

10 10-5 shall keep complete and accurate records of tobacco

11 products held, purchased, sold, or otherwise disposed of and

12 shall preserve and keep all invoices, bills of lading, sales

13 records, and copies of bills of sale, returns and other

14 pertinent papers and documents relating to the purchase, sale,

15 or disposition of tobacco products. Such records must be on

16 the remote retail seller's premises but need not be maintained

17 in the State of Illinois; however, remote retail sellers shall

18 also provide access electronically. However, all original

19 invoices or copies thereof covering purchases of tobacco

20 products must be retained on the remote retail seller's

21 premises until the expiration of the period with respect to

22 which the Department is authorized to issue a notice of tax

23 liability.

24  (c) Books, records, papers, and documents that are

25 required by this Act to be kept shall, at all times during the

26 usual business hours of the day, be subject to inspection by
   SB3019 Enrolled      - 963 - LRB104 20255 HLH 33706 b

1 the Department or its duly authorized agents and employees.
2 The books, records, papers, and documents for any period with
3 respect to which the Department is authorized to issue a
4 notice of tax liability shall be preserved until the
5 expiration of that period.
6 (Source: P.A. 99-192, eff. 1-1-16; 100-940, eff. 8-17-18.)

7  (35 ILCS 143/10-37)

8  Sec. 10-37. Proof of payment of tax imposed by this Act.

9 Every licensed distributor of tobacco products in this State

10 is required to show proof of the tax having been paid as

11 required by this Act by displaying its Tobacco Products

12 License number on every sales invoice issued to a retailer in

13 this State. Every licensed remote retail seller of tobacco

14 products in this State is required to show proof of the tax

15 having been paid as required by this Act by displaying its

16 Tobacco Products License number on every sales invoice issued

17 to a consumer in this State. No retailer shall possess tobacco

18 products without either a proper invoice indicating that the

19 tobacco products tax was paid by a distributor for the tobacco

20 products in the retailer's possession or other proof that the

21 tax was paid by the retailer if it has purchased tobacco

22 products on which tax has not been paid as required by this

23 Act. Failure to comply with the provisions of this paragraph

24 may be grounds for revocation of a distributor's, remote

25 retail seller's, or retailer's license in accordance with
   SB3019 Enrolled      - 964 - LRB104 20255 HLH 33706 b

1 Section 10-25 of this Act or Section 6 of the Cigarette Tax
2 Act. In addition, the Department may impose a civil penalty
3 not to exceed $1,000 for the first violation and $3,000 for
4 each subsequent violation, which shall be deposited into the
5 Tax Compliance and Administration Fund.
6 (Source: P.A. 100-940, eff. 8-17-18.)

7  (35 ILCS 143/10-38)

8  Sec. 10-38. Presumption for unlicensed distributors,

9 remote retail sellers, or persons. Whenever any person obtains

10 tobacco products from an unlicensed in-state or out-of-state

11 distributor, remote retail seller, or person, a prima facie

12 presumption shall arise that the tax imposed by this Act on

13 such tobacco products has not been paid in violation of this

14 Act. Invoices or other documents kept in the normal course of

15 business in the possession of a person reflecting purchases of

16 tobacco products from an unlicensed in-state or out-of-state

17 distributor, remote retail seller, or person or invoices or

18 other documents kept in the normal course of business obtained

19 by the Department from in-state or out-of-state distributors,

20 remote retail sellers, or persons, are sufficient to raise the

21 presumption that the tax imposed by this Act has not been paid.

22 If a presumption is raised, the Department may assess tax,

23 penalty, and interest on the tobacco products. In addition,

24 any person who violates this Section is liable to pay to the

25 Department, for deposit in the Tax Compliance and
    SB3019 Enrolled      - 965 - LRB104 20255 HLH 33706 b

1 Administration Fund, a penalty of $1,000 for the first
2 violation and $3,000 for any subsequent violation. The
3 Department may adopt rules to administer the penalties under
4 this Section.
5 (Source: P.A. 100-940, eff. 8-17-18.)

6   (35 ILCS 143/10-45)

7   Sec. 10-45. Incorporation by reference. All of the

8 provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,

9 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the

10 Retailers' Occupation Tax Act, and all applicable provisions

11 of the Uniform Penalty and Interest Act that are not

12 inconsistent with this Act, apply to distributors and remote

13 retail sellers of tobacco products to the same extent as if

14 those provisions were included in this Act. References in the

15 incorporated Sections of the Retailers' Occupation Tax Act to

16 retailers, to sellers, or to persons engaged in the business

17 of selling tangible personal property mean distributors or

18 remote retail sellers when used in this Act. References in the

19 incorporated Sections to sales of tangible personal property

20 mean sales of tobacco products when used in this Act.

21  All of the provisions of Sections 7, 8, 8a, 16, 18a, 18b,

22 18c, 22, 23, 24, 26, 27, and 28a of the Cigarette Tax Act which

23 are not inconsistent with this Act shall apply, as far as

24 practicable, to the subject matter of this Act to the same

25 extent as if those provisions were included in this Act.
    SB3019 Enrolled             - 966 - LRB104 20255 HLH 33706 b

1 References in the incorporated Sections to sales of cigarettes
2 mean sales of little cigars in packages of 20 or 25 little
3 cigars.
4 (Source: P.A. 98-273, eff. 8-9-13.)

5   (35 ILCS 143/10-50)

6   Sec. 10-50. Violations and penalties. When the amount due

7 is under $300, any distributor or remote retail seller who

8 fails to file a return, willfully fails or refuses to make any

9 payment to the Department of the tax imposed by this Act, or

10 files a fraudulent return, or any officer or agent of a

11 corporation engaged in the business of distributing or

12 engaging in remote retail sales of tobacco products to

13 retailers or and consumers located in this State who signs a

14 fraudulent return filed on behalf of the corporation, or any

15 accountant or other agent who knowingly enters false

16 information on the return of any taxpayer under this Act is

17 guilty of a Class 4 felony.

18  Any person who violates any provision of Section 10-20,

19 10-21, or 10-22, or 10-24 of this Act, fails to keep books and

20 records as required under this Act, or willfully violates a

21 rule or regulation of the Department for the administration

22 and enforcement of this Act is guilty of a Class 4 felony. A

23 person commits a separate offense on each day that he or she

24 engages in business in violation of Section 10-20, 10-21, or

25 10-22, or 10-24 of this Act. If a person fails to produce the
    SB3019 Enrolled    - 967 - LRB104 20255 HLH 33706 b

1 books and records for inspection by the Department upon

2 request, a prima facie presumption shall arise that the person

3 has failed to keep books and records as required under this

4 Act. A person who is unable to rebut this presumption is in

5 violation of this Act and is subject to the penalties provided

6 in this Section.

7   When the amount due is under $300, any person who accepts

8 money that is due to the Department under this Act from a

9 taxpayer for the purpose of acting as the taxpayer's agent to

10 make the payment to the Department, but who fails to remit the

11 payment to the Department when due, is guilty of a Class 4

12 felony.

13  Any person who violates any provision of Sections 10-20,

14 10-21 and 10-22 of this Act, fails to keep books and records as

15 required under this Act, or willfully violates a rule or

16 regulation of the Department for the administration and

17 enforcement of this Act is guilty of a business offense and may

18 be fined up to $5,000. If a person fails to produce books and

19 records for inspection by the Department upon request, a prima

20 facie presumption shall arise that the person has failed to

21 keep books and records as required under this Act. A person who

22 is unable to rebut this presumption is in violation of this Act

23 and is subject to the penalties provided in this Section. A

24 person commits a separate offense on each day that he or she

25 engages in business in violation of Sections 10-20, 10-21 and

26 10-22 of this Act.
    SB3019 Enrolled  - 968 - LRB104 20255 HLH 33706 b

1   When the amount due is $300 or more, any distributor or

2 remote retail seller who files, or causes to be filed, a

3 fraudulent return, or any officer or agent of a corporation

4 engaged in the business of distributing or engaging in remote

5 retail sales of tobacco products to retailers or and consumers

6 located in this State who files or causes to be filed or signs

7 or causes to be signed a fraudulent return filed on behalf of

8 the corporation, or any accountant or other agent who

9 knowingly enters false information on the return of any

10 taxpayer under this Act is guilty of a Class 3 felony.

11  When the amount due is $300 or more, any person engaged in

12 the business of distributing or engaging in remote retail

13 sales of tobacco products to retailers or and consumers

14 located in this State who fails to file a return, willfully

15 fails or refuses to make any payment to the Department of the

16 tax imposed by this Act, or accepts money that is due to the

17 Department under this Act from a taxpayer for the purpose of

18 acting as the taxpayer's agent to make payment to the

19 Department but fails to remit such payment to the Department

20 when due is guilty of a Class 3 felony.

21  When the amount due is under $300, any retailer who fails

22 to file a return, willfully fails or refuses to make any

23 payment to the Department of the tax imposed by this Act, or

24 files a fraudulent return, or any officer or agent of a

25 corporation engaged in the retail business of selling tobacco

26 products to purchasers of tobacco products for use and
    SB3019 Enrolled    - 969 - LRB104 20255 HLH 33706 b

1 consumption located in this State who signs a fraudulent

2 return filed on behalf of the corporation, or any accountant

3 or other agent who knowingly enters false information on the

4 return of any taxpayer under this Act is guilty of a Class A

5 misdemeanor for a first offense and a Class 4 felony for each

6 subsequent offense.

7   When the amount due is $300 or more, any retailer who fails

8 to file a return, willfully fails or refuses to make any

9 payment to the Department of the tax imposed by this Act, or

10 files a fraudulent return, or any officer or agent of a

11 corporation engaged in the retail business of selling tobacco

12 products to purchasers of tobacco products for use and

13 consumption located in this State who signs a fraudulent

14 return filed on behalf of the corporation, or any accountant

15 or other agent who knowingly enters false information on the

16 return of any taxpayer under this Act is guilty of a Class 4

17 felony.

18  Any person whose principal place of business is in this

19 State and who is charged with a violation under this Section

20 shall be tried in the county where his or her principal place

21 of business is located unless he or she asserts a right to be

22 tried in another venue. If the taxpayer does not have his or

23 her principal place of business in this State, however, the

24 hearing must be held in Sangamon County unless the taxpayer

25 asserts a right to be tried in another venue.

26  Any taxpayer or agent of a taxpayer who with the intent to
    SB3019 Enrolled            - 970 - LRB104 20255 HLH 33706 b

1 defraud purports to make a payment due to the Department by

2 issuing or delivering a check or other order upon a real or

3 fictitious depository for the payment of money, knowing that

4 it will not be paid by the depository, is guilty of a deceptive

5 practice in violation of Section 17-1 of the Criminal Code of

6 2012.

7   A prosecution for a violation described in this Section

8 may be commenced within 3 years after the commission of the act

9 constituting the violation.

10 (Source: P.A. 100-201, eff. 8-18-17; 100-940, eff. 8-17-18.)

11                    ARTICLE 115

12  Section 115-5. The Liquor Control Act of 1934 is amended

13 by changing Section 8-1 as follows:

14  (235 ILCS 5/8-1)

15  Sec. 8-1. A tax is imposed upon the privilege of engaging

16 in business as a manufacturer or as an importing distributor

17 of alcoholic liquor, other than beer, at the rate of $0.185 per

18 gallon until September 1, 2009 and $0.231 per gallon beginning

19 September 1, 2009 for cider containing not less than 0.5%

20 alcohol by volume nor more than 7% alcohol by volume, $0.73 per

21 gallon until September 1, 2009 and $1.39 per gallon beginning

22 September 1, 2009 for alcoholic liquor containing not more

23 than 20% alcohol by volume wine other than cider containing
    SB3019 Enrolled           - 971 - LRB104 20255 HLH 33706 b

1 less than 7% alcohol by volume, and $4.50 per gallon until

2 September 1, 2009 and $8.55 per gallon beginning September 1,

3 2009 on alcoholic liquor containing more than 20% alcohol by

4 volume alcohol and spirits manufactured and sold or used by

5 such manufacturer, or as agent for any other person, or sold or

6 used by such importing distributor, or as agent for any other

7 person. A tax is imposed upon the privilege of engaging in

8 business as a manufacturer of beer or as an importing

9 distributor of beer at the rate of $0.185 per gallon until

10 September 1, 2009 and $0.231 per gallon beginning September 1,

11 2009 on all beer, regardless of alcohol by volume,

12 manufactured and sold or used by such manufacturer, or as

13 agent for any other person, or sold or used by such importing

14 distributor, or as agent for any other person. Any brewer

15 manufacturing beer in this State shall be entitled to and

16 given a credit or refund of 75% of the tax imposed on each

17 gallon of beer up to 4.9 million gallons per year in any given

18 calendar year for tax paid or payable on beer produced and sold

19 in the State of Illinois.

20  For purposes of this Section, "beer" means beer, ale,

21 porter, stout, and other similar fermented beverages of any

22 name or description containing one-half of one percent or more

23 of alcohol by volume, brewed or produced from malt, wholly or

24 in part, or from any substitute for malt.

25  For the purpose of this Section, "cider" means any

26 alcoholic beverage obtained by the alcohol fermentation of the
    SB3019 Enrolled  - 972 - LRB104 20255 HLH 33706 b

1 juice of apples or pears including, but not limited to,

2 flavored, sparkling, or carbonated cider.

3   The credit or refund created by this Act shall apply to all

4 beer taxes in the calendar years 1982 through 1986.

5   The increases made by this amendatory Act of the 91st

6 General Assembly in the rates of taxes imposed under this

7 Section shall apply beginning on July 1, 1999.

8   A tax at the rate of 1¢ per gallon on beer and 48¢ per

9 gallon on alcohol and spirits is also imposed upon the

10 privilege of engaging in business as a retailer or as a

11 distributor who is not also an importing distributor with

12 respect to all beer and all alcohol and spirits owned or

13 possessed by such retailer or distributor when this amendatory

14 Act of 1969 becomes effective, and with respect to which the

15 additional tax imposed by this amendatory Act upon

16 manufacturers and importing distributors does not apply.

17 Retailers and distributors who are subject to the additional

18 tax imposed by this paragraph of this Section shall be

19 required to inventory such alcoholic liquor and to pay this

20 additional tax in a manner prescribed by the Department.

21  The provisions of this Section shall be construed to apply

22 to any importing distributor engaging in business in this

23 State, whether licensed or not.

24  However, such tax is not imposed upon any such business as

25 to any alcoholic liquor shipped outside Illinois by an

26 Illinois licensed manufacturer or importing distributor, nor
    SB3019 Enrolled    - 973 - LRB104 20255 HLH 33706 b

1 as to any alcoholic liquor delivered in Illinois by an

2 Illinois licensed manufacturer or importing distributor to a

3 purchaser for immediate transportation by the purchaser to

4 another state into which the purchaser has a legal right,

5 under the laws of such state, to import such alcoholic liquor,

6 nor as to any alcoholic liquor other than beer sold by one

7 Illinois licensed manufacturer or importing distributor to

8 another Illinois licensed manufacturer or importing

9 distributor to the extent to which the sale of alcoholic

10 liquor other than beer by one Illinois licensed manufacturer

11 or importing distributor to another Illinois licensed

12 manufacturer or importing distributor is authorized by the

13 licensing provisions of this Act, nor to alcoholic liquor

14 whether manufactured in or imported into this State when sold

15 to a "non-beverage user" licensed by the State for use in the

16 manufacture of any of the following when they are unfit for

17 beverage purposes:

18  Patent and proprietary medicines and medicinal,

19 antiseptic, culinary and toilet preparations;

20  Flavoring extracts and syrups and food products;

21  Scientific, industrial and chemical products, excepting

22 denatured alcohol;

23  Or for scientific, chemical, experimental or mechanical

24 purposes;

25  Nor is the tax imposed upon the privilege of engaging in

26 any business in interstate commerce or otherwise, which
    SB3019 Enrolled  - 974 - LRB104 20255 HLH 33706 b

1 business may not, under the Constitution and Statutes of the

2 United States, be made the subject of taxation by this State.

3   The tax herein imposed shall be in addition to all other

4 occupation or privilege taxes imposed by the State of Illinois

5 or political subdivision thereof.

6   If any alcoholic liquor manufactured in or imported into

7 this State is sold to a licensed manufacturer or importing

8 distributor by a licensed manufacturer or importing

9 distributor to be used solely as an ingredient in the

10 manufacture of any beverage for human consumption, the tax

11 imposed upon such purchasing manufacturer or importing

12 distributor shall be reduced by the amount of the taxes which

13 have been paid by the selling manufacturer or importing

14 distributor under this Act as to such alcoholic liquor so used

15 to the Department of Revenue.

16  If any person received any alcoholic liquors from a

17 manufacturer or importing distributor, with respect to which

18 alcoholic liquors no tax is imposed under this Article, and

19 such alcoholic liquor shall thereafter be disposed of in such

20 manner or under such circumstances as may cause the same to

21 become the base for the tax imposed by this Article, such

22 person shall make the same reports and returns, pay the same

23 taxes and be subject to all other provisions of this Article

24 relating to manufacturers and importing distributors.

25  Nothing in this Article shall be construed to require the

26 payment to the Department of the taxes imposed by this Article
    SB3019 Enrolled        - 975 - LRB104 20255 HLH 33706 b

1 more than once with respect to any quantity of alcoholic

2 liquor sold or used within this State.

3   No tax is imposed by this Act on sales of alcoholic liquor

4 by Illinois licensed foreign importers to Illinois licensed

5 importing distributors.

6   Before July 1, 2025, all of the proceeds of the additional

7 tax imposed by Public Act 96-34 shall be deposited by the

8 Department into the Capital Projects Fund. The remainder of

9 the tax imposed by this Act shall be deposited by the

10 Department into the General Revenue Fund. On and after July 1,

11 2025, the proceeds from the tax imposed by this Act shall be

12 deposited as follows:

13  (1) 43% into the Capital Projects Fund; and

14  (2) 57% into the General Revenue Fund.

15  A manufacturer of beer that imports or transfers beer into

16 this State must comply with the provisions of this Section

17 with regard to the beer imported into this State.

18  The provisions of this Section 8-1 are severable under

19 Section 1.31 of the Statute on Statutes.

20 (Source: P.A. 104-6, eff. 6-16-25.)

21                         ARTICLE 120

22  Section 120-5. The Illinois Income Tax Act is amended by

23 changing Section 203 as follows:
    SB3019 Enrolled   - 976 - LRB104 20255 HLH 33706 b

1   (35 ILCS 5/203) (from Ch. 120, par. 2-203)

2   Sec. 203. Base income defined.

3   (a) Individuals.

4   (1) In general. In the case of an individual, base

5   income means an amount equal to the taxpayer's adjusted

6   gross income for the taxable year as modified by paragraph

7   (2).

8   (2) Modifications. The adjusted gross income referred

9   to in paragraph (1) shall be modified by adding thereto

10  the sum of the following amounts:

11        (A) An amount equal to all amounts paid or accrued

12  to the taxpayer as interest or dividends during the

13  taxable year to the extent excluded from gross income

14  in the computation of adjusted gross income, except

15  stock dividends of qualified public utilities

16  described in Section 305(e) of the Internal Revenue

17  Code;

18        (B) An amount equal to the amount of tax imposed by

19  this Act to the extent deducted from gross income in

20  the computation of adjusted gross income for the

21  taxable year;

22        (C) An amount equal to the amount received during

23  the taxable year as a recovery or refund of real

24  property taxes paid with respect to the taxpayer's

25  principal residence under the Revenue Act of 1939 and

26  for which a deduction was previously taken under
    SB3019 Enrolled  - 977 - LRB104 20255 HLH 33706 b

1   subparagraph (L) of this paragraph (2) prior to July

2   1, 1991, the retrospective application date of Article

3   4 of Public Act 87-17. In the case of multi-unit or

4   multi-use structures and farm dwellings, the taxes on

5   the taxpayer's principal residence shall be that

6   portion of the total taxes for the entire property

7   which is attributable to such principal residence;

8   (D) An amount equal to the amount of the capital

9   gain deduction allowable under the Internal Revenue

10  Code, to the extent deducted from gross income in the

11  computation of adjusted gross income;

12  (D-5) An amount, to the extent not included in

13  adjusted gross income, equal to the amount of money

14  withdrawn by the taxpayer in the taxable year from a

15  medical care savings account and the interest earned

16  on the account in the taxable year of a withdrawal

17  pursuant to subsection (b) of Section 20 of the

18  Medical Care Savings Account Act or subsection (b) of

19  Section 20 of the Medical Care Savings Account Act of

20  2000;

21  (D-10) For taxable years ending after December 31,

22  1997, an amount equal to any eligible remediation

23  costs that the individual deducted in computing

24  adjusted gross income and for which the individual

25  claims a credit under subsection (l) of Section 201;

26  (D-15) For taxable years 2001 through 2025, an
    SB3019 Enrolled  - 978 - LRB104 20255 HLH 33706 b

1   amount equal to the bonus depreciation deduction taken

2   on the taxpayer's federal income tax return for the

3   taxable year under subsection (k) of Section 168 of

4   the Internal Revenue Code; for taxable years 2026 and

5   thereafter, an amount equal to the bonus depreciation

6   deduction taken on the taxpayer's federal income tax

7   return for the taxable year under subsection (k) or

8   (n) of Section 168 of the Internal Revenue Code;

9   (D-16) If the taxpayer sells, transfers, abandons,

10  or otherwise disposes of property for which the

11  taxpayer was required in any taxable year to make an

12  addition modification under subparagraph (D-15), then

13  an amount equal to the aggregate amount of the

14  deductions taken in all taxable years under

15  subparagraph (Z) with respect to that property.

16  If the taxpayer continues to own property through

17  the last day of the last tax year for which a

18  subtraction is allowed with respect to that property

19  under subparagraph (Z) and for which the taxpayer was

20  allowed in any taxable year to make a subtraction

21  modification under subparagraph (Z), then an amount

22  equal to that subtraction modification.

23  The taxpayer is required to make the addition

24  modification under this subparagraph only once with

25  respect to any one piece of property;

26  (D-17) An amount equal to the amount otherwise
    SB3019 Enrolled  - 979 - LRB104 20255 HLH 33706 b

1   allowed as a deduction in computing base income for

2   interest paid, accrued, or incurred, directly or

3   indirectly, (i) for taxable years ending on or after

4   December 31, 2004, to a foreign person who would be a

5   member of the same unitary business group but for the

6   fact that foreign person's business activity outside

7   the United States is 80% or more of the foreign

8   person's total business activity and (ii) for taxable

9   years ending on or after December 31, 2008, to a person

10  who would be a member of the same unitary business

11  group but for the fact that the person is prohibited

12  under Section 1501(a)(27) from being included in the

13  unitary business group because he or she is ordinarily

14  required to apportion business income under different

15  subsections of Section 304. The addition modification

16  required by this subparagraph shall be reduced to the

17  extent that dividends were included in base income of

18  the unitary group for the same taxable year and

19  received by the taxpayer or by a member of the

20  taxpayer's unitary business group (including amounts

21  included in gross income under Sections 951 through

22  964 of the Internal Revenue Code and amounts included

23  in gross income under Section 78 of the Internal

24  Revenue Code) with respect to the stock of the same

25  person to whom the interest was paid, accrued, or

26  incurred. For taxable years ending on and after
    SB3019 Enrolled  - 980 - LRB104 20255 HLH 33706 b

1   December 31, 2025, for purposes of applying this

2   paragraph in the case of a taxpayer to which Section

3   163(j) of the Internal Revenue Code applies for the

4   taxable year, the reduction in the amount of interest

5   for which a deduction is allowed by reason of Section

6   163(j) shall be treated as allocable first to persons

7   who are not foreign persons referred to in this

8   paragraph and then to such foreign persons.

9   For taxable years ending before December 31, 2025,

10  this paragraph shall not apply to the following:

11                   (i) an item of interest paid, accrued, or

12  incurred, directly or indirectly, to a person who

13  is subject in a foreign country or state, other

14  than a state which requires mandatory unitary

15  reporting, to a tax on or measured by net income

16  with respect to such interest; or

17                   (ii) an item of interest paid, accrued, or

18  incurred, directly or indirectly, to a person if

19  the taxpayer can establish, based on a

20  preponderance of the evidence, both of the

21  following:

22                   (a) the person, during the same taxable

23                   year, paid, accrued, or incurred, the interest

24                   to a person that is not a related member, and

25                   (b) the transaction giving rise to the

26                   interest expense between the taxpayer and the
    SB3019 Enrolled             - 981 - LRB104 20255 HLH 33706 b

1                    person did not have as a principal purpose the

2                    avoidance of Illinois income tax, and is paid

3                    pursuant to a contract or agreement that

4                    reflects an arm's-length interest rate and

5                    terms; or

6                    (iii) the taxpayer can establish, based on

7   clear and convincing evidence, that the interest

8   paid, accrued, or incurred relates to a contract

9   or agreement entered into at arm's-length rates

10  and terms and the principal purpose for the

11  payment is not federal or Illinois tax avoidance;

12  or

13                   (iv) an item of interest paid, accrued, or

14  incurred, directly or indirectly, to a person if

15  the taxpayer establishes by clear and convincing

16  evidence that the adjustments are unreasonable; or

17  if the taxpayer and the Director agree in writing

18  to the application or use of an alternative method

19  of apportionment under Section 304(f).

20  For taxable years ending on or after December 31,

21  2025, this paragraph shall not apply to the following:

22                   (i) an item of interest paid, accrued, or

23  incurred, directly or indirectly, to a person if

24  the taxpayer can establish, based on a

25  preponderance of the evidence, both of the

26  following:
    SB3019 Enrolled             - 982 - LRB104 20255 HLH 33706 b

1                    (a) the person, during the same taxable

2                    year, paid, accrued, or incurred, the interest

3                    to a person that is not a related member, and

4                    (b) the transaction giving rise to the

5                    interest expense between the taxpayer and the

6                    person did not have as a principal purpose the

7                    avoidance of Illinois income tax and is paid

8                    pursuant to a contract or agreement that

9                    reflects an arm's-length interest rate and

10                   terms; or

11                   (ii) an item of interest paid, accrued, or

12  incurred, directly or indirectly, to a person if

13  the taxpayer establishes by clear and convincing

14  evidence that the adjustments are unreasonable; or

15  if the taxpayer and the Director agree in writing

16  to the application or use of an alternative method

17  of apportionment under Section 304(f).

18  Nothing in this subsection shall preclude the

19  Director from making any other adjustment otherwise

20  allowed under Section 404 of this Act for any tax year

21  beginning after the effective date of this amendment

22  provided such adjustment is made pursuant to

23  regulation adopted by the Department and such

24  regulations provide methods and standards by which the

25  Department will utilize its authority under Section

26  404 of this Act;
    SB3019 Enrolled  - 983 - LRB104 20255 HLH 33706 b

1   (D-18) An amount equal to the amount of intangible

2   expenses and costs otherwise allowed as a deduction in

3   computing base income, and that were paid, accrued, or

4   incurred, directly or indirectly, (i) for taxable

5   years ending on or after December 31, 2004, to a

6   foreign person who would be a member of the same

7   unitary business group but for the fact that the

8   foreign person's business activity outside the United

9   States is 80% or more of that person's total business

10  activity and (ii) for taxable years ending on or after

11  December 31, 2008, to a person who would be a member of

12  the same unitary business group but for the fact that

13  the person is prohibited under Section 1501(a)(27)

14  from being included in the unitary business group

15  because he or she is ordinarily required to apportion

16  business income under different subsections of Section

17  304. The addition modification required by this

18  subparagraph shall be reduced to the extent that

19  dividends were included in base income of the unitary

20  group for the same taxable year and received by the

21  taxpayer or by a member of the taxpayer's unitary

22  business group (including amounts included in gross

23  income under Sections 951 through 964 of the Internal

24  Revenue Code and amounts included in gross income

25  under Section 78 of the Internal Revenue Code) with

26  respect to the stock of the same person to whom the
    SB3019 Enrolled  - 984 - LRB104 20255 HLH 33706 b

1   intangible expenses and costs were directly or

2   indirectly paid, incurred, or accrued. The preceding

3   sentence does not apply to the extent that the same

4   dividends caused a reduction to the addition

5   modification required under Section 203(a)(2)(D-17) of

6   this Act. As used in this subparagraph, the term

7   "intangible expenses and costs" includes (1) expenses,

8   losses, and costs for, or related to, the direct or

9   indirect acquisition, use, maintenance or management,

10  ownership, sale, exchange, or any other disposition of

11  intangible property; (2) losses incurred, directly or

12  indirectly, from factoring transactions or discounting

13  transactions; (3) royalty, patent, technical, and

14  copyright fees; (4) licensing fees; and (5) other

15  similar expenses and costs. For purposes of this

16  subparagraph, "intangible property" includes patents,

17  patent applications, trade names, trademarks, service

18  marks, copyrights, mask works, trade secrets, and

19  similar types of intangible assets.

20  For taxable years ending before December 31, 2025,

21  this paragraph shall not apply to the following:

22                   (i) any item of intangible expenses or costs

23  paid, accrued, or incurred, directly or

24  indirectly, from a transaction with a person who

25  is subject in a foreign country or state, other

26  than a state which requires mandatory unitary
    SB3019 Enrolled      - 985 - LRB104 20255 HLH 33706 b

1   reporting, to a tax on or measured by net income

2   with respect to such item; or

3                    (ii) any item of intangible expense or cost

4   paid, accrued, or incurred, directly or

5   indirectly, if the taxpayer can establish, based

6   on a preponderance of the evidence, both of the

7   following:

8                        (a) the person during the same taxable

9                    year paid, accrued, or incurred, the

10                   intangible expense or cost to a person that is

11                   not a related member, and

12                       (b) the transaction giving rise to the

13                   intangible expense or cost between the

14                   taxpayer and the person did not have as a

15                   principal purpose the avoidance of Illinois

16                   income tax, and is paid pursuant to a contract

17                   or agreement that reflects arm's-length terms;

18                   or

19                   (iii) any item of intangible expense or cost

20  paid, accrued, or incurred, directly or

21  indirectly, from a transaction with a person if

22  the taxpayer establishes by clear and convincing

23  evidence, that the adjustments are unreasonable;

24  or if the taxpayer and the Director agree in

25  writing to the application or use of an

26  alternative method of apportionment under Section
    SB3019 Enrolled      - 986 - LRB104 20255 HLH 33706 b

1   304(f);

2   For taxable years ending on or after December 31,

3   2025, this paragraph shall not apply to the following:

4                    (i) any item of intangible expense or cost

5   paid, accrued, or incurred, directly or

6   indirectly, if the taxpayer can establish, based

7   on a preponderance of the evidence, both of the

8   following:

9                        (a) the person during the same taxable

10                   year paid, accrued, or incurred, the

11                   intangible expense or cost to a person that is

12                   not a related member, and

13                       (b) the transaction giving rise to the

14                   intangible expense or cost between the

15                   taxpayer and the person did not have as a

16                   principal purpose the avoidance of Illinois

17                   income tax, and is paid pursuant to a contract

18                   or agreement that reflects arm's-length terms;

19                   or

20                   (ii) any item of intangible expense or cost

21  paid, accrued, or incurred, directly or

22  indirectly, from a transaction with a person if

23  the taxpayer establishes by clear and convincing

24  evidence, that the adjustments are unreasonable;

25  or if the taxpayer and the Director agree in

26  writing to the application or use of an
    SB3019 Enrolled   - 987 - LRB104 20255 HLH 33706 b

1   alternative method of apportionment under Section

2   304(f).

3   Nothing in this subsection shall preclude the

4   Director from making any other adjustment otherwise

5   allowed under Section 404 of this Act for any tax year

6   beginning after the effective date of this amendment

7   provided such adjustment is made pursuant to

8   regulation adopted by the Department and such

9   regulations provide methods and standards by which the

10  Department will utilize its authority under Section

11  404 of this Act;

12  (D-19) For taxable years ending on or after

13  December 31, 2008, an amount equal to the amount of

14  insurance premium expenses and costs otherwise allowed

15  as a deduction in computing base income, and that were

16  paid, accrued, or incurred, directly or indirectly, to

17  a person who would be a member of the same unitary

18  business group but for the fact that the person is

19  prohibited under Section 1501(a)(27) from being

20  included in the unitary business group because he or

21  she is ordinarily required to apportion business

22  income under different subsections of Section 304. The

23  addition modification required by this subparagraph

24  shall be reduced to the extent that dividends were

25  included in base income of the unitary group for the

26  same taxable year and received by the taxpayer or by a
    SB3019 Enrolled  - 988 - LRB104 20255 HLH 33706 b

1   member of the taxpayer's unitary business group

2   (including amounts included in gross income under

3   Sections 951 through 964 of the Internal Revenue Code

4   and amounts included in gross income under Section 78

5   of the Internal Revenue Code) with respect to the

6   stock of the same person to whom the premiums and costs

7   were directly or indirectly paid, incurred, or

8   accrued. The preceding sentence does not apply to the

9   extent that the same dividends caused a reduction to

10  the addition modification required under Section

11  203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this

12  Act;

13  (D-20) For taxable years beginning on or after

14  January 1, 2002 and ending on or before December 31,

15  2006, in the case of a distribution from a qualified

16  tuition program under Section 529 of the Internal

17  Revenue Code, other than (i) a distribution from a

18  College Savings Pool created under Section 16.5 of the

19  State Treasurer Act or (ii) a distribution from the

20  Illinois Prepaid Tuition Trust Fund, an amount equal

21  to the amount excluded from gross income under Section

22  529(c)(3)(B). For taxable years beginning on or after

23  January 1, 2007, in the case of a distribution from a

24  qualified tuition program under Section 529 of the

25  Internal Revenue Code, other than (i) a distribution

26  from a College Savings Pool created under Section 16.5
    SB3019 Enrolled  - 989 - LRB104 20255 HLH 33706 b

1   of the State Treasurer Act, (ii) a distribution from

2   the Illinois Prepaid Tuition Trust Fund, or (iii) a

3   distribution from a qualified tuition program under

4   Section 529 of the Internal Revenue Code that (I)

5   adopts and determines that its offering materials

6   comply with the College Savings Plans Network's

7   disclosure principles and (II) has made reasonable

8   efforts to inform in-state residents of the existence

9   of in-state qualified tuition programs by informing

10  Illinois residents directly and, where applicable, to

11  inform financial intermediaries distributing the

12  program to inform in-state residents of the existence

13  of in-state qualified tuition programs at least

14  annually, an amount equal to the amount excluded from

15  gross income under Section 529(c)(3)(B).

16  For the purposes of this subparagraph (D-20), a

17  qualified tuition program has made reasonable efforts

18  if it makes disclosures (which may use the term

19  "in-state program" or "in-state plan" and need not

20  specifically refer to Illinois or its qualified

21  programs by name) (i) directly to prospective

22  participants in its offering materials or makes a

23  public disclosure, such as a website posting; and (ii)

24  where applicable, to intermediaries selling the

25  out-of-state program in the same manner that the

26  out-of-state program distributes its offering
    SB3019 Enrolled  - 990 - LRB104 20255 HLH 33706 b

1   materials;

2   (D-20.5) For taxable years beginning on or after

3   January 1, 2018, in the case of a distribution from a

4   qualified ABLE program under Section 529A of the

5   Internal Revenue Code, other than a distribution from

6   a qualified ABLE program created under Section 16.6 of

7   the State Treasurer Act, an amount equal to the amount

8   excluded from gross income under Section 529A(c)(1)(B)

9   of the Internal Revenue Code;

10  (D-21) For taxable years beginning on or after

11  January 1, 2007, in the case of transfer of moneys from

12  a qualified tuition program under Section 529 of the

13  Internal Revenue Code that is administered by the

14  State to an out-of-state program, an amount equal to

15  the amount of moneys previously deducted from base

16  income under subsection (a)(2)(Y) of this Section;

17  (D-21.5) For taxable years beginning on or after

18  January 1, 2018, in the case of the transfer of moneys

19  from a qualified tuition program under Section 529 or

20  a qualified ABLE program under Section 529A of the

21  Internal Revenue Code that is administered by this

22  State to an ABLE account established under an

23  out-of-state ABLE account program, an amount equal to

24  the contribution component of the transferred amount

25  that was previously deducted from base income under

26  subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
    SB3019 Enrolled  - 991 - LRB104 20255 HLH 33706 b

1   Section;

2   (D-22) For taxable years beginning on or after

3   January 1, 2009, and prior to January 1, 2018, in the

4   case of a nonqualified withdrawal or refund of moneys

5   from a qualified tuition program under Section 529 of

6   the Internal Revenue Code administered by the State

7   that is not used for qualified expenses at an eligible

8   education institution, an amount equal to the

9   contribution component of the nonqualified withdrawal

10  or refund that was previously deducted from base

11  income under subsection (a)(2)(y) of this Section,

12  provided that the withdrawal or refund did not result

13  from the beneficiary's death or disability. For

14  taxable years beginning on or after January 1, 2018:

15  (1) in the case of a nonqualified withdrawal or

16  refund, as defined under Section 16.5 of the State

17  Treasurer Act, of moneys from a qualified tuition

18  program under Section 529 of the Internal Revenue Code

19  administered by the State, an amount equal to the

20  contribution component of the nonqualified withdrawal

21  or refund that was previously deducted from base

22  income under subsection (a)(2)(Y) of this Section, and

23  (2) in the case of a nonqualified withdrawal or refund

24  from a qualified ABLE program under Section 529A of

25  the Internal Revenue Code administered by the State

26  that is not used for qualified disability expenses, an
    SB3019 Enrolled     - 992 - LRB104 20255 HLH 33706 b

1   amount equal to the contribution component of the

2   nonqualified withdrawal or refund that was previously

3   deducted from base income under subsection (a)(2)(HH)

4   of this Section;

5   (D-23) An amount equal to the credit allowable to

6   the taxpayer under Section 218(a) of this Act,

7   determined without regard to Section 218(c) of this

8   Act;

9   (D-24) For taxable years ending on or after

10  December 31, 2017, an amount equal to the deduction

11  allowed under Section 199 of the Internal Revenue Code

12  for the taxable year;

13  (D-25) In the case of a resident, an amount equal

14  to the amount of tax for which a credit is allowed

15  pursuant to Section 201(p)(7) of this Act;

16  (D-26) For taxable years ending on and after

17  December 31, 2026, an amount equal to the amount of

18  gain excluded from gross income under Section 1202 of

19  the Internal Revenue Code;

20  and by deducting from the total so obtained the sum of the

21  following amounts:

22  (E) For taxable years ending before December 31,

23  2001, any amount included in such total in respect of

24  any compensation (including but not limited to any

25  compensation paid or accrued to a serviceman while a

26  prisoner of war or missing in action) paid to a
    SB3019 Enrolled  - 993 - LRB104 20255 HLH 33706 b

1   resident by reason of being on active duty in the Armed

2   Forces of the United States and in respect of any

3   compensation paid or accrued to a resident who as a

4   governmental employee was a prisoner of war or missing

5   in action, and in respect of any compensation paid to a

6   resident in 1971 or thereafter for annual training

7   performed pursuant to Sections 502 and 503, Title 32,

8   United States Code as a member of the Illinois

9   National Guard or, beginning with taxable years ending

10  on or after December 31, 2007, the National Guard of

11  any other state. For taxable years ending on or after

12  December 31, 2001, any amount included in such total

13  in respect of any compensation (including but not

14  limited to any compensation paid or accrued to a

15  serviceman while a prisoner of war or missing in

16  action) paid to a resident by reason of being a member

17  of any component of the Armed Forces of the United

18  States and in respect of any compensation paid or

19  accrued to a resident who as a governmental employee

20  was a prisoner of war or missing in action, and in

21  respect of any compensation paid to a resident in 2001

22  or thereafter by reason of being a member of the

23  Illinois National Guard or, beginning with taxable

24  years ending on or after December 31, 2007, the

25  National Guard of any other state. The provisions of

26  this subparagraph (E) are exempt from the provisions
    SB3019 Enrolled  - 994 - LRB104 20255 HLH 33706 b

1   of Section 250;

2   (F) An amount equal to all amounts included in

3   such total pursuant to the provisions of Sections

4   402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and

5   408 of the Internal Revenue Code, or included in such

6   total as distributions under the provisions of any

7   retirement or disability plan for employees of any

8   governmental agency or unit, or retirement payments to

9   retired partners, which payments are excluded in

10  computing net earnings from self employment by Section

11  1402 of the Internal Revenue Code and regulations

12  adopted pursuant thereto;

13  (G) The valuation limitation amount;

14  (H) An amount equal to the amount of any tax

15  imposed by this Act which was refunded to the taxpayer

16  and included in such total for the taxable year;

17  (I) An amount equal to all amounts included in

18  such total pursuant to the provisions of Section 111

19  of the Internal Revenue Code as a recovery of items

20  previously deducted from adjusted gross income in the

21  computation of taxable income;

22  (J) An amount equal to those dividends included in

23  such total which were paid by a corporation which

24  conducts business operations in a River Edge

25  Redevelopment Zone or zones created under the River

26  Edge Redevelopment Zone Act, and conducts
    SB3019 Enrolled  - 995 - LRB104 20255 HLH 33706 b

1   substantially all of its operations in a River Edge

2   Redevelopment Zone or zones. This subparagraph (J) is

3   exempt from the provisions of Section 250;

4   (K) An amount equal to those dividends included in

5   such total that were paid by a corporation that

6   conducts business operations in a federally designated

7   Foreign Trade Zone or Sub-Zone and that is designated

8   a High Impact Business located in Illinois; provided

9   that dividends eligible for the deduction provided in

10  subparagraph (J) of paragraph (2) of this subsection

11  shall not be eligible for the deduction provided under

12  this subparagraph (K);

13  (L) For taxable years ending after December 31,

14  1983, an amount equal to all social security benefits

15  and railroad retirement benefits included in such

16  total pursuant to Sections 72(r) and 86 of the

17  Internal Revenue Code;

18  (M) With the exception of any amounts subtracted

19  under subparagraph (N), an amount equal to the sum of

20  all amounts disallowed as deductions by (i) Sections

21  171(a)(2) and 265(a)(2) of the Internal Revenue Code,

22  and all amounts of expenses allocable to interest and

23  disallowed as deductions by Section 265(a)(1) of the

24  Internal Revenue Code; and (ii) for taxable years

25  ending on or after August 13, 1999, Sections

26  171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
    SB3019 Enrolled  - 996 - LRB104 20255 HLH 33706 b

1   Internal Revenue Code, plus, for taxable years ending

2   on or after December 31, 2011, Section 45G(e)(3) of

3   the Internal Revenue Code and, for taxable years

4   ending on or after December 31, 2008, any amount

5   included in gross income under Section 87 of the

6   Internal Revenue Code; the provisions of this

7   subparagraph are exempt from the provisions of Section

8   250;

9   (N) An amount equal to all amounts included in

10  such total which are exempt from taxation by this

11  State either by reason of its statutes or Constitution

12  or by reason of the Constitution, treaties or statutes

13  of the United States; provided that, in the case of any

14  statute of this State that exempts income derived from

15  bonds or other obligations from the tax imposed under

16  this Act, the amount exempted shall be the interest

17  net of bond premium amortization;

18  (O) An amount equal to any contribution made to a

19  job training project established pursuant to the Tax

20  Increment Allocation Redevelopment Act;

21  (P) An amount equal to the amount of the deduction

22  used to compute the federal income tax credit for

23  restoration of substantial amounts held under claim of

24  right for the taxable year pursuant to Section 1341 of

25  the Internal Revenue Code or of any itemized deduction

26  taken from adjusted gross income in the computation of
    SB3019 Enrolled  - 997 - LRB104 20255 HLH 33706 b

1   taxable income for restoration of substantial amounts

2   held under claim of right for the taxable year;

3   (Q) An amount equal to any amounts included in

4   such total, received by the taxpayer as an

5   acceleration in the payment of life, endowment or

6   annuity benefits in advance of the time they would

7   otherwise be payable as an indemnity for a terminal

8   illness;

9   (R) An amount equal to the amount of any federal or

10  State bonus paid to veterans of the Persian Gulf War;

11  (S) An amount, to the extent included in adjusted

12  gross income, equal to the amount of a contribution

13  made in the taxable year on behalf of the taxpayer to a

14  medical care savings account established under the

15  Medical Care Savings Account Act or the Medical Care

16  Savings Account Act of 2000 to the extent the

17  contribution is accepted by the account administrator

18  as provided in that Act;

19  (T) An amount, to the extent included in adjusted

20  gross income, equal to the amount of interest earned

21  in the taxable year on a medical care savings account

22  established under the Medical Care Savings Account Act

23  or the Medical Care Savings Account Act of 2000 on

24  behalf of the taxpayer, other than interest added

25  pursuant to item (D-5) of this paragraph (2);

26  (U) For one taxable year beginning on or after
    SB3019 Enrolled  - 998 - LRB104 20255 HLH 33706 b

1   January 1, 1994, an amount equal to the total amount of

2   tax imposed and paid under subsections (a) and (b) of

3   Section 201 of this Act on grant amounts received by

4   the taxpayer under the Nursing Home Grant Assistance

5   Act during the taxpayer's taxable years 1992 and 1993;

6   (V) Beginning with tax years ending on or after

7   December 31, 1995 and ending with tax years ending on

8   or before December 31, 2004, an amount equal to the

9   amount paid by a taxpayer who is a self-employed

10  taxpayer, a partner of a partnership, or a shareholder

11  in a Subchapter S corporation for health insurance or

12  long-term care insurance for that taxpayer or that

13  taxpayer's spouse or dependents, to the extent that

14  the amount paid for that health insurance or long-term

15  care insurance may be deducted under Section 213 of

16  the Internal Revenue Code, has not been deducted on

17  the federal income tax return of the taxpayer, and

18  does not exceed the taxable income attributable to

19  that taxpayer's income, self-employment income, or

20  Subchapter S corporation income; except that no

21  deduction shall be allowed under this item (V) if the

22  taxpayer is eligible to participate in any health

23  insurance or long-term care insurance plan of an

24  employer of the taxpayer or the taxpayer's spouse. The

25  amount of the health insurance and long-term care

26  insurance subtracted under this item (V) shall be
    SB3019 Enrolled  - 999 - LRB104 20255 HLH 33706 b

1   determined by multiplying total health insurance and

2   long-term care insurance premiums paid by the taxpayer

3   times a number that represents the fractional

4   percentage of eligible medical expenses under Section

5   213 of the Internal Revenue Code of 1986 not actually

6   deducted on the taxpayer's federal income tax return;

7   (W) For taxable years beginning on or after

8   January 1, 1998, all amounts included in the

9   taxpayer's federal gross income in the taxable year

10  from amounts converted from a regular IRA to a Roth

11  IRA. This paragraph is exempt from the provisions of

12  Section 250;

13  (X) For taxable year 1999 and thereafter, an

14  amount equal to the amount of any (i) distributions,

15  to the extent includible in gross income for federal

16  income tax purposes, made to the taxpayer because of

17  his or her status as a victim of persecution for racial

18  or religious reasons by Nazi Germany or any other Axis

19  regime or as an heir of the victim and (ii) items of

20  income, to the extent includible in gross income for

21  federal income tax purposes, attributable to, derived

22  from or in any way related to assets stolen from,

23  hidden from, or otherwise lost to a victim of

24  persecution for racial or religious reasons by Nazi

25  Germany or any other Axis regime immediately prior to,

26  during, and immediately after World War II, including,
    SB3019 Enrolled  - 1000 - LRB104 20255 HLH 33706 b

1   but not limited to, interest on the proceeds

2   receivable as insurance under policies issued to a

3   victim of persecution for racial or religious reasons

4   by Nazi Germany or any other Axis regime by European

5   insurance companies immediately prior to and during

6   World War II; provided, however, this subtraction from

7   federal adjusted gross income does not apply to assets

8   acquired with such assets or with the proceeds from

9   the sale of such assets; provided, further, this

10  paragraph shall only apply to a taxpayer who was the

11  first recipient of such assets after their recovery

12  and who is a victim of persecution for racial or

13  religious reasons by Nazi Germany or any other Axis

14  regime or as an heir of the victim. The amount of and

15  the eligibility for any public assistance, benefit, or

16  similar entitlement is not affected by the inclusion

17  of items (i) and (ii) of this paragraph in gross income

18  for federal income tax purposes. This paragraph is

19  exempt from the provisions of Section 250;

20  (Y) For taxable years beginning on or after

21  January 1, 2002 and ending on or before December 31,

22  2004, moneys contributed in the taxable year to a

23  College Savings Pool account under Section 16.5 of the

24  State Treasurer Act, except that amounts excluded from

25  gross income under Section 529(c)(3)(C)(i) of the

26  Internal Revenue Code shall not be considered moneys
    SB3019 Enrolled  - 1001 - LRB104 20255 HLH 33706 b

1   contributed under this subparagraph (Y). For taxable

2   years beginning on or after January 1, 2005, a maximum

3   of $10,000 contributed in the taxable year to (i) a

4   College Savings Pool account under Section 16.5 of the

5   State Treasurer Act or (ii) the Illinois Prepaid

6   Tuition Trust Fund, except that amounts excluded from

7   gross income under Section 529(c)(3)(C)(i) of the

8   Internal Revenue Code shall not be considered moneys

9   contributed under this subparagraph (Y). For purposes

10  of this subparagraph, contributions made by an

11  employer on behalf of an employee, or matching

12  contributions made by an employee, shall be treated as

13  made by the employee. This subparagraph (Y) is exempt

14  from the provisions of Section 250;

15  (Z) For taxable years 2001 and thereafter, for the

16  taxable year in which the bonus depreciation deduction

17  is taken on the taxpayer's federal income tax return

18  under subsection (k) or (n) of Section 168 of the

19  Internal Revenue Code and for each applicable taxable

20  year thereafter, an amount equal to "x", where:

21                   (1) "y" equals the amount of the depreciation

22  deduction taken for the taxable year on the

23  taxpayer's federal income tax return on property

24  for which the bonus depreciation deduction was

25  taken in any year under subsection (k) or (n) of

26  Section 168 of the Internal Revenue Code, but not
    SB3019 Enrolled              - 1002 - LRB104 20255 HLH 33706 b

1   including the bonus depreciation deduction;

2                    (2) for taxable years ending on or before

3   December 31, 2005, "x" equals "y" multiplied by 30

4   and then divided by 70 (or "y" multiplied by

5   0.429); and

6                    (3) for taxable years ending after December

7   31, 2005:

8                    (i) for property on which a bonus

9                    depreciation deduction of 30% of the adjusted

10                   basis was taken, "x" equals "y" multiplied by

11                   30 and then divided by 70 (or "y" multiplied

12                   by 0.429);

13                   (ii) for property on which a bonus

14                   depreciation deduction of 50% of the adjusted

15                   basis was taken, "x" equals "y" multiplied by

16                   1.0;

17                   (iii) for property on which a bonus

18                   depreciation deduction of 100% of the adjusted

19                   basis was taken in a taxable year ending on or

20                   after December 31, 2021, "x" equals the

21                   depreciation deduction that would be allowed

22                   on that property if the taxpayer had made the

23                   election under Section 168(k)(7) or Section

24                   168(n)(6) of the Internal Revenue Code to not

25                   claim bonus depreciation on that property; and

26                   (iv) for property on which a bonus
    SB3019 Enrolled  - 1003 - LRB104 20255 HLH 33706 b

1                    depreciation deduction of a percentage other

2                    than 30%, 50% or 100% of the adjusted basis

3                    was taken in a taxable year ending on or after

4                    December 31, 2021, "x" equals "y" multiplied

5                    by 100 times the percentage bonus depreciation

6                    on the property (that is, 100(bonus%)) and

7                    then divided by 100 times 1 minus the

8                    percentage bonus depreciation on the property

9                    (that is, 100(1-bonus%)).

10  The aggregate amount deducted under this

11  subparagraph in all taxable years for any one piece of

12  property may not exceed the amount of the bonus

13  depreciation deduction taken on that property on the

14  taxpayer's federal income tax return under subsection

15  (k) or (n) of Section 168 of the Internal Revenue Code.

16  This subparagraph (Z) is exempt from the provisions of

17  Section 250;

18  (AA) If the taxpayer sells, transfers, abandons,

19  or otherwise disposes of property for which the

20  taxpayer was required in any taxable year to make an

21  addition modification under subparagraph (D-15), then

22  an amount equal to that addition modification.

23  If the taxpayer continues to own property through

24  the last day of the last tax year for which a

25  subtraction is allowed with respect to that property

26  under subparagraph (Z) and for which the taxpayer was
    SB3019 Enrolled  - 1004 - LRB104 20255 HLH 33706 b

1   required in any taxable year to make an addition

2   modification under subparagraph (D-15), then an amount

3   equal to that addition modification.

4   The taxpayer is allowed to take the deduction

5   under this subparagraph only once with respect to any

6   one piece of property.

7   This subparagraph (AA) is exempt from the

8   provisions of Section 250;

9   (BB) Any amount included in adjusted gross income,

10  other than salary, received by a driver in a

11  ridesharing arrangement using a motor vehicle;

12  (CC) The amount of (i) any interest income (net of

13  the deductions allocable thereto) taken into account

14  for the taxable year with respect to a transaction

15  with a taxpayer that is required to make an addition

16  modification with respect to such transaction under

17  Section          203(a)(2)(D-17),     203(b)(2)(E-12),

18  203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

19  the amount of that addition modification, and (ii) any

20  income from intangible property (net of the deductions

21  allocable thereto) taken into account for the taxable

22  year with respect to a transaction with a taxpayer

23  that is required to make an addition modification with

24  respect to such transaction under Section

25  203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

26  203(d)(2)(D-8), but not to exceed the amount of that
    SB3019 Enrolled  - 1005 - LRB104 20255 HLH 33706 b

1   addition modification. This subparagraph (CC) is

2   exempt from the provisions of Section 250;

3   (DD) An amount equal to the interest income taken

4   into account for the taxable year (net of the

5   deductions allocable thereto) with respect to

6   transactions with (i) a foreign person who would be a

7   member of the taxpayer's unitary business group but

8   for the fact that the foreign person's business

9   activity outside the United States is 80% or more of

10  that person's total business activity and (ii) for

11  taxable years ending on or after December 31, 2008, to

12  a person who would be a member of the same unitary

13  business group but for the fact that the person is

14  prohibited under Section 1501(a)(27) from being

15  included in the unitary business group because he or

16  she is ordinarily required to apportion business

17  income under different subsections of Section 304, but

18  not to exceed the addition modification required to be

19  made for the same taxable year under Section

20  203(a)(2)(D-17) for interest paid, accrued, or

21  incurred, directly or indirectly, to the same person.

22  This subparagraph (DD) is exempt from the provisions

23  of Section 250;

24  (EE) An amount equal to the income from intangible

25  property taken into account for the taxable year (net

26  of the deductions allocable thereto) with respect to
    SB3019 Enrolled  - 1006 - LRB104 20255 HLH 33706 b

1   transactions with (i) a foreign person who would be a

2   member of the taxpayer's unitary business group but

3   for the fact that the foreign person's business

4   activity outside the United States is 80% or more of

5   that person's total business activity and (ii) for

6   taxable years ending on or after December 31, 2008, to

7   a person who would be a member of the same unitary

8   business group but for the fact that the person is

9   prohibited under Section 1501(a)(27) from being

10  included in the unitary business group because he or

11  she is ordinarily required to apportion business

12  income under different subsections of Section 304, but

13  not to exceed the addition modification required to be

14  made for the same taxable year under Section

15  203(a)(2)(D-18) for intangible expenses and costs

16  paid, accrued, or incurred, directly or indirectly, to

17  the same foreign person. This subparagraph (EE) is

18  exempt from the provisions of Section 250;

19  (FF) An amount equal to any amount awarded to the

20  taxpayer during the taxable year by the Court of

21  Claims under subsection (c) of Section 8 of the Court

22  of Claims Act for time unjustly served in a State

23  prison. This subparagraph (FF) is exempt from the

24  provisions of Section 250;

25  (GG) For taxable years ending on or after December

26  31, 2011, in the case of a taxpayer who was required to
    SB3019 Enrolled  - 1007 - LRB104 20255 HLH 33706 b

1   add back any insurance premiums under Section

2   203(a)(2)(D-19), such taxpayer may elect to subtract

3   that part of a reimbursement received from the

4   insurance company equal to the amount of the expense

5   or loss (including expenses incurred by the insurance

6   company) that would have been taken into account as a

7   deduction for federal income tax purposes if the

8   expense or loss had been uninsured. If a taxpayer

9   makes the election provided for by this subparagraph

10  (GG), the insurer to which the premiums were paid must

11  add back to income the amount subtracted by the

12  taxpayer pursuant to this subparagraph (GG). This

13  subparagraph (GG) is exempt from the provisions of

14  Section 250;

15  (HH) For taxable years beginning on or after

16  January 1, 2018 and prior to January 1, 2028, a maximum

17  of $10,000 contributed in the taxable year to a

18  qualified ABLE account under Section 16.6 of the State

19  Treasurer Act, except that amounts excluded from gross

20  income under Section 529(c)(3)(C)(i) or Section

21  529A(c)(1)(C) of the Internal Revenue Code shall not

22  be considered moneys contributed under this

23  subparagraph (HH). For purposes of this subparagraph

24  (HH), contributions made by an employer on behalf of

25  an employee, or matching contributions made by an

26  employee, shall be treated as made by the employee;
    SB3019 Enrolled  - 1008 - LRB104 20255 HLH 33706 b

1   (II) For taxable years that begin on or after

2   January 1, 2021 and begin before January 1, 2026, the

3   amount that is included in the taxpayer's federal

4   adjusted gross income pursuant to Section 61 of the

5   Internal Revenue Code as discharge of indebtedness

6   attributable to student loan forgiveness and that is

7   not excluded from the taxpayer's federal adjusted

8   gross income pursuant to paragraph (5) of subsection

9   (f) of Section 108 of the Internal Revenue Code;

10  (JJ) For taxable years beginning on or after

11  January 1, 2023, for any cannabis establishment

12  operating in this State and licensed under the

13  Cannabis Regulation and Tax Act or any cannabis

14  cultivation center or medical cannabis dispensing

15  organization operating in this State and licensed

16  under the Compassionate Use of Medical Cannabis

17  Program Act, an amount equal to the deductions that

18  were disallowed under Section 280E of the Internal

19  Revenue Code for the taxable year and that would not be

20  added back under this subsection. The provisions of

21  this subparagraph (JJ) are exempt from the provisions

22  of Section 250;

23  (KK) To the extent includible in gross income for

24  federal income tax purposes, any amount awarded or

25  paid to the taxpayer as a result of a judgment or

26  settlement for fertility fraud as provided in Section
    SB3019 Enrolled  - 1009 - LRB104 20255 HLH 33706 b

1   15 of the Illinois Fertility Fraud Act, donor

2   fertility fraud as provided in Section 20 of the

3   Illinois Fertility Fraud Act, or similar action in

4   another state;

5   (LL) For taxable years beginning on or after

6   January 1, 2026, if the taxpayer is a qualified

7   worker, as defined in the Workforce Development

8   through Charitable Loan Repayment Act, an amount equal

9   to the amount included in the taxpayer's federal

10  adjusted gross income that is attributable to student

11  loan repayment assistance received by the taxpayer

12  during the taxable year from a qualified community

13  foundation under the provisions of the Workforce

14  Development through Charitable Loan Repayment Act.

15  This subparagraph (LL) is exempt from the

16  provisions of Section 250; and

17  (MM) For taxable years beginning on or after

18  January 1, 2025, if the taxpayer is an eligible

19  resident as defined in the Medical Debt Relief Act, an

20  amount equal to the amount included in the taxpayer's

21  federal adjusted gross income that is attributable to

22  medical debt relief received by the taxpayer during

23  the taxable year from a nonprofit medical debt relief

24  coordinator under the provisions of the Medical Debt

25  Relief Act. This subparagraph (MM) is exempt from the

26  provisions of Section 250.
    SB3019 Enrolled    - 1010 - LRB104 20255 HLH 33706 b

1   (b) Corporations.

2   (1) In general. In the case of a corporation, base

3   income means an amount equal to the taxpayer's taxable

4   income for the taxable year as modified by paragraph (2).

5   (2) Modifications. The taxable income referred to in

6   paragraph (1) shall be modified by adding thereto the sum

7   of the following amounts:

8   (A) An amount equal to all amounts paid or accrued

9   to the taxpayer as interest and all distributions

10  received from regulated investment companies during

11  the taxable year to the extent excluded from gross

12  income in the computation of taxable income;

13  (B) An amount equal to the amount of tax imposed by

14  this Act to the extent deducted from gross income in

15  the computation of taxable income for the taxable

16  year;

17  (C) In the case of a regulated investment company,

18  an amount equal to the excess of (i) the net long-term

19  capital gain for the taxable year, over (ii) the

20  amount of the capital gain dividends designated as

21  such in accordance with Section 852(b)(3)(C) of the

22  Internal Revenue Code and any amount designated under

23  Section 852(b)(3)(D) of the Internal Revenue Code,

24  attributable to the taxable year (this amendatory Act

25  of 1995 (Public Act 89-89) is declarative of existing
    SB3019 Enrolled  - 1011 - LRB104 20255 HLH 33706 b

1   law and is not a new enactment);

2   (D) The amount of any net operating loss deduction

3   taken in arriving at taxable income, other than a net

4   operating loss carried forward from a taxable year

5   ending prior to December 31, 1986;

6   (E) For taxable years in which a net operating

7   loss carryback or carryforward from a taxable year

8   ending prior to December 31, 1986 is an element of

9   taxable income under paragraph (1) of subsection (e)

10  or subparagraph (E) of paragraph (2) of subsection

11  (e), the amount by which addition modifications other

12  than those provided by this subparagraph (E) exceeded

13  subtraction modifications in such earlier taxable

14  year, with the following limitations applied in the

15  order that they are listed:

16                   (i) the addition modification relating to the

17  net operating loss carried back or forward to the

18  taxable year from any taxable year ending prior to

19  December 31, 1986 shall be reduced by the amount

20  of addition modification under this subparagraph

21  (E) which related to that net operating loss and

22  which was taken into account in calculating the

23  base income of an earlier taxable year, and

24                   (ii) the addition modification relating to the

25  net operating loss carried back or forward to the

26  taxable year from any taxable year ending prior to
    SB3019 Enrolled  - 1012 - LRB104 20255 HLH 33706 b

1   December 31, 1986 shall not exceed the amount of

2   such carryback or carryforward;

3   For taxable years in which there is a net

4   operating loss carryback or carryforward from more

5   than one other taxable year ending prior to December

6   31, 1986, the addition modification provided in this

7   subparagraph (E) shall be the sum of the amounts

8   computed independently under the preceding provisions

9   of this subparagraph (E) for each such taxable year;

10  (E-5) For taxable years ending after December 31,

11  1997, an amount equal to any eligible remediation

12  costs that the corporation deducted in computing

13  adjusted gross income and for which the corporation

14  claims a credit under subsection (l) of Section 201;

15  (E-10) For taxable years 2001 through 2025, an

16  amount equal to the bonus depreciation deduction taken

17  on the taxpayer's federal income tax return for the

18  taxable year under subsection (k) of Section 168 of

19  the Internal Revenue Code; for taxable years 2026 and

20  thereafter, an amount equal to the bonus depreciation

21  deduction taken on the taxpayer's federal income tax

22  return for the taxable year under subsection (k) or

23  (n) of Section 168 of the Internal Revenue Code;

24  (E-11) If the taxpayer sells, transfers, abandons,

25  or otherwise disposes of property for which the

26  taxpayer was required in any taxable year to make an
    SB3019 Enrolled  - 1013 - LRB104 20255 HLH 33706 b

1   addition modification under subparagraph (E-10), then

2   an amount equal to the aggregate amount of the

3   deductions taken in all taxable years under

4   subparagraph (T) with respect to that property.

5   If the taxpayer continues to own property through

6   the last day of the last tax year for which a

7   subtraction is allowed with respect to that property

8   under subparagraph (T) and for which the taxpayer was

9   allowed in any taxable year to make a subtraction

10  modification under subparagraph (T), then an amount

11  equal to that subtraction modification.

12  The taxpayer is required to make the addition

13  modification under this subparagraph only once with

14  respect to any one piece of property;

15  (E-12) An amount equal to the amount otherwise

16  allowed as a deduction in computing base income for

17  interest paid, accrued, or incurred, directly or

18  indirectly, (i) for taxable years ending on or after

19  December 31, 2004, to a foreign person who would be a

20  member of the same unitary business group but for the

21  fact the foreign person's business activity outside

22  the United States is 80% or more of the foreign

23  person's total business activity and (ii) for taxable

24  years ending on or after December 31, 2008, to a person

25  who would be a member of the same unitary business

26  group but for the fact that the person is prohibited
    SB3019 Enrolled  - 1014 - LRB104 20255 HLH 33706 b

1   under Section 1501(a)(27) from being included in the

2   unitary business group because he or she is ordinarily

3   required to apportion business income under different

4   subsections of Section 304. The addition modification

5   required by this subparagraph shall be reduced to the

6   extent that dividends were included in base income of

7   the unitary group for the same taxable year and

8   received by the taxpayer or by a member of the

9   taxpayer's unitary business group (including amounts

10  included in gross income pursuant to Sections 951

11  through 964 of the Internal Revenue Code and amounts

12  included in gross income under Section 78 of the

13  Internal Revenue Code) with respect to the stock of

14  the same person to whom the interest was paid,

15  accrued, or incurred. For taxable years ending on and

16  after December 31, 2025, for purposes of applying this

17  paragraph in the case of a taxpayer to which Section

18  163(j) of the Internal Revenue Code applies for the

19  taxable year, the reduction in the amount of interest

20  for which a deduction is allowed by reason of Section

21  163(j) shall be treated as allocable first to persons

22  who are not foreign persons referred to in this

23  paragraph and then to such foreign persons.

24  For taxable years ending before December 31, 2025,

25  this paragraph shall not apply to the following:

26                   (i) an item of interest paid, accrued, or
    SB3019 Enrolled             - 1015 - LRB104 20255 HLH 33706 b

1   incurred, directly or indirectly, to a person who

2   is subject in a foreign country or state, other

3   than a state which requires mandatory unitary

4   reporting, to a tax on or measured by net income

5   with respect to such interest; or

6                    (ii) an item of interest paid, accrued, or

7   incurred, directly or indirectly, to a person if

8   the taxpayer can establish, based on a

9   preponderance of the evidence, both of the

10  following:

11                   (a) the person, during the same taxable

12                   year, paid, accrued, or incurred, the interest

13                   to a person that is not a related member, and

14                   (b) the transaction giving rise to the

15                   interest expense between the taxpayer and the

16                   person did not have as a principal purpose the

17                   avoidance of Illinois income tax, and is paid

18                   pursuant to a contract or agreement that

19                   reflects an arm's-length interest rate and

20                   terms; or

21                   (iii) the taxpayer can establish, based on

22  clear and convincing evidence, that the interest

23  paid, accrued, or incurred relates to a contract

24  or agreement entered into at arm's-length rates

25  and terms and the principal purpose for the

26  payment is not federal or Illinois tax avoidance;
    SB3019 Enrolled             - 1016 - LRB104 20255 HLH 33706 b

1   or

2                    (iv) an item of interest paid, accrued, or

3   incurred, directly or indirectly, to a person if

4   the taxpayer establishes by clear and convincing

5   evidence that the adjustments are unreasonable; or

6   if the taxpayer and the Director agree in writing

7   to the application or use of an alternative method

8   of apportionment under Section 304(f).

9   For taxable years ending on or after December 31,

10  2025, this paragraph shall not apply to the following:

11                   (i) an item of interest paid, accrued, or

12  incurred, directly or indirectly, to a person if

13  the taxpayer can establish, based on a

14  preponderance of the evidence, both of the

15  following:

16                   (a) the person, during the same taxable

17                   year, paid, accrued, or incurred, the interest

18                   to a person that is not a related member, and

19                   (b) the transaction giving rise to the

20                   interest expense between the taxpayer and the

21                   person did not have as a principal purpose the

22                   avoidance of Illinois income tax, and is paid

23                   pursuant to a contract or agreement that

24                   reflects an arm's-length interest rate and

25                   terms; or

26                   (ii) an item of interest paid, accrued, or
    SB3019 Enrolled   - 1017 - LRB104 20255 HLH 33706 b

1   incurred, directly or indirectly, to a person if

2   the taxpayer establishes by clear and convincing

3   evidence that the adjustments are unreasonable; or

4   if the taxpayer and the Director agree in writing

5   to the application or use of an alternative method

6   of apportionment under Section 304(f).

7   Nothing in this subsection shall preclude the

8   Director from making any other adjustment otherwise

9   allowed under Section 404 of this Act for any tax year

10  beginning after the effective date of this amendment

11  provided such adjustment is made pursuant to

12  regulation adopted by the Department and such

13  regulations provide methods and standards by which the

14  Department will utilize its authority under Section

15  404 of this Act;

16  (E-13) An amount equal to the amount of intangible

17  expenses and costs otherwise allowed as a deduction in

18  computing base income, and that were paid, accrued, or

19  incurred, directly or indirectly, (i) for taxable

20  years ending on or after December 31, 2004, to a

21  foreign person who would be a member of the same

22  unitary business group but for the fact that the

23  foreign person's business activity outside the United

24  States is 80% or more of that person's total business

25  activity and (ii) for taxable years ending on or after

26  December 31, 2008, to a person who would be a member of
    SB3019 Enrolled  - 1018 - LRB104 20255 HLH 33706 b

1   the same unitary business group but for the fact that

2   the person is prohibited under Section 1501(a)(27)

3   from being included in the unitary business group

4   because he or she is ordinarily required to apportion

5   business income under different subsections of Section

6   304. The addition modification required by this

7   subparagraph shall be reduced to the extent that

8   dividends were included in base income of the unitary

9   group for the same taxable year and received by the

10  taxpayer or by a member of the taxpayer's unitary

11  business group (including amounts included in gross

12  income pursuant to Sections 951 through 964 of the

13  Internal Revenue Code and amounts included in gross

14  income under Section 78 of the Internal Revenue Code)

15  with respect to the stock of the same person to whom

16  the intangible expenses and costs were directly or

17  indirectly paid, incurred, or accrued. The preceding

18  sentence shall not apply to the extent that the same

19  dividends caused a reduction to the addition

20  modification required under Section 203(b)(2)(E-12) of

21  this Act. As used in this subparagraph, the term

22  "intangible expenses and costs" includes (1) expenses,

23  losses, and costs for, or related to, the direct or

24  indirect acquisition, use, maintenance or management,

25  ownership, sale, exchange, or any other disposition of

26  intangible property; (2) losses incurred, directly or
    SB3019 Enrolled  - 1019 - LRB104 20255 HLH 33706 b

1   indirectly, from factoring transactions or discounting

2   transactions; (3) royalty, patent, technical, and

3   copyright fees; (4) licensing fees; and (5) other

4   similar expenses and costs. For purposes of this

5   subparagraph, "intangible property" includes patents,

6   patent applications, trade names, trademarks, service

7   marks, copyrights, mask works, trade secrets, and

8   similar types of intangible assets.

9   For taxable years ending before December 31, 2025,

10  this paragraph shall not apply to the following:

11                   (i) any item of intangible expenses or costs

12  paid, accrued, or incurred, directly or

13  indirectly, from a transaction with a person who

14  is subject in a foreign country or state, other

15  than a state which requires mandatory unitary

16  reporting, to a tax on or measured by net income

17  with respect to such item; or

18                   (ii) any item of intangible expense or cost

19  paid, accrued, or incurred, directly or

20  indirectly, if the taxpayer can establish, based

21  on a preponderance of the evidence, both of the

22  following:

23                   (a) the person during the same taxable

24                   year paid, accrued, or incurred, the

25                   intangible expense or cost to a person that is

26                   not a related member, and
    SB3019 Enrolled      - 1020 - LRB104 20255 HLH 33706 b

1                        (b) the transaction giving rise to the

2                    intangible expense or cost between the

3                    taxpayer and the person did not have as a

4                    principal purpose the avoidance of Illinois

5                    income tax, and is paid pursuant to a contract

6                    or agreement that reflects arm's-length terms;

7                    or

8                    (iii) any item of intangible expense or cost

9   paid, accrued, or incurred, directly or

10  indirectly, from a transaction with a person if

11  the taxpayer establishes by clear and convincing

12  evidence, that the adjustments are unreasonable;

13  or if the taxpayer and the Director agree in

14  writing to the application or use of an

15  alternative method of apportionment under Section

16  304(f);

17  For taxable years ending on or after December 31,

18  2025, this paragraph shall not apply to the following:

19                   (i) any item of intangible expense or cost

20  paid, accrued, or incurred, directly or

21  indirectly, if the taxpayer can establish, based

22  on a preponderance of the evidence, both of the

23  following:

24                       (a) the person during the same taxable

25                   year paid, accrued, or incurred, the

26                   intangible expense or cost to a person that is
    SB3019 Enrolled      - 1021 - LRB104 20255 HLH 33706 b

1                    not a related member, and

2                        (b) the transaction giving rise to the

3                    intangible expense or cost between the

4                    taxpayer and the person did not have as a

5                    principal purpose the avoidance of Illinois

6                    income tax, and is paid pursuant to a contract

7                    or agreement that reflects arm's-length terms;

8                    or

9                    (ii) any item of intangible expense or cost

10  paid, accrued, or incurred, directly or

11  indirectly, from a transaction with a person if

12  the taxpayer establishes by clear and convincing

13  evidence, that the adjustments are unreasonable;

14  or if the taxpayer and the Director agree in

15  writing to the application or use of an

16  alternative method of apportionment under Section

17  304(f).

18  Nothing in this subsection shall preclude the

19  Director from making any other adjustment otherwise

20  allowed under Section 404 of this Act for any tax year

21  beginning after the effective date of this amendment

22  provided such adjustment is made pursuant to

23  regulation adopted by the Department and such

24  regulations provide methods and standards by which the

25  Department will utilize its authority under Section

26  404 of this Act;
    SB3019 Enrolled  - 1022 - LRB104 20255 HLH 33706 b

1   (E-14) For taxable years ending on or after

2   December 31, 2008, an amount equal to the amount of

3   insurance premium expenses and costs otherwise allowed

4   as a deduction in computing base income, and that were

5   paid, accrued, or incurred, directly or indirectly, to

6   a person who would be a member of the same unitary

7   business group but for the fact that the person is

8   prohibited under Section 1501(a)(27) from being

9   included in the unitary business group because he or

10  she is ordinarily required to apportion business

11  income under different subsections of Section 304. The

12  addition modification required by this subparagraph

13  shall be reduced to the extent that dividends were

14  included in base income of the unitary group for the

15  same taxable year and received by the taxpayer or by a

16  member of the taxpayer's unitary business group

17  (including amounts included in gross income under

18  Sections 951 through 964 of the Internal Revenue Code

19  and amounts included in gross income under Section 78

20  of the Internal Revenue Code) with respect to the

21  stock of the same person to whom the premiums and costs

22  were directly or indirectly paid, incurred, or

23  accrued. The preceding sentence does not apply to the

24  extent that the same dividends caused a reduction to

25  the addition modification required under Section

26  203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
    SB3019 Enrolled  - 1023 - LRB104 20255 HLH 33706 b

1   Act;

2   (E-15) For taxable years beginning after December

3   31, 2008, any deduction for dividends paid by a

4   captive real estate investment trust that is allowed

5   to a real estate investment trust under Section

6   857(b)(2)(B) of the Internal Revenue Code for

7   dividends paid;

8   (E-16) An amount equal to the credit allowable to

9   the taxpayer under Section 218(a) of this Act,

10  determined without regard to Section 218(c) of this

11  Act;

12  (E-17) For taxable years ending on or after

13  December 31, 2017, an amount equal to the deduction

14  allowed under Section 199 of the Internal Revenue Code

15  for the taxable year;

16  (E-18) for taxable years beginning after December

17  31, 2018, an amount equal to the deduction allowed

18  under Section 250(a)(1)(A) of the Internal Revenue

19  Code for the taxable year;

20  (E-19) for taxable years ending on or after June

21  30, 2021, an amount equal to the deduction allowed

22  under Section 250(a)(1)(B)(i) of the Internal Revenue

23  Code for the taxable year;

24  (E-20) for taxable years ending on or after June

25  30, 2021, an amount equal to the deduction allowed

26  under Sections 243(e) and 245A(a) of the Internal
    SB3019 Enrolled     - 1024 - LRB104 20255 HLH 33706 b

1   Revenue Code for the taxable year;

2   (E-21) the amount that is claimed as a federal

3   deduction when computing the taxpayer's federal

4   taxable income for the taxable year and that is

5   attributable to an endowment gift for which the

6   taxpayer receives a credit under the Illinois Gives

7   Tax Credit Act;

8   and by deducting from the total so obtained the sum of the

9   following amounts:

10  (F) An amount equal to the amount of any tax

11  imposed by this Act which was refunded to the taxpayer

12  and included in such total for the taxable year;

13  (G) An amount equal to any amount included in such

14  total under Section 78 of the Internal Revenue Code;

15  (H) In the case of a regulated investment company,

16  an amount equal to the amount of exempt interest

17  dividends as defined in subsection (b)(5) of Section

18  852 of the Internal Revenue Code, paid to shareholders

19  for the taxable year;

20  (I) With the exception of any amounts subtracted

21  under subparagraph (J), an amount equal to the sum of

22  all amounts disallowed as deductions by (i) Sections

23  171(a)(2) and 265(a)(2) and amounts disallowed as

24  interest expense by Section 291(a)(3) of the Internal

25  Revenue Code, and all amounts of expenses allocable to

26  interest and disallowed as deductions by Section
    SB3019 Enrolled  - 1025 - LRB104 20255 HLH 33706 b

1   265(a)(1) of the Internal Revenue Code; and (ii) for

2   taxable years ending on or after August 13, 1999,

3   Sections 171(a)(2), 265, 280C, 291(a)(3), and

4   832(b)(5)(B)(i) of the Internal Revenue Code, plus,

5   for tax years ending on or after December 31, 2011,

6   amounts disallowed as deductions by Section 45G(e)(3)

7   of the Internal Revenue Code and, for taxable years

8   ending on or after December 31, 2008, any amount

9   included in gross income under Section 87 of the

10  Internal Revenue Code and the policyholders' share of

11  tax-exempt interest of a life insurance company under

12  Section 807(a)(2)(B) of the Internal Revenue Code (in

13  the case of a life insurance company with gross income

14  from a decrease in reserves for the tax year) or

15  Section 807(b)(1)(B) of the Internal Revenue Code (in

16  the case of a life insurance company allowed a

17  deduction for an increase in reserves for the tax

18  year); the provisions of this subparagraph are exempt

19  from the provisions of Section 250;

20  (J) An amount equal to all amounts included in

21  such total which are exempt from taxation by this

22  State either by reason of its statutes or Constitution

23  or by reason of the Constitution, treaties or statutes

24  of the United States; provided that, in the case of any

25  statute of this State that exempts income derived from

26  bonds or other obligations from the tax imposed under
    SB3019 Enrolled  - 1026 - LRB104 20255 HLH 33706 b

1   this Act, the amount exempted shall be the interest

2   net of bond premium amortization;

3   (K) An amount equal to those dividends included in

4   such total which were paid by a corporation which

5   conducts business operations in a River Edge

6   Redevelopment Zone or zones created under the River

7   Edge Redevelopment Zone Act and conducts substantially

8   all of its operations in a River Edge Redevelopment

9   Zone or zones. This subparagraph (K) is exempt from

10  the provisions of Section 250;

11  (L) An amount equal to those dividends included in

12  such total that were paid by a corporation that

13  conducts business operations in a federally designated

14  Foreign Trade Zone or Sub-Zone and that is designated

15  a High Impact Business located in Illinois; provided

16  that dividends eligible for the deduction provided in

17  subparagraph (K) of paragraph 2 of this subsection

18  shall not be eligible for the deduction provided under

19  this subparagraph (L);

20  (M) For any taxpayer that is a financial

21  organization within the meaning of Section 304(c) of

22  this Act, an amount included in such total as interest

23  income from a loan or loans made by such taxpayer to a

24  borrower, to the extent that such a loan is secured by

25  property which is eligible for the River Edge

26  Redevelopment Zone Investment Credit. To determine the
    SB3019 Enrolled  - 1027 - LRB104 20255 HLH 33706 b

1   portion of a loan or loans that is secured by property

2   eligible for a Section 201(f) investment credit to the

3   borrower, the entire principal amount of the loan or

4   loans between the taxpayer and the borrower should be

5   divided into the basis of the Section 201(f)

6   investment credit property which secures the loan or

7   loans, using for this purpose the original basis of

8   such property on the date that it was placed in service

9   in the River Edge Redevelopment Zone. The subtraction

10  modification available to the taxpayer in any year

11  under this subsection shall be that portion of the

12  total interest paid by the borrower with respect to

13  such loan attributable to the eligible property as

14  calculated under the previous sentence. This

15  subparagraph (M) is exempt from the provisions of

16  Section 250;

17  (M-1) For any taxpayer that is a financial

18  organization within the meaning of Section 304(c) of

19  this Act, an amount included in such total as interest

20  income from a loan or loans made by such taxpayer to a

21  borrower, to the extent that such a loan is secured by

22  property which is eligible for the High Impact

23  Business Investment Credit. To determine the portion

24  of a loan or loans that is secured by property eligible

25  for a Section 201(h) investment credit to the

26  borrower, the entire principal amount of the loan or
    SB3019 Enrolled  - 1028 - LRB104 20255 HLH 33706 b

1   loans between the taxpayer and the borrower should be

2   divided into the basis of the Section 201(h)

3   investment credit property which secures the loan or

4   loans, using for this purpose the original basis of

5   such property on the date that it was placed in service

6   in a federally designated Foreign Trade Zone or

7   Sub-Zone located in Illinois. No taxpayer that is

8   eligible for the deduction provided in subparagraph

9   (M) of paragraph (2) of this subsection shall be

10  eligible for the deduction provided under this

11  subparagraph (M-1). The subtraction modification

12  available to taxpayers in any year under this

13  subsection shall be that portion of the total interest

14  paid by the borrower with respect to such loan

15  attributable to the eligible property as calculated

16  under the previous sentence;

17  (N) Two times any contribution made during the

18  taxable year to a designated zone organization to the

19  extent that the contribution (i) qualifies as a

20  charitable contribution under subsection (c) of

21  Section 170 of the Internal Revenue Code and (ii)

22  must, by its terms, be used for a project approved by

23  the Department of Commerce and Economic Opportunity

24  under Section 11 of the Illinois Enterprise Zone Act

25  or under Section 10-10 of the River Edge Redevelopment

26  Zone Act. This subparagraph (N) is exempt from the
    SB3019 Enrolled  - 1029 - LRB104 20255 HLH 33706 b

1   provisions of Section 250;

2   (O) An amount equal to: (i) 85% for taxable years

3   ending on or before December 31, 1992, or, a

4   percentage equal to the percentage allowable under

5   Section 243(a)(1) of the Internal Revenue Code of 1986

6   for taxable years ending after December 31, 1992, of

7   the amount by which dividends included in taxable

8   income and received from a corporation that is not

9   created or organized under the laws of the United

10  States or any state or political subdivision thereof,

11  including, for taxable years ending on or after

12  December 31, 1988, dividends received or deemed

13  received or paid or deemed paid under Sections 951

14  through 965 of the Internal Revenue Code, exceed the

15  amount of the modification provided under subparagraph

16  (G) of paragraph (2) of this subsection (b) which is

17  related to such dividends, and including, for taxable

18  years ending on or after December 31, 2008, dividends

19  received from a captive real estate investment trust;

20  plus (ii) 100% of the amount by which dividends,

21  included in taxable income and received, including,

22  for taxable years ending on or after December 31,

23  1988, dividends received or deemed received or paid or

24  deemed paid under Sections 951 through 964 of the

25  Internal Revenue Code and including, for taxable years

26  ending on or after December 31, 2008, dividends
    SB3019 Enrolled  - 1030 - LRB104 20255 HLH 33706 b

1   received from a captive real estate investment trust,

2   from any such corporation specified in clause (i) that

3   would but for the provisions of Section 1504(b)(3) of

4   the Internal Revenue Code be treated as a member of the

5   affiliated group which includes the dividend

6   recipient, exceed the amount of the modification

7   provided under subparagraph (G) of paragraph (2) of

8   this subsection (b) which is related to such

9   dividends. For taxable years ending on or after June

10  30, 2021, (i) for purposes of this subparagraph, the

11  term "dividend" does not include any amount treated as

12  a dividend under Section 1248 of the Internal Revenue

13  Code, and (ii) this subparagraph shall not apply to

14  dividends for which a deduction is allowed under

15  Section 245(a) of the Internal Revenue Code. For

16  taxable years ending on or after December 31, 2025,

17  50% of the amount of global intangible low-taxed

18  income or net controlled foreign corporation (CFC)

19  tested income received or deemed received or paid or

20  deemed paid under Sections 951 through 965 of the

21  Internal Revenue Code. This subparagraph (O) is exempt

22  from the provisions of Section 250 of this Act;

23  (P) An amount equal to any contribution made to a

24  job training project established pursuant to the Tax

25  Increment Allocation Redevelopment Act;

26  (Q) An amount equal to the amount of the deduction
    SB3019 Enrolled  - 1031 - LRB104 20255 HLH 33706 b

1   used to compute the federal income tax credit for

2   restoration of substantial amounts held under claim of

3   right for the taxable year pursuant to Section 1341 of

4   the Internal Revenue Code;

5   (R) On and after July 20, 1999, in the case of an

6   attorney-in-fact with respect to whom an interinsurer

7   or a reciprocal insurer has made the election under

8   Section 835 of the Internal Revenue Code, 26 U.S.C.

9   835, an amount equal to the excess, if any, of the

10  amounts paid or incurred by that interinsurer or

11  reciprocal insurer in the taxable year to the

12  attorney-in-fact over the deduction allowed to that

13  interinsurer or reciprocal insurer with respect to the

14  attorney-in-fact under Section 835(b) of the Internal

15  Revenue Code for the taxable year; the provisions of

16  this subparagraph are exempt from the provisions of

17  Section 250;

18  (S) For taxable years ending on or after December

19  31, 1997, in the case of a Subchapter S corporation, an

20  amount equal to all amounts of income allocable to a

21  shareholder subject to the Personal Property Tax

22  Replacement Income Tax imposed by subsections (c) and

23  (d) of Section 201 of this Act, including amounts

24  allocable to organizations exempt from federal income

25  tax by reason of Section 501(a) of the Internal

26  Revenue Code. This subparagraph (S) is exempt from the
    SB3019 Enrolled              - 1032 - LRB104 20255 HLH 33706 b

1   provisions of Section 250;

2   (T) For taxable years 2001 and thereafter, for the

3   taxable year in which the bonus depreciation deduction

4   is taken on the taxpayer's federal income tax return

5   under subsection (k) or (n) of Section 168 of the

6   Internal Revenue Code and for each applicable taxable

7   year thereafter, an amount equal to "x", where:

8                    (1) "y" equals the amount of the depreciation

9   deduction taken for the taxable year on the

10  taxpayer's federal income tax return on property

11  for which the bonus depreciation deduction was

12  taken in any year under subsection (k) or (n) of

13  Section 168 of the Internal Revenue Code, but not

14  including the bonus depreciation deduction;

15                   (2) for taxable years ending on or before

16  December 31, 2005, "x" equals "y" multiplied by 30

17  and then divided by 70 (or "y" multiplied by

18  0.429); and

19                   (3) for taxable years ending after December

20  31, 2005:

21                   (i) for property on which a bonus

22                   depreciation deduction of 30% of the adjusted

23                   basis was taken, "x" equals "y" multiplied by

24                   30 and then divided by 70 (or "y" multiplied

25                   by 0.429);

26                   (ii) for property on which a bonus
    SB3019 Enrolled        - 1033 - LRB104 20255 HLH 33706 b

1                    depreciation deduction of 50% of the adjusted

2                    basis was taken, "x" equals "y" multiplied by

3                    1.0;

4                    (iii) for property on which a bonus

5                    depreciation deduction of 100% of the adjusted

6                    basis was taken in a taxable year ending on or

7                    after December 31, 2021, "x" equals the

8                    depreciation deduction that would be allowed

9                    on that property if the taxpayer had made the

10                   election under Section 168(k)(7) or Section

11                   168(n)(6) of the Internal Revenue Code to not

12                   claim bonus depreciation on that property; and

13                   (iv) for property on which a bonus

14                   depreciation deduction of a percentage other

15                   than 30%, 50% or 100% of the adjusted basis

16                   was taken in a taxable year ending on or after

17                   December 31, 2021, "x" equals "y" multiplied

18                   by 100 times the percentage bonus depreciation

19                   on the property (that is, 100(bonus%)) and

20                   then divided by 100 times 1 minus the

21                   percentage bonus depreciation on the property

22                   (that is, 100(1-bonus%)).

23  The aggregate amount deducted under this

24  subparagraph in all taxable years for any one piece of

25  property may not exceed the amount of the bonus

26  depreciation deduction taken on that property on the
    SB3019 Enrolled  - 1034 - LRB104 20255 HLH 33706 b

1   taxpayer's federal income tax return under subsection

2   (k) or (n) of Section 168 of the Internal Revenue Code.

3   This subparagraph (T) is exempt from the provisions of

4   Section 250;

5   (U) If the taxpayer sells, transfers, abandons, or

6   otherwise disposes of property for which the taxpayer

7   was required in any taxable year to make an addition

8   modification under subparagraph (E-10), then an amount

9   equal to that addition modification.

10  If the taxpayer continues to own property through

11  the last day of the last tax year for which a

12  subtraction is allowed with respect to that property

13  under subparagraph (T) and for which the taxpayer was

14  required in any taxable year to make an addition

15  modification under subparagraph (E-10), then an amount

16  equal to that addition modification.

17  The taxpayer is allowed to take the deduction

18  under this subparagraph only once with respect to any

19  one piece of property.

20  This subparagraph (U) is exempt from the

21  provisions of Section 250;

22  (V) The amount of: (i) any interest income (net of

23  the deductions allocable thereto) taken into account

24  for the taxable year with respect to a transaction

25  with a taxpayer that is required to make an addition

26  modification with respect to such transaction under
    SB3019 Enrolled  - 1035 - LRB104 20255 HLH 33706 b

1   Section          203(a)(2)(D-17),    203(b)(2)(E-12),

2   203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

3   the amount of such addition modification, (ii) any

4   income from intangible property (net of the deductions

5   allocable thereto) taken into account for the taxable

6   year with respect to a transaction with a taxpayer

7   that is required to make an addition modification with

8   respect to such transaction under Section

9   203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

10  203(d)(2)(D-8), but not to exceed the amount of such

11  addition modification, and (iii) any insurance premium

12  income (net of deductions allocable thereto) taken

13  into account for the taxable year with respect to a

14  transaction with a taxpayer that is required to make

15  an addition modification with respect to such

16  transaction under Section 203(a)(2)(D-19), Section

17  203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section

18  203(d)(2)(D-9), but not to exceed the amount of that

19  addition modification. This subparagraph (V) is exempt

20  from the provisions of Section 250;

21  (W) An amount equal to the interest income taken

22  into account for the taxable year (net of the

23  deductions allocable thereto) with respect to

24  transactions with (i) a foreign person who would be a

25  member of the taxpayer's unitary business group but

26  for the fact that the foreign person's business
    SB3019 Enrolled  - 1036 - LRB104 20255 HLH 33706 b

1   activity outside the United States is 80% or more of

2   that person's total business activity and (ii) for

3   taxable years ending on or after December 31, 2008, to

4   a person who would be a member of the same unitary

5   business group but for the fact that the person is

6   prohibited under Section 1501(a)(27) from being

7   included in the unitary business group because he or

8   she is ordinarily required to apportion business

9   income under different subsections of Section 304, but

10  not to exceed the addition modification required to be

11  made for the same taxable year under Section

12  203(b)(2)(E-12) for interest paid, accrued, or

13  incurred, directly or indirectly, to the same person.

14  This subparagraph (W) is exempt from the provisions of

15  Section 250;

16  (X) An amount equal to the income from intangible

17  property taken into account for the taxable year (net

18  of the deductions allocable thereto) with respect to

19  transactions with (i) a foreign person who would be a

20  member of the taxpayer's unitary business group but

21  for the fact that the foreign person's business

22  activity outside the United States is 80% or more of

23  that person's total business activity and (ii) for

24  taxable years ending on or after December 31, 2008, to

25  a person who would be a member of the same unitary

26  business group but for the fact that the person is
    SB3019 Enrolled  - 1037 - LRB104 20255 HLH 33706 b

1   prohibited under Section 1501(a)(27) from being

2   included in the unitary business group because he or

3   she is ordinarily required to apportion business

4   income under different subsections of Section 304, but

5   not to exceed the addition modification required to be

6   made for the same taxable year under Section

7   203(b)(2)(E-13) for intangible expenses and costs

8   paid, accrued, or incurred, directly or indirectly, to

9   the same foreign person. This subparagraph (X) is

10  exempt from the provisions of Section 250;

11  (Y) For taxable years ending on or after December

12  31, 2011, in the case of a taxpayer who was required to

13  add back any insurance premiums under Section

14  203(b)(2)(E-14), such taxpayer may elect to subtract

15  that part of a reimbursement received from the

16  insurance company equal to the amount of the expense

17  or loss (including expenses incurred by the insurance

18  company) that would have been taken into account as a

19  deduction for federal income tax purposes if the

20  expense or loss had been uninsured. If a taxpayer

21  makes the election provided for by this subparagraph

22  (Y), the insurer to which the premiums were paid must

23  add back to income the amount subtracted by the

24  taxpayer pursuant to this subparagraph (Y). This

25  subparagraph (Y) is exempt from the provisions of

26  Section 250;
    SB3019 Enrolled  - 1038 - LRB104 20255 HLH 33706 b

1   (Z) The difference between the nondeductible

2   controlled foreign corporation dividends under Section

3   965(e)(3) of the Internal Revenue Code over the

4   taxable income of the taxpayer, computed without

5   regard to Section 965(e)(2)(A) of the Internal Revenue

6   Code, and without regard to any net operating loss

7   deduction. This subparagraph (Z) is exempt from the

8   provisions of Section 250; and

9   (AA) For taxable years beginning on or after

10  January 1, 2023, for any cannabis establishment

11  operating in this State and licensed under the

12  Cannabis Regulation and Tax Act or any cannabis

13  cultivation center or medical cannabis dispensing

14  organization operating in this State and licensed

15  under the Compassionate Use of Medical Cannabis

16  Program Act, an amount equal to the deductions that

17  were disallowed under Section 280E of the Internal

18  Revenue Code for the taxable year and that would not be

19  added back under this subsection. The provisions of

20  this subparagraph (AA) are exempt from the provisions

21  of Section 250.

22  (3) Special rule. For purposes of paragraph (2)(A),

23  "gross income" in the case of a life insurance company,

24  for tax years ending on and after December 31, 1994, and

25  prior to December 31, 2011, shall mean the gross

26  investment income for the taxable year and, for tax years
    SB3019 Enrolled          - 1039 - LRB104 20255 HLH 33706 b

1   ending on or after December 31, 2011, shall mean all

2   amounts included in life insurance gross income under

3   Section 803(a)(3) of the Internal Revenue Code.

4   (c) Trusts and estates.

5   (1) In general. In the case of a trust or estate, base

6   income means an amount equal to the taxpayer's taxable

7   income for the taxable year as modified by paragraph (2).

8   (2) Modifications. Subject to the provisions of

9   paragraph (3), the taxable income referred to in paragraph

10  (1) shall be modified by adding thereto the sum of the

11  following amounts:

12  (A) An amount equal to all amounts paid or accrued

13  to the taxpayer as interest or dividends during the

14  taxable year to the extent excluded from gross income

15  in the computation of taxable income;

16  (B) In the case of (i) an estate, $600; (ii) a

17  trust which, under its governing instrument, is

18  required to distribute all of its income currently,

19  $300; and (iii) any other trust, $100, but in each such

20  case, only to the extent such amount was deducted in

21  the computation of taxable income;

22  (C) An amount equal to the amount of tax imposed by

23  this Act to the extent deducted from gross income in

24  the computation of taxable income for the taxable

25  year;
    SB3019 Enrolled   - 1040 - LRB104 20255 HLH 33706 b

1   (D) The amount of any net operating loss deduction

2   taken in arriving at taxable income, other than a net

3   operating loss carried forward from a taxable year

4   ending prior to December 31, 1986;

5   (E) For taxable years in which a net operating

6   loss carryback or carryforward from a taxable year

7   ending prior to December 31, 1986 is an element of

8   taxable income under paragraph (1) of subsection (e)

9   or subparagraph (E) of paragraph (2) of subsection

10  (e), the amount by which addition modifications other

11  than those provided by this subparagraph (E) exceeded

12  subtraction modifications in such taxable year, with

13  the following limitations applied in the order that

14  they are listed:

15                   (i) the addition modification relating to the

16  net operating loss carried back or forward to the

17  taxable year from any taxable year ending prior to

18  December 31, 1986 shall be reduced by the amount

19  of addition modification under this subparagraph

20  (E) which related to that net operating loss and

21  which was taken into account in calculating the

22  base income of an earlier taxable year, and

23                   (ii) the addition modification relating to the

24  net operating loss carried back or forward to the

25  taxable year from any taxable year ending prior to

26  December 31, 1986 shall not exceed the amount of
    SB3019 Enrolled  - 1041 - LRB104 20255 HLH 33706 b

1   such carryback or carryforward;

2   For taxable years in which there is a net

3   operating loss carryback or carryforward from more

4   than one other taxable year ending prior to December

5   31, 1986, the addition modification provided in this

6   subparagraph (E) shall be the sum of the amounts

7   computed independently under the preceding provisions

8   of this subparagraph (E) for each such taxable year;

9   (F) For taxable years ending on or after January

10  1, 1989, an amount equal to the tax deducted pursuant

11  to Section 164 of the Internal Revenue Code if the

12  trust or estate is claiming the same tax for purposes

13  of the Illinois foreign tax credit under Section 601

14  of this Act;

15  (G) An amount equal to the amount of the capital

16  gain deduction allowable under the Internal Revenue

17  Code, to the extent deducted from gross income in the

18  computation of taxable income;

19  (G-5) For taxable years ending after December 31,

20  1997, an amount equal to any eligible remediation

21  costs that the trust or estate deducted in computing

22  adjusted gross income and for which the trust or

23  estate claims a credit under subsection (l) of Section

24  201;

25  (G-10) For taxable years 2001 through 2025, an

26  amount equal to the bonus depreciation deduction taken
    SB3019 Enrolled  - 1042 - LRB104 20255 HLH 33706 b

1   on the taxpayer's federal income tax return for the

2   taxable year under subsection (k) of Section 168 of

3   the Internal Revenue Code; for taxable years 2026 and

4   thereafter, an amount equal to the bonus depreciation

5   deduction taken on the taxpayer's federal income tax

6   return for the taxable year under subsection (k) or

7   (n) of Section 168 of the Internal Revenue Code; and

8   (G-11) If the taxpayer sells, transfers, abandons,

9   or otherwise disposes of property for which the

10  taxpayer was required in any taxable year to make an

11  addition modification under subparagraph (G-10), then

12  an amount equal to the aggregate amount of the

13  deductions taken in all taxable years under

14  subparagraph (R) with respect to that property.

15  If the taxpayer continues to own property through

16  the last day of the last tax year for which a

17  subtraction is allowed with respect to that property

18  under subparagraph (R) and for which the taxpayer was

19  allowed in any taxable year to make a subtraction

20  modification under subparagraph (R), then an amount

21  equal to that subtraction modification.

22  The taxpayer is required to make the addition

23  modification under this subparagraph only once with

24  respect to any one piece of property;

25  (G-12) An amount equal to the amount otherwise

26  allowed as a deduction in computing base income for
    SB3019 Enrolled  - 1043 - LRB104 20255 HLH 33706 b

1   interest paid, accrued, or incurred, directly or

2   indirectly, (i) for taxable years ending on or after

3   December 31, 2004, to a foreign person who would be a

4   member of the same unitary business group but for the

5   fact that the foreign person's business activity

6   outside the United States is 80% or more of the foreign

7   person's total business activity and (ii) for taxable

8   years ending on or after December 31, 2008, to a person

9   who would be a member of the same unitary business

10  group but for the fact that the person is prohibited

11  under Section 1501(a)(27) from being included in the

12  unitary business group because he or she is ordinarily

13  required to apportion business income under different

14  subsections of Section 304. The addition modification

15  required by this subparagraph shall be reduced to the

16  extent that dividends were included in base income of

17  the unitary group for the same taxable year and

18  received by the taxpayer or by a member of the

19  taxpayer's unitary business group (including amounts

20  included in gross income pursuant to Sections 951

21  through 964 of the Internal Revenue Code and amounts

22  included in gross income under Section 78 of the

23  Internal Revenue Code) with respect to the stock of

24  the same person to whom the interest was paid,

25  accrued, or incurred. For taxable years ending on and

26  after December 31, 2025, for purposes of applying this
    SB3019 Enrolled  - 1044 - LRB104 20255 HLH 33706 b

1   paragraph in the case of a taxpayer to which Section

2   163(j) of the Internal Revenue Code applies for the

3   taxable year, the reduction in the amount of interest

4   for which a deduction is allowed by reason of Section

5   163(j) shall be treated as allocable first to persons

6   who are not foreign persons referred to in this

7   paragraph and then to such foreign persons.

8   For taxable years ending before December 31, 2025,

9   this paragraph shall not apply to the following:

10                   (i) an item of interest paid, accrued, or

11  incurred, directly or indirectly, to a person who

12  is subject in a foreign country or state, other

13  than a state which requires mandatory unitary

14  reporting, to a tax on or measured by net income

15  with respect to such interest; or

16                   (ii) an item of interest paid, accrued, or

17  incurred, directly or indirectly, to a person if

18  the taxpayer can establish, based on a

19  preponderance of the evidence, both of the

20  following:

21                   (a) the person, during the same taxable

22                   year, paid, accrued, or incurred, the interest

23                   to a person that is not a related member, and

24                   (b) the transaction giving rise to the

25                   interest expense between the taxpayer and the

26                   person did not have as a principal purpose the
    SB3019 Enrolled             - 1045 - LRB104 20255 HLH 33706 b

1                    avoidance of Illinois income tax, and is paid

2                    pursuant to a contract or agreement that

3                    reflects an arm's-length interest rate and

4                    terms; or

5                    (iii) the taxpayer can establish, based on

6   clear and convincing evidence, that the interest

7   paid, accrued, or incurred relates to a contract

8   or agreement entered into at arm's-length rates

9   and terms and the principal purpose for the

10  payment is not federal or Illinois tax avoidance;

11  or

12                   (iv) an item of interest paid, accrued, or

13  incurred, directly or indirectly, to a person if

14  the taxpayer establishes by clear and convincing

15  evidence that the adjustments are unreasonable; or

16  if the taxpayer and the Director agree in writing

17  to the application or use of an alternative method

18  of apportionment under Section 304(f).

19  For taxable years ending on or after December 31,

20  2025, this paragraph shall not apply to the following:

21                   (i) an item of interest paid, accrued, or

22  incurred, directly or indirectly, to a person if

23  the taxpayer can establish, based on a

24  preponderance of the evidence, both of the

25  following:

26                   (a) the person, during the same taxable
    SB3019 Enrolled             - 1046 - LRB104 20255 HLH 33706 b

1                    year, paid, accrued, or incurred, the interest

2                    to a person that is not a related member, and

3                    (b) the transaction giving rise to the

4                    interest expense between the taxpayer and the

5                    person did not have as a principal purpose the

6                    avoidance of Illinois income tax, and is paid

7                    pursuant to a contract or agreement that

8                    reflects an arm's-length interest rate and

9                    terms; or

10                   (ii) an item of interest paid, accrued, or

11  incurred, directly or indirectly, to a person if

12  the taxpayer establishes by clear and convincing

13  evidence that the adjustments are unreasonable; or

14  if the taxpayer and the Director agree in writing

15  to the application or use of an alternative method

16  of apportionment under Section 304(f).

17  Nothing in this subsection shall preclude the

18  Director from making any other adjustment otherwise

19  allowed under Section 404 of this Act for any tax year

20  beginning after the effective date of this amendment

21  provided such adjustment is made pursuant to

22  regulation adopted by the Department and such

23  regulations provide methods and standards by which the

24  Department will utilize its authority under Section

25  404 of this Act;

26  (G-13) An amount equal to the amount of intangible
    SB3019 Enrolled  - 1047 - LRB104 20255 HLH 33706 b

1   expenses and costs otherwise allowed as a deduction in

2   computing base income, and that were paid, accrued, or

3   incurred, directly or indirectly, (i) for taxable

4   years ending on or after December 31, 2004, to a

5   foreign person who would be a member of the same

6   unitary business group but for the fact that the

7   foreign person's business activity outside the United

8   States is 80% or more of that person's total business

9   activity and (ii) for taxable years ending on or after

10  December 31, 2008, to a person who would be a member of

11  the same unitary business group but for the fact that

12  the person is prohibited under Section 1501(a)(27)

13  from being included in the unitary business group

14  because he or she is ordinarily required to apportion

15  business income under different subsections of Section

16  304. The addition modification required by this

17  subparagraph shall be reduced to the extent that

18  dividends were included in base income of the unitary

19  group for the same taxable year and received by the

20  taxpayer or by a member of the taxpayer's unitary

21  business group (including amounts included in gross

22  income pursuant to Sections 951 through 964 of the

23  Internal Revenue Code and amounts included in gross

24  income under Section 78 of the Internal Revenue Code)

25  with respect to the stock of the same person to whom

26  the intangible expenses and costs were directly or
    SB3019 Enrolled  - 1048 - LRB104 20255 HLH 33706 b

1   indirectly paid, incurred, or accrued. The preceding

2   sentence shall not apply to the extent that the same

3   dividends caused a reduction to the addition

4   modification required under Section 203(c)(2)(G-12) of

5   this Act. As used in this subparagraph, the term

6   "intangible expenses and costs" includes: (1)

7   expenses, losses, and costs for or related to the

8   direct or indirect acquisition, use, maintenance or

9   management, ownership, sale, exchange, or any other

10  disposition of intangible property; (2) losses

11  incurred, directly or indirectly, from factoring

12  transactions or discounting transactions; (3) royalty,

13  patent, technical, and copyright fees; (4) licensing

14  fees; and (5) other similar expenses and costs. For

15  purposes of this subparagraph, "intangible property"

16  includes patents, patent applications, trade names,

17  trademarks, service marks, copyrights, mask works,

18  trade secrets, and similar types of intangible assets.

19  For taxable years ending before December 31, 2025,

20  this paragraph shall not apply to the following:

21                   (i) any item of intangible expenses or costs

22  paid, accrued, or incurred, directly or

23  indirectly, from a transaction with a person who

24  is subject in a foreign country or state, other

25  than a state which requires mandatory unitary

26  reporting, to a tax on or measured by net income
    SB3019 Enrolled      - 1049 - LRB104 20255 HLH 33706 b

1   with respect to such item; or

2                    (ii) any item of intangible expense or cost

3   paid, accrued, or incurred, directly or

4   indirectly, if the taxpayer can establish, based

5   on a preponderance of the evidence, both of the

6   following:

7                        (a) the person during the same taxable

8                    year paid, accrued, or incurred, the

9                    intangible expense or cost to a person that is

10                   not a related member, and

11                       (b) the transaction giving rise to the

12                   intangible expense or cost between the

13                   taxpayer and the person did not have as a

14                   principal purpose the avoidance of Illinois

15                   income tax, and is paid pursuant to a contract

16                   or agreement that reflects arm's-length terms;

17                   or

18                   (iii) any item of intangible expense or cost

19  paid, accrued, or incurred, directly or

20  indirectly, from a transaction with a person if

21  the taxpayer establishes by clear and convincing

22  evidence, that the adjustments are unreasonable;

23  or if the taxpayer and the Director agree in

24  writing to the application or use of an

25  alternative method of apportionment under Section

26  304(f);
    SB3019 Enrolled      - 1050 - LRB104 20255 HLH 33706 b

1   For taxable years ending on or after December 31,

2   2025, this paragraph shall not apply to the following:

3                    (i) any item of intangible expense or cost

4   paid, accrued, or incurred, directly or

5   indirectly, if the taxpayer can establish, based

6   on a preponderance of the evidence, both of the

7   following:

8                        (a) the person during the same taxable

9                    year paid, accrued, or incurred, the

10                   intangible expense or cost to a person that is

11                   not a related member, and

12                       (b) the transaction giving rise to the

13                   intangible expense or cost between the

14                   taxpayer and the person did not have as a

15                   principal purpose the avoidance of Illinois

16                   income tax, and is paid pursuant to a contract

17                   or agreement that reflects arm's-length terms;

18                   or

19                   (ii) any item of intangible expense or cost

20  paid, accrued, or incurred, directly or

21  indirectly, from a transaction with a person if

22  the taxpayer establishes by clear and convincing

23  evidence, that the adjustments are unreasonable;

24  or if the taxpayer and the Director agree in

25  writing to the application or use of an

26  alternative method of apportionment under Section
    SB3019 Enrolled   - 1051 - LRB104 20255 HLH 33706 b

1   304(f).

2   Nothing in this subsection shall preclude the

3   Director from making any other adjustment otherwise

4   allowed under Section 404 of this Act for any tax year

5   beginning after the effective date of this amendment

6   provided such adjustment is made pursuant to

7   regulation adopted by the Department and such

8   regulations provide methods and standards by which the

9   Department will utilize its authority under Section

10  404 of this Act;

11  (G-14) For taxable years ending on or after

12  December 31, 2008, an amount equal to the amount of

13  insurance premium expenses and costs otherwise allowed

14  as a deduction in computing base income, and that were

15  paid, accrued, or incurred, directly or indirectly, to

16  a person who would be a member of the same unitary

17  business group but for the fact that the person is

18  prohibited under Section 1501(a)(27) from being

19  included in the unitary business group because he or

20  she is ordinarily required to apportion business

21  income under different subsections of Section 304. The

22  addition modification required by this subparagraph

23  shall be reduced to the extent that dividends were

24  included in base income of the unitary group for the

25  same taxable year and received by the taxpayer or by a

26  member of the taxpayer's unitary business group
    SB3019 Enrolled  - 1052 - LRB104 20255 HLH 33706 b

1   (including amounts included in gross income under

2   Sections 951 through 964 of the Internal Revenue Code

3   and amounts included in gross income under Section 78

4   of the Internal Revenue Code) with respect to the

5   stock of the same person to whom the premiums and costs

6   were directly or indirectly paid, incurred, or

7   accrued. The preceding sentence does not apply to the

8   extent that the same dividends caused a reduction to

9   the addition modification required under Section

10  203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this

11  Act;

12  (G-15) An amount equal to the credit allowable to

13  the taxpayer under Section 218(a) of this Act,

14  determined without regard to Section 218(c) of this

15  Act;

16  (G-16) For taxable years ending on or after

17  December 31, 2017, an amount equal to the deduction

18  allowed under Section 199 of the Internal Revenue Code

19  for the taxable year;

20  (G-17) the amount that is claimed as a federal

21  deduction when computing the taxpayer's federal

22  taxable income for the taxable year and that is

23  attributable to an endowment gift for which the

24  taxpayer receives a credit under the Illinois Gives

25  Tax Credit Act;

26  (G-18) For taxable years ending on and after
    SB3019 Enrolled     - 1053 - LRB104 20255 HLH 33706 b

1   December 31, 2026, an amount equal to the amount of

2   gain excluded from gross income under Section 1202 of

3   the Internal Revenue Code;

4   and by deducting from the total so obtained the sum of the

5   following amounts:

6   (H) An amount equal to all amounts included in

7   such total pursuant to the provisions of Sections

8   402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408

9   of the Internal Revenue Code or included in such total

10  as distributions under the provisions of any

11  retirement or disability plan for employees of any

12  governmental agency or unit, or retirement payments to

13  retired partners, which payments are excluded in

14  computing net earnings from self employment by Section

15  1402 of the Internal Revenue Code and regulations

16  adopted pursuant thereto;

17  (I) The valuation limitation amount;

18  (J) An amount equal to the amount of any tax

19  imposed by this Act which was refunded to the taxpayer

20  and included in such total for the taxable year;

21  (K) An amount equal to all amounts included in

22  taxable income as modified by subparagraphs (A), (B),

23  (C), (D), (E), (F) and (G) which are exempt from

24  taxation by this State either by reason of its

25  statutes or Constitution or by reason of the

26  Constitution, treaties or statutes of the United
    SB3019 Enrolled  - 1054 - LRB104 20255 HLH 33706 b

1   States; provided that, in the case of any statute of

2   this State that exempts income derived from bonds or

3   other obligations from the tax imposed under this Act,

4   the amount exempted shall be the interest net of bond

5   premium amortization;

6   (L) With the exception of any amounts subtracted

7   under subparagraph (K), an amount equal to the sum of

8   all amounts disallowed as deductions by (i) Sections

9   171(a)(2) and 265(a)(2) of the Internal Revenue Code,

10  and all amounts of expenses allocable to interest and

11  disallowed as deductions by Section 265(a)(1) of the

12  Internal Revenue Code; and (ii) for taxable years

13  ending on or after August 13, 1999, Sections

14  171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

15  Internal Revenue Code, plus, (iii) for taxable years

16  ending on or after December 31, 2011, Section

17  45G(e)(3) of the Internal Revenue Code and, for

18  taxable years ending on or after December 31, 2008,

19  any amount included in gross income under Section 87

20  of the Internal Revenue Code; the provisions of this

21  subparagraph are exempt from the provisions of Section

22  250;

23  (M) An amount equal to those dividends included in

24  such total which were paid by a corporation which

25  conducts business operations in a River Edge

26  Redevelopment Zone or zones created under the River
    SB3019 Enrolled  - 1055 - LRB104 20255 HLH 33706 b

1   Edge Redevelopment Zone Act and conducts substantially

2   all of its operations in a River Edge Redevelopment

3   Zone or zones. This subparagraph (M) is exempt from

4   the provisions of Section 250;

5   (N) An amount equal to any contribution made to a

6   job training project established pursuant to the Tax

7   Increment Allocation Redevelopment Act;

8   (O) An amount equal to those dividends included in

9   such total that were paid by a corporation that

10  conducts business operations in a federally designated

11  Foreign Trade Zone or Sub-Zone and that is designated

12  a High Impact Business located in Illinois; provided

13  that dividends eligible for the deduction provided in

14  subparagraph (M) of paragraph (2) of this subsection

15  shall not be eligible for the deduction provided under

16  this subparagraph (O);

17  (P) An amount equal to the amount of the deduction

18  used to compute the federal income tax credit for

19  restoration of substantial amounts held under claim of

20  right for the taxable year pursuant to Section 1341 of

21  the Internal Revenue Code;

22  (Q) For taxable year 1999 and thereafter, an

23  amount equal to the amount of any (i) distributions,

24  to the extent includible in gross income for federal

25  income tax purposes, made to the taxpayer because of

26  his or her status as a victim of persecution for racial
    SB3019 Enrolled  - 1056 - LRB104 20255 HLH 33706 b

1   or religious reasons by Nazi Germany or any other Axis

2   regime or as an heir of the victim and (ii) items of

3   income, to the extent includible in gross income for

4   federal income tax purposes, attributable to, derived

5   from or in any way related to assets stolen from,

6   hidden from, or otherwise lost to a victim of

7   persecution for racial or religious reasons by Nazi

8   Germany or any other Axis regime immediately prior to,

9   during, and immediately after World War II, including,

10  but not limited to, interest on the proceeds

11  receivable as insurance under policies issued to a

12  victim of persecution for racial or religious reasons

13  by Nazi Germany or any other Axis regime by European

14  insurance companies immediately prior to and during

15  World War II; provided, however, this subtraction from

16  federal adjusted gross income does not apply to assets

17  acquired with such assets or with the proceeds from

18  the sale of such assets; provided, further, this

19  paragraph shall only apply to a taxpayer who was the

20  first recipient of such assets after their recovery

21  and who is a victim of persecution for racial or

22  religious reasons by Nazi Germany or any other Axis

23  regime or as an heir of the victim. The amount of and

24  the eligibility for any public assistance, benefit, or

25  similar entitlement is not affected by the inclusion

26  of items (i) and (ii) of this paragraph in gross income
    SB3019 Enrolled              - 1057 - LRB104 20255 HLH 33706 b

1   for federal income tax purposes. This paragraph is

2   exempt from the provisions of Section 250;

3   (R) For taxable years 2001 and thereafter, for the

4   taxable year in which the bonus depreciation deduction

5   is taken on the taxpayer's federal income tax return

6   under subsection (k) or (n) of Section 168 of the

7   Internal Revenue Code and for each applicable taxable

8   year thereafter, an amount equal to "x", where:

9                    (1) "y" equals the amount of the depreciation

10  deduction taken for the taxable year on the

11  taxpayer's federal income tax return on property

12  for which the bonus depreciation deduction was

13  taken in any year under subsection (k) or (n) of

14  Section 168 of the Internal Revenue Code, but not

15  including the bonus depreciation deduction;

16                   (2) for taxable years ending on or before

17  December 31, 2005, "x" equals "y" multiplied by 30

18  and then divided by 70 (or "y" multiplied by

19  0.429); and

20                   (3) for taxable years ending after December

21  31, 2005:

22                   (i) for property on which a bonus

23                   depreciation deduction of 30% of the adjusted

24                   basis was taken, "x" equals "y" multiplied by

25                   30 and then divided by 70 (or "y" multiplied

26                   by 0.429);
    SB3019 Enrolled        - 1058 - LRB104 20255 HLH 33706 b

1                    (ii) for property on which a bonus

2                    depreciation deduction of 50% of the adjusted

3                    basis was taken, "x" equals "y" multiplied by

4                    1.0;

5                    (iii) for property on which a bonus

6                    depreciation deduction of 100% of the adjusted

7                    basis was taken in a taxable year ending on or

8                    after December 31, 2021, "x" equals the

9                    depreciation deduction that would be allowed

10                   on that property if the taxpayer had made the

11                   election under Section 168(k)(7) or Section

12                   168(n)(6) of the Internal Revenue Code to not

13                   claim bonus depreciation on that property; and

14                   (iv) for property on which a bonus

15                   depreciation deduction of a percentage other

16                   than 30%, 50% or 100% of the adjusted basis

17                   was taken in a taxable year ending on or after

18                   December 31, 2021, "x" equals "y" multiplied

19                   by 100 times the percentage bonus depreciation

20                   on the property (that is, 100(bonus%)) and

21                   then divided by 100 times 1 minus the

22                   percentage bonus depreciation on the property

23                   (that is, 100(1-bonus%)).

24  The aggregate amount deducted under this

25  subparagraph in all taxable years for any one piece of

26  property may not exceed the amount of the bonus
    SB3019 Enrolled  - 1059 - LRB104 20255 HLH 33706 b

1   depreciation deduction taken on that property on the

2   taxpayer's federal income tax return under subsection

3   (k) or (n) of Section 168 of the Internal Revenue Code.

4   This subparagraph (R) is exempt from the provisions of

5   Section 250;

6   (S) If the taxpayer sells, transfers, abandons, or

7   otherwise disposes of property for which the taxpayer

8   was required in any taxable year to make an addition

9   modification under subparagraph (G-10), then an amount

10  equal to that addition modification.

11  If the taxpayer continues to own property through

12  the last day of the last tax year for which a

13  subtraction is allowed with respect to that property

14  under subparagraph (R) and for which the taxpayer was

15  required in any taxable year to make an addition

16  modification under subparagraph (G-10), then an amount

17  equal to that addition modification.

18  The taxpayer is allowed to take the deduction

19  under this subparagraph only once with respect to any

20  one piece of property.

21  This subparagraph (S) is exempt from the

22  provisions of Section 250;

23  (T) The amount of (i) any interest income (net of

24  the deductions allocable thereto) taken into account

25  for the taxable year with respect to a transaction

26  with a taxpayer that is required to make an addition
    SB3019 Enrolled  - 1060 - LRB104 20255 HLH 33706 b

1   modification with respect to such transaction under

2   Section          203(a)(2)(D-17),    203(b)(2)(E-12),

3   203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

4   the amount of such addition modification and (ii) any

5   income from intangible property (net of the deductions

6   allocable thereto) taken into account for the taxable

7   year with respect to a transaction with a taxpayer

8   that is required to make an addition modification with

9   respect to such transaction under Section

10  203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

11  203(d)(2)(D-8), but not to exceed the amount of such

12  addition modification. This subparagraph (T) is exempt

13  from the provisions of Section 250;

14  (U) An amount equal to the interest income taken

15  into account for the taxable year (net of the

16  deductions allocable thereto) with respect to

17  transactions with (i) a foreign person who would be a

18  member of the taxpayer's unitary business group but

19  for the fact the foreign person's business activity

20  outside the United States is 80% or more of that

21  person's total business activity and (ii) for taxable

22  years ending on or after December 31, 2008, to a person

23  who would be a member of the same unitary business

24  group but for the fact that the person is prohibited

25  under Section 1501(a)(27) from being included in the

26  unitary business group because he or she is ordinarily
    SB3019 Enrolled  - 1061 - LRB104 20255 HLH 33706 b

1   required to apportion business income under different

2   subsections of Section 304, but not to exceed the

3   addition modification required to be made for the same

4   taxable year under Section 203(c)(2)(G-12) for

5   interest paid, accrued, or incurred, directly or

6   indirectly, to the same person. This subparagraph (U)

7   is exempt from the provisions of Section 250;

8   (V) An amount equal to the income from intangible

9   property taken into account for the taxable year (net

10  of the deductions allocable thereto) with respect to

11  transactions with (i) a foreign person who would be a

12  member of the taxpayer's unitary business group but

13  for the fact that the foreign person's business

14  activity outside the United States is 80% or more of

15  that person's total business activity and (ii) for

16  taxable years ending on or after December 31, 2008, to

17  a person who would be a member of the same unitary

18  business group but for the fact that the person is

19  prohibited under Section 1501(a)(27) from being

20  included in the unitary business group because he or

21  she is ordinarily required to apportion business

22  income under different subsections of Section 304, but

23  not to exceed the addition modification required to be

24  made for the same taxable year under Section

25  203(c)(2)(G-13) for intangible expenses and costs

26  paid, accrued, or incurred, directly or indirectly, to
    SB3019 Enrolled    - 1062 - LRB104 20255 HLH 33706 b

1   the same foreign person. This subparagraph (V) is

2   exempt from the provisions of Section 250;

3   (W) in the case of an estate, an amount equal to

4   all amounts included in such total pursuant to the

5   provisions of Section 111 of the Internal Revenue Code

6   as a recovery of items previously deducted by the

7   decedent from adjusted gross income in the computation

8   of taxable income. This subparagraph (W) is exempt

9   from Section 250;

10  (X) an amount equal to the refund included in such

11  total of any tax deducted for federal income tax

12  purposes, to the extent that deduction was added back

13  under subparagraph (F). This subparagraph (X) is

14  exempt from the provisions of Section 250;

15  (Y) For taxable years ending on or after December

16  31, 2011, in the case of a taxpayer who was required to

17  add back any insurance premiums under Section

18  203(c)(2)(G-14), such taxpayer may elect to subtract

19  that part of a reimbursement received from the

20  insurance company equal to the amount of the expense

21  or loss (including expenses incurred by the insurance

22  company) that would have been taken into account as a

23  deduction for federal income tax purposes if the

24  expense or loss had been uninsured. If a taxpayer

25  makes the election provided for by this subparagraph

26  (Y), the insurer to which the premiums were paid must
    SB3019 Enrolled  - 1063 - LRB104 20255 HLH 33706 b

1   add back to income the amount subtracted by the

2   taxpayer pursuant to this subparagraph (Y). This

3   subparagraph (Y) is exempt from the provisions of

4   Section 250;

5   (Z) For taxable years beginning after December 31,

6   2018, the amount of excess business loss of the

7   taxpayer disallowed as a deduction by Section

8   461(l)(1)(B) of the Internal Revenue Code; and

9   (AA) For taxable years beginning on or after

10  January 1, 2023, for any cannabis establishment

11  operating in this State and licensed under the

12  Cannabis Regulation and Tax Act or any cannabis

13  cultivation center or medical cannabis dispensing

14  organization operating in this State and licensed

15  under the Compassionate Use of Medical Cannabis

16  Program Act, an amount equal to the deductions that

17  were disallowed under Section 280E of the Internal

18  Revenue Code for the taxable year and that would not be

19  added back under this subsection. The provisions of

20  this subparagraph (AA) are exempt from the provisions

21  of Section 250.

22  (3) Limitation. The amount of any modification

23  otherwise required under this subsection shall, under

24  regulations prescribed by the Department, be adjusted by

25  any amounts included therein which were properly paid,

26  credited, or required to be distributed, or permanently
    SB3019 Enrolled    - 1064 - LRB104 20255 HLH 33706 b

1   set aside for charitable purposes pursuant to Internal

2   Revenue Code Section 642(c) during the taxable year.

3   (d) Partnerships.

4   (1) In general. In the case of a partnership, base

5   income means an amount equal to the taxpayer's taxable

6   income for the taxable year as modified by paragraph (2).

7   (2) Modifications. The taxable income referred to in

8   paragraph (1) shall be modified by adding thereto the sum

9   of the following amounts:

10  (A) An amount equal to all amounts paid or accrued

11  to the taxpayer as interest or dividends during the

12  taxable year to the extent excluded from gross income

13  in the computation of taxable income;

14  (B) An amount equal to the amount of tax imposed by

15  this Act to the extent deducted from gross income for

16  the taxable year;

17  (C) The amount of deductions allowed to the

18  partnership pursuant to Section 707 (c) of the

19  Internal Revenue Code in calculating its taxable

20  income;

21  (D) An amount equal to the amount of the capital

22  gain deduction allowable under the Internal Revenue

23  Code, to the extent deducted from gross income in the

24  computation of taxable income;

25  (D-5) For taxable years 2001 through 2025, an
    SB3019 Enrolled  - 1065 - LRB104 20255 HLH 33706 b

1   amount equal to the bonus depreciation deduction taken

2   on the taxpayer's federal income tax return for the

3   taxable year under subsection (k) of Section 168 of

4   the Internal Revenue Code; for taxable years 2026 and

5   thereafter, an amount equal to the bonus depreciation

6   deduction taken on the taxpayer's federal income tax

7   return for the taxable year under subsection (k) or

8   (n) of Section 168 of the Internal Revenue Code;

9   (D-6) If the taxpayer sells, transfers, abandons,

10  or otherwise disposes of property for which the

11  taxpayer was required in any taxable year to make an

12  addition modification under subparagraph (D-5), then

13  an amount equal to the aggregate amount of the

14  deductions taken in all taxable years under

15  subparagraph (O) with respect to that property.

16  If the taxpayer continues to own property through

17  the last day of the last tax year for which a

18  subtraction is allowed with respect to that property

19  under subparagraph (O) and for which the taxpayer was

20  allowed in any taxable year to make a subtraction

21  modification under subparagraph (O), then an amount

22  equal to that subtraction modification.

23  The taxpayer is required to make the addition

24  modification under this subparagraph only once with

25  respect to any one piece of property;

26  (D-7) An amount equal to the amount otherwise
    SB3019 Enrolled  - 1066 - LRB104 20255 HLH 33706 b

1   allowed as a deduction in computing base income for

2   interest paid, accrued, or incurred, directly or

3   indirectly, (i) for taxable years ending on or after

4   December 31, 2004, to a foreign person who would be a

5   member of the same unitary business group but for the

6   fact the foreign person's business activity outside

7   the United States is 80% or more of the foreign

8   person's total business activity and (ii) for taxable

9   years ending on or after December 31, 2008, to a person

10  who would be a member of the same unitary business

11  group but for the fact that the person is prohibited

12  under Section 1501(a)(27) from being included in the

13  unitary business group because he or she is ordinarily

14  required to apportion business income under different

15  subsections of Section 304. The addition modification

16  required by this subparagraph shall be reduced to the

17  extent that dividends were included in base income of

18  the unitary group for the same taxable year and

19  received by the taxpayer or by a member of the

20  taxpayer's unitary business group (including amounts

21  included in gross income pursuant to Sections 951

22  through 964 of the Internal Revenue Code and amounts

23  included in gross income under Section 78 of the

24  Internal Revenue Code) with respect to the stock of

25  the same person to whom the interest was paid,

26  accrued, or incurred. For taxable years ending on and
    SB3019 Enrolled  - 1067 - LRB104 20255 HLH 33706 b

1   after December 31, 2025, for purposes of applying this

2   paragraph in the case of a taxpayer to which Section

3   163(j) of the Internal Revenue Code applies for the

4   taxable year, the reduction in the amount of interest

5   for which a deduction is allowed by reason of Section

6   163(j) shall be treated as allocable first to persons

7   who are not foreign persons referred to in this

8   paragraph and then to such foreign persons.

9   For taxable years ending before December 31, 2025,

10  this paragraph shall not apply to the following:

11                   (i) an item of interest paid, accrued, or

12  incurred, directly or indirectly, to a person who

13  is subject in a foreign country or state, other

14  than a state which requires mandatory unitary

15  reporting, to a tax on or measured by net income

16  with respect to such interest; or

17                   (ii) an item of interest paid, accrued, or

18  incurred, directly or indirectly, to a person if

19  the taxpayer can establish, based on a

20  preponderance of the evidence, both of the

21  following:

22                   (a) the person, during the same taxable

23                   year, paid, accrued, or incurred, the interest

24                   to a person that is not a related member, and

25                   (b) the transaction giving rise to the

26                   interest expense between the taxpayer and the
    SB3019 Enrolled             - 1068 - LRB104 20255 HLH 33706 b

1                    person did not have as a principal purpose the

2                    avoidance of Illinois income tax, and is paid

3                    pursuant to a contract or agreement that

4                    reflects an arm's-length interest rate and

5                    terms; or

6                    (iii) the taxpayer can establish, based on

7   clear and convincing evidence, that the interest

8   paid, accrued, or incurred relates to a contract

9   or agreement entered into at arm's-length rates

10  and terms and the principal purpose for the

11  payment is not federal or Illinois tax avoidance;

12  or

13                   (iv) an item of interest paid, accrued, or

14  incurred, directly or indirectly, to a person if

15  the taxpayer establishes by clear and convincing

16  evidence that the adjustments are unreasonable; or

17  if the taxpayer and the Director agree in writing

18  to the application or use of an alternative method

19  of apportionment under Section 304(f).

20  For taxable years ending on or after December 31,

21  2025, this paragraph shall not apply to the following:

22                   (i) an item of interest paid, accrued, or

23  incurred, directly or indirectly, to a person if

24  the taxpayer can establish, based on a

25  preponderance of the evidence, both of the

26  following:
    SB3019 Enrolled             - 1069 - LRB104 20255 HLH 33706 b

1                    (a) the person, during the same taxable

2                    year, paid, accrued, or incurred, the interest

3                    to a person that is not a related member, and

4                    (b) the transaction giving rise to the

5                    interest expense between the taxpayer and the

6                    person did not have as a principal purpose the

7                    avoidance of Illinois income tax, and is paid

8                    pursuant to a contract or agreement that

9                    reflects an arm's-length interest rate and

10                   terms; or

11                   (ii) an item of interest paid, accrued, or

12  incurred, directly or indirectly, to a person if

13  the taxpayer establishes by clear and convincing

14  evidence that the adjustments are unreasonable; or

15  if the taxpayer and the Director agree in writing

16  to the application or use of an alternative method

17  of apportionment under Section 304(f).

18  Nothing in this subsection shall preclude the

19  Director from making any other adjustment otherwise

20  allowed under Section 404 of this Act for any tax year

21  beginning after the effective date of this amendment

22  provided such adjustment is made pursuant to

23  regulation adopted by the Department and such

24  regulations provide methods and standards by which the

25  Department will utilize its authority under Section

26  404 of this Act; and
    SB3019 Enrolled  - 1070 - LRB104 20255 HLH 33706 b

1   (D-8) An amount equal to the amount of intangible

2   expenses and costs otherwise allowed as a deduction in

3   computing base income, and that were paid, accrued, or

4   incurred, directly or indirectly, (i) for taxable

5   years ending on or after December 31, 2004, to a

6   foreign person who would be a member of the same

7   unitary business group but for the fact that the

8   foreign person's business activity outside the United

9   States is 80% or more of that person's total business

10  activity and (ii) for taxable years ending on or after

11  December 31, 2008, to a person who would be a member of

12  the same unitary business group but for the fact that

13  the person is prohibited under Section 1501(a)(27)

14  from being included in the unitary business group

15  because he or she is ordinarily required to apportion

16  business income under different subsections of Section

17  304. The addition modification required by this

18  subparagraph shall be reduced to the extent that

19  dividends were included in base income of the unitary

20  group for the same taxable year and received by the

21  taxpayer or by a member of the taxpayer's unitary

22  business group (including amounts included in gross

23  income pursuant to Sections 951 through 964 of the

24  Internal Revenue Code and amounts included in gross

25  income under Section 78 of the Internal Revenue Code)

26  with respect to the stock of the same person to whom
    SB3019 Enrolled  - 1071 - LRB104 20255 HLH 33706 b

1   the intangible expenses and costs were directly or

2   indirectly paid, incurred or accrued. The preceding

3   sentence shall not apply to the extent that the same

4   dividends caused a reduction to the addition

5   modification required under Section 203(d)(2)(D-7) of

6   this Act. As used in this subparagraph, the term

7   "intangible expenses and costs" includes (1) expenses,

8   losses, and costs for, or related to, the direct or

9   indirect acquisition, use, maintenance or management,

10  ownership, sale, exchange, or any other disposition of

11  intangible property; (2) losses incurred, directly or

12  indirectly, from factoring transactions or discounting

13  transactions; (3) royalty, patent, technical, and

14  copyright fees; (4) licensing fees; and (5) other

15  similar expenses and costs. For purposes of this

16  subparagraph, "intangible property" includes patents,

17  patent applications, trade names, trademarks, service

18  marks, copyrights, mask works, trade secrets, and

19  similar types of intangible assets;

20  For taxable years ending on or after December 31,

21  2025, this paragraph shall not apply to the following:

22                   (i) any item of intangible expenses or costs

23  paid, accrued, or incurred, directly or

24  indirectly, from a transaction with a person who

25  is subject in a foreign country or state, other

26  than a state which requires mandatory unitary
    SB3019 Enrolled      - 1072 - LRB104 20255 HLH 33706 b

1   reporting, to a tax on or measured by net income

2   with respect to such item; or

3                    (ii) any item of intangible expense or cost

4   paid, accrued, or incurred, directly or

5   indirectly, if the taxpayer can establish, based

6   on a preponderance of the evidence, both of the

7   following:

8                        (a) the person during the same taxable

9                    year paid, accrued, or incurred, the

10                   intangible expense or cost to a person that is

11                   not a related member, and

12                       (b) the transaction giving rise to the

13                   intangible expense or cost between the

14                   taxpayer and the person did not have as a

15                   principal purpose the avoidance of Illinois

16                   income tax, and is paid pursuant to a contract

17                   or agreement that reflects arm's-length terms;

18                   or

19                   (iii) any item of intangible expense or cost

20  paid, accrued, or incurred, directly or

21  indirectly, from a transaction with a person if

22  the taxpayer establishes by clear and convincing

23  evidence, that the adjustments are unreasonable;

24  or if the taxpayer and the Director agree in

25  writing to the application or use of an

26  alternative method of apportionment under Section
    SB3019 Enrolled      - 1073 - LRB104 20255 HLH 33706 b

1   304(f);

2   For taxable years ending on or after December 31,

3   2025, this paragraph shall not apply to the following:

4                    (i) any item of intangible expense or cost

5   paid, accrued, or incurred, directly or

6   indirectly, if the taxpayer can establish, based

7   on a preponderance of the evidence, both of the

8   following:

9                        (a) the person during the same taxable

10                   year paid, accrued, or incurred, the

11                   intangible expense or cost to a person that is

12                   not a related member, and

13                       (b) the transaction giving rise to the

14                   intangible expense or cost between the

15                   taxpayer and the person did not have as a

16                   principal purpose the avoidance of Illinois

17                   income tax, and is paid pursuant to a contract

18                   or agreement that reflects arm's-length terms;

19                   or

20                   (ii) any item of intangible expense or cost

21  paid, accrued, or incurred, directly or

22  indirectly, from a transaction with a person if

23  the taxpayer establishes by clear and convincing

24  evidence, that the adjustments are unreasonable;

25  or if the taxpayer and the Director agree in

26  writing to the application or use of an
    SB3019 Enrolled   - 1074 - LRB104 20255 HLH 33706 b

1   alternative method of apportionment under Section

2   304(f).

3   Nothing in this subsection shall preclude the

4   Director from making any other adjustment otherwise

5   allowed under Section 404 of this Act for any tax year

6   beginning after the effective date of this amendment

7   provided such adjustment is made pursuant to

8   regulation adopted by the Department and such

9   regulations provide methods and standards by which the

10  Department will utilize its authority under Section

11  404 of this Act;

12  (D-9) For taxable years ending on or after

13  December 31, 2008, an amount equal to the amount of

14  insurance premium expenses and costs otherwise allowed

15  as a deduction in computing base income, and that were

16  paid, accrued, or incurred, directly or indirectly, to

17  a person who would be a member of the same unitary

18  business group but for the fact that the person is

19  prohibited under Section 1501(a)(27) from being

20  included in the unitary business group because he or

21  she is ordinarily required to apportion business

22  income under different subsections of Section 304. The

23  addition modification required by this subparagraph

24  shall be reduced to the extent that dividends were

25  included in base income of the unitary group for the

26  same taxable year and received by the taxpayer or by a
    SB3019 Enrolled  - 1075 - LRB104 20255 HLH 33706 b

1   member of the taxpayer's unitary business group

2   (including amounts included in gross income under

3   Sections 951 through 964 of the Internal Revenue Code

4   and amounts included in gross income under Section 78

5   of the Internal Revenue Code) with respect to the

6   stock of the same person to whom the premiums and costs

7   were directly or indirectly paid, incurred, or

8   accrued. The preceding sentence does not apply to the

9   extent that the same dividends caused a reduction to

10  the addition modification required under Section

11  203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;

12  (D-10) An amount equal to the credit allowable to

13  the taxpayer under Section 218(a) of this Act,

14  determined without regard to Section 218(c) of this

15  Act;

16  (D-11) For taxable years ending on or after

17  December 31, 2017, an amount equal to the deduction

18  allowed under Section 199 of the Internal Revenue Code

19  for the taxable year;

20  (D-12) the amount that is claimed as a federal

21  deduction when computing the taxpayer's federal

22  taxable income for the taxable year and that is

23  attributable to an endowment gift for which the

24  taxpayer receives a credit under the Illinois Gives

25  Tax Credit Act;

26  (D-13) For taxable years ending on and after
    SB3019 Enrolled  - 1076 - LRB104 20255 HLH 33706 b

1   December 31, 2026, an amount equal to the amount of

2   gain excluded from gross income under Section 1202 of

3   the Internal Revenue Code;

4   and by deducting from the total so obtained the following

5   amounts:

6   (E) The valuation limitation amount;

7   (F) An amount equal to the amount of any tax

8   imposed by this Act which was refunded to the taxpayer

9   and included in such total for the taxable year;

10  (G) An amount equal to all amounts included in

11  taxable income as modified by subparagraphs (A), (B),

12  (C) and (D) which are exempt from taxation by this

13  State either by reason of its statutes or Constitution

14  or by reason of the Constitution, treaties or statutes

15  of the United States; provided that, in the case of any

16  statute of this State that exempts income derived from

17  bonds or other obligations from the tax imposed under

18  this Act, the amount exempted shall be the interest

19  net of bond premium amortization;

20  (H) Any income of the partnership which

21  constitutes personal service income as defined in

22  Section 1348(b)(1) of the Internal Revenue Code (as in

23  effect December 31, 1981) or a reasonable allowance

24  for compensation paid or accrued for services rendered

25  by partners to the partnership, whichever is greater;

26  this subparagraph (H) is exempt from the provisions of
    SB3019 Enrolled  - 1077 - LRB104 20255 HLH 33706 b

1   Section 250;

2   (I) An amount equal to all amounts of income

3   distributable to an entity subject to the Personal

4   Property Tax Replacement Income Tax imposed by

5   subsections (c) and (d) of Section 201 of this Act

6   including amounts distributable to organizations

7   exempt from federal income tax by reason of Section

8   501(a) of the Internal Revenue Code; this subparagraph

9   (I) is exempt from the provisions of Section 250;

10  (J) With the exception of any amounts subtracted

11  under subparagraph (G), an amount equal to the sum of

12  all amounts disallowed as deductions by (i) Sections

13  171(a)(2) and 265(a)(2) of the Internal Revenue Code,

14  and all amounts of expenses allocable to interest and

15  disallowed as deductions by Section 265(a)(1) of the

16  Internal Revenue Code; and (ii) for taxable years

17  ending on or after August 13, 1999, Sections

18  171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

19  Internal Revenue Code, plus, (iii) for taxable years

20  ending on or after December 31, 2011, Section

21  45G(e)(3) of the Internal Revenue Code and, for

22  taxable years ending on or after December 31, 2008,

23  any amount included in gross income under Section 87

24  of the Internal Revenue Code; the provisions of this

25  subparagraph are exempt from the provisions of Section

26  250;
    SB3019 Enrolled  - 1078 - LRB104 20255 HLH 33706 b

1   (K) An amount equal to those dividends included in

2   such total which were paid by a corporation which

3   conducts business operations in a River Edge

4   Redevelopment Zone or zones created under the River

5   Edge Redevelopment Zone Act and conducts substantially

6   all of its operations from a River Edge Redevelopment

7   Zone or zones. This subparagraph (K) is exempt from

8   the provisions of Section 250;

9   (L) An amount equal to any contribution made to a

10  job training project established pursuant to the Real

11  Property Tax Increment Allocation Redevelopment Act;

12  (M) An amount equal to those dividends included in

13  such total that were paid by a corporation that

14  conducts business operations in a federally designated

15  Foreign Trade Zone or Sub-Zone and that is designated

16  a High Impact Business located in Illinois; provided

17  that dividends eligible for the deduction provided in

18  subparagraph (K) of paragraph (2) of this subsection

19  shall not be eligible for the deduction provided under

20  this subparagraph (M);

21  (N) An amount equal to the amount of the deduction

22  used to compute the federal income tax credit for

23  restoration of substantial amounts held under claim of

24  right for the taxable year pursuant to Section 1341 of

25  the Internal Revenue Code;

26  (O) For taxable years 2001 and thereafter, for the
    SB3019 Enrolled              - 1079 - LRB104 20255 HLH 33706 b

1   taxable year in which the bonus depreciation deduction

2   is taken on the taxpayer's federal income tax return

3   under subsection (k) or (n) of Section 168 of the

4   Internal Revenue Code and for each applicable taxable

5   year thereafter, an amount equal to "x", where:

6                    (1) "y" equals the amount of the depreciation

7   deduction taken for the taxable year on the

8   taxpayer's federal income tax return on property

9   for which the bonus depreciation deduction was

10  taken in any year under subsection (k) or (n) of

11  Section 168 of the Internal Revenue Code, but not

12  including the bonus depreciation deduction;

13                   (2) for taxable years ending on or before

14  December 31, 2005, "x" equals "y" multiplied by 30

15  and then divided by 70 (or "y" multiplied by

16  0.429); and

17                   (3) for taxable years ending after December

18  31, 2005:

19                   (i) for property on which a bonus

20                   depreciation deduction of 30% of the adjusted

21                   basis was taken, "x" equals "y" multiplied by

22                   30 and then divided by 70 (or "y" multiplied

23                   by 0.429);

24                   (ii) for property on which a bonus

25                   depreciation deduction of 50% of the adjusted

26                   basis was taken, "x" equals "y" multiplied by
    SB3019 Enrolled        - 1080 - LRB104 20255 HLH 33706 b

1                    1.0;

2                    (iii) for property on which a bonus

3                    depreciation deduction of 100% of the adjusted

4                    basis was taken in a taxable year ending on or

5                    after December 31, 2021, "x" equals the

6                    depreciation deduction that would be allowed

7                    on that property if the taxpayer had made the

8                    election under Section 168(k)(7) or Section

9                    168(n)(6) of the Internal Revenue Code to not

10                   claim bonus depreciation on that property; and

11                   (iv) for property on which a bonus

12                   depreciation deduction of a percentage other

13                   than 30%, 50% or 100% of the adjusted basis

14                   was taken in a taxable year ending on or after

15                   December 31, 2021, "x" equals "y" multiplied

16                   by 100 times the percentage bonus depreciation

17                   on the property (that is, 100(bonus%)) and

18                   then divided by 100 times 1 minus the

19                   percentage bonus depreciation on the property

20                   (that is, 100(1-bonus%)).

21  The aggregate amount deducted under this

22  subparagraph in all taxable years for any one piece of

23  property may not exceed the amount of the bonus

24  depreciation deduction taken on that property on the

25  taxpayer's federal income tax return under subsection

26  (k) or (n) of Section 168 of the Internal Revenue Code.
    SB3019 Enrolled  - 1081 - LRB104 20255 HLH 33706 b

1   This subparagraph (O) is exempt from the provisions of

2   Section 250;

3   (P) If the taxpayer sells, transfers, abandons, or

4   otherwise disposes of property for which the taxpayer

5   was required in any taxable year to make an addition

6   modification under subparagraph (D-5), then an amount

7   equal to that addition modification.

8   If the taxpayer continues to own property through

9   the last day of the last tax year for which a

10  subtraction is allowed with respect to that property

11  under subparagraph (O) and for which the taxpayer was

12  required in any taxable year to make an addition

13  modification under subparagraph (D-5), then an amount

14  equal to that addition modification.

15  The taxpayer is allowed to take the deduction

16  under this subparagraph only once with respect to any

17  one piece of property.

18  This subparagraph (P) is exempt from the

19  provisions of Section 250;

20  (Q) The amount of (i) any interest income (net of

21  the deductions allocable thereto) taken into account

22  for the taxable year with respect to a transaction

23  with a taxpayer that is required to make an addition

24  modification with respect to such transaction under

25  Section          203(a)(2)(D-17),     203(b)(2)(E-12),

26  203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
    SB3019 Enrolled    - 1082 - LRB104 20255 HLH 33706 b

1   the amount of such addition modification and (ii) any

2   income from intangible property (net of the deductions

3   allocable thereto) taken into account for the taxable

4   year with respect to a transaction with a taxpayer

5   that is required to make an addition modification with

6   respect to such transaction under Section

7   203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or

8   203(d)(2)(D-8), but not to exceed the amount of such

9   addition modification. This subparagraph (Q) is exempt

10  from Section 250;

11  (R) An amount equal to the interest income taken

12  into account for the taxable year (net of the

13  deductions allocable thereto) with respect to

14  transactions with (i) a foreign person who would be a

15  member of the taxpayer's unitary business group but

16  for the fact that the foreign person's business

17  activity outside the United States is 80% or more of

18  that person's total business activity and (ii) for

19  taxable years ending on or after December 31, 2008, to

20  a person who would be a member of the same unitary

21  business group but for the fact that the person is

22  prohibited under Section 1501(a)(27) from being

23  included in the unitary business group because he or

24  she is ordinarily required to apportion business

25  income under different subsections of Section 304, but

26  not to exceed the addition modification required to be
    SB3019 Enrolled  - 1083 - LRB104 20255 HLH 33706 b

1   made for the same taxable year under Section

2   203(d)(2)(D-7) for interest paid, accrued, or

3   incurred, directly or indirectly, to the same person.

4   This subparagraph (R) is exempt from Section 250;

5   (S) An amount equal to the income from intangible

6   property taken into account for the taxable year (net

7   of the deductions allocable thereto) with respect to

8   transactions with (i) a foreign person who would be a

9   member of the taxpayer's unitary business group but

10  for the fact that the foreign person's business

11  activity outside the United States is 80% or more of

12  that person's total business activity and (ii) for

13  taxable years ending on or after December 31, 2008, to

14  a person who would be a member of the same unitary

15  business group but for the fact that the person is

16  prohibited under Section 1501(a)(27) from being

17  included in the unitary business group because he or

18  she is ordinarily required to apportion business

19  income under different subsections of Section 304, but

20  not to exceed the addition modification required to be

21  made for the same taxable year under Section

22  203(d)(2)(D-8) for intangible expenses and costs paid,

23  accrued, or incurred, directly or indirectly, to the

24  same person. This subparagraph (S) is exempt from

25  Section 250;

26  (T) For taxable years ending on or after December
    SB3019 Enrolled   - 1084 - LRB104 20255 HLH 33706 b

1   31, 2011, in the case of a taxpayer who was required to

2   add back any insurance premiums under Section

3   203(d)(2)(D-9), such taxpayer may elect to subtract

4   that part of a reimbursement received from the

5   insurance company equal to the amount of the expense

6   or loss (including expenses incurred by the insurance

7   company) that would have been taken into account as a

8   deduction for federal income tax purposes if the

9   expense or loss had been uninsured. If a taxpayer

10  makes the election provided for by this subparagraph

11  (T), the insurer to which the premiums were paid must

12  add back to income the amount subtracted by the

13  taxpayer pursuant to this subparagraph (T). This

14  subparagraph (T) is exempt from the provisions of

15  Section 250; and

16  (U) For taxable years beginning on or after

17  January 1, 2023, for any cannabis establishment

18  operating in this State and licensed under the

19  Cannabis Regulation and Tax Act or any cannabis

20  cultivation center or medical cannabis dispensing

21  organization operating in this State and licensed

22  under the Compassionate Use of Medical Cannabis

23  Program Act, an amount equal to the deductions that

24  were disallowed under Section 280E of the Internal

25  Revenue Code for the taxable year and that would not be

26  added back under this subsection. The provisions of
    SB3019 Enrolled  - 1085 - LRB104 20255 HLH 33706 b

1   this subparagraph (U) are exempt from the provisions

2   of Section 250.

3   (e) Gross income; adjusted gross income; taxable income.

4   (1) In general. Subject to the provisions of paragraph

5   (2) and subsection (b)(3), for purposes of this Section

6   and Section 803(e), a taxpayer's gross income, adjusted

7   gross income, or taxable income for the taxable year shall

8   mean the amount of gross income, adjusted gross income or

9   taxable income properly reportable for federal income tax

10  purposes for the taxable year under the provisions of the

11  Internal Revenue Code. Taxable income may be less than

12  zero. However, for taxable years ending on or after

13  December 31, 1986, net operating loss carryforwards from

14  taxable years ending prior to December 31, 1986, may not

15  exceed the sum of federal taxable income for the taxable

16  year before net operating loss deduction, plus the excess

17  of addition modifications over subtraction modifications

18  for the taxable year. For taxable years ending prior to

19  December 31, 1986, taxable income may never be an amount

20  in excess of the net operating loss for the taxable year as

21  defined in subsections (c) and (d) of Section 172 of the

22  Internal Revenue Code, provided that when taxable income

23  of a corporation (other than a Subchapter S corporation),

24  trust, or estate is less than zero and addition

25  modifications, other than those provided by subparagraph
    SB3019 Enrolled         - 1086 - LRB104 20255 HLH 33706 b

1   (E) of paragraph (2) of subsection (b) for corporations or

2   subparagraph (E) of paragraph (2) of subsection (c) for

3   trusts and estates, exceed subtraction modifications, an

4   addition modification must be made under those

5   subparagraphs for any other taxable year to which the

6   taxable income less than zero (net operating loss) is

7   applied under Section 172 of the Internal Revenue Code or

8   under subparagraph (E) of paragraph (2) of this subsection

9   (e) applied in conjunction with Section 172 of the

10  Internal Revenue Code.

11  (2) Special rule. For purposes of paragraph (1) of

12  this subsection, the taxable income properly reportable

13  for federal income tax purposes shall mean:

14  (A) Certain life insurance companies. In the case

15  of a life insurance company subject to the tax imposed

16  by Section 801 of the Internal Revenue Code, life

17  insurance company taxable income, plus the amount of

18  distribution from pre-1984 policyholder surplus

19  accounts as calculated under Section 815a of the

20  Internal Revenue Code;

21  (B) Certain other insurance companies. In the case

22  of mutual insurance companies subject to the tax

23  imposed by Section 831 of the Internal Revenue Code,

24  insurance company taxable income;

25  (C) Regulated investment companies. In the case of

26  a regulated investment company subject to the tax
    SB3019 Enrolled  - 1087 - LRB104 20255 HLH 33706 b

1   imposed by Section 852 of the Internal Revenue Code,

2   investment company taxable income;

3   (D) Real estate investment trusts. In the case of

4   a real estate investment trust subject to the tax

5   imposed by Section 857 of the Internal Revenue Code,

6   real estate investment trust taxable income;

7   (E) Consolidated corporations. In the case of a

8   corporation which is a member of an affiliated group

9   of corporations filing a consolidated income tax

10  return for the taxable year for federal income tax

11  purposes, taxable income determined as if such

12  corporation had filed a separate return for federal

13  income tax purposes for the taxable year and each

14  preceding taxable year for which it was a member of an

15  affiliated group. For purposes of this subparagraph,

16  the taxpayer's separate taxable income shall be

17  determined as if the election provided by Section

18  243(b)(2) of the Internal Revenue Code had been in

19  effect for all such years;

20  (F) Cooperatives. In the case of a cooperative

21  corporation or association, the taxable income of such

22  organization determined in accordance with the

23  provisions of Section 1381 through 1388 of the

24  Internal Revenue Code, but without regard to the

25  prohibition against offsetting losses from patronage

26  activities against income from nonpatronage
    SB3019 Enrolled  - 1088 - LRB104 20255 HLH 33706 b

1   activities; except that a cooperative corporation or

2   association may make an election to follow its federal

3   income tax treatment of patronage losses and

4   nonpatronage losses. In the event such election is

5   made, such losses shall be computed and carried over

6   in a manner consistent with subsection (a) of Section

7   207 of this Act and apportioned by the apportionment

8   factor reported by the cooperative on its Illinois

9   income tax return filed for the taxable year in which

10  the losses are incurred. The election shall be

11  effective for all taxable years with original returns

12  due on or after the date of the election. In addition,

13  the cooperative may file an amended return or returns,

14  as allowed under this Act, to provide that the

15  election shall be effective for losses incurred or

16  carried forward for taxable years occurring prior to

17  the date of the election. Once made, the election may

18  only be revoked upon approval of the Director. The

19  Department shall adopt rules setting forth

20  requirements for documenting the elections and any

21  resulting Illinois net loss and the standards to be

22  used by the Director in evaluating requests to revoke

23  elections. Public Act 96-932 is declaratory of

24  existing law;

25  (G) Subchapter S corporations. In the case of: (i)

26  a Subchapter S corporation for which there is in
    SB3019 Enrolled  - 1089 - LRB104 20255 HLH 33706 b

1   effect an election for the taxable year under Section

2   1362 of the Internal Revenue Code, the taxable income

3   of such corporation determined in accordance with

4   Section 1363(b) of the Internal Revenue Code, except

5   that taxable income shall take into account those

6   items which are required by Section 1363(b)(1) of the

7   Internal Revenue Code to be separately stated; and

8   (ii) a Subchapter S corporation for which there is in

9   effect a federal election to opt out of the provisions

10  of the Subchapter S Revision Act of 1982 and have

11  applied instead the prior federal Subchapter S rules

12  as in effect on July 1, 1982, the taxable income of

13  such corporation determined in accordance with the

14  federal Subchapter S rules as in effect on July 1,

15  1982; and

16  (H) Partnerships. In the case of a partnership,

17  taxable income determined in accordance with Section

18  703 of the Internal Revenue Code, except that taxable

19  income shall take into account those items which are

20  required by Section 703(a)(1) to be separately stated

21  but which would be taken into account by an individual

22  in calculating his taxable income.

23  (3) Recapture of business expenses on disposition of

24  asset or business. Notwithstanding any other law to the

25  contrary, if in prior years income from an asset or

26  business has been classified as business income and in a
    SB3019 Enrolled  - 1090 - LRB104 20255 HLH 33706 b

1   later year is demonstrated to be non-business income, then

2   all expenses, without limitation, deducted in such later

3   year and in the 2 immediately preceding taxable years

4   related to that asset or business that generated the

5   non-business income shall be added back and recaptured as

6   business income in the year of the disposition of the

7   asset or business. Such amount shall be apportioned to

8   Illinois using the greater of the apportionment fraction

9   computed for the business under Section 304 of this Act

10  for the taxable year or the average of the apportionment

11  fractions computed for the business under Section 304 of

12  this Act for the taxable year and for the 2 immediately

13  preceding taxable years.

14  (f) Valuation limitation amount.

15  (1) In general. The valuation limitation amount

16  referred to in subsections (a)(2)(G), (c)(2)(I) and

17  (d)(2)(E) is an amount equal to:

18  (A) The sum of the pre-August 1, 1969 appreciation

19  amounts (to the extent consisting of gain reportable

20  under the provisions of Section 1245 or 1250 of the

21  Internal Revenue Code) for all property in respect of

22  which such gain was reported for the taxable year;

23  plus

24  (B) The lesser of (i) the sum of the pre-August 1,

25  1969 appreciation amounts (to the extent consisting of
    SB3019 Enrolled  - 1091 - LRB104 20255 HLH 33706 b

1   capital gain) for all property in respect of which

2   such gain was reported for federal income tax purposes

3   for the taxable year, or (ii) the net capital gain for

4   the taxable year, reduced in either case by any amount

5   of such gain included in the amount determined under

6   subsection (a)(2)(F) or (c)(2)(H).

7   (2) Pre-August 1, 1969 appreciation amount.

8   (A) If the fair market value of property referred

9   to in paragraph (1) was readily ascertainable on

10  August 1, 1969, the pre-August 1, 1969 appreciation

11  amount for such property is the lesser of (i) the

12  excess of such fair market value over the taxpayer's

13  basis (for determining gain) for such property on that

14  date (determined under the Internal Revenue Code as in

15  effect on that date), or (ii) the total gain realized

16  and reportable for federal income tax purposes in

17  respect of the sale, exchange or other disposition of

18  such property.

19  (B) If the fair market value of property referred

20  to in paragraph (1) was not readily ascertainable on

21  August 1, 1969, the pre-August 1, 1969 appreciation

22  amount for such property is that amount which bears

23  the same ratio to the total gain reported in respect of

24  the property for federal income tax purposes for the

25  taxable year, as the number of full calendar months in

26  that part of the taxpayer's holding period for the
    SB3019 Enrolled  - 1092 - LRB104 20255 HLH 33706 b

1   property ending July 31, 1969 bears to the number of

2   full calendar months in the taxpayer's entire holding

3   period for the property.

4   (C) The Department shall prescribe such

5   regulations as may be necessary to carry out the

6   purposes of this paragraph.

7   (g) Double deductions. Unless specifically provided

8 otherwise, nothing in this Section shall permit the same item

9 to be deducted more than once.

10  (h) Legislative intention. Except as expressly provided by

11 this Section there shall be no modifications or limitations on

12 the amounts of income, gain, loss or deduction taken into

13 account in determining gross income, adjusted gross income or

14 taxable income for federal income tax purposes for the taxable

15 year, or in the amount of such items entering into the

16 computation of base income and net income under this Act for

17 such taxable year, whether in respect of property values as of

18 August 1, 1969 or otherwise.

19 (Source: P.A. 103-8, eff. 6-7-23; 103-478, eff. 1-1-24;

20 103-592, Article 10, Section 10-900, eff. 6-7-24; 103-592,

21 Article 170, Section 170-90, eff. 6-7-24; 103-605, eff.

22 7-1-24; 103-647, eff. 7-1-24; 104-6, eff. 6-16-25; 104-417,

23 eff. 8-15-25; 104-453, eff. 12-12-25.)
         SB3019 Enrolled    - 1093 - LRB104 20255 HLH 33706 b
1                         ARTICLE 125

2  Section 125-5. The Use Tax Act is amended by changing

3 Sections 3-10 and 9 as follows:

4  (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10

5  Sec. 3-10. Rate of tax. Unless otherwise provided in this

6 Section, the tax imposed by this Act is at the rate of 6.25% of

7 either the selling price or the fair market value, if any, of

8 the tangible personal property, which, on and after January 1,

9 2025, includes leases of tangible personal property. In all

10 cases where property functionally used or consumed is the same

11 as the property that was purchased at retail, then the tax is

12 imposed on the selling price of the property. In all cases

13 where property functionally used or consumed is a by-product

14 or waste product that has been refined, manufactured, or

15 produced from property purchased at retail, then the tax is

16 imposed on the lower of the fair market value, if any, of the

17 specific property so used in this State or on the selling price

18 of the property purchased at retail. For purposes of this

19 Section "fair market value" means the price at which property

20 would change hands between a willing buyer and a willing

21 seller, neither being under any compulsion to buy or sell and

22 both having reasonable knowledge of the relevant facts. The

23 fair market value shall be established by Illinois sales by

24 the taxpayer of the same property as that functionally used or
    SB3019 Enrolled       - 1094 - LRB104 20255 HLH 33706 b

1 consumed, or if there are no such sales by the taxpayer, then

2 comparable sales or purchases of property of like kind and

3 character in Illinois.

4   Beginning on July 1, 2000 and through December 31, 2000,

5 with respect to motor fuel, as defined in Section 1.1 of the

6 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

7 the Use Tax Act, the tax is imposed at the rate of 1.25%.

8   Beginning on August 6, 2010 through August 15, 2010, and

9 beginning again on August 5, 2022 through August 14, 2022, and

10 beginning again on August 7, 2026 through August 16, 2026,

11 with respect to sales tax holiday items as defined in Section

12 3-6 of this Act, the tax is imposed at the rate of 1.25%.

13  With respect to gasohol, the tax imposed by this Act

14 applies to (i) 70% of the proceeds of sales made on or after

15 January 1, 1990, and before July 1, 2003, (ii) 80% of the

16 proceeds of sales made on or after July 1, 2003 and on or

17 before July 1, 2017, (iii) 100% of the proceeds of sales made

18 after July 1, 2017 and prior to January 1, 2024, (iv) 90% of

19 the proceeds of sales made on or after January 1, 2024 and on

20 or before December 31, 2028, and (v) 100% of the proceeds of

21 sales made after December 31, 2028. If, at any time, however,

22 the tax under this Act on sales of gasohol is imposed at the

23 rate of 1.25%, then the tax imposed by this Act applies to 100%

24 of the proceeds of sales of gasohol made during that time.

25  With respect to mid-range ethanol blends, the tax imposed

26 by this Act applies to (i) 80% of the proceeds of sales made on
    SB3019 Enrolled  - 1095 - LRB104 20255 HLH 33706 b

1 or after January 1, 2024 and on or before December 31, 2028 and

2 (ii) 100% of the proceeds of sales made thereafter. If, at any

3 time, however, the tax under this Act on sales of mid-range

4 ethanol blends is imposed at the rate of 1.25%, then the tax

5 imposed by this Act applies to 100% of the proceeds of sales of

6 mid-range ethanol blends made during that time.

7   With respect to majority blended ethanol fuel, the tax

8 imposed by this Act does not apply to the proceeds of sales

9 made on or after July 1, 2003 and on or before December 31,

10 2028 but applies to 100% of the proceeds of sales made

11 thereafter.

12  With respect to biodiesel blends with no less than 1% and

13 no more than 10% biodiesel, the tax imposed by this Act applies

14 to (i) 80% of the proceeds of sales made on or after July 1,

15 2003 and on or before December 31, 2018 and (ii) 100% of the

16 proceeds of sales made after December 31, 2018 and before

17 January 1, 2024. On and after January 1, 2024 and on or before

18 December 31, 2030, the taxation of biodiesel, renewable

19 diesel, and biodiesel blends shall be as provided in Section

20 3-5.1. If, at any time, however, the tax under this Act on

21 sales of biodiesel blends with no less than 1% and no more than

22 10% biodiesel is imposed at the rate of 1.25%, then the tax

23 imposed by this Act applies to 100% of the proceeds of sales of

24 biodiesel blends with no less than 1% and no more than 10%

25 biodiesel made during that time.

26  With respect to biodiesel and biodiesel blends with more
    SB3019 Enrolled      - 1096 - LRB104 20255 HLH 33706 b

1 than 10% but no more than 99% biodiesel, the tax imposed by

2 this Act does not apply to the proceeds of sales made on or

3 after July 1, 2003 and on or before December 31, 2023. On and

4 after January 1, 2024 and on or before December 31, 2030, the

5 taxation of biodiesel, renewable diesel, and biodiesel blends

6 shall be as provided in Section 3-5.1.

7   Until July 1, 2022 and from July 1, 2023 through December

8 31, 2025, with respect to food for human consumption that is to

9 be consumed off the premises where it is sold (other than

10 alcoholic beverages, food consisting of or infused with adult

11 use cannabis, soft drinks, and food that has been prepared for

12 immediate consumption), the tax is imposed at the rate of 1%.

13 Beginning on July 1, 2022 and until July 1, 2023, with respect

14 to food for human consumption that is to be consumed off the

15 premises where it is sold (other than alcoholic beverages,

16 food consisting of or infused with adult use cannabis, soft

17 drinks, and food that has been prepared for immediate

18 consumption), the tax is imposed at the rate of 0%. On and

19 after January 1, 2026, food for human consumption that is to be

20 consumed off the premises where it is sold (other than

21 alcoholic beverages, food consisting of or infused with adult

22 use cannabis, soft drinks, candy, and food that has been

23 prepared for immediate consumption) is exempt from the tax

24 imposed by this Act.

25  With respect to prescription and nonprescription

26 medicines, drugs, medical appliances, products classified as
    SB3019 Enrolled  - 1097 - LRB104 20255 HLH 33706 b

1 Class III medical devices by the United States Food and Drug

2 Administration that are used for cancer treatment pursuant to

3 a prescription, as well as any accessories and components

4 related to those devices, modifications to a motor vehicle for

5 the purpose of rendering it usable by a person with a

6 disability, and insulin, blood sugar testing materials,

7 syringes, and needles used by human diabetics, the tax is

8 imposed at the rate of 1%. For the purposes of this Section,

9 until September 1, 2009: the term "soft drinks" means any

10 complete, finished, ready-to-use, non-alcoholic drink, whether

11 carbonated or not, including, but not limited to, soda water,

12 cola, fruit juice, vegetable juice, carbonated water, and all

13 other preparations commonly known as soft drinks of whatever

14 kind or description that are contained in any closed or sealed

15 bottle, can, carton, or container, regardless of size; but

16 "soft drinks" does not include coffee, tea, non-carbonated

17 water, infant formula, milk or milk products as defined in the

18 Grade A Pasteurized Milk and Milk Products Act, or drinks

19 containing 50% or more natural fruit or vegetable juice.

20  Notwithstanding any other provisions of this Act,

21 beginning September 1, 2009, "soft drinks" means non-alcoholic

22 beverages that contain natural or artificial sweeteners. "Soft

23 drinks" does not include beverages that contain milk or milk

24 products, soy, rice or similar milk substitutes, or greater

25 than 50% of vegetable or fruit juice by volume.

26  Until August 1, 2009, and notwithstanding any other
    SB3019 Enrolled  - 1098 - LRB104 20255 HLH 33706 b

1 provisions of this Act, "food for human consumption that is to

2 be consumed off the premises where it is sold" includes all

3 food sold through a vending machine, except soft drinks and

4 food products that are dispensed hot from a vending machine,

5 regardless of the location of the vending machine. Beginning

6 August 1, 2009, and notwithstanding any other provisions of

7 this Act, "food for human consumption that is to be consumed

8 off the premises where it is sold" includes all food sold

9 through a vending machine, except soft drinks, candy, and food

10 products that are dispensed hot from a vending machine,

11 regardless of the location of the vending machine.

12  Notwithstanding any other provisions of this Act,

13 beginning September 1, 2009, "food for human consumption that

14 is to be consumed off the premises where it is sold" does not

15 include candy. For purposes of this Section, "candy" means a

16 preparation of sugar, honey, or other natural or artificial

17 sweeteners in combination with chocolate, fruits, nuts or

18 other ingredients or flavorings in the form of bars, drops, or

19 pieces. "Candy" does not include any preparation that contains

20 flour or requires refrigeration.

21  Notwithstanding any other provisions of this Act,

22 beginning September 1, 2009, "nonprescription medicines and

23 drugs" does not include grooming and hygiene products. For

24 purposes of this Section, "grooming and hygiene products"

25 includes, but is not limited to, soaps and cleaning solutions,

26 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
    SB3019 Enrolled       - 1099 - LRB104 20255 HLH 33706 b

1 lotions and screens, unless those products are available by

2 prescription only, regardless of whether the products meet the

3 definition of "over-the-counter-drugs". For the purposes of

4 this paragraph, "over-the-counter-drug" means a drug for human

5 use that contains a label that identifies the product as a drug

6 as required by 21 CFR 201.66. The "over-the-counter-drug"

7 label includes:

8   (A) a "Drug Facts" panel; or

9   (B) a statement of the "active ingredient(s)" with a

10  list of those ingredients contained in the compound,

11  substance or preparation.

12  Beginning on January 1, 2014 (the effective date of Public

13 Act 98-122), "prescription and nonprescription medicines and

14 drugs" includes medical cannabis purchased from a registered

15 dispensing organization under the Compassionate Use of Medical

16 Cannabis Program Act.

17  As used in this Section, "adult use cannabis" means

18 cannabis subject to tax under the Cannabis Cultivation

19 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law

20 and does not include cannabis subject to tax under the

21 Compassionate Use of Medical Cannabis Program Act.

22  If the property that is purchased at retail from a

23 retailer is acquired outside Illinois and used outside

24 Illinois before being brought to Illinois for use here and is

25 taxable under this Act, the "selling price" on which the tax is

26 computed shall be reduced by an amount that represents a
   SB3019 Enrolled  - 1100 - LRB104 20255 HLH 33706 b

1 reasonable allowance for depreciation for the period of prior
2 out-of-state use. No depreciation is allowed in cases where
3 the tax under this Act is imposed on lease receipts.
4 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
5 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.
6 8-15-25.)

7  (35 ILCS 105/9)

8  (Text of Section before amendment by P.A. 104-457)

9  Sec. 9. Except as to motor vehicles, watercraft, aircraft,

10 and trailers that are required to be registered with an agency

11 of this State, each retailer required or authorized to collect

12 the tax imposed by this Act shall pay to the Department the

13 amount of such tax (except as otherwise provided) at the time

14 when he is required to file his return for the period during

15 which such tax was collected, less a discount of 2.1% prior to

16 January 1, 1990, and 1.75% on and after January 1, 1990, or $5

17 per calendar year, whichever is greater, which is allowed to

18 reimburse the retailer for expenses incurred in collecting the

19 tax, keeping records, preparing and filing returns, remitting

20 the tax and supplying data to the Department on request.

21 Beginning with returns due on or after January 1, 2025, the

22 discount allowed in this Section, the Retailers' Occupation

23 Tax Act, the Service Occupation Tax Act, and the Service Use

24 Tax Act, including any local tax administered by the

25 Department and reported on the same return, shall not exceed
SB3019 Enrolled  - 1101 - LRB104 20255 HLH 33706 b

 1 $1,000 per month in the aggregate for returns other than
 2 transaction returns filed during the month. When determining
 3 the discount allowed under this Section, retailers shall
 4 include the amount of tax that would have been due at the 6.25%
 5 rate but for the 1.25% rate imposed on sales tax holiday items
 6 under Public Act 102-700 and under this amendatory Act of the
 7 104th General Assembly. The discount under this Section is not
 8 allowed for the 1.25% portion of taxes paid on aviation fuel
 9 that is subject to the revenue use requirements of 49 U.S.C.
10 47107(b) and 49 U.S.C. 47133. When determining the discount
11 allowed under this Section, retailers shall include the amount
12 of tax that would have been due at the 1% rate but for the 0%
13 rate imposed under Public Act 102-700. In the case of
14 retailers who report and pay the tax on a transaction by
15 transaction basis, as provided in this Section, such discount
16 shall be taken with each such tax remittance instead of when
17 such retailer files his periodic return, but, beginning with
18 returns due on or after January 1, 2025, the discount allowed
19 under this Section and the Retailers' Occupation Tax Act,
20 including any local tax administered by the Department and
21 reported on the same transaction return, shall not exceed
22 $1,000 per month for all transaction returns filed during the
23 month. The discount allowed under this Section is allowed only
24 for returns that are filed in the manner required by this Act.
25 The Department may disallow the discount for retailers whose
26 certificate of registration is revoked at the time the return
    SB3019 Enrolled   - 1102 - LRB104 20255 HLH 33706 b

1 is filed, but only if the Department's decision to revoke the

2 certificate of registration has become final. A retailer need

3 not remit that part of any tax collected by him to the extent

4 that he is required to remit and does remit the tax imposed by

5 the Retailers' Occupation Tax Act, with respect to the sale of

6 the same property.

7   Where such tangible personal property is sold under a

8 conditional sales contract, or under any other form of sale

9 wherein the payment of the principal sum, or a part thereof, is

10 extended beyond the close of the period for which the return is

11 filed, the retailer, in collecting the tax (except as to motor

12 vehicles, watercraft, aircraft, and trailers that are required

13 to be registered with an agency of this State), may collect for

14 each tax return period only the tax applicable to that part of

15 the selling price actually received during such tax return

16 period.

17  In the case of leases, except as otherwise provided in

18 this Act, the lessor, in collecting the tax, may collect for

19 each tax return period only the tax applicable to that part of

20 the selling price actually received during such tax return

21 period.

22  Except as provided in this Section, on or before the

23 twentieth day of each calendar month, such retailer shall file

24 a return for the preceding calendar month. Such return shall

25 be filed on forms prescribed by the Department and shall

26 furnish such information as the Department may reasonably
    SB3019 Enrolled     - 1103 - LRB104 20255 HLH 33706 b

1 require. The return shall include the gross receipts on food

2 for human consumption that is to be consumed off the premises

3 where it is sold (other than alcoholic beverages, food

4 consisting of or infused with adult use cannabis, soft drinks,

5 and food that has been prepared for immediate consumption)

6 which were received during the preceding calendar month,

7 quarter, or year, as appropriate, and upon which tax would

8 have been due but for the 0% rate imposed under Public Act

9 102-700. The return shall also include the amount of tax that

10 would have been due on food for human consumption that is to be

11 consumed off the premises where it is sold (other than

12 alcoholic beverages, food consisting of or infused with adult

13 use cannabis, soft drinks, and food that has been prepared for

14 immediate consumption) but for the 0% rate imposed under

15 Public Act 102-700.

16  On and after January 1, 2018, except for returns required

17 to be filed prior to January 1, 2023 for motor vehicles,

18 watercraft, aircraft, and trailers that are required to be

19 registered with an agency of this State, with respect to

20 retailers whose annual gross receipts average $20,000 or more,

21 all returns required to be filed pursuant to this Act shall be

22 filed electronically. On and after January 1, 2023, with

23 respect to retailers whose annual gross receipts average

24 $20,000 or more, all returns required to be filed pursuant to

25 this Act, including, but not limited to, returns for motor

26 vehicles, watercraft, aircraft, and trailers that are required
    SB3019 Enrolled  - 1104 - LRB104 20255 HLH 33706 b

1 to be registered with an agency of this State, shall be filed

2 electronically. Retailers who demonstrate that they do not

3 have access to the Internet or demonstrate hardship in filing

4 electronically may petition the Department to waive the

5 electronic filing requirement.

6   The Department may require returns to be filed on a

7 quarterly basis. If so required, a return for each calendar

8 quarter shall be filed on or before the twentieth day of the

9 calendar month following the end of such calendar quarter. The

10 taxpayer shall also file a return with the Department for each

11 of the first 2 two months of each calendar quarter, on or

12 before the twentieth day of the following calendar month,

13 stating:

14  1. The name of the seller;

15  2. The address of the principal place of business from

16  which he engages in the business of selling tangible

17  personal property at retail in this State;

18  3. The total amount of taxable receipts received by

19  him during the preceding calendar month from sales of

20  tangible personal property by him during such preceding

21  calendar month, including receipts from charge and time

22  sales, but less all deductions allowed by law;

23  4. The amount of credit provided in Section 2d of this

24  Act;

25  5. The amount of tax due;

26  5-5. The signature of the taxpayer; and
    SB3019 Enrolled  - 1105 - LRB104 20255 HLH 33706 b

1   6. Such other reasonable information as the Department

2   may require.

3   Each retailer required or authorized to collect the tax

4 imposed by this Act on aviation fuel sold at retail in this

5 State during the preceding calendar month shall, instead of

6 reporting and paying tax on aviation fuel as otherwise

7 required by this Section, report and pay such tax on a separate

8 aviation fuel tax return. The requirements related to the

9 return shall be as otherwise provided in this Section.

10 Notwithstanding any other provisions of this Act to the

11 contrary, retailers collecting tax on aviation fuel shall file

12 all aviation fuel tax returns and shall make all aviation fuel

13 tax payments by electronic means in the manner and form

14 required by the Department. For purposes of this Section,

15 "aviation fuel" means jet fuel and aviation gasoline.

16  If a taxpayer fails to sign a return within 30 days after

17 the proper notice and demand for signature by the Department,

18 the return shall be considered valid and any amount shown to be

19 due on the return shall be deemed assessed.

20  Notwithstanding any other provision of this Act to the

21 contrary, retailers subject to tax on cannabis shall file all

22 cannabis tax returns and shall make all cannabis tax payments

23 by electronic means in the manner and form required by the

24 Department.

25  Beginning October 1, 1993, a taxpayer who has an average

26 monthly tax liability of $150,000 or more shall make all
    SB3019 Enrolled  - 1106 - LRB104 20255 HLH 33706 b

1 payments required by rules of the Department by electronic

2 funds transfer. Beginning October 1, 1994, a taxpayer who has

3 an average monthly tax liability of $100,000 or more shall

4 make all payments required by rules of the Department by

5 electronic funds transfer. Beginning October 1, 1995, a

6 taxpayer who has an average monthly tax liability of $50,000

7 or more shall make all payments required by rules of the

8 Department by electronic funds transfer. Beginning October 1,

9 2000, a taxpayer who has an annual tax liability of $200,000 or

10 more shall make all payments required by rules of the

11 Department by electronic funds transfer. The term "annual tax

12 liability" shall be the sum of the taxpayer's liabilities

13 under this Act, and under all other State and local occupation

14 and use tax laws administered by the Department, for the

15 immediately preceding calendar year. The term "average monthly

16 tax liability" means the sum of the taxpayer's liabilities

17 under this Act, and under all other State and local occupation

18 and use tax laws administered by the Department, for the

19 immediately preceding calendar year divided by 12. Beginning

20 on October 1, 2002, a taxpayer who has a tax liability in the

21 amount set forth in subsection (b) of Section 2505-210 of the

22 Department of Revenue Law shall make all payments required by

23 rules of the Department by electronic funds transfer.

24  Before August 1 of each year beginning in 1993, the

25 Department shall notify all taxpayers required to make

26 payments by electronic funds transfer. All taxpayers required
    SB3019 Enrolled  - 1107 - LRB104 20255 HLH 33706 b

1 to make payments by electronic funds transfer shall make those

2 payments for a minimum of one year beginning on October 1.

3   Any taxpayer not required to make payments by electronic

4 funds transfer may make payments by electronic funds transfer

5 with the permission of the Department.

6   All taxpayers required to make payment by electronic funds

7 transfer and any taxpayers authorized to voluntarily make

8 payments by electronic funds transfer shall make those

9 payments in the manner authorized by the Department.

10  The Department shall adopt such rules as are necessary to

11 effectuate a program of electronic funds transfer and the

12 requirements of this Section.

13  Before October 1, 2000, if the taxpayer's average monthly

14 tax liability to the Department under this Act, the Retailers'

15 Occupation Tax Act, the Service Occupation Tax Act, the

16 Service Use Tax Act was $10,000 or more during the preceding 4

17 complete calendar quarters, he shall file a return with the

18 Department each month by the 20th day of the month next

19 following the month during which such tax liability is

20 incurred and shall make payments to the Department on or

21 before the 7th, 15th, 22nd and last day of the month during

22 which such liability is incurred. On and after October 1,

23 2000, if the taxpayer's average monthly tax liability to the

24 Department under this Act, the Retailers' Occupation Tax Act,

25 the Service Occupation Tax Act, and the Service Use Tax Act was

26 $20,000 or more during the preceding 4 complete calendar
SB3019 Enrolled  - 1108 - LRB104 20255 HLH 33706 b

 1 quarters, he shall file a return with the Department each
 2 month by the 20th day of the month next following the month
 3 during which such tax liability is incurred and shall make
 4 payment to the Department on or before the 7th, 15th, 22nd and
 5 last day of the month during which such liability is incurred.
 6 If the month during which such tax liability is incurred began
 7 prior to January 1, 1985, each payment shall be in an amount
 8 equal to 1/4 of the taxpayer's actual liability for the month
 9 or an amount set by the Department not to exceed 1/4 of the
10 average monthly liability of the taxpayer to the Department
11 for the preceding 4 complete calendar quarters (excluding the
12 month of highest liability and the month of lowest liability
13 in such 4 quarter period). If the month during which such tax
14 liability is incurred begins on or after January 1, 1985, and
15 prior to January 1, 1987, each payment shall be in an amount
16 equal to 22.5% of the taxpayer's actual liability for the
17 month or 27.5% of the taxpayer's liability for the same
18 calendar month of the preceding year. If the month during
19 which such tax liability is incurred begins on or after
20 January 1, 1987, and prior to January 1, 1988, each payment
21 shall be in an amount equal to 22.5% of the taxpayer's actual
22 liability for the month or 26.25% of the taxpayer's liability
23 for the same calendar month of the preceding year. If the month
24 during which such tax liability is incurred begins on or after
25 January 1, 1988, and prior to January 1, 1989, or begins on or
26 after January 1, 1996, each payment shall be in an amount equal
SB3019 Enrolled  - 1109 - LRB104 20255 HLH 33706 b

 1 to 22.5% of the taxpayer's actual liability for the month or
 2 25% of the taxpayer's liability for the same calendar month of
 3 the preceding year. If the month during which such tax
 4 liability is incurred begins on or after January 1, 1989, and
 5 prior to January 1, 1996, each payment shall be in an amount
 6 equal to 22.5% of the taxpayer's actual liability for the
 7 month or 25% of the taxpayer's liability for the same calendar
 8 month of the preceding year or 100% of the taxpayer's actual
 9 liability for the quarter monthly reporting period. The amount
10 of such quarter monthly payments shall be credited against the
11 final tax liability of the taxpayer's return for that month.
12 Before October 1, 2000, once applicable, the requirement of
13 the making of quarter monthly payments to the Department shall
14 continue until such taxpayer's average monthly liability to
15 the Department during the preceding 4 complete calendar
16 quarters (excluding the month of highest liability and the
17 month of lowest liability) is less than $9,000, or until such
18 taxpayer's average monthly liability to the Department as
19 computed for each calendar quarter of the 4 preceding complete
20 calendar quarter period is less than $10,000. However, if a
21 taxpayer can show the Department that a substantial change in
22 the taxpayer's business has occurred which causes the taxpayer
23 to anticipate that his average monthly tax liability for the
24 reasonably foreseeable future will fall below the $10,000
25 threshold stated above, then such taxpayer may petition the
26 Department for change in such taxpayer's reporting status. On
SB3019 Enrolled  - 1110 - LRB104 20255 HLH 33706 b

 1 and after October 1, 2000, once applicable, the requirement of
 2 the making of quarter monthly payments to the Department shall
 3 continue until such taxpayer's average monthly liability to
 4 the Department during the preceding 4 complete calendar
 5 quarters (excluding the month of highest liability and the
 6 month of lowest liability) is less than $19,000 or until such
 7 taxpayer's average monthly liability to the Department as
 8 computed for each calendar quarter of the 4 preceding complete
 9 calendar quarter period is less than $20,000. However, if a
10 taxpayer can show the Department that a substantial change in
11 the taxpayer's business has occurred which causes the taxpayer
12 to anticipate that his average monthly tax liability for the
13 reasonably foreseeable future will fall below the $20,000
14 threshold stated above, then such taxpayer may petition the
15 Department for a change in such taxpayer's reporting status.
16 The Department shall change such taxpayer's reporting status
17 unless it finds that such change is seasonal in nature and not
18 likely to be long term. Quarter monthly payment status shall
19 be determined under this paragraph as if the rate reduction to
20 1.25% in Public Act 102-700 and in this amendatory Act of the
21 104th General Assembly on sales tax holiday items had not
22 occurred. For quarter monthly payments due on or after July 1,
23 2023 and through June 30, 2024, and on or after July 1, 2027
24 through June 30, 2028 "25% of the taxpayer's liability for the
25 same calendar month of the preceding year" shall be determined
26 as if the rate reduction to 1.25% in Public Act 102-700 and in
    SB3019 Enrolled  - 1111 - LRB104 20255 HLH 33706 b

1 this amendatory Act of 104th General Assembly on sales tax

2 holiday items had not occurred. Quarter monthly payment status

3 shall be determined under this paragraph as if the rate

4 reduction to 0% in Public Act 102-700 on food for human

5 consumption that is to be consumed off the premises where it is

6 sold (other than alcoholic beverages, food consisting of or

7 infused with adult use cannabis, soft drinks, and food that

8 has been prepared for immediate consumption) had not occurred.

9 For quarter monthly payments due under this paragraph on or

10 after July 1, 2023 and through June 30, 2024, "25% of the

11 taxpayer's liability for the same calendar month of the

12 preceding year" shall be determined as if the rate reduction

13 to 0% in Public Act 102-700 had not occurred. If any such

14 quarter monthly payment is not paid at the time or in the

15 amount required by this Section, then the taxpayer shall be

16 liable for penalties and interest on the difference between

17 the minimum amount due and the amount of such quarter monthly

18 payment actually and timely paid, except insofar as the

19 taxpayer has previously made payments for that month to the

20 Department in excess of the minimum payments previously due as

21 provided in this Section. The Department shall make reasonable

22 rules and regulations to govern the quarter monthly payment

23 amount and quarter monthly payment dates for taxpayers who

24 file on other than a calendar monthly basis.

25  If any such payment provided for in this Section exceeds

26 the taxpayer's liabilities under this Act, the Retailers'
    SB3019 Enrolled  - 1112 - LRB104 20255 HLH 33706 b

1 Occupation Tax Act, the Service Occupation Tax Act and the

2 Service Use Tax Act, as shown by an original monthly return,

3 the Department shall issue to the taxpayer a credit memorandum

4 no later than 30 days after the date of payment, which

5 memorandum may be submitted by the taxpayer to the Department

6 in payment of tax liability subsequently to be remitted by the

7 taxpayer to the Department or be assigned by the taxpayer to a

8 similar taxpayer under this Act, the Retailers' Occupation Tax

9 Act, the Service Occupation Tax Act or the Service Use Tax Act,

10 in accordance with reasonable rules and regulations to be

11 prescribed by the Department, except that if such excess

12 payment is shown on an original monthly return and is made

13 after December 31, 1986, no credit memorandum shall be issued,

14 unless requested by the taxpayer. If no such request is made,

15 the taxpayer may credit such excess payment against tax

16 liability subsequently to be remitted by the taxpayer to the

17 Department under this Act, the Retailers' Occupation Tax Act,

18 the Service Occupation Tax Act or the Service Use Tax Act, in

19 accordance with reasonable rules and regulations prescribed by

20 the Department. If the Department subsequently determines that

21 all or any part of the credit taken was not actually due to the

22 taxpayer, the taxpayer's vendor's discount shall be reduced,

23 if necessary, to reflect the difference between the credit

24 taken and that actually due, and the taxpayer shall be liable

25 for penalties and interest on such difference.

26  If the retailer is otherwise required to file a monthly
    SB3019 Enrolled        - 1113 - LRB104 20255 HLH 33706 b

1 return and if the retailer's average monthly tax liability to

2 the Department does not exceed $200, the Department may

3 authorize his returns to be filed on a quarter annual basis,

4 with the return for January, February, and March of a given

5 year being due by April 20 of such year; with the return for

6 April, May and June of a given year being due by July 20 of

7 such year; with the return for July, August and September of a

8 given 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 retailer is otherwise required to file a monthly or

12 quarterly return and if the retailer's average monthly tax

13 liability to the Department does not exceed $50, the

14 Department may authorize his returns to be filed on an annual

15 basis, with the return for a given year being due by January 20

16 of the following year.

17  Such quarter annual and annual returns, as to form and

18 substance, shall be subject to the same requirements as

19 monthly returns.

20  Notwithstanding any other provision in this Act concerning

21 the time within which a retailer may file his return, in the

22 case of any retailer who ceases to engage in a kind of business

23 which makes him responsible for filing returns under this Act,

24 such retailer shall file a final return under this Act with the

25 Department not more than one month after discontinuing such

26 business.
    SB3019 Enrolled  - 1114 - LRB104 20255 HLH 33706 b

1   In addition, with respect to motor vehicles, watercraft,

2 aircraft, and trailers that are required to be registered with

3 an agency of this State, except as otherwise provided in this

4 Section, every retailer selling this kind of tangible personal

5 property shall file, with the Department, upon a form to be

6 prescribed and supplied by the Department, a separate return

7 for each such item of tangible personal property which the

8 retailer sells, except that if, in the same transaction, (i) a

9 retailer of aircraft, watercraft, motor vehicles or trailers

10 transfers more than one aircraft, watercraft, motor vehicle or

11 trailer to another aircraft, watercraft, motor vehicle or

12 trailer retailer for the purpose of resale or (ii) a retailer

13 of aircraft, watercraft, motor vehicles, or trailers transfers

14 more than one aircraft, watercraft, motor vehicle, or trailer

15 to a purchaser for use as a qualifying rolling stock as

16 provided in Section 3-55 of this Act, then that seller may

17 report the transfer of all the aircraft, watercraft, motor

18 vehicles or trailers involved in that transaction to the

19 Department on the same uniform invoice-transaction reporting

20 return form. For purposes of this Section, "watercraft" means

21 a Class 2, Class 3, or Class 4 watercraft as defined in Section

22 3-2 of the Boat Registration and Safety Act, a personal

23 watercraft, or any boat equipped with an inboard motor.

24  In addition, with respect to motor vehicles, watercraft,

25 aircraft, and trailers that are required to be registered with

26 an agency of this State, every person who is engaged in the
    SB3019 Enrolled  - 1115 - LRB104 20255 HLH 33706 b

1 business of leasing or renting such items and who, in

2 connection with such business, sells any such item to a

3 retailer for the purpose of resale is, notwithstanding any

4 other provision of this Section to the contrary, authorized to

5 meet the return-filing requirement of this Act by reporting

6 the transfer of all the aircraft, watercraft, motor vehicles,

7 or trailers transferred for resale during a month to the

8 Department on the same uniform invoice-transaction reporting

9 return form on or before the 20th of the month following the

10 month in which the transfer takes place. Notwithstanding any

11 other provision of this Act to the contrary, all returns filed

12 under this paragraph must be filed by electronic means in the

13 manner and form as required by the Department.

14  The transaction reporting return in the case of motor

15 vehicles or trailers that are required to be registered with

16 an agency of this State, shall be the same document as the

17 Uniform Invoice referred to in Section 5-402 of the Illinois

18 Vehicle Code and must show the name and address of the seller;

19 the name and address of the purchaser; the amount of the

20 selling price including the amount allowed by the retailer for

21 traded-in property, if any; the amount allowed by the retailer

22 for the traded-in tangible personal property, if any, to the

23 extent to which Section 2 of this Act allows an exemption for

24 the value of traded-in property; the balance payable after

25 deducting such trade-in allowance from the total selling

26 price; the amount of tax due from the retailer with respect to
    SB3019 Enrolled  - 1116 - LRB104 20255 HLH 33706 b

1 such transaction; the amount of tax collected from the

2 purchaser by the retailer on such transaction (or satisfactory

3 evidence that such tax is not due in that particular instance,

4 if that is claimed to be the fact); the place and date of the

5 sale; a sufficient identification of the property sold; such

6 other information as is required in Section 5-402 of the

7 Illinois Vehicle Code, and such other information as the

8 Department may reasonably require.

9   The transaction reporting return in the case of watercraft

10 and aircraft must show the name and address of the seller; the

11 name and address of the purchaser; the amount of the selling

12 price including the amount allowed by the retailer for

13 traded-in property, if any; the amount allowed by the retailer

14 for the traded-in tangible personal property, if any, to the

15 extent to which Section 2 of this Act allows an exemption for

16 the value of traded-in property; the balance payable after

17 deducting such trade-in allowance from the total selling

18 price; the amount of tax due from the retailer with respect to

19 such transaction; the amount of tax collected from the

20 purchaser by the retailer on such transaction (or satisfactory

21 evidence that such tax is not due in that particular instance,

22 if that is claimed to be the fact); the place and date of the

23 sale, a sufficient identification of the property sold, and

24 such other information as the Department may reasonably

25 require.

26  Such transaction reporting return shall be filed not later
    SB3019 Enrolled             - 1117 - LRB104 20255 HLH 33706 b

1 than 20 days after the date of delivery of the item that is

2 being sold, but may be filed by the retailer at any time sooner

3 than that if he chooses to do so. The transaction reporting

4 return and tax remittance or proof of exemption from the tax

5 that is imposed by this Act may be transmitted to the

6 Department by way of the State agency with which, or State

7 officer with whom, the tangible personal property must be

8 titled or registered (if titling or registration is required)

9 if the Department and such agency or State officer determine

10 that this procedure will expedite the processing of

11 applications for title or registration.

12  With each such transaction reporting return, the retailer

13 shall remit the proper amount of tax due (or shall submit

14 satisfactory evidence that the sale is not taxable if that is

15 the case), to the Department or its agents, whereupon the

16 Department shall issue, in the purchaser's name, a tax receipt

17 (or a certificate of exemption if the Department is satisfied

18 that the particular sale is tax exempt) which such purchaser

19 may submit to the agency with which, or State officer with

20 whom, he must title or register the tangible personal property

21 that is involved (if titling or registration is required) in

22 support of such purchaser's application for an Illinois

23 certificate or other evidence of title or registration to such

24 tangible personal property.

25  No retailer's failure or refusal to remit tax under this

26 Act precludes a user, who has paid the proper tax to the
    SB3019 Enrolled           - 1118 - LRB104 20255 HLH 33706 b

1 retailer, from obtaining his certificate of title or other

2 evidence of title or registration (if titling or registration

3 is required) upon satisfying the Department that such user has

4 paid the proper tax (if tax is due) to the retailer. The

5 Department shall adopt appropriate rules to carry out the

6 mandate of this paragraph.

7   If the user who would otherwise pay tax to the retailer

8 wants the transaction reporting return filed and the payment

9 of tax or proof of exemption made to the Department before the

10 retailer is willing to take these actions and such user has not

11 paid the tax to the retailer, such user may certify to the fact

12 of such delay by the retailer, and may (upon the Department

13 being satisfied of the truth of such certification) transmit

14 the information required by the transaction reporting return

15 and the remittance for tax or proof of exemption directly to

16 the Department and obtain his tax receipt or exemption

17 determination, in which event the transaction reporting return

18 and tax remittance (if a tax payment was required) shall be

19 credited by the Department to the proper retailer's account

20 with the Department, but without the vendor's discount

21 provided for in this Section being allowed. When the user pays

22 the tax directly to the Department, he shall pay the tax in the

23 same amount and in the same form in which it would be remitted

24 if the tax had been remitted to the Department by the retailer.

25  On and after January 1, 2025, with respect to the lease of

26 trailers, other than semitrailers as defined in Section 1-187
    SB3019 Enrolled  - 1119 - LRB104 20255 HLH 33706 b

1 of the Illinois Vehicle Code, that are required to be

2 registered with an agency of this State and that are subject to

3 the tax on lease receipts under this Act, notwithstanding any

4 other provision of this Act to the contrary, for the purpose of

5 reporting and paying tax under this Act on those lease

6 receipts, lessors shall file returns in addition to and

7 separate from the transaction reporting return. Lessors shall

8 file those lease returns and make payment to the Department by

9 electronic means on or before the 20th day of each month

10 following the month, quarter, or year, as applicable, in which

11 lease receipts were received. All lease receipts received by

12 the lessor from the lease of those trailers during the same

13 reporting period shall be reported and tax shall be paid on a

14 single return form to be prescribed by the Department.

15  Where a retailer collects the tax with respect to the

16 selling price of tangible personal property which he sells and

17 the purchaser thereafter returns such tangible personal

18 property and the retailer refunds the selling price thereof to

19 the purchaser, such retailer shall also refund, to the

20 purchaser, the tax so collected from the purchaser. When

21 filing his return for the period in which he refunds such tax

22 to the purchaser, the retailer may deduct the amount of the tax

23 so refunded by him to the purchaser from any other use tax

24 which such retailer may be required to pay or remit to the

25 Department, as shown by such return, if the amount of the tax

26 to be deducted was previously remitted to the Department by
    SB3019 Enrolled       - 1120 - LRB104 20255 HLH 33706 b

1 such retailer. If the retailer has not previously remitted the

2 amount of such tax to the Department, he is entitled to no

3 deduction under this Act upon refunding such tax to the

4 purchaser.

5   Any retailer filing a return under this Section shall also

6 include (for the purpose of paying tax thereon) the total tax

7 covered by such return upon the selling price of tangible

8 personal property purchased by him at retail from a retailer,

9 but as to which the tax imposed by this Act was not collected

10 from the retailer filing such return, and such retailer shall

11 remit the amount of such tax to the Department when filing such

12 return.

13  If experience indicates such action to be practicable, the

14 Department may prescribe and furnish a combination or joint

15 return which will enable retailers, who are required to file

16 returns hereunder and also under the Retailers' Occupation Tax

17 Act, to furnish all the return information required by both

18 Acts on the one form.

19  Where the retailer has more than one business registered

20 with the Department under separate registration under this

21 Act, such retailer may not file each return that is due as a

22 single return covering all such registered businesses, but

23 shall file separate returns for each such registered business.

24  Beginning January 1, 1990, each month the Department shall

25 pay into the State and Local Sales Tax Reform Fund, a special

26 fund in the State treasury which is hereby created, the net
    SB3019 Enrolled        - 1121 - LRB104 20255 HLH 33706 b

1 revenue realized for the preceding month from the 1% tax

2 imposed under this Act.

3   Beginning January 1, 1990, each month the Department shall

4 pay into the County and Mass Transit District Fund 4% of the

5 net revenue realized for the preceding month from the 6.25%

6 general rate on the selling price of tangible personal

7 property which is purchased outside Illinois at retail from a

8 retailer and which is titled or registered by an agency of this

9 State's government.

10  Beginning January 1, 1990, each month the Department shall

11 pay into the State and Local Sales Tax Reform Fund, a special

12 fund in the State treasury, 20% of the net revenue realized for

13 the preceding month from the 6.25% general rate on the selling

14 price of tangible personal property, other than (i) tangible

15 personal property which is purchased outside Illinois at

16 retail from a retailer and which is titled or registered by an

17 agency of this State's government and (ii) aviation fuel sold

18 on or after December 1, 2019. This exception for aviation fuel

19 only applies for so long as the revenue use requirements of 49

20 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

21  For aviation fuel sold on or after December 1, 2019, each

22 month the Department shall pay into the State Aviation Program

23 Fund 20% of the net revenue realized for the preceding month

24 from the 6.25% general rate on the selling price of aviation

25 fuel, less an amount estimated by the Department to be

26 required for refunds of the 20% portion of the tax on aviation
    SB3019 Enrolled  - 1122 - LRB104 20255 HLH 33706 b

1 fuel under this Act, which amount shall be deposited into the

2 Aviation Fuel Sales Tax Refund Fund. The Department shall only

3 pay moneys into the State Aviation Program Fund and the

4 Aviation Fuels Sales Tax Refund Fund under this Act for so long

5 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

6 U.S.C. 47133 are binding on the State.

7   Beginning August 1, 2000, each month the Department shall

8 pay into the State and Local Sales Tax Reform Fund 100% of the

9 net revenue realized for the preceding month from the 1.25%

10 rate on the selling price of motor fuel and gasohol. If, in any

11 month, the tax on sales tax holiday items, as defined in

12 Section 3-6, is imposed at the rate of 1.25%, then the

13 Department shall pay 100% of the net revenue realized for that

14 month from the 1.25% rate on the selling price of sales tax

15 holiday items into the State and Local Sales Tax Reform Fund.

16  Beginning January 1, 1990, each month the Department shall

17 pay into the Local Government Tax Fund 16% of the net revenue

18 realized for the preceding month from the 6.25% general rate

19 on the selling price of tangible personal property which is

20 purchased outside Illinois at retail from a retailer and which

21 is titled or registered by an agency of this State's

22 government.

23  Beginning October 1, 2009, each month the Department shall

24 pay into the Capital Projects Fund an amount that is equal to

25 an amount estimated by the Department to represent 80% of the

26 net revenue realized for the preceding month from the sale of
    SB3019 Enrolled        - 1123 - LRB104 20255 HLH 33706 b

1 candy, grooming and hygiene products, and soft drinks that had

2 been taxed at a rate of 1% prior to September 1, 2009 but that

3 are now taxed at 6.25%.

4   Beginning July 1, 2011, each month the Department shall

5 pay into the Clean Air Act Permit Fund 80% of the net revenue

6 realized for the preceding month from the 6.25% general rate

7 on the selling price of sorbents used in Illinois in the

8 process of sorbent injection as used to comply with the

9 Environmental Protection Act or the federal Clean Air Act, but

10 the total payment into the Clean Air Act Permit Fund under this

11 Act and the Retailers' Occupation Tax Act shall not exceed

12 $2,000,000 in any fiscal year.

13  Beginning July 1, 2013, each month the Department shall

14 pay into the Underground Storage Tank Fund from the proceeds

15 collected under this Act, the Service Use Tax Act, the Service

16 Occupation Tax Act, and the Retailers' Occupation Tax Act an

17 amount equal to the average monthly deficit in the Underground

18 Storage Tank Fund during the prior year, as certified annually

19 by the Illinois Environmental Protection Agency, but the total

20 payment into the Underground Storage Tank Fund under this Act,

21 the Service Use Tax Act, the Service Occupation Tax Act, and

22 the Retailers' Occupation Tax Act shall not exceed $18,000,000

23 in any State fiscal year. As used in this paragraph, the

24 "average monthly deficit" shall be equal to the difference

25 between the average monthly claims for payment by the fund and

26 the average monthly revenues deposited into the fund,
   SB3019 Enrolled  - 1124 - LRB104 20255 HLH 33706 b

1 excluding payments made pursuant to this paragraph.

2  Beginning July 1, 2015, of the remainder of the moneys

3 received by the Department under this Act, the Service Use Tax

4 Act, the Service Occupation Tax Act, and the Retailers'

5 Occupation Tax Act, each month the Department shall deposit

6 $500,000 into the State Crime Laboratory 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 the

9 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

10 and after July 1, 1989, 3.8% thereof shall be paid into the

11 Build Illinois Fund; provided, however, that if in any fiscal

12 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

13 may be, of the moneys received by the Department and required

14 to be paid into the Build Illinois Fund pursuant to Section 3

15 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

16 Act, Section 9 of the Service Use Tax Act, and Section 9 of the

17 Service Occupation Tax Act, such Acts being hereinafter called

18 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

19 may be, of moneys being hereinafter called the "Tax Act

20 Amount", and (2) the amount transferred to the Build Illinois

21 Fund from the State and Local Sales Tax Reform Fund shall be

22 less than the Annual Specified Amount (as defined in Section 3

23 of the Retailers' Occupation Tax Act), an amount equal to the

24 difference shall be immediately paid into the Build Illinois

25 Fund from other moneys received by the Department pursuant to

26 the Tax Acts; and further provided, that if on the last
SB3019 Enrolled  - 1125 - LRB104 20255 HLH 33706 b

 1 business day of any month the sum of (1) the Tax Act Amount
 2 required to be deposited into the Build Illinois Bond Account
 3 in the Build Illinois Fund during such month and (2) the amount
 4 transferred during such month to the Build Illinois Fund from
 5 the State and Local Sales Tax Reform Fund shall have been less
 6 than 1/12 of the Annual Specified Amount, an amount equal to
 7 the difference shall be immediately paid into the Build
 8 Illinois Fund from other moneys received by the Department
 9 pursuant to the Tax Acts; and, further provided, that in no
10 event shall the payments required under the preceding proviso
11 result in aggregate payments into the Build Illinois Fund
12 pursuant to this clause (b) for any fiscal year in excess of
13 the greater of (i) the Tax Act Amount or (ii) the Annual
14 Specified Amount for such fiscal year; and, further provided,
15 that the amounts payable into the Build Illinois Fund under
16 this clause (b) shall be payable only until such time as the
17 aggregate amount on deposit under each trust indenture
18 securing Bonds issued and outstanding pursuant to the Build
19 Illinois Bond Act is sufficient, taking into account any
20 future investment income, to fully provide, in accordance with
21 such indenture, for the defeasance of or the payment of the
22 principal of, premium, if any, and interest on the Bonds
23 secured by such indenture and on any Bonds expected to be
24 issued thereafter and all fees and costs payable with respect
25 thereto, all as certified by the Director of the Bureau of the
26 Budget (now Governor's Office of Management and Budget). If on
    SB3019 Enrolled    - 1126 - LRB104 20255 HLH 33706 b

1 the last business day of any month in which Bonds are

2 outstanding pursuant to the Build Illinois Bond Act, the

3 aggregate of the moneys deposited into in the Build Illinois

4 Bond Account in the Build Illinois Fund in such month shall be

5 less than the amount required to be transferred in such month

6 from the Build Illinois Bond Account to the Build Illinois

7 Bond Retirement and Interest Fund pursuant to Section 13 of

8 the Build Illinois Bond Act, an amount equal to such

9 deficiency shall be immediately paid from other moneys

10 received by the Department pursuant to the Tax Acts to the

11 Build Illinois Fund; provided, however, that any amounts paid

12 to the Build Illinois Fund in any fiscal year pursuant to this

13 sentence shall be deemed to constitute payments pursuant to

14 clause (b) of the preceding sentence and shall reduce the

15 amount otherwise payable for such fiscal year pursuant to

16 clause (b) of the preceding sentence. The moneys received by

17 the Department pursuant to this Act and required to be

18 deposited into the Build Illinois Fund are subject to the

19 pledge, claim and charge set forth in Section 12 of the Build

20 Illinois Bond Act.

21  Subject to payment of amounts into the Build Illinois Fund

22 as provided in the preceding paragraph or in any amendment

23 thereto hereafter enacted, the following specified monthly

24 installment of the amount requested in the certificate of the

25 Chairman of the Metropolitan Pier and Exposition Authority

26 provided under Section 8.25f of the State Finance Act, but not
    SB3019 Enrolled        - 1127 - LRB104 20255 HLH 33706 b

1 in excess of the sums designated as "Total Deposit", shall be

2 deposited in the aggregate from collections under Section 9 of

3 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

4 9 of the Service Occupation Tax Act, and Section 3 of the

5 Retailers' Occupation Tax Act into the McCormick Place

6 Expansion Project Fund in the specified fiscal years.

7   Fiscal Year            Total Deposit

8                    1993                                $0

9                    1994  53,000,000

10                   1995  58,000,000

11                   1996  61,000,000

12                   1997  64,000,000

13                   1998  68,000,000

14                   1999  71,000,000

15                   2000  75,000,000

16                   2001  80,000,000

17                   2002  93,000,000

18                   2003  99,000,000

19                   2004  103,000,000

20                   2005  108,000,000

21                   2006  113,000,000

22                   2007  119,000,000

23                   2008  126,000,000

24                   2009  132,000,000

25                   2010  139,000,000

26                   2011  146,000,000
    SB3019 Enrolled        - 1128 - LRB104 20255 HLH 33706 b

1                    2012                                            153,000,000
                                                                     161,000,000
2                    2013                                            170,000,000
                                                                     179,000,000
3                    2014                                            189,000,000
                                                                     199,000,000
4                    2015                                            210,000,000
                                                                     221,000,000
5                    2016                                            233,000,000
                                                                     300,000,000
6                    2017                                            300,000,000
                                                                     300,000,000
7                    2018                                            300,000,000
                                                                     300,000,000
8                    2019                                            300,000,000
                                                                     375,000,000
9                    2020                                            375,000,000
                                                                     375,000,000
10                   2021                                            375,000,000
                                                                     375,000,000
11                   2022                                            375,000,000
                                                                     375,000,000
12                   2023                                            375,000,000
                                                                     375,000,000
13                   2024                                            450,000,000

14                   2025

15                   2026

16                   2027

17                   2028

18                   2029

19                   2030

20                   2031

21                   2032

22                   2033

23                   2034

24                   2035

25                   2036

26                   and
    SB3019 Enrolled   - 1129 - LRB104 20255 HLH 33706 b

1   each fiscal year

2   thereafter that bonds

3   are outstanding under

4   Section 13.2 of the

5   Metropolitan Pier and

6   Exposition Authority Act,

7   but not after fiscal year 2060.

8   Beginning July 20, 1993 and in each month of each fiscal

9 year thereafter, one-eighth of the amount requested in the

10 certificate of the Chairman of the Metropolitan Pier and

11 Exposition Authority for that fiscal year, less the amount

12 deposited into the McCormick Place Expansion Project Fund by

13 the State Treasurer in the respective month under subsection

14 (g) of Section 13 of the Metropolitan Pier and Exposition

15 Authority Act, plus cumulative deficiencies in the deposits

16 required under this Section for previous months and years,

17 shall be deposited into the McCormick Place Expansion Project

18 Fund, until the full amount requested for the fiscal year, but

19 not in excess of the amount specified above as "Total

20 Deposit", has been deposited.

21  Subject to payment of amounts into the Capital Projects

22 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

23 and the McCormick Place Expansion Project Fund pursuant to the

24 preceding paragraphs or in any amendments thereto hereafter

25 enacted, for aviation fuel sold on or after December 1, 2019,

26 the Department shall each month deposit into the Aviation Fuel
    SB3019 Enrolled      - 1130 - LRB104 20255 HLH 33706 b

1 Sales Tax Refund Fund an amount estimated by the Department to

2 be required for refunds of the 80% portion of the tax on

3 aviation fuel under this Act. The Department shall only

4 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

5 under this paragraph for so long as the revenue use

6 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

7 binding on the State.

8   Subject to payment of amounts into the Build Illinois Fund

9 and the McCormick Place Expansion Project Fund pursuant to the

10 preceding paragraphs or in any amendments thereto hereafter

11 enacted, beginning July 1, 1993 and ending on September 30,

12 2013, the Department shall each month pay into the Illinois

13 Tax Increment Fund 0.27% of 80% of the net revenue realized for

14 the preceding month from the 6.25% general rate on the selling

15 price of tangible personal property.

16  Subject to payment of amounts into the Build Illinois

17 Fund, the McCormick Place Expansion Project Fund, the Illinois

18 Tax Increment Fund, and the Energy Infrastructure Fund

19 pursuant to the preceding paragraphs or in any amendments to

20 this Section hereafter enacted, beginning on the first day of

21 the first calendar month to occur on or after August 26, 2014

22 (the effective date of Public Act 98-1098), each month, from

23 the collections made under Section 9 of the Use Tax Act,

24 Section 9 of the Service Use Tax Act, Section 9 of the Service

25 Occupation Tax Act, and Section 3 of the Retailers' Occupation

26 Tax Act, the Department shall pay into the Tax Compliance and
    SB3019 Enrolled  - 1131 - LRB104 20255 HLH 33706 b

1 Administration Fund, to be used, subject to appropriation, to

2 fund additional auditors and compliance personnel at the

3 Department of Revenue, an amount equal to 1/12 of 5% of 80% of

4 the cash receipts collected during the preceding fiscal year

5 by the Audit Bureau of the Department under the Use Tax Act,

6 the Service Use Tax Act, the Service Occupation Tax Act, the

7 Retailers' Occupation Tax Act, and associated local occupation

8 and use taxes administered by the Department.

9   Subject to payments of amounts into the Build Illinois

10 Fund, the McCormick Place Expansion Project Fund, the Illinois

11 Tax Increment Fund, and the Tax Compliance and Administration

12 Fund as provided in this Section, beginning on July 1, 2018 the

13 Department shall pay each month into the Downstate Public

14 Transportation Fund the moneys required to be so paid under

15 Section 2-3 of the Downstate Public Transportation Act.

16  Subject to successful execution and delivery of a

17 public-private agreement between the public agency and private

18 entity and completion of the civic build, beginning on July 1,

19 2023, of the remainder of the moneys received by the

20 Department under the Use Tax Act, the Service Use Tax Act, the

21 Service Occupation Tax Act, and this Act, the Department shall

22 deposit the following specified deposits in the aggregate from

23 collections under the Use Tax Act, the Service Use Tax Act, the

24 Service Occupation Tax Act, and the Retailers' Occupation Tax

25 Act, as required under Section 8.25g of the State Finance Act

26 for distribution consistent with the Public-Private
    SB3019 Enrolled  - 1132 - LRB104 20255 HLH 33706 b

1 Partnership for Civic and Transit Infrastructure Project Act.

2 The moneys received by the Department pursuant to this Act and

3 required to be deposited into the Civic and Transit

4 Infrastructure Fund are subject to the pledge, claim, and

5 charge set forth in Section 25-55 of the Public-Private

6 Partnership for Civic and Transit Infrastructure Project Act.

7 As used in this paragraph, "civic build", "private entity",

8 "public-private agreement", and "public agency" have the

9 meanings provided in Section 25-10 of the Public-Private

10 Partnership for Civic and Transit Infrastructure Project Act.

11  Fiscal Year ............................ Total Deposit

12  2024 .................................... $200,000,000

13  2025 .................................... $206,000,000

14  2026 .................................... $212,200,000

15  2027 .................................... $218,500,000

16  2028 .................................... $225,100,000

17  2029 .................................... $288,700,000

18  2030 .................................... $298,900,000

19  2031 .................................... $309,300,000

20  2032 .................................... $320,100,000

21  2033 .................................... $331,200,000

22  2034 .................................... $341,200,000

23  2035 .................................... $351,400,000

24  2036 .................................... $361,900,000

25  2037 .................................... $372,800,000

26  2038 .................................... $384,000,000
   SB3019 Enrolled  - 1133 - LRB104 20255 HLH 33706 b

1  2039 .................................... $395,500,000

2  2040 .................................... $407,400,000

3  2041 .................................... $419,600,000

4  2042 .................................... $432,200,000

5  2043 .................................... $445,100,000

6  Beginning July 1, 2021 and until July 1, 2022, subject to

7 the payment of amounts into the State and Local Sales Tax

8 Reform Fund, the Build Illinois Fund, the McCormick Place

9 Expansion Project Fund, the Illinois Tax Increment Fund, and

10 the Tax Compliance and Administration Fund as provided in this

11 Section, the Department shall pay each month into the Road

12 Fund the amount estimated to represent 16% of the net revenue

13 realized from the taxes imposed on motor fuel and gasohol.

14 Beginning July 1, 2022 and until July 1, 2023, subject to the

15 payment of amounts into the State and Local Sales Tax Reform

16 Fund, the Build Illinois Fund, the McCormick Place Expansion

17 Project Fund, the Illinois Tax Increment Fund, and the Tax

18 Compliance and Administration Fund as provided in this

19 Section, the Department shall pay each month into the Road

20 Fund the amount estimated to represent 32% of the net revenue

21 realized from the taxes imposed on motor fuel and gasohol.

22 Beginning July 1, 2023 and until July 1, 2024, subject to the

23 payment of amounts into the State and Local Sales Tax Reform

24 Fund, the Build Illinois Fund, the McCormick Place Expansion

25 Project Fund, the Illinois Tax Increment Fund, and the Tax

26 Compliance and Administration Fund as provided in this
    SB3019 Enrolled  - 1134 - LRB104 20255 HLH 33706 b

1 Section, the Department shall pay each month into the Road

2 Fund the amount estimated to represent 48% of the net revenue

3 realized from the taxes imposed on motor fuel and gasohol.

4 Beginning July 1, 2024 and until July 1, 2026, subject to the

5 payment of amounts into the State and Local Sales Tax Reform

6 Fund, the Build Illinois Fund, the McCormick Place Expansion

7 Project Fund, the Illinois Tax Increment Fund, and the Tax

8 Compliance and Administration Fund as provided in this

9 Section, the Department shall pay each month into the Road

10 Fund the amount estimated to represent 64% of the net revenue

11 realized from the taxes imposed on motor fuel and gasohol.

12 Beginning on July 1, 2026, subject to the payment of amounts

13 into the State and Local Sales Tax Reform Fund, the Build

14 Illinois Fund, the McCormick Place Expansion Project Fund, the

15 Illinois Tax Increment Fund, and the Tax Compliance and

16 Administration Fund as provided in this Section, the

17 Department shall pay each month into the Road Fund the amount

18 estimated to represent 80% of the net revenue realized from

19 the taxes imposed on motor fuel and gasohol. As used in this

20 paragraph, "motor fuel" has the meaning given to that term in

21 Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the

22 meaning given to that term in Section 3-40 of this Act.

23  Until July 1, 2025, of the remainder of the moneys

24 received by the Department pursuant to this Act, 75% thereof

25 shall be paid into the State treasury and 25% shall be reserved

26 in a special account and used only for the transfer to the
    SB3019 Enrolled           - 1135 - LRB104 20255 HLH 33706 b

1 Common School Fund as part of the monthly transfer from the

2 General Revenue Fund in accordance with Section 8a of the

3 State Finance Act. Beginning July 1, 2025, of the remainder of

4 the moneys received by the Department pursuant to this Act,

5 75% shall be deposited into the General Revenue Fund and 25%

6 shall be deposited into the Common School Fund.

7   As soon as possible after the first day of each month, upon

8 certification of the Department of Revenue, the Comptroller

9 shall order transferred and the Treasurer shall transfer from

10 the General Revenue Fund to the Motor Fuel Tax Fund an amount

11 equal to 1.7% of 80% of the net revenue realized under this Act

12 for the second preceding month. Beginning April 1, 2000, this

13 transfer is no longer required and shall not be made.

14  Net revenue realized for a month shall be the revenue

15 collected by the State pursuant to this Act, less the amount

16 paid out during that month as refunds to taxpayers for

17 overpayment of liability.

18  For greater simplicity of administration, manufacturers,

19 importers and wholesalers whose products are sold at retail in

20 Illinois by numerous retailers, and who wish to do so, may

21 assume the responsibility for accounting and paying to the

22 Department all tax accruing under this Act with respect to

23 such sales, if the retailers who are affected do not make

24 written objection to the Department to this arrangement.

25 (Source: P.A. 103-154, eff. 6-30-23; 103-363, eff. 7-28-23;

26 103-592, Article 75, Section 75-5, eff. 1-1-25; 103-592,
   SB3019 Enrolled  - 1136 - LRB104 20255 HLH 33706 b

1 Article 110, Section 110-5, eff. 6-7-24; 103-1055, eff.
2 12-20-24; 104-6, Article 5, Section 5-10, eff. 6-16-25; 104-6,
3 Article 35, Section 35-20, eff. 6-16-25; revised 1-12-26.)

4  (Text of Section after amendment by P.A. 104-457)

5  Sec. 9. Except as to motor vehicles, watercraft, aircraft,

6 and trailers that are required to be registered with an agency

7 of this State, each retailer required or authorized to collect

8 the tax imposed by this Act shall pay to the Department the

9 amount of such tax (except as otherwise provided) at the time

10 when he is required to file his return for the period during

11 which such tax was collected, less a discount of 2.1% prior to

12 January 1, 1990, and 1.75% on and after January 1, 1990, or $5

13 per calendar year, whichever is greater, which is allowed to

14 reimburse the retailer for expenses incurred in collecting the

15 tax, keeping records, preparing and filing returns, remitting

16 the tax and supplying data to the Department on request.

17 Beginning with returns due on or after January 1, 2025, the

18 discount allowed in this Section, the Retailers' Occupation

19 Tax Act, the Service Occupation Tax Act, and the Service Use

20 Tax Act, including any local tax administered by the

21 Department and reported on the same return, shall not exceed

22 $1,000 per month in the aggregate for returns other than

23 transaction returns filed during the month. When determining

24 the discount allowed under this Section, retailers shall

25 include the amount of tax that would have been due at the 6.25%
SB3019 Enrolled  - 1137 - LRB104 20255 HLH 33706 b

 1 rate but for the 1.25% rate imposed on sales tax holiday items
 2 under Public Act 102-700 and under this amendatory Act of the
 3 104th General Assembly. The discount under this Section is not
 4 allowed for the 1.25% portion of taxes paid on aviation fuel
 5 that is subject to the revenue use requirements of 49 U.S.C.
 6 47107(b) and 49 U.S.C. 47133. When determining the discount
 7 allowed under this Section, retailers shall include the amount
 8 of tax that would have been due at the 1% rate but for the 0%
 9 rate imposed under Public Act 102-700. In the case of
10 retailers who report and pay the tax on a transaction by
11 transaction basis, as provided in this Section, such discount
12 shall be taken with each such tax remittance instead of when
13 such retailer files his periodic return, but, beginning with
14 returns due on or after January 1, 2025, the discount allowed
15 under this Section and the Retailers' Occupation Tax Act,
16 including any local tax administered by the Department and
17 reported on the same transaction return, shall not exceed
18 $1,000 per month for all transaction returns filed during the
19 month. The discount allowed under this Section is allowed only
20 for returns that are filed in the manner required by this Act.
21 The Department may disallow the discount for retailers whose
22 certificate of registration is revoked at the time the return
23 is filed, but only if the Department's decision to revoke the
24 certificate of registration has become final. A retailer need
25 not remit that part of any tax collected by him to the extent
26 that he is required to remit and does remit the tax imposed by
    SB3019 Enrolled   - 1138 - LRB104 20255 HLH 33706 b

1 the Retailers' Occupation Tax Act, with respect to the sale of

2 the same property.

3   Where such tangible personal property is sold under a

4 conditional sales contract, or under any other form of sale

5 wherein the payment of the principal sum, or a part thereof, is

6 extended beyond the close of the period for which the return is

7 filed, the retailer, in collecting the tax (except as to motor

8 vehicles, watercraft, aircraft, and trailers that are required

9 to be registered with an agency of this State), may collect for

10 each tax return period only the tax applicable to that part of

11 the selling price actually received during such tax return

12 period.

13  In the case of leases, except as otherwise provided in

14 this Act, the lessor, in collecting the tax, may collect for

15 each tax return period only the tax applicable to that part of

16 the selling price actually received during such tax return

17 period.

18  Except as provided in this Section, on or before the

19 twentieth day of each calendar month, such retailer shall file

20 a return for the preceding calendar month. Such return shall

21 be filed on forms prescribed by the Department and shall

22 furnish such information as the Department may reasonably

23 require. The return shall include the gross receipts on food

24 for human consumption that is to be consumed off the premises

25 where it is sold (other than alcoholic beverages, food

26 consisting of or infused with adult use cannabis, soft drinks,
    SB3019 Enrolled     - 1139 - LRB104 20255 HLH 33706 b

1 and food that has been prepared for immediate consumption)

2 which were received during the preceding calendar month,

3 quarter, or year, as appropriate, and upon which tax would

4 have been due but for the 0% rate imposed under Public Act

5 102-700. The return shall also include the amount of tax that

6 would have been due on food for human consumption that is to be

7 consumed off the premises where it is sold (other than

8 alcoholic beverages, food consisting of or infused with adult

9 use cannabis, soft drinks, and food that has been prepared for

10 immediate consumption) but for the 0% rate imposed under

11 Public Act 102-700.

12  On and after January 1, 2018, except for returns required

13 to be filed prior to January 1, 2023 for motor vehicles,

14 watercraft, aircraft, and trailers that are required to be

15 registered with an agency of this State, with respect to

16 retailers whose annual gross receipts average $20,000 or more,

17 all returns required to be filed pursuant to this Act shall be

18 filed electronically. On and after January 1, 2023, with

19 respect to retailers whose annual gross receipts average

20 $20,000 or more, all returns required to be filed pursuant to

21 this Act, including, but not limited to, returns for motor

22 vehicles, watercraft, aircraft, and trailers that are required

23 to be registered with an agency of this State, shall be filed

24 electronically. Retailers who demonstrate that they do not

25 have access to the Internet or demonstrate hardship in filing

26 electronically may petition the Department to waive the
    SB3019 Enrolled  - 1140 - LRB104 20255 HLH 33706 b

1 electronic filing requirement.

2   The Department may require returns to be filed on a

3 quarterly basis. If so required, a return for each calendar

4 quarter shall be filed on or before the twentieth day of the

5 calendar month following the end of such calendar quarter. The

6 taxpayer shall also file a return with the Department for each

7 of the first 2 months of each calendar quarter, on or before

8 the twentieth day of the following calendar month, stating:

9   1. The name of the seller;

10  2. The address of the principal place of business from

11  which he engages in the business of selling tangible

12  personal property at retail in this State;

13  3. The total amount of taxable receipts received by

14  him during the preceding calendar month from sales of

15  tangible personal property by him during such preceding

16  calendar month, including receipts from charge and time

17  sales, but less all deductions allowed by law;

18  4. The amount of credit provided in Section 2d of this

19  Act;

20  5. The amount of tax due;

21  5-5. The signature of the taxpayer; and

22  6. Such other reasonable information as the Department

23  may require.

24  Each retailer required or authorized to collect the tax

25 imposed by this Act on aviation fuel sold at retail in this

26 State during the preceding calendar month shall, instead of
    SB3019 Enrolled  - 1141 - LRB104 20255 HLH 33706 b

1 reporting and paying tax on aviation fuel as otherwise

2 required by this Section, report and pay such tax on a separate

3 aviation fuel tax return. The requirements related to the

4 return shall be as otherwise provided in this Section.

5 Notwithstanding any other provisions of this Act to the

6 contrary, retailers collecting tax on aviation fuel shall file

7 all aviation fuel tax returns and shall make all aviation fuel

8 tax payments by electronic means in the manner and form

9 required by the Department. For purposes of this Section,

10 "aviation fuel" means jet fuel and aviation gasoline.

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 be

14 due on the return shall be deemed assessed.

15  Notwithstanding any other provision of this Act to the

16 contrary, retailers subject to tax on cannabis shall file all

17 cannabis tax returns and shall make all cannabis tax payments

18 by electronic means in the manner and form required by the

19 Department.

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 has

24 an average monthly tax liability of $100,000 or more shall

25 make all payments required by rules of the Department by

26 electronic funds transfer. Beginning October 1, 1995, a
    SB3019 Enrolled  - 1142 - LRB104 20255 HLH 33706 b

1 taxpayer who has an average monthly tax liability of $50,000

2 or more shall make all payments required by rules of the

3 Department by electronic funds transfer. Beginning October 1,

4 2000, a taxpayer who has an annual tax liability of $200,000 or

5 more shall make all payments required by rules of the

6 Department by electronic funds transfer. The term "annual tax

7 liability" shall be the sum of the taxpayer's liabilities

8 under this Act, and under all other State and local occupation

9 and use tax laws administered by the Department, for the

10 immediately preceding calendar year. The term "average monthly

11 tax liability" means the sum of the taxpayer's liabilities

12 under this Act, and under all other State and local occupation

13 and use tax laws administered by the Department, for the

14 immediately preceding calendar year divided by 12. Beginning

15 on October 1, 2002, a taxpayer who has a tax liability in the

16 amount set forth in subsection (b) of Section 2505-210 of the

17 Department of Revenue Law shall make all payments required by

18 rules of the Department by electronic funds transfer.

19  Before August 1 of each year beginning in 1993, the

20 Department shall notify all taxpayers required to make

21 payments by electronic funds transfer. All taxpayers required

22 to make payments by electronic funds transfer shall make those

23 payments for a minimum of one year beginning on October 1.

24  Any taxpayer not required to make payments by electronic

25 funds transfer may make payments by electronic funds transfer

26 with the permission of the Department.
   SB3019 Enrolled  - 1143 - LRB104 20255 HLH 33706 b

1  All taxpayers required to make payment by electronic funds

2 transfer and any taxpayers authorized to voluntarily make

3 payments by electronic funds transfer shall make those

4 payments in the manner authorized by the Department.

5  The Department shall adopt such rules as are necessary to

6 effectuate a program of electronic funds transfer and the

7 requirements of this Section.

8  Before October 1, 2000, if the taxpayer's average monthly

9 tax liability to the Department under this Act, the Retailers'

10 Occupation Tax Act, the Service Occupation Tax Act, the

11 Service Use Tax Act was $10,000 or more during the preceding 4

12 complete calendar quarters, he shall file a return with the

13 Department each month by the 20th day of the month next

14 following the month during which such tax liability is

15 incurred and shall make payments to the Department on or

16 before the 7th, 15th, 22nd and last day of the month during

17 which such liability is incurred. On and after October 1,

18 2000, if the taxpayer's average monthly tax liability to the

19 Department under this Act, the Retailers' Occupation Tax Act,

20 the Service Occupation Tax Act, and the Service Use Tax Act was

21 $20,000 or more during the preceding 4 complete calendar

22 quarters, he shall file a return with the Department each

23 month by the 20th day of the month next following the month

24 during which such tax liability is incurred and shall make

25 payment to the Department on or before the 7th, 15th, 22nd and

26 last day of the month during which such liability is incurred.
SB3019 Enrolled  - 1144 - LRB104 20255 HLH 33706 b

 1 If the month during which such tax liability is incurred began
 2 prior to January 1, 1985, each payment shall be in an amount
 3 equal to 1/4 of the taxpayer's actual liability for the month
 4 or an amount set by the Department not to exceed 1/4 of the
 5 average monthly liability of the taxpayer to the Department
 6 for the preceding 4 complete calendar quarters (excluding the
 7 month of highest liability and the month of lowest liability
 8 in such 4 quarter period). If the month during which such tax
 9 liability is incurred begins on or after January 1, 1985, and
10 prior to January 1, 1987, each payment shall be in an amount
11 equal to 22.5% of the taxpayer's actual liability for the
12 month or 27.5% of the taxpayer's liability for the same
13 calendar month of the preceding year. If the month during
14 which such tax liability is incurred begins on or after
15 January 1, 1987, and prior to January 1, 1988, each payment
16 shall be in an amount equal to 22.5% of the taxpayer's actual
17 liability for the month or 26.25% of the taxpayer's liability
18 for the same calendar month of the preceding year. If the month
19 during which such tax liability is incurred begins on or after
20 January 1, 1988, and prior to January 1, 1989, or begins on or
21 after January 1, 1996, each payment shall be in an amount equal
22 to 22.5% of the taxpayer's actual liability for the month or
23 25% of the taxpayer's liability for the same calendar month of
24 the preceding year. If the month during which such tax
25 liability is incurred begins on or after January 1, 1989, and
26 prior to January 1, 1996, each payment shall be in an amount
SB3019 Enrolled  - 1145 - LRB104 20255 HLH 33706 b

 1 equal to 22.5% of the taxpayer's actual liability for the
 2 month or 25% of the taxpayer's liability for the same calendar
 3 month of the preceding year or 100% of the taxpayer's actual
 4 liability for the quarter monthly reporting period. The amount
 5 of such quarter monthly payments shall be credited against the
 6 final tax liability of the taxpayer's return for that month.
 7 Before October 1, 2000, once applicable, the requirement of
 8 the making of quarter monthly payments to the Department shall
 9 continue until such taxpayer's average monthly liability to
10 the Department during the preceding 4 complete calendar
11 quarters (excluding the month of highest liability and the
12 month of lowest liability) is less than $9,000, or until such
13 taxpayer's average monthly liability to the Department as
14 computed for each calendar quarter of the 4 preceding complete
15 calendar quarter period is less than $10,000. However, if a
16 taxpayer can show the Department that a substantial change in
17 the taxpayer's business has occurred which causes the taxpayer
18 to anticipate that his average monthly tax liability for the
19 reasonably foreseeable future will fall below the $10,000
20 threshold stated above, then such taxpayer may petition the
21 Department for change in such taxpayer's reporting status. On
22 and after October 1, 2000, once applicable, the requirement of
23 the making of quarter monthly payments to the Department shall
24 continue until such taxpayer's average monthly liability to
25 the Department during the preceding 4 complete calendar
26 quarters (excluding the month of highest liability and the
SB3019 Enrolled  - 1146 - LRB104 20255 HLH 33706 b

 1 month of lowest liability) is less than $19,000 or until such
 2 taxpayer's average monthly liability to the Department as
 3 computed for each calendar quarter of the 4 preceding complete
 4 calendar quarter period is less than $20,000. However, if a
 5 taxpayer can show the Department that a substantial change in
 6 the taxpayer's business has occurred which causes the taxpayer
 7 to anticipate that his average monthly tax liability for the
 8 reasonably foreseeable future will fall below the $20,000
 9 threshold stated above, then such taxpayer may petition the
10 Department for a change in such taxpayer's reporting status.
11 The Department shall change such taxpayer's reporting status
12 unless it finds that such change is seasonal in nature and not
13 likely to be long term. Quarter monthly payment status shall
14 be determined under this paragraph as if the rate reduction to
15 1.25% in Public Act 102-700 and in this amendatory Act of the
16 104th General Assembly on sales tax holiday items had not
17 occurred. For quarter monthly payments due on or after July 1,
18 2023 and through June 30, 2024, and on or after July 1, 2027
19 through June 30, 2028, "25% of the taxpayer's liability for
20 the same calendar month of the preceding year" shall be
21 determined as if the rate reduction to 1.25% in Public Act
22 102-700 and in this amendatory Act of 104th General Assembly
23 on sales tax holiday items had not occurred. Quarter monthly
24 payment status shall be determined under this paragraph as if
25 the rate reduction to 0% in Public Act 102-700 on food for
26 human consumption that is to be consumed off the premises
    SB3019 Enrolled  - 1147 - LRB104 20255 HLH 33706 b

1 where it is sold (other than alcoholic beverages, food

2 consisting of or infused with adult use cannabis, soft drinks,

3 and food that has been prepared for immediate consumption) had

4 not occurred. For quarter monthly payments due under this

5 paragraph on or after July 1, 2023 and through June 30, 2024,

6 "25% of the taxpayer's liability for the same calendar month

7 of the preceding year" shall be determined as if the rate

8 reduction to 0% in Public Act 102-700 had not occurred. If any

9 such quarter monthly payment is not paid at the time or in the

10 amount required by this Section, then the taxpayer shall be

11 liable for penalties and interest on the difference between

12 the minimum amount due and the amount of such quarter monthly

13 payment actually and timely paid, except insofar as the

14 taxpayer has previously made payments for that month to the

15 Department in excess of the minimum payments previously due as

16 provided in this Section. The Department shall make reasonable

17 rules and regulations to govern the quarter monthly payment

18 amount and quarter monthly payment dates for taxpayers who

19 file on other than a calendar monthly basis.

20  If any such payment provided for in this Section exceeds

21 the taxpayer's liabilities under this Act, the Retailers'

22 Occupation Tax Act, the Service Occupation Tax Act and the

23 Service Use Tax Act, as shown by an original monthly return,

24 the Department shall issue to the taxpayer a credit memorandum

25 no later than 30 days after the date of payment, which

26 memorandum may be submitted by the taxpayer to the Department
    SB3019 Enrolled  - 1148 - LRB104 20255 HLH 33706 b

1 in payment of tax liability subsequently to be remitted by the

2 taxpayer to the Department or be assigned by the taxpayer to a

3 similar taxpayer under this Act, the Retailers' Occupation Tax

4 Act, the Service Occupation Tax Act or the Service Use Tax Act,

5 in accordance with reasonable rules and regulations to be

6 prescribed by the Department, except that if such excess

7 payment is shown on an original monthly return and is made

8 after December 31, 1986, no credit memorandum shall be issued,

9 unless requested by the taxpayer. If no such request is made,

10 the taxpayer may credit such excess payment against tax

11 liability subsequently to be remitted by the taxpayer to the

12 Department under this Act, the Retailers' Occupation Tax Act,

13 the Service Occupation Tax Act or the Service Use Tax Act, in

14 accordance with reasonable rules and regulations prescribed by

15 the Department. If the Department subsequently determines that

16 all or any part of the credit taken was not actually due to the

17 taxpayer, the taxpayer's vendor's discount shall be reduced,

18 if necessary, to reflect the difference between the credit

19 taken and that actually due, and the taxpayer shall be liable

20 for penalties and interest on such difference.

21  If the retailer is otherwise required to file a monthly

22 return and if the retailer's average monthly tax liability to

23 the Department does not exceed $200, the Department may

24 authorize his returns to be filed on a quarter annual basis,

25 with the return for January, February, and March of a given

26 year being due by April 20 of such year; with the return for
    SB3019 Enrolled        - 1149 - LRB104 20255 HLH 33706 b

1 April, May and June of a given year being due by July 20 of

2 such year; with the return for July, August and September of a

3 given year being due by October 20 of such year, and with the

4 return for October, November and December of a given year

5 being due by January 20 of the following year.

6   If the retailer is otherwise required to file a monthly or

7 quarterly return and if the retailer's average monthly tax

8 liability to the Department does not exceed $50, the

9 Department may authorize his returns to be filed on an annual

10 basis, with the return for a given year being due by January 20

11 of the following year.

12  Such quarter annual and annual returns, as to form and

13 substance, shall be subject to the same requirements as

14 monthly returns.

15  Notwithstanding any other provision in this Act concerning

16 the time within which a retailer may file his return, in the

17 case of any retailer who ceases to engage in a kind of business

18 which makes him responsible for filing returns under this Act,

19 such retailer shall file a final return under this Act with the

20 Department not more than one month after discontinuing such

21 business.

22  In addition, with respect to motor vehicles, watercraft,

23 aircraft, and trailers that are required to be registered with

24 an agency of this State, except as otherwise provided in this

25 Section, every retailer selling this kind of tangible personal

26 property shall file, with the Department, upon a form to be
    SB3019 Enrolled  - 1150 - LRB104 20255 HLH 33706 b

1 prescribed and supplied by the Department, a separate return

2 for each such item of tangible personal property which the

3 retailer sells, except that if, in the same transaction, (i) a

4 retailer of aircraft, watercraft, motor vehicles or trailers

5 transfers more than one aircraft, watercraft, motor vehicle or

6 trailer to another aircraft, watercraft, motor vehicle or

7 trailer retailer for the purpose of resale or (ii) a retailer

8 of 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 3-55 of this Act, then that seller may

12 report the transfer of all the 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" means

16 a Class 2, Class 3, or Class 4 watercraft as defined in Section

17 3-2 of the Boat Registration and Safety Act, a personal

18 watercraft, or any boat equipped with an inboard motor.

19  In addition, with respect to motor vehicles, watercraft,

20 aircraft, and trailers that are required to be registered with

21 an agency of this State, every person who is engaged in the

22 business of leasing or renting such items and who, in

23 connection with such business, sells any such item to a

24 retailer for the purpose of resale is, notwithstanding any

25 other provision of this Section to the contrary, authorized to

26 meet the return-filing requirement of this Act by reporting
   SB3019 Enrolled  - 1151 - LRB104 20255 HLH 33706 b

1 the transfer of all the aircraft, watercraft, motor vehicles,

2 or trailers transferred for resale during a month to the

3 Department on the same uniform invoice-transaction reporting

4 return form on or before the 20th of the month following the

5 month in which the transfer takes place. Notwithstanding any

6 other provision of this Act to the contrary, all returns filed

7 under this paragraph must be filed by electronic means in the

8 manner and form as required by the Department.

9  The transaction reporting return in the case of motor

10 vehicles or trailers that are required to be registered with

11 an agency of this State, shall be the same document as the

12 Uniform Invoice referred to in Section 5-402 of the Illinois

13 Vehicle Code and must show the name and address of the seller;

14 the name and address of the purchaser; the amount of the

15 selling price including the amount allowed by the retailer for

16 traded-in property, if any; the amount allowed by the retailer

17 for the traded-in tangible personal property, if any, to the

18 extent to which Section 2 of this Act allows an exemption for

19 the value of traded-in property; the balance payable after

20 deducting such trade-in allowance from the total selling

21 price; the amount of tax due from the retailer with respect to

22 such transaction; the amount of tax collected from the

23 purchaser by the retailer on such transaction (or satisfactory

24 evidence that such tax is not due in that particular instance,

25 if that is claimed to be the fact); the place and date of the

26 sale; a sufficient identification of the property sold; such
    SB3019 Enrolled  - 1152 - LRB104 20255 HLH 33706 b

1 other information as is required in Section 5-402 of the

2 Illinois Vehicle Code, and such other information as the

3 Department may reasonably require.

4   The transaction reporting return in the case of watercraft

5 and aircraft must show the name and address of the seller; the

6 name and address of the purchaser; the amount of the selling

7 price including the amount allowed by the retailer for

8 traded-in property, if any; the amount allowed by the retailer

9 for the traded-in tangible personal property, if any, to the

10 extent to which Section 2 of this Act allows an exemption for

11 the value of traded-in property; the balance payable after

12 deducting such trade-in allowance from the total selling

13 price; the amount of tax due from the retailer with respect to

14 such transaction; the amount of tax collected from the

15 purchaser by the retailer on such transaction (or satisfactory

16 evidence that such tax is not due in that particular instance,

17 if that is claimed to be the fact); the place and date of the

18 sale, a sufficient identification of the property sold, and

19 such other information as the Department may reasonably

20 require.

21  Such transaction reporting return shall be filed not later

22 than 20 days after the date of delivery of the item that is

23 being sold, but may be filed by the retailer at any time sooner

24 than that if he chooses to do so. The transaction reporting

25 return and tax remittance or proof of exemption from the tax

26 that is imposed by this Act may be transmitted to the
    SB3019 Enrolled             - 1153 - LRB104 20255 HLH 33706 b

1 Department by way of the State agency with which, or State

2 officer with whom, the tangible personal property must be

3 titled or registered (if titling or registration is required)

4 if the Department and such agency or State officer determine

5 that this procedure will expedite the processing of

6 applications for title or registration.

7   With each such transaction reporting return, the retailer

8 shall remit the proper amount of tax due (or shall submit

9 satisfactory evidence that the sale is not taxable if that is

10 the case), to the Department or its agents, whereupon the

11 Department shall issue, in the purchaser's name, a tax receipt

12 (or a certificate of exemption if the Department is satisfied

13 that the particular sale is tax exempt) which such purchaser

14 may submit to the agency with which, or State officer with

15 whom, he must title or register the tangible personal property

16 that is involved (if titling or registration is required) in

17 support of such purchaser's application for an Illinois

18 certificate or other evidence of title or registration to such

19 tangible personal property.

20  No retailer's failure or refusal to remit tax under this

21 Act precludes a user, who has paid the proper tax to the

22 retailer, from obtaining his certificate of title or other

23 evidence of title or registration (if titling or registration

24 is required) upon satisfying the Department that such user has

25 paid the proper tax (if tax is due) to the retailer. The

26 Department shall adopt appropriate rules to carry out the
    SB3019 Enrolled           - 1154 - LRB104 20255 HLH 33706 b

1 mandate of this paragraph.

2   If the user who would otherwise pay tax to the retailer

3 wants the transaction reporting return filed and the payment

4 of tax or proof of exemption made to the Department before the

5 retailer is willing to take these actions and such user has not

6 paid the tax to the retailer, such user may certify to the fact

7 of such delay by the retailer, and may (upon the Department

8 being satisfied of the truth of such certification) transmit

9 the information required by the transaction reporting return

10 and the remittance for tax or proof of exemption directly to

11 the Department and obtain his tax receipt or exemption

12 determination, in which event the transaction reporting return

13 and tax remittance (if a tax payment was required) shall be

14 credited by the Department to the proper retailer's account

15 with the Department, but without the vendor's discount

16 provided for in this Section being allowed. When the user pays

17 the tax directly to the Department, he shall pay the tax in the

18 same amount and in the same form in which it would be remitted

19 if the tax had been remitted to the Department by the retailer.

20  On and after January 1, 2025, with respect to the lease of

21 trailers, other than semitrailers as defined in Section 1-187

22 of the Illinois Vehicle Code, that are required to be

23 registered with an agency of this State and that are subject to

24 the tax on lease receipts under this Act, notwithstanding any

25 other provision of this Act to the contrary, for the purpose of

26 reporting and paying tax under this Act on those lease
    SB3019 Enrolled  - 1155 - LRB104 20255 HLH 33706 b

1 receipts, lessors shall file returns in addition to and

2 separate from the transaction reporting return. Lessors shall

3 file those lease returns and make payment to the Department by

4 electronic means on or before the 20th day of each month

5 following the month, quarter, or year, as applicable, in which

6 lease receipts were received. All lease receipts received by

7 the lessor from the lease of those trailers during the same

8 reporting period shall be reported and tax shall be paid on a

9 single return form to be prescribed by the Department.

10  Where a retailer collects the tax with respect to the

11 selling price of tangible personal property which he sells and

12 the purchaser thereafter returns such tangible personal

13 property and the retailer refunds the selling price thereof to

14 the purchaser, such retailer shall also refund, to the

15 purchaser, the tax so collected from the purchaser. When

16 filing his return for the period in which he refunds such tax

17 to the purchaser, the retailer may deduct the amount of the tax

18 so refunded by him to the purchaser from any other use tax

19 which such retailer may be required to pay or remit to the

20 Department, as shown by such return, if the amount of the tax

21 to be deducted was previously remitted to the Department by

22 such retailer. If the retailer has not previously remitted the

23 amount of such tax to the Department, he is entitled to no

24 deduction under this Act upon refunding such tax to the

25 purchaser.

26  Any retailer filing a return under this Section shall also
    SB3019 Enrolled         - 1156 - LRB104 20255 HLH 33706 b

1 include (for the purpose of paying tax thereon) the total tax

2 covered by such return upon the selling price of tangible

3 personal property purchased by him at retail from a retailer,

4 but as to which the tax imposed by this Act was not collected

5 from the retailer filing such return, and such retailer shall

6 remit the amount of such tax to the Department when filing such

7 return.

8   If experience indicates such action to be practicable, the

9 Department may prescribe and furnish a combination or joint

10 return which will enable retailers, who are required to file

11 returns hereunder and also under the Retailers' Occupation Tax

12 Act, to furnish all the return information required by both

13 Acts on the one form.

14  Where the retailer has more than one business registered

15 with the Department under separate registration under this

16 Act, such retailer may not file each return that is due as a

17 single return covering all such registered businesses, but

18 shall file separate returns for each such registered business.

19  Beginning January 1, 1990, each month the Department shall

20 pay into the State and Local Sales Tax Reform Fund, a special

21 fund in the State treasury which is hereby created, the net

22 revenue realized for the preceding month from the 1% tax

23 imposed under this Act.

24  Beginning January 1, 1990, each month the Department shall

25 pay into the County and Mass Transit District Fund 4% of the

26 net revenue realized for the preceding month from the 6.25%
    SB3019 Enrolled    - 1157 - LRB104 20255 HLH 33706 b

1 general rate on the selling price of tangible personal

2 property which is purchased outside Illinois at retail from a

3 retailer and which is titled or registered by an agency of this

4 State's government.

5   Beginning January 1, 1990, each month the Department shall

6 pay into the State and Local Sales Tax Reform Fund, a special

7 fund in the State treasury, 20% of the net revenue realized for

8 the preceding month from the 6.25% general rate on the selling

9 price of tangible personal property, other than (i) tangible

10 personal property which is purchased outside Illinois at

11 retail from a retailer and which is titled or registered by an

12 agency of this State's government and (ii) aviation fuel sold

13 on or after December 1, 2019. This exception for aviation fuel

14 only applies for so long as the revenue use requirements of 49

15 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

16  For aviation fuel sold on or after December 1, 2019, each

17 month the Department shall pay into the State Aviation Program

18 Fund 20% of the net revenue realized for the preceding month

19 from the 6.25% general rate on the selling price of aviation

20 fuel, less an amount estimated by the Department to be

21 required for refunds of the 20% portion of the tax on aviation

22 fuel under this Act, which amount shall be deposited into the

23 Aviation Fuel Sales Tax Refund Fund. The Department shall only

24 pay moneys into the State Aviation Program Fund and the

25 Aviation Fuels Sales Tax Refund Fund under this Act for so long

26 as the revenue use requirements of 49 U.S.C. 47107(b) and 49
    SB3019 Enrolled         - 1158 - LRB104 20255 HLH 33706 b

1 U.S.C. 47133 are binding on the State.

2   Beginning August 1, 2000, each month the Department shall

3 pay into the State and Local Sales Tax Reform Fund 100% of the

4 net revenue realized for the preceding month from the 1.25%

5 rate on the selling price of motor fuel and gasohol. If, in any

6 month, the tax on sales tax holiday items, as defined in

7 Section 3-6, is imposed at the rate of 1.25%, then the

8 Department shall pay 100% of the net revenue realized for that

9 month from the 1.25% rate on the selling price of sales tax

10 holiday items into the State and Local Sales Tax Reform Fund.

11  Beginning January 1, 1990, each month the Department shall

12 pay into the Local Government Tax Fund 16% of the net revenue

13 realized for the preceding month from the 6.25% general rate

14 on the selling price of tangible personal property which is

15 purchased outside Illinois at retail from a retailer and which

16 is titled or registered by an agency of this State's

17 government.

18  Beginning October 1, 2009, each month the Department shall

19 pay into the Capital Projects Fund an amount that is equal to

20 an amount estimated by the Department to represent 80% of the

21 net revenue realized for the preceding month from the sale of

22 candy, grooming and hygiene products, and soft drinks that had

23 been taxed at a rate of 1% prior to September 1, 2009 but that

24 are now taxed at 6.25%.

25  Beginning July 1, 2011, each month the Department shall

26 pay into the Clean Air Act Permit Fund 80% of the net revenue
    SB3019 Enrolled  - 1159 - LRB104 20255 HLH 33706 b

1 realized for the preceding month from the 6.25% general rate

2 on the selling price of sorbents used in Illinois in the

3 process of sorbent injection as used to comply with the

4 Environmental Protection Act or the federal Clean Air Act, but

5 the total payment into the Clean Air Act Permit Fund under this

6 Act and the Retailers' Occupation Tax Act shall not exceed

7 $2,000,000 in any fiscal year.

8   Beginning July 1, 2013, each month the Department shall

9 pay into the Underground Storage Tank Fund from the proceeds

10 collected under this Act, the Service Use Tax Act, the Service

11 Occupation Tax Act, and the Retailers' Occupation Tax Act an

12 amount equal to the average monthly deficit in the Underground

13 Storage Tank Fund during the prior year, as certified annually

14 by the Illinois Environmental Protection Agency, but the total

15 payment into the Underground Storage Tank Fund under this Act,

16 the Service Use Tax Act, the Service Occupation Tax Act, and

17 the Retailers' Occupation Tax Act shall not exceed $18,000,000

18 in any State fiscal year. As used in this paragraph, the

19 "average monthly deficit" shall be equal to the difference

20 between the average monthly claims for payment by the fund and

21 the average monthly revenues deposited into the fund,

22 excluding payments made pursuant to this paragraph.

23  Beginning July 1, 2015, of the remainder of the moneys

24 received by the Department under this Act, the Service Use Tax

25 Act, the Service Occupation Tax Act, and the Retailers'

26 Occupation Tax Act, each month the Department shall deposit
   SB3019 Enrolled  - 1160 - LRB104 20255 HLH 33706 b

1 $500,000 into the State Crime Laboratory Fund.

2  Of the remainder of the moneys received by the Department

3 pursuant to this Act, (a) 1.75% thereof shall be paid into the

4 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

5 and after July 1, 1989, 3.8% thereof shall be paid into the

6 Build Illinois Fund; provided, however, that if in any fiscal

7 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

8 may be, of the moneys received by the Department and required

9 to be paid into the Build Illinois Fund pursuant to Section 3

10 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

11 Act, Section 9 of the Service Use Tax Act, and Section 9 of the

12 Service Occupation Tax Act, such Acts being hereinafter called

13 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

14 may be, of moneys being hereinafter called the "Tax Act

15 Amount", and (2) the amount transferred to the Build Illinois

16 Fund from the State and Local Sales Tax Reform Fund shall be

17 less than the Annual Specified Amount (as defined in Section 3

18 of the Retailers' Occupation Tax Act), an amount equal to the

19 difference shall be immediately paid into the Build Illinois

20 Fund from other moneys received by the Department pursuant to

21 the Tax Acts; and further provided, that if on the last

22 business day of any month the sum of (1) the Tax Act Amount

23 required to be deposited into the Build Illinois Bond Account

24 in the Build Illinois Fund during such month and (2) the amount

25 transferred during such month to the Build Illinois Fund from

26 the State and Local Sales Tax Reform Fund shall have been less
SB3019 Enrolled  - 1161 - LRB104 20255 HLH 33706 b

 1 than 1/12 of the Annual Specified Amount, an amount equal to
 2 the difference shall be immediately paid into the Build
 3 Illinois Fund from other moneys received by the Department
 4 pursuant to the Tax Acts; and, further provided, that in no
 5 event shall the payments required under the preceding proviso
 6 result in aggregate payments into the Build Illinois Fund
 7 pursuant to this clause (b) for any fiscal year in excess of
 8 the greater of (i) the Tax Act Amount or (ii) the Annual
 9 Specified Amount for such fiscal year; and, further provided,
10 that the amounts payable into the Build Illinois Fund under
11 this clause (b) shall be payable only until such time as the
12 aggregate amount on deposit under each trust indenture
13 securing Bonds issued and outstanding pursuant to the Build
14 Illinois Bond Act is sufficient, taking into account any
15 future investment income, to fully provide, in accordance with
16 such indenture, for the defeasance of or the payment of the
17 principal of, premium, if any, and interest on the Bonds
18 secured by such indenture and on any Bonds expected to be
19 issued thereafter and all fees and costs payable with respect
20 thereto, all as certified by the Director of the Bureau of the
21 Budget (now Governor's Office of Management and Budget). If on
22 the last business day of any month in which Bonds are
23 outstanding pursuant to the Build Illinois Bond Act, the
24 aggregate of the moneys deposited into the Build Illinois Bond
25 Account in the Build Illinois Fund in such month shall be less
26 than the amount required to be transferred in such month from
    SB3019 Enrolled  - 1162 - LRB104 20255 HLH 33706 b

1 the Build Illinois Bond Account to the Build Illinois Bond

2 Retirement and Interest Fund pursuant to Section 13 of the

3 Build Illinois Bond Act, an amount equal to such deficiency

4 shall be immediately paid from other moneys received by the

5 Department pursuant to the Tax Acts to the Build Illinois

6 Fund; provided, however, that any amounts paid to the Build

7 Illinois Fund in any fiscal year pursuant to this sentence

8 shall be deemed to constitute payments pursuant to clause (b)

9 of the preceding sentence and shall reduce the amount

10 otherwise payable for such fiscal year pursuant to clause (b)

11 of the preceding sentence. The moneys received by the

12 Department pursuant to this Act and required to be deposited

13 into the Build Illinois Fund are subject to the pledge, claim

14 and charge set forth in Section 12 of the Build Illinois Bond

15 Act.

16  Subject to payment of amounts into the Build Illinois Fund

17 as provided in the preceding paragraph or in any amendment

18 thereto hereafter enacted, the following specified monthly

19 installment of the amount requested in the certificate of the

20 Chairman of the Metropolitan Pier and Exposition Authority

21 provided under Section 8.25f of the State Finance Act, but not

22 in excess of the sums designated as "Total Deposit", shall be

23 deposited in the aggregate from collections under Section 9 of

24 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

25 9 of the Service Occupation Tax Act, and Section 3 of the

26 Retailers' Occupation Tax Act into the McCormick Place
    SB3019 Enrolled        - 1163 - LRB104 20255 HLH 33706 b

1 Expansion Project Fund in the specified fiscal years.

2   Fiscal Year            Total Deposit

3                    1993                                $0

4                    1994  53,000,000

5                    1995  58,000,000

6                    1996  61,000,000

7                    1997  64,000,000

8                    1998  68,000,000

9                    1999  71,000,000

10                   2000  75,000,000

11                   2001  80,000,000

12                   2002  93,000,000

13                   2003  99,000,000

14                   2004  103,000,000

15                   2005  108,000,000

16                   2006  113,000,000

17                   2007  119,000,000

18                   2008  126,000,000

19                   2009  132,000,000

20                   2010  139,000,000

21                   2011  146,000,000

22                   2012  153,000,000

23                   2013  161,000,000

24                   2014  170,000,000

25                   2015  179,000,000

26                   2016  189,000,000
    SB3019 Enrolled        - 1164 - LRB104 20255 HLH 33706 b

1                    2017  199,000,000
                           210,000,000
2                    2018  221,000,000
                           233,000,000
3                    2019  300,000,000
                           300,000,000
4                    2020  300,000,000
                           300,000,000
5                    2021  300,000,000
                           300,000,000
6                    2022  375,000,000
                           375,000,000
7                    2023  375,000,000
                           375,000,000
8                    2024  375,000,000
                           375,000,000
9                    2025  375,000,000
                           375,000,000
10                   2026  375,000,000
                           450,000,000
11                   2027

12                   2028

13                   2029

14                   2030

15                   2031

16                   2032

17                   2033

18                   2034

19                   2035

20                   2036

21                   and

22  each fiscal year

23  thereafter that bonds

24  are outstanding under

25  Section 13.2 of the

26  Metropolitan Pier and
    SB3019 Enrolled  - 1165 - LRB104 20255 HLH 33706 b

1   Exposition Authority Act,

2   but not after fiscal year 2060.

3   Beginning July 20, 1993 and in each month of each fiscal

4 year thereafter, one-eighth of the amount requested in the

5 certificate of the Chairman of the Metropolitan Pier and

6 Exposition Authority for that fiscal year, less the amount

7 deposited into the McCormick Place Expansion Project Fund by

8 the State Treasurer in the respective month under subsection

9 (g) of Section 13 of the Metropolitan Pier and Exposition

10 Authority Act, plus cumulative deficiencies in the deposits

11 required under this Section for previous months and years,

12 shall be deposited into the McCormick Place Expansion Project

13 Fund, until the full amount requested for the fiscal year, but

14 not in excess of the amount specified above as "Total

15 Deposit", has been deposited.

16  Subject to payment of amounts into the Capital Projects

17 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

18 and the McCormick Place Expansion Project Fund pursuant to the

19 preceding paragraphs or in any amendments thereto hereafter

20 enacted, for aviation fuel sold on or after December 1, 2019,

21 the Department shall each month deposit into the Aviation Fuel

22 Sales Tax Refund Fund an amount estimated by the Department to

23 be required for refunds of the 80% portion of the tax on

24 aviation fuel under this Act. The Department shall only

25 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

26 under this paragraph for so long as the revenue use
    SB3019 Enrolled      - 1166 - LRB104 20255 HLH 33706 b

1 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

2 binding on the State.

3   Subject to payment of amounts into the Build Illinois Fund

4 and the McCormick Place Expansion Project Fund pursuant to the

5 preceding paragraphs or in any amendments thereto hereafter

6 enacted, beginning July 1, 1993 and ending on September 30,

7 2013, the Department shall each month pay into the Illinois

8 Tax Increment Fund 0.27% of 80% of the net revenue realized for

9 the preceding month from the 6.25% general rate on the selling

10 price of tangible personal property.

11  Subject to payment of amounts into the Build Illinois

12 Fund, the McCormick Place Expansion Project Fund, the Illinois

13 Tax Increment Fund, and the Energy Infrastructure Fund

14 pursuant to the preceding paragraphs or in any amendments to

15 this Section hereafter enacted, beginning on the first day of

16 the first calendar month to occur on or after August 26, 2014

17 (the effective date of Public Act 98-1098), each month, from

18 the collections made under Section 9 of the Use Tax Act,

19 Section 9 of the Service Use Tax Act, Section 9 of the Service

20 Occupation Tax Act, and Section 3 of the Retailers' Occupation

21 Tax Act, the Department shall pay into the Tax Compliance and

22 Administration Fund, to be used, subject to appropriation, to

23 fund additional auditors and compliance personnel at the

24 Department of Revenue, an amount equal to 1/12 of 5% of 80% of

25 the cash receipts collected during the preceding fiscal year

26 by the Audit Bureau of the Department under the Use Tax Act,
    SB3019 Enrolled  - 1167 - LRB104 20255 HLH 33706 b

1 the Service Use Tax Act, the Service Occupation Tax Act, the

2 Retailers' Occupation Tax Act, and associated local occupation

3 and use taxes administered by the Department.

4   Subject to payments of amounts into the Build Illinois

5 Fund, the McCormick Place Expansion Project Fund, the Illinois

6 Tax Increment Fund, and the Tax Compliance and Administration

7 Fund as provided in this Section, beginning on July 1, 2018 the

8 Department shall pay each month into the Downstate Public

9 Transportation Fund the moneys required to be so paid under

10 Section 2-3 of the Downstate Public Transportation Act.

11  Subject to successful execution and delivery of a

12 public-private agreement between the public agency and private

13 entity and completion of the civic build, beginning on July 1,

14 2023, of the remainder of the moneys received by the

15 Department under the Use Tax Act, the Service Use Tax Act, the

16 Service Occupation Tax Act, and this Act, the Department shall

17 deposit the following specified deposits in the aggregate from

18 collections under the Use Tax Act, the Service Use Tax Act, the

19 Service Occupation Tax Act, and the Retailers' Occupation Tax

20 Act, as required under Section 8.25g of the State Finance Act

21 for distribution consistent with the Public-Private

22 Partnership for Civic and Transit Infrastructure Project Act.

23 The moneys received by the Department pursuant to this Act and

24 required to be deposited into the Civic and Transit

25 Infrastructure Fund are subject to the pledge, claim, and

26 charge set forth in Section 25-55 of the Public-Private
    SB3019 Enrolled  - 1168 - LRB104 20255 HLH 33706 b

1 Partnership for Civic and Transit Infrastructure Project Act.

2 As used in this paragraph, "civic build", "private entity",

3 "public-private agreement", and "public agency" have the

4 meanings provided in Section 25-10 of the Public-Private

5 Partnership for Civic and Transit Infrastructure Project Act.

6   Fiscal Year ............................ Total Deposit

7   2024 .................................... $200,000,000

8   2025 .................................... $206,000,000

9   2026 .................................... $212,200,000

10  2027 .................................... $218,500,000

11  2028 .................................... $225,100,000

12  2029 .................................... $288,700,000

13  2030 .................................... $298,900,000

14  2031 .................................... $309,300,000

15  2032 .................................... $320,100,000

16  2033 .................................... $331,200,000

17  2034 .................................... $341,200,000

18  2035 .................................... $351,400,000

19  2036 .................................... $361,900,000

20  2037 .................................... $372,800,000

21  2038 .................................... $384,000,000

22  2039 .................................... $395,500,000

23  2040 .................................... $407,400,000

24  2041 .................................... $419,600,000

25  2042 .................................... $432,200,000

26  2043 .................................... $445,100,000
   SB3019 Enrolled  - 1169 - LRB104 20255 HLH 33706 b

1  Beginning July 1, 2021 and until July 1, 2022, subject to

2 the payment of amounts into the State and Local Sales Tax

3 Reform Fund, the Build Illinois Fund, the McCormick Place

4 Expansion Project Fund, the Illinois Tax Increment Fund, and

5 the Tax Compliance and Administration Fund as provided in this

6 Section, the Department shall pay each month into the Road

7 Fund the amount estimated to represent 16% of the net revenue

8 realized from the taxes imposed on motor fuel and gasohol.

9 Beginning July 1, 2022 and until July 1, 2023, subject to the

10 payment of amounts into the State and Local Sales Tax Reform

11 Fund, the Build Illinois Fund, the McCormick Place Expansion

12 Project Fund, the Illinois Tax Increment Fund, and the Tax

13 Compliance and Administration Fund as provided in this

14 Section, the Department shall pay each month into the Road

15 Fund the amount estimated to represent 32% of the net revenue

16 realized from the taxes imposed on motor fuel and gasohol.

17 Beginning July 1, 2023 and until July 1, 2024, subject to the

18 payment of amounts into the State and Local Sales Tax Reform

19 Fund, the Build Illinois Fund, the McCormick Place Expansion

20 Project Fund, the Illinois Tax Increment Fund, and the Tax

21 Compliance and Administration Fund as provided in this

22 Section, the Department shall pay each month into the Road

23 Fund the amount estimated to represent 48% of the net revenue

24 realized from the taxes imposed on motor fuel and gasohol.

25 Beginning July 1, 2024 and until July 1, 2026, subject to the

26 payment of amounts into the State and Local Sales Tax Reform
    SB3019 Enrolled  - 1170 - LRB104 20255 HLH 33706 b

1 Fund, the Build Illinois Fund, the McCormick Place Expansion

2 Project Fund, the Illinois Tax Increment Fund, and the Tax

3 Compliance and Administration Fund as provided in this

4 Section, the Department shall pay each month into the Road

5 Fund the amount estimated to represent 64% of the net revenue

6 realized from the taxes imposed on motor fuel and gasohol.

7 Beginning on July 1, 2026, subject to the payment of amounts

8 into the State and Local Sales Tax Reform Fund, the Build

9 Illinois Fund, the McCormick Place Expansion Project Fund, the

10 Illinois Tax Increment Fund, and the Tax Compliance and

11 Administration Fund as provided in this Section, the

12 Department shall pay each month into the Public Transportation

13 Fund and the Downstate Public Transportation Fund the amount

14 estimated to represent 80% of the net revenue realized from

15 the taxes imposed on motor fuel and gasohol. Moneys shall be

16 apportioned as follows: 85% into the Public Transportation

17 Fund and 15% into the Downstate Public Transportation Fund. As

18 used in this paragraph, "motor fuel" has the meaning given to

19 that term in Section 1.1 of the Motor Fuel Tax Law, and

20 "gasohol" has the meaning given to that term in Section 3-40 of

21 this Act.

22  Until July 1, 2025, of the remainder of the moneys

23 received by the Department pursuant to this Act, 75% thereof

24 shall be paid into the State treasury and 25% shall be reserved

25 in a special account and used only for the transfer to the

26 Common School Fund as part of the monthly transfer from the
    SB3019 Enrolled           - 1171 - LRB104 20255 HLH 33706 b

1 General Revenue Fund in accordance with Section 8a of the

2 State Finance Act. Beginning July 1, 2025, of the remainder of

3 the moneys received by the Department pursuant to this Act,

4 75% shall be deposited into the General Revenue Fund and 25%

5 shall be deposited into the Common School Fund.

6   As soon as possible after the first day of each month, upon

7 certification of the Department of Revenue, the Comptroller

8 shall order transferred and the Treasurer shall transfer from

9 the General Revenue Fund to the Motor Fuel Tax Fund an amount

10 equal to 1.7% of 80% of the net revenue realized under this Act

11 for the second preceding month. Beginning April 1, 2000, this

12 transfer is no longer required and shall not be made.

13  Net revenue realized for a month shall be the revenue

14 collected by the State pursuant to this Act, less the amount

15 paid out during that month as refunds to taxpayers for

16 overpayment of liability.

17  For greater simplicity of administration, manufacturers,

18 importers and wholesalers whose products are sold at retail in

19 Illinois by numerous retailers, and who wish to do so, may

20 assume the responsibility for accounting and paying to the

21 Department all tax accruing under this Act with respect to

22 such sales, if the retailers who are affected do not make

23 written objection to the Department to this arrangement.

24 (Source: P.A. 103-154, eff. 6-30-23; 103-363, eff. 7-28-23;

25 103-592, Article 75, Section 75-5, eff. 1-1-25; 103-592,

26 Article 110, Section 110-5, eff. 6-7-24; 103-1055, eff.
    SB3019 Enrolled    - 1172 - LRB104 20255 HLH 33706 b

1 12-20-24; 104-6, Article 5, Section 5-10, eff. 6-16-25; 104-6,
2 Article 35, Section 35-20, eff. 6-16-25; 104-457, eff.
3 6-1-26.)

4   Section 125-10. The Retailers' Occupation Tax Act is

5 amended by changing Sections 2-8, 2-10, and 3 as follows:

6   (35 ILCS 120/2-8)

7   Sec. 2-8. Sales tax holiday items.

8   (a) Any tangible personal property described in this

9 subsection is a sales tax holiday item and qualifies for the

10 1.25% reduced rate of tax for the period set forth in Section

11 2-10 of this Act (hereinafter referred to as the Sales Tax

12 Holiday Period). The reduced rate on these items shall be

13 administered under the provisions of subsection (b) of this

14 Section. The following items are subject to the reduced rate:

15  (1) Clothing items that each have a retail selling

16  price of less than $125.

17  "Clothing" means, unless otherwise specified in this

18  Section, all human wearing apparel suitable for general

19  use. "Clothing" does not include clothing accessories,

20  protective equipment, or sport or recreational equipment.

21  "Clothing" includes, but is not limited to: household and

22  shop aprons; athletic supporters; bathing suits and caps;

23  belts and suspenders; boots; coats and jackets; ear muffs;

24  footlets; gloves and mittens for general use; hats and
    SB3019 Enrolled  - 1173 - LRB104 20255 HLH 33706 b

1   caps; hosiery; insoles for shoes; lab coats; neckties;

2   overshoes; pantyhose; rainwear; rubber pants; sandals;

3   scarves; shoes and shoelaces; slippers; sneakers; socks

4   and stockings; steel-toed shoes; underwear; and school

5   uniforms.

6   "Clothing accessories" means, but is not limited to:

7   briefcases; cosmetics; hair notions, including, but not

8   limited to barrettes, hair bows, and hair nets; handbags;

9   handkerchiefs; jewelry; non-prescription sunglasses;

10  umbrellas; wallets; watches; and wigs and hair pieces.

11  "Protective equipment" means, but is not limited to:

12  breathing masks; clean room apparel and equipment; ear and

13  hearing protectors; face shields; hard hats; helmets;

14  paint or dust respirators; protective gloves; safety

15  glasses and goggles; safety belts; tool belts; and

16  welder's gloves and masks.

17  "Sport or recreational equipment" means, but is not

18  limited to: ballet and tap shoes; cleated or spiked

19  athletic shoes; gloves, including, but not limited to,

20  baseball, bowling, boxing, hockey, and golf gloves;

21  goggles; hand and elbow guards; life preservers and vests;

22  mouth guards; roller and ice skates; shin guards; shoulder

23  pads; ski boots; waders; and wetsuits and fins.

24  (2) School supplies. "School supplies" means, unless

25  otherwise specified in this Section, items used by a

26  student in a course of study. The purchase of school
    SB3019 Enrolled   - 1174 - LRB104 20255 HLH 33706 b

1   supplies for use by persons other than students for use in

2   a course of study are not eligible for the reduced rate of

3   tax. "School supplies" do not include school art supplies;

4   school instructional materials; cameras; film and memory

5   cards; videocameras, tapes, and videotapes; computers;

6   cell phones; Personal Digital Assistants (PDAs); handheld

7   electronic schedulers; and school computer supplies.

8   "School supplies" includes, but is not limited to:

9   binders; book bags; calculators; cellophane tape;

10  blackboard chalk; compasses; composition books; crayons;

11  erasers; expandable, pocket, plastic, and manila folders;

12  glue, paste, and paste sticks; highlighters; index cards;

13  index card boxes; legal pads; lunch boxes; markers;

14  notebooks; paper, including loose leaf ruled notebook

15  paper, copy paper, graph paper, tracing paper, manila

16  paper, colored paper, poster board, and construction

17  paper; pencils; pencil leads; pens; ink and ink refills

18  for pens; pencil boxes and other school supply boxes;

19  pencil sharpeners; protractors; rulers; scissors; and

20  writing tablets.

21  "School art supply" means an item commonly used by a

22  student in a course of study for artwork and includes only

23  the following items: clay and glazes; acrylic, tempera,

24  and oil paint; paintbrushes for artwork; sketch and

25  drawing pads; and watercolors.

26  "School instructional material" means written material
    SB3019 Enrolled  - 1175 - LRB104 20255 HLH 33706 b

1   commonly used by a student in a course of study as a

2   reference and to learn the subject being taught and

3   includes only the following items: reference books;

4   reference maps and globes; textbooks; and workbooks.

5   "School computer supply" means an item commonly used

6   by a student in a course of study in which a computer is

7   used and applies only to the following items: flashdrives

8   and other computer data storage devices; data storage

9   media, such as diskettes and compact disks; boxes and

10  cases for disk storage; external ports or drives; computer

11  cases; computer cables; computer printers; and printer

12  cartridges, toner, and ink.

13  (b) Administration. Notwithstanding any other provision of

14 this Act, the reduced rate of tax under Section 2-10 3-10 of

15 this Act for clothing and school supplies shall be

16 administered by the Department under the provisions of this

17 subsection (b).

18  (1) Bundled sales. Items that qualify for the reduced

19  rate of tax that are bundled together with items that do

20  not qualify for the reduced rate of tax and that are sold

21  for one itemized price will be subject to the reduced rate

22  of tax only if the value of the items that qualify for the

23  reduced rate of tax exceeds the value of the items that do

24  not qualify for the reduced rate of tax.

25  (2) Coupons and discounts. An unreimbursed discount by

26  the seller reduces the sales price of the property so that
    SB3019 Enrolled   - 1176 - LRB104 20255 HLH 33706 b

1   the discounted sales price determines whether the sales

2   price is within a sales tax holiday price threshold. A

3   coupon or other reduction in the sales price is treated as

4   a discount if the seller is not reimbursed for the coupon

5   or reduction amount by a third party.

6   (3) Splitting of items normally sold together.

7   Articles that are normally sold as a single unit must

8   continue to be sold in that manner. Such articles cannot

9   be priced separately and sold as individual items in order

10  to obtain the reduced rate of tax. For example, a pair of

11  shoes cannot have each shoe sold separately so that the

12  sales price of each shoe is within a sales tax holiday

13  price threshold.

14  (4) Rain checks. A rain check is a procedure that

15  allows a customer to purchase an item at a certain price at

16  a later time because the particular item was out of stock.

17  Eligible property that customers purchase during the Sales

18  Tax Holiday Period with the use of a rain check will

19  qualify for the reduced rate of tax regardless of when the

20  rain check was issued. Issuance of a rain check during the

21  Sales Tax Holiday Period will not qualify eligible

22  property for the reduced rate of tax if the property is

23  actually purchased after the Sales Tax Holiday Period.

24  (5) Exchanges. The procedure for an exchange in

25  regards to a sales tax holiday is as follows:

26  (A) If a customer purchases an item of eligible
    SB3019 Enrolled  - 1177 - LRB104 20255 HLH 33706 b

1   property during the Sales Tax Holiday Period, but

2   later exchanges the item for a similar eligible item,

3   even if a different size, different color, or other

4   feature, no additional tax is due even if the exchange

5   is made after the Sales Tax Holiday Period.

6   (B) If a customer purchases an item of eligible

7   property during the Sales Tax Holiday Period, but

8   after the Sales Tax Holiday Period has ended, the

9   customer returns the item and receives credit on the

10  purchase of a different item, the 6.25% general

11  merchandise sales tax rate is due on the sale of the

12  newly purchased item.

13  (C) If a customer purchases an item of eligible

14  property before the Sales Tax Holiday Period, but

15  during the Sales Tax Holiday Period the customer

16  returns the item and receives credit on the purchase

17  of a different item of eligible property, the reduced

18  rate of tax is due on the sale of the new item if the

19  new item is purchased during the Sales Tax Holiday

20  Period.

21  (6) (Blank).

22  (7) Order date and back orders. For the purpose of a

23  sales tax holiday, eligible property qualifies for the

24  reduced rate of tax if: (i) the item is both delivered to

25  and paid for by the customer during the Sales Tax Holiday

26  Period or (ii) the customer orders and pays for the item
    SB3019 Enrolled  - 1178 - LRB104 20255 HLH 33706 b

1   and the seller accepts the order during the Sales Tax

2   Holiday Period for immediate shipment, even if delivery is

3   made after the Sales Tax Holiday Period. The seller

4   accepts an order when the seller has taken action to fill

5   the order for immediate shipment. Actions to fill an order

6   include placement of an "in date" stamp on an order or

7   assignment of an "order number" to an order within the

8   Sales Tax Holiday Period. An order is for immediate

9   shipment when the customer does not request delayed

10  shipment. An order is for immediate shipment

11  notwithstanding that the shipment may be delayed because

12  of a backlog of orders or because stock is currently

13  unavailable to, or on back order by, the seller.

14  (8) Returns. For a 60-day period immediately after the

15  Sales Tax Holiday Period, if a customer returns an item

16  that would qualify for the reduced rate of tax, credit for

17  or refund of sales tax shall be given only at the reduced

18  rate unless the customer provides a receipt or invoice

19  that shows tax was paid at the 6.25% general merchandise

20  rate, or the seller has sufficient documentation to show

21  that tax was paid at the 6.25% general merchandise rate on

22  the specific item. This 60-day period is set solely for

23  the purpose of designating a time period during which the

24  customer must provide documentation that shows that the

25  appropriate sales tax rate was paid on returned

26  merchandise. The 60-day period is not intended to change a
    SB3019 Enrolled         - 1179 - LRB104 20255 HLH 33706 b

1   seller's policy on the time period during which the seller

2   will accept returns.

3   (c) The Department may implement the provisions of this

4 Section through the use of emergency rules, along with

5 permanent rules filed concurrently with such emergency rules,

6 in accordance with the provisions of Section 5-45 of the

7 Illinois Administrative Procedure Act. For purposes of the

8 Illinois Administrative Procedure Act, the adoption of rules

9 to implement the provisions of this Section shall be deemed an

10 emergency and necessary for the public interest, safety, and

11 welfare.

12 (Source: P.A. 102-700, eff. 4-19-22.)

13  (35 ILCS 120/2-10) from Ch. 120, par. 441-10

14  Sec. 2-10. Rate of tax. Unless otherwise provided in this

15 Section, the tax imposed by this Act is at the rate of 6.25% of

16 gross receipts from sales, which, on and after January 1,

17 2025, includes leases, of tangible personal property made in

18 the course of business.

19  Beginning on July 1, 2000 and through December 31, 2000,

20 with respect to motor fuel, as defined in Section 1.1 of the

21 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

22 the Use Tax Act, the tax is imposed at the rate of 1.25%.

23  Beginning on August 6, 2010 through August 15, 2010, and

24 beginning again on August 5, 2022 through August 14, 2022, and

25 beginning again on August 7, 2026 through August 16, 2026,
    SB3019 Enrolled  - 1180 - LRB104 20255 HLH 33706 b

1 with respect to sales tax holiday items as defined in Section

2 2-8 of this Act, the tax is imposed at the rate of 1.25%.

3   Within 14 days after July 1, 2000 (the effective date of

4 Public Act 91-872), each retailer of motor fuel and gasohol

5 shall cause the following notice to be posted in a prominently

6 visible place on each retail dispensing device that is used to

7 dispense motor fuel or gasohol in the State of Illinois: "As of

8 July 1, 2000, the State of Illinois has eliminated the State's

9 share of sales tax on motor fuel and gasohol through December

10 31, 2000. The price on this pump should reflect the

11 elimination of the tax." The notice shall be printed in bold

12 print on a sign that is no smaller than 4 inches by 8 inches.

13 The sign shall be clearly visible to customers. Any retailer

14 who fails to post or maintain a required sign through December

15 31, 2000 is guilty of a petty offense for which the fine shall

16 be $500 per day per each retail premises where a violation

17 occurs.

18  With respect to gasohol, as defined in the Use Tax Act, the

19 tax imposed by this Act applies to (i) 70% of the proceeds of

20 sales made on or after January 1, 1990, and before July 1,

21 2003, (ii) 80% of the proceeds of sales made on or after July

22 1, 2003 and on or before July 1, 2017, (iii) 100% of the

23 proceeds of sales made after July 1, 2017 and prior to January

24 1, 2024, (iv) 90% of the proceeds of sales made on or after

25 January 1, 2024 and on or before December 31, 2028, and (v)

26 100% of the proceeds of sales made after December 31, 2028. If,
    SB3019 Enrolled           - 1181 - LRB104 20255 HLH 33706 b

1 at any time, however, the tax under this Act on sales of

2 gasohol, as defined in the Use Tax Act, is imposed at the rate

3 of 1.25%, then the tax imposed by this Act applies to 100% of

4 the proceeds of sales of gasohol made during that time.

5   With respect to mid-range ethanol blends, as defined in

6 Section 3-44.3 of the Use Tax Act, the tax imposed by this Act

7 applies to (i) 80% of the proceeds of sales made on or after

8 January 1, 2024 and on or before December 31, 2028 and (ii)

9 100% of the proceeds of sales made after December 31, 2028. If,

10 at any time, however, the tax under this Act on sales of

11 mid-range ethanol blends is imposed at the rate of 1.25%, then

12 the tax imposed by this Act applies to 100% of the proceeds of

13 sales of mid-range ethanol blends made during that time.

14  With respect to majority blended ethanol fuel, as defined

15 in the Use Tax Act, the tax imposed by this Act does not apply

16 to the proceeds of sales made on or after July 1, 2003 and on

17 or before December 31, 2028 but applies to 100% of the proceeds

18 of sales made thereafter.

19  With respect to biodiesel blends, as defined in the Use

20 Tax Act, with no less than 1% and no more than 10% biodiesel,

21 the tax imposed by this Act applies to (i) 80% of the proceeds

22 of sales made on or after July 1, 2003 and on or before

23 December 31, 2018 and (ii) 100% of the proceeds of sales made

24 after December 31, 2018 and before January 1, 2024. On and

25 after January 1, 2024 and on or before December 31, 2030, the

26 taxation of biodiesel, renewable diesel, and biodiesel blends
    SB3019 Enrolled  - 1182 - LRB104 20255 HLH 33706 b

1 shall be as provided in Section 3-5.1 of the Use Tax Act. If,

2 at any time, however, the tax under this Act on sales of

3 biodiesel blends, as defined in the Use Tax Act, with no less

4 than 1% and no more than 10% biodiesel is imposed at the rate

5 of 1.25%, then the tax imposed by this Act applies to 100% of

6 the proceeds of sales of biodiesel blends with no less than 1%

7 and no more than 10% biodiesel made during that time.

8   With respect to biodiesel, as defined in the Use Tax Act,

9 and biodiesel blends, as defined in the Use Tax Act, with more

10 than 10% but no more than 99% biodiesel, the tax imposed by

11 this Act does not apply to the proceeds of sales made on or

12 after July 1, 2003 and on or before December 31, 2023. On and

13 after January 1, 2024 and on or before December 31, 2030, the

14 taxation of biodiesel, renewable diesel, and biodiesel blends

15 shall be as provided in Section 3-5.1 of the Use Tax Act.

16  Until July 1, 2022 and from July 1, 2023 through December

17 31, 2025, with respect to food for human consumption that is to

18 be consumed off the premises where it is sold (other than

19 alcoholic beverages, food consisting of or infused with adult

20 use cannabis, soft drinks, and food that has been prepared for

21 immediate consumption), the tax is imposed at the rate of 1%.

22 Beginning July 1, 2022 and until July 1, 2023, with respect to

23 food for human consumption that is to be consumed off the

24 premises where it is sold (other than alcoholic beverages,

25 food consisting of or infused with adult use cannabis, soft

26 drinks, and food that has been prepared for immediate
   SB3019 Enrolled      - 1183 - LRB104 20255 HLH 33706 b

1 consumption), the tax is imposed at the rate of 0%. On and

2 after January 1, 2026, food for human consumption that is to be

3 consumed off the premises where it is sold (other than

4 alcoholic beverages, food consisting of or infused with adult

5 use cannabis, soft drinks, candy, and food that has been

6 prepared for immediate consumption) is exempt from the tax

7 imposed by this Act.

8  With respect to prescription and nonprescription

9 medicines, drugs, medical appliances, products classified as

10 Class III medical devices by the United States Food and Drug

11 Administration that are used for cancer treatment pursuant to

12 a prescription, as well as any accessories and components

13 related to those devices, modifications to a motor vehicle for

14 the purpose of rendering it usable by a person with a

15 disability, and insulin, blood sugar testing materials,

16 syringes, and needles used by human diabetics, the tax is

17 imposed at the rate of 1%. For the purposes of this Section,

18 until September 1, 2009: the term "soft drinks" means any

19 complete, finished, ready-to-use, non-alcoholic drink, whether

20 carbonated or not, including, but not limited to, soda water,

21 cola, fruit juice, vegetable juice, carbonated water, and all

22 other preparations commonly known as soft drinks of whatever

23 kind or description that are contained in any closed or sealed

24 bottle, can, carton, or container, regardless of size; but

25 "soft drinks" does not include coffee, tea, non-carbonated

26 water, infant formula, milk or milk products as defined in the
    SB3019 Enrolled  - 1184 - LRB104 20255 HLH 33706 b

1 Grade A Pasteurized Milk and Milk Products Act, or drinks

2 containing 50% or more natural fruit or vegetable juice.

3   Notwithstanding any other provisions of this Act,

4 beginning September 1, 2009, "soft drinks" means non-alcoholic

5 beverages that contain natural or artificial sweeteners. "Soft

6 drinks" does not include beverages that contain milk or milk

7 products, soy, rice or similar milk substitutes, or greater

8 than 50% of vegetable or fruit juice by volume.

9   Until August 1, 2009, and notwithstanding any other

10 provisions of this Act, "food for human consumption that is to

11 be consumed off the premises where it is sold" includes all

12 food sold through a vending machine, except soft drinks and

13 food products that are dispensed hot from a vending machine,

14 regardless of the location of the vending machine. Beginning

15 August 1, 2009, and notwithstanding any other provisions of

16 this Act, "food for human consumption that is to be consumed

17 off the premises where it is sold" includes all food sold

18 through a vending machine, except soft drinks, candy, and food

19 products that are dispensed hot from a vending machine,

20 regardless of the location of the vending machine.

21  Notwithstanding any other provisions of this Act,

22 beginning September 1, 2009, "food for human consumption that

23 is to be consumed off the premises where it is sold" does not

24 include candy. For purposes of this Section, "candy" means a

25 preparation of sugar, honey, or other natural or artificial

26 sweeteners in combination with chocolate, fruits, nuts or
    SB3019 Enrolled       - 1185 - LRB104 20255 HLH 33706 b

1 other ingredients or flavorings in the form of bars, drops, or

2 pieces. "Candy" does not include any preparation that contains

3 flour or requires refrigeration.

4   Notwithstanding any other provisions of this Act,

5 beginning September 1, 2009, "nonprescription medicines and

6 drugs" does not include grooming and hygiene products. For

7 purposes of this Section, "grooming and hygiene products"

8 includes, but is not limited to, soaps and cleaning solutions,

9 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

10 lotions and screens, unless those products are available by

11 prescription only, regardless of whether the products meet the

12 definition of "over-the-counter-drugs". For the purposes of

13 this paragraph, "over-the-counter-drug" means a drug for human

14 use that contains a label that identifies the product as a drug

15 as required by 21 CFR 201.66. The "over-the-counter-drug"

16 label includes:

17  (A) a "Drug Facts" panel; or

18  (B) a statement of the "active ingredient(s)" with a

19  list of those ingredients contained in the compound,

20  substance or preparation.

21  Beginning on January 1, 2014 (the effective date of Public

22 Act 98-122), "prescription and nonprescription medicines and

23 drugs" includes medical cannabis purchased from a registered

24 dispensing organization under the Compassionate Use of Medical

25 Cannabis Program Act.

26  As used in this Section, "adult use cannabis" means
    SB3019 Enrolled  - 1186 - LRB104 20255 HLH 33706 b

1 cannabis subject to tax under the Cannabis Cultivation
2 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
3 and does not include cannabis subject to tax under the
4 Compassionate Use of Medical Cannabis Program Act.
5 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
6 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.
7 8-15-25.)

8   (35 ILCS 120/3)

9   (Text of Section before amendment by P.A. 104-457)

10  Sec. 3. Except as provided in this Section, on or before

11 the twentieth day of each calendar month, every person engaged

12 in the business of selling, which, on and after January 1,

13 2025, includes leasing, tangible personal property at retail

14 in this State during the preceding calendar month shall file a

15 return with the Department, stating:

16  1. The name of the seller;

17  2. His residence address and the address of his

18  principal place of business and the address of the

19  principal place of business (if that is a different

20  address) from which he engages in the business of selling

21  tangible personal property at retail in this State;

22  3. Total amount of receipts received by him during the

23  preceding calendar month or quarter, as the case may be,

24  from sales of tangible personal property, and from

25  services furnished, by him during such preceding calendar
    SB3019 Enrolled    - 1187 - LRB104 20255 HLH 33706 b

1   month or quarter;

2   4. Total amount received by him during the preceding

3   calendar month or quarter on charge and time sales of

4   tangible personal property, and from services furnished,

5   by him prior to the month or quarter for which the return

6   is filed;

7   5. Deductions allowed by law;

8   6. Gross receipts which were received by him during

9   the preceding calendar month or quarter and upon the basis

10  of which the tax is imposed, including gross receipts on

11  food for human consumption that is to be consumed off the

12  premises where it is sold (other than alcoholic beverages,

13  food consisting of or infused with adult use cannabis,

14  soft drinks, and food that has been prepared for immediate

15  consumption) which were received during the preceding

16  calendar month or quarter and upon which tax would have

17  been due but for the 0% rate imposed under Public Act

18  102-700;

19  7. The amount of credit provided in Section 2d of this

20  Act;

21  8. The amount of tax due, including the amount of tax

22  that would have been due on food for human consumption

23  that is to be consumed off the premises where it is sold

24  (other than alcoholic beverages, food consisting of or

25  infused with adult use cannabis, soft drinks, and food

26  that has been prepared for immediate consumption) but for
    SB3019 Enrolled          - 1188 - LRB104 20255 HLH 33706 b

1   the 0% rate imposed under Public Act 102-700;

2   9. The signature of the taxpayer; and

3   10. Such other reasonable information as the

4   Department may require.

5   In the case of leases, except as otherwise provided in

6 this Act, the lessor must remit for each tax return period only

7 the tax applicable to that part of the selling price actually

8 received during such tax return period.

9   On and after January 1, 2018, except for returns required

10 to be filed prior to January 1, 2023 for motor vehicles,

11 watercraft, aircraft, and trailers that are required to be

12 registered with an agency of this State, with respect to

13 retailers whose annual gross receipts average $20,000 or more,

14 all returns required to be filed pursuant to this Act shall be

15 filed electronically. On and after January 1, 2023, with

16 respect to retailers whose annual gross receipts average

17 $20,000 or more, all returns required to be filed pursuant to

18 this Act, including, but not limited to, returns for motor

19 vehicles, watercraft, aircraft, and trailers that are required

20 to be registered with an agency of this State, shall be filed

21 electronically. Retailers who demonstrate that they do not

22 have access to the Internet or demonstrate hardship in filing

23 electronically may petition the Department to waive the

24 electronic filing requirement.

25  If a taxpayer fails to sign a return within 30 days after

26 the proper notice and demand for signature by the Department,
   SB3019 Enrolled  - 1189 - LRB104 20255 HLH 33706 b

1 the return shall be considered valid and any amount shown to be

2 due on the return shall be deemed assessed.

3  Each return shall be accompanied by the statement of

4 prepaid tax issued pursuant to Section 2e for which credit is

5 claimed.

6  Prior to October 1, 2003 and on and after September 1,

7 2004, a retailer may accept a Manufacturer's Purchase Credit

8 certification from a purchaser in satisfaction of Use Tax as

9 provided in Section 3-85 of the Use Tax Act if the purchaser

10 provides the appropriate documentation as required by Section

11 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

12 certification, accepted by a retailer prior to October 1, 2003

13 and on and after September 1, 2004 as provided in Section 3-85

14 of the Use Tax Act, may be used by that retailer to satisfy

15 Retailers' Occupation Tax liability in the amount claimed in

16 the certification, not to exceed 6.25% of the receipts subject

17 to tax from a qualifying purchase. A Manufacturer's Purchase

18 Credit reported on any original or amended return filed under

19 this Act after October 20, 2003 for reporting periods prior to

20 September 1, 2004 shall be disallowed. Manufacturer's Purchase

21 Credit reported on annual returns due on or after January 1,

22 2005 will be disallowed for periods prior to September 1,

23 2004. No Manufacturer's Purchase Credit may be used after

24 September 30, 2003 through August 31, 2004 to satisfy any tax

25 liability imposed under this Act, including any audit

26 liability.
    SB3019 Enrolled     - 1190 - LRB104 20255 HLH 33706 b

1   Beginning on July 1, 2023 and through December 31, 2032, a

2 retailer may accept a Sustainable Aviation Fuel Purchase

3 Credit certification from an air common carrier-purchaser in

4 satisfaction of Use Tax on aviation fuel as provided in

5 Section 3-87 of the Use Tax Act if the purchaser provides the

6 appropriate documentation as required by Section 3-87 of the

7 Use Tax Act. A Sustainable Aviation Fuel Purchase Credit

8 certification accepted by a retailer in accordance with this

9 paragraph may be used by that retailer to satisfy Retailers'

10 Occupation Tax liability (but not in satisfaction of penalty

11 or interest) in the amount claimed in the certification, not

12 to exceed 6.25% of the receipts subject to tax from a sale of

13 aviation fuel. In addition, for a sale of aviation fuel to

14 qualify to earn the Sustainable Aviation Fuel Purchase Credit,

15 retailers must retain in their books and records a

16 certification from the producer of the aviation fuel that the

17 aviation fuel sold by the retailer and for which a sustainable

18 aviation fuel purchase credit was earned meets the definition

19 of sustainable aviation fuel under Section 3-87 of the Use Tax

20 Act. The documentation must include detail sufficient for the

21 Department to determine the number of gallons of sustainable

22 aviation fuel sold.

23  The Department may require returns to be filed on a

24 quarterly basis. If so required, a return for each calendar

25 quarter shall be filed on or before the twentieth day of the

26 calendar month following the end of such calendar quarter. The
    SB3019 Enrolled  - 1191 - LRB104 20255 HLH 33706 b

1 taxpayer shall also file a return with the Department for each

2 of the first 2 months of each calendar quarter, on or before

3 the twentieth day of the following calendar month, stating:

4   1. The name of the seller;

5   2. The address of the principal place of business from

6   which he engages in the business of selling tangible

7   personal property at retail in this State;

8   3. The total amount of taxable receipts received by

9   him during the preceding calendar month from sales of

10  tangible personal property by him during such preceding

11  calendar month, including receipts from charge and time

12  sales, but less all deductions allowed by law;

13  4. The amount of credit provided in Section 2d of this

14  Act;

15  5. The amount of tax due; and

16  6. Such other reasonable information as the Department

17  may require.

18  Every person engaged in the business of selling aviation

19 fuel at retail in this State during the preceding calendar

20 month shall, instead of reporting and paying tax as otherwise

21 required by this Section, report and pay such tax on a separate

22 aviation fuel tax return. The requirements related to the

23 return shall be as otherwise provided in this Section.

24 Notwithstanding any other provisions of this Act to the

25 contrary, retailers selling aviation fuel shall file all

26 aviation fuel tax returns and shall make all aviation fuel tax
    SB3019 Enrolled  - 1192 - LRB104 20255 HLH 33706 b

1 payments by electronic means in the manner and form required

2 by the Department. For purposes of this Section, "aviation

3 fuel" means jet fuel and aviation gasoline.

4   Beginning on October 1, 2003, any person who is not a

5 licensed distributor, importing distributor, or manufacturer,

6 as defined in the Liquor Control Act of 1934, but is engaged in

7 the business of selling, at retail, alcoholic liquor shall

8 file a statement with the Department of Revenue, in a format

9 and at a time prescribed by the Department, showing the total

10 amount paid for alcoholic liquor purchased during the

11 preceding month and such other information as is reasonably

12 required by the Department. The Department may adopt rules to

13 require that this statement be filed in an electronic or

14 telephonic format. Such rules may provide for exceptions from

15 the filing requirements of this paragraph. For the purposes of

16 this paragraph, the term "alcoholic liquor" shall have the

17 meaning prescribed in the Liquor Control Act of 1934.

18  Beginning on October 1, 2003, every distributor, importing

19 distributor, and manufacturer of alcoholic liquor as defined

20 in the Liquor Control Act of 1934, shall file a statement with

21 the Department of Revenue, no later than the 10th day of the

22 month for the preceding month during which transactions

23 occurred, by electronic means, showing the total amount of

24 gross receipts from the sale of alcoholic liquor sold or

25 distributed during the preceding month to purchasers;

26 identifying the purchaser to whom it was sold or distributed;
    SB3019 Enrolled  - 1193 - LRB104 20255 HLH 33706 b

1 the purchaser's tax registration number; and such other

2 information reasonably required by the Department. A

3 distributor, importing distributor, or manufacturer of

4 alcoholic liquor must personally deliver, mail, or provide by

5 electronic means to each retailer listed on the monthly

6 statement a report containing a cumulative total of that

7 distributor's, importing distributor's, or manufacturer's

8 total sales of alcoholic liquor to that retailer no later than

9 the 10th day of the month for the preceding month during which

10 the transaction occurred. The distributor, importing

11 distributor, or manufacturer shall notify the retailer as to

12 the method by which the distributor, importing distributor, or

13 manufacturer will provide the sales information. If the

14 retailer is unable to receive the sales information by

15 electronic means, the distributor, importing distributor, or

16 manufacturer shall furnish the sales information by personal

17 delivery or by mail. For purposes of this paragraph, the term

18 "electronic means" includes, but is not limited to, the use of

19 a secure Internet website, e-mail, or facsimile.

20  If a total amount of less than $1 is payable, refundable or

21 creditable, such amount shall be disregarded if it is less

22 than 50 cents and shall be increased to $1 if it is 50 cents or

23 more.

24  Notwithstanding any other provision of this Act to the

25 contrary, retailers subject to tax on cannabis shall file all

26 cannabis tax returns and shall make all cannabis tax payments
   SB3019 Enrolled  - 1194 - LRB104 20255 HLH 33706 b

1 by electronic means in the manner and form required by the

2 Department.

3  Beginning October 1, 1993, a taxpayer who has an average

4 monthly tax liability of $150,000 or more shall make all

5 payments required by rules of the Department by electronic

6 funds transfer. Beginning October 1, 1994, a taxpayer who has

7 an average monthly tax liability of $100,000 or more shall

8 make all payments required by rules of the Department by

9 electronic funds transfer. Beginning October 1, 1995, a

10 taxpayer who has an average monthly tax liability of $50,000

11 or more shall make all payments required by rules of the

12 Department by electronic funds transfer. Beginning October 1,

13 2000, a taxpayer who has an annual tax liability of $200,000 or

14 more shall make all payments required by rules of the

15 Department by electronic funds transfer. The term "annual tax

16 liability" shall be the sum of the taxpayer's liabilities

17 under this Act, and under all other State and local occupation

18 and use tax laws administered by the Department, for the

19 immediately preceding calendar year. The term "average monthly

20 tax liability" shall be the sum of the taxpayer's liabilities

21 under this Act, and under all other State and local occupation

22 and use tax laws administered by the Department, for the

23 immediately preceding calendar year divided by 12. Beginning

24 on October 1, 2002, a taxpayer who has a tax liability in the

25 amount set forth in subsection (b) of Section 2505-210 of the

26 Department of Revenue Law shall make all payments required by
    SB3019 Enrolled     - 1195 - LRB104 20255 HLH 33706 b

1 rules of the Department by electronic funds transfer.

2   Before August 1 of each year beginning in 1993, the

3 Department shall notify all taxpayers required to make

4 payments by electronic funds transfer. All taxpayers required

5 to make payments by electronic funds transfer shall make those

6 payments for a minimum of one year beginning on October 1.

7   Any taxpayer not required to make payments by electronic

8 funds transfer may make payments by electronic funds transfer

9 with the permission of the Department.

10  All taxpayers required to make payment by electronic funds

11 transfer and any taxpayers authorized to voluntarily make

12 payments by electronic funds transfer shall make those

13 payments in the manner authorized by the Department.

14  The Department shall adopt such rules as are necessary to

15 effectuate a program of electronic funds transfer and the

16 requirements of this Section.

17  Any amount which is required to be shown or reported on any

18 return or other document under this Act shall, if such amount

19 is not a whole-dollar amount, be increased to the nearest

20 whole-dollar amount in any case where the fractional part of a

21 dollar is 50 cents or more, and decreased to the nearest

22 whole-dollar amount where the fractional part of a dollar is

23 less than 50 cents.

24  If the retailer is otherwise required to file a monthly

25 return and if the retailer's average monthly tax liability to

26 the Department does not exceed $200, the Department may
    SB3019 Enrolled        - 1196 - LRB104 20255 HLH 33706 b

1 authorize his returns to be filed on a quarter annual basis,

2 with the return for January, February, and March of a given

3 year being due by April 20 of such year; with the return for

4 April, May, and June of a given year being due by July 20 of

5 such year; with the return for July, August, and September of a

6 given year being due by October 20 of such year, and with the

7 return for October, November, and December of a given year

8 being due by January 20 of the following year.

9   If the retailer is otherwise required to file a monthly or

10 quarterly return and if the retailer's average monthly tax

11 liability with the Department does not exceed $50, the

12 Department may authorize his returns to be filed on an annual

13 basis, with the return for a given year being due by January 20

14 of the following year.

15  Such quarter annual and annual returns, as to form and

16 substance, shall be subject to the same requirements as

17 monthly returns.

18  Notwithstanding any other provision in this Act concerning

19 the time within which a retailer may file his return, in the

20 case of any retailer who ceases to engage in a kind of business

21 which makes him responsible for filing returns under this Act,

22 such retailer shall file a final return under this Act with the

23 Department not more than one month after discontinuing such

24 business.

25  Where the same person has more than one business

26 registered with the Department under separate registrations
   SB3019 Enrolled      - 1197 - LRB104 20255 HLH 33706 b

1 under this Act, such person may not file each return that is

2 due as a single return covering all such registered

3 businesses, but shall file separate returns for each such

4 registered business.

5  In addition, with respect to motor vehicles, watercraft,

6 aircraft, and trailers that are required to be registered with

7 an agency of this State, except as otherwise provided in this

8 Section, every retailer selling this kind of tangible personal

9 property shall file, with the Department, upon a form to be

10 prescribed and supplied by the Department, a separate return

11 for each such item of tangible personal property which the

12 retailer sells, except that if, in the same transaction, (i) a

13 retailer of aircraft, watercraft, motor vehicles, or trailers

14 transfers more than one aircraft, watercraft, motor vehicle,

15 or trailer to another aircraft, watercraft, motor vehicle

16 retailer, or trailer retailer for the purpose of resale or

17 (ii) a retailer of aircraft, watercraft, motor vehicles, or

18 trailers transfers more than one aircraft, watercraft, motor

19 vehicle, or trailer to a purchaser for use as a qualifying

20 rolling stock as provided in Section 2-5 of this Act, then that

21 seller may report the transfer of all aircraft, watercraft,

22 motor vehicles, or trailers involved in that transaction to

23 the Department on the same uniform invoice-transaction

24 reporting return form. For purposes of this Section,

25 "watercraft" means a Class 2, Class 3, or Class 4 watercraft as

26 defined in Section 3-2 of the Boat Registration and Safety
    SB3019 Enrolled  - 1198 - LRB104 20255 HLH 33706 b

1 Act, a personal watercraft, or any boat equipped with an

2 inboard motor.

3   In addition, with respect to motor vehicles, watercraft,

4 aircraft, and trailers that are required to be registered with

5 an agency of this State, every person who is engaged in the

6 business of leasing or renting such items and who, in

7 connection with such business, sells any such item to a

8 retailer for the purpose of resale is, notwithstanding any

9 other provision of this Section to the contrary, authorized to

10 meet the return-filing requirement of this Act by reporting

11 the transfer of all the aircraft, watercraft, motor vehicles,

12 or trailers transferred for resale during a month to the

13 Department on the same uniform invoice-transaction reporting

14 return form on or before the 20th of the month following the

15 month in which the transfer takes place. Notwithstanding any

16 other provision of this Act to the contrary, all returns filed

17 under this paragraph must be filed by electronic means in the

18 manner and form as required by the Department.

19  Any retailer who sells only motor vehicles, watercraft,

20 aircraft, or trailers that are required to be registered with

21 an agency of this State, so that all retailers' occupation tax

22 liability is required to be reported, and is reported, on such

23 transaction reporting returns and who is not otherwise

24 required to file monthly or quarterly returns, need not file

25 monthly or quarterly returns. However, those retailers shall

26 be required to file returns on an annual basis.
    SB3019 Enrolled  - 1199 - LRB104 20255 HLH 33706 b

1   The transaction reporting return, in the case of motor

2 vehicles or trailers that are required to be registered with

3 an agency of this State, shall be the same document as the

4 Uniform Invoice referred to in Section 5-402 of the Illinois

5 Vehicle Code and must show the name and address of the seller;

6 the name and address of the purchaser; the amount of the

7 selling price including the amount allowed by the retailer for

8 traded-in property, if any; the amount allowed by the retailer

9 for the traded-in tangible personal property, if any, to the

10 extent to which Section 1 of this Act allows an exemption for

11 the value of traded-in property; the balance payable after

12 deducting such trade-in allowance from the total selling

13 price; the amount of tax due from the retailer with respect to

14 such transaction; the amount of tax collected from the

15 purchaser by the retailer on such transaction (or satisfactory

16 evidence that such tax is not due in that particular instance,

17 if that is claimed to be the fact); the place and date of the

18 sale; a sufficient identification of the property sold; such

19 other information as is required in Section 5-402 of the

20 Illinois Vehicle Code, and such other information as the

21 Department may reasonably require.

22  The transaction reporting return in the case of watercraft

23 or aircraft must show the name and address of the seller; the

24 name and address of the purchaser; the amount of the selling

25 price including the amount allowed by the retailer for

26 traded-in property, if any; the amount allowed by the retailer
    SB3019 Enrolled  - 1200 - LRB104 20255 HLH 33706 b

1 for the traded-in tangible personal property, if any, to the

2 extent to which Section 1 of this Act allows an exemption for

3 the value of traded-in property; the balance payable after

4 deducting such trade-in allowance from the total selling

5 price; the amount of tax due from the retailer with respect to

6 such transaction; the amount of tax collected from the

7 purchaser by the retailer on such transaction (or satisfactory

8 evidence that such tax is not due in that particular instance,

9 if that is claimed to be the fact); the place and date of the

10 sale, a sufficient identification of the property sold, and

11 such other information as the Department may reasonably

12 require.

13  Such transaction reporting return shall be filed not later

14 than 20 days after the day of delivery of the item that is

15 being sold, but may be filed by the retailer at any time sooner

16 than that if he chooses to do so. The transaction reporting

17 return and tax remittance or proof of exemption from the

18 Illinois use tax may be transmitted to the Department by way of

19 the State agency with which, or State officer with whom the

20 tangible personal property must be titled or registered (if

21 titling or registration is required) if the Department and

22 such agency or State officer determine that this procedure

23 will expedite the processing of applications for title or

24 registration.

25  With each such transaction reporting return, the retailer

26 shall remit the proper amount of tax due (or shall submit
    SB3019 Enrolled            - 1201 - LRB104 20255 HLH 33706 b

1 satisfactory evidence that the sale is not taxable if that is

2 the case), to the Department or its agents, whereupon the

3 Department shall issue, in the purchaser's name, a use tax

4 receipt (or a certificate of exemption if the Department is

5 satisfied that the particular sale is tax-exempt tax exempt)

6 which such purchaser may submit to the agency with which, or

7 State officer with whom, he must title or register the

8 tangible personal property that is involved (if titling or

9 registration is required) in support of such purchaser's

10 application for an Illinois certificate or other evidence of

11 title or registration to such tangible personal property.

12  No retailer's failure or refusal to remit tax under this

13 Act precludes a user, who has paid the proper tax to the

14 retailer, from obtaining his certificate of title or other

15 evidence of title or registration (if titling or registration

16 is required) upon satisfying the Department that such user has

17 paid the proper tax (if tax is due) to the retailer. The

18 Department shall adopt appropriate rules to carry out the

19 mandate of this paragraph.

20  If the user who would otherwise pay tax to the retailer

21 wants the transaction reporting return filed and the payment

22 of the tax or proof of exemption made to the Department before

23 the retailer is willing to take these actions and such user has

24 not paid the tax to the retailer, such user may certify to the

25 fact of such delay by the retailer and may (upon the Department

26 being satisfied of the truth of such certification) transmit
    SB3019 Enrolled  - 1202 - LRB104 20255 HLH 33706 b

1 the information required by the transaction reporting return

2 and the remittance for tax or proof of exemption directly to

3 the Department and obtain his tax receipt or exemption

4 determination, in which event the transaction reporting return

5 and tax remittance (if a tax payment was required) shall be

6 credited by the Department to the proper retailer's account

7 with the Department, but without the vendor's discount

8 provided for in this Section being allowed. When the user pays

9 the tax directly to the Department, he shall pay the tax in the

10 same amount and in the same form in which it would be remitted

11 if the tax had been remitted to the Department by the retailer.

12  On and after January 1, 2025, with respect to the lease of

13 trailers, other than semitrailers as defined in Section 1-187

14 of the Illinois Vehicle Code, that are required to be

15 registered with an agency of this State and that are subject to

16 the tax on lease receipts under this Act, notwithstanding any

17 other provision of this Act to the contrary, for the purpose of

18 reporting and paying tax under this Act on those lease

19 receipts, lessors shall file returns in addition to and

20 separate from the transaction reporting return. Lessors shall

21 file those lease returns and make payment to the Department by

22 electronic means on or before the 20th day of each month

23 following the month, quarter, or year, as applicable, in which

24 lease receipts were received. All lease receipts received by

25 the lessor from the lease of those trailers during the same

26 reporting period shall be reported and tax shall be paid on a
    SB3019 Enrolled  - 1203 - LRB104 20255 HLH 33706 b

1 single return form to be prescribed by the Department.

2   Refunds made by the seller during the preceding return

3 period to purchasers, on account of tangible personal property

4 returned to the seller, shall be allowed as a deduction under

5 subdivision 5 of his monthly or quarterly return, as the case

6 may be, in case the seller had theretofore included the

7 receipts from the sale of such tangible personal property in a

8 return filed by him and had paid the tax imposed by this Act

9 with respect to such receipts.

10  Where the seller is a corporation, the return filed on

11 behalf of such corporation shall be signed by the president,

12 vice-president, secretary, or treasurer or by the properly

13 accredited agent of such corporation.

14  Where the seller is a limited liability company, the

15 return filed on behalf of the limited liability company shall

16 be signed by a manager, member, or properly accredited agent

17 of the limited liability company.

18  Except as provided in this Section, the retailer filing

19 the return under this Section shall, at the time of filing such

20 return, pay to the Department the amount of tax imposed by this

21 Act less a discount of 2.1% prior to January 1, 1990 and 1.75%

22 on and after January 1, 1990, or $5 per calendar year,

23 whichever is greater, which is allowed to reimburse the

24 retailer for the expenses incurred in keeping records,

25 preparing and filing returns, remitting the tax and supplying

26 data to the Department on request. A a certified service
SB3019 Enrolled  - 1204 - LRB104 20255 HLH 33706 b

 1 provider, as defined in the Leveling the Playing Field for
 2 Illinois Retail Act, filing the return under this Section on
 3 behalf of a remote retailer or a retailer maintaining a place
 4 of business in this State shall, at the time of such return,
 5 pay to the Department the amount of tax imposed by this Act
 6 less a discount of 1.75%. A remote retailer or a retailer
 7 maintaining a place of business in this State using a
 8 certified service provider to file a return on its behalf, as
 9 provided in the Leveling the Playing Field for Illinois Retail
10 Act, is not eligible for the discount. Beginning with returns
11 due on or after January 1, 2025, the vendor's discount allowed
12 in this Section, the Service Occupation Tax Act, the Use Tax
13 Act, and the Service Use Tax Act, including any local tax
14 administered by the Department and reported on the same
15 return, shall not exceed $1,000 per month in the aggregate for
16 returns other than transaction returns filed during the month.
17 When determining the discount allowed under this Section,
18 retailers shall include the amount of tax that would have been
19 due at the 1% rate but for the 0% rate imposed under Public Act
20 102-700. When determining the discount allowed under this
21 Section, retailers shall include the amount of tax that would
22 have been due at the 6.25% rate but for the 1.25% rate imposed
23 on sales tax holiday items under Public Act 102-700 and under
24 this amendatory Act of the 104th General Assembly. The
25 discount under this Section is not allowed for the 1.25%
26 portion of taxes paid on aviation fuel that is subject to the
    SB3019 Enrolled  - 1205 - LRB104 20255 HLH 33706 b

1 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

2 47133. Any prepayment made pursuant to Section 2d of this Act

3 shall be included in the amount on which such discount is

4 computed. In the case of retailers who report and pay the tax

5 on a transaction by transaction basis, as provided in this

6 Section, such discount shall be taken with each such tax

7 remittance instead of when such retailer files his periodic

8 return, but, beginning with returns due on or after January 1,

9 2025, the vendor's discount allowed under this Section and the

10 Use Tax Act, including any local tax administered by the

11 Department and reported on the same transaction return, shall

12 not exceed $1,000 per month for all transaction returns filed

13 during the month. The discount allowed under this Section is

14 allowed only for returns that are filed in the manner required

15 by this Act. The Department may disallow the discount for

16 retailers whose certificate of registration is revoked at the

17 time the return is filed, but only if the Department's

18 decision to revoke the certificate of registration has become

19 final.

20  Before October 1, 2000, if the taxpayer's average monthly

21 tax liability to the Department under this Act, the Use Tax

22 Act, the Service Occupation Tax Act, and the Service Use Tax

23 Act, excluding any liability for prepaid sales tax to be

24 remitted in accordance with Section 2d of this Act, was

25 $10,000 or more during the preceding 4 complete calendar

26 quarters, he shall file a return with the Department each
SB3019 Enrolled  - 1206 - LRB104 20255 HLH 33706 b

 1 month by the 20th day of the month next following the month
 2 during which such tax liability is incurred and shall make
 3 payments to the Department on or before the 7th, 15th, 22nd and
 4 last day of the month during which such liability is incurred.
 5 On and after October 1, 2000, if the taxpayer's average
 6 monthly tax liability to the Department under this Act, the
 7 Use Tax Act, the Service Occupation Tax Act, and the Service
 8 Use Tax Act, excluding any liability for prepaid sales tax to
 9 be remitted in accordance with Section 2d of this Act, was
10 $20,000 or more during the preceding 4 complete calendar
11 quarters, he shall file a return with the Department each
12 month by the 20th day of the month next following the month
13 during which such tax liability is incurred and shall make
14 payment to the Department on or before the 7th, 15th, 22nd and
15 last day of the month during which such liability is incurred.
16 If the month during which such tax liability is incurred began
17 prior to January 1, 1985, each payment shall be in an amount
18 equal to 1/4 of the taxpayer's actual liability for the month
19 or an amount set by the Department not to exceed 1/4 of the
20 average monthly liability of the taxpayer to the Department
21 for the preceding 4 complete calendar quarters (excluding the
22 month of highest liability and the month of lowest liability
23 in such 4 quarter period). If the month during which such tax
24 liability is incurred begins on or after January 1, 1985 and
25 prior to January 1, 1987, each payment shall be in an amount
26 equal to 22.5% of the taxpayer's actual liability for the
SB3019 Enrolled  - 1207 - LRB104 20255 HLH 33706 b

 1 month or 27.5% of the taxpayer's liability for the same
 2 calendar month of the preceding year. If the month during
 3 which such tax liability is incurred begins on or after
 4 January 1, 1987 and prior to January 1, 1988, each payment
 5 shall be in an amount equal to 22.5% of the taxpayer's actual
 6 liability for the month or 26.25% of the taxpayer's liability
 7 for the same calendar month of the preceding year. If the month
 8 during which such tax liability is incurred begins on or after
 9 January 1, 1988, and prior to January 1, 1989, or begins on or
10 after January 1, 1996, each payment shall be in an amount equal
11 to 22.5% of the taxpayer's actual liability for the month or
12 25% of the taxpayer's liability for the same calendar month of
13 the preceding year. If the month during which such tax
14 liability is incurred begins on or after January 1, 1989, and
15 prior to January 1, 1996, each payment shall be in an amount
16 equal to 22.5% of the taxpayer's actual liability for the
17 month or 25% of the taxpayer's liability for the same calendar
18 month of the preceding year or 100% of the taxpayer's actual
19 liability for the quarter monthly reporting period. The amount
20 of such quarter monthly payments shall be credited against the
21 final tax liability of the taxpayer's return for that month.
22 Before October 1, 2000, once applicable, the requirement of
23 the making of quarter monthly payments to the Department by
24 taxpayers having an average monthly tax liability of $10,000
25 or more as determined in the manner provided above shall
26 continue until such taxpayer's average monthly liability to
SB3019 Enrolled  - 1208 - LRB104 20255 HLH 33706 b

 1 the Department during the preceding 4 complete calendar
 2 quarters (excluding the month of highest liability and the
 3 month of lowest liability) is less than $9,000, or until such
 4 taxpayer's average monthly liability to the Department as
 5 computed for each calendar quarter of the 4 preceding complete
 6 calendar quarter period is less than $10,000. However, if a
 7 taxpayer can show the Department that a substantial change in
 8 the taxpayer's business has occurred which causes the taxpayer
 9 to anticipate that his average monthly tax liability for the
10 reasonably foreseeable future will fall below the $10,000
11 threshold stated above, then such taxpayer may petition the
12 Department for a change in such taxpayer's reporting status.
13 On and after October 1, 2000, once applicable, the requirement
14 of the making of quarter monthly payments to the Department by
15 taxpayers having an average monthly tax liability of $20,000
16 or more as determined in the manner provided above shall
17 continue until such taxpayer's average monthly liability to
18 the Department during the preceding 4 complete calendar
19 quarters (excluding the month of highest liability and the
20 month of lowest liability) is less than $19,000 or until such
21 taxpayer's average monthly liability to the Department as
22 computed for each calendar quarter of the 4 preceding complete
23 calendar quarter period is less than $20,000. However, if a
24 taxpayer can show the Department that a substantial change in
25 the taxpayer's business has occurred which causes the taxpayer
26 to anticipate that his average monthly tax liability for the
SB3019 Enrolled  - 1209 - LRB104 20255 HLH 33706 b

 1 reasonably foreseeable future will fall below the $20,000
 2 threshold stated above, then such taxpayer may petition the
 3 Department for a change in such taxpayer's reporting status.
 4 The Department shall change such taxpayer's reporting status
 5 unless it finds that such change is seasonal in nature and not
 6 likely to be long term. Quarter monthly payment status shall
 7 be determined under this paragraph as if the rate reduction to
 8 0% in Public Act 102-700 on food for human consumption that is
 9 to be consumed off the premises where it is sold (other than
10 alcoholic beverages, food consisting of or infused with adult
11 use cannabis, soft drinks, and food that has been prepared for
12 immediate consumption) had not occurred. For quarter monthly
13 payments due under this paragraph on or after July 1, 2023 and
14 through June 30, 2024, "25% of the taxpayer's liability for
15 the same calendar month of the preceding year" shall be
16 determined as if the rate reduction to 0% in Public Act 102-700
17 had not occurred. Quarter monthly payment status shall be
18 determined under this paragraph as if the rate reduction to
19 1.25% in Public Act 102-700 and in this amendatory Act of the
20 104th General Assembly on sales tax holiday items had not
21 occurred. For quarter monthly payments due on or after July 1,
22 2023 and through June 30, 2024, and on or after July 1, 2027
23 and through June 30, 2028, "25% of the taxpayer's liability
24 for the same calendar month of the preceding year" shall be
25 determined as if the rate reduction to 1.25% in Public Act
26 102-700 and in this amendatory Act of the 104th General
    SB3019 Enrolled  - 1210 - LRB104 20255 HLH 33706 b

1 Assembly on sales tax holiday items had not occurred. If any

2 such quarter monthly payment is not paid at the time or in the

3 amount required by this Section, then the taxpayer shall be

4 liable for penalties and interest on the difference between

5 the minimum amount due as a payment and the amount of such

6 quarter monthly payment actually and timely paid, except

7 insofar as the taxpayer has previously made payments for that

8 month to the Department in excess of the minimum payments

9 previously due as provided in this Section. The Department

10 shall make reasonable rules and regulations to govern the

11 quarter monthly payment amount and quarter monthly payment

12 dates for taxpayers who file on other than a calendar monthly

13 basis.

14  The provisions of this paragraph apply before October 1,

15 2001. Without regard to whether a taxpayer is required to make

16 quarter monthly payments as specified above, any taxpayer who

17 is required by Section 2d of this Act to collect and remit

18 prepaid taxes and has collected prepaid taxes which average in

19 excess of $25,000 per month during the preceding 2 complete

20 calendar quarters, shall file a return with the Department as

21 required by Section 2f and shall make payments to the

22 Department on or before the 7th, 15th, 22nd and last day of the

23 month during which such liability is incurred. If the month

24 during which such tax liability is incurred began prior to

25 September 1, 1985 (the effective date of Public Act 84-221),

26 each payment shall be in an amount not less than 22.5% of the
    SB3019 Enrolled  - 1211 - LRB104 20255 HLH 33706 b

1 taxpayer's actual liability under Section 2d. If the month

2 during which such tax liability is incurred begins on or after

3 January 1, 1986, each payment shall be in an amount equal to

4 22.5% of the taxpayer's actual liability for the month or

5 27.5% of the taxpayer's liability for the same calendar month

6 of the preceding calendar year. If the month during which such

7 tax liability is incurred begins on or after January 1, 1987,

8 each payment shall be in an amount equal to 22.5% of the

9 taxpayer's actual liability for the month or 26.25% of the

10 taxpayer's liability for the same calendar month of the

11 preceding year. The amount of such quarter monthly payments

12 shall be credited against the final tax liability of the

13 taxpayer's return for that month filed under this Section or

14 Section 2f, as the case may be. Once applicable, the

15 requirement of the making of quarter monthly payments to the

16 Department pursuant to this paragraph shall continue until

17 such taxpayer's average monthly prepaid tax collections during

18 the preceding 2 complete calendar quarters is $25,000 or less.

19 If any such quarter monthly payment is not paid at the time or

20 in the amount required, the taxpayer shall be liable for

21 penalties and interest on such difference, except insofar as

22 the taxpayer has previously made payments for that month in

23 excess of the minimum payments previously due.

24  The provisions of this paragraph apply on and after

25 October 1, 2001. Without regard to whether a taxpayer is

26 required to make quarter monthly payments as specified above,
SB3019 Enrolled  - 1212 - LRB104 20255 HLH 33706 b

 1 any taxpayer who is required by Section 2d of this Act to
 2 collect and remit prepaid taxes and has collected prepaid
 3 taxes that average in excess of $20,000 per month during the
 4 preceding 4 complete calendar quarters shall file a return
 5 with the Department as required by Section 2f and shall make
 6 payments to the Department on or before the 7th, 15th, 22nd,
 7 and last day of the month during which the liability is
 8 incurred. Each payment shall be in an amount equal to 22.5% of
 9 the taxpayer's actual liability for the month or 25% of the
10 taxpayer's liability for the same calendar month of the
11 preceding year. The amount of the quarter monthly payments
12 shall be credited against the final tax liability of the
13 taxpayer's return for that month filed under this Section or
14 Section 2f, as the case may be. Once applicable, the
15 requirement of the making of quarter monthly payments to the
16 Department pursuant to this paragraph shall continue until the
17 taxpayer's average monthly prepaid tax collections during the
18 preceding 4 complete calendar quarters (excluding the month of
19 highest liability and the month of lowest liability) is less
20 than $19,000 or until such taxpayer's average monthly
21 liability to the Department as computed for each calendar
22 quarter of the 4 preceding complete calendar quarters is less
23 than $20,000. If any such quarter monthly payment is not paid
24 at the time or in the amount required, the taxpayer shall be
25 liable for penalties and interest on such difference, except
26 insofar as the taxpayer has previously made payments for that
    SB3019 Enrolled     - 1213 - LRB104 20255 HLH 33706 b

1 month in excess of the minimum payments previously due.

2   If any payment provided for in this Section exceeds the

3 taxpayer's liabilities under this Act, the Use Tax Act, the

4 Service Occupation Tax Act, and the Service Use Tax Act, as

5 shown on an original monthly return, the Department shall, if

6 requested by the taxpayer, issue to the taxpayer a credit

7 memorandum no later than 30 days after the date of payment. The

8 credit evidenced by such credit memorandum may be assigned by

9 the taxpayer to a similar taxpayer under this Act, the Use Tax

10 Act, the Service Occupation Tax Act, or the Service Use Tax

11 Act, in accordance with reasonable rules and regulations to be

12 prescribed by the Department. If no such request is made, the

13 taxpayer may credit such excess payment against tax liability

14 subsequently to be remitted to the Department under this Act,

15 the Use Tax Act, the Service Occupation Tax Act, or the Service

16 Use Tax Act, in accordance with reasonable rules and

17 regulations prescribed by the Department. If the Department

18 subsequently determined that all or any part of the credit

19 taken was not actually due to the taxpayer, the taxpayer's

20 vendor's discount shall be reduced, if necessary, to reflect

21 the difference between the credit taken and that actually due,

22 and that taxpayer shall be liable for penalties and interest

23 on such difference.

24  If a retailer of motor fuel is entitled to a credit under

25 Section 2d of this Act which exceeds the taxpayer's liability

26 to the Department under this Act for the month for which the
    SB3019 Enrolled         - 1214 - LRB104 20255 HLH 33706 b

1 taxpayer is filing a return, the Department shall issue the

2 taxpayer a credit memorandum for the excess.

3   The net revenue realized at the 15% rate under either

4 Section 4 or Section 5 of this Act shall be deposited as

5 follows: (i) notwithstanding the provisions of this Section to

6 the contrary, the net revenue realized from the portion of the

7 rate in excess of 5% shall be deposited into the State and

8 Local Sales Tax Reform Fund; and (ii) the net revenue realized

9 from the 5% portion of the rate shall be deposited as provided

10 in this Section for the 5% portion of the 6.25% general rate

11 imposed under this Act.

12  Beginning January 1, 1990, each month the Department shall

13 pay into the Local Government Tax Fund, a special fund in the

14 State treasury which is hereby created, the net revenue

15 realized for the preceding month from the 1% tax imposed under

16 this Act.

17  Beginning January 1, 1990, each month the Department shall

18 pay into the County and Mass Transit District Fund, a special

19 fund in the State treasury which is hereby created, 4% of the

20 net revenue realized for the preceding month from the 6.25%

21 general rate other than aviation fuel sold on or after

22 December 1, 2019. This exception for aviation fuel only

23 applies for so long as the revenue use requirements of 49

24 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

25  Beginning August 1, 2000, each month the Department shall

26 pay into the County and Mass Transit District Fund 20% of the
    SB3019 Enrolled  - 1215 - LRB104 20255 HLH 33706 b

1 net revenue realized for the preceding month from the 1.25%

2 rate on the selling price of motor fuel and gasohol. If, in any

3 month, the tax on sales tax holiday items, as defined in

4 Section 2-8, is imposed at the rate of 1.25%, then the

5 Department shall pay 20% of the net revenue realized for that

6 month from the 1.25% rate on the selling price of sales tax

7 holiday items into the County and Mass Transit District Fund.

8   Beginning January 1, 1990, each month the Department shall

9 pay into the Local Government Tax Fund 16% of the net revenue

10 realized for the preceding month from the 6.25% general rate

11 on the selling price of tangible personal property other than

12 aviation fuel sold on or after December 1, 2019. This

13 exception for aviation fuel only applies for so long as the

14 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

15 47133 are binding on the State.

16  For aviation fuel sold on or after December 1, 2019, each

17 month the Department shall pay into the State Aviation Program

18 Fund 20% of the net revenue realized for the preceding month

19 from the 6.25% general rate on the selling price of aviation

20 fuel, less an amount estimated by the Department to be

21 required for refunds of the 20% portion of the tax on aviation

22 fuel under this Act, which amount shall be deposited into the

23 Aviation Fuel Sales Tax Refund Fund. The Department shall only

24 pay moneys into the State Aviation Program Fund and the

25 Aviation Fuel Sales Tax Refund Fund under this Act for so long

26 as the revenue use requirements of 49 U.S.C. 47107(b) and 49
    SB3019 Enrolled         - 1216 - LRB104 20255 HLH 33706 b

1 U.S.C. 47133 are binding on the State.

2   Beginning August 1, 2000, each month the Department shall

3 pay into the Local Government Tax Fund 80% of the net revenue

4 realized for the preceding month from the 1.25% rate on the

5 selling price of motor fuel and gasohol. If, in any month, the

6 tax on sales tax holiday items, as defined in Section 2-8, is

7 imposed at the rate of 1.25%, then the Department shall pay 80%

8 of the net revenue realized for that month from the 1.25% rate

9 on the selling price of sales tax holiday items into the Local

10 Government Tax Fund.

11  Beginning October 1, 2009, each month the Department shall

12 pay into the Capital Projects Fund an amount that is equal to

13 an amount estimated by the Department to represent 80% of the

14 net revenue realized for the preceding month from the sale of

15 candy, grooming and hygiene products, and soft drinks that had

16 been taxed at a rate of 1% prior to September 1, 2009 but that

17 are now taxed at 6.25%.

18  Beginning July 1, 2011, each month the Department shall

19 pay into the Clean Air Act Permit Fund 80% of the net revenue

20 realized for the preceding month from the 6.25% general rate

21 on the selling price of sorbents used in Illinois in the

22 process of sorbent injection as used to comply with the

23 Environmental Protection Act or the federal Clean Air Act, but

24 the total payment into the Clean Air Act Permit Fund under this

25 Act and the Use Tax Act shall not exceed $2,000,000 in any

26 fiscal year.
    SB3019 Enrolled        - 1217 - LRB104 20255 HLH 33706 b

1   Beginning July 1, 2013, each month the Department shall

2 pay into the Underground Storage Tank Fund from the proceeds

3 collected under this Act, the Use Tax Act, the Service Use Tax

4 Act, and the Service Occupation Tax Act an amount equal to the

5 average monthly deficit in the Underground Storage Tank Fund

6 during the prior year, as certified annually by the Illinois

7 Environmental Protection Agency, but the total payment into

8 the Underground Storage Tank Fund under this Act, the Use Tax

9 Act, the Service Use Tax Act, and the Service Occupation Tax

10 Act shall not exceed $18,000,000 in any State fiscal year. As

11 used in this paragraph, the "average monthly deficit" shall be

12 equal to the difference between the average monthly claims for

13 payment by the fund and the average monthly revenues deposited

14 into the fund, excluding payments made pursuant to this

15 paragraph.

16  Beginning July 1, 2015, of the remainder of the moneys

17 received by the Department under the Use Tax Act, the Service

18 Use Tax Act, the Service Occupation Tax Act, and this Act, each

19 month the Department shall deposit $500,000 into the State

20 Crime Laboratory Fund.

21  Of the remainder of the moneys received by the Department

22 pursuant to this Act, (a) 1.75% thereof shall be paid into the

23 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

24 and after July 1, 1989, 3.8% thereof shall be paid into the

25 Build Illinois Fund; provided, however, that if in any fiscal

26 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
    SB3019 Enrolled  - 1218 - LRB104 20255 HLH 33706 b

1 may be, of the moneys received by the Department and required

2 to be paid into the Build Illinois Fund pursuant to this Act,

3 Section 9 of the Use Tax Act, Section 9 of the Service Use Tax

4 Act, and Section 9 of the Service Occupation Tax Act, such Acts

5 being hereinafter called the "Tax Acts" and such aggregate of

6 2.2% or 3.8%, as the case may be, of moneys being hereinafter

7 called the "Tax Act Amount", and (2) the amount transferred to

8 the Build Illinois Fund from the State and Local Sales Tax

9 Reform Fund shall be less than the Annual Specified Amount (as

10 hereinafter defined), an amount equal to the difference shall

11 be immediately paid into the Build Illinois Fund from other

12 moneys received by the Department pursuant to the Tax Acts;

13 the "Annual Specified Amount" means the amounts specified

14 below for fiscal years 1986 through 1993:

15  Fiscal Year      Annual Specified Amount

16  1986                                      $54,800,000

17  1987                                      $76,650,000

18  1988                                      $80,480,000

19  1989                                      $88,510,000

20  1990             $115,330,000

21  1991             $145,470,000

22  1992             $182,730,000

23  1993             $206,520,000;

24 and means the Certified Annual Debt Service Requirement (as

25 defined in Section 13 of the Build Illinois Bond Act) or the

26 Tax Act Amount, whichever is greater, for fiscal year 1994 and
SB3019 Enrolled  - 1219 - LRB104 20255 HLH 33706 b

 1 each fiscal year thereafter; and further provided, that if on
 2 the last business day of any month the sum of (1) the Tax Act
 3 Amount required to be deposited into the Build Illinois Bond
 4 Account in the Build Illinois Fund during such month and (2)
 5 the amount transferred to the Build Illinois Fund from the
 6 State and Local Sales Tax Reform Fund shall have been less than
 7 1/12 of the Annual Specified Amount, an amount equal to the
 8 difference shall be immediately paid into the Build Illinois
 9 Fund from other moneys received by the Department pursuant to
10 the Tax Acts; and, further provided, that in no event shall the
11 payments required under the preceding proviso result in
12 aggregate payments into the Build Illinois Fund pursuant to
13 this clause (b) for any fiscal year in excess of the greater of
14 (i) the Tax Act Amount or (ii) the Annual Specified Amount for
15 such fiscal year. The amounts payable into the Build Illinois
16 Fund under clause (b) of the first sentence in this paragraph
17 shall be payable only until such time as the aggregate amount
18 on deposit under each trust indenture securing Bonds issued
19 and outstanding pursuant to the Build Illinois Bond Act is
20 sufficient, taking into account any future investment income,
21 to fully provide, in accordance with such indenture, for the
22 defeasance of or the payment of the principal of, premium, if
23 any, and interest on the Bonds secured by such indenture and on
24 any Bonds expected to be issued thereafter and all fees and
25 costs payable with respect thereto, all as certified by the
26 Director of the Bureau of the Budget (now Governor's Office of
    SB3019 Enrolled    - 1220 - LRB104 20255 HLH 33706 b

1 Management and Budget). If on the last business day of any

2 month in which Bonds are outstanding pursuant to the Build

3 Illinois Bond Act, the aggregate of moneys deposited into in

4 the Build Illinois Bond Account in the Build Illinois Fund in

5 such month shall be less than the amount required to be

6 transferred in such month from the Build Illinois Bond Account

7 to the Build Illinois Bond Retirement and Interest Fund

8 pursuant to Section 13 of the Build Illinois Bond Act, an

9 amount equal to such deficiency shall be immediately paid from

10 other moneys received by the Department pursuant to the Tax

11 Acts to the Build Illinois Fund; provided, however, that any

12 amounts paid to the Build Illinois Fund in any fiscal year

13 pursuant to this sentence shall be deemed to constitute

14 payments pursuant to clause (b) of the first sentence of this

15 paragraph and shall reduce the amount otherwise payable for

16 such fiscal year pursuant to that clause (b). The moneys

17 received by the Department pursuant to this Act and required

18 to be deposited into the Build Illinois Fund are subject to the

19 pledge, claim and charge set forth in Section 12 of the Build

20 Illinois Bond Act.

21  Subject to payment of amounts into the Build Illinois Fund

22 as provided in the preceding paragraph or in any amendment

23 thereto hereafter enacted, the following specified monthly

24 installment of the amount requested in the certificate of the

25 Chairman of the Metropolitan Pier and Exposition Authority

26 provided under Section 8.25f of the State Finance Act, but not
    SB3019 Enrolled        - 1221 - LRB104 20255 HLH 33706 b

1 in excess of sums designated as "Total Deposit", shall be

2 deposited in the aggregate from collections under Section 9 of

3 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

4 9 of the Service Occupation Tax Act, and Section 3 of the

5 Retailers' Occupation Tax Act into the McCormick Place

6 Expansion Project Fund in the specified fiscal years.

7   Fiscal Year            Total Deposit

8                    1993                                $0

9                    1994  53,000,000

10                   1995  58,000,000

11                   1996  61,000,000

12                   1997  64,000,000

13                   1998  68,000,000

14                   1999  71,000,000

15                   2000  75,000,000

16                   2001  80,000,000

17                   2002  93,000,000

18                   2003  99,000,000

19                   2004  103,000,000

20                   2005  108,000,000

21                   2006  113,000,000

22                   2007  119,000,000

23                   2008  126,000,000

24                   2009  132,000,000

25                   2010  139,000,000

26                   2011  146,000,000
    SB3019 Enrolled        - 1222 - LRB104 20255 HLH 33706 b

1                    2012                                            153,000,000
                                                                     161,000,000
2                    2013                                            170,000,000
                                                                     179,000,000
3                    2014                                            189,000,000
                                                                     199,000,000
4                    2015                                            210,000,000
                                                                     221,000,000
5                    2016                                            233,000,000
                                                                     300,000,000
6                    2017                                            300,000,000
                                                                     300,000,000
7                    2018                                            300,000,000
                                                                     300,000,000
8                    2019                                            300,000,000
                                                                     375,000,000
9                    2020                                            375,000,000
                                                                     375,000,000
10                   2021                                            375,000,000
                                                                     375,000,000
11                   2022                                            375,000,000
                                                                     375,000,000
12                   2023                                            375,000,000
                                                                     375,000,000
13                   2024                                            450,000,000

14                   2025

15                   2026

16                   2027

17                   2028

18                   2029

19                   2030

20                   2031

21                   2032

22                   2033

23                   2034

24                   2035

25                   2036

26                   and
    SB3019 Enrolled   - 1223 - LRB104 20255 HLH 33706 b

1   each fiscal year

2   thereafter that bonds

3   are outstanding under

4   Section 13.2 of the

5   Metropolitan Pier and

6   Exposition Authority Act,

7   but not after fiscal year 2060.

8   Beginning July 20, 1993 and in each month of each fiscal

9 year thereafter, one-eighth of the amount requested in the

10 certificate of the Chairman of the Metropolitan Pier and

11 Exposition Authority for that fiscal year, less the amount

12 deposited into the McCormick Place Expansion Project Fund by

13 the State Treasurer in the respective month under subsection

14 (g) of Section 13 of the Metropolitan Pier and Exposition

15 Authority Act, plus cumulative deficiencies in the deposits

16 required under this Section for previous months and years,

17 shall be deposited into the McCormick Place Expansion Project

18 Fund, until the full amount requested for the fiscal year, but

19 not in excess of the amount specified above as "Total

20 Deposit", has been deposited.

21  Subject to payment of amounts into the Capital Projects

22 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

23 and the McCormick Place Expansion Project Fund pursuant to the

24 preceding paragraphs or in any amendments thereto hereafter

25 enacted, for aviation fuel sold on or after December 1, 2019,

26 the Department shall each month deposit into the Aviation Fuel
    SB3019 Enrolled      - 1224 - LRB104 20255 HLH 33706 b

1 Sales Tax Refund Fund an amount estimated by the Department to

2 be required for refunds of the 80% portion of the tax on

3 aviation fuel under this Act. The Department shall only

4 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

5 under this paragraph for so long as the revenue use

6 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

7 binding on the State.

8   Subject to payment of amounts into the Build Illinois Fund

9 and the McCormick Place Expansion Project Fund pursuant to the

10 preceding paragraphs or in any amendments thereto hereafter

11 enacted, beginning July 1, 1993 and ending on September 30,

12 2013, the Department shall each month pay into the Illinois

13 Tax Increment Fund 0.27% of 80% of the net revenue realized for

14 the preceding month from the 6.25% general rate on the selling

15 price of tangible personal property.

16  Subject to payment of amounts into the Build Illinois

17 Fund, the McCormick Place Expansion Project Fund, and the

18 Illinois Tax Increment Fund pursuant to the preceding

19 paragraphs or in any amendments to this Section hereafter

20 enacted, beginning on the first day of the first calendar

21 month to occur on or after August 26, 2014 (the effective date

22 of Public Act 98-1098), each month, from the collections made

23 under Section 9 of the Use Tax Act, Section 9 of the Service

24 Use Tax Act, Section 9 of the Service Occupation Tax Act, and

25 Section 3 of the Retailers' Occupation Tax Act, the Department

26 shall pay into the Tax Compliance and Administration Fund, to
    SB3019 Enrolled  - 1225 - LRB104 20255 HLH 33706 b

1 be used, subject to appropriation, to fund additional auditors

2 and compliance personnel at the Department of Revenue, an

3 amount equal to 1/12 of 5% of 80% of the cash receipts

4 collected during the preceding fiscal year by the Audit Bureau

5 of the Department under the Use Tax Act, the Service Use Tax

6 Act, the Service Occupation Tax Act, the Retailers' Occupation

7 Tax Act, and associated local occupation and use taxes

8 administered by the Department.

9   Subject to payments of amounts into the Build Illinois

10 Fund, the McCormick Place Expansion Project Fund, the Illinois

11 Tax Increment Fund, the Energy Infrastructure Fund, and the

12 Tax Compliance and Administration Fund as provided in this

13 Section, beginning on July 1, 2018 the Department shall pay

14 each month into the Downstate Public Transportation Fund the

15 moneys required to be so paid under Section 2-3 of the

16 Downstate Public Transportation Act.

17  Subject to successful execution and delivery of a

18 public-private agreement between the public agency and private

19 entity and completion of the civic build, beginning on July 1,

20 2023, of the remainder of the moneys received by the

21 Department under the Use Tax Act, the Service Use Tax Act, the

22 Service Occupation Tax Act, and this Act, the Department shall

23 deposit the following specified deposits in the aggregate from

24 collections under the Use Tax Act, the Service Use Tax Act, the

25 Service Occupation Tax Act, and the Retailers' Occupation Tax

26 Act, as required under Section 8.25g of the State Finance Act
    SB3019 Enrolled  - 1226 - LRB104 20255 HLH 33706 b

1 for distribution consistent with the Public-Private

2 Partnership for Civic and Transit Infrastructure Project Act.

3 The moneys received by the Department pursuant to this Act and

4 required to be deposited into the Civic and Transit

5 Infrastructure Fund are subject to the pledge, claim and

6 charge set forth in Section 25-55 of the Public-Private

7 Partnership for Civic and Transit Infrastructure Project Act.

8 As used in this paragraph, "civic build", "private entity",

9 "public-private agreement", and "public agency" have the

10 meanings provided in Section 25-10 of the Public-Private

11 Partnership for Civic and Transit Infrastructure Project Act.

12  Fiscal Year ............................ Total Deposit

13  2024 .................................... $200,000,000

14  2025 .................................... $206,000,000

15  2026 .................................... $212,200,000

16  2027 .................................... $218,500,000

17  2028 .................................... $225,100,000

18  2029 .................................... $288,700,000

19  2030 .................................... $298,900,000

20  2031 .................................... $309,300,000

21  2032 .................................... $320,100,000

22  2033 .................................... $331,200,000

23  2034 .................................... $341,200,000

24  2035 .................................... $351,400,000

25  2036 .................................... $361,900,000

26  2037 .................................... $372,800,000
   SB3019 Enrolled  - 1227 - LRB104 20255 HLH 33706 b

1  2038 .................................... $384,000,000

2  2039 .................................... $395,500,000

3  2040 .................................... $407,400,000

4  2041 .................................... $419,600,000

5  2042 .................................... $432,200,000

6  2043 .................................... $445,100,000

7  Beginning July 1, 2021 and until July 1, 2022, subject to

8 the payment of amounts into the County and Mass Transit

9 District Fund, the Local Government Tax Fund, the Build

10 Illinois Fund, the McCormick Place Expansion Project Fund, the

11 Illinois Tax Increment Fund, and the Tax Compliance and

12 Administration Fund as provided in this Section, the

13 Department shall pay each month into the Road Fund the amount

14 estimated to represent 16% of the net revenue realized from

15 the taxes imposed on motor fuel and gasohol. Beginning July 1,

16 2022 and until July 1, 2023, subject to the payment of amounts

17 into the County and Mass Transit District Fund, the Local

18 Government Tax Fund, the Build Illinois Fund, the McCormick

19 Place Expansion Project Fund, the Illinois Tax Increment Fund,

20 and the Tax Compliance and Administration Fund as provided in

21 this Section, the Department shall pay each month into the

22 Road Fund the amount estimated to represent 32% of the net

23 revenue realized from the taxes imposed on motor fuel and

24 gasohol. Beginning July 1, 2023 and until July 1, 2024,

25 subject to the payment of amounts into the County and Mass

26 Transit District Fund, the Local Government Tax Fund, the
SB3019 Enrolled  - 1228 - LRB104 20255 HLH 33706 b

 1 Build Illinois Fund, the McCormick Place Expansion Project
 2 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
 3 and Administration Fund as provided in this Section, the
 4 Department shall pay each month into the Road Fund the amount
 5 estimated to represent 48% of the net revenue realized from
 6 the taxes imposed on motor fuel and gasohol. Beginning July 1,
 7 2024 and until July 1, 2026, subject to the payment of amounts
 8 into the County and Mass Transit District Fund, the Local
 9 Government Tax Fund, the Build Illinois Fund, the McCormick
10 Place Expansion Project Fund, the Illinois Tax Increment Fund,
11 and the Tax Compliance and Administration Fund as provided in
12 this Section, the Department shall pay each month into the
13 Road Fund the amount estimated to represent 64% of the net
14 revenue realized from the taxes imposed on motor fuel and
15 gasohol. Beginning on July 1, 2026, subject to the payment of
16 amounts into the County and Mass Transit District Fund, the
17 Local Government Tax Fund, the Build Illinois Fund, the
18 McCormick Place Expansion Project Fund, the Illinois Tax
19 Increment Fund, and the Tax Compliance and Administration Fund
20 as provided in this Section, the Department shall pay each
21 month into the Road Fund the amount estimated to represent 80%
22 of the net revenue realized from the taxes imposed on motor
23 fuel and gasohol. As used in this paragraph "motor fuel" has
24 the meaning given to that term in Section 1.1 of the Motor Fuel
25 Tax Law, and "gasohol" has the meaning given to that term in
26 Section 3-40 of the Use Tax Act.
    SB3019 Enrolled  - 1229 - LRB104 20255 HLH 33706 b

1   Until July 1, 2025, of the remainder of the moneys

2 received by the Department pursuant to this Act, 75% thereof

3 shall be paid into the State treasury and 25% shall be reserved

4 in a special account and used only for the transfer to the

5 Common School Fund as part of the monthly transfer from the

6 General Revenue Fund in accordance with Section 8a of the

7 State Finance Act. Beginning July 1, 2025, of the remainder of

8 the moneys received by the Department pursuant to this Act,

9 75% shall be deposited into the General Revenue Fund and 25%

10 shall be deposited into the Common School Fund.

11  The Department may, upon separate written notice to a

12 taxpayer, require the taxpayer to prepare and file with the

13 Department on a form prescribed by the Department within not

14 less than 60 days after receipt of the notice an annual

15 information return for the tax year specified in the notice.

16 Such annual return to the Department shall include a statement

17 of gross receipts as shown by the retailer's last federal

18 income tax return. If the total receipts of the business as

19 reported in the federal income tax return do not agree with the

20 gross receipts reported to the Department of Revenue for the

21 same period, the retailer shall attach to his annual return a

22 schedule showing a reconciliation of the 2 amounts and the

23 reasons for the difference. The retailer's annual return to

24 the Department shall also disclose the cost of goods sold by

25 the retailer during the year covered by such return, opening

26 and closing inventories of such goods for such year, costs of
    SB3019 Enrolled  - 1230 - LRB104 20255 HLH 33706 b

1 goods used from stock or taken from stock and given away by the

2 retailer during such year, payroll information of the

3 retailer's business during such year and any additional

4 reasonable information which the Department deems would be

5 helpful in determining the accuracy of the monthly, quarterly,

6 or annual returns filed by such retailer as provided for in

7 this Section.

8   If the annual information return required by this Section

9 is not filed when and as required, the taxpayer shall be liable

10 as follows:

11  (i) Until January 1, 1994, the taxpayer shall be

12  liable for a penalty equal to 1/6 of 1% of the tax due from

13  such taxpayer under this Act during the period to be

14  covered by the annual return for each month or fraction of

15  a month until such return is filed as required, the

16  penalty to be assessed and collected in the same manner as

17  any other penalty provided for in this Act.

18  (ii) On and after January 1, 1994, the taxpayer shall

19  be liable for a penalty as described in Section 3-4 of the

20  Uniform Penalty and Interest Act.

21  The chief executive officer, proprietor, owner, or highest

22 ranking manager shall sign the annual return to certify the

23 accuracy of the information contained therein. Any person who

24 willfully signs the annual return containing false or

25 inaccurate information shall be guilty of perjury and punished

26 accordingly. The annual return form prescribed by the
    SB3019 Enrolled           - 1231 - LRB104 20255 HLH 33706 b

1 Department shall include a warning that the person signing the

2 return may be liable for perjury.

3   The provisions of this Section concerning the filing of an

4 annual information return do not apply to a retailer who is not

5 required to file an income tax return with the United States

6 Government.

7   As soon as possible after the first day of each month, upon

8 certification of the Department of Revenue, the Comptroller

9 shall order transferred and the Treasurer shall transfer from

10 the General Revenue Fund to the Motor Fuel Tax Fund an amount

11 equal to 1.7% of 80% of the net revenue realized under this Act

12 for the second preceding month. Beginning April 1, 2000, this

13 transfer is no longer required and shall not be made.

14  Net revenue realized for a month shall be the revenue

15 collected by the State pursuant to this Act, less the amount

16 paid out during that month as refunds to taxpayers for

17 overpayment of liability.

18  For greater simplicity of administration, manufacturers,

19 importers and wholesalers whose products are sold at retail in

20 Illinois by numerous retailers, and who wish to do so, may

21 assume the responsibility for accounting and paying to the

22 Department all tax accruing under this Act with respect to

23 such sales, if the retailers who are affected do not make

24 written objection to the Department to this arrangement.

25  Any person who promotes, organizes, or provides retail

26 selling space for concessionaires or other types of sellers at
    SB3019 Enrolled          - 1232 - LRB104 20255 HLH 33706 b

1 the Illinois State Fair, DuQuoin State Fair, county fairs,

2 local fairs, art shows, flea markets, and similar exhibitions

3 or events, including any transient merchant as defined by

4 Section 2 of the Transient Merchant Act of 1987, is required to

5 file a report with the Department providing the name of the

6 merchant's business, the name of the person or persons engaged

7 in merchant's business, the permanent address and Illinois

8 Retailers Occupation Tax Registration Number of the merchant,

9 the dates and location of the event, and other reasonable

10 information that the Department may require. The report must

11 be filed not later than the 20th day of the month next

12 following the month during which the event with retail sales

13 was held. Any person who fails to file a report required by

14 this Section commits a business offense and is subject to a

15 fine not to exceed $250.

16  Any person engaged in the business of selling tangible

17 personal property at retail as a concessionaire or other type

18 of seller at the Illinois State Fair, county fairs, art shows,

19 flea markets, and similar exhibitions or events, or any

20 transient merchants, as defined by Section 2 of the Transient

21 Merchant Act of 1987, may be required to make a daily report of

22 the amount of such sales to the Department and to make a daily

23 payment of the full amount of tax due. The Department shall

24 impose this requirement when it finds that there is a

25 significant risk of loss of revenue to the State at such an

26 exhibition or event. Such a finding shall be based on evidence
    SB3019 Enrolled  - 1233 - LRB104 20255 HLH 33706 b

 1 that a substantial number of concessionaires or other sellers
 2 who are not residents of Illinois will be engaging in the
 3 business of selling tangible personal property at retail at
 4 the exhibition or event, or other evidence of a significant
 5 risk of loss of revenue to the State. The Department shall
 6 notify concessionaires and other sellers affected by the
 7 imposition of this requirement. In the absence of notification
 8 by the Department, the concessionaires and other sellers shall
 9 file their returns as otherwise required in this Section.
10 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
11 103-363, eff. 7-28-23; 103-592, Article 75, Section 75-20,
12 eff. 1-1-25; 103-592, Article 110, Section 110-20, eff.
13 6-7-24; 103-605, eff. 7-1-24; 103-1055, eff. 12-20-24; 104-6,
14 Article 5, Section 5-25, eff. 6-16-25; 104-6, Article 25,
15 Section 25-20, eff. 6-16-25; 104-6, Article 35, Section 35-35,
16 eff. 6-16-25; revised 1-12-26.)

17  (Text of Section after amendment by P.A. 104-457)

18  Sec. 3. Except as provided in this Section, on or before

19 the twentieth day of each calendar month, every person engaged

20 in the business of selling, which, on and after January 1,

21 2025, includes leasing, tangible personal property at retail

22 in this State during the preceding calendar month shall file a

23 return with the Department, stating:

24  1. The name of the seller;

25  2. His residence address and the address of his
    SB3019 Enrolled    - 1234 - LRB104 20255 HLH 33706 b

1   principal place of business and the address of the

2   principal place of business (if that is a different

3   address) from which he engages in the business of selling

4   tangible personal property at retail in this State;

5   3. Total amount of receipts received by him during the

6   preceding calendar month or quarter, as the case may be,

7   from sales of tangible personal property, and from

8   services furnished, by him during such preceding calendar

9   month or quarter;

10  4. Total amount received by him during the preceding

11  calendar month or quarter on charge and time sales of

12  tangible personal property, and from services furnished,

13  by him prior to the month or quarter for which the return

14  is filed;

15  5. Deductions allowed by law;

16  6. Gross receipts which were received by him during

17  the preceding calendar month or quarter and upon the basis

18  of which the tax is imposed, including gross receipts on

19  food for human consumption that is to be consumed off the

20  premises where it is sold (other than alcoholic beverages,

21  food consisting of or infused with adult use cannabis,

22  soft drinks, and food that has been prepared for immediate

23  consumption) which were received during the preceding

24  calendar month or quarter and upon which tax would have

25  been due but for the 0% rate imposed under Public Act

26  102-700;
    SB3019 Enrolled          - 1235 - LRB104 20255 HLH 33706 b

1   7. The amount of credit provided in Section 2d of this

2   Act;

3   8. The amount of tax due, including the amount of tax

4   that would have been due on food for human consumption

5   that is to be consumed off the premises where it is sold

6   (other than alcoholic beverages, food consisting of or

7   infused with adult use cannabis, soft drinks, and food

8   that has been prepared for immediate consumption) but for

9   the 0% rate imposed under Public Act 102-700;

10  9. The signature of the taxpayer; and

11  10. Such other reasonable information as the

12  Department may require.

13  In the case of leases, except as otherwise provided in

14 this Act, the lessor must remit for each tax return period only

15 the tax applicable to that part of the selling price actually

16 received during such tax return period.

17  On and after January 1, 2018, except for returns required

18 to be filed prior to January 1, 2023 for motor vehicles,

19 watercraft, aircraft, and trailers that are required to be

20 registered with an agency of this State, with respect to

21 retailers whose annual gross receipts average $20,000 or more,

22 all returns required to be filed pursuant to this Act shall be

23 filed electronically. On and after January 1, 2023, with

24 respect to retailers whose annual gross receipts average

25 $20,000 or more, all returns required to be filed pursuant to

26 this Act, including, but not limited to, returns for motor
    SB3019 Enrolled  - 1236 - LRB104 20255 HLH 33706 b

1 vehicles, watercraft, aircraft, and trailers that are required

2 to be registered with an agency of this State, shall be filed

3 electronically. Retailers who demonstrate that they do not

4 have access to the Internet or demonstrate hardship in filing

5 electronically may petition the Department to waive the

6 electronic filing requirement.

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 be

10 due on the return shall be deemed assessed.

11  Each return shall be accompanied by the statement of

12 prepaid tax issued pursuant to Section 2e for which credit is

13 claimed.

14  Prior to October 1, 2003 and on and after September 1,

15 2004, a retailer may accept a Manufacturer's Purchase Credit

16 certification from a purchaser in satisfaction of Use Tax as

17 provided in Section 3-85 of the Use Tax Act if the purchaser

18 provides the appropriate documentation as required by Section

19 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

20 certification, accepted by a retailer prior to October 1, 2003

21 and on and after September 1, 2004 as provided in Section 3-85

22 of the Use Tax Act, may be used by that retailer to satisfy

23 Retailers' Occupation Tax liability in the amount claimed in

24 the certification, not to exceed 6.25% of the receipts subject

25 to tax from a qualifying purchase. A Manufacturer's Purchase

26 Credit reported on any original or amended return filed under
   SB3019 Enrolled  - 1237 - LRB104 20255 HLH 33706 b

1 this Act after October 20, 2003 for reporting periods prior to

2 September 1, 2004 shall be disallowed. Manufacturer's Purchase

3 Credit reported on annual returns due on or after January 1,

4 2005 will be disallowed for periods prior to September 1,

5 2004. No Manufacturer's Purchase Credit may be used after

6 September 30, 2003 through August 31, 2004 to satisfy any tax

7 liability imposed under this Act, including any audit

8 liability.

9  Beginning on July 1, 2023 and through December 31, 2032, a

10 retailer may accept a Sustainable Aviation Fuel Purchase

11 Credit certification from an air common carrier-purchaser in

12 satisfaction of Use Tax on aviation fuel as provided in

13 Section 3-87 of the Use Tax Act if the purchaser provides the

14 appropriate documentation as required by Section 3-87 of the

15 Use Tax Act. A Sustainable Aviation Fuel Purchase Credit

16 certification accepted by a retailer in accordance with this

17 paragraph may be used by that retailer to satisfy Retailers'

18 Occupation Tax liability (but not in satisfaction of penalty

19 or interest) in the amount claimed in the certification, not

20 to exceed 6.25% of the receipts subject to tax from a sale of

21 aviation fuel. In addition, for a sale of aviation fuel to

22 qualify to earn the Sustainable Aviation Fuel Purchase Credit,

23 retailers must retain in their books and records a

24 certification from the producer of the aviation fuel that the

25 aviation fuel sold by the retailer and for which a sustainable

26 aviation fuel purchase credit was earned meets the definition
    SB3019 Enrolled    - 1238 - LRB104 20255 HLH 33706 b

1 of sustainable aviation fuel under Section 3-87 of the Use Tax

2 Act. The documentation must include detail sufficient for the

3 Department to determine the number of gallons of sustainable

4 aviation fuel sold.

5   The Department may require returns to be filed on a

6 quarterly basis. If so required, a return for each calendar

7 quarter shall be filed on or before the twentieth day of the

8 calendar month following the end of such calendar quarter. The

9 taxpayer shall also file a return with the Department for each

10 of the first 2 months of each calendar quarter, on or before

11 the twentieth day of the following calendar month, stating:

12  1. The name of the seller;

13  2. The address of the principal place of business from

14  which he engages in the business of selling tangible

15  personal property at retail in this State;

16  3. The total amount of taxable receipts received by

17  him during the preceding calendar month from sales of

18  tangible personal property by him during such preceding

19  calendar month, including receipts from charge and time

20  sales, but less all deductions allowed by law;

21  4. The amount of credit provided in Section 2d of this

22  Act;

23  5. The amount of tax due; and

24  6. Such other reasonable information as the Department

25  may require.

26  Every person engaged in the business of selling aviation
    SB3019 Enrolled  - 1239 - LRB104 20255 HLH 33706 b

1 fuel at retail in this State during the preceding calendar

2 month shall, instead of reporting and paying tax as otherwise

3 required by this Section, report and pay such tax on a separate

4 aviation fuel tax return. The requirements related to the

5 return shall be as otherwise provided in this Section.

6 Notwithstanding any other provisions of this Act to the

7 contrary, retailers selling aviation fuel shall file all

8 aviation fuel tax returns and shall make all aviation fuel tax

9 payments by electronic means in the manner and form required

10 by the Department. For purposes of this Section, "aviation

11 fuel" means jet fuel and aviation gasoline.

12  Beginning on October 1, 2003, any person who is not a

13 licensed distributor, importing distributor, or manufacturer,

14 as defined in the Liquor Control Act of 1934, but is engaged in

15 the business of selling, at retail, alcoholic liquor shall

16 file a statement with the Department of Revenue, in a format

17 and at a time prescribed by the Department, showing the total

18 amount paid for alcoholic liquor purchased during the

19 preceding month and such other information as is reasonably

20 required by the Department. The Department may adopt rules to

21 require that this statement be filed in an electronic or

22 telephonic format. Such rules may provide for exceptions from

23 the filing requirements of this paragraph. For the purposes of

24 this paragraph, the term "alcoholic liquor" shall have the

25 meaning prescribed in the Liquor Control Act of 1934.

26  Beginning on October 1, 2003, every distributor, importing
SB3019 Enrolled  - 1240 - LRB104 20255 HLH 33706 b

 1 distributor, and manufacturer of alcoholic liquor as defined
 2 in the Liquor Control Act of 1934, shall file a statement with
 3 the Department of Revenue, no later than the 10th day of the
 4 month for the preceding month during which transactions
 5 occurred, by electronic means, showing the total amount of
 6 gross receipts from the sale of alcoholic liquor sold or
 7 distributed during the preceding month to purchasers;
 8 identifying the purchaser to whom it was sold or distributed;
 9 the purchaser's tax registration number; and such other
10 information reasonably required by the Department. A
11 distributor, importing distributor, or manufacturer of
12 alcoholic liquor must personally deliver, mail, or provide by
13 electronic means to each retailer listed on the monthly
14 statement a report containing a cumulative total of that
15 distributor's, importing distributor's, or manufacturer's
16 total sales of alcoholic liquor to that retailer no later than
17 the 10th day of the month for the preceding month during which
18 the transaction occurred. The distributor, importing
19 distributor, or manufacturer shall notify the retailer as to
20 the method by which the distributor, importing distributor, or
21 manufacturer will provide the sales information. If the
22 retailer is unable to receive the sales information by
23 electronic means, the distributor, importing distributor, or
24 manufacturer shall furnish the sales information by personal
25 delivery or by mail. For purposes of this paragraph, the term
26 "electronic means" includes, but is not limited to, the use of
    SB3019 Enrolled  - 1241 - LRB104 20255 HLH 33706 b

1 a secure Internet website, e-mail, or facsimile.

2   If a total amount of less than $1 is payable, refundable or

3 creditable, such amount shall be disregarded if it is less

4 than 50 cents and shall be increased to $1 if it is 50 cents or

5 more.

6   Notwithstanding any other provision of this Act to the

7 contrary, retailers subject to tax on cannabis shall file all

8 cannabis tax returns and shall make all cannabis tax payments

9 by electronic means in the manner and form required by the

10 Department.

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 has

15 an average monthly tax liability of $100,000 or more shall

16 make all payments required by rules of the Department by

17 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 or

22 more shall make all payments required by rules of the

23 Department by electronic funds transfer. The term "annual tax

24 liability" shall be the sum of the taxpayer's liabilities

25 under this Act, and under all other State and local occupation

26 and use tax laws administered by the Department, for the
    SB3019 Enrolled  - 1242 - LRB104 20255 HLH 33706 b

1 immediately preceding calendar year. The term "average monthly

2 tax liability" shall be the sum of the taxpayer's liabilities

3 under this Act, and under all other State and local occupation

4 and use tax laws administered by the Department, for the

5 immediately preceding calendar year divided by 12. Beginning

6 on October 1, 2002, a taxpayer who has a tax liability in the

7 amount set forth in subsection (b) of Section 2505-210 of the

8 Department of Revenue Law shall make all payments required by

9 rules of the Department by electronic funds transfer.

10  Before August 1 of each year beginning in 1993, the

11 Department shall notify all taxpayers required to make

12 payments by electronic funds transfer. All taxpayers required

13 to make payments by electronic funds transfer shall make those

14 payments for a minimum of one year beginning on October 1.

15  Any taxpayer not required to make payments by electronic

16 funds transfer may make payments by electronic funds transfer

17 with the permission of the Department.

18  All taxpayers required to make payment by electronic funds

19 transfer and any taxpayers authorized to voluntarily make

20 payments by electronic funds transfer shall make those

21 payments in the manner authorized by the Department.

22  The Department shall adopt such rules as are necessary to

23 effectuate a program of electronic funds transfer and the

24 requirements of this Section.

25  Any amount which is required to be shown or reported on any

26 return or other document under this Act shall, if such amount
    SB3019 Enrolled        - 1243 - LRB104 20255 HLH 33706 b

1 is not a whole-dollar amount, be increased to the nearest

2 whole-dollar amount in any case where the fractional part of a

3 dollar is 50 cents or more, and decreased to the nearest

4 whole-dollar amount where the fractional part of a dollar is

5 less than 50 cents.

6   If the retailer is otherwise required to file a monthly

7 return and if the retailer's average monthly tax liability to

8 the Department does not exceed $200, the Department may

9 authorize his returns to be filed on a quarter annual basis,

10 with the return for January, February, and March of a given

11 year being due by April 20 of such year; with the return for

12 April, May, and June of a given year being due by July 20 of

13 such year; with the return for July, August, and September of a

14 given year being due by October 20 of such year, and with the

15 return for October, November, and December of a given year

16 being due by January 20 of the following year.

17  If the retailer is otherwise required to file a monthly or

18 quarterly return and if the retailer's average monthly tax

19 liability with the Department does not exceed $50, the

20 Department may authorize his returns to be filed on an annual

21 basis, with the return for a given year being due by January 20

22 of the following year.

23  Such quarter annual and annual returns, as to form and

24 substance, shall be subject to the same requirements as

25 monthly returns.

26  Notwithstanding any other provision in this Act concerning
    SB3019 Enrolled      - 1244 - LRB104 20255 HLH 33706 b

1 the time within which a retailer may file his return, in the

2 case of any retailer who ceases to engage in a kind of business

3 which makes him responsible for filing returns under this Act,

4 such retailer shall file a final return under this Act with the

5 Department not more than one month after discontinuing such

6 business.

7   Where the same person has more than one business

8 registered with the Department under separate registrations

9 under this Act, such person may not file each return that is

10 due as a single return covering all such registered

11 businesses, but shall file separate returns for each such

12 registered business.

13  In addition, with respect to motor vehicles, watercraft,

14 aircraft, and trailers that are required to be registered with

15 an agency of this State, except as otherwise provided in this

16 Section, every retailer selling this kind of tangible personal

17 property shall file, with the Department, upon a form to be

18 prescribed and supplied by the Department, a separate return

19 for each such item of tangible personal property which the

20 retailer sells, except that if, in the same transaction, (i) a

21 retailer of aircraft, watercraft, motor vehicles, or trailers

22 transfers more than one aircraft, watercraft, motor vehicle,

23 or trailer to another aircraft, watercraft, motor vehicle

24 retailer, or trailer retailer for the purpose of resale or

25 (ii) a retailer of aircraft, watercraft, motor vehicles, or

26 trailers transfers more than one aircraft, watercraft, motor
    SB3019 Enrolled  - 1245 - LRB104 20255 HLH 33706 b

1 vehicle, or trailer to a purchaser for use as a qualifying

2 rolling stock as provided in Section 2-5 of this Act, then that

3 seller may report the transfer of all aircraft, watercraft,

4 motor vehicles, or trailers involved in that transaction to

5 the Department on the same uniform invoice-transaction

6 reporting return form. For purposes of this Section,

7 "watercraft" means a Class 2, Class 3, or Class 4 watercraft as

8 defined in Section 3-2 of the Boat Registration and Safety

9 Act, a personal watercraft, or any boat equipped with an

10 inboard motor.

11  In addition, with respect to motor vehicles, watercraft,

12 aircraft, and trailers that are required to be registered with

13 an agency of this State, every person who is engaged in the

14 business of leasing or renting such items and who, in

15 connection with such business, sells any such item to a

16 retailer for the purpose of resale is, notwithstanding any

17 other provision of this Section to the contrary, authorized to

18 meet the return-filing requirement of this Act by reporting

19 the transfer of all the aircraft, watercraft, motor vehicles,

20 or trailers transferred for resale during a month to the

21 Department on the same uniform invoice-transaction reporting

22 return form on or before the 20th of the month following the

23 month in which the transfer takes place. Notwithstanding any

24 other provision of this Act to the contrary, all returns filed

25 under this paragraph must be filed by electronic means in the

26 manner and form as required by the Department.
   SB3019 Enrolled  - 1246 - LRB104 20255 HLH 33706 b

1  Any retailer who sells only motor vehicles, watercraft,

2 aircraft, or trailers that are required to be registered with

3 an agency of this State, so that all retailers' occupation tax

4 liability is required to be reported, and is reported, on such

5 transaction reporting returns and who is not otherwise

6 required to file monthly or quarterly returns, need not file

7 monthly or quarterly returns. However, those retailers shall

8 be required to file returns on an annual basis.

9  The transaction reporting return, in the case of motor

10 vehicles or trailers that are required to be registered with

11 an agency of this State, shall be the same document as the

12 Uniform Invoice referred to in Section 5-402 of the Illinois

13 Vehicle Code and must show the name and address of the seller;

14 the name and address of the purchaser; the amount of the

15 selling price including the amount allowed by the retailer for

16 traded-in property, if any; the amount allowed by the retailer

17 for the traded-in tangible personal property, if any, to the

18 extent to which Section 1 of this Act allows an exemption for

19 the value of traded-in property; the balance payable after

20 deducting such trade-in allowance from the total selling

21 price; the amount of tax due from the retailer with respect to

22 such transaction; the amount of tax collected from the

23 purchaser by the retailer on such transaction (or satisfactory

24 evidence that such tax is not due in that particular instance,

25 if that is claimed to be the fact); the place and date of the

26 sale; a sufficient identification of the property sold; such
    SB3019 Enrolled  - 1247 - LRB104 20255 HLH 33706 b

1 other information as is required in Section 5-402 of the

2 Illinois Vehicle Code, and such other information as the

3 Department may reasonably require.

4   The transaction reporting return in the case of watercraft

5 or aircraft must show the name and address of the seller; the

6 name and address of the purchaser; the amount of the selling

7 price including the amount allowed by the retailer for

8 traded-in property, if any; the amount allowed by the retailer

9 for the traded-in tangible personal property, if any, to the

10 extent to which Section 1 of this Act allows an exemption for

11 the value of traded-in property; the balance payable after

12 deducting such trade-in allowance from the total selling

13 price; the amount of tax due from the retailer with respect to

14 such transaction; the amount of tax collected from the

15 purchaser by the retailer on such transaction (or satisfactory

16 evidence that such tax is not due in that particular instance,

17 if that is claimed to be the fact); the place and date of the

18 sale, a sufficient identification of the property sold, and

19 such other information as the Department may reasonably

20 require.

21  Such transaction reporting return shall be filed not later

22 than 20 days after the day of delivery of the item that is

23 being sold, but may be filed by the retailer at any time sooner

24 than that if he chooses to do so. The transaction reporting

25 return and tax remittance or proof of exemption from the

26 Illinois use tax may be transmitted to the Department by way of
    SB3019 Enrolled  - 1248 - LRB104 20255 HLH 33706 b

1 the State agency with which, or State officer with whom the

2 tangible personal property must be titled or registered (if

3 titling or registration is required) if the Department and

4 such agency or State officer determine that this procedure

5 will expedite the processing of applications for title or

6 registration.

7   With each such transaction reporting return, the retailer

8 shall remit the proper amount of tax due (or shall submit

9 satisfactory evidence that the sale is not taxable if that is

10 the case), to the Department or its agents, whereupon the

11 Department shall issue, in the purchaser's name, a use tax

12 receipt (or a certificate of exemption if the Department is

13 satisfied that the particular sale is tax-exempt) which such

14 purchaser may submit to the agency with which, or State

15 officer with whom, he must title or register the tangible

16 personal property that is involved (if titling or registration

17 is required) in support of such purchaser's application for an

18 Illinois certificate or other evidence of title or

19 registration to such tangible personal property.

20  No retailer's failure or refusal to remit tax under this

21 Act precludes a user, who has paid the proper tax to the

22 retailer, from obtaining his certificate of title or other

23 evidence of title or registration (if titling or registration

24 is required) upon satisfying the Department that such user has

25 paid the proper tax (if tax is due) to the retailer. The

26 Department shall adopt appropriate rules to carry out the
    SB3019 Enrolled           - 1249 - LRB104 20255 HLH 33706 b

1 mandate of this paragraph.

2   If the user who would otherwise pay tax to the retailer

3 wants the transaction reporting return filed and the payment

4 of the tax or proof of exemption made to the Department before

5 the retailer is willing to take these actions and such user has

6 not paid the tax to the retailer, such user may certify to the

7 fact of such delay by the retailer and may (upon the Department

8 being satisfied of the truth of such certification) transmit

9 the information required by the transaction reporting return

10 and the remittance for tax or proof of exemption directly to

11 the Department and obtain his tax receipt or exemption

12 determination, in which event the transaction reporting return

13 and tax remittance (if a tax payment was required) shall be

14 credited by the Department to the proper retailer's account

15 with the Department, but without the vendor's discount

16 provided for in this Section being allowed. When the user pays

17 the tax directly to the Department, he shall pay the tax in the

18 same amount and in the same form in which it would be remitted

19 if the tax had been remitted to the Department by the retailer.

20  On and after January 1, 2025, with respect to the lease of

21 trailers, other than semitrailers as defined in Section 1-187

22 of the Illinois Vehicle Code, that are required to be

23 registered with an agency of this State and that are subject to

24 the tax on lease receipts under this Act, notwithstanding any

25 other provision of this Act to the contrary, for the purpose of

26 reporting and paying tax under this Act on those lease
    SB3019 Enrolled  - 1250 - LRB104 20255 HLH 33706 b

1 receipts, lessors shall file returns in addition to and

2 separate from the transaction reporting return. Lessors shall

3 file those lease returns and make payment to the Department by

4 electronic means on or before the 20th day of each month

5 following the month, quarter, or year, as applicable, in which

6 lease receipts were received. All lease receipts received by

7 the lessor from the lease of those trailers during the same

8 reporting period shall be reported and tax shall be paid on a

9 single return form to be prescribed by the Department.

10  Refunds made by the seller during the preceding return

11 period to purchasers, on account of tangible personal property

12 returned to the seller, shall be allowed as a deduction under

13 subdivision 5 of his monthly or quarterly return, as the case

14 may be, in case the seller had theretofore included the

15 receipts from the sale of such tangible personal property in a

16 return filed by him and had paid the tax imposed by this Act

17 with respect to such receipts.

18  Where the seller is a corporation, the return filed on

19 behalf of such corporation shall be signed by the president,

20 vice-president, secretary, or treasurer or by the properly

21 accredited agent of such corporation.

22  Where the seller is a limited liability company, the

23 return filed on behalf of the limited liability company shall

24 be signed by a manager, member, or properly accredited agent

25 of the limited liability company.

26  Except as provided in this Section, the retailer filing
SB3019 Enrolled  - 1251 - LRB104 20255 HLH 33706 b

 1 the return under this Section shall, at the time of filing such
 2 return, pay to the Department the amount of tax imposed by this
 3 Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
 4 on and after January 1, 1990, or $5 per calendar year,
 5 whichever is greater, which is allowed to reimburse the
 6 retailer for the expenses incurred in keeping records,
 7 preparing and filing returns, remitting the tax and supplying
 8 data to the Department on request. A certified service
 9 provider, as defined in the Leveling the Playing Field for
10 Illinois Retail Act, filing the return under this Section on
11 behalf of a remote retailer or a retailer maintaining a place
12 of business in this State shall, at the time of such return,
13 pay to the Department the amount of tax imposed by this Act
14 less a discount of 1.75%. A remote retailer or a retailer
15 maintaining a place of business in this State using a
16 certified service provider to file a return on its behalf, as
17 provided in the Leveling the Playing Field for Illinois Retail
18 Act, is not eligible for the discount. Beginning with returns
19 due on or after January 1, 2025, the vendor's discount allowed
20 in this Section, the Service Occupation Tax Act, the Use Tax
21 Act, and the Service Use Tax Act, including any local tax
22 administered by the Department and reported on the same
23 return, shall not exceed $1,000 per month in the aggregate for
24 returns other than transaction returns filed during the month.
25 When determining the discount allowed under this Section,
26 retailers shall include the amount of tax that would have been
SB3019 Enrolled  - 1252 - LRB104 20255 HLH 33706 b

 1 due at the 1% rate but for the 0% rate imposed under Public Act
 2 102-700. When determining the discount allowed under this
 3 Section, retailers shall include the amount of tax that would
 4 have been due at the 6.25% rate but for the 1.25% rate imposed
 5 on sales tax holiday items under Public Act 102-700 and under
 6 this amendatory Act of the 104th General Assembly. The
 7 discount under this Section is not allowed for the 1.25%
 8 portion of taxes paid on aviation fuel that is subject to the
 9 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
10 47133. Any prepayment made pursuant to Section 2d of this Act
11 shall be included in the amount on which such discount is
12 computed. In the case of retailers who report and pay the tax
13 on a transaction by transaction basis, as provided in this
14 Section, such discount shall be taken with each such tax
15 remittance instead of when such retailer files his periodic
16 return, but, beginning with returns due on or after January 1,
17 2025, the vendor's discount allowed under this Section and the
18 Use Tax Act, including any local tax administered by the
19 Department and reported on the same transaction return, shall
20 not exceed $1,000 per month for all transaction returns filed
21 during the month. The discount allowed under this Section is
22 allowed only for returns that are filed in the manner required
23 by this Act. The Department may disallow the discount for
24 retailers whose certificate of registration is revoked at the
25 time the return is filed, but only if the Department's
26 decision to revoke the certificate of registration has become
   SB3019 Enrolled  - 1253 - LRB104 20255 HLH 33706 b

1 final.

2  Before October 1, 2000, if the taxpayer's average monthly

3 tax liability to the Department under this Act, the Use Tax

4 Act, the Service Occupation Tax Act, and the Service Use Tax

5 Act, excluding any liability for prepaid sales tax to be

6 remitted in accordance with Section 2d of this Act, was

7 $10,000 or more during the preceding 4 complete calendar

8 quarters, he shall file a return with the Department each

9 month by the 20th day of the month next following the month

10 during which such tax liability is incurred and shall make

11 payments to the Department on or before the 7th, 15th, 22nd and

12 last day of the month during which such liability is incurred.

13 On and after October 1, 2000, if the taxpayer's average

14 monthly tax liability to the Department under this Act, the

15 Use Tax Act, the Service Occupation Tax Act, and the Service

16 Use Tax Act, excluding any liability for prepaid sales tax to

17 be remitted in accordance with Section 2d of this Act, was

18 $20,000 or more during the preceding 4 complete calendar

19 quarters, he shall file a return with the Department each

20 month by the 20th day of the month next following the month

21 during which such tax liability is incurred and shall make

22 payment to the Department on or before the 7th, 15th, 22nd and

23 last day of the month during which such liability is incurred.

24 If the month during which such tax liability is incurred began

25 prior to January 1, 1985, each payment shall be in an amount

26 equal to 1/4 of the taxpayer's actual liability for the month
SB3019 Enrolled  - 1254 - LRB104 20255 HLH 33706 b

 1 or an amount set by the Department not to exceed 1/4 of the
 2 average monthly liability of the taxpayer to the Department
 3 for the preceding 4 complete calendar quarters (excluding the
 4 month of highest liability and the month of lowest liability
 5 in such 4 quarter period). If the month during which such tax
 6 liability is incurred begins on or after January 1, 1985 and
 7 prior to January 1, 1987, each payment shall be in an amount
 8 equal to 22.5% of the taxpayer's actual liability for the
 9 month or 27.5% of the taxpayer's liability for the same
10 calendar month of the preceding year. If the month during
11 which such tax liability is incurred begins on or after
12 January 1, 1987 and prior to January 1, 1988, each payment
13 shall be in an amount equal to 22.5% of the taxpayer's actual
14 liability for the month or 26.25% of the taxpayer's liability
15 for the same calendar month of the preceding year. If the month
16 during which such tax liability is incurred begins on or after
17 January 1, 1988, and prior to January 1, 1989, or begins on or
18 after January 1, 1996, each payment shall be in an amount equal
19 to 22.5% of the taxpayer's actual liability for the month or
20 25% of the taxpayer's liability for the same calendar month of
21 the preceding year. If the month during which such tax
22 liability is incurred begins on or after January 1, 1989, and
23 prior to January 1, 1996, each payment shall be in an amount
24 equal to 22.5% of the taxpayer's actual liability for the
25 month or 25% of the taxpayer's liability for the same calendar
26 month of the preceding year or 100% of the taxpayer's actual
SB3019 Enrolled  - 1255 - LRB104 20255 HLH 33706 b

 1 liability for the quarter monthly reporting period. The amount
 2 of such quarter monthly payments shall be credited against the
 3 final tax liability of the taxpayer's return for that month.
 4 Before October 1, 2000, once applicable, the requirement of
 5 the making of quarter monthly payments to the Department by
 6 taxpayers having an average monthly tax liability of $10,000
 7 or more as determined in the manner provided above shall
 8 continue until such taxpayer's average monthly liability to
 9 the Department during the preceding 4 complete calendar
10 quarters (excluding the month of highest liability and the
11 month of lowest liability) is less than $9,000, or until such
12 taxpayer's average monthly liability to the Department as
13 computed for each calendar quarter of the 4 preceding complete
14 calendar quarter period is less than $10,000. However, if a
15 taxpayer can show the Department that a substantial change in
16 the taxpayer's business has occurred which causes the taxpayer
17 to anticipate that his average monthly tax liability for the
18 reasonably foreseeable future will fall below the $10,000
19 threshold stated above, then such taxpayer may petition the
20 Department for a change in such taxpayer's reporting status.
21 On and after October 1, 2000, once applicable, the requirement
22 of the making of quarter monthly payments to the Department by
23 taxpayers having an average monthly tax liability of $20,000
24 or more as determined in the manner provided above shall
25 continue until such taxpayer's average monthly liability to
26 the Department during the preceding 4 complete calendar
SB3019 Enrolled  - 1256 - LRB104 20255 HLH 33706 b

 1 quarters (excluding the month of highest liability and the
 2 month of lowest liability) is less than $19,000 or until such
 3 taxpayer's average monthly liability to the Department as
 4 computed for each calendar quarter of the 4 preceding complete
 5 calendar quarter period is less than $20,000. However, if a
 6 taxpayer can show the Department that a substantial change in
 7 the taxpayer's business has occurred which causes the taxpayer
 8 to anticipate that his average monthly tax liability for the
 9 reasonably foreseeable future will fall below the $20,000
10 threshold stated above, then such taxpayer may petition the
11 Department for a change in such taxpayer's reporting status.
12 The Department shall change such taxpayer's reporting status
13 unless it finds that such change is seasonal in nature and not
14 likely to be long term. Quarter monthly payment status shall
15 be determined under this paragraph as if the rate reduction to
16 0% in Public Act 102-700 on food for human consumption that is
17 to be consumed off the premises where it is sold (other than
18 alcoholic beverages, food consisting of or infused with adult
19 use cannabis, soft drinks, and food that has been prepared for
20 immediate consumption) had not occurred. For quarter monthly
21 payments due under this paragraph on or after July 1, 2023 and
22 through June 30, 2024, "25% of the taxpayer's liability for
23 the same calendar month of the preceding year" shall be
24 determined as if the rate reduction to 0% in Public Act 102-700
25 had not occurred. Quarter monthly payment status shall be
26 determined under this paragraph as if the rate reduction to
    SB3019 Enrolled  - 1257 - LRB104 20255 HLH 33706 b

1 1.25% in Public Act 102-700 and in this amendatory Act of the

2 104th General Assembly on sales tax holiday items had not

3 occurred. For quarter monthly payments due on or after July 1,

4 2023 and through June 30, 2024, and on or after July 1, 2027

5 and through June 30, 2028, "25% of the taxpayer's liability

6 for the same calendar month of the preceding year" shall be

7 determined as if the rate reduction to 1.25% in Public Act

8 102-700 and in this amendatory Act of the 104th General

9 Assembly on sales tax holiday items had not occurred. If any

10 such quarter monthly payment is not paid at the time or in the

11 amount required by this Section, then the taxpayer shall be

12 liable for penalties and interest on the difference between

13 the minimum amount due as a payment and the amount of such

14 quarter monthly payment actually and timely paid, except

15 insofar as the taxpayer has previously made payments for that

16 month to the Department in excess of the minimum payments

17 previously due as provided in this Section. The Department

18 shall make reasonable rules and regulations to govern the

19 quarter monthly payment amount and quarter monthly payment

20 dates for taxpayers who file on other than a calendar monthly

21 basis.

22  The provisions of this paragraph apply before October 1,

23 2001. Without regard to whether a taxpayer is required to make

24 quarter monthly payments as specified above, any taxpayer who

25 is required by Section 2d of this Act to collect and remit

26 prepaid taxes and has collected prepaid taxes which average in
SB3019 Enrolled  - 1258 - LRB104 20255 HLH 33706 b

 1 excess of $25,000 per month during the preceding 2 complete
 2 calendar quarters, shall file a return with the Department as
 3 required by Section 2f and shall make payments to the
 4 Department on or before the 7th, 15th, 22nd and last day of the
 5 month during which such liability is incurred. If the month
 6 during which such tax liability is incurred began prior to
 7 September 1, 1985 (the effective date of Public Act 84-221),
 8 each payment shall be in an amount not less than 22.5% of the
 9 taxpayer's actual liability under Section 2d. If the month
10 during which such tax liability is incurred begins on or after
11 January 1, 1986, each payment shall be in an amount equal to
12 22.5% of the taxpayer's actual liability for the month or
13 27.5% of the taxpayer's liability for the same calendar month
14 of the preceding calendar year. If the month during which such
15 tax liability is incurred begins on or after January 1, 1987,
16 each payment shall be in an amount equal to 22.5% of the
17 taxpayer's actual liability for the month or 26.25% of the
18 taxpayer's liability for the same calendar month of the
19 preceding year. The amount of such quarter monthly payments
20 shall be credited against the final tax liability of the
21 taxpayer's return for that month filed under this Section or
22 Section 2f, as the case may be. Once applicable, the
23 requirement of the making of quarter monthly payments to the
24 Department pursuant to this paragraph shall continue until
25 such taxpayer's average monthly prepaid tax collections during
26 the preceding 2 complete calendar quarters is $25,000 or less.
   SB3019 Enrolled  - 1259 - LRB104 20255 HLH 33706 b

1 If any such quarter monthly payment is not paid at the time or

2 in the amount required, the taxpayer shall be liable for

3 penalties and interest on such difference, except insofar as

4 the taxpayer has previously made payments for that month in

5 excess of the minimum payments previously due.

6  The provisions of this paragraph apply on and after

7 October 1, 2001. Without regard to whether a taxpayer is

8 required to make quarter monthly payments as specified above,

9 any taxpayer who is required by Section 2d of this Act to

10 collect and remit prepaid taxes and has collected prepaid

11 taxes that average in excess of $20,000 per month during the

12 preceding 4 complete calendar quarters shall file a return

13 with the Department as required by Section 2f and shall make

14 payments to the Department on or before the 7th, 15th, 22nd,

15 and last day of the month during which the liability is

16 incurred. Each payment shall be in an amount equal to 22.5% of

17 the taxpayer's actual liability for the month or 25% of the

18 taxpayer's liability for the same calendar month of the

19 preceding year. The amount of the quarter monthly payments

20 shall be credited against the final tax liability of the

21 taxpayer's return for that month filed under this Section or

22 Section 2f, as the case may be. Once applicable, the

23 requirement of the making of quarter monthly payments to the

24 Department pursuant to this paragraph shall continue until the

25 taxpayer's average monthly prepaid tax collections during the

26 preceding 4 complete calendar quarters (excluding the month of
    SB3019 Enrolled  - 1260 - LRB104 20255 HLH 33706 b

1 highest liability and the month of lowest liability) is less

2 than $19,000 or until such taxpayer's average monthly

3 liability to the Department as computed for each calendar

4 quarter of the 4 preceding complete calendar quarters is less

5 than $20,000. If any such quarter monthly payment is not paid

6 at the time or in the amount required, the taxpayer shall be

7 liable for penalties and interest on such difference, except

8 insofar as the taxpayer has previously made payments for that

9 month in excess of the minimum payments previously due.

10  If any payment provided for in this Section exceeds the

11 taxpayer's liabilities under this Act, the Use Tax Act, the

12 Service Occupation Tax Act, and the Service Use Tax Act, as

13 shown on an original monthly return, the Department shall, if

14 requested by the taxpayer, issue to the taxpayer a credit

15 memorandum no later than 30 days after the date of payment. The

16 credit evidenced by such credit memorandum may be assigned by

17 the taxpayer to a similar taxpayer under this Act, the Use Tax

18 Act, the Service Occupation Tax Act, or the Service Use Tax

19 Act, in accordance with reasonable rules and regulations to be

20 prescribed by the Department. If no such request is made, the

21 taxpayer may credit such excess payment against tax liability

22 subsequently to be remitted to the Department under this Act,

23 the Use Tax Act, the Service Occupation Tax Act, or the Service

24 Use Tax Act, in accordance with reasonable rules and

25 regulations prescribed by the Department. If the Department

26 subsequently determined that all or any part of the credit
    SB3019 Enrolled         - 1261 - LRB104 20255 HLH 33706 b

1 taken was not actually due to the taxpayer, the taxpayer's

2 vendor's discount shall be reduced, if necessary, to reflect

3 the difference between the credit taken and that actually due,

4 and that taxpayer shall be liable for penalties and interest

5 on such difference.

6   If a retailer of motor fuel is entitled to a credit under

7 Section 2d of this Act which exceeds the taxpayer's liability

8 to the Department under this Act for the month for which the

9 taxpayer is filing a return, the Department shall issue the

10 taxpayer a credit memorandum for the excess.

11  The net revenue realized at the 15% rate under either

12 Section 4 or Section 5 of this Act shall be deposited as

13 follows: (i) notwithstanding the provisions of this Section to

14 the contrary, the net revenue realized from the portion of the

15 rate in excess of 5% shall be deposited into the State and

16 Local Sales Tax Reform Fund; and (ii) the net revenue realized

17 from the 5% portion of the rate shall be deposited as provided

18 in this Section for the 5% portion of the 6.25% general rate

19 imposed under this Act.

20  Beginning January 1, 1990, each month the Department shall

21 pay into the Local Government Tax Fund, a special fund in the

22 State treasury which is hereby created, the net revenue

23 realized for the preceding month from the 1% tax imposed under

24 this Act.

25  Beginning January 1, 1990, each month the Department shall

26 pay into the County and Mass Transit District Fund, a special
    SB3019 Enrolled  - 1262 - LRB104 20255 HLH 33706 b

1 fund in the State treasury which is hereby created, 4% of the

2 net revenue realized for the preceding month from the 6.25%

3 general rate other than aviation fuel sold on or after

4 December 1, 2019. This exception for aviation fuel only

5 applies for so long as the revenue use requirements of 49

6 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

7   Beginning August 1, 2000, each month the Department shall

8 pay into the County and Mass Transit District Fund 20% of the

9 net revenue realized for the preceding month from the 1.25%

10 rate on the selling price of motor fuel and gasohol. If, in any

11 month, the tax on sales tax holiday items, as defined in

12 Section 2-8, is imposed at the rate of 1.25%, then the

13 Department shall pay 20% of the net revenue realized for that

14 month from the 1.25% rate on the selling price of sales tax

15 holiday items into the County and Mass Transit District Fund.

16  Beginning January 1, 1990, each month the Department shall

17 pay into the Local Government Tax Fund 16% of the net revenue

18 realized for the preceding month from the 6.25% general rate

19 on the selling price of tangible personal property other than

20 aviation fuel sold on or after December 1, 2019. This

21 exception for aviation fuel only applies for so long as the

22 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

23 47133 are binding on the State.

24  For aviation fuel sold on or after December 1, 2019, each

25 month the Department shall pay into the State Aviation Program

26 Fund 20% of the net revenue realized for the preceding month
    SB3019 Enrolled         - 1263 - LRB104 20255 HLH 33706 b

1 from the 6.25% general rate on the selling price of aviation

2 fuel, less an amount estimated by the Department to be

3 required for refunds of the 20% portion of the tax on aviation

4 fuel under this Act, which amount shall be deposited into the

5 Aviation Fuel Sales Tax Refund Fund. The Department shall only

6 pay moneys into the State Aviation Program Fund and the

7 Aviation Fuel Sales Tax Refund Fund under this Act for so long

8 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

9 U.S.C. 47133 are binding on the State.

10  Beginning August 1, 2000, each month the Department shall

11 pay into the Local Government Tax Fund 80% of the net revenue

12 realized for the preceding month from the 1.25% rate on the

13 selling price of motor fuel and gasohol. If, in any month, the

14 tax on sales tax holiday items, as defined in Section 2-8, is

15 imposed at the rate of 1.25%, then the Department shall pay 80%

16 of the net revenue realized for that month from the 1.25% rate

17 on the selling price of sales tax holiday items into the Local

18 Government Tax Fund.

19  Beginning October 1, 2009, each month the Department shall

20 pay into the Capital Projects Fund an amount that is equal to

21 an amount estimated by the Department to represent 80% of the

22 net revenue realized for the preceding month from the sale of

23 candy, grooming and hygiene products, and soft drinks that had

24 been taxed at a rate of 1% prior to September 1, 2009 but that

25 are now taxed at 6.25%.

26  Beginning July 1, 2011, each month the Department shall
    SB3019 Enrolled  - 1264 - LRB104 20255 HLH 33706 b

1 pay into the Clean Air Act Permit Fund 80% of the net revenue

2 realized for the preceding month from the 6.25% general rate

3 on the selling price of sorbents used in Illinois in the

4 process of sorbent injection as used to comply with the

5 Environmental Protection Act or the federal Clean Air Act, but

6 the total payment into the Clean Air Act Permit Fund under this

7 Act and the Use Tax Act shall not exceed $2,000,000 in any

8 fiscal year.

9   Beginning July 1, 2013, each month the Department shall

10 pay into the Underground Storage Tank Fund from the proceeds

11 collected under this Act, the Use Tax Act, the Service Use Tax

12 Act, and the Service Occupation Tax Act an amount equal to the

13 average monthly deficit in the Underground Storage Tank Fund

14 during the prior year, as certified annually by the Illinois

15 Environmental Protection Agency, but the total payment into

16 the Underground Storage Tank Fund under this Act, the Use Tax

17 Act, the Service Use Tax Act, and the Service Occupation Tax

18 Act shall not exceed $18,000,000 in any State fiscal year. As

19 used in this paragraph, the "average monthly deficit" shall be

20 equal to the difference between the average monthly claims for

21 payment by the fund and the average monthly revenues deposited

22 into the fund, excluding payments made pursuant to this

23 paragraph.

24  Beginning July 1, 2015, of the remainder of the moneys

25 received by the Department under the Use Tax Act, the Service

26 Use Tax Act, the Service Occupation Tax Act, and this Act, each
    SB3019 Enrolled       - 1265 - LRB104 20255 HLH 33706 b

1 month the Department shall deposit $500,000 into the State

2 Crime Laboratory Fund.

3   Of the remainder of the moneys received by the Department

4 pursuant to this Act, (a) 1.75% thereof shall be paid into the

5 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

6 and after July 1, 1989, 3.8% thereof shall be paid into the

7 Build Illinois Fund; provided, however, that if in any fiscal

8 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

9 may be, of the moneys received by the Department and required

10 to be paid into the Build Illinois Fund pursuant to this Act,

11 Section 9 of the Use Tax Act, Section 9 of the Service Use Tax

12 Act, and Section 9 of the Service Occupation Tax Act, such Acts

13 being hereinafter called the "Tax Acts" and such aggregate of

14 2.2% or 3.8%, as the case may be, of moneys being hereinafter

15 called the "Tax Act Amount", and (2) the amount transferred to

16 the Build Illinois Fund from the State and Local Sales Tax

17 Reform Fund shall be less than the Annual Specified Amount (as

18 hereinafter defined), an amount equal to the difference shall

19 be immediately paid into the Build Illinois Fund from other

20 moneys received by the Department pursuant to the Tax Acts;

21 the "Annual Specified Amount" means the amounts specified

22 below for fiscal years 1986 through 1993:

23  Fiscal Year           Annual Specified Amount

24  1986                                      $54,800,000

25  1987                                      $76,650,000

26  1988                                      $80,480,000
   SB3019 Enrolled  - 1266 - LRB104 20255 HLH 33706 b

1  1989             $88,510,000

2  1990             $115,330,000

3  1991             $145,470,000

4  1992             $182,730,000

5  1993             $206,520,000;

6 and means the Certified Annual Debt Service Requirement (as

7 defined in Section 13 of the Build Illinois Bond Act) or the

8 Tax Act Amount, whichever is greater, for fiscal year 1994 and

9 each fiscal year thereafter; and further provided, that if on

10 the last business day of any month the sum of (1) the Tax Act

11 Amount required to be deposited into the Build Illinois Bond

12 Account in the Build Illinois Fund during such month and (2)

13 the amount transferred to the Build Illinois Fund from the

14 State and Local Sales Tax Reform Fund shall have been less than

15 1/12 of the Annual Specified Amount, an amount equal to the

16 difference shall be immediately paid into the Build Illinois

17 Fund from other moneys received by the Department pursuant to

18 the Tax Acts; and, further provided, that in no event shall the

19 payments required under the preceding proviso result in

20 aggregate payments into the Build Illinois Fund pursuant to

21 this clause (b) for any fiscal year in excess of the greater of

22 (i) the Tax Act Amount or (ii) the Annual Specified Amount for

23 such fiscal year. The amounts payable into the Build Illinois

24 Fund under clause (b) of the first sentence in this paragraph

25 shall be payable only until such time as the aggregate amount

26 on deposit under each trust indenture securing Bonds issued
SB3019 Enrolled  - 1267 - LRB104 20255 HLH 33706 b

 1 and outstanding pursuant to the Build Illinois Bond Act is
 2 sufficient, taking into account any future investment income,
 3 to fully provide, in accordance with such indenture, for the
 4 defeasance of or the payment of the principal of, premium, if
 5 any, and interest on the Bonds secured by such indenture and on
 6 any Bonds expected to be issued thereafter and all fees and
 7 costs payable with respect thereto, all as certified by the
 8 Director of the Bureau of the Budget (now Governor's Office of
 9 Management and Budget). If on the last business day of any
10 month in which Bonds are outstanding pursuant to the Build
11 Illinois Bond Act, the aggregate of moneys deposited into the
12 Build Illinois Bond Account in the Build Illinois Fund in such
13 month shall be less than the amount required to be transferred
14 in such month from the Build Illinois Bond Account to the Build
15 Illinois Bond Retirement and Interest Fund pursuant to Section
16 13 of the Build Illinois Bond Act, an amount equal to such
17 deficiency shall be immediately paid from other moneys
18 received by the Department pursuant to the Tax Acts to the
19 Build Illinois Fund; provided, however, that any amounts paid
20 to the Build Illinois Fund in any fiscal year pursuant to this
21 sentence shall be deemed to constitute payments pursuant to
22 clause (b) of the first sentence of this paragraph and shall
23 reduce the amount otherwise payable for such fiscal year
24 pursuant to that clause (b). The moneys received by the
25 Department pursuant to this Act and required to be deposited
26 into the Build Illinois Fund are subject to the pledge, claim
    SB3019 Enrolled        - 1268 - LRB104 20255 HLH 33706 b

1 and charge set forth in Section 12 of the Build Illinois Bond

2 Act.

3   Subject to payment of amounts into the Build Illinois Fund

4 as provided in the preceding paragraph or in any amendment

5 thereto hereafter enacted, the following specified monthly

6 installment of the amount requested in the certificate of the

7 Chairman of the Metropolitan Pier and Exposition Authority

8 provided under Section 8.25f of the State Finance Act, but not

9 in excess of sums designated as "Total Deposit", shall be

10 deposited in the aggregate from collections under Section 9 of

11 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

12 9 of the Service Occupation Tax Act, and Section 3 of the

13 Retailers' Occupation Tax Act into the McCormick Place

14 Expansion Project Fund in the specified fiscal years.

15      Fiscal Year        Total Deposit

16                   1993                                 $0

17                   1994  53,000,000

18                   1995  58,000,000

19                   1996  61,000,000

20                   1997  64,000,000

21                   1998  68,000,000

22                   1999  71,000,000

23                   2000  75,000,000

24                   2001  80,000,000

25                   2002  93,000,000

26                   2003  99,000,000
    SB3019 Enrolled        - 1269 - LRB104 20255 HLH 33706 b

1                    2004                                            103,000,000
                                                                     108,000,000
2                    2005                                            113,000,000
                                                                     119,000,000
3                    2006                                            126,000,000
                                                                     132,000,000
4                    2007                                            139,000,000
                                                                     146,000,000
5                    2008                                            153,000,000
                                                                     161,000,000
6                    2009                                            170,000,000
                                                                     179,000,000
7                    2010                                            189,000,000
                                                                     199,000,000
8                    2011                                            210,000,000
                                                                     221,000,000
9                    2012                                            233,000,000
                                                                     300,000,000
10                   2013                                            300,000,000
                                                                     300,000,000
11                   2014                                            300,000,000
                                                                     300,000,000
12                   2015                                            300,000,000
                                                                     375,000,000
13                   2016                                            375,000,000
                                                                     375,000,000
14                   2017

15                   2018

16                   2019

17                   2020

18                   2021

19                   2022

20                   2023

21                   2024

22                   2025

23                   2026

24                   2027

25                   2028

26                   2029
    SB3019 Enrolled        - 1270 - LRB104 20255 HLH 33706 b

1                    2030            375,000,000

2                    2031            375,000,000

3                    2032            375,000,000

4                    2033            375,000,000

5                    2034            375,000,000

6                    2035            375,000,000

7                    2036            450,000,000

8                    and

9   each fiscal year

10  thereafter that bonds

11  are outstanding under

12  Section 13.2 of the

13  Metropolitan Pier and

14  Exposition Authority Act,

15  but not after fiscal year 2060.

16  Beginning July 20, 1993 and in each month of each fiscal

17 year thereafter, one-eighth of the amount requested in the

18 certificate of the Chairman of the Metropolitan Pier and

19 Exposition Authority for that fiscal year, less the amount

20 deposited into the McCormick Place Expansion Project Fund by

21 the State Treasurer in the respective month under subsection

22 (g) of Section 13 of the Metropolitan Pier and Exposition

23 Authority Act, plus cumulative deficiencies in the deposits

24 required under this Section for previous months and years,

25 shall be deposited into the McCormick Place Expansion Project

26 Fund, until the full amount requested for the fiscal year, but
    SB3019 Enrolled       - 1271 - LRB104 20255 HLH 33706 b

1 not in excess of the amount specified above as "Total

2 Deposit", has been deposited.

3   Subject to payment of amounts into the Capital Projects

4 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

5 and the McCormick Place Expansion Project Fund pursuant to the

6 preceding paragraphs or in any amendments thereto hereafter

7 enacted, for aviation fuel sold on or after December 1, 2019,

8 the Department shall each month deposit into the Aviation Fuel

9 Sales Tax Refund Fund an amount estimated by the Department to

10 be required for refunds of the 80% portion of the tax on

11 aviation fuel under this Act. The Department shall only

12 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

13 under this paragraph for so long as the revenue use

14 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

15 binding on the State.

16  Subject to payment of amounts into the Build Illinois Fund

17 and the McCormick Place Expansion Project Fund pursuant to the

18 preceding paragraphs or in any amendments thereto hereafter

19 enacted, beginning July 1, 1993 and ending on September 30,

20 2013, the Department shall each month pay into the Illinois

21 Tax Increment Fund 0.27% of 80% of the net revenue realized for

22 the preceding month from the 6.25% general rate on the selling

23 price of tangible personal property.

24  Subject to payment of amounts into the Build Illinois

25 Fund, the McCormick Place Expansion Project Fund, and the

26 Illinois Tax Increment Fund pursuant to the preceding
    SB3019 Enrolled  - 1272 - LRB104 20255 HLH 33706 b

1 paragraphs or in any amendments to this Section hereafter

2 enacted, beginning on the first day of the first calendar

3 month to occur on or after August 26, 2014 (the effective date

4 of Public Act 98-1098), each month, from the collections made

5 under Section 9 of the Use Tax Act, Section 9 of the Service

6 Use Tax Act, Section 9 of the Service Occupation Tax Act, and

7 Section 3 of the Retailers' Occupation Tax Act, the Department

8 shall pay into the Tax Compliance and Administration Fund, to

9 be used, subject to appropriation, to fund additional auditors

10 and compliance personnel at the Department of Revenue, an

11 amount equal to 1/12 of 5% of 80% of the cash receipts

12 collected during the preceding fiscal year by the Audit Bureau

13 of the Department under the Use Tax Act, the Service Use Tax

14 Act, the Service Occupation Tax Act, the Retailers' Occupation

15 Tax Act, and associated local occupation and use taxes

16 administered by the Department.

17  Subject to payments of amounts into the Build Illinois

18 Fund, the McCormick Place Expansion Project Fund, the Illinois

19 Tax Increment Fund, the Energy Infrastructure Fund, and the

20 Tax Compliance and Administration Fund as provided in this

21 Section, beginning on July 1, 2018 the Department shall pay

22 each month into the Downstate Public Transportation Fund the

23 moneys required to be so paid under Section 2-3 of the

24 Downstate Public Transportation Act.

25  Subject to successful execution and delivery of a

26 public-private agreement between the public agency and private
    SB3019 Enrolled  - 1273 - LRB104 20255 HLH 33706 b

1 entity and completion of the civic build, beginning on July 1,

2 2023, of the remainder of the moneys received by the

3 Department under the Use Tax Act, the Service Use Tax Act, the

4 Service Occupation Tax Act, and this Act, the Department shall

5 deposit the following specified deposits in the aggregate from

6 collections under the Use Tax Act, the Service Use Tax Act, the

7 Service Occupation Tax Act, and the Retailers' Occupation Tax

8 Act, as required under Section 8.25g of the State Finance Act

9 for distribution consistent with the Public-Private

10 Partnership for Civic and Transit Infrastructure Project Act.

11 The moneys received by the Department pursuant to this Act and

12 required to be deposited into the Civic and Transit

13 Infrastructure Fund are subject to the pledge, claim and

14 charge set forth in Section 25-55 of the Public-Private

15 Partnership for Civic and Transit Infrastructure Project Act.

16 As used in this paragraph, "civic build", "private entity",

17 "public-private agreement", and "public agency" have the

18 meanings provided in Section 25-10 of the Public-Private

19 Partnership for Civic and Transit Infrastructure Project Act.

20  Fiscal Year ............................ Total Deposit

21  2024 .................................... $200,000,000

22  2025 .................................... $206,000,000

23  2026 .................................... $212,200,000

24  2027 .................................... $218,500,000

25  2028 .................................... $225,100,000

26  2029 .................................... $288,700,000
    SB3019 Enrolled  - 1274 - LRB104 20255 HLH 33706 b

1   2030 .................................... $298,900,000

2   2031 .................................... $309,300,000

3   2032 .................................... $320,100,000

4   2033 .................................... $331,200,000

5   2034 .................................... $341,200,000

6   2035 .................................... $351,400,000

7   2036 .................................... $361,900,000

8   2037 .................................... $372,800,000

9   2038 .................................... $384,000,000

10  2039 .................................... $395,500,000

11  2040 .................................... $407,400,000

12  2041 .................................... $419,600,000

13  2042 .................................... $432,200,000

14  2043 .................................... $445,100,000

15  Beginning July 1, 2021 and until July 1, 2022, subject to

16 the payment of amounts into the County and Mass Transit

17 District Fund, the Local Government Tax Fund, the Build

18 Illinois Fund, the McCormick Place Expansion Project Fund, the

19 Illinois Tax Increment Fund, and the Tax Compliance and

20 Administration Fund as provided in this Section, the

21 Department shall pay each month into the Road Fund the amount

22 estimated to represent 16% of the net revenue realized from

23 the taxes imposed on motor fuel and gasohol. Beginning July 1,

24 2022 and until July 1, 2023, subject to the payment of amounts

25 into the County and Mass Transit District Fund, the Local

26 Government Tax Fund, the Build Illinois Fund, the McCormick
SB3019 Enrolled  - 1275 - LRB104 20255 HLH 33706 b

 1 Place Expansion Project Fund, the Illinois Tax Increment Fund,
 2 and the Tax Compliance and Administration Fund as provided in
 3 this Section, the Department shall pay each month into the
 4 Road Fund the amount estimated to represent 32% of the net
 5 revenue realized from the taxes imposed on motor fuel and
 6 gasohol. Beginning July 1, 2023 and until July 1, 2024,
 7 subject to the payment of amounts into the County and Mass
 8 Transit District Fund, the Local Government Tax Fund, the
 9 Build Illinois Fund, the McCormick Place Expansion Project
10 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
11 and Administration Fund as provided in this Section, the
12 Department shall pay each month into the Road Fund the amount
13 estimated to represent 48% of the net revenue realized from
14 the taxes imposed on motor fuel and gasohol. Beginning July 1,
15 2024 and until July 1, 2026, subject to the payment of amounts
16 into the County and Mass Transit District Fund, the Local
17 Government Tax Fund, the Build Illinois Fund, the McCormick
18 Place Expansion Project Fund, the Illinois Tax Increment Fund,
19 and the Tax Compliance and Administration Fund as provided in
20 this Section, the Department shall pay each month into the
21 Road Fund the amount estimated to represent 64% of the net
22 revenue realized from the taxes imposed on motor fuel and
23 gasohol. Beginning on July 1, 2026, subject to the payment of
24 amounts into the County and Mass Transit District Fund, the
25 Local Government Tax Fund, the Build Illinois Fund, the
26 McCormick Place Expansion Project Fund, the Illinois Tax
    SB3019 Enrolled  - 1276 - LRB104 20255 HLH 33706 b

1 Increment Fund, and the Tax Compliance and Administration Fund

2 as provided in this Section, the Department shall pay each

3 month into the Public Transportation Fund and the Downstate

4 Public Transportation Fund the amount estimated to represent

5 80% of the net revenue realized from the taxes imposed on motor

6 fuel and gasohol. Moneys shall be apportioned as follows: 85%

7 into the Public Transportation Fund and 15% into the Downstate

8 Public Transportation Fund. As used in this paragraph "motor

9 fuel" has the meaning given to that term in Section 1.1 of the

10 Motor Fuel Tax Law, and "gasohol" has the meaning given to that

11 term in Section 3-40 of the Use Tax Act.

12  Until July 1, 2025, of the remainder of the moneys

13 received by the Department pursuant to this Act, 75% thereof

14 shall be paid into the State treasury and 25% shall be reserved

15 in a special account and used only for the transfer to the

16 Common School Fund as part of the monthly transfer from the

17 General Revenue Fund in accordance with Section 8a of the

18 State Finance Act. Beginning July 1, 2025, of the remainder of

19 the moneys received by the Department pursuant to this Act,

20 75% shall be deposited into the General Revenue Fund and 25%

21 shall be deposited into the Common School Fund.

22  The Department may, upon separate written notice to a

23 taxpayer, require the taxpayer to prepare and file with the

24 Department on a form prescribed by the Department within not

25 less than 60 days after receipt of the notice an annual

26 information return for the tax year specified in the notice.
    SB3019 Enrolled  - 1277 - LRB104 20255 HLH 33706 b

1 Such annual return to the Department shall include a statement

2 of gross receipts as shown by the retailer's last federal

3 income tax return. If the total receipts of the business as

4 reported in the federal income tax return do not agree with the

5 gross receipts reported to the Department of Revenue for the

6 same period, the retailer shall attach to his annual return a

7 schedule showing a reconciliation of the 2 amounts and the

8 reasons for the difference. The retailer's annual return to

9 the Department shall also disclose the cost of goods sold by

10 the retailer during the year covered by such return, opening

11 and closing inventories of such goods for such year, costs of

12 goods used from stock or taken from stock and given away by the

13 retailer during such year, payroll information of the

14 retailer's business during such year and any additional

15 reasonable information which the Department deems would be

16 helpful in determining the accuracy of the monthly, quarterly,

17 or annual returns filed by such retailer as provided for in

18 this Section.

19  If the annual information return required by this Section

20 is not filed when and as required, the taxpayer shall be liable

21 as follows:

22  (i) Until January 1, 1994, the taxpayer shall be

23  liable for a penalty equal to 1/6 of 1% of the tax due from

24  such taxpayer under this Act during the period to be

25  covered by the annual return for each month or fraction of

26  a month until such return is filed as required, the
    SB3019 Enrolled  - 1278 - LRB104 20255 HLH 33706 b

1   penalty to be assessed and collected in the same manner as

2   any other penalty provided for in this Act.

3   (ii) On and after January 1, 1994, the taxpayer shall

4   be liable for a penalty as described in Section 3-4 of the

5   Uniform Penalty and Interest Act.

6   The chief executive officer, proprietor, owner, or highest

7 ranking manager shall sign the annual return to certify the

8 accuracy of the information contained therein. Any person who

9 willfully signs the annual return containing false or

10 inaccurate information shall be guilty of perjury and punished

11 accordingly. The annual return form prescribed by the

12 Department shall include a warning that the person signing the

13 return may be liable for perjury.

14  The provisions of this Section concerning the filing of an

15 annual information return do not apply to a retailer who is not

16 required to file an income tax return with the United States

17 Government.

18  As soon as possible after the first day of each month, upon

19 certification of the Department of Revenue, the Comptroller

20 shall order transferred and the Treasurer shall transfer from

21 the General Revenue Fund to the Motor Fuel Tax Fund an amount

22 equal to 1.7% of 80% of the net revenue realized under this Act

23 for the second preceding month. Beginning April 1, 2000, this

24 transfer is no longer required and shall not be made.

25  Net revenue realized for a month shall be the revenue

26 collected by the State pursuant to this Act, less the amount
    SB3019 Enrolled          - 1279 - LRB104 20255 HLH 33706 b

1 paid out during that month as refunds to taxpayers for

2 overpayment of liability.

3   For greater simplicity of administration, manufacturers,

4 importers and wholesalers whose products are sold at retail in

5 Illinois by numerous retailers, and who wish to do so, may

6 assume the responsibility for accounting and paying to the

7 Department all tax accruing under this Act with respect to

8 such sales, if the retailers who are affected do not make

9 written objection to the Department to this arrangement.

10  Any person who promotes, organizes, or provides retail

11 selling space for concessionaires or other types of sellers at

12 the Illinois State Fair, DuQuoin State Fair, county fairs,

13 local fairs, art shows, flea markets, and similar exhibitions

14 or events, including any transient merchant as defined by

15 Section 2 of the Transient Merchant Act of 1987, is required to

16 file a report with the Department providing the name of the

17 merchant's business, the name of the person or persons engaged

18 in merchant's business, the permanent address and Illinois

19 Retailers Occupation Tax Registration Number of the merchant,

20 the dates and location of the event, and other reasonable

21 information that the Department may require. The report must

22 be filed not later than the 20th day of the month next

23 following the month during which the event with retail sales

24 was held. Any person who fails to file a report required by

25 this Section commits a business offense and is subject to a

26 fine not to exceed $250.
   SB3019 Enrolled  - 1280 - LRB104 20255 HLH 33706 b

1  Any person engaged in the business of selling tangible

2 personal property at retail as a concessionaire or other type

3 of seller at the Illinois State Fair, county fairs, art shows,

4 flea markets, and similar exhibitions or events, or any

5 transient merchants, as defined by Section 2 of the Transient

6 Merchant Act of 1987, may be required to make a daily report of

7 the amount of such sales to the Department and to make a daily

8 payment of the full amount of tax due. The Department shall

9 impose this requirement when it finds that there is a

10 significant risk of loss of revenue to the State at such an

11 exhibition or event. Such a finding shall be based on evidence

12 that a substantial number of concessionaires or other sellers

13 who are not residents of Illinois will be engaging in the

14 business of selling tangible personal property at retail at

15 the exhibition or event, or other evidence of a significant

16 risk of loss of revenue to the State. The Department shall

17 notify concessionaires and other sellers affected by the

18 imposition of this requirement. In the absence of notification

19 by the Department, the concessionaires and other sellers shall

20 file their returns as otherwise required in this Section.

21 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;

22 103-363, eff. 7-28-23; 103-592, Article 75, Section 75-20,

23 eff. 1-1-25; 103-592, Article 110, Section 110-20, eff.

24 6-7-24; 103-605, eff. 7-1-24; 103-1055, eff. 12-20-24; 104-6,

25 Article 5, Section 5-25, eff. 6-16-25; 104-6, Article 25,

26 Section 25-20, eff. 6-16-25; 104-6, Article 35, Section 35-35,
    SB3019 Enrolled        - 1281 - LRB104 20255 HLH 33706 b

1 eff. 6-16-25; 104-457, eff. 6-1-26.)

2                          ARTICLE 130

3   Section 130-5. The Sports Wagering Act is amended by

4 changing Sections 25-10 and 25-90 as follows:

5   (230 ILCS 45/25-10)

6   Sec. 25-10. Definitions. As used in this Act:

7   "Adjusted gross sports wagering receipts" means a master

8 sports wagering licensee's gross sports wagering receipts,

9 less winnings paid to wagerers in such games.

10  "Athlete" means any current or former professional athlete

11 or collegiate athlete.

12  "Board" means the Illinois Gaming Board.

13  "Covered persons" includes athletes; umpires, referees,

14 and officials; personnel associated with clubs, teams,

15 leagues, and athletic associations; medical professionals

16 (including athletic trainers) who provide services to athletes

17 and players; and the family members and associates of these

18 persons where required to serve the purposes of this Act.

19  "Exchange wager" includes an agreement, contract,

20 transaction, or swap that is offered, traded, or executed on a

21 prediction market or exchange tied to a sporting contest or

22 sporting event.

23  "Department" means the Department of the Lottery.
    SB3019 Enrolled  - 1282 - LRB104 20255 HLH 33706 b

1   "Gaming facility" means a facility at which gambling

2 operations are conducted under the Illinois Gambling Act,

3 pari-mutuel wagering is conducted under the Illinois Horse

4 Racing Act of 1975, or sports wagering is conducted under this

5 Act.

6   "Official league data" means statistics, results,

7 outcomes, and other data related to a sports event obtained

8 pursuant to an agreement with the relevant sports governing

9 body, or an entity expressly authorized by the sports

10 governing body to provide such information to licensees, that

11 authorizes the use of such data for determining the outcome of

12 tier 2 sports wagers on such sports events.

13  "Organization licensee" has the meaning given to that term

14 in the Illinois Horse Racing Act of 1975.

15  "Owners licensee" means the holder of an owners license

16 under the Illinois Gambling Act.

17  "Person" means an individual, partnership, committee,

18 association, corporation, or any other organization or group

19 of persons.

20  "Personal biometric data" means an athlete's information

21 derived from DNA, heart rate, blood pressure, perspiration

22 rate, internal or external body temperature, hormone levels,

23 glucose levels, hydration levels, vitamin levels, bone

24 density, muscle density, and sleep patterns.

25  "Prohibited conduct" includes any statement, action, and

26 other communication intended to influence, manipulate, or
    SB3019 Enrolled  - 1283 - LRB104 20255 HLH 33706 b

1 control a betting outcome of a sporting contest or of any

2 individual occurrence or performance in a sporting contest in

3 exchange for financial gain or to avoid financial or physical

4 harm. "Prohibited conduct" includes statements, actions, and

5 communications made to a covered person by a third party, such

6 as a family member or through social media. "Prohibited

7 conduct" does not include statements, actions, or

8 communications made or sanctioned by a team or sports

9 governing body.

10  "Qualified applicant" means an applicant for a license

11 under this Act whose application meets the mandatory minimum

12 qualification criteria as required by the Board.

13  "Sporting contest" means a sports event or game on which

14 the State allows sports wagering to occur under this Act.

15  "Sports event" means a professional sport or athletic

16 event, a collegiate sport or athletic event, a motor race

17 event, or any other event or competition of relative skill

18 authorized by the Board under this Act.

19  "Sports facility" means a facility that hosts sports

20 events and holds a seating capacity greater than 17,000

21 persons, except in a municipality with a population of more

22 than 1,000,000, a seating capacity greater than 10,000

23 persons.

24  "Sports governing body" means the organization that

25 prescribes final rules and enforces codes of conduct with

26 respect to a sports event and participants therein.
    SB3019 Enrolled       - 1284 - LRB104 20255 HLH 33706 b

1   "Sports wagering" means accepting wagers on sports events

2 or portions of sports events, or on the individual performance

3 statistics of athletes in a sports event or combination of

4 sports events, by any system or method of wagering, including,

5 but not limited to, in person or over the Internet through

6 websites and on mobile devices. "Sports wagering" includes,

7 but is not limited to, single-game bets, teaser bets, parlays,

8 over-under, moneyline, pools, exchange wagering, in-game

9 wagering, in-play bets, proposition bets, and straight bets.

10  "Sports wagering account" means a financial record

11 established by a master sports wagering licensee for an

12 individual patron in which the patron may deposit and withdraw

13 funds for sports wagering and other authorized purchases and

14 to which the master sports wagering licensee may credit

15 winnings or other amounts due to that patron or authorized by

16 that patron.

17  "Tier 1 sports wager" means a sports wager that is

18 determined solely by the final score or final outcome of the

19 sports event and is placed before the sports event has begun.

20  "Tier 2 sports wager" means a sports wager that is not a

21 tier 1 sports wager.

22  "Wager" means a sum of money or thing of value risked on an

23 uncertain occurrence.

24  "Winning bidder" means a qualified applicant for a master

25 sports wagering license chosen through the competitive

26 selection process under Section 25-45.
    SB3019 Enrolled             - 1285 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

2   (230 ILCS 45/25-90)

3   Sec. 25-90. Tax; Sports Wagering Fund.

4   (a) For the privilege of holding a license to operate

5 sports wagering under this Act until June 30, 2024, this State

6 shall impose and collect 15% of a master sports wagering

7 licensee's adjusted gross sports wagering receipts from sports

8 wagering. The accrual method of accounting shall be used for

9 purposes of calculating the amount of the tax owed by the

10 licensee.

11  The taxes levied and collected pursuant to this subsection

12 (a) are due and payable to the Board no later than the last day

13 of the month following the calendar month in which the

14 adjusted gross sports wagering receipts were received and the

15 tax obligation was accrued.

16  (a-5) In addition to the tax imposed under subsection (a),

17 (d), (d-5), or (d-7) of this Section, for the privilege of

18 holding a license to operate sports wagering under this Act,

19 the State shall impose and collect 2% of the adjusted gross

20 receipts from sports wagers that are placed within a home rule

21 county with a population of over 3,000,000 inhabitants, which

22 shall be paid, subject to appropriation from the General

23 Assembly, from the Sports Wagering Fund to that home rule

24 county for the purpose of enhancing the county's criminal

25 justice system.
    SB3019 Enrolled  - 1286 - LRB104 20255 HLH 33706 b

1   (b) The Sports Wagering Fund is hereby created as a

2 special fund in the State treasury. Except as otherwise

3 provided in this Act, all moneys collected under this Act by

4 the Board shall be deposited into the Sports Wagering Fund.

5 Through August 25, 2024, on the 25th of each month, any moneys

6 remaining in the Sports Wagering Fund in excess of the

7 anticipated monthly expenditures from the Fund through the

8 next month, as certified by the Board to the State

9 Comptroller, shall be transferred by the State Comptroller and

10 the State Treasurer to the Capital Projects Fund. Beginning

11 September 25, 2024, on the 25th of each month, of the moneys

12 remaining in the Sports Wagering Fund in excess of the

13 anticipated monthly expenditures from the Fund through the

14 next month, as certified by the Board to the State

15 Comptroller, the State Comptroller shall direct and the State

16 Treasurer shall transfer 58% to the General Revenue Fund and

17 42% to the Capital Projects Fund.

18  (c) Beginning with July 2021, and on a monthly basis

19 thereafter, the Board shall certify to the State Comptroller

20 the amount of license fees collected in the month for initial

21 licenses issued under this Act, except for occupational

22 licenses. As soon after certification as practicable, the

23 State Comptroller shall direct and the State Treasurer shall

24 transfer the certified amount from the Sports Wagering Fund to

25 the Rebuild Illinois Projects Fund.

26  (d) Beginning on July 1, 2024, and for each 12-month
    SB3019 Enrolled  - 1287 - LRB104 20255 HLH 33706 b

1 period thereafter, for the privilege of holding a license to

2 operate sports wagering under this Act, this State shall

3 impose a privilege tax on the master sports licensee's

4 adjusted gross sports wagering receipts from sports wagering

5 over the Internet or through a mobile application based on the

6 following rates:

7   20% of annual adjusted gross sports wagering receipts

8   up to and including $30,000,000.

9   25% of annual adjusted gross sports wagering receipts

10  in excess of $30,000,000 but not exceeding $50,000,000.

11  30% of annual adjusted gross sports wagering receipts

12  in excess of $50,000,000 but not exceeding $100,000,000.

13  35% of annual adjusted gross sports wagering receipts

14  in excess of $100,000,000 but not exceeding $200,000,000.

15  40% of annual adjusted gross sports wagering receipts

16  in excess of $200,000,000.

17  (d-5) Beginning on July 1, 2024, and for each 12-month

18 period thereafter, for the privilege of holding a license to

19 operate sports wagering under this Act, this State shall

20 impose a privilege tax on the master sports licensee's

21 adjusted gross sports wagering receipts from sports wagering

22 from other than over the Internet or through a mobile

23 application based on the following rates:

24  20% of annual adjusted gross sports wagering receipts

25  up to and including $30,000,000.

26  25% of annual adjusted gross sports wagering receipts
    SB3019 Enrolled  - 1288 - LRB104 20255 HLH 33706 b

1   in excess of $30,000,000 but not exceeding $50,000,000.

2   30% of annual adjusted gross sports wagering receipts

3   in excess of $50,000,000 but not exceeding $100,000,000.

4   35% of annual adjusted gross sports wagering receipts

5   in excess of $100,000,000 but not exceeding $200,000,000.

6   40% of annual adjusted gross sports wagering receipts

7   in excess of $200,000,000.

8   (d-7) Beginning on July 1, 2025, and each month

9 thereafter, for the privilege of holding a license to operate

10 sports wagering under this Act, this State shall impose a

11 wager tax on each master sports licensee for each individual

12 wager placed with the master sports licensee for sports

13 wagering over the Internet or through a mobile application.

14 The tax shall be based on the following schedule and shall be

15 in addition to any other taxes or fees imposed under this Act:

16  The tax shall be $0.25 per wager for the first 20,000,000

17 annual combined Tier 1 and Tier 2 wagers.

18  The tax shall be $0.50 per wager for each wager in excess

19 of 20,000,000 annual combined Tier 1 and Tier 2 wagers.

20  The tax levied under this subsection shall be deposited

21 monthly into the Sports Wagering Fund. The Board shall certify

22 all amounts deposited into the Sports Wagering Fund under this

23 subsection to the State Comptroller. The State Comptroller

24 shall direct and the State Treasurer shall transfer that

25 certified amount from the Sports Wagering Fund to the General

26 Revenue Fund.
    SB3019 Enrolled      - 1289 - LRB104 20255 HLH 33706 b

1   As used in this subsection, "annual combined Tier 1 and

2 Tier 2 wagers" means the total number of individual wagers

3 placed with the licensee, regardless of outcome or payout in a

4 given fiscal year.

5   (d-10) The accrual method of accounting shall be used for

6 purposes of calculating the amount of the tax owed by the

7 licensee.

8   (d-15) The taxes levied and collected pursuant to

9 subsections (d) (d-5), and (d-7) are due and payable to the

10 Board no later than the last day of the month following the

11 calendar month in which the adjusted gross sports wagering

12 receipts were received and the tax obligation was accrued.

13  (d-20) In addition to all other taxes and payments owed

14 under this Act, any wagers offered under this Act shall be

15 subject to incur a transaction tax equal to the 1.75% of each

16 exchange wager. After the first five million exchange wagers

17 conducted by a licensee during a fiscal year, the transaction

18 tax imposed under this subsection shall increase to 3.5% of

19 each exchange wager.

20  The tax levied under this subsection shall be deposited

21 monthly into the Sports Wagering Fund. The Board shall certify

22 all amounts deposited into the Sports Wagering Fund under this

23 subsection to the State Comptroller. The State Comptroller

24 shall direct and the State Treasurer shall transfer that

25 certified amount from the Sports Wagering Fund to the General

26 Revenue Fund.
    SB3019 Enrolled         - 1290 - LRB104 20255 HLH 33706 b

1   (e) Annually, a master sports wagering licensee shall

2 transmit to the Board an audit of the financial transactions

3 and condition of the licensee's total operations.

4 Additionally, within 90 days after the end of each quarter of

5 each fiscal year, the master sports wagering licensee shall

6 transmit to the Board a compliance report on engagement

7 procedures determined by the Board. All audits and compliance

8 engagements shall be conducted by certified public accountants

9 selected by the Board. Each certified public accountant must

10 be registered in the State of Illinois under the Illinois

11 Public Accounting Act. The compensation for each certified

12 public accountant shall be paid directly by the master sports

13 wagering licensee to the certified public accountant.

14 (Source: P.A. 103-592, eff. 6-7-24; 104-6, eff. 6-16-25.)

15                   ARTICLE 135

16  Section 135-5. The Illinois Income Tax Act is amended by

17 changing Section 201 as follows:

18  (35 ILCS 5/201)

19  Sec. 201. Tax imposed.

20  (a) In general. A tax measured by net income is hereby

21 imposed on every individual, corporation, trust and estate for

22 each taxable year ending after July 31, 1969 on the privilege

23 of earning or receiving income in or as a resident of this
    SB3019 Enrolled  - 1291 - LRB104 20255 HLH 33706 b

1 State. Such tax shall be in addition to all other occupation or

2 privilege taxes imposed by this State or by any municipal

3 corporation or political subdivision thereof.

4   (b) Rates. The tax imposed by subsection (a) of this

5 Section shall be determined as follows, except as adjusted by

6 subsection (d-1):

7   (1) In the case of an individual, trust or estate, for

8   taxable years ending prior to July 1, 1989, an amount

9   equal to 2 1/2% of the taxpayer's net income for the

10  taxable year.

11  (2) In the case of an individual, trust or estate, for

12  taxable years beginning prior to July 1, 1989 and ending

13  after June 30, 1989, an amount equal to the sum of (i) 2

14  1/2% of the taxpayer's net income for the period prior to

15  July 1, 1989, as calculated under Section 202.3, and (ii)

16  3% of the taxpayer's net income for the period after June

17  30, 1989, as calculated under Section 202.3.

18  (3) In the case of an individual, trust or estate, for

19  taxable years beginning after June 30, 1989, and ending

20  prior to January 1, 2011, an amount equal to 3% of the

21  taxpayer's net income for the taxable year.

22  (4) In the case of an individual, trust, or estate,

23  for taxable years beginning prior to January 1, 2011, and

24  ending after December 31, 2010, an amount equal to the sum

25  of (i) 3% of the taxpayer's net income for the period prior

26  to January 1, 2011, as calculated under Section 202.5, and
    SB3019 Enrolled  - 1292 - LRB104 20255 HLH 33706 b

1   (ii) 5% of the taxpayer's net income for the period after

2   December 31, 2010, as calculated under Section 202.5.

3   (5) In the case of an individual, trust, or estate,

4   for taxable years beginning on or after January 1, 2011,

5   and ending prior to January 1, 2015, an amount equal to 5%

6   of the taxpayer's net income for the taxable year.

7   (5.1) In the case of an individual, trust, or estate,

8   for taxable years beginning prior to January 1, 2015, and

9   ending after December 31, 2014, an amount equal to the sum

10  of (i) 5% of the taxpayer's net income for the period prior

11  to January 1, 2015, as calculated under Section 202.5, and

12  (ii) 3.75% of the taxpayer's net income for the period

13  after December 31, 2014, as calculated under Section

14  202.5.

15  (5.2) In the case of an individual, trust, or estate,

16  for taxable years beginning on or after January 1, 2015,

17  and ending prior to July 1, 2017, an amount equal to 3.75%

18  of the taxpayer's net income for the taxable year.

19  (5.3) In the case of an individual, trust, or estate,

20  for taxable years beginning prior to July 1, 2017, and

21  ending after June 30, 2017, an amount equal to the sum of

22  (i) 3.75% of the taxpayer's net income for the period

23  prior to July 1, 2017, as calculated under Section 202.5,

24  and (ii) 4.95% of the taxpayer's net income for the period

25  after June 30, 2017, as calculated under Section 202.5.

26  (5.4) In the case of an individual, trust, or estate,
    SB3019 Enrolled  - 1293 - LRB104 20255 HLH 33706 b

1   for taxable years beginning on or after July 1, 2017, an

2   amount equal to 4.95% of the taxpayer's net income for the

3   taxable year.

4   (6) In the case of a corporation, for taxable years

5   ending prior to July 1, 1989, an amount equal to 4% of the

6   taxpayer's net income for the taxable year.

7   (7) In the case of a corporation, for taxable years

8   beginning prior to July 1, 1989 and ending after June 30,

9   1989, an amount equal to the sum of (i) 4% of the

10  taxpayer's net income for the period prior to July 1,

11  1989, as calculated under Section 202.3, and (ii) 4.8% of

12  the taxpayer's net income for the period after June 30,

13  1989, as calculated under Section 202.3.

14  (8) In the case of a corporation, for taxable years

15  beginning after June 30, 1989, and ending prior to January

16  1, 2011, an amount equal to 4.8% of the taxpayer's net

17  income for the taxable year.

18  (9) In the case of a corporation, for taxable years

19  beginning prior to January 1, 2011, and ending after

20  December 31, 2010, an amount equal to the sum of (i) 4.8%

21  of the taxpayer's net income for the period prior to

22  January 1, 2011, as calculated under Section 202.5, and

23  (ii) 7% of the taxpayer's net income for the period after

24  December 31, 2010, as calculated under Section 202.5.

25  (10) In the case of a corporation, for taxable years

26  beginning on or after January 1, 2011, and ending prior to
    SB3019 Enrolled  - 1294 - LRB104 20255 HLH 33706 b

1   January 1, 2015, an amount equal to 7% of the taxpayer's

2   net income for the taxable year.

3   (11) In the case of a corporation, for taxable years

4   beginning prior to January 1, 2015, and ending after

5   December 31, 2014, an amount equal to the sum of (i) 7% of

6   the taxpayer's net income for the period prior to January

7   1, 2015, as calculated under Section 202.5, and (ii) 5.25%

8   of the taxpayer's net income for the period after December

9   31, 2014, as calculated under Section 202.5.

10  (12) In the case of a corporation, for taxable years

11  beginning on or after January 1, 2015, and ending prior to

12  July 1, 2017, an amount equal to 5.25% of the taxpayer's

13  net income for the taxable year.

14  (13) In the case of a corporation, for taxable years

15  beginning prior to July 1, 2017, and ending after June 30,

16  2017, an amount equal to the sum of (i) 5.25% of the

17  taxpayer's net income for the period prior to July 1,

18  2017, as calculated under Section 202.5, and (ii) 7% of

19  the taxpayer's net income for the period after June 30,

20  2017, as calculated under Section 202.5.

21  (14) In the case of a corporation, for taxable years

22  beginning on or after July 1, 2017, an amount equal to 7%

23  of the taxpayer's net income for the taxable year.

24  The rates under this subsection (b) are subject to the

25 provisions of Section 201.5.

26  (b-5) Surcharge; sale or exchange of assets, properties,
    SB3019 Enrolled      - 1295 - LRB104 20255 HLH 33706 b

1 and intangibles of organization gaming licensees. For each of

2 taxable years 2019 through 2027, a surcharge is imposed on all

3 taxpayers on income arising from the sale or exchange of

4 capital assets, depreciable business property, real property

5 used in the trade or business, and Section 197 intangibles (i)

6 of an organization licensee under the Illinois Horse Racing

7 Act of 1975 and (ii) of an organization gaming licensee under

8 the Illinois Gambling Act. The amount of the surcharge is

9 equal to the amount of federal income tax liability for the

10 taxable year attributable to those sales and exchanges. The

11 surcharge imposed shall not apply if:

12  (1) the organization gaming license, organization

13  license, or racetrack property is transferred as a result

14  of any of the following:

15  (A) bankruptcy, a receivership, or a debt

16  adjustment initiated by or against the initial

17  licensee or the substantial owners of the initial

18  licensee;

19  (B) cancellation, revocation, or termination of

20  any such license by the Illinois Gaming Board or the

21  Illinois Racing Board;

22  (C) a determination by the Illinois Gaming Board

23  that transfer of the license is in the best interests

24  of Illinois gaming;

25  (D) the death of an owner of the equity interest in

26  a licensee;
    SB3019 Enrolled      - 1296 - LRB104 20255 HLH 33706 b

1               (E) the acquisition of a controlling interest in

2   the stock or substantially all of the assets of a

3   publicly traded company;

4               (F) a transfer by a parent company to a wholly

5   owned subsidiary; or

6               (G) the transfer or sale to or by one person to

7   another person where both persons were initial owners

8   of the license when the license was issued; or

9   (2) the controlling interest in the organization

10  gaming license, organization license, or racetrack

11  property is transferred in a transaction to lineal

12  descendants in which no gain or loss is recognized or as a

13  result of a transaction in accordance with Section 351 of

14  the Internal Revenue Code in which no gain or loss is

15  recognized; or

16  (3) live horse racing was not conducted in 2010 at a

17  racetrack located within 3 miles of the Mississippi River

18  under a license issued pursuant to the Illinois Horse

19  Racing Act of 1975.

20  The transfer of an organization gaming license,

21 organization license, or racetrack property by a person other

22 than the initial licensee to receive the organization gaming

23 license is not subject to a surcharge. The Department shall

24 adopt rules necessary to implement and administer this

25 subsection.

26  (c) Personal Property Tax Replacement Income Tax.
    SB3019 Enrolled       - 1297 - LRB104 20255 HLH 33706 b

1 Beginning on July 1, 1979 and thereafter, in addition to such

2 income tax, there is also hereby imposed the Personal Property

3 Tax Replacement Income Tax measured by net income on every

4 corporation (including Subchapter S corporations), partnership

5 and trust, for each taxable year ending after June 30, 1979.

6 Such taxes are imposed on the privilege of earning or

7 receiving income in or as a resident of this State. The

8 Personal Property Tax Replacement Income Tax shall be in

9 addition to the income tax imposed by subsections (a) and (b)

10 of this Section and in addition to all other occupation or

11 privilege taxes imposed by this State or by any municipal

12 corporation or political subdivision thereof.

13  (d) Additional Personal Property Tax Replacement Income

14 Tax Rates. The personal property tax replacement income tax

15 imposed by this subsection and subsection (c) of this Section

16 in the case of a corporation, other than a Subchapter S

17 corporation and except as adjusted by subsection (d-1), shall

18 be an additional amount equal to 2.85% of such taxpayer's net

19 income for the taxable year, except that beginning on January

20 1, 1981, and thereafter, the rate of 2.85% specified in this

21 subsection shall be reduced to 2.5%, and in the case of a

22 partnership, trust or a Subchapter S corporation shall be an

23 additional amount equal to 1.5% of such taxpayer's net income

24 for the taxable year.

25  (d-1) Rate reduction for certain foreign insurers. In the

26 case of a foreign insurer, as defined by Section 35A-5 of the
    SB3019 Enrolled  - 1298 - LRB104 20255 HLH 33706 b

1 Illinois Insurance Code, whose state or country of domicile

2 imposes on insurers domiciled in Illinois a retaliatory tax

3 (excluding any insurer whose premiums from reinsurance assumed

4 are 50% or more of its total insurance premiums as determined

5 under paragraph (2) of subsection (b) of Section 304, except

6 that for purposes of this determination premiums from

7 reinsurance do not include premiums from inter-affiliate

8 reinsurance arrangements), beginning with taxable years ending

9 on or after December 31, 1999, the sum of the rates of tax

10 imposed by subsections (b) and (d) shall be reduced (but not

11 increased) to the rate at which the total amount of tax imposed

12 under this Act, net of all credits allowed under this Act,

13 shall equal (i) the total amount of tax that would be imposed

14 on the foreign insurer's net income allocable to Illinois for

15 the taxable year by such foreign insurer's state or country of

16 domicile if that net income were subject to all income taxes

17 and taxes measured by net income imposed by such foreign

18 insurer's state or country of domicile, net of all credits

19 allowed or (ii) a rate of zero if no such tax is imposed on

20 such income by the foreign insurer's state of domicile. For

21 the purposes of this subsection (d-1), an inter-affiliate

22 includes a mutual insurer under common management.

23  (1) For the purposes of subsection (d-1), in no event

24  shall the sum of the rates of tax imposed by subsections

25  (b) and (d) be reduced below the rate at which the sum of:

26  (A) the total amount of tax imposed on such
    SB3019 Enrolled  - 1299 - LRB104 20255 HLH 33706 b

1   foreign insurer under this Act for a taxable year, net

2   of all credits allowed under this Act, plus

3                (B) the privilege tax imposed by Section 409 of

4   the Illinois Insurance Code, the fire insurance

5   company tax imposed by Section 12 of the Fire

6   Investigation Act, and the fire department taxes

7   imposed under Section 11-10-1 of the Illinois

8   Municipal Code,

9   equals 1.25% for taxable years ending prior to December

10  31, 2003, or 1.75% for taxable years ending on or after

11  December 31, 2003, of the net taxable premiums written for

12  the taxable year, as described by subsection (1) of

13  Section 409 of the Illinois Insurance Code. This paragraph

14  will in no event increase the rates imposed under

15  subsections (b) and (d).

16  (2) Any reduction in the rates of tax imposed by this

17  subsection shall be applied first against the rates

18  imposed by subsection (b) and only after the tax imposed

19  by subsection (a) net of all credits allowed under this

20  Section other than the credit allowed under subsection (i)

21  has been reduced to zero, against the rates imposed by

22  subsection (d).

23  This subsection (d-1) is exempt from the provisions of

24 Section 250.

25  (e) Investment credit. A taxpayer shall be allowed a

26 credit against the Personal Property Tax Replacement Income
    SB3019 Enrolled  - 1300 - LRB104 20255 HLH 33706 b

1 Tax for investment in qualified property.

2   (1) A taxpayer shall be allowed a credit equal to .5%

3   of the basis of qualified property placed in service

4   during the taxable year, provided such property is placed

5   in service on or after July 1, 1984. There shall be allowed

6   an additional credit equal to .5% of the basis of

7   qualified property placed in service during the taxable

8   year, provided such property is placed in service on or

9   after July 1, 1986, and the taxpayer's base employment

10  within Illinois has increased by 1% or more over the

11  preceding year as determined by the taxpayer's employment

12  records filed with the Illinois Department of Employment

13  Security. Taxpayers who are new to Illinois shall be

14  deemed to have met the 1% growth in base employment for the

15  first year in which they file employment records with the

16  Illinois Department of Employment Security. The provisions

17  added to this Section by Public Act 85-1200 (and restored

18  by Public Act 87-895) shall be construed as declaratory of

19  existing law and not as a new enactment. If, in any year,

20  the increase in base employment within Illinois over the

21  preceding year is less than 1%, the additional credit

22  shall be limited to that percentage times a fraction, the

23  numerator of which is .5% and the denominator of which is

24  1%, but shall not exceed .5%. The investment credit shall

25  not be allowed to the extent that it would reduce a

26  taxpayer's liability in any tax year below zero, nor may
    SB3019 Enrolled  - 1301 - LRB104 20255 HLH 33706 b

1   any credit for qualified property be allowed for any year

2   other than the year in which the property was placed in

3   service in Illinois. For tax years ending on or after

4   December 31, 1987, and on or before December 31, 1988, the

5   credit shall be allowed for the tax year in which the

6   property is placed in service, or, if the amount of the

7   credit exceeds the tax liability for that year, whether it

8   exceeds the original liability or the liability as later

9   amended, such excess may be carried forward and applied to

10  the tax liability of the 5 taxable years following the

11  excess credit years if the taxpayer (i) makes investments

12  which cause the creation of a minimum of 2,000 full-time

13  equivalent jobs in Illinois, (ii) is located in an

14  enterprise zone established pursuant to the Illinois

15  Enterprise Zone Act and (iii) is certified by the

16  Department of Commerce and Community Affairs (now

17  Department of Commerce and Economic Opportunity) as

18  complying with the requirements specified in clause (i)

19  and (ii) by July 1, 1986. The Department of Commerce and

20  Community Affairs (now Department of Commerce and Economic

21  Opportunity) shall notify the Department of Revenue of all

22  such certifications immediately. For tax years ending

23  after December 31, 1988, the credit shall be allowed for

24  the tax year in which the property is placed in service,

25  or, if the amount of the credit exceeds the tax liability

26  for that year, whether it exceeds the original liability
    SB3019 Enrolled  - 1302 - LRB104 20255 HLH 33706 b

1   or the liability as later amended, such excess may be

2   carried forward and applied to the tax liability of the 5

3   taxable years following the excess credit years. The

4   credit shall be applied to the earliest year for which

5   there is a liability. If there is credit from more than one

6   tax year that is available to offset a liability, earlier

7   credit shall be applied first.

8   (2) The term "qualified property" means property

9   which:

10          (A) is tangible, whether new or used, including

11  buildings and structural components of buildings and

12  signs that are real property, but not including land

13  or improvements to real property that are not a

14  structural component of a building such as

15  landscaping, sewer lines, local access roads, fencing,

16  parking lots, and other appurtenances;

17          (B) is depreciable pursuant to Section 167 of the

18  Internal Revenue Code, except that "3-year property"

19  as defined in Section 168(c)(2)(A) of that Code is not

20  eligible for the credit provided by this subsection

21  (e);

22          (C) is acquired by purchase as defined in Section

23  179(d) of the Internal Revenue Code;

24          (D) is used in Illinois by a taxpayer who is

25  primarily engaged in manufacturing, or in mining coal

26  or fluorite, or in retailing, or was placed in service
    SB3019 Enrolled  - 1303 - LRB104 20255 HLH 33706 b

1   on or after July 1, 2006 in a River Edge Redevelopment

2   Zone established pursuant to the River Edge

3   Redevelopment Zone Act; and

4   (E) has not previously been used in Illinois in

5   such a manner and by such a person as would qualify for

6   the credit provided by this subsection (e) or

7   subsection (f).

8   (3) For purposes of this subsection (e),

9   "manufacturing" means the material staging and production

10  of tangible personal property by procedures commonly

11  regarded as manufacturing, processing, fabrication, or

12  assembling which changes some existing material into new

13  shapes, new qualities, or new combinations. For purposes

14  of this subsection (e) the term "mining" shall have the

15  same meaning as the term "mining" in Section 613(c) of the

16  Internal Revenue Code. For purposes of this subsection

17  (e), the term "retailing" means the sale of tangible

18  personal property for use or consumption and not for

19  resale, or services rendered in conjunction with the sale

20  of tangible personal property for use or consumption and

21  not for resale. For purposes of this subsection (e),

22  "tangible personal property" has the same meaning as when

23  that term is used in the Retailers' Occupation Tax Act,

24  and, for taxable years ending after December 31, 2008,

25  does not include the generation, transmission, or

26  distribution of electricity.
    SB3019 Enrolled       - 1304 - LRB104 20255 HLH 33706 b

1   (4) The basis of qualified property shall be the basis

2   used to compute the depreciation deduction for federal

3   income tax purposes.

4   (5) If the basis of the property for federal income

5   tax depreciation purposes is increased after it has been

6   placed in service in Illinois by the taxpayer, the amount

7   of such increase shall be deemed property placed in

8   service on the date of such increase in basis.

9   (6) The term "placed in service" shall have the same

10  meaning as under Section 46 of the Internal Revenue Code.

11  (7) If during any taxable year, any property ceases to

12  be qualified property in the hands of the taxpayer within

13  48 months after being placed in service, or the situs of

14  any qualified property is moved outside Illinois within 48

15  months after being placed in service, the Personal

16  Property Tax Replacement Income Tax for such taxable year

17  shall be increased. Such increase shall be determined by

18  (i) recomputing the investment credit which would have

19  been allowed for the year in which credit for such

20  property was originally allowed by eliminating such

21  property from such computation and, (ii) subtracting such

22  recomputed credit from the amount of credit previously

23  allowed. For the purposes of this paragraph (7), a

24  reduction of the basis of qualified property resulting

25  from a redetermination of the purchase price shall be

26  deemed a disposition of qualified property to the extent
    SB3019 Enrolled     - 1305 - LRB104 20255 HLH 33706 b

1   of such reduction.

2   (8) Unless the investment credit is extended by law,

3   the basis of qualified property shall not include costs

4   incurred after December 31, 2018, except for costs

5   incurred pursuant to a binding contract entered into on or

6   before December 31, 2018.

7   (9) Each taxable year ending before December 31, 2000,

8   a partnership may elect to pass through to its partners

9   the credits to which the partnership is entitled under

10  this subsection (e) for the taxable year. A partner may

11  use the credit allocated to him or her under this

12  paragraph only against the tax imposed in subsections (c)

13  and (d) of this Section. If the partnership makes that

14  election, those credits shall be allocated among the

15  partners in the partnership in accordance with the rules

16  set forth in Section 704(b) of the Internal Revenue Code,

17  and the rules promulgated under that Section, and the

18  allocated amount of the credits shall be allowed to the

19  partners for that taxable year. The partnership shall make

20  this election on its Personal Property Tax Replacement

21  Income Tax return for that taxable year. The election to

22  pass through the credits shall be irrevocable.

23  For taxable years ending on or after December 31,

24  2000, a partner that qualifies its partnership for a

25  subtraction under subparagraph (I) of paragraph (2) of

26  subsection (d) of Section 203 or a shareholder that
    SB3019 Enrolled     - 1306 - LRB104 20255 HLH 33706 b

1   qualifies a Subchapter S corporation for a subtraction

2   under subparagraph (S) of paragraph (2) of subsection (b)

3   of Section 203 shall be allowed a credit under this

4   subsection (e) equal to its share of the credit earned

5   under this subsection (e) during the taxable year by the

6   partnership or Subchapter S corporation, determined in

7   accordance with the determination of income and

8   distributive share of income under Sections 702 and 704

9   and Subchapter S of the Internal Revenue Code. This

10  paragraph is exempt from the provisions of Section 250.

11  (f) Investment credit; Enterprise Zone; River Edge

12 Redevelopment Zone.

13  (1) A taxpayer shall be allowed a credit against the

14  tax imposed by subsections (a) and (b) of this Section for

15  investment in qualified property which is placed in

16  service in an Enterprise Zone created pursuant to the

17  Illinois Enterprise Zone Act or, for property placed in

18  service on or after July 1, 2006, a River Edge

19  Redevelopment Zone established pursuant to the River Edge

20  Redevelopment Zone Act. For partners, shareholders of

21  Subchapter S corporations, and owners of limited liability

22  companies, if the liability company is treated as a

23  partnership for purposes of federal and State income

24  taxation, for taxable years ending before December 31,

25  2023, there shall be allowed a credit under this

26  subsection (f) to be determined in accordance with the
    SB3019 Enrolled  - 1307 - LRB104 20255 HLH 33706 b

1   determination of income and distributive share of income

2   under Sections 702 and 704 and Subchapter S of the

3   Internal Revenue Code. For taxable years ending on or

4   after December 31, 2023, for partners and shareholders of

5   Subchapter S corporations, the provisions of Section 251

6   shall apply with respect to the credit under this

7   subsection. The credit shall be .5% of the basis for such

8   property. The credit shall be available only in the

9   taxable year in which the property is placed in service in

10  the Enterprise Zone or River Edge Redevelopment Zone and

11  shall not be allowed to the extent that it would reduce a

12  taxpayer's liability for the tax imposed by subsections

13  (a) and (b) of this Section to below zero. For tax years

14  ending on or after December 31, 1985, the credit shall be

15  allowed for the tax year in which the property is placed in

16  service, or, if the amount of the credit exceeds the tax

17  liability for that year, whether it exceeds the original

18  liability or the liability as later amended, such excess

19  may be carried forward and applied to the tax liability of

20  the 5 taxable years following the excess credit year. The

21  credit shall be applied to the earliest year for which

22  there is a liability. If there is credit from more than one

23  tax year that is available to offset a liability, the

24  credit accruing first in time shall be applied first.

25  (2) The term qualified property means property which:

26  (A) is tangible, whether new or used, including
    SB3019 Enrolled       - 1308 - LRB104 20255 HLH 33706 b

1   buildings and structural components of buildings;

2   (B) is depreciable pursuant to Section 167 of the

3   Internal Revenue Code, except that "3-year property"

4   as defined in Section 168(c)(2)(A) of that Code is not

5   eligible for the credit provided by this subsection

6   (f);

7   (C) is acquired by purchase as defined in Section

8   179(d) of the Internal Revenue Code;

9   (D) is used in the Enterprise Zone or River Edge

10  Redevelopment Zone by the taxpayer; and

11  (E) has not been previously used in Illinois in

12  such a manner and by such a person as would qualify for

13  the credit provided by this subsection (f) or

14  subsection (e).

15  (3) The basis of qualified property shall be the basis

16  used to compute the depreciation deduction for federal

17  income tax purposes.

18  (4) If the basis of the property for federal income

19  tax depreciation purposes is increased after it has been

20  placed in service in the Enterprise Zone or River Edge

21  Redevelopment Zone by the taxpayer, the amount of such

22  increase shall be deemed property placed in service on the

23  date of such increase in basis.

24  (5) The term "placed in service" shall have the same

25  meaning as under Section 46 of the Internal Revenue Code.

26  (6) If during any taxable year, any property ceases to
    SB3019 Enrolled     - 1309 - LRB104 20255 HLH 33706 b

1   be qualified property in the hands of the taxpayer within

2   48 months after being placed in service, or the situs of

3   any qualified property is moved outside the Enterprise

4   Zone or River Edge Redevelopment Zone within 48 months

5   after being placed in service, the tax imposed under

6   subsections (a) and (b) of this Section for such taxable

7   year shall be increased. Such increase shall be determined

8   by (i) recomputing the investment credit which would have

9   been allowed for the year in which credit for such

10  property was originally allowed by eliminating such

11  property from such computation, and (ii) subtracting such

12  recomputed credit from the amount of credit previously

13  allowed. For the purposes of this paragraph (6), a

14  reduction of the basis of qualified property resulting

15  from a redetermination of the purchase price shall be

16  deemed a disposition of qualified property to the extent

17  of such reduction.

18  (7) There shall be allowed an additional credit equal

19  to 0.5% of the basis of qualified property placed in

20  service during the taxable year in a River Edge

21  Redevelopment Zone, provided such property is placed in

22  service on or after July 1, 2006, and the taxpayer's base

23  employment within Illinois has increased by 1% or more

24  over the preceding year as determined by the taxpayer's

25  employment records filed with the Illinois Department of

26  Employment Security. Taxpayers who are new to Illinois
    SB3019 Enrolled  - 1310 - LRB104 20255 HLH 33706 b

1   shall be deemed to have met the 1% growth in base

2   employment for the first year in which they file

3   employment records with the Illinois Department of

4   Employment Security. If, in any year, the increase in base

5   employment within Illinois over the preceding year is less

6   than 1%, the additional credit shall be limited to that

7   percentage times a fraction, the numerator of which is

8   0.5% and the denominator of which is 1%, but shall not

9   exceed 0.5%.

10  (8) For taxable years beginning on or after January 1,

11  2021, there shall be allowed an Enterprise Zone

12  construction jobs credit against the taxes imposed under

13  subsections (a) and (b) of this Section as provided in

14  Section 13 of the Illinois Enterprise Zone Act.

15  The credit or credits may not reduce the taxpayer's

16  liability to less than zero. If the amount of the credit or

17  credits exceeds the taxpayer's liability, the excess may

18  be carried forward and applied against the taxpayer's

19  liability in succeeding calendar years in the same manner

20  provided under paragraph (4) of Section 211 of this Act.

21  The credit or credits shall be applied to the earliest

22  year for which there is a tax liability. If there are

23  credits from more than one taxable year that are available

24  to offset a liability, the earlier credit shall be applied

25  first.

26  For partners, shareholders of Subchapter S
    SB3019 Enrolled  - 1311 - LRB104 20255 HLH 33706 b

1   corporations, and owners of limited liability companies,

2   if the liability company is treated as a partnership for

3   the purposes of federal and State income taxation, for

4   taxable years ending before December 31, 2023, there shall

5   be allowed a credit under this Section to be determined in

6   accordance with the determination of income and

7   distributive share of income under Sections 702 and 704

8   and Subchapter S of the Internal Revenue Code. For taxable

9   years ending on or after December 31, 2023, for partners

10  and shareholders of Subchapter S corporations, the

11  provisions of Section 251 shall apply with respect to the

12  credit under this subsection.

13  The total aggregate amount of credits awarded under

14  the Blue Collar Jobs Act (Article 20 of Public Act 101-9)

15  shall not exceed $20,000,000 in any State fiscal year.

16  This paragraph (8) is exempt from the provisions of

17  Section 250.

18  (g) (Blank).

19  (h) Investment credit; High Impact Business.

20  (1) Subject to subsections (b) and (b-5) of Section

21  5.5 of the Illinois Enterprise Zone Act, a taxpayer shall

22  be allowed a credit against the tax imposed by subsections

23  (a) and (b) of this Section for investment in qualified

24  property which is placed in service by a Department of

25  Commerce and Economic Opportunity designated High Impact

26  Business. The credit shall be .5% of the basis for such
    SB3019 Enrolled  - 1312 - LRB104 20255 HLH 33706 b

1   property. The credit shall not be available (i) until the

2   minimum investments in qualified property set forth in

3   subdivision (a)(3)(A) of Section 5.5 of the Illinois

4   Enterprise Zone Act have been satisfied or (ii) until the

5   time authorized in subsection (b-5) of the Illinois

6   Enterprise Zone Act for entities designated as High Impact

7   Businesses under subdivisions (a)(3)(B), (a)(3)(C), and

8   (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone

9   Act, and shall not be allowed to the extent that it would

10  reduce a taxpayer's liability for the tax imposed by

11  subsections (a) and (b) of this Section to below zero. The

12  credit applicable to such investments shall be taken in

13  the taxable year in which such investments have been

14  completed. The credit for additional investments beyond

15  the minimum investment by a designated high impact

16  business authorized under subdivision (a)(3)(A) of Section

17  5.5 of the Illinois Enterprise Zone Act shall be available

18  only in the taxable year in which the property is placed in

19  service and shall not be allowed to the extent that it

20  would reduce a taxpayer's liability for the tax imposed by

21  subsections (a) and (b) of this Section to below zero. For

22  tax years ending on or after December 31, 1987, the credit

23  shall be allowed for the tax year in which the property is

24  placed in service, or, if the amount of the credit exceeds

25  the tax liability for that year, whether it exceeds the

26  original liability or the liability as later amended, such
    SB3019 Enrolled        - 1313 - LRB104 20255 HLH 33706 b

1   excess may be carried forward and applied to the tax

2   liability of the 5 taxable years following the excess

3   credit year. The credit shall be applied to the earliest

4   year for which there is a liability. If there is credit

5   from more than one tax year that is available to offset a

6   liability, the credit accruing first in time shall be

7   applied first.

8   Changes made in this subdivision (h)(1) by Public Act

9   88-670 restore changes made by Public Act 85-1182 and

10  reflect existing law.

11  (2) The term qualified property means property which:

12  (A) is tangible, whether new or used, including

13  buildings and structural components of buildings;

14  (B) is depreciable pursuant to Section 167 of the

15  Internal Revenue Code, except that "3-year property"

16  as defined in Section 168(c)(2)(A) of that Code is not

17  eligible for the credit provided by this subsection

18  (h);

19  (C) is acquired by purchase as defined in Section

20  179(d) of the Internal Revenue Code; and

21  (D) is not eligible for the Enterprise Zone

22  Investment Credit provided by subsection (f) of this

23  Section.

24  (3) The basis of qualified property shall be the basis

25  used to compute the depreciation deduction for federal

26  income tax purposes.
    SB3019 Enrolled     - 1314 - LRB104 20255 HLH 33706 b

1   (4) If the basis of the property for federal income

2   tax depreciation purposes is increased after it has been

3   placed in service in a federally designated Foreign Trade

4   Zone or Sub-Zone located in Illinois by the taxpayer, the

5   amount of such increase shall be deemed property placed in

6   service on the date of such increase in basis.

7   (5) The term "placed in service" shall have the same

8   meaning as under Section 46 of the Internal Revenue Code.

9   (6) If during any taxable year ending on or before

10  December 31, 1996, any property ceases to be qualified

11  property in the hands of the taxpayer within 48 months

12  after being placed in service, or the situs of any

13  qualified property is moved outside Illinois within 48

14  months after being placed in service, the tax imposed

15  under subsections (a) and (b) of this Section for such

16  taxable year shall be increased. Such increase shall be

17  determined by (i) recomputing the investment credit which

18  would have been allowed for the year in which credit for

19  such property was originally allowed by eliminating such

20  property from such computation, and (ii) subtracting such

21  recomputed credit from the amount of credit previously

22  allowed. For the purposes of this paragraph (6), a

23  reduction of the basis of qualified property resulting

24  from a redetermination of the purchase price shall be

25  deemed a disposition of qualified property to the extent

26  of such reduction.
    SB3019 Enrolled  - 1315 - LRB104 20255 HLH 33706 b

1   (7) Beginning with tax years ending after December 31,

2   1996, if a taxpayer qualifies for the credit under this

3   subsection (h) and thereby is granted a tax abatement and

4   the taxpayer relocates its entire facility in violation of

5   the explicit terms and length of the contract under

6   Section 18-183 of the Property Tax Code, the tax imposed

7   under subsections (a) and (b) of this Section shall be

8   increased for the taxable year in which the taxpayer

9   relocated its facility by an amount equal to the amount of

10  credit received by the taxpayer under this subsection (h).

11  (h-5) High Impact Business construction jobs credit. For

12 taxable years beginning on or after January 1, 2021, there

13 shall also be allowed a High Impact Business construction jobs

14 credit against the tax imposed under subsections (a) and (b)

15 of this Section as provided in subsections (i) and (j) of

16 Section 5.5 of the Illinois Enterprise Zone Act.

17  The credit or credits may not reduce the taxpayer's

18 liability to less than zero. If the amount of the credit or

19 credits exceeds the taxpayer's liability, the excess may be

20 carried forward and applied against the taxpayer's liability

21 in succeeding calendar years in the manner provided under

22 paragraph (4) of Section 211 of this Act. The credit or credits

23 shall be applied to the earliest year for which there is a tax

24 liability. If there are credits from more than one taxable

25 year that are available to offset a liability, the earlier

26 credit shall be applied first.
    SB3019 Enrolled  - 1316 - LRB104 20255 HLH 33706 b

1   For partners, shareholders of Subchapter S corporations,

2 and owners of limited liability companies, for taxable years

3 ending before December 31, 2023, if the liability company is

4 treated as a partnership for the purposes of federal and State

5 income taxation, there shall be allowed a credit under this

6 Section to be determined in accordance with the determination

7 of income and distributive share of income under Sections 702

8 and 704 and Subchapter S of the Internal Revenue Code. For

9 taxable years ending on or after December 31, 2023, for

10 partners and shareholders of Subchapter S corporations, the

11 provisions of Section 251 shall apply with respect to the

12 credit under this subsection.

13  The total aggregate amount of credits awarded under the

14 Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not

15 exceed $20,000,000 in any State fiscal year.

16  This subsection (h-5) is exempt from the provisions of

17 Section 250.

18  (i) Credit for Personal Property Tax Replacement Income

19 Tax. For tax years ending prior to December 31, 2003, a credit

20 shall be allowed against the tax imposed by subsections (a)

21 and (b) of this Section for the tax imposed by subsections (c)

22 and (d) of this Section. This credit shall be computed by

23 multiplying the tax imposed by subsections (c) and (d) of this

24 Section by a fraction, the numerator of which is base income

25 allocable to Illinois and the denominator of which is Illinois

26 base income, and further multiplying the product by the tax
    SB3019 Enrolled  - 1317 - LRB104 20255 HLH 33706 b

1 rate imposed by subsections (a) and (b) of this Section.

2   Any credit earned on or after December 31, 1986 under this

3 subsection which is unused in the year the credit is computed

4 because it exceeds the tax liability imposed by subsections

5 (a) and (b) for that year (whether it exceeds the original

6 liability or the liability as later amended) may be carried

7 forward and applied to the tax liability imposed by

8 subsections (a) and (b) of the 5 taxable years following the

9 excess credit year, provided that no credit may be carried

10 forward to any year ending on or after December 31, 2003. This

11 credit shall be applied first to the earliest year for which

12 there is a liability. If there is a credit under this

13 subsection from more than one tax year that is available to

14 offset a liability the earliest credit arising under this

15 subsection shall be applied first.

16  If, during any taxable year ending on or after December

17 31, 1986, the tax imposed by subsections (c) and (d) of this

18 Section for which a taxpayer has claimed a credit under this

19 subsection (i) is reduced, the amount of credit for such tax

20 shall also be reduced. Such reduction shall be determined by

21 recomputing the credit to take into account the reduced tax

22 imposed by subsections (c) and (d). If any portion of the

23 reduced amount of credit has been carried to a different

24 taxable year, an amended return shall be filed for such

25 taxable year to reduce the amount of credit claimed.

26  (j) Training expense credit. Beginning with tax years
    SB3019 Enrolled  - 1318 - LRB104 20255 HLH 33706 b

1 ending on or after December 31, 1986 and prior to December 31,

2 2003, a taxpayer shall be allowed a credit against the tax

3 imposed by subsections (a) and (b) under this Section for all

4 amounts paid or accrued, on behalf of all persons employed by

5 the taxpayer in Illinois or Illinois residents employed

6 outside of Illinois by a taxpayer, for educational or

7 vocational training in semi-technical or technical fields or

8 semi-skilled or skilled fields, which were deducted from gross

9 income in the computation of taxable income. The credit

10 against the tax imposed by subsections (a) and (b) shall be

11 1.6% of such training expenses. For partners, shareholders of

12 subchapter S corporations, and owners of limited liability

13 companies, if the liability company is treated as a

14 partnership for purposes of federal and State income taxation,

15 for taxable years ending before December 31, 2023, there shall

16 be allowed a credit under this subsection (j) to be determined

17 in accordance with the determination of income and

18 distributive share of income under Sections 702 and 704 and

19 subchapter S of the Internal Revenue Code. For taxable years

20 ending on or after December 31, 2023, for partners and

21 shareholders of Subchapter S corporations, the provisions of

22 Section 251 shall apply with respect to the credit under this

23 subsection.

24  Any credit allowed under this subsection which is unused

25 in the year the credit is earned may be carried forward to each

26 of the 5 taxable years following the year for which the credit
   SB3019 Enrolled  - 1319 - LRB104 20255 HLH 33706 b

1 is first computed until it is used. This credit shall be

2 applied first to the earliest year for which there is a

3 liability. If there is a credit under this subsection from

4 more than one tax year that is available to offset a liability,

5 the earliest credit arising under this subsection shall be

6 applied first. No carryforward credit may be claimed in any

7 tax year ending on or after December 31, 2003.

8  (k) Research and development credit. For tax years ending

9 after July 1, 1990 and prior to December 31, 2003, and

10 beginning again for tax years ending on or after December 31,

11 2004, and ending prior to January 1, 2032, a taxpayer shall be

12 allowed a credit against the tax imposed by subsections (a)

13 and (b) of this Section for increasing research activities in

14 this State. The credit allowed against the tax imposed by

15 subsections (a) and (b) shall be equal to 6 1/2% of the

16 qualifying expenditures for increasing research activities in

17 this State. For partners, shareholders of subchapter S

18 corporations, and owners of limited liability companies, if

19 the liability company is treated as a partnership for purposes

20 of federal and State income taxation, for taxable years ending

21 before December 31, 2023, there shall be allowed a credit

22 under this subsection to be determined in accordance with the

23 determination of income and distributive share of income under

24 Sections 702 and 704 and subchapter S of the Internal Revenue

25 Code. For taxable years ending on or after December 31, 2023,

26 for partners and shareholders of Subchapter S corporations,
    SB3019 Enrolled  - 1320 - LRB104 20255 HLH 33706 b

1 the provisions of Section 251 shall apply with respect to the

2 credit under this subsection.

3   For purposes of this subsection, "qualifying expenditures"

4 means the qualifying expenditures as defined for the federal

5 credit for increasing research activities which would be

6 allowable under Section 41 of the Internal Revenue Code and

7 which are conducted in this State, "qualifying expenditures

8 for increasing research activities in this State" means the

9 excess of qualifying expenditures for the taxable year in

10 which incurred over qualifying expenditures for the base

11 period, "qualifying expenditures for the base period" means

12 the average of the qualifying expenditures for each year in

13 the base period, and "base period" means the 3 taxable years

14 immediately preceding the taxable year for which the

15 determination is being made.

16  Any credit in excess of the tax liability for the taxable

17 year may be carried forward. A taxpayer may elect to have the

18 unused credit shown on its final completed return carried over

19 as a credit against the tax liability for the following 5

20 taxable years or until it has been fully used, whichever

21 occurs first; provided that no credit earned in a tax year

22 ending prior to December 31, 2003 may be carried forward to any

23 year ending on or after December 31, 2003.

24  If an unused credit is carried forward to a given year from

25 2 or more earlier years, that credit arising in the earliest

26 year will be applied first against the tax liability for the
    SB3019 Enrolled  - 1321 - LRB104 20255 HLH 33706 b

1 given year. If a tax liability for the given year still

2 remains, the credit from the next earliest year will then be

3 applied, and so on, until all credits have been used or no tax

4 liability for the given year remains. Any remaining unused

5 credit or credits then will be carried forward to the next

6 following year in which a tax liability is incurred, except

7 that no credit can be carried forward to a year which is more

8 than 5 years after the year in which the expense for which the

9 credit is given was incurred.

10  No inference shall be drawn from Public Act 91-644 in

11 construing this Section for taxable years beginning before

12 January 1, 1999.

13  It is the intent of the General Assembly that the research

14 and development credit under this subsection (k) shall apply

15 continuously for all tax years ending on or after December 31,

16 2004 and ending prior to January 1, 2032, including, but not

17 limited to, the period beginning on January 1, 2016 and ending

18 on July 6, 2017 (the effective date of Public Act 100-22). All

19 actions taken in reliance on the continuation of the credit

20 under this subsection (k) by any taxpayer are hereby

21 validated.

22  (l) Environmental Remediation Tax Credit.

23  (i) For tax years ending after December 31, 1997 and

24  on or before December 31, 2001, a taxpayer shall be

25  allowed a credit against the tax imposed by subsections

26  (a) and (b) of this Section for certain amounts paid for
    SB3019 Enrolled  - 1322 - LRB104 20255 HLH 33706 b

1   unreimbursed eligible remediation costs, as specified in

2   this subsection. For purposes of this Section,

3   "unreimbursed eligible remediation costs" means costs

4   approved by the Illinois Environmental Protection Agency

5   ("Agency") under Section 58.14 of the Environmental

6   Protection Act that were paid in performing environmental

7   remediation at a site for which a No Further Remediation

8   Letter was issued by the Agency and recorded under Section

9   58.10 of the Environmental Protection Act. The credit must

10  be claimed for the taxable year in which Agency approval

11  of the eligible remediation costs is granted. The credit

12  is not available to any taxpayer if the taxpayer or any

13  related party caused or contributed to, in any material

14  respect, a release of regulated substances on, in, or

15  under the site that was identified and addressed by the

16  remedial action pursuant to the Site Remediation Program

17  of the Environmental Protection Act. After the Pollution

18  Control Board rules are adopted pursuant to the Illinois

19  Administrative Procedure Act for the administration and

20  enforcement of Section 58.9 of the Environmental

21  Protection Act, determinations as to credit availability

22  for purposes of this Section shall be made consistent with

23  those rules. For purposes of this Section, "taxpayer"

24  includes a person whose tax attributes the taxpayer has

25  succeeded to under Section 381 of the Internal Revenue

26  Code and "related party" includes the persons disallowed a
    SB3019 Enrolled  - 1323 - LRB104 20255 HLH 33706 b

1   deduction for losses by paragraphs (b), (c), and (f)(1) of

2   Section 267 of the Internal Revenue Code by virtue of

3   being a related taxpayer, as well as any of its partners.

4   The credit allowed against the tax imposed by subsections

5   (a) and (b) shall be equal to 25% of the unreimbursed

6   eligible remediation costs in excess of $100,000 per site,

7   except that the $100,000 threshold shall not apply to any

8   site contained in an enterprise zone as determined by the

9   Department of Commerce and Community Affairs (now

10  Department of Commerce and Economic Opportunity). The

11  total credit allowed shall not exceed $40,000 per year

12  with a maximum total of $150,000 per site. For partners

13  and shareholders of subchapter S corporations, there shall

14  be allowed a credit under this subsection to be determined

15  in accordance with the determination of income and

16  distributive share of income under Sections 702 and 704

17  and subchapter S of the Internal Revenue Code.

18  (ii) A credit allowed under this subsection that is

19  unused in the year the credit is earned may be carried

20  forward to each of the 5 taxable years following the year

21  for which the credit is first earned until it is used. The

22  term "unused credit" does not include any amounts of

23  unreimbursed eligible remediation costs in excess of the

24  maximum credit per site authorized under paragraph (i).

25  This credit shall be applied first to the earliest year

26  for which there is a liability. If there is a credit under
    SB3019 Enrolled     - 1324 - LRB104 20255 HLH 33706 b

1   this subsection from more than one tax year that is

2   available to offset a liability, the earliest credit

3   arising under this subsection shall be applied first. A

4   credit allowed under this subsection may be sold to a

5   buyer as part of a sale of all or part of the remediation

6   site for which the credit was granted. The purchaser of a

7   remediation site and the tax credit shall succeed to the

8   unused credit and remaining carry-forward period of the

9   seller. To perfect the transfer, the assignor shall record

10  the transfer in the chain of title for the site and provide

11  written notice to the Director of the Illinois Department

12  of Revenue of the assignor's intent to sell the

13  remediation site and the amount of the tax credit to be

14  transferred as a portion of the sale. In no event may a

15  credit be transferred to any taxpayer if the taxpayer or a

16  related party would not be eligible under the provisions

17  of subsection (i).

18  (iii) For purposes of this Section, the term "site"

19  shall have the same meaning as under Section 58.2 of the

20  Environmental Protection Act.

21  (m) Education expense credit. Beginning with tax years

22 ending after December 31, 1999, a taxpayer who is the

23 custodian of one or more qualifying pupils shall be allowed a

24 credit against the tax imposed by subsections (a) and (b) of

25 this Section for qualified education expenses incurred on

26 behalf of the qualifying pupils. The credit shall be equal to
    SB3019 Enrolled             - 1325 - LRB104 20255 HLH 33706 b

1 25% of qualified education expenses, but in no event may the

2 total credit under this subsection claimed by a family that is

3 the custodian of qualifying pupils exceed (i) $500 for tax

4 years ending prior to December 31, 2017, and (ii) $750 for tax

5 years ending on or after December 31, 2017. In no event shall a

6 credit under this subsection reduce the taxpayer's liability

7 under this Act to less than zero. Notwithstanding any other

8 provision of law, for taxable years beginning on or after

9 January 1, 2017, no taxpayer may claim a credit under this

10 subsection (m) if the taxpayer's adjusted gross income for the

11 taxable year exceeds (i) $500,000, in the case of spouses

12 filing a joint federal tax return or (ii) $250,000, in the case

13 of all other taxpayers. This subsection is exempt from the

14 provisions of Section 250 of this Act.

15  For purposes of this subsection:

16  "Qualifying pupils" means individuals who (i) are

17 residents of the State of Illinois, (ii) are under the age of

18 21 at the close of the school year for which a credit is

19 sought, and (iii) during the school year for which a credit is

20 sought were full-time pupils enrolled in a kindergarten

21 through twelfth grade education program at any school, as

22 defined in this subsection.

23  "Qualified education expense" means the amount incurred on

24 behalf of a qualifying pupil in excess of $250 for tuition,

25 book fees, and lab fees at the school in which the pupil is

26 enrolled during the regular school year.
    SB3019 Enrolled  - 1326 - LRB104 20255 HLH 33706 b

1   "School" means any public or nonpublic elementary or

2 secondary school in Illinois that is in compliance with Title

3 VI of the Civil Rights Act of 1964 and attendance at which

4 satisfies the requirements of Section 26-1 of the School Code,

5 except that nothing shall be construed to require a child to

6 attend any particular public or nonpublic school to qualify

7 for the credit under this Section.

8   "Custodian" means, with respect to qualifying pupils, an

9 Illinois resident who is a parent, the parents, a legal

10 guardian, or the legal guardians of the qualifying pupils.

11  (n) River Edge Redevelopment Zone site remediation tax

12 credit.

13          (i) For tax years ending on or after December 31,

14  2006, a taxpayer shall be allowed a credit against the tax

15  imposed by subsections (a) and (b) of this Section for

16  certain amounts paid for unreimbursed eligible remediation

17  costs, as specified in this subsection. For purposes of

18  this Section, "unreimbursed eligible remediation costs"

19  means costs approved by the Illinois Environmental

20  Protection Agency ("Agency") under Section 58.14a of the

21  Environmental Protection Act that were paid in performing

22  environmental remediation at a site within a River Edge

23  Redevelopment Zone for which a No Further Remediation

24  Letter was issued by the Agency and recorded under Section

25  58.10 of the Environmental Protection Act. The credit must

26  be claimed for the taxable year in which Agency approval
    SB3019 Enrolled  - 1327 - LRB104 20255 HLH 33706 b

1   of the eligible remediation costs is granted. The credit

2   is not available to any taxpayer if the taxpayer or any

3   related party caused or contributed to, in any material

4   respect, a release of regulated substances on, in, or

5   under the site that was identified and addressed by the

6   remedial action pursuant to the Site Remediation Program

7   of the Environmental Protection Act. Determinations as to

8   credit availability for purposes of this Section shall be

9   made consistent with rules adopted by the Pollution

10  Control Board pursuant to the Illinois Administrative

11  Procedure Act for the administration and enforcement of

12  Section 58.9 of the Environmental Protection Act. For

13  purposes of this Section, "taxpayer" includes a person

14  whose tax attributes the taxpayer has succeeded to under

15  Section 381 of the Internal Revenue Code and "related

16  party" includes the persons disallowed a deduction for

17  losses by paragraphs (b), (c), and (f)(1) of Section 267

18  of the Internal Revenue Code by virtue of being a related

19  taxpayer, as well as any of its partners. The credit

20  allowed against the tax imposed by subsections (a) and (b)

21  shall be equal to 25% of the unreimbursed eligible

22  remediation costs in excess of $100,000 per site.

23  (ii) A credit allowed under this subsection that is

24  unused in the year the credit is earned may be carried

25  forward to each of the 5 taxable years following the year

26  for which the credit is first earned until it is used. This
    SB3019 Enrolled  - 1328 - LRB104 20255 HLH 33706 b

1   credit shall be applied first to the earliest year for

2   which there is a liability. If there is a credit under this

3   subsection from more than one tax year that is available

4   to offset a liability, the earliest credit arising under

5   this subsection shall be applied first. A credit allowed

6   under this subsection may be sold to a buyer as part of a

7   sale of all or part of the remediation site for which the

8   credit was granted. The purchaser of a remediation site

9   and the tax credit shall succeed to the unused credit and

10  remaining carry-forward period of the seller. To perfect

11  the transfer, the assignor shall record the transfer in

12  the chain of title for the site and provide written notice

13  to the Director of the Illinois Department of Revenue of

14  the assignor's intent to sell the remediation site and the

15  amount of the tax credit to be transferred as a portion of

16  the sale. In no event may a credit be transferred to any

17  taxpayer if the taxpayer or a related party would not be

18  eligible under the provisions of subsection (i).

19  (iii) For purposes of this Section, the term "site"

20  shall have the same meaning as under Section 58.2 of the

21  Environmental Protection Act.

22  (o) For each of taxable years during the Compassionate Use

23 of Medical Cannabis Program, a surcharge is imposed on all

24 taxpayers on income arising from the sale or exchange of

25 capital assets, depreciable business property, real property

26 used in the trade or business, and Section 197 intangibles of
    SB3019 Enrolled  - 1329 - LRB104 20255 HLH 33706 b

1 an organization registrant under the Compassionate Use of

2 Medical Cannabis Program Act. The amount of the surcharge is

3 equal to the amount of federal income tax liability for the

4 taxable year attributable to those sales and exchanges. The

5 surcharge imposed does not apply if:

6   (1) the medical cannabis cultivation center

7   registration, medical cannabis dispensary registration, or

8   the property of a registration is transferred as a result

9   of any of the following:

10  (A) bankruptcy, a receivership, or a debt

11  adjustment initiated by or against the initial

12  registration or the substantial owners of the initial

13  registration;

14  (B) cancellation, revocation, or termination of

15  any registration by the Illinois Department of Public

16  Health;

17  (C) a determination by the Illinois Department of

18  Public Health that transfer of the registration is in

19  the best interests of Illinois qualifying patients as

20  defined by the Compassionate Use of Medical Cannabis

21  Program Act;

22  (D) the death of an owner of the equity interest in

23  a registrant;

24  (E) the acquisition of a controlling interest in

25  the stock or substantially all of the assets of a

26  publicly traded company;
    SB3019 Enrolled  - 1330 - LRB104 20255 HLH 33706 b

1       (F) a transfer by a parent company to a wholly

2   owned subsidiary; or

3       (G) the transfer or sale to or by one person to

4   another person where both persons were initial owners

5   of the registration when the registration was issued;

6   or

7   (2) the cannabis cultivation center registration,

8   medical cannabis dispensary registration, or the

9   controlling interest in a registrant's property is

10  transferred in a transaction to lineal descendants in

11  which no gain or loss is recognized or as a result of a

12  transaction in accordance with Section 351 of the Internal

13  Revenue Code in which no gain or loss is recognized.

14  (p) Pass-through entity tax.

15  (1) For taxable years ending on or after December 31,

16  2021, a partnership (other than a publicly traded

17  partnership under Section 7704 of the Internal Revenue

18  Code) or Subchapter S corporation may elect to apply the

19  provisions of this subsection. A separate election shall

20  be made for each taxable year. Such election shall be made

21  at such time, and in such form and manner as prescribed by

22  the Department, and, once made, is irrevocable.

23  (2) Entity-level tax. A partnership or Subchapter S

24  corporation electing to apply the provisions of this

25  subsection shall be subject to a tax for the privilege of

26  earning or receiving income in this State in an amount
    SB3019 Enrolled  - 1331 - LRB104 20255 HLH 33706 b

1   equal to 4.95% of the taxpayer's net income for the

2   taxable year.

3   (2.1) For taxable years ending on or after December

4   31, 2026, a partnership making an election under this

5   subsection may elect, in the manner prescribed by the

6   Department, to determine the tax base for the purposes of

7   this subsection under one of the following methods:

8   (A) Full distributive share method. The electing

9   partnership shall compute and pay tax on the full

10  distributive share of net income allocable to each

11  partner who is an Illinois resident, notwithstanding

12  the apportionment provisions of Section 304. The

13  apportioned business income shall be used solely for

14  determining the tax due on behalf of nonresident

15  partners.

16  (B) Illinois-sourced income method. The electing

17  partnership shall compute and pay tax only on that

18  portion of each partner's distributive share of net

19  income that is derived from or attributable to sources

20  within this State, determined in accordance with

21  Section 304 and the rules adopted under that Section.

22  The election under this paragraph (2.1) shall be made

23  annually and shall apply to all partners of the

24  partnership for the taxable year. The method elected shall

25  be irrevocable for that taxable year. The Department shall

26  prescribe the manner and form of the election under this
    SB3019 Enrolled   - 1332 - LRB104 20255 HLH 33706 b

1   paragraph (2.1).

2   (3) Net income defined.

3   (A) In general. For purposes of paragraph (2), the

4   term net income has the same meaning as defined in

5   Section 202 of this Act, except that, for tax years

6   ending on or after December 31, 2023, a deduction

7   shall be allowed in computing base income for

8   distributions to a retired partner to the extent that

9   the partner's distributions are exempt from tax under

10  Section 203(a)(2)(F) of this Act. In addition, the

11  following modifications shall not apply:

12                   (i) the standard exemption allowed under

13  Section 204;

14                   (ii) the deduction for net losses allowed

15  under Section 207;

16                   (iii) in the case of an S corporation, the

17  modification under Section 203(b)(2)(S); and

18                   (iv) in the case of a partnership, the

19  modifications under Section 203(d)(2)(H) and

20  Section 203(d)(2)(I).

21  (B) Special rule for tiered partnerships. If a

22  taxpayer making the election under paragraph (1) is a

23  partner of another taxpayer making the election under

24  paragraph (1), net income shall be computed as

25  provided in subparagraph (A), except that the taxpayer

26  shall subtract its distributive share of the net
    SB3019 Enrolled  - 1333 - LRB104 20255 HLH 33706 b

1   income of the electing partnership (including its

2   distributive share of the net income of the electing

3   partnership derived as a distributive share from

4   electing partnerships in which it is a partner).

5   (4) Credit for entity level tax. Each partner or

6   shareholder of a taxpayer making the election under this

7   Section shall be allowed a credit against the tax imposed

8   under subsections (a) and (b) of Section 201 of this Act

9   for the taxable year of the partnership or Subchapter S

10  corporation for which an election is in effect ending

11  within or with the taxable year of the partner or

12  shareholder in an amount equal to 4.95% times the partner

13  or shareholder's distributive share of the net income of

14  the electing partnership or Subchapter S corporation, but

15  not to exceed the partner's or shareholder's share of the

16  tax imposed under paragraph (1) which is actually paid by

17  the partnership or Subchapter S corporation. If the

18  taxpayer is a partnership or Subchapter S corporation that

19  is itself a partner of a partnership making the election

20  under paragraph (1), the credit under this paragraph shall

21  be allowed to the taxpayer's partners or shareholders (or

22  if the partner is a partnership or Subchapter S

23  corporation then its partners or shareholders) in

24  accordance with the determination of income and

25  distributive share of income under Sections 702 and 704

26  and Subchapter S of the Internal Revenue Code. If the
    SB3019 Enrolled  - 1334 - LRB104 20255 HLH 33706 b

1   amount of the credit allowed under this paragraph exceeds

2   the partner's or shareholder's liability for tax imposed

3   under subsections (a) and (b) of Section 201 of this Act

4   for the taxable year, such excess shall be treated as an

5   overpayment for purposes of Section 909 of this Act.

6   (5) Nonresidents. A nonresident individual who is a

7   partner or shareholder of a partnership or Subchapter S

8   corporation for a taxable year for which an election is in

9   effect under paragraph (1) shall not be required to file

10  an income tax return under this Act for such taxable year

11  if the only source of net income of the individual (or the

12  individual and the individual's spouse in the case of a

13  joint return) is from an entity making the election under

14  paragraph (1) and the credit allowed to the partner or

15  shareholder under paragraph (4) equals or exceeds the

16  individual's liability for the tax imposed under

17  subsections (a) and (b) of Section 201 of this Act for the

18  taxable year.

19  (6) Liability for tax. Except as provided in this

20  paragraph, a partnership or Subchapter S making the

21  election under paragraph (1) is liable for the

22  entity-level tax imposed under paragraph (2). If the

23  electing partnership or corporation fails to pay the full

24  amount of tax deemed assessed under paragraph (2), the

25  partners or shareholders shall be liable to pay the tax

26  assessed (including penalties and interest). Each partner
    SB3019 Enrolled  - 1335 - LRB104 20255 HLH 33706 b

1   or shareholder shall be liable for the unpaid assessment

2   based on the ratio of the partner's or shareholder's share

3   of the net income of the partnership over the total net

4   income of the partnership. If the partnership or

5   Subchapter S corporation fails to pay the tax assessed

6   (including penalties and interest) and thereafter an

7   amount of such tax is paid by the partners or

8   shareholders, such amount shall not be collected from the

9   partnership or corporation.

10  (7) Foreign tax. For purposes of the credit allowed

11  under Section 601(b)(3) of this Act, tax paid by a

12  partnership or Subchapter S corporation to another state

13  which, as determined by the Department, is substantially

14  similar to the tax imposed under this subsection, shall be

15  considered tax paid by the partner or shareholder to the

16  extent that the partner's or shareholder's share of the

17  income of the partnership or Subchapter S corporation

18  allocated and apportioned to such other state bears to the

19  total income of the partnership or Subchapter S

20  corporation allocated or apportioned to such other state.

21  (8) Suspension of withholding. The provisions of

22  Section 709.5 of this Act shall not apply to a partnership

23  or Subchapter S corporation for the taxable year for which

24  an election under paragraph (1) is in effect.

25  (9) Requirement to pay estimated tax. For each taxable

26  year for which an election under paragraph (1) is in
    SB3019 Enrolled  - 1336 - LRB104 20255 HLH 33706 b

1   effect, a partnership or Subchapter S corporation is

2   required to pay estimated tax for such taxable year under

3   Sections 803 and 804 of this Act if the amount payable as

4   estimated tax can reasonably be expected to exceed $500.

5   (10) The provisions of this subsection shall apply

6   only with respect to taxable years for which the

7   limitation on individual deductions applies under Section

8   164(b)(6) of the Internal Revenue Code.

9 (Source: P.A. 103-9, eff. 6-7-23; 103-396, eff. 1-1-24;

10 103-595, eff. 6-26-24; 103-605, eff. 7-1-24; 104-453, eff.

11 12-12-25.)

12                   ARTICLE 140

13  Section 140-5. The Illinois Administrative Procedure Act

14 is amended by adding Section 5-45.71 as follows:

15  (5 ILCS 100/5-45.71 new)

16  Sec. 5-45.71. Emergency rulemaking; Illinois Gaming Board.

17 To provide for the expeditious and timely implementation of

18 Sections 25-120 through 25-120.8 of the Sports Wagering Act,

19 emergency rules implementing Sections 25-120 through 25-120.8

20 of the Sports Wagering Act may be adopted in accordance with

21 Section 5-45 by the Illinois Gaming Board. The adoption of

22 emergency rules authorized by Section 5-45 and this Section is

23 deemed to be necessary for the public interest, safety, and
    SB3019 Enrolled        - 1337 - LRB104 20255 HLH 33706 b

1 welfare.

2   This Section is repealed one year after the effective date

3 of this amendatory Act of the 104th General Assembly.

4   Section 140-10. The Sports Wagering Act is amended by

5 changing Sections 25-10, 25-25, 25-45, and 25-100 and by

6 adding Sections 25-120, 25-120.1, 25-120.2, 25-120.3,

7 25-120.4, 25-120.5, 25-120.6, 25-120.7, and 25-120.8 as

8 follows:

9   (230 ILCS 45/25-10)

10  Sec. 25-10. Definitions. As used in this Act:

11  "Adjusted gross sports wagering receipts" means a master

12 sports wagering licensee's gross sports wagering receipts,

13 less winnings paid to wagerers in such games.

14  "Athlete" means any current or former professional athlete

15 or collegiate athlete.

16  "Board" means the Illinois Gaming Board.

17  "Covered persons" includes athletes; umpires, referees,

18 and officials; personnel associated with clubs, teams,

19 leagues, and athletic associations; medical professionals

20 (including athletic trainers) who provide services to athletes

21 and players; and the family members and associates of these

22 persons where required to serve the purposes of this Act.

23  "Department" means the Department of the Lottery.

24  "Gaming facility" means a facility at which gambling
    SB3019 Enrolled  - 1338 - LRB104 20255 HLH 33706 b

1 operations are conducted under the Illinois Gambling Act,

2 pari-mutuel wagering is conducted under the Illinois Horse

3 Racing Act of 1975, or sports wagering is conducted under this

4 Act.

5   "Official league data" means statistics, results,

6 outcomes, and other data related to a sports event obtained

7 pursuant to an agreement with the relevant sports governing

8 body, or an entity expressly authorized by the sports

9 governing body to provide such information to licensees, that

10 authorizes the use of such data for determining the outcome of

11 tier 2 sports wagers on such sports events.

12  "Organization licensee" has the meaning given to that term

13 in the Illinois Horse Racing Act of 1975.

14  "Owners licensee" means the holder of an owners license

15 under the Illinois Gambling Act.

16  "Person" means an individual, partnership, committee,

17 association, corporation, or any other organization or group

18 of persons.

19  "Personal biometric data" means an athlete's information

20 derived from DNA, heart rate, blood pressure, perspiration

21 rate, internal or external body temperature, hormone levels,

22 glucose levels, hydration levels, vitamin levels, bone

23 density, muscle density, and sleep patterns.

24  "Prohibited conduct" includes any statement, action, and

25 other communication intended to influence, manipulate, or

26 control a betting outcome of a sporting contest or of any
    SB3019 Enrolled  - 1339 - LRB104 20255 HLH 33706 b

1 individual occurrence or performance in a sporting contest in

2 exchange for financial gain or to avoid financial or physical

3 harm. "Prohibited conduct" includes statements, actions, and

4 communications made to a covered person by a third party, such

5 as a family member or through social media. "Prohibited

6 conduct" does not include statements, actions, or

7 communications made or sanctioned by a team or sports

8 governing body.

9   "Qualified applicant" means an applicant for a license

10 under this Act whose application meets the mandatory minimum

11 qualification criteria as required by the Board.

12  "Sporting contest" means a sports event or game on which

13 the State allows sports wagering to occur under this Act.

14  "Sports event" means a professional sport or athletic

15 event, a collegiate sport or athletic event, a motor race

16 event, or any other event or competition of relative skill

17 authorized by the Board under this Act.

18  "Sports facility" means a facility that hosts sports

19 events and holds a seating capacity greater than 17,000

20 persons, except in a municipality with a population of more

21 than 1,000,000, a seating capacity greater than 10,000

22 persons.

23  "Sports governing body" means the organization that

24 prescribes final rules and enforces codes of conduct with

25 respect to a sports event and participants therein.

26  "Sports wagering" means accepting wagers on sports events
    SB3019 Enrolled       - 1340 - LRB104 20255 HLH 33706 b

1 or portions of sports events, or on the individual performance

2 statistics of athletes in a sports event or combination of

3 sports events, by any system or method of wagering, including,

4 but not limited to, in person or over the Internet through

5 websites and on mobile devices. "Sports wagering" includes,

6 but is not limited to, single-game bets, teaser bets, parlays,

7 over-under, moneyline, pools, exchange wagering, in-game

8 wagering, in-play bets, proposition bets, and straight bets.

9 "Sports wagering" does not include fantasy contests as that

10 term is defined in Section 25-120.1.

11  "Sports wagering account" means a financial record

12 established by a master sports wagering licensee for an

13 individual patron in which the patron may deposit and withdraw

14 funds for sports wagering and other authorized purchases and

15 to which the master sports wagering licensee may credit

16 winnings or other amounts due to that patron or authorized by

17 that patron.

18  "Tier 1 sports wager" means a sports wager that is

19 determined solely by the final score or final outcome of the

20 sports event and is placed before the sports event has begun.

21  "Tier 2 sports wager" means a sports wager that is not a

22 tier 1 sports wager.

23  "Wager" means a sum of money or thing of value risked on an

24 uncertain occurrence.

25  "Winning bidder" means a qualified applicant for a master

26 sports wagering license chosen through the competitive
    SB3019 Enrolled            - 1341 - LRB104 20255 HLH 33706 b

1 selection process under Section 25-45.
2 (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)

3   (230 ILCS 45/25-25)

4   Sec. 25-25. Sports wagering authorized.

5   (a) Notwithstanding any provision of law to the contrary,

6 the operation of sports wagering is only lawful when conducted

7 in accordance with the provisions of this Act and the rules of

8 the Illinois Gaming Board and the Department of the Lottery.

9   (b) A person placing a wager under this Act shall be at

10 least 21 years of age.

11  (c) A licensee under this Act may not accept a wager on a

12 minor league sports event.

13  (d) Except as otherwise provided in this Section, a

14 licensee under this Act may not accept a wager for a sports

15 event involving an Illinois collegiate team.

16  (d-5) Beginning on the effective date of this amendatory

17 Act of the 102nd General Assembly until July 1, 2024, a

18 licensee under this Act may accept a wager for a sports event

19 involving an Illinois collegiate team if:

20  (1) the wager is a tier 1 wager;

21  (2) the wager is not related to an individual

22  athlete's performance; and

23  (3) the wager is made in person instead of over the

24  Internet or through a mobile application.

25  (e) A licensee under this Act may only accept a wager from
    SB3019 Enrolled  - 1342 - LRB104 20255 HLH 33706 b

1 a person physically located in the State.

2   (f) Master sports wagering licensees may use any data

3 source for determining the results of all tier 1 sports

4 wagers.

5   (g) A sports governing body headquartered in the United

6 States may notify the Board that it desires to supply official

7 league data to master sports wagering licensees for

8 determining the results of tier 2 sports wagers. Such

9 notification shall be made in the form and manner as the Board

10 may require. If a sports governing body does not notify the

11 Board of its desire to supply official league data, a master

12 sports wagering licensee may use any data source for

13 determining the results of any and all tier 2 sports wagers on

14 sports contests for that sports governing body.

15  Within 30 days of a sports governing body notifying the

16 Board, master sports wagering licensees shall use only

17 official league data to determine the results of tier 2 sports

18 wagers on sports events sanctioned by that sports governing

19 body, unless: (1) the sports governing body or designee cannot

20 provide a feed of official league data to determine the

21 results of a particular type of tier 2 sports wager, in which

22 case master sports wagering licensees may use any data source

23 for determining the results of the applicable tier 2 sports

24 wager until such time as such data feed becomes available on

25 commercially reasonable terms; or (2) a master sports wagering

26 licensee can demonstrate to the Board that the sports
    SB3019 Enrolled          - 1343 - LRB104 20255 HLH 33706 b

1 governing body or its designee cannot provide a feed of

2 official league data to the master sports wagering licensee on

3 commercially reasonable terms. During the pendency of the

4 Board's determination, such master sports wagering licensee

5 may use any data source for determining the results of any and

6 all tier 2 sports wagers.

7   (h) A licensee under this Act may not accept wagers on a

8 kindergarten through 12th grade sports event.

9   (i) A licensee may offer pool sports wagering to State

10 patrons where State patrons compete against patrons located

11 outside of the State. In such cases, the pool must be expressly

12 permitted in all jurisdictions in which it is offered and must

13 comply with all laws, rules, and regulations in all

14 jurisdictions in which it is offered. The adjusted gross

15 sports wagering receipts of an interstate pool shall be

16 determined by the total value of all wagers placed in the State

17 less the proportional pro rata value of all winnings paid to

18 patrons. The pro rata value of all winnings shall be

19 determined by the ratio of the total value of all wagers placed

20 in the State divided by the total value of all wagers placed in

21 the pool, to the nearest .01%.

22 (Source: P.A. 102-689, eff. 12-17-21; 103-4, eff. 5-31-23.)

23  (230 ILCS 45/25-45)

24  Sec. 25-45. Master sports wagering license issued to an

25 online sports wagering operator.
    SB3019 Enrolled  - 1344 - LRB104 20255 HLH 33706 b

1   (a) The Board may issue master sports wagering licenses to

2 persons to conduct sports wagering over the Internet or

3 through a mobile application. The Board shall issue 3 master

4 sports wagering licenses to online sports wagering operators

5 for a nonrefundable license fee of $20,000,000 pursuant to an

6 open and competitive selection process. The master sports

7 wagering license issued under this Section may be renewed

8 every 4 years upon payment of a $1,000,000 renewal fee. To the

9 extent permitted by federal and State law, the Board shall

10 actively seek to achieve racial, ethnic, and geographic

11 diversity when issuing master sports wagering licenses under

12 this Section and encourage minority-owned businesses,

13 women-owned businesses, veteran-owned businesses, and

14 businesses owned by persons with disabilities to apply for

15 licensure.

16  For the purposes of this subsection (a), "minority-owned

17 business", "women-owned business", and "business owned by

18 persons with disabilities" have the meanings given to those

19 terms in Section 2 of the Business Enterprise for Minorities,

20 Women, and Persons with Disabilities Act.

21  (b) Applicants shall pay to the Board a nonrefundable

22 application fee in the amount of $250,000. The initial license

23 fee for a master sports wagering license issued to an online

24 sports wagering operator is $15,000,000. The master sports

25 wagering license is valid for 4 years. Applications for the

26 initial competitive selection occurring after the effective
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1 date of this Act shall be received by the Board within 540 days

2 after the first license is issued under this Act to qualify.

3 The Board shall announce the winning bidders for the initial

4 competitive selection within 630 days after the first license

5 is issued under this Act, and this time frame may be extended

6 at the discretion of the Board.

7   (c) A licensee may renew the master sports wagering

8 license for a period of 4 years by paying a $1,000,000 renewal

9 fee to the Board. The Board shall provide public notice of its

10 intent to solicit applications for master sports wagering

11 licenses under this Section by posting the notice, application

12 instructions, and materials on its website for at least 30

13 calendar days before the applications are due. Failure by an

14 applicant to submit all required information may result in the

15 application being disqualified. The Board may notify an

16 applicant that its application is incomplete and provide an

17 opportunity to cure by rule. Application instructions shall

18 include a brief overview of the selection process and how

19 applications are scored.

20  (d) A master sports wagering licensee may conduct sports

21 wagering over the Internet or through a mobile application. To

22 be eligible for a master sports wagering license under this

23 Section, an applicant must: (1) be at least 21 years of age;

24 (2) not have been convicted of a felony offense or a violation

25 of Article 28 of the Criminal Code of 1961 or the Criminal Code

26 of 2012 or a similar statute of any other jurisdiction; (3) not
    SB3019 Enrolled  - 1346 - LRB104 20255 HLH 33706 b

1 have been convicted of a crime involving dishonesty or moral

2 turpitude; (4) have demonstrated a level of skill or knowledge

3 that the Board determines to be necessary in order to operate

4 sports wagering; and (5) have met standards for the holding of

5 a license as adopted by rules of the Board.

6   The Board may adopt rules to establish additional

7 qualifications and requirements to preserve the integrity and

8 security of sports wagering in this State and to promote and

9 maintain a competitive sports wagering market. After the close

10 of the application period, the Board shall determine whether

11 the applications meet the mandatory minimum qualification

12 criteria and conduct a comprehensive, fair, and impartial

13 evaluation of all qualified applications.

14  (e) (Blank). The Board shall open all qualified

15 applications in a public forum and disclose the applicants'

16 names. The Board shall summarize the terms of the proposals

17 and make the summaries available to the public on its website.

18  (f) (Blank). Not more than 90 days after the publication

19 of the qualified applications, the Board shall identify the

20 winning bidders. In granting the licenses, the Board may give

21 favorable consideration to qualified applicants presenting

22 plans that provide for economic development and community

23 engagement. To the extent permitted by federal and State law,

24 the Board may give favorable consideration to qualified

25 applicants demonstrating commitment to diversity in the

26 workplace.
    SB3019 Enrolled           - 1347 - LRB104 20255 HLH 33706 b

1   (g) (Blank). Upon selection of the winning bidders, the

2 Board shall have a reasonable period of time to ensure

3 compliance with all applicable statutory and regulatory

4 criteria before issuing the licenses. If the Board determines

5 a winning bidder does not satisfy all applicable statutory and

6 regulatory criteria, the Board shall select another bidder

7 from the remaining qualified applicants.

8   (h) (Blank). Nothing in this Section is intended to confer

9 a property or other right, duty, privilege, or interest

10 entitling an applicant to an administrative hearing upon

11 denial of an application.

12  (i) (Blank). Upon issuance of a master sports wagering

13 license to a winning bidder, the information and plans

14 provided in the application become a condition of the license.

15 A master sports wagering licensee under this Section has a

16 duty to disclose any material changes to the application.

17 Failure to comply with the conditions or requirements in the

18 application may subject the master sports wagering licensee

19 under this Section to discipline, including, but not limited

20 to, fines, suspension, and revocation of its license, pursuant

21 to rules adopted by the Board.

22  (j) (Blank). The Board shall disseminate information about

23 the licensing process through media demonstrated to reach

24 large numbers of business owners and entrepreneurs who are

25 minorities, women, veterans, and persons with disabilities.

26  (k) (Blank). The Department of Commerce and Economic
    SB3019 Enrolled       - 1348 - LRB104 20255 HLH 33706 b

1 Opportunity, in conjunction with the Board, shall conduct

2 ongoing, thorough, and comprehensive outreach to businesses

3 owned by minorities, women, veterans, and persons with

4 disabilities about contracting and entrepreneurial

5 opportunities in sports wagering. This outreach shall include,

6 but not be limited to:

7   (1) cooperating and collaborating with other State

8   boards, commissions, and agencies; public and private

9   universities and community colleges; and local governments

10  to target outreach efforts; and

11  (2) working with organizations serving minorities,

12  women, and persons with disabilities to establish and

13  conduct training for employment in sports wagering.

14  (l) (Blank). The Board shall partner with the Department

15 of Labor, the Department of Financial and Professional

16 Regulation, and the Department of Commerce and Economic

17 Opportunity to identify employment opportunities within the

18 sports wagering industry for job seekers and dislocated

19 workers.

20  (m) By March 1, 2020, the Board shall prepare a request for

21 proposals to conduct a study of the online sports wagering

22 industry and market to determine whether there is a compelling

23 interest in implementing remedial measures, including the

24 application of the Business Enterprise Program under the

25 Business Enterprise for Minorities, Women, and Persons with

26 Disabilities Act or a similar program to assist minorities,
    SB3019 Enrolled            - 1349 - LRB104 20255 HLH 33706 b

1 women, and persons with disabilities in the sports wagering

2 industry.

3   As a part of the study, the Board shall evaluate race and

4 gender-neutral programs or other methods that may be used to

5 address the needs of minority and women applicants and

6 minority-owned and women-owned businesses seeking to

7 participate in the sports wagering industry. The Board shall

8 submit to the General Assembly and publish on its website the

9 results of this study by August 1, 2020.

10  If, as a result of the study conducted under this

11 subsection (m), the Board finds that there is a compelling

12 interest in implementing remedial measures, the Board may

13 adopt rules, including emergency rules, to implement remedial

14 measures, if necessary and to the extent permitted by State

15 and federal law, based on the findings of the study conducted

16 under this subsection (m).

17 (Source: P.A. 101-31, eff. 6-28-19.)

18  (230 ILCS 45/25-100)

19  Sec. 25-100. Voluntary self-exclusion program for sports

20 wagering and fantasy contests. Any resident, or non-resident

21 if allowed to participate in sports wagering or fantasy

22 contests, may voluntarily prohibit himself or herself from

23 establishing a sports wagering account or fantasy contest

24 account with a licensee under this Act. The Board and

25 Department shall incorporate the voluntary self-exclusion
    SB3019 Enrolled   - 1350 - LRB104 20255 HLH 33706 b

1 program for sports wagering and fantasy contests into any
2 existing self-exclusion program that it operates on the
3 effective date of this Act.
4 (Source: P.A. 101-31, eff. 6-28-19.)

5   (230 ILCS 45/25-120 new)

6   Sec. 25-120. Fantasy contests; legislative intent. Fantasy

7 contests are legally distinct from sports wagering.

8 Nonetheless, the State seeks to ensure both public confidence

9 and trust in the credibility and integrity of fantasy

10 contests, as well as to protect the public health and general

11 welfare of the people of the State. Therefore, regulatory

12 provisions of this Act are designed to strictly regulate the

13 facilities, persons, associations, and practices related to

14 fantasy contest operations pursuant to the police powers of

15 the State, including comprehensive law enforcement

16 supervision.

17  (230 ILCS 45/25-120.1 new)

18  Sec. 25-120.1. Definitions. As used in Sections 25-120

19 through 25-120.8:

20  "Adjusted gross fantasy contest receipts" means the total

21 gross entry fees collected from fantasy contest participants

22 in the State, less the in-state participant pro rata share of

23 the total cash prizes paid to any participants in those

24 contests.
    SB3019 Enrolled     - 1351 - LRB104 20255 HLH 33706 b

1   "Entry fee" means a nonrefundable cash fee that is paid by

2 or on behalf of a participant, or any other entry method

3 obtained for monetary consideration by the participant and set

4 in advance by a fantasy contest operator granting the

5 participant the right to participate in a fantasy contest.

6   "Fantasy contest" means an online contest of skill between

7 2 or more participants with an entry fee where:

8   (1) the values of all prizes offered to a winning

9   participant are established and made known to the

10  participant in advance of the contest;

11  (2) all winning outcomes reflect the relative

12  knowledge and skill of the participant;

13  (3) the participant assembles, owns, or manages a

14  fictional entry or roster of actual professional or

15  amateur athletes, in real-world sports events, or other

16  event or competition of relative skill authorized by the

17  Board;

18  (4) a participant competes for prizes awarded by a

19  fantasy contest operator based on terms and conditions

20  published by the fantasy contest operator and made known

21  to the participant in advance of the contest;

22  (5) winning outcomes are determined solely by clearly

23  preestablished, objective scoring criteria based on one or

24  more statistical results of the performance of an

25  individual athlete, including, but not limited to, a

26  fantasy score; and
    SB3019 Enrolled            - 1352 - LRB104 20255 HLH 33706 b

1   (6) no winning outcome is entirely based on the score,

2   point spread, or any performance of any single actual team

3   or combination of teams or solely on any single

4   performance of an individual athlete or player in any

5   single actual event.

6   "Fantasy contest" does not include pool sports wagering

7 conducted in accordance with subsection (i) of Section 25-25

8 of the Sports Wagering Act, single-participant contests played

9 against a fantasy contest operator, or contests without an

10 entry fee.

11  "Fantasy contest operator" means a person or entity that

12 offers fantasy contests to members of the public. "Fantasy

13 contest operator" does not include an Internet service

14 provider or a provider of mobile data services merely as a

15 result of that entity's transporting general traffic that may

16 include a fantasy contest.

17  "Large fantasy contest operator" means a fantasy contest

18 operator that had more than 7,500 patrons over the preceding

19 365-day period.

20  "Participant" means an individual who participates in a

21 fantasy contest offered by a fantasy contest operator.

22  "Small fantasy contest operator" means a fantasy contest

23 operator that had 7,500 or fewer patrons over the preceding

24 365-day period.

25  (230 ILCS 45/25-120.2 new)
    SB3019 Enrolled          - 1353 - LRB104 20255 HLH 33706 b

1   Sec. 25-120.2. Board powers.

2   (a) The Board may regulate the conduct of fantasy contest

3 operators under this Act.

4   (b) The Board shall adopt any rules the Board considers

5 necessary for the successful implementation, administration,

6 and enforcement of this Act. Rules proposed by the Board may be

7 adopted as emergency rules under Section 5-45 of the Illinois

8 Administrative Procedure Act.

9   (c) The Board shall levy and collect all fees, surcharges,

10 civil penalties, and, on adjusted gross fantasy contest

11 receipts imposed under this Act, monthly taxes as follows:

12  (1) All application, licensing, and renewal fees

13  collected under this Act shall be deposited in the State

14  Gaming Fund.

15  (2) All taxes collected under Section 25-120.6 shall

16  be deposited into the State Gaming Fund.

17  (3) All civil penalties or fines levied under this

18  Section shall be deposited in accordance with the Illinois

19  Gambling Act.

20  (d) The Board may exercise any other powers necessary to

21 enforce the provisions of this Act that it regulates and the

22 rules of the Board.

23  (e) The Board and fantasy contest operator licensees may

24 cooperate with investigations conducted by law enforcement

25 agencies, including, but not limited to, providing and

26 facilitating the provision of account-level entry and
    SB3019 Enrolled           - 1354 - LRB104 20255 HLH 33706 b

1 participation information.

2   (230 ILCS 45/25-120.3 new)

3   Sec. 25-120.3. Licensure required.

4   (a) Except as otherwise provided in this Section, a person

5 may not offer fantasy contests in this State unless the person

6 is licensed by the Board as a fantasy contest operator. No

7 party other than an owner or key person of a licensee may

8 receive revenue share from the operation of fantasy contests

9 without holding a fantasy contest operator license. A person

10 that knowingly offers fantasy contests in violation of this

11 subsection is guilty of a Class 4 felony.

12  (b) A fantasy contest operator that was offering contests

13 to persons located in the State before the effective date of

14 this amendatory Act of the 104th General Assembly may continue

15 to offer contests to persons located in the State until 90 days

16 after the effective date of rules implementing this amendatory

17 Act of the 104th General Assembly. The Board shall issue a

18 temporary operating permit to a fantasy contest operator that

19 was offering contests to persons located in this State before

20 the effective date of this amendatory Act of the 104th General

21 Assembly if the fantasy contest operator files an application

22 for licensure with the Board and pays the required license

23 application fee within 90 days of the effective date of rules

24 implementing this amendatory Act of the 104th General

25 Assembly, subject to Board rules. A holder of a temporary
    SB3019 Enrolled          - 1355 - LRB104 20255 HLH 33706 b

1 operating permit may continue to offer fantasy sports contests

2 until a final licensing decision is made by the Board.

3   (c) The burden is upon each applicant to demonstrate the

4 applicant's suitability for licensure. An applicant for a

5 license issued under this Act shall submit an application to

6 the Board in the form the Board requires. Each person seeking

7 licensure shall submit to a background investigation conducted

8 by the Board with the assistance of the Illinois State Police

9 or other law enforcement.

10  (1) To the extent that the corporate structure of the

11  applicant allows, the background investigation shall

12  include any or all of the following as the Board deems

13  appropriate or as provided by rule for each category of

14  licensure:

15  (A) each beneficiary of a trust;

16  (B) each partner of a partnership;

17  (C) each member of a limited liability company;

18  (D) each director and officer of a publicly or

19  nonpublicly held corporation;

20  (E) each stockholder of a nonpublicly held

21  corporation;

22  (F) each stockholder of 5% or more of a publicly

23  held corporation; or

24  (G) each stockholder of 5% or more in a parent or

25  subsidiary corporation.

26  (2) Each applicant shall disclose the identity of
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1   every person, association, trust, corporation, or limited

2   liability company having a greater than 1% direct or

3   indirect pecuniary interest in the fantasy contest for

4   which the license is sought. If the disclosed entity is a

5   trust, the application shall disclose the names and

6   addresses of the beneficiaries; if a corporation, the

7   names and addresses of all stockholders and directors; if

8   a limited liability company, the names and addresses of

9   all members; or if a partnership, the names and addresses

10  of all partners, both general and limited.

11  (d) To be eligible for a fantasy contest operator license

12 under this Section, an applicant and its key persons must at

13 minimum:

14  (1) be at least 21 years of age;

15  (2) not have been convicted of a felony offense or a

16  violation of Article 28 of the Criminal Code of 1961 or the

17  Criminal Code of 2012 or a similar statute of any other

18  jurisdiction;

19  (3) not have been convicted of a crime involving

20  dishonesty or moral turpitude;

21  (4) have demonstrated a level of skill or knowledge

22  that the Board determines to be necessary in order to

23  operate fantasy contests; and

24  (5) have met standards for the holding of a license as

25  adopted by rules of the Board.

26  (e) No person may be licensed if that person has been found
    SB3019 Enrolled  - 1357 - LRB104 20255 HLH 33706 b

1 by the Board to:

2   (1) have a background, including a criminal record,

3   reputation, habits, social or business associations, or

4   prior activities that pose a threat to the public

5   interests of the State or to the security and integrity of

6   fantasy contest operations;

7   (2) create or enhance the dangers of unsuitable,

8   unfair, or illegal practices, methods, and activities in

9   the conduct of fantasy contest operations; or

10  (3) present questionable business practices and

11  financial arrangements incidental to the conduct of

12  fantasy contest operations.

13  (f) An applicant shall not be denied licensure on the

14 basis of having previously offered or conducted single-player

15 contests against the operator, so long as no such contests

16 were offered by the applicant after the effective date of this

17 amendatory Act of the 104th General Assembly.

18  (g) On receipt of a completed application and the required

19 fee, the Board shall conduct the necessary background

20 investigation to determine if the applicant meets the

21 qualifications for licensure. On completion of the necessary

22 background investigation, the Board shall either issue a

23 license or deny the application. The Board shall establish

24 procedures to conduct hearings for any person denied

25 licensure.

26  (h) The Board has designated 2 categories of fantasy
    SB3019 Enrolled     - 1358 - LRB104 20255 HLH 33706 b

1 contest operator, a large fantasy contest operator and a small

2 fantasy contest operator. A small fantasy contest operator

3 shall pay an application and initial license fee of $500 at the

4 time of application. A large fantasy contest operator shall

5 pay an application and initial license fee of $7,500 at the

6 time of application.

7   (i) The term of an initial license shall be 2 years.

8   (j) A large fantasy contest operator shall pay a fantasy

9 contest operator license renewal fee of $5,000 within 30 days

10 of the renewal of a license. A small fantasy contest operator

11 shall pay a fantasy contest operator license renewal fee of

12 $300 within 30 days of the renewal of a license. The license

13 shall be renewed every 2 years.

14  (230 ILCS 45/25-120.4 new)

15  Sec. 25-120.4. Conduct of contests.

16  (a) Any fantasy contest conducted under this Act does not

17 constitute gambling for any purpose, including under Article

18 28 of the Criminal Code of 1961 or the Criminal Code of 2012.

19  (b) A person participating in a fantasy contest under this

20 Act shall be at least 21 years of age.

21  (c) A licensee under this Act may only accept an entry from

22 a person physically located in the State. A fantasy contest

23 operator must use a geolocation system to ensure that a

24 participant is physically present in the State when

25 participating in the fantasy contest unless otherwise
    SB3019 Enrolled         - 1359 - LRB104 20255 HLH 33706 b

1 authorized by the Board.

2   (e) No athlete, competitor, referee, official, coach,

3 manager, medical professional, or athletic trainer or employee

4 or contractor of a team or athletic organization who has

5 access to nonpublic information concerning an athlete or team

6 may engage in fantasy contests involving an event or the

7 performance of an individual in an event in which the person is

8 participating or otherwise has access to nonpublic or

9 exclusive information.

10  (f) No key person or employee of a fantasy contest

11 operator licensee may participate in fantasy contests offered

12 by licensee.

13  (230 ILCS 45/25-120.5 new)

14  Sec. 25-120.5. Duties of licensees.

15  (a) Licensees shall comply with all applicable anti-money

16 laundering standards.

17  (b) Licensees have an affirmative duty to prevent underage

18 participation in fantasy contents. Licensees shall establish

19 technical and operational measures to prevent underage

20 participation in a fantasy contest.

21  (c) Licensees shall implement identity verification

22 procedures, consistent with modern best practices, to verify

23 an individual's personally identifiable information and can

24 detect potential prohibited participants.

25  (d) Licensees shall employ mechanisms on the operator's
    SB3019 Enrolled         - 1360 - LRB104 20255 HLH 33706 b

1 platform that are designed to detect and prevent unauthorized

2 accounts and to detect and prevent fraud, money laundering,

3 and collusion.

4   (e) Licensees shall implement geolocation technology to

5 verify that a participant is not accessing the platform from a

6 restricted jurisdiction.

7   (f) Licensees shall make all reasonable efforts to

8 promptly notify the Board of any information relating to:

9   (1) a confirmed breach of the relevant sport's

10  governing body's internal rules and codes of conduct

11  pertaining to participation in real-money fantasy

12  contests;

13  (2) any conduct that corrupts any outcome related to a

14  sports event or sports events for purposes of financial

15  gain, including match fixing; and

16  (3) suspected illegal activities, including use of

17  funds derived from illegal activity, entries to conceal or

18  launder funds derived from illegal activity,

19  multi-accounting, and using false identification.

20  (230 ILCS 45/25-120.6 new)

21  Sec. 25-120.6. Audits and recordkeeping.

22  (a) Licensees shall contract with a certified public

23 accountant to conduct an annual independent audit consistent

24 with generally accepted accounting principles and any

25 additional standards adopted by the Board.
    SB3019 Enrolled  - 1361 - LRB104 20255 HLH 33706 b

1   (b) A licensee's fantasy contest platform must be tested

2 and certified by an independent outside testing laboratory

3 approved by the Board prior to commencement of fantasy

4 contests under this Act. The licensee shall have the fantasy

5 contest platform re-tested and certified on an annual basis.

6   (c) Each licensee shall maintain in a place, secure from

7 theft, loss, or destruction, adequate records of business

8 operations that shall be made available to the Board upon

9 request. These records shall be held for at least as long as

10 prescribed by the records retention schedule published by the

11 Board, or longer if otherwise prescribed by general accounting

12 and auditing procedures, litigation needs, or State or federal

13 law. These records shall be maintained in a manner accessible

14 to the Board or in a digital format prescribed by the Board.

15  (230 ILCS 45/25-120.7 new)

16  Sec. 25-120.7. Tax. Beginning on July 1, 2026, and for

17 each 12-month period thereafter, for the privilege of holding

18 a license to operate fantasy contests under this Act, this

19 State shall impose a privilege tax of 15% on the fantasy

20 contest operator licensee's adjusted gross fantasy contest

21 receipts.

22  (230 ILCS 45/25-120.8 new)

23  Sec. 25-120.8. Responsible gaming.

24  (a) Each fantasy contest operator shall include a
    SB3019 Enrolled       - 1362 - LRB104 20255 HLH 33706 b

1 statement regarding obtaining assistance with gambling

2 problems, the text of which shall be determined by rule by the

3 Department of Human Services, on the licensee's portal,

4 Internet website, or computer or mobile application.

5   (b) Any resident, or nonresident if allowed to participate

6 in fantasy contests, may voluntarily prohibit themselves from

7 establishing an account with a licensee under this Act. The

8 Board shall incorporate the voluntary self-exclusion program

9 for fantasy contests into any existing self-exclusion program

10 that it operates on the effective date of this amendatory Act

11 of the 104th General Assembly.

12  Section 140-15. The Criminal Code of 2012 is amended by

13 changing Section 28-1 and 28-8 as follows:

14  (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)

15  Sec. 28-1. Gambling.

16  (a) A person commits gambling when he or she:

17  (1) knowingly plays a game of chance or skill for

18  money or other thing of value, unless excepted in

19  subsection (b) of this Section;

20  (2) knowingly makes a wager upon the result of any

21  game, contest, or any political nomination, appointment or

22  election;

23  (3) knowingly operates, keeps, owns, uses, purchases,

24  exhibits, rents, sells, bargains for the sale or lease of,
    SB3019 Enrolled         - 1363 - LRB104 20255 HLH 33706 b

1   manufactures or distributes any gambling device;

2   (4) contracts to have or give himself or herself or

3   another the option to buy or sell, or contracts to buy or

4   sell, at a future time, any grain or other commodity

5   whatsoever, or any stock or security of any company, where

6   it is at the time of making such contract intended by both

7   parties thereto that the contract to buy or sell, or the

8   option, whenever exercised, or the contract resulting

9   therefrom, shall be settled, not by the receipt or

10  delivery of such property, but by the payment only of

11  differences in prices thereof; however, the issuance,

12  purchase, sale, exercise, endorsement or guarantee, by or

13  through a person registered with the Secretary of State

14  pursuant to Section 8 of the Illinois Securities Law of

15  1953, or by or through a person exempt from such

16  registration under said Section 8, of a put, call, or

17  other option to buy or sell securities which have been

18  registered with the Secretary of State or which are exempt

19  from such registration under Section 3 of the Illinois

20  Securities Law of 1953 is not gambling within the meaning

21  of this paragraph (4);

22  (5) knowingly owns or possesses any book, instrument

23  or apparatus by means of which bets or wagers have been, or

24  are, recorded or registered, or knowingly possesses any

25  money which he has received in the course of a bet or

26  wager;
    SB3019 Enrolled  - 1364 - LRB104 20255 HLH 33706 b

1   (6) knowingly sells pools upon the result of any game

2   or contest of skill or chance, political nomination,

3   appointment or election;

4   (7) knowingly sets up or promotes any lottery or

5   sells, offers to sell or transfers any ticket or share for

6   any lottery;

7   (8) knowingly sets up or promotes any policy game or

8   sells, offers to sell or knowingly possesses or transfers

9   any policy ticket, slip, record, document or other similar

10  device;

11  (9) knowingly drafts, prints or publishes any lottery

12  ticket or share, or any policy ticket, slip, record,

13  document or similar device, except for such activity

14  related to lotteries, bingo games and raffles authorized

15  by and conducted in accordance with the laws of Illinois

16  or any other state or foreign government;

17  (10) knowingly advertises any lottery or policy game,

18  except for such activity related to lotteries, bingo games

19  and raffles authorized by and conducted in accordance with

20  the laws of Illinois or any other state;

21  (11) knowingly transmits information as to wagers,

22  betting odds, or changes in betting odds by telephone,

23  telegraph, radio, semaphore or similar means; or knowingly

24  installs or maintains equipment for the transmission or

25  receipt of such information; except that nothing in this

26  subdivision (11) prohibits transmission or receipt of such
    SB3019 Enrolled  - 1365 - LRB104 20255 HLH 33706 b

1   information for use in news reporting of sporting events

2   or contests; or

3   (12) knowingly establishes, maintains, or operates an

4   Internet site that permits a person to play a game of

5   chance or skill for money or other thing of value by means

6   of the Internet or to make a wager upon the result of any

7   game, contest, political nomination, appointment, or

8   election by means of the Internet. This item (12) does not

9   apply to activities referenced in items (6), (6.1), (8),

10  (8.1), and (15) of subsection (b) of this Section.

11  (b) Participants in any of the following activities shall

12 not be convicted of gambling:

13  (1) Agreements to compensate for loss caused by the

14  happening of chance including without limitation contracts

15  of indemnity or guaranty and life or health or accident

16  insurance.

17  (2) Offers of prizes, award or compensation to the

18  actual contestants in any bona fide contest for the

19  determination of skill, speed, strength or endurance or to

20  the owners of animals or vehicles entered in such contest.

21  (3) Pari-mutuel betting as authorized by the law of

22  this State.

23  (4) Manufacture of gambling devices, including the

24  acquisition of essential parts therefor and the assembly

25  thereof, for transportation in interstate or foreign

26  commerce to any place outside this State when such
    SB3019 Enrolled        - 1366 - LRB104 20255 HLH 33706 b

1   transportation is not prohibited by any applicable Federal

2   law; or the manufacture, distribution, or possession of

3   video gaming terminals, as defined in the Video Gaming

4   Act, by manufacturers, distributors, and terminal

5   operators licensed to do so under the Video Gaming Act.

6   (5) The game commonly known as "bingo", when conducted

7   in accordance with the Bingo License and Tax Act.

8   (6) Lotteries when conducted by the State of Illinois

9   in accordance with the Illinois Lottery Law. This

10  exemption includes any activity conducted by the

11  Department of Revenue to sell lottery tickets pursuant to

12  the provisions of the Illinois Lottery Law and its rules.

13  (6.1) The purchase of lottery tickets through the

14  Internet for a lottery conducted by the State of Illinois

15  under the program established in Section 7.12 of the

16  Illinois Lottery Law.

17  (7) Possession of an antique slot machine that is

18  neither used nor intended to be used in the operation or

19  promotion of any unlawful gambling activity or enterprise.

20  For the purpose of this subparagraph (b)(7), an antique

21  slot machine is one manufactured 25 years ago or earlier.

22  (8) Raffles and poker runs when conducted in

23  accordance with the Raffles and Poker Runs Act.

24  (8.1) The purchase of raffle chances for a raffle

25  conducted in accordance with the Raffles and Poker Runs

26  Act.
    SB3019 Enrolled  - 1367 - LRB104 20255 HLH 33706 b

1   (9) Charitable games when conducted in accordance with

2   the Charitable Games Act.

3   (10) Pull tabs and jar games when conducted under the

4   Illinois Pull Tabs and Jar Games Act.

5   (11) Gambling games when authorized by the Illinois

6   Gambling Act.

7   (12) Video gaming terminal games at a licensed

8   establishment, licensed truck stop establishment, licensed

9   large truck stop establishment, licensed fraternal

10  establishment, or licensed veterans establishment when

11  conducted in accordance with the Video Gaming Act.

12  (13) Games of skill or chance where money or other

13  things of value can be won but no payment or purchase is

14  required to participate.

15  (14) Savings promotion raffles authorized under

16  Section 5g of the Illinois Banking Act, Section 7008 of

17  the Savings Bank Act, Section 42.7 of the Illinois Credit

18  Union Act, Section 5136B of the National Bank Act (12

19  U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12

20  U.S.C. 1463).

21  (15) Sports wagering when conducted in accordance with

22  the Sports Wagering Act.

23  (16) Fantasy contests conducted in accordance with

24  Sections 25-120 through 25-120.8 of the Sports Wagering

25  Act.

26  (c) Sentence.
    SB3019 Enrolled  - 1368 - LRB104 20255 HLH 33706 b

1   Gambling is a Class A misdemeanor. A second or subsequent

2 conviction under subsections (a)(3) through (a)(12), is a

3 Class 4 felony.

4   (d) Circumstantial evidence.

5   In prosecutions under this Section circumstantial evidence

6 shall have the same validity and weight as in any criminal

7 prosecution.

8 (Source: P.A. 101-31, Article 25, Section 25-915, eff.

9 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;

10 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

11  (720 ILCS 5/28-8) (from Ch. 38, par. 28-8)

12  Sec. 28-8. Gambling losses recoverable.

13  (a) Any person who by gambling shall lose to any other

14 person, any sum of money or thing of value, amounting to the

15 sum of $50 or more and shall pay or deliver the same or any

16 part thereof, may sue for and recover the money or other thing

17 of value, so lost and paid or delivered, in a civil action

18 against the winner thereof, with costs, in the circuit court.

19 No person who accepts from another person for transmission,

20 and transmits, either in his own name or in the name of such

21 other person, any order for any transaction to be made upon, or

22 who executes any order given to him by another person, or who

23 executes any transaction for his own account on, any regular

24 board of trade or commercial, commodity or stock exchange,

25 shall, under any circumstances, be deemed a "winner" of any
    SB3019 Enrolled  - 1369 - LRB104 20255 HLH 33706 b

1 moneys lost by such other person in or through any such

2 transactions.

3   (b) If within 6 months, such person who under the terms of

4 Subsection 28-8(a) is entitled to initiate action to recover

5 his losses does not in fact pursue his remedy, any person may

6 initiate a civil action against the winner. The court or the

7 jury, as the case may be, shall determine the amount of the

8 loss. After such determination, the court shall enter a

9 judgment of triple the amount so determined.

10  (c) Gambling losses as a result of gambling conducted on a

11 video gaming terminal licensed under the Video Gaming Act are

12 not recoverable under this Section.

13  (d) Losses as a result of participation in single-player

14 fantasy contests against a fantasy contest operator prior to

15 the effective date of this amendatory Act of the 104th General

16 Assembly are not recoverable under this Section.

17  (e) Losses as a result of participation in fantasy

18 contests conducted under Sections 25-120 through 25-120.8 of

19 the Sports Wagering Act are not recoverable under this

20 Section.

21 (Source: P.A. 98-31, eff. 6-24-13.)

22                   ARTICLE 150

23  Section 150-5. The Illinois Lottery Law is amended by

24 changing Section 9.1 as follows:
    SB3019 Enrolled        - 1370 - LRB104 20255 HLH 33706 b

1   (20 ILCS 1605/9.1)

2   Sec. 9.1. Private manager and management agreement.

3   (a) As used in this Section:

4   "Offeror" means a person or group of persons that responds

5 to a request for qualifications under this Section.

6   "Request for qualifications" means all materials and

7 documents prepared by the Department to solicit the following

8 from offerors:

9   (1) Statements of qualifications.

10  (2) Proposals to enter into a management agreement,

11  including the identity of any prospective vendor or

12  vendors that the offeror intends to initially engage to

13  assist the offeror in performing its obligations under the

14  management agreement.

15  "Final offer" means the last proposal submitted by an

16 offeror in response to the request for qualifications,

17 including the identity of any prospective vendor or vendors

18 that the offeror intends to initially engage to assist the

19 offeror in performing its obligations under the management

20 agreement.

21  "Final offeror" means the offeror ultimately selected by

22 the Governor to be the private manager for the Lottery under

23 subsection (h) of this Section.

24  (b) By September 15, 2010, the Governor shall select a

25 private manager for the total management of the Lottery with
    SB3019 Enrolled  - 1371 - LRB104 20255 HLH 33706 b

1 integrated functions, such as lottery game design, supply of

2 goods and services, and advertising and as specified in this

3 Section.

4   (c) Pursuant to the terms of this subsection, the

5 Department shall endeavor to expeditiously terminate the

6 existing contracts in support of the Lottery in effect on July

7 13, 2009 (the effective date of Public Act 96-37) in

8 connection with the selection of the private manager. As part

9 of its obligation to terminate these contracts and select the

10 private manager, the Department shall establish a mutually

11 agreeable timetable to transfer the functions of existing

12 contractors to the private manager so that existing Lottery

13 operations are not materially diminished or impaired during

14 the transition. To that end, the Department shall do the

15 following:

16      (1) where such contracts contain a provision

17  authorizing termination upon notice, the Department shall

18  provide notice of termination to occur upon the mutually

19  agreed timetable for transfer of functions;

20      (2) upon the expiration of any initial term or renewal

21  term of the current Lottery contracts, the Department

22  shall not renew such contract for a term extending beyond

23  the mutually agreed timetable for transfer of functions;

24  or

25      (3) in the event any current contract provides for

26  termination of that contract upon the implementation of a
    SB3019 Enrolled            - 1372 - LRB104 20255 HLH 33706 b

1   contract with the private manager, the Department shall

2   perform all necessary actions to terminate the contract on

3   the date that coincides with the mutually agreed timetable

4   for transfer of functions.

5   If the contracts to support the current operation of the

6 Lottery in effect on July 13, 2009 (the effective date of

7 Public Act 96-34) are not subject to termination as provided

8 for in this subsection (c), then the Department may include a

9 provision in the contract with the private manager specifying

10 a mutually agreeable methodology for incorporation.

11  (c-5) The Department shall include provisions in the

12 management agreement whereby the private manager shall, for a

13 fee, and pursuant to a contract negotiated with the Department

14 (the "Employee Use Contract"), utilize the services of current

15 Department employees to assist in the administration and

16 operation of the Lottery. The Department shall be the employer

17 of all such bargaining unit employees assigned to perform such

18 work for the private manager, and such employees shall be

19 State employees, as defined by the Personnel Code. Department

20 employees shall operate under the same employment policies,

21 rules, regulations, and procedures, as other employees of the

22 Department. In addition, neither historical representation

23 rights under the Illinois Public Labor Relations Act, nor

24 existing collective bargaining agreements, shall be disturbed

25 by the management agreement with the private manager for the

26 management of the Lottery.
    SB3019 Enrolled  - 1373 - LRB104 20255 HLH 33706 b

1   (d) The management agreement with the private manager

2 shall include all of the following:

3   (1) A term not to exceed 13 10 years, including any

4   renewals.

5   (2) A provision specifying that the Department:

6   (A) shall exercise actual control over all

7   significant business decisions;

8   (A-5) has the authority to direct or countermand

9   operating decisions by the private manager at any

10  time;

11  (B) has ready access at any time to information

12  regarding Lottery operations;

13  (C) has the right to demand and receive

14  information from the private manager concerning any

15  aspect of the Lottery operations at any time; and

16  (D) retains ownership of all trade names,

17  trademarks, and intellectual property associated with

18  the Lottery.

19  (3) A provision imposing an affirmative duty on the

20  private manager to provide the Department with material

21  information and with any information the private manager

22  reasonably believes the Department would want to know to

23  enable the Department to conduct the Lottery.

24  (4) A provision requiring the private manager to

25  provide the Department with advance notice of any

26  operating decision that bears significantly on the public
    SB3019 Enrolled  - 1374 - LRB104 20255 HLH 33706 b

1   interest, including, but not limited to, decisions on the

2   kinds of games to be offered to the public and decisions

3   affecting the relative risk and reward of the games being

4   offered, so the Department has a reasonable opportunity to

5   evaluate and countermand that decision.

6   (5) A provision providing for compensation of the

7   private manager that may consist of, among other things, a

8   fee for services and a performance based bonus as

9   consideration for managing the Lottery, including terms

10  that may provide the private manager with an increase in

11  compensation if Lottery revenues grow by a specified

12  percentage in a given year.

13  (6) (Blank).

14  (7) A provision requiring the deposit of all Lottery

15  proceeds to be deposited into the State Lottery Fund

16  except as otherwise provided in Section 20 of this Act.

17  (8) A provision requiring the private manager to

18  locate its principal office within the State.

19  (8-5) A provision encouraging that at least 20% of the

20  cost of contracts entered into for goods and services by

21  the private manager in connection with its management of

22  the Lottery, other than contracts with sales agents or

23  technical advisors, be awarded to businesses that are a

24  minority-owned business, a women-owned business, or a

25  business owned by a person with disability, as those terms

26  are defined in the Business Enterprise for Minorities,
    SB3019 Enrolled      - 1375 - LRB104 20255 HLH 33706 b

1   Women, and Persons with Disabilities Act.

2   (9) A requirement that so long as the private manager

3   complies with all the conditions of the agreement under

4   the oversight of the Department, the private manager shall

5   have the following duties and obligations with respect to

6   the management of the Lottery:

7   (A) The right to use equipment and other assets

8   used in the operation of the Lottery.

9   (B) The rights and obligations under contracts

10  with retailers and vendors.

11  (C) The implementation of a comprehensive security

12  program by the private manager.

13  (D) The implementation of a comprehensive system

14  of internal audits.

15  (E) The implementation of a program by the private

16  manager to curb compulsive gambling by persons playing

17  the Lottery.

18  (F) A system for determining (i) the type of

19  Lottery games, (ii) the method of selecting winning

20  tickets, (iii) the manner of payment of prizes to

21  holders of winning tickets, (iv) the frequency of

22  drawings of winning tickets, (v) the method to be used

23  in selling tickets, (vi) a system for verifying the

24  validity of tickets claimed to be winning tickets,

25  (vii) the basis upon which retailer commissions are

26  established by the manager, and (viii) minimum
    SB3019 Enrolled          - 1376 - LRB104 20255 HLH 33706 b

1   payouts.

2   (10) A requirement that advertising and promotion must

3   be consistent with Section 7.8a of this Act.

4   (11) A requirement that the private manager market the

5   Lottery to those residents who are new, infrequent, or

6   lapsed players of the Lottery, especially those who are

7   most likely to make regular purchases on the Internet as

8   permitted by law.

9   (12) A code of ethics for the private manager's

10  officers and employees.

11  (13) A requirement that the Department monitor and

12  oversee the private manager's practices and take action

13  that the Department considers appropriate to ensure that

14  the private manager is in compliance with the terms of the

15  management agreement, while allowing the manager, unless

16  specifically prohibited by law or the management

17  agreement, to negotiate and sign its own contracts with

18  vendors.

19  (14) A provision requiring the private manager to

20  periodically file, at least on an annual basis,

21  appropriate financial statements in a form and manner

22  acceptable to the Department.

23  (15) Cash reserves requirements.

24  (16) Procedural requirements for obtaining the prior

25  approval of the Department when a management agreement or

26  an interest in a management agreement is sold, assigned,
    SB3019 Enrolled         - 1377 - LRB104 20255 HLH 33706 b

1   transferred, or pledged as collateral to secure financing.

2   (17) Grounds for the termination of the management

3   agreement by the Department or the private manager.

4   (18) Procedures for amendment of the agreement.

5   (19) A provision requiring the private manager to

6   engage in an open and competitive bidding process for any

7   procurement having a cost in excess of $50,000 that is not

8   a part of the private manager's final offer. The process

9   shall favor the selection of a vendor deemed to have

10  submitted a proposal that provides the Lottery with the

11  best overall value. The process shall not be subject to

12  the provisions of the Illinois Procurement Code, unless

13  specifically required by the management agreement.

14  (20) The transition of rights and obligations,

15  including any associated equipment or other assets used in

16  the operation of the Lottery, from the manager to any

17  successor manager of the lottery, including the

18  Department, following the termination of or foreclosure

19  upon the management agreement.

20  (21) Right of use of copyrights, trademarks, and

21  service marks held by the Department in the name of the

22  State. The agreement must provide that any use of them by

23  the manager shall only be for the purpose of fulfilling

24  its obligations under the management agreement during the

25  term of the agreement.

26  (22) The disclosure of any information requested by
    SB3019 Enrolled        - 1378 - LRB104 20255 HLH 33706 b

1   the Department to enable it to comply with the reporting

2   requirements and information requests provided for under

3   subsection (p) of this Section.

4   (e) Notwithstanding any other law to the contrary, the

5 Department shall select a private manager through a

6 competitive request for qualifications process consistent with

7 Section 20-35 of the Illinois Procurement Code, which shall

8 take into account:

9   (1) the offeror's ability to market the Lottery to

10  those residents who are new, infrequent, or lapsed players

11  of the Lottery, especially those who are most likely to

12  make regular purchases on the Internet;

13  (2) the offeror's ability to address the State's

14  concern with the social effects of gambling on those who

15  can least afford to do so;

16  (3) the offeror's ability to provide the most

17  successful management of the Lottery for the benefit of

18  the people of the State based on current and past business

19  practices or plans of the offeror; and

20  (4) the offeror's poor or inadequate past performance

21  in servicing, equipping, operating or managing a lottery

22  on behalf of Illinois, another State or foreign government

23  and attracting persons who are not currently regular

24  players of a lottery.

25  (f) The Department may retain the services of an advisor

26 or advisors with significant experience in financial services
SB3019 Enrolled  - 1379 - LRB104 20255 HLH 33706 b

 1 or the management, operation, and procurement of goods,
 2 services, and equipment for a government-run lottery to assist
 3 in the preparation of the terms of the request for
 4 qualifications and selection of the private manager. Any
 5 prospective advisor seeking to provide services under this
 6 subsection (f) shall disclose any material business or
 7 financial relationship during the past 3 years with any
 8 potential offeror, or with a contractor or subcontractor
 9 presently providing goods, services, or equipment to the
10 Department to support the Lottery. The Department shall
11 evaluate the material business or financial relationship of
12 each prospective advisor. The Department shall not select any
13 prospective advisor with a substantial business or financial
14 relationship that the Department deems to impair the
15 objectivity of the services to be provided by the prospective
16 advisor. During the course of the advisor's engagement by the
17 Department, and for a period of one year thereafter, the
18 advisor shall not enter into any business or financial
19 relationship with any offeror or any vendor identified to
20 assist an offeror in performing its obligations under the
21 management agreement. Any advisor retained by the Department
22 shall be disqualified from being an offeror. The Department
23 shall not include terms in the request for qualifications that
24 provide a material advantage whether directly or indirectly to
25 any potential offeror, or any contractor or subcontractor
26 presently providing goods, services, or equipment to the
    SB3019 Enrolled   - 1380 - LRB104 20255 HLH 33706 b

1 Department to support the Lottery, including terms contained

2 in previous responses to requests for proposals or

3 qualifications submitted to Illinois, another State or foreign

4 government when those terms are uniquely associated with a

5 particular potential offeror, contractor, or subcontractor.

6 The request for proposals offered by the Department on

7 December 22, 2008 as "LOT08GAMESYS" and reference number

8 "22016176" is declared void.

9   (g) The Department shall select at least 2 offerors as

10 finalists to potentially serve as the private manager no later

11 than August 9, 2010. Upon making preliminary selections, the

12 Department shall schedule a public hearing on the finalists'

13 proposals and provide public notice of the hearing at least 7

14 calendar days before the hearing. The notice must include all

15 of the following:

16  (1) The date, time, and place of the hearing.

17  (2) The subject matter of the hearing.

18  (3) A brief description of the management agreement to

19  be awarded.

20  (4) The identity of the offerors that have been

21  selected as finalists to serve as the private manager.

22  (5) The address and telephone number of the

23  Department.

24  (h) At the public hearing, the Department shall (i)

25 provide sufficient time for each finalist to present and

26 explain its proposal to the Department and the Governor or the
    SB3019 Enrolled      - 1381 - LRB104 20255 HLH 33706 b

1 Governor's designee, including an opportunity to respond to

2 questions posed by the Department, Governor, or designee and

3 (ii) allow the public and non-selected offerors to comment on

4 the presentations. The Governor or a designee shall attend the

5 public hearing. After the public hearing, the Department shall

6 have 14 calendar days to recommend to the Governor whether a

7 management agreement should be entered into with a particular

8 finalist. After reviewing the Department's recommendation, the

9 Governor may accept or reject the Department's recommendation,

10 and shall select a final offeror as the private manager by

11 publication of a notice in the Illinois Procurement Bulletin

12 on or before September 15, 2010. The Governor shall include in

13 the notice a detailed explanation and the reasons why the

14 final offeror is superior to other offerors and will provide

15 management services in a manner that best achieves the

16 objectives of this Section. The Governor shall also sign the

17 management agreement with the private manager.

18  (i) Any action to contest the private manager selected by

19 the Governor under this Section must be brought within 7

20 calendar days after the publication of the notice of the

21 designation of the private manager as provided in subsection

22 (h) of this Section.

23  (j) The Lottery shall remain, for so long as a private

24 manager manages the Lottery in accordance with provisions of

25 this Act, a Lottery conducted by the State, and the State shall

26 not be authorized to sell or transfer the Lottery to a third
    SB3019 Enrolled       - 1382 - LRB104 20255 HLH 33706 b

1 party.

2   (k) Any tangible personal property used exclusively in

3 connection with the lottery that is owned by the Department

4 and leased to the private manager shall be owned by the

5 Department in the name of the State and shall be considered to

6 be public property devoted to an essential public and

7 governmental function.

8   (l) The Department may exercise any of its powers under

9 this Section or any other law as necessary or desirable for the

10 execution of the Department's powers under this Section.

11  (m) Neither this Section nor any management agreement

12 entered into under this Section prohibits the General Assembly

13 from authorizing forms of gambling that are not in direct

14 competition with the Lottery. The forms of gambling authorized

15 by Public Act 101-31 constitute authorized forms of gambling

16 that are not in direct competition with the Lottery.

17  (n) The private manager shall be subject to a complete

18 investigation in the third, seventh, and tenth years of the

19 agreement (if the agreement is for a 10-year term) by the

20 Department in cooperation with the Auditor General to

21 determine whether the private manager has complied with this

22 Section and the management agreement. The private manager

23 shall bear the cost of an investigation or reinvestigation of

24 the private manager under this subsection.

25  (o) The powers conferred by this Section are in addition

26 and supplemental to the powers conferred by any other law. If
    SB3019 Enrolled  - 1383 - LRB104 20255 HLH 33706 b

1 any other law or rule is inconsistent with this Section,

2 including, but not limited to, provisions of the Illinois

3 Procurement Code, then this Section controls as to any

4 management agreement entered into under this Section. This

5 Section and any rules adopted under this Section contain full

6 and complete authority for a management agreement between the

7 Department and a private manager. No law, procedure,

8 proceeding, publication, notice, consent, approval, order, or

9 act by the Department or any other officer, Department,

10 agency, or instrumentality of the State or any political

11 subdivision is required for the Department to enter into a

12 management agreement under this Section. This Section contains

13 full and complete authority for the Department to approve any

14 contracts entered into by a private manager with a vendor

15 providing goods, services, or both goods and services to the

16 private manager under the terms of the management agreement,

17 including subcontractors of such vendors.

18  Upon receipt of a written request from the Chief

19 Procurement Officer, the Department shall provide to the Chief

20 Procurement Officer a complete and un-redacted copy of the

21 management agreement or any contract that is subject to the

22 Department's approval authority under this subsection (o). The

23 Department shall provide a copy of the agreement or contract

24 to the Chief Procurement Officer in the time specified by the

25 Chief Procurement Officer in his or her written request, but

26 no later than 5 business days after the request is received by
    SB3019 Enrolled  - 1384 - LRB104 20255 HLH 33706 b

1 the Department. The Chief Procurement Officer must retain any

2 portions of the management agreement or of any contract

3 designated by the Department as confidential, proprietary, or

4 trade secret information in complete confidence pursuant to

5 subsection (g) of Section 7 of the Freedom of Information Act.

6 The Department shall also provide the Chief Procurement

7 Officer with reasonable advance written notice of any contract

8 that is pending Department approval.

9   Notwithstanding any other provision of this Section to the

10 contrary, the Chief Procurement Officer shall adopt

11 administrative rules, including emergency rules, to establish

12 a procurement process to select a successor private manager if

13 a private management agreement has been terminated. The

14 selection process shall at a minimum take into account the

15 criteria set forth in items (1) through (4) of subsection (e)

16 of this Section and may include provisions consistent with

17 subsections (f), (g), (h), and (i) of this Section. The Chief

18 Procurement Officer shall also implement and administer the

19 adopted selection process upon the termination of a private

20 management agreement. The Department, after the Chief

21 Procurement Officer certifies that the procurement process has

22 been followed in accordance with the rules adopted under this

23 subsection (o), shall select a final offeror as the private

24 manager and sign the management agreement with the private

25 manager.

26  Through June 30, 2022, except as provided in Sections
    SB3019 Enrolled  - 1385 - LRB104 20255 HLH 33706 b

1 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13

2 of this Act and Section 25-70 of the Sports Wagering Act, the

3 Department shall distribute all proceeds of lottery tickets

4 and shares sold in the following priority and manner:

5   (1) The payment of prizes and retailer bonuses.

6   (2) The payment of costs incurred in the operation and

7   administration of the Lottery, including the payment of

8   sums due to the private manager under the management

9   agreement with the Department.

10  (3) On the last day of each month or as soon thereafter

11  as possible, the State Comptroller shall direct and the

12  State Treasurer shall transfer from the State Lottery Fund

13  to the Common School Fund an amount that is equal to the

14  proceeds transferred in the corresponding month of fiscal

15  year 2009, as adjusted for inflation, to the Common School

16  Fund.

17  (4) On or before September 30 of each fiscal year,

18  deposit any estimated remaining proceeds from the prior

19  fiscal year, subject to payments under items (1), (2), and

20  (3), into the Capital Projects Fund. Beginning in fiscal

21  year 2019, the amount deposited shall be increased or

22  decreased each year by the amount the estimated payment

23  differs from the amount determined from each year-end

24  financial audit. Only remaining net deficits from prior

25  fiscal years may reduce the requirement to deposit these

26  funds, as determined by the annual financial audit.
    SB3019 Enrolled       - 1386 - LRB104 20255 HLH 33706 b

1   Beginning July 1, 2022, the Department shall distribute

2 all proceeds of lottery tickets and shares sold in the manner

3 and priority described in Section 9.3 of this Act, except that

4 the Department shall make the deposit into the Capital

5 Projects Fund that would have occurred under item (4) of this

6 subsection (o) on or before September 30, 2022, but for the

7 changes made to this subsection by Public Act 102-699.

8   (p) The Department shall be subject to the following

9 reporting and information request requirements:

10  (1) the Department shall submit written quarterly

11  reports to the Governor and the General Assembly on the

12  activities and actions of the private manager selected

13  under this Section;

14  (2) upon request of the Chief Procurement Officer, the

15  Department shall promptly produce information related to

16  the procurement activities of the Department and the

17  private manager requested by the Chief Procurement

18  Officer; the Chief Procurement Officer must retain

19  confidential, proprietary, or trade secret information

20  designated by the Department in complete confidence

21  pursuant to subsection (g) of Section 7 of the Freedom of

22  Information Act; and

23  (3) at least 30 days prior to the beginning of the

24  Department's fiscal year, the Department shall prepare an

25  annual written report on the activities of the private

26  manager selected under this Section and deliver that
    SB3019 Enrolled  - 1387 - LRB104 20255 HLH 33706 b

1   report to the Governor and General Assembly.

2 (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;

3 101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.

4 4-19-22; 102-1115, eff. 1-9-23.)

5                    ARTICLE 155

6   Section 155-5. The Retailers' Occupation Tax Act is

7 amended by changing Section 3 as follows:

8   (35 ILCS 120/3)

9   (Text of Section before amendment by P.A. 104-457)

10  Sec. 3. Except as provided in this Section, on or before

11 the twentieth day of each calendar month, every person engaged

12 in the business of selling, which, on and after January 1,

13 2025, includes leasing, tangible personal property at retail

14 in this State during the preceding calendar month shall file a

15 return with the Department, stating:

16  1. The name of the seller;

17  2. His residence address and the address of his

18  principal place of business and the address of the

19  principal place of business (if that is a different

20  address) from which he engages in the business of selling

21  tangible personal property at retail in this State;

22  3. Total amount of receipts received by him during the

23  preceding calendar month or quarter, as the case may be,
    SB3019 Enrolled    - 1388 - LRB104 20255 HLH 33706 b

1   from sales of tangible personal property, and from

2   services furnished, by him during such preceding calendar

3   month or quarter;

4   4. Total amount received by him during the preceding

5   calendar month or quarter on charge and time sales of

6   tangible personal property, and from services furnished,

7   by him prior to the month or quarter for which the return

8   is filed;

9   5. Deductions allowed by law;

10  6. Gross receipts which were received by him during

11  the preceding calendar month or quarter and upon the basis

12  of which the tax is imposed, including gross receipts on

13  food for human consumption that is to be consumed off the

14  premises where it is sold (other than alcoholic beverages,

15  food consisting of or infused with adult use cannabis,

16  soft drinks, and food that has been prepared for immediate

17  consumption) which were received during the preceding

18  calendar month or quarter and upon which tax would have

19  been due but for the 0% rate imposed under Public Act

20  102-700;

21  7. The amount of credit provided in Section 2d of this

22  Act;

23  8. The amount of tax due, including the amount of tax

24  that would have been due on food for human consumption

25  that is to be consumed off the premises where it is sold

26  (other than alcoholic beverages, food consisting of or
    SB3019 Enrolled          - 1389 - LRB104 20255 HLH 33706 b

1   infused with adult use cannabis, soft drinks, and food

2   that has been prepared for immediate consumption) but for

3   the 0% rate imposed under Public Act 102-700;

4   9. The signature of the taxpayer; and

5   10. Such other reasonable information as the

6   Department may require.

7   In the case of leases, except as otherwise provided in

8 this Act, the lessor must remit for each tax return period only

9 the tax applicable to that part of the selling price actually

10 received during such tax return period.

11  On and after January 1, 2018, except for returns required

12 to be filed prior to January 1, 2023 for motor vehicles,

13 watercraft, aircraft, and trailers that are required to be

14 registered with an agency of this State, with respect to

15 retailers whose annual gross receipts average $20,000 or more,

16 all returns required to be filed pursuant to this Act shall be

17 filed electronically. On and after January 1, 2023, with

18 respect to retailers whose annual gross receipts average

19 $20,000 or more, all returns required to be filed pursuant to

20 this Act, including, but not limited to, returns for motor

21 vehicles, watercraft, aircraft, and trailers that are required

22 to be registered with an agency of this State, shall be filed

23 electronically. Retailers who demonstrate that they do not

24 have access to the Internet or demonstrate hardship in filing

25 electronically may petition the Department to waive the

26 electronic filing requirement.
   SB3019 Enrolled  - 1390 - LRB104 20255 HLH 33706 b

1  If a taxpayer fails to sign a return within 30 days after

2 the proper notice and demand for signature by the Department,

3 the return shall be considered valid and any amount shown to be

4 due on the return shall be deemed assessed.

5  Each return shall be accompanied by the statement of

6 prepaid tax issued pursuant to Section 2e for which credit is

7 claimed.

8  Prior to October 1, 2003 and on and after September 1,

9 2004, a retailer may accept a Manufacturer's Purchase Credit

10 certification from a purchaser in satisfaction of Use Tax as

11 provided in Section 3-85 of the Use Tax Act if the purchaser

12 provides the appropriate documentation as required by Section

13 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

14 certification, accepted by a retailer prior to October 1, 2003

15 and on and after September 1, 2004 as provided in Section 3-85

16 of the Use Tax Act, may be used by that retailer to satisfy

17 Retailers' Occupation Tax liability in the amount claimed in

18 the certification, not to exceed 6.25% of the receipts subject

19 to tax from a qualifying purchase. A Manufacturer's Purchase

20 Credit reported on any original or amended return filed under

21 this Act after October 20, 2003 for reporting periods prior to

22 September 1, 2004 shall be disallowed. Manufacturer's Purchase

23 Credit reported on annual returns due on or after January 1,

24 2005 will be disallowed for periods prior to September 1,

25 2004. No Manufacturer's Purchase Credit may be used after

26 September 30, 2003 through August 31, 2004 to satisfy any tax
    SB3019 Enrolled     - 1391 - LRB104 20255 HLH 33706 b

1 liability imposed under this Act, including any audit

2 liability.

3   Beginning on July 1, 2023 and through December 31, 2032, a

4 retailer may accept a Sustainable Aviation Fuel Purchase

5 Credit certification from an air common carrier-purchaser in

6 satisfaction of Use Tax on aviation fuel as provided in

7 Section 3-87 of the Use Tax Act if the purchaser provides the

8 appropriate documentation as required by Section 3-87 of the

9 Use Tax Act. A Sustainable Aviation Fuel Purchase Credit

10 certification accepted by a retailer in accordance with this

11 paragraph may be used by that retailer to satisfy Retailers'

12 Occupation Tax liability (but not in satisfaction of penalty

13 or interest) in the amount claimed in the certification, not

14 to exceed 6.25% of the receipts subject to tax from a sale of

15 aviation fuel. In addition, for a sale of aviation fuel to

16 qualify to earn the Sustainable Aviation Fuel Purchase Credit,

17 retailers must retain in their books and records a

18 certification from the producer of the aviation fuel that the

19 aviation fuel sold by the retailer and for which a sustainable

20 aviation fuel purchase credit was earned meets the definition

21 of sustainable aviation fuel under Section 3-87 of the Use Tax

22 Act. The documentation must include detail sufficient for the

23 Department to determine the number of gallons of sustainable

24 aviation fuel sold.

25  The Department may require returns to be filed on a

26 quarterly basis. If so required, a return for each calendar
    SB3019 Enrolled  - 1392 - LRB104 20255 HLH 33706 b

1 quarter shall be filed on or before the twentieth day of the

2 calendar month following the end of such calendar quarter. The

3 taxpayer shall also file a return with the Department for each

4 of the first 2 months of each calendar quarter, on or before

5 the twentieth day of the following calendar month, stating:

6   1. The name of the seller;

7   2. The address of the principal place of business from

8   which he engages in the business of selling tangible

9   personal property at retail in this State;

10  3. The total amount of taxable receipts received by

11  him during the preceding calendar month from sales of

12  tangible personal property by him during such preceding

13  calendar month, including receipts from charge and time

14  sales, but less all deductions allowed by law;

15  4. The amount of credit provided in Section 2d of this

16  Act;

17  5. The amount of tax due; and

18  6. Such other reasonable information as the Department

19  may require.

20  Every person engaged in the business of selling aviation

21 fuel at retail in this State during the preceding calendar

22 month shall, instead of reporting and paying tax as otherwise

23 required by this Section, report and pay such tax on a separate

24 aviation fuel tax return. The requirements related to the

25 return shall be as otherwise provided in this Section.

26 Notwithstanding any other provisions of this Act to the
    SB3019 Enrolled  - 1393 - LRB104 20255 HLH 33706 b

1 contrary, retailers selling aviation fuel shall file all

2 aviation fuel tax returns and shall make all aviation fuel tax

3 payments by electronic means in the manner and form required

4 by the Department. For purposes of this Section, "aviation

5 fuel" means jet fuel and aviation gasoline.

6   Beginning on October 1, 2003, any person who is not a

7 licensed distributor, importing distributor, or manufacturer,

8 as defined in the Liquor Control Act of 1934, but is engaged in

9 the business of selling, at retail, alcoholic liquor shall

10 file a statement with the Department of Revenue, in a format

11 and at a time prescribed by the Department, showing the total

12 amount paid for alcoholic liquor purchased during the

13 preceding month and such other information as is reasonably

14 required by the Department. The Department may adopt rules to

15 require that this statement be filed in an electronic or

16 telephonic format. Such rules may provide for exceptions from

17 the filing requirements of this paragraph. For the purposes of

18 this paragraph, the term "alcoholic liquor" shall have the

19 meaning prescribed in the Liquor Control Act of 1934.

20  Beginning on October 1, 2003, every distributor, importing

21 distributor, and manufacturer of alcoholic liquor as defined

22 in the Liquor Control Act of 1934, shall file a statement with

23 the Department of Revenue, no later than the 10th day of the

24 month for the preceding month during which transactions

25 occurred, by electronic means, showing the total amount of

26 gross receipts from the sale of alcoholic liquor sold or
    SB3019 Enrolled  - 1394 - LRB104 20255 HLH 33706 b

1 distributed during the preceding month to purchasers;

2 identifying the purchaser to whom it was sold or distributed;

3 the purchaser's tax registration number; and such other

4 information reasonably required by the Department. A

5 distributor, importing distributor, or manufacturer of

6 alcoholic liquor must personally deliver, mail, or provide by

7 electronic means to each retailer listed on the monthly

8 statement a report containing a cumulative total of that

9 distributor's, importing distributor's, or manufacturer's

10 total sales of alcoholic liquor to that retailer no later than

11 the 10th day of the month for the preceding month during which

12 the transaction occurred. The distributor, importing

13 distributor, or manufacturer shall notify the retailer as to

14 the method by which the distributor, importing distributor, or

15 manufacturer will provide the sales information. If the

16 retailer is unable to receive the sales information by

17 electronic means, the distributor, importing distributor, or

18 manufacturer shall furnish the sales information by personal

19 delivery or by mail. For purposes of this paragraph, the term

20 "electronic means" includes, but is not limited to, the use of

21 a secure Internet website, e-mail, or facsimile.

22  If a total amount of less than $1 is payable, refundable or

23 creditable, such amount shall be disregarded if it is less

24 than 50 cents and shall be increased to $1 if it is 50 cents or

25 more.

26  Notwithstanding any other provision of this Act to the
   SB3019 Enrolled  - 1395 - LRB104 20255 HLH 33706 b

1 contrary, retailers subject to tax on cannabis shall file all

2 cannabis tax returns and shall make all cannabis tax payments

3 by electronic means in the manner and form required by the

4 Department.

5  Beginning October 1, 1993, a taxpayer who has an average

6 monthly tax liability of $150,000 or more shall make all

7 payments required by rules of the Department by electronic

8 funds transfer. Beginning October 1, 1994, a taxpayer who has

9 an average monthly tax liability of $100,000 or more shall

10 make all payments required by rules of the Department by

11 electronic funds transfer. Beginning October 1, 1995, a

12 taxpayer who has an average monthly tax liability of $50,000

13 or more shall make all payments required by rules of the

14 Department by electronic funds transfer. Beginning October 1,

15 2000, a taxpayer who has an annual tax liability of $200,000 or

16 more shall make all payments required by rules of the

17 Department by electronic funds transfer. The term "annual tax

18 liability" shall be the sum of the taxpayer's liabilities

19 under this Act, and under all other State and local occupation

20 and use tax laws administered by the Department, for the

21 immediately preceding calendar year. The term "average monthly

22 tax liability" shall be the sum of the taxpayer's liabilities

23 under this Act, and under all other State and local occupation

24 and use tax laws administered by the Department, for the

25 immediately preceding calendar year divided by 12. Beginning

26 on October 1, 2002, a taxpayer who has a tax liability in the
    SB3019 Enrolled     - 1396 - LRB104 20255 HLH 33706 b

1 amount set forth in subsection (b) of Section 2505-210 of the

2 Department of Revenue Law shall make all payments required by

3 rules of the Department by electronic funds transfer.

4   Before August 1 of each year beginning in 1993, the

5 Department shall notify all taxpayers required to make

6 payments by electronic funds transfer. All taxpayers required

7 to make payments by electronic funds transfer shall make those

8 payments for a minimum of one year beginning on October 1.

9   Any taxpayer not required to make payments by electronic

10 funds transfer may make payments by electronic funds transfer

11 with the permission of the Department.

12  All taxpayers required to make payment by electronic funds

13 transfer and any taxpayers authorized to voluntarily make

14 payments by electronic funds transfer shall make those

15 payments in the manner authorized by the Department.

16  The Department shall adopt such rules as are necessary to

17 effectuate a program of electronic funds transfer and the

18 requirements of this Section.

19  Any amount which is required to be shown or reported on any

20 return or other document under this Act shall, if such amount

21 is not a whole-dollar amount, be increased to the nearest

22 whole-dollar amount in any case where the fractional part of a

23 dollar is 50 cents or more, and decreased to the nearest

24 whole-dollar amount where the fractional part of a dollar is

25 less than 50 cents.

26  If the retailer is otherwise required to file a monthly
    SB3019 Enrolled        - 1397 - LRB104 20255 HLH 33706 b

1 return and if the retailer's average monthly tax liability to

2 the Department does not exceed $200, the Department may

3 authorize his returns to be filed on a quarter annual basis,

4 with the return for January, February, and March of a given

5 year being due by April 20 of such year; with the return for

6 April, May, and June of a given year being due by July 20 of

7 such year; with the return for July, August, and September of a

8 given 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 retailer is otherwise required to file a monthly or

12 quarterly return and if the retailer's average monthly tax

13 liability with the Department does not exceed $50, the

14 Department may authorize his returns to be filed on an annual

15 basis, with the return for a given year being due by January 20

16 of the following year.

17  Such quarter annual and annual returns, as to form and

18 substance, shall be subject to the same requirements as

19 monthly returns.

20  Notwithstanding any other provision in this Act concerning

21 the time within which a retailer may file his return, in the

22 case of any retailer who ceases to engage in a kind of business

23 which makes him responsible for filing returns under this Act,

24 such retailer shall file a final return under this Act with the

25 Department not more than one month after discontinuing such

26 business.
   SB3019 Enrolled      - 1398 - LRB104 20255 HLH 33706 b

1  Where the same person has more than one business

2 registered with the Department under separate registrations

3 under this Act, such person may not file each return that is

4 due as a single return covering all such registered

5 businesses, but shall file separate returns for each such

6 registered business.

7  In addition, with respect to motor vehicles, watercraft,

8 aircraft, and trailers that are required to be registered with

9 an agency of this State, except as otherwise provided in this

10 Section, every retailer selling this kind of tangible personal

11 property shall file, with the Department, upon a form to be

12 prescribed and supplied by the Department, a separate return

13 for each such item of tangible personal property which the

14 retailer sells, except that if, in the same transaction, (i) a

15 retailer of aircraft, watercraft, motor vehicles, or trailers

16 transfers more than one aircraft, watercraft, motor vehicle,

17 or trailer to another aircraft, watercraft, motor vehicle

18 retailer, or trailer retailer for the purpose of resale or

19 (ii) a retailer of aircraft, watercraft, motor vehicles, or

20 trailers transfers more than one aircraft, watercraft, motor

21 vehicle, or trailer to a purchaser for use as a qualifying

22 rolling stock as provided in Section 2-5 of this Act, then that

23 seller may report the transfer of all aircraft, watercraft,

24 motor vehicles, or trailers involved in that transaction to

25 the Department on the same uniform invoice-transaction

26 reporting return form. For purposes of this Section,
    SB3019 Enrolled  - 1399 - LRB104 20255 HLH 33706 b

1 "watercraft" means a Class 2, Class 3, or Class 4 watercraft as

2 defined in Section 3-2 of the Boat Registration and Safety

3 Act, a personal watercraft, or any boat equipped with an

4 inboard motor.

5   In addition, with respect to motor vehicles, watercraft,

6 aircraft, and trailers that are required to be registered with

7 an agency of this State, every person who is engaged in the

8 business of leasing or renting such items and who, in

9 connection with such business, sells any such item to a

10 retailer for the purpose of resale is, notwithstanding any

11 other provision of this Section to the contrary, authorized to

12 meet the return-filing requirement of this Act by reporting

13 the transfer of all the aircraft, watercraft, motor vehicles,

14 or trailers transferred for resale during a month to the

15 Department on the same uniform invoice-transaction reporting

16 return form on or before the 20th of the month following the

17 month in which the transfer takes place. Notwithstanding any

18 other provision of this Act to the contrary, all returns filed

19 under this paragraph must be filed by electronic means in the

20 manner and form as required by the Department.

21  Any retailer who sells only motor vehicles, watercraft,

22 aircraft, or trailers that are required to be registered with

23 an agency of this State, so that all retailers' occupation tax

24 liability is required to be reported, and is reported, on such

25 transaction reporting returns and who is not otherwise

26 required to file monthly or quarterly returns, need not file
    SB3019 Enrolled  - 1400 - LRB104 20255 HLH 33706 b

1 monthly or quarterly returns. However, those retailers shall

2 be required to file returns on an annual basis.

3   The transaction reporting return, in the case of motor

4 vehicles or trailers that are required to be registered with

5 an agency of this State, shall be the same document as the

6 Uniform Invoice referred to in Section 5-402 of the Illinois

7 Vehicle Code and must show the name and address of the seller;

8 the name and address of the purchaser; the amount of the

9 selling price including the amount allowed by the retailer for

10 traded-in property, if any; the amount allowed by the retailer

11 for the traded-in tangible personal property, if any, to the

12 extent to which Section 1 of this Act allows an exemption for

13 the value of traded-in property; the balance payable after

14 deducting such trade-in allowance from the total selling

15 price; the amount of tax due from the retailer with respect to

16 such transaction; the amount of tax collected from the

17 purchaser by the retailer on such transaction (or satisfactory

18 evidence that such tax is not due in that particular instance,

19 if that is claimed to be the fact); the place and date of the

20 sale; a sufficient identification of the property sold; such

21 other information as is required in Section 5-402 of the

22 Illinois Vehicle Code, and such other information as the

23 Department may reasonably require.

24  The transaction reporting return in the case of watercraft

25 or aircraft must show the name and address of the seller; the

26 name and address of the purchaser; the amount of the selling
    SB3019 Enrolled  - 1401 - LRB104 20255 HLH 33706 b

1 price including the amount allowed by the retailer for

2 traded-in property, if any; the amount allowed by the retailer

3 for the traded-in tangible personal property, if any, to the

4 extent to which Section 1 of this Act allows an exemption for

5 the value of traded-in property; the balance payable after

6 deducting such trade-in allowance from the total selling

7 price; the amount of tax due from the retailer with respect to

8 such transaction; the amount of tax collected from the

9 purchaser by the retailer on such transaction (or satisfactory

10 evidence that such tax is not due in that particular instance,

11 if that is claimed to be the fact); the place and date of the

12 sale, a sufficient identification of the property sold, and

13 such other information as the Department may reasonably

14 require.

15  Such transaction reporting return shall be filed not later

16 than 20 days after the day of delivery of the item that is

17 being sold, but may be filed by the retailer at any time sooner

18 than that if he chooses to do so. The transaction reporting

19 return and tax remittance or proof of exemption from the

20 Illinois use tax may be transmitted to the Department by way of

21 the State agency with which, or State officer with whom the

22 tangible personal property must be titled or registered (if

23 titling or registration is required) if the Department and

24 such agency or State officer determine that this procedure

25 will expedite the processing of applications for title or

26 registration.
    SB3019 Enrolled            - 1402 - LRB104 20255 HLH 33706 b

1   With each such transaction reporting return, the retailer

2 shall remit the proper amount of tax due (or shall submit

3 satisfactory evidence that the sale is not taxable if that is

4 the case), to the Department or its agents, whereupon the

5 Department shall issue, in the purchaser's name, a use tax

6 receipt (or a certificate of exemption if the Department is

7 satisfied that the particular sale is tax-exempt tax exempt)

8 which such purchaser may submit to the agency with which, or

9 State officer with whom, he must title or register the

10 tangible personal property that is involved (if titling or

11 registration is required) in support of such purchaser's

12 application for an Illinois certificate or other evidence of

13 title or registration to such tangible personal property.

14  No retailer's failure or refusal to remit tax under this

15 Act precludes a user, who has paid the proper tax to the

16 retailer, from obtaining his certificate of title or other

17 evidence of title or registration (if titling or registration

18 is required) upon satisfying the Department that such user has

19 paid the proper tax (if tax is due) to the retailer. The

20 Department shall adopt appropriate rules to carry out the

21 mandate of this paragraph.

22  If the user who would otherwise pay tax to the retailer

23 wants the transaction reporting return filed and the payment

24 of the tax or proof of exemption made to the Department before

25 the retailer is willing to take these actions and such user has

26 not paid the tax to the retailer, such user may certify to the
    SB3019 Enrolled  - 1403 - LRB104 20255 HLH 33706 b

1 fact of such delay by the retailer and may (upon the Department

2 being satisfied of the truth of such certification) transmit

3 the information required by the transaction reporting return

4 and the remittance for tax or proof of exemption directly to

5 the Department and obtain his tax receipt or exemption

6 determination, in which event the transaction reporting return

7 and tax remittance (if a tax payment was required) shall be

8 credited by the Department to the proper retailer's account

9 with the Department, but without the vendor's discount

10 provided for in this Section being allowed. When the user pays

11 the tax directly to the Department, he shall pay the tax in the

12 same amount and in the same form in which it would be remitted

13 if the tax had been remitted to the Department by the retailer.

14  On and after January 1, 2025, with respect to the lease of

15 trailers, other than semitrailers as defined in Section 1-187

16 of the Illinois Vehicle Code, that are required to be

17 registered with an agency of this State and that are subject to

18 the tax on lease receipts under this Act, notwithstanding any

19 other provision of this Act to the contrary, for the purpose of

20 reporting and paying tax under this Act on those lease

21 receipts, lessors shall file returns in addition to and

22 separate from the transaction reporting return. Lessors shall

23 file those lease returns and make payment to the Department by

24 electronic means on or before the 20th day of each month

25 following the month, quarter, or year, as applicable, in which

26 lease receipts were received. All lease receipts received by
    SB3019 Enrolled  - 1404 - LRB104 20255 HLH 33706 b

1 the lessor from the lease of those trailers during the same

2 reporting period shall be reported and tax shall be paid on a

3 single return form to be prescribed by the Department.

4   Refunds made by the seller during the preceding return

5 period to purchasers, on account of tangible personal property

6 returned to the seller, shall be allowed as a deduction under

7 subdivision 5 of his monthly or quarterly return, as the case

8 may be, in case the seller had theretofore included the

9 receipts from the sale of such tangible personal property in a

10 return filed by him and had paid the tax imposed by this Act

11 with respect to such receipts.

12  Where the seller is a corporation, the return filed on

13 behalf of such corporation shall be signed by the president,

14 vice-president, secretary, or treasurer or by the properly

15 accredited agent of such corporation.

16  Where the seller is a limited liability company, the

17 return filed on behalf of the limited liability company shall

18 be signed by a manager, member, or properly accredited agent

19 of the limited liability company.

20  Except as provided in this Section, the retailer filing

21 the return under this Section shall, at the time of filing such

22 return, pay to the Department the amount of tax imposed by this

23 Act less a discount of 2.1% prior to January 1, 1990 and 1.75%

24 on and after January 1, 1990, or $5 per calendar year,

25 whichever is greater, which is allowed to reimburse the

26 retailer for the expenses incurred in keeping records,
SB3019 Enrolled  - 1405 - LRB104 20255 HLH 33706 b

 1 preparing and filing returns, remitting the tax and supplying
 2 data to the Department on request. A a certified service
 3 provider, as defined in the Leveling the Playing Field for
 4 Illinois Retail Act, filing the return under this Section on
 5 behalf of a remote retailer or a retailer maintaining a place
 6 of business in this State shall, at the time of such return,
 7 pay to the Department the amount of tax imposed by this Act
 8 less a discount of 1.75%. A remote retailer or a retailer
 9 maintaining a place of business in this State using a
10 certified service provider to file a return on its behalf, as
11 provided in the Leveling the Playing Field for Illinois Retail
12 Act, is not eligible for the discount. Beginning with returns
13 due on or after January 1, 2025, the vendor's discount allowed
14 in this Section, the Service Occupation Tax Act, the Use Tax
15 Act, and the Service Use Tax Act, including any local tax
16 administered by the Department and reported on the same
17 return, shall not exceed $1,000 per month in the aggregate for
18 returns other than transaction returns filed during the month.
19 When determining the discount allowed under this Section,
20 retailers shall include the amount of tax that would have been
21 due at the 1% rate but for the 0% rate imposed under Public Act
22 102-700. When determining the discount allowed under this
23 Section, retailers shall include the amount of tax that would
24 have been due at the 6.25% rate but for the 1.25% rate imposed
25 on sales tax holiday items under Public Act 102-700. The
26 discount under this Section is not allowed for the 1.25%
    SB3019 Enrolled  - 1406 - LRB104 20255 HLH 33706 b

1 portion of taxes paid on aviation fuel that is subject to the

2 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

3 47133. Any prepayment made pursuant to Section 2d of this Act

4 shall be included in the amount on which such discount is

5 computed. In the case of retailers who report and pay the tax

6 on a transaction by transaction basis, as provided in this

7 Section, such discount shall be taken with each such tax

8 remittance instead of when such retailer files his periodic

9 return, but, beginning with returns due on or after January 1,

10 2025, the vendor's discount allowed under this Section and the

11 Use Tax Act, including any local tax administered by the

12 Department and reported on the same transaction return, shall

13 not exceed $1,000 per month for all transaction returns filed

14 during the month. The discount allowed under this Section is

15 allowed only for returns that are filed in the manner required

16 by this Act. The Department may disallow the discount for

17 retailers whose certificate of registration is revoked at the

18 time the return is filed, but only if the Department's

19 decision to revoke the certificate of registration has become

20 final.

21  Before October 1, 2000, if the taxpayer's average monthly

22 tax liability to the Department under this Act, the Use Tax

23 Act, the Service Occupation Tax Act, and the Service Use Tax

24 Act, excluding any liability for prepaid sales tax to be

25 remitted in accordance with Section 2d of this Act, was

26 $10,000 or more during the preceding 4 complete calendar
SB3019 Enrolled  - 1407 - LRB104 20255 HLH 33706 b

 1 quarters, he shall file a return with the Department each
 2 month by the 20th day of the month next following the month
 3 during which such tax liability is incurred and shall make
 4 payments to the Department on or before the 7th, 15th, 22nd and
 5 last day of the month during which such liability is incurred.
 6 On and after October 1, 2000, if the taxpayer's average
 7 monthly tax liability to the Department under this Act, the
 8 Use Tax Act, the Service Occupation Tax Act, and the Service
 9 Use Tax Act, excluding any liability for prepaid sales tax to
10 be remitted in accordance with Section 2d of this Act, was
11 $20,000 or more during the preceding 4 complete calendar
12 quarters, he shall file a return with the Department each
13 month by the 20th day of the month next following the month
14 during which such tax liability is incurred and shall make
15 payment to the Department on or before the 7th, 15th, 22nd and
16 last day of the month during which such liability is incurred.
17 If the month during which such tax liability is incurred began
18 prior to January 1, 1985, each payment shall be in an amount
19 equal to 1/4 of the taxpayer's actual liability for the month
20 or an amount set by the Department not to exceed 1/4 of the
21 average monthly liability of the taxpayer to the Department
22 for the preceding 4 complete calendar quarters (excluding the
23 month of highest liability and the month of lowest liability
24 in such 4 quarter period). If the month during which such tax
25 liability is incurred begins on or after January 1, 1985 and
26 prior to January 1, 1987, each payment shall be in an amount
SB3019 Enrolled  - 1408 - LRB104 20255 HLH 33706 b

 1 equal to 22.5% of the taxpayer's actual liability for the
 2 month or 27.5% of the taxpayer's liability for the same
 3 calendar month of the preceding year. If the month during
 4 which such tax liability is incurred begins on or after
 5 January 1, 1987 and prior to January 1, 1988, each payment
 6 shall be in an amount equal to 22.5% of the taxpayer's actual
 7 liability for the month or 26.25% of the taxpayer's liability
 8 for the same calendar month of the preceding year. If the month
 9 during which such tax liability is incurred begins on or after
10 January 1, 1988, and prior to January 1, 1989, or begins on or
11 after January 1, 1996, each payment shall be in an amount equal
12 to 22.5% of the taxpayer's actual liability for the month or
13 25% of the taxpayer's liability for the same calendar month of
14 the preceding year. If the month during which such tax
15 liability is incurred begins on or after January 1, 1989, and
16 prior to January 1, 1996, each payment shall be in an amount
17 equal to 22.5% of the taxpayer's actual liability for the
18 month or 25% of the taxpayer's liability for the same calendar
19 month of the preceding year or 100% of the taxpayer's actual
20 liability for the quarter monthly reporting period. The amount
21 of such quarter monthly payments shall be credited against the
22 final tax liability of the taxpayer's return for that month.
23 Before October 1, 2000, once applicable, the requirement of
24 the making of quarter monthly payments to the Department by
25 taxpayers having an average monthly tax liability of $10,000
26 or more as determined in the manner provided above shall
SB3019 Enrolled  - 1409 - LRB104 20255 HLH 33706 b

 1 continue until such taxpayer's average monthly liability to
 2 the Department during the preceding 4 complete calendar
 3 quarters (excluding the month of highest liability and the
 4 month of lowest liability) is less than $9,000, or until such
 5 taxpayer's average monthly liability to the Department as
 6 computed for each calendar quarter of the 4 preceding complete
 7 calendar quarter period is less than $10,000. However, if a
 8 taxpayer can show the Department that a substantial change in
 9 the taxpayer's business has occurred which causes the taxpayer
10 to anticipate that his average monthly tax liability for the
11 reasonably foreseeable future will fall below the $10,000
12 threshold stated above, then such taxpayer may petition the
13 Department for a change in such taxpayer's reporting status.
14 On and after October 1, 2000, once applicable, the requirement
15 of the making of quarter monthly payments to the Department by
16 taxpayers having an average monthly tax liability of $20,000
17 or more as determined in the manner provided above shall
18 continue until such taxpayer's average monthly liability to
19 the Department during the preceding 4 complete calendar
20 quarters (excluding the month of highest liability and the
21 month of lowest liability) is less than $19,000 or until such
22 taxpayer's average monthly liability to the Department as
23 computed for each calendar quarter of the 4 preceding complete
24 calendar quarter period is less than $20,000. However, if a
25 taxpayer can show the Department that a substantial change in
26 the taxpayer's business has occurred which causes the taxpayer
SB3019 Enrolled  - 1410 - LRB104 20255 HLH 33706 b

 1 to anticipate that his average monthly tax liability for the
 2 reasonably foreseeable future will fall below the $20,000
 3 threshold stated above, then such taxpayer may petition the
 4 Department for a change in such taxpayer's reporting status.
 5 The Department shall change such taxpayer's reporting status
 6 unless it finds that such change is seasonal in nature and not
 7 likely to be long term. Quarter monthly payment status shall
 8 be determined under this paragraph as if the rate reduction to
 9 0% in Public Act 102-700 on food for human consumption that is
10 to be consumed off the premises where it is sold (other than
11 alcoholic beverages, food consisting of or infused with adult
12 use cannabis, soft drinks, and food that has been prepared for
13 immediate consumption) had not occurred. For quarter monthly
14 payments due under this paragraph on or after July 1, 2023 and
15 through June 30, 2024, "25% of the taxpayer's liability for
16 the same calendar month of the preceding year" shall be
17 determined as if the rate reduction to 0% in Public Act 102-700
18 had not occurred. Quarter monthly payment status shall be
19 determined under this paragraph as if the rate reduction to
20 1.25% in Public Act 102-700 on sales tax holiday items had not
21 occurred. For quarter monthly payments due on or after July 1,
22 2023 and through June 30, 2024, "25% of the taxpayer's
23 liability for the same calendar month of the preceding year"
24 shall be determined as if the rate reduction to 1.25% in Public
25 Act 102-700 on sales tax holiday items had not occurred. If any
26 such quarter monthly payment is not paid at the time or in the
    SB3019 Enrolled  - 1411 - LRB104 20255 HLH 33706 b

1 amount required by this Section, then the taxpayer shall be

2 liable for penalties and interest on the difference between

3 the minimum amount due as a payment and the amount of such

4 quarter monthly payment actually and timely paid, except

5 insofar as the taxpayer has previously made payments for that

6 month to the Department in excess of the minimum payments

7 previously due as provided in this Section. The Department

8 shall make reasonable rules and regulations to govern the

9 quarter monthly payment amount and quarter monthly payment

10 dates for taxpayers who file on other than a calendar monthly

11 basis.

12  The provisions of this paragraph apply before October 1,

13 2001. Without regard to whether a taxpayer is required to make

14 quarter monthly payments as specified above, any taxpayer who

15 is required by Section 2d of this Act to collect and remit

16 prepaid taxes and has collected prepaid taxes which average in

17 excess of $25,000 per month during the preceding 2 complete

18 calendar quarters, shall file a return with the Department as

19 required by Section 2f and shall make payments to the

20 Department on or before the 7th, 15th, 22nd and last day of the

21 month during which such liability is incurred. If the month

22 during which such tax liability is incurred began prior to

23 September 1, 1985 (the effective date of Public Act 84-221),

24 each payment shall be in an amount not less than 22.5% of the

25 taxpayer's actual liability under Section 2d. If the month

26 during which such tax liability is incurred begins on or after
    SB3019 Enrolled  - 1412 - LRB104 20255 HLH 33706 b

1 January 1, 1986, each payment shall be in an amount equal to

2 22.5% of the taxpayer's actual liability for the month or

3 27.5% of the taxpayer's liability for the same calendar month

4 of the preceding calendar year. If the month during which such

5 tax liability is incurred begins on or after January 1, 1987,

6 each payment shall be in an amount equal to 22.5% of the

7 taxpayer's actual liability for the month or 26.25% of the

8 taxpayer's liability for the same calendar month of the

9 preceding year. The amount of such quarter monthly payments

10 shall be credited against the final tax liability of the

11 taxpayer's return for that month filed under this Section or

12 Section 2f, as the case may be. Once applicable, the

13 requirement of the making of quarter monthly payments to the

14 Department pursuant to this paragraph shall continue until

15 such taxpayer's average monthly prepaid tax collections during

16 the preceding 2 complete calendar quarters is $25,000 or less.

17 If any such quarter monthly payment is not paid at the time or

18 in the amount required, the taxpayer shall be liable for

19 penalties and interest on such difference, except insofar as

20 the taxpayer has previously made payments for that month in

21 excess of the minimum payments previously due.

22  The provisions of this paragraph apply on and after

23 October 1, 2001. Without regard to whether a taxpayer is

24 required to make quarter monthly payments as specified above,

25 any taxpayer who is required by Section 2d of this Act to

26 collect and remit prepaid taxes and has collected prepaid
    SB3019 Enrolled  - 1413 - LRB104 20255 HLH 33706 b

1 taxes that average in excess of $20,000 per month during the

2 preceding 4 complete calendar quarters shall file a return

3 with the Department as required by Section 2f and shall make

4 payments to the Department on or before the 7th, 15th, 22nd,

5 and last day of the month during which the liability is

6 incurred. Each payment shall be in an amount equal to 22.5% of

7 the taxpayer's actual liability for the month or 25% of the

8 taxpayer's liability for the same calendar month of the

9 preceding year. The amount of the quarter monthly payments

10 shall be credited against the final tax liability of the

11 taxpayer's return for that month filed under this Section or

12 Section 2f, as the case may be. Once applicable, the

13 requirement of the making of quarter monthly payments to the

14 Department pursuant to this paragraph shall continue until the

15 taxpayer's average monthly prepaid tax collections during the

16 preceding 4 complete calendar quarters (excluding the month of

17 highest liability and the month of lowest liability) is less

18 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 quarters is less

21 than $20,000. If any such quarter monthly payment is not paid

22 at the time or in the amount required, the taxpayer shall be

23 liable for penalties and interest on such difference, except

24 insofar as the taxpayer has previously made payments for that

25 month in excess of the minimum payments previously due.

26  If any payment provided for in this Section exceeds the
    SB3019 Enrolled     - 1414 - LRB104 20255 HLH 33706 b

1 taxpayer's liabilities under this Act, the Use Tax Act, the

2 Service Occupation Tax Act, and the Service Use Tax Act, as

3 shown on an original monthly return, the Department shall, if

4 requested by the taxpayer, issue to the taxpayer a credit

5 memorandum no later than 30 days after the date of payment. The

6 credit evidenced by such credit memorandum may be assigned by

7 the taxpayer to a similar taxpayer under this Act, the Use Tax

8 Act, the Service Occupation Tax Act, or the Service Use Tax

9 Act, in accordance with reasonable rules and regulations to be

10 prescribed by the Department. If no such request is made, the

11 taxpayer may credit such excess payment against tax liability

12 subsequently to be remitted to the Department under this Act,

13 the Use Tax Act, the Service Occupation Tax Act, or the Service

14 Use Tax Act, in accordance with reasonable rules and

15 regulations prescribed by the Department. If the Department

16 subsequently determined that all or any part of the credit

17 taken was not actually due to the taxpayer, the taxpayer's

18 vendor's discount shall be reduced, if necessary, to reflect

19 the difference between the credit taken and that actually due,

20 and that taxpayer shall be liable for penalties and interest

21 on such difference.

22  If a retailer of motor fuel is entitled to a credit under

23 Section 2d of this Act which exceeds the taxpayer's liability

24 to the Department under this Act for the month for which the

25 taxpayer is filing a return, the Department shall issue the

26 taxpayer a credit memorandum for the excess.
    SB3019 Enrolled        - 1415 - LRB104 20255 HLH 33706 b

1   The net revenue realized at the 15% rate under either

2 Section 4 or Section 5 of this Act shall be deposited as

3 follows: (i) notwithstanding the provisions of this Section to

4 the contrary, the net revenue realized from the portion of the

5 rate in excess of 5% shall be deposited into the State and

6 Local Sales Tax Reform Fund; and (ii) the net revenue realized

7 from the 5% portion of the rate shall be deposited as provided

8 in this Section for the 5% portion of the 6.25% general rate

9 imposed under this Act.

10  Beginning January 1, 1990, each month the Department shall

11 pay into the Local Government Tax Fund, a special fund in the

12 State treasury which is hereby created, the net revenue

13 realized for the preceding month from the 1% tax imposed under

14 this Act.

15  Beginning January 1, 1990, each month the Department shall

16 pay into the County and Mass Transit District Fund, a special

17 fund in the State treasury which is hereby created, 4% of the

18 net revenue realized for the preceding month from the 6.25%

19 general rate other than aviation fuel sold on or after

20 December 1, 2019. This exception for aviation fuel only

21 applies for so long as the revenue use requirements of 49

22 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.

23  Beginning August 1, 2000, each month the Department shall

24 pay into the County and Mass Transit District Fund 20% of the

25 net revenue realized for the preceding month from the 1.25%

26 rate on the selling price of motor fuel and gasohol. If, in any
    SB3019 Enrolled  - 1416 - LRB104 20255 HLH 33706 b

1 month, the tax on sales tax holiday items, as defined in

2 Section 2-8, is imposed at the rate of 1.25%, then the

3 Department shall pay 20% of the net revenue realized for that

4 month from the 1.25% rate on the selling price of sales tax

5 holiday items into the County and Mass Transit District Fund.

6   Beginning January 1, 1990, each month the Department shall

7 pay into the Local Government Tax Fund 16% of the net revenue

8 realized for the preceding month from the 6.25% general rate

9 on the selling price of tangible personal property other than

10 aviation fuel sold on or after December 1, 2019. This

11 exception for aviation fuel only applies for so long as the

12 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

13 47133 are binding on the State.

14  For aviation fuel sold on or after December 1, 2019, each

15 month the Department shall pay into the State Aviation Program

16 Fund 20% of the net revenue realized for the preceding month

17 from the 6.25% general rate on the selling price of aviation

18 fuel, less an amount estimated by the Department to be

19 required for refunds of the 20% portion of the tax on aviation

20 fuel under this Act, which amount shall be deposited into the

21 Aviation Fuel Sales Tax Refund Fund. The Department shall only

22 pay moneys into the State Aviation Program Fund and the

23 Aviation Fuel Sales Tax Refund Fund under this Act for so long

24 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

25 U.S.C. 47133 are binding on the State.

26  Beginning August 1, 2000, each month the Department shall
    SB3019 Enrolled         - 1417 - LRB104 20255 HLH 33706 b

1 pay into the Local Government Tax Fund 80% of the net revenue

2 realized for the preceding month from the 1.25% rate on the

3 selling price of motor fuel and gasohol. If, in any month, the

4 tax on sales tax holiday items, as defined in Section 2-8, is

5 imposed at the rate of 1.25%, then the Department shall pay 80%

6 of the net revenue realized for that month from the 1.25% rate

7 on the selling price of sales tax holiday items into the Local

8 Government Tax Fund.

9   Beginning October 1, 2009, each month the Department shall

10 pay into the Capital Projects Fund an amount that is equal to

11 an amount estimated by the Department to represent 80% of the

12 net revenue realized for the preceding month from the sale of

13 candy, grooming and hygiene products, and soft drinks that had

14 been taxed at a rate of 1% prior to September 1, 2009 but that

15 are now taxed at 6.25%.

16  Beginning July 1, 2011, each month the Department shall

17 pay into the Clean Air Act Permit Fund 80% of the net revenue

18 realized for the preceding month from the 6.25% general rate

19 on the selling price of sorbents used in Illinois in the

20 process of sorbent injection as used to comply with the

21 Environmental Protection Act or the federal Clean Air Act, but

22 the total payment into the Clean Air Act Permit Fund under this

23 Act and the Use Tax Act shall not exceed $2,000,000 in any

24 fiscal year.

25  Beginning July 1, 2013, each month the Department shall

26 pay into the Underground Storage Tank Fund from the proceeds
    SB3019 Enrolled        - 1418 - LRB104 20255 HLH 33706 b

1 collected under this Act, the Use Tax Act, the Service Use Tax

2 Act, and the Service Occupation Tax Act an amount equal to the

3 average monthly deficit in the Underground Storage Tank Fund

4 during the prior year, as certified annually by the Illinois

5 Environmental Protection Agency, but the total payment into

6 the Underground Storage Tank Fund under this Act, the Use Tax

7 Act, the Service Use Tax Act, and the Service Occupation Tax

8 Act shall not exceed $18,000,000 in any State fiscal year. As

9 used in this paragraph, the "average monthly deficit" shall be

10 equal to the difference between the average monthly claims for

11 payment by the fund and the average monthly revenues deposited

12 into the fund, excluding payments made pursuant to this

13 paragraph.

14  Beginning July 1, 2015, of the remainder of the moneys

15 received by the Department under the Use Tax Act, the Service

16 Use Tax Act, the Service Occupation Tax Act, and this Act, each

17 month the Department shall deposit $500,000 into the State

18 Crime Laboratory Fund.

19  Of the remainder of the moneys received by the Department

20 pursuant to this Act, (a) 1.75% thereof shall be paid into the

21 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

22 and after July 1, 1989, 3.8% thereof shall be paid into the

23 Build Illinois Fund; provided, however, that if in any fiscal

24 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

25 may be, of the moneys received by the Department and required

26 to be paid into the Build Illinois Fund pursuant to this Act,
    SB3019 Enrolled  - 1419 - LRB104 20255 HLH 33706 b

1 Section 9 of the Use Tax Act, Section 9 of the Service Use Tax

2 Act, and Section 9 of the Service Occupation Tax Act, such Acts

3 being hereinafter called the "Tax Acts" and such aggregate of

4 2.2% or 3.8%, as the case may be, of moneys being hereinafter

5 called the "Tax Act Amount", and (2) the amount transferred to

6 the Build Illinois Fund from the State and Local Sales Tax

7 Reform Fund shall be less than the Annual Specified Amount (as

8 hereinafter defined), an amount equal to the difference shall

9 be immediately paid into the Build Illinois Fund from other

10 moneys received by the Department pursuant to the Tax Acts;

11 the "Annual Specified Amount" means the amounts specified

12 below for fiscal years 1986 through 1993:

13  Fiscal Year      Annual Specified Amount

14  1986                                      $54,800,000

15  1987                                      $76,650,000

16  1988                                      $80,480,000

17  1989                                      $88,510,000

18  1990             $115,330,000

19  1991             $145,470,000

20  1992             $182,730,000

21  1993             $206,520,000;

22 and means the Certified Annual Debt Service Requirement (as

23 defined in Section 13 of the Build Illinois Bond Act) or the

24 Tax Act Amount, whichever is greater, for fiscal year 1994 and

25 each fiscal year thereafter; and further provided, that if on

26 the last business day of any month the sum of (1) the Tax Act
SB3019 Enrolled  - 1420 - LRB104 20255 HLH 33706 b

 1 Amount required to be deposited into the Build Illinois Bond
 2 Account in the Build Illinois Fund during such month and (2)
 3 the amount transferred to the Build Illinois Fund from the
 4 State and Local Sales Tax Reform Fund shall have been less than
 5 1/12 of the Annual Specified Amount, an amount equal to the
 6 difference shall be immediately paid into the Build Illinois
 7 Fund from other moneys received by the Department pursuant to
 8 the Tax Acts; and, further provided, that in no event shall the
 9 payments required under the preceding proviso result in
10 aggregate payments into the Build Illinois Fund pursuant to
11 this clause (b) for any fiscal year in excess of the greater of
12 (i) the Tax Act Amount or (ii) the Annual Specified Amount for
13 such fiscal year. The amounts payable into the Build Illinois
14 Fund under clause (b) of the first sentence in this paragraph
15 shall be payable only until such time as the aggregate amount
16 on deposit under each trust indenture securing Bonds issued
17 and outstanding pursuant to the Build Illinois Bond Act is
18 sufficient, taking into account any future investment income,
19 to fully provide, in accordance with such indenture, for the
20 defeasance of or the payment of the principal of, premium, if
21 any, and interest on the Bonds secured by such indenture and on
22 any Bonds expected to be issued thereafter and all fees and
23 costs payable with respect thereto, all as certified by the
24 Director of the Bureau of the Budget (now Governor's Office of
25 Management and Budget). If on the last business day of any
26 month in which Bonds are outstanding pursuant to the Build
    SB3019 Enrolled    - 1421 - LRB104 20255 HLH 33706 b

1 Illinois Bond Act, the aggregate of moneys deposited into in

2 the Build Illinois Bond Account in the Build Illinois Fund in

3 such month shall be less than the amount required to be

4 transferred in such month from the Build Illinois Bond Account

5 to the Build Illinois Bond Retirement and Interest Fund

6 pursuant to Section 13 of the Build Illinois Bond Act, an

7 amount equal to such deficiency shall be immediately paid from

8 other moneys received by the Department pursuant to the Tax

9 Acts to the Build Illinois Fund; provided, however, that any

10 amounts paid to the Build Illinois Fund in any fiscal year

11 pursuant to this sentence shall be deemed to constitute

12 payments pursuant to clause (b) of the first sentence of this

13 paragraph and shall reduce the amount otherwise payable for

14 such fiscal year pursuant to that clause (b). The moneys

15 received by the Department pursuant to this Act and required

16 to be deposited into the Build Illinois Fund are subject to the

17 pledge, claim and charge set forth in Section 12 of the Build

18 Illinois Bond Act.

19  Subject to payment of amounts into the Build Illinois Fund

20 as provided in the preceding paragraph or in any amendment

21 thereto hereafter enacted, the following specified monthly

22 installment of the amount requested in the certificate of the

23 Chairman of the Metropolitan Pier and Exposition Authority

24 provided under Section 8.25f of the State Finance Act, but not

25 in excess of sums designated as "Total Deposit", shall be

26 deposited in the aggregate from collections under Section 9 of
    SB3019 Enrolled        - 1422 - LRB104 20255 HLH 33706 b

1 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

2 9 of the Service Occupation Tax Act, and Section 3 of the

3 Retailers' Occupation Tax Act into the McCormick Place

4 Expansion Project Fund in the specified fiscal years.

5   Fiscal Year            Total Deposit

6                    1993                                $0

7                    1994  53,000,000

8                    1995  58,000,000

9                    1996  61,000,000

10                   1997  64,000,000

11                   1998  68,000,000

12                   1999  71,000,000

13                   2000  75,000,000

14                   2001  80,000,000

15                   2002  93,000,000

16                   2003  99,000,000

17                   2004  103,000,000

18                   2005  108,000,000

19                   2006  113,000,000

20                   2007  119,000,000

21                   2008  126,000,000

22                   2009  132,000,000

23                   2010  139,000,000

24                   2011  146,000,000

25                   2012  153,000,000

26                   2013  161,000,000
    SB3019 Enrolled        - 1423 - LRB104 20255 HLH 33706 b

1                    2014  170,000,000
                           179,000,000
2                    2015  189,000,000
                           199,000,000
3                    2016  210,000,000
                           221,000,000
4                    2017  233,000,000
                           300,000,000
5                    2018  300,000,000
                           300,000,000
6                    2019  300,000,000
                           300,000,000
7                    2020  300,000,000
                           375,000,000
8                    2021  375,000,000
                           375,000,000
9                    2022  375,000,000
                           375,000,000
10                   2023  375,000,000
                           375,000,000
11                   2024  375,000,000
                           375,000,000
12                   2025  450,000,000

13                   2026

14                   2027

15                   2028

16                   2029

17                   2030

18                   2031

19                   2032

20                   2033

21                   2034

22                   2035

23                   2036

24                   and

25  each fiscal year

26  thereafter that bonds
    SB3019 Enrolled  - 1424 - LRB104 20255 HLH 33706 b

1   are outstanding under

2   Section 13.2 of the

3   Metropolitan Pier and

4   Exposition Authority Act,

5   but not after fiscal year 2060.

6   Beginning July 20, 1993 and in each month of each fiscal

7 year thereafter, one-eighth of the amount requested in the

8 certificate of the Chairman of the Metropolitan Pier and

9 Exposition Authority for that fiscal year, less the amount

10 deposited into the McCormick Place Expansion Project Fund by

11 the State Treasurer in the respective month under subsection

12 (g) of Section 13 of the Metropolitan Pier and Exposition

13 Authority Act, plus cumulative deficiencies in the deposits

14 required under this Section for previous months and years,

15 shall be deposited into the McCormick Place Expansion Project

16 Fund, until the full amount requested for the fiscal year, but

17 not in excess of the amount specified above as "Total

18 Deposit", has been deposited.

19  Subject to payment of amounts into the Capital Projects

20 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

21 and the McCormick Place Expansion Project Fund pursuant to the

22 preceding paragraphs or in any amendments thereto hereafter

23 enacted, for aviation fuel sold on or after December 1, 2019,

24 the Department shall each month deposit into the Aviation Fuel

25 Sales Tax Refund Fund an amount estimated by the Department to

26 be required for refunds of the 80% portion of the tax on
    SB3019 Enrolled      - 1425 - LRB104 20255 HLH 33706 b

1 aviation fuel under this Act. The Department shall only

2 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

3 under this paragraph for so long as the revenue use

4 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

5 binding on the State.

6   Subject to payment of amounts into the Build Illinois Fund

7 and the McCormick Place Expansion Project Fund pursuant to the

8 preceding paragraphs or in any amendments thereto hereafter

9 enacted, beginning July 1, 1993 and ending on September 30,

10 2013, the Department shall each month pay into the Illinois

11 Tax Increment Fund 0.27% of 80% of the net revenue realized for

12 the preceding month from the 6.25% general rate on the selling

13 price of tangible personal property.

14  Subject to payment of amounts into the Build Illinois

15 Fund, the McCormick Place Expansion Project Fund, and the

16 Illinois Tax Increment Fund pursuant to the preceding

17 paragraphs or in any amendments to this Section hereafter

18 enacted, beginning on the first day of the first calendar

19 month to occur on or after August 26, 2014 (the effective date

20 of Public Act 98-1098), each month, from the collections made

21 under Section 9 of the Use Tax Act, Section 9 of the Service

22 Use Tax Act, Section 9 of the Service Occupation Tax Act, and

23 Section 3 of the Retailers' Occupation Tax Act, the Department

24 shall pay into the Tax Compliance and Administration Fund, to

25 be used, subject to appropriation, to fund additional auditors

26 and compliance personnel at the Department of Revenue, an
    SB3019 Enrolled  - 1426 - LRB104 20255 HLH 33706 b

1 amount equal to 1/12 of 5% of 80% of the cash receipts

2 collected during the preceding fiscal year by the Audit Bureau

3 of the Department under the Use Tax Act, the Service Use Tax

4 Act, the Service Occupation Tax Act, the Retailers' Occupation

5 Tax Act, and associated local occupation and use taxes

6 administered by the Department.

7   Subject to payments of amounts into the Build Illinois

8 Fund, the McCormick Place Expansion Project Fund, the Illinois

9 Tax Increment Fund, the Energy Infrastructure Fund, and the

10 Tax Compliance and Administration Fund as provided in this

11 Section, beginning on July 1, 2018 the Department shall pay

12 each month into the Downstate Public Transportation Fund the

13 moneys required to be so paid under Section 2-3 of the

14 Downstate Public Transportation Act.

15  Subject to successful execution and delivery of a

16 public-private agreement between the public agency and private

17 entity and completion of the civic build, beginning on July 1,

18 2023, of the remainder of the moneys received by the

19 Department under the Use Tax Act, the Service Use Tax Act, the

20 Service Occupation Tax Act, and this Act, the Department shall

21 deposit the following specified deposits in the aggregate from

22 collections under the Use Tax Act, the Service Use Tax Act, the

23 Service Occupation Tax Act, and the Retailers' Occupation Tax

24 Act, as required under Section 8.25g of the State Finance Act

25 for distribution consistent with the Public-Private

26 Partnership for Civic and Transit Infrastructure Project Act.
    SB3019 Enrolled  - 1427 - LRB104 20255 HLH 33706 b

1 The moneys received by the Department pursuant to this Act and

2 required to be deposited into the Civic and Transit

3 Infrastructure Fund are subject to the pledge, claim and

4 charge set forth in Section 25-55 of the Public-Private

5 Partnership for Civic and Transit Infrastructure Project Act.

6 As used in this paragraph, "civic build", "private entity",

7 "public-private agreement", and "public agency" have the

8 meanings provided in Section 25-10 of the Public-Private

9 Partnership for Civic and Transit Infrastructure Project Act.

10  Fiscal Year ............................ Total Deposit

11  2024 .................................... $200,000,000

12  2025 .................................... $206,000,000

13  2026 .................................... $212,200,000

14  2027 .................................... $218,500,000

15  2028 .................................... $225,100,000

16  2029 .................................... $288,700,000

17  2030 .................................... $298,900,000

18  2031 .................................... $309,300,000

19  2032 .................................... $320,100,000

20  2033 .................................... $331,200,000

21  2034 .................................... $341,200,000

22  2035 .................................... $351,400,000

23  2036 .................................... $361,900,000

24  2037 .................................... $372,800,000

25  2038 .................................... $384,000,000

26  2039 .................................... $395,500,000
   SB3019 Enrolled  - 1428 - LRB104 20255 HLH 33706 b

1  2040 .................................... $407,400,000

2  2041 .................................... $419,600,000

3  2042 .................................... $432,200,000

4  2043 .................................... $445,100,000

5  Beginning July 1, 2021 and until July 1, 2022, subject to

6 the payment of amounts into the County and Mass Transit

7 District Fund, the Local Government Tax Fund, the Build

8 Illinois Fund, the McCormick Place Expansion Project Fund, the

9 Illinois Tax Increment Fund, and the Tax Compliance and

10 Administration Fund as provided in this Section, the

11 Department shall pay each month into the Road Fund the amount

12 estimated to represent 16% of the net revenue realized from

13 the taxes imposed on motor fuel and gasohol. Beginning July 1,

14 2022 and until July 1, 2023, subject to the payment of amounts

15 into the County and Mass Transit District Fund, the Local

16 Government Tax Fund, the Build Illinois Fund, the McCormick

17 Place Expansion Project Fund, the Illinois Tax Increment Fund,

18 and the Tax Compliance and Administration Fund as provided in

19 this Section, the Department shall pay each month into the

20 Road Fund the amount estimated to represent 32% of the net

21 revenue realized from the taxes imposed on motor fuel and

22 gasohol. Beginning July 1, 2023 and until July 1, 2024,

23 subject to the payment of amounts into the County and Mass

24 Transit District Fund, the Local Government Tax Fund, the

25 Build Illinois Fund, the McCormick Place Expansion Project

26 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
    SB3019 Enrolled  - 1429 - LRB104 20255 HLH 33706 b

1 and Administration Fund as provided in this Section, the

2 Department shall pay each month into the Road Fund the amount

3 estimated to represent 48% of the net revenue realized from

4 the taxes imposed on motor fuel and gasohol. Beginning July 1,

5 2024 and until July 1, 2026, subject to the payment of amounts

6 into the County and Mass Transit District Fund, the Local

7 Government Tax Fund, the Build Illinois Fund, the McCormick

8 Place Expansion Project Fund, the Illinois Tax Increment Fund,

9 and the Tax Compliance and Administration Fund as provided in

10 this Section, the Department shall pay each month into the

11 Road Fund the amount estimated to represent 64% of the net

12 revenue realized from the taxes imposed on motor fuel and

13 gasohol. Beginning on July 1, 2026, subject to the payment of

14 amounts into the County and Mass Transit District Fund, the

15 Local Government Tax Fund, the Build Illinois Fund, the

16 McCormick Place Expansion Project Fund, the Illinois Tax

17 Increment Fund, and the Tax Compliance and Administration Fund

18 as provided in this Section, the Department shall pay each

19 month into the Road Fund the amount estimated to represent 80%

20 of the net revenue realized from the taxes imposed on motor

21 fuel and gasohol. As used in this paragraph "motor fuel" has

22 the meaning given to that term in Section 1.1 of the Motor Fuel

23 Tax Law, and "gasohol" has the meaning given to that term in

24 Section 3-40 of the Use Tax Act.

25  Until July 1, 2025, of the remainder of the moneys

26 received by the Department pursuant to this Act, 75% thereof
   SB3019 Enrolled  - 1430 - LRB104 20255 HLH 33706 b

1 shall be paid into the State treasury and 25% shall be reserved

2 in a special account and used only for the transfer to the

3 Common School Fund as part of the monthly transfer from the

4 General Revenue Fund in accordance with Section 8a of the

5 State Finance Act. Beginning July 1, 2025, of the remainder of

6 the moneys received by the Department pursuant to this Act,

7 75% shall be deposited into the General Revenue Fund and 25%

8 shall be deposited into the Common School Fund.

9  The Department may, upon separate written notice to a

10 taxpayer, require the taxpayer to prepare and file with the

11 Department on a form prescribed by the Department within not

12 less than 60 days after receipt of the notice an annual

13 information return for the tax year specified in the notice.

14 Such annual return to the Department shall include a statement

15 of gross receipts as shown by the retailer's last federal

16 income tax return. If the total receipts of the business as

17 reported in the federal income tax return do not agree with the

18 gross receipts reported to the Department of Revenue for the

19 same period, the retailer shall attach to his annual return a

20 schedule showing a reconciliation of the 2 amounts and the

21 reasons for the difference. The retailer's annual return to

22 the Department shall also disclose the cost of goods sold by

23 the retailer during the year covered by such return, opening

24 and closing inventories of such goods for such year, costs of

25 goods used from stock or taken from stock and given away by the

26 retailer during such year, payroll information of the
    SB3019 Enrolled  - 1431 - LRB104 20255 HLH 33706 b

1 retailer's business during such year and any additional

2 reasonable information which the Department deems would be

3 helpful in determining the accuracy of the monthly, quarterly,

4 or annual returns filed by such retailer as provided for in

5 this Section.

6   If the annual information return required by this Section

7 is not filed when and as required, the taxpayer shall be liable

8 as follows:

9   (i) Until January 1, 1994, the taxpayer shall be

10  liable for a penalty equal to 1/6 of 1% of the tax due from

11  such taxpayer under this Act during the period to be

12  covered by the annual return for each month or fraction of

13  a month until such return is filed as required, the

14  penalty to be assessed and collected in the same manner as

15  any other penalty provided for in this Act.

16  (ii) On and after January 1, 1994, the taxpayer shall

17  be liable for a penalty as described in Section 3-4 of the

18  Uniform Penalty and Interest Act.

19  The chief executive officer, proprietor, owner, or highest

20 ranking manager shall sign the annual return to certify the

21 accuracy of the information contained therein. Any person who

22 willfully signs the annual return containing false or

23 inaccurate information shall be guilty of perjury and punished

24 accordingly. The annual return form prescribed by the

25 Department shall include a warning that the person signing the

26 return may be liable for perjury.
    SB3019 Enrolled           - 1432 - LRB104 20255 HLH 33706 b

1   The provisions of this Section concerning the filing of an

2 annual information return do not apply to a retailer who is not

3 required to file an income tax return with the United States

4 Government.

5   As soon as possible after the first day of each month, upon

6 certification of the Department of Revenue, the Comptroller

7 shall order transferred and the Treasurer shall transfer from

8 the General Revenue Fund to the Motor Fuel Tax Fund an amount

9 equal to 1.7% of 80% of the net revenue realized under this Act

10 for the second preceding month. Beginning April 1, 2000, this

11 transfer is no longer required and shall not be made.

12  Net revenue realized for a month shall be the revenue

13 collected by the State pursuant to this Act, less the amount

14 paid out during that month as refunds to taxpayers for

15 overpayment of liability.

16  For greater simplicity of administration, manufacturers,

17 importers and wholesalers whose products are sold at retail in

18 Illinois by numerous retailers, and who wish to do so, may

19 assume the responsibility for accounting and paying to the

20 Department all tax accruing under this Act with respect to

21 such sales, if the retailers who are affected do not make

22 written objection to the Department to this arrangement.

23  Any person who promotes, organizes, or provides retail

24 selling space for concessionaires or other types of sellers at

25 the Illinois State Fair, DuQuoin State Fair, county fairs,

26 local fairs, art shows, flea markets, and similar exhibitions
    SB3019 Enrolled          - 1433 - LRB104 20255 HLH 33706 b

1 or events, including any transient merchant as defined by

2 Section 2 of the Transient Merchant Act of 1987, is required to

3 file a report with the Department providing the name of the

4 merchant's business, the name of the person or persons engaged

5 in merchant's business, the permanent address and Illinois

6 Retailers Occupation Tax Registration Number of the merchant,

7 the dates and location of the event, and other reasonable

8 information that the Department may require. The report must

9 be filed not later than the 20th day of the month next

10 following the month during which the event with retail sales

11 was held. Any person who fails to file a report required by

12 this Section commits a business offense and is subject to a

13 fine not to exceed $250.

14  Any person engaged in the business of selling tangible

15 personal property at retail as a concessionaire or other type

16 of seller at the Illinois State Fair, county fairs, art shows,

17 flea markets, and similar exhibitions or events, or any

18 transient merchants, as defined by Section 2 of the Transient

19 Merchant Act of 1987, may be required to make a daily report of

20 the amount of such sales to the Department and to make a daily

21 payment of the full amount of tax due. The Department shall

22 impose this requirement when it finds that there is a

23 significant risk of loss of revenue to the State at such an

24 exhibition or event. Such a finding shall be based on evidence

25 that a substantial number of concessionaires or other sellers

26 who are not residents of Illinois will be engaging in the
    SB3019 Enrolled  - 1434 - LRB104 20255 HLH 33706 b

 1 business of selling tangible personal property at retail at
 2 the exhibition or event, or other evidence of a significant
 3 risk of loss of revenue to the State. The Department shall
 4 notify concessionaires and other sellers affected by the
 5 imposition of this requirement. In the absence of notification
 6 by the Department, the concessionaires and other sellers shall
 7 file their returns as otherwise required in this Section.
 8 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
 9 103-363, eff. 7-28-23; 103-592, Article 75, Section 75-20,
10 eff. 1-1-25; 103-592, Article 110, Section 110-20, eff.
11 6-7-24; 103-605, eff. 7-1-24; 103-1055, eff. 12-20-24; 104-6,
12 Article 5, Section 5-25, eff. 6-16-25; 104-6, Article 25,
13 Section 25-20, eff. 6-16-25; 104-6, Article 35, Section 35-35,
14 eff. 6-16-25; revised 1-12-26.)

15  (Text of Section after amendment by P.A. 104-457)

16  Sec. 3. Except as provided in this Section, on or before

17 the twentieth day of each calendar month, every person engaged

18 in the business of selling, which, on and after January 1,

19 2025, includes leasing, tangible personal property at retail

20 in this State during the preceding calendar month shall file a

21 return with the Department, stating:

22  1. The name of the seller;

23  2. His residence address and the address of his

24  principal place of business and the address of the

25  principal place of business (if that is a different
    SB3019 Enrolled    - 1435 - LRB104 20255 HLH 33706 b

1   address) from which he engages in the business of selling

2   tangible personal property at retail in this State;

3   3. Total amount of receipts received by him during the

4   preceding calendar month or quarter, as the case may be,

5   from sales of tangible personal property, and from

6   services furnished, by him during such preceding calendar

7   month or quarter;

8   4. Total amount received by him during the preceding

9   calendar month or quarter on charge and time sales of

10  tangible personal property, and from services furnished,

11  by him prior to the month or quarter for which the return

12  is filed;

13  5. Deductions allowed by law;

14  6. Gross receipts which were received by him during

15  the preceding calendar month or quarter and upon the basis

16  of which the tax is imposed, including gross receipts on

17  food for human consumption that is to be consumed off the

18  premises where it is sold (other than alcoholic beverages,

19  food consisting of or infused with adult use cannabis,

20  soft drinks, and food that has been prepared for immediate

21  consumption) which were received during the preceding

22  calendar month or quarter and upon which tax would have

23  been due but for the 0% rate imposed under Public Act

24  102-700;

25  7. The amount of credit provided in Section 2d of this

26  Act;
    SB3019 Enrolled          - 1436 - LRB104 20255 HLH 33706 b

1   8. The amount of tax due, including the amount of tax

2   that would have been due on food for human consumption

3   that is to be consumed off the premises where it is sold

4   (other than alcoholic beverages, food consisting of or

5   infused with adult use cannabis, soft drinks, and food

6   that has been prepared for immediate consumption) but for

7   the 0% rate imposed under Public Act 102-700;

8   9. The signature of the taxpayer; and

9   10. Such other reasonable information as the

10  Department may require.

11  In the case of leases, except as otherwise provided in

12 this Act, the lessor must remit for each tax return period only

13 the tax applicable to that part of the selling price actually

14 received during such tax return period.

15  On and after January 1, 2018, except for returns required

16 to be filed prior to January 1, 2023 for motor vehicles,

17 watercraft, aircraft, and trailers that are required to be

18 registered with an agency of this State, with respect to

19 retailers whose annual gross receipts average $20,000 or more,

20 all returns required to be filed pursuant to this Act shall be

21 filed electronically. On and after January 1, 2023, with

22 respect to retailers whose annual gross receipts average

23 $20,000 or more, all returns required to be filed pursuant to

24 this Act, including, but not limited to, returns for motor

25 vehicles, watercraft, aircraft, and trailers that are required

26 to be registered with an agency of this State, shall be filed
    SB3019 Enrolled  - 1437 - LRB104 20255 HLH 33706 b

1 electronically. Retailers who demonstrate that they do not

2 have access to the Internet or demonstrate hardship in filing

3 electronically may petition the Department to waive the

4 electronic filing requirement.

5   If a taxpayer fails to sign a return within 30 days after

6 the proper notice and demand for signature by the Department,

7 the return shall be considered valid and any amount shown to be

8 due on the return shall be deemed assessed.

9   Each return shall be accompanied by the statement of

10 prepaid tax issued pursuant to Section 2e for which credit is

11 claimed.

12  Prior to October 1, 2003 and on and after September 1,

13 2004, a retailer may accept a Manufacturer's Purchase Credit

14 certification from a purchaser in satisfaction of Use Tax as

15 provided in Section 3-85 of the Use Tax Act if the purchaser

16 provides the appropriate documentation as required by Section

17 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit

18 certification, accepted by a retailer prior to October 1, 2003

19 and on and after September 1, 2004 as provided in Section 3-85

20 of the Use Tax Act, may be used by that retailer to satisfy

21 Retailers' Occupation Tax liability in the amount claimed in

22 the certification, not to exceed 6.25% of the receipts subject

23 to tax from a qualifying purchase. A Manufacturer's Purchase

24 Credit reported on any original or amended return filed under

25 this Act after October 20, 2003 for reporting periods prior to

26 September 1, 2004 shall be disallowed. Manufacturer's Purchase
   SB3019 Enrolled  - 1438 - LRB104 20255 HLH 33706 b

1 Credit reported on annual returns due on or after January 1,

2 2005 will be disallowed for periods prior to September 1,

3 2004. No Manufacturer's Purchase Credit may be used after

4 September 30, 2003 through August 31, 2004 to satisfy any tax

5 liability imposed under this Act, including any audit

6 liability.

7  Beginning on July 1, 2023 and through December 31, 2032, a

8 retailer may accept a Sustainable Aviation Fuel Purchase

9 Credit certification from an air common carrier-purchaser in

10 satisfaction of Use Tax on aviation fuel as provided in

11 Section 3-87 of the Use Tax Act if the purchaser provides the

12 appropriate documentation as required by Section 3-87 of the

13 Use Tax Act. A Sustainable Aviation Fuel Purchase Credit

14 certification accepted by a retailer in accordance with this

15 paragraph may be used by that retailer to satisfy Retailers'

16 Occupation Tax liability (but not in satisfaction of penalty

17 or interest) in the amount claimed in the certification, not

18 to exceed 6.25% of the receipts subject to tax from a sale of

19 aviation fuel. In addition, for a sale of aviation fuel to

20 qualify to earn the Sustainable Aviation Fuel Purchase Credit,

21 retailers must retain in their books and records a

22 certification from the producer of the aviation fuel that the

23 aviation fuel sold by the retailer and for which a sustainable

24 aviation fuel purchase credit was earned meets the definition

25 of sustainable aviation fuel under Section 3-87 of the Use Tax

26 Act. The documentation must include detail sufficient for the
    SB3019 Enrolled    - 1439 - LRB104 20255 HLH 33706 b

1 Department to determine the number of gallons of sustainable

2 aviation fuel sold.

3   The Department may require returns to be filed on a

4 quarterly basis. If so required, a return for each calendar

5 quarter shall be filed on or before the twentieth day of the

6 calendar month following the end of such calendar quarter. The

7 taxpayer shall also file a return with the Department for each

8 of the first 2 months of each calendar quarter, on or before

9 the twentieth day of the following calendar month, stating:

10  1. The name of the seller;

11  2. The address of the principal place of business from

12  which he engages in the business of selling tangible

13  personal property at retail in this State;

14  3. The total amount of taxable receipts received by

15  him during the preceding calendar month from sales of

16  tangible personal property by him during such preceding

17  calendar month, including receipts from charge and time

18  sales, but less all deductions allowed by law;

19  4. The amount of credit provided in Section 2d of this

20  Act;

21  5. The amount of tax due; and

22  6. Such other reasonable information as the Department

23  may require.

24  Every person engaged in the business of selling aviation

25 fuel at retail in this State during the preceding calendar

26 month shall, instead of reporting and paying tax as otherwise
    SB3019 Enrolled  - 1440 - LRB104 20255 HLH 33706 b

1 required by this Section, report and pay such tax on a separate

2 aviation fuel tax return. The requirements related to the

3 return shall be as otherwise provided in this Section.

4 Notwithstanding any other provisions of this Act to the

5 contrary, retailers selling aviation fuel shall file all

6 aviation fuel tax returns and shall make all aviation fuel tax

7 payments by electronic means in the manner and form required

8 by the Department. For purposes of this Section, "aviation

9 fuel" means jet fuel and aviation gasoline.

10  Beginning on October 1, 2003, any person who is not a

11 licensed distributor, importing distributor, or manufacturer,

12 as defined in the Liquor Control Act of 1934, but is engaged in

13 the business of selling, at retail, alcoholic liquor shall

14 file a statement with the Department of Revenue, in a format

15 and at a time prescribed by the Department, showing the total

16 amount paid for alcoholic liquor purchased during the

17 preceding month and such other information as is reasonably

18 required by the Department. The Department may adopt rules to

19 require that this statement be filed in an electronic or

20 telephonic format. Such rules may provide for exceptions from

21 the filing requirements of this paragraph. For the purposes of

22 this paragraph, the term "alcoholic liquor" shall have the

23 meaning prescribed in the Liquor Control Act of 1934.

24  Beginning on October 1, 2003, every distributor, importing

25 distributor, and manufacturer of alcoholic liquor as defined

26 in the Liquor Control Act of 1934, shall file a statement with
    SB3019 Enrolled  - 1441 - LRB104 20255 HLH 33706 b

1 the Department of Revenue, no later than the 10th day of the

2 month for the preceding month during which transactions

3 occurred, by electronic means, showing the total amount of

4 gross receipts from the sale of alcoholic liquor sold or

5 distributed during the preceding month to purchasers;

6 identifying the purchaser to whom it was sold or distributed;

7 the purchaser's tax registration number; and such other

8 information reasonably required by the Department. A

9 distributor, importing distributor, or manufacturer of

10 alcoholic liquor must personally deliver, mail, or provide by

11 electronic means to each retailer listed on the monthly

12 statement a report containing a cumulative total of that

13 distributor's, importing distributor's, or manufacturer's

14 total sales of alcoholic liquor to that retailer no later than

15 the 10th day of the month for the preceding month during which

16 the transaction occurred. The distributor, importing

17 distributor, or manufacturer shall notify the retailer as to

18 the method by which the distributor, importing distributor, or

19 manufacturer will provide the sales information. If the

20 retailer is unable to receive the sales information by

21 electronic means, the distributor, importing distributor, or

22 manufacturer shall furnish the sales information by personal

23 delivery or by mail. For purposes of this paragraph, the term

24 "electronic means" includes, but is not limited to, the use of

25 a secure Internet website, e-mail, or facsimile.

26  If a total amount of less than $1 is payable, refundable or
   SB3019 Enrolled  - 1442 - LRB104 20255 HLH 33706 b

1 creditable, such amount shall be disregarded if it is less

2 than 50 cents and shall be increased to $1 if it is 50 cents or

3 more.

4  Notwithstanding any other provision of this Act to the

5 contrary, retailers subject to tax on cannabis shall file all

6 cannabis tax returns and shall make all cannabis tax payments

7 by electronic means in the manner and form required by the

8 Department.

9  Beginning October 1, 1993, a taxpayer who has an average

10 monthly tax liability of $150,000 or more shall make all

11 payments required by rules of the Department by electronic

12 funds transfer. Beginning October 1, 1994, a taxpayer who has

13 an average monthly tax liability of $100,000 or more shall

14 make all payments required by rules of the Department by

15 electronic funds transfer. Beginning October 1, 1995, a

16 taxpayer who has an average monthly tax liability of $50,000

17 or more shall make all payments required by rules of the

18 Department by electronic funds transfer. Beginning October 1,

19 2000, a taxpayer who has an annual tax liability of $200,000 or

20 more shall make all payments required by rules of the

21 Department by electronic funds transfer. The term "annual tax

22 liability" shall be the sum of the taxpayer's liabilities

23 under this Act, and under all other State and local occupation

24 and use tax laws administered by the Department, for the

25 immediately preceding calendar year. The term "average monthly

26 tax liability" shall be the sum of the taxpayer's liabilities
    SB3019 Enrolled  - 1443 - LRB104 20255 HLH 33706 b

1 under this Act, and under all other State and local occupation

2 and use tax laws administered by the Department, for the

3 immediately preceding calendar year divided by 12. Beginning

4 on October 1, 2002, a taxpayer who has a tax liability in the

5 amount set forth in subsection (b) of Section 2505-210 of the

6 Department of Revenue Law shall make all payments required by

7 rules of the Department by electronic funds transfer.

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 required

11 to make payments by electronic funds transfer shall make those

12 payments for a minimum of one year beginning on October 1.

13  Any taxpayer not required to make payments by electronic

14 funds transfer may make payments by electronic funds transfer

15 with the permission of the Department.

16  All taxpayers required to make payment by electronic funds

17 transfer and any taxpayers authorized to voluntarily make

18 payments by electronic funds transfer shall make those

19 payments in the manner authorized by the Department.

20  The Department shall adopt such rules as are necessary to

21 effectuate a program of electronic funds transfer and the

22 requirements of this Section.

23  Any amount which is required to be shown or reported on any

24 return or other document under this Act shall, if such amount

25 is not a whole-dollar amount, be increased to the nearest

26 whole-dollar amount in any case where the fractional part of a
    SB3019 Enrolled        - 1444 - LRB104 20255 HLH 33706 b

1 dollar is 50 cents or more, and decreased to the nearest

2 whole-dollar amount where the fractional part of a dollar is

3 less than 50 cents.

4   If the retailer is otherwise required to file a monthly

5 return and if the retailer's average monthly tax liability to

6 the Department does not exceed $200, the Department may

7 authorize his returns to be filed on a quarter annual basis,

8 with the return for January, February, and March of a given

9 year being due by April 20 of such year; with the return for

10 April, May, and June of a given year being due by July 20 of

11 such year; with the return for July, August, and September of a

12 given year being due by October 20 of such year, and with the

13 return for October, November, and December of a given year

14 being due by January 20 of the following year.

15  If the retailer is otherwise required to file a monthly or

16 quarterly return and if the retailer's average monthly tax

17 liability with the Department does not exceed $50, the

18 Department may authorize his returns to be filed on an annual

19 basis, with the return for a given year being due by January 20

20 of the following year.

21  Such quarter annual and annual returns, as to form and

22 substance, shall be subject to the same requirements as

23 monthly returns.

24  Notwithstanding any other provision in this Act concerning

25 the time within which a retailer may file his return, in the

26 case of any retailer who ceases to engage in a kind of business
    SB3019 Enrolled      - 1445 - LRB104 20255 HLH 33706 b

1 which makes him responsible for filing returns under this Act,

2 such retailer shall file a final return under this Act with the

3 Department not more than one month after discontinuing such

4 business.

5   Where the same person has more than one business

6 registered with the Department under separate registrations

7 under this Act, such person may not file each return that is

8 due as a single return covering all such registered

9 businesses, but shall file separate returns for each such

10 registered business.

11  In addition, with respect to motor vehicles, watercraft,

12 aircraft, and trailers that are required to be registered with

13 an agency of this State, except as otherwise provided in this

14 Section, every retailer selling this kind of tangible personal

15 property shall file, with the Department, upon a form to be

16 prescribed and supplied by the Department, a separate return

17 for each such item of tangible personal property which the

18 retailer sells, except that if, in the same transaction, (i) a

19 retailer of aircraft, watercraft, motor vehicles, or trailers

20 transfers more than one aircraft, watercraft, motor vehicle,

21 or trailer to another aircraft, watercraft, motor vehicle

22 retailer, or trailer retailer for the purpose of resale or

23 (ii) a retailer of aircraft, watercraft, motor vehicles, or

24 trailers transfers more than one aircraft, watercraft, motor

25 vehicle, or trailer to a purchaser for use as a qualifying

26 rolling stock as provided in Section 2-5 of this Act, then that
    SB3019 Enrolled  - 1446 - LRB104 20255 HLH 33706 b

1 seller may report the transfer of all aircraft, watercraft,

2 motor vehicles, or trailers involved in that transaction to

3 the Department on the same uniform invoice-transaction

4 reporting return form. For purposes of this Section,

5 "watercraft" means a Class 2, Class 3, or Class 4 watercraft as

6 defined in Section 3-2 of the Boat Registration and Safety

7 Act, a personal watercraft, or any boat equipped with an

8 inboard motor.

9   In addition, with respect to motor vehicles, watercraft,

10 aircraft, and trailers that are required to be registered with

11 an agency of this State, every person who is engaged in the

12 business of leasing or renting such items and who, in

13 connection with such business, sells any such item to a

14 retailer for the purpose of resale is, notwithstanding any

15 other provision of this Section to the contrary, authorized to

16 meet the return-filing requirement of this Act by reporting

17 the transfer of all the aircraft, watercraft, motor vehicles,

18 or trailers transferred for resale during a month to the

19 Department on the same uniform invoice-transaction reporting

20 return form on or before the 20th of the month following the

21 month in which the transfer takes place. Notwithstanding any

22 other provision of this Act to the contrary, all returns filed

23 under this paragraph must be filed by electronic means in the

24 manner and form as required by the Department.

25  Any retailer who sells only motor vehicles, watercraft,

26 aircraft, or trailers that are required to be registered with
   SB3019 Enrolled  - 1447 - LRB104 20255 HLH 33706 b

1 an agency of this State, so that all retailers' occupation tax

2 liability is required to be reported, and is reported, on such

3 transaction reporting returns and who is not otherwise

4 required to file monthly or quarterly returns, need not file

5 monthly or quarterly returns. However, those retailers shall

6 be required to file returns on an annual basis.

7  The transaction reporting return, in the case of motor

8 vehicles or trailers that are required to be registered with

9 an agency of this State, shall be the same document as the

10 Uniform Invoice referred to in Section 5-402 of the Illinois

11 Vehicle Code and must show the name and address of the seller;

12 the name and address of the purchaser; the amount of the

13 selling price including the amount allowed by the retailer for

14 traded-in property, if any; the amount allowed by the retailer

15 for the traded-in tangible personal property, if any, to the

16 extent to which Section 1 of this Act allows an exemption for

17 the value of traded-in property; the balance payable after

18 deducting such trade-in allowance from the total selling

19 price; the amount of tax due from the retailer with respect to

20 such transaction; the amount of tax collected from the

21 purchaser by the retailer on such transaction (or satisfactory

22 evidence that such tax is not due in that particular instance,

23 if that is claimed to be the fact); the place and date of the

24 sale; a sufficient identification of the property sold; such

25 other information as is required in Section 5-402 of the

26 Illinois Vehicle Code, and such other information as the
    SB3019 Enrolled  - 1448 - LRB104 20255 HLH 33706 b

1 Department may reasonably require.

2   The transaction reporting return in the case of watercraft

3 or aircraft must show the name and address of the seller; the

4 name and address of the purchaser; the amount of the selling

5 price including the amount allowed by the retailer for

6 traded-in property, if any; the amount allowed by the retailer

7 for the traded-in tangible personal property, if any, to the

8 extent to which Section 1 of this Act allows an exemption for

9 the value of traded-in property; the balance payable after

10 deducting such trade-in allowance from the total selling

11 price; the amount of tax due from the retailer with respect to

12 such transaction; the amount of tax collected from the

13 purchaser by the retailer on such transaction (or satisfactory

14 evidence that such tax is not due in that particular instance,

15 if that is claimed to be the fact); the place and date of the

16 sale, a sufficient identification of the property sold, and

17 such other information as the Department may reasonably

18 require.

19  Such transaction reporting return shall be filed not later

20 than 20 days after the day of delivery of the item that is

21 being sold, but may be filed by the retailer at any time sooner

22 than that if he chooses to do so. The transaction reporting

23 return and tax remittance or proof of exemption from the

24 Illinois use tax may be transmitted to the Department by way of

25 the State agency with which, or State officer with whom the

26 tangible personal property must be titled or registered (if
    SB3019 Enrolled            - 1449 - LRB104 20255 HLH 33706 b

1 titling or registration is required) if the Department and

2 such agency or State officer determine that this procedure

3 will expedite the processing of applications for title or

4 registration.

5   With each such transaction reporting return, the retailer

6 shall remit the proper amount of tax due (or shall submit

7 satisfactory evidence that the sale is not taxable if that is

8 the case), to the Department or its agents, whereupon the

9 Department shall issue, in the purchaser's name, a use tax

10 receipt (or a certificate of exemption if the Department is

11 satisfied that the particular sale is tax-exempt) which such

12 purchaser may submit to the agency with which, or State

13 officer with whom, he must title or register the tangible

14 personal property that is involved (if titling or registration

15 is required) in support of such purchaser's application for an

16 Illinois certificate or other evidence of title or

17 registration to such tangible personal property.

18  No retailer's failure or refusal to remit tax under this

19 Act precludes a user, who has paid the proper tax to the

20 retailer, from obtaining his certificate of title or other

21 evidence of title or registration (if titling or registration

22 is required) upon satisfying the Department that such user has

23 paid the proper tax (if tax is due) to the retailer. The

24 Department shall adopt appropriate rules to carry out the

25 mandate of this paragraph.

26  If the user who would otherwise pay tax to the retailer
    SB3019 Enrolled  - 1450 - LRB104 20255 HLH 33706 b

1 wants the transaction reporting return filed and the payment

2 of the tax or proof of exemption made to the Department before

3 the retailer is willing to take these actions and such user has

4 not paid the tax to the retailer, such user may certify to the

5 fact of such delay by the retailer and may (upon the Department

6 being satisfied of the truth of such certification) transmit

7 the information required by the transaction reporting return

8 and the remittance for tax or proof of exemption directly to

9 the Department and obtain his tax receipt or exemption

10 determination, in which event the transaction reporting return

11 and tax remittance (if a tax payment was required) shall be

12 credited by the Department to the proper retailer's account

13 with the Department, but without the vendor's discount

14 provided for in this Section being allowed. When the user pays

15 the tax directly to the Department, he shall pay the tax in the

16 same amount and in the same form in which it would be remitted

17 if the tax had been remitted to the Department by the retailer.

18  On and after January 1, 2025, with respect to the lease of

19 trailers, other than semitrailers as defined in Section 1-187

20 of the Illinois Vehicle Code, that are required to be

21 registered with an agency of this State and that are subject to

22 the tax on lease receipts under this Act, notwithstanding any

23 other provision of this Act to the contrary, for the purpose of

24 reporting and paying tax under this Act on those lease

25 receipts, lessors shall file returns in addition to and

26 separate from the transaction reporting return. Lessors shall
    SB3019 Enrolled  - 1451 - LRB104 20255 HLH 33706 b

1 file those lease returns and make payment to the Department by

2 electronic means on or before the 20th day of each month

3 following the month, quarter, or year, as applicable, in which

4 lease receipts were received. All lease receipts received by

5 the lessor from the lease of those trailers during the same

6 reporting period shall be reported and tax shall be paid on a

7 single return form to be prescribed by the Department.

8   Refunds made by the seller during the preceding return

9 period to purchasers, on account of tangible personal property

10 returned to the seller, shall be allowed as a deduction under

11 subdivision 5 of his monthly or quarterly return, as the case

12 may be, in case the seller had theretofore included the

13 receipts from the sale of such tangible personal property in a

14 return filed by him and had paid the tax imposed by this Act

15 with respect to such receipts.

16  Where the seller is a corporation, the return filed on

17 behalf of such corporation shall be signed by the president,

18 vice-president, secretary, or treasurer or by the properly

19 accredited agent of such corporation.

20  Where the seller is a limited liability company, the

21 return filed on behalf of the limited liability company shall

22 be signed by a manager, member, or properly accredited agent

23 of the limited liability company.

24  Except as provided in this Section, the retailer filing

25 the return under this Section shall, at the time of filing such

26 return, pay to the Department the amount of tax imposed by this
SB3019 Enrolled  - 1452 - LRB104 20255 HLH 33706 b

 1 Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
 2 on and after January 1, 1990, or $5 per calendar year,
 3 whichever is greater, which is allowed to reimburse the
 4 retailer for the expenses incurred in keeping records,
 5 preparing and filing returns, remitting the tax and supplying
 6 data to the Department on request. A certified service
 7 provider, as defined in the Leveling the Playing Field for
 8 Illinois Retail Act, filing the return under this Section on
 9 behalf of a remote retailer or a retailer maintaining a place
10 of business in this State shall, at the time of such return,
11 pay to the Department the amount of tax imposed by this Act
12 less a discount of 1.75%. A remote retailer or a retailer
13 maintaining a place of business in this State using a
14 certified service provider to file a return on its behalf, as
15 provided in the Leveling the Playing Field for Illinois Retail
16 Act, is not eligible for the discount. Beginning with returns
17 due on or after January 1, 2025, the vendor's discount allowed
18 in this Section, the Service Occupation Tax Act, the Use Tax
19 Act, and the Service Use Tax Act, including any local tax
20 administered by the Department and reported on the same
21 return, shall not exceed $1,000 per month in the aggregate for
22 returns other than transaction returns filed during the month.
23 When determining the discount allowed under this Section,
24 retailers shall include the amount of tax that would have been
25 due at the 1% rate but for the 0% rate imposed under Public Act
26 102-700. When determining the discount allowed under this
    SB3019 Enrolled  - 1453 - LRB104 20255 HLH 33706 b

1 Section, retailers shall include the amount of tax that would

2 have been due at the 6.25% rate but for the 1.25% rate imposed

3 on sales tax holiday items under Public Act 102-700. The

4 discount under this Section is not allowed for the 1.25%

5 portion of taxes paid on aviation fuel that is subject to the

6 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

7 47133. Any prepayment made pursuant to Section 2d of this Act

8 shall be included in the amount on which such discount is

9 computed. In the case of retailers who report and pay the tax

10 on a transaction by transaction basis, as provided in this

11 Section, such discount shall be taken with each such tax

12 remittance instead of when such retailer files his periodic

13 return, but, beginning with returns due on or after January 1,

14 2025, the vendor's discount allowed under this Section and the

15 Use Tax Act, including any local tax administered by the

16 Department and reported on the same transaction return, shall

17 not exceed $1,000 per month for all transaction returns filed

18 during the month. The discount allowed under this Section is

19 allowed only for returns that are filed in the manner required

20 by this Act. The Department may disallow the discount for

21 retailers whose certificate of registration is revoked at the

22 time the return is filed, but only if the Department's

23 decision to revoke the certificate of registration has become

24 final.

25  Before October 1, 2000, if the taxpayer's average monthly

26 tax liability to the Department under this Act, the Use Tax
SB3019 Enrolled  - 1454 - LRB104 20255 HLH 33706 b

 1 Act, the Service Occupation Tax Act, and the Service Use Tax
 2 Act, excluding any liability for prepaid sales tax to be
 3 remitted in accordance with Section 2d of this Act, was
 4 $10,000 or more during the preceding 4 complete calendar
 5 quarters, he shall file a return with the Department each
 6 month by the 20th day of the month next following the month
 7 during which such tax liability is incurred and shall make
 8 payments to the Department on or before the 7th, 15th, 22nd and
 9 last day of the month during which such liability is incurred.
10 On and after October 1, 2000, if the taxpayer's average
11 monthly tax liability to the Department under this Act, the
12 Use Tax Act, the Service Occupation Tax Act, and the Service
13 Use Tax Act, excluding any liability for prepaid sales tax to
14 be remitted in accordance with Section 2d of this Act, was
15 $20,000 or more during the preceding 4 complete calendar
16 quarters, he shall file a return with the Department each
17 month by the 20th day of the month next following the month
18 during which such tax liability is incurred and shall make
19 payment to the Department on or before the 7th, 15th, 22nd and
20 last day of the month during which such liability is incurred.
21 If the month during which such tax liability is incurred began
22 prior to January 1, 1985, each payment shall be in an amount
23 equal to 1/4 of the taxpayer's actual liability for the month
24 or an amount set by the Department not to exceed 1/4 of the
25 average monthly liability of the taxpayer to the Department
26 for the preceding 4 complete calendar quarters (excluding the
SB3019 Enrolled  - 1455 - LRB104 20255 HLH 33706 b

 1 month of highest liability and the month of lowest liability
 2 in such 4 quarter period). If the month during which such tax
 3 liability is incurred begins on or after January 1, 1985 and
 4 prior to January 1, 1987, each payment shall be in an amount
 5 equal to 22.5% of the taxpayer's actual liability for the
 6 month or 27.5% of the taxpayer's liability for the same
 7 calendar month of the preceding year. If the month during
 8 which such tax liability is incurred begins on or after
 9 January 1, 1987 and prior to January 1, 1988, each payment
10 shall be in an amount equal to 22.5% of the taxpayer's actual
11 liability for the month or 26.25% of the taxpayer's liability
12 for the same calendar month of the preceding year. If the month
13 during which such tax liability is incurred begins on or after
14 January 1, 1988, and prior to January 1, 1989, or begins on or
15 after January 1, 1996, each payment shall be in an amount equal
16 to 22.5% of the taxpayer's actual liability for the month or
17 25% of the taxpayer's liability for the same calendar month of
18 the preceding year. If the month during which such tax
19 liability is incurred begins on or after January 1, 1989, and
20 prior to January 1, 1996, each payment shall be in an amount
21 equal to 22.5% of the taxpayer's actual liability for the
22 month or 25% of the taxpayer's liability for the same calendar
23 month of the preceding year or 100% of the taxpayer's actual
24 liability for the quarter monthly reporting period. The amount
25 of such quarter monthly payments shall be credited against the
26 final tax liability of the taxpayer's return for that month.
SB3019 Enrolled  - 1456 - LRB104 20255 HLH 33706 b

 1 Before October 1, 2000, once applicable, the requirement of
 2 the making of quarter monthly payments to the Department by
 3 taxpayers having an average monthly tax liability of $10,000
 4 or more as determined in the manner provided above shall
 5 continue until such taxpayer's average monthly liability to
 6 the Department during the preceding 4 complete calendar
 7 quarters (excluding the month of highest liability and the
 8 month of lowest liability) is less than $9,000, or until such
 9 taxpayer's average monthly liability to the Department as
10 computed for each calendar quarter of the 4 preceding complete
11 calendar quarter period is less than $10,000. However, if a
12 taxpayer can show the Department that a substantial change in
13 the taxpayer's business has occurred which causes the taxpayer
14 to anticipate that his average monthly tax liability for the
15 reasonably foreseeable future will fall below the $10,000
16 threshold stated above, then such taxpayer may petition the
17 Department for a change in such taxpayer's reporting status.
18 On and after October 1, 2000, once applicable, the requirement
19 of the making of quarter monthly payments to the Department by
20 taxpayers having an average monthly tax liability of $20,000
21 or more as determined in the manner provided above shall
22 continue until such taxpayer's average monthly liability to
23 the Department during the preceding 4 complete calendar
24 quarters (excluding the month of highest liability and the
25 month of lowest liability) is less than $19,000 or until such
26 taxpayer's average monthly liability to the Department as
SB3019 Enrolled  - 1457 - LRB104 20255 HLH 33706 b

 1 computed for each calendar quarter of the 4 preceding complete
 2 calendar quarter period is less than $20,000. However, if a
 3 taxpayer can show the Department that a substantial change in
 4 the taxpayer's business has occurred which causes the taxpayer
 5 to anticipate that his average monthly tax liability for the
 6 reasonably foreseeable future will fall below the $20,000
 7 threshold stated above, then such taxpayer may petition the
 8 Department for a change in such taxpayer's reporting status.
 9 The Department shall change such taxpayer's reporting status
10 unless it finds that such change is seasonal in nature and not
11 likely to be long term. Quarter monthly payment status shall
12 be determined under this paragraph as if the rate reduction to
13 0% in Public Act 102-700 on food for human consumption that is
14 to be consumed off the premises where it is sold (other than
15 alcoholic beverages, food consisting of or infused with adult
16 use cannabis, soft drinks, and food that has been prepared for
17 immediate consumption) had not occurred. For quarter monthly
18 payments due under this paragraph on or after July 1, 2023 and
19 through June 30, 2024, "25% of the taxpayer's liability for
20 the same calendar month of the preceding year" shall be
21 determined as if the rate reduction to 0% in Public Act 102-700
22 had not occurred. Quarter monthly payment status shall be
23 determined under this paragraph as if the rate reduction to
24 1.25% in Public Act 102-700 on sales tax holiday items had not
25 occurred. For quarter monthly payments due on or after July 1,
26 2023 and through June 30, 2024, "25% of the taxpayer's
    SB3019 Enrolled  - 1458 - LRB104 20255 HLH 33706 b

1 liability for the same calendar month of the preceding year"

2 shall be determined as if the rate reduction to 1.25% in Public

3 Act 102-700 on sales tax holiday items had not occurred. If any

4 such quarter monthly payment is not paid at the time or in the

5 amount required by this Section, then the taxpayer shall be

6 liable for penalties and interest on the difference between

7 the minimum amount due as a payment and the amount of such

8 quarter monthly payment actually and timely paid, except

9 insofar as the taxpayer has previously made payments for that

10 month to the Department in excess of the minimum payments

11 previously due as provided in this Section. The Department

12 shall make reasonable rules and regulations to govern the

13 quarter monthly payment amount and quarter monthly payment

14 dates for taxpayers who file on other than a calendar monthly

15 basis.

16  The provisions of this paragraph apply before October 1,

17 2001. 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 in

21 excess of $25,000 per month during the preceding 2 complete

22 calendar quarters, shall file a return with the Department as

23 required by Section 2f and shall make payments to the

24 Department on or before the 7th, 15th, 22nd and last day of the

25 month during which such liability is incurred. If the month

26 during which such tax liability is incurred began prior to
    SB3019 Enrolled  - 1459 - LRB104 20255 HLH 33706 b

1 September 1, 1985 (the effective date of Public Act 84-221),

2 each payment shall be in an amount not less than 22.5% of the

3 taxpayer's actual liability under Section 2d. If the month

4 during which such tax liability is incurred begins on or after

5 January 1, 1986, each payment shall be in an amount equal to

6 22.5% of the taxpayer's actual liability for the month or

7 27.5% of the taxpayer's liability for the same calendar month

8 of the preceding calendar year. If the month during which such

9 tax liability is incurred begins on or after January 1, 1987,

10 each payment shall be in an amount equal to 22.5% of the

11 taxpayer's actual liability for the month or 26.25% of the

12 taxpayer's liability for the same calendar month of the

13 preceding year. The amount of such quarter monthly payments

14 shall be credited against the final tax liability of the

15 taxpayer's return for that month filed under this Section or

16 Section 2f, as the case may be. Once applicable, the

17 requirement of the making of quarter monthly payments to the

18 Department pursuant to this paragraph shall continue until

19 such taxpayer's average monthly prepaid tax collections during

20 the preceding 2 complete calendar quarters is $25,000 or less.

21 If any such quarter monthly payment is not paid at the time or

22 in the amount required, the taxpayer shall be liable for

23 penalties and interest on such difference, except insofar as

24 the taxpayer has previously made payments for that month in

25 excess of the minimum payments previously due.

26  The provisions of this paragraph apply on and after
SB3019 Enrolled  - 1460 - LRB104 20255 HLH 33706 b

 1 October 1, 2001. Without regard to whether a taxpayer is
 2 required to make quarter monthly payments as specified above,
 3 any taxpayer who is required by Section 2d of this Act to
 4 collect and remit prepaid taxes and has collected prepaid
 5 taxes that average in excess of $20,000 per month during the
 6 preceding 4 complete calendar quarters shall file a return
 7 with the Department as required by Section 2f and shall make
 8 payments to the Department on or before the 7th, 15th, 22nd,
 9 and last day of the month during which the liability is
10 incurred. Each payment shall be in an amount equal to 22.5% of
11 the taxpayer's actual liability for the month or 25% of the
12 taxpayer's liability for the same calendar month of the
13 preceding year. The amount of the quarter monthly payments
14 shall be credited against the final tax liability of the
15 taxpayer's return for that month filed under this Section or
16 Section 2f, as the case may be. Once applicable, the
17 requirement of the making of quarter monthly payments to the
18 Department pursuant to this paragraph shall continue until the
19 taxpayer's average monthly prepaid tax collections during the
20 preceding 4 complete calendar quarters (excluding the month of
21 highest liability and the month of lowest liability) is less
22 than $19,000 or until such taxpayer's average monthly
23 liability to the Department as computed for each calendar
24 quarter of the 4 preceding complete calendar quarters is less
25 than $20,000. If any such quarter monthly payment is not paid
26 at the time or in the amount required, the taxpayer shall be
    SB3019 Enrolled     - 1461 - LRB104 20255 HLH 33706 b

1 liable for penalties and interest on such difference, except

2 insofar as the taxpayer has previously made payments for that

3 month in excess of the minimum payments previously due.

4   If any payment provided for in this Section exceeds the

5 taxpayer's liabilities under this Act, the Use Tax Act, the

6 Service Occupation Tax Act, and the Service Use Tax Act, as

7 shown on an original monthly return, the Department shall, if

8 requested by the taxpayer, issue to the taxpayer a credit

9 memorandum no later than 30 days after the date of payment. The

10 credit evidenced by such credit memorandum may be assigned by

11 the taxpayer to a similar taxpayer under this Act, the Use Tax

12 Act, the Service Occupation Tax Act, or the Service Use Tax

13 Act, in accordance with reasonable rules and regulations to be

14 prescribed by the Department. If no such request is made, the

15 taxpayer may credit such excess payment against tax liability

16 subsequently to be remitted to the Department under this Act,

17 the Use Tax Act, the Service Occupation Tax Act, or the Service

18 Use Tax Act, in accordance with reasonable rules and

19 regulations prescribed by the Department. If the Department

20 subsequently determined that all or any part of the credit

21 taken was not actually due to the taxpayer, the taxpayer's

22 vendor's discount shall be reduced, if necessary, to reflect

23 the difference between the credit taken and that actually due,

24 and that taxpayer shall be liable for penalties and interest

25 on such difference.

26  If a retailer of motor fuel is entitled to a credit under
    SB3019 Enrolled         - 1462 - LRB104 20255 HLH 33706 b

1 Section 2d of this Act which exceeds the taxpayer's liability

2 to the Department under this Act for the month for which the

3 taxpayer is filing a return, the Department shall issue the

4 taxpayer a credit memorandum for the excess.

5   The net revenue realized at the 15% rate under either

6 Section 4 or Section 5 of this Act shall be deposited as

7 follows: (i) notwithstanding the provisions of this Section to

8 the contrary, the net revenue realized from the portion of the

9 rate in excess of 5% shall be deposited into the State and

10 Local Sales Tax Reform Fund; and (ii) the net revenue realized

11 from the 5% portion of the rate shall be deposited as provided

12 in this Section for the 5% portion of the 6.25% general rate

13 imposed under this Act.

14  Beginning January 1, 1990, each month the Department shall

15 pay into the Local Government Tax Fund, a special fund in the

16 State treasury which is hereby created, the net revenue

17 realized for the preceding month from the 1% tax imposed under

18 this Act.

19  Beginning January 1, 1990, each month the Department shall

20 pay into the County and Mass Transit District Fund, a special

21 fund in the State treasury which is hereby created, 4% of the

22 net revenue realized for the preceding month from the 6.25%

23 general rate other than aviation fuel sold on or after

24 December 1, 2019. This exception for aviation fuel only

25 applies for so long as the revenue use requirements of 49

26 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
    SB3019 Enrolled  - 1463 - LRB104 20255 HLH 33706 b

1   Beginning August 1, 2000, each month the Department shall

2 pay into the County and Mass Transit District Fund 20% of the

3 net revenue realized for the preceding month from the 1.25%

4 rate on the selling price of motor fuel and gasohol. If, in any

5 month, the tax on sales tax holiday items, as defined in

6 Section 2-8, is imposed at the rate of 1.25%, then the

7 Department shall pay 20% of the net revenue realized for that

8 month from the 1.25% rate on the selling price of sales tax

9 holiday items into the County and Mass Transit District Fund.

10  Beginning January 1, 1990, each month the Department shall

11 pay into the Local Government Tax Fund 16% of the net revenue

12 realized for the preceding month from the 6.25% general rate

13 on the selling price of tangible personal property other than

14 aviation fuel sold on or after December 1, 2019. This

15 exception for aviation fuel only applies for so long as the

16 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

17 47133 are binding on the State.

18  For aviation fuel sold on or after December 1, 2019, each

19 month the Department shall pay into the State Aviation Program

20 Fund 20% of the net revenue realized for the preceding month

21 from the 6.25% general rate on the selling price of aviation

22 fuel, less an amount estimated by the Department to be

23 required for refunds of the 20% portion of the tax on aviation

24 fuel under this Act, which amount shall be deposited into the

25 Aviation Fuel Sales Tax Refund Fund. The Department shall only

26 pay moneys into the State Aviation Program Fund and the
    SB3019 Enrolled         - 1464 - LRB104 20255 HLH 33706 b

1 Aviation Fuel Sales Tax Refund Fund under this Act for so long

2 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

3 U.S.C. 47133 are binding on the State.

4   Beginning August 1, 2000, each month the Department shall

5 pay into the Local Government Tax Fund 80% of the net revenue

6 realized for the preceding month from the 1.25% rate on the

7 selling price of motor fuel and gasohol. If, in any month, the

8 tax on sales tax holiday items, as defined in Section 2-8, is

9 imposed at the rate of 1.25%, then the Department shall pay 80%

10 of the net revenue realized for that month from the 1.25% rate

11 on the selling price of sales tax holiday items into the Local

12 Government Tax Fund.

13  Beginning October 1, 2009, each month the Department shall

14 pay into the Capital Projects Fund an amount that is equal to

15 an amount estimated by the Department to represent 80% of the

16 net revenue realized for the preceding month from the sale of

17 candy, grooming and hygiene products, and soft drinks that had

18 been taxed at a rate of 1% prior to September 1, 2009 but that

19 are now taxed at 6.25%.

20  Beginning July 1, 2011, each month the Department shall

21 pay into the Clean Air Act Permit Fund 80% of the net revenue

22 realized for the preceding month from the 6.25% general rate

23 on the selling price of sorbents used in Illinois in the

24 process of sorbent injection as used to comply with the

25 Environmental Protection Act or the federal Clean Air Act, but

26 the total payment into the Clean Air Act Permit Fund under this
    SB3019 Enrolled        - 1465 - LRB104 20255 HLH 33706 b

1 Act and the Use Tax Act shall not exceed $2,000,000 in any

2 fiscal year.

3   Beginning July 1, 2013, each month the Department shall

4 pay into the Underground Storage Tank Fund from the proceeds

5 collected under this Act, the Use Tax Act, the Service Use Tax

6 Act, and the Service Occupation Tax Act an amount equal to the

7 average monthly deficit in the Underground Storage Tank Fund

8 during the prior year, as certified annually by the Illinois

9 Environmental Protection Agency, but the total payment into

10 the Underground Storage Tank Fund under this Act, the Use Tax

11 Act, the Service Use Tax Act, and the Service Occupation Tax

12 Act shall not exceed $18,000,000 in any State fiscal year. As

13 used in this paragraph, the "average monthly deficit" shall be

14 equal to the difference between the average monthly claims for

15 payment by the fund and the average monthly revenues deposited

16 into the fund, excluding payments made pursuant to this

17 paragraph.

18  Beginning July 1, 2015, of the remainder of the moneys

19 received by the Department under the Use Tax Act, the Service

20 Use Tax Act, the Service Occupation Tax Act, and this Act, each

21 month the Department shall deposit $500,000 into the State

22 Crime Laboratory Fund.

23  Of the remainder of the moneys received by the Department

24 pursuant to this Act, (a) 1.75% thereof shall be paid into the

25 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

26 and after July 1, 1989, 3.8% thereof shall be paid into the
    SB3019 Enrolled  - 1466 - LRB104 20255 HLH 33706 b

1 Build Illinois Fund; provided, however, that if in any fiscal

2 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

3 may be, of the moneys received by the Department and required

4 to be paid into the Build Illinois Fund pursuant to this Act,

5 Section 9 of the Use Tax Act, Section 9 of the Service Use Tax

6 Act, and Section 9 of the Service Occupation Tax Act, such Acts

7 being hereinafter called the "Tax Acts" and such aggregate of

8 2.2% or 3.8%, as the case may be, of moneys being hereinafter

9 called the "Tax Act Amount", and (2) the amount transferred to

10 the Build Illinois Fund from the State and Local Sales Tax

11 Reform Fund shall be less than the Annual Specified Amount (as

12 hereinafter defined), an amount equal to the difference shall

13 be immediately paid into the Build Illinois Fund from other

14 moneys received by the Department pursuant to the Tax Acts;

15 the "Annual Specified Amount" means the amounts specified

16 below for fiscal years 1986 through 1993:

17  Fiscal Year      Annual Specified Amount

18  1986                                      $54,800,000

19  1987                                      $76,650,000

20  1988                                      $80,480,000

21  1989                                      $88,510,000

22  1990             $115,330,000

23  1991             $145,470,000

24  1992             $182,730,000

25  1993             $206,520,000;

26 and means the Certified Annual Debt Service Requirement (as
SB3019 Enrolled  - 1467 - LRB104 20255 HLH 33706 b

 1 defined in Section 13 of the Build Illinois Bond Act) or the
 2 Tax Act Amount, whichever is greater, for fiscal year 1994 and
 3 each fiscal year thereafter; and further provided, that if on
 4 the last business day of any month the sum of (1) the Tax Act
 5 Amount required to be deposited into the Build Illinois Bond
 6 Account in the Build Illinois Fund during such month and (2)
 7 the amount transferred to the Build Illinois Fund from the
 8 State and Local Sales Tax Reform Fund shall have been less than
 9 1/12 of the Annual Specified Amount, an amount equal to the
10 difference shall be immediately paid into the Build Illinois
11 Fund from other moneys received by the Department pursuant to
12 the Tax Acts; and, further provided, that in no event shall the
13 payments required under the preceding proviso result in
14 aggregate payments into the Build Illinois Fund pursuant to
15 this clause (b) for any fiscal year in excess of the greater of
16 (i) the Tax Act Amount or (ii) the Annual Specified Amount for
17 such fiscal year. The amounts payable into the Build Illinois
18 Fund under clause (b) of the first sentence in this paragraph
19 shall be payable only until such time as the aggregate amount
20 on deposit under each trust indenture securing Bonds issued
21 and outstanding pursuant to the Build Illinois Bond Act is
22 sufficient, taking into account any future investment income,
23 to fully provide, in accordance with such indenture, for the
24 defeasance of or the payment of the principal of, premium, if
25 any, and interest on the Bonds secured by such indenture and on
26 any Bonds expected to be issued thereafter and all fees and
    SB3019 Enrolled  - 1468 - LRB104 20255 HLH 33706 b

1 costs payable with respect thereto, all as certified by the

2 Director of the Bureau of the Budget (now Governor's Office of

3 Management and Budget). If on the last business day of any

4 month in which Bonds are outstanding pursuant to the Build

5 Illinois Bond Act, the aggregate of moneys deposited into the

6 Build Illinois Bond Account in the Build Illinois Fund in such

7 month shall be less than the amount required to be transferred

8 in such month from the Build Illinois Bond Account to the Build

9 Illinois Bond Retirement and Interest Fund pursuant to Section

10 13 of the Build Illinois Bond Act, an amount equal to such

11 deficiency shall be immediately paid from other moneys

12 received by the Department pursuant to the Tax Acts to the

13 Build Illinois Fund; provided, however, that any amounts paid

14 to the Build Illinois Fund in any fiscal year pursuant to this

15 sentence shall be deemed to constitute payments pursuant to

16 clause (b) of the first sentence of this paragraph and shall

17 reduce the amount otherwise payable for such fiscal year

18 pursuant to that clause (b). The moneys received by the

19 Department pursuant to this Act and required to be deposited

20 into the Build Illinois Fund are subject to the pledge, claim

21 and charge set forth in Section 12 of the Build Illinois Bond

22 Act.

23  Subject to payment of amounts into the Build Illinois Fund

24 as provided in the preceding paragraph or in any amendment

25 thereto hereafter enacted, the following specified monthly

26 installment of the amount requested in the certificate of the
    SB3019 Enrolled        - 1469 - LRB104 20255 HLH 33706 b

1 Chairman of the Metropolitan Pier and Exposition Authority

2 provided under Section 8.25f of the State Finance Act, but not

3 in excess of sums designated as "Total Deposit", shall be

4 deposited in the aggregate from collections under Section 9 of

5 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

6 9 of the Service Occupation Tax Act, and Section 3 of the

7 Retailers' Occupation Tax Act into the McCormick Place

8 Expansion Project Fund in the 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  93,000,000

20                   2003  99,000,000

21                   2004  103,000,000

22                   2005  108,000,000

23                   2006  113,000,000

24                   2007  119,000,000

25                   2008  126,000,000

26                   2009  132,000,000
    SB3019 Enrolled        - 1470 - LRB104 20255 HLH 33706 b

1                    2010                                            139,000,000
                                                                     146,000,000
2                    2011                                            153,000,000
                                                                     161,000,000
3                    2012                                            170,000,000
                                                                     179,000,000
4                    2013                                            189,000,000
                                                                     199,000,000
5                    2014                                            210,000,000
                                                                     221,000,000
6                    2015                                            233,000,000
                                                                     300,000,000
7                    2016                                            300,000,000
                                                                     300,000,000
8                    2017                                            300,000,000
                                                                     300,000,000
9                    2018                                            300,000,000
                                                                     375,000,000
10                   2019                                            375,000,000
                                                                     375,000,000
11                   2020                                            375,000,000
                                                                     375,000,000
12                   2021                                            375,000,000
                                                                     375,000,000
13                   2022                                            375,000,000
                                                                     375,000,000
14                   2023

15                   2024

16                   2025

17                   2026

18                   2027

19                   2028

20                   2029

21                   2030

22                   2031

23                   2032

24                   2033

25                   2034

26                   2035
    SB3019 Enrolled        - 1471 - LRB104 20255 HLH 33706 b

1                    2036            450,000,000

2                    and

3   each fiscal year

4   thereafter that bonds

5   are outstanding under

6   Section 13.2 of the

7   Metropolitan Pier and

8   Exposition Authority Act,

9   but not after fiscal year 2060.

10  Beginning July 20, 1993 and in each month of each fiscal

11 year thereafter, one-eighth of the amount requested in the

12 certificate of the Chairman of the Metropolitan Pier and

13 Exposition Authority for that fiscal year, less the amount

14 deposited into the McCormick Place Expansion Project Fund by

15 the State Treasurer in the respective month under subsection

16 (g) of Section 13 of the Metropolitan Pier and Exposition

17 Authority Act, plus cumulative deficiencies in the deposits

18 required under this Section for previous months and years,

19 shall be deposited into the McCormick Place Expansion Project

20 Fund, until the full amount requested for the fiscal year, but

21 not in excess of the amount specified above as "Total

22 Deposit", has been deposited.

23  Subject to payment of amounts into the Capital Projects

24 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

25 and the McCormick Place Expansion Project Fund pursuant to the

26 preceding paragraphs or in any amendments thereto hereafter
    SB3019 Enrolled      - 1472 - LRB104 20255 HLH 33706 b

1 enacted, for aviation fuel sold on or after December 1, 2019,

2 the Department shall each month deposit into the Aviation Fuel

3 Sales Tax Refund Fund an amount estimated by the Department to

4 be required for refunds of the 80% portion of the tax on

5 aviation fuel under this Act. The Department shall only

6 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

7 under this paragraph for so long as the revenue use

8 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

9 binding on the State.

10  Subject to payment of amounts into the Build Illinois Fund

11 and the McCormick Place Expansion Project Fund pursuant to the

12 preceding paragraphs or in any amendments thereto hereafter

13 enacted, beginning July 1, 1993 and ending on September 30,

14 2013, the Department shall each month pay into the Illinois

15 Tax Increment Fund 0.27% of 80% of the net revenue realized for

16 the preceding month from the 6.25% general rate on the selling

17 price of tangible personal property.

18  Subject to payment of amounts into the Build Illinois

19 Fund, the McCormick Place Expansion Project Fund, and the

20 Illinois Tax Increment Fund pursuant to the preceding

21 paragraphs or in any amendments to this Section hereafter

22 enacted, beginning on the first day of the first calendar

23 month to occur on or after August 26, 2014 (the effective date

24 of Public Act 98-1098), each month, from the collections made

25 under Section 9 of the Use Tax Act, Section 9 of the Service

26 Use Tax Act, Section 9 of the Service Occupation Tax Act, and
    SB3019 Enrolled  - 1473 - LRB104 20255 HLH 33706 b

1 Section 3 of the Retailers' Occupation Tax Act, the Department

2 shall pay into the Tax Compliance and Administration Fund, to

3 be used, subject to appropriation, to fund additional auditors

4 and compliance personnel at the Department of Revenue, an

5 amount equal to 1/12 of 5% of 80% of the cash receipts

6 collected during the preceding fiscal year by the Audit Bureau

7 of the Department under the Use Tax Act, the Service Use Tax

8 Act, the Service Occupation Tax Act, the Retailers' Occupation

9 Tax Act, and associated local occupation and use taxes

10 administered by the Department.

11  Subject to payments of amounts into the Build Illinois

12 Fund, the McCormick Place Expansion Project Fund, the Illinois

13 Tax Increment Fund, the Energy Infrastructure Fund, and the

14 Tax Compliance and Administration Fund as provided in this

15 Section, beginning on July 1, 2018 the Department shall pay

16 each month into the Downstate Public Transportation Fund the

17 moneys required to be so paid under Section 2-3 of the

18 Downstate Public Transportation Act.

19  Subject to successful execution and delivery of a

20 public-private agreement between the public agency and private

21 entity and completion of the civic build, beginning on July 1,

22 2023, of the remainder of the moneys received by the

23 Department under the Use Tax Act, the Service Use Tax Act, the

24 Service Occupation Tax Act, and this Act, the Department shall

25 deposit the following specified deposits in the aggregate from

26 collections under the Use Tax Act, the Service Use Tax Act, the
    SB3019 Enrolled  - 1474 - LRB104 20255 HLH 33706 b

1 Service Occupation Tax Act, and the Retailers' Occupation Tax

2 Act, as required under Section 8.25g of the State Finance Act

3 for distribution consistent with the Public-Private

4 Partnership for Civic and Transit Infrastructure Project Act.

5 The moneys received by the Department pursuant to this Act and

6 required to be deposited into the Civic and Transit

7 Infrastructure Fund are subject to the pledge, claim and

8 charge set forth in Section 25-55 of the Public-Private

9 Partnership for Civic and Transit Infrastructure Project Act.

10 As used in this paragraph, "civic build", "private entity",

11 "public-private agreement", and "public agency" have the

12 meanings provided in Section 25-10 of the Public-Private

13 Partnership for Civic and Transit Infrastructure Project Act.

14  Fiscal Year ............................ Total Deposit

15  2024 .................................... $200,000,000

16  2025 .................................... $206,000,000

17  2026 .................................... $212,200,000

18  2027 .................................... $218,500,000

19  2028 .................................... $225,100,000

20  2029 .................................... $288,700,000

21  2030 .................................... $298,900,000

22  2031 .................................... $309,300,000

23  2032 .................................... $320,100,000

24  2033 .................................... $331,200,000

25  2034 .................................... $341,200,000

26  2035 .................................... $351,400,000
   SB3019 Enrolled  - 1475 - LRB104 20255 HLH 33706 b

1  2036 .................................... $361,900,000

2  2037 .................................... $372,800,000

3  2038 .................................... $384,000,000

4  2039 .................................... $395,500,000

5  2040 .................................... $407,400,000

6  2041 .................................... $419,600,000

7  2042 .................................... $432,200,000

8  2043 .................................... $445,100,000

9  Beginning July 1, 2021 and until July 1, 2022, subject to

10 the payment of amounts into the County and Mass Transit

11 District Fund, the Local Government Tax Fund, the Build

12 Illinois Fund, the McCormick Place Expansion Project Fund, the

13 Illinois Tax Increment Fund, and the Tax Compliance and

14 Administration Fund as provided in this Section, the

15 Department shall pay each month into the Road Fund the amount

16 estimated to represent 16% of the net revenue realized from

17 the taxes imposed on motor fuel and gasohol. Beginning July 1,

18 2022 and until July 1, 2023, subject to the payment of amounts

19 into the County and Mass Transit District Fund, the Local

20 Government Tax Fund, the Build Illinois Fund, the McCormick

21 Place Expansion Project Fund, the Illinois Tax Increment Fund,

22 and the Tax Compliance and Administration Fund as provided in

23 this Section, the Department shall pay each month into the

24 Road Fund the amount estimated to represent 32% of the net

25 revenue realized from the taxes imposed on motor fuel and

26 gasohol. Beginning July 1, 2023 and until July 1, 2024,
SB3019 Enrolled  - 1476 - LRB104 20255 HLH 33706 b

 1 subject to the payment of amounts into the County and Mass
 2 Transit District Fund, the Local Government Tax Fund, the
 3 Build Illinois Fund, the McCormick Place Expansion Project
 4 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
 5 and Administration Fund as provided in this Section, the
 6 Department shall pay each month into the Road Fund the amount
 7 estimated to represent 48% of the net revenue realized from
 8 the taxes imposed on motor fuel and gasohol. Beginning July 1,
 9 2024 and until July 1, 2026, subject to the payment of amounts
10 into the County and Mass Transit District Fund, the Local
11 Government Tax Fund, the Build Illinois Fund, the McCormick
12 Place Expansion Project Fund, the Illinois Tax Increment Fund,
13 and the Tax Compliance and Administration Fund as provided in
14 this Section, the Department shall pay each month into the
15 Road Fund the amount estimated to represent 64% of the net
16 revenue realized from the taxes imposed on motor fuel and
17 gasohol. Beginning on July 1, 2026 and until July 1, 2027,
18 subject to the payment of amounts into the County and Mass
19 Transit District Fund, the Local Government Tax Fund, the
20 Build Illinois Fund, the McCormick Place Expansion Project
21 Fund, the Illinois Tax Increment Fund, and the Tax Compliance
22 and Administration Fund as provided in this Section, the
23 Department shall pay $12,500,000 each month into the General
24 Revenue Fund before paying into the Public Transportation Fund
25 and the Downstate Public Transportation Fund the amount
26 estimated to represent 80% of the net revenue realized from
    SB3019 Enrolled  - 1477 - LRB104 20255 HLH 33706 b

1 the taxes imposed on motor fuel and gasohol. On June 1, 2027,

2 subject to the payment of amounts into the County and Mass

3 Transit District Fund, the Local Government Tax Fund, the

4 Build Illinois Fund, the McCormick Place Expansion Project

5 Fund, the Illinois Tax Increment Fund, and the Tax Compliance

6 and Administration Fund as provided in this Section, the

7 Department shall pay into the Road Fund $20,000,000 of the net

8 revenue realized from the taxes imposed on motor fuel and

9 gasohol. Beginning on July 1, 2027, subject to the payment of

10 amounts into the County and Mass Transit District Fund, the

11 Local Government Tax Fund, the Build Illinois Fund, the

12 McCormick Place Expansion Project Fund, the Illinois Tax

13 Increment Fund, and the Tax Compliance and Administration Fund

14 as provided in this Section, the Department shall pay each

15 month into the Public Transportation Fund and the Downstate

16 Public Transportation Fund the amount estimated to represent

17 80% of the net revenue realized from the taxes imposed on motor

18 fuel and gasohol. Moneys shall be apportioned as follows: 85%

19 into the Public Transportation Fund and 15% into the Downstate

20 Public Transportation Fund. As used in this paragraph "motor

21 fuel" has the meaning given to that term in Section 1.1 of the

22 Motor Fuel Tax Law, and "gasohol" has the meaning given to that

23 term in Section 3-40 of the Use Tax Act.

24  Until July 1, 2025, of the remainder of the moneys

25 received by the Department pursuant to this Act, 75% thereof

26 shall be paid into the State treasury and 25% shall be reserved
   SB3019 Enrolled  - 1478 - LRB104 20255 HLH 33706 b

1 in a special account and used only for the transfer to the

2 Common School Fund as part of the monthly transfer from the

3 General Revenue Fund in accordance with Section 8a of the

4 State Finance Act. Beginning July 1, 2025, of the remainder of

5 the moneys received by the Department pursuant to this Act,

6 75% shall be deposited into the General Revenue Fund and 25%

7 shall be deposited into the Common School Fund.

8  The Department may, upon separate written notice to a

9 taxpayer, require the taxpayer to prepare and file with the

10 Department on a form prescribed by the Department within not

11 less than 60 days after receipt of the notice an annual

12 information return for the tax year specified in the notice.

13 Such annual return to the Department shall include a statement

14 of gross receipts as shown by the retailer's last federal

15 income tax return. If the total receipts of the business as

16 reported in the federal income tax return do not agree with the

17 gross receipts reported to the Department of Revenue for the

18 same period, the retailer shall attach to his annual return a

19 schedule showing a reconciliation of the 2 amounts and the

20 reasons for the difference. The retailer's annual return to

21 the Department shall also disclose the cost of goods sold by

22 the retailer during the year covered by such return, opening

23 and closing inventories of such goods for such year, costs of

24 goods used from stock or taken from stock and given away by the

25 retailer during such year, payroll information of the

26 retailer's business during such year and any additional
    SB3019 Enrolled  - 1479 - LRB104 20255 HLH 33706 b

1 reasonable information which the Department deems would be

2 helpful in determining the accuracy of the monthly, quarterly,

3 or annual returns filed by such retailer as provided for in

4 this Section.

5   If the annual information return required by this Section

6 is not filed when and as required, the taxpayer shall be liable

7 as follows:

8   (i) Until January 1, 1994, the taxpayer shall be

9   liable for a penalty equal to 1/6 of 1% of the tax due from

10  such taxpayer under this Act during the period to be

11  covered by the annual return for each month or fraction of

12  a month until such return is filed as required, the

13  penalty to be assessed and collected in the same manner as

14  any other penalty provided for in this Act.

15  (ii) On and after January 1, 1994, the taxpayer shall

16  be liable for a penalty as described in Section 3-4 of the

17  Uniform Penalty and Interest Act.

18  The chief executive officer, proprietor, owner, or highest

19 ranking manager shall sign the annual return to certify the

20 accuracy of the information contained therein. Any person who

21 willfully signs the annual return containing false or

22 inaccurate information shall be guilty of perjury and punished

23 accordingly. The annual return form prescribed by the

24 Department shall include a warning that the person signing the

25 return may be liable for perjury.

26  The provisions of this Section concerning the filing of an
    SB3019 Enrolled           - 1480 - LRB104 20255 HLH 33706 b

1 annual information return do not apply to a retailer who is not

2 required to file an income tax return with the United States

3 Government.

4   As soon as possible after the first day of each month, upon

5 certification of the Department of Revenue, the Comptroller

6 shall order transferred and the Treasurer shall transfer from

7 the General Revenue Fund to the Motor Fuel Tax Fund an amount

8 equal to 1.7% of 80% of the net revenue realized under this Act

9 for the second preceding month. Beginning April 1, 2000, this

10 transfer is no longer required 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 in

17 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  Any person who promotes, organizes, or provides retail

23 selling space for concessionaires or other types of sellers at

24 the Illinois State Fair, DuQuoin State Fair, county fairs,

25 local fairs, art shows, flea markets, and similar exhibitions

26 or events, including any transient merchant as defined by
    SB3019 Enrolled          - 1481 - LRB104 20255 HLH 33706 b

1 Section 2 of the Transient Merchant Act of 1987, is required to

2 file a report with the Department providing the name of the

3 merchant's business, the name of the person or persons engaged

4 in merchant's business, the permanent address and Illinois

5 Retailers Occupation Tax Registration Number of the merchant,

6 the dates and location of the event, and other reasonable

7 information that the Department may require. The report must

8 be filed not later than the 20th day of the month next

9 following the month during which the event with retail sales

10 was held. Any person who fails to file a report required by

11 this Section commits a business offense and is subject to a

12 fine not to exceed $250.

13  Any person engaged in the business of selling tangible

14 personal property at retail as a concessionaire or other type

15 of seller at the Illinois State Fair, county fairs, art shows,

16 flea markets, and similar exhibitions or events, or any

17 transient merchants, as defined by Section 2 of the Transient

18 Merchant Act of 1987, may be required to make a daily report of

19 the amount of such sales to the Department and to make a daily

20 payment of the full amount of tax due. The Department shall

21 impose this requirement when it finds that there is a

22 significant risk of loss of revenue to the State at such an

23 exhibition or event. Such a finding shall be based on evidence

24 that a substantial number of concessionaires or other sellers

25 who are not residents of Illinois will be engaging in the

26 business of selling tangible personal property at retail at
    SB3019 Enrolled  - 1482 - LRB104 20255 HLH 33706 b

 1 the exhibition or event, or other evidence of a significant
 2 risk of loss of revenue to the State. The Department shall
 3 notify concessionaires and other sellers affected by the
 4 imposition of this requirement. In the absence of notification
 5 by the Department, the concessionaires and other sellers shall
 6 file their returns as otherwise required in this Section.
 7 (Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
 8 103-363, eff. 7-28-23; 103-592, Article 75, Section 75-20,
 9 eff. 1-1-25; 103-592, Article 110, Section 110-20, eff.
10 6-7-24; 103-605, eff. 7-1-24; 103-1055, eff. 12-20-24; 104-6,
11 Article 5, Section 5-25, eff. 6-16-25; 104-6, Article 25,
12 Section 25-20, eff. 6-16-25; 104-6, Article 35, Section 35-35,
13 eff. 6-16-25; 104-457, eff. 6-1-26.)

14                   ARTICLE 160

15  Section 160-5. The Service Use Tax Act is amended by

16 changing Section 9 as follows:

17  (35 ILCS 110/9)

18  (Text of Section before amendment by P.A. 104-457)

19  Sec. 9. Each serviceman required or authorized to collect

20 the tax herein imposed shall pay to the Department the amount

21 of such tax (except as otherwise provided) at the time when he

22 is required to file his return for the period during which such

23 tax was collected, less a discount of 2.1% prior to January 1,
SB3019 Enrolled  - 1483 - LRB104 20255 HLH 33706 b

 1 1990 and 1.75% on and after January 1, 1990, or $5 per calendar
 2 year, whichever is greater, which is allowed to reimburse the
 3 serviceman for expenses incurred in collecting the tax,
 4 keeping records, preparing and filing returns, remitting the
 5 tax, and supplying data to the Department on request.
 6 Beginning with returns due on or after January 1, 2025, the
 7 vendor's discount allowed in this Section, the Retailers'
 8 Occupation Tax Act, the Service Occupation Tax Act, and the
 9 Use Tax Act, including any local tax administered by the
10 Department and reported on the same return, shall not exceed
11 $1,000 per month in the aggregate. When determining the
12 discount allowed under this Section, servicemen shall include
13 the amount of tax that would have been due at the 1% rate but
14 for the 0% rate imposed under Public Act 102-700. The discount
15 under this Section is not allowed for the 1.25% portion of
16 taxes paid on aviation fuel that is subject to the revenue use
17 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
18 discount allowed under this Section is allowed only for
19 returns that are filed in the manner required by this Act. The
20 Department may disallow the discount for servicemen whose
21 certificate of registration is revoked at the time the return
22 is filed, but only if the Department's decision to revoke the
23 certificate of registration has become final. A serviceman
24 need not remit that part of any tax collected by him to the
25 extent that he is required to pay and does pay the tax imposed
26 by the Service Occupation Tax Act with respect to his sale of
   SB3019 Enrolled  - 1484 - LRB104 20255 HLH 33706 b

1 service involving the incidental transfer by him of the same

2 property.

3  Except as provided hereinafter in this Section, on or

4 before the twentieth day of each calendar month, such

5 serviceman shall file a return for the preceding calendar

6 month in accordance with reasonable Rules and Regulations to

7 be promulgated by the Department. Such return shall be filed

8 on a form prescribed by the Department and shall contain such

9 information as the Department may reasonably require. The

10 return shall include the gross receipts which were received

11 during the preceding calendar month or quarter on the

12 following items upon which tax would have been due but for the

13 0% rate imposed under Public Act 102-700: (i) food for human

14 consumption that is to be consumed off the premises where it is

15 sold (other than alcoholic beverages, food consisting of or

16 infused with adult use cannabis, soft drinks, and food that

17 has been prepared for immediate consumption); and (ii) food

18 prepared for immediate consumption and transferred incident to

19 a sale of service subject to this Act or the Service Occupation

20 Tax Act by an entity licensed under the Hospital Licensing

21 Act, the Nursing Home Care Act, the Assisted Living and Shared

22 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

23 Specialized Mental Health Rehabilitation Act of 2013, or the

24 Child Care Act of 1969, or an entity that holds a permit issued

25 pursuant to the Life Care Facilities Act. The return shall

26 also include the amount of tax that would have been due on the
    SB3019 Enrolled  - 1485 - LRB104 20255 HLH 33706 b

1 items listed in the previous sentence but for the 0% rate

2 imposed under Public Act 102-700.

3   In the case of leases, except as otherwise provided in

4 this Act, the lessor, in collecting the tax, may collect for

5 each tax return period only the tax applicable to that part of

6 the selling price actually received during such tax return

7 period.

8   On and after January 1, 2018, with respect to servicemen

9 whose annual gross receipts average $20,000 or more, all

10 returns required to be filed pursuant to this Act shall be

11 filed electronically. Servicemen who demonstrate that they do

12 not have access to the Internet or demonstrate hardship in

13 filing electronically may petition the Department to waive the

14 electronic filing requirement.

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. The

19 taxpayer shall also file a return with the Department for each

20 of the first 2 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 from

25  which he engages in business as a serviceman in this

26  State;
    SB3019 Enrolled    - 1486 - LRB104 20255 HLH 33706 b

1   3. The total amount of taxable receipts received by

2   him during the preceding calendar month, including

3   receipts from charge and time sales, but less all

4   deductions allowed by law;

5   4. The amount of credit provided in Section 2d of this

6   Act;

7   5. The amount of tax due;

8   5-5. The signature of the taxpayer; and

9   6. Such other reasonable information as the Department

10  may require.

11  Each serviceman required or authorized to collect the tax

12 imposed by this Act on aviation fuel transferred as an

13 incident of a sale of service in this State during the

14 preceding calendar month shall, instead of reporting and

15 paying tax on aviation fuel as otherwise required by this

16 Section, report and pay such tax on a separate aviation fuel

17 tax return. The requirements related to the return shall be as

18 otherwise provided in this Section. Notwithstanding any other

19 provisions of this Act to the contrary, servicemen collecting

20 tax on aviation fuel shall file all aviation fuel tax returns

21 and shall make all aviation fuel tax payments by electronic

22 means in the manner and form required by the Department. For

23 purposes of this Section, "aviation fuel" means jet fuel and

24 aviation gasoline.

25  If a taxpayer fails to sign a return within 30 days after

26 the proper notice and demand for signature by the Department,
   SB3019 Enrolled  - 1487 - LRB104 20255 HLH 33706 b

1 the return shall be considered valid and any amount shown to be

2 due on the return shall be deemed assessed.

3  Notwithstanding any other provision of this Act to the

4 contrary, servicemen subject to tax on cannabis shall file all

5 cannabis tax returns and shall make all cannabis tax payments

6 by electronic means in the manner and form required by the

7 Department.

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 or

19 more shall make all payments required by rules of the

20 Department by electronic funds transfer. The term "annual tax

21 liability" shall be the sum of the taxpayer's liabilities

22 under this Act, and under all other State and local occupation

23 and use tax laws administered by the Department, for the

24 immediately preceding calendar year. The term "average monthly

25 tax liability" means the sum of the taxpayer's liabilities

26 under this Act, and under all other State and local occupation
    SB3019 Enrolled  - 1488 - LRB104 20255 HLH 33706 b

1 and use tax laws administered by the Department, for the

2 immediately preceding calendar year divided by 12. Beginning

3 on October 1, 2002, a taxpayer who has a tax liability in the

4 amount set forth in subsection (b) of Section 2505-210 of the

5 Department of Revenue Law shall make all payments required by

6 rules of the Department by electronic funds transfer.

7   Before August 1 of each year beginning in 1993, the

8 Department shall notify all taxpayers required to make

9 payments by electronic funds transfer. All taxpayers required

10 to make payments by electronic funds transfer shall make those

11 payments for a minimum of one year beginning on October 1.

12  Any taxpayer not required to make payments by electronic

13 funds transfer may make payments by electronic funds transfer

14 with the permission of the Department.

15  All taxpayers required to make payment by electronic funds

16 transfer and any taxpayers authorized to voluntarily make

17 payments by electronic funds transfer shall make those

18 payments in the manner authorized by the Department.

19  The Department shall adopt such rules as are necessary to

20 effectuate a program of electronic funds transfer and the

21 requirements of this Section.

22  If the serviceman is otherwise required to file a monthly

23 return and if the serviceman's average monthly tax liability

24 to the Department does not exceed $200, the Department may

25 authorize his returns to be filed on a quarter annual basis,

26 with the return for January, February, and March of a given
    SB3019 Enrolled        - 1489 - LRB104 20255 HLH 33706 b

1 year being due by April 20 of such year; with the return for

2 April, May, and June of a given year being due by July 20 of

3 such year; with the return for July, August, and September of a

4 given year being due by October 20 of such year, and with the

5 return for October, November, and December of a given year

6 being due by January 20 of the following year.

7   If the serviceman is otherwise required to file a monthly

8 or quarterly return and if the serviceman's average monthly

9 tax liability to the Department does not exceed $50, the

10 Department may authorize his returns to be filed on an annual

11 basis, with the return for a given year being due by January 20

12 of the following year.

13  Such quarter annual and annual returns, as to form and

14 substance, shall be subject to the same requirements as

15 monthly returns.

16  Notwithstanding any other provision in this Act concerning

17 the time within which a serviceman may file his return, in the

18 case of any serviceman who ceases to engage in a kind of

19 business which makes him responsible for filing returns under

20 this Act, such serviceman shall file a final return under this

21 Act with the Department not more than one month after

22 discontinuing such business.

23  Where a serviceman collects the tax with respect to the

24 selling price of property which he sells and the purchaser

25 thereafter returns such property and the serviceman refunds

26 the selling price thereof to the purchaser, such serviceman
    SB3019 Enrolled       - 1490 - LRB104 20255 HLH 33706 b

1 shall also refund, to the purchaser, the tax so collected from

2 the purchaser. When filing his return for the period in which

3 he refunds such tax to the purchaser, the serviceman may

4 deduct the amount of the tax so refunded by him to the

5 purchaser from any other Service Use Tax, Service Occupation

6 Tax, retailers' occupation tax, or use tax which such

7 serviceman may be required to pay or remit to the Department,

8 as shown by such return, provided that the amount of the tax to

9 be deducted shall previously have been remitted to the

10 Department by such serviceman. If the serviceman shall not

11 previously have remitted the amount of such tax to the

12 Department, he shall be entitled to no deduction hereunder

13 upon refunding such tax to the purchaser.

14  Any serviceman filing a return hereunder shall also

15 include the total tax upon the selling price of tangible

16 personal property purchased for use by him as an incident to a

17 sale of service, and such serviceman shall remit the amount of

18 such tax to the Department when filing such return.

19  If experience indicates such action to be practicable, the

20 Department may prescribe and furnish a combination or joint

21 return which will enable servicemen, who are required to file

22 returns hereunder and also under the Service Occupation Tax

23 Act, to furnish all the return information required by both

24 Acts on the one form.

25  Where the serviceman has more than one business registered

26 with the Department under separate registration hereunder,
    SB3019 Enrolled  - 1491 - LRB104 20255 HLH 33706 b

1 such serviceman shall not file each return that is due as a

2 single return covering all such registered businesses, but

3 shall file separate returns for each such registered business.

4   Beginning January 1, 1990, each month the Department shall

5 pay into the State and Local Tax Reform Fund, a special fund in

6 the State treasury, the net revenue realized for the preceding

7 month from the 1% tax imposed under this Act.

8   Beginning January 1, 1990, each month the Department shall

9 pay into the State and Local Sales Tax Reform Fund 20% of the

10 net revenue realized for the preceding month from the 6.25%

11 general rate on transfers of tangible personal property, other

12 than (i) tangible personal property which is purchased outside

13 Illinois at retail from a retailer and which is titled or

14 registered by an agency of this State's government and (ii)

15 aviation fuel sold on or after December 1, 2019. This

16 exception for aviation fuel only applies for so long as the

17 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

18 47133 are binding on the State.

19  For aviation fuel sold on or after December 1, 2019, each

20 month the Department shall pay into the State Aviation Program

21 Fund 20% of the net revenue realized for the preceding month

22 from the 6.25% general rate on the selling price of aviation

23 fuel, less an amount estimated by the Department to be

24 required for refunds of the 20% portion of the tax on aviation

25 fuel under this Act, which amount shall be deposited into the

26 Aviation Fuel Sales Tax Refund Fund. The Department shall only
    SB3019 Enrolled         - 1492 - LRB104 20255 HLH 33706 b

1 pay moneys into the State Aviation Program Fund and the

2 Aviation Fuel Sales Tax Refund Fund under this Act for so long

3 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

4 U.S.C. 47133 are binding on the State.

5   Beginning August 1, 2000, each month the Department shall

6 pay into the State and Local Sales Tax Reform Fund 100% of the

7 net revenue realized for the preceding month from the 1.25%

8 rate on the selling price of motor fuel and gasohol.

9   Beginning October 1, 2009, each month the Department shall

10 pay into the Capital Projects Fund an amount that is equal to

11 an amount estimated by the Department to represent 80% of the

12 net revenue realized for the preceding month from the sale of

13 candy, grooming and hygiene products, and soft drinks that had

14 been taxed at a rate of 1% prior to September 1, 2009 but that

15 are now taxed at 6.25%.

16  Beginning July 1, 2013, each month the Department shall

17 pay into the Underground Storage Tank Fund from the proceeds

18 collected under this Act, the Use Tax Act, the Service

19 Occupation Tax Act, and the Retailers' Occupation Tax Act an

20 amount equal to the average monthly deficit in the Underground

21 Storage Tank Fund during the prior year, as certified annually

22 by the Illinois Environmental Protection Agency, but the total

23 payment into the Underground Storage Tank Fund under this Act,

24 the Use Tax Act, the Service Occupation Tax Act, and the

25 Retailers' Occupation Tax Act shall not exceed $18,000,000 in

26 any State fiscal year. As used in this paragraph, the "average
    SB3019 Enrolled  - 1493 - LRB104 20255 HLH 33706 b

1 monthly deficit" shall be equal to the difference between the

2 average monthly claims for payment by the fund and the average

3 monthly revenues deposited into the fund, excluding payments

4 made pursuant to this paragraph.

5   Beginning July 1, 2015, of the remainder of the moneys

6 received by the Department under the Use Tax Act, this Act, the

7 Service Occupation Tax Act, and the Retailers' Occupation Tax

8 Act, each month the Department shall deposit $500,000 into the

9 State Crime Laboratory Fund.

10  Of the remainder of the moneys received by the Department

11 pursuant to this Act, (a) 1.75% thereof shall be paid into the

12 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

13 and after July 1, 1989, 3.8% thereof shall be paid into the

14 Build Illinois Fund; provided, however, that if in any fiscal

15 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

16 may be, of the moneys received by the Department and required

17 to be paid into the Build Illinois Fund pursuant to Section 3

18 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

19 Act, Section 9 of the Service Use Tax Act, and Section 9 of the

20 Service Occupation Tax Act, such Acts being hereinafter called

21 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case

22 may be, of moneys being hereinafter called the "Tax Act

23 Amount", and (2) the amount transferred to the Build Illinois

24 Fund from the State and Local Sales Tax Reform Fund shall be

25 less than the Annual Specified Amount (as defined in Section 3

26 of the Retailers' Occupation Tax Act), an amount equal to the
SB3019 Enrolled  - 1494 - LRB104 20255 HLH 33706 b

 1 difference shall be immediately paid into the Build Illinois
 2 Fund from other moneys received by the Department pursuant to
 3 the Tax Acts; and further provided, that if on the last
 4 business day of any month the sum of (1) the Tax Act Amount
 5 required to be deposited into the Build Illinois Bond Account
 6 in the Build Illinois Fund during such month and (2) the amount
 7 transferred during such month to the Build Illinois Fund from
 8 the State and Local Sales Tax Reform Fund shall have been less
 9 than 1/12 of the Annual Specified Amount, an amount equal to
10 the difference shall be immediately paid into the Build
11 Illinois Fund from other moneys received by the Department
12 pursuant to the Tax Acts; and, further provided, that in no
13 event shall the payments required under the preceding proviso
14 result in aggregate payments into the Build Illinois Fund
15 pursuant to this clause (b) for any fiscal year in excess of
16 the greater of (i) the Tax Act Amount or (ii) the Annual
17 Specified Amount for such fiscal year; and, further provided,
18 that the amounts payable into the Build Illinois Fund under
19 this clause (b) shall be payable only until such time as the
20 aggregate amount on deposit under each trust indenture
21 securing Bonds issued and outstanding pursuant to the Build
22 Illinois Bond Act is sufficient, taking into account any
23 future investment income, to fully provide, in accordance with
24 such indenture, for the defeasance of or the payment of the
25 principal of, premium, if any, and interest on the Bonds
26 secured by such indenture and on any Bonds expected to be
    SB3019 Enrolled    - 1495 - LRB104 20255 HLH 33706 b

1 issued thereafter and all fees and costs payable with respect

2 thereto, all as certified by the Director of the Bureau of the

3 Budget (now Governor's Office of Management and Budget). If on

4 the last business day of any month in which Bonds are

5 outstanding pursuant to the Build Illinois Bond Act, the

6 aggregate of the moneys deposited into in the Build Illinois

7 Bond Account in the Build Illinois Fund in such month shall be

8 less than the amount required to be transferred in such month

9 from the Build Illinois Bond Account to the Build Illinois

10 Bond Retirement and Interest Fund pursuant to Section 13 of

11 the Build Illinois Bond Act, an amount equal to such

12 deficiency shall be immediately paid from other moneys

13 received by the Department pursuant to the Tax Acts to the

14 Build Illinois Fund; provided, however, that any amounts paid

15 to the Build Illinois Fund in any fiscal year pursuant to this

16 sentence shall be deemed to constitute payments pursuant to

17 clause (b) of the preceding sentence and shall reduce the

18 amount otherwise payable for such fiscal year pursuant to

19 clause (b) of the preceding sentence. The moneys received by

20 the Department pursuant to this Act and required to be

21 deposited into the Build Illinois Fund are subject to the

22 pledge, claim and charge set forth in Section 12 of the Build

23 Illinois Bond Act.

24  Subject to payment of amounts into the Build Illinois Fund

25 as provided in the preceding paragraph or in any amendment

26 thereto hereafter enacted, the following specified monthly
    SB3019 Enrolled        - 1496 - LRB104 20255 HLH 33706 b

1 installment of the amount requested in the certificate of the
2 Chairman of the Metropolitan Pier and Exposition Authority
3 provided under Section 8.25f of the State Finance Act, but not
4 in excess of the sums designated as "Total Deposit", shall be
5 deposited in the aggregate from collections under Section 9 of
6 the Use Tax Act, Section 9 of the Service Use Tax Act, Section
7 9 of the Service Occupation Tax Act, and Section 3 of the
8 Retailers' Occupation Tax Act into the McCormick Place
9 Expansion Project Fund in the specified fiscal years.

10  Fiscal Year            Total Deposit
                                              $0
11                   1993
                                53,000,000
12                   1994       58,000,000
                                61,000,000
13                   1995       64,000,000
                                68,000,000
14                   1996       71,000,000
                                75,000,000
15                   1997       80,000,000
                                93,000,000
16                   1998       99,000,000
                              103,000,000
17                   1999     108,000,000
                              113,000,000
18                   2000     119,000,000

19                   2001

20                   2002

21                   2003

22                   2004

23                   2005

24                   2006

25                   2007
    SB3019 Enrolled        - 1497 - LRB104 20255 HLH 33706 b

1                    2008                                            126,000,000
                                                                     132,000,000
2                    2009                                            139,000,000
                                                                     146,000,000
3                    2010                                            153,000,000
                                                                     161,000,000
4                    2011                                            170,000,000
                                                                     179,000,000
5                    2012                                            189,000,000
                                                                     199,000,000
6                    2013                                            210,000,000
                                                                     221,000,000
7                    2014                                            233,000,000
                                                                     300,000,000
8                    2015                                            300,000,000
                                                                     300,000,000
9                    2016                                            300,000,000
                                                                     300,000,000
10                   2017                                            300,000,000
                                                                     375,000,000
11                   2018                                            375,000,000
                                                                     375,000,000
12                   2019                                            375,000,000
                                                                     375,000,000
13                   2020                                            375,000,000
                                                                     375,000,000
14                   2021

15                   2022

16                   2023

17                   2024

18                   2025

19                   2026

20                   2027

21                   2028

22                   2029

23                   2030

24                   2031

25                   2032

26                   2033
    SB3019 Enrolled        - 1498 - LRB104 20255 HLH 33706 b

1                    2034            375,000,000

2                    2035            375,000,000

3                    2036            450,000,000

4                    and

5   each fiscal year

6   thereafter that bonds

7   are outstanding under

8   Section 13.2 of the

9   Metropolitan Pier and

10  Exposition Authority Act,

11  but not after fiscal year 2060.

12  Beginning July 20, 1993 and in each month of each fiscal

13 year thereafter, one-eighth of the amount requested in the

14 certificate of the Chairman of the Metropolitan Pier and

15 Exposition Authority for that fiscal year, less the amount

16 deposited into the McCormick Place Expansion Project Fund by

17 the State Treasurer in the respective month under subsection

18 (g) of Section 13 of the Metropolitan Pier and Exposition

19 Authority Act, plus cumulative deficiencies in the deposits

20 required under this Section for previous months and years,

21 shall be deposited into the McCormick Place Expansion Project

22 Fund, until the full amount requested for the fiscal year, but

23 not in excess of the amount specified above as "Total

24 Deposit", has been deposited.

25  Subject to payment of amounts into the Capital Projects

26 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
    SB3019 Enrolled       - 1499 - LRB104 20255 HLH 33706 b

1 and the McCormick Place Expansion Project Fund pursuant to the

2 preceding paragraphs or in any amendments thereto hereafter

3 enacted, for aviation fuel sold on or after December 1, 2019,

4 the Department shall each month deposit into the Aviation Fuel

5 Sales Tax Refund Fund an amount estimated by the Department to

6 be required for refunds of the 80% portion of the tax on

7 aviation fuel under this Act. The Department shall only

8 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

9 under this paragraph for so long as the revenue use

10 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

11 binding on the State.

12  Subject to payment of amounts into the Build Illinois Fund

13 and the McCormick Place Expansion Project Fund pursuant to the

14 preceding paragraphs or in any amendments thereto hereafter

15 enacted, beginning July 1, 1993 and ending on September 30,

16 2013, the Department shall each month pay into the Illinois

17 Tax Increment Fund 0.27% of 80% of the net revenue realized for

18 the preceding month from the 6.25% general rate on the selling

19 price of tangible personal property.

20  Subject to payment of amounts into the Build Illinois

21 Fund, the McCormick Place Expansion Project Fund, the Illinois

22 Tax Increment Fund, pursuant to the preceding paragraphs or in

23 any amendments to this Section hereafter enacted, beginning on

24 the first day of the first calendar month to occur on or after

25 August 26, 2014 (the effective date of Public Act 98-1098),

26 each month, from the collections made under Section 9 of the
    SB3019 Enrolled  - 1500 - LRB104 20255 HLH 33706 b

1 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of

2 the Service Occupation Tax Act, and Section 3 of the

3 Retailers' Occupation Tax Act, the Department shall pay into

4 the Tax Compliance and Administration Fund, to be used,

5 subject to appropriation, to fund additional auditors and

6 compliance personnel at the Department of Revenue, an amount

7 equal to 1/12 of 5% of 80% of the cash receipts collected

8 during the preceding fiscal year by the Audit Bureau of the

9 Department under the Use Tax Act, the Service Use Tax Act, the

10 Service Occupation Tax Act, the Retailers' Occupation Tax Act,

11 and associated local occupation and use taxes administered by

12 the Department.

13  Subject to payments of amounts into the Build Illinois

14 Fund, the McCormick Place Expansion Project Fund, the Illinois

15 Tax Increment Fund, and the Tax Compliance and Administration

16 Fund as provided in this Section, beginning on July 1, 2018 the

17 Department shall pay each month into the Downstate Public

18 Transportation Fund the moneys required to be so paid under

19 Section 2-3 of the Downstate Public Transportation Act.

20  Subject to successful execution and delivery of a

21 public-private agreement between the public agency and private

22 entity and completion of the civic build, beginning on July 1,

23 2023, of the remainder of the moneys received by the

24 Department under the Use Tax Act, the Service Use Tax Act, the

25 Service Occupation Tax Act, and this Act, the Department shall

26 deposit the following specified deposits in the aggregate from
    SB3019 Enrolled  - 1501 - LRB104 20255 HLH 33706 b

1 collections under the Use Tax Act, the Service Use Tax Act, the

2 Service Occupation Tax Act, and the Retailers' Occupation Tax

3 Act, as required under Section 8.25g of the State Finance Act

4 for distribution consistent with the Public-Private

5 Partnership for Civic and Transit Infrastructure Project Act.

6 The moneys received by the Department pursuant to this Act and

7 required to be deposited into the Civic and Transit

8 Infrastructure Fund are subject to the pledge, claim, and

9 charge set forth in Section 25-55 of the Public-Private

10 Partnership for Civic and Transit Infrastructure Project Act.

11 As used in this paragraph, "civic build", "private entity",

12 "public-private agreement", and "public agency" have the

13 meanings provided in Section 25-10 of the Public-Private

14 Partnership for Civic and Transit Infrastructure Project Act.

15  Fiscal Year ............................ Total Deposit

16  2024 .................................... $200,000,000

17  2025 .................................... $206,000,000

18  2026 .................................... $212,200,000

19  2027 .................................... $218,500,000

20  2028 .................................... $225,100,000

21  2029 .................................... $288,700,000

22  2030 .................................... $298,900,000

23  2031 .................................... $309,300,000

24  2032 .................................... $320,100,000

25  2033 .................................... $331,200,000

26  2034 .................................... $341,200,000
    SB3019 Enrolled  - 1502 - LRB104 20255 HLH 33706 b

1   2035 .................................... $351,400,000

2   2036 .................................... $361,900,000

3   2037 .................................... $372,800,000

4   2038 .................................... $384,000,000

5   2039 .................................... $395,500,000

6   2040 .................................... $407,400,000

7   2041 .................................... $419,600,000

8   2042 .................................... $432,200,000

9   2043 .................................... $445,100,000

10  Beginning July 1, 2021 and until July 1, 2022, subject to

11 the payment of amounts into the State and Local Sales Tax

12 Reform Fund, the Build Illinois Fund, the McCormick Place

13 Expansion Project Fund, the Energy Infrastructure Fund, and

14 the Tax Compliance and Administration Fund as provided in this

15 Section, the Department shall pay each month into the Road

16 Fund the amount estimated to represent 16% of the net revenue

17 realized from the taxes imposed on motor fuel and gasohol.

18 Beginning July 1, 2022 and until July 1, 2023, subject to the

19 payment of amounts into the State and Local Sales Tax Reform

20 Fund, the Build Illinois Fund, the McCormick Place Expansion

21 Project Fund, the Illinois Tax Increment Fund, and the Tax

22 Compliance and Administration Fund as provided in this

23 Section, the Department shall pay each month into the Road

24 Fund the amount estimated to represent 32% of the net revenue

25 realized from the taxes imposed on motor fuel and gasohol.

26 Beginning July 1, 2023 and until July 1, 2024, subject to the
SB3019 Enrolled  - 1503 - LRB104 20255 HLH 33706 b

 1 payment of amounts into the State and Local Sales Tax Reform
 2 Fund, the Build Illinois Fund, the McCormick Place Expansion
 3 Project Fund, the Illinois Tax Increment Fund, and the Tax
 4 Compliance and Administration Fund as provided in this
 5 Section, the Department shall pay each month into the Road
 6 Fund the amount estimated to represent 48% of the net revenue
 7 realized from the taxes imposed on motor fuel and gasohol.
 8 Beginning July 1, 2024 and until July 1, 2026, subject to the
 9 payment of amounts into the State and Local Sales Tax Reform
10 Fund, the Build Illinois Fund, the McCormick Place Expansion
11 Project Fund, the Illinois Tax Increment Fund, and the Tax
12 Compliance and Administration Fund as provided in this
13 Section, the Department shall pay each month into the Road
14 Fund the amount estimated to represent 64% of the net revenue
15 realized from the taxes imposed on motor fuel and gasohol.
16 Beginning on July 1, 2026, subject to the payment of amounts
17 into the State and Local Sales Tax Reform Fund, the Build
18 Illinois Fund, the McCormick Place Expansion Project Fund, the
19 Illinois Tax Increment Fund, and the Tax Compliance and
20 Administration Fund as provided in this Section, the
21 Department shall pay each month into the Road Fund the amount
22 estimated to represent 80% of the net revenue realized from
23 the taxes imposed on motor fuel and gasohol. As used in this
24 paragraph "motor fuel" has the meaning given to that term in
25 Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the
26 meaning given to that term in Section 3-40 of the Use Tax Act.
    SB3019 Enrolled           - 1504 - LRB104 20255 HLH 33706 b

1   Until July 1, 2025, of the remainder of the moneys

2 received by the Department pursuant to this Act, 75% thereof

3 shall be paid into the General Revenue Fund of the State

4 treasury and 25% shall be reserved in a special account and

5 used only for the transfer to the Common School Fund as part of

6 the monthly transfer from the General Revenue Fund in

7 accordance with Section 8a of the State Finance Act. Beginning

8 July 1, 2025, of the remainder of the moneys received by the

9 Department pursuant to this Act, 75% shall be deposited into

10 the General Revenue Fund and 25% shall be deposited into the

11 Common School Fund.

12  As soon as possible after the first day of each month, upon

13 certification of the Department of Revenue, the Comptroller

14 shall order transferred and the Treasurer shall transfer from

15 the General Revenue Fund to the Motor Fuel Tax Fund an amount

16 equal to 1.7% of 80% of the net revenue realized under this Act

17 for the second preceding month. Beginning April 1, 2000, this

18 transfer is no longer required and shall not be made.

19  Net revenue realized for a month shall be the revenue

20 collected by the State pursuant to this Act, less the amount

21 paid out during that month as refunds to taxpayers for

22 overpayment of liability.

23 (Source: P.A. 103-363, eff. 7-28-23; 103-592, Article 75,

24 Section 75-10, eff. 1-1-25; 103-592, Article 110, Section

25 110-10, eff. 6-7-24; 104-6, Article 5, Section 5-15, eff.

26 6-16-25; 104-6, Article 35, Section 35-25, eff. 6-16-25;
   SB3019 Enrolled  - 1505 - LRB104 20255 HLH 33706 b

1 104-417, eff. 8-15-25; revised 9-10-25.)

2  (Text of Section after amendment by P.A. 104-457)

3  Sec. 9. Each serviceman required or authorized to collect

4 the tax herein imposed shall pay to the Department the amount

5 of such tax (except as otherwise provided) at the time when he

6 is required to file his return for the period during which such

7 tax was collected, less a discount of 2.1% prior to January 1,

8 1990 and 1.75% on and after January 1, 1990, or $5 per calendar

9 year, whichever is greater, which is allowed to reimburse the

10 serviceman for expenses incurred in collecting the tax,

11 keeping records, preparing and filing returns, remitting the

12 tax, and supplying data to the Department on request.

13 Beginning with returns due on or after January 1, 2025, the

14 vendor's discount allowed in this Section, the Retailers'

15 Occupation Tax Act, the Service Occupation Tax Act, and the

16 Use Tax Act, including any local tax administered by the

17 Department and reported on the same return, shall not exceed

18 $1,000 per month in the aggregate. When determining the

19 discount allowed under this Section, servicemen shall include

20 the amount of tax that would have been due at the 1% rate but

21 for the 0% rate imposed under Public Act 102-700. The discount

22 under this Section is not allowed for the 1.25% portion of

23 taxes paid on aviation fuel that is subject to the revenue use

24 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The

25 discount allowed under this Section is allowed only for
    SB3019 Enrolled  - 1506 - LRB104 20255 HLH 33706 b

1 returns that are filed in the manner required by this Act. The

2 Department may disallow the discount for servicemen whose

3 certificate of registration is revoked at the time the return

4 is filed, but only if the Department's decision to revoke the

5 certificate of registration has become final. A serviceman

6 need not remit that part of any tax collected by him to the

7 extent that he is required to pay and does pay the tax imposed

8 by the Service Occupation Tax Act with respect to his sale of

9 service involving the incidental transfer by him of the same

10 property.

11  Except as provided hereinafter in this Section, on or

12 before the twentieth day of each calendar month, such

13 serviceman shall file a return for the preceding calendar

14 month in accordance with reasonable Rules and Regulations to

15 be promulgated by the Department. Such return shall be filed

16 on a form prescribed by the Department and shall contain such

17 information as the Department may reasonably require. The

18 return shall include the gross receipts which were received

19 during the preceding calendar month or quarter on the

20 following items upon which tax would have been due but for the

21 0% rate imposed under Public Act 102-700: (i) food for human

22 consumption that is to be consumed off the premises where it is

23 sold (other than alcoholic beverages, food consisting of or

24 infused with adult use cannabis, soft drinks, and food that

25 has been prepared for immediate consumption); and (ii) food

26 prepared for immediate consumption and transferred incident to
    SB3019 Enrolled  - 1507 - LRB104 20255 HLH 33706 b

1 a sale of service subject to this Act or the Service Occupation

2 Tax Act by an entity licensed under the Hospital Licensing

3 Act, the Nursing Home Care Act, the Assisted Living and Shared

4 Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

5 Specialized Mental Health Rehabilitation Act of 2013, or the

6 Child Care Act of 1969, or an entity that holds a permit issued

7 pursuant to the Life Care Facilities Act. The return shall

8 also include the amount of tax that would have been due on the

9 items listed in the previous sentence but for the 0% rate

10 imposed under Public Act 102-700.

11  In the case of leases, except as otherwise provided in

12 this Act, the lessor, in collecting the tax, may collect for

13 each tax return period only the tax applicable to that part of

14 the selling price actually received during such tax return

15 period.

16  On and after January 1, 2018, with respect to servicemen

17 whose annual gross receipts average $20,000 or more, all

18 returns required to be filed pursuant to this Act shall be

19 filed electronically. Servicemen who demonstrate that they do

20 not have access to the Internet or demonstrate hardship in

21 filing electronically may petition the Department to waive the

22 electronic filing requirement.

23  The Department may require returns to be filed on a

24 quarterly basis. If so required, a return for each calendar

25 quarter shall be filed on or before the twentieth day of the

26 calendar month following the end of such calendar quarter. The
    SB3019 Enrolled  - 1508 - LRB104 20255 HLH 33706 b

1 taxpayer shall also file a return with the Department for each

2 of the first 2 two months of each calendar quarter, on or

3 before the twentieth day of the following calendar month,

4 stating:

5   1. The name of the seller;

6   2. The address of the principal place of business from

7   which he engages in business as a serviceman in this

8   State;

9   3. The total amount of taxable receipts received by

10  him during the preceding calendar month, including

11  receipts from charge and time sales, but less all

12  deductions allowed by law;

13  4. The amount of credit provided in Section 2d of this

14  Act;

15  5. The amount of tax due;

16  5-5. The signature of the taxpayer; and

17  6. Such other reasonable information as the Department

18  may require.

19  Each serviceman required or authorized to collect the tax

20 imposed by this Act on aviation fuel transferred as an

21 incident of a sale of service in this State during the

22 preceding calendar month shall, instead of reporting and

23 paying tax on aviation fuel as otherwise required by this

24 Section, report and pay such tax on a separate aviation fuel

25 tax return. The requirements related to the return shall be as

26 otherwise provided in this Section. Notwithstanding any other
    SB3019 Enrolled   - 1509 - LRB104 20255 HLH 33706 b

1 provisions of this Act to the contrary, servicemen collecting

2 tax on aviation fuel shall file all aviation fuel tax returns

3 and shall make all aviation fuel tax payments by electronic

4 means in the manner and form required by the Department. For

5 purposes of this Section, "aviation fuel" means jet fuel and

6 aviation gasoline.

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 be

10 due on the return shall be deemed assessed.

11  Notwithstanding any other provision of this Act to the

12 contrary, servicemen subject to tax on cannabis shall file all

13 cannabis tax returns and shall make all cannabis tax payments

14 by electronic means in the manner and form required by the

15 Department.

16  Beginning October 1, 1993, a taxpayer who has an average

17 monthly tax liability of $150,000 or more shall make all

18 payments required by rules of the Department by electronic

19 funds transfer. Beginning October 1, 1994, a taxpayer who has

20 an average monthly tax liability of $100,000 or more shall

21 make all payments required by rules of the Department by

22 electronic funds transfer. Beginning October 1, 1995, a

23 taxpayer who has an average monthly tax liability of $50,000

24 or more shall make all payments required by rules of the

25 Department by electronic funds transfer. Beginning October 1,

26 2000, a taxpayer who has an annual tax liability of $200,000 or
    SB3019 Enrolled  - 1510 - LRB104 20255 HLH 33706 b

1 more shall make all payments required by rules of the

2 Department by electronic funds transfer. The term "annual tax

3 liability" shall be the sum of the taxpayer's liabilities

4 under this Act, and under all other State and local occupation

5 and use tax laws administered by the Department, for the

6 immediately preceding calendar year. The term "average monthly

7 tax liability" means the sum of the taxpayer's liabilities

8 under this Act, and under all other State and local occupation

9 and use tax laws administered by the Department, for the

10 immediately preceding calendar year divided by 12. Beginning

11 on October 1, 2002, a taxpayer who has a tax liability in the

12 amount set forth in subsection (b) of Section 2505-210 of the

13 Department of Revenue Law shall make all payments required by

14 rules of the Department by electronic funds transfer.

15  Before August 1 of each year beginning in 1993, the

16 Department shall notify all taxpayers required to make

17 payments by electronic funds transfer. All taxpayers required

18 to make payments by electronic funds transfer shall make those

19 payments for a minimum of one year beginning on 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 funds

24 transfer and any taxpayers authorized to voluntarily make

25 payments by electronic funds transfer shall make those

26 payments in the manner authorized by the Department.
    SB3019 Enrolled        - 1511 - LRB104 20255 HLH 33706 b

1   The Department shall adopt such rules as are necessary to

2 effectuate a program of electronic funds transfer and the

3 requirements of this Section.

4   If the serviceman is otherwise required to file a monthly

5 return and if the serviceman's average monthly tax liability

6 to the Department does not exceed $200, the Department may

7 authorize his returns to be filed on a quarter annual basis,

8 with the return for January, February, and March of a given

9 year being due by April 20 of such year; with the return for

10 April, May, and June of a given year being due by July 20 of

11 such year; with the return for July, August, and September of a

12 given year being due by October 20 of such year, and with the

13 return for October, November, and December of a given year

14 being due by January 20 of the following year.

15  If the serviceman is otherwise required to file a monthly

16 or quarterly return and if the serviceman's average monthly

17 tax liability to the Department does not exceed $50, the

18 Department may authorize his returns to be filed on an annual

19 basis, with the return for a given year being due by January 20

20 of the following year.

21  Such quarter annual and annual returns, as to form and

22 substance, shall be subject to the same requirements as

23 monthly returns.

24  Notwithstanding any other provision in this Act concerning

25 the time within which a serviceman may file his return, in the

26 case of any serviceman who ceases to engage in a kind of
    SB3019 Enrolled  - 1512 - LRB104 20255 HLH 33706 b

1 business which makes him responsible for filing returns under

2 this Act, such serviceman shall file a final return under this

3 Act with the Department not more than one month after

4 discontinuing such business.

5   Where a serviceman collects the tax with respect to the

6 selling price of property which he sells and the purchaser

7 thereafter returns such property and the serviceman refunds

8 the selling price thereof to the purchaser, such serviceman

9 shall also refund, to the purchaser, the tax so collected from

10 the purchaser. When filing his return for the period in which

11 he refunds such tax to the purchaser, the serviceman may

12 deduct the amount of the tax so refunded by him to the

13 purchaser from any other Service Use Tax, Service Occupation

14 Tax, retailers' occupation tax, or use tax which such

15 serviceman may be required to pay or remit to the Department,

16 as shown by such return, provided that the amount of the tax to

17 be deducted shall previously have been remitted to the

18 Department by such serviceman. If the serviceman shall not

19 previously have remitted the amount of such tax to the

20 Department, he shall be entitled to no deduction hereunder

21 upon refunding such tax to the purchaser.

22  Any serviceman filing a return hereunder shall also

23 include the total tax upon the selling price of tangible

24 personal property purchased for use by him as an incident to a

25 sale of service, and such serviceman shall remit the amount of

26 such tax to the Department when filing such return.
    SB3019 Enrolled      - 1513 - LRB104 20255 HLH 33706 b

1   If experience indicates such action to be practicable, the

2 Department may prescribe and furnish a combination or joint

3 return which will enable servicemen, who are required to file

4 returns hereunder and also under the Service Occupation Tax

5 Act, to furnish all the return information required by both

6 Acts on the one form.

7   Where the serviceman has more than one business registered

8 with the Department under separate registration hereunder,

9 such serviceman shall not file each return that is due as a

10 single return covering all such registered businesses, but

11 shall file separate returns for each such registered business.

12  Beginning January 1, 1990, each month the Department shall

13 pay into the State and Local Tax Reform Fund, a special fund in

14 the State treasury, the net revenue realized for the preceding

15 month from the 1% tax imposed under this Act.

16  Beginning January 1, 1990, each month the Department shall

17 pay into the State and Local Sales Tax Reform Fund 20% of the

18 net revenue realized for the preceding month from the 6.25%

19 general rate on transfers of tangible personal property, other

20 than (i) tangible personal property which is purchased outside

21 Illinois at retail from a retailer and which is titled or

22 registered by an agency of this State's government and (ii)

23 aviation fuel sold on or after December 1, 2019. This

24 exception for aviation fuel only applies for so long as the

25 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

26 47133 are binding on the State.
    SB3019 Enrolled         - 1514 - LRB104 20255 HLH 33706 b

1   For aviation fuel sold on or after December 1, 2019, each

2 month the Department shall pay into the State Aviation Program

3 Fund 20% of the net revenue realized for the preceding month

4 from the 6.25% general rate on the selling price of aviation

5 fuel, less an amount estimated by the Department to be

6 required for refunds of the 20% portion of the tax on aviation

7 fuel under this Act, which amount shall be deposited into the

8 Aviation Fuel Sales Tax Refund Fund. The Department shall only

9 pay moneys into the State Aviation Program Fund and the

10 Aviation Fuel Sales Tax Refund Fund under this Act for so long

11 as the revenue use requirements of 49 U.S.C. 47107(b) and 49

12 U.S.C. 47133 are binding on the State.

13  Beginning August 1, 2000, each month the Department shall

14 pay into the State and Local Sales Tax Reform Fund 100% of the

15 net revenue realized for the preceding month from the 1.25%

16 rate on the selling price of motor fuel and gasohol.

17  Beginning October 1, 2009, each month the Department shall

18 pay into the Capital Projects Fund an amount that is equal to

19 an amount estimated by the Department to represent 80% of the

20 net revenue realized for the preceding month from the sale of

21 candy, grooming and hygiene products, and soft drinks that had

22 been taxed at a rate of 1% prior to September 1, 2009 but that

23 are now taxed at 6.25%.

24  Beginning July 1, 2013, each month the Department shall

25 pay into the Underground Storage Tank Fund from the proceeds

26 collected under this Act, the Use Tax Act, the Service
    SB3019 Enrolled  - 1515 - LRB104 20255 HLH 33706 b

1 Occupation Tax Act, and the Retailers' Occupation Tax Act an

2 amount equal to the average monthly deficit in the Underground

3 Storage Tank Fund during the prior year, as certified annually

4 by the Illinois Environmental Protection Agency, but the total

5 payment into the Underground Storage Tank Fund under this Act,

6 the Use Tax Act, the Service Occupation Tax Act, and the

7 Retailers' Occupation Tax Act shall not exceed $18,000,000 in

8 any State fiscal year. As used in this paragraph, the "average

9 monthly deficit" shall be equal to the difference between the

10 average monthly claims for payment by the fund and the average

11 monthly revenues deposited into the fund, excluding payments

12 made pursuant to this paragraph.

13  Beginning July 1, 2015, of the remainder of the moneys

14 received by the Department under the Use Tax Act, this Act, the

15 Service Occupation Tax Act, and the Retailers' Occupation Tax

16 Act, each month the Department shall deposit $500,000 into the

17 State Crime Laboratory 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 the

20 Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on

21 and after July 1, 1989, 3.8% thereof shall be paid into the

22 Build Illinois Fund; provided, however, that if in any fiscal

23 year the sum of (1) the aggregate of 2.2% or 3.8%, as the case

24 may be, of the moneys received by the Department and required

25 to be paid into the Build Illinois Fund pursuant to Section 3

26 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
SB3019 Enrolled  - 1516 - LRB104 20255 HLH 33706 b

 1 Act, Section 9 of the Service Use Tax Act, and Section 9 of the
 2 Service Occupation Tax Act, such Acts being hereinafter called
 3 the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
 4 may be, of moneys being hereinafter called the "Tax Act
 5 Amount", and (2) the amount transferred to the Build Illinois
 6 Fund from the State and Local Sales Tax Reform Fund shall be
 7 less than the Annual Specified Amount (as defined in Section 3
 8 of the Retailers' Occupation Tax Act), an amount equal to the
 9 difference shall be immediately paid into the Build Illinois
10 Fund from other moneys received by the Department pursuant to
11 the Tax Acts; and further provided, that if on the last
12 business day of any month the sum of (1) the Tax Act Amount
13 required to be deposited into the Build Illinois Bond Account
14 in the Build Illinois Fund during such month and (2) the amount
15 transferred during such month to the Build Illinois Fund from
16 the State and Local Sales Tax Reform Fund shall have been less
17 than 1/12 of the Annual Specified Amount, an amount equal to
18 the difference shall be immediately paid into the Build
19 Illinois Fund from other moneys received by the Department
20 pursuant to the Tax Acts; and, further provided, that in no
21 event shall the payments required under the preceding proviso
22 result in aggregate payments into the Build Illinois Fund
23 pursuant to this clause (b) for any fiscal year in excess of
24 the greater of (i) the Tax Act Amount or (ii) the Annual
25 Specified Amount for such fiscal year; and, further provided,
26 that the amounts payable into the Build Illinois Fund under
SB3019 Enrolled  - 1517 - LRB104 20255 HLH 33706 b

 1 this clause (b) shall be payable only until such time as the
 2 aggregate amount on deposit under each trust indenture
 3 securing Bonds issued and outstanding pursuant to the Build
 4 Illinois Bond Act is sufficient, taking into account any
 5 future investment income, to fully provide, in accordance with
 6 such indenture, for the defeasance of or the payment of the
 7 principal of, premium, if any, and interest on the Bonds
 8 secured by such indenture and on any Bonds expected to be
 9 issued thereafter and all fees and costs payable with respect
10 thereto, all as certified by the Director of the Bureau of the
11 Budget (now Governor's Office of Management and Budget). If on
12 the last business day of any month in which Bonds are
13 outstanding pursuant to the Build Illinois Bond Act, the
14 aggregate of the moneys deposited into in the Build Illinois
15 Bond Account in the Build Illinois Fund in such month shall be
16 less than the amount required to be transferred in such month
17 from the Build Illinois Bond Account to the Build Illinois
18 Bond Retirement and Interest Fund pursuant to Section 13 of
19 the Build Illinois Bond Act, an amount equal to such
20 deficiency shall be immediately paid from other moneys
21 received by the Department pursuant to the Tax Acts to the
22 Build Illinois Fund; provided, however, that any amounts paid
23 to the Build Illinois Fund in any fiscal year pursuant to this
24 sentence shall be deemed to constitute payments pursuant to
25 clause (b) of the preceding sentence and shall reduce the
26 amount otherwise payable for such fiscal year pursuant to
    SB3019 Enrolled        - 1518 - LRB104 20255 HLH 33706 b

1 clause (b) of the preceding sentence. The moneys received by

2 the Department pursuant to this Act and required to be

3 deposited into the Build Illinois Fund are subject to the

4 pledge, claim and charge set forth in Section 12 of the Build

5 Illinois Bond Act.

6   Subject to payment of amounts into the Build Illinois Fund

7 as provided in the preceding paragraph or in any amendment

8 thereto hereafter enacted, the following specified monthly

9 installment of the amount requested in the certificate of the

10 Chairman of the Metropolitan Pier and Exposition Authority

11 provided under Section 8.25f of the State Finance Act, but not

12 in excess of the sums designated as "Total Deposit", shall be

13 deposited in the aggregate from collections under Section 9 of

14 the Use Tax Act, Section 9 of the Service Use Tax Act, Section

15 9 of the Service Occupation Tax Act, and Section 3 of the

16 Retailers' Occupation Tax Act into the McCormick Place

17 Expansion Project Fund in the specified fiscal years.

18  Fiscal Year            Total Deposit
                                              $0
19                   1993
                                53,000,000
20                   1994       58,000,000
                                61,000,000
21                   1995       64,000,000
                                68,000,000
22                   1996       71,000,000

23                   1997

24                   1998

25                   1999
    SB3019 Enrolled        - 1519 - LRB104 20255 HLH 33706 b

1                    2000                                              75,000,000
                                                                       80,000,000
2                    2001                                              93,000,000
                                                                       99,000,000
3                    2002                                            103,000,000
                                                                     108,000,000
4                    2003                                            113,000,000
                                                                     119,000,000
5                    2004                                            126,000,000
                                                                     132,000,000
6                    2005                                            139,000,000
                                                                     146,000,000
7                    2006                                            153,000,000
                                                                     161,000,000
8                    2007                                            170,000,000
                                                                     179,000,000
9                    2008                                            189,000,000
                                                                     199,000,000
10                   2009                                            210,000,000
                                                                     221,000,000
11                   2010                                            233,000,000
                                                                     300,000,000
12                   2011                                            300,000,000
                                                                     300,000,000
13                   2012                                            300,000,000
                                                                     300,000,000
14                   2013

15                   2014

16                   2015

17                   2016

18                   2017

19                   2018

20                   2019

21                   2020

22                   2021

23                   2022

24                   2023

25                   2024

26                   2025
    SB3019 Enrolled        - 1520 - LRB104 20255 HLH 33706 b

1                    2026            300,000,000

2                    2027            375,000,000

3                    2028            375,000,000

4                    2029            375,000,000

5                    2030            375,000,000

6                    2031            375,000,000

7                    2032            375,000,000

8                    2033            375,000,000

9                    2034            375,000,000

10                   2035            375,000,000

11                   2036            450,000,000

12                   and

13  each fiscal year

14  thereafter that bonds

15  are outstanding under

16  Section 13.2 of the

17  Metropolitan Pier and

18  Exposition Authority Act,

19  but not after fiscal year 2060.

20  Beginning July 20, 1993 and in each month of each fiscal

21 year thereafter, one-eighth of the amount requested in the

22 certificate of the Chairman of the Metropolitan Pier and

23 Exposition Authority for that fiscal year, less the amount

24 deposited into the McCormick Place Expansion Project Fund by

25 the State Treasurer in the respective month under subsection

26 (g) of Section 13 of the Metropolitan Pier and Exposition
    SB3019 Enrolled       - 1521 - LRB104 20255 HLH 33706 b

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, but

5 not in excess of the amount specified above as "Total

6 Deposit", has been deposited.

7   Subject to payment of amounts into the Capital Projects

8 Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,

9 and the McCormick Place Expansion Project Fund pursuant to the

10 preceding paragraphs or in any amendments thereto hereafter

11 enacted, for aviation fuel sold on or after December 1, 2019,

12 the Department shall each month deposit into the Aviation Fuel

13 Sales Tax Refund Fund an amount estimated by the Department to

14 be required for refunds of the 80% portion of the tax on

15 aviation fuel under this Act. The Department shall only

16 deposit moneys into the Aviation Fuel Sales Tax Refund Fund

17 under this paragraph for so long as the revenue use

18 requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are

19 binding on the State.

20  Subject to payment of amounts into the Build Illinois Fund

21 and the McCormick Place Expansion Project Fund pursuant to the

22 preceding paragraphs or in any amendments thereto hereafter

23 enacted, beginning July 1, 1993 and ending on September 30,

24 2013, the Department shall each month pay into the Illinois

25 Tax Increment Fund 0.27% of 80% of the net revenue realized for

26 the preceding month from the 6.25% general rate on the selling
    SB3019 Enrolled  - 1522 - LRB104 20255 HLH 33706 b

1 price of tangible personal property.

2   Subject to payment of amounts into the Build Illinois

3 Fund, the McCormick Place Expansion Project Fund, the Illinois

4 Tax Increment Fund, pursuant to the preceding paragraphs or in

5 any amendments to this Section hereafter enacted, beginning on

6 the first day of the first calendar month to occur on or after

7 August 26, 2014 (the effective date of Public Act 98-1098),

8 each month, from the collections made under Section 9 of the

9 Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of

10 the Service Occupation Tax Act, and Section 3 of the

11 Retailers' Occupation Tax Act, the Department shall pay into

12 the Tax Compliance and Administration Fund, to be used,

13 subject to appropriation, to fund additional auditors and

14 compliance personnel at the Department of Revenue, an amount

15 equal to 1/12 of 5% of 80% of the cash receipts collected

16 during the preceding fiscal year by the Audit Bureau of the

17 Department under the Use Tax Act, the Service Use Tax Act, the

18 Service Occupation Tax Act, the Retailers' Occupation Tax Act,

19 and associated local occupation and use taxes administered by

20 the Department.

21  Subject to payments of amounts into the Build Illinois

22 Fund, the McCormick Place Expansion Project Fund, the Illinois

23 Tax Increment Fund, and the Tax Compliance and Administration

24 Fund as provided in this Section, beginning on July 1, 2018 the

25 Department shall pay each month into the Downstate Public

26 Transportation Fund the moneys required to be so paid under
    SB3019 Enrolled  - 1523 - LRB104 20255 HLH 33706 b

1 Section 2-3 of the Downstate Public Transportation Act.

2   Subject to successful execution and delivery of a

3 public-private agreement between the public agency and private

4 entity and completion of the civic build, beginning on July 1,

5 2023, of the remainder of the moneys received by the

6 Department under the Use Tax Act, the Service Use Tax Act, the

7 Service Occupation Tax Act, and this Act, the Department shall

8 deposit the following specified deposits in the aggregate from

9 collections under the Use Tax Act, the Service Use Tax Act, the

10 Service Occupation Tax Act, and the Retailers' Occupation Tax

11 Act, as required under Section 8.25g of the State Finance Act

12 for distribution consistent with the Public-Private

13 Partnership for Civic and Transit Infrastructure Project Act.

14 The moneys received by the Department pursuant to this Act and

15 required to be deposited into the Civic and Transit

16 Infrastructure Fund are subject to the pledge, claim, and

17 charge set forth in Section 25-55 of the Public-Private

18 Partnership for Civic and Transit Infrastructure Project Act.

19 As used in this paragraph, "civic build", "private entity",

20 "public-private agreement", and "public agency" have the

21 meanings provided in Section 25-10 of the Public-Private

22 Partnership for Civic and Transit Infrastructure Project Act.

23  Fiscal Year ............................ Total Deposit

24  2024 .................................... $200,000,000

25  2025 .................................... $206,000,000

26  2026 .................................... $212,200,000
    SB3019 Enrolled  - 1524 - LRB104 20255 HLH 33706 b

1   2027 .................................... $218,500,000

2   2028 .................................... $225,100,000

3   2029 .................................... $288,700,000

4   2030 .................................... $298,900,000

5   2031 .................................... $309,300,000

6   2032 .................................... $320,100,000

7   2033 .................................... $331,200,000

8   2034 .................................... $341,200,000

9   2035 .................................... $351,400,000

10  2036 .................................... $361,900,000

11  2037 .................................... $372,800,000

12  2038 .................................... $384,000,000

13  2039 .................................... $395,500,000

14  2040 .................................... $407,400,000

15  2041 .................................... $419,600,000

16  2042 .................................... $432,200,000

17  2043 .................................... $445,100,000

18  Beginning July 1, 2021 and until July 1, 2022, subject to

19 the payment of amounts into the State and Local Sales Tax

20 Reform Fund, the Build Illinois Fund, the McCormick Place

21 Expansion Project Fund, the Energy Infrastructure Fund, and

22 the Tax Compliance and Administration Fund as provided in this

23 Section, the Department shall pay each month into the Road

24 Fund the amount estimated to represent 16% of the net revenue

25 realized from the taxes imposed on motor fuel and gasohol.

26 Beginning July 1, 2022 and until July 1, 2023, subject to the
SB3019 Enrolled  - 1525 - LRB104 20255 HLH 33706 b

 1 payment of amounts into the State and Local Sales Tax Reform
 2 Fund, the Build Illinois Fund, the McCormick Place Expansion
 3 Project Fund, the Illinois Tax Increment Fund, and the Tax
 4 Compliance and Administration Fund as provided in this
 5 Section, the Department shall pay each month into the Road
 6 Fund the amount estimated to represent 32% of the net revenue
 7 realized from the taxes imposed on motor fuel and gasohol.
 8 Beginning July 1, 2023 and until July 1, 2024, subject to the
 9 payment of amounts into the State and Local Sales Tax Reform
10 Fund, the Build Illinois Fund, the McCormick Place Expansion
11 Project Fund, the Illinois Tax Increment Fund, and the Tax
12 Compliance and Administration Fund as provided in this
13 Section, the Department shall pay each month into the Road
14 Fund the amount estimated to represent 48% of the net revenue
15 realized from the taxes imposed on motor fuel and gasohol.
16 Beginning July 1, 2024 and until July 1, 2026, subject to the
17 payment of amounts into the State and Local Sales Tax Reform
18 Fund, the Build Illinois Fund, the McCormick Place Expansion
19 Project Fund, the Illinois Tax Increment Fund, and the Tax
20 Compliance and Administration Fund as provided in this
21 Section, the Department shall pay each month into the Road
22 Fund the amount estimated to represent 64% of the net revenue
23 realized from the taxes imposed on motor fuel and gasohol.
24 Beginning on July 1, 2026, subject to the payment of amounts
25 into the State and Local Sales Tax Reform Fund, the Build
26 Illinois Fund, the McCormick Place Expansion Project Fund, the
    SB3019 Enrolled     - 1526 - LRB104 20255 HLH 33706 b

1 Illinois Tax Increment Fund, and the Tax Compliance and

2 Administration Fund as provided in this Section, the

3 Department shall pay each month into the Public Transportation

4 Fund and the Downstate Public Transportation Fund the amount

5 estimated to represent 80% of the net revenue realized from

6 the taxes imposed on motor fuel and gasohol. Those moneys

7 shall be apportioned as follows: 85% into the Public

8 Transportation Fund and 15% into the Downstate Public

9 Transportation Fund. As used in this paragraph "motor fuel"

10 has the meaning given to that term in Section 1.1 of the Motor

11 Fuel Tax Law, and "gasohol" has the meaning given to that term

12 in Section 3-40 of the Use Tax Act.

13  Until July 1, 2025, of the remainder of the moneys

14 received by the Department pursuant to this Act, 75% thereof

15 shall be paid into the General Revenue Fund of the State

16 treasury and 25% shall be reserved in a special account and

17 used only for the transfer to the Common School Fund as part of

18 the monthly transfer from the General Revenue Fund in

19 accordance with Section 8a of the State Finance Act. Beginning

20 July 1, 2025, of the remainder of the moneys received by the

21 Department pursuant to this Act, 75% shall be deposited into

22 the General Revenue Fund and 25% shall be deposited into the

23 Common School Fund.

24  As soon as possible after the first day of each month, upon

25 certification of the Department of Revenue, the Comptroller

26 shall order transferred and the Treasurer shall transfer from
    SB3019 Enrolled          - 1527 - LRB104 20255 HLH 33706 b

1 the General Revenue Fund to the Motor Fuel Tax Fund an amount

2 equal to 1.7% of 80% of the net revenue realized under this Act

3 for the second preceding month. Beginning April 1, 2000, this

4 transfer is no longer required and shall not be made.

5   Net revenue realized for a month shall be the revenue

6 collected by the State pursuant to this Act, less the amount

7 paid out during that month as refunds to taxpayers for

8 overpayment of liability.

9 (Source: P.A. 103-363, eff. 7-28-23; 103-592, Article 75,

10 Section 75-10, eff. 1-1-25; 103-592, Article 110, Section

11 110-10, eff. 6-7-24; 104-6, Article 5, Section 5-15, eff.

12 6-16-25; 104-6, Article 35, Section 35-25, eff. 6-16-25;

13 104-417, eff. 8-15-25; 104-457, eff. 6-1-26; revised 1-12-26.)

14                           ARTICLE 805

15  Section 805-5. The Illinois Municipal Code is amended by

16 changing Sections 8-3-14b and 8-3-14c and by adding Section

17 8-3-14d as follows:

18  (65 ILCS 5/8-3-14b)

19  (Section scheduled to be repealed on January 1, 2027)

20  Sec. 8-3-14b. Municipal hotel operators' tax in DuPage

21 County. For any municipality located within DuPage County that

22 belongs to a not-for-profit organization headquartered in

23 DuPage County that is recognized by the Department of Commerce
    SB3019 Enrolled            - 1528 - LRB104 20255 HLH 33706 b

1 and Economic Opportunity as a certified local tourism and

2 convention bureau entitled to receive State tourism grant

3 funds, not less than 75% of the amounts collected pursuant to

4 Section 8-3-14 shall be expended by the municipality to

5 promote tourism and conventions within that municipality or

6 otherwise to attract nonresident overnight visitors to the

7 municipality, and the remainder of the amounts collected by a

8 municipality within DuPage County pursuant to Section 8-3-14

9 may be expended by the municipality for economic development

10 or capital infrastructure.

11  This Section is repealed on January 1, 2029 2027.

12 (Source: P.A. 102-699, eff. 4-19-22; 103-601, eff. 7-1-24.)

13  (65 ILCS 5/8-3-14c)

14  (Section scheduled to be repealed on January 1, 2027)

15  Sec. 8-3-14c. Municipal hotel use tax in DuPage County.

16 For any municipality located within DuPage County that belongs

17 to a not-for-profit organization headquartered in DuPage

18 County that is recognized by the Department of Commerce and

19 Economic Opportunity as a certified local tourism and

20 convention bureau entitled to receive State tourism grant

21 funds, not less than 75% of the amounts collected pursuant to

22 Section 8-3-14a shall be expended by the municipality to

23 promote tourism and conventions within that municipality or

24 otherwise to attract nonresident overnight visitors to the

25 municipality, and the remainder of the amounts collected by a
    SB3019 Enrolled           - 1529 - LRB104 20255 HLH 33706 b

1 municipality within DuPage County pursuant to Section 8-3-14a

2 may be expended by the municipality for economic development

3 or capital infrastructure.

4   This Section is repealed on January 1, 2029 2027.

5 (Source: P.A. 102-699, eff. 4-19-22; 103-601, eff. 7-1-24.)

6   (65 ILCS 5/8-3-14d new)

7   Sec. 8-3-14d. Municipal hotel operators' occupation and

8 use tax reporting.

9   (a) The corporate authorities of a municipality that

10 imposes a tax under Section 8-3-14, Section 8-3-14a, Section

11 8-3-14b, or Section 8-3-14c of this Act shall prepare an

12 annual report on (i) the estimated and actual collections of

13 the tax, (ii) the estimated and actual expenditures of the

14 proceeds of the tax, and (iii) a financial accounting and

15 narrative of how the expenditures of the tax have supported

16 increased overnight hotel room stays, conventions, group

17 travel, meetings and visitor spending within that

18 municipality.

19  (b) The annual reports required by this Section shall be

20 made publicly available by publication in a local newspaper of

21 general circulation in the municipality or by publication on

22 the municipality's Internet website. Annual reports published

23 online must be maintained on the municipality's website for a

24 period of not less than 5 years.

25  (c) For Fiscal Year 2028 and each fiscal year thereafter,
    SB3019 Enrolled       - 1530 - LRB104 20255 HLH 33706 b

 1 municipalities shall transmit the report required pursuant to
 2 this Section to the State Comptroller annually in a manner and
 3 format prescribed by the State Comptroller. The State
 4 Comptroller must post on the State Comptroller's official
 5 website the information submitted by a municipality pursuant
 6 to this Section. The information must be posted no later than
 7 45 days after the State Comptroller receives the information
 8 from the municipality. The State Comptroller must also post a
 9 list of the municipalities not in compliance with the
10 reporting requirements of this Section.

11                        ARTICLE 810

12  Section 810-5. The Illinois Housing Development Act is

13 amended by changing Section 7.28 as follows:

14  (20 ILCS 3805/7.28)

15  Sec. 7.28. Tax credit for donation to sponsors. The

16 Authority may administer and adopt rules for an affordable

17 housing tax donation credit program to provide tax credits for

18 donations as set forth in this Section.

19  (a) In this Section:

20  "Administrative housing agency" means either the Authority

21 or an agency of the City of Chicago.

22  "Affordable housing project" means either:

23  (1) a rental project in which at least 25% of the units
    SB3019 Enrolled    - 1531 - LRB104 20255 HLH 33706 b

1   have rents (including tenant-paid heat) that do not

2   exceed, on a monthly basis, maximum gross rent figures, as

3   published by the Authority, that are:

4   (i) based on data published annually by the U.S.

5   Department of Housing and Urban Development;

6   (ii) based on the annual income of households

7   earning 60% of the area median income;

8   (iii) computed using a 30% of gross monthly income

9   standard; and

10  (iv) adjusted for unit size and at least 25% of the

11  units are occupied by persons and families whose

12  incomes do not exceed 60% of the median family income

13  for the geographic area in which the residential unit

14  is located; or

15  (2) a unit for sale to homebuyers whose gross

16  household income is at or below (A) 60% of the area median

17  income (for taxable years beginning prior to January 1,

18  2022) or (B) 120% of the area median income (for taxable

19  years beginning on or after January 1, 2022) and who pay no

20  more than 30% of their gross household income for mortgage

21  principal, interest, property taxes, and property

22  insurance (PITI).

23  "Donation" means money, securities, or real or personal

24 property that is donated to a not-for-profit sponsor that is

25 used solely for costs associated with either (i) purchasing,

26 constructing, or rehabilitating an affordable housing project
    SB3019 Enrolled      - 1532 - LRB104 20255 HLH 33706 b

1 in this State, (ii) an employer-assisted housing project in

2 this State, (iii) general operating support, or (iv) technical

3 assistance as defined by this Section.

4   "Employer-assisted housing project" means either

5 down-payment assistance, reduced-interest mortgages, mortgage

6 guarantee programs, rental subsidies, or individual

7 development account savings plans that are provided by

8 employers to employees to assist in securing affordable

9 housing near the workplace, that are restricted to housing

10 near the workplace, and that are restricted to employees whose

11 gross household income is at or below 120% of the area median

12 income.

13  "General operating support" means any cost incurred by a

14 sponsor that is a part of its general program costs and is not

15 limited to costs directly incurred by the affordable housing

16 project.

17  "Geographical area" means the metropolitan area or county

18 designated as an area by the federal Department of Housing and

19 Urban Development under Section 8 of the United States Housing

20 Act of 1937, as amended, for purposes of determining fair

21 market rental rates.

22  "Median income" means the incomes that are determined by

23 the federal Department of Housing and Urban Development

24 guidelines and adjusted for family size.

25  "Project" means an affordable housing project, an

26 employer-assisted housing project, general operating support,
    SB3019 Enrolled          - 1533 - LRB104 20255 HLH 33706 b

1 or technical assistance.

2   "Sponsor" means a not-for-profit organization that (i) is

3 organized as a not-for-profit organization under the laws of

4 this State or another state and (1) for an affordable housing

5 project, has as one of its purposes the development of

6 affordable housing; (2) for an employer-assisted housing

7 project, has as one of its purposes home ownership education;

8 and (3) for a technical assistance project, has as one of its

9 purposes either the development of affordable housing or home

10 ownership education; (ii) is organized for the purpose of

11 constructing or rehabilitating affordable housing units and

12 has been issued a ruling from the Internal Revenue Service of

13 the United States Department of the Treasury that the

14 organization is exempt from income taxation under provisions

15 of the Internal Revenue Code; or (iii) is an organization

16 designated as a community development corporation by the

17 United States government under Title VII of the Economic

18 Opportunity Act of 1964.

19  "Tax credit" means a tax credit allowed under Section 214

20 of the Illinois Income Tax Act.

21  "Technical assistance" means any cost incurred by a

22 sponsor for project planning, assistance with applying for

23 financing, or counseling services provided to prospective

24 homebuyers.

25  (b) A sponsor must apply to an administrative housing

26 agency for approval of the project. The administrative housing
    SB3019 Enrolled  - 1534 - LRB104 20255 HLH 33706 b

1 agency must reserve a specific amount of tax credits for each

2 approved project. Tax credits for general operating support

3 can only be reserved as part of a reservation of tax credits

4 for an affordable housing project, an employer-assisted

5 housing project, or technical assistance. No tax credits shall

6 be allowed for a project without a reservation of such tax

7 credits by an administrative housing agency for that project.

8   (c) The Authority must adopt rules establishing criteria

9 for eligible costs and donations, issuing and verifying tax

10 credits, and selecting projects that are eligible for a tax

11 credit.

12  (d) Tax credits for employer-assisted housing projects are

13 limited to that pool of tax credits that have been set aside

14 for employer-assisted housing. Tax credits for general

15 operating support are limited to 10% of the total tax credit

16 reservation for the related project (other than general

17 operating support) and are also limited to that pool of tax

18 credits that have been set aside for general operating

19 support. Tax credits for technical assistance are limited to

20 that pool of tax credits that have been set aside for technical

21 assistance.

22  (e) The amount of tax credits reserved by the

23 administrative housing agency for an approved project is

24 limited to $32,850,352 in State fiscal years 2022 and 2023 and

25 shall increase by 5% each fiscal year thereafter through

26 fiscal year 2026. Beginning in State fiscal year 2027, the
    SB3019 Enrolled          - 1535 - LRB104 20255 HLH 33706 b

1 amount of tax credits reserved by the administrative housing

2 agency for an approved project is limited to $41,831,227 in

3 State fiscal year 2027 and shall increase by 10% each fiscal

4 year thereafter. The City of Chicago shall receive 24.5% of

5 total tax credits authorized for each fiscal year. The

6 Authority shall receive the balance of the tax credits

7 authorized for each fiscal year. The tax credits may be used

8 anywhere in this State. The tax credits have the following

9 set-asides:

10  (1) for employer-assisted housing projects, $2

11  million; and

12  (2) for general operating support and technical

13  assistance, $1 million.

14  The balance of the funds must be used for affordable

15 housing projects. During the first 9 months of a fiscal year,

16 if an administrative housing agency is unable to reserve the

17 tax credits set aside for the purposes described in subsection

18 (e), the administrative housing agency may reserve the tax

19 credits for any approved projects.

20  (f) The administrative housing agency that reserves tax

21 credits for an affordable housing project must record against

22 the land upon which the affordable housing project is located

23 an instrument to assure that the property maintains its

24 affordable housing compliance for a minimum of 10 years. The

25 Authority has flexibility to assure that the instrument does

26 not cause undue hardship on homeowners.
   SB3019 Enrolled  - 1536 - LRB104 20255 HLH 33706 b

1 (Source: P.A. 102-175, eff. 7-29-21.)

2  Section 810-10. The Illinois Income Tax Act is amended by

3 changing Section 214 as follows:

4  (35 ILCS 5/214)

5  Sec. 214. Tax credit for affordable housing donations.

6  (a) Beginning with taxable years ending on or after

7 December 31, 2001 and until the taxable year ending on

8 December 31, 2036, December 31, 2026, a taxpayer who makes a

9 donation under Section 7.28 of the Illinois Housing

10 Development Act is entitled to a credit against the tax

11 imposed by subsections (a) and (b) of Section 201 in an amount

12 equal to 50% of the value of the donation. For taxable years

13 ending before December 31, 2023, partners, shareholders of

14 subchapter S corporations, and owners of limited liability

15 companies (if the limited liability company is treated as a

16 partnership for purposes of federal and State income taxation)

17 are entitled to a credit under this Section to be determined in

18 accordance with the determination of income and distributive

19 share of income under Sections 702 and 703 and subchapter S of

20 the Internal Revenue Code. For taxable years ending on or

21 after December 31, 2023, partners and shareholders of

22 subchapter S corporations are entitled to a credit under this

23 Section as provided in Section 251. Persons or entities not

24 subject to the tax imposed by subsections (a) and (b) of
    SB3019 Enrolled        - 1537 - LRB104 20255 HLH 33706 b

1 Section 201 and who make a donation under Section 7.28 of the

2 Illinois Housing Development Act are entitled to a credit as

3 described in this subsection and may transfer that credit as

4 described in subsection (c).

5   (b) If the amount of the credit exceeds the tax liability

6 for the year, the excess may be carried forward and applied to

7 the tax liability of the 5 taxable years following the excess

8 credit year. The tax credit shall be applied to the earliest

9 year for which there is a tax liability. If there are credits

10 for more than one year that are available to offset a

11 liability, the earlier credit shall be applied first.

12  (c) The transfer of the tax credit allowed under this

13 Section may be made (i) to the purchaser of land that has been

14 designated solely for affordable housing projects in

15 accordance with the Illinois Housing Development Act or (ii)

16 to another donor who has also made a donation in accordance

17 with Section 7.28 of the Illinois Housing Development Act.

18  (d) A taxpayer claiming the credit provided by this

19 Section must maintain and record any information that the

20 Department may require by regulation regarding the project for

21 which the credit is claimed. When claiming the credit provided

22 by this Section, the taxpayer must provide information

23 regarding the taxpayer's donation to the project under the

24 Illinois Housing Development Act.

25 (Source: P.A. 102-16, eff. 6-17-21; 102-175, eff. 7-29-21;

26 103-396, eff. 1-1-24.)
    SB3019 Enrolled       - 1538 - LRB104 20255 HLH 33706 b

1                         ARTICLE 815

2   Section 815-5. The Illinois Income Tax Act is amended by

3 changing Section 222 as follows:

4   (35 ILCS 5/222)

5   Sec. 222. Live theater production credit.

6   (a) For tax years beginning on or after January 1, 2012 and

7 beginning prior to January 1, 2039, January 1, 2027, a

8 taxpayer who has received a tax credit award under the Live

9 Theater Production Tax Credit Act for a long-run production, a

10 pre-Broadway production, or a commercial Broadway touring show

11 is entitled to a credit against the taxes imposed under

12 subsections (a) and (b) of Section 201 of this Act in an amount

13 determined under that Act by the Department of Commerce and

14 Economic Opportunity.

15  (b) For taxable years ending before December 31, 2023, if

16 the taxpayer is a partnership, limited liability partnership,

17 limited liability company, or Subchapter S corporation, the

18 tax credit award is allowed to the partners, unit holders, or

19 shareholders in accordance with the determination of income

20 and distributive share of income under Sections 702 and 704

21 and Subchapter S of the Internal Revenue Code. For taxable

22 years ending on or after December 31, 2023, if the taxpayer is

23 a partnership or Subchapter S corporation, then the provisions
    SB3019 Enrolled        - 1539 - LRB104 20255 HLH 33706 b

1 of Section 251 apply.

2   (c) A sale, assignment, or transfer of the tax credit

3 award may be made by the taxpayer earning the credit within one

4 year after the credit is awarded in accordance with rules

5 adopted by the Department of Commerce and Economic

6 Opportunity.

7   (d) The Department of Revenue, in cooperation with the

8 Department of Commerce and Economic Opportunity, shall adopt

9 rules to enforce and administer the provisions of this

10 Section.

11  (e) The tax credit award may not be carried back. If the

12 amount of the credit exceeds the tax liability for the year,

13 the excess may be carried forward and applied to the tax

14 liability of the 5 tax years following the excess credit year.

15 The tax credit award shall be applied to the earliest year for

16 which there is a tax liability. If there are credits from more

17 than one tax year that are available to offset liability, the

18 earlier credit shall be applied first. In no event may a credit

19 under this Section reduce the taxpayer's liability to less

20 than zero.

21 (Source: P.A. 102-16, eff. 6-17-21; 103-396, eff. 1-1-24;

22 103-592, eff. 6-7-24.)

23  Section 815-10. The Live Theater Production Tax Credit Act

24 is amended by changing Sections 10-10 and 10-20 as follows:
   SB3019 Enrolled     - 1540 - LRB104 20255 HLH 33706 b

1  (35 ILCS 17/10-20)

2  Sec. 10-20. Tax credit award. Subject to the conditions

3 set forth in this Act, an applicant is entitled to a tax credit

4 award as approved by the Department for qualifying Illinois

5 labor expenditures and Illinois production spending for each

6 tax year in which the applicant is awarded an accredited

7 theater production certificate issued by the Department. The

8 amount of tax credits awarded pursuant to this Act shall not

9 exceed $2,000,000 in any State fiscal year ending on or before

10 June 30, 2022. The amount of tax credits awarded pursuant to

11 this Act for the State fiscal year ending on June 30, 2023 or

12 the State fiscal year ending on June 30, 2024 shall not exceed

13 $4,000,000. For the State fiscal year ending on June 30, 2023

14 and the State fiscal year ending on June 30, 2024, no more than

15 $2,000,000 in credits may be awarded in either of those fiscal

16 years to accredited theater productions that are not

17 commercial Broadway touring shows, and no more than $2,000,000

18 in credits may be awarded in either of those fiscal years to

19 commercial Broadway touring shows. For State fiscal years

20 ending on or after June 30, 2025, the amount of tax credits

21 awarded under this Act shall not exceed $6,000,000, with no

22 more than $2,000,000 in credits awarded for long-run

23 productions and pre-Broadway productions, no more than

24 $2,000,000 in credits awarded for commercial Broadway touring

25 shows, and no more than $2,000,000 in credits awarded for

26 non-profit theater productions. If, in any State fiscal year,
    SB3019 Enrolled        - 1541 - LRB104 20255 HLH 33706 b

1 less than $2,000,000 in credits under this Act are awarded for

2 long-run productions and pre-Broadway productions, then the

3 difference between $2,000,000 and the amount of credits

4 awarded for long-run productions and pre-Broadway productions

5 in that fiscal year may be added to the $2,000,000 in credits

6 allowed to be awarded for commercial Broadway touring shows in

7 that State fiscal year.

8   The $2,000,000 in credits that may be awarded for

9 non-profit theater productions under this Act in a State

10 fiscal year shall be allocated as follows:

11  (1) no credits may be awarded for non-profit theater

12  productions that have an annual operating budget of less

13  than $25,000;

14  (2) no more than $225,000 in credits may be awarded,

15  in the aggregate, for non-profit theater productions that

16  have an annual operating budget of $25,000 or more but

17  less than $250,000;

18  (3) no more than $225,000 in credits may be awarded,

19  in the aggregate, for non-profit theater productions that

20  have an annual operating budget of $250,000 or more but

21  less than $1,000,000;

22  (4) no more than $250,000 in credits may be awarded,

23  in the aggregate, for non-profit theater productions that

24  have an annual operating budget of $1,000,000 or more but

25  less than $2,500,000;

26  (5) no more than $300,000 in credits may be awarded,
    SB3019 Enrolled        - 1542 - LRB104 20255 HLH 33706 b

1   in the aggregate, for non-profit theater productions that

2   have an annual operating budget of $2,500,000 or more but

3   less than $5,000,000;

4   (6) no more than $300,000 in credits may be awarded,

5   in the aggregate, for non-profit theater productions that

6   have an annual operating budget of $5,000,000 or more but

7   less than $10,000,000; and

8   (7) no more than $700,000 in credits may be awarded,

9   in the aggregate, for non-profit theater productions that

10  have an annual operating budget of $10,000,000 or more.

11  Credits shall be awarded on a first-come, first-served

12 basis. Notwithstanding the foregoing, if the amount of credits

13 applied for in any fiscal year exceeds the amount authorized

14 to be awarded under this Section, the excess credit amount

15 shall be awarded in the next fiscal year in which credits

16 remain available for award and shall be treated as having been

17 applied for on the first day of that fiscal year.

18 (Source: P.A. 102-700, eff. 4-19-22; 102-1112, eff. 12-21-22;

19 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.)

20                         ARTICLE 820

21  Section 820-5. The Property Tax Code is amended by

22 changing Sections 10-115, 10-125, 10-135, 10-145, 10-150, and

23 10-152 as follows:
    SB3019 Enrolled       - 1543 - LRB104 20255 HLH 33706 b

1   (35 ILCS 200/10-115)

2   Sec. 10-115. Department guidelines and valuations for

3 farmland. The Department shall issue guidelines and

4 recommendations for the valuation of farmland to achieve

5 equitable assessment within and between counties.

6   The Director of Revenue shall appoint a five-person

7 Farmland Assessment Technical Advisory Board, consisting of

8 technical experts from the colleges or schools of agriculture

9 of the State universities and State and federal agricultural

10 agencies, to advise in and provide data and technical

11 information needed for implementation of this Section.

12  By May 1 of each year, the Department shall certify to each

13 chief county assessment officer the following, calculated from

14 data provided by the Farmland Assessment Technical Advisory

15 Board, on a per acre basis by soil productivity index for

16 harvested cropland, using moving averages based upon for the

17 most recent 5-year period for which data are available:

18  (a) gross income, estimated by using annual yields per

19  acre, as assigned to soil productivity indices for the

20  major crops grown in this State, the crop mix for each soil

21  productivity index as determined by a Farmland Assessment

22  Technical Advisory Board representative from the

23  Department of Agricultural and Consumer Economics in the

24  College of Agricultural, Consumer, and Environmental

25  Sciences at the College of Agriculture of the University

26  of Illinois, and annual average prices received by farmers
    SB3019 Enrolled          - 1544 - LRB104 20255 HLH 33706 b

1   for principal crops from associated publicly reported data

2   as published by the Illinois Crop Reporting Service;

3   (b) non-land production costs for each soil

4   productivity index as calculated by the Department of

5   Agricultural and Consumer Economics in, other than land

6   costs, provided by the College of Agricultural, Consumer,

7   and Environmental Sciences at Agriculture of the

8   University of Illinois;

9   (c) net return to land, for each soil productivity

10  index, which is calculated by subtracting non-land

11  production costs from estimated gross income; , which

12  shall be the difference between (a) and (b) above;

13  (d) a proposed agricultural economic value (AEV)

14  determined by dividing the net return to land by a

15  farmland income capitalization rate, which shall be

16  determined based on the calculation year rate under

17  Section 2032A of the Internal Revenue Code, or its analog

18  in cases when the rate is not published by the Farm Credit

19  Bank district that contains Illinois, plus 3%; except

20  that, in cases when that calculated rate exceeds 10%, the

21  income capitalization rate will be 10%; and, in cases when

22  that calculated rate falls below 8%, the income

23  capitalization rate will equal 8% the moving average of

24  the Federal Land Bank farmland mortgage interest rate as

25  calculated by the Department;

26  (e) the equalized assessed value per acre of farmland
    SB3019 Enrolled       - 1545 - LRB104 20255 HLH 33706 b

1   for each soil productivity index, which shall be 33-1/3%

2   of the agricultural economic value, or the percentage as

3   provided under Section 17-5; but any increase or decrease

4   in the equalized assessed value per acre by soil

5   productivity index shall not exceed 10% from the immediate

6   preceding year's soil productivity index certified

7   assessed value of the median cropped soil; in tax year

8   2015 only, that 10% limitation shall be reduced by $5 per

9   acre;

10  (f) a proposed average equalized assessed value per

11  acre of cropland for each individual county, weighted by

12  the distribution of soils by productivity index in the

13  county; and

14  (g) a proposed average equalized assessed value per

15  acre for all farmland in each county, weighted (i) to

16  consider the proportions of all farmland acres in the

17  county which are cropland, permanent pasture, and other

18  farmland, and (ii) to reflect the valuations for those

19  types of land and debasements for slope and erosion as

20  required by Section 10-125.

21 (Source: P.A. 98-109, eff. 7-25-13.)

22  (35 ILCS 200/10-125)

23  Sec. 10-125. Assessment level by type of farmland.

24 Cropland, permanent pasture, and other farmland shall be

25 defined according to guidelines issued by the Department of
    SB3019 Enrolled       - 1546 - LRB104 20255 HLH 33706 b

1 Revenue U.S. Census Bureau definitions in use during that

2 assessment year and assessed in the following way:

3   (a) Cropland shall be assessed in accordance with the

4   equalized assessed value of its soil productivity index as

5   certified by the Department and shall be debased to take

6   into account factors including, but not limited to, slope,

7   drainage, ponding, flooding, and field size and shape.

8   (b) Permanent pasture shall be assessed at 1/3 of its

9   debased productivity index equalized assessed value as

10  cropland.

11  (c) Other farmland shall be assessed at 1/6 of its

12  debased productivity index equalized assessed value as

13  cropland.

14  (d) Wasteland shall be assessed on its contributory

15  value to the farmland parcel.

16  In no case shall the equalized assessed value of permanent

17 pasture be below 1/3, nor the equalized assessed value of

18 other farmland, except wasteland, be below 1/6, of the

19 equalized assessed value per acre of cropland of the lowest

20 productivity index certified under Section 10-115.

21 (Source: P.A. 86-954; 88-455.)

22  (35 ILCS 200/10-135)

23  Sec. 10-135. Farmland not subject to equalization. The

24 assessed valuation of farmland assessed under Sections 10-110

25 through 10-130 shall not be subject to equalization by means
    SB3019 Enrolled       - 1547 - LRB104 20255 HLH 33706 b

1 of State equalization factors. Equalization factors applied by
2 a chief county assessment officer or a Board of Review under
3 Sections 9-205 and 16-60 shall be applied to assessments of
4 farmland only to achieve assessments as required by Sections
5 10-110 through 10-130.
6 (Source: P.A. 92-301, eff. 1-1-02.)

7   (35 ILCS 200/10-145)

8   Sec. 10-145. Farm dwellings. Each farm dwelling and

9 appurtenant structures and the tract upon which they are

10 immediately situated shall be assessed by the local assessing

11 officials at 33 1/3% of fair cash value except that in counties

12 that classify property for purposes of taxation in accordance

13 with Section 4 of Article IX of the Constitution they shall be

14 assessed at the percentage of fair cash value as required by

15 county ordinance. That assessment shall be subject to

16 equalization by the Department under Sections 17-5 through

17 17-30 and local equalization as otherwise provided in this

18 Code.

19 (Source: P.A. 82-554; 88-455.)

20  (35 ILCS 200/10-150)

21  Sec. 10-150. Property under forestry management plan. In

22 counties with less than 3,000,000 inhabitants, any land being

23 managed under a forestry management plan accepted by the

24 Department of Natural Resources under the Illinois Forestry
    SB3019 Enrolled       - 1548 - LRB104 20255 HLH 33706 b

 1 Development Act shall be considered as "other farmland" and
 2 shall be valued at 1/6 of its productivity index equalized
 3 assessed value as cropland. In counties with more than
 4 3,000,000 inhabitants, any land totaling totalling 15 acres or
 5 less for which an approved forestry management plan was in
 6 effect on or before December 31, 1985, shall be considered
 7 "other farmland". The Department of Natural Resources shall
 8 inform the Department and each chief county assessment officer
 9 of each parcel of land covered by an approved forestry
10 management plan, and the Department shall notify each chief
11 county assessment officer of each parcel of land covered by an
12 approved forestry management plan.
13 (Source: P.A. 88-455; 89-445, eff. 2-7-96.)

14  (35 ILCS 200/10-152)

15  (Section scheduled to be repealed on December 31, 2026)

16  Sec. 10-152. Vegetative filter strip assessment.

17  (a) In counties with less than 3,000,000 inhabitants, any

18 land (i) that is located between a farm field and an area to be

19 protected, including but not limited to surface water, a

20 stream, a river, or a sinkhole and (ii) that meets the

21 requirements of subsection (b) of this Section shall be

22 considered a "vegetative filter strip" and valued at 1/6th of

23 its productivity index equalized assessed value as cropland.

24 In counties with 3,000,000 or more inhabitants, the land shall

25 be valued at the lesser of either (i) 16% of the fair cash
    SB3019 Enrolled  - 1549 - LRB104 20255 HLH 33706 b

1 value of the farmland estimated at the price it would bring at

2 a fair, voluntary sale for use by the buyer as a farm as

3 defined in Section 1-60 or (ii) 90% of the 1983 average

4 equalized assessed value per acre certified by the Department

5 of Revenue.

6   (b) Vegetative filter strips shall meet the standards and

7 specifications set forth in the Natural Resources Conservation

8 Service Technical Guide and shall contain vegetation that (i)

9 has a dense top growth; (ii) forms a uniform ground cover;

10 (iii) has a heavy fibrous root system; and (iv) tolerates

11 pesticides used in the farm field.

12  (c) The county's soil and water conservation district

13 shall assist the taxpayer in completing a uniform certified

14 document as prescribed by the Department of Revenue in

15 cooperation with the Association of Illinois Soil and Water

16 Conservation Districts that certifies (i) that the property

17 meets the requirements established under this Section for

18 vegetative filter strips and (ii) the acreage or square

19 footage of property that qualifies for assessment as a

20 vegetative filter strip. The document shall be filed by the

21 applicant with the Chief County Assessment Officer. The Chief

22 County Assessment Officer shall promulgate rules concerning

23 the filing of the document. The soil and water conservation

24 district shall create a conservation plan for the creation of

25 the filter strip. The plan shall be kept on file in the soil

26 and water conservation district office. Nothing in this
    SB3019 Enrolled          - 1550 - LRB104 20255 HLH 33706 b

1 Section shall be construed to require any taxpayer to have

2 vegetative filter strips.

3   (d) A joint report by the Department of Agriculture and

4 the Department of Natural Resources concerning the effect and

5 impact of vegetative filter strip assessment shall be

6 submitted to the General Assembly by March 1, 2006.

7   (e) This Section is repealed on December 31, 2031 December

8 31, 2026.

9 (Source: P.A. 99-560, eff. 1-1-17; 99-916, eff. 12-30-16.)

10                           ARTICLE 825

11  Section 825-5. The Illinois Income Tax Act is amended by

12 changing Sections 201, 220, 221, 231, and 242 as follows:

13  (35 ILCS 5/201)

14  Sec. 201. Tax imposed.

15  (a) In general. A tax measured by net income is hereby

16 imposed on every individual, corporation, trust and estate for

17 each taxable year ending after July 31, 1969 on the privilege

18 of earning or receiving income in or as a resident of this

19 State. Such tax shall be in addition to all other occupation or

20 privilege taxes imposed by this State or by any municipal

21 corporation or political subdivision thereof.

22  (b) Rates. The tax imposed by subsection (a) of this

23 Section shall be determined as follows, except as adjusted by
    SB3019 Enrolled  - 1551 - LRB104 20255 HLH 33706 b

1 subsection (d-1):

2   (1) In the case of an individual, trust or estate, for

3   taxable years ending prior to July 1, 1989, an amount

4   equal to 2 1/2% of the taxpayer's net income for the

5   taxable year.

6   (2) In the case of an individual, trust or estate, for

7   taxable years beginning prior to July 1, 1989 and ending

8   after June 30, 1989, an amount equal to the sum of (i) 2

9   1/2% of the taxpayer's net income for the period prior to

10  July 1, 1989, as calculated under Section 202.3, and (ii)

11  3% of the taxpayer's net income for the period after June

12  30, 1989, as calculated under Section 202.3.

13  (3) In the case of an individual, trust or estate, for

14  taxable years beginning after June 30, 1989, and ending

15  prior to January 1, 2011, an amount equal to 3% of the

16  taxpayer's net income for the taxable year.

17  (4) In the case of an individual, trust, or estate,

18  for taxable years beginning prior to January 1, 2011, and

19  ending after December 31, 2010, an amount equal to the sum

20  of (i) 3% of the taxpayer's net income for the period prior

21  to January 1, 2011, as calculated under Section 202.5, and

22  (ii) 5% of the taxpayer's net income for the period after

23  December 31, 2010, as calculated under Section 202.5.

24  (5) In the case of an individual, trust, or estate,

25  for taxable years beginning on or after January 1, 2011,

26  and ending prior to January 1, 2015, an amount equal to 5%
    SB3019 Enrolled  - 1552 - LRB104 20255 HLH 33706 b

1   of the taxpayer's net income for the taxable year.

2   (5.1) In the case of an individual, trust, or estate,

3   for taxable years beginning prior to January 1, 2015, and

4   ending after December 31, 2014, an amount equal to the sum

5   of (i) 5% of the taxpayer's net income for the period prior

6   to January 1, 2015, as calculated under Section 202.5, and

7   (ii) 3.75% of the taxpayer's net income for the period

8   after December 31, 2014, as calculated under Section

9   202.5.

10  (5.2) In the case of an individual, trust, or estate,

11  for taxable years beginning on or after January 1, 2015,

12  and ending prior to July 1, 2017, an amount equal to 3.75%

13  of the taxpayer's net income for the taxable year.

14  (5.3) In the case of an individual, trust, or estate,

15  for taxable years beginning prior to July 1, 2017, and

16  ending after June 30, 2017, an amount equal to the sum of

17  (i) 3.75% of the taxpayer's net income for the period

18  prior to July 1, 2017, as calculated under Section 202.5,

19  and (ii) 4.95% of the taxpayer's net income for the period

20  after June 30, 2017, as calculated under Section 202.5.

21  (5.4) In the case of an individual, trust, or estate,

22  for taxable years beginning on or after July 1, 2017, an

23  amount equal to 4.95% of the taxpayer's net income for the

24  taxable year.

25  (6) In the case of a corporation, for taxable years

26  ending prior to July 1, 1989, an amount equal to 4% of the
    SB3019 Enrolled  - 1553 - LRB104 20255 HLH 33706 b

1   taxpayer's net income for the taxable year.

2   (7) In the case of a corporation, for taxable years

3   beginning prior to July 1, 1989 and ending after June 30,

4   1989, an amount equal to the sum of (i) 4% of the

5   taxpayer's net income for the period prior to July 1,

6   1989, as calculated under Section 202.3, and (ii) 4.8% of

7   the taxpayer's net income for the period after June 30,

8   1989, as calculated under Section 202.3.

9   (8) In the case of a corporation, for taxable years

10  beginning after June 30, 1989, and ending prior to January

11  1, 2011, an amount equal to 4.8% of the taxpayer's net

12  income for the taxable year.

13  (9) In the case of a corporation, for taxable years

14  beginning prior to January 1, 2011, and ending after

15  December 31, 2010, an amount equal to the sum of (i) 4.8%

16  of the taxpayer's net income for the period prior to

17  January 1, 2011, as calculated under Section 202.5, and

18  (ii) 7% of the taxpayer's net income for the period after

19  December 31, 2010, as calculated under Section 202.5.

20  (10) In the case of a corporation, for taxable years

21  beginning on or after January 1, 2011, and ending prior to

22  January 1, 2015, an amount equal to 7% of the taxpayer's

23  net income for the taxable year.

24  (11) In the case of a corporation, for taxable years

25  beginning prior to January 1, 2015, and ending after

26  December 31, 2014, an amount equal to the sum of (i) 7% of
    SB3019 Enrolled  - 1554 - LRB104 20255 HLH 33706 b

1   the taxpayer's net income for the period prior to January

2   1, 2015, as calculated under Section 202.5, and (ii) 5.25%

3   of the taxpayer's net income for the period after December

4   31, 2014, as calculated under Section 202.5.

5   (12) In the case of a corporation, for taxable years

6   beginning on or after January 1, 2015, and ending prior to

7   July 1, 2017, an amount equal to 5.25% of the taxpayer's

8   net income for the taxable year.

9   (13) In the case of a corporation, for taxable years

10  beginning prior to July 1, 2017, and ending after June 30,

11  2017, an amount equal to the sum of (i) 5.25% of the

12  taxpayer's net income for the period prior to July 1,

13  2017, as calculated under Section 202.5, and (ii) 7% of

14  the taxpayer's net income for the period after June 30,

15  2017, as calculated under Section 202.5.

16  (14) In the case of a corporation, for taxable years

17  beginning on or after July 1, 2017, an amount equal to 7%

18  of the taxpayer's net income for the taxable year.

19  The rates under this subsection (b) are subject to the

20 provisions of Section 201.5.

21  (b-5) Surcharge; sale or exchange of assets, properties,

22 and intangibles of organization gaming licensees. For each of

23 taxable years 2019 through 2027, a surcharge is imposed on all

24 taxpayers on income arising from the sale or exchange of

25 capital assets, depreciable business property, real property

26 used in the trade or business, and Section 197 intangibles (i)
    SB3019 Enrolled      - 1555 - LRB104 20255 HLH 33706 b

1 of an organization licensee under the Illinois Horse Racing

2 Act of 1975 and (ii) of an organization gaming licensee under

3 the Illinois Gambling Act. The amount of the surcharge is

4 equal to the amount of federal income tax liability for the

5 taxable year attributable to those sales and exchanges. The

6 surcharge imposed shall not apply if:

7   (1) the organization gaming license, organization

8   license, or racetrack property is transferred as a result

9   of any of the following:

10  (A) bankruptcy, a receivership, or a debt

11  adjustment initiated by or against the initial

12  licensee or the substantial owners of the initial

13  licensee;

14  (B) cancellation, revocation, or termination of

15  any such license by the Illinois Gaming Board or the

16  Illinois Racing Board;

17  (C) a determination by the Illinois Gaming Board

18  that transfer of the license is in the best interests

19  of Illinois gaming;

20  (D) the death of an owner of the equity interest in

21  a licensee;

22  (E) the acquisition of a controlling interest in

23  the stock or substantially all of the assets of a

24  publicly traded company;

25  (F) a transfer by a parent company to a wholly

26  owned subsidiary; or
    SB3019 Enrolled      - 1556 - LRB104 20255 HLH 33706 b

1               (G) the transfer or sale to or by one person to

2   another person where both persons were initial owners

3   of the license when the license was issued; or

4   (2) the controlling interest in the organization

5   gaming license, organization license, or racetrack

6   property is transferred in a transaction to lineal

7   descendants in which no gain or loss is recognized or as a

8   result of a transaction in accordance with Section 351 of

9   the Internal Revenue Code in which no gain or loss is

10  recognized; or

11  (3) live horse racing was not conducted in 2010 at a

12  racetrack located within 3 miles of the Mississippi River

13  under a license issued pursuant to the Illinois Horse

14  Racing Act of 1975.

15  The transfer of an organization gaming license,

16 organization license, or racetrack property by a person other

17 than the initial licensee to receive the organization gaming

18 license is not subject to a surcharge. The Department shall

19 adopt rules necessary to implement and administer this

20 subsection.

21  (c) Personal Property Tax Replacement Income Tax.

22 Beginning on July 1, 1979 and thereafter, in addition to such

23 income tax, there is also hereby imposed the Personal Property

24 Tax Replacement Income Tax measured by net income on every

25 corporation (including Subchapter S corporations), partnership

26 and trust, for each taxable year ending after June 30, 1979.
    SB3019 Enrolled       - 1557 - LRB104 20255 HLH 33706 b

1 Such taxes are imposed on the privilege of earning or

2 receiving income in or as a resident of this State. The

3 Personal Property Tax Replacement Income Tax shall be in

4 addition to the income tax imposed by subsections (a) and (b)

5 of this Section and in addition to all other occupation or

6 privilege taxes imposed by this State or by any municipal

7 corporation or political subdivision thereof.

8   (d) Additional Personal Property Tax Replacement Income

9 Tax Rates. The personal property tax replacement income tax

10 imposed by this subsection and subsection (c) of this Section

11 in the case of a corporation, other than a Subchapter S

12 corporation and except as adjusted by subsection (d-1), shall

13 be an additional amount equal to 2.85% of such taxpayer's net

14 income for the taxable year, except that beginning on January

15 1, 1981, and thereafter, the rate of 2.85% specified in this

16 subsection shall be reduced to 2.5%, and in the case of a

17 partnership, trust or a Subchapter S corporation shall be an

18 additional amount equal to 1.5% of such taxpayer's net income

19 for the taxable year.

20  (d-1) Rate reduction for certain foreign insurers. In the

21 case of a foreign insurer, as defined by Section 35A-5 of the

22 Illinois Insurance Code, whose state or country of domicile

23 imposes on insurers domiciled in Illinois a retaliatory tax

24 (excluding any insurer whose premiums from reinsurance assumed

25 are 50% or more of its total insurance premiums as determined

26 under paragraph (2) of subsection (b) of Section 304, except
    SB3019 Enrolled  - 1558 - LRB104 20255 HLH 33706 b

1 that for purposes of this determination premiums from

2 reinsurance do not include premiums from inter-affiliate

3 reinsurance arrangements), beginning with taxable years ending

4 on or after December 31, 1999, the sum of the rates of tax

5 imposed by subsections (b) and (d) shall be reduced (but not

6 increased) to the rate at which the total amount of tax imposed

7 under this Act, net of all credits allowed under this Act,

8 shall equal (i) the total amount of tax that would be imposed

9 on the foreign insurer's net income allocable to Illinois for

10 the taxable year by such foreign insurer's state or country of

11 domicile if that net income were subject to all income taxes

12 and taxes measured by net income imposed by such foreign

13 insurer's state or country of domicile, net of all credits

14 allowed or (ii) a rate of zero if no such tax is imposed on

15 such income by the foreign insurer's state of domicile. For

16 the purposes of this subsection (d-1), an inter-affiliate

17 includes a mutual insurer under common management.

18  (1) For the purposes of subsection (d-1), in no event

19  shall the sum of the rates of tax imposed by subsections

20  (b) and (d) be reduced below the rate at which the sum of:

21  (A) the total amount of tax imposed on such

22  foreign insurer under this Act for a taxable year, net

23  of all credits allowed under this Act, plus

24  (B) the privilege tax imposed by Section 409 of

25  the Illinois Insurance Code, the fire insurance

26  company tax imposed by Section 12 of the Fire
    SB3019 Enrolled  - 1559 - LRB104 20255 HLH 33706 b

1   Investigation Act, and the fire department taxes

2   imposed under Section 11-10-1 of the Illinois

3   Municipal Code,

4   equals 1.25% for taxable years ending prior to December

5   31, 2003, or 1.75% for taxable years ending on or after

6   December 31, 2003, of the net taxable premiums written for

7   the taxable year, as described by subsection (1) of

8   Section 409 of the Illinois Insurance Code. This paragraph

9   will in no event increase the rates imposed under

10  subsections (b) and (d).

11  (2) Any reduction in the rates of tax imposed by this

12  subsection shall be applied first against the rates

13  imposed by subsection (b) and only after the tax imposed

14  by subsection (a) net of all credits allowed under this

15  Section other than the credit allowed under subsection (i)

16  has been reduced to zero, against the rates imposed by

17  subsection (d).

18  This subsection (d-1) is exempt from the provisions of

19 Section 250.

20  (e) Investment credit. A taxpayer shall be allowed a

21 credit against the Personal Property Tax Replacement Income

22 Tax for investment in qualified property.

23  (1) A taxpayer shall be allowed a credit equal to .5%

24  of the basis of qualified property placed in service

25  during the taxable year, provided such property is placed

26  in service on or after July 1, 1984. There shall be allowed
    SB3019 Enrolled  - 1560 - LRB104 20255 HLH 33706 b

1   an additional credit equal to .5% of the basis of

2   qualified property placed in service during the taxable

3   year, provided such property is placed in service on or

4   after July 1, 1986, and the taxpayer's base employment

5   within Illinois has increased by 1% or more over the

6   preceding year as determined by the taxpayer's employment

7   records filed with the Illinois Department of Employment

8   Security. Taxpayers who are new to Illinois shall be

9   deemed to have met the 1% growth in base employment for the

10  first year in which they file employment records with the

11  Illinois Department of Employment Security. The provisions

12  added to this Section by Public Act 85-1200 (and restored

13  by Public Act 87-895) shall be construed as declaratory of

14  existing law and not as a new enactment. If, in any year,

15  the increase in base employment within Illinois over the

16  preceding year is less than 1%, the additional credit

17  shall be limited to that percentage times a fraction, the

18  numerator of which is .5% and the denominator of which is

19  1%, but shall not exceed .5%. The investment credit shall

20  not be allowed to the extent that it would reduce a

21  taxpayer's liability in any tax year below zero, nor may

22  any credit for qualified property be allowed for any year

23  other than the year in which the property was placed in

24  service in Illinois. For tax years ending on or after

25  December 31, 1987, and on or before December 31, 1988, the

26  credit shall be allowed for the tax year in which the
    SB3019 Enrolled  - 1561 - LRB104 20255 HLH 33706 b

1   property is placed in service, or, if the amount of the

2   credit exceeds the tax liability for that year, whether it

3   exceeds the original liability or the liability as later

4   amended, such excess may be carried forward and applied to

5   the tax liability of the 5 taxable years following the

6   excess credit years if the taxpayer (i) makes investments

7   which cause the creation of a minimum of 2,000 full-time

8   equivalent jobs in Illinois, (ii) is located in an

9   enterprise zone established pursuant to the Illinois

10  Enterprise Zone Act and (iii) is certified by the

11  Department of Commerce and Community Affairs (now

12  Department of Commerce and Economic Opportunity) as

13  complying with the requirements specified in clause (i)

14  and (ii) by July 1, 1986. The Department of Commerce and

15  Community Affairs (now Department of Commerce and Economic

16  Opportunity) shall notify the Department of Revenue of all

17  such certifications immediately. For tax years ending

18  after December 31, 1988, the credit shall be allowed for

19  the tax year in which the property is placed in service,

20  or, if the amount of the credit exceeds the tax liability

21  for that year, whether it exceeds the original liability

22  or the liability as later amended, such excess may be

23  carried forward and applied to the tax liability of the 5

24  taxable years following the excess credit years. The

25  credit shall be applied to the earliest year for which

26  there is a liability. If there is credit from more than one
    SB3019 Enrolled  - 1562 - LRB104 20255 HLH 33706 b

1   tax year that is available to offset a liability, earlier

2   credit shall be applied first.

3   (2) The term "qualified property" means property

4   which:

5           (A) is tangible, whether new or used, including

6   buildings and structural components of buildings and

7   signs that are real property, but not including land

8   or improvements to real property that are not a

9   structural component of a building such as

10  landscaping, sewer lines, local access roads, fencing,

11  parking lots, and other appurtenances;

12          (B) is depreciable pursuant to Section 167 of the

13  Internal Revenue Code, except that "3-year property"

14  as defined in Section 168(c)(2)(A) of that Code is not

15  eligible for the credit provided by this subsection

16  (e);

17          (C) is acquired by purchase as defined in Section

18  179(d) of the Internal Revenue Code;

19          (D) is used in Illinois by a taxpayer who is

20  primarily engaged in manufacturing, or in mining coal

21  or fluorite, or in retailing, or was placed in service

22  on or after July 1, 2006 in a River Edge Redevelopment

23  Zone established pursuant to the River Edge

24  Redevelopment Zone Act; and

25          (E) has not previously been used in Illinois in

26  such a manner and by such a person as would qualify for
    SB3019 Enrolled       - 1563 - LRB104 20255 HLH 33706 b

1   the credit provided by this subsection (e) or

2   subsection (f).

3   (3) For purposes of this subsection (e),

4   "manufacturing" means the material staging and production

5   of tangible personal property by procedures commonly

6   regarded as manufacturing, processing, fabrication, or

7   assembling which changes some existing material into new

8   shapes, new qualities, or new combinations. For purposes

9   of this subsection (e) the term "mining" shall have the

10  same meaning as the term "mining" in Section 613(c) of the

11  Internal Revenue Code. For purposes of this subsection

12  (e), the term "retailing" means the sale of tangible

13  personal property for use or consumption and not for

14  resale, or services rendered in conjunction with the sale

15  of tangible personal property for use or consumption and

16  not for resale. For purposes of this subsection (e),

17  "tangible personal property" has the same meaning as when

18  that term is used in the Retailers' Occupation Tax Act,

19  and, for taxable years ending after December 31, 2008,

20  does not include the generation, transmission, or

21  distribution of electricity.

22  (4) The basis of qualified property shall be the basis

23  used to compute the depreciation deduction for federal

24  income tax purposes.

25  (5) If the basis of the property for federal income

26  tax depreciation purposes is increased after it has been
    SB3019 Enrolled     - 1564 - LRB104 20255 HLH 33706 b

1   placed in service in Illinois by the taxpayer, the amount

2   of such increase shall be deemed property placed in

3   service on the date of such increase in basis.

4   (6) The term "placed in service" shall have the same

5   meaning as under Section 46 of the Internal Revenue Code.

6   (7) If during any taxable year, any property ceases to

7   be qualified property in the hands of the taxpayer within

8   48 months after being placed in service, or the situs of

9   any qualified property is moved outside Illinois within 48

10  months after being placed in service, the Personal

11  Property Tax Replacement Income Tax for such taxable year

12  shall be increased. Such increase shall be determined by

13  (i) recomputing the investment credit which would have

14  been allowed for the year in which credit for such

15  property was originally allowed by eliminating such

16  property from such computation and, (ii) subtracting such

17  recomputed credit from the amount of credit previously

18  allowed. For the purposes of this paragraph (7), a

19  reduction of the basis of qualified property resulting

20  from a redetermination of the purchase price shall be

21  deemed a disposition of qualified property to the extent

22  of such reduction.

23  (8) Unless the investment credit is extended by law,

24  the basis of qualified property shall not include costs

25  incurred after December 31, 2018, except for costs

26  incurred pursuant to a binding contract entered into on or
    SB3019 Enrolled  - 1565 - LRB104 20255 HLH 33706 b

1   before December 31, 2018.

2   (9) Each taxable year ending before December 31, 2000,

3   a partnership may elect to pass through to its partners

4   the credits to which the partnership is entitled under

5   this subsection (e) for the taxable year. A partner may

6   use the credit allocated to him or her under this

7   paragraph only against the tax imposed in subsections (c)

8   and (d) of this Section. If the partnership makes that

9   election, those credits shall be allocated among the

10  partners in the partnership in accordance with the rules

11  set forth in Section 704(b) of the Internal Revenue Code,

12  and the rules promulgated under that Section, and the

13  allocated amount of the credits shall be allowed to the

14  partners for that taxable year. The partnership shall make

15  this election on its Personal Property Tax Replacement

16  Income Tax return for that taxable year. The election to

17  pass through the credits shall be irrevocable.

18  For taxable years ending on or after December 31,

19  2000, a partner that qualifies its partnership for a

20  subtraction under subparagraph (I) of paragraph (2) of

21  subsection (d) of Section 203 or a shareholder that

22  qualifies a Subchapter S corporation for a subtraction

23  under subparagraph (S) of paragraph (2) of subsection (b)

24  of Section 203 shall be allowed a credit under this

25  subsection (e) equal to its share of the credit earned

26  under this subsection (e) during the taxable year by the
    SB3019 Enrolled    - 1566 - LRB104 20255 HLH 33706 b

1   partnership or Subchapter S corporation, determined in

2   accordance with the determination of income and

3   distributive share of income under Sections 702 and 704

4   and Subchapter S of the Internal Revenue Code. This

5   paragraph is exempt from the provisions of Section 250.

6   (f) Investment credit; Enterprise Zone; River Edge

7 Redevelopment Zone.

8   (1) A taxpayer shall be allowed a credit against the

9   tax imposed by subsections (a) and (b) of this Section for

10  investment in qualified property which is placed in

11  service in an Enterprise Zone created pursuant to the

12  Illinois Enterprise Zone Act or, for property placed in

13  service on or after July 1, 2006, a River Edge

14  Redevelopment Zone established pursuant to the River Edge

15  Redevelopment Zone Act. For partners, shareholders of

16  Subchapter S corporations, and owners of limited liability

17  companies, if the liability company is treated as a

18  partnership for purposes of federal and State income

19  taxation, for taxable years ending before December 31,

20  2023, there shall be allowed a credit under this

21  subsection (f) to be determined in accordance with the

22  determination of income and distributive share of income

23  under Sections 702 and 704 and Subchapter S of the

24  Internal Revenue Code. For taxable years ending on or

25  after December 31, 2023, for partners and shareholders of

26  Subchapter S corporations, the provisions of Section 251
    SB3019 Enrolled  - 1567 - LRB104 20255 HLH 33706 b

1   shall apply with respect to the credit under this

2   subsection. The credit shall be .5% of the basis for such

3   property. The credit shall be available only in the

4   taxable year in which the property is placed in service in

5   the Enterprise Zone or River Edge Redevelopment Zone and

6   shall not be allowed to the extent that it would reduce a

7   taxpayer's liability for the tax imposed by subsections

8   (a) and (b) of this Section to below zero. For tax years

9   ending on or after December 31, 1985, the credit shall be

10  allowed for the tax year in which the property is placed in

11  service, or, if the amount of the credit exceeds the tax

12  liability for that year, whether it exceeds the original

13  liability or the liability as later amended, such excess

14  may be carried forward and applied to the tax liability of

15  the 5 taxable years following the excess credit year. The

16  credit shall be applied to the earliest year for which

17  there is a liability. If there is credit from more than one

18  tax year that is available to offset a liability, the

19  credit accruing first in time shall be applied first.

20  (2) The term qualified property means property which:

21  (A) is tangible, whether new or used, including

22  buildings and structural components of buildings;

23  (B) is depreciable pursuant to Section 167 of the

24  Internal Revenue Code, except that "3-year property"

25  as defined in Section 168(c)(2)(A) of that Code is not

26  eligible for the credit provided by this subsection
    SB3019 Enrolled       - 1568 - LRB104 20255 HLH 33706 b

1   (f);

2   (C) is acquired by purchase as defined in Section

3   179(d) of the Internal Revenue Code;

4   (D) is used in the Enterprise Zone or River Edge

5   Redevelopment Zone by the taxpayer; and

6   (E) has not been previously used in Illinois in

7   such a manner and by such a person as would qualify for

8   the credit provided by this subsection (f) or

9   subsection (e).

10  (3) The basis of qualified property shall be the basis

11  used to compute the depreciation deduction for federal

12  income tax purposes.

13  (4) If the basis of the property for federal income

14  tax depreciation purposes is increased after it has been

15  placed in service in the Enterprise Zone or River Edge

16  Redevelopment Zone by the taxpayer, the amount of such

17  increase shall be deemed property placed in service on the

18  date of such increase in basis.

19  (5) The term "placed in service" shall have the same

20  meaning as under Section 46 of the Internal Revenue Code.

21  (6) If during any taxable year, any property ceases to

22  be qualified property in the hands of the taxpayer within

23  48 months after being placed in service, or the situs of

24  any qualified property is moved outside the Enterprise

25  Zone or River Edge Redevelopment Zone within 48 months

26  after being placed in service, the tax imposed under
    SB3019 Enrolled     - 1569 - LRB104 20255 HLH 33706 b

1   subsections (a) and (b) of this Section for such taxable

2   year shall be increased. Such increase shall be determined

3   by (i) recomputing the investment credit which would have

4   been allowed for the year in which credit for such

5   property was originally allowed by eliminating such

6   property from such computation, and (ii) subtracting such

7   recomputed credit from the amount of credit previously

8   allowed. For the purposes of this paragraph (6), a

9   reduction of the basis of qualified property resulting

10  from a redetermination of the purchase price shall be

11  deemed a disposition of qualified property to the extent

12  of such reduction.

13  (7) There shall be allowed an additional credit equal

14  to 0.5% of the basis of qualified property placed in

15  service during the taxable year in a River Edge

16  Redevelopment Zone, provided such property is placed in

17  service on or after July 1, 2006, and the taxpayer's base

18  employment within Illinois has increased by 1% or more

19  over the preceding year as determined by the taxpayer's

20  employment records filed with the Illinois Department of

21  Employment Security. Taxpayers who are new to Illinois

22  shall be deemed to have met the 1% growth in base

23  employment for the first year in which they file

24  employment records with the Illinois Department of

25  Employment Security. If, in any year, the increase in base

26  employment within Illinois over the preceding year is less
    SB3019 Enrolled  - 1570 - LRB104 20255 HLH 33706 b

1   than 1%, the additional credit shall be limited to that

2   percentage times a fraction, the numerator of which is

3   0.5% and the denominator of which is 1%, but shall not

4   exceed 0.5%.

5   (8) For taxable years beginning on or after January 1,

6   2021, there shall be allowed an Enterprise Zone

7   construction jobs credit against the taxes imposed under

8   subsections (a) and (b) of this Section as provided in

9   Section 13 of the Illinois Enterprise Zone Act.

10  The credit or credits may not reduce the taxpayer's

11  liability to less than zero. If the amount of the credit or

12  credits exceeds the taxpayer's liability, the excess may

13  be carried forward and applied against the taxpayer's

14  liability in succeeding calendar years in the same manner

15  provided under paragraph (4) of Section 211 of this Act.

16  The credit or credits shall be applied to the earliest

17  year for which there is a tax liability. If there are

18  credits from more than one taxable year that are available

19  to offset a liability, the earlier credit shall be applied

20  first.

21  For partners, shareholders of Subchapter S

22  corporations, and owners of limited liability companies,

23  if the liability company is treated as a partnership for

24  the purposes of federal and State income taxation, for

25  taxable years ending before December 31, 2023, there shall

26  be allowed a credit under this Section to be determined in
    SB3019 Enrolled  - 1571 - LRB104 20255 HLH 33706 b

1   accordance with the determination of income and

2   distributive share of income under Sections 702 and 704

3   and Subchapter S of the Internal Revenue Code. For taxable

4   years ending on or after December 31, 2023, for partners

5   and shareholders of Subchapter S corporations, the

6   provisions of Section 251 shall apply with respect to the

7   credit under this subsection.

8   The total aggregate amount of credits awarded under

9   the Blue Collar Jobs Act (Article 20 of Public Act 101-9)

10  shall not exceed $20,000,000 in any State fiscal year.

11  This paragraph (8) is exempt from the provisions of

12  Section 250.

13  (g) (Blank).

14  (h) Investment credit; High Impact Business.

15  (1) Subject to subsections (b) and (b-5) of Section

16  5.5 of the Illinois Enterprise Zone Act, a taxpayer shall

17  be allowed a credit against the tax imposed by subsections

18  (a) and (b) of this Section for investment in qualified

19  property which is placed in service by a Department of

20  Commerce and Economic Opportunity designated High Impact

21  Business. The credit shall be .5% of the basis for such

22  property. The credit shall not be available (i) until the

23  minimum investments in qualified property set forth in

24  subdivision (a)(3)(A) of Section 5.5 of the Illinois

25  Enterprise Zone Act have been satisfied or (ii) until the

26  time authorized in subsection (b-5) of the Illinois
    SB3019 Enrolled  - 1572 - LRB104 20255 HLH 33706 b

1   Enterprise Zone Act for entities designated as High Impact

2   Businesses under subdivisions (a)(3)(B), (a)(3)(C), and

3   (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone

4   Act, and shall not be allowed to the extent that it would

5   reduce a taxpayer's liability for the tax imposed by

6   subsections (a) and (b) of this Section to below zero. The

7   credit applicable to such investments shall be taken in

8   the taxable year in which such investments have been

9   completed. The credit for additional investments beyond

10  the minimum investment by a designated high impact

11  business authorized under subdivision (a)(3)(A) of Section

12  5.5 of the Illinois Enterprise Zone Act shall be available

13  only in the taxable year in which the property is placed in

14  service and shall not be allowed to the extent that it

15  would reduce a taxpayer's liability for the tax imposed by

16  subsections (a) and (b) of this Section to below zero. For

17  tax years ending on or after December 31, 1987, the credit

18  shall be allowed for the tax year in which the property is

19  placed in service, or, if the amount of the credit exceeds

20  the tax liability for that year, whether it exceeds the

21  original liability or the liability as later amended, such

22  excess may be carried forward and applied to the tax

23  liability of the 5 taxable years following the excess

24  credit year. The credit shall be applied to the earliest

25  year for which there is a liability. If there is credit

26  from more than one tax year that is available to offset a
    SB3019 Enrolled        - 1573 - LRB104 20255 HLH 33706 b

1   liability, the credit accruing first in time shall be

2   applied first.

3   Changes made in this subdivision (h)(1) by Public Act

4   88-670 restore changes made by Public Act 85-1182 and

5   reflect existing law.

6   (2) The term qualified property means property which:

7   (A) is tangible, whether new or used, including

8   buildings and structural components of buildings;

9   (B) is depreciable pursuant to Section 167 of the

10  Internal Revenue Code, except that "3-year property"

11  as defined in Section 168(c)(2)(A) of that Code is not

12  eligible for the credit provided by this subsection

13  (h);

14  (C) is acquired by purchase as defined in Section

15  179(d) of the Internal Revenue Code; and

16  (D) is not eligible for the Enterprise Zone

17  Investment Credit provided by subsection (f) of this

18  Section.

19  (3) The basis of qualified property shall be the basis

20  used to compute the depreciation deduction for federal

21  income tax purposes.

22  (4) If the basis of the property for federal income

23  tax depreciation purposes is increased after it has been

24  placed in service in a federally designated Foreign Trade

25  Zone or Sub-Zone located in Illinois by the taxpayer, the

26  amount of such increase shall be deemed property placed in
    SB3019 Enrolled     - 1574 - LRB104 20255 HLH 33706 b

1   service on the date of such increase in basis.

2   (5) The term "placed in service" shall have the same

3   meaning as under Section 46 of the Internal Revenue Code.

4   (6) If during any taxable year ending on or before

5   December 31, 1996, any property ceases to be qualified

6   property in the hands of the taxpayer within 48 months

7   after being placed in service, or the situs of any

8   qualified property is moved outside Illinois within 48

9   months after being placed in service, the tax imposed

10  under subsections (a) and (b) of this Section for such

11  taxable year shall be increased. Such increase shall be

12  determined by (i) recomputing the investment credit which

13  would have been allowed for the year in which credit for

14  such property was originally allowed by eliminating such

15  property from such computation, and (ii) subtracting such

16  recomputed credit from the amount of credit previously

17  allowed. For the purposes of this paragraph (6), a

18  reduction of the basis of qualified property resulting

19  from a redetermination of the purchase price shall be

20  deemed a disposition of qualified property to the extent

21  of such reduction.

22  (7) Beginning with tax years ending after December 31,

23  1996, if a taxpayer qualifies for the credit under this

24  subsection (h) and thereby is granted a tax abatement and

25  the taxpayer relocates its entire facility in violation of

26  the explicit terms and length of the contract under
    SB3019 Enrolled  - 1575 - LRB104 20255 HLH 33706 b

1   Section 18-183 of the Property Tax Code, the tax imposed

2   under subsections (a) and (b) of this Section shall be

3   increased for the taxable year in which the taxpayer

4   relocated its facility by an amount equal to the amount of

5   credit received by the taxpayer under this subsection (h).

6   (h-5) High Impact Business construction jobs credit. For

7 taxable years beginning on or after January 1, 2021, there

8 shall also be allowed a High Impact Business construction jobs

9 credit against the tax imposed under subsections (a) and (b)

10 of this Section as provided in subsections (i) and (j) of

11 Section 5.5 of the Illinois Enterprise Zone Act.

12  The credit or credits may not reduce the taxpayer's

13 liability to less than zero. If the amount of the credit or

14 credits exceeds the taxpayer's liability, the excess may be

15 carried forward and applied against the taxpayer's liability

16 in succeeding calendar years in the manner provided under

17 paragraph (4) of Section 211 of this Act. The credit or credits

18 shall be applied to the earliest year for which there is a tax

19 liability. If there are credits from more than one taxable

20 year that are available to offset a liability, the earlier

21 credit shall be applied first.

22  For partners, shareholders of Subchapter S corporations,

23 and owners of limited liability companies, for taxable years

24 ending before December 31, 2023, if the liability company is

25 treated as a partnership for the purposes of federal and State

26 income taxation, there shall be allowed a credit under this
    SB3019 Enrolled  - 1576 - LRB104 20255 HLH 33706 b

1 Section to be determined in accordance with the determination

2 of income and distributive share of income under Sections 702

3 and 704 and Subchapter S of the Internal Revenue Code. For

4 taxable years ending on or after December 31, 2023, for

5 partners and shareholders of Subchapter S corporations, the

6 provisions of Section 251 shall apply with respect to the

7 credit under this subsection.

8   The total aggregate amount of credits awarded under the

9 Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not

10 exceed $20,000,000 in any State fiscal year.

11  This subsection (h-5) is exempt from the provisions of

12 Section 250.

13  (i) Credit for Personal Property Tax Replacement Income

14 Tax. For tax years ending prior to December 31, 2003, a credit

15 shall be allowed against the tax imposed by subsections (a)

16 and (b) of this Section for the tax imposed by subsections (c)

17 and (d) of this Section. This credit shall be computed by

18 multiplying the tax imposed by subsections (c) and (d) of this

19 Section by a fraction, the numerator of which is base income

20 allocable to Illinois and the denominator of which is Illinois

21 base income, and further multiplying the product by the tax

22 rate imposed by subsections (a) and (b) of this Section.

23  Any credit earned on or after December 31, 1986 under this

24 subsection which is unused in the year the credit is computed

25 because it exceeds the tax liability imposed by subsections

26 (a) and (b) for that year (whether it exceeds the original
    SB3019 Enrolled  - 1577 - LRB104 20255 HLH 33706 b

1 liability or the liability as later amended) may be carried

2 forward and applied to the tax liability imposed by

3 subsections (a) and (b) of the 5 taxable years following the

4 excess credit year, provided that no credit may be carried

5 forward to any year ending on or after December 31, 2003. This

6 credit shall be applied first to the earliest year for which

7 there is a liability. If there is a credit under this

8 subsection from more than one tax year that is available to

9 offset a liability the earliest credit arising under this

10 subsection shall be applied first.

11  If, during any taxable year ending on or after December

12 31, 1986, the tax imposed by subsections (c) and (d) of this

13 Section for which a taxpayer has claimed a credit under this

14 subsection (i) is reduced, the amount of credit for such tax

15 shall also be reduced. Such reduction shall be determined by

16 recomputing the credit to take into account the reduced tax

17 imposed by subsections (c) and (d). If any portion of the

18 reduced amount of credit has been carried to a different

19 taxable year, an amended return shall be filed for such

20 taxable year to reduce the amount of credit claimed.

21  (j) Training expense credit. Beginning with tax years

22 ending on or after December 31, 1986 and prior to December 31,

23 2003, a taxpayer shall be allowed a credit against the tax

24 imposed by subsections (a) and (b) under this Section for all

25 amounts paid or accrued, on behalf of all persons employed by

26 the taxpayer in Illinois or Illinois residents employed
    SB3019 Enrolled  - 1578 - LRB104 20255 HLH 33706 b

1 outside of Illinois by a taxpayer, for educational or

2 vocational training in semi-technical or technical fields or

3 semi-skilled or skilled fields, which were deducted from gross

4 income in the computation of taxable income. The credit

5 against the tax imposed by subsections (a) and (b) shall be

6 1.6% of such training expenses. For partners, shareholders of

7 subchapter S corporations, and owners of limited liability

8 companies, if the liability company is treated as a

9 partnership for purposes of federal and State income taxation,

10 for taxable years ending before December 31, 2023, there shall

11 be allowed a credit under this subsection (j) to be determined

12 in accordance with the determination of income and

13 distributive share of income under Sections 702 and 704 and

14 subchapter S of the Internal Revenue Code. For taxable years

15 ending on or after December 31, 2023, for partners and

16 shareholders of Subchapter S corporations, the provisions of

17 Section 251 shall apply with respect to the credit under this

18 subsection.

19  Any credit allowed under this subsection which is unused

20 in the year the credit is earned may be carried forward to each

21 of the 5 taxable years following the year for which the credit

22 is first computed until it is used. This credit shall be

23 applied first to the earliest year for which there is a

24 liability. If there is a credit under this subsection from

25 more than one tax year that is available to offset a liability,

26 the earliest credit arising under this subsection shall be
    SB3019 Enrolled  - 1579 - LRB104 20255 HLH 33706 b

1 applied first. No carryforward credit may be claimed in any

2 tax year ending on or after December 31, 2003.

3   (k) Research and development credit. For tax years ending

4 after July 1, 1990 and prior to December 31, 2003, and

5 beginning again for tax years ending on or after December 31,

6 2004, and ending prior to January 1, 2037 January 1, 2032, a

7 taxpayer shall be allowed a credit against the tax imposed by

8 subsections (a) and (b) of this Section for increasing

9 research activities in this State. The credit allowed against

10 the tax imposed by subsections (a) and (b) shall be equal to 6

11 1/2% of the qualifying expenditures for increasing research

12 activities in this State. For partners, shareholders of

13 subchapter S corporations, and owners of limited liability

14 companies, if the liability company is treated as a

15 partnership for purposes of federal and State income taxation,

16 for taxable years ending before December 31, 2023, there shall

17 be allowed a credit under this subsection to be determined in

18 accordance with the determination of income and distributive

19 share of income under Sections 702 and 704 and subchapter S of

20 the Internal Revenue Code. For taxable years ending on or

21 after December 31, 2023, for partners and shareholders of

22 Subchapter S corporations, the provisions of Section 251 shall

23 apply with respect to the credit under this subsection.

24  For purposes of this subsection, "qualifying expenditures"

25 means the qualifying expenditures as defined for the federal

26 credit for increasing research activities which would be
    SB3019 Enrolled  - 1580 - LRB104 20255 HLH 33706 b

1 allowable under Section 41 of the Internal Revenue Code and

2 which are conducted in this State, "qualifying expenditures

3 for increasing research activities in this State" means the

4 excess of qualifying expenditures for the taxable year in

5 which incurred over qualifying expenditures for the base

6 period, "qualifying expenditures for the base period" means

7 the average of the qualifying expenditures for each year in

8 the base period, and "base period" means the 3 taxable years

9 immediately preceding the taxable year for which the

10 determination is being made.

11  Any credit in excess of the tax liability for the taxable

12 year may be carried forward. A taxpayer may elect to have the

13 unused credit shown on its final completed return carried over

14 as a credit against the tax liability for the following 5

15 taxable years or until it has been fully used, whichever

16 occurs first; provided that no credit earned in a tax year

17 ending prior to December 31, 2003 may be carried forward to any

18 year ending on or after December 31, 2003.

19  If an unused credit is carried forward to a given year from

20 2 or more earlier years, that credit arising in the earliest

21 year will be applied first against the tax liability for the

22 given year. If a tax liability for the given year still

23 remains, the credit from the next earliest year will then be

24 applied, and so on, until all credits have been used or no tax

25 liability for the given year remains. Any remaining unused

26 credit or credits then will be carried forward to the next
    SB3019 Enrolled  - 1581 - LRB104 20255 HLH 33706 b

1 following year in which a tax liability is incurred, except

2 that no credit can be carried forward to a year which is more

3 than 5 years after the year in which the expense for which the

4 credit is given was incurred.

5   No inference shall be drawn from Public Act 91-644 in

6 construing this Section for taxable years beginning before

7 January 1, 1999.

8   It is the intent of the General Assembly that the research

9 and development credit under this subsection (k) shall apply

10 continuously for all tax years ending on or after December 31,

11 2004 and ending prior to January 1, 2037 January 1, 2032,

12 including, but not limited to, the period beginning on January

13 1, 2016 and ending on July 6, 2017 (the effective date of

14 Public Act 100-22). All actions taken in reliance on the

15 continuation of the credit under this subsection (k) by any

16 taxpayer are hereby validated.

17  (l) Environmental Remediation Tax Credit.

18  (i) For tax years ending after December 31, 1997 and

19  on or before December 31, 2001, a taxpayer shall be

20  allowed a credit against the tax imposed by subsections

21  (a) and (b) of this Section for certain amounts paid for

22  unreimbursed eligible remediation costs, as specified in

23  this subsection. For purposes of this Section,

24  "unreimbursed eligible remediation costs" means costs

25  approved by the Illinois Environmental Protection Agency

26  ("Agency") under Section 58.14 of the Environmental
    SB3019 Enrolled  - 1582 - LRB104 20255 HLH 33706 b

1   Protection Act that were paid in performing environmental

2   remediation at a site for which a No Further Remediation

3   Letter was issued by the Agency and recorded under Section

4   58.10 of the Environmental Protection Act. The credit must

5   be claimed for the taxable year in which Agency approval

6   of the eligible remediation costs is granted. The credit

7   is not available to any taxpayer if the taxpayer or any

8   related party caused or contributed to, in any material

9   respect, a release of regulated substances on, in, or

10  under the site that was identified and addressed by the

11  remedial action pursuant to the Site Remediation Program

12  of the Environmental Protection Act. After the Pollution

13  Control Board rules are adopted pursuant to the Illinois

14  Administrative Procedure Act for the administration and

15  enforcement of Section 58.9 of the Environmental

16  Protection Act, determinations as to credit availability

17  for purposes of this Section shall be made consistent with

18  those rules. For purposes of this Section, "taxpayer"

19  includes a person whose tax attributes the taxpayer has

20  succeeded to under Section 381 of the Internal Revenue

21  Code and "related party" includes the persons disallowed a

22  deduction for losses by paragraphs (b), (c), and (f)(1) of

23  Section 267 of the Internal Revenue Code by virtue of

24  being a related taxpayer, as well as any of its partners.

25  The credit allowed against the tax imposed by subsections

26  (a) and (b) shall be equal to 25% of the unreimbursed
    SB3019 Enrolled  - 1583 - LRB104 20255 HLH 33706 b

1   eligible remediation costs in excess of $100,000 per site,

2   except that the $100,000 threshold shall not apply to any

3   site contained in an enterprise zone as determined by the

4   Department of Commerce and Community Affairs (now

5   Department of Commerce and Economic Opportunity). The

6   total credit allowed shall not exceed $40,000 per year

7   with a maximum total of $150,000 per site. For partners

8   and shareholders of subchapter S corporations, there shall

9   be allowed a credit under this subsection to be determined

10  in accordance with the determination of income and

11  distributive share of income under Sections 702 and 704

12  and subchapter S of the Internal Revenue Code.

13  (ii) A credit allowed under this subsection that is

14  unused in the year the credit is earned may be carried

15  forward to each of the 5 taxable years following the year

16  for which the credit is first earned until it is used. The

17  term "unused credit" does not include any amounts of

18  unreimbursed eligible remediation costs in excess of the

19  maximum credit per site authorized under paragraph (i).

20  This credit shall be applied first to the earliest year

21  for which there is a liability. If there is a credit under

22  this subsection from more than one tax year that is

23  available to offset a liability, the earliest credit

24  arising under this subsection shall be applied first. A

25  credit allowed under this subsection may be sold to a

26  buyer as part of a sale of all or part of the remediation
    SB3019 Enrolled     - 1584 - LRB104 20255 HLH 33706 b

1   site for which the credit was granted. The purchaser of a

2   remediation site and the tax credit shall succeed to the

3   unused credit and remaining carry-forward period of the

4   seller. To perfect the transfer, the assignor shall record

5   the transfer in the chain of title for the site and provide

6   written notice to the Director of the Illinois Department

7   of Revenue of the assignor's intent to sell the

8   remediation site and the amount of the tax credit to be

9   transferred as a portion of the sale. In no event may a

10  credit be transferred to any taxpayer if the taxpayer or a

11  related party would not be eligible under the provisions

12  of subsection (i).

13  (iii) For purposes of this Section, the term "site"

14  shall have the same meaning as under Section 58.2 of the

15  Environmental Protection Act.

16  (m) Education expense credit. Beginning with tax years

17 ending after December 31, 1999, a taxpayer who is the

18 custodian of one or more qualifying pupils shall be allowed a

19 credit against the tax imposed by subsections (a) and (b) of

20 this Section for qualified education expenses incurred on

21 behalf of the qualifying pupils. The credit shall be equal to

22 25% of qualified education expenses, but in no event may the

23 total credit under this subsection claimed by a family that is

24 the custodian of qualifying pupils exceed (i) $500 for tax

25 years ending prior to December 31, 2017, and (ii) $750 for tax

26 years ending on or after December 31, 2017. In no event shall a
    SB3019 Enrolled             - 1585 - LRB104 20255 HLH 33706 b

1 credit under this subsection reduce the taxpayer's liability

2 under this Act to less than zero. Notwithstanding any other

3 provision of law, for taxable years beginning on or after

4 January 1, 2017, no taxpayer may claim a credit under this

5 subsection (m) if the taxpayer's adjusted gross income for the

6 taxable year exceeds (i) $500,000, in the case of spouses

7 filing a joint federal tax return or (ii) $250,000, in the case

8 of all other taxpayers. This subsection is exempt from the

9 provisions of Section 250 of this Act.

10  For purposes of this subsection:

11  "Qualifying pupils" means individuals who (i) are

12 residents of the State of Illinois, (ii) are under the age of

13 21 at the close of the school year for which a credit is

14 sought, and (iii) during the school year for which a credit is

15 sought were full-time pupils enrolled in a kindergarten

16 through twelfth grade education program at any school, as

17 defined in this subsection.

18  "Qualified education expense" means the amount incurred on

19 behalf of a qualifying pupil in excess of $250 for tuition,

20 book fees, and lab fees at the school in which the pupil is

21 enrolled during the regular school year.

22  "School" means any public or nonpublic elementary or

23 secondary school in Illinois that is in compliance with Title

24 VI of the Civil Rights Act of 1964 and attendance at which

25 satisfies the requirements of Section 26-1 of the School Code,

26 except that nothing shall be construed to require a child to
    SB3019 Enrolled  - 1586 - LRB104 20255 HLH 33706 b

1 attend any particular public or nonpublic school to qualify

2 for the credit under this Section.

3   "Custodian" means, with respect to qualifying pupils, an

4 Illinois resident who is a parent, the parents, a legal

5 guardian, or the legal guardians of the qualifying pupils.

6   (n) River Edge Redevelopment Zone site remediation tax

7 credit.

8          (i) For tax years ending on or after December 31,

9   2006, a taxpayer shall be allowed a credit against the tax

10  imposed by subsections (a) and (b) of this Section for

11  certain amounts paid for unreimbursed eligible remediation

12  costs, as specified in this subsection. For purposes of

13  this Section, "unreimbursed eligible remediation costs"

14  means costs approved by the Illinois Environmental

15  Protection Agency ("Agency") under Section 58.14a of the

16  Environmental Protection Act that were paid in performing

17  environmental remediation at a site within a River Edge

18  Redevelopment Zone for which a No Further Remediation

19  Letter was issued by the Agency and recorded under Section

20  58.10 of the Environmental Protection Act. The credit must

21  be claimed for the taxable year in which Agency approval

22  of the eligible remediation costs is granted. The credit

23  is not available to any taxpayer if the taxpayer or any

24  related party caused or contributed to, in any material

25  respect, a release of regulated substances on, in, or

26  under the site that was identified and addressed by the
    SB3019 Enrolled  - 1587 - LRB104 20255 HLH 33706 b

1   remedial action pursuant to the Site Remediation Program

2   of the Environmental Protection Act. Determinations as to

3   credit availability for purposes of this Section shall be

4   made consistent with rules adopted by the Pollution

5   Control Board pursuant to the Illinois Administrative

6   Procedure Act for the administration and enforcement of

7   Section 58.9 of the Environmental Protection Act. For

8   purposes of this Section, "taxpayer" includes a person

9   whose tax attributes the taxpayer has succeeded to under

10  Section 381 of the Internal Revenue Code and "related

11  party" includes the persons disallowed a deduction for

12  losses by paragraphs (b), (c), and (f)(1) of Section 267

13  of the Internal Revenue Code by virtue of being a related

14  taxpayer, as well as any of its partners. The credit

15  allowed against the tax imposed by subsections (a) and (b)

16  shall be equal to 25% of the unreimbursed eligible

17  remediation costs in excess of $100,000 per site.

18  (ii) A credit allowed under this subsection that is

19  unused in the year the credit is earned may be carried

20  forward to each of the 5 taxable years following the year

21  for which the credit is first earned until it is used. This

22  credit shall be applied first to the earliest year for

23  which there is a liability. If there is a credit under this

24  subsection from more than one tax year that is available

25  to offset a liability, the earliest credit arising under

26  this subsection shall be applied first. A credit allowed
    SB3019 Enrolled  - 1588 - LRB104 20255 HLH 33706 b

1   under this subsection may be sold to a buyer as part of a

2   sale of all or part of the remediation site for which the

3   credit was granted. The purchaser of a remediation site

4   and the tax credit shall succeed to the unused credit and

5   remaining carry-forward period of the seller. To perfect

6   the transfer, the assignor shall record the transfer in

7   the chain of title for the site and provide written notice

8   to the Director of the Illinois Department of Revenue of

9   the assignor's intent to sell the remediation site and the

10  amount of the tax credit to be transferred as a portion of

11  the sale. In no event may a credit be transferred to any

12  taxpayer if the taxpayer or a related party would not be

13  eligible under the provisions of subsection (i).

14  (iii) For purposes of this Section, the term "site"

15  shall have the same meaning as under Section 58.2 of the

16  Environmental Protection Act.

17  (o) For each of the taxable years during the Compassionate

18 Use of Medical Cannabis Program, a surcharge is imposed on all

19 taxpayers on income arising from the sale or exchange of

20 capital assets, depreciable business property, real property

21 used in the trade or business, and Section 197 intangibles of

22 an organization registrant under the Compassionate Use of

23 Medical Cannabis Program Act. The amount of the surcharge is

24 equal to the amount of federal income tax liability for the

25 taxable year attributable to those sales and exchanges. The

26 surcharge imposed does not apply if:
    SB3019 Enrolled  - 1589 - LRB104 20255 HLH 33706 b

1   (1) the medical cannabis cultivation center

2   registration, medical cannabis dispensary registration, or

3   the property of a registration is transferred as a result

4   of any of the following:

5   (A) bankruptcy, a receivership, or a debt

6   adjustment initiated by or against the initial

7   registration or the substantial owners of the initial

8   registration;

9   (B) cancellation, revocation, or termination of

10  any registration by the Illinois Department of Public

11  Health;

12  (C) a determination by the Illinois Department of

13  Public Health that transfer of the registration is in

14  the best interests of Illinois qualifying patients as

15  defined by the Compassionate Use of Medical Cannabis

16  Program Act;

17  (D) the death of an owner of the equity interest in

18  a registrant;

19  (E) the acquisition of a controlling interest in

20  the stock or substantially all of the assets of a

21  publicly traded company;

22  (F) a transfer by a parent company to a wholly

23  owned subsidiary; or

24  (G) the transfer or sale to or by one person to

25  another person where both persons were initial owners

26  of the registration when the registration was issued;
    SB3019 Enrolled  - 1590 - LRB104 20255 HLH 33706 b

1   or

2   (2) the cannabis cultivation center registration,

3   medical cannabis dispensary registration, or the

4   controlling interest in a registrant's property is

5   transferred in a transaction to lineal descendants in

6   which no gain or loss is recognized or as a result of a

7   transaction in accordance with Section 351 of the Internal

8   Revenue Code in which no gain or loss is recognized.

9   (p) Pass-through entity tax.

10  (1) For taxable years ending on or after December 31,

11  2021, a partnership (other than a publicly traded

12  partnership under Section 7704 of the Internal Revenue

13  Code) or Subchapter S corporation may elect to apply the

14  provisions of this subsection. A separate election shall

15  be made for each taxable year. Such election shall be made

16  at such time, and in such form and manner as prescribed by

17  the Department, and, once made, is irrevocable.

18  (2) Entity-level tax. A partnership or Subchapter S

19  corporation electing to apply the provisions of this

20  subsection shall be subject to a tax for the privilege of

21  earning or receiving income in this State in an amount

22  equal to 4.95% of the taxpayer's net income for the

23  taxable year.

24  (3) Net income defined.

25      (A) In general. For purposes of paragraph (2), the

26  term net income has the same meaning as defined in
    SB3019 Enrolled  - 1591 - LRB104 20255 HLH 33706 b

1   Section 202 of this Act, except that, for tax years

2   ending on or after December 31, 2023, a deduction

3   shall be allowed in computing base income for

4   distributions to a retired partner to the extent that

5   the partner's distributions are exempt from tax under

6   Section 203(a)(2)(F) of this Act. In addition, the

7   following modifications shall not apply:

8                    (i) the standard exemption allowed under

9   Section 204;

10                   (ii) the deduction for net losses allowed

11  under Section 207;

12                   (iii) in the case of an S corporation, the

13  modification under Section 203(b)(2)(S); and

14                   (iv) in the case of a partnership, the

15  modifications under Section 203(d)(2)(H) and

16  Section 203(d)(2)(I).

17  (B) Special rule for tiered partnerships. If a

18  taxpayer making the election under paragraph (1) is a

19  partner of another taxpayer making the election under

20  paragraph (1), net income shall be computed as

21  provided in subparagraph (A), except that the taxpayer

22  shall subtract its distributive share of the net

23  income of the electing partnership (including its

24  distributive share of the net income of the electing

25  partnership derived as a distributive share from

26  electing partnerships in which it is a partner).
    SB3019 Enrolled  - 1592 - LRB104 20255 HLH 33706 b

1   (4) Credit for entity level tax. Each partner or

2   shareholder of a taxpayer making the election under this

3   Section shall be allowed a credit against the tax imposed

4   under subsections (a) and (b) of Section 201 of this Act

5   for the taxable year of the partnership or Subchapter S

6   corporation for which an election is in effect ending

7   within or with the taxable year of the partner or

8   shareholder in an amount equal to 4.95% times the partner

9   or shareholder's distributive share of the net income of

10  the electing partnership or Subchapter S corporation, but

11  not to exceed the partner's or shareholder's share of the

12  tax imposed under paragraph (1) which is actually paid by

13  the partnership or Subchapter S corporation. If the

14  taxpayer is a partnership or Subchapter S corporation that

15  is itself a partner of a partnership making the election

16  under paragraph (1), the credit under this paragraph shall

17  be allowed to the taxpayer's partners or shareholders (or

18  if the partner is a partnership or Subchapter S

19  corporation then its partners or shareholders) in

20  accordance with the determination of income and

21  distributive share of income under Sections 702 and 704

22  and Subchapter S of the Internal Revenue Code. If the

23  amount of the credit allowed under this paragraph exceeds

24  the partner's or shareholder's liability for tax imposed

25  under subsections (a) and (b) of Section 201 of this Act

26  for the taxable year, such excess shall be treated as an
    SB3019 Enrolled  - 1593 - LRB104 20255 HLH 33706 b

1   overpayment for purposes of Section 909 of this Act.

2   (5) Nonresidents. A nonresident individual who is a

3   partner or shareholder of a partnership or Subchapter S

4   corporation for a taxable year for which an election is in

5   effect under paragraph (1) shall not be required to file

6   an income tax return under this Act for such taxable year

7   if the only source of net income of the individual (or the

8   individual and the individual's spouse in the case of a

9   joint return) is from an entity making the election under

10  paragraph (1) and the credit allowed to the partner or

11  shareholder under paragraph (4) equals or exceeds the

12  individual's liability for the tax imposed under

13  subsections (a) and (b) of Section 201 of this Act for the

14  taxable year.

15  (6) Liability for tax. Except as provided in this

16  paragraph, a partnership or Subchapter S making the

17  election under paragraph (1) is liable for the

18  entity-level tax imposed under paragraph (2). If the

19  electing partnership or corporation fails to pay the full

20  amount of tax deemed assessed under paragraph (2), the

21  partners or shareholders shall be liable to pay the tax

22  assessed (including penalties and interest). Each partner

23  or shareholder shall be liable for the unpaid assessment

24  based on the ratio of the partner's or shareholder's share

25  of the net income of the partnership over the total net

26  income of the partnership. If the partnership or
    SB3019 Enrolled  - 1594 - LRB104 20255 HLH 33706 b

1   Subchapter S corporation fails to pay the tax assessed

2   (including penalties and interest) and thereafter an

3   amount of such tax is paid by the partners or

4   shareholders, such amount shall not be collected from the

5   partnership or corporation.

6   (7) Foreign tax. For purposes of the credit allowed

7   under Section 601(b)(3) of this Act, tax paid by a

8   partnership or Subchapter S corporation to another state

9   which, as determined by the Department, is substantially

10  similar to the tax imposed under this subsection, shall be

11  considered tax paid by the partner or shareholder to the

12  extent that the partner's or shareholder's share of the

13  income of the partnership or Subchapter S corporation

14  allocated and apportioned to such other state bears to the

15  total income of the partnership or Subchapter S

16  corporation allocated or apportioned to such other state.

17  (8) Suspension of withholding. The provisions of

18  Section 709.5 of this Act shall not apply to a partnership

19  or Subchapter S corporation for the taxable year for which

20  an election under paragraph (1) is in effect.

21  (9) Requirement to pay estimated tax. For each taxable

22  year for which an election under paragraph (1) is in

23  effect, a partnership or Subchapter S corporation is

24  required to pay estimated tax for such taxable year under

25  Sections 803 and 804 of this Act if the amount payable as

26  estimated tax can reasonably be expected to exceed $500.
    SB3019 Enrolled  - 1595 - LRB104 20255 HLH 33706 b

1   (10) The provisions of this subsection shall apply

2   only with respect to taxable years for which the

3   limitation on individual deductions applies under Section

4   164(b)(6) of the Internal Revenue Code.

5 (Source: P.A. 103-9, eff. 6-7-23; 103-396, eff. 1-1-24;

6 103-595, eff. 6-26-24; 103-605, eff. 7-1-24; 104-453, eff.

7 12-12-25.)

8   (35 ILCS 5/220)

9   Sec. 220. Angel investment credit.

10  (a) As used in this Section:

11  "Applicant" means a corporation, partnership, limited

12 liability company, or a natural person that makes an

13 investment in a qualified new business venture. The term

14 "applicant" does not include (i) a corporation, partnership,

15 limited liability company, or a natural person who has a

16 direct or indirect ownership interest of at least 51% in the

17 profits, capital, or value of the qualified new business

18 venture receiving the investment or (ii) a related member.

19  "Claimant" means an applicant certified by the Department

20 who files a claim for a credit under this Section.

21  "Department" means the Department of Commerce and Economic

22 Opportunity.

23  "Investment" means money (or its equivalent) given to a

24 qualified new business venture, at a risk of loss, in

25 consideration for an equity interest of the qualified new
    SB3019 Enrolled  - 1596 - LRB104 20255 HLH 33706 b

1 business venture. The Department may adopt rules to permit

2 certain forms of contingent equity investments to be

3 considered eligible for a tax credit under this Section.

4   "Qualified new business venture" means a business that is

5 registered with the Department under this Section.

6   "Related member" means a person that, with respect to the

7 applicant, is any one of the following:

8   (1) An individual, if the individual and the members

9   of the individual's family (as defined in Section 318 of

10  the Internal Revenue Code) own directly, indirectly,

11  beneficially, or constructively, in the aggregate, at

12  least 50% of the value of the outstanding profits,

13  capital, stock, or other ownership interest in the

14  qualified new business venture that is the recipient of

15  the applicant's investment.

16  (2) A partnership, estate, or trust and any partner or

17  beneficiary, if the partnership, estate, or trust and its

18  partners or beneficiaries own directly, indirectly,

19  beneficially, or constructively, in the aggregate, at

20  least 50% of the profits, capital, stock, or other

21  ownership interest in the qualified new business venture

22  that is the recipient of the applicant's investment.

23  (3) A corporation, and any party related to the

24  corporation in a manner that would require an attribution

25  of stock from the corporation under the attribution rules

26  of Section 318 of the Internal Revenue Code, if the
    SB3019 Enrolled  - 1597 - LRB104 20255 HLH 33706 b

1   applicant and any other related member own, in the

2   aggregate, directly, indirectly, beneficially, or

3   constructively, at least 50% of the value of the

4   outstanding stock of the qualified new business venture

5   that is the recipient of the applicant's investment.

6   (4) A corporation and any party related to that

7   corporation in a manner that would require an attribution

8   of stock from the corporation to the party or from the

9   party to the corporation under the attribution rules of

10  Section 318 of the Internal Revenue Code, if the

11  corporation and all such related parties own, in the

12  aggregate, at least 50% of the profits, capital, stock, or

13  other ownership interest in the qualified new business

14  venture that is the recipient of the applicant's

15  investment.

16  (5) A person to or from whom there is attribution of

17  ownership of stock in the qualified new business venture

18  that is the recipient of the applicant's investment in

19  accordance with Section 1563(e) of the Internal Revenue

20  Code, except that for purposes of determining whether a

21  person is a related member under this paragraph, "20%"

22  shall be substituted for "5%" whenever "5%" appears in

23  Section 1563(e) of the Internal Revenue Code.

24  (b) For taxable years beginning after December 31, 2010,

25 and ending on or before December 31, 2032 December 31, 2026,

26 subject to the limitations provided in this Section, a
SB3019 Enrolled  - 1598 - LRB104 20255 HLH 33706 b

 1 claimant may claim, as a credit against the tax imposed under
 2 subsections (a) and (b) of Section 201 of this Act, an amount
 3 equal to 25% of the claimant's investment made directly in a
 4 qualified new business venture. However, the amount of the
 5 credit is 35% of the claimant's investment made directly in
 6 the qualified new business venture if the investment is made
 7 in: (1) a qualified new business venture that is a
 8 minority-owned business, a women-owned business, or a business
 9 owned by a person with a disability (as those terms are used
10 and defined in the Business Enterprise for Minorities, Women,
11 and Persons with Disabilities Act); or (2) a qualified new
12 business venture in which the principal place of business is
13 located in a county with a population of not more than 250,000.
14 In order for an investment in a qualified new business venture
15 to be eligible for tax credits, the business must have applied
16 for and received certification under subsection (e) for the
17 taxable year in which the investment was made prior to the date
18 on which the investment was made. The credit under this
19 Section may not exceed the taxpayer's Illinois income tax
20 liability for the taxable year. If the amount of the credit
21 exceeds the tax liability for the year, the excess may be
22 carried forward and applied to the tax liability of the 5
23 taxable years following the excess credit year. The credit
24 shall be applied to the earliest year for which there is a tax
25 liability. If there are credits from more than one tax year
26 that are available to offset a liability, the earlier credit
    SB3019 Enrolled  - 1599 - LRB104 20255 HLH 33706 b

1 shall be applied first. In the case of a partnership or

2 Subchapter S Corporation, the credit is allowed to the

3 partners or shareholders in accordance with the determination

4 of income and distributive share of income under Sections 702

5 and 704 and Subchapter S of the Internal Revenue Code.

6   (c) The minimum amount an applicant must invest in any

7 single qualified new business venture in order to be eligible

8 for a credit under this Section is $10,000. The maximum amount

9 of an applicant's total investment made in any single

10 qualified new business venture that may be used as the basis

11 for a credit under this Section is $2,000,000.

12  (d) The Department shall implement a program to certify an

13 applicant for an angel investment credit. Upon satisfactory

14 review, the Department shall issue a tax credit certificate

15 stating the amount of the tax credit to which the applicant is

16 entitled. The Department shall annually certify that: (i) each

17 qualified new business venture that receives an angel

18 investment under this Section has maintained a minimum

19 employment threshold, as defined by rule, in the State (and

20 continues to maintain a minimum employment threshold in the

21 State for a period of no less than 3 years from the issue date

22 of the last tax credit certificate issued by the Department

23 with respect to such business pursuant to this Section); and

24 (ii) the claimant's investment has been made and remains,

25 except in the event of a qualifying liquidity event, in the

26 qualified new business venture for no less than 3 years.
    SB3019 Enrolled           - 1600 - LRB104 20255 HLH 33706 b

1   If an investment for which a claimant is allowed a credit

2 under subsection (b) is held by the claimant for less than 3

3 years, other than as a result of a permitted sale of the

4 investment to person who is not a related member, the claimant

5 shall pay to the Department of Revenue, in the manner

6 prescribed by the Department of Revenue, the aggregate amount

7 of the disqualified credits that the claimant received related

8 to the subject investment.

9   If the Department determines that a qualified new business

10 venture failed to maintain a minimum employment threshold in

11 the State through the date which is 3 years from the issue date

12 of the last tax credit certificate issued by the Department

13 with respect to the subject business pursuant to this Section,

14 except for any 3-year reporting period that includes March 13,

15 2020 to January 1, 2024, the claimant or claimants shall pay to

16 the Department of Revenue, in the manner prescribed by the

17 Department of Revenue, the aggregate amount of the

18 disqualified credits that claimant or claimants received

19 related to investments in that business. For tax credits under

20 this Section involving a 3-year reporting period that includes

21 March 13, 2020 to January 1, 2024, the repayment of any tax

22 credits issued shall be determined at the discretion of the

23 Department.

24  (e) The Department shall implement a program to register

25 qualified new business ventures for purposes of this Section.

26 A business desiring registration under this Section shall be
    SB3019 Enrolled  - 1601 - LRB104 20255 HLH 33706 b

1 required to submit a full and complete application to the

2 Department. A submitted application shall be effective only

3 for the taxable year in which it is submitted, and a business

4 desiring registration under this Section shall be required to

5 submit a separate application in and for each taxable year for

6 which the business desires registration. Further, if at any

7 time prior to the acceptance of an application for

8 registration under this Section by the Department one or more

9 events occurs which makes the information provided in that

10 application materially false or incomplete (in whole or in

11 part), the business shall promptly notify the Department of

12 the same. Any failure of a business to promptly provide the

13 foregoing information to the Department may, at the discretion

14 of the Department, result in a revocation of a previously

15 approved application for that business, or disqualification of

16 the business from future registration under this Section, or

17 both. The Department may register the business only if all of

18 the following conditions are satisfied:

19  (1) it has its principal place of business in this

20  State;

21  (2) at least 51% of the employees employed by the

22  business are employed in this State;

23  (3) the business has the potential for increasing jobs

24  in this State, increasing capital investment in this

25  State, or both, as determined by the Department, and

26  either of the following apply:
    SB3019 Enrolled  - 1602 - LRB104 20255 HLH 33706 b

1   (A) it is principally engaged in innovation in any

2   of the following: manufacturing; biotechnology;

3   nanotechnology;  communications;             agricultural

4   sciences; clean energy creation or storage technology;

5   processing or assembling products, including medical

6   devices, pharmaceuticals, computer software, computer

7   hardware, semiconductors, other innovative technology

8   products, or other products that are produced using

9   manufacturing methods that are enabled by applying

10  proprietary technology; or providing services that are

11  enabled by applying proprietary technology; or

12  (B) it is undertaking pre-commercialization

13  activity related to proprietary technology that

14  includes conducting research, developing a new product

15  or business process, or developing a service that is

16  principally reliant on applying proprietary

17  technology;

18  (4) it is not principally engaged in real estate

19  development, insurance, banking, lending, lobbying,

20  political consulting, professional services provided by

21  attorneys, accountants, business consultants, physicians,

22  or health care consultants, wholesale or retail trade,

23  leisure, hospitality, transportation, or construction,

24  except construction of power production plants that derive

25  energy from a renewable energy resource, as defined in

26  Section 1 of the Illinois Power Agency Act;
    SB3019 Enrolled     - 1603 - LRB104 20255 HLH 33706 b

1   (5) at the time it is first certified:

2   (A) it has fewer than 100 employees;

3   (B) it has been in operation in Illinois for not

4   more than 10 consecutive years prior to the year of

5   certification; and

6   (C) it has received not more than $10,000,000 in

7   aggregate investments;

8   (5.1) it agrees to maintain a minimum employment

9   threshold in the State of Illinois prior to the date which

10  is 3 years from the issue date of the last tax credit

11  certificate issued by the Department with respect to that

12  business pursuant to this Section;

13  (6) (blank); and

14  (7) it has received not more than $4,000,000 in

15  investments that qualified for tax credits under this

16  Section.

17  (f) The Department, in consultation with the Department of

18 Revenue, shall adopt rules to administer this Section. For

19 taxable years beginning before January 1, 2024, the aggregate

20 amount of the tax credits that may be claimed under this

21 Section for investments made in qualified new business

22 ventures shall be limited to $10,000,000 per calendar year, of

23 which $500,000 shall be reserved for investments made in

24 qualified new business ventures which are minority-owned

25 businesses, women-owned businesses, or businesses owned by a

26 person with a disability (as those terms are used and defined
SB3019 Enrolled  - 1604 - LRB104 20255 HLH 33706 b

 1 in the Business Enterprise for Minorities, Women, and Persons
 2 with Disabilities Act), and an additional $500,000 shall be
 3 reserved for investments made in qualified new business
 4 ventures with their principal place of business in counties
 5 with a population of not more than 250,000. For taxable years
 6 beginning on or after January 1, 2024, the aggregate amount of
 7 the tax credits that may be claimed under this Section for
 8 investments made in qualified new business ventures shall be
 9 limited to $15,000,000 per calendar year, of which $2,500,000
10 shall be reserved for investments made in qualified new
11 business ventures that are minority-owned businesses (as the
12 term is defined in the Business Enterprise for Minorities,
13 Women, and Persons with Disabilities Act), $1,250,000 shall be
14 reserved for investments made in qualified new business
15 ventures that are women-owned businesses or businesses owned
16 by a person with a disability (as those terms are defined in
17 the Business Enterprise for Minorities, Women, and Persons
18 with Disabilities Act), and $1,250,000 shall be reserved for
19 investments made in qualified new business ventures with their
20 principal place of business in a county with a population of
21 not more than 250,000. The annual allowable amounts set forth
22 in this Section shall be allocated by the Department, on a per
23 calendar quarter basis and prior to the commencement of each
24 calendar year, in such proportion as determined by the
25 Department, provided that: (i) the amount initially allocated
26 by the Department for any one calendar quarter shall not
    SB3019 Enrolled       - 1605 - LRB104 20255 HLH 33706 b

1 exceed 35% of the total allowable amount; (ii) any portion of

2 the allocated allowable amount remaining unused as of the end

3 of any of the first 3 calendar quarters of a given calendar

4 year shall be rolled into, and added to, the total allocated

5 amount for the next available calendar quarter; and (iii) the

6 reservation of tax credits for investments in minority-owned

7 businesses, women-owned businesses, businesses owned by a

8 person with a disability, and in businesses in counties with a

9 population of not more than 250,000 is limited to the first 3

10 calendar quarters of a given calendar year, after which they

11 may be claimed by investors in any qualified new business

12 venture.

13  (g) A claimant may not sell or otherwise transfer a credit

14 awarded under this Section to another person.

15  (h) On or before March 1 of each year, the Department shall

16 report to the Governor and to the General Assembly on the tax

17 credit certificates awarded under this Section for the prior

18 calendar year.

19  (1) This report must include, for each tax credit

20  certificate awarded:

21           (A) the name of the claimant and the amount of

22  credit awarded or allocated to that claimant;

23           (B) the name and address (including the county) of

24  the qualified new business venture that received the

25  investment giving rise to the credit, the North

26  American Industry Classification System (NAICS) code
    SB3019 Enrolled  - 1606 - LRB104 20255 HLH 33706 b

1   applicable to that qualified new business venture, and

2   the number of employees of the qualified new business

3   venture; and

4   (C) the date of approval by the Department of each

5   claimant's tax credit certificate.

6   (2) The report must also include:

7   (A) the total number of applicants and the total

8   number of claimants, including the amount of each tax

9   credit certificate awarded to a claimant under this

10  Section in the prior calendar year;

11  (B) the total number of applications from

12  businesses seeking registration under this Section,

13  the total number of new qualified business ventures

14  registered by the Department, and the aggregate amount

15  of investment upon which tax credit certificates were

16  issued in the prior calendar year; and

17  (C) the total amount of tax credit certificates

18  sought by applicants, the amount of each tax credit

19  certificate issued to a claimant, the aggregate amount

20  of all tax credit certificates issued in the prior

21  calendar year and the aggregate amount of tax credit

22  certificates issued as authorized under this Section

23  for all calendar years.

24  (i) For each business seeking registration under this

25 Section after December 31, 2016, the Department shall require

26 the business to include in its application the North American
    SB3019 Enrolled        - 1607 - LRB104 20255 HLH 33706 b

1 Industry Classification System (NAICS) code applicable to the

2 business and the number of employees of the business at the

3 time of application. Each business registered by the

4 Department as a qualified new business venture that receives

5 an investment giving rise to the issuance of a tax credit

6 certificate pursuant to this Section shall, for each of the 3

7 years following the issue date of the last tax credit

8 certificate issued by the Department with respect to such

9 business pursuant to this Section, report to the Department

10 the following:

11  (1) the number of employees and the location at which

12  those employees are employed, both as of the end of each

13  year;

14  (2) the amount of additional new capital investment

15  raised as of the end of each year, if any; and

16  (3) the terms of any liquidity event occurring during

17  such year; for the purposes of this Section, a "liquidity

18  event" means any event that would be considered an exit

19  for an illiquid investment, including any event that

20  allows the equity holders of the business (or any material

21  portion thereof) to cash out some or all of their

22  respective equity interests.

23 (Source: P.A. 102-16, eff. 6-17-21; 103-9, eff. 1-1-24;

24 103-945, eff. 8-9-24.)

25  (35 ILCS 5/221)
    SB3019 Enrolled  - 1608 - LRB104 20255 HLH 33706 b

1   Sec. 221. Rehabilitation costs; qualified historic

2 properties; River Edge Redevelopment Zone.

3   (a) For taxable years that begin on or after January 1,

4 2012 and begin prior to January 1, 2018, there shall be allowed

5 a tax credit against the tax imposed by subsections (a) and (b)

6 of Section 201 of this Act in an amount equal to 25% of

7 qualified expenditures incurred by a qualified taxpayer during

8 the taxable year in the restoration and preservation of a

9 qualified historic structure located in a River Edge

10 Redevelopment Zone pursuant to a qualified rehabilitation

11 plan, provided that the total amount of such expenditures (i)

12 must equal $5,000 or more and (ii) must exceed 50% of the

13 purchase price of the property.

14  (a-1) For taxable years that begin on or after January 1,

15 2018 and end prior to January 1, 2034 January 1, 2029, there

16 shall be allowed a tax credit against the tax imposed by

17 subsections (a) and (b) of Section 201 of this Act in an

18 aggregate amount equal to 25% of qualified expenditures

19 incurred by a qualified taxpayer in the restoration and

20 preservation of a qualified historic structure located in a

21 River Edge Redevelopment Zone pursuant to a qualified

22 rehabilitation plan, provided that the total amount of such

23 expenditures must (i) equal $5,000 or more and (ii) exceed the

24 adjusted basis of the qualified historic structure on the

25 first day the qualified rehabilitation plan begins. For any

26 rehabilitation project, regardless of duration or number of
    SB3019 Enrolled  - 1609 - LRB104 20255 HLH 33706 b

1 phases, the project's compliance with the foregoing provisions

2 (i) and (ii) shall be determined based on the aggregate amount

3 of qualified expenditures for the entire project and may

4 include expenditures incurred under subsection (a), this

5 subsection, or both subsection (a) and this subsection. If the

6 qualified rehabilitation plan spans multiple years, the

7 aggregate credit for the entire project shall be allowed in

8 the last taxable year, except for phased rehabilitation

9 projects, which may receive credits upon completion of each

10 phase. Before obtaining the first phased credit: (A) the total

11 amount of such expenditures must meet the requirements of

12 provisions (i) and (ii) of this subsection; (B) the

13 rehabilitated portion of the qualified historic structure must

14 be placed in service; and (C) the requirements of subsection

15 (b) must be met.

16  (a-2) For taxable years beginning on or after January 1,

17 2021 and ending prior to January 1, 2029, there shall be

18 allowed a tax credit against the tax imposed by subsections

19 (a) and (b) of Section 201 as provided in Section 10-10.3 of

20 the River Edge Redevelopment Zone Act. The credit allowed

21 under this subsection (a-2) shall apply only to taxpayers that

22 make a capital investment of at least $1,000,000 in a

23 qualified rehabilitation plan.

24  The credit or credits may not reduce the taxpayer's

25 liability to less than zero. If the amount of the credit or

26 credits exceeds the taxpayer's liability, the excess may be
    SB3019 Enrolled    - 1610 - LRB104 20255 HLH 33706 b

1 carried forward and applied against the taxpayer's liability

2 in succeeding calendar years in the manner provided under

3 paragraph (4) of Section 211 of this Act. The credit or credits

4 shall be applied to the earliest year for which there is a tax

5 liability. If there are credits from more than one taxable

6 year that are available to offset a liability, the earlier

7 credit shall be applied first.

8   For partners, shareholders of Subchapter S corporations,

9 and owners of limited liability companies, if the liability

10 company is treated as a partnership for the purposes of

11 federal and State income taxation, there shall be allowed a

12 credit under this Section to be determined in accordance with

13 the determination of income and distributive share of income

14 under Sections 702 and 704 and Subchapter S of the Internal

15 Revenue Code.

16  The total aggregate amount of credits awarded under the

17 Blue Collar Jobs Act (Article 20 of this amendatory Act of the

18 101st General Assembly) shall not exceed $20,000,000 in any

19 State fiscal year.

20  (b) To obtain a tax credit pursuant to this Section, the

21 taxpayer must apply with the Department of Natural Resources.

22 The Department of Natural Resources shall determine the amount

23 of eligible rehabilitation costs and expenses in addition to

24 the amount of the River Edge construction jobs credit within

25 45 days of receipt of a complete application. The taxpayer

26 must submit a certification of costs prepared by an
    SB3019 Enrolled  - 1611 - LRB104 20255 HLH 33706 b

1 independent certified public accountant that certifies (i) the

2 project expenses, (ii) whether those expenses are qualified

3 expenditures, and (iii) that the qualified expenditures exceed

4 the adjusted basis of the qualified historic structure on the

5 first day the qualified rehabilitation plan commenced. The

6 Department of Natural Resources is authorized, but not

7 required, to accept this certification of costs to determine

8 the amount of qualified expenditures and the amount of the

9 credit. The Department of Natural Resources shall provide

10 guidance as to the minimum standards to be followed in the

11 preparation of such certification. The Department of Natural

12 Resources and the National Park Service shall determine

13 whether the rehabilitation is consistent with the United

14 States Secretary of the Interior's Standards for

15 Rehabilitation.

16  (b-1) Upon completion of the project and approval of the

17 complete application, the Department of Natural Resources

18 shall issue a single certificate in the amount of the eligible

19 credits equal to 25% of qualified expenditures incurred during

20 the eligible taxable years, as defined in subsections (a) and

21 (a-1), excepting any credits awarded under subsection (a)

22 prior to January 1, 2019 (the effective date of Public Act

23 100-629) and any phased credits issued prior to the eligible

24 taxable year under subsection (a-1). At the time the

25 certificate is issued, an issuance fee up to the maximum

26 amount of 2% of the amount of the credits issued by the
    SB3019 Enrolled  - 1612 - LRB104 20255 HLH 33706 b

1 certificate may be collected from the applicant to administer

2 the provisions of this Section. If collected, this issuance

3 fee shall be deposited into the Historic Property

4 Administrative Fund, a special fund created in the State

5 treasury. Subject to appropriation, moneys in the Historic

6 Property Administrative Fund shall be provided to the

7 Department of Natural Resources as reimbursement for the costs

8 associated with administering this Section.

9   (c) The taxpayer must attach the certificate to the tax

10 return on which the credits are to be claimed. The tax credit

11 under this Section may not reduce the taxpayer's liability to

12 less than zero. If the amount of the credit exceeds the tax

13 liability for the year, the excess credit may be carried

14 forward and applied to the tax liability of the 5 taxable years

15 following the excess credit year.

16  (c-1) Subject to appropriation, moneys in the Historic

17 Property Administrative Fund shall be used, on a biennial

18 basis beginning at the end of the second fiscal year after

19 January 1, 2019 (the effective date of Public Act 100-629), to

20 hire a qualified third party to prepare a biennial report to

21 assess the overall economic impact to the State from the

22 qualified rehabilitation projects under this Section completed

23 in that year and in previous years. The overall economic

24 impact shall include at least: (1) the direct and indirect or

25 induced economic impacts of completed projects; (2) temporary,

26 permanent, and construction jobs created; (3) sales, income,
    SB3019 Enrolled             - 1613 - LRB104 20255 HLH 33706 b

1 and property tax generation before, during construction, and

2 after completion; and (4) indirect neighborhood impact after

3 completion. The report shall be submitted to the Governor and

4 the General Assembly. The report to the General Assembly shall

5 be filed with the Clerk of the House of Representatives and the

6 Secretary of the Senate in electronic form only, in the manner

7 that the Clerk and the Secretary shall direct.

8   (c-2) The Department of Natural Resources may adopt rules

9 to implement this Section in addition to the rules expressly

10 authorized in this Section.

11  (d) As used in this Section, the following terms have the

12 following meanings.

13  "Phased rehabilitation" means a project that is completed

14 in phases, as defined under Section 47 of the federal Internal

15 Revenue Code and pursuant to National Park Service regulations

16 at 36 C.F.R. 67.

17  "Placed in service" means the date when the property is

18 placed in a condition or state of readiness and availability

19 for a specifically assigned function as defined under Section

20 47 of the federal Internal Revenue Code and federal Treasury

21 Regulation Sections 1.46 and 1.48.

22  "Qualified expenditure" means all the costs and expenses

23 defined as qualified rehabilitation expenditures under Section

24 47 of the federal Internal Revenue Code that were incurred in

25 connection with a qualified historic structure.

26  "Qualified historic structure" means a certified historic
   SB3019 Enrolled        - 1614 - LRB104 20255 HLH 33706 b

1 structure as defined under Section 47(c)(3) of the federal

2 Internal Revenue Code.

3  "Qualified rehabilitation plan" means a project that is

4 approved by the Department of Natural Resources and the

5 National Park Service as being consistent with the United

6 States Secretary of the Interior's Standards for

7 Rehabilitation.

8  "Qualified taxpayer" means the owner of the qualified

9 historic structure or any other person who qualifies for the

10 federal rehabilitation credit allowed by Section 47 of the

11 federal Internal Revenue Code with respect to that qualified

12 historic structure. Partners, shareholders of subchapter S

13 corporations, and owners of limited liability companies (if

14 the limited liability company is treated as a partnership for

15 purposes of federal and State income taxation) are entitled to

16 a credit under this Section to be determined in accordance

17 with the determination of income and distributive share of

18 income under Sections 702 and 703 and subchapter S of the

19 Internal Revenue Code, provided that credits granted to a

20 partnership, a limited liability company taxed as a

21 partnership, or other multiple owners of property shall be

22 passed through to the partners, members, or owners

23 respectively on a pro rata basis or pursuant to an executed

24 agreement among the partners, members, or owners documenting

25 any alternate distribution method.

26 (Source: P.A. 104-434, eff. 11-21-25.)
    SB3019 Enrolled         - 1615 - LRB104 20255 HLH 33706 b

1   (35 ILCS 5/231)

2   Sec. 231. Apprenticeship education expense credit.

3   (a) As used in this Section:

4   "Accredited training organization" means an organization

5 that:

6        (1) incurs costs related to training apprentice

7   employees;

8        (2) maintains an apprenticeship program approved by

9   the United States Department of Labor, Office of

10  Apprenticeships, that results in an industry-recognized

11  credential; and either

12       (3) is affiliated with a public or nonpublic secondary

13  school in Illinois and is:

14                   (A) an institution of higher education that

15       provides a program that leads to an

16       industry-recognized postsecondary credential or

17       degree;

18                   (B) an entity that carries out programs that

19       are registered under the federal National

20       Apprenticeship Act; or

21                   (C) a public or private provider of a program

22       of training services, including, but not limited to, a

23       joint labor-management organization; or

24       (4) is not affiliated with a public or nonpublic

25  secondary school in Illinois but receives preapproval from
    SB3019 Enrolled  - 1616 - LRB104 20255 HLH 33706 b

1   the Department to receive tax credits under this Section.

2   "Department" means the Department of Commerce and Economic

3 Opportunity.

4   "Employer" means an Illinois taxpayer who is the employer

5 of the qualifying apprentice.

6   "Qualifying apprentice" means an individual who: (i) is a

7 resident of the State of Illinois; (ii) is at least 16 years

8 old at the close of the school year for which a credit is

9 sought; (iii) during the school year for which a credit is

10 sought, was a full-time apprentice enrolled in an

11 apprenticeship program which is registered with the United

12 States Department of Labor, Office of Apprenticeship; and (iv)

13 is employed in Illinois by the taxpayer who is the employer.

14  "Qualified education expense" means the amount incurred on

15 behalf of a qualifying apprentice not to exceed $3,500 for

16 tuition, instructional materials, fees (including, but not

17 limited to, book, license, and lab fees), or other expenses

18 that are directly related to training the apprentices and that

19 are preapproved by the Department. All expenses must be paid

20 to or incurred for training at the school, community college,

21 or organization where the apprentice receives training.

22  (b) For taxable years beginning on or after January 1,

23 2020, and beginning on or before January 1, 2032 January 1,

24 2027, the employer of one or more qualifying apprentices shall

25 be allowed a credit against the tax imposed by subsections (a)

26 and (b) of Section 201 of the Illinois Income Tax Act. The
    SB3019 Enrolled  - 1617 - LRB104 20255 HLH 33706 b

1 credit shall be equal to $3,500 per qualifying apprentice. A

2 taxpayer shall be entitled to an additional $1,500 credit

3 against the tax imposed by subsections (a) and (b) of Section

4 201 of the Illinois Income Tax Act if (i) the qualifying

5 apprentice resides in an underserved area as defined in

6 Section 5-5 of the Economic Development for a Growing Economy

7 Tax Credit Act during the school year for which a credit is

8 sought by an employer or (ii) the employer's principal place

9 of business is located in an underserved area, as defined in

10 Section 5-5 of the Economic Development for a Growing Economy

11 Tax Credit Act. In no event shall a credit under this Section

12 reduce the taxpayer's liability under this Act to less than

13 zero. For taxable years ending before December 31, 2023, for

14 partners, shareholders of Subchapter S corporations, and

15 owners of limited liability companies, if the liability

16 company is treated as a partnership for purposes of federal

17 and State income taxation, there shall be allowed a credit

18 under this Section to be determined in accordance with the

19 determination of income and distributive share of income under

20 Sections 702 and 704 and Subchapter S of the Internal Revenue

21 Code. For taxable years ending on or after December 31, 2023,

22 partners and shareholders of subchapter S corporations are

23 entitled to a credit under this Section as provided in Section

24 251.

25  (c) The Department shall implement a program to certify

26 applicants for an apprenticeship credit under this Section.
    SB3019 Enrolled   - 1618 - LRB104 20255 HLH 33706 b

1 Upon satisfactory review, the Department shall issue a tax

2 credit certificate to an employer incurring costs on behalf of

3 a qualifying apprentice stating the amount of the tax credit

4 to which the employer is entitled. If the employer is seeking a

5 tax credit for multiple qualifying apprentices, the Department

6 may issue a single tax credit certificate that encompasses the

7 aggregate total of tax credits for qualifying apprentices for

8 a single employer.

9       (d) The Department, in addition to those powers granted

10 under the Civil Administrative Code of Illinois, is granted

11 and shall have all the powers necessary or convenient to carry

12 out and effectuate the purposes and provisions of this

13 Section, including, but not limited to, power and authority

14 to:

15      (1) Adopt rules deemed necessary and appropriate for

16      the administration of this Section; establish forms for

17      applications, notifications, contracts, or any other

18      agreements; and accept applications at any time during the

19      year and require that all applications be submitted via

20      the Internet. The Department shall require that

21      applications be submitted in electronic form.

22      (2) Provide guidance and assistance to applicants

23      pursuant to the provisions of this Section and cooperate

24      with applicants to promote, foster, and support job

25      creation within the State.

26      (3) Enter into agreements and memoranda of
    SB3019 Enrolled  - 1619 - LRB104 20255 HLH 33706 b

1   understanding for participation of and engage in

2   cooperation with agencies of the federal government, units

3   of local government, universities, research foundations or

4   institutions, regional economic development corporations,

5   or other organizations for the purposes of this Section.

6   (4) Gather information and conduct inquiries, in the

7   manner and by the methods it deems desirable, including,

8   without limitation, gathering information with respect to

9   applicants for the purpose of making any designations or

10  certifications necessary or desirable or to gather

11  information in furtherance of the purposes of this Act.

12  (5) Establish, negotiate, and effectuate any term,

13  agreement, or other document with any person necessary or

14  appropriate to accomplish the purposes of this Section,

15  and consent, subject to the provisions of any agreement

16  with another party, to the modification or restructuring

17  of any agreement to which the Department is a party.

18  (6) Provide for sufficient personnel to permit

19  administration, staffing, operation, and related support

20  required to adequately discharge its duties and

21  responsibilities described in this Section from funds made

22  available through charges to applicants or from funds as

23  may be appropriated by the General Assembly for the

24  administration of this Section.

25  (7) Require applicants, upon written request, to issue

26  any necessary authorization to the appropriate federal,
    SB3019 Enrolled  - 1620 - LRB104 20255 HLH 33706 b

1   State, or local authority or any other person for the

2   release to the Department of information requested by the

3   Department, including, but not be limited to, financial

4   reports, returns, or records relating to the applicant or

5   to the amount of credit allowable under this Section.

6   (8) Require that an applicant shall, at all times,

7   keep proper books of record and account in accordance with

8   generally accepted accounting principles consistently

9   applied, with the books, records, or papers related to the

10  agreement in the custody or control of the applicant open

11  for reasonable Department inspection and audits,

12  including, without limitation, the making of copies of the

13  books, records, or papers.

14  (9) Take whatever actions are necessary or appropriate

15  to protect the State's interest in the event of

16  bankruptcy, default, foreclosure, or noncompliance with

17  the terms and conditions of financial assistance or

18  participation required under this Section or any agreement

19  entered into under this Section, including the power to

20  sell, dispose of, lease, or rent, upon terms and

21  conditions determined by the Department to be appropriate,

22  real or personal property that the Department may recover

23  as a result of these actions.

24  (e) The Department, in consultation with the Department of

25 Revenue, shall adopt rules to administer this Section. The

26 aggregate amount of the tax credits that may be claimed under
    SB3019 Enrolled        - 1621 - LRB104 20255 HLH 33706 b

1 this Section for qualified education expenses incurred by an

2 employer on behalf of a qualifying apprentice shall be limited

3 to $5,000,000 per calendar year. If applications for a greater

4 amount are received, credits shall be allowed on a first-come

5 first-served basis, based on the date on which each properly

6 completed application for a certificate of eligibility is

7 received by the Department. If more than one certificate is

8 received on the same day, the credits will be awarded based on

9 the time of submission for that particular day.

10  (f) An employer may not sell or otherwise transfer a

11 credit awarded under this Section to another person or

12 taxpayer.

13  (g) The employer shall provide the Department such

14 information as the Department may require, including, but not

15 limited to: (i) the name, age, and identification number of

16 each qualifying apprentice employed by the taxpayer during the

17 taxable year; (ii) the amount of qualified education expenses

18 incurred with respect to each qualifying apprentice; and (iii)

19 the name of the accredited training organization at which the

20 qualifying apprentice is enrolled and the qualified education

21 expenses are incurred.

22  (h) On or before July 1 of each year, the Department shall

23 report to the Governor and the General Assembly on the tax

24 credit certificates awarded under this Section for the prior

25 calendar year. The report must include:

26  (1) the name of each employer awarded or allocated a
    SB3019 Enrolled      - 1622 - LRB104 20255 HLH 33706 b

1   credit;

2   (2) the number of qualifying apprentices for whom the

3   employer has incurred qualified education expenses;

4   (3) the North American Industry Classification System

5   (NAICS) code applicable to each employer awarded or

6   allocated a credit;

7   (4) the amount of the credit awarded or allocated to

8   each employer;

9   (5) the total number of employers awarded or allocated

10  a credit;

11  (6) the total number of qualifying apprentices for

12  whom employers receiving credits under this Section

13  incurred qualified education expenses; and

14  (7) the average cost to the employer of all

15  apprenticeships receiving credits under this Section.

16 (Source: P.A. 103-396, eff. 1-1-24; 103-1059, eff. 12-20-24;

17 104-6, eff. 6-16-25; 104-434, eff. 11-21-25.)

18  (35 ILCS 5/242)

19  Sec. 242. Music and Musicians Tax Credits and Jobs Act.

20 Taxpayers who have been awarded a credit under the Music and

21 Musicians Tax Credits and Jobs Act are entitled to a credit

22 against the taxes imposed by subsections (a) and (b) of

23 Section 201 of this Act in an amount determined by the

24 Department of Commerce and Economic Opportunity under that

25 Act. The credit shall be claimed for in the taxable year in
    SB3019 Enrolled         - 1623 - LRB104 20255 HLH 33706 b

1 which the tax credit award certificate is issued, and the

2 certificate shall be attached to the return. If the taxpayer

3 is a partnership or Subchapter S corporation, the credit shall

4 be allowed to the partners or shareholders in accordance with

5 the provisions of Section 251.

6   The credit may not reduce the taxpayer's liability to less

7 than zero. If the amount of the credit exceeds the tax

8 liability for the year, the excess may be carried forward and

9 applied to the tax liability of the 5 taxable years following

10 the excess credit year. The credit shall be applied to the

11 earliest year for which there is a tax liability. If there are

12 credits from more than one tax year that are available to

13 offset a liability, the earlier credit shall be applied first.

14 (Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24;

15 104-417, eff. 8-15-25.)

16                          ARTICLE 830

17  Section 830-5. The Reimagining Energy and Vehicles in

18 Illinois Act is amended by changing Section 85 as follows:

19  (20 ILCS 686/85)

20  Sec. 85. Sunset of new agreements. The Department shall

21 not enter into any new Agreements under the provisions of this

22 Act after December 31, 2028 2027.

23 (Source: P.A. 102-669, eff. 11-16-21.)
    SB3019 Enrolled  - 1624 - LRB104 20255 HLH 33706 b

1                    ARTICLE 995

2   Section 995-95. No acceleration or delay. Where this Act

3 makes changes in a statute that is represented in this Act by

4 text that is not yet or no longer in effect (for example, a

5 Section represented by multiple versions), the use of that

6 text does not accelerate or delay the taking effect of (i) the

7 changes made by this Act or (ii) provisions derived from any

8 other Public Act.

9                    ARTICLE 997

10  Section 997-97. Severability. The provisions of this Act

11 are severable under Section 1.31 of the Statute on Statutes.

12                   ARTICLE 999

13  Section 999-99. Effective date. This Act takes effect upon

14 becoming law, except that Articles 25 and 65 take effect on

15 July 1, 2026.
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