Bill Amendment: IL SB2023 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: BANKING-CANNABIS BUSINESSES
Status: 2019-08-09 - Public Act . . . . . . . . . 101-0363 [SB2023 Detail]
Download: Illinois-2019-SB2023-House_Amendment_002.html
Bill Title: BANKING-CANNABIS BUSINESSES
Status: 2019-08-09 - Public Act . . . . . . . . . 101-0363 [SB2023 Detail]
Download: Illinois-2019-SB2023-House_Amendment_002.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 2023
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2023, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 65, immediately below line 20, by inserting the | ||||||
5 | following:
| ||||||
6 | "Section 33. If and only if House Bill 1438 of the 101st | ||||||
7 | General Assembly becomes law, then the Counties Code is amended | ||||||
8 | by changing Section 5-1006.8 as follows:
| ||||||
9 | (55 ILCS 5/5-1006.8) | ||||||
10 | Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax | ||||||
11 | Law. | ||||||
12 | (a) This Section may be referred to as the County Cannabis | ||||||
13 | Retailers' Occupation Tax Law. On and after January 1, 2020, | ||||||
14 | the corporate authorities of any county may, by ordinance, | ||||||
15 | impose a tax upon all persons engaged in the business of | ||||||
16 | selling cannabis, other than cannabis purchased under the |
| |||||||
| |||||||
1 | Compassionate Use of Medical Cannabis Pilot Program Act, at | ||||||
2 | retail in the county on the gross receipts from these sales | ||||||
3 | made in the course of that business. If imposed, the tax shall | ||||||
4 | be imposed only in 0.25% increments. The tax rate may not | ||||||
5 | exceed: (i) 3.75% of the gross receipts of sales made in | ||||||
6 | unincorporated areas of the county ; and (ii) 3% 0.75% of the | ||||||
7 | gross receipts of sales made in a municipality located in the | ||||||
8 | county a non-home rule county; and (iii) 3% of gross sales | ||||||
9 | receipts made in a municipality located in a home rule county . | ||||||
10 | The tax imposed under this Section and all civil penalties that | ||||||
11 | may be assessed as an incident of the tax shall be collected | ||||||
12 | and enforced by the Department of Revenue. The Department of | ||||||
13 | Revenue shall have full power to administer and enforce this | ||||||
14 | Section; to collect all taxes and penalties due hereunder; to | ||||||
15 | dispose of taxes and penalties so collected in the manner | ||||||
16 | hereinafter provided; and to determine all rights to credit | ||||||
17 | memoranda arising on account of the erroneous payment of tax or | ||||||
18 | penalty under this Section. In the administration of and | ||||||
19 | compliance with this Section, the Department of Revenue and | ||||||
20 | persons who are subject to this Section shall have the same | ||||||
21 | rights, remedies, privileges, immunities, powers and duties, | ||||||
22 | and be subject to the same conditions, restrictions, | ||||||
23 | limitations, penalties, and definitions of terms, and employ | ||||||
24 | the same modes of procedure, as are described in Sections 1, | ||||||
25 | 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect | ||||||
26 | to all provisions therein other than the State rate of tax), |
| |||||||
| |||||||
1 | 2c, 3 (except as to the disposition of taxes and penalties | ||||||
2 | collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, | ||||||
3 | 5l, 6, 6a, 6bb, 6c, 6d, 8, 8, 9, 10, 11, 12, and 13 of the | ||||||
4 | Retailers' Occupation Tax Act and Section 3-7 of the Uniform | ||||||
5 | Penalty and Interest Act as fully as if those provisions were | ||||||
6 | set forth in this Section. | ||||||
7 | (b) Persons subject to any tax imposed under the authority | ||||||
8 | granted in this Section may reimburse themselves for their | ||||||
9 | seller's tax liability hereunder by separately stating that tax | ||||||
10 | as an additional charge, which charge may be stated in | ||||||
11 | combination, in a single amount, with any State tax that | ||||||
12 | sellers are required to collect. | ||||||
13 | (c) Whenever the Department of Revenue determines that a | ||||||
14 | refund should be made under this Section to a claimant instead | ||||||
15 | of issuing a credit memorandum, the Department of Revenue shall | ||||||
16 | notify the State Comptroller, who shall cause the order to be | ||||||
17 | drawn for the amount specified and to the person named in the | ||||||
18 | notification from the Department of Revenue. | ||||||
19 | (d) The Department of Revenue shall immediately pay over to | ||||||
20 | the State Treasurer, ex officio, as trustee, all taxes and | ||||||
21 | penalties collected hereunder for deposit into the Local | ||||||
22 | Cannabis Consumer Excise Tax Trust Fund. | ||||||
23 | (e) On or before the 25th day of each calendar month, the | ||||||
24 | Department of Revenue shall prepare and certify to the | ||||||
25 | Comptroller the amount of money to be disbursed from the Local | ||||||
26 | Cannabis Consumer Excise Tax Trust Fund to counties from which |
| |||||||
| |||||||
1 | retailers have paid taxes or penalties under this Section | ||||||
2 | during the second preceding calendar month. The amount to be | ||||||
3 | paid to each county shall be the amount (not including credit | ||||||
4 | memoranda) collected under this Section from sales made in the | ||||||
5 | county during the second preceding calendar month, plus an | ||||||
6 | amount the Department of Revenue determines is necessary to | ||||||
7 | offset any amounts that were erroneously paid to a different | ||||||
8 | taxing body, and not including an amount equal to the amount of | ||||||
9 | refunds made during the second preceding calendar month by the | ||||||
10 | Department on behalf of such county, and not including any | ||||||
11 | amount that the Department determines is necessary to offset | ||||||
12 | any amounts that were payable to a different taxing body but | ||||||
13 | were erroneously paid to the county, less 1.5% of the | ||||||
14 | remainder, which the Department shall transfer into the Tax | ||||||
15 | Compliance and Administration Fund. The Department, at the time | ||||||
16 | of each monthly disbursement to the counties, shall prepare and | ||||||
17 | certify the State Comptroller the amount to be transferred into | ||||||
18 | the Tax Compliance and Administration Fund under this Section. | ||||||
19 | Within 10 days after receipt by the Comptroller of the | ||||||
20 | disbursement certification to the counties and the Tax | ||||||
21 | Compliance and Administration Fund provided for in this Section | ||||||
22 | to be given to the Comptroller by the Department, the | ||||||
23 | Comptroller shall cause the orders to be drawn for the | ||||||
24 | respective amounts in accordance with the directions contained | ||||||
25 | in the certification. | ||||||
26 | (f) An ordinance or resolution imposing or discontinuing a |
| |||||||
| |||||||
1 | tax under this Section or effecting a change in the rate | ||||||
2 | thereof shall be adopted and a certified copy thereof filed | ||||||
3 | with the Department on or before the first day of June, | ||||||
4 | whereupon the Department shall proceed to administer and | ||||||
5 | enforce this Section as of the first day of September next | ||||||
6 | following the adoption and filing.
| ||||||
7 | (Source: 10100HB1438sam002.)"; and
| ||||||
8 | on page 206, line 22, by replacing "law." with "law, except | ||||||
9 | that Section 33, if it becomes law, takes effect upon becoming | ||||||
10 | law or on the date House Bill 1438 of the 101st General | ||||||
11 | Assembly takes effect, whichever is later.".
|