State of Illinois
91^st General Assembly
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91_SB1707eng

 
SB1707 Engrossed                               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 retailer's 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
 
SB1707 Engrossed            -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.

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