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91_SB1707
LRB9112999SMdv
1 AN ACT to amend the Retailers' Occupation Tax Act by
2 changing Section 5k.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Retailers' Occupation Tax Act is amended
6 by changing Section 5k as follows:
7 (35 ILCS 120/5k) (from Ch. 120, par. 444k)
8 Sec. 5k. Each retailer in Illinois whose place a
9 business is within a county or municipality which has
10 established an Enterprise Zone pursuant to the "Illinois
11 Enterprise Zone Act" and who makes a sale of building
12 materials to be incorporated into real estate in an such
13 enterprise zone established by a county or municipality under
14 the Illinois Enterprise Zone Act by remodeling,
15 rehabilitation or new construction, may deduct receipts from
16 such sales when calculating the tax imposed by this Act. The
17 deduction allowed by this Section for the sale of building
18 materials may be limited, to the extent authorized by
19 ordinance, adopted after the effective date of this
20 amendatory Act of 1992, by the municipality or county that
21 created the enterprise zone in which the retailers' place of
22 business is located. The corporate authorities of any
23 municipality or county that adopts an ordinance or resolution
24 imposing or changing any limitation on the enterprise zone
25 exemption for building materials shall transmit to the
26 Department of Revenue on or not later than 5 days after
27 publication, as provided by law, a certified copy of the
28 ordinance or resolution imposing or changing those
29 limitations, whereupon the Department of Revenue shall
30 proceed to administer and enforce those limitations effective
31 the first day of the second calendar month next following
-2- LRB9112999SMdv
1 date of receipt by the Department of the certified ordinance
2 or resolution. The provisions of this Section are exempt
3 from Section 2-70.
4 (Source: P.A. 91-51, eff. 6-30-99.)
5 Section 90. The State Mandates Act is amended by adding
6 Section 8.24 as follows:
7 (30 ILCS 805/8.24 new)
8 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
9 and 8 of this Act, no reimbursement by the State is required
10 for the implementation of any mandate created by this
11 amendatory Act of the 91st General Assembly.