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91_SB1010ham002
LRB9106286JMmbam01
1 AMENDMENT TO SENATE BILL 1010
2 AMENDMENT NO. . Amend Senate Bill 1010 by replacing
3 the title with the following:
4 "AN ACT concerning the Metropolitan Pier and Exposition
5 Authority, amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The State Finance Act is amended by changing
9 Section 8.25f as follows:
10 (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f)
11 Sec. 8.25f. McCormick Place Expansion Project Fund.
12 (a) Deposits. The following amounts shall be deposited
13 into the McCormick Place Expansion Project Fund in the State
14 Treasury: (i) the moneys required to be deposited into the
15 Fund under Section 9 of the Use Tax Act, Section 9 of the
16 Service Occupation Tax Act, Section 9 of the Service Use Tax
17 Act, and Section 3 of the Retailers' Occupation Tax Act and
18 (ii) the moneys required to be deposited into the Fund under
19 Section 13 of the Metropolitan Pier and Exposition Authority
20 Act. Notwithstanding the foregoing, the maximum amount that
21 may be deposited into the McCormick Place Expansion Project
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1 Fund from item (i) shall not exceed the following amounts
2 with respect to the following fiscal years:
3 Fiscal Year Total Deposit
4 1993 $0
5 1994 53,000,000
6 1995 58,000,000
7 1996 61,000,000
8 1997 64,000,000
9 1998 68,000,000
10 1999 71,000,000
11 2000 75,000,000
12 2001 80,000,000
13 2002 84,000,000
14 2003 89,000,000
15 2004 93,000,000
16 2005 97,000,000
17 2006 102,000,000
18 2007 and 108,000,000 106,000,000
19 2008 115,000,000
20 2009 120,000,000
21 2010 126,000,000
22 2011 132,000,000
23 2012 138,000,000
24 2013 and 145,000,000
25 each fiscal year
26 thereafter that bonds are
27 outstanding under Section
28 13.2 of the Metropolitan Pier
29 and Exposition Authority Act,
30 but not after fiscal year 2029.
31 Provided that all amounts deposited in the Fund and
32 requested in the Authority's certificate have been paid to
33 the Authority, all amounts remaining in the McCormick Place
34 Expansion Project Fund on the last day of any month shall be
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1 transferred to the General Revenue Fund.
2 (b) Authority certificate. Beginning with fiscal year
3 1994 and continuing for each fiscal year thereafter, the
4 Chairman of the Metropolitan Pier and Exposition Authority
5 shall annually certify to the State Comptroller and the State
6 Treasurer the amount necessary and required, during the
7 fiscal year with respect to which the certification is made,
8 to pay the debt service requirements (including amounts to be
9 paid with respect to arrangements to provide additional
10 security or liquidity) on all outstanding bonds and notes,
11 including refunding bonds, (collectively referred to as
12 "bonds") in an amount issued by the Authority pursuant to
13 Section 13.2 of the Metropolitan Pier and Exposition
14 Authority Act. The certificate may be amended from time to
15 time as necessary.
16 (Source: P.A. 90-612, eff. 7-8-98.)
17 Section 10. The Use Tax Act is amended by changing
18 Section 9 as follows:
19 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
20 Sec. 9. Except as to motor vehicles, watercraft,
21 aircraft, and trailers that are required to be registered
22 with an agency of this State, each retailer required or
23 authorized to collect the tax imposed by this Act shall pay
24 to the Department the amount of such tax (except as otherwise
25 provided) at the time when he is required to file his return
26 for the period during which such tax was collected, less a
27 discount of 2.1% prior to January 1, 1990, and 1.75% on and
28 after January 1, 1990, or $5 per calendar year, whichever is
29 greater, which is allowed to reimburse the retailer for
30 expenses incurred in collecting the tax, keeping records,
31 preparing and filing returns, remitting the tax and supplying
32 data to the Department on request. In the case of retailers
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1 who report and pay the tax on a transaction by transaction
2 basis, as provided in this Section, such discount shall be
3 taken with each such tax remittance instead of when such
4 retailer files his periodic return. A retailer need not
5 remit that part of any tax collected by him to the extent
6 that he is required to remit and does remit the tax imposed
7 by the Retailers' Occupation Tax Act, with respect to the
8 sale of the same property.
9 Where such tangible personal property is sold under a
10 conditional sales contract, or under any other form of sale
11 wherein the payment of the principal sum, or a part thereof,
12 is extended beyond the close of the period for which the
13 return is filed, the retailer, in collecting the tax (except
14 as to motor vehicles, watercraft, aircraft, and trailers that
15 are required to be registered with an agency of this State),
16 may collect for each tax return period, only the tax
17 applicable to that part of the selling price actually
18 received during such tax return period.
19 Except as provided in this Section, on or before the
20 twentieth day of each calendar month, such retailer shall
21 file a return for the preceding calendar month. Such return
22 shall be filed on forms prescribed by the Department and
23 shall furnish such information as the Department may
24 reasonably require.
25 The Department may require returns to be filed on a
26 quarterly basis. If so required, a return for each calendar
27 quarter shall be filed on or before the twentieth day of the
28 calendar month following the end of such calendar quarter.
29 The taxpayer shall also file a return with the Department for
30 each of the first two months of each calendar quarter, on or
31 before the twentieth day of the following calendar month,
32 stating:
33 1. The name of the seller;
34 2. The address of the principal place of business
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1 from which he engages in the business of selling tangible
2 personal property at retail in this State;
3 3. The total amount of taxable receipts received by
4 him during the preceding calendar month from sales of
5 tangible personal property by him during such preceding
6 calendar month, including receipts from charge and time
7 sales, but less all deductions allowed by law;
8 4. The amount of credit provided in Section 2d of
9 this Act;
10 5. The amount of tax due;
11 5-5. The signature of the taxpayer; and
12 6. Such other reasonable information as the
13 Department may require.
14 If a taxpayer fails to sign a return within 30 days after
15 the proper notice and demand for signature by the Department,
16 the return shall be considered valid and any amount shown to
17 be due on the return shall be deemed assessed.
18 Beginning October 1, 1993, a taxpayer who has an average
19 monthly tax liability of $150,000 or more shall make all
20 payments required by rules of the Department by electronic
21 funds transfer. Beginning October 1, 1994, a taxpayer who has
22 an average monthly tax liability of $100,000 or more shall
23 make all payments required by rules of the Department by
24 electronic funds transfer. Beginning October 1, 1995, a
25 taxpayer who has an average monthly tax liability of $50,000
26 or more shall make all payments required by rules of the
27 Department by electronic funds transfer. The term "average
28 monthly tax liability" means the sum of the taxpayer's
29 liabilities under this Act, and under all other State and
30 local occupation and use tax laws administered by the
31 Department, for the immediately preceding calendar year
32 divided by 12.
33 Before August 1 of each year beginning in 1993, the
34 Department shall notify all taxpayers required to make
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1 payments by electronic funds transfer. All taxpayers required
2 to make payments by electronic funds transfer shall make
3 those payments for a minimum of one year beginning on October
4 1.
5 Any taxpayer not required to make payments by electronic
6 funds transfer may make payments by electronic funds transfer
7 with the permission of the Department.
8 All taxpayers required to make payment by electronic
9 funds transfer and any taxpayers authorized to voluntarily
10 make payments by electronic funds transfer shall make those
11 payments in the manner authorized by the Department.
12 The Department shall adopt such rules as are necessary to
13 effectuate a program of electronic funds transfer and the
14 requirements of this Section.
15 If the taxpayer's average monthly tax liability to the
16 Department under this Act, the Retailers' Occupation Tax Act,
17 the Service Occupation Tax Act, the Service Use Tax Act was
18 $10,000 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 payments to the Department on or before the 7th, 15th, 22nd
23 and last day of the month during which such liability is
24 incurred. If the month during which such tax liability is
25 incurred began prior to January 1, 1985, each payment shall
26 be in an amount equal to 1/4 of the taxpayer's actual
27 liability for the month or an amount set by the Department
28 not to exceed 1/4 of the average monthly liability of the
29 taxpayer to the Department for the preceding 4 complete
30 calendar quarters (excluding the month of highest liability
31 and the month of lowest liability in such 4 quarter period).
32 If the month during which such tax liability is incurred
33 begins on or after January 1, 1985, and prior to January 1,
34 1987, each payment shall be in an amount equal to 22.5% of
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1 the taxpayer's actual liability for the month or 27.5% of the
2 taxpayer's liability for the same calendar month of the
3 preceding year. If the month during which such tax liability
4 is incurred begins on or after January 1, 1987, and prior to
5 January 1, 1988, each payment shall be in an amount equal to
6 22.5% of the taxpayer's actual liability for the month or
7 26.25% of the taxpayer's liability for the same calendar
8 month of the preceding year. If the month during which such
9 tax liability is incurred begins on or after January 1, 1988,
10 and prior to January 1, 1989, or begins on or after January
11 1, 1996, each payment shall be in an amount equal to 22.5% of
12 the taxpayer's actual liability for the month or 25% of the
13 taxpayer's liability for the same calendar month of the
14 preceding year. If the month during which such tax liability
15 is incurred begins on or after January 1, 1989, and prior to
16 January 1, 1996, each payment shall be in an amount equal to
17 22.5% of the taxpayer's actual liability for the month or 25%
18 of the taxpayer's liability for the same calendar month of
19 the preceding year or 100% of the taxpayer's actual liability
20 for the quarter monthly reporting period. The amount of such
21 quarter monthly payments shall be credited against the final
22 tax liability of the taxpayer's return for that month. Once
23 applicable, the requirement of the making of quarter monthly
24 payments to the Department shall continue until such
25 taxpayer's average monthly liability to the Department during
26 the preceding 4 complete calendar quarters (excluding the
27 month of highest liability and the month of lowest liability)
28 is less than $9,000, or until such taxpayer's average monthly
29 liability to the Department as computed for each calendar
30 quarter of the 4 preceding complete calendar quarter period
31 is less than $10,000. However, if a taxpayer can show the
32 Department that a substantial change in the taxpayer's
33 business has occurred which causes the taxpayer to anticipate
34 that his average monthly tax liability for the reasonably
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1 foreseeable future will fall below $10,000, then such
2 taxpayer may petition the Department for change in such
3 taxpayer's reporting status. The Department shall change
4 such taxpayer's reporting status unless it finds that such
5 change is seasonal in nature and not likely to be long term.
6 If any such quarter monthly payment is not paid at the time
7 or in the amount required by this Section, then the taxpayer
8 shall be liable for penalties and interest on the difference
9 between the minimum amount due and the amount of such quarter
10 monthly payment actually and timely paid, except insofar as
11 the taxpayer has previously made payments for that month to
12 the Department in excess of the minimum payments previously
13 due as provided in this Section. The Department shall make
14 reasonable rules and regulations to govern the quarter
15 monthly payment amount and quarter monthly payment dates for
16 taxpayers who file on other than a calendar monthly basis.
17 If any such payment provided for in this Section exceeds
18 the taxpayer's liabilities under this Act, the Retailers'
19 Occupation Tax Act, the Service Occupation Tax Act and the
20 Service Use Tax Act, as shown by an original monthly return,
21 the Department shall issue to the taxpayer a credit
22 memorandum no later than 30 days after the date of payment,
23 which memorandum may be submitted by the taxpayer to the
24 Department in payment of tax liability subsequently to be
25 remitted by the taxpayer to the Department or be assigned by
26 the taxpayer to a similar taxpayer under this Act, the
27 Retailers' Occupation Tax Act, the Service Occupation Tax Act
28 or the Service Use Tax Act, in accordance with reasonable
29 rules and regulations to be prescribed by the Department,
30 except that if such excess payment is shown on an original
31 monthly return and is made after December 31, 1986, no credit
32 memorandum shall be issued, unless requested by the taxpayer.
33 If no such request is made, the taxpayer may credit such
34 excess payment against tax liability subsequently to be
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1 remitted by the taxpayer to the Department under this Act,
2 the Retailers' Occupation Tax Act, the Service Occupation Tax
3 Act or the Service Use Tax Act, in accordance with reasonable
4 rules and regulations prescribed by the Department. If the
5 Department subsequently determines that all or any part of
6 the credit taken was not actually due to the taxpayer, the
7 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
8 by 2.1% or 1.75% of the difference between the credit taken
9 and that actually due, and the taxpayer shall be liable for
10 penalties and interest on such difference.
11 If the retailer is otherwise required to file a monthly
12 return and if the retailer's average monthly tax liability to
13 the Department does not exceed $200, the Department may
14 authorize his returns to be filed on a quarter annual basis,
15 with the return for January, February, and March of a given
16 year being due by April 20 of such year; with the return for
17 April, May and June of a given year being due by July 20 of
18 such year; with the return for July, August and September of
19 a given year being due by October 20 of such year, and with
20 the return for October, November and December of a given year
21 being due by January 20 of the following year.
22 If the retailer is otherwise required to file a monthly
23 or quarterly return and if the retailer's average monthly tax
24 liability to the Department does not exceed $50, the
25 Department may authorize his returns to be filed on an annual
26 basis, with the return for a given year being due by January
27 20 of the following year.
28 Such quarter annual and annual returns, as to form and
29 substance, shall be subject to the same requirements as
30 monthly returns.
31 Notwithstanding any other provision in this Act
32 concerning the time within which a retailer may file his
33 return, in the case of any retailer who ceases to engage in a
34 kind of business which makes him responsible for filing
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1 returns under this Act, such retailer shall file a final
2 return under this Act with the Department not more than one
3 month after discontinuing such business.
4 In addition, with respect to motor vehicles, watercraft,
5 aircraft, and trailers that are required to be registered
6 with an agency of this State, every retailer selling this
7 kind of tangible personal property shall file, with the
8 Department, upon a form to be prescribed and supplied by the
9 Department, a separate return for each such item of tangible
10 personal property which the retailer sells, except that
11 where, in the same transaction, a retailer of aircraft,
12 watercraft, motor vehicles or trailers transfers more than
13 one aircraft, watercraft, motor vehicle or trailer to another
14 aircraft, watercraft, motor vehicle or trailer retailer for
15 the purpose of resale, that seller for resale may report the
16 transfer of all the aircraft, watercraft, motor vehicles or
17 trailers involved in that transaction to the Department on
18 the same uniform invoice-transaction reporting return form.
19 For purposes of this Section, "watercraft" means a Class 2,
20 Class 3, or Class 4 watercraft as defined in Section 3-2 of
21 the Boat Registration and Safety Act, a personal watercraft,
22 or any boat equipped with an inboard motor.
23 The transaction reporting return in the case of motor
24 vehicles or trailers that are required to be registered with
25 an agency of this State, shall be the same document as the
26 Uniform Invoice referred to in Section 5-402 of the Illinois
27 Vehicle Code and must show the name and address of the
28 seller; the name and address of the purchaser; the amount of
29 the selling price including the amount allowed by the
30 retailer for traded-in property, if any; the amount allowed
31 by the retailer for the traded-in tangible personal property,
32 if any, to the extent to which Section 2 of this Act allows
33 an exemption for the value of traded-in property; the balance
34 payable after deducting such trade-in allowance from the
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1 total selling price; the amount of tax due from the retailer
2 with respect to such transaction; the amount of tax collected
3 from the purchaser by the retailer on such transaction (or
4 satisfactory evidence that such tax is not due in that
5 particular instance, if that is claimed to be the fact); the
6 place and date of the sale; a sufficient identification of
7 the property sold; such other information as is required in
8 Section 5-402 of the Illinois Vehicle Code, and such other
9 information as the Department may reasonably require.
10 The transaction reporting return in the case of
11 watercraft and aircraft must show the name and address of the
12 seller; the name and address of the purchaser; the amount of
13 the selling price including the amount allowed by the
14 retailer for traded-in property, if any; the amount allowed
15 by the retailer for the traded-in tangible personal property,
16 if any, to the extent to which Section 2 of this Act allows
17 an exemption for the value of traded-in property; the balance
18 payable after deducting such trade-in allowance from the
19 total selling price; the amount of tax due from the retailer
20 with respect to such transaction; the amount of tax collected
21 from the purchaser by the retailer on such transaction (or
22 satisfactory evidence that such tax is not due in that
23 particular instance, if that is claimed to be the fact); the
24 place and date of the sale, a sufficient identification of
25 the property sold, and such other information as the
26 Department may reasonably require.
27 Such transaction reporting return shall be filed not
28 later than 20 days after the date of delivery of the item
29 that is being sold, but may be filed by the retailer at any
30 time sooner than that if he chooses to do so. The
31 transaction reporting return and tax remittance or proof of
32 exemption from the tax that is imposed by this Act may be
33 transmitted to the Department by way of the State agency with
34 which, or State officer with whom, the tangible personal
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1 property must be titled or registered (if titling or
2 registration is required) if the Department and such agency
3 or State officer determine that this procedure will expedite
4 the processing of applications for title or 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 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
15 registration is required) in support of such purchaser's
16 application for an Illinois certificate or other evidence of
17 title or 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
23 has 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
27 wants the transaction reporting return filed and the payment
28 of tax or proof of exemption made to the Department before
29 the retailer is willing to take these actions and such user
30 has not paid the tax to the retailer, such user may certify
31 to the fact of such delay by the retailer, and may (upon the
32 Department being satisfied of the truth of such
33 certification) transmit the information required by the
34 transaction reporting return and the remittance for tax or
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1 proof of exemption directly to the Department and obtain his
2 tax receipt or exemption determination, in which event the
3 transaction reporting return and tax remittance (if a tax
4 payment was required) shall be credited by the Department to
5 the proper retailer's account with the Department, but
6 without the 2.1% or 1.75% discount provided for in this
7 Section being allowed. When the user pays the tax directly
8 to the Department, he shall pay the tax in the same amount
9 and in the same form in which it would be remitted if the tax
10 had been remitted to the Department by the retailer.
11 Where a retailer collects the tax with respect to the
12 selling price of tangible personal property which he sells
13 and the purchaser thereafter returns such tangible personal
14 property and the retailer refunds the selling price thereof
15 to the purchaser, such retailer shall also refund, to the
16 purchaser, the tax so collected from the purchaser. When
17 filing his return for the period in which he refunds such tax
18 to the purchaser, the retailer may deduct the amount of the
19 tax so refunded by him to the purchaser from any other use
20 tax which such retailer may be required to pay or remit to
21 the Department, as shown by such return, if the amount of the
22 tax to be deducted was previously remitted to the Department
23 by such retailer. If the retailer has not previously
24 remitted the amount of such tax to the Department, he is
25 entitled to no deduction under this Act upon refunding such
26 tax to the purchaser.
27 Any retailer filing a return under this Section shall
28 also include (for the purpose of paying tax thereon) the
29 total tax covered by such return upon the selling price of
30 tangible personal property purchased by him at retail from a
31 retailer, but as to which the tax imposed by this Act was not
32 collected from the retailer filing such return, and such
33 retailer shall remit the amount of such tax to the Department
34 when filing such return.
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1 If experience indicates such action to be practicable,
2 the Department may prescribe and furnish a combination or
3 joint return which will enable retailers, who are required to
4 file returns hereunder and also under the Retailers'
5 Occupation Tax Act, to furnish all the return information
6 required by both Acts on the one form.
7 Where the retailer has more than one business registered
8 with the Department under separate registration under this
9 Act, such retailer may 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
12 business.
13 Beginning January 1, 1990, each month the Department
14 shall pay into the State and Local Sales Tax Reform Fund, a
15 special fund in the State Treasury which is hereby created,
16 the net revenue realized for the preceding month from the 1%
17 tax on sales of food for human consumption which is to be
18 consumed off the premises where it is sold (other than
19 alcoholic beverages, soft drinks and food which has been
20 prepared for immediate consumption) and prescription and
21 nonprescription medicines, drugs, medical appliances and
22 insulin, urine testing materials, syringes and needles used
23 by diabetics.
24 Beginning January 1, 1990, each month the Department
25 shall pay into the County and Mass Transit District Fund 4%
26 of the net revenue realized for the preceding month from the
27 6.25% general rate on the selling price of tangible personal
28 property which is purchased outside Illinois at retail from a
29 retailer and which is titled or registered by an agency of
30 this State's government.
31 Beginning January 1, 1990, each month the Department
32 shall pay into the State and Local Sales Tax Reform Fund, a
33 special fund in the State Treasury, 20% of the net revenue
34 realized for the preceding month from the 6.25% general rate
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1 on the selling price of tangible personal property, other
2 than tangible personal property which is purchased outside
3 Illinois at retail from a retailer and which is titled or
4 registered by an agency of this State's government.
5 Beginning January 1, 1990, each month the Department
6 shall pay into the Local Government Tax Fund 16% of the net
7 revenue realized for the preceding month from the 6.25%
8 general rate on the selling price of tangible personal
9 property which is purchased outside Illinois at retail from a
10 retailer and which is titled or registered by an agency of
11 this State's government.
12 Of the remainder of the moneys received by the Department
13 pursuant to this Act, (a) 1.75% thereof shall be paid into
14 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
15 and on and after July 1, 1989, 3.8% thereof shall be paid
16 into the Build Illinois Fund; provided, however, that if in
17 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
18 as the case may be, of the moneys received by the Department
19 and required to be paid into the Build Illinois Fund pursuant
20 to Section 3 of the Retailers' Occupation Tax Act, Section 9
21 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
22 Section 9 of the Service Occupation Tax Act, such Acts being
23 hereinafter called the "Tax Acts" and such aggregate of 2.2%
24 or 3.8%, as the case may be, of moneys being hereinafter
25 called the "Tax Act Amount", and (2) the amount transferred
26 to the Build Illinois Fund from the State and Local Sales Tax
27 Reform Fund shall be less than the Annual Specified Amount
28 (as defined in Section 3 of the Retailers' Occupation Tax
29 Act), an amount equal to the difference shall be immediately
30 paid into the Build Illinois Fund from other moneys received
31 by the Department pursuant to the Tax Acts; and further
32 provided, that if on the last business day of any month the
33 sum of (1) the Tax Act Amount required to be deposited into
34 the Build Illinois Bond Account in the Build Illinois Fund
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1 during such month and (2) the amount transferred during such
2 month to the Build Illinois Fund from the State and Local
3 Sales Tax Reform Fund shall have been less than 1/12 of the
4 Annual Specified Amount, an amount equal to the difference
5 shall be immediately paid into the Build Illinois Fund from
6 other moneys received by the Department pursuant to the Tax
7 Acts; and, further provided, that in no event shall the
8 payments required under the preceding proviso result in
9 aggregate payments into the Build Illinois Fund pursuant to
10 this clause (b) for any fiscal year in excess of the greater
11 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
12 for such fiscal year; and, further provided, that the amounts
13 payable into the Build Illinois Fund under this clause (b)
14 shall be payable only until such time as the aggregate amount
15 on deposit under each trust indenture securing Bonds issued
16 and outstanding pursuant to the Build Illinois Bond Act is
17 sufficient, taking into account any future investment income,
18 to fully provide, in accordance with such indenture, for the
19 defeasance of or the payment of the principal of, premium, if
20 any, and interest on the Bonds secured by such indenture and
21 on any Bonds expected to be issued thereafter and all fees
22 and costs payable with respect thereto, all as certified by
23 the Director of the Bureau of the Budget. If on the last
24 business day of any month in which Bonds are outstanding
25 pursuant to the Build Illinois Bond Act, the aggregate of the
26 moneys deposited in the Build Illinois Bond Account in the
27 Build Illinois Fund in such month shall be less than the
28 amount required to be transferred in such month from the
29 Build Illinois Bond Account to the Build Illinois Bond
30 Retirement and Interest Fund pursuant to Section 13 of the
31 Build Illinois Bond Act, an amount equal to such deficiency
32 shall be immediately paid from other moneys received by the
33 Department pursuant to the Tax Acts to the Build Illinois
34 Fund; provided, however, that any amounts paid to the Build
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1 Illinois Fund in any fiscal year pursuant to this sentence
2 shall be deemed to constitute payments pursuant to clause (b)
3 of the preceding sentence and shall reduce the amount
4 otherwise payable for such fiscal year pursuant to clause (b)
5 of the preceding sentence. The moneys received by the
6 Department pursuant to this Act and required to be deposited
7 into the Build Illinois Fund are subject to the pledge, claim
8 and charge set forth in Section 12 of the Build Illinois Bond
9 Act.
10 Subject to payment of amounts into the Build Illinois
11 Fund as provided in the preceding paragraph or in any
12 amendment thereto hereafter enacted, the following specified
13 monthly installment of the amount requested in the
14 certificate of the Chairman of the Metropolitan Pier and
15 Exposition Authority provided under Section 8.25f of the
16 State Finance Act, but not in excess of the sums designated
17 as "Total Deposit", shall be deposited in the aggregate from
18 collections under Section 9 of the Use Tax Act, Section 9 of
19 the Service Use Tax Act, Section 9 of the Service Occupation
20 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
21 into the McCormick Place Expansion Project Fund in the
22 specified fiscal years.
23 Fiscal Year Total Deposit
24 1993 $0
25 1994 53,000,000
26 1995 58,000,000
27 1996 61,000,000
28 1997 64,000,000
29 1998 68,000,000
30 1999 71,000,000
31 2000 75,000,000
32 2001 80,000,000
33 2002 84,000,000
34 2003 89,000,000
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1 2004 93,000,000
2 2005 97,000,000
3 2006 102,000,000
4 2007 and 108,000,000 106,000,000
5 2008 115,000,000
6 2009 120,000,000
7 2010 126,000,000
8 2011 132,000,000
9 2012 138,000,000
10 2013 and 145,000,000
11 each fiscal year
12 thereafter that bonds
13 are outstanding under
14 Section 13.2 of the
15 Metropolitan Pier and
16 Exposition Authority
17 Act, but not after fiscal year 2029.
18 Beginning July 20, 1993 and in each month of each fiscal
19 year thereafter, one-eighth of the amount requested in the
20 certificate of the Chairman of the Metropolitan Pier and
21 Exposition Authority for that fiscal year, less the amount
22 deposited into the McCormick Place Expansion Project Fund by
23 the State Treasurer in the respective month under subsection
24 (g) of Section 13 of the Metropolitan Pier and Exposition
25 Authority Act, plus cumulative deficiencies in the deposits
26 required under this Section for previous months and years,
27 shall be deposited into the McCormick Place Expansion Project
28 Fund, until the full amount requested for the fiscal year,
29 but not in excess of the amount specified above as "Total
30 Deposit", has been deposited.
31 Subject to payment of amounts into the Build Illinois
32 Fund and the McCormick Place Expansion Project Fund pursuant
33 to the preceding paragraphs or in any amendment thereto
34 hereafter enacted, each month the Department shall pay into
-19- LRB9106286JMmbam01
1 the Local Government Distributive Fund .4% of the net revenue
2 realized for the preceding month from the 5% general rate, or
3 .4% of 80% of the net revenue realized for the preceding
4 month from the 6.25% general rate, as the case may be, on the
5 selling price of tangible personal property which amount
6 shall, subject to appropriation, be distributed as provided
7 in Section 2 of the State Revenue Sharing Act. No payments or
8 distributions pursuant to this paragraph shall be made if the
9 tax imposed by this Act on photoprocessing products is
10 declared unconstitutional, or if the proceeds from such tax
11 are unavailable for distribution because of litigation.
12 Subject to payment of amounts into the Build Illinois
13 Fund, the McCormick Place Expansion Project Fund, and the
14 Local Government Distributive Fund pursuant to the preceding
15 paragraphs or in any amendments thereto hereafter enacted,
16 beginning July 1, 1993, the Department shall each month pay
17 into the Illinois Tax Increment Fund 0.27% of 80% of the net
18 revenue realized for the preceding month from the 6.25%
19 general rate on the selling price of tangible personal
20 property.
21 Of the remainder of the moneys received by the Department
22 pursuant to this Act, 75% thereof shall be paid into the
23 State Treasury and 25% shall be reserved in a special account
24 and used only for the transfer to the Common School Fund as
25 part of the monthly transfer from the General Revenue Fund in
26 accordance with Section 8a of the State Finance Act.
27 As soon as possible after the first day of each month,
28 upon certification of the Department of Revenue, the
29 Comptroller shall order transferred and the Treasurer shall
30 transfer from the General Revenue Fund to the Motor Fuel Tax
31 Fund an amount equal to 1.7% of 80% of the net revenue
32 realized under this Act for the second preceding month;
33 except that this transfer shall not be made for the months
34 February through June of 1992.
-20- LRB9106286JMmbam01
1 Net revenue realized for a month shall be the revenue
2 collected by the State pursuant to this Act, less the amount
3 paid out during that month as refunds to taxpayers for
4 overpayment of liability.
5 For greater simplicity of administration, manufacturers,
6 importers and wholesalers whose products are sold at retail
7 in Illinois by numerous retailers, and who wish to do so, may
8 assume the responsibility for accounting and paying to the
9 Department all tax accruing under this Act with respect to
10 such sales, if the retailers who are affected do not make
11 written objection to the Department to this arrangement.
12 (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96;
13 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.)
14 Section 15. The Service Use Tax Act is amended by
15 changing Section 9 as follows:
16 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
17 Sec. 9. Each serviceman required or authorized to
18 collect the tax herein imposed shall pay to the Department
19 the amount of such tax (except as otherwise provided) at the
20 time when he is required to file his return for the period
21 during which such tax was collected, less a discount of 2.1%
22 prior to January 1, 1990 and 1.75% on and after January 1,
23 1990, or $5 per calendar year, whichever is greater, which is
24 allowed to reimburse the serviceman for expenses incurred in
25 collecting the tax, keeping records, preparing and filing
26 returns, remitting the tax and supplying data to the
27 Department on request. A serviceman need not remit that part
28 of any tax collected by him to the extent that he is required
29 to pay and does pay the tax imposed by the Service Occupation
30 Tax Act with respect to his sale of service involving the
31 incidental transfer by him of the same property.
32 Except as provided hereinafter in this Section, on or
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1 before the twentieth day of each calendar month, such
2 serviceman shall file a return for the preceding calendar
3 month in accordance with reasonable Rules and Regulations to
4 be promulgated by the Department. Such return shall be filed
5 on a form prescribed by the Department and shall contain such
6 information as the Department may reasonably require.
7 The Department may require returns to be filed on a
8 quarterly basis. If so required, a return for each calendar
9 quarter shall be filed on or before the twentieth day of the
10 calendar month following the end of such calendar quarter.
11 The taxpayer shall also file a return with the Department for
12 each of the first two months of each calendar quarter, on or
13 before the twentieth day of the following calendar month,
14 stating:
15 1. The name of the seller;
16 2. The address of the principal place of business
17 from which he engages in business as a serviceman in this
18 State;
19 3. The total amount of taxable receipts received by
20 him during the preceding calendar month, including
21 receipts from charge and time sales, but less all
22 deductions allowed by law;
23 4. The amount of credit provided in Section 2d of
24 this Act;
25 5. The amount of tax due;
26 5-5. The signature of the taxpayer; and
27 6. Such other reasonable information as the
28 Department may require.
29 If a taxpayer fails to sign a return within 30 days after
30 the proper notice and demand for signature by the Department,
31 the return shall be considered valid and any amount shown to
32 be due on the return shall be deemed assessed.
33 Beginning October 1, 1993, a taxpayer who has an average
34 monthly tax liability of $150,000 or more shall make all
-22- LRB9106286JMmbam01
1 payments required by rules of the Department by electronic
2 funds transfer. Beginning October 1, 1994, a taxpayer who
3 has an average monthly tax liability of $100,000 or more
4 shall make all payments required by rules of the Department
5 by 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. The term "average
9 monthly tax liability" means the sum of the taxpayer's
10 liabilities under this Act, and under all other State and
11 local occupation and use tax laws administered by the
12 Department, for the immediately preceding calendar year
13 divided by 12.
14 Before August 1 of each year beginning in 1993, the
15 Department shall notify all taxpayers required to make
16 payments by electronic funds transfer. All taxpayers required
17 to make payments by electronic funds transfer shall make
18 those payments for a minimum of one year beginning on October
19 1.
20 Any taxpayer not required to make payments by electronic
21 funds transfer may make payments by electronic funds transfer
22 with the permission of the Department.
23 All taxpayers required to make payment by electronic
24 funds transfer and any taxpayers authorized to voluntarily
25 make payments by electronic funds transfer shall make those
26 payments in the manner authorized by the Department.
27 The Department shall adopt such rules as are necessary to
28 effectuate a program of electronic funds transfer and the
29 requirements of this Section.
30 If the serviceman is otherwise required to file a monthly
31 return and if the serviceman's average monthly tax liability
32 to the Department does not exceed $200, the Department may
33 authorize his returns to be filed on a quarter annual basis,
34 with the return for January, February and March of a given
-23- LRB9106286JMmbam01
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
4 a given year being due by October 20 of such year, and with
5 the 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
12 20 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
17 concerning the time within which a serviceman may file his
18 return, in the case of any serviceman who ceases to engage in
19 a kind of business which makes him responsible for filing
20 returns under this Act, such serviceman shall file a final
21 return under this Act with the Department not more than 1
22 month after 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
27 shall also refund, to the purchaser, the tax so collected
28 from the purchaser. When filing his return for the period in
29 which he refunds such tax to the purchaser, the serviceman
30 may deduct the amount of the tax so refunded by him to the
31 purchaser from any other Service Use Tax, Service Occupation
32 Tax, retailers' occupation tax or use tax which such
33 serviceman may be required to pay or remit to the Department,
34 as shown by such return, provided that the amount of the tax
-24- LRB9106286JMmbam01
1 to be deducted shall previously have been remitted to the
2 Department by such serviceman. If the serviceman shall not
3 previously have remitted the amount of such tax to the
4 Department, he shall be entitled to no deduction hereunder
5 upon refunding such tax to the purchaser.
6 Any serviceman filing a return hereunder shall also
7 include the total tax upon the selling price of tangible
8 personal property purchased for use by him as an incident to
9 a sale of service, and such serviceman shall remit the amount
10 of such tax to the Department when filing such return.
11 If experience indicates such action to be practicable,
12 the Department may prescribe and furnish a combination or
13 joint return which will enable servicemen, who are required
14 to file returns hereunder and also under the Service
15 Occupation Tax Act, to furnish all the return information
16 required by both Acts on the one form.
17 Where the serviceman has more than one business
18 registered with the Department under separate registration
19 hereunder, such serviceman shall not file each return that is
20 due as a single return covering all such registered
21 businesses, but shall file separate returns for each such
22 registered business.
23 Beginning January 1, 1990, each month the Department
24 shall pay into the State and Local Tax Reform Fund, a special
25 fund in the State Treasury, the net revenue realized for the
26 preceding month from the 1% tax on sales of food for human
27 consumption which is to be consumed off the premises where it
28 is sold (other than alcoholic beverages, soft drinks and food
29 which has been prepared for immediate consumption) and
30 prescription and nonprescription medicines, drugs, medical
31 appliances and insulin, urine testing materials, syringes and
32 needles used by diabetics.
33 Beginning January 1, 1990, each month the Department
34 shall pay into the State and Local Sales Tax Reform Fund 20%
-25- LRB9106286JMmbam01
1 of the net revenue realized for the preceding month from the
2 6.25% general rate on transfers of tangible personal
3 property, other than tangible personal property which is
4 purchased outside Illinois at retail from a retailer and
5 which is titled or registered by an agency of this State's
6 government.
7 Of the remainder of the moneys received by the Department
8 pursuant to this Act, (a) 1.75% thereof shall be paid into
9 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
10 and on and after July 1, 1989, 3.8% thereof shall be paid
11 into the Build Illinois Fund; provided, however, that if in
12 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
13 as the case may be, of the moneys received by the Department
14 and required to be paid into the Build Illinois Fund pursuant
15 to Section 3 of the Retailers' Occupation Tax Act, Section 9
16 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
17 Section 9 of the Service Occupation Tax Act, such Acts being
18 hereinafter called the "Tax Acts" and such aggregate of 2.2%
19 or 3.8%, as the case may be, of moneys being hereinafter
20 called the "Tax Act Amount", and (2) the amount transferred
21 to the Build Illinois Fund from the State and Local Sales Tax
22 Reform Fund shall be less than the Annual Specified Amount
23 (as defined in Section 3 of the Retailers' Occupation Tax
24 Act), an amount equal to the difference shall be immediately
25 paid into the Build Illinois Fund from other moneys received
26 by the Department pursuant to the Tax Acts; and further
27 provided, that if on the last business day of any month the
28 sum of (1) the Tax Act Amount required to be deposited into
29 the Build Illinois Bond Account in the Build Illinois Fund
30 during such month and (2) the amount transferred during such
31 month to the Build Illinois Fund from the State and Local
32 Sales Tax Reform Fund shall have been less than 1/12 of the
33 Annual Specified Amount, an amount equal to the difference
34 shall be immediately paid into the Build Illinois Fund from
-26- LRB9106286JMmbam01
1 other moneys received by the Department pursuant to the Tax
2 Acts; and, further provided, that in no event shall the
3 payments required under the preceding proviso result in
4 aggregate payments into the Build Illinois Fund pursuant to
5 this clause (b) for any fiscal year in excess of the greater
6 of (i) the Tax Act Amount or (ii) the Annual Specified Amount
7 for such fiscal year; and, further provided, that the amounts
8 payable into the Build Illinois Fund under this clause (b)
9 shall be payable only until such time as the aggregate amount
10 on deposit under each trust indenture securing Bonds issued
11 and outstanding pursuant to the Build Illinois Bond Act is
12 sufficient, taking into account any future investment income,
13 to fully provide, in accordance with such indenture, for the
14 defeasance of or the payment of the principal of, premium, if
15 any, and interest on the Bonds secured by such indenture and
16 on any Bonds expected to be issued thereafter and all fees
17 and costs payable with respect thereto, all as certified by
18 the Director of the Bureau of the Budget. If on the last
19 business day of any month in which Bonds are outstanding
20 pursuant to the Build Illinois Bond Act, the aggregate of the
21 moneys deposited in the Build Illinois Bond Account in the
22 Build Illinois Fund in such month shall be less than the
23 amount required to be transferred in such month from the
24 Build Illinois Bond Account to the Build Illinois Bond
25 Retirement and Interest Fund pursuant to Section 13 of the
26 Build Illinois Bond Act, an amount equal to such deficiency
27 shall be immediately paid from other moneys received by the
28 Department pursuant to the Tax Acts to the Build Illinois
29 Fund; provided, however, that any amounts paid to the Build
30 Illinois Fund in any fiscal year pursuant to this sentence
31 shall be deemed to constitute payments pursuant to clause (b)
32 of the preceding sentence and shall reduce the amount
33 otherwise payable for such fiscal year pursuant to clause (b)
34 of the preceding sentence. The moneys received by the
-27- LRB9106286JMmbam01
1 Department pursuant to this Act and required to be deposited
2 into the Build Illinois Fund are subject to the pledge, claim
3 and charge set forth in Section 12 of the Build Illinois Bond
4 Act.
5 Subject to payment of amounts into the Build Illinois
6 Fund as provided in the preceding paragraph or in any
7 amendment thereto hereafter enacted, the following specified
8 monthly installment of the amount requested in the
9 certificate of the Chairman of the Metropolitan Pier and
10 Exposition Authority provided under Section 8.25f of the
11 State Finance Act, but not in excess of the sums designated
12 as "Total Deposit", shall be deposited in the aggregate from
13 collections under Section 9 of the Use Tax Act, Section 9 of
14 the Service Use Tax Act, Section 9 of the Service Occupation
15 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
16 into the McCormick Place Expansion Project Fund in the
17 specified fiscal years.
18 Fiscal Year Total Deposit
19 1993 $0
20 1994 53,000,000
21 1995 58,000,000
22 1996 61,000,000
23 1997 64,000,000
24 1998 68,000,000
25 1999 71,000,000
26 2000 75,000,000
27 2001 80,000,000
28 2002 84,000,000
29 2003 89,000,000
30 2004 93,000,000
31 2005 97,000,000
32 2006 102,000,000
33 2007 and 108,000,000 106,000,000
34 2008 115,000,000
-28- LRB9106286JMmbam01
1 2009 120,000,000
2 2010 126,000,000
3 2011 132,000,000
4 2012 138,000,000
5 2013 and 145,000,000
6 each fiscal year
7 thereafter that bonds
8 are outstanding under
9 Section 13.2 of the
10 Metropolitan Pier and
11 Exposition Authority Act,
12 but not after fiscal year 2029.
13 Beginning July 20, 1993 and in each month of each fiscal
14 year thereafter, one-eighth of the amount requested in the
15 certificate of the Chairman of the Metropolitan Pier and
16 Exposition Authority for that fiscal year, less the amount
17 deposited into the McCormick Place Expansion Project Fund by
18 the State Treasurer in the respective month under subsection
19 (g) of Section 13 of the Metropolitan Pier and Exposition
20 Authority Act, plus cumulative deficiencies in the deposits
21 required under this Section for previous months and years,
22 shall be deposited into the McCormick Place Expansion Project
23 Fund, until the full amount requested for the fiscal year,
24 but not in excess of the amount specified above as "Total
25 Deposit", has been deposited.
26 Subject to payment of amounts into the Build Illinois
27 Fund and the McCormick Place Expansion Project Fund pursuant
28 to the preceding paragraphs or in any amendment thereto
29 hereafter enacted, each month the Department shall pay into
30 the Local Government Distributive Fund 0.4% of the net
31 revenue realized for the preceding month from the 5% general
32 rate or 0.4% of 80% of the net revenue realized for the
33 preceding month from the 6.25% general rate, as the case may
34 be, on the selling price of tangible personal property which
-29- LRB9106286JMmbam01
1 amount shall, subject to appropriation, be distributed as
2 provided in Section 2 of the State Revenue Sharing Act. No
3 payments or distributions pursuant to this paragraph shall be
4 made if the tax imposed by this Act on photo processing
5 products is declared unconstitutional, or if the proceeds
6 from such tax are unavailable for distribution because of
7 litigation.
8 Subject to payment of amounts into the Build Illinois
9 Fund, the McCormick Place Expansion Project Fund, and the
10 Local Government Distributive Fund pursuant to the preceding
11 paragraphs or in any amendments thereto hereafter enacted,
12 beginning July 1, 1993, the Department shall each month pay
13 into the Illinois Tax Increment Fund 0.27% of 80% of the net
14 revenue realized for the preceding month from the 6.25%
15 general rate on the selling price of tangible personal
16 property.
17 All remaining moneys received by the Department pursuant
18 to this Act shall be paid into the General Revenue Fund of
19 the State Treasury.
20 As soon as possible after the first day of each month,
21 upon certification of the Department of Revenue, the
22 Comptroller shall order transferred and the Treasurer shall
23 transfer from the General Revenue Fund to the Motor Fuel Tax
24 Fund an amount equal to 1.7% of 80% of the net revenue
25 realized under this Act for the second preceding month;
26 except that this transfer shall not be made for the months
27 February through June, 1992.
28 Net revenue realized for a month shall be the revenue
29 collected by the State pursuant to this Act, less the amount
30 paid out during that month as refunds to taxpayers for
31 overpayment of liability.
32 (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.)
33 Section 20. The Service Occupation Tax Act is amended by
-30- LRB9106286JMmbam01
1 changing Section 9 as follows:
2 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
3 Sec. 9. Each serviceman required or authorized to
4 collect the tax herein imposed shall pay to the Department
5 the amount of such tax at the time when he is required to
6 file his return for the period during which such tax was
7 collectible, less a discount of 2.1% prior to January 1,
8 1990, and 1.75% on and after January 1, 1990, or $5 per
9 calendar year, whichever is greater, which is allowed to
10 reimburse the serviceman for expenses incurred in collecting
11 the tax, keeping records, preparing and filing returns,
12 remitting the tax and supplying data to the Department on
13 request.
14 Where such tangible personal property is sold under a
15 conditional sales contract, or under any other form of sale
16 wherein the payment of the principal sum, or a part thereof,
17 is extended beyond the close of the period for which the
18 return is filed, the serviceman, in collecting the tax may
19 collect, for each tax return period, only the tax applicable
20 to the part of the selling price actually received during
21 such tax return period.
22 Except as provided hereinafter in this Section, on or
23 before the twentieth day of each calendar month, such
24 serviceman shall file a return for the preceding calendar
25 month in accordance with reasonable rules and regulations to
26 be promulgated by the Department of Revenue. Such return
27 shall be filed on a form prescribed by the Department and
28 shall contain such information as the Department may
29 reasonably require.
30 The Department may require returns to be filed on a
31 quarterly basis. If so required, a return for each calendar
32 quarter shall be filed on or before the twentieth day of the
33 calendar month following the end of such calendar quarter.
-31- LRB9106286JMmbam01
1 The taxpayer shall also file a return with the Department for
2 each of the first 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
7 from 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
14 this 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
18 Department may require.
19 If a taxpayer fails to sign a return within 30 days after
20 the proper notice and demand for signature by the Department,
21 the return shall be considered valid and any amount shown to
22 be due on the return shall be deemed assessed.
23 A serviceman may accept a Manufacturer's Purchase Credit
24 certification from a purchaser in satisfaction of Service Use
25 Tax as provided in Section 3-70 of the Service Use Tax Act if
26 the purchaser provides the appropriate documentation as
27 required by Section 3-70 of the Service Use Tax Act. A
28 Manufacturer's Purchase Credit certification, accepted by a
29 serviceman as provided in Section 3-70 of the Service Use Tax
30 Act, may be used by that serviceman to satisfy Service
31 Occupation Tax liability in the amount claimed in the
32 certification, not to exceed 6.25% of the receipts subject to
33 tax from a qualifying purchase.
34 If the serviceman's average monthly tax liability to the
-32- LRB9106286JMmbam01
1 Department does not exceed $200, the Department may authorize
2 his returns to be filed on a quarter annual basis, with the
3 return for January, February and March of a given year being
4 due by April 20 of such year; with the return for April, May
5 and June of a given year being due by July 20 of such year;
6 with the return for July, August and September of a given
7 year being due by October 20 of such year, and with the
8 return for October, November and December of a given year
9 being due by January 20 of the following year.
10 If the serviceman's average monthly tax liability to the
11 Department does not exceed $50, the Department may authorize
12 his returns to be filed on an annual basis, with the return
13 for a given year being due by January 20 of the following
14 year.
15 Such quarter annual and annual returns, as to form and
16 substance, shall be subject to the same requirements as
17 monthly returns.
18 Notwithstanding any other provision in this Act
19 concerning the time within which a serviceman may file his
20 return, in the case of any serviceman who ceases to engage in
21 a kind of business which makes him responsible for filing
22 returns under this Act, such serviceman shall file a final
23 return under this Act with the Department not more than 1
24 month after discontinuing such business.
25 Beginning October 1, 1993, a taxpayer who has an average
26 monthly tax liability of $150,000 or more shall make all
27 payments required by rules of the Department by electronic
28 funds transfer. Beginning October 1, 1994, a taxpayer who
29 has an average monthly tax liability of $100,000 or more
30 shall make all payments required by rules of the Department
31 by electronic funds transfer. Beginning October 1, 1995, a
32 taxpayer who has an average monthly tax liability of $50,000
33 or more shall make all payments required by rules of the
34 Department by electronic funds transfer. The term "average
-33- LRB9106286JMmbam01
1 monthly tax liability" means the sum of the taxpayer's
2 liabilities under this Act, and under all other State and
3 local occupation and use tax laws administered by the
4 Department, for the immediately preceding calendar year
5 divided by 12.
6 Before August 1 of each year beginning in 1993, the
7 Department shall notify all taxpayers required to make
8 payments by electronic funds transfer. All taxpayers
9 required to make payments by electronic funds transfer shall
10 make those payments for a minimum of one year beginning on
11 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
16 funds transfer and any taxpayers authorized to voluntarily
17 make 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 Where a serviceman collects the tax with respect to the
23 selling price of tangible personal property which he sells
24 and the purchaser thereafter returns such tangible personal
25 property and the serviceman refunds the selling price thereof
26 to the purchaser, such serviceman shall also refund, to the
27 purchaser, the tax so collected from the purchaser. When
28 filing his return for the period in which he refunds such tax
29 to the purchaser, the serviceman may deduct the amount of the
30 tax so refunded by him to the purchaser from any other
31 Service Occupation Tax, Service Use Tax, Retailers'
32 Occupation Tax or Use Tax which such serviceman may be
33 required to pay or remit to the Department, as shown by such
34 return, provided that the amount of the tax to be deducted
-34- LRB9106286JMmbam01
1 shall previously have been remitted to the Department by such
2 serviceman. If the serviceman shall not previously have
3 remitted the amount of such tax to the Department, he shall
4 be entitled to no deduction hereunder upon refunding such tax
5 to the purchaser.
6 If experience indicates such action to be practicable,
7 the Department may prescribe and furnish a combination or
8 joint return which will enable servicemen, who are required
9 to file returns hereunder and also under the Retailers'
10 Occupation Tax Act, the Use Tax Act or the Service Use Tax
11 Act, to furnish all the return information required by all
12 said Acts on the one form.
13 Where the serviceman has more than one business
14 registered with the Department under separate registrations
15 hereunder, such serviceman shall file separate returns for
16 each registered business.
17 Beginning January 1, 1990, each month the Department
18 shall pay into the Local Government Tax Fund the revenue
19 realized for the preceding month from the 1% tax on sales of
20 food for human consumption which is to be consumed off the
21 premises where it is sold (other than alcoholic beverages,
22 soft drinks and food which has been prepared for immediate
23 consumption) and prescription and nonprescription medicines,
24 drugs, medical appliances and insulin, urine testing
25 materials, syringes and needles used by diabetics.
26 Beginning January 1, 1990, each month the Department
27 shall pay into the County and Mass Transit District Fund 4%
28 of the revenue realized for the preceding month from the
29 6.25% general rate.
30 Beginning January 1, 1990, each month the Department
31 shall pay into the Local Government Tax Fund 16% of the
32 revenue realized for the preceding month from the 6.25%
33 general rate on transfers of tangible personal property.
34 Of the remainder of the moneys received by the Department
-35- LRB9106286JMmbam01
1 pursuant to this Act, (a) 1.75% thereof shall be paid into
2 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
3 and on and after July 1, 1989, 3.8% thereof shall be paid
4 into the Build Illinois Fund; provided, however, that if in
5 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
6 as the case may be, of the moneys received by the Department
7 and required to be paid into the Build Illinois Fund pursuant
8 to Section 3 of the Retailers' Occupation Tax Act, Section 9
9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and
10 Section 9 of the Service Occupation Tax Act, such Acts being
11 hereinafter called the "Tax Acts" and such aggregate of 2.2%
12 or 3.8%, as the case may be, of moneys being hereinafter
13 called the "Tax Act Amount", and (2) the amount transferred
14 to the Build Illinois Fund from the State and Local Sales Tax
15 Reform Fund shall be less than the Annual Specified Amount
16 (as defined in Section 3 of the Retailers' Occupation Tax
17 Act), an amount equal to the difference shall be immediately
18 paid into the Build Illinois Fund from other moneys received
19 by the Department pursuant to the Tax Acts; and further
20 provided, that if on the last business day of any month the
21 sum of (1) the Tax Act Amount required to be deposited into
22 the Build Illinois Account in the Build Illinois Fund during
23 such month and (2) the amount transferred during such month
24 to the Build Illinois Fund from the State and Local Sales Tax
25 Reform Fund shall have been less than 1/12 of the Annual
26 Specified Amount, an amount equal to the difference shall be
27 immediately paid into the Build Illinois Fund from other
28 moneys received by the Department pursuant to the Tax Acts;
29 and, further provided, that in no event shall the payments
30 required under the preceding proviso result in aggregate
31 payments into the Build Illinois Fund pursuant to this clause
32 (b) for any fiscal year in excess of the greater of (i) the
33 Tax Act Amount or (ii) the Annual Specified Amount for such
34 fiscal year; and, further provided, that the amounts payable
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1 into the Build Illinois Fund under this clause (b) shall be
2 payable only until such time as the aggregate amount on
3 deposit under each trust indenture securing Bonds issued and
4 outstanding pursuant to the Build Illinois Bond Act is
5 sufficient, taking into account any future investment income,
6 to fully provide, in accordance with such indenture, for the
7 defeasance of or the payment of the principal of, premium, if
8 any, and interest on the Bonds secured by such indenture and
9 on any Bonds expected to be issued thereafter and all fees
10 and costs payable with respect thereto, all as certified by
11 the Director of the Bureau of the Budget. If on the last
12 business day of any month in which Bonds are outstanding
13 pursuant to the Build Illinois Bond Act, the aggregate of the
14 moneys deposited in the Build Illinois Bond Account in the
15 Build Illinois Fund in such month shall be less than the
16 amount required to be transferred in such month from the
17 Build Illinois Bond Account to the Build Illinois Bond
18 Retirement and Interest Fund pursuant to Section 13 of the
19 Build Illinois Bond Act, an amount equal to such deficiency
20 shall be immediately paid from other moneys received by the
21 Department pursuant to the Tax Acts to the Build Illinois
22 Fund; provided, however, that any amounts paid to the Build
23 Illinois Fund in any fiscal year pursuant to this sentence
24 shall be deemed to constitute payments pursuant to clause (b)
25 of the preceding sentence and shall reduce the amount
26 otherwise payable for such fiscal year pursuant to clause (b)
27 of the preceding sentence. The moneys received by the
28 Department pursuant to this Act and required to be deposited
29 into the Build Illinois Fund are subject to the pledge, claim
30 and charge set forth in Section 12 of the Build Illinois Bond
31 Act.
32 Subject to payment of amounts into the Build Illinois
33 Fund as provided in the preceding paragraph or in any
34 amendment thereto hereafter enacted, the following specified
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1 monthly installment of the amount requested in the
2 certificate of the Chairman of the Metropolitan Pier and
3 Exposition Authority provided under Section 8.25f of the
4 State Finance Act, but not in excess of the sums designated
5 as "Total Deposit", shall be deposited in the aggregate from
6 collections under Section 9 of the Use Tax Act, Section 9 of
7 the Service Use Tax Act, Section 9 of the Service Occupation
8 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
9 into the McCormick Place Expansion Project Fund in the
10 specified fiscal years.
11 Fiscal Year Total Deposit
12 1993 $0
13 1994 53,000,000
14 1995 58,000,000
15 1996 61,000,000
16 1997 64,000,000
17 1998 68,000,000
18 1999 71,000,000
19 2000 75,000,000
20 2001 80,000,000
21 2002 84,000,000
22 2003 89,000,000
23 2004 93,000,000
24 2005 97,000,000
25 2006 102,000,000
26 2007 and 108,000,000 106,000,000
27 2008 115,000,000
28 2009 120,000,000
29 2010 126,000,000
30 2011 132,000,000
31 2012 138,000,000
32 2013 and 145,000,000
33 each fiscal year
34 thereafter that bonds
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1 are outstanding under
2 Section 13.2 of the
3 Metropolitan Pier and
4 Exposition Authority
5 Act, but not after fiscal year 2029.
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,
17 but not in excess of the amount specified above as "Total
18 Deposit", has been deposited.
19 Subject to payment of amounts into the Build Illinois
20 Fund and the McCormick Place Expansion Project Fund pursuant
21 to the preceding paragraphs or in any amendment thereto
22 hereafter enacted, each month the Department shall pay into
23 the Local Government Distributive Fund 0.4% of the net
24 revenue realized for the preceding month from the 5% general
25 rate or 0.4% of 80% of the net revenue realized for the
26 preceding month from the 6.25% general rate, as the case may
27 be, on the selling price of tangible personal property which
28 amount shall, subject to appropriation, be distributed as
29 provided in Section 2 of the State Revenue Sharing Act. No
30 payments or distributions pursuant to this paragraph shall be
31 made if the tax imposed by this Act on photoprocessing
32 products is declared unconstitutional, or if the proceeds
33 from such tax are unavailable for distribution because of
34 litigation.
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1 Subject to payment of amounts into the Build Illinois
2 Fund, the McCormick Place Expansion Project Fund, and the
3 Local Government Distributive Fund pursuant to the preceding
4 paragraphs or in any amendments thereto hereafter enacted,
5 beginning July 1, 1993, the Department shall each month pay
6 into the Illinois Tax Increment Fund 0.27% of 80% of the net
7 revenue realized for the preceding month from the 6.25%
8 general rate on the selling price of tangible personal
9 property.
10 Remaining moneys received by the Department pursuant to
11 this Act shall be paid into the General Revenue Fund of the
12 State Treasury.
13 The Department may, upon separate written notice to a
14 taxpayer, require the taxpayer to prepare and file with the
15 Department on a form prescribed by the Department within not
16 less than 60 days after receipt of the notice an annual
17 information return for the tax year specified in the notice.
18 Such annual return to the Department shall include a
19 statement of gross receipts as shown by the taxpayer's last
20 Federal income tax return. If the total receipts of the
21 business as reported in the Federal income tax return do not
22 agree with the gross receipts reported to the Department of
23 Revenue for the same period, the taxpayer shall attach to his
24 annual return a schedule showing a reconciliation of the 2
25 amounts and the reasons for the difference. The taxpayer's
26 annual return to the Department shall also disclose the cost
27 of goods sold by the taxpayer during the year covered by such
28 return, opening and closing inventories of such goods for
29 such year, cost of goods used from stock or taken from stock
30 and given away by the taxpayer during such year, pay roll
31 information of the taxpayer's business during such year and
32 any additional reasonable information which the Department
33 deems would be helpful in determining the accuracy of the
34 monthly, quarterly or annual returns filed by such taxpayer
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1 as hereinbefore provided for in this Section.
2 If the annual information return required by this Section
3 is not filed when and as required, the taxpayer shall be
4 liable as follows:
5 (i) Until January 1, 1994, the taxpayer shall be
6 liable for a penalty equal to 1/6 of 1% of the tax due
7 from such taxpayer under this Act during the period to be
8 covered by the annual return for each month or fraction
9 of a month until such return is filed as required, the
10 penalty to be assessed and collected in the same manner
11 as any other penalty provided for in this Act.
12 (ii) On and after January 1, 1994, the taxpayer
13 shall be liable for a penalty as described in Section 3-4
14 of the Uniform Penalty and Interest Act.
15 The chief executive officer, proprietor, owner or highest
16 ranking manager shall sign the annual return to certify the
17 accuracy of the information contained therein. Any person
18 who willfully signs the annual return containing false or
19 inaccurate information shall be guilty of perjury and
20 punished accordingly. The annual return form prescribed by
21 the Department shall include a warning that the person
22 signing the return may be liable for perjury.
23 The foregoing portion of this Section concerning the
24 filing of an annual information return shall not apply to a
25 serviceman who is not required to file an income tax return
26 with the United States Government.
27 As soon as possible after the first day of each month,
28 upon certification of the Department of Revenue, the
29 Comptroller shall order transferred and the Treasurer shall
30 transfer from the General Revenue Fund to the Motor Fuel Tax
31 Fund an amount equal to 1.7% of 80% of the net revenue
32 realized under this Act for the second preceding month;
33 except that this transfer shall not be made for the months
34 February through June, 1992.
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1 Net revenue realized for a month shall be the revenue
2 collected by the State pursuant to this Act, less the amount
3 paid out during that month as refunds to taxpayers for
4 overpayment of liability.
5 For greater simplicity of administration, it shall be
6 permissible for manufacturers, importers and wholesalers
7 whose products are sold by numerous servicemen in Illinois,
8 and who wish to do so, to assume the responsibility for
9 accounting and paying to the Department all tax accruing
10 under this Act with respect to such sales, if the servicemen
11 who are affected do not make written objection to the
12 Department to this arrangement.
13 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
14 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff.
15 7-8-98.)
16 Section 25. The Retailers' Occupation Tax Act is amended
17 by changing Section 3 as follows:
18 (35 ILCS 120/3) (from Ch. 120, par. 442)
19 Sec. 3. Except as provided in this Section, on or before
20 the twentieth day of each calendar month, every person
21 engaged in the business of selling tangible personal property
22 at retail in this State during the preceding calendar month
23 shall file a return with the Department, stating:
24 1. The name of the seller;
25 2. His residence address and the address of his
26 principal place of business and the address of the
27 principal place of business (if that is a different
28 address) from which he engages in the business of selling
29 tangible personal property at retail in this State;
30 3. Total amount of receipts received by him during
31 the preceding calendar month or quarter, as the case may
32 be, from sales of tangible personal property, and from
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1 services furnished, by him during such preceding calendar
2 month or quarter;
3 4. Total amount received by him during the
4 preceding calendar month or quarter on charge and time
5 sales of tangible personal property, and from services
6 furnished, by him prior to the month or quarter for which
7 the return is filed;
8 5. Deductions allowed by law;
9 6. Gross receipts which were received by him during
10 the preceding calendar month or quarter and upon the
11 basis of which the tax is imposed;
12 7. The amount of credit provided in Section 2d of
13 this Act;
14 8. The amount of tax due;
15 9. The signature of the taxpayer; and
16 10. Such other reasonable information as the
17 Department may require.
18 If a taxpayer fails to sign a return within 30 days after
19 the proper notice and demand for signature by the Department,
20 the return shall be considered valid and any amount shown to
21 be due on the return shall be deemed assessed.
22 Each return shall be accompanied by the statement of
23 prepaid tax issued pursuant to Section 2e for which credit is
24 claimed.
25 A retailer may accept a Manufacturer's Purchase Credit
26 certification from a purchaser in satisfaction of Use Tax as
27 provided in Section 3-85 of the Use Tax Act if the purchaser
28 provides the appropriate documentation as required by Section
29 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
30 certification, accepted by a retailer as provided in Section
31 3-85 of the Use Tax Act, may be used by that retailer to
32 satisfy Retailers' Occupation Tax liability in the amount
33 claimed in the certification, not to exceed 6.25% of the
34 receipts subject to tax from a qualifying purchase.
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1 The Department may require returns to be filed on a
2 quarterly basis. If so required, a return for each calendar
3 quarter shall be filed on or before the twentieth day of the
4 calendar month following the end of such calendar quarter.
5 The taxpayer shall also file a return with the Department for
6 each of the first two months of each calendar quarter, on or
7 before the twentieth day of the following calendar month,
8 stating:
9 1. The name of the seller;
10 2. The address of the principal place of business
11 from 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
19 this Act;
20 5. The amount of tax due; and
21 6. Such other reasonable information as the
22 Department may require.
23 If a total amount of less than $1 is payable, refundable
24 or creditable, such amount shall be disregarded if it is less
25 than 50 cents and shall be increased to $1 if it is 50 cents
26 or more.
27 Beginning October 1, 1993, a taxpayer who has an average
28 monthly tax liability of $150,000 or more shall make all
29 payments required by rules of the Department by electronic
30 funds transfer. Beginning October 1, 1994, a taxpayer who
31 has an average monthly tax liability of $100,000 or more
32 shall make all payments required by rules of the Department
33 by electronic funds transfer. Beginning October 1, 1995, a
34 taxpayer who has an average monthly tax liability of $50,000
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1 or more shall make all payments required by rules of the
2 Department by electronic funds transfer. The term "average
3 monthly tax liability" shall be the sum of the taxpayer's
4 liabilities under this Act, and under all other State and
5 local occupation and use tax laws administered by the
6 Department, for the immediately preceding calendar year
7 divided by 12.
8 Before August 1 of each year beginning in 1993, the
9 Department shall notify all taxpayers required to make
10 payments by electronic funds transfer. All taxpayers
11 required to make payments by electronic funds transfer shall
12 make those payments for a minimum of one year beginning on
13 October 1.
14 Any taxpayer not required to make payments by electronic
15 funds transfer may make payments by electronic funds transfer
16 with the permission of the Department.
17 All taxpayers required to make payment by electronic
18 funds transfer and any taxpayers authorized to voluntarily
19 make payments by electronic funds transfer shall make those
20 payments in the manner authorized by the Department.
21 The Department shall adopt such rules as are necessary to
22 effectuate a program of electronic funds transfer and the
23 requirements of this Section.
24 Any amount which is required to be shown or reported on
25 any return or other document under this Act shall, if such
26 amount is not a whole-dollar amount, be increased to the
27 nearest whole-dollar amount in any case where the fractional
28 part of a dollar is 50 cents or more, and decreased to the
29 nearest whole-dollar amount where the fractional part of a
30 dollar is less than 50 cents.
31 If the retailer is otherwise required to file a monthly
32 return and if the retailer's average monthly tax liability to
33 the Department does not exceed $200, the Department may
34 authorize his returns to be filed on a quarter annual basis,
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1 with the return for January, February and March of a given
2 year being due by April 20 of such year; with the return for
3 April, May and June of a given year being due by July 20 of
4 such year; with the return for July, August and September of
5 a given year being due by October 20 of such year, and with
6 the return for October, November and December of a given year
7 being due by January 20 of the following year.
8 If the retailer is otherwise required to file a monthly
9 or quarterly return and if the retailer's average monthly tax
10 liability with the Department does not exceed $50, the
11 Department may authorize his returns to be filed on an annual
12 basis, with the return for a given year being due by January
13 20 of the following year.
14 Such quarter annual and annual returns, as to form and
15 substance, shall be subject to the same requirements as
16 monthly returns.
17 Notwithstanding any other provision in this Act
18 concerning the time within which a retailer may file his
19 return, in the case of any retailer who ceases to engage in a
20 kind of business which makes him responsible for filing
21 returns under this Act, such retailer shall file a final
22 return under this Act with the Department not more than one
23 month after discontinuing such business.
24 Where the same person has more than one business
25 registered with the Department under separate registrations
26 under this Act, such person may not file each return that is
27 due as a single return covering all such registered
28 businesses, but shall file separate returns for each such
29 registered business.
30 In addition, with respect to motor vehicles, watercraft,
31 aircraft, and trailers that are required to be registered
32 with an agency of this State, every retailer selling this
33 kind of tangible personal property shall file, with the
34 Department, upon a form to be prescribed and supplied by the
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1 Department, a separate return for each such item of tangible
2 personal property which the retailer sells, except that
3 where, in the same transaction, a retailer of aircraft,
4 watercraft, motor vehicles or trailers transfers more than
5 one aircraft, watercraft, motor vehicle or trailer to another
6 aircraft, watercraft, motor vehicle retailer or trailer
7 retailer for the purpose of resale, that seller for resale
8 may report the transfer of all aircraft, watercraft, motor
9 vehicles or trailers involved in that transaction to the
10 Department on the same uniform invoice-transaction reporting
11 return form. For purposes of this Section, "watercraft"
12 means a Class 2, Class 3, or Class 4 watercraft as defined in
13 Section 3-2 of the Boat Registration and Safety Act, a
14 personal watercraft, or any boat equipped with an inboard
15 motor.
16 Any retailer who sells only motor vehicles, watercraft,
17 aircraft, or trailers that are required to be registered with
18 an agency of this State, so that all retailers' occupation
19 tax liability is required to be reported, and is reported, on
20 such transaction reporting returns and who is not otherwise
21 required to file monthly or quarterly returns, need not file
22 monthly or quarterly returns. However, those retailers shall
23 be required to file returns on an annual basis.
24 The transaction reporting return, in the case of motor
25 vehicles or trailers that are required to be registered with
26 an agency of this State, shall be the same document as the
27 Uniform Invoice referred to in Section 5-402 of The Illinois
28 Vehicle Code and must show the name and address of the
29 seller; the name and address of the purchaser; the amount of
30 the selling price including the amount allowed by the
31 retailer for traded-in property, if any; the amount allowed
32 by the retailer for the traded-in tangible personal property,
33 if any, to the extent to which Section 1 of this Act allows
34 an exemption for the value of traded-in property; the balance
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1 payable after deducting such trade-in allowance from the
2 total selling price; the amount of tax due from the retailer
3 with respect to such transaction; the amount of tax collected
4 from the purchaser by the retailer on such transaction (or
5 satisfactory evidence that such tax is not due in that
6 particular instance, if that is claimed to be the fact); the
7 place and date of the sale; a sufficient identification of
8 the property sold; such other information as is required in
9 Section 5-402 of The Illinois Vehicle Code, and such other
10 information as the Department may reasonably require.
11 The transaction reporting return in the case of
12 watercraft or aircraft must show the name and address of the
13 seller; the name and address of the purchaser; the amount of
14 the selling price including the amount allowed by the
15 retailer for traded-in property, if any; the amount allowed
16 by the retailer for the traded-in tangible personal property,
17 if any, to the extent to which Section 1 of this Act allows
18 an exemption for the value of traded-in property; the balance
19 payable after deducting such trade-in allowance from the
20 total selling price; the amount of tax due from the retailer
21 with respect to such transaction; the amount of tax collected
22 from the purchaser by the retailer on such transaction (or
23 satisfactory evidence that such tax is not due in that
24 particular instance, if that is claimed to be the fact); the
25 place and date of the sale, a sufficient identification of
26 the property sold, and such other information as the
27 Department may reasonably require.
28 Such transaction reporting return shall be filed not
29 later than 20 days after the day of delivery of the item that
30 is being sold, but may be filed by the retailer at any time
31 sooner than that if he chooses to do so. The transaction
32 reporting return and tax remittance or proof of exemption
33 from the Illinois use tax may be transmitted to the
34 Department by way of the State agency with which, or State
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1 officer with whom the tangible personal property must be
2 titled or registered (if titling or registration is required)
3 if the Department and such agency or State officer determine
4 that this procedure will expedite the processing of
5 applications for title or registration.
6 With each such transaction reporting return, the retailer
7 shall remit the proper amount of tax due (or shall submit
8 satisfactory evidence that the sale is not taxable if that is
9 the case), to the Department or its agents, whereupon the
10 Department shall issue, in the purchaser's name, a use tax
11 receipt (or a certificate of exemption if the Department is
12 satisfied that the particular sale is tax exempt) which such
13 purchaser may submit to the agency with which, or State
14 officer with whom, he must title or register the tangible
15 personal property that is involved (if titling or
16 registration is required) in support of such purchaser's
17 application for an Illinois certificate or other evidence of
18 title or registration to such tangible personal property.
19 No retailer's failure or refusal to remit tax under this
20 Act precludes a user, who has paid the proper tax to the
21 retailer, from obtaining his certificate of title or other
22 evidence of title or registration (if titling or registration
23 is required) upon satisfying the Department that such user
24 has paid the proper tax (if tax is due) to the retailer. The
25 Department shall adopt appropriate rules to carry out the
26 mandate of this paragraph.
27 If the user who would otherwise pay tax to the retailer
28 wants the transaction reporting return filed and the payment
29 of the tax or proof of exemption made to the Department
30 before the retailer is willing to take these actions and such
31 user has not paid the tax to the retailer, such user may
32 certify to the fact of such delay by the retailer and may
33 (upon the Department being satisfied of the truth of such
34 certification) transmit the information required by the
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1 transaction reporting return and the remittance for tax or
2 proof of exemption directly to the Department and obtain his
3 tax receipt or exemption determination, in which event the
4 transaction reporting return and tax remittance (if a tax
5 payment was required) shall be credited by the Department to
6 the proper retailer's account with the Department, but
7 without the 2.1% or 1.75% discount provided for in this
8 Section being allowed. When the user pays the tax directly
9 to the Department, he shall pay the tax in the same amount
10 and in the same form in which it would be remitted if the tax
11 had been remitted to the Department by the retailer.
12 Refunds made by the seller during the preceding return
13 period to purchasers, on account of tangible personal
14 property returned to the seller, shall be allowed as a
15 deduction under subdivision 5 of his monthly or quarterly
16 return, as the case may be, in case the seller had
17 theretofore included the receipts from the sale of such
18 tangible personal property in a return filed by him and had
19 paid the tax imposed by this Act with respect to such
20 receipts.
21 Where the seller is a corporation, the return filed on
22 behalf of such corporation shall be signed by the president,
23 vice-president, secretary or treasurer or by the properly
24 accredited agent of such corporation.
25 Where the seller is a limited liability company, the
26 return filed on behalf of the limited liability company shall
27 be signed by a manager, member, or properly accredited agent
28 of the limited liability company.
29 Except as provided in this Section, the retailer filing
30 the return under this Section shall, at the time of filing
31 such return, pay to the Department the amount of tax imposed
32 by this Act less a discount of 2.1% prior to January 1, 1990
33 and 1.75% on and after January 1, 1990, or $5 per calendar
34 year, whichever is greater, which is allowed to reimburse the
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1 retailer for the expenses incurred in keeping records,
2 preparing and filing returns, remitting the tax and supplying
3 data to the Department on request. Any prepayment made
4 pursuant to Section 2d of this Act shall be included in the
5 amount on which such 2.1% or 1.75% discount is computed. In
6 the case of retailers who report and pay the tax on a
7 transaction by transaction basis, as provided in this
8 Section, such discount shall be taken with each such tax
9 remittance instead of when such retailer files his periodic
10 return.
11 If the taxpayer's average monthly tax liability to the
12 Department under this Act, the Use Tax Act, the Service
13 Occupation Tax Act, and the Service Use Tax Act, excluding
14 any liability for prepaid sales tax to be remitted in
15 accordance with Section 2d of this Act, was $10,000 or more
16 during the preceding 4 complete calendar quarters, he shall
17 file a return with the Department each month by the 20th day
18 of the month next following the month during which such tax
19 liability is incurred and shall make payments to the
20 Department on or before the 7th, 15th, 22nd and last day of
21 the month during which such liability is incurred. If the
22 month during which such tax liability is incurred began prior
23 to January 1, 1985, each payment shall be in an amount equal
24 to 1/4 of the taxpayer's actual liability for the month or an
25 amount set by the Department not to exceed 1/4 of the average
26 monthly liability of the taxpayer to the Department for the
27 preceding 4 complete calendar quarters (excluding the month
28 of highest liability and the month of lowest liability in
29 such 4 quarter period). If the month during which such tax
30 liability is incurred begins on or after January 1, 1985 and
31 prior to January 1, 1987, each payment shall be in an amount
32 equal to 22.5% of the taxpayer's actual liability for the
33 month or 27.5% of the taxpayer's liability for the same
34 calendar month of the preceding year. If the month during
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1 which such tax liability is incurred begins on or after
2 January 1, 1987 and prior to January 1, 1988, each payment
3 shall be in an amount equal to 22.5% of the taxpayer's actual
4 liability for the month or 26.25% of the taxpayer's liability
5 for the same calendar month of the preceding year. If the
6 month during which such tax liability is incurred begins on
7 or after January 1, 1988, and prior to January 1, 1989, or
8 begins on or after January 1, 1996, each payment shall be in
9 an amount equal to 22.5% of the taxpayer's actual liability
10 for the month or 25% of the taxpayer's liability for the same
11 calendar month of the preceding year. If the month during
12 which such tax liability is incurred begins on or after
13 January 1, 1989, and prior to January 1, 1996, each payment
14 shall be in an amount equal to 22.5% of the taxpayer's actual
15 liability for the month or 25% of the taxpayer's liability
16 for the same calendar month of the preceding year or 100% of
17 the taxpayer's actual liability for the quarter monthly
18 reporting period. The amount of such quarter monthly
19 payments shall be credited against the final tax liability of
20 the taxpayer's return for that month. Once applicable, the
21 requirement of the making of quarter monthly payments to the
22 Department by taxpayers having an average monthly tax
23 liability of $10,000 or more as determined in the manner
24 provided above shall continue until such taxpayer's average
25 monthly liability to the Department during the preceding 4
26 complete calendar quarters (excluding the month of highest
27 liability and the month of lowest liability) is less than
28 $9,000, or until such taxpayer's average monthly liability to
29 the Department as computed for each calendar quarter of the 4
30 preceding complete calendar quarter period is less than
31 $10,000. However, if a taxpayer can show the Department that
32 a substantial change in the taxpayer's business has occurred
33 which causes the taxpayer to anticipate that his average
34 monthly tax liability for the reasonably foreseeable future
-52- LRB9106286JMmbam01
1 will fall below $10,000, then such taxpayer may petition the
2 Department for a change in such taxpayer's reporting status.
3 The Department shall change such taxpayer's reporting status
4 unless it finds that such change is seasonal in nature and
5 not likely to be long term. If any such quarter monthly
6 payment is not paid at the time or in the amount required by
7 this Section, then the taxpayer shall be liable for penalties
8 and interest on the difference between the minimum amount due
9 as a payment and the amount of such quarter monthly payment
10 actually and timely paid, except insofar as the taxpayer has
11 previously made payments for that month to the Department in
12 excess of the minimum payments previously due as provided in
13 this Section. The Department shall make reasonable rules and
14 regulations to govern the quarter monthly payment amount and
15 quarter monthly payment dates for taxpayers who file on other
16 than a calendar monthly basis.
17 Without regard to whether a taxpayer is required to make
18 quarter monthly payments as specified above, any taxpayer who
19 is required by Section 2d of this Act to collect and remit
20 prepaid taxes and has collected prepaid taxes which average
21 in excess of $25,000 per month during the preceding 2
22 complete calendar quarters, shall file a return with the
23 Department as required by Section 2f and shall make payments
24 to the Department on or before the 7th, 15th, 22nd and last
25 day of the month during which such liability is incurred. If
26 the month during which such tax liability is incurred began
27 prior to the effective date of this amendatory Act of 1985,
28 each payment shall be in an amount not less than 22.5% of the
29 taxpayer's actual liability under Section 2d. If the month
30 during which such tax liability is incurred begins on or
31 after January 1, 1986, each payment shall be in an amount
32 equal to 22.5% of the taxpayer's actual liability for the
33 month or 27.5% of the taxpayer's liability for the same
34 calendar month of the preceding calendar year. If the month
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1 during which such tax liability is incurred begins on or
2 after January 1, 1987, each payment shall be in an amount
3 equal to 22.5% of the taxpayer's actual liability for the
4 month or 26.25% of the taxpayer's liability for the same
5 calendar month of the preceding year. The amount of such
6 quarter monthly payments shall be credited against the final
7 tax liability of the taxpayer's return for that month filed
8 under this Section or Section 2f, as the case may be. Once
9 applicable, the requirement of the making of quarter monthly
10 payments to the Department pursuant to this paragraph shall
11 continue until such taxpayer's average monthly prepaid tax
12 collections during the preceding 2 complete calendar quarters
13 is $25,000 or less. If any such quarter monthly payment is
14 not paid at the time or in the amount required, the taxpayer
15 shall be liable for penalties and interest on such
16 difference, except insofar as the taxpayer has previously
17 made payments for that month in excess of the minimum
18 payments previously due.
19 If any payment provided for in this Section exceeds the
20 taxpayer's liabilities under this Act, the Use Tax Act, the
21 Service Occupation Tax Act and the Service Use Tax Act, as
22 shown on an original monthly return, the Department shall, if
23 requested by the taxpayer, issue to the taxpayer a credit
24 memorandum no later than 30 days after the date of payment.
25 The credit evidenced by such credit memorandum may be
26 assigned by the taxpayer to a similar taxpayer under this
27 Act, the Use Tax Act, the Service Occupation Tax Act or the
28 Service Use Tax Act, in accordance with reasonable rules and
29 regulations to be prescribed by the Department. If no such
30 request is made, the taxpayer may credit such excess payment
31 against tax liability subsequently to be remitted to the
32 Department under this Act, the Use Tax Act, the Service
33 Occupation Tax Act or the Service Use Tax Act, in accordance
34 with reasonable rules and regulations prescribed by the
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1 Department. If the Department subsequently determined that
2 all or any part of the credit taken was not actually due to
3 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
4 shall be reduced by 2.1% or 1.75% of the difference between
5 the credit taken and that actually due, and that taxpayer
6 shall be liable for penalties and interest on such
7 difference.
8 If a retailer of motor fuel is entitled to a credit under
9 Section 2d of this Act which exceeds the taxpayer's liability
10 to the Department under this Act for the month which the
11 taxpayer is filing a return, the Department shall issue the
12 taxpayer a credit memorandum for the excess.
13 Beginning January 1, 1990, each month the Department
14 shall pay into the Local Government Tax Fund, a special fund
15 in the State treasury which is hereby created, the net
16 revenue realized for the preceding month from the 1% tax on
17 sales of food for human consumption which is to be consumed
18 off the premises where it is sold (other than alcoholic
19 beverages, soft drinks and food which has been prepared for
20 immediate consumption) and prescription and nonprescription
21 medicines, drugs, medical appliances and insulin, urine
22 testing materials, syringes and needles used by diabetics.
23 Beginning January 1, 1990, each month the Department
24 shall pay into the County and Mass Transit District Fund, a
25 special fund in the State treasury which is hereby created,
26 4% of the net revenue realized for the preceding month from
27 the 6.25% general rate.
28 Beginning January 1, 1990, each month the Department
29 shall pay into the Local Government Tax Fund 16% of the net
30 revenue realized for the preceding month from the 6.25%
31 general rate on the selling price of tangible personal
32 property.
33 Of the remainder of the moneys received by the Department
34 pursuant to this Act, (a) 1.75% thereof shall be paid into
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1 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
2 and on and after July 1, 1989, 3.8% thereof shall be paid
3 into the Build Illinois Fund; provided, however, that if in
4 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
5 as the case may be, of the moneys received by the Department
6 and required to be paid into the Build Illinois Fund pursuant
7 to this Act, Section 9 of the Use Tax Act, Section 9 of the
8 Service Use Tax Act, and Section 9 of the Service Occupation
9 Tax Act, such Acts being hereinafter called the "Tax Acts"
10 and such aggregate of 2.2% or 3.8%, as the case may be, of
11 moneys being hereinafter called the "Tax Act Amount", and (2)
12 the amount transferred to the Build Illinois Fund from the
13 State and Local Sales Tax Reform Fund shall be less than the
14 Annual Specified Amount (as hereinafter defined), an amount
15 equal to the difference shall be immediately paid into the
16 Build Illinois Fund from other moneys received by the
17 Department pursuant to the Tax Acts; the "Annual Specified
18 Amount" means the amounts specified below for fiscal years
19 1986 through 1993:
20 Fiscal Year Annual Specified Amount
21 1986 $54,800,000
22 1987 $76,650,000
23 1988 $80,480,000
24 1989 $88,510,000
25 1990 $115,330,000
26 1991 $145,470,000
27 1992 $182,730,000
28 1993 $206,520,000;
29 and means the Certified Annual Debt Service Requirement (as
30 defined in Section 13 of the Build Illinois Bond Act) or the
31 Tax Act Amount, whichever is greater, for fiscal year 1994
32 and each fiscal year thereafter; and further provided, that
33 if on the last business day of any month the sum of (1) the
34 Tax Act Amount required to be deposited into the Build
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1 Illinois Bond Account in the Build Illinois Fund during such
2 month and (2) the amount transferred to the Build Illinois
3 Fund from the State and Local Sales Tax Reform Fund shall
4 have been less than 1/12 of the Annual Specified Amount, an
5 amount equal to the difference shall be immediately paid into
6 the Build Illinois Fund from other moneys received by the
7 Department pursuant to the Tax Acts; and, further provided,
8 that in no event shall the payments required under the
9 preceding proviso result in aggregate payments into the Build
10 Illinois Fund pursuant to this clause (b) for any fiscal year
11 in excess of the greater of (i) the Tax Act Amount or (ii)
12 the Annual Specified Amount for such fiscal year. The
13 amounts payable into the Build Illinois Fund under clause (b)
14 of the first sentence in this paragraph shall be payable only
15 until such time as the aggregate amount on deposit under each
16 trust indenture securing Bonds issued and outstanding
17 pursuant to the Build Illinois Bond Act is sufficient, taking
18 into account any future investment income, to fully provide,
19 in accordance with such indenture, for the defeasance of or
20 the payment of the principal of, premium, if any, and
21 interest on the Bonds secured by such indenture and on any
22 Bonds expected to be issued thereafter and all fees and costs
23 payable with respect thereto, all as certified by the
24 Director of the Bureau of the Budget. If on the last
25 business day of any month in which Bonds are outstanding
26 pursuant to the Build Illinois Bond Act, the aggregate of
27 moneys deposited in the Build Illinois Bond Account in the
28 Build Illinois Fund in such month shall be less than the
29 amount required to be transferred in such month from the
30 Build Illinois Bond Account to the Build Illinois Bond
31 Retirement and Interest Fund pursuant to Section 13 of the
32 Build Illinois Bond Act, an amount equal to such deficiency
33 shall be immediately paid from other moneys received by the
34 Department pursuant to the Tax Acts to the Build Illinois
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1 Fund; provided, however, that any amounts paid to the Build
2 Illinois Fund in any fiscal year pursuant to this sentence
3 shall be deemed to constitute payments pursuant to clause (b)
4 of the first sentence of this paragraph and shall reduce the
5 amount otherwise payable for such fiscal year pursuant to
6 that clause (b). The moneys received by the Department
7 pursuant to this Act and required to be deposited into the
8 Build Illinois Fund are subject to the pledge, claim and
9 charge set forth in Section 12 of the Build Illinois Bond
10 Act.
11 Subject to payment of amounts into the Build Illinois
12 Fund as provided in the preceding paragraph or in any
13 amendment thereto hereafter enacted, the following specified
14 monthly installment of the amount requested in the
15 certificate of the Chairman of the Metropolitan Pier and
16 Exposition Authority provided under Section 8.25f of the
17 State Finance Act, but not in excess of sums designated as
18 "Total Deposit", shall be deposited in the aggregate from
19 collections under Section 9 of the Use Tax Act, Section 9 of
20 the Service Use Tax Act, Section 9 of the Service Occupation
21 Tax Act, and Section 3 of the Retailers' Occupation Tax Act
22 into the McCormick Place Expansion Project Fund in the
23 specified fiscal years.
24 Fiscal Year Total Deposit
25 1993 $0
26 1994 53,000,000
27 1995 58,000,000
28 1996 61,000,000
29 1997 64,000,000
30 1998 68,000,000
31 1999 71,000,000
32 2000 75,000,000
33 2001 80,000,000
34 2002 84,000,000
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1 2003 89,000,000
2 2004 93,000,000
3 2005 97,000,000
4 2006 102,000,000
5 2007 and 108,000,000 106,000,000
6 2008 115,000,000
7 2009 120,000,000
8 2010 126,000,000
9 2011 132,000,000
10 2012 138,000,000
11 2013 and 145,000,000
12 each fiscal year
13 thereafter that bonds
14 are outstanding under
15 Section 13.2 of the
16 Metropolitan Pier and
17 Exposition Authority
18 Act, but not after fiscal year 2029.
19 Beginning July 20, 1993 and in each month of each fiscal
20 year thereafter, one-eighth of the amount requested in the
21 certificate of the Chairman of the Metropolitan Pier and
22 Exposition Authority for that fiscal year, less the amount
23 deposited into the McCormick Place Expansion Project Fund by
24 the State Treasurer in the respective month under subsection
25 (g) of Section 13 of the Metropolitan Pier and Exposition
26 Authority Act, plus cumulative deficiencies in the deposits
27 required under this Section for previous months and years,
28 shall be deposited into the McCormick Place Expansion Project
29 Fund, until the full amount requested for the fiscal year,
30 but not in excess of the amount specified above as "Total
31 Deposit", has been deposited.
32 Subject to payment of amounts into the Build Illinois
33 Fund and the McCormick Place Expansion Project Fund pursuant
34 to the preceding paragraphs or in any amendment thereto
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1 hereafter enacted, each month the Department shall pay into
2 the Local Government Distributive Fund 0.4% of the net
3 revenue realized for the preceding month from the 5% general
4 rate or 0.4% of 80% of the net revenue realized for the
5 preceding month from the 6.25% general rate, as the case may
6 be, on the selling price of tangible personal property which
7 amount shall, subject to appropriation, be distributed as
8 provided in Section 2 of the State Revenue Sharing Act. No
9 payments or distributions pursuant to this paragraph shall be
10 made if the tax imposed by this Act on photoprocessing
11 products is declared unconstitutional, or if the proceeds
12 from such tax are unavailable for distribution because of
13 litigation.
14 Subject to payment of amounts into the Build Illinois
15 Fund, the McCormick Place Expansion Project to the preceding
16 paragraphs or in any amendments thereto hereafter enacted,
17 beginning July 1, 1993, the Department shall each month pay
18 into the Illinois Tax Increment Fund 0.27% of 80% of the net
19 revenue realized for the preceding month from the 6.25%
20 general rate on the selling price of tangible personal
21 property.
22 Of the remainder of the moneys received by the Department
23 pursuant to this Act, 75% thereof shall be paid into the
24 State Treasury and 25% shall be reserved in a special account
25 and used only for the transfer to the Common School Fund as
26 part of the monthly transfer from the General Revenue Fund in
27 accordance with Section 8a of the State Finance Act.
28 The Department may, upon separate written notice to a
29 taxpayer, require the taxpayer to prepare and file with the
30 Department on a form prescribed by the Department within not
31 less than 60 days after receipt of the notice an annual
32 information return for the tax year specified in the notice.
33 Such annual return to the Department shall include a
34 statement of gross receipts as shown by the retailer's last
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1 Federal income tax return. If the total receipts of the
2 business as reported in the Federal income tax return do not
3 agree with the gross receipts reported to the Department of
4 Revenue for the same period, the retailer shall attach to his
5 annual return a schedule showing a reconciliation of the 2
6 amounts and the reasons for the difference. The retailer's
7 annual return to the Department shall also disclose the cost
8 of goods sold by the retailer during the year covered by such
9 return, opening and closing inventories of such goods for
10 such year, costs of goods used from stock or taken from stock
11 and given away by the retailer during such year, payroll
12 information of the retailer's business during such year and
13 any additional reasonable information which the Department
14 deems would be helpful in determining the accuracy of the
15 monthly, quarterly or annual returns filed by such retailer
16 as provided for in this Section.
17 If the annual information return required by this Section
18 is not filed when and as required, the taxpayer shall be
19 liable as follows:
20 (i) Until January 1, 1994, the taxpayer shall be
21 liable for a penalty equal to 1/6 of 1% of the tax due
22 from such taxpayer under this Act during the period to be
23 covered by the annual return for each month or fraction
24 of a month until such return is filed as required, the
25 penalty to be assessed and collected in the same manner
26 as any other penalty provided for in this Act.
27 (ii) On and after January 1, 1994, the taxpayer
28 shall be liable for a penalty as described in Section 3-4
29 of the Uniform Penalty and Interest Act.
30 The chief executive officer, proprietor, owner or highest
31 ranking manager shall sign the annual return to certify the
32 accuracy of the information contained therein. Any person
33 who willfully signs the annual return containing false or
34 inaccurate information shall be guilty of perjury and
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1 punished accordingly. The annual return form prescribed by
2 the Department shall include a warning that the person
3 signing the return may be liable for perjury.
4 The provisions of this Section concerning the filing of
5 an annual information return do not apply to a retailer who
6 is not required to file an income tax return with the United
7 States Government.
8 As soon as possible after the first day of each month,
9 upon certification of the Department of Revenue, the
10 Comptroller shall order transferred and the Treasurer shall
11 transfer from the General Revenue Fund to the Motor Fuel Tax
12 Fund an amount equal to 1.7% of 80% of the net revenue
13 realized under this Act for the second preceding month;
14 except that this transfer shall not be made for the months
15 February through June, 1992.
16 Net revenue realized for a month shall be the revenue
17 collected by the State pursuant to this Act, less the amount
18 paid out during that month as refunds to taxpayers for
19 overpayment of liability.
20 For greater simplicity of administration, manufacturers,
21 importers and wholesalers whose products are sold at retail
22 in Illinois by numerous retailers, and who wish to do so, may
23 assume the responsibility for accounting and paying to the
24 Department all tax accruing under this Act with respect to
25 such sales, if the retailers who are affected do not make
26 written objection to the Department to this arrangement.
27 Any person who promotes, organizes, provides retail
28 selling space for concessionaires or other types of sellers
29 at the Illinois State Fair, DuQuoin State Fair, county fairs,
30 local fairs, art shows, flea markets and similar exhibitions
31 or events, including any transient merchant as defined by
32 Section 2 of the Transient Merchant Act of 1987, is required
33 to file a report with the Department providing the name of
34 the merchant's business, the name of the person or persons
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1 engaged in merchant's business, the permanent address and
2 Illinois Retailers Occupation Tax Registration Number of the
3 merchant, the dates and location of the event and other
4 reasonable information that the Department may require. The
5 report must be filed not later than the 20th day of the month
6 next following the month during which the event with retail
7 sales was held. Any person who fails to file a report
8 required by this Section commits a business offense and is
9 subject to a fine not to exceed $250.
10 Any person engaged in the business of selling tangible
11 personal property at retail as a concessionaire or other type
12 of seller at the Illinois State Fair, county fairs, art
13 shows, flea markets and similar exhibitions or events, or any
14 transient merchants, as defined by Section 2 of the Transient
15 Merchant Act of 1987, may be required to make a daily report
16 of the amount of such sales to the Department and to make a
17 daily payment of the full amount of tax due. The Department
18 shall impose this requirement when it finds that there is a
19 significant risk of loss of revenue to the State at such an
20 exhibition or event. Such a finding shall be based on
21 evidence that a substantial number of concessionaires or
22 other sellers who are not residents of Illinois will be
23 engaging in the business of selling tangible personal
24 property at retail at the exhibition or event, or other
25 evidence of a significant risk of loss of revenue to the
26 State. The Department shall notify concessionaires and other
27 sellers affected by the imposition of this requirement. In
28 the absence of notification by the Department, the
29 concessionaires and other sellers shall file their returns as
30 otherwise required in this Section.
31 (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95;
32 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff.
33 1-1-99; 90-612, eff. 7-8-98.)
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1 Section 30. The Metropolitan Pier and Exposition
2 Authority Act is amended by changing Sections 2, 5, and 13.2
3 as follows:
4 (70 ILCS 210/2) (from Ch. 85, par. 1222)
5 Sec. 2. When used in this Act:
6 "Authority" means Metropolitan Pier and Exposition
7 Authority.
8 "Governmental agency" means the Federal government, State
9 government, and any unit of local government, and any agency
10 or instrumentality, corporate or otherwise, thereof.
11 "Person" means any individual, firm, partnership,
12 corporation, both domestic and foreign, company, association
13 or joint stock association; and includes any trustee,
14 receiver, assignee or personal representative thereof.
15 "Board" means the governing body of the Metropolitan Pier
16 and Exposition Authority.
17 "Governor" means the Governor of the State of Illinois.
18 "Mayor" means the Mayor of the City of Chicago.
19 "Metropolitan area" means all that territory in the State
20 of Illinois lying within the corporate boundaries of the
21 County of Cook.
22 "Navy Pier" means the real property, structures,
23 facilities and improvements located in the City of Chicago
24 commonly known as Navy Pier, as well as property adjacent or
25 appurtenant thereto which may be necessary or convenient for
26 carrying out the purposes of the Authority at that location.
27 "Park District President" means the President of the
28 Board of Commissioners of the Chicago Park District.
29 "Project" means the expansion of existing fair and
30 exposition grounds and facilities of the Authority by
31 additions to the present facilities, by acquisition of the
32 land described below and by the addition of a structure
33 having a floor area of approximately 1,100,000 square feet,
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1 or any part thereof, and such other improvements to be
2 located on land to be acquired, including but not limited to
3 all or a portion of Site A, by connecting walkways or
4 passageways between the present facilities and additional
5 structures, and by acquisition and improvement of Navy Pier.
6 "Expansion Project" means the further expansion of the
7 grounds, buildings, and facilities of the Authority at Site B
8 on Site B, that in the
20 determination of the Authority are appropriate on account of
21 the improvement expansion of the Authority's grounds,
22 buildings, and facilities at Site B. "Expansion Project" also
23 includes the renovation and improvement of the existing
24 grounds, buildings, and facilities of the Authority,
25 including other than Navy Pier.
26 "State" means the State of Illinois.
27 "Site A" means the tract of land comprised of a part of
28 the Illinois Central Railroad Company right-of-way (now known
29 as the "Illinois Central Gulf Railroad") and a part of the
30 submerged lands reclaimed by said Railroad as described in
31 the 1919 Lake Front Ordinance, in the Southeast Fractional
32 Quarter of Section 22, the Southwest Fractional Quarter of
33 Section 22 and the Northeast Fractional Quarter of Section
34 27, Township 39 North, Range 14 East of the Third Principal
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1 Meridian, said tract of land being described as follows:
2 PARCEL A - NORTH AIR RIGHTS PARCEL
3 All of the real property and space, at and above a
4 horizontal plane at an elevation of 33.51 feet above
5 Chicago City Datum, the horizontal limits of which are
6 the planes formed by projecting vertically upward and
7 downward from the surface of the Earth the boundaries of
8 the following described parcel of land:
9 Beginning on the westerly line of said Illinois Central
10 Railroad Company right-of-way at the intersection of the
11 northerly line of the 23rd Street viaduct, being a line
12 60 feet (measured perpendicularly) northerly of and
13 parallel with the centerline of the existing structure,
14 and running thence northwardly along said westerly
15 right-of-way line, a distance of 1500.00 feet; thence
16 eastwardly along a line perpendicular to said westerly
17 right-of-way line, a distance of 418.419 feet; thence
18 southwardly along an arc of a circle, convex to the East,
19 with a radius of 915.13 feet, a distance of 207.694 feet
20 to a point which is 364.092 feet (measured
21 perpendicularly) easterly from said westerly right-of-way
22 line and 1300.00 feet (measured perpendicularly)
23 northerly of said northerly line of the 23rd Street
24 viaduct; thence continuing along an arc of a circle,
25 convex to the East, with a radius of 2008.70 feet, a
26 distance of 154.214 feet to a point which is 301.631 feet
27 (measured perpendicularly) easterly from said westerly
28 right-of-way line and 1159.039 feet (measured
29 perpendicularly) northerly of said northerly line of the
30 23rd Street viaduct; thence southwardly along a straight
31 line a distance of 184.018 feet to a point which is
32 220.680 feet (measured perpendicularly) easterly from
33 said westerly right-of-way line and 993.782 feet
34 (measured perpendicularly) northerly of said northerly
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1 line of the 23rd Street viaduct; thence southwardly along
2 a straight line, a distance of 66.874 feet to a point
3 which is 220.719 feet (measured perpendicularly) easterly
4 from said westerly right-of-way line and 926.908 feet
5 (measured perpendicularly) northerly from the northerly
6 line of the 23rd Street viaduct; thence southwardly along
7 a straight line, a distance of 64.946 feet to a point
8 which is 199.589 feet (measured perpendicularly) easterly
9 from said westerly right-of-way line and 865.496 feet
10 (measured perpendicularly) northerly from said northerly
11 line of the 23rd Street viaduct; thence southwardly along
12 a straight line, a distance of 865.496 feet to a point on
13 said northerly line of the 23rd Street viaduct; which
14 point is 200.088 feet easterly from said westerly
15 right-of-way line, and thence westwardly along the
16 northerly line of said 23rd Street viaduct, said distance
17 of 200.088 feet to the point of beginning.
18 There is reserved from the above described parcel of land
19 a corridor for railroad freight and passenger operations,
20 said corridor is to be limited in width to a distance of
21 10 feet normally distant to the left and to the right of
22 the centerline of Grantor's Northbound Freight Track, and
23 10 feet normally distant to the left and to the right of
24 the centerline of Grantor's Southbound Freight Track, the
25 uppermost limits, or roof, of the railroad freight and
26 passenger corridor shall be established at an elevation
27 of 18 feet above the existing Top of Rail of the
28 aforesaid Northbound and Southbound freight trackage.
29 PARCEL B - 23RD ST. AIR RIGHTS PARCEL
30 All of the real property and space, at and above a
31 horizontal plane which is common with the bottom of the
32 bottom flange of the E. 23rd Street viaduct as it spans
33 Grantor's operating commuter, freight and passenger
34 trackage, the horizontal limits of which are the planes
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1 formed by projecting vertically upward and downward from
2 the surface of the Earth the boundaries of the following
3 described parcel of land:
4 Beginning on the westerly line of said Illinois Central
5 Railroad Company right-of-way at the intersection of the
6 northerly line of the 23rd Street viaduct, being a line
7 60 feet (measured perpendicularly) northerly of and
8 parallel with the centerline of the existing structure,
9 and running thence eastwardly along said northerly line
10 of the 23rd Street viaduct, a distance of 200.088 feet;
11 thence southwardly along a straight line, a distance of
12 120.00 feet to a point on the southerly line of said 23rd
13 Street viaduct (being the southerly line of the easement
14 granted to the South Park Commissioners dated September
15 25, 1922 as document No. 7803194), which point is 199.773
16 feet easterly of said westerly right-of-way line; thence
17 westwardly along said southerly line of the 23rd Street
18 viaduct, said distance of 199.773 feet to the westerly
19 right-of-way line and thence northwardly along said
20 westerly right-of-way line, a distance of 120.00 feet to
21 the point of beginning.
22 PARCEL C - SOUTH AIR RIGHTS PARCEL
23 All of the real property and space, at and above a
24 horizontal plane at an elevation of 34.51 feet above
25 Chicago City Datum, the horizontal limits of which are
26 the planes formed by projecting vertically upward and
27 downward from the surface of the Earth the boundaries of
28 the following described parcel of land:
29 Beginning on the westerly line of said Illinois Central
30 Railroad Company right-of-way at the intersection of the
31 southerly line of the 23rd Street viaduct, being the
32 southerly line of the easement granted to the South Park
33 Commissioners dated September 25, 1922 as document No.
34 7803194) and running thence eastwardly along said South
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1 line of the 23rd Street viaduct, a distance of 199.773
2 feet; thence southerly along a straight line, a distance
3 of 169.071 feet to a point which is 199.328 feet
4 (measured perpendicularly) easterly from said westerly
5 right-of-way line thence southerly along a straight line,
6 whose southerly terminus is a point which is 194.66 feet
7 (measured perpendicularly) easterly from said westerly
8 right-of-way line and 920.105 feet (measured a distance
9 of 493.34 feet; thence westwardly along a straight line,
10 perpendicular to said westerly right-of-way line, a
11 distance of 196.263 feet to said westerly right-of-way
12 line and thence northwardly along the westerly
13 right-of-way, a distance of 662.40 feet to the point of
14 beginning.
15 Parcels A, B and C herein above described containing
16 525,228 square feet (12.0576 acres) of land, more or
17 less.
18 AND,
19 SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55
20 A tract of land comprised of a part of the Illinois
21 Central Railroad Company right-of-way (now known as the
22 "Illinois Central Gulf Railroad") and a part of the
23 submerged lands reclaimed by said Railroads as described
24 in the 1919 Lake Front Ordinance, in the Northeast
25 Fractional Quarter and the Southeast Fractional Quarter
26 of Section 27, Township 39 North, Range 14 East of the
27 Third Principal Meridian, said tract of land being
28 described as follows:
29 Beginning at a point on the North line of the 31st Street
30 viaduct, being a line 50.00 feet (measured
31 perpendicularly) northerly of and parallel with the South
32 line of said Southeast Fractional Quarter of Section 27,
33 which point is 163.518 feet (measured along the northerly
34 line of said viaduct) easterly of the westerly line of
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1 said Illinois Central Railroad Company, and running
2 thence northwardly along a straight line, a distance of
3 1903.228 feet, to a point which is 156.586 feet easterly,
4 and 1850.555 feet northerly of the intersection of said
5 westerly right-of-way line with the northerly line of
6 said 31st Street viaduct, as measured along said westerly
7 line and a line perpendicular thereto; thence northwardly
8 along a straight line, a distance of 222.296 feet, to a
9 point which is 148.535 feet easterly, and 2078.705 feet
10 northerly of the intersection of said westerly
11 right-of-way line with the northerly line of said 31st
12 Street viaduct, as measured along said westerly line and
13 a line perpendicular thereto; thence northwardly along a
14 straight line, a distance of 488.798 feet, to a point
15 which is 126.789 feet easterly, and 2567.019 feet
16 northerly of the intersection of said westerly
17 right-of-way line with the northerly line of said 31st
18 Street viaduct, as measured along said westerly line and
19 a line perpendicular thereto; thence northwardly along a
20 straight line, a distance of 458.564 feet, to a point
21 which is 126.266 feet easterly and 3025.583 feet
22 northerly of the intersection of said westerly
23 right-of-way line with the northerly line of said 31st
24 Street viaduct, as measured along said westerly line and
25 a line perpendicular thereto; thence northwardly along a
26 straight line, a distance of 362.655 feet, to a point
27 which is 143.70 feet easterly, and 3387.819 feet
28 northerly of the intersection of said westerly
29 right-of-way line with the northerly line of said 31st
30 street viaduct, as measured along said westerly line and
31 a line perpendicular thereto; thence northwardly along a
32 straight line, whose northerly terminus is a point which
33 is 194.66 feet (measured perpendicularly) easterly from
34 said westerly right-of-way line and 920.105 feet
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1 (measured perpendicularly) South from the southerly line
2 of the 23rd Street viaduct (being the southerly line of
3 the easement granted to the South Park Commissioners
4 dated September 25, 1922 as document No. 7803194) a
5 distance of 335.874 feet to an intersection with a
6 northerly line of the easement for the overhead structure
7 of the Southwest Expressway System (as described in
8 Judgement Order No. 67 L 13579 in the Circuit Court of
9 Cook County), said northerly line extending from a point
10 on said westerly right-of-way line, 142.47 feet (measured
11 perpendicularly) North of the intersection of said line
12 with the easterly extension of the North line of East
13 25th Street (as shown in Walker Bros. Addition to
14 Chicago, a subdivision in the Northeast Fractional
15 Quarter of Section 27 aforesaid) to a point which is
16 215.07 feet (measured perpendicularly) North of said
17 easterly extension of the North line of E. 25th Street
18 and 396.19 feet (measured perpendicularly) westerly of
19 the westerly line of Burnham Park (as said westerly line
20 is described by the City of Chicago by ordinance passed
21 July 21, 1919 and recorded on March 5, 1920 in the Office
22 of the Recorder of Deeds of Cook County, Illinois as
23 document No. 6753370); thence northeastwardly along the
24 northerly line of the easement aforesaid, a distance of
25 36.733 feet to said point which is 215.07 feet (measured
26 perpendicularly) North of said easterly extension of the
27 North line of E. 25th Street and 396.19 feet (measured
28 perpendicularly) westerly of said westerly line of
29 Burnham Park; thence northeastwardly continuing along
30 said easement line, being a straight line, a distance of
31 206.321 feet to a point which is 352.76 feet (measured
32 perpendicularly) North of said easterly extension of the
33 North line of E. 25th Street and 211.49 feet (measured
34 perpendicularly) westerly of said westerly line of
-71- LRB9106286JMmbam01
1 Burnham Park; thence northeastwardly continuing along
2 said easement line, being a straight line, a distance of
3 206.308 feet to a point which is 537.36 feet (measured
4 perpendicularly) North of said easterly extension of the
5 North line of E. 25th Street and 73.66 feet (measured
6 perpendicularly) westerly of said westerly line of
7 Burnham Park; thence northeastwardly continuing along
8 said easement line, being a straight line, a distance of
9 219.688 feet to a point on said westerly line of Burnham
10 Park, which point is 756.46 feet (measured
11 perpendicularly) North of said easterly extension of the
12 North line of E. 25th Street; thence southwardly along
13 said westerly line of Burnham Park, being here a straight
14 line whose southerly terminus is that point which is
15 308.0 feet (measured along said line) South of the
16 intersection of said line with the North line of 29th
17 Street, extended East, a distance of 3185.099 feet to a
18 point which is 89.16 feet North of aforesaid southerly
19 terminus; thence southwestwardly along an arc of a
20 circle, convex to the Southeast, tangent to last
21 described line and having a radius of 635.34 feet, a
22 distance of 177.175 feet to a point on that westerly line
23 of Burnham Park which extends southerly from aforesaid
24 point 308.0 feet South of the North line of 29th Street,
25 extended East, to a point on the North line of East 31st
26 Street extended East, which is 250.00 feet (measured
27 perpendicularly) easterly of said westerly right-of-way
28 line; thence southwardly along said last described
29 westerly line of Burnham Park, a distance of 857.397 feet
30 to a point which is 86.31 feet (measured along said line)
31 northerly of aforesaid point on the North line of East
32 31st Street extended East; thence southeastwardly along
33 the arc of a circle, convex to the West, tangent to last
34 described line and having a radius of 573.69 feet, a
-72- LRB9106286JMmbam01
1 distance of 69.426 feet to a point on the north line of
2 the aforementioned 31st Street viaduct, and thence West
3 along said North line, a distance of 106.584 feet to the
4 point of beginning, in Cook County, Illinois.
5 Containing 1,527,996 square feet (35.0780 acres) of land,
6 more or less.
7 AND
8 NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55
9 A tract of land comprised of a part of the Illinois
10 Central Railroad Company right-of-way (now known as the
11 "Illinois Central Gulf Railroad") and a part of the
12 submerged lands reclaimed by said Railroad as described
13 in the 1919 Lake Front Ordinance, in the Northwest
14 Fractional Quarter of Section 22, the Southwest
15 Fractional Quarter of Section 22, the Southeast
16 Fractional Quarter of Section 22 and the Northwest
17 Fractional Quarter of Section 27, Township 39 North,
18 Range 14 East of the Third Principal Meridian, said tract
19 of land being described as follows:
20 PARCEL A-NORTH OF 23RD STREET
21 Beginning on the easterly line of said Illinois Central
22 Railroad Company right-of-way (being also the westerly
23 line of Burnham Park as said westerly line is described
24 in the 1919 Lake Front Ordinance), at the intersection of
25 the northerly line of the 23rd Street viaduct, being a
26 line 60.00 feet (measured perpendicularly) northerly of
27 and parallel with the centerline of the existing
28 structure, and running thence northwardly along said
29 easterly right-of-way line, a distance of 2270.472 feet
30 to an intersection with the North line of E. 18th Street,
31 extended East, a point 708.495 feet (as measured along
32 said North line of E. 18th Street, extended East) East
33 from the westerly right-of-way line of said railroad;
34 thence continuing northwardly along said easterly
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1 right-of-way line, on a straight line which forms an
2 angle to the left of 00 degrees 51 minutes 27 seconds
3 with last described course, a distance of 919.963 feet;
4 thence westwardly along a straight line which forms an
5 angle of 73 degrees 40 minutes 14 seconds from North to
6 West with last described line, a distance of 86.641 feet;
7 thence southwardly along the arc of a circle, convex to
8 the East with a radius of 2448.29 feet, a distance of
9 86.233 feet to a point which is 100.767 feet westerly and
10 859.910 feet northerly of the intersection of said
11 easterly right-of-way line with the North line of E. 18th
12 Street, extended East, as measured along said easterly
13 line and a line perpendicular thereto; thence southwardly
14 along a straight line, tangent to last described arc of a
15 circle, a distance of 436.277 feet to a point which is
16 197.423 feet westerly and 434.475 feet northerly of the
17 intersection of said easterly right-of-way line with the
18 North line of E. 18th Street, extended East, as measured
19 along said easterly line and a line perpendicular
20 thereto; thence southeastwardly along the arc of a
21 circle, convex to the West, tangent to last described
22 straight line and having a radius of 1343.75 feet, a
23 distance of 278.822 feet to a point which is 230.646 feet
24 westerly and 158.143 feet northerly of the intersection
25 of said easterly right-of-way line with the North line of
26 E. 18th Street, extended East, as measured along said
27 easterly line and a line perpendicular thereto; thence
28 southwardly along a straight line, tangent to last
29 described arc of a circle, a distance of 722.975 feet to
30 a point which is 434.030 feet (measured perpendicularly)
31 easterly from the westerly line of said Illinois Central
32 Railroad right-of-way and 1700.466 feet (measured
33 perpendicular) northerly of the aforementioned northerly
34 line of the 23rd Street viaduct; thence southwardly along
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1 the arc of a circle, convex to the East, tangent to last
2 described straight line, with a radius of 2008.70 feet, a
3 distance of 160.333 feet to a point which is 424.314 feet
4 (reassured perpendicularly) easterly from said westerly
5 right-of-way line and 1546.469 feet (measured
6 perpendicularly) northerly of said North line of the
7 23rd Street viaduct; thence southwardly along an arc of a
8 circle, convex to the East with a radius of 915.13 feet,
9 a distance of 254.54 feet to a point which is 364.092
10 feet (measured perpendicularly) easterly from said
11 westerly right-of-way line and 1300.00 feet (measured
12 perpendicularly) northerly of said northerly line of the
13 23rd Street viaduct; thence continuing along an arc of a
14 circle, convex to the East, with a radius of 2008.70
15 feet, a distance of 154.214 feet to a point which is
16 301.631 feet (measured perpendicularly) easterly from
17 said westerly right-of-way line and 1159.039 feet
18 (measured perpendicularly) northerly of said northerly
19 line of the 23rd Street viaduct; thence southwardly along
20 a straight line, a distance of 184.018 feet to a point
21 which is 220.680 feet (measured perpendicularly) easterly
22 from said westerly right-of-way line and 993.782 feet
23 (measured perpendicularly) northerly from said northerly
24 line of the 23rd Street viaduct; thence southwardly along
25 a straight line, a distance of 66.874 feet to a point
26 which is 220.719 feet (measured perpendicularly) easterly
27 from said westerly right-of-way line and 926.908 feet
28 (measured perpendicularly) northerly from the northerly
29 line of the 23rd Street viaduct; thence southwardly along
30 a straight line, a distance of 64.946 feet to a point
31 which is 199.589 feet (measured perpendicularly) easterly
32 from said westerly right-of-way line and 865.496 feet
33 (measured perpendicularly) northerly from said northerly
34 line of the 23rd Street viaduct; thence southwardly along
-75- LRB9106286JMmbam01
1 a straight line, a distance of 865.496 feet to a point on
2 said northerly line of the 23rd Street viaduct, which is
3 200.088 feet easterly from said westerly right-of-way
4 line; and thence eastwardly along the northerly line of
5 said 23rd Street viaduct, a distance of 433.847 feet to
6 the point of beginning.
7 PARCEL B - WEST 23RD STREET
8 Beginning on the easterly line of said Illinois Central
9 Railroad Company right-of-way (being also the westerly
10 line of Burnham Park, as said westerly line is described
11 in the 1919 Lake Front Ordinance), at the intersection of
12 the northerly line of the 23rd Street viaduct, being a
13 line 60.00 feet (measured perpendicularly) northerly of
14 and parallel with the centerline of the existing
15 structure; and running thence westwardly along the
16 northerly line of said 23rd Street viaduct, a distance of
17 433.847 feet, to a point 200.088 feet easterly from the
18 westerly line of said Illinois Central Railroad
19 right-of-way; thence southwardly along a straight line, a
20 distance of 120.00 feet to a point on the southerly line
21 of said 23rd Street viaduct (being the southerly line of
22 the easement granted to the South Park Commissioners
23 dated September 25, 1922 as document No. 7803194), which
24 point is 199.773 feet easterly of said westerly
25 right-of-way line; thence eastwardly along said southerly
26 line of the 23rd Street viaduct, a distance of 431.789
27 feet to said easterly right-of-way line; and thence
28 northwardly along said easterly right-of-way line a
29 distance of 120.024 feet to the point of beginning,
30 excepting therefrom that part of the land, property and
31 space conveyed to Amalgamated Trust and Savings Bank by
32 deed recorded September 21, 1970 as document No.
33 21270060, in Cook County, Illinois.
34 PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE
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1 OF I-55
2 Beginning on the easterly line of said Illinois Central
3 Railroad Company right-of-way at the intersection of the
4 southerly line of the 23rd Street viaduct (being the
5 southerly line of the easement granted to the South Park
6 Commissioners dated September 25, 1922 as document No.
7 7803194); and running thence westwardly along said
8 southerly line of the 23rd Street viaduct, a distance of
9 431.789 feet, to a point 199.773 feet easterly from the
10 westerly line of said Illinois Central Railroad
11 right-of-way; thence southwardly along a straight line, a
12 distance of 169.071 feet to a point which is 199.328 feet
13 (measured perpendicularly) easterly from said westerly
14 right-of-way line; thence southwardly along a straight
15 line, a distance of 751.05 feet to a point which is
16 194.66 feet (measured perpendicularly) easterly from said
17 westerly right-of-way line and 920.105 feet (measured
18 perpendicularly) southerly from said southerly line of
19 the 23rd Street viaduct; thence southwardly along a
20 straight line whose southerly terminus is a point which
21 is 143.70 feet easterly from said westerly right-of-way
22 line and 3387.819 feet northerly of the intersection of
23 said westerly right-of-way line with the northerly line
24 of the 31st Street viaduct, (being a line 50.00 feet,
25 measured perpendicularly, northerly of and parallel with
26 the South line of the Southeast Fractional Quarter of
27 said Section 27), as measured along said westerly line
28 and a line perpendicular thereto, a distance of 179.851
29 feet to an intersection with a northerly line of the
30 easement for the overhead bridge structure of the
31 Southwest Expressway System (as described in Judgment
32 Order No. 67 L 13579 in the Circuit Court of Cook
33 County), said northerly line extending from a point of
34 said westerly right-of-way line, which is 142.47 feet
-77- LRB9106286JMmbam01
1 (measured perpendicularly) North of the easterly
2 extension of the North line of E. 25th Street (as shown
3 in Walker Bros. Addition to Chicago, a subdivision in the
4 Northeast Fractional Quarter of Section 27 aforesaid) to
5 a point which is 215.07 feet (measured perpendicularly)
6 North of said easterly extension of the North line of E.
7 25th Street and 396.19 feet (measured perpendicularly)
8 westerly of the easterly line of said Illinois central
9 Railroad right-of-way (being also the westerly line of
10 Burnham Park, as said westerly line is described by the
11 City of Chicago by ordinance passed July 21, 1919 and
12 recorded on March 5, 1920 in the Office of the Recorder
13 of Deeds of Cook County, Illinois, as document No.
14 6753370); thence northeastwardly along the northerly line
15 of the easement aforesaid, a distance of 36.733 feet to a
16 said point which is 215.07 feet (measured
17 perpendicularly) North of said easterly extension of the
18 North line of E. 25th Street and 396.19 feet (measured
19 perpendicularly) westerly of said easterly right-of-way
20 line; thence northeastwardly continuing along said
21 easement line, being a straight line, a distance of
22 206.321 feet to a point which is 352.76 feet (measured
23 perpendicularly) North of said easterly extension of the
24 North line of E. 25th Street and 211.49 feet (measured
25 perpendicularly) westerly of said easterly right-of-way
26 line; thence northeastwardly continuing along said
27 easement line, being a straight line, a distance of
28 206.308 feet to a point which is 537.36 feet (measured
29 perpendicularly) North of said easterly extension of the
30 North line of E. 25th Street and 73.66 feet (measured
31 perpendicularly) westerly of said easterly right-of-way
32 line; thence northeastwardly continuing along said
33 easement line, being a straight line, a distance of
34 219.688 feet to a point on said easterly right-of-way
-78- LRB9106286JMmbam01
1 line, which point is 756.46 feet (measured
2 perpendicularly) North of said easterly extension of the
3 North line of E. 25th Street; and thence northwardly
4 along said easterly right-of-way line, a distance of
5 652.596 feet, to the point of beginning. Excepting
6 therefrom that part of the land, property and space
7 conveyed to Amalgamated Trust Savings Bank, as Trustee,
8 under a trust agreement dated January 12, 1978 and known
9 as Trust No. 3448, in Cook County, Illinois.
10 PARCEL D
11 All the space within the boundaries of the following
12 described perimeter between the horizontal plane of plus
13 27.00 feet and plus 47.3 feet Chicago City Datum:
14 Commencing at the Northeast corner of Lot 3 in Block 1 in
15 McCormick City Subdivision being a resubdivision of
16 McCormick Inn Subdivision (recorded September 26, 1962 as
17 Document No. 18601678) and a subdivision of adjacent
18 lands recorded January 12, 1971 as Document No. 21369281
19 in Section 27, Township 39 North, Range 14, East of the
20 Third Principal Meridian, thence Westerly along the
21 Northerly line of said McCormick Inn Subdivision to a
22 point which is 77 feet East of the Westerly line of
23 McCormick Inn Subdivision (lying at +27.00 feet C.C.D.)
24 for a place of beginning; thence Westerly a distance of
25 77.00 feet above the horizontal plane +27.00 feet above
26 Chicago City Datum and below +47.3 feet above Chicago
27 City Datum to the Northwest corner of McCormick Inn
28 Subdivision; thence South along the West line of
29 McCormick Inn Subdivision a distance of 36 feet to a
30 point; thence East 23 feet to a point along a line which
31 is perpendicular to the last described line; thence North
32 12 feet to a point along a line which is perpendicular to
33 the last described line; thence East 54 feet to a point
34 along a line which is perpendicular to the last described
-79- LRB9106286JMmbam01
1 line; thence North 24 feet along a line which is
2 perpendicular to the last described line to the place of
3 beginning. (Parcel D has been included in this Act to
4 provide a means for the Authority to acquire an easement
5 or fee title to a part of McCormick Inn to permit the
6 construction of the pedestrian spine to connect the
7 Project with Donnelley Hall.)
8 Containing 1,419,953 square feet (32.5970 acres) of land,
9 more or less.
10 "Site B" means an area of land (including all air rights
11 related thereto) in the City of Chicago, Cook County,
12 Illinois, within the following boundaries:
13 Beginning at the intersection of the north line of
14 East Cermak Road and the center line of South Indiana
15 Avenue; thence east along the north line of East Cermak
16 Road and continuing along said line as said north line of
17 East Cermak Road is extended, to its intersection with
18 the westerly line of the right-of-way of the Illinois
19 Central Gulf Railroad; thence southeasterly along said
20 line to its intersection with the north line of the
21 Twenty-third Street viaduct; thence northeasterly along
22 said line to its intersection with the easterly line of
23 the right-of-way of the Illinois Central Gulf Railroad;
24 thence southeasterly along said line to the point of
25 intersection with the west line of the right-of-way of
26 the Adlai E. Stevenson Expressway; thence southwesterly
27 along said line and then west along the inside curve of
28 the west and north lines of the right-of-way of the Adlai
29 E. Stevenson Expressway, following the curve of said
30 right-of-way, and continuing along the north line of the
31 right-of-way of the Adlai E. Stevenson Expressway to its
32 intersection with the center line of South Indiana
33 Avenue; thence northerly along said line to the point of
34 beginning.
-80- LRB9106286JMmbam01
1 ALSO
2 Beginning at the intersection of the center line of
3 East Cermak Road at its intersection with the center line
4 of South Indiana Avenue; thence northerly along the
5 center line of South Indiana Avenue to its intersection
6 with the center line of East Twenty-first Street; thence
7 easterly along said line to its intersection with the
8 center line of South Prairie Avenue; thence south along
9 said line to its intersection with the center line of
10 East Cermak Road; thence westerly along said line to the
11 point of beginning.
12 (Source: P.A. 86-17; 87-733.)
13 (70 ILCS 210/5) (from Ch. 85, par. 1225)
14 Sec. 5. The Metropolitan Pier and Exposition Authority
15 shall also have the following rights and powers:
16 (a) To accept from Chicago Park Fair, a
17 corporation, an assignment of whatever sums of money it
18 may have received from the Fair and Exposition Fund,
19 allocated by the Department of Agriculture of the State
20 of Illinois, and Chicago Park Fair is hereby authorized
21 to assign, set over and transfer any of those funds to
22 the Metropolitan Pier and Exposition Authority. The
23 Authority has the right and power hereafter to receive
24 sums as may be distributed to it by the Department of
25 Agriculture of the State of Illinois from the Fair and
26 Exposition Fund pursuant to the provisions of Sections 5,
27 6i, and 28 of the State Finance Act. All sums received
28 by the Authority shall be held in the sole custody of the
29 secretary-treasurer of the Metropolitan Pier and
30 Exposition Board.
31 (b) To accept the assignment of, assume and execute
32 any contracts heretofore entered into by Chicago Park
33 Fair.
-81- LRB9106286JMmbam01
1 (c) To acquire, own, construct, equip, lease,
2 operate and maintain grounds, buildings and facilities to
3 carry out its corporate purposes and duties, and to carry
4 out or otherwise provide for the recreational, cultural,
5 commercial or residential development of Navy Pier, and
6 to fix and collect just, reasonable and nondiscriminatory
7 charges for the use thereof. The charges so collected
8 shall be made available to defray the reasonable expenses
9 of the Authority and to pay the principal of and the
10 interest upon any revenue bonds issued by the Authority.
11 The Authority shall be subject to and comply with the
12 Lake Michigan and Chicago Lakefront Protection Ordinance,
13 the Chicago Building Code, the Chicago Zoning Ordinance,
14 and all ordinances and regulations of the City of Chicago
15 contained in the following Titles of the Municipal Code
16 of Chicago: Businesses, Occupations and Consumer
17 Protection; Health and Safety; Fire Prevention; Public
18 Peace, Morals and Welfare; Utilities and Environmental
19 Protection; Streets, Public Ways, Parks, Airports and
20 Harbors; Electrical Equipment and Installation; Housing
21 and Economic Development (only Chapter 5-4 thereof); and
22 Revenue and Finance (only so far as such Title pertains
23 to the Authority's duty to collect taxes on behalf of the
24 City of Chicago).
25 (d) To enter into contracts treating in any manner
26 with the objects and purposes of this Act.
27 (e) To lease any buildings to the Adjutant General
28 of the State of Illinois for the use of the Illinois
29 National Guard or the Illinois Naval Militia.
30 (f) To exercise the right of eminent domain by
31 condemnation proceedings in the manner provided by
32 Article VII of the Code of Civil Procedure, including,
33 with respect to Site B only, the authority to exercise
34 quick take condemnation by immediate vesting of title
-82- LRB9106286JMmbam01
1 under Sections 7-103 through 7-112 of the Code of Civil
2 Procedure, to acquire any privately owned real or
3 personal property and, with respect to Site B only,
4 public property used for rail transportation purposes
5 (but no such taking of such public property shall, in the
6 reasonable judgment of the owner, interfere with such
7 rail transportation) for the lawful purposes of the
8 Authority in Site A, at Navy Pier, and at Site B. Just
9 compensation for property taken or acquired under this
10 paragraph shall be paid in money or, notwithstanding any
11 other provision of this Act and with the agreement of the
12 owner of the property to be taken or acquired, the
13 Authority may convey substitute property or interests in
14 property or enter into agreements with the property
15 owner, including leases, licenses, or concessions, with
16 respect to any property owned by the Authority, or may
17 provide for other lawful forms of just compensation to
18 the owner. Any property acquired in condemnation
19 proceedings shall be used only as provided in this Act.
20 Except as otherwise provided by law, the City of Chicago
21 shall have a right of first refusal prior to any sale of
22 any such property by the Authority to a third party other
23 than substitute property. The Authority shall develop and
24 implement a relocation plan for businesses displaced as a
25 result of the Authority's acquisition of property. The
26 relocation plan shall be substantially similar to
27 provisions of the Uniform Relocation Assistance and Real
28 Property Acquisition Act and regulations promulgated
29 under that Act relating to assistance to displaced
30 businesses. To implement the relocation plan the
31 Authority may acquire property by purchase or gift or may
32 exercise the powers authorized in this subsection (f),
33 except the immediate vesting of title under Sections
34 7-103 through 7-112 of the Code of Civil Procedure, to
-83- LRB9106286JMmbam01
1 acquire substitute private property within one mile of
2 Site B for the benefit of displaced businesses located on
3 property being acquired by the Authority. However, no
4 such substitute property may be acquired by the Authority
5 unless the mayor of the municipality in which the
6 property is located certifies in writing that the
7 acquisition is consistent with the municipality's land
8 use and economic development policies and goals. The
9 acquisition of substitute property is declared to be for
10 public use. In exercising the powers authorized in this
11 subsection (f), the Authority shall use its best efforts
12 to relocate businesses within the area of McCormick Place
13 or, failing that, within the City of Chicago.
14 (g) To enter into contracts relating to
15 construction projects which provide for the delivery by
16 the contractor of a completed project, structure,
17 improvement, or specific portion thereof, for a fixed
18 maximum price, which contract may provide that the
19 delivery of the project, structure, improvement, or
20 specific portion thereof, for the fixed maximum price is
21 insured or guaranteed by a third party capable of
22 completing the construction.
23 (h) To enter into agreements with any person with
24 respect to the use and occupancy of the grounds,
25 buildings, and facilities of the Authority, including
26 concession, license, and lease agreements on terms and
27 conditions as the Authority determines. Notwithstanding
28 Section 24, agreements with respect to the use and
29 occupancy of the grounds, buildings, and facilities of
30 the Authority for a term of more than one year shall be
31 entered into in accordance with the procurement process
32 provided for in Section 25.1.
33 (i) To enter into agreements with any person with
34 respect to the operation and management of the grounds,
-84- LRB9106286JMmbam01
1 buildings, and facilities of the Authority or the
2 provision of goods and services on terms and conditions
3 as the Authority determines.
4 (j) After conducting the procurement process
5 provided for in Section 25.1, to enter into one or more
6 contracts to provide for the design and construction of
7 all or part of the Authority's Expansion Project grounds,
8 buildings, and facilities. Any contract for design and
9 construction of the Expansion Project shall be in the
10 form authorized by subsection (g), shall be for a fixed
11 maximum price not in excess of the funds that are
12 authorized to be made available under the provisions of
13 this amendatory Act of 1991 for those purposes during the
14 term of the contract, and shall be entered into before
15 commencement of construction.
16 (k) To enter into agreements, including project
17 agreements with labor unions, that the Authority deems
18 necessary to complete the Expansion Project or any other
19 construction or improvement project in the most timely
20 and efficient manner and without strikes, picketing, or
21 other actions that might cause disruption or delay and
22 thereby add to the cost of the project.
23 (l) Nothing in this amendatory Act of 1991 shall be
24 construed to authorize the Authority to spend the proceeds of
25 any bonds or notes issued under Section 13.2 or any taxes
26 levied under Section 13 this amendatory Act of 1991 to
27 construct a stadium to be leased to or used by professional
28 sports teams.
29 (Source: P.A. 87-733; 88-193; revised 10-31-98.)
30 (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
31 Sec. 13.2. The McCormick Place Expansion Project Fund is
32 created in the State Treasury. All moneys in the McCormick
33 Place Expansion Project Fund are allocated to and shall be
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1 appropriated and used only for the purposes authorized by and
2 subject to the limitations and conditions of this Section
3 subsection. Those amounts may be appropriated by law to the
4 Authority for the purposes of paying the debt service
5 requirements on all bonds and notes, including refunding
6 bonds and notes issued to refund or advance refund bonds and
7 notes issued under this Section or issued to refund or
8 advance refund bonds and notes otherwise issued under this
9 Act, (collectively referred to as "bonds") to be issued by
10 the Authority under this Section in an aggregate original
11 principal amount (excluding the amount of any refunding bonds
12 and notes issued to refund or advance refund bonds or notes
13 issued under this Section) not to exceed $1,307,000,000
14 $1,037,000,000 for the purposes of carrying out and
15 performing its duties and exercising its powers under this
16 Act. No refunding bonds issued to refund or advance refund
17 bonds issued under this Section may mature later than the
18 longest maturity date of the series of bonds being refunded.
19 After the aggregate original principal amount of bonds
20 authorized in this Section subsection has been issued, the
21 payment of any principal amount of such bonds does not
22 authorize the issuance of additional bonds (except refunding
23 bonds).
24 On the first day of each month commencing after July 1,
25 1993, amounts, if any, on deposit in the McCormick Place
26 Expansion Project Fund shall, subject to appropriation, be
27 paid in full to the Authority or, upon its direction, to the
28 trustee or trustees for bondholders of bonds that by their
29 terms are payable from the moneys received from the McCormick
30 Place Expansion Project Fund, until an amount equal to 100%
31 of the aggregate amount of the principal and interest in the
32 fiscal year, including that pursuant to sinking fund
33 requirements, has been so paid and deficiencies in reserves
34 shall have been remedied.
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1 The State of Illinois pledges to and agrees with the
2 holders of the bonds of the Metropolitan Pier and Exposition
3 Authority issued under this Section that the State will not
4 limit or alter the rights and powers vested in the Authority
5 by this Act so as to impair the terms of any contract made by
6 the Authority with those holders or in any way impair the
7 rights and remedies of those holders until the bonds,
8 together with interest thereon, interest on any unpaid
9 installments of interest, and all costs and expenses in
10 connection with any action or proceedings by or on behalf of
11 those holders are fully met and discharged; provided that any
12 increase in the Tax Act Amounts specified in Section 3 of the
13 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
14 Section 9 of the Service Use Tax Act, and Section 9 of the
15 Service Occupation Tax Act required to be deposited into the
16 Build Illinois Bond Account in the Build Illinois Fund
17 pursuant to any law hereafter enacted shall not be deemed to
18 impair the rights of such holders so long as the increase
19 does not result in the aggregate debt service payable in the
20 current or any future fiscal year of the State on all bonds
21 issued pursuant to the Build Illinois Bond Act and the
22 Metropolitan Pier and Exposition Authority Act and payable
23 from tax revenues specified in Section 3 of the Retailers'
24 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9
25 of the Service Use Tax Act, and Section 9 of the Service
26 Occupation Tax Act exceeding 33 1/3% of such tax revenues for
27 the most recently completed fiscal year of the State at the
28 time of such increase. In addition, the State pledges to and
29 agrees with the holders of the bonds of the Authority issued
30 under this Section that the State will not limit or alter the
31 basis on which State funds are to be paid to the Authority as
32 provided in this Act or the use of those funds so as to
33 impair the terms of any such contract; provided that any
34 increase in the Tax Act Amounts specified in Section 3 of the
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1 Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
2 Section 9 of the Service Use Tax Act, and Section 9 of the
3 Service Occupation Tax Act required to be deposited into the
4 Build Illinois Bond Account in the Build Illinois Fund
5 pursuant to any law hereafter enacted shall not be deemed to
6 impair the terms of any such contract so long as the increase
7 does not result in the aggregate debt service payable in the
8 current or any future fiscal year of the State on all bonds
9 issued pursuant to the Build Illinois Bond Act and the
10 Metropolitan Pier and Exposition Authority Act and payable
11 from tax revenues specified in Section 3 of the Retailers'
12 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9
13 of the Service Use Tax Act, and Section 9 of the Service
14 Occupation Tax Act exceeding 33 1/3% of such tax revenues for
15 the most recently completed fiscal year of the State at the
16 time of such increase. The Authority is authorized to include
17 these pledges and agreements with the State in any contract
18 with the holders of bonds issued under this Section.
19 The State shall not be liable on bonds of the Authority
20 issued under this Section those bonds shall not be a debt of
21 the State, and this Act shall not be construed as a guarantee
22 by the State of the debts of the Authority. The bonds shall
23 contain a statement to this effect on the face of the bonds.
24 (Source: P.A. 90-612, eff. 7-8-98.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".