Bill Text: IL SB1281 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Metropolitan Pier and Exposition Authority Act. Changes the name of the Act and Authority to the Metropolitan Public Exposition Authority Act and the Metropolitan Public Exposition Authority. Provides that the Authority may enter into installment payments contracts or lease purchase agreements for specified purposes. Limits the applicability of provisions concerning persons engaged in the business of providing ground transportation and livery vehicles. Requires imposition of a $1 occupation tax on specified persons engaged in the business of providing a transportation network service in the metropolitan area at the McCormick Square campus or a commercial service airport. Increases specified bonding authority of the Authority from $2,850,000,000 to $3,450,000,000. Increases the minimum contract amount requiring a contract to be competitively bid or require a request for proposal. Makes other changes relating to minority-owned, women-owned, and veteran-owned businesses and contractors, contracts for professional services, and contracts entered into pursuant to the Governmental Joint Purchasing Act. Amends various Acts, Laws, and Codes making conforming changes concerning the Act's title and Authority's name. Amends the State Finance Act, Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act. Increases the amounts that may be deposited into the McCormick Place Expansion Project Fund through the year 2036 (currently, through 2032), allowing for increases each fiscal year thereafter that bonds are outstanding, but not after fiscal year 2070 (currently, 2060). Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1281 Detail]
Download: Illinois-2019-SB1281-Introduced.html
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning local government.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Illinois Governmental Ethics Act is amended | ||||||||||||||||||||||||
5 | by changing Section 4A-101 as follows:
| ||||||||||||||||||||||||
6 | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | ||||||||||||||||||||||||
7 | Sec. 4A-101. Persons required to file. The following | ||||||||||||||||||||||||
8 | persons shall file
verified written statements of economic | ||||||||||||||||||||||||
9 | interests, as provided in this Article:
| ||||||||||||||||||||||||
10 | (a) Members of the General Assembly and candidates for | ||||||||||||||||||||||||
11 | nomination or
election to the General Assembly.
| ||||||||||||||||||||||||
12 | (b) Persons holding an elected office in the Executive | ||||||||||||||||||||||||
13 | Branch of this
State, and candidates for nomination or | ||||||||||||||||||||||||
14 | election to these offices.
| ||||||||||||||||||||||||
15 | (c) Members of a Commission or Board created by the | ||||||||||||||||||||||||
16 | Illinois Constitution,
and candidates for nomination or | ||||||||||||||||||||||||
17 | election to such Commission or Board.
| ||||||||||||||||||||||||
18 | (d) Persons whose appointment to office is subject to | ||||||||||||||||||||||||
19 | confirmation by
the Senate and persons appointed by the | ||||||||||||||||||||||||
20 | Governor to any other position on a board or commission | ||||||||||||||||||||||||
21 | described in subsection (a) of Section 15 of the | ||||||||||||||||||||||||
22 | Gubernatorial Boards and Commissions Act.
| ||||||||||||||||||||||||
23 | (e) Holders of, and candidates for nomination or |
| |||||||
| |||||||
1 | election to, the office
of judge or associate judge of the | ||||||
2 | Circuit Court and the office of judge of
the Appellate or | ||||||
3 | Supreme Court.
| ||||||
4 | (f) Persons who are employed by any branch, agency, | ||||||
5 | authority or board
of the government of this State, | ||||||
6 | including but not limited to, the Illinois
State Toll | ||||||
7 | Highway Authority, the Illinois Housing Development | ||||||
8 | Authority,
the Illinois Community College Board, and | ||||||
9 | institutions under the
jurisdiction of the Board of | ||||||
10 | Trustees
of the University of Illinois, Board of Trustees | ||||||
11 | of Southern Illinois
University, Board of Trustees of | ||||||
12 | Chicago State University,
Board of Trustees of Eastern | ||||||
13 | Illinois University, Board of Trustees of Governors
| ||||||
14 | Governor's State University, Board of Trustees of Illinois | ||||||
15 | State University,
Board of Trustees of Northeastern | ||||||
16 | Illinois University, Board of Trustees of
Northern | ||||||
17 | Illinois University, Board of Trustees of Western Illinois
| ||||||
18 | University, or Board of Trustees of the Illinois | ||||||
19 | Mathematics and Science
Academy, and are compensated for | ||||||
20 | services as employees and not as
independent contractors | ||||||
21 | and who:
| ||||||
22 | (1) are, or function as, the head of a department, | ||||||
23 | commission, board,
division, bureau, authority or | ||||||
24 | other administrative unit within the
government of | ||||||
25 | this State, or who exercise similar authority within | ||||||
26 | the
government of this State;
|
| |||||||
| |||||||
1 | (2) have direct supervisory authority over, or | ||||||
2 | direct responsibility for
the formulation, | ||||||
3 | negotiation, issuance or execution of contracts | ||||||
4 | entered into
by the State in the amount of $5,000 or | ||||||
5 | more;
| ||||||
6 | (3) have authority for the issuance or | ||||||
7 | promulgation of rules and
regulations within areas | ||||||
8 | under the authority of the State;
| ||||||
9 | (4) have authority for the approval of | ||||||
10 | professional licenses;
| ||||||
11 | (5) have responsibility with respect to the | ||||||
12 | financial inspection
of regulated nongovernmental | ||||||
13 | entities;
| ||||||
14 | (6) adjudicate, arbitrate, or decide any judicial | ||||||
15 | or administrative
proceeding, or review the | ||||||
16 | adjudication, arbitration or decision of any judicial
| ||||||
17 | or administrative proceeding within the authority of | ||||||
18 | the State;
| ||||||
19 | (7) have supervisory responsibility for 20 or more | ||||||
20 | employees of the
State;
| ||||||
21 | (8) negotiate, assign, authorize, or grant naming | ||||||
22 | rights or sponsorship rights regarding any property or | ||||||
23 | asset of the State, whether real, personal, tangible, | ||||||
24 | or intangible; or
| ||||||
25 | (9) have responsibility with respect to the | ||||||
26 | procurement of goods or services. |
| |||||||
| |||||||
1 | (g) Persons who are elected to office in a unit of | ||||||
2 | local government,
and candidates for nomination or | ||||||
3 | election to that office, including regional
| ||||||
4 | superintendents of school districts.
| ||||||
5 | (h) Persons appointed to the governing board of a unit | ||||||
6 | of local
government, or of a special district, and persons | ||||||
7 | appointed to a zoning
board, or zoning board of appeals, or | ||||||
8 | to a regional, county, or municipal
plan commission, or to | ||||||
9 | a board of review of any county, and persons
appointed to | ||||||
10 | the Board of the Metropolitan Public Pier and Exposition | ||||||
11 | Authority
and any Trustee appointed under Section 22 of the | ||||||
12 | Metropolitan Public Pier and
Exposition Authority Act, and | ||||||
13 | persons appointed to a board or commission of
a unit of | ||||||
14 | local government who have authority to authorize the | ||||||
15 | expenditure of
public funds. This subsection does not apply | ||||||
16 | to members of boards or
commissions who function in an | ||||||
17 | advisory capacity.
| ||||||
18 | (i) Persons who are employed by a unit of local | ||||||
19 | government and are
compensated for services as employees | ||||||
20 | and not as independent contractors and
who:
| ||||||
21 | (1) are, or function as, the head of a department, | ||||||
22 | division, bureau,
authority or other administrative | ||||||
23 | unit within the unit of local
government, or who | ||||||
24 | exercise similar authority within the unit of local
| ||||||
25 | government;
| ||||||
26 | (2) have direct supervisory authority over, or |
| |||||||
| |||||||
1 | direct responsibility for
the formulation, | ||||||
2 | negotiation, issuance or execution of contracts | ||||||
3 | entered into
by the unit of local government in the | ||||||
4 | amount of $1,000 or greater;
| ||||||
5 | (3) have authority to approve licenses
and permits | ||||||
6 | by the unit of local government; this item does not | ||||||
7 | include
employees who function in a ministerial | ||||||
8 | capacity;
| ||||||
9 | (4) adjudicate, arbitrate, or decide any judicial | ||||||
10 | or administrative
proceeding, or review the | ||||||
11 | adjudication, arbitration or decision of any judicial
| ||||||
12 | or administrative proceeding within the authority of | ||||||
13 | the unit of local
government;
| ||||||
14 | (5) have authority to issue or promulgate rules and | ||||||
15 | regulations within
areas under the authority of the | ||||||
16 | unit of local government; or
| ||||||
17 | (6) have supervisory responsibility for 20 or more | ||||||
18 | employees of the
unit of local government.
| ||||||
19 | (j) Persons on the Board of Trustees of the Illinois | ||||||
20 | Mathematics and
Science Academy.
| ||||||
21 | (k) Persons employed by a school district in positions | ||||||
22 | that
require that
person to hold an administrative or a | ||||||
23 | chief school business official
endorsement.
| ||||||
24 | (l) Special government agents. A "special government | ||||||
25 | agent" is a
person who is directed, retained, designated, | ||||||
26 | appointed, or
employed, with or without compensation, by or |
| |||||||
| |||||||
1 | on behalf of a
statewide executive branch constitutional | ||||||
2 | officer to make an ex
parte communication under Section | ||||||
3 | 5-50 of the State Officials and
Employees Ethics Act or | ||||||
4 | Section 5-165 of the Illinois
Administrative Procedure | ||||||
5 | Act.
| ||||||
6 | (m) Members of the board of commissioners of any flood | ||||||
7 | prevention district created under the Flood Prevention | ||||||
8 | District Act or the Beardstown Regional Flood Prevention | ||||||
9 | District Act. | ||||||
10 | (n) Members of the board of any retirement system or | ||||||
11 | investment board established under the Illinois Pension | ||||||
12 | Code, if not required to file under any other provision of | ||||||
13 | this Section. | ||||||
14 | (o) Members of the board of any pension fund | ||||||
15 | established under the Illinois Pension Code, if not | ||||||
16 | required to file under any other provision of this Section. | ||||||
17 | (p) Members of the investment advisory panel created | ||||||
18 | under Section 20 of the Illinois Prepaid Tuition Act. | ||||||
19 | This Section shall not be construed to prevent any unit of | ||||||
20 | local government
from enacting financial disclosure | ||||||
21 | requirements that mandate
more information
than required by | ||||||
22 | this Act.
| ||||||
23 | (Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, | ||||||
24 | eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; | ||||||
25 | 97-754, eff. 7-6-12; revised 10-10-18.)
|
| |||||||
| |||||||
1 | Section 10. The Illinois State Auditing Act is amended by | ||||||
2 | changing Section 3-1 as follows:
| ||||||
3 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
4 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
5 | General has
jurisdiction over all State agencies to make post | ||||||
6 | audits and investigations
authorized by or under this Act or | ||||||
7 | the Constitution.
| ||||||
8 | The Auditor General has jurisdiction over local government | ||||||
9 | agencies
and private agencies only:
| ||||||
10 | (a) to make such post audits authorized by or under | ||||||
11 | this Act as are
necessary and incidental to a post audit of | ||||||
12 | a State agency or of a
program administered by a State | ||||||
13 | agency involving public funds of the
State, but this | ||||||
14 | jurisdiction does not include any authority to review
local | ||||||
15 | governmental agencies in the obligation, receipt, | ||||||
16 | expenditure or
use of public funds of the State that are | ||||||
17 | granted without limitation or
condition imposed by law, | ||||||
18 | other than the general limitation that such
funds be used | ||||||
19 | for public purposes;
| ||||||
20 | (b) to make investigations authorized by or under this | ||||||
21 | Act or the
Constitution; and
| ||||||
22 | (c) to make audits of the records of local government | ||||||
23 | agencies to verify
actual costs of state-mandated programs | ||||||
24 | when directed to do so by the
Legislative Audit Commission | ||||||
25 | at the request of the State Board of Appeals
under the |
| |||||||
| |||||||
1 | State Mandates Act.
| ||||||
2 | In addition to the foregoing, the Auditor General may | ||||||
3 | conduct an
audit of the Metropolitan Public Pier and Exposition | ||||||
4 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
5 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
6 | Transit Authority and any other subsidized
carrier when | ||||||
7 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
8 | be a financial, management or program audit, or any combination | ||||||
9 | thereof.
| ||||||
10 | The audit shall determine whether they are operating in | ||||||
11 | accordance with
all applicable laws and regulations. Subject to | ||||||
12 | the limitations of this
Act, the Legislative Audit Commission | ||||||
13 | may by resolution specify additional
determinations to be | ||||||
14 | included in the scope of the audit.
| ||||||
15 | In addition to the foregoing, the Auditor General must also | ||||||
16 | conduct a
financial audit of
the Illinois Sports Facilities | ||||||
17 | Authority's expenditures of public funds in
connection with the | ||||||
18 | reconstruction, renovation, remodeling, extension, or
| ||||||
19 | improvement of all or substantially all of any existing | ||||||
20 | "facility", as that
term is defined in the Illinois Sports | ||||||
21 | Facilities Authority Act.
| ||||||
22 | The Auditor General may also conduct an audit, when | ||||||
23 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
24 | which receives 10% or
more of its gross revenues from payments | ||||||
25 | from the State of Illinois,
Department of Healthcare and Family | ||||||
26 | Services (formerly Department of Public Aid), Medical |
| |||||||
| |||||||
1 | Assistance Program.
| ||||||
2 | The Auditor General is authorized to conduct financial and | ||||||
3 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
4 | and the Illinois
Conservation Foundation.
| ||||||
5 | As soon as practical after the effective date of this | ||||||
6 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
7 | compliance and management audit of
the City of
Chicago and any | ||||||
8 | other entity with regard to the operation of Chicago O'Hare
| ||||||
9 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
10 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
11 | examination of revenues,
expenses, and transfers of funds; | ||||||
12 | purchasing and contracting policies and
practices; staffing | ||||||
13 | levels; and hiring practices and procedures. When
completed, | ||||||
14 | the audit required by this paragraph shall be distributed in
| ||||||
15 | accordance with Section 3-14.
| ||||||
16 | The Auditor General shall conduct a financial and | ||||||
17 | compliance and program
audit of distributions from the | ||||||
18 | Municipal Economic Development Fund
during the immediately | ||||||
19 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
20 | Public Utilities Act at no cost to the city, village, or | ||||||
21 | incorporated town
that received the distributions.
| ||||||
22 | The Auditor General must conduct an audit of the Health | ||||||
23 | Facilities and Services Review Board pursuant to Section 19.5 | ||||||
24 | of the Illinois Health Facilities Planning
Act.
| ||||||
25 | The Auditor General of the State of Illinois shall annually | ||||||
26 | conduct or
cause to be conducted a financial and compliance |
| |||||||
| |||||||
1 | audit of the books and records
of any county water commission | ||||||
2 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
3 | shall file a copy of the report of that audit with the Governor | ||||||
4 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
5 | open to the public
for inspection. The cost of the audit shall | ||||||
6 | be charged to the county water
commission in accordance with | ||||||
7 | Section 6z-27 of the State Finance Act. The
county water | ||||||
8 | commission shall make available to the Auditor General its | ||||||
9 | books
and records and any other documentation, whether in the | ||||||
10 | possession of its
trustees or other parties, necessary to | ||||||
11 | conduct the audit required. These
audit requirements apply only | ||||||
12 | through July 1, 2007.
| ||||||
13 | The Auditor General must conduct audits of the Rend Lake | ||||||
14 | Conservancy
District as provided in Section 25.5 of the River | ||||||
15 | Conservancy Districts Act.
| ||||||
16 | The Auditor General must conduct financial audits of the | ||||||
17 | Southeastern Illinois Economic Development Authority as | ||||||
18 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
19 | Development Authority Act.
| ||||||
20 | The Auditor General shall conduct a compliance audit in | ||||||
21 | accordance with subsections (d) and (f) of Section 30 of the | ||||||
22 | Innovation Development and Economy Act. | ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | ||||||
24 | 96-939, eff. 6-24-10.)
| ||||||
25 | Section 15. The State Finance Act is amended by changing |
| |||||||
| |||||||
1 | Sections 8.25 and 8.25f as follows:
| ||||||
2 | (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
| ||||||
3 | Sec. 8.25. Build Illinois Fund; uses.
| ||||||
4 | (A) All moneys in the Build Illinois Fund shall be | ||||||
5 | transferred,
appropriated, and used only for the purposes | ||||||
6 | authorized by and subject to
the limitations and conditions | ||||||
7 | prescribed by this Section. There are
established the following | ||||||
8 | accounts in the Build Illinois Fund: the
McCormick Place | ||||||
9 | Account, the Build Illinois Bond Account, the Build
Illinois | ||||||
10 | Purposes Account, the
Park and Conservation Fund Account, and | ||||||
11 | the Tourism Advertising and
Promotion Account. Amounts | ||||||
12 | deposited into the Build Illinois Fund consisting
of 1.55% | ||||||
13 | before July 1, 1986, and 1.75% on and after July 1, 1986, of
| ||||||
14 | moneys received by the Department of Revenue under Section 9 of
| ||||||
15 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | ||||||
16 | 9 of
the Service Occupation Tax Act, and Section 3 of the | ||||||
17 | Retailers' Occupation
Tax Act, and all amounts deposited | ||||||
18 | therein under Section 28 of
the Illinois Horse Racing Act of | ||||||
19 | 1975, Section 4.05 of the Chicago World's
Fair - 1992 Authority | ||||||
20 | Act, and Sections 3 and 6 of the Hotel Operators'
Occupation | ||||||
21 | Tax Act, shall be credited initially to the McCormick Place
| ||||||
22 | Account and all other amounts deposited into the Build Illinois | ||||||
23 | Fund shall be
credited initially to the Build Illinois Bond | ||||||
24 | Account. Of the amounts
initially so credited to the McCormick | ||||||
25 | Place Account in each month, the
amount that is to be |
| |||||||
| |||||||
1 | transferred in that month to the Metropolitan Fair
and | ||||||
2 | Exposition Authority Improvement Bond Fund, as provided below, | ||||||
3 | shall
remain credited to the McCormick Place Account, and all | ||||||
4 | amounts initially so
credited in that month in excess thereof | ||||||
5 | shall next be credited to the
Build Illinois Bond Account. Of | ||||||
6 | the amounts credited to the Build Illinois
Bond Account in each | ||||||
7 | month, the amount that is to be transferred in that
month to | ||||||
8 | the Build Illinois Bond Retirement and Interest Fund, as | ||||||
9 | provided
below, shall remain credited to the Build Illinois | ||||||
10 | Bond Account, and all
amounts so credited in each month in | ||||||
11 | excess thereof shall next be credited
monthly to the other | ||||||
12 | accounts in the following order of priority: first, to
the | ||||||
13 | Build Illinois Purposes Account, (a) 1/12, or in the case of | ||||||
14 | fiscal
year 1986, 1/9, of the fiscal year amounts authorized to | ||||||
15 | be transferred to
the Build Illinois Purposes Fund as provided | ||||||
16 | below plus (b) any cumulative
deficiency in those transfers for | ||||||
17 | prior months; second,
1/12 of $10,000,000, plus any cumulative | ||||||
18 | deficiency in those transfers for
prior months, to the Park and | ||||||
19 | Conservation Fund Account;
and third, to the General Revenue | ||||||
20 | Fund in the State Treasury all
amounts
that remain in the Build | ||||||
21 | Illinois Fund on the last day of each
month and are not | ||||||
22 | credited to any account in that Fund.
| ||||||
23 | Transfers from the McCormick Place Account in the Build
| ||||||
24 | Illinois Fund shall be made as follows:
| ||||||
25 | Beginning with fiscal year 1985 and continuing for each | ||||||
26 | fiscal
year thereafter, the Metropolitan Public Pier and |
| |||||||
| |||||||
1 | Exposition
Authority shall annually certify to the State | ||||||
2 | Comptroller and State
Treasurer the amount necessary and | ||||||
3 | required during the fiscal year with
respect to which the | ||||||
4 | certification is made to pay the debt service
requirements | ||||||
5 | (including amounts to be paid with respect to arrangements to
| ||||||
6 | provide additional security or liquidity) on all outstanding | ||||||
7 | bonds and
notes, including refunding bonds (herein | ||||||
8 | collectively referred to as bonds)
of issues in the aggregate | ||||||
9 | amount (excluding the amount of any refunding
bonds issued by | ||||||
10 | that Authority after January 1, 1986) of not more than
| ||||||
11 | $312,500,000 issued after July 1, 1984, by that Authority for | ||||||
12 | the purposes
specified in Sections 10.1 and 13.1 of the | ||||||
13 | Metropolitan Public Pier and Exposition
Authority Act. In each | ||||||
14 | month of the fiscal year in which there are bonds
outstanding | ||||||
15 | with respect to which the annual certification is made, the
| ||||||
16 | Comptroller shall order transferred and the Treasurer shall | ||||||
17 | transfer from
the McCormick Place Account in the Build Illinois | ||||||
18 | Fund to the Metropolitan
Fair and Exposition Authority | ||||||
19 | Improvement Bond Fund an amount equal to 150%
of the certified | ||||||
20 | amount for that fiscal year divided by the number of
months | ||||||
21 | during that fiscal year in which bonds of the Authority are
| ||||||
22 | outstanding, plus any cumulative deficiency in those transfers | ||||||
23 | for prior
months; provided, that the maximum amount that may be | ||||||
24 | so transferred in
fiscal year 1985 shall not exceed $15,000,000 | ||||||
25 | or a lesser sum as is
actually necessary and required to pay | ||||||
26 | the debt service requirements for
that fiscal year after giving |
| |||||||
| |||||||
1 | effect to net operating revenues of that
Authority available | ||||||
2 | for that purpose as certified by that Authority, and
provided | ||||||
3 | further that the maximum amount that may be so transferred in
| ||||||
4 | fiscal year 1986 shall not exceed $30,000,000 and in each | ||||||
5 | fiscal year
thereafter shall not exceed $33,500,000 in any | ||||||
6 | fiscal year or a
lesser sum as is actually necessary and | ||||||
7 | required to pay the debt service
requirements for that fiscal | ||||||
8 | year after giving effect to net operating
revenues of that | ||||||
9 | Authority available for that purpose as certified by
that | ||||||
10 | Authority.
| ||||||
11 | When an amount equal to 100% of the aggregate amount of | ||||||
12 | principal and
interest in each fiscal year with respect to | ||||||
13 | bonds issued after
July 1, 1984, that by their terms are | ||||||
14 | payable from the Metropolitan Fair
and Exposition Authority | ||||||
15 | Improvement Bond Fund, including under sinking
fund | ||||||
16 | requirements, has been so paid and deficiencies in reserves | ||||||
17 | established
from bond proceeds shall have been remedied, and at | ||||||
18 | the time that those amounts
have been transferred to the | ||||||
19 | Authority as provided in Section 13.1 of
the Metropolitan | ||||||
20 | Public Pier and Exposition Authority Act, the remaining moneys,
| ||||||
21 | if any, deposited and to be deposited during each fiscal year | ||||||
22 | to the
Metropolitan Fair and Exposition Authority Improvement | ||||||
23 | Bond Fund shall be
transferred to the Metropolitan Fair and | ||||||
24 | Exposition Authority Completion
Note Subordinate Fund.
| ||||||
25 | Transfers from the Build Illinois Bond Account in the Build | ||||||
26 | Illinois
Fund shall be made as follows:
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | Beginning with fiscal year 1986 and continuing for each | |||||||||||||||||||||
2 | fiscal year
thereafter so long as limited obligation bonds of | |||||||||||||||||||||
3 | the State issued under
the Build Illinois Bond Act remain | |||||||||||||||||||||
4 | outstanding, the Comptroller shall
order transferred and the | |||||||||||||||||||||
5 | Treasurer shall transfer in each month,
commencing in October, | |||||||||||||||||||||
6 | 1985, on the last day of that month, from the Build
Illinois | |||||||||||||||||||||
7 | Bond Account to the Build Illinois Bond Retirement and Interest
| |||||||||||||||||||||
8 | Fund in the State Treasury the amount required to be so | |||||||||||||||||||||
9 | transferred in that
month under Section 13 of the Build | |||||||||||||||||||||
10 | Illinois Bond Act.
| |||||||||||||||||||||
11 | Transfers from the remaining accounts in the Build Illinois | |||||||||||||||||||||
12 | Fund shall
be made in the following amounts and in the | |||||||||||||||||||||
13 | following order of priority:
| |||||||||||||||||||||
14 | Beginning with fiscal year 1986 and continuing each fiscal | |||||||||||||||||||||
15 | year
thereafter, as soon as practicable after the first day of | |||||||||||||||||||||
16 | each month,
commencing in October, 1985, the Comptroller shall | |||||||||||||||||||||
17 | order transferred and
the Treasurer shall transfer from the | |||||||||||||||||||||
18 | Build Illinois Purposes Account in
the Build Illinois Fund to | |||||||||||||||||||||
19 | the Build Illinois Purposes Fund 1/12th (or in
the case of | |||||||||||||||||||||
20 | fiscal year 1986 1/9) of the amounts specified below for the
| |||||||||||||||||||||
21 | following fiscal years:
| |||||||||||||||||||||
|
| ||||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
5 | plus any cumulative deficiency in those transfers for prior | |||||||||||||||||
6 | months.
| |||||||||||||||||
7 | As soon as may be practicable after the first day of each | |||||||||||||||||
8 | month
beginning after July 1, 1984, the Comptroller shall order | |||||||||||||||||
9 | transferred and
the Treasurer shall transfer from the Park and | |||||||||||||||||
10 | Conservation Fund Account in
the Build Illinois Fund to the | |||||||||||||||||
11 | Park and Conservation Fund 1/12 of
$10,000,000, plus any | |||||||||||||||||
12 | cumulative deficiency in those transfers for
prior months, for | |||||||||||||||||
13 | conservation and park purposes as enumerated in Section
805-420 | |||||||||||||||||
14 | of the Department of Natural Resources (Conservation)
Law (20 | |||||||||||||||||
15 | ILCS 805/805-420), and to
pay
the debt
service requirements on | |||||||||||||||||
16 | all outstanding bonds of an issue in the aggregate
amount of | |||||||||||||||||
17 | not more than $40,000,000 issued after January 1, 1985, by the
| |||||||||||||||||
18 | State of Illinois for the purposes specified in Section 3(c) of | |||||||||||||||||
19 | the Capital
Development Bond Act of 1972, or for the same | |||||||||||||||||
20 | purposes as specified in any
other State general obligation | |||||||||||||||||
21 | bond Act enacted after November 1, 1984.
Transfers from the | |||||||||||||||||
22 | Park and Conservation Fund to the Capital Development
Bond | |||||||||||||||||
23 | Retirement and Interest Fund to pay those debt service | |||||||||||||||||
24 | requirements
shall be made in accordance with Section 8.25b of | |||||||||||||||||
25 | this Act.
| |||||||||||||||||
26 | All funds remaining in the Build Illinois Fund on the last |
| |||||||
| |||||||
1 | day of any month
and not credited to any account in that Fund | ||||||
2 | shall be transferred by the
State Treasurer to the General | ||||||
3 | Revenue Fund.
| ||||||
4 | (B) For the purpose of this Section, "cumulative | ||||||
5 | deficiency" shall
include all deficiencies in those transfers | ||||||
6 | that have occurred since July
1, 1984, as specified in | ||||||
7 | subsection (A) of this Section.
| ||||||
8 | (C) In addition to any other permitted use of moneys in the | ||||||
9 | Fund, and
notwithstanding any restriction on the use of the | ||||||
10 | Fund, moneys in the
Park and Conservation Fund may be | ||||||
11 | transferred to the General Revenue Fund
as authorized by Public | ||||||
12 | Act 87-14. The General Assembly finds that an
excess of moneys | ||||||
13 | existed in the Fund on July 30, 1991, and the Governor's
order | ||||||
14 | of July 30, 1991, requesting the Comptroller and Treasurer to
| ||||||
15 | transfer an amount from the Fund to the General Revenue Fund is | ||||||
16 | hereby
validated.
| ||||||
17 | (D) (Blank).
| ||||||
18 | (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98; 90-655, | ||||||
19 | eff.
7-30-98; 91-239, eff. 1-1-00.)
| ||||||
20 | (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f) | ||||||
21 | Sec. 8.25f. McCormick Place Expansion Project Fund. | ||||||
22 | (a) Deposits. The following amounts shall be deposited into | ||||||
23 | the
McCormick Place Expansion Project Fund in the State | ||||||
24 | Treasury: (i) the
moneys required to be deposited into the Fund | ||||||
25 | under Section 9 of the Use
Tax Act, Section 9 of the Service |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Occupation Tax Act, Section 9 of the
Service Use Tax Act, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Section 3 of the Retailers' Occupation Tax Act and
(ii) the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | moneys required to be deposited into the Fund under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (g) of Section 13 of
the Metropolitan Public Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Exposition Authority Act. Notwithstanding the
foregoing, the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | maximum amount that may be deposited into the McCormick
Place | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Expansion Project Fund from item (i) shall not exceed the Total | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Deposit
amounts with respect to the following fiscal years: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Provided that all amounts deposited in the Fund and | |||||||||||||||||||||||||||||||||||||||||||||||||
11 | requested in the
Authority's certificate have been paid to the | |||||||||||||||||||||||||||||||||||||||||||||||||
12 | Authority, all amounts
remaining in the McCormick Place | |||||||||||||||||||||||||||||||||||||||||||||||||
13 | Expansion Project Fund on the last day of
any month shall be | |||||||||||||||||||||||||||||||||||||||||||||||||
14 | transferred to the General Revenue Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||
15 | (b) Authority certificate. Beginning with fiscal year 1994 | |||||||||||||||||||||||||||||||||||||||||||||||||
16 | and
continuing for each fiscal year thereafter, the Chairman of | |||||||||||||||||||||||||||||||||||||||||||||||||
17 | the
Metropolitan Public Pier and Exposition Authority shall | |||||||||||||||||||||||||||||||||||||||||||||||||
18 | annually certify to the
State Comptroller and the State | |||||||||||||||||||||||||||||||||||||||||||||||||
19 | Treasurer the amount necessary and
required, during the fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||
20 | year with respect to which the certification is
made, to pay | |||||||||||||||||||||||||||||||||||||||||||||||||
21 | the debt service requirements (including amounts to be paid
| |||||||||||||||||||||||||||||||||||||||||||||||||
22 | with respect to arrangements to provide additional security or | |||||||||||||||||||||||||||||||||||||||||||||||||
23 | liquidity)
on all outstanding bonds and notes, including | |||||||||||||||||||||||||||||||||||||||||||||||||
24 | refunding bonds,
(collectively referred to as "bonds") in an | |||||||||||||||||||||||||||||||||||||||||||||||||
25 | amount issued by the Authority
pursuant to Section 13.2 of the | |||||||||||||||||||||||||||||||||||||||||||||||||
26 | Metropolitan Public Pier and Exposition Authority
Act. The |
| |||||||
| |||||||
1 | certificate may be amended from time to time as necessary. | ||||||
2 | (Source: P.A. 96-898, eff. 5-27-10.)
| ||||||
3 | Section 20. The Metropolitan Civic Center Support Act is | ||||||
4 | amended by changing Section 2 as follows:
| ||||||
5 | (30 ILCS 355/2) (from Ch. 85, par. 1392)
| ||||||
6 | Sec. 2. When used in this Act:
| ||||||
7 | "Authority" means the River Forest Metropolitan | ||||||
8 | Exposition, Auditorium
and Office Building Authority, the | ||||||
9 | Village Board of Trustees of the Village
of Rosemont for the | ||||||
10 | sole purposes of rehabilitating, developing and making
| ||||||
11 | improvements to the O'Hare Exposition Center, or any | ||||||
12 | Metropolitan
Exposition Auditorium and Office Building | ||||||
13 | Authority, Metropolitan
Exposition and Auditorium Authority or | ||||||
14 | Civic Center Authority created prior
to the effective date of | ||||||
15 | this amendatory Act of 1983 or hereafter created
pursuant to | ||||||
16 | the statutes of the State of Illinois, except those created
| ||||||
17 | pursuant to the Metropolitan Public Pier and Exposition | ||||||
18 | Authority
Act.
| ||||||
19 | "Bonds" means any limited obligation revenue bonds issued | ||||||
20 | by the
Department before July 1, 1989 and by the
Bureau (now | ||||||
21 | Office) on or after July 1,
1989 pursuant to Section 7 of this | ||||||
22 | Act.
| ||||||
23 | "Bond Fund" means the Illinois Civic Center Bond Fund, as | ||||||
24 | provided in
this Act.
|
| |||||||
| |||||||
1 | "Bond Retirement Fund" means the Illinois Civic Center Bond | ||||||
2 | Retirement
and Interest Fund, as provided in this Act.
| ||||||
3 | "Bond Sale Order" means any order authorizing the issuance | ||||||
4 | and sale of
Bonds, which order shall be approved by the | ||||||
5 | Director of the
Governor's Office of Management and Budget.
| ||||||
6 | "Budget Director" means the Director of the
Governor's | ||||||
7 | Office of Management and Budget.
| ||||||
8 | "Bureau" means the
Bureau of the Budget, (now Governor's | ||||||
9 | Office of Management and Budget).
| ||||||
10 | "Department" means the Department of Commerce and
Economic | ||||||
11 | Opportunity.
| ||||||
12 | "Director" means the Director of Commerce and
Economic | ||||||
13 | Opportunity.
| ||||||
14 | "Local Bonds" means any bonds subject to State Financial | ||||||
15 | Support under
subparagraph (i) of paragraph (b) of subsection | ||||||
16 | (3) of Section 4 of this Act.
| ||||||
17 | "MEAOB Fund" means the Metropolitan Exposition, Auditorium | ||||||
18 | and Office
Building Fund, as provided in this Act.
| ||||||
19 | "Office" means the Governor's Office of Management and | ||||||
20 | Budget.
| ||||||
21 | "State Financial Support" means either the payment of debt | ||||||
22 | service on
bonds issued by an Authority or a unit of local | ||||||
23 | government or the grant to
an Authority of the proceeds of | ||||||
24 | Bonds issued by the Department before
July 1, 1989 and by the | ||||||
25 | Bureau (now Office) on or after July 1, 1989, all
in
accordance | ||||||
26 | with subsection (3) of Section 4 of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
2 | Section 25. The Build Illinois Act is amended by changing | ||||||
3 | Section 1-3 as follows:
| ||||||
4 | (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
| ||||||
5 | Sec. 1-3.
The following agencies, boards and entities of | ||||||
6 | State government
may expend appropriations for the purposes | ||||||
7 | contained in this Act: Department
of Natural Resources; | ||||||
8 | Department of Agriculture; Illinois Finance
Authority; Capital | ||||||
9 | Development Board; Department of Transportation; Department
of | ||||||
10 | Central Management Services; Illinois Arts Council; | ||||||
11 | Environmental Protection
Agency; State Board of Higher | ||||||
12 | Education; the
Metropolitan Public Pier and
Exposition | ||||||
13 | Authority; State Board of Education; Illinois Community | ||||||
14 | College
Board; Board of Trustees of the University of Illinois; | ||||||
15 | Board of
Trustees of Chicago State University; Board of | ||||||
16 | Trustees of Eastern Illinois
University; Board of Trustees of | ||||||
17 | Governors State University; Board of Trustees
of Illinois State | ||||||
18 | University; Board of Trustees of Northeastern Illinois
| ||||||
19 | University; Board of Trustees of Northern Illinois University; | ||||||
20 | Board of
Trustees of Western Illinois University; and Board of | ||||||
21 | Trustees of Southern
Illinois University.
| ||||||
22 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
23 | Section 30. The Use Tax Act is amended by changing Section |
| |||||||
| |||||||
1 | 9 as follows:
| ||||||
2 | (35 ILCS 105/9) (from Ch. 120, par. 439.9)
| ||||||
3 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
4 | and
trailers that are required to be registered with an agency | ||||||
5 | of this State,
each retailer
required or authorized to collect | ||||||
6 | the tax imposed by this Act shall pay
to the Department the | ||||||
7 | amount of such tax (except as otherwise provided)
at the time | ||||||
8 | when he is required to file his return for the period during
| ||||||
9 | which such tax was collected, less a discount of 2.1% prior to
| ||||||
10 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
11 | per calendar
year, whichever is greater, which is allowed to | ||||||
12 | reimburse the retailer
for expenses incurred in collecting the | ||||||
13 | tax, keeping records, preparing
and filing returns, remitting | ||||||
14 | the tax and supplying data to the
Department on request. In the | ||||||
15 | case of retailers who report and pay the
tax on a transaction | ||||||
16 | by transaction basis, as provided in this Section,
such | ||||||
17 | discount shall be taken with each such tax remittance instead | ||||||
18 | of
when such retailer files his periodic return. The discount | ||||||
19 | allowed under this Section is allowed only for returns that are | ||||||
20 | filed in the manner required by this Act. The Department may | ||||||
21 | disallow the discount for retailers whose certificate of | ||||||
22 | registration is revoked at the time the return is filed, but | ||||||
23 | only if the Department's decision to revoke the certificate of | ||||||
24 | registration has become final. A retailer need not remit
that | ||||||
25 | part of any tax collected by him to the extent that he is |
| |||||||
| |||||||
1 | required
to remit and does remit the tax imposed by the | ||||||
2 | Retailers' Occupation
Tax Act, with respect to the sale of the | ||||||
3 | same property. | ||||||
4 | Where such tangible personal property is sold under a | ||||||
5 | conditional
sales contract, or under any other form of sale | ||||||
6 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
7 | extended beyond the close of
the period for which the return is | ||||||
8 | filed, the retailer, in collecting
the tax (except as to motor | ||||||
9 | vehicles, watercraft, aircraft, and
trailers that are required | ||||||
10 | to be registered with an agency of this State),
may collect for | ||||||
11 | each
tax return period, only the tax applicable to that part of | ||||||
12 | the selling
price actually received during such tax return | ||||||
13 | period. | ||||||
14 | Except as provided in this Section, on or before the | ||||||
15 | twentieth day of each
calendar month, such retailer shall file | ||||||
16 | a return for the preceding
calendar month. Such return shall be | ||||||
17 | filed on forms prescribed by the
Department and shall furnish | ||||||
18 | such information as the Department may
reasonably require. On | ||||||
19 | and after January 1, 2018, except for returns for motor | ||||||
20 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
21 | to be registered with an agency of this State, with respect to | ||||||
22 | retailers whose annual gross receipts average $20,000 or more, | ||||||
23 | all returns required to be filed pursuant to this Act shall be | ||||||
24 | filed electronically. Retailers who demonstrate that they do | ||||||
25 | not have access to the Internet or demonstrate hardship in | ||||||
26 | filing electronically may petition the Department to waive the |
| |||||||
| |||||||
1 | electronic filing requirement. | ||||||
2 | The Department may require returns to be filed on a | ||||||
3 | quarterly basis.
If so required, a return for each calendar | ||||||
4 | quarter shall be filed on or
before the twentieth day of the | ||||||
5 | calendar month following the end of such
calendar quarter. The | ||||||
6 | taxpayer shall also file a return with the
Department for each | ||||||
7 | of the first two months of each calendar quarter, on or
before | ||||||
8 | the twentieth day of the following calendar month, stating: | ||||||
9 | 1. The name of the seller; | ||||||
10 | 2. The address of the principal place of business from | ||||||
11 | which he engages
in the business of selling tangible | ||||||
12 | personal property at retail in this State; | ||||||
13 | 3. The total amount of taxable receipts received by him | ||||||
14 | during the
preceding calendar month from sales of tangible | ||||||
15 | personal property by him
during such preceding calendar | ||||||
16 | month, including receipts from charge and
time sales, but | ||||||
17 | less all deductions allowed by law; | ||||||
18 | 4. The amount of credit provided in Section 2d of this | ||||||
19 | Act; | ||||||
20 | 5. The amount of tax due; | ||||||
21 | 5-5. The signature of the taxpayer; and | ||||||
22 | 6. Such other reasonable information as the Department | ||||||
23 | may
require. | ||||||
24 | If a taxpayer fails to sign a return within 30 days after | ||||||
25 | the proper notice
and demand for signature by the Department, | ||||||
26 | the return shall be considered
valid and any amount shown to be |
| |||||||
| |||||||
1 | due on the return shall be deemed assessed. | ||||||
2 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
3 | monthly tax
liability of $150,000 or more shall make all | ||||||
4 | payments required by rules of the
Department by electronic | ||||||
5 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
6 | an average monthly tax liability of $100,000 or more shall make | ||||||
7 | all
payments required by rules of the Department by electronic | ||||||
8 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
9 | an average monthly tax liability
of $50,000 or more shall make | ||||||
10 | all payments required by rules of the Department
by electronic | ||||||
11 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
12 | an annual tax liability of $200,000 or more shall make all | ||||||
13 | payments required by
rules of the Department by electronic | ||||||
14 | funds transfer. The term "annual tax
liability" shall be the | ||||||
15 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
16 | other State and local occupation and use tax laws administered | ||||||
17 | by the
Department, for the immediately preceding calendar year. | ||||||
18 | The term "average
monthly tax liability" means
the sum of the | ||||||
19 | taxpayer's liabilities under this Act, and under all other | ||||||
20 | State
and local occupation and use tax laws administered by the | ||||||
21 | Department, for the
immediately preceding calendar year | ||||||
22 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
23 | a tax liability in the
amount set forth in subsection (b) of | ||||||
24 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
25 | all payments required by rules of the Department by
electronic | ||||||
26 | funds transfer. |
| |||||||
| |||||||
1 | Before August 1 of each year beginning in 1993, the | ||||||
2 | Department shall notify
all taxpayers required to make payments | ||||||
3 | by electronic funds transfer. All
taxpayers required to make | ||||||
4 | payments by electronic funds transfer shall make
those payments | ||||||
5 | for a minimum of one year beginning on October 1. | ||||||
6 | Any taxpayer not required to make payments by electronic | ||||||
7 | funds transfer may
make payments by electronic funds transfer | ||||||
8 | with the permission of the
Department. | ||||||
9 | All taxpayers required to make payment by electronic funds | ||||||
10 | transfer and any
taxpayers authorized to voluntarily make | ||||||
11 | payments by electronic funds transfer
shall make those payments | ||||||
12 | in the manner authorized by the Department. | ||||||
13 | The Department shall adopt such rules as are necessary to | ||||||
14 | effectuate a
program of electronic funds transfer and the | ||||||
15 | requirements of this Section. | ||||||
16 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
17 | tax liability
to the Department
under this Act, the Retailers' | ||||||
18 | Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||||||
19 | Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||||||
20 | calendar quarters, he shall file a return with the
Department | ||||||
21 | each month by the 20th day of the month next following the | ||||||
22 | month
during which such tax liability is incurred and shall | ||||||
23 | make payments to the
Department on or before the 7th, 15th, | ||||||
24 | 22nd and last day of the month
during which such liability is | ||||||
25 | incurred.
On and after October 1, 2000, if the taxpayer's | ||||||
26 | average monthly tax liability
to the Department under this Act, |
| |||||||
| |||||||
1 | the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||||||
2 | Act, and the Service Use Tax Act was $20,000 or more
during the | ||||||
3 | preceding 4 complete calendar quarters, he shall file a return | ||||||
4 | with
the Department each month by the 20th day of the month | ||||||
5 | next following the month
during which such tax liability is | ||||||
6 | incurred and shall make payment to the
Department on or before | ||||||
7 | the 7th, 15th, 22nd and last day of the
month during
which such | ||||||
8 | liability is incurred.
If the month during which such tax
| ||||||
9 | liability is incurred began prior to January 1, 1985, each | ||||||
10 | payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||||||
11 | actual liability for the month or an amount set by the | ||||||
12 | Department not to
exceed 1/4 of the average monthly liability | ||||||
13 | of the taxpayer to the
Department for the preceding 4 complete | ||||||
14 | calendar quarters (excluding the
month of highest liability and | ||||||
15 | the month of lowest liability in such 4
quarter period). If the | ||||||
16 | month during which such tax liability is incurred
begins on or | ||||||
17 | after January 1, 1985, and prior to January 1, 1987, each
| ||||||
18 | payment shall be in an amount equal to 22.5% of the taxpayer's | ||||||
19 | actual liability
for the month or 27.5% of the taxpayer's | ||||||
20 | liability for the same calendar
month of the preceding year. If | ||||||
21 | the month during which such tax liability
is incurred begins on | ||||||
22 | or after January 1, 1987, and prior to January 1,
1988, each | ||||||
23 | payment shall be in an amount equal to 22.5% of the taxpayer's
| ||||||
24 | actual liability for the month or 26.25% of the taxpayer's | ||||||
25 | liability for
the same calendar month of the preceding year. If | ||||||
26 | the month during which such
tax liability is incurred begins on |
| |||||||
| |||||||
1 | or after January 1, 1988, and prior to
January 1, 1989,
or | ||||||
2 | begins on or after January 1, 1996, each payment shall be in an | ||||||
3 | amount equal
to 22.5% of the taxpayer's actual liability for | ||||||
4 | the month or 25% of the
taxpayer's liability for the same | ||||||
5 | calendar month of the preceding year. If the
month during which | ||||||
6 | such tax liability is incurred begins on or after January 1,
| ||||||
7 | 1989,
and prior to January 1, 1996, each payment shall be in an | ||||||
8 | amount equal to 22.5%
of the taxpayer's actual liability for | ||||||
9 | the month or 25% of the taxpayer's
liability for the same | ||||||
10 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
11 | actual liability for the quarter monthly reporting period. The
| ||||||
12 | amount of such quarter monthly payments shall be credited | ||||||
13 | against the final tax
liability
of the taxpayer's return for | ||||||
14 | that month. Before October 1, 2000, once
applicable, the | ||||||
15 | requirement
of the making of quarter monthly payments to the | ||||||
16 | Department shall continue
until such taxpayer's average | ||||||
17 | monthly liability to the Department during
the preceding 4 | ||||||
18 | complete calendar quarters (excluding the month of highest
| ||||||
19 | liability and the month of lowest liability) is less than
| ||||||
20 | $9,000, or until
such taxpayer's average monthly liability to | ||||||
21 | the Department as computed for
each calendar quarter of the 4 | ||||||
22 | preceding complete calendar quarter period
is less than | ||||||
23 | $10,000. However, if a taxpayer can show the
Department that
a | ||||||
24 | substantial change in the taxpayer's business has occurred | ||||||
25 | which causes
the taxpayer to anticipate that his average | ||||||
26 | monthly tax liability for the
reasonably foreseeable future |
| |||||||
| |||||||
1 | will fall below the $10,000 threshold
stated above, then
such | ||||||
2 | taxpayer
may petition the Department for change in such | ||||||
3 | taxpayer's reporting status.
On and after October 1, 2000, once | ||||||
4 | applicable, the requirement of the making
of quarter monthly | ||||||
5 | payments to the Department shall continue until such
taxpayer's | ||||||
6 | average monthly liability to the Department during the | ||||||
7 | preceding 4
complete calendar quarters (excluding the month of | ||||||
8 | highest liability and the
month of lowest liability) is less | ||||||
9 | than $19,000 or until such taxpayer's
average monthly liability | ||||||
10 | to the Department as computed for each calendar
quarter of the | ||||||
11 | 4 preceding complete calendar quarter period is less than
| ||||||
12 | $20,000. However, if a taxpayer can show the Department that a | ||||||
13 | substantial
change in the taxpayer's business has occurred | ||||||
14 | which causes the taxpayer to
anticipate that his average | ||||||
15 | monthly tax liability for the reasonably
foreseeable future | ||||||
16 | will fall below the $20,000 threshold stated above, then
such | ||||||
17 | taxpayer may petition the Department for a change in such | ||||||
18 | taxpayer's
reporting status.
The Department shall change such | ||||||
19 | taxpayer's reporting status unless it
finds that such change is | ||||||
20 | seasonal in nature and not likely to be long
term. If any such | ||||||
21 | quarter monthly payment is not paid at the time or in
the | ||||||
22 | amount required by this Section, then the taxpayer shall be | ||||||
23 | liable for
penalties and interest on
the difference between the | ||||||
24 | minimum amount due and the amount of such
quarter monthly | ||||||
25 | payment actually and timely paid, except insofar as the
| ||||||
26 | taxpayer has previously made payments for that month to the |
| |||||||
| |||||||
1 | Department in
excess of the minimum payments previously due as | ||||||
2 | provided in this Section.
The Department shall make reasonable | ||||||
3 | rules and regulations to govern the
quarter monthly payment | ||||||
4 | amount and quarter monthly payment dates for
taxpayers who file | ||||||
5 | on other than a calendar monthly basis. | ||||||
6 | If any such payment provided for in this Section exceeds | ||||||
7 | the taxpayer's
liabilities under this Act, the Retailers' | ||||||
8 | Occupation Tax Act, the Service
Occupation Tax Act and the | ||||||
9 | Service Use Tax Act, as shown by an original
monthly return, | ||||||
10 | the Department shall issue to the taxpayer a credit
memorandum | ||||||
11 | no later than 30 days after the date of payment, which
| ||||||
12 | memorandum may be submitted by the taxpayer to the Department | ||||||
13 | in payment of
tax liability subsequently to be remitted by the | ||||||
14 | taxpayer to the Department
or be assigned by the taxpayer to a | ||||||
15 | similar taxpayer under this Act, the
Retailers' Occupation Tax | ||||||
16 | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||||||
17 | in accordance with reasonable rules and regulations to
be | ||||||
18 | prescribed by the Department, except that if such excess | ||||||
19 | payment is
shown on an original monthly return and is made | ||||||
20 | after December 31, 1986, no
credit memorandum shall be issued, | ||||||
21 | unless requested by the taxpayer. If no
such request is made, | ||||||
22 | the taxpayer may credit such excess payment against
tax | ||||||
23 | liability subsequently to be remitted by the taxpayer to the | ||||||
24 | Department
under this Act, the Retailers' Occupation Tax Act, | ||||||
25 | the Service Occupation
Tax Act or the Service Use Tax Act, in | ||||||
26 | accordance with reasonable rules and
regulations prescribed by |
| |||||||
| |||||||
1 | the Department. If the Department subsequently
determines that | ||||||
2 | all or any part of the credit taken was not actually due to
the | ||||||
3 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
4 | be
reduced by 2.1% or 1.75% of the difference between the | ||||||
5 | credit taken and
that actually due, and the taxpayer shall be | ||||||
6 | liable for penalties and
interest on such difference. | ||||||
7 | If the retailer is otherwise required to file a monthly | ||||||
8 | return and if the
retailer's average monthly tax liability to | ||||||
9 | the Department
does not exceed $200, the Department may | ||||||
10 | authorize his returns to be
filed on a quarter annual basis, | ||||||
11 | with the return for January, February,
and March of a given | ||||||
12 | year being due by April 20 of such year; with the
return for | ||||||
13 | April, May and June of a given year being due by July 20 of
such | ||||||
14 | year; with the return for July, August and September of a given
| ||||||
15 | year being due by October 20 of such year, and with the return | ||||||
16 | for
October, November and December of a given year being due by | ||||||
17 | January 20
of the following year. | ||||||
18 | If the retailer is otherwise required to file a monthly or | ||||||
19 | quarterly
return and if the retailer's average monthly tax | ||||||
20 | liability to the
Department does not exceed $50, the Department | ||||||
21 | may authorize his returns to
be filed on an annual basis, with | ||||||
22 | the return for a given year being due by
January 20 of the | ||||||
23 | following year. | ||||||
24 | Such quarter annual and annual returns, as to form and | ||||||
25 | substance,
shall be subject to the same requirements as monthly | ||||||
26 | returns. |
| |||||||
| |||||||
1 | Notwithstanding any other provision in this Act concerning | ||||||
2 | the time
within which a retailer may file his return, in the | ||||||
3 | case of any retailer
who ceases to engage in a kind of business | ||||||
4 | which makes him responsible
for filing returns under this Act, | ||||||
5 | such retailer shall file a final
return under this Act with the | ||||||
6 | Department not more than one month after
discontinuing such | ||||||
7 | business. | ||||||
8 | In addition, with respect to motor vehicles, watercraft,
| ||||||
9 | aircraft, and trailers that are required to be registered with | ||||||
10 | an agency of
this State, except as otherwise provided in this | ||||||
11 | Section, every
retailer selling this kind of tangible personal | ||||||
12 | property shall file,
with the Department, upon a form to be | ||||||
13 | prescribed and supplied by the
Department, a separate return | ||||||
14 | for each such item of tangible personal
property which the | ||||||
15 | retailer sells, except that if, in the same
transaction, (i) a | ||||||
16 | retailer of aircraft, watercraft, motor vehicles or
trailers | ||||||
17 | transfers more than
one aircraft, watercraft, motor
vehicle or | ||||||
18 | trailer to another aircraft, watercraft, motor vehicle or
| ||||||
19 | trailer retailer for the purpose of resale
or (ii) a retailer | ||||||
20 | of aircraft, watercraft, motor vehicles, or trailers
transfers | ||||||
21 | more than one aircraft, watercraft, motor vehicle, or trailer | ||||||
22 | to a
purchaser for use as a qualifying rolling stock as | ||||||
23 | provided in Section 3-55 of
this Act, then
that seller may | ||||||
24 | report the transfer of all the
aircraft, watercraft, motor
| ||||||
25 | vehicles
or trailers involved in that transaction to the | ||||||
26 | Department on the same
uniform
invoice-transaction reporting |
| |||||||
| |||||||
1 | return form.
For purposes of this Section, "watercraft" means a | ||||||
2 | Class 2, Class 3, or
Class
4 watercraft as defined in Section | ||||||
3 | 3-2 of the Boat Registration and Safety Act,
a
personal | ||||||
4 | watercraft, or any boat equipped with an inboard motor. | ||||||
5 | In addition, with respect to motor vehicles, watercraft, | ||||||
6 | aircraft, and trailers that are required to be registered with | ||||||
7 | an agency of this State, every person who is engaged in the | ||||||
8 | business of leasing or renting such items and who, in | ||||||
9 | connection with such business, sells any such item to a | ||||||
10 | retailer for the purpose of resale is, notwithstanding any | ||||||
11 | other provision of this Section to the contrary, authorized to | ||||||
12 | meet the return-filing requirement of this Act by reporting the | ||||||
13 | transfer of all the aircraft, watercraft, motor vehicles, or | ||||||
14 | trailers transferred for resale during a month to the | ||||||
15 | Department on the same uniform invoice-transaction reporting | ||||||
16 | return form on or before the 20th of the month following the | ||||||
17 | month in which the transfer takes place. Notwithstanding any | ||||||
18 | other provision of this Act to the contrary, all returns filed | ||||||
19 | under this paragraph must be filed by electronic means in the | ||||||
20 | manner and form as required by the Department. | ||||||
21 | The transaction reporting return in the case of motor | ||||||
22 | vehicles
or trailers that are required to be registered with an | ||||||
23 | agency of this
State, shall
be the same document as the Uniform | ||||||
24 | Invoice referred to in Section 5-402
of the Illinois Vehicle | ||||||
25 | Code and must show the name and address of the
seller; the name | ||||||
26 | and address of the purchaser; the amount of the selling
price |
| |||||||
| |||||||
1 | including the amount allowed by the retailer for traded-in
| ||||||
2 | property, if any; the amount allowed by the retailer for the | ||||||
3 | traded-in
tangible personal property, if any, to the extent to | ||||||
4 | which Section 2 of
this Act allows an exemption for the value | ||||||
5 | of traded-in property; the
balance payable after deducting such | ||||||
6 | trade-in allowance from the total
selling price; the amount of | ||||||
7 | tax due from the retailer with respect to
such transaction; the | ||||||
8 | amount of tax collected from the purchaser by the
retailer on | ||||||
9 | such transaction (or satisfactory evidence that such tax is
not | ||||||
10 | due in that particular instance, if that is claimed to be the | ||||||
11 | fact);
the place and date of the sale; a sufficient | ||||||
12 | identification of the
property sold; such other information as | ||||||
13 | is required in Section 5-402 of
the Illinois Vehicle Code, and | ||||||
14 | such other information as the Department
may reasonably | ||||||
15 | require. | ||||||
16 | The transaction reporting return in the case of watercraft
| ||||||
17 | and aircraft must show
the name and address of the seller; the | ||||||
18 | name and address of the
purchaser; the amount of the selling | ||||||
19 | price including the amount allowed
by the retailer for | ||||||
20 | traded-in property, if any; the amount allowed by
the retailer | ||||||
21 | for the traded-in tangible personal property, if any, to
the | ||||||
22 | extent to which Section 2 of this Act allows an exemption for | ||||||
23 | the
value of traded-in property; the balance payable after | ||||||
24 | deducting such
trade-in allowance from the total selling price; | ||||||
25 | the amount of tax due
from the retailer with respect to such | ||||||
26 | transaction; the amount of tax
collected from the purchaser by |
| |||||||
| |||||||
1 | the retailer on such transaction (or
satisfactory evidence that | ||||||
2 | such tax is not due in that particular
instance, if that is | ||||||
3 | claimed to be the fact); the place and date of the
sale, a | ||||||
4 | sufficient identification of the property sold, and such other
| ||||||
5 | information as the Department may reasonably require. | ||||||
6 | Such transaction reporting return shall be filed not later | ||||||
7 | than 20
days after the date of delivery of the item that is | ||||||
8 | being sold, but may
be filed by the retailer at any time sooner | ||||||
9 | than that if he chooses to
do so. The transaction reporting | ||||||
10 | return and tax remittance or proof of
exemption from the tax | ||||||
11 | that is imposed by this Act may be transmitted to
the | ||||||
12 | Department by way of the State agency with which, or State | ||||||
13 | officer
with whom, the tangible personal property must be | ||||||
14 | titled or registered
(if titling or registration is required) | ||||||
15 | if the Department and such
agency or State officer determine | ||||||
16 | that this procedure will expedite the
processing of | ||||||
17 | applications for title or registration. | ||||||
18 | With each such transaction reporting return, the retailer | ||||||
19 | shall remit
the proper amount of tax due (or shall submit | ||||||
20 | satisfactory evidence that
the sale is not taxable if that is | ||||||
21 | the case), to the Department or its
agents, whereupon the | ||||||
22 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
23 | (or a certificate of exemption if the Department is
satisfied | ||||||
24 | that the particular sale is tax exempt) which such purchaser
| ||||||
25 | may submit to the agency with which, or State officer with | ||||||
26 | whom, he must
title or register the tangible personal property |
| |||||||
| |||||||
1 | that is involved (if
titling or registration is required) in | ||||||
2 | support of such purchaser's
application for an Illinois | ||||||
3 | certificate or other evidence of title or
registration to such | ||||||
4 | tangible personal property. | ||||||
5 | No retailer's failure or refusal to remit tax under this | ||||||
6 | Act
precludes a user, who has paid the proper tax to the | ||||||
7 | retailer, from
obtaining his certificate of title or other | ||||||
8 | evidence of title or
registration (if titling or registration | ||||||
9 | is required) upon satisfying
the Department that such user has | ||||||
10 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
11 | Department shall adopt appropriate rules to carry out
the | ||||||
12 | mandate of this paragraph. | ||||||
13 | If the user who would otherwise pay tax to the retailer | ||||||
14 | wants the
transaction reporting return filed and the payment of | ||||||
15 | tax or proof of
exemption made to the Department before the | ||||||
16 | retailer is willing to take
these actions and such user has not | ||||||
17 | paid the tax to the retailer, such
user may certify to the fact | ||||||
18 | of such delay by the retailer, and may
(upon the Department | ||||||
19 | being satisfied of the truth of such certification)
transmit | ||||||
20 | the information required by the transaction reporting return
| ||||||
21 | and the remittance for tax or proof of exemption directly to | ||||||
22 | the
Department and obtain his tax receipt or exemption | ||||||
23 | determination, in
which event the transaction reporting return | ||||||
24 | and tax remittance (if a
tax payment was required) shall be | ||||||
25 | credited by the Department to the
proper retailer's account | ||||||
26 | with the Department, but without the 2.1% or 1.75%
discount |
| |||||||
| |||||||
1 | provided for in this Section being allowed. When the user pays
| ||||||
2 | the tax directly to the Department, he shall pay the tax in the | ||||||
3 | same
amount and in the same form in which it would be remitted | ||||||
4 | if the tax had
been remitted to the Department by the retailer. | ||||||
5 | Where a retailer collects the tax with respect to the | ||||||
6 | selling price
of tangible personal property which he sells and | ||||||
7 | the purchaser
thereafter returns such tangible personal | ||||||
8 | property and the retailer
refunds the selling price thereof to | ||||||
9 | the purchaser, such retailer shall
also refund, to the | ||||||
10 | purchaser, the tax so collected from the purchaser.
When filing | ||||||
11 | his return for the period in which he refunds such tax to
the | ||||||
12 | purchaser, the retailer may deduct the amount of the tax so | ||||||
13 | refunded
by him to the purchaser from any other use tax which | ||||||
14 | such retailer may
be required to pay or remit to the | ||||||
15 | Department, as shown by such return,
if the amount of the tax | ||||||
16 | to be deducted was previously remitted to the
Department by | ||||||
17 | such retailer. If the retailer has not previously
remitted the | ||||||
18 | amount of such tax to the Department, he is entitled to no
| ||||||
19 | deduction under this Act upon refunding such tax to the | ||||||
20 | purchaser. | ||||||
21 | Any retailer filing a return under this Section shall also | ||||||
22 | include
(for the purpose of paying tax thereon) the total tax | ||||||
23 | covered by such
return upon the selling price of tangible | ||||||
24 | personal property purchased by
him at retail from a retailer, | ||||||
25 | but as to which the tax imposed by this
Act was not collected | ||||||
26 | from the retailer filing such return, and such
retailer shall |
| |||||||
| |||||||
1 | remit the amount of such tax to the Department when
filing such | ||||||
2 | return. | ||||||
3 | If experience indicates such action to be practicable, the | ||||||
4 | Department
may prescribe and furnish a combination or joint | ||||||
5 | return which will
enable retailers, who are required to file | ||||||
6 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
7 | Act, to furnish all the return
information required by both | ||||||
8 | Acts on the one form. | ||||||
9 | Where the retailer has more than one business registered | ||||||
10 | with the
Department under separate registration under this Act, | ||||||
11 | such retailer may
not file each return that is due as a single | ||||||
12 | return covering all such
registered businesses, but shall file | ||||||
13 | separate returns for each such
registered business. | ||||||
14 | Beginning January 1, 1990, each month the Department shall | ||||||
15 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
16 | fund in the State Treasury
which is hereby created, the net | ||||||
17 | revenue realized for the preceding month
from the 1% tax | ||||||
18 | imposed under this Act. | ||||||
19 | Beginning January 1, 1990, each month the Department shall | ||||||
20 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
21 | net revenue realized
for the preceding month from the 6.25% | ||||||
22 | general rate
on the selling price of tangible personal property | ||||||
23 | which is purchased
outside Illinois at retail from a retailer | ||||||
24 | and which is titled or
registered by an agency of this State's | ||||||
25 | government. | ||||||
26 | Beginning January 1, 1990, each month the Department shall |
| |||||||
| |||||||
1 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
2 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
3 | the preceding month from the 6.25% general rate on the selling
| ||||||
4 | price of tangible personal property, other than tangible | ||||||
5 | personal property
which is purchased outside Illinois at retail | ||||||
6 | from a retailer and which is
titled or registered by an agency | ||||||
7 | of this State's government. | ||||||
8 | Beginning August 1, 2000, each
month the Department shall | ||||||
9 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
10 | net revenue realized for the
preceding month from the 1.25% | ||||||
11 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
12 | September 1, 2010, each
month the Department shall pay into the
| ||||||
13 | State and Local Sales Tax Reform Fund 100% of the net revenue | ||||||
14 | realized for the
preceding month from the 1.25% rate on the | ||||||
15 | selling price of sales tax holiday items. | ||||||
16 | Beginning January 1, 1990, each month the Department shall | ||||||
17 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
18 | realized for the
preceding month from the 6.25% general rate on | ||||||
19 | the selling price of
tangible personal property which is | ||||||
20 | purchased outside Illinois at retail
from a retailer and which | ||||||
21 | is titled or registered by an agency of this
State's | ||||||
22 | government. | ||||||
23 | Beginning October 1, 2009, each month the Department shall | ||||||
24 | pay into the Capital Projects Fund an amount that is equal to | ||||||
25 | an amount estimated by the Department to represent 80% of the | ||||||
26 | net revenue realized for the preceding month from the sale of |
| |||||||
| |||||||
1 | candy, grooming and hygiene products, and soft drinks that had | ||||||
2 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
3 | are now taxed at 6.25%. | ||||||
4 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
5 | into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
6 | realized for the
preceding month from the 6.25% general rate on | ||||||
7 | the selling price of sorbents used in Illinois in the process | ||||||
8 | of sorbent injection as used to comply with the Environmental | ||||||
9 | Protection Act or the federal Clean Air Act, but the total | ||||||
10 | payment into the Clean Air Act Permit Fund under this Act and | ||||||
11 | the Retailers' Occupation Tax Act shall not exceed $2,000,000 | ||||||
12 | in any fiscal year. | ||||||
13 | Beginning July 1, 2013, each month the Department shall pay | ||||||
14 | into the Underground Storage Tank Fund from the proceeds | ||||||
15 | collected under this Act, the Service Use Tax Act, the Service | ||||||
16 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
17 | amount equal to the average monthly deficit in the Underground | ||||||
18 | Storage Tank Fund during the prior year, as certified annually | ||||||
19 | by the Illinois Environmental Protection Agency, but the total | ||||||
20 | payment into the Underground Storage Tank Fund under this Act, | ||||||
21 | the Service Use Tax Act, the Service Occupation Tax Act, and | ||||||
22 | the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||||||
23 | in any State fiscal year. As used in this paragraph, the | ||||||
24 | "average monthly deficit" shall be equal to the difference | ||||||
25 | between the average monthly claims for payment by the fund and | ||||||
26 | the average monthly revenues deposited into the fund, excluding |
| |||||||
| |||||||
1 | payments made pursuant to this paragraph. | ||||||
2 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
3 | received by the Department under this Act, the Service Use Tax | ||||||
4 | Act, the Service Occupation Tax Act, and the Retailers' | ||||||
5 | Occupation Tax Act, each month the Department shall deposit | ||||||
6 | $500,000 into the State Crime Laboratory Fund. | ||||||
7 | Of the remainder of the moneys received by the Department | ||||||
8 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
9 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
10 | and after July 1, 1989, 3.8% thereof shall be paid into the
| ||||||
11 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
12 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
13 | may be, of the
moneys received by the Department and required | ||||||
14 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
15 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
16 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
17 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
18 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
19 | may be, of moneys being hereinafter called the "Tax Act | ||||||
20 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
21 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
22 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
23 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
24 | difference shall be immediately paid into the Build
Illinois | ||||||
25 | Fund from other moneys received by the Department pursuant to | ||||||
26 | the
Tax Acts; and further provided, that if on the last |
| |||||||
| |||||||
1 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
2 | required to be deposited into the
Build Illinois Bond Account | ||||||
3 | in the Build Illinois Fund during such month
and (2) the amount | ||||||
4 | transferred during such month to the Build Illinois Fund
from | ||||||
5 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
6 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
7 | the difference
shall be immediately paid into the Build | ||||||
8 | Illinois Fund from other moneys
received by the Department | ||||||
9 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
10 | event shall the payments required under the
preceding proviso | ||||||
11 | result in aggregate payments into the Build Illinois Fund
| ||||||
12 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
13 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
14 | Specified Amount for such
fiscal year; and, further provided, | ||||||
15 | that the amounts payable into the Build
Illinois Fund under | ||||||
16 | this clause (b) shall be payable only until such time
as the | ||||||
17 | aggregate amount on deposit under each trust
indenture securing | ||||||
18 | Bonds issued and outstanding pursuant to the Build
Illinois | ||||||
19 | Bond Act is sufficient, taking into account any future | ||||||
20 | investment
income, to fully provide, in accordance with such | ||||||
21 | indenture, for the
defeasance of or the payment of the | ||||||
22 | principal of, premium, if any, and
interest on the Bonds | ||||||
23 | secured by such indenture and on any Bonds expected
to be | ||||||
24 | issued thereafter and all fees and costs payable with respect | ||||||
25 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
26 | Budget (now Governor's Office of Management and Budget). If
on |
| |||||||
| |||||||
1 | the last
business day of any month in which Bonds are | ||||||
2 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
3 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
4 | Account in the Build Illinois Fund in such month
shall be less | ||||||
5 | than the amount required to be transferred in such month from
| ||||||
6 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
7 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
8 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
9 | shall be immediately paid
from other moneys received by the | ||||||
10 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
11 | provided, however, that any amounts paid to the
Build Illinois | ||||||
12 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
13 | deemed to constitute payments pursuant to clause (b) of the | ||||||
14 | preceding
sentence and shall reduce the amount otherwise | ||||||
15 | payable for such fiscal year
pursuant to clause (b) of the | ||||||
16 | preceding sentence. The moneys received by
the Department | ||||||
17 | pursuant to this Act and required to be deposited into the
| ||||||
18 | Build Illinois Fund are subject to the pledge, claim and charge | ||||||
19 | set forth
in Section 12 of the Build Illinois Bond Act. | ||||||
20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
21 | as provided in
the preceding paragraph or in any amendment | ||||||
22 | thereto hereafter enacted, the
following specified monthly | ||||||
23 | installment of the amount requested in the
certificate of the | ||||||
24 | Chairman of the Metropolitan Public Pier and Exposition
| ||||||
25 | Authority provided under Section 8.25f of the State Finance | ||||||
26 | Act, but not in
excess of the sums designated as "Total |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Deposit", shall be
deposited in the aggregate from collections | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | under Section 9 of the Use Tax
Act, Section 9 of the Service | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Use Tax Act, Section 9 of the Service
Occupation Tax Act, and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 3 of the Retailers' Occupation Tax Act into
the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | McCormick Place Expansion Project Fund in the specified fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
9 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||
10 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||
11 | certificate of the Chairman of
the Metropolitan Public Pier and | ||||||||||||||||||||||||||||||||||||||||||||||
12 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||
13 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||
14 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||
15 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||
16 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||
17 | required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||||||||||||
18 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||||||||||||||||
19 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||||||||||||
20 | not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||||||||||||||||||||||||||||||||
21 | has been deposited. | ||||||||||||||||||||||||||||||||||||||||||||||
22 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||
23 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||||||||||||||||||||||||||||||||
24 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||||||||||||||||||||||||||||||||||||||||||
25 | enacted,
beginning July 1, 1993 and ending on September 30, | ||||||||||||||||||||||||||||||||||||||||||||||
26 | 2013, the Department shall each month pay into the Illinois
Tax |
| |||||||
| |||||||
1 | Increment Fund 0.27% of 80% of the net revenue realized for the | ||||||
2 | preceding
month from the 6.25% general rate on the selling | ||||||
3 | price of tangible personal
property. | ||||||
4 | Subject to payment of amounts into the Build Illinois Fund | ||||||
5 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
6 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
7 | enacted, beginning with the receipt of the first
report of | ||||||
8 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
9 | period, the Department shall each month pay into the Energy | ||||||
10 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
11 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
12 | that was sold to an eligible business.
For purposes of this | ||||||
13 | paragraph, the term "eligible business" means a new
electric | ||||||
14 | generating facility certified pursuant to Section 605-332 of | ||||||
15 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
16 | Civil Administrative
Code of Illinois. | ||||||
17 | Subject to payment of amounts into the Build Illinois Fund, | ||||||
18 | the McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
19 | Increment Fund, and the Energy Infrastructure Fund pursuant to | ||||||
20 | the preceding paragraphs or in any amendments to this Section | ||||||
21 | hereafter enacted, beginning on the first day of the first | ||||||
22 | calendar month to occur on or after August 26, 2014 (the | ||||||
23 | effective date of Public Act 98-1098), each month, from the | ||||||
24 | collections made under Section 9 of the Use Tax Act, Section 9 | ||||||
25 | of the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
26 | Tax Act, and Section 3 of the Retailers' Occupation Tax Act, |
| |||||||
| |||||||
1 | the Department shall pay into the Tax Compliance and | ||||||
2 | Administration Fund, to be used, subject to appropriation, to | ||||||
3 | fund additional auditors and compliance personnel at the | ||||||
4 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
5 | the cash receipts collected during the preceding fiscal year by | ||||||
6 | the Audit Bureau of the Department under the Use Tax Act, the | ||||||
7 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
8 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
9 | and use taxes administered by the Department. | ||||||
10 | Subject to payments of amounts into the Build Illinois | ||||||
11 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
12 | Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||||||
13 | Compliance and Administration Fund as provided in this Section, | ||||||
14 | beginning on July 1, 2018 the Department shall pay each month | ||||||
15 | into the Downstate Public Transportation Fund the moneys | ||||||
16 | required to be so paid under Section 2-3 of the Downstate | ||||||
17 | Public Transportation Act. | ||||||
18 | Of the remainder of the moneys received by the Department | ||||||
19 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
20 | Treasury and 25%
shall be reserved in a special account and | ||||||
21 | used only for the transfer to
the Common School Fund as part of | ||||||
22 | the monthly transfer from the General
Revenue Fund in | ||||||
23 | accordance with Section 8a of the State
Finance Act. | ||||||
24 | As soon as possible after the first day of each month, upon | ||||||
25 | certification
of the Department of Revenue, the Comptroller | ||||||
26 | shall order transferred and
the Treasurer shall transfer from |
| |||||||
| |||||||
1 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
2 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
3 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
4 | transfer is no longer required
and shall not be made. | ||||||
5 | Net revenue realized for a month shall be the revenue | ||||||
6 | collected
by the State pursuant to this Act, less the amount | ||||||
7 | paid out during that
month as refunds to taxpayers for | ||||||
8 | overpayment of liability. | ||||||
9 | For greater simplicity of administration, manufacturers, | ||||||
10 | importers
and wholesalers whose products are sold at retail in | ||||||
11 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
12 | assume the responsibility
for accounting and paying to the | ||||||
13 | Department all tax accruing under this
Act with respect to such | ||||||
14 | sales, if the retailers who are affected do not
make written | ||||||
15 | objection to the Department to this arrangement. | ||||||
16 | (Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||||||
17 | 99-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff. | ||||||
18 | 7-1-18; 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19.)
| ||||||
19 | Section 35. The Service Use Tax Act is amended by changing | ||||||
20 | Section 9 as follows:
| ||||||
21 | (35 ILCS 110/9) (from Ch. 120, par. 439.39)
| ||||||
22 | Sec. 9. Each serviceman required or authorized to collect | ||||||
23 | the tax
herein imposed shall pay to the Department the amount | ||||||
24 | of such tax
(except as otherwise provided) at the time when he |
| |||||||
| |||||||
1 | is required to file
his return for the period during which such | ||||||
2 | tax was collected, less a
discount of 2.1% prior to January 1, | ||||||
3 | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||||||
4 | year, whichever is greater, which is allowed to
reimburse the | ||||||
5 | serviceman for expenses incurred in collecting the tax,
keeping | ||||||
6 | records, preparing and filing returns, remitting the tax and
| ||||||
7 | supplying data to the Department on request. The discount | ||||||
8 | allowed under this Section is allowed only for returns that are | ||||||
9 | filed in the manner required by this Act. The Department may | ||||||
10 | disallow the discount for servicemen whose certificate of | ||||||
11 | registration is revoked at the time the return is filed, but | ||||||
12 | only if the Department's decision to revoke the certificate of | ||||||
13 | registration has become final. A serviceman need not remit
that | ||||||
14 | part of any tax collected by him to the extent that he is | ||||||
15 | required to
pay and does pay the tax imposed by the Service | ||||||
16 | Occupation Tax Act with
respect to his sale of service | ||||||
17 | involving the incidental transfer by him of
the same property. | ||||||
18 | Except as provided hereinafter in this Section, on or | ||||||
19 | before the twentieth
day of each calendar month, such | ||||||
20 | serviceman shall file a return for the
preceding calendar month | ||||||
21 | in accordance with reasonable Rules and
Regulations to be | ||||||
22 | promulgated by the Department. Such return shall be
filed on a | ||||||
23 | form prescribed by the Department and shall contain such
| ||||||
24 | information as the Department may reasonably require. On and | ||||||
25 | after January 1, 2018, with respect to servicemen whose annual | ||||||
26 | gross receipts average $20,000 or more, all returns required to |
| |||||||
| |||||||
1 | be filed pursuant to this Act shall be filed electronically. | ||||||
2 | Servicemen who demonstrate that they do not have access to the | ||||||
3 | Internet or demonstrate hardship in filing electronically may | ||||||
4 | petition the Department to waive the electronic filing | ||||||
5 | requirement. | ||||||
6 | The Department may require returns to be filed on a | ||||||
7 | quarterly basis.
If so required, a return for each calendar | ||||||
8 | quarter shall be filed on or
before the twentieth day of the | ||||||
9 | calendar month following the end of such
calendar quarter. The | ||||||
10 | taxpayer shall also file a return with the
Department for each | ||||||
11 | of the first two months of each calendar quarter, on or
before | ||||||
12 | the twentieth day of the following calendar month, stating: | ||||||
13 | 1. The name of the seller; | ||||||
14 | 2. The address of the principal place of business from | ||||||
15 | which he engages
in business as a serviceman in this State; | ||||||
16 | 3. The total amount of taxable receipts received by him | ||||||
17 | during the
preceding calendar month, including receipts | ||||||
18 | from charge and time sales,
but less all deductions allowed | ||||||
19 | by law; | ||||||
20 | 4. The amount of credit provided in Section 2d of this | ||||||
21 | Act; | ||||||
22 | 5. The amount of tax due; | ||||||
23 | 5-5. The signature of the taxpayer; and | ||||||
24 | 6. Such other reasonable information as the Department | ||||||
25 | may
require. | ||||||
26 | If a taxpayer fails to sign a return within 30 days after |
| |||||||
| |||||||
1 | the proper notice
and demand for signature by the Department, | ||||||
2 | the return shall be considered
valid and any amount shown to be | ||||||
3 | due on the return shall be deemed assessed. | ||||||
4 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
5 | monthly tax
liability of $150,000 or more shall make all | ||||||
6 | payments required by rules of
the Department by electronic | ||||||
7 | funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||||||
8 | an average monthly tax liability of $100,000 or more shall
make | ||||||
9 | all payments required by rules of the Department by electronic | ||||||
10 | funds
transfer. Beginning October 1, 1995, a taxpayer who has | ||||||
11 | an average monthly
tax liability of $50,000 or more shall make | ||||||
12 | all payments required by rules
of the Department by electronic | ||||||
13 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
14 | an annual tax liability of
$200,000 or more shall make all | ||||||
15 | payments required by rules of the Department by
electronic | ||||||
16 | funds transfer. The term "annual tax liability" shall be the | ||||||
17 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
18 | other State and local
occupation and use tax laws administered | ||||||
19 | by the Department, for the immediately
preceding calendar year.
| ||||||
20 | The term "average monthly tax
liability" means the sum of the | ||||||
21 | taxpayer's liabilities under this Act, and
under all other | ||||||
22 | State and local occupation and use tax laws administered by the
| ||||||
23 | Department, for the immediately preceding calendar year | ||||||
24 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
25 | a tax liability in the
amount set forth in subsection (b) of | ||||||
26 | Section 2505-210 of the Department of
Revenue Law shall make |
| |||||||
| |||||||
1 | all payments required by rules of the Department by
electronic | ||||||
2 | funds transfer. | ||||||
3 | Before August 1 of each year beginning in 1993, the | ||||||
4 | Department shall
notify all taxpayers required to make payments | ||||||
5 | by electronic funds transfer.
All taxpayers required to make | ||||||
6 | payments by electronic funds transfer shall
make those payments | ||||||
7 | for a minimum of one year beginning on October 1. | ||||||
8 | Any taxpayer not required to make payments by electronic | ||||||
9 | funds transfer
may make payments by electronic funds transfer | ||||||
10 | with the permission of the
Department. | ||||||
11 | All taxpayers required to make payment by electronic funds | ||||||
12 | transfer and
any taxpayers authorized to voluntarily make | ||||||
13 | payments by electronic funds
transfer shall make those payments | ||||||
14 | in the manner authorized by the Department. | ||||||
15 | The Department shall adopt such rules as are necessary to | ||||||
16 | effectuate a
program of electronic funds transfer and the | ||||||
17 | requirements of this Section. | ||||||
18 | If the serviceman is otherwise required to file a monthly | ||||||
19 | return and
if the serviceman's average monthly tax liability to | ||||||
20 | the Department
does not exceed $200, the Department may | ||||||
21 | authorize his returns to be
filed on a quarter annual basis, | ||||||
22 | with the return for January, February
and March of a given year | ||||||
23 | being due by April 20 of such year; with the
return for April, | ||||||
24 | May and June of a given year being due by July 20 of
such year; | ||||||
25 | with the return for July, August and September of a given
year | ||||||
26 | being due by October 20 of such year, and with the return for
|
| |||||||
| |||||||
1 | October, November and December of a given year being due by | ||||||
2 | January 20
of the following year. | ||||||
3 | If the serviceman is otherwise required to file a monthly | ||||||
4 | or quarterly
return and if the serviceman's average monthly tax | ||||||
5 | liability to the Department
does not exceed $50, the Department | ||||||
6 | may authorize his returns to be
filed on an annual basis, with | ||||||
7 | the return for a given year being due by
January 20 of the | ||||||
8 | following year. | ||||||
9 | Such quarter annual and annual returns, as to form and | ||||||
10 | substance,
shall be subject to the same requirements as monthly | ||||||
11 | returns. | ||||||
12 | Notwithstanding any other provision in this Act concerning | ||||||
13 | the time
within which a serviceman may file his return, in the | ||||||
14 | case of any
serviceman who ceases to engage in a kind of | ||||||
15 | business which makes him
responsible for filing returns under | ||||||
16 | this Act, such serviceman shall
file a final return under this | ||||||
17 | Act with the Department not more than 1
month after | ||||||
18 | discontinuing such business. | ||||||
19 | Where a serviceman collects the tax with respect to the | ||||||
20 | selling price of
property which he sells and the purchaser | ||||||
21 | thereafter returns such
property and the serviceman refunds the | ||||||
22 | selling price thereof to the
purchaser, such serviceman shall | ||||||
23 | also refund, to the purchaser, the tax
so collected from the | ||||||
24 | purchaser. When filing his return for the period
in which he | ||||||
25 | refunds such tax to the purchaser, the serviceman may deduct
| ||||||
26 | the amount of the tax so refunded by him to the purchaser from |
| |||||||
| |||||||
1 | any other
Service Use Tax, Service Occupation Tax, retailers' | ||||||
2 | occupation tax or
use tax which such serviceman may be required | ||||||
3 | to pay or remit to the
Department, as shown by such return, | ||||||
4 | provided that the amount of the tax
to be deducted shall | ||||||
5 | previously have been remitted to the Department by
such | ||||||
6 | serviceman. If the serviceman shall not previously have | ||||||
7 | remitted
the amount of such tax to the Department, he shall be | ||||||
8 | entitled to no
deduction hereunder upon refunding such tax to | ||||||
9 | the purchaser. | ||||||
10 | Any serviceman filing a return hereunder shall also include | ||||||
11 | the total
tax upon the selling price of tangible personal | ||||||
12 | property purchased for use
by him as an incident to a sale of | ||||||
13 | service, and such serviceman shall remit
the amount of such tax | ||||||
14 | to the Department when filing such return. | ||||||
15 | If experience indicates such action to be practicable, the | ||||||
16 | Department
may prescribe and furnish a combination or joint | ||||||
17 | return which will
enable servicemen, who are required to file | ||||||
18 | returns hereunder and also
under the Service Occupation Tax | ||||||
19 | Act, to furnish all the return
information required by both | ||||||
20 | Acts on the one form. | ||||||
21 | Where the serviceman has more than one business registered | ||||||
22 | with the
Department under separate registration hereunder, | ||||||
23 | such serviceman shall
not file each return that is due as a | ||||||
24 | single return covering all such
registered businesses, but | ||||||
25 | shall file separate returns for each such
registered business. | ||||||
26 | Beginning January 1, 1990, each month the Department shall |
| |||||||
| |||||||
1 | pay into
the State and Local Tax Reform Fund, a special fund in | ||||||
2 | the State Treasury,
the net revenue realized for the preceding | ||||||
3 | month from the 1% tax imposed under this Act. | ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into
the State and Local Sales Tax Reform Fund 20% of the | ||||||
6 | net revenue realized
for the preceding month from the 6.25% | ||||||
7 | general rate on transfers of
tangible personal property, other | ||||||
8 | than tangible personal property which is
purchased outside | ||||||
9 | Illinois at retail from a retailer and which is titled or
| ||||||
10 | registered by an agency of this State's government. | ||||||
11 | Beginning August 1, 2000, each
month the Department shall | ||||||
12 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
13 | net revenue realized for the
preceding
month from the 1.25% | ||||||
14 | rate on the selling price of motor fuel and gasohol. | ||||||
15 | Beginning October 1, 2009, each month the Department shall | ||||||
16 | pay into the Capital Projects Fund an amount that is equal to | ||||||
17 | an amount estimated by the Department to represent 80% of the | ||||||
18 | net revenue realized for the preceding month from the sale of | ||||||
19 | candy, grooming and hygiene products, and soft drinks that had | ||||||
20 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
21 | are now taxed at 6.25%. | ||||||
22 | Beginning July 1, 2013, each month the Department shall pay | ||||||
23 | into the Underground Storage Tank Fund from the proceeds | ||||||
24 | collected under this Act, the Use Tax Act, the Service | ||||||
25 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
26 | amount equal to the average monthly deficit in the Underground |
| |||||||
| |||||||
1 | Storage Tank Fund during the prior year, as certified annually | ||||||
2 | by the Illinois Environmental Protection Agency, but the total | ||||||
3 | payment into the Underground Storage Tank Fund under this Act, | ||||||
4 | the Use Tax Act, the Service Occupation Tax Act, and the | ||||||
5 | Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||||||
6 | any State fiscal year. As used in this paragraph, the "average | ||||||
7 | monthly deficit" shall be equal to the difference between the | ||||||
8 | average monthly claims for payment by the fund and the average | ||||||
9 | monthly revenues deposited into the fund, excluding payments | ||||||
10 | made pursuant to this paragraph. | ||||||
11 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
12 | received by the Department under the Use Tax Act, this Act, the | ||||||
13 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
14 | Act, each month the Department shall deposit $500,000 into the | ||||||
15 | State Crime Laboratory Fund. | ||||||
16 | Of the remainder of the moneys received by the Department | ||||||
17 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
18 | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
19 | and after July 1,
1989, 3.8% thereof shall be paid into the | ||||||
20 | Build Illinois Fund; provided,
however, that if in any fiscal | ||||||
21 | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | ||||||
22 | may be, of the moneys received by the Department and
required | ||||||
23 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
24 | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
25 | Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||||||
26 | Service Occupation Tax
Act, such Acts being hereinafter called |
| |||||||
| |||||||
1 | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||||||
2 | may be, of moneys being hereinafter called the
"Tax Act | ||||||
3 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
4 | Fund
from the State and Local Sales Tax Reform Fund shall be | ||||||
5 | less than the
Annual Specified Amount (as defined in Section 3 | ||||||
6 | of the Retailers'
Occupation Tax Act), an amount equal to the | ||||||
7 | difference shall be immediately
paid into the Build Illinois | ||||||
8 | Fund from other moneys received by the
Department pursuant to | ||||||
9 | the Tax Acts; and further provided, that if on the
last | ||||||
10 | business day of any month the sum of (1) the Tax Act Amount | ||||||
11 | required
to be deposited into the Build Illinois Bond Account | ||||||
12 | in the Build Illinois
Fund during such month and (2) the amount | ||||||
13 | transferred during such month to
the Build Illinois Fund from | ||||||
14 | the State and Local Sales Tax Reform Fund
shall have been less | ||||||
15 | than 1/12 of the Annual Specified Amount, an amount
equal to | ||||||
16 | the difference shall be immediately paid into the Build | ||||||
17 | Illinois
Fund from other moneys received by the Department | ||||||
18 | pursuant to the Tax Acts;
and, further provided, that in no | ||||||
19 | event shall the payments required under
the preceding proviso | ||||||
20 | result in aggregate payments into the Build Illinois
Fund | ||||||
21 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
22 | the
greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
23 | Specified Amount for
such fiscal year; and, further provided, | ||||||
24 | that the amounts payable into the
Build Illinois Fund under | ||||||
25 | this clause (b) shall be payable only until such
time as the | ||||||
26 | aggregate amount on deposit under each trust indenture securing
|
| |||||||
| |||||||
1 | Bonds issued and outstanding pursuant to the Build Illinois | ||||||
2 | Bond Act is
sufficient, taking into account any future | ||||||
3 | investment income, to fully
provide, in accordance with such | ||||||
4 | indenture, for the defeasance of or the
payment of the | ||||||
5 | principal of, premium, if any, and interest on the Bonds
| ||||||
6 | secured by such indenture and on any Bonds expected to be | ||||||
7 | issued thereafter
and all fees and costs payable with respect | ||||||
8 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
9 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
10 | the last business day of
any month in which Bonds are | ||||||
11 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
12 | aggregate of the moneys deposited in the Build Illinois Bond
| ||||||
13 | Account in the Build Illinois Fund in such month shall be less | ||||||
14 | than the
amount required to be transferred in such month from | ||||||
15 | the Build Illinois
Bond Account to the Build Illinois Bond | ||||||
16 | Retirement and Interest Fund
pursuant to Section 13 of the | ||||||
17 | Build Illinois Bond Act, an amount equal to
such deficiency | ||||||
18 | shall be immediately paid from other moneys received by the
| ||||||
19 | Department pursuant to the Tax Acts to the Build Illinois Fund; | ||||||
20 | provided,
however, that any amounts paid to the Build Illinois | ||||||
21 | Fund in any fiscal
year pursuant to this sentence shall be | ||||||
22 | deemed to constitute payments
pursuant to clause (b) of the | ||||||
23 | preceding sentence and shall reduce the
amount otherwise | ||||||
24 | payable for such fiscal year pursuant to clause (b) of the
| ||||||
25 | preceding sentence. The moneys received by the Department | ||||||
26 | pursuant to this
Act and required to be deposited into the |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Build Illinois Fund are subject
to the pledge, claim and charge | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | set forth in Section 12 of the Build Illinois
Bond Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Chairman of the Metropolitan Public Pier and Exposition
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Authority provided under Section 8.25f of the State Finance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Act, but not in
excess of the sums designated as "Total | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Deposit", shall be deposited in the
aggregate from collections | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | under Section 9 of the Use Tax Act, Section 9 of
the Service | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 3 of the Retailers' Occupation Tax Act into the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | McCormick Place
Expansion Project Fund in the specified fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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 Public 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 Public Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Exposition Authority Act, plus cumulative
deficiencies in the |
| |||||||
| |||||||
1 | deposits required under this Section for previous
months and | ||||||
2 | years, shall be deposited into the McCormick Place Expansion
| ||||||
3 | Project Fund, until the full amount requested for the fiscal | ||||||
4 | year, but not
in excess of the amount specified above as "Total | ||||||
5 | Deposit", has been deposited. | ||||||
6 | Subject to payment of amounts into the Build Illinois Fund | ||||||
7 | and the
McCormick Place Expansion Project Fund
pursuant to the | ||||||
8 | preceding paragraphs or in any amendments thereto hereafter
| ||||||
9 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
10 | 2013, the Department shall each month pay into the
Illinois Tax | ||||||
11 | Increment Fund 0.27% of 80% of the net revenue realized for the
| ||||||
12 | preceding month from the 6.25% general rate on the selling | ||||||
13 | price of tangible
personal property. | ||||||
14 | Subject to payment of amounts into the Build Illinois Fund | ||||||
15 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
16 | preceding paragraphs or
in any
amendments thereto hereafter | ||||||
17 | enacted, beginning with the receipt of the first
report of | ||||||
18 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
19 | period, the Department shall each month pay into the Energy | ||||||
20 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
21 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
22 | that was sold to an eligible business.
For purposes of this | ||||||
23 | paragraph, the term "eligible business" means a new
electric | ||||||
24 | generating facility certified pursuant to Section 605-332 of | ||||||
25 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
26 | Civil Administrative
Code of Illinois. |
| |||||||
| |||||||
1 | Subject to payment of amounts into the Build Illinois Fund, | ||||||
2 | the McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
3 | Increment Fund, and the Energy Infrastructure Fund pursuant to | ||||||
4 | the preceding paragraphs or in any amendments to this Section | ||||||
5 | hereafter enacted, beginning on the first day of the first | ||||||
6 | calendar month to occur on or after August 26, 2014 (the | ||||||
7 | effective date of Public Act 98-1098), each month, from the | ||||||
8 | collections made under Section 9 of the Use Tax Act, Section 9 | ||||||
9 | of the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
10 | Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||||||
11 | the Department shall pay into the Tax Compliance and | ||||||
12 | Administration Fund, to be used, subject to appropriation, to | ||||||
13 | fund additional auditors and compliance personnel at the | ||||||
14 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
15 | the cash receipts collected during the preceding fiscal year by | ||||||
16 | the Audit Bureau of the Department under the Use Tax Act, the | ||||||
17 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
18 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
19 | and use taxes administered by the Department. | ||||||
20 | Subject to payments of amounts into the Build Illinois | ||||||
21 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
22 | Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||||||
23 | Compliance and Administration Fund as provided in this Section, | ||||||
24 | beginning on July 1, 2018 the Department shall pay each month | ||||||
25 | into the Downstate Public Transportation Fund the moneys | ||||||
26 | required to be so paid under Section 2-3 of the Downstate |
| |||||||
| |||||||
1 | Public Transportation Act. | ||||||
2 | Of the remainder of the moneys received by the Department | ||||||
3 | pursuant to this
Act, 75% thereof shall be paid into the | ||||||
4 | General Revenue Fund of the State Treasury and 25% shall be | ||||||
5 | reserved in a special account and used only for the transfer to | ||||||
6 | the Common School Fund as part of the monthly transfer from the | ||||||
7 | General Revenue Fund in accordance with Section 8a of the State | ||||||
8 | Finance Act. | ||||||
9 | As soon as possible after the first day of each month, upon | ||||||
10 | certification
of the Department of Revenue, the Comptroller | ||||||
11 | shall order transferred and
the Treasurer shall transfer from | ||||||
12 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
13 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
14 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
15 | transfer is no longer required
and shall not be made. | ||||||
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 | (Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||||||
21 | 100-303, eff. 8-24-17; 100-363, eff. 7-1-18; 100-863, eff. | ||||||
22 | 8-14-18; 100-1171, eff. 1-4-19.)
| ||||||
23 | Section 40. The Service Occupation Tax Act is amended by | ||||||
24 | changing Section 9 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 115/9) (from Ch. 120, par. 439.109)
| ||||||
2 | Sec. 9. Each serviceman required or authorized to collect | ||||||
3 | the tax
herein imposed shall pay to the Department the amount | ||||||
4 | of such tax at the
time when he is required to file his return | ||||||
5 | for the period during which
such tax was collectible, less a | ||||||
6 | discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||||||
7 | after January 1, 1990, or
$5 per calendar year, whichever is | ||||||
8 | greater, which is allowed to reimburse
the serviceman for | ||||||
9 | expenses incurred in collecting the tax, keeping
records, | ||||||
10 | preparing and filing returns, remitting the tax and supplying | ||||||
11 | data
to the Department on request. The discount allowed under | ||||||
12 | this Section is allowed only for returns that are filed in the | ||||||
13 | manner required by this Act. The Department may disallow the | ||||||
14 | discount for servicemen whose certificate of registration is | ||||||
15 | revoked at the time the return is filed, but only if the | ||||||
16 | Department's decision to revoke the certificate of | ||||||
17 | registration has become final. | ||||||
18 | Where such tangible personal property is sold under a | ||||||
19 | conditional
sales contract, or under any other form of sale | ||||||
20 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
21 | extended beyond the close of
the period for which the return is | ||||||
22 | filed, the serviceman, in collecting
the tax may collect, for | ||||||
23 | each tax return period, only the tax applicable
to the part of | ||||||
24 | the selling price actually received during such tax return
| ||||||
25 | period. | ||||||
26 | Except as provided hereinafter in this Section, on or |
| |||||||
| |||||||
1 | before the twentieth
day of each calendar month, such | ||||||
2 | serviceman shall file a
return for the preceding calendar month | ||||||
3 | in accordance with reasonable
rules and regulations to be | ||||||
4 | promulgated by the Department of Revenue.
Such return shall be | ||||||
5 | filed on a form prescribed by the Department and
shall contain | ||||||
6 | such information as the Department may reasonably require. On | ||||||
7 | and after January 1, 2018, with respect to servicemen whose | ||||||
8 | annual gross receipts average $20,000 or more, all returns | ||||||
9 | required to be filed pursuant to this Act shall be filed | ||||||
10 | electronically. Servicemen who demonstrate that they do not | ||||||
11 | have access to the Internet or demonstrate hardship in filing | ||||||
12 | electronically may petition the Department to waive the | ||||||
13 | electronic filing requirement. | ||||||
14 | The Department may require returns to be filed on a | ||||||
15 | quarterly basis.
If so required, a return for each calendar | ||||||
16 | quarter shall be filed on or
before the twentieth day of the | ||||||
17 | calendar month following the end of such
calendar quarter. The | ||||||
18 | taxpayer shall also file a return with the
Department for each | ||||||
19 | of the first two months of each calendar quarter, on or
before | ||||||
20 | the twentieth day of the following calendar month, stating: | ||||||
21 | 1. The name of the seller; | ||||||
22 | 2. The address of the principal place of business from | ||||||
23 | which he engages
in business as a serviceman in this State; | ||||||
24 | 3. The total amount of taxable receipts received by him | ||||||
25 | during the
preceding calendar month, including receipts | ||||||
26 | from charge and time sales,
but less all deductions allowed |
| |||||||
| |||||||
1 | by law; | ||||||
2 | 4. The amount of credit provided in Section 2d of this | ||||||
3 | Act; | ||||||
4 | 5. The amount of tax due; | ||||||
5 | 5-5. The signature of the taxpayer; and | ||||||
6 | 6. Such other reasonable information as the Department | ||||||
7 | may
require. | ||||||
8 | If a taxpayer fails to sign a return within 30 days after | ||||||
9 | the proper notice
and demand for signature by the Department, | ||||||
10 | the return shall be considered
valid and any amount shown to be | ||||||
11 | due on the return shall be deemed assessed. | ||||||
12 | Prior to October 1, 2003, and on and after September 1, | ||||||
13 | 2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||||||
14 | certification
from a purchaser in satisfaction
of Service Use | ||||||
15 | Tax as provided in Section 3-70 of the
Service Use Tax Act if | ||||||
16 | the purchaser provides
the
appropriate
documentation as | ||||||
17 | required by Section 3-70 of the Service Use Tax Act.
A | ||||||
18 | Manufacturer's Purchase Credit certification, accepted prior | ||||||
19 | to October 1,
2003 or on or after September 1, 2004 by a | ||||||
20 | serviceman as
provided in Section 3-70 of the Service Use Tax | ||||||
21 | Act, may be used by that
serviceman to satisfy Service | ||||||
22 | Occupation Tax liability in the amount claimed in
the | ||||||
23 | certification, not to exceed 6.25% of the receipts subject to | ||||||
24 | tax from a
qualifying purchase. A Manufacturer's Purchase | ||||||
25 | Credit reported on any
original or amended return
filed under
| ||||||
26 | this Act after October 20, 2003 for reporting periods prior to |
| |||||||
| |||||||
1 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
2 | Credit reported on annual returns due on or after January 1, | ||||||
3 | 2005 will be disallowed for periods prior to September 1, 2004.
| ||||||
4 | No Manufacturer's
Purchase Credit may be used after September | ||||||
5 | 30, 2003 through August 31, 2004 to
satisfy any
tax liability | ||||||
6 | imposed under this Act, including any audit liability. | ||||||
7 | If the serviceman's average monthly tax liability to
the | ||||||
8 | Department does not exceed $200, the Department may authorize | ||||||
9 | his
returns to be filed on a quarter annual basis, with the | ||||||
10 | return for
January, February and March of a given year being | ||||||
11 | due by April 20 of
such year; with the return for April, May | ||||||
12 | and June of a given year being
due by July 20 of such year; with | ||||||
13 | the return for July, August and
September of a given year being | ||||||
14 | due by October 20 of such year, and with
the return for | ||||||
15 | October, November and December of a given year being due
by | ||||||
16 | January 20 of the following year. | ||||||
17 | If the serviceman's average monthly tax liability to
the | ||||||
18 | Department does not exceed $50, the Department may authorize | ||||||
19 | his
returns to be filed on an annual basis, with the return for | ||||||
20 | a given year
being due by January 20 of the following year. | ||||||
21 | Such quarter annual and annual returns, as to form and | ||||||
22 | substance,
shall be subject to the same requirements as monthly | ||||||
23 | returns. | ||||||
24 | Notwithstanding any other provision in this Act concerning | ||||||
25 | the time within
which a serviceman may file his return, in the | ||||||
26 | case of any serviceman who
ceases to engage in a kind of |
| |||||||
| |||||||
1 | business which makes him responsible for filing
returns under | ||||||
2 | this Act, such serviceman shall file a final return under this
| ||||||
3 | Act with the Department not more than 1 month after | ||||||
4 | discontinuing such
business. | ||||||
5 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
6 | monthly tax
liability of $150,000 or more shall make all | ||||||
7 | payments required by rules of the
Department by electronic | ||||||
8 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
9 | an average monthly tax liability of $100,000 or more shall make | ||||||
10 | all
payments required by rules of the Department by electronic | ||||||
11 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
12 | an average monthly tax liability
of $50,000 or more shall make | ||||||
13 | all payments required by rules of the Department
by electronic | ||||||
14 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
15 | an annual tax liability of $200,000 or more shall make all | ||||||
16 | payments required by
rules of the Department by electronic | ||||||
17 | funds transfer. The term "annual tax
liability" shall be the | ||||||
18 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
19 | other State and local occupation and use tax laws administered | ||||||
20 | by the
Department, for the immediately preceding calendar year. | ||||||
21 | The term "average
monthly tax liability" means
the sum of the | ||||||
22 | taxpayer's liabilities under this Act, and under all other | ||||||
23 | State
and local occupation and use tax laws administered by the | ||||||
24 | Department, for the
immediately preceding calendar year | ||||||
25 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
26 | a tax liability in the
amount set forth in subsection (b) of |
| |||||||
| |||||||
1 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
2 | all payments required by rules of the Department by
electronic | ||||||
3 | funds transfer. | ||||||
4 | Before August 1 of each year beginning in 1993, the | ||||||
5 | Department shall
notify all taxpayers required to make payments | ||||||
6 | by electronic funds transfer.
All taxpayers required to make | ||||||
7 | payments by electronic funds transfer shall make
those payments | ||||||
8 | for a minimum of one year beginning on October 1. | ||||||
9 | Any taxpayer not required to make payments by electronic | ||||||
10 | funds transfer may
make payments by electronic funds transfer | ||||||
11 | with the
permission of the Department. | ||||||
12 | All taxpayers required to make payment by electronic funds | ||||||
13 | transfer and
any taxpayers authorized to voluntarily make | ||||||
14 | payments by electronic funds
transfer shall make those payments | ||||||
15 | in the manner authorized by the Department. | ||||||
16 | The Department shall adopt such rules as are necessary to | ||||||
17 | effectuate a
program of electronic funds transfer and the | ||||||
18 | requirements of this Section. | ||||||
19 | Where a serviceman collects the tax with respect to the | ||||||
20 | selling price of
tangible personal property which he sells and | ||||||
21 | the purchaser thereafter returns
such tangible personal | ||||||
22 | property and the serviceman refunds the
selling price thereof | ||||||
23 | to the purchaser, such serviceman shall also refund,
to the | ||||||
24 | purchaser, the tax so collected from the purchaser. When
filing | ||||||
25 | his return for the period in which he refunds such tax to the
| ||||||
26 | purchaser, the serviceman may deduct the amount of the tax so |
| |||||||
| |||||||
1 | refunded by
him to the purchaser from any other Service | ||||||
2 | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | ||||||
3 | Use Tax which such serviceman may be
required to pay or remit | ||||||
4 | to the Department, as shown by such return,
provided that the | ||||||
5 | amount of the tax to be deducted shall previously have
been | ||||||
6 | remitted to the Department by such serviceman. If the | ||||||
7 | serviceman shall
not previously have remitted the amount of | ||||||
8 | such tax to the Department,
he shall be entitled to no | ||||||
9 | deduction hereunder upon refunding such tax
to the purchaser. | ||||||
10 | If experience indicates such action to be practicable, the | ||||||
11 | Department
may prescribe and furnish a combination or joint | ||||||
12 | return which will
enable servicemen, who are required to file | ||||||
13 | returns
hereunder and also under the Retailers' Occupation Tax | ||||||
14 | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||||||
15 | the return
information required by all said Acts on the one | ||||||
16 | form. | ||||||
17 | Where the serviceman has more than one business
registered | ||||||
18 | with the Department under separate registrations hereunder,
| ||||||
19 | such serviceman shall file separate returns for each
registered | ||||||
20 | business. | ||||||
21 | Beginning January 1, 1990, each month the Department shall | ||||||
22 | pay into
the Local Government Tax Fund the revenue realized for | ||||||
23 | the
preceding month from the 1% tax imposed under this Act. | ||||||
24 | Beginning January 1, 1990, each month the Department shall | ||||||
25 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
26 | revenue realized
for the preceding month from the 6.25% general |
| |||||||
| |||||||
1 | rate. | ||||||
2 | Beginning August 1, 2000, each
month the Department shall | ||||||
3 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
4 | net revenue realized for the
preceding month from the 1.25% | ||||||
5 | rate on the selling price of motor fuel and
gasohol. | ||||||
6 | Beginning January 1, 1990, each month the Department shall | ||||||
7 | pay into
the Local Government Tax Fund 16% of the revenue | ||||||
8 | realized for the
preceding month from the 6.25% general rate on | ||||||
9 | transfers of
tangible personal property. | ||||||
10 | Beginning August 1, 2000, each
month the Department shall | ||||||
11 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
12 | realized for the preceding
month from the 1.25% rate on the | ||||||
13 | selling price of motor fuel and gasohol. | ||||||
14 | Beginning October 1, 2009, each month the Department shall | ||||||
15 | pay into the Capital Projects Fund an amount that is equal to | ||||||
16 | an amount estimated by the Department to represent 80% of the | ||||||
17 | net revenue realized for the preceding month from the sale of | ||||||
18 | candy, grooming and hygiene products, and soft drinks that had | ||||||
19 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
20 | are now taxed at 6.25%. | ||||||
21 | Beginning July 1, 2013, each month the Department shall pay | ||||||
22 | into the Underground Storage Tank Fund from the proceeds | ||||||
23 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
24 | Act, and the Retailers' Occupation Tax Act an amount equal to | ||||||
25 | the average monthly deficit in the Underground Storage Tank | ||||||
26 | Fund during the prior year, as certified annually by the |
| |||||||
| |||||||
1 | Illinois Environmental Protection Agency, but the total | ||||||
2 | payment into the Underground Storage Tank Fund under this Act, | ||||||
3 | the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||||||
4 | Occupation Tax Act shall not exceed $18,000,000 in any State | ||||||
5 | fiscal year. As used in this paragraph, the "average monthly | ||||||
6 | deficit" shall be equal to the difference between the average | ||||||
7 | monthly claims for payment by the fund and the average monthly | ||||||
8 | revenues deposited into the fund, excluding payments made | ||||||
9 | pursuant to this paragraph. | ||||||
10 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
11 | received by the Department under the Use Tax Act, the Service | ||||||
12 | Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||||||
13 | each month the Department shall deposit $500,000 into the State | ||||||
14 | Crime Laboratory Fund. | ||||||
15 | Of the remainder of the moneys received by the Department | ||||||
16 | pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||||||
17 | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | ||||||
18 | and after July 1, 1989, 3.8% thereof
shall be paid into the | ||||||
19 | Build Illinois Fund; provided, however, that if in
any fiscal | ||||||
20 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||||||
21 | may be, of the moneys received by the Department and required | ||||||
22 | to be paid
into the Build Illinois Fund pursuant to Section 3 | ||||||
23 | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | ||||||
24 | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||||||
25 | Service Occupation Tax Act, such Acts
being hereinafter called | ||||||
26 | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case |
| |||||||
| |||||||
1 | may be, of moneys being hereinafter called the "Tax Act
| ||||||
2 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
3 | Fund from the
State and Local Sales Tax Reform Fund shall be | ||||||
4 | less than the Annual
Specified Amount (as defined in Section 3 | ||||||
5 | of the Retailers' Occupation Tax
Act), an amount equal to the | ||||||
6 | difference shall be immediately paid into the
Build Illinois | ||||||
7 | Fund from other moneys received by the Department pursuant
to | ||||||
8 | the Tax Acts; and further provided, that if on the last | ||||||
9 | business day of
any month the sum of (1) the Tax Act Amount | ||||||
10 | required to be deposited into
the Build Illinois Account in the | ||||||
11 | Build Illinois Fund during such month and
(2) the amount | ||||||
12 | transferred during such month to the Build Illinois Fund
from | ||||||
13 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
14 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
15 | the difference
shall be immediately paid into the Build | ||||||
16 | Illinois Fund from other moneys
received by the Department | ||||||
17 | pursuant to the Tax Acts; and, further provided,
that in no | ||||||
18 | event shall the payments required under the preceding proviso
| ||||||
19 | result in aggregate payments into the Build Illinois Fund | ||||||
20 | pursuant to this
clause (b) for any fiscal year in excess of | ||||||
21 | the greater of (i) the Tax Act
Amount or (ii) the Annual | ||||||
22 | Specified Amount for such fiscal year; and,
further provided, | ||||||
23 | that the amounts payable into the Build Illinois Fund
under | ||||||
24 | this clause (b) shall be payable only until such time as the
| ||||||
25 | aggregate amount on deposit under each trust indenture securing | ||||||
26 | Bonds
issued and outstanding pursuant to the Build Illinois |
| |||||||
| |||||||
1 | Bond Act is
sufficient, taking into account any future | ||||||
2 | investment income, to fully
provide, in accordance with such | ||||||
3 | indenture, for the defeasance of or the
payment of the | ||||||
4 | principal of, premium, if any, and interest on the Bonds
| ||||||
5 | secured by such indenture and on any Bonds expected to be | ||||||
6 | issued thereafter
and all fees and costs payable with respect | ||||||
7 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
8 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
9 | the last business day of
any month in which Bonds are | ||||||
10 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
11 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
12 | Account in the Build Illinois Fund in such month
shall be less | ||||||
13 | than the amount required to be transferred in such month from
| ||||||
14 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
15 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
16 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
17 | shall be immediately paid
from other moneys received by the | ||||||
18 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
19 | provided, however, that any amounts paid to the
Build Illinois | ||||||
20 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
21 | deemed to constitute payments pursuant to clause (b) of the | ||||||
22 | preceding
sentence and shall reduce the amount otherwise | ||||||
23 | payable for such fiscal year
pursuant to clause (b) of the | ||||||
24 | preceding sentence. The moneys received by
the Department | ||||||
25 | pursuant to this Act and required to be deposited into the
| ||||||
26 | Build Illinois Fund are subject to the pledge, claim and charge |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | set forth
in Section 12 of the Build Illinois Bond Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Chairman of the Metropolitan Public Pier and Exposition
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Authority provided under Section 8.25f of the State Finance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Act, but not in
excess of the sums designated as "Total | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Deposit", shall be deposited in the
aggregate from collections | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | under Section 9 of the Use Tax Act, Section 9 of
the Service | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 3 of the Retailers' Occupation Tax Act into the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | McCormick Place
Expansion Project Fund in the specified fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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 Public 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 Public Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Exposition Authority Act, plus cumulative
deficiencies in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | deposits required under this Section for previous
months and |
| |||||||
| |||||||
1 | years, shall be deposited into the McCormick Place Expansion
| ||||||
2 | Project Fund, until the full amount requested for the fiscal | ||||||
3 | year, but not
in excess of the amount specified above as "Total | ||||||
4 | Deposit", has been deposited. | ||||||
5 | Subject to payment of amounts into the Build Illinois Fund | ||||||
6 | and the
McCormick
Place Expansion Project Fund
pursuant to the | ||||||
7 | preceding paragraphs or in any amendments thereto hereafter
| ||||||
8 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
9 | 2013, the Department shall each month pay into the
Illinois Tax | ||||||
10 | Increment Fund 0.27% of 80% of the net revenue realized for the
| ||||||
11 | preceding month from the 6.25% general rate on the selling | ||||||
12 | price of tangible
personal property. | ||||||
13 | Subject to payment of amounts into the Build Illinois Fund | ||||||
14 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
15 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
16 | enacted, beginning with the receipt of the first
report of | ||||||
17 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
18 | period, the Department shall each month pay into the Energy | ||||||
19 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
20 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
21 | that was sold to an eligible business.
For purposes of this | ||||||
22 | paragraph, the term "eligible business" means a new
electric | ||||||
23 | generating facility certified pursuant to Section 605-332 of | ||||||
24 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
25 | Civil Administrative
Code of Illinois. | ||||||
26 | Subject to payment of amounts into the Build Illinois Fund, |
| |||||||
| |||||||
1 | the McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
2 | Increment Fund, and the Energy Infrastructure Fund pursuant to | ||||||
3 | the preceding paragraphs or in any amendments to this Section | ||||||
4 | hereafter enacted, beginning on the first day of the first | ||||||
5 | calendar month to occur on or after August 26, 2014 (the | ||||||
6 | effective date of Public Act 98-1098), each month, from the | ||||||
7 | collections made under Section 9 of the Use Tax Act, Section 9 | ||||||
8 | of the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
9 | Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||||||
10 | the Department shall pay into the Tax Compliance and | ||||||
11 | Administration Fund, to be used, subject to appropriation, to | ||||||
12 | fund additional auditors and compliance personnel at the | ||||||
13 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
14 | the cash receipts collected during the preceding fiscal year by | ||||||
15 | the Audit Bureau of the Department under the Use Tax Act, the | ||||||
16 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
17 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
18 | and use taxes administered by the Department. | ||||||
19 | Subject to payments of amounts into the Build Illinois | ||||||
20 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
21 | Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||||||
22 | Compliance and Administration Fund as provided in this Section, | ||||||
23 | beginning on July 1, 2018 the Department shall pay each month | ||||||
24 | into the Downstate Public Transportation Fund the moneys | ||||||
25 | required to be so paid under Section 2-3 of the Downstate | ||||||
26 | Public Transportation Act. |
| |||||||
| |||||||
1 | Of the remainder of the moneys received by the Department | ||||||
2 | pursuant to this
Act, 75% shall be paid into the General | ||||||
3 | Revenue Fund of the State Treasury and 25% shall be reserved in | ||||||
4 | a special account and used only for the transfer to the Common | ||||||
5 | School Fund as part of the monthly transfer from the General | ||||||
6 | Revenue Fund in accordance with Section 8a of the State Finance | ||||||
7 | Act. | ||||||
8 | The Department may, upon separate written notice to a | ||||||
9 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
10 | Department on a form
prescribed by the Department within not | ||||||
11 | less than 60 days after receipt
of the notice an annual | ||||||
12 | information return for the tax year specified in
the notice. | ||||||
13 | Such annual return to the Department shall include a
statement | ||||||
14 | of gross receipts as shown by the taxpayer's last Federal | ||||||
15 | income
tax return. If the total receipts of the business as | ||||||
16 | reported in the
Federal income tax return do not agree with the | ||||||
17 | gross receipts reported to
the Department of Revenue for the | ||||||
18 | same period, the taxpayer shall attach
to his annual return a | ||||||
19 | schedule showing a reconciliation of the 2
amounts and the | ||||||
20 | reasons for the difference. The taxpayer's annual
return to the | ||||||
21 | Department shall also disclose the cost of goods sold by
the | ||||||
22 | taxpayer during the year covered by such return, opening and | ||||||
23 | closing
inventories of such goods for such year, cost of goods | ||||||
24 | used from stock
or taken from stock and given away by the | ||||||
25 | taxpayer during such year, pay
roll information of the | ||||||
26 | taxpayer's business during such year and any
additional |
| |||||||
| |||||||
1 | reasonable information which the Department deems would be
| ||||||
2 | helpful in determining the accuracy of the monthly, quarterly | ||||||
3 | or annual
returns filed by such taxpayer as hereinbefore | ||||||
4 | provided for in this
Section. | ||||||
5 | If the annual information return required by this Section | ||||||
6 | is not
filed when and as required, the taxpayer shall be liable | ||||||
7 | as follows: | ||||||
8 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
9 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
10 | taxpayer
under this Act during the period to be covered by | ||||||
11 | the annual return
for each month or fraction of a month | ||||||
12 | until such return is filed as
required, the penalty to be | ||||||
13 | assessed and collected in the same manner
as any other | ||||||
14 | penalty provided for in this Act. | ||||||
15 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
16 | be liable for a
penalty as described in Section 3-4 of the | ||||||
17 | Uniform Penalty and Interest Act. | ||||||
18 | The chief executive officer, proprietor, owner or highest | ||||||
19 | ranking
manager shall sign the annual return to certify the | ||||||
20 | accuracy of the
information contained therein. Any person who | ||||||
21 | willfully signs the
annual return containing false or | ||||||
22 | inaccurate information shall be guilty
of perjury and punished | ||||||
23 | accordingly. The annual return form prescribed
by the | ||||||
24 | Department shall include a warning that the person signing the
| ||||||
25 | return may be liable for perjury. | ||||||
26 | The foregoing portion of this Section concerning the filing |
| |||||||
| |||||||
1 | of an
annual information return shall not apply to a serviceman | ||||||
2 | who is not
required to file an income tax return with the | ||||||
3 | United States Government. | ||||||
4 | As soon as possible after the first day of each month, upon | ||||||
5 | certification
of the Department of Revenue, the Comptroller | ||||||
6 | shall order transferred and
the Treasurer shall transfer from | ||||||
7 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
8 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
9 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
10 | transfer is no longer required
and shall not be made. | ||||||
11 | Net revenue realized for a month shall be the revenue | ||||||
12 | collected by the State
pursuant to this Act, less the amount | ||||||
13 | paid out during that month as
refunds to taxpayers for | ||||||
14 | overpayment of liability. | ||||||
15 | For greater simplicity of administration, it shall be | ||||||
16 | permissible for
manufacturers, importers and wholesalers whose | ||||||
17 | products are sold by numerous
servicemen in Illinois, and who | ||||||
18 | wish to do so, to
assume the responsibility for accounting and | ||||||
19 | paying to the Department
all tax accruing under this Act with | ||||||
20 | respect to such sales, if the
servicemen who are affected do | ||||||
21 | not make written objection to the
Department to this | ||||||
22 | arrangement. | ||||||
23 | (Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||||||
24 | 100-303, eff. 8-24-17; 100-363, eff. 7-1-18; 100-863, eff. | ||||||
25 | 8-14-18; 100-1171, eff. 1-4-19.)
|
| |||||||
| |||||||
1 | Section 45. The Retailers' Occupation Tax Act is amended by | ||||||
2 | changing Section 3 as follows:
| ||||||
3 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
4 | Sec. 3. Except as provided in this Section, on or before | ||||||
5 | the twentieth
day of each calendar month, every person engaged | ||||||
6 | in the business of
selling tangible personal property at retail | ||||||
7 | in this State during the
preceding calendar month shall file a | ||||||
8 | return with the Department, stating: | ||||||
9 | 1. The name of the seller; | ||||||
10 | 2. His residence address and the address of his | ||||||
11 | principal place of
business and the address of the | ||||||
12 | principal place of business (if that is
a different | ||||||
13 | address) from which he engages in the business of selling
| ||||||
14 | tangible personal property at retail in this State; | ||||||
15 | 3. Total amount of receipts received by him during the | ||||||
16 | preceding
calendar month or quarter, as the case may be, | ||||||
17 | from sales of tangible
personal property, and from services | ||||||
18 | furnished, by him during such
preceding calendar month or | ||||||
19 | quarter; | ||||||
20 | 4. Total amount received by him during the preceding | ||||||
21 | calendar month or
quarter on charge and time sales of | ||||||
22 | tangible personal property, and from
services furnished, | ||||||
23 | by him prior to the month or quarter for which the return
| ||||||
24 | is filed; | ||||||
25 | 5. Deductions allowed by law; |
| |||||||
| |||||||
1 | 6. Gross receipts which were received by him during the | ||||||
2 | preceding
calendar month or quarter and upon the basis of | ||||||
3 | which the tax is imposed; | ||||||
4 | 7. The amount of credit provided in Section 2d of this | ||||||
5 | Act; | ||||||
6 | 8. The amount of tax due; | ||||||
7 | 9. The signature of the taxpayer; and | ||||||
8 | 10. Such other reasonable information as the | ||||||
9 | Department may require. | ||||||
10 | On and after January 1, 2018, except for returns for motor | ||||||
11 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
12 | to be registered with an agency of this State, with respect to | ||||||
13 | retailers whose annual gross receipts average $20,000 or more, | ||||||
14 | all returns required to be filed pursuant to this Act shall be | ||||||
15 | filed electronically. Retailers who demonstrate that they do | ||||||
16 | not have access to the Internet or demonstrate hardship in | ||||||
17 | filing electronically may petition the Department to waive the | ||||||
18 | electronic filing requirement. | ||||||
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 be | ||||||
22 | due on the return shall be deemed assessed. | ||||||
23 | Each return shall be accompanied by the statement of | ||||||
24 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
25 | claimed. | ||||||
26 | Prior to October 1, 2003, and on and after September 1, |
| |||||||
| |||||||
1 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
2 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
3 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
4 | provides the
appropriate documentation as required by Section | ||||||
5 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
6 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
7 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
8 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
9 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
10 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
11 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
12 | Credit
reported on any original or amended return
filed under
| ||||||
13 | this Act after October 20, 2003 for reporting periods prior to | ||||||
14 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
15 | Purchaser Credit reported on annual returns due on or after | ||||||
16 | January 1, 2005 will be disallowed for periods prior to | ||||||
17 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
18 | used after September 30, 2003 through August 31, 2004 to
| ||||||
19 | satisfy any
tax liability imposed under this Act, including any | ||||||
20 | audit liability. | ||||||
21 | The Department may require returns to be filed on a | ||||||
22 | quarterly basis.
If so required, a return for each calendar | ||||||
23 | quarter shall be filed on or
before the twentieth day of the | ||||||
24 | calendar month following the end of such
calendar quarter. The | ||||||
25 | taxpayer shall also file a return with the
Department for each | ||||||
26 | of the first two months of each calendar quarter, on or
before |
| |||||||
| |||||||
1 | the twentieth day of the following calendar month, stating: | ||||||
2 | 1. The name of the seller; | ||||||
3 | 2. The address of the principal place of business from | ||||||
4 | which he engages
in the business of selling tangible | ||||||
5 | personal property at retail in this State; | ||||||
6 | 3. The total amount of taxable receipts received by him | ||||||
7 | during the
preceding calendar month from sales of tangible | ||||||
8 | personal property by him
during such preceding calendar | ||||||
9 | month, including receipts from charge and
time sales, but | ||||||
10 | less all deductions allowed by law; | ||||||
11 | 4. The amount of credit provided in Section 2d of this | ||||||
12 | Act; | ||||||
13 | 5. The amount of tax due; and | ||||||
14 | 6. Such other reasonable information as the Department | ||||||
15 | may
require. | ||||||
16 | Beginning on October 1, 2003, any person who is not a | ||||||
17 | licensed
distributor, importing distributor, or manufacturer, | ||||||
18 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
19 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
20 | a statement with the Department of Revenue, in a format
and at | ||||||
21 | a time prescribed by the Department, showing the total amount | ||||||
22 | paid for
alcoholic liquor purchased during the preceding month | ||||||
23 | and such other
information as is reasonably required by the | ||||||
24 | Department.
The Department may adopt rules to require
that this | ||||||
25 | statement be filed in an electronic or telephonic format. Such | ||||||
26 | rules
may provide for exceptions from the filing requirements |
| |||||||
| |||||||
1 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
2 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
3 | Liquor Control Act of 1934. | ||||||
4 | Beginning on October 1, 2003, every distributor, importing | ||||||
5 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
6 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
7 | Department of Revenue, no later than the 10th day of the
month | ||||||
8 | for the
preceding month during which transactions occurred, by | ||||||
9 | electronic means,
showing the
total amount of gross receipts | ||||||
10 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
11 | the preceding month to purchasers; identifying the purchaser to | ||||||
12 | whom it was
sold or
distributed; the purchaser's tax | ||||||
13 | registration number; and such other
information
reasonably | ||||||
14 | required by the Department. A distributor, importing | ||||||
15 | distributor, or manufacturer of alcoholic liquor must | ||||||
16 | personally deliver, mail, or provide by electronic means to | ||||||
17 | each retailer listed on the monthly statement a report | ||||||
18 | containing a cumulative total of that distributor's, importing | ||||||
19 | distributor's, or manufacturer's total sales of alcoholic | ||||||
20 | liquor to that retailer no later than the 10th day of the month | ||||||
21 | for the preceding month during which the transaction occurred. | ||||||
22 | The distributor, importing distributor, or manufacturer shall | ||||||
23 | notify the retailer as to the method by which the distributor, | ||||||
24 | importing distributor, or manufacturer will provide the sales | ||||||
25 | information. If the retailer is unable to receive the sales | ||||||
26 | information by electronic means, the distributor, importing |
| |||||||
| |||||||
1 | distributor, or manufacturer shall furnish the sales | ||||||
2 | information by personal delivery or by mail. For purposes of | ||||||
3 | this paragraph, the term "electronic means" includes, but is | ||||||
4 | not limited to, the use of a secure Internet website, e-mail, | ||||||
5 | or facsimile. | ||||||
6 | If a total amount of less than $1 is payable, refundable or | ||||||
7 | creditable,
such amount shall be disregarded if it is less than | ||||||
8 | 50 cents and shall be
increased to $1 if it is 50 cents or more. | ||||||
9 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
10 | monthly tax liability of $150,000 or more shall
make all | ||||||
11 | payments required by rules of the
Department by electronic | ||||||
12 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
13 | an average monthly tax liability of $100,000 or more shall make | ||||||
14 | all
payments required by rules of the Department by electronic | ||||||
15 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
16 | an average monthly tax liability
of $50,000 or more shall make | ||||||
17 | all
payments required by rules of the Department by electronic | ||||||
18 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
19 | an annual tax liability of
$200,000 or more shall make all | ||||||
20 | payments required by rules of the Department by
electronic | ||||||
21 | funds transfer. The term "annual tax liability" shall be the | ||||||
22 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
23 | other State and local
occupation and use tax laws administered | ||||||
24 | by the Department, for the immediately
preceding calendar year.
| ||||||
25 | The term "average monthly tax liability" shall be the sum of | ||||||
26 | the
taxpayer's liabilities under this
Act, and under all other |
| |||||||
| |||||||
1 | State and local occupation and use tax
laws administered by the | ||||||
2 | Department, for the immediately preceding calendar
year | ||||||
3 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
4 | a tax liability in the
amount set forth in subsection (b) of | ||||||
5 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
6 | all payments required by rules of the Department by
electronic | ||||||
7 | funds transfer. | ||||||
8 | Before August 1 of each year beginning in 1993, the | ||||||
9 | Department shall
notify all taxpayers required to make payments | ||||||
10 | by electronic funds
transfer. All taxpayers
required to make | ||||||
11 | payments by electronic funds transfer shall make those
payments | ||||||
12 | for
a minimum of one year beginning on October 1. | ||||||
13 | Any taxpayer not required to make payments by electronic | ||||||
14 | funds transfer may
make payments by electronic funds transfer | ||||||
15 | with
the permission of the Department. | ||||||
16 | All taxpayers required to make payment by electronic funds | ||||||
17 | transfer and
any taxpayers authorized to voluntarily make | ||||||
18 | payments by electronic funds
transfer shall make those payments | ||||||
19 | in the manner authorized by the Department. | ||||||
20 | The Department shall adopt such rules as are necessary to | ||||||
21 | effectuate a
program of electronic funds transfer and the | ||||||
22 | requirements of this Section. | ||||||
23 | Any amount which is required to be shown or reported on any | ||||||
24 | return or
other document under this Act shall, if such amount | ||||||
25 | is not a whole-dollar
amount, be increased to the nearest | ||||||
26 | whole-dollar amount in any case where
the fractional part of a |
| |||||||
| |||||||
1 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
2 | whole-dollar amount where the fractional part of a dollar is | ||||||
3 | less
than 50 cents. | ||||||
4 | If the retailer is otherwise required to file a monthly | ||||||
5 | return and if the
retailer's average monthly tax liability to | ||||||
6 | the Department does not exceed
$200, the Department may | ||||||
7 | authorize his returns to be filed on a quarter
annual basis, | ||||||
8 | with the return for January, February and March of a given
year | ||||||
9 | being due by April 20 of such year; with the return for April, | ||||||
10 | May and
June of a given year being due by July 20 of such year; | ||||||
11 | with the return for
July, August and September of a given year | ||||||
12 | being due by October 20 of such
year, and with the return for | ||||||
13 | October, November and December of a given
year being due by | ||||||
14 | January 20 of the following year. | ||||||
15 | If the retailer is otherwise required to file a monthly or | ||||||
16 | quarterly
return and if the retailer's average monthly tax | ||||||
17 | liability with the
Department does not exceed $50, the | ||||||
18 | Department may authorize his returns to
be filed on an annual | ||||||
19 | basis, with the return for a given year being due by
January 20 | ||||||
20 | of the following year. | ||||||
21 | Such quarter annual and annual returns, as to form and | ||||||
22 | substance,
shall be subject to the same requirements as monthly | ||||||
23 | returns. | ||||||
24 | Notwithstanding any other provision in this Act concerning | ||||||
25 | the time
within which a retailer may file his return, in the | ||||||
26 | case of any retailer
who ceases to engage in a kind of business |
| |||||||
| |||||||
1 | which makes him responsible
for filing returns under this Act, | ||||||
2 | such retailer shall file a final
return under this Act with the | ||||||
3 | Department not more than one month after
discontinuing such | ||||||
4 | business. | ||||||
5 | Where the same person has more than one business registered | ||||||
6 | with the
Department under separate registrations under this | ||||||
7 | Act, such person may
not file each return that is due as a | ||||||
8 | single return covering all such
registered businesses, but | ||||||
9 | shall file separate returns for each such
registered business. | ||||||
10 | In addition, with respect to motor vehicles, watercraft,
| ||||||
11 | aircraft, and trailers that are required to be registered with | ||||||
12 | an agency of
this State, except as otherwise provided in this | ||||||
13 | Section, every
retailer selling this kind of tangible personal | ||||||
14 | property shall file,
with the Department, upon a form to be | ||||||
15 | prescribed and supplied by the
Department, a separate return | ||||||
16 | for each such item of tangible personal
property which the | ||||||
17 | retailer sells, except that if, in the same
transaction, (i) a | ||||||
18 | retailer of aircraft, watercraft, motor vehicles or
trailers | ||||||
19 | transfers more than one aircraft, watercraft, motor
vehicle or | ||||||
20 | trailer to another aircraft, watercraft, motor vehicle
| ||||||
21 | retailer or trailer retailer for the purpose of resale
or (ii) | ||||||
22 | a retailer of aircraft, watercraft, motor vehicles, or trailers
| ||||||
23 | transfers more than one aircraft, watercraft, motor vehicle, or | ||||||
24 | trailer to a
purchaser for use as a qualifying rolling stock as | ||||||
25 | provided in Section 2-5 of
this Act, then
that seller may | ||||||
26 | report the transfer of all aircraft,
watercraft, motor vehicles |
| |||||||
| |||||||
1 | or trailers involved in that transaction to the
Department on | ||||||
2 | the same uniform invoice-transaction reporting return form. | ||||||
3 | For
purposes of this Section, "watercraft" means a Class 2, | ||||||
4 | Class 3, or Class 4
watercraft as defined in Section 3-2 of the | ||||||
5 | Boat Registration and Safety Act, a
personal watercraft, or any | ||||||
6 | boat equipped with an inboard motor. | ||||||
7 | In addition, with respect to motor vehicles, watercraft, | ||||||
8 | aircraft, and trailers that are required to be registered with | ||||||
9 | an agency of this State, every person who is engaged in the | ||||||
10 | business of leasing or renting such items and who, in | ||||||
11 | connection with such business, sells any such item to a | ||||||
12 | retailer for the purpose of resale is, notwithstanding any | ||||||
13 | other provision of this Section to the contrary, authorized to | ||||||
14 | meet the return-filing requirement of this Act by reporting the | ||||||
15 | transfer of all the aircraft, watercraft, motor vehicles, or | ||||||
16 | trailers transferred for resale during a month to the | ||||||
17 | Department on the same uniform invoice-transaction reporting | ||||||
18 | return form on or before the 20th of the month following the | ||||||
19 | month in which the transfer takes place. Notwithstanding any | ||||||
20 | other provision of this Act to the contrary, all returns filed | ||||||
21 | under this paragraph must be filed by electronic means in the | ||||||
22 | manner and form as required by the Department. | ||||||
23 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
24 | aircraft, or trailers that are required to be registered with | ||||||
25 | an agency of
this State, so that all
retailers' occupation tax | ||||||
26 | liability is required to be reported, and is
reported, on such |
| |||||||
| |||||||
1 | transaction reporting returns and who is not otherwise
required | ||||||
2 | to file monthly or quarterly returns, need not file monthly or
| ||||||
3 | quarterly returns. However, those retailers shall be required | ||||||
4 | to
file returns on an annual basis. | ||||||
5 | The transaction reporting return, in the case of motor | ||||||
6 | vehicles
or trailers that are required to be registered with an | ||||||
7 | agency of this
State, shall
be the same document as the Uniform | ||||||
8 | Invoice referred to in Section 5-402
of the Illinois Vehicle | ||||||
9 | Code and must show the name and address of the
seller; the name | ||||||
10 | and address of the purchaser; the amount of the selling
price | ||||||
11 | including the amount allowed by the retailer for traded-in
| ||||||
12 | property, if any; the amount allowed by the retailer for the | ||||||
13 | traded-in
tangible personal property, if any, to the extent to | ||||||
14 | which Section 1 of
this Act allows an exemption for the value | ||||||
15 | of traded-in property; the
balance payable after deducting such | ||||||
16 | trade-in allowance from the total
selling price; the amount of | ||||||
17 | tax due from the retailer with respect to
such transaction; the | ||||||
18 | amount of tax collected from the purchaser by the
retailer on | ||||||
19 | such transaction (or satisfactory evidence that such tax is
not | ||||||
20 | due in that particular instance, if that is claimed to be the | ||||||
21 | fact);
the place and date of the sale; a sufficient | ||||||
22 | identification of the
property sold; such other information as | ||||||
23 | is required in Section 5-402 of
the Illinois Vehicle Code, and | ||||||
24 | such other information as the Department
may reasonably | ||||||
25 | require. | ||||||
26 | The transaction reporting return in the case of watercraft
|
| |||||||
| |||||||
1 | or aircraft must show
the name and address of the seller; the | ||||||
2 | name and address of the
purchaser; the amount of the selling | ||||||
3 | price including the amount allowed
by the retailer for | ||||||
4 | traded-in property, if any; the amount allowed by
the retailer | ||||||
5 | for the traded-in tangible personal property, if any, to
the | ||||||
6 | extent to which Section 1 of this Act allows an exemption for | ||||||
7 | the
value of traded-in property; the balance payable after | ||||||
8 | deducting such
trade-in allowance from the total selling price; | ||||||
9 | the amount of tax due
from the retailer with respect to such | ||||||
10 | transaction; the amount of tax
collected from the purchaser by | ||||||
11 | the retailer on such transaction (or
satisfactory evidence that | ||||||
12 | such tax is not due in that particular
instance, if that is | ||||||
13 | claimed to be the fact); the place and date of the
sale, a | ||||||
14 | sufficient identification of the property sold, and such other
| ||||||
15 | information as the Department may reasonably require. | ||||||
16 | Such transaction reporting return shall be filed not later | ||||||
17 | than 20
days after the day of delivery of the item that is | ||||||
18 | being sold, but may
be filed by the retailer at any time sooner | ||||||
19 | than that if he chooses to
do so. The transaction reporting | ||||||
20 | return and tax remittance or proof of
exemption from the | ||||||
21 | Illinois use tax may be transmitted to the Department
by way of | ||||||
22 | the State agency with which, or State officer with whom the
| ||||||
23 | tangible personal property must be titled or registered (if | ||||||
24 | titling or
registration is required) if the Department and such | ||||||
25 | agency or State
officer determine that this procedure will | ||||||
26 | expedite the processing of
applications for title or |
| |||||||
| |||||||
1 | registration. | ||||||
2 | With each such transaction reporting return, the retailer | ||||||
3 | shall remit
the proper amount of tax due (or shall submit | ||||||
4 | satisfactory evidence that
the sale is not taxable if that is | ||||||
5 | the case), to the Department or its
agents, whereupon the | ||||||
6 | Department shall issue, in the purchaser's name, a
use tax | ||||||
7 | receipt (or a certificate of exemption if the Department is
| ||||||
8 | satisfied that the particular sale is tax exempt) which such | ||||||
9 | purchaser
may submit to the agency with which, or State officer | ||||||
10 | with whom, he must
title or register the tangible personal | ||||||
11 | property that is involved (if
titling or registration is | ||||||
12 | required) in support of such purchaser's
application for an | ||||||
13 | Illinois certificate or other evidence of title or
registration | ||||||
14 | to such tangible personal property. | ||||||
15 | No retailer's failure or refusal to remit tax under this | ||||||
16 | Act
precludes a user, who has paid the proper tax to the | ||||||
17 | retailer, from
obtaining his certificate of title or other | ||||||
18 | evidence of title or
registration (if titling or registration | ||||||
19 | is required) upon satisfying
the Department that such user has | ||||||
20 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
21 | Department shall adopt appropriate rules to carry out
the | ||||||
22 | mandate of this paragraph. | ||||||
23 | If the user who would otherwise pay tax to the retailer | ||||||
24 | wants the
transaction reporting return filed and the payment of | ||||||
25 | the tax or proof
of exemption made to the Department before the | ||||||
26 | retailer is willing to
take these actions and such user has not |
| |||||||
| |||||||
1 | paid the tax to the retailer,
such user may certify to the fact | ||||||
2 | of such delay by the retailer and may
(upon the Department | ||||||
3 | being satisfied of the truth of such certification)
transmit | ||||||
4 | the information required by the transaction reporting return
| ||||||
5 | and the remittance for tax or proof of exemption directly to | ||||||
6 | the
Department and obtain his tax receipt or exemption | ||||||
7 | determination, in
which event the transaction reporting return | ||||||
8 | and tax remittance (if a
tax payment was required) shall be | ||||||
9 | credited by the Department to the
proper retailer's account | ||||||
10 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
11 | provided for in this Section being allowed. When the user pays
| ||||||
12 | the tax directly to the Department, he shall pay the tax in the | ||||||
13 | same
amount and in the same form in which it would be remitted | ||||||
14 | if the tax had
been remitted to the Department by the retailer. | ||||||
15 | Refunds made by the seller during the preceding return | ||||||
16 | period to
purchasers, on account of tangible personal property | ||||||
17 | returned to the
seller, shall be allowed as a deduction under | ||||||
18 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
19 | may be, in case the
seller had theretofore included the | ||||||
20 | receipts from the sale of such
tangible personal property in a | ||||||
21 | return filed by him and had paid the tax
imposed by this Act | ||||||
22 | with respect to such receipts. | ||||||
23 | Where the seller is a corporation, the return filed on | ||||||
24 | behalf of such
corporation shall be signed by the president, | ||||||
25 | vice-president, secretary
or treasurer or by the properly | ||||||
26 | accredited agent of such corporation. |
| |||||||
| |||||||
1 | Where the seller is a limited liability company, the return | ||||||
2 | filed on behalf
of the limited liability company shall be | ||||||
3 | signed by a manager, member, or
properly accredited agent of | ||||||
4 | the limited liability company. | ||||||
5 | Except as provided in this Section, the retailer filing the | ||||||
6 | return
under this Section shall, at the time of filing such | ||||||
7 | return, pay to the
Department the amount of tax imposed by this | ||||||
8 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
9 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
10 | whichever is greater, which is allowed to
reimburse the | ||||||
11 | retailer for the expenses incurred in keeping records,
| ||||||
12 | preparing and filing returns, remitting the tax and supplying | ||||||
13 | data to
the Department on request. Any prepayment made pursuant | ||||||
14 | to Section 2d
of this Act shall be included in the amount on | ||||||
15 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
16 | retailers who report
and pay the tax on a transaction by | ||||||
17 | transaction basis, as provided in this
Section, such discount | ||||||
18 | shall be taken with each such tax remittance
instead of when | ||||||
19 | such retailer files his periodic return. The discount allowed | ||||||
20 | under this Section is allowed only for returns that are filed | ||||||
21 | in the manner required by this Act. The Department may disallow | ||||||
22 | the discount for retailers whose certificate of registration is | ||||||
23 | revoked at the time the return is filed, but only if the | ||||||
24 | Department's decision to revoke the certificate of | ||||||
25 | registration has become final. | ||||||
26 | Before October 1, 2000, if the taxpayer's average monthly |
| |||||||
| |||||||
1 | tax liability
to the Department
under this Act, the Use Tax | ||||||
2 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
3 | Act, excluding any liability for prepaid sales
tax to be | ||||||
4 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
5 | or more during the preceding 4 complete calendar quarters, he | ||||||
6 | shall file a
return with the Department each month by the 20th | ||||||
7 | day of the month next
following the month during which such tax | ||||||
8 | liability is incurred and shall
make payments to the Department | ||||||
9 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
10 | during which such liability is incurred.
On and after October | ||||||
11 | 1, 2000, 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 any | ||||||
14 | liability for prepaid sales tax
to be remitted in accordance | ||||||
15 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
16 | preceding 4 complete calendar quarters, he shall file a return | ||||||
17 | with
the Department each month by the 20th day of the month | ||||||
18 | next following the month
during which such tax liability is | ||||||
19 | incurred and shall make payment to the
Department on or before | ||||||
20 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
21 | liability is incurred.
If the month
during which such tax | ||||||
22 | liability is incurred began prior to January 1, 1985,
each | ||||||
23 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
24 | actual
liability for the month or an amount set by the | ||||||
25 | Department not to exceed
1/4 of the average monthly liability | ||||||
26 | of the taxpayer to the Department for
the preceding 4 complete |
| |||||||
| |||||||
1 | calendar quarters (excluding the month of highest
liability and | ||||||
2 | the month of lowest liability in such 4 quarter period). If
the | ||||||
3 | month during which such tax liability is incurred begins on or | ||||||
4 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
5 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
6 | actual liability for the month or
27.5% of the taxpayer's | ||||||
7 | liability for the same calendar
month of the preceding year. If | ||||||
8 | the month during which such tax
liability is incurred begins on | ||||||
9 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
10 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
11 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
12 | liability for the same calendar month of the preceding year. If | ||||||
13 | the month
during which such tax liability is incurred begins on | ||||||
14 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
15 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
16 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
17 | the month or 25% of
the taxpayer's liability for the same | ||||||
18 | calendar month of the preceding year. If
the month during which | ||||||
19 | such tax liability is incurred begins on or after
January 1, | ||||||
20 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
21 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
22 | the month or 25% of the taxpayer's
liability for the same | ||||||
23 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
24 | actual liability for the quarter monthly reporting period. The
| ||||||
25 | amount of such quarter monthly payments shall be credited | ||||||
26 | against
the final tax liability of the taxpayer's return for |
| |||||||
| |||||||
1 | that month. Before
October 1, 2000, once
applicable, the | ||||||
2 | requirement of the making of quarter monthly payments to
the | ||||||
3 | Department by taxpayers having an average monthly tax liability | ||||||
4 | of
$10,000 or more as determined in the manner provided above
| ||||||
5 | shall continue
until such taxpayer's average monthly liability | ||||||
6 | to the Department during
the preceding 4 complete calendar | ||||||
7 | quarters (excluding the month of highest
liability and the | ||||||
8 | month of lowest liability) is less than
$9,000, or until
such | ||||||
9 | taxpayer's average monthly liability to the Department as | ||||||
10 | computed for
each calendar quarter of the 4 preceding complete | ||||||
11 | calendar quarter period
is less than $10,000. However, if a | ||||||
12 | taxpayer can show the
Department that
a substantial change in | ||||||
13 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
14 | to anticipate that his average monthly tax liability for the
| ||||||
15 | reasonably foreseeable future will fall below the $10,000 | ||||||
16 | threshold
stated above, then
such taxpayer
may petition the | ||||||
17 | Department for a change in such taxpayer's reporting
status. On | ||||||
18 | and after October 1, 2000, once applicable, the requirement of
| ||||||
19 | the making of quarter monthly payments to the Department by | ||||||
20 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
21 | more as determined in the manner
provided above shall continue | ||||||
22 | until such taxpayer's average monthly liability
to the | ||||||
23 | Department during the preceding 4 complete calendar quarters | ||||||
24 | (excluding
the month of highest liability and the month of | ||||||
25 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
26 | average monthly liability to the Department as
computed for |
| |||||||
| |||||||
1 | each calendar quarter of the 4 preceding complete calendar | ||||||
2 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
3 | show the Department
that a substantial change in the taxpayer's | ||||||
4 | business has occurred which causes
the taxpayer to anticipate | ||||||
5 | that his average monthly tax liability for the
reasonably | ||||||
6 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
7 | above, then such taxpayer may petition the Department for a | ||||||
8 | change in such
taxpayer's reporting status. The Department | ||||||
9 | shall change such taxpayer's
reporting status
unless it finds | ||||||
10 | that such change is seasonal in nature and not likely to be
| ||||||
11 | long term. If any such quarter monthly payment is not paid at | ||||||
12 | the time or
in the amount required by this Section, then the | ||||||
13 | taxpayer shall be liable for
penalties and interest on the | ||||||
14 | difference
between the minimum amount due as a payment and the | ||||||
15 | amount of such quarter
monthly payment actually and timely | ||||||
16 | paid, except insofar as the
taxpayer has previously made | ||||||
17 | payments for that month to the Department in
excess of the | ||||||
18 | minimum payments previously due as provided in this Section.
| ||||||
19 | The Department shall make reasonable rules and regulations to | ||||||
20 | govern the
quarter monthly payment amount and quarter monthly | ||||||
21 | payment dates for
taxpayers who file on other than a calendar | ||||||
22 | monthly basis. | ||||||
23 | The provisions of this paragraph apply before October 1, | ||||||
24 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
25 | quarter monthly
payments as specified above, any taxpayer who | ||||||
26 | is required by Section 2d
of this Act to collect and remit |
| |||||||
| |||||||
1 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
2 | excess of $25,000 per month during the preceding
2 complete | ||||||
3 | calendar quarters, shall file a return with the Department as
| ||||||
4 | required by Section 2f and shall make payments to the | ||||||
5 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
6 | month during which such liability
is incurred. If the month | ||||||
7 | during which such tax liability is incurred
began prior to | ||||||
8 | September 1, 1985 (the effective date of Public Act 84-221), | ||||||
9 | each
payment shall be in an amount not less than 22.5% of the | ||||||
10 | taxpayer's actual
liability under Section 2d. If the month | ||||||
11 | during which such tax liability
is incurred begins on or after | ||||||
12 | January 1, 1986, each payment shall be in an
amount equal to | ||||||
13 | 22.5% of the taxpayer's actual liability for the month or
27.5% | ||||||
14 | of the taxpayer's liability for the same calendar month of the
| ||||||
15 | preceding calendar year. If the month during which such tax | ||||||
16 | liability is
incurred begins on or after January 1, 1987, each | ||||||
17 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
18 | actual liability for the month or
26.25% of the taxpayer's | ||||||
19 | liability for the same calendar month of the
preceding year. | ||||||
20 | The amount of such quarter monthly payments shall be
credited | ||||||
21 | against the final tax liability of the taxpayer's return for | ||||||
22 | that
month filed under this Section or Section 2f, as the case | ||||||
23 | may be. Once
applicable, the requirement of the making of | ||||||
24 | quarter monthly payments to
the Department pursuant to this | ||||||
25 | paragraph shall continue until such
taxpayer's average monthly | ||||||
26 | prepaid tax collections during the preceding 2
complete |
| |||||||
| |||||||
1 | calendar quarters is $25,000 or less. If any such quarter | ||||||
2 | monthly
payment is not paid at the time or in the amount | ||||||
3 | required, the taxpayer
shall be liable for penalties and | ||||||
4 | interest on such difference, except
insofar as the taxpayer has | ||||||
5 | previously made payments for that month in
excess of the | ||||||
6 | minimum payments previously due. | ||||||
7 | The provisions of this paragraph apply on and after October | ||||||
8 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
9 | make quarter monthly
payments as specified above, any taxpayer | ||||||
10 | who is required by Section 2d of this
Act to collect and remit | ||||||
11 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
12 | excess of $20,000 per month during the preceding 4 complete | ||||||
13 | calendar
quarters shall file a return with the Department as | ||||||
14 | required by Section 2f
and shall make payments to the | ||||||
15 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
16 | month during which the liability is incurred. Each payment
| ||||||
17 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
18 | liability for the
month or 25% of the taxpayer's liability for | ||||||
19 | the same calendar month of the
preceding year. The amount of | ||||||
20 | the quarter monthly payments shall be credited
against the | ||||||
21 | final tax liability of the taxpayer's return for that month | ||||||
22 | filed
under this Section or Section 2f, as the case may be. | ||||||
23 | Once applicable, the
requirement of the making of quarter | ||||||
24 | monthly payments to the Department
pursuant to this paragraph | ||||||
25 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
26 | collections during the preceding 4 complete calendar quarters
|
| |||||||
| |||||||
1 | (excluding the month of highest liability and the month of | ||||||
2 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
3 | average monthly liability to the
Department as computed for | ||||||
4 | each calendar quarter of the 4 preceding complete
calendar | ||||||
5 | quarters is less than $20,000. If any such quarter monthly | ||||||
6 | payment is
not paid at the time or in the amount required, the | ||||||
7 | taxpayer shall be liable
for penalties and interest on such | ||||||
8 | difference, except insofar as the taxpayer
has previously made | ||||||
9 | payments for that month in excess of the minimum payments
| ||||||
10 | previously due. | ||||||
11 | If any payment provided for in this Section exceeds
the | ||||||
12 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
13 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
14 | shown on an original
monthly return, the Department shall, if | ||||||
15 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
16 | memorandum no later than 30 days after the date of
payment. The | ||||||
17 | credit evidenced by such credit memorandum may
be assigned by | ||||||
18 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
19 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
20 | in
accordance with reasonable rules and regulations to be | ||||||
21 | prescribed by the
Department. If no such request is made, the | ||||||
22 | taxpayer may credit such excess
payment against tax liability | ||||||
23 | subsequently to be remitted to the Department
under this Act, | ||||||
24 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
25 | Use Tax Act, in accordance with reasonable rules and | ||||||
26 | regulations
prescribed by the Department. If the Department |
| |||||||
| |||||||
1 | subsequently determined
that all or any part of the credit | ||||||
2 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
3 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
4 | of the difference between the credit taken and that
actually | ||||||
5 | due, and that taxpayer shall be liable for penalties and | ||||||
6 | interest
on such difference. | ||||||
7 | If a retailer of motor fuel is entitled to a credit under | ||||||
8 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
9 | to the Department under
this Act for the month which the | ||||||
10 | taxpayer is filing a return, the
Department shall issue the | ||||||
11 | taxpayer a credit memorandum for the excess. | ||||||
12 | Beginning January 1, 1990, each month the Department shall | ||||||
13 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
14 | State treasury which
is hereby created, the net revenue | ||||||
15 | realized for the preceding month from
the 1% tax imposed under | ||||||
16 | this Act. | ||||||
17 | Beginning January 1, 1990, each month the Department shall | ||||||
18 | pay into
the County and Mass Transit District Fund, a special | ||||||
19 | fund in the State
treasury which is hereby created, 4% of the | ||||||
20 | net revenue realized
for the preceding month from the 6.25% | ||||||
21 | general rate. | ||||||
22 | Beginning August 1, 2000, each
month the Department shall | ||||||
23 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
24 | net revenue realized for the
preceding month from the 1.25% | ||||||
25 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
26 | September 1, 2010, each month the Department shall pay into the |
| |||||||
| |||||||
1 | County and Mass Transit District Fund 20% of the net revenue | ||||||
2 | realized for the preceding month from the 1.25% rate on the | ||||||
3 | selling price of sales tax holiday items. | ||||||
4 | Beginning January 1, 1990, each month the Department shall | ||||||
5 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
6 | realized for the
preceding month from the 6.25% general rate on | ||||||
7 | the selling price of
tangible personal property. | ||||||
8 | Beginning August 1, 2000, each
month the Department shall | ||||||
9 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
10 | realized for the preceding
month from the 1.25% rate on the | ||||||
11 | selling price of motor fuel and gasohol. Beginning September 1, | ||||||
12 | 2010, each month the Department shall pay into the Local | ||||||
13 | Government Tax Fund 80% of the net revenue realized for the | ||||||
14 | preceding month from the 1.25% rate on the selling price of | ||||||
15 | sales tax holiday items. | ||||||
16 | Beginning October 1, 2009, each month the Department shall | ||||||
17 | pay into the Capital Projects Fund an amount that is equal to | ||||||
18 | an amount estimated by the Department to represent 80% of the | ||||||
19 | net revenue realized for the preceding month from the sale of | ||||||
20 | candy, grooming and hygiene products, and soft drinks that had | ||||||
21 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
22 | are now taxed at 6.25%. | ||||||
23 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
24 | into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
25 | realized for the
preceding month from the 6.25% general rate on | ||||||
26 | the selling price of sorbents used in Illinois in the process |
| |||||||
| |||||||
1 | of sorbent injection as used to comply with the Environmental | ||||||
2 | Protection Act or the federal Clean Air Act, but the total | ||||||
3 | payment into the Clean Air Act Permit Fund under this Act and | ||||||
4 | the Use Tax Act shall not exceed $2,000,000 in any fiscal year. | ||||||
5 | Beginning July 1, 2013, each month the Department shall pay | ||||||
6 | into the Underground Storage Tank Fund from the proceeds | ||||||
7 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
8 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
9 | average monthly deficit in the Underground Storage Tank Fund | ||||||
10 | during the prior year, as certified annually by the Illinois | ||||||
11 | Environmental Protection Agency, but the total payment into the | ||||||
12 | Underground Storage Tank Fund under this Act, the Use Tax Act, | ||||||
13 | the Service Use Tax Act, and the Service Occupation Tax Act | ||||||
14 | shall not exceed $18,000,000 in any State fiscal year. As used | ||||||
15 | in this paragraph, the "average monthly deficit" shall be equal | ||||||
16 | to the difference between the average monthly claims for | ||||||
17 | payment by the fund and the average monthly revenues deposited | ||||||
18 | into the fund, excluding payments made pursuant to this | ||||||
19 | paragraph. | ||||||
20 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
21 | received by the Department under the Use Tax Act, the Service | ||||||
22 | Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||||||
23 | month the Department shall deposit $500,000 into the State | ||||||
24 | Crime Laboratory Fund. | ||||||
25 | Of the remainder of the moneys received by the Department | ||||||
26 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the |
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | |||||||||||||||||||||||||||||||||
2 | and after July 1, 1989,
3.8% thereof shall be paid into the | |||||||||||||||||||||||||||||||||
3 | Build Illinois Fund; provided, however,
that if in any fiscal | |||||||||||||||||||||||||||||||||
4 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||||||||||||||||||||||||||
5 | may be, of the moneys received by the Department and required | |||||||||||||||||||||||||||||||||
6 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||||||||||||||||||
7 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||||||||||||||||||
8 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||||||||||||||||||
9 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||||||||||||||||||
10 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||||||||||||||||||
11 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||
12 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||||||||||||||||||
13 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||||||||||||||||||
14 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||||||||||||||||||
15 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||||||||||||||||||
16 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||||||||||||||||||||||||||
17 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||||||||||||||||||
18 | fiscal years 1986 through 1993: | |||||||||||||||||||||||||||||||||
|
| |||||||
| |||||||
| |||||||
2 | and means the Certified Annual Debt Service Requirement (as | ||||||
3 | defined in
Section 13 of the Build Illinois Bond Act) or the | ||||||
4 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | ||||||
5 | each fiscal year thereafter; and
further provided, that if on | ||||||
6 | the last business day of any month the sum of
(1) the Tax Act | ||||||
7 | Amount required to be deposited into the Build Illinois
Bond | ||||||
8 | Account in the Build Illinois Fund during such month and (2) | ||||||
9 | the
amount transferred to the Build Illinois Fund from the | ||||||
10 | State and Local
Sales Tax Reform Fund shall have been less than | ||||||
11 | 1/12 of the Annual
Specified Amount, an amount equal to the | ||||||
12 | difference shall be immediately
paid into the Build Illinois | ||||||
13 | Fund from other moneys received by the
Department pursuant to | ||||||
14 | the Tax Acts; and, further provided, that in no
event shall the | ||||||
15 | payments required under the preceding proviso result in
| ||||||
16 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
17 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
18 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
19 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
20 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
21 | shall be payable only until such time as the aggregate amount | ||||||
22 | on
deposit under each trust indenture securing Bonds issued and | ||||||
23 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
24 | sufficient, taking into account
any future investment income, | ||||||
25 | to fully provide, in accordance with such
indenture, for the | ||||||
26 | defeasance of or the payment of the principal of,
premium, if |
| |||||||
| |||||||
1 | any, and interest on the Bonds secured by such indenture and on
| ||||||
2 | any Bonds expected to be issued thereafter and all fees and | ||||||
3 | costs payable
with respect thereto, all as certified by the | ||||||
4 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
5 | Management and Budget). If on the last
business day of any | ||||||
6 | month in which Bonds are
outstanding pursuant to the Build | ||||||
7 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
8 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
9 | month shall be less than the amount required to be transferred
| ||||||
10 | in such month from the Build Illinois Bond Account to the Build | ||||||
11 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
12 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
13 | deficiency shall be immediately
paid from other moneys received | ||||||
14 | by the Department pursuant to the Tax Acts
to the Build | ||||||
15 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
16 | Build Illinois Fund in any fiscal year pursuant to this | ||||||
17 | sentence shall be
deemed to constitute payments pursuant to | ||||||
18 | clause (b) of the first sentence
of this paragraph and shall | ||||||
19 | reduce the amount otherwise payable for such
fiscal year | ||||||
20 | pursuant to that clause (b). The moneys received by the
| ||||||
21 | Department pursuant to this Act and required to be deposited | ||||||
22 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||
23 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||
24 | Act. | ||||||
25 | Subject to payment of amounts into the Build Illinois Fund | ||||||
26 | as provided in
the preceding paragraph or in any amendment |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Chairman of the Metropolitan Public Pier and Exposition
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Authority provided under Section 8.25f of the State Finance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Act, but not in
excess of sums designated as "Total Deposit", | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | shall be deposited in the
aggregate from collections under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Act, Section 9 of the Service Occupation Tax Act, and
Section 3 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | of the Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | certificate of the Chairman of
the Metropolitan Public Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | (g) of Section 13
of the Metropolitan Public Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Exposition Authority Act, plus cumulative
deficiencies in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | deposits required under this Section for previous
months and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | years, shall be deposited into the McCormick Place Expansion
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Project Fund, until the full amount requested for the fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | year, but not
in excess of the amount specified above as "Total | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Deposit", has been deposited. |
| |||||||
| |||||||
1 | Subject to payment of amounts into the Build Illinois Fund | ||||||
2 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
3 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
4 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
5 | 2013, the Department shall each
month pay into the Illinois Tax | ||||||
6 | Increment Fund 0.27% of 80% of the net revenue
realized for the | ||||||
7 | preceding month from the 6.25% general rate on the selling
| ||||||
8 | price of tangible personal property. | ||||||
9 | Subject to payment of amounts into the Build Illinois Fund | ||||||
10 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
11 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
12 | enacted, beginning with the receipt of the first
report of | ||||||
13 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
14 | period, the Department shall each month pay into the Energy | ||||||
15 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
16 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
17 | that was sold to an eligible business.
For purposes of this | ||||||
18 | paragraph, the term "eligible business" means a new
electric | ||||||
19 | generating facility certified pursuant to Section 605-332 of | ||||||
20 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
21 | Civil Administrative Code of Illinois. | ||||||
22 | Subject to payment of amounts into the Build Illinois Fund, | ||||||
23 | the McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
24 | Increment Fund, and the Energy Infrastructure Fund pursuant to | ||||||
25 | the preceding paragraphs or in any amendments to this Section | ||||||
26 | hereafter enacted, beginning on the first day of the first |
| |||||||
| |||||||
1 | calendar month to occur on or after August 26, 2014 (the | ||||||
2 | effective date of Public Act 98-1098), each month, from the | ||||||
3 | collections made under Section 9 of the Use Tax Act, Section 9 | ||||||
4 | of the Service Use Tax Act, Section 9 of the Service Occupation | ||||||
5 | Tax Act, and Section 3 of the Retailers' Occupation Tax Act, | ||||||
6 | the Department shall pay into the Tax Compliance and | ||||||
7 | Administration Fund, to be used, subject to appropriation, to | ||||||
8 | fund additional auditors and compliance personnel at the | ||||||
9 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
10 | the cash receipts collected during the preceding fiscal year by | ||||||
11 | the Audit Bureau of the Department under the Use Tax Act, the | ||||||
12 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
13 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
14 | and use taxes administered by the Department. | ||||||
15 | Subject to payments of amounts into the Build Illinois | ||||||
16 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
17 | Tax Increment Fund, the Energy Infrastructure Fund, and the Tax | ||||||
18 | Compliance and Administration Fund as provided in this Section, | ||||||
19 | beginning on July 1, 2018 the Department shall pay each month | ||||||
20 | into the Downstate Public Transportation Fund the moneys | ||||||
21 | required to be so paid under Section 2-3 of the Downstate | ||||||
22 | Public Transportation Act. | ||||||
23 | Of the remainder of the moneys received by the Department | ||||||
24 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
25 | Treasury and 25% shall
be reserved in a special account and | ||||||
26 | used only for the transfer to the
Common School Fund as part of |
| |||||||
| |||||||
1 | the monthly transfer from the General Revenue
Fund in | ||||||
2 | accordance with Section 8a of the State Finance Act. | ||||||
3 | The Department may, upon separate written notice to a | ||||||
4 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
5 | Department on a form
prescribed by the Department within not | ||||||
6 | less than 60 days after receipt
of the notice an annual | ||||||
7 | information return for the tax year specified in
the notice. | ||||||
8 | Such annual return to the Department shall include a
statement | ||||||
9 | of gross receipts as shown by the retailer's last Federal | ||||||
10 | income
tax return. If the total receipts of the business as | ||||||
11 | reported in the
Federal income tax return do not agree with the | ||||||
12 | gross receipts reported to
the Department of Revenue for the | ||||||
13 | same period, the retailer shall attach
to his annual return a | ||||||
14 | schedule showing a reconciliation of the 2
amounts and the | ||||||
15 | reasons for the difference. The retailer's annual
return to the | ||||||
16 | Department shall also disclose the cost of goods sold by
the | ||||||
17 | retailer during the year covered by such return, opening and | ||||||
18 | closing
inventories of such goods for such year, costs of goods | ||||||
19 | used from stock
or taken from stock and given away by the | ||||||
20 | retailer during such year,
payroll information of the | ||||||
21 | retailer's business during such year and any
additional | ||||||
22 | reasonable information which the Department deems would be
| ||||||
23 | helpful in determining the accuracy of the monthly, quarterly | ||||||
24 | or annual
returns filed by such retailer as provided for in | ||||||
25 | this Section. | ||||||
26 | If the annual information return required by this Section |
| |||||||
| |||||||
1 | is not
filed when and as required, the taxpayer shall be liable | ||||||
2 | as follows: | ||||||
3 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
4 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
5 | taxpayer under
this Act during the period to be covered by | ||||||
6 | the annual return for each
month or fraction of a month | ||||||
7 | until such return is filed as required, the
penalty to be | ||||||
8 | assessed and collected in the same manner as any other
| ||||||
9 | penalty provided for in this Act. | ||||||
10 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
11 | be
liable for a penalty as described in Section 3-4 of the | ||||||
12 | Uniform Penalty and
Interest Act. | ||||||
13 | The chief executive officer, proprietor, owner or highest | ||||||
14 | ranking
manager shall sign the annual return to certify the | ||||||
15 | accuracy of the
information contained therein. Any person who | ||||||
16 | willfully signs the
annual return containing false or | ||||||
17 | inaccurate information shall be guilty
of perjury and punished | ||||||
18 | accordingly. The annual return form prescribed
by the | ||||||
19 | Department shall include a warning that the person signing the
| ||||||
20 | return may be liable for perjury. | ||||||
21 | The provisions of this Section concerning the filing of an | ||||||
22 | annual
information return do not apply to a retailer who is not | ||||||
23 | required to
file an income tax return with the United States | ||||||
24 | Government. | ||||||
25 | As soon as possible after the first day of each month, upon | ||||||
26 | certification
of the Department of Revenue, the Comptroller |
| |||||||
| |||||||
1 | shall order transferred and
the Treasurer shall transfer from | ||||||
2 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
3 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
4 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
5 | transfer is no longer required
and shall not be made. | ||||||
6 | Net revenue realized for a month shall be the revenue | ||||||
7 | collected by the
State pursuant to this Act, less the amount | ||||||
8 | paid out during that month as
refunds to taxpayers for | ||||||
9 | overpayment of liability. | ||||||
10 | For greater simplicity of administration, manufacturers, | ||||||
11 | importers
and wholesalers whose products are sold at retail in | ||||||
12 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
13 | assume the responsibility
for accounting and paying to the | ||||||
14 | Department all tax accruing under this
Act with respect to such | ||||||
15 | sales, if the retailers who are affected do not
make written | ||||||
16 | objection to the Department to this arrangement. | ||||||
17 | Any person who promotes, organizes, provides retail | ||||||
18 | selling space for
concessionaires or other types of sellers at | ||||||
19 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
20 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
21 | events, including any transient merchant as defined by Section | ||||||
22 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
23 | report with the
Department providing the name of the merchant's | ||||||
24 | business, the name of the
person or persons engaged in | ||||||
25 | merchant's business, the permanent address and
Illinois | ||||||
26 | Retailers Occupation Tax Registration Number of the merchant, |
| |||||||
| |||||||
1 | the
dates and location of the event and other reasonable | ||||||
2 | information that the
Department may require. The report must be | ||||||
3 | filed not later than the 20th day
of the month next following | ||||||
4 | the month during which the event with retail sales
was held. | ||||||
5 | Any person who fails to file a report required by this Section
| ||||||
6 | commits a business offense and is subject to a fine not to | ||||||
7 | exceed $250. | ||||||
8 | Any person engaged in the business of selling tangible | ||||||
9 | personal
property at retail as a concessionaire or other type | ||||||
10 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
11 | flea markets and similar
exhibitions or events, or any | ||||||
12 | transient merchants, as defined by Section 2
of the Transient | ||||||
13 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
14 | the amount of such sales to the Department and to make a daily | ||||||
15 | payment of
the full amount of tax due. The Department shall | ||||||
16 | impose this
requirement when it finds that there is a | ||||||
17 | significant risk of loss of
revenue to the State at such an | ||||||
18 | exhibition or event. Such a finding
shall be based on evidence | ||||||
19 | that a substantial number of concessionaires
or other sellers | ||||||
20 | who are not residents of Illinois will be engaging in
the | ||||||
21 | business of selling tangible personal property at retail at the
| ||||||
22 | exhibition or event, or other evidence of a significant risk of | ||||||
23 | loss of revenue
to the State. The Department shall notify | ||||||
24 | concessionaires and other sellers
affected by the imposition of | ||||||
25 | this requirement. In the absence of
notification by the | ||||||
26 | Department, the concessionaires and other sellers
shall file |
| |||||||
| |||||||
1 | their returns as otherwise required in this Section. | ||||||
2 | (Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16; | ||||||
3 | 99-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff. | ||||||
4 | 7-1-18; 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19.)
| ||||||
5 | Section 50. The Cigarette Tax Act is amended by changing | ||||||
6 | Section 29 as follows:
| ||||||
7 | (35 ILCS 130/29) (from Ch. 120, par. 453.29)
| ||||||
8 | Sec. 29. All moneys received by the Department from the | ||||||
9 | one-half mill
tax imposed by the Sixty-fourth General Assembly | ||||||
10 | and all interest and
penalties, received in connection | ||||||
11 | therewith under the provisions of this
Act shall be paid into | ||||||
12 | the Metropolitan Fair and Exposition Authority
Reconstruction | ||||||
13 | Fund. All other moneys received by the Department under this
| ||||||
14 | Act shall be paid into the General Revenue Fund in the State | ||||||
15 | treasury.
After there has been paid into the Metropolitan Fair | ||||||
16 | and Exposition
Authority Reconstruction Fund sufficient money | ||||||
17 | to pay in full both
principal and interest, all of the | ||||||
18 | outstanding bonds issued pursuant to the
"Fair and Exposition | ||||||
19 | Authority Reconstruction Act", the State Treasurer and
| ||||||
20 | Comptroller shall transfer to the General Revenue Fund the | ||||||
21 | balance of
moneys remaining in the Metropolitan Fair and | ||||||
22 | Exposition Authority
Reconstruction Fund except for $2,500,000 | ||||||
23 | which shall remain in the
Metropolitan Fair and Exposition | ||||||
24 | Authority Reconstruction Fund and which
may be appropriated by |
| |||||||
| |||||||
1 | the General Assembly for the corporate purposes of
the | ||||||
2 | Metropolitan Public Pier and Exposition Authority. All monies | ||||||
3 | received by the
Department in fiscal year 1978 and thereafter | ||||||
4 | from the one-half mill tax
imposed by the Sixty-fourth General | ||||||
5 | Assembly, and all interest and
penalties received in connection | ||||||
6 | therewith under the provisions of this
Act, shall be paid into | ||||||
7 | the General Revenue Fund, except that the
Department shall pay | ||||||
8 | the first $4,800,000 received in fiscal years
1979 through 2001 | ||||||
9 | from that one-half
mill tax into the
Metropolitan Fair and | ||||||
10 | Exposition Authority Reconstruction Fund
which monies may be | ||||||
11 | appropriated by the General Assembly for the corporate
purposes | ||||||
12 | of the Metropolitan Public Pier and Exposition Authority.
| ||||||
13 | In fiscal year 2002 and fiscal year 2003, the first | ||||||
14 | $4,800,000 from the
one-half mill tax
shall be
paid into the | ||||||
15 | Statewide Economic Development Fund.
| ||||||
16 | All moneys received by the Department in fiscal year 2006 | ||||||
17 | and thereafter from the one-half mill tax imposed by the 64th | ||||||
18 | General Assembly and all interest and penalties received in | ||||||
19 | connection with that tax under the provisions of this Act shall | ||||||
20 | be paid into the General Revenue Fund.
| ||||||
21 | (Source: P.A. 93-22, eff. 6-20-03; 94-91, eff. 7-1-05.)
| ||||||
22 | Section 55. The Hotel Operators' Occupation Tax Act is | ||||||
23 | amended by changing Sections 3 and 6 as follows:
| ||||||
24 | (35 ILCS 145/3) (from Ch. 120, par. 481b.33)
|
| |||||||
| |||||||
1 | Sec. 3. Rate; exemptions.
| ||||||
2 | (a) A tax is imposed upon persons engaged in the business | ||||||
3 | of renting,
leasing or letting rooms in a hotel at the rate of | ||||||
4 | 5% of 94% of the gross
rental receipts from such renting, | ||||||
5 | leasing or letting, excluding, however,
from gross rental | ||||||
6 | receipts, the proceeds of such renting, leasing or
letting to | ||||||
7 | permanent residents of that hotel and proceeds from the tax
| ||||||
8 | imposed under subsection (c) of Section 13 of the Metropolitan | ||||||
9 | Public Pier and
Exposition Authority Act.
| ||||||
10 | (b) There shall be imposed an
additional tax upon persons | ||||||
11 | engaged in the business of renting, leasing or
letting rooms in | ||||||
12 | a hotel at the rate of 1% of 94% of the gross rental
receipts | ||||||
13 | from such renting, leasing or letting, excluding, however, from
| ||||||
14 | gross rental receipts, the proceeds of such renting, leasing or | ||||||
15 | letting to
permanent residents of that hotel and proceeds from | ||||||
16 | the tax imposed under
subsection (c) of Section 13 of the | ||||||
17 | Metropolitan Public Pier and Exposition
Authority Act.
| ||||||
18 | (c) No funds received pursuant to this Act shall be used to
| ||||||
19 | advertise for or otherwise promote new competition in the hotel | ||||||
20 | business.
| ||||||
21 | (d) However, such tax is not imposed upon the privilege of
| ||||||
22 | engaging in any business in Interstate Commerce or otherwise,
| ||||||
23 | which business may not, under the Constitution and Statutes of
| ||||||
24 | the United States, be made the subject of taxation by this | ||||||
25 | State.
In addition, the tax is not imposed upon gross rental | ||||||
26 | receipts for which
the hotel operator is prohibited from |
| |||||||
| |||||||
1 | obtaining reimbursement for the tax
from the customer by reason | ||||||
2 | of a federal treaty.
| ||||||
3 | (d-5) On and after July 1, 2017, the tax imposed by this | ||||||
4 | Act shall not apply to gross rental receipts received by an | ||||||
5 | entity that is organized and operated exclusively for religious | ||||||
6 | purposes and possesses an active Exemption Identification | ||||||
7 | Number issued by the Department pursuant to the Retailers' | ||||||
8 | Occupation Tax Act when acting as a hotel operator renting, | ||||||
9 | leasing, or letting rooms: | ||||||
10 | (1) in furtherance of the purposes for which it is | ||||||
11 | organized; or | ||||||
12 | (2) to entities that (i) are organized and operated | ||||||
13 | exclusively for religious purposes, (ii) possess an active | ||||||
14 | Exemption Identification Number issued by the Department | ||||||
15 | pursuant to the Retailers' Occupation Tax Act, and (iii) | ||||||
16 | rent the rooms in furtherance of the purposes for which | ||||||
17 | they are organized. | ||||||
18 | No gross rental receipts are exempt under paragraph (2) of | ||||||
19 | this subsection (d-5) unless the hotel operator obtains the | ||||||
20 | active Exemption Identification Number from the exclusively | ||||||
21 | religious entity to whom it is renting and maintains that | ||||||
22 | number in its books and records. Gross rental receipts from all | ||||||
23 | rentals other than those described in items (1) or (2) of this | ||||||
24 | subsection (d-5) are subject to the tax imposed by this Act | ||||||
25 | unless otherwise exempt under this Act. | ||||||
26 | This subsection (d-5) is exempt from the sunset provisions |
| |||||||
| |||||||
1 | of Section 3-5 of this Act. | ||||||
2 | (e) Persons subject to the tax imposed by this Act may
| ||||||
3 | reimburse themselves for their tax liability under this Act by
| ||||||
4 | separately stating such tax as an additional charge, which
| ||||||
5 | charge may be stated in combination, in a single amount, with
| ||||||
6 | any tax imposed pursuant to Sections 8-3-13 and 8-3-14 of the
| ||||||
7 | Illinois Municipal Code, and Section 25.05-10 of "An Act to | ||||||
8 | revise
the law in relation to counties".
| ||||||
9 | (f) If any hotel operator collects an amount (however
| ||||||
10 | designated) which purports to reimburse such operator for hotel
| ||||||
11 | operators' occupation tax liability measured by receipts which
| ||||||
12 | are not subject to hotel operators' occupation tax, or if any
| ||||||
13 | hotel operator, in collecting an amount (however designated)
| ||||||
14 | which purports to reimburse such operator for hotel operators'
| ||||||
15 | occupation tax liability measured by receipts which are subject
| ||||||
16 | to tax under this Act, collects more from the customer than the
| ||||||
17 | operators' hotel operators' occupation tax liability in the
| ||||||
18 | transaction is, the customer shall have a legal right to claim
| ||||||
19 | a refund of such amount from such operator. However, if such
| ||||||
20 | amount is not refunded to the customer for any reason, the | ||||||
21 | hotel
operator is liable to pay such amount to the Department.
| ||||||
22 | (Source: P.A. 100-213, eff. 8-18-17.)
| ||||||
23 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
| ||||||
24 | Sec. 6. Filing of returns and distribution of proceeds. | ||||||
25 | Except as provided hereinafter in this Section, on or |
| |||||||
| |||||||
1 | before
the last day of each calendar month, every person | ||||||
2 | engaged in the
business of renting, leasing or letting rooms in | ||||||
3 | a hotel in this State
during the preceding calendar month shall | ||||||
4 | file a return with the
Department, stating:
| ||||||
5 | 1. The name of the operator;
| ||||||
6 | 2. His residence address and the address of his | ||||||
7 | principal place of
business and the address of the | ||||||
8 | principal place of business (if that is
a different | ||||||
9 | address) from which he engages in the business of renting,
| ||||||
10 | leasing or letting rooms in a hotel in this State;
| ||||||
11 | 3. Total amount of rental receipts received by him | ||||||
12 | during the
preceding calendar month from renting, leasing | ||||||
13 | or letting rooms during
such preceding calendar month;
| ||||||
14 | 4. Total amount of rental receipts received by him | ||||||
15 | during the
preceding calendar month from renting, leasing | ||||||
16 | or letting rooms to
permanent residents during such | ||||||
17 | preceding calendar month;
| ||||||
18 | 5. Total amount of other exclusions from gross rental | ||||||
19 | receipts
allowed by this Act;
| ||||||
20 | 6. Gross rental receipts which were received by him | ||||||
21 | during the
preceding calendar month and upon the basis of | ||||||
22 | which the tax is imposed;
| ||||||
23 | 7. The amount of tax due;
| ||||||
24 | 8. Such other reasonable information as the Department | ||||||
25 | may require.
| ||||||
26 | If the operator's average monthly tax liability to the |
| |||||||
| |||||||
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 30 of such year; with the
return for April, May | ||||||
5 | and June of a given year being due by July 31 of
such year; with | ||||||
6 | the return for July, August and September of a given
year being | ||||||
7 | due by October 31 of such year, and with the return for
| ||||||
8 | October, November and December of a given year being due by | ||||||
9 | January 31
of the following year.
| ||||||
10 | If the operator'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 for | ||||||
13 | a given year being due by
January 31 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 monthly | ||||||
16 | returns.
| ||||||
17 | Notwithstanding any other provision in this Act concerning | ||||||
18 | the time
within which an operator may file his return, in the | ||||||
19 | case of any
operator who ceases to engage in a kind of business | ||||||
20 | which makes him
responsible for filing returns under this Act, | ||||||
21 | such operator shall file
a final return under this Act with the | ||||||
22 | Department not more than 1 month
after discontinuing such | ||||||
23 | business.
| ||||||
24 | Where the same person has more than 1 business registered | ||||||
25 | with the
Department under separate registrations under this | ||||||
26 | Act, such person
shall not file each return that is due as a |
| |||||||
| |||||||
1 | single return covering all
such registered businesses, but | ||||||
2 | shall file separate returns for each
such registered business.
| ||||||
3 | In his return, the operator shall determine the value of | ||||||
4 | any
consideration other than money received by him in | ||||||
5 | connection with the
renting, leasing or letting of rooms in the | ||||||
6 | course of his business and
he shall include such value in his | ||||||
7 | return. Such determination shall be
subject to review and | ||||||
8 | revision by the Department in the manner
hereinafter provided | ||||||
9 | for the correction of returns.
| ||||||
10 | Where the operator is a corporation, the return filed on | ||||||
11 | behalf of
such corporation shall be signed by the president, | ||||||
12 | vice-president,
secretary or treasurer or by the properly | ||||||
13 | accredited agent of such
corporation.
| ||||||
14 | The person filing the return herein provided for shall, at | ||||||
15 | the time of
filing such return, pay to the Department the | ||||||
16 | amount of tax herein imposed.
The operator filing the return | ||||||
17 | under this Section shall, at the time of
filing such return, | ||||||
18 | pay to the Department the amount of tax imposed by this
Act | ||||||
19 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
20 | greater,
which is allowed to reimburse the operator for the | ||||||
21 | expenses incurred in
keeping records, preparing and filing | ||||||
22 | returns, remitting the tax and
supplying data to the Department | ||||||
23 | on request.
| ||||||
24 | If any payment provided for in this Section exceeds the | ||||||
25 | operator's liabilities under this Act, as shown on an original | ||||||
26 | return, the Department may authorize the operator to credit |
| |||||||
| |||||||
1 | such excess payment against liability subsequently to be | ||||||
2 | remitted to the Department under this Act, in accordance with | ||||||
3 | reasonable rules adopted by the Department. If the Department | ||||||
4 | subsequently determines that all or any part of the credit | ||||||
5 | taken was not actually due to the operator, the operator's | ||||||
6 | discount shall be reduced by an amount equal to the difference | ||||||
7 | between the discount as applied to the credit taken and that | ||||||
8 | actually due, and that operator shall be liable for penalties | ||||||
9 | and interest on such difference. | ||||||
10 | There shall be deposited in the Build Illinois Fund in the | ||||||
11 | State
Treasury for each State fiscal year 40% of the amount of | ||||||
12 | total
net proceeds from the tax imposed by subsection (a) of | ||||||
13 | Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | ||||||
14 | in the Illinois
Sports Facilities Fund and credited to the | ||||||
15 | Subsidy Account each fiscal
year by making monthly deposits in | ||||||
16 | the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | ||||||
17 | such deposits for prior months, and an
additional $8,000,000 | ||||||
18 | shall be deposited in the Illinois Sports Facilities
Fund and | ||||||
19 | credited to the Advance Account each fiscal year by making | ||||||
20 | monthly
deposits in the amount of 1/8 of $8,000,000 plus any | ||||||
21 | cumulative deficiencies
in such deposits for prior months; | ||||||
22 | provided, that for fiscal years ending
after June 30, 2001, the | ||||||
23 | amount to be so deposited into the Illinois
Sports Facilities | ||||||
24 | Fund and credited to the Advance Account each fiscal year
shall | ||||||
25 | be increased from $8,000,000 to the then applicable Advance | ||||||
26 | Amount and
the required monthly deposits beginning with July |
| |||||||
| |||||||
1 | 2001 shall be in the amount
of 1/8 of the then applicable | ||||||
2 | Advance Amount plus any cumulative deficiencies
in those | ||||||
3 | deposits for prior months. (The deposits of the additional | ||||||
4 | $8,000,000
or the then applicable Advance Amount, as | ||||||
5 | applicable,
during each fiscal year shall be treated as | ||||||
6 | advances
of funds to the Illinois Sports Facilities Authority | ||||||
7 | for its corporate
purposes to the extent paid to the Authority | ||||||
8 | or its trustee and shall be
repaid into the General Revenue | ||||||
9 | Fund in the State Treasury by the State
Treasurer on behalf of | ||||||
10 | the Authority pursuant to Section 19 of the Illinois
Sports | ||||||
11 | Facilities Authority Act, as amended. If in any fiscal year the | ||||||
12 | full
amount of the then applicable Advance Amount
is not repaid | ||||||
13 | into the General Revenue Fund, then the deficiency shall be | ||||||
14 | paid
from the amount in the Local Government Distributive Fund | ||||||
15 | that would otherwise
be allocated to the City of Chicago under | ||||||
16 | the State Revenue Sharing Act.)
| ||||||
17 | For purposes of the foregoing paragraph, the term "Advance | ||||||
18 | Amount"
means, for fiscal year 2002, $22,179,000, and for | ||||||
19 | subsequent fiscal years
through fiscal year 2032, 105.615% of | ||||||
20 | the Advance Amount for the immediately
preceding fiscal year, | ||||||
21 | rounded up to the nearest $1,000.
| ||||||
22 | Of the remaining 60% of the amount of total net proceeds | ||||||
23 | prior to August 1, 2011 from the tax
imposed by subsection (a) | ||||||
24 | of Section 3 after all required deposits in the
Illinois Sports | ||||||
25 | Facilities Fund, the amount equal to 8% of the net revenue
| ||||||
26 | realized from this Act plus an amount equal to
8% of the net |
| |||||||
| |||||||
1 | revenue realized from any tax imposed under Section 4.05 of the
| ||||||
2 | Chicago World's Fair-1992 Authority Act during the preceding | ||||||
3 | month shall be
deposited in the Local Tourism Fund each month | ||||||
4 | for purposes authorized by
Section 605-705 of the Department of | ||||||
5 | Commerce and Economic Opportunity Law (20 ILCS 605/605-705). Of | ||||||
6 | the remaining 60% of the amount of total net proceeds beginning | ||||||
7 | on August 1, 2011 from the tax imposed by subsection (a) of | ||||||
8 | Section 3 after all required deposits in the Illinois Sports | ||||||
9 | Facilities Fund, an amount equal to 8% of the net revenue | ||||||
10 | realized from this Act plus an amount equal to 8% of the net | ||||||
11 | revenue realized from any tax imposed under Section 4.05 of the | ||||||
12 | Chicago World's Fair-1992 Authority Act during the preceding | ||||||
13 | month shall be deposited as follows: 18% of such amount shall | ||||||
14 | be deposited into the Chicago Travel Industry Promotion Fund | ||||||
15 | for the purposes described in subsection (n) of Section 5 of | ||||||
16 | the Metropolitan Public Pier and Exposition Authority Act and | ||||||
17 | the remaining 82% of such amount shall be deposited into the | ||||||
18 | Local Tourism Fund each month for purposes authorized by | ||||||
19 | Section 605-705 of the Department of Commerce and Economic | ||||||
20 | Opportunity Law. Beginning on August 1, 1999 and ending on July | ||||||
21 | 31, 2011, an amount equal to 4.5% of the net revenue
realized | ||||||
22 | from the Hotel Operators' Occupation Tax Act during the | ||||||
23 | preceding
month shall be deposited into the International | ||||||
24 | Tourism Fund for the purposes
authorized in Section 605-707 of | ||||||
25 | the Department of Commerce
and Economic Opportunity Law. | ||||||
26 | Beginning on August 1, 2011, an amount equal to 4.5% of the net |
| |||||||
| |||||||
1 | revenue realized from this Act during the preceding month shall | ||||||
2 | be deposited as follows: 55% of such amount shall be deposited | ||||||
3 | into the Chicago Travel Industry Promotion Fund for the | ||||||
4 | purposes described in subsection (n) of Section 5 of the | ||||||
5 | Metropolitan Public Pier and Exposition Authority Act and the | ||||||
6 | remaining 45% of such amount deposited into the International | ||||||
7 | Tourism Fund for the purposes authorized in Section 605-707 of | ||||||
8 | the Department of Commerce and Economic Opportunity Law. "Net
| ||||||
9 | revenue realized for a month" means the revenue collected by | ||||||
10 | the State under
that Act during the previous month less the | ||||||
11 | amount paid out during that same
month as refunds to taxpayers | ||||||
12 | for overpayment of liability under that Act.
| ||||||
13 | After making all these deposits, all other proceeds of the | ||||||
14 | tax imposed under
subsection (a) of Section 3 shall be | ||||||
15 | deposited in the Tourism Promotion Fund in
the State Treasury. | ||||||
16 | All moneys received by the Department from the additional
tax | ||||||
17 | imposed under subsection (b) of Section 3 shall be deposited | ||||||
18 | into the Build
Illinois Fund in the State Treasury.
| ||||||
19 | The Department may, upon separate written notice to a | ||||||
20 | taxpayer, require
the taxpayer to prepare and file with the | ||||||
21 | Department on a form prescribed
by the Department within not | ||||||
22 | less than 60 days after receipt of the notice
an annual | ||||||
23 | information return for the tax year specified in the notice.
| ||||||
24 | Such annual return to the Department shall include a statement | ||||||
25 | of gross
receipts as shown by the operator's last State income | ||||||
26 | tax return. If the
total receipts of the business as reported |
| |||||||
| |||||||
1 | in the State income tax return
do not agree with the gross | ||||||
2 | receipts reported to the Department for the
same period, the | ||||||
3 | operator shall attach to his annual information return a
| ||||||
4 | schedule showing a reconciliation of the 2 amounts and the | ||||||
5 | reasons for the
difference. The operator's annual information | ||||||
6 | return to the Department
shall also disclose pay roll | ||||||
7 | information of the operator's business during
the year covered | ||||||
8 | by such return and any additional reasonable information
which | ||||||
9 | the Department deems would be helpful in determining the | ||||||
10 | accuracy of
the monthly, quarterly or annual tax returns by | ||||||
11 | such operator as
hereinbefore provided for in this Section.
| ||||||
12 | If the annual information return required by this Section | ||||||
13 | is not filed
when and as required the taxpayer shall be liable | ||||||
14 | for a penalty in an
amount determined in accordance with | ||||||
15 | Section 3-4 of the Uniform Penalty and
Interest Act until such | ||||||
16 | return is filed as required, the penalty to be
assessed and | ||||||
17 | collected in the same manner as any other penalty provided
for | ||||||
18 | in this Act.
| ||||||
19 | The chief executive officer, proprietor, owner or highest | ||||||
20 | ranking manager
shall sign the annual return to certify the | ||||||
21 | accuracy of the information
contained therein. Any person who | ||||||
22 | willfully signs the annual return containing
false or | ||||||
23 | inaccurate information shall be guilty of perjury and punished
| ||||||
24 | accordingly. The annual return form prescribed by the | ||||||
25 | Department shall
include a warning that the person signing the | ||||||
26 | return may be liable for perjury.
|
| |||||||
| |||||||
1 | The foregoing portion of this Section concerning the filing | ||||||
2 | of an annual
information return shall not apply to an operator | ||||||
3 | who is not required to
file an income tax return with the | ||||||
4 | United States Government.
| ||||||
5 | (Source: P.A. 100-23, eff. 7-6-17; 100-1171, eff. 1-4-19.)
| ||||||
6 | Section 60. The Illinois Municipal Code is amended by | ||||||
7 | changing Sections 8-3-13, 8-3-14, 8-3-14a, and 11-74.3-6 as | ||||||
8 | follows:
| ||||||
9 | (65 ILCS 5/8-3-13) (from Ch. 24, par. 8-3-13)
| ||||||
10 | Sec. 8-3-13.
The corporate authorities of any municipality | ||||||
11 | containing
500,000 or more inhabitants may impose a tax prior | ||||||
12 | to July 1, 1969, upon
all persons engaged in the municipality | ||||||
13 | in the business of renting, leasing
or letting rooms in a | ||||||
14 | hotel, as defined in the Hotel Operators' Occupation
Tax Act, | ||||||
15 | at a rate not to exceed 1% of the gross rental receipts from | ||||||
16 | the
renting, leasing or letting, excluding, however, from gross | ||||||
17 | rental
receipts, the proceeds of the renting, leasing or | ||||||
18 | letting to permanent
residents of that hotel and proceeds from | ||||||
19 | the tax imposed under subsection
(c) of Section 13 of the | ||||||
20 | Metropolitan Public Pier and Exposition Authority Act.
| ||||||
21 | The tax imposed by a municipality under this Section and | ||||||
22 | all civil
penalties that may be assessed as an incident thereof | ||||||
23 | shall be collected
and enforced by the State Department of | ||||||
24 | Revenue. The certificate of
registration that is issued by the |
| |||||||
| |||||||
1 | Department to a lessor under the Hotel
Operators' Occupation | ||||||
2 | Tax Act shall permit the registrant to engage in a
business | ||||||
3 | that is taxable under any ordinance or resolution enacted under
| ||||||
4 | this Section without registering separately with the | ||||||
5 | Department under the
ordinance or resolution or under this | ||||||
6 | Section. The Department shall have
full power to administer and | ||||||
7 | enforce this Section; to collect all taxes and
penalties due | ||||||
8 | hereunder; to dispose of taxes and penalties so collected in
| ||||||
9 | the manner provided in this Section; and to determine all | ||||||
10 | rights to credit
memoranda arising on account of the erroneous | ||||||
11 | payment of tax or penalty
hereunder. In the administration of | ||||||
12 | and compliance with this Section, the
Department and persons | ||||||
13 | who are subject to this Section shall have the same
rights, | ||||||
14 | remedies, privileges, immunities, powers and duties, and be | ||||||
15 | subject
to the same conditions, restrictions, limitations, | ||||||
16 | penalties and
definitions of terms, and employ the same modes | ||||||
17 | of procedure, as are
prescribed in the Hotel Operators' | ||||||
18 | Occupation Tax Act and the Uniform
Penalty and Interest Act, as | ||||||
19 | fully as if the provisions contained in those
Acts were set | ||||||
20 | forth herein.
| ||||||
21 | Whenever the Department determines that a refund should be | ||||||
22 | made under this
Section to a claimant instead of issuing a | ||||||
23 | credit memorandum, the Department
shall notify the State | ||||||
24 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
25 | amount specified, and to the person named, in the notification | ||||||
26 | from
the Department. The refund shall be paid by the State |
| |||||||
| |||||||
1 | Treasurer out of the
Illinois tourism tax fund.
| ||||||
2 | Persons subject to any tax imposed under authority granted | ||||||
3 | by this
Section may reimburse themselves for their tax | ||||||
4 | liability for that tax by
separately stating the tax as an | ||||||
5 | additional charge, which charge may be
stated in combination, | ||||||
6 | in a single amount, with State tax imposed under the
Hotel | ||||||
7 | Operators' Occupation Tax Act.
| ||||||
8 | The Department shall forthwith pay over to the State | ||||||
9 | Treasurer,
ex-officio, as trustee, all taxes and penalties | ||||||
10 | collected hereunder. On or
before the 25th day of each calendar | ||||||
11 | month, the Department shall prepare
and certify to the | ||||||
12 | Comptroller the disbursement of stated sums of money to
named | ||||||
13 | municipalities from which lessors have paid taxes or penalties
| ||||||
14 | hereunder to the Department during the second preceding | ||||||
15 | calendar month. The
amount to be paid to each municipality | ||||||
16 | shall be the amount (not including
credit memoranda) collected | ||||||
17 | hereunder during the second preceding calendar
month by the | ||||||
18 | Department, and not including an amount equal to the amount of
| ||||||
19 | refunds made during the second preceding calendar month by the | ||||||
20 | Department
on behalf of the municipality, less 4% of the | ||||||
21 | balance, which sum shall be
retained by the State Treasurer to | ||||||
22 | cover the costs incurred by the
Department in administering and | ||||||
23 | enforcing the provisions of this Section,
as provided herein. | ||||||
24 | The Department, at the time of each monthly
disbursement to the | ||||||
25 | municipalities, shall prepare and certify to the
Comptroller | ||||||
26 | the amount so retained by the State Treasurer, which
shall be |
| |||||||
| |||||||
1 | paid into the General Revenue Fund of the State Treasury.
| ||||||
2 | Within 10 days after receipt by the Comptroller of the | ||||||
3 | disbursement
certification to the municipalities and the | ||||||
4 | General Revenue Fund provided
for in this Section to be given | ||||||
5 | to the Comptroller by the Department, the
Comptroller shall | ||||||
6 | cause the warrants to be drawn for the respective amounts
in | ||||||
7 | accordance with the directions contained in the certification.
| ||||||
8 | Nothing in this Section shall be construed to authorize a | ||||||
9 | municipality
to impose a tax upon the privilege of engaging in | ||||||
10 | any business that,
under the Constitution of the United States, | ||||||
11 | may not be made
the subject of taxation by this State.
| ||||||
12 | An ordinance or resolution imposing a tax hereunder or | ||||||
13 | effecting a change
in the rate thereof shall be effective on | ||||||
14 | the first day of the calendar
month next following the | ||||||
15 | expiration of the publication period provided in
Section 1-2-4 | ||||||
16 | in respect to municipalities governed by that Section.
| ||||||
17 | The corporate authorities of any municipality that levies a | ||||||
18 | tax
authorized by this Section shall transmit to the Department | ||||||
19 | of Revenue on
or not later than 5 days after the effective date | ||||||
20 | of the ordinance or
resolution a certified copy of the | ||||||
21 | ordinance or resolution imposing the
tax; whereupon, the | ||||||
22 | Department of Revenue shall proceed to administer and
enforce | ||||||
23 | this Section on behalf of the municipality as of the effective | ||||||
24 | date
of the ordinance or resolution. Upon a change in rate of a | ||||||
25 | tax levied
hereunder, or upon the discontinuance of the tax, | ||||||
26 | the corporate authorities
of the municipality shall, on or not |
| |||||||
| |||||||
1 | later than 5 days after the effective
date of the ordinance or | ||||||
2 | resolution discontinuing the tax or effecting a
change in rate, | ||||||
3 | transmit to the Department of Revenue a certified copy of
the | ||||||
4 | ordinance or resolution effecting the change or | ||||||
5 | discontinuance. The
amounts disbursed to any municipality | ||||||
6 | under this Section shall be expended
by the municipality solely | ||||||
7 | to promote tourism, conventions and other
special events within | ||||||
8 | that municipality or otherwise to attract
nonresidents to visit | ||||||
9 | the municipality.
| ||||||
10 | Any municipality receiving and disbursing money under this | ||||||
11 | Section shall
report on or before the first Monday in January | ||||||
12 | of each year to the
Advisory Committee of the Illinois Tourism | ||||||
13 | Promotion Fund, created by
Section 12 of the Illinois Promotion | ||||||
14 | Act. The reports shall specify the
purposes for which the | ||||||
15 | disbursements were made and shall contain detailed
amounts of | ||||||
16 | all receipts and disbursements under this Section.
| ||||||
17 | This Section may be cited as the Tourism, Conventions and | ||||||
18 | Other Special
Events Promotion Act of 1967.
| ||||||
19 | (Source: P.A. 87-205; 87-733; 87-895 .)
| ||||||
20 | (65 ILCS 5/8-3-14) (from Ch. 24, par. 8-3-14)
| ||||||
21 | Sec. 8-3-14. Municipal hotel operators' occupation tax. | ||||||
22 | The corporate authorities of any municipality may impose a
tax | ||||||
23 | upon all persons engaged in such municipality in the business | ||||||
24 | of
renting, leasing or letting rooms in a hotel, as defined in | ||||||
25 | "The Hotel
Operators' Occupation Tax Act," at a rate not to |
| |||||||
| |||||||
1 | exceed 6% in the City of East Peoria and in the Village of | ||||||
2 | Morton and 5% in all other municipalities of the gross
rental | ||||||
3 | receipts from such renting, leasing or letting, excluding, | ||||||
4 | however,
from gross rental receipts, the proceeds of such | ||||||
5 | renting, leasing or
letting to permanent residents of that | ||||||
6 | hotel and proceeds from the tax
imposed under subsection (c) of | ||||||
7 | Section 13 of the Metropolitan Public Pier and
Exposition | ||||||
8 | Authority Act, and may provide for the administration and
| ||||||
9 | enforcement of the tax, and for the collection thereof from the | ||||||
10 | persons
subject to the tax, as the corporate authorities | ||||||
11 | determine to be necessary
or practicable for the effective | ||||||
12 | administration of the tax. The municipality may not impose a | ||||||
13 | tax under this Section if it imposes a tax under Section | ||||||
14 | 8-3-14a.
| ||||||
15 | Persons subject to any tax imposed pursuant to authority
| ||||||
16 | granted by this Section may reimburse themselves for their tax
| ||||||
17 | liability for such tax by separately stating such tax as an
| ||||||
18 | additional charge, which charge may be stated in combination,
| ||||||
19 | in a single amount, with State tax imposed under "The Hotel
| ||||||
20 | Operators' Occupation Tax Act".
| ||||||
21 | Nothing in this Section shall be construed to authorize a
| ||||||
22 | municipality to impose a tax upon the privilege of engaging in
| ||||||
23 | any business which under the constitution of the United States
| ||||||
24 | may not be made the subject of taxation by this State.
| ||||||
25 | The amounts collected by any municipality pursuant to this | ||||||
26 | Section shall
be expended by the municipality solely to promote |
| |||||||
| |||||||
1 | tourism and conventions
within that municipality or otherwise | ||||||
2 | to attract nonresident overnight
visitors to the municipality.
| ||||||
3 | No funds received pursuant to this Section shall be used to | ||||||
4 | advertise for
or otherwise promote new competition in the hotel | ||||||
5 | business.
| ||||||
6 | (Source: P.A. 95-967, eff. 9-23-08; 96-238, eff. 8-11-09.)
| ||||||
7 | (65 ILCS 5/8-3-14a) | ||||||
8 | Sec. 8-3-14a. Municipal hotel use tax. | ||||||
9 | (a) The corporate authorities of any municipality may | ||||||
10 | impose a
tax upon the privilege of renting or leasing rooms in | ||||||
11 | a hotel within the municipality at a rate not to exceed 5% of | ||||||
12 | the rental or lease payment. The corporate authorities may | ||||||
13 | provide for the administration and
enforcement of the tax and | ||||||
14 | for the collection thereof from the persons
subject to the tax, | ||||||
15 | as the corporate authorities determine to be necessary
or | ||||||
16 | practical for the effective administration of the tax. | ||||||
17 | (b) Each hotel in the municipality shall collect the tax | ||||||
18 | from the person making the rental or lease payment at the time | ||||||
19 | that the payment is tendered to the hotel. The hotel shall, as | ||||||
20 | trustee, remit the tax to the municipality. | ||||||
21 | (c) The tax authorized under this Section does not apply to | ||||||
22 | any rental or lease payment by a permanent resident of that | ||||||
23 | hotel or to any payment made to any hotel that is subject to | ||||||
24 | the tax
imposed under subsection (c) of Section 13 of the | ||||||
25 | Metropolitan Public Pier and
Exposition Authority Act. A |
| |||||||
| |||||||
1 | municipality may not impose a tax under this Section if it | ||||||
2 | imposes a tax under Section 8-3-14. Nothing in this Section may | ||||||
3 | be construed to authorize a
municipality to impose a tax upon | ||||||
4 | the privilege of engaging in
any business that under the | ||||||
5 | Constitution of the United States
may not be made the subject | ||||||
6 | of taxation by this State. | ||||||
7 | (d) The moneys collected by a municipality under this | ||||||
8 | Section may
be expended solely to promote tourism and | ||||||
9 | conventions
within that municipality or otherwise to attract | ||||||
10 | nonresident overnight
visitors to the municipality. No moneys | ||||||
11 | received under this Section may be used to advertise for
or | ||||||
12 | otherwise promote new competition in the hotel business. | ||||||
13 | (e) As used in this Section, "hotel" has the meaning set | ||||||
14 | forth in Section 2 of the Hotel
Operators' Occupation Tax Act.
| ||||||
15 | (Source: P.A. 96-238, eff. 8-11-09.)
| ||||||
16 | (65 ILCS 5/11-74.3-6) | ||||||
17 | Sec. 11-74.3-6. Business district revenue and obligations; | ||||||
18 | business district tax allocation fund. | ||||||
19 | (a) If the corporate authorities of a municipality have | ||||||
20 | approved a business district plan, have designated a business | ||||||
21 | district, and have elected to impose a tax by ordinance | ||||||
22 | pursuant to subsection (10) or (11) of Section 11-74.3-3, then | ||||||
23 | each year after the date of the approval of the ordinance but | ||||||
24 | terminating upon the date all business district project costs | ||||||
25 | and all obligations paying or reimbursing business district |
| |||||||
| |||||||
1 | project costs, if any, have been paid, but in no event later | ||||||
2 | than the dissolution date, all amounts generated by the | ||||||
3 | retailers' occupation tax and service occupation tax shall be | ||||||
4 | collected and the tax shall be enforced by the Department of | ||||||
5 | Revenue in the same manner as all retailers' occupation taxes | ||||||
6 | and service occupation taxes imposed in the municipality | ||||||
7 | imposing the tax and all amounts generated by the hotel | ||||||
8 | operators' occupation tax shall be collected and the tax shall | ||||||
9 | be enforced by the municipality in the same manner as all hotel | ||||||
10 | operators' occupation taxes imposed in the municipality | ||||||
11 | imposing the tax. The corporate authorities of the municipality | ||||||
12 | shall deposit the proceeds of the taxes imposed under | ||||||
13 | subsections (10) and (11) of Section 11-74.3-3 into a special | ||||||
14 | fund of the municipality called the "[Name of] Business | ||||||
15 | District Tax Allocation Fund" for the purpose of paying or | ||||||
16 | reimbursing business district project costs and obligations | ||||||
17 | incurred in the payment of those costs. | ||||||
18 | (b) The corporate authorities of a municipality that has | ||||||
19 | designated a business district under this Law may, by | ||||||
20 | ordinance, impose a Business District Retailers' Occupation | ||||||
21 | Tax upon all persons engaged in the business of selling | ||||||
22 | tangible personal property, other than an item of tangible | ||||||
23 | personal property titled or registered with an agency of this | ||||||
24 | State's government, at retail in the business district at a | ||||||
25 | rate not to exceed 1% of the gross receipts from the sales made | ||||||
26 | in the course of such business, to be imposed only in 0.25% |
| |||||||
| |||||||
1 | increments. The tax may not be imposed on tangible personal | ||||||
2 | property taxed at the rate of 1% under the Retailers' | ||||||
3 | Occupation Tax Act. | ||||||
4 | The tax imposed under this subsection and all civil | ||||||
5 | penalties that may be assessed as an incident thereof shall be | ||||||
6 | collected and enforced by the Department of Revenue. The | ||||||
7 | certificate of registration that is issued by the Department to | ||||||
8 | a retailer under the Retailers' Occupation Tax Act shall permit | ||||||
9 | the retailer to engage in a business that is taxable under any | ||||||
10 | ordinance or resolution enacted pursuant to this subsection | ||||||
11 | without registering separately with the Department under such | ||||||
12 | ordinance or resolution or under this subsection. The | ||||||
13 | Department of Revenue shall have full power to administer and | ||||||
14 | enforce this subsection; to collect all taxes and penalties due | ||||||
15 | under this subsection in the manner hereinafter provided; and | ||||||
16 | to determine all rights to credit memoranda arising on account | ||||||
17 | of the erroneous payment of tax or penalty under this | ||||||
18 | subsection. In the administration of, and compliance with, this | ||||||
19 | subsection, the Department and persons who are subject to this | ||||||
20 | subsection shall have the same rights, remedies, privileges, | ||||||
21 | immunities, powers and duties, and be subject to the same | ||||||
22 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
23 | exemptions, and definitions of terms and employ the same modes | ||||||
24 | of procedure, as are prescribed in Sections 1, 1a through 1o, 2 | ||||||
25 | through 2-65 (in respect to all provisions therein other than | ||||||
26 | the State rate of tax), 2c through 2h, 3 (except as to the |
| |||||||
| |||||||
1 | disposition of taxes and penalties collected), 4, 5, 5a, 5c, | ||||||
2 | 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, | ||||||
3 | 12, 13, and 14 of the Retailers' Occupation Tax Act and all | ||||||
4 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
5 | if those provisions were set forth herein. | ||||||
6 | Persons subject to any tax imposed under this subsection | ||||||
7 | may reimburse themselves for their seller's tax liability under | ||||||
8 | this subsection by separately stating the tax as an additional | ||||||
9 | charge, which charge may be stated in combination, in a single | ||||||
10 | amount, with State taxes that sellers are required to collect | ||||||
11 | under the Use Tax Act, in accordance with such bracket | ||||||
12 | schedules as the Department may prescribe. | ||||||
13 | Whenever the Department determines that a refund should be | ||||||
14 | made under this subsection to a claimant instead of issuing a | ||||||
15 | credit memorandum, the Department shall notify the State | ||||||
16 | Comptroller, who shall cause the order to be drawn for the | ||||||
17 | amount specified and to the person named in the notification | ||||||
18 | from the Department. The refund shall be paid by the State | ||||||
19 | Treasurer out of the business district retailers' occupation | ||||||
20 | tax fund. | ||||||
21 | The Department shall immediately pay over to the State | ||||||
22 | Treasurer, ex officio, as trustee, all taxes, penalties, and | ||||||
23 | interest collected under this subsection for deposit into the | ||||||
24 | business district retailers' occupation tax fund. | ||||||
25 | As soon as possible after the first day of each month, | ||||||
26 | beginning January 1, 2011, upon certification of the Department |
| |||||||
| |||||||
1 | of Revenue, the Comptroller shall order transferred, and the | ||||||
2 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
3 | local sales tax increment, as defined in the Innovation | ||||||
4 | Development and Economy Act, collected under this subsection | ||||||
5 | during the second preceding calendar month for sales within a | ||||||
6 | STAR bond district. | ||||||
7 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
8 | on or before the 25th day of each calendar month, the | ||||||
9 | Department shall prepare and certify to the Comptroller the | ||||||
10 | disbursement of stated sums of money to named municipalities | ||||||
11 | from the business district retailers' occupation tax fund, the | ||||||
12 | municipalities to be those from which retailers have paid taxes | ||||||
13 | or penalties under this subsection to the Department during the | ||||||
14 | second preceding calendar month. The amount to be paid to each | ||||||
15 | municipality shall be the amount (not including credit | ||||||
16 | memoranda) collected under this subsection during the second | ||||||
17 | preceding calendar month by the Department plus an amount the | ||||||
18 | Department determines is necessary to offset any amounts that | ||||||
19 | were erroneously paid to a different taxing body, and not | ||||||
20 | including an amount equal to the amount of refunds made during | ||||||
21 | the second preceding calendar month by the Department, less 2% | ||||||
22 | of that amount, which shall be deposited into the Tax | ||||||
23 | Compliance and Administration Fund and shall be used by the | ||||||
24 | Department, subject to appropriation, to cover the costs of the | ||||||
25 | Department in administering and enforcing the provisions of | ||||||
26 | this subsection, on behalf of such municipality, and not |
| |||||||
| |||||||
1 | including any amount that the Department determines is | ||||||
2 | necessary to offset any amounts that were payable to a | ||||||
3 | different taxing body but were erroneously paid to the | ||||||
4 | municipality, and not including any amounts that are | ||||||
5 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
6 | after receipt by the Comptroller of the disbursement | ||||||
7 | certification to the municipalities provided for in this | ||||||
8 | subsection to be given to the Comptroller by the Department, | ||||||
9 | the Comptroller shall cause the orders to be drawn for the | ||||||
10 | respective amounts in accordance with the directions contained | ||||||
11 | in the certification. The proceeds of the tax paid to | ||||||
12 | municipalities under this subsection shall be deposited into | ||||||
13 | the Business District Tax Allocation Fund by the municipality.
| ||||||
14 | An ordinance imposing or discontinuing the tax under this | ||||||
15 | subsection or effecting a change in the rate thereof shall | ||||||
16 | either (i) be adopted and a certified copy thereof filed with | ||||||
17 | the Department on or before the first day of April, whereupon | ||||||
18 | the Department, if all other requirements of this subsection | ||||||
19 | are met, shall proceed to administer and enforce this | ||||||
20 | subsection as of the first day of July next following the | ||||||
21 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
22 | thereof filed with the Department on or before the first day of | ||||||
23 | October, whereupon, if all other requirements of this | ||||||
24 | subsection are met, the Department shall proceed to administer | ||||||
25 | and enforce this subsection as of the first day of January next | ||||||
26 | following the adoption and filing. |
| |||||||
| |||||||
1 | The Department of Revenue shall not administer or enforce | ||||||
2 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
3 | the tax under this subsection, until the municipality also | ||||||
4 | provides, in the manner prescribed by the Department, the | ||||||
5 | boundaries of the business district and each address in the | ||||||
6 | business district in such a way that the Department can | ||||||
7 | determine by its address whether a business is located in the | ||||||
8 | business district. The municipality must provide this boundary | ||||||
9 | and address information to the Department on or before April 1 | ||||||
10 | for administration and enforcement of the tax under this | ||||||
11 | subsection by the Department beginning on the following July 1 | ||||||
12 | and on or before October 1 for administration and enforcement | ||||||
13 | of the tax under this subsection by the Department beginning on | ||||||
14 | the following January 1. The Department of Revenue shall not | ||||||
15 | administer or enforce any change made to the boundaries of a | ||||||
16 | business district or address change, addition, or deletion | ||||||
17 | until the municipality reports the boundary change or address | ||||||
18 | change, addition, or deletion to the Department in the manner | ||||||
19 | prescribed by the Department. The municipality must provide | ||||||
20 | this boundary change information or address change, addition, | ||||||
21 | or deletion to the Department on or before April 1 for | ||||||
22 | administration and enforcement by the Department of the change | ||||||
23 | beginning on the following July 1 and on or before October 1 | ||||||
24 | for administration and enforcement by the Department of the | ||||||
25 | change beginning on the following January 1. The retailers in | ||||||
26 | the business district shall be responsible for charging the tax |
| |||||||
| |||||||
1 | imposed under this subsection. If a retailer is incorrectly | ||||||
2 | included or excluded from the list of those required to collect | ||||||
3 | the tax under this subsection, both the Department of Revenue | ||||||
4 | and the retailer shall be held harmless if they reasonably | ||||||
5 | relied on information provided by the municipality. | ||||||
6 | A municipality that imposes the tax under this subsection | ||||||
7 | must submit to the Department of Revenue any other information | ||||||
8 | as the Department may require for the administration and | ||||||
9 | enforcement of the tax.
| ||||||
10 | When certifying the amount of a monthly disbursement to a | ||||||
11 | municipality under this subsection, the Department shall | ||||||
12 | increase or decrease the amount by an amount necessary to | ||||||
13 | offset any misallocation of previous disbursements. The offset | ||||||
14 | amount shall be the amount erroneously disbursed within the | ||||||
15 | previous 6 months from the time a misallocation is discovered. | ||||||
16 | Nothing in this subsection shall be construed to authorize | ||||||
17 | the municipality to impose a tax upon the privilege of engaging | ||||||
18 | in any business which under the Constitution of the United | ||||||
19 | States may not be made the subject of taxation by this State. | ||||||
20 | If a tax is imposed under this subsection (b), a tax shall | ||||||
21 | also be imposed under subsection (c) of this Section. | ||||||
22 | (c) If a tax has been imposed under subsection (b), a | ||||||
23 | Business District Service Occupation Tax shall also be imposed | ||||||
24 | upon all persons engaged, in the business district, in the | ||||||
25 | business of making sales of service, who, as an incident to | ||||||
26 | making those sales of service, transfer tangible personal |
| |||||||
| |||||||
1 | property within the business district, either in the form of | ||||||
2 | tangible personal property or in the form of real estate as an | ||||||
3 | incident to a sale of service. The tax shall be imposed at the | ||||||
4 | same rate as the tax imposed in subsection (b) and shall not | ||||||
5 | exceed 1% of the selling price of tangible personal property so | ||||||
6 | transferred within the business district, to be imposed only in | ||||||
7 | 0.25% increments. The tax may not be imposed on tangible | ||||||
8 | personal property taxed at the 1% rate under the Service | ||||||
9 | Occupation Tax Act. | ||||||
10 | The tax imposed under this subsection and all civil | ||||||
11 | penalties that may be assessed as an incident thereof shall be | ||||||
12 | collected and enforced by the Department of Revenue. The | ||||||
13 | certificate of registration which is issued by the Department | ||||||
14 | to a retailer under the Retailers' Occupation Tax Act or under | ||||||
15 | the Service Occupation Tax Act shall permit such registrant to | ||||||
16 | engage in a business which is taxable under any ordinance or | ||||||
17 | resolution enacted pursuant to this subsection without | ||||||
18 | registering separately with the Department under such | ||||||
19 | ordinance or resolution or under this subsection. The | ||||||
20 | Department of Revenue shall have full power to administer and | ||||||
21 | enforce this subsection; to collect all taxes and penalties due | ||||||
22 | under this subsection; to dispose of taxes and penalties so | ||||||
23 | collected in the manner hereinafter provided; and to determine | ||||||
24 | all rights to credit memoranda arising on account of the | ||||||
25 | erroneous payment of tax or penalty under this subsection. In | ||||||
26 | the administration of, and compliance with this subsection, the |
| |||||||
| |||||||
1 | Department and persons who are subject to this subsection shall | ||||||
2 | have the same rights, remedies, privileges, immunities, powers | ||||||
3 | and duties, and be subject to the same conditions, | ||||||
4 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
5 | and definitions of terms and employ the same modes of procedure | ||||||
6 | as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 | ||||||
7 | (in respect to all provisions therein other than the State rate | ||||||
8 | of tax), 4 (except that the reference to the State shall be to | ||||||
9 | the business district), 5, 7, 8 (except that the jurisdiction | ||||||
10 | to which the tax shall be a debt to the extent indicated in | ||||||
11 | that Section 8 shall be the municipality), 9 (except as to the | ||||||
12 | disposition of taxes and penalties collected, and except that | ||||||
13 | the returned merchandise credit for this tax may not be taken | ||||||
14 | against any State tax), 10, 11, 12 (except the reference | ||||||
15 | therein to Section 2b of the Retailers' Occupation Tax Act), 13 | ||||||
16 | (except that any reference to the State shall mean the | ||||||
17 | municipality), the first paragraph of Section 15, and Sections | ||||||
18 | 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all | ||||||
19 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
20 | if those provisions were set forth herein. | ||||||
21 | Persons subject to any tax imposed under the authority | ||||||
22 | granted in this subsection may reimburse themselves for their | ||||||
23 | serviceman's tax liability hereunder by separately stating the | ||||||
24 | tax as an additional charge, which charge may be stated in | ||||||
25 | combination, in a single amount, with State tax that servicemen | ||||||
26 | are authorized to collect under the Service Use Tax Act, in |
| |||||||
| |||||||
1 | accordance with such bracket schedules as the Department may | ||||||
2 | prescribe. | ||||||
3 | Whenever the Department determines that a refund should be | ||||||
4 | made under this subsection to a claimant instead of issuing | ||||||
5 | credit memorandum, the Department shall notify the State | ||||||
6 | Comptroller, who shall cause the order to be drawn for the | ||||||
7 | amount specified, and to the person named, in such notification | ||||||
8 | from the Department. Such refund shall be paid by the State | ||||||
9 | Treasurer out of the business district retailers' occupation | ||||||
10 | tax fund. | ||||||
11 | The Department shall forthwith pay over to the State | ||||||
12 | Treasurer, ex-officio, as trustee, all taxes, penalties, and | ||||||
13 | interest collected under this subsection for deposit into the | ||||||
14 | business district retailers' occupation tax fund. | ||||||
15 | As soon as possible after the first day of each month, | ||||||
16 | beginning January 1, 2011, upon certification of the Department | ||||||
17 | of Revenue, the Comptroller shall order transferred, and the | ||||||
18 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
19 | local sales tax increment, as defined in the Innovation | ||||||
20 | Development and Economy Act, collected under this subsection | ||||||
21 | during the second preceding calendar month for sales within a | ||||||
22 | STAR bond district. | ||||||
23 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
24 | on or before the 25th day of each calendar month, the | ||||||
25 | Department shall prepare and certify to the Comptroller the | ||||||
26 | disbursement of stated sums of money to named municipalities |
| |||||||
| |||||||
1 | from the business district retailers' occupation tax fund, the | ||||||
2 | municipalities to be those from which suppliers and servicemen | ||||||
3 | have paid taxes or penalties under this subsection to the | ||||||
4 | Department during the second preceding calendar month. The | ||||||
5 | amount to be paid to each municipality shall be the amount (not | ||||||
6 | including credit memoranda) collected under this subsection | ||||||
7 | during the second preceding calendar month by the Department, | ||||||
8 | less 2% of that amount, which shall be deposited into the Tax | ||||||
9 | Compliance and Administration Fund and shall be used by the | ||||||
10 | Department, subject to appropriation, to cover the costs of the | ||||||
11 | Department in administering and enforcing the provisions of | ||||||
12 | this subsection, and not including an amount equal to the | ||||||
13 | amount of refunds made during the second preceding calendar | ||||||
14 | month by the Department on behalf of such municipality, and not | ||||||
15 | including any amounts that are transferred to the STAR Bonds | ||||||
16 | Revenue Fund. Within 10 days after receipt, by the Comptroller, | ||||||
17 | of the disbursement certification to the municipalities, | ||||||
18 | provided for in this subsection to be given to the Comptroller | ||||||
19 | by the Department, the Comptroller shall cause the orders to be | ||||||
20 | drawn for the respective amounts in accordance with the | ||||||
21 | directions contained in such certification. The proceeds of the | ||||||
22 | tax paid to municipalities under this subsection shall be | ||||||
23 | deposited into the Business District Tax Allocation Fund by the | ||||||
24 | municipality. | ||||||
25 | An ordinance imposing or discontinuing the tax under this | ||||||
26 | subsection or effecting a change in the rate thereof shall |
| |||||||
| |||||||
1 | either (i) be adopted and a certified copy thereof filed with | ||||||
2 | the Department on or before the first day of April, whereupon | ||||||
3 | the Department, if all other requirements of this subsection | ||||||
4 | are met, shall proceed to administer and enforce this | ||||||
5 | subsection as of the first day of July next following the | ||||||
6 | adoption and filing; or (ii) be adopted and a certified copy | ||||||
7 | thereof filed with the Department on or before the first day of | ||||||
8 | October, whereupon, if all other conditions of this subsection | ||||||
9 | are met, the Department shall proceed to administer and enforce | ||||||
10 | this subsection as of the first day of January next following | ||||||
11 | the adoption and filing. | ||||||
12 | The Department of Revenue shall not administer or enforce | ||||||
13 | an ordinance imposing, discontinuing, or changing the rate of | ||||||
14 | the tax under this subsection, until the municipality also | ||||||
15 | provides, in the manner prescribed by the Department, the | ||||||
16 | boundaries of the business district in such a way that the | ||||||
17 | Department can determine by its address whether a business is | ||||||
18 | located in the business district. The municipality must provide | ||||||
19 | this boundary and address information to the Department on or | ||||||
20 | before April 1 for administration and enforcement of the tax | ||||||
21 | under this subsection by the Department beginning on the | ||||||
22 | following July 1 and on or before October 1 for administration | ||||||
23 | and enforcement of the tax under this subsection by the | ||||||
24 | Department beginning on the following January 1. The Department | ||||||
25 | of Revenue shall not administer or enforce any change made to | ||||||
26 | the boundaries of a business district or address change, |
| |||||||
| |||||||
1 | addition, or deletion until the municipality reports the | ||||||
2 | boundary change or address change, addition, or deletion to the | ||||||
3 | Department in the manner prescribed by the Department. The | ||||||
4 | municipality must provide this boundary change information or | ||||||
5 | address change, addition, or deletion to the Department on or | ||||||
6 | before April 1 for administration and enforcement by the | ||||||
7 | Department of the change beginning on the following July 1 and | ||||||
8 | on or before October 1 for administration and enforcement by | ||||||
9 | the Department of the change beginning on the following January | ||||||
10 | 1. The retailers in the business district shall be responsible | ||||||
11 | for charging the tax imposed under this subsection. If a | ||||||
12 | retailer is incorrectly included or excluded from the list of | ||||||
13 | those required to collect the tax under this subsection, both | ||||||
14 | the Department of Revenue and the retailer shall be held | ||||||
15 | harmless if they reasonably relied on information provided by | ||||||
16 | the municipality. | ||||||
17 | A municipality that imposes the tax under this subsection | ||||||
18 | must submit to the Department of Revenue any other information | ||||||
19 | as the Department may require for the administration and | ||||||
20 | enforcement of the tax.
| ||||||
21 | Nothing in this subsection shall be construed to authorize | ||||||
22 | the municipality to impose a tax upon the privilege of engaging | ||||||
23 | in any business which under the Constitution of the United | ||||||
24 | States may not be made the subject of taxation by the State. | ||||||
25 | If a tax is imposed under this subsection (c), a tax shall | ||||||
26 | also be imposed under subsection (b) of this Section. |
| |||||||
| |||||||
1 | (d) By ordinance, a municipality that has designated a | ||||||
2 | business district under this Law may impose an occupation tax | ||||||
3 | upon all persons engaged in the business district in the | ||||||
4 | business of renting, leasing, or letting rooms in a hotel, as | ||||||
5 | defined in the Hotel Operators' Occupation Tax Act, at a rate | ||||||
6 | not to exceed 1% of the gross rental receipts from the renting, | ||||||
7 | leasing, or letting of hotel rooms within the business | ||||||
8 | district, to be imposed only in 0.25% increments, excluding, | ||||||
9 | however, from gross rental receipts the proceeds of renting, | ||||||
10 | leasing, or letting to permanent residents of a hotel, as | ||||||
11 | defined in the Hotel Operators' Occupation Tax Act, and | ||||||
12 | proceeds from the tax imposed under subsection (c) of Section | ||||||
13 | 13 of the Metropolitan Public Pier and Exposition Authority | ||||||
14 | Act. | ||||||
15 | The tax imposed by the municipality under this subsection | ||||||
16 | and all civil penalties that may be assessed as an incident to | ||||||
17 | that tax shall be collected and enforced by the municipality | ||||||
18 | imposing the tax. The municipality shall have full power to | ||||||
19 | administer and enforce this subsection, to collect all taxes | ||||||
20 | and penalties due under this subsection, to dispose of taxes | ||||||
21 | and penalties so collected in the manner provided in this | ||||||
22 | subsection, and to determine all rights to credit memoranda | ||||||
23 | arising on account of the erroneous payment of tax or penalty | ||||||
24 | under this subsection. In the administration of and compliance | ||||||
25 | with this subsection, the municipality and persons who are | ||||||
26 | subject to this subsection shall have the same rights, |
| |||||||
| |||||||
1 | remedies, privileges, immunities, powers, and duties, shall be | ||||||
2 | subject to the same conditions, restrictions, limitations, | ||||||
3 | penalties, and definitions of terms, and shall employ the same | ||||||
4 | modes of procedure as are employed with respect to a tax | ||||||
5 | adopted by the municipality under Section 8-3-14 of this Code. | ||||||
6 | Persons subject to any tax imposed under the authority | ||||||
7 | granted in this subsection may reimburse themselves for their | ||||||
8 | tax liability for that tax by separately stating that tax as an | ||||||
9 | additional charge, which charge may be stated in combination, | ||||||
10 | in a single amount, with State taxes imposed under the Hotel | ||||||
11 | Operators' Occupation Tax Act, and with any other tax. | ||||||
12 | Nothing in this subsection shall be construed to authorize | ||||||
13 | a municipality to impose a tax upon the privilege of engaging | ||||||
14 | in any business which under the Constitution of the United | ||||||
15 | States may not be made the subject of taxation by this State. | ||||||
16 | The proceeds of the tax imposed under this subsection shall | ||||||
17 | be deposited into the Business District Tax Allocation Fund.
| ||||||
18 | (e) Obligations secured by the Business District Tax | ||||||
19 | Allocation Fund may be issued to provide for the payment or | ||||||
20 | reimbursement of business district project costs. Those | ||||||
21 | obligations, when so issued, shall be retired in the manner | ||||||
22 | provided in the ordinance authorizing the issuance of those | ||||||
23 | obligations by the receipts of taxes imposed pursuant to | ||||||
24 | subsections (10) and (11) of Section 11-74.3-3 and by other | ||||||
25 | revenue designated or pledged by the municipality. A | ||||||
26 | municipality may in the ordinance pledge, for any period of |
| |||||||
| |||||||
1 | time up to and including the dissolution date, all or any part | ||||||
2 | of the funds in and to be deposited in the Business District | ||||||
3 | Tax Allocation Fund to the payment of business district project | ||||||
4 | costs and obligations. Whenever a municipality pledges all of | ||||||
5 | the funds to the credit of a business district tax allocation | ||||||
6 | fund to secure obligations issued or to be issued to pay or | ||||||
7 | reimburse business district project costs, the municipality | ||||||
8 | may specifically provide that funds remaining to the credit of | ||||||
9 | such business district tax allocation fund after the payment of | ||||||
10 | such obligations shall be accounted for annually and shall be | ||||||
11 | deemed to be "surplus" funds, and such "surplus" funds shall be | ||||||
12 | expended by the municipality for any business district project | ||||||
13 | cost as approved in the business district plan. Whenever a | ||||||
14 | municipality pledges less than all of the monies to the credit | ||||||
15 | of a business district tax allocation fund to secure | ||||||
16 | obligations issued or to be issued to pay or reimburse business | ||||||
17 | district project costs, the municipality shall provide that | ||||||
18 | monies to the credit of the business district tax allocation | ||||||
19 | fund and not subject to such pledge or otherwise encumbered or | ||||||
20 | required for payment of contractual obligations for specific | ||||||
21 | business district project costs shall be calculated annually | ||||||
22 | and shall be deemed to be "surplus" funds, and such "surplus" | ||||||
23 | funds shall be expended by the municipality for any business | ||||||
24 | district project cost as approved in the business district | ||||||
25 | plan. | ||||||
26 | No obligation issued pursuant to this Law and secured by a |
| |||||||
| |||||||
1 | pledge of all or any portion of any revenues received or to be | ||||||
2 | received by the municipality from the imposition of taxes | ||||||
3 | pursuant to subsection (10) of Section 11-74.3-3, shall be | ||||||
4 | deemed to constitute an economic incentive agreement under | ||||||
5 | Section 8-11-20, notwithstanding the fact that such pledge | ||||||
6 | provides for the sharing, rebate, or payment of retailers' | ||||||
7 | occupation taxes or service occupation taxes imposed pursuant | ||||||
8 | to subsection (10) of Section 11-74.3-3 and received or to be | ||||||
9 | received by the municipality from the development or | ||||||
10 | redevelopment of properties in the business district. | ||||||
11 | Without limiting the foregoing in this Section, the | ||||||
12 | municipality may further secure obligations secured by the | ||||||
13 | business district tax allocation fund with a pledge, for a | ||||||
14 | period not greater than the term of the obligations and in any | ||||||
15 | case not longer than the dissolution date, of any part or any | ||||||
16 | combination of the following: (i) net revenues of all or part | ||||||
17 | of any business district project; (ii) taxes levied or imposed | ||||||
18 | by the municipality on any or all property in the municipality, | ||||||
19 | including, specifically, taxes levied or imposed by the | ||||||
20 | municipality in a special service area pursuant to the Special | ||||||
21 | Service Area Tax Law; (iii) the full faith and credit of the | ||||||
22 | municipality; (iv) a mortgage on part or all of the business | ||||||
23 | district project; or (v) any other taxes or anticipated | ||||||
24 | receipts that the municipality may lawfully pledge. | ||||||
25 | Such obligations may be issued in one or more series, bear | ||||||
26 | such date or dates, become due at such time or times as therein |
| |||||||
| |||||||
1 | provided, but in any case not later than (i) 20 years after the | ||||||
2 | date of issue or (ii) the dissolution date, whichever is | ||||||
3 | earlier, bear interest payable at such intervals and at such | ||||||
4 | rate or rates as set forth therein, except as may be limited by | ||||||
5 | applicable law, which rate or rates may be fixed or variable, | ||||||
6 | be in such denominations, be in such form, either coupon, | ||||||
7 | registered, or book-entry, carry such conversion, registration | ||||||
8 | and exchange privileges, be subject to defeasance upon such | ||||||
9 | terms, have such rank or priority, be executed in such manner, | ||||||
10 | be payable in such medium or payment at such place or places | ||||||
11 | within or without the State, make provision for a corporate | ||||||
12 | trustee within or without the State with respect to such | ||||||
13 | obligations, prescribe the rights, powers, and duties thereof | ||||||
14 | to be exercised for the benefit of the municipality and the | ||||||
15 | benefit of the owners of such obligations, provide for the | ||||||
16 | holding in trust, investment, and use of moneys, funds, and | ||||||
17 | accounts held under an ordinance, provide for assignment of and | ||||||
18 | direct payment of the moneys to pay such obligations or to be | ||||||
19 | deposited into such funds or accounts directly to such trustee, | ||||||
20 | be subject to such terms of redemption with or without premium, | ||||||
21 | and be sold at such price, all as the corporate authorities | ||||||
22 | shall determine. No referendum approval of the electors shall | ||||||
23 | be required as a condition to the issuance of obligations | ||||||
24 | pursuant to this Law except as provided in this Section. | ||||||
25 | In the event the municipality authorizes the issuance of | ||||||
26 | obligations pursuant to the authority of this Law secured by |
| |||||||
| |||||||
1 | the full faith and credit of the municipality, or pledges ad | ||||||
2 | valorem taxes pursuant to this subsection, which obligations | ||||||
3 | are other than obligations which may be issued under home rule | ||||||
4 | powers provided by Section 6 of Article VII of the Illinois | ||||||
5 | Constitution or which ad valorem taxes are other than ad | ||||||
6 | valorem taxes which may be pledged under home rule powers | ||||||
7 | provided by Section 6 of Article VII of the Illinois | ||||||
8 | Constitution or which are levied in a special service area | ||||||
9 | pursuant to the Special Service Area Tax Law, the ordinance | ||||||
10 | authorizing the issuance of those obligations or pledging those | ||||||
11 | taxes shall be published within 10 days after the ordinance has | ||||||
12 | been adopted, in a newspaper having a general circulation | ||||||
13 | within the municipality. The publication of the ordinance shall | ||||||
14 | be accompanied by a notice of (i) the specific number of voters | ||||||
15 | required to sign a petition requesting the question of the | ||||||
16 | issuance of the obligations or pledging such ad valorem taxes | ||||||
17 | to be submitted to the electors; (ii) the time within which the | ||||||
18 | petition must be filed; and (iii) the date of the prospective | ||||||
19 | referendum. The municipal clerk shall provide a petition form | ||||||
20 | to any individual requesting one. | ||||||
21 | If no petition is filed with the municipal clerk, as | ||||||
22 | hereinafter provided in this Section, within 21 days after the | ||||||
23 | publication of the ordinance, the ordinance shall be in effect. | ||||||
24 | However, if within that 21-day period a petition is filed with | ||||||
25 | the municipal clerk, signed by electors numbering not less than | ||||||
26 | 15% of the number of electors voting for the mayor or president |
| |||||||
| |||||||
1 | at the last general municipal election, asking that the | ||||||
2 | question of issuing obligations using full faith and credit of | ||||||
3 | the municipality as security for the cost of paying or | ||||||
4 | reimbursing business district project costs, or of pledging | ||||||
5 | such ad valorem taxes for the payment of those obligations, or | ||||||
6 | both, be submitted to the electors of the municipality, the | ||||||
7 | municipality shall not be authorized to issue obligations of | ||||||
8 | the municipality using the full faith and credit of the | ||||||
9 | municipality as security or pledging such ad valorem taxes for | ||||||
10 | the payment of those obligations, or both, until the | ||||||
11 | proposition has been submitted to and approved by a majority of | ||||||
12 | the voters voting on the proposition at a regularly scheduled | ||||||
13 | election. The municipality shall certify the proposition to the | ||||||
14 | proper election authorities for submission in accordance with | ||||||
15 | the general election law. | ||||||
16 | The ordinance authorizing the obligations may provide that | ||||||
17 | the obligations shall contain a recital that they are issued | ||||||
18 | pursuant to this Law, which recital shall be conclusive | ||||||
19 | evidence of their validity and of the regularity of their | ||||||
20 | issuance. | ||||||
21 | In the event the municipality authorizes issuance of | ||||||
22 | obligations pursuant to this Law secured by the full faith and | ||||||
23 | credit of the municipality, the ordinance authorizing the | ||||||
24 | obligations may provide for the levy and collection of a direct | ||||||
25 | annual tax upon all taxable property within the municipality | ||||||
26 | sufficient to pay the principal thereof and interest thereon as |
| |||||||
| |||||||
1 | it matures, which levy may be in addition to and exclusive of | ||||||
2 | the maximum of all other taxes authorized to be levied by the | ||||||
3 | municipality, which levy, however, shall be abated to the | ||||||
4 | extent that monies from other sources are available for payment | ||||||
5 | of the obligations and the municipality certifies the amount of | ||||||
6 | those monies available to the county clerk. | ||||||
7 | A certified copy of the ordinance shall be filed with the | ||||||
8 | county clerk of each county in which any portion of the | ||||||
9 | municipality is situated, and shall constitute the authority | ||||||
10 | for the extension and collection of the taxes to be deposited | ||||||
11 | in the business district tax allocation fund. | ||||||
12 | A municipality may also issue its obligations to refund, in | ||||||
13 | whole or in part, obligations theretofore issued by the | ||||||
14 | municipality under the authority of this Law, whether at or | ||||||
15 | prior to maturity. However, the last maturity of the refunding | ||||||
16 | obligations shall not be expressed to mature later than the | ||||||
17 | dissolution date. | ||||||
18 | In the event a municipality issues obligations under home | ||||||
19 | rule powers or other legislative authority, the proceeds of | ||||||
20 | which are pledged to pay or reimburse business district project | ||||||
21 | costs, the municipality may, if it has followed the procedures | ||||||
22 | in conformance with this Law, retire those obligations from | ||||||
23 | funds in the business district tax allocation fund in amounts | ||||||
24 | and in such manner as if those obligations had been issued | ||||||
25 | pursuant to the provisions of this Law. | ||||||
26 | No obligations issued pursuant to this Law shall be |
| |||||||
| |||||||
1 | regarded as indebtedness of the municipality issuing those | ||||||
2 | obligations or any other taxing district for the purpose of any | ||||||
3 | limitation imposed by law. | ||||||
4 | Obligations issued pursuant to this Law shall not be | ||||||
5 | subject to the provisions of the Bond Authorization Act. | ||||||
6 | (f) When business district project costs, including, | ||||||
7 | without limitation, all obligations paying or reimbursing | ||||||
8 | business district project costs have been paid, any surplus | ||||||
9 | funds then remaining in the Business District Tax Allocation | ||||||
10 | Fund shall be distributed to the municipal treasurer for | ||||||
11 | deposit into the general corporate fund of the municipality. | ||||||
12 | Upon payment of all business district project costs and | ||||||
13 | retirement of all obligations paying or reimbursing business | ||||||
14 | district project costs, but in no event more than 23 years | ||||||
15 | after the date of adoption of the ordinance imposing taxes | ||||||
16 | pursuant to subsection (10) or (11) of Section 11-74.3-3, the | ||||||
17 | municipality shall adopt an ordinance immediately rescinding | ||||||
18 | the taxes imposed pursuant to subsection (10) or (11) of | ||||||
19 | Section 11-74.3-3.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15; 100-1171, eff. 1-4-19.)
| ||||||
21 | Section 65. The Metropolitan Pier and Exposition Authority | ||||||
22 | Act is amended by changing Sections 1, 2, 3, 5, 5.4, 13, 13.1, | ||||||
23 | 13.2, 14, 23.1, 24, 25.1, and 25.4 and by adding Section 10.3 | ||||||
24 | as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 210/1) (from Ch. 85, par. 1221)
| ||||||
2 | Sec. 1.
This Act shall be known and may be cited as the | ||||||
3 | Metropolitan Public Pier and Exposition Authority Act.
| ||||||
4 | (Source: P.A. 86-17.)
| ||||||
5 | (70 ILCS 210/2) (from Ch. 85, par. 1222) | ||||||
6 | Sec. 2. When used in this Act: | ||||||
7 | "Authority" means Metropolitan Public Pier and Exposition | ||||||
8 | Authority. | ||||||
9 | "Governmental agency" means the Federal government, State
| ||||||
10 | government, and any unit of local government, and any agency
or | ||||||
11 | instrumentality, corporate or otherwise, thereof. | ||||||
12 | "Person" means any individual, firm, partnership, | ||||||
13 | corporation, both
domestic and foreign, company, association | ||||||
14 | or joint stock association; and
includes any trustee, receiver, | ||||||
15 | assignee or personal representative
thereof. | ||||||
16 | "Board" means the governing body of the Metropolitan
Public | ||||||
17 | Pier and Exposition Authority or the Trustee. "Board" does | ||||||
18 | include the interim board. | ||||||
19 | "Commercial service airports" means those airports | ||||||
20 | receiving scheduled passenger service and enplaning more than | ||||||
21 | 100,000 passengers per year. | ||||||
22 | "Governor" means the Governor of the State of Illinois. | ||||||
23 | "Mayor" means the Mayor of the City of Chicago. | ||||||
24 | "McCormick Square campus" means all buildings and | ||||||
25 | facilities owned by the Authority, except Navy Pier, and |
| |||||||
| |||||||
1 | includes any other portion of the metropolitan area bounded by | ||||||
2 | 21st Street to the north, Michigan Avenue to the west, the | ||||||
3 | Adlai E. Stevenson Expressway to the south, and Lake Michigan | ||||||
4 | to the east. | ||||||
5 | "Metropolitan area" means all that territory in the State | ||||||
6 | of Illinois
lying within the corporate boundaries of the County | ||||||
7 | of
Cook. | ||||||
8 | "Navy Pier" means the real property, structures, | ||||||
9 | facilities and
improvements located in the City of Chicago | ||||||
10 | commonly known as Navy Pier, as
well as property adjacent or | ||||||
11 | appurtenant thereto which may be necessary or
convenient for | ||||||
12 | carrying out the purposes of the Authority at that location. | ||||||
13 | "Park District President" means the President of the Board | ||||||
14 | of
Commissioners of the Chicago Park District. | ||||||
15 | "Project" means the expansion of existing fair and | ||||||
16 | exposition grounds and
facilities of the Authority by additions | ||||||
17 | to the present facilities, by
acquisition of the land described | ||||||
18 | below and by the addition of a structure
having a floor area of | ||||||
19 | approximately 1,100,000 square feet, or any part
thereof, and | ||||||
20 | such other improvements to be located on land to be acquired,
| ||||||
21 | including but not limited to all or a portion of Site A, by | ||||||
22 | connecting
walkways or passageways between the present | ||||||
23 | facilities and additional
structures, and by acquisition and | ||||||
24 | improvement of Navy Pier. | ||||||
25 | "Expansion Project" means the further expansion of the | ||||||
26 | grounds,
buildings, and facilities of the Authority for its |
| |||||||
| |||||||
1 | corporate
purposes, including, but not limited to, the | ||||||
2 | acquisition of land and
interests in land, the relocation of | ||||||
3 | persons and businesses located on land
acquired by the | ||||||
4 | Authority, and the construction, equipping, and operation
of | ||||||
5 | new exhibition and convention space, meeting rooms, support | ||||||
6 | facilities,
and facilities providing retail uses, commercial | ||||||
7 | uses, and goods and
services for the persons attending | ||||||
8 | conventions, meetings, exhibits, and
events at the grounds, | ||||||
9 | buildings, and facilities of the Authority.
"Expansion | ||||||
10 | Project" also includes improvements to land, highways, mass
| ||||||
11 | transit facilities, and infrastructure, whether or not located | ||||||
12 | on land owned
by the Authority,
that in the determination of | ||||||
13 | the Authority are appropriate on account of
the improvement of | ||||||
14 | the Authority's grounds, buildings, and
facilities.
"Expansion | ||||||
15 | Project" also includes the renovation and improvement of
the | ||||||
16 | existing grounds, buildings, and facilities of the Authority, | ||||||
17 | including Navy Pier. | ||||||
18 | "State" means the State of Illinois. | ||||||
19 | "Transportation network driver" means an individual | ||||||
20 | affiliated with a transportation network provider or with a | ||||||
21 | person who is affiliated with a transportation network provider | ||||||
22 | to transport passengers for compensation using a | ||||||
23 | transportation network vehicle. | ||||||
24 | "Transportation network provider" means a person that is | ||||||
25 | engaged in the business of providing a transportation network | ||||||
26 | service. |
| |||||||
| |||||||
1 | "Transportation network service" means a prearranged | ||||||
2 | transportation service offered or provided for compensation | ||||||
3 | using an Internet-enabled application or digital platform to | ||||||
4 | connect potential passengers with transportation network | ||||||
5 | drivers. "Transportation network service" does not include a | ||||||
6 | "ridesharing arrangement" as that term is defined in Section 2 | ||||||
7 | of the Ridesharing Arrangements Act. | ||||||
8 | "Transportation network vehicle" means any vehicle used to | ||||||
9 | provide a transportation network service. "Transportation | ||||||
10 | network vehicle" does not include a taxi, livery vehicle, bus, | ||||||
11 | or van subject to taxation under subsection (f) of Section 13. | ||||||
12 | "Trustee" means the person serving as Trustee of the | ||||||
13 | Authority in accordance with the provisions of this amendatory | ||||||
14 | Act of the 96th General Assembly. | ||||||
15 | "Site A" means the tract of land comprised of a part of the | ||||||
16 | Illinois
Central Railroad Company right-of-way (now known as | ||||||
17 | the "Illinois Central
Gulf Railroad") and a part of the | ||||||
18 | submerged lands reclaimed by said
Railroad as described in the | ||||||
19 | 1919 Lake Front Ordinance, in the Southeast
Fractional Quarter | ||||||
20 | of Section 22, the Southwest Fractional Quarter of
Section 22 | ||||||
21 | and the Northeast Fractional Quarter of Section 27, Township 39
| ||||||
22 | North, Range 14 East of the Third Principal Meridian, said | ||||||
23 | tract of land
being described as follows: | ||||||
24 | PARCEL A - NORTH AIR RIGHTS PARCEL | ||||||
25 | All of the real property and space, at and above a | ||||||
26 | horizontal plane at
an elevation of 33.51 feet above |
| |||||||
| |||||||
1 | Chicago City Datum, the horizontal limits
of which are the | ||||||
2 | planes formed by projecting vertically upward and downward
| ||||||
3 | from the surface of the Earth the boundaries of the | ||||||
4 | following described
parcel of land: | ||||||
5 | Beginning on the westerly line of said Illinois Central | ||||||
6 | Railroad Company
right-of-way at the intersection of the | ||||||
7 | northerly line of the 23rd Street
viaduct, being a line 60 | ||||||
8 | feet (measured perpendicularly) northerly of and
parallel | ||||||
9 | with the centerline of the existing structure, and running | ||||||
10 | thence
northwardly along said westerly right-of-way line, | ||||||
11 | a distance of 1500.00 feet;
thence eastwardly along a line | ||||||
12 | perpendicular to said westerly right-of-way
line, a | ||||||
13 | distance of 418.419 feet; thence southwardly along an arc | ||||||
14 | of a
circle, convex to the East, with a radius of 915.13 | ||||||
15 | feet, a distance of
207.694 feet to a point which is | ||||||
16 | 364.092 feet (measured perpendicularly)
easterly from said | ||||||
17 | westerly right-of-way line and 1300.00 feet (measured
| ||||||
18 | perpendicularly) northerly of said northerly line of the | ||||||
19 | 23rd Street
viaduct; thence continuing along an arc of a | ||||||
20 | circle, convex to the East,
with a radius of 2008.70 feet, | ||||||
21 | a distance of 154.214 feet to a point which
is 301.631 feet | ||||||
22 | (measured perpendicularly) easterly from said westerly
| ||||||
23 | right-of-way line and 1159.039 feet (measured | ||||||
24 | perpendicularly) northerly of
said northerly line of the | ||||||
25 | 23rd Street viaduct; thence southwardly along a
straight | ||||||
26 | line a distance of 184.018 feet to a point which is 220.680 |
| |||||||
| |||||||
1 | feet
(measured perpendicularly) easterly from said | ||||||
2 | westerly right-of-way line
and 993.782 feet (measured | ||||||
3 | perpendicularly) northerly of said northerly
line of the | ||||||
4 | 23rd Street viaduct; thence southwardly along a straight | ||||||
5 | line,
a distance of 66.874 feet to a point which is 220.719 | ||||||
6 | feet (measured
perpendicularly) easterly from said | ||||||
7 | westerly right-of-way line and 926.908
feet (measured | ||||||
8 | perpendicularly) northerly from the northerly line of the
| ||||||
9 | 23rd Street viaduct; thence southwardly along a straight | ||||||
10 | line, a distance of
64.946 feet to a point which is 199.589 | ||||||
11 | feet (measured perpendicularly)
easterly from said | ||||||
12 | westerly right-of-way line and 865.496 feet (measured
| ||||||
13 | perpendicularly) northerly from said northerly line of the | ||||||
14 | 23rd Street
viaduct; thence southwardly along a straight | ||||||
15 | line, a distance of 865.496
feet to a point on said | ||||||
16 | northerly line of the 23rd Street viaduct; which
point is | ||||||
17 | 200.088 feet easterly from said westerly right-of-way | ||||||
18 | line, and
thence westwardly along the northerly line of | ||||||
19 | said 23rd Street viaduct, said
distance of 200.088 feet to | ||||||
20 | the point of beginning. | ||||||
21 | There is reserved from the above described parcel of land a | ||||||
22 | corridor for
railroad freight and passenger operations, | ||||||
23 | said corridor is to be limited
in width to a distance of 10 | ||||||
24 | feet normally distant to the left and to the
right of the | ||||||
25 | centerline of Grantor's Northbound Freight Track, and 10 | ||||||
26 | feet
normally distant to the left and to the right of the |
| |||||||
| |||||||
1 | centerline of
Grantor's Southbound Freight Track, the | ||||||
2 | uppermost limits, or roof, of the
railroad freight and | ||||||
3 | passenger corridor shall be established at an
elevation of | ||||||
4 | 18 feet above the existing Top of Rail of the aforesaid
| ||||||
5 | Northbound and Southbound freight trackage. | ||||||
6 | PARCEL B - 23RD ST. AIR RIGHTS PARCEL | ||||||
7 | All of the real property and space, at and above a | ||||||
8 | horizontal plane which
is common with the bottom of the | ||||||
9 | bottom flange of the E. 23rd Street
viaduct as it spans | ||||||
10 | Grantor's operating commuter, freight and passenger
| ||||||
11 | trackage, the horizontal limits of which are the planes | ||||||
12 | formed by
projecting vertically upward and downward from | ||||||
13 | the surface of the Earth the
boundaries of the following | ||||||
14 | described parcel of land: | ||||||
15 | Beginning on the westerly line of said Illinois Central | ||||||
16 | Railroad Company
right-of-way at the intersection of the | ||||||
17 | northerly line of the 23rd Street
viaduct, being a line 60 | ||||||
18 | feet (measured perpendicularly) northerly of and
parallel | ||||||
19 | with the centerline of the existing structure, and running | ||||||
20 | thence
eastwardly along said northerly line of the 23rd | ||||||
21 | Street viaduct, a distance
of 200.088 feet; thence | ||||||
22 | southwardly along a straight line, a distance of
120.00 | ||||||
23 | feet to a point on the southerly line of said 23rd Street | ||||||
24 | viaduct
(being the southerly line of the easement granted | ||||||
25 | to the South Park
Commissioners dated September 25, 1922 as | ||||||
26 | document No. 7803194), which
point is 199.773 feet easterly |
| |||||||
| |||||||
1 | of said westerly right-of-way line; thence
westwardly | ||||||
2 | along said southerly line of the 23rd Street
viaduct, said | ||||||
3 | distance of 199.773 feet to the westerly right-of-way line
| ||||||
4 | and thence northwardly along said westerly right-of-way | ||||||
5 | line, a distance of
120.00 feet to the point of beginning. | ||||||
6 | PARCEL C - SOUTH AIR RIGHTS PARCEL | ||||||
7 | All of the real property and space, at and above a | ||||||
8 | horizontal plane at an
elevation of 34.51 feet above | ||||||
9 | Chicago City Datum, the horizontal limits of
which are the | ||||||
10 | planes formed by projecting vertically upward and downward
| ||||||
11 | from the surface of the Earth the boundaries of the | ||||||
12 | following described
parcel of land: | ||||||
13 | Beginning on the westerly line of said Illinois Central | ||||||
14 | Railroad Company
right-of-way at the intersection of the | ||||||
15 | southerly line of the 23rd Street
viaduct, being the | ||||||
16 | southerly line of the easement granted to the South Park
| ||||||
17 | Commissioners dated September 25, 1922 as document No. | ||||||
18 | 7803194) and running
thence eastwardly along said South | ||||||
19 | line of the 23rd Street viaduct, a
distance of 199.773 | ||||||
20 | feet; thence southerly along a straight line, a
distance of | ||||||
21 | 169.071 feet to a point which is 199.328 feet (measured
| ||||||
22 | perpendicularly) easterly from said westerly right-of-way | ||||||
23 | line thence
southerly along a straight line, whose | ||||||
24 | southerly terminus is a point which
is 194.66 feet | ||||||
25 | (measured perpendicularly) easterly from said westerly
| ||||||
26 | right-of-way line and 920.105 feet (measured a distance of |
| |||||||
| |||||||
1 | 493.34 feet;
thence westwardly along a straight line, | ||||||
2 | perpendicular to said westerly
right-of-way line, a | ||||||
3 | distance of 196.263 feet to said westerly
right-of-way line | ||||||
4 | and thence northwardly along the westerly right-of-way,
a | ||||||
5 | distance of 662.40 feet to the point of beginning. | ||||||
6 | Parcels A, B and C herein above described containing | ||||||
7 | 525,228 square feet
(12.0576 acres) of land, more or less. | ||||||
8 | AND, | ||||||
9 | SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55 | ||||||
10 | A tract of land comprised of a part of the Illinois Central | ||||||
11 | Railroad
Company right-of-way (now known as the "Illinois | ||||||
12 | Central Gulf Railroad")
and a part of the submerged lands | ||||||
13 | reclaimed by said Railroads as described
in the 1919 Lake | ||||||
14 | Front Ordinance, in the Northeast Fractional Quarter and
| ||||||
15 | the Southeast Fractional Quarter of Section 27, Township 39 | ||||||
16 | North, Range 14
East of the Third Principal Meridian, said | ||||||
17 | tract of land being described
as follows: | ||||||
18 | Beginning at a point on the North line of the 31st Street | ||||||
19 | viaduct, being
a line 50.00 feet (measured | ||||||
20 | perpendicularly) northerly of and parallel with
the South | ||||||
21 | line of said Southeast Fractional Quarter of Section 27, | ||||||
22 | which
point is 163.518 feet (measured along the northerly | ||||||
23 | line of said viaduct)
easterly of the westerly line of said | ||||||
24 | Illinois Central Railroad Company,
and running thence | ||||||
25 | northwardly along a straight line, a distance of
1903.228 | ||||||
26 | feet, to a point which is 156.586 feet easterly, and |
| |||||||
| |||||||
1 | 1850.555 feet
northerly of the intersection of said | ||||||
2 | westerly right-of-way line with the
northerly line of said | ||||||
3 | 31st Street viaduct, as measured along said westerly
line | ||||||
4 | and a line perpendicular thereto; thence northwardly along | ||||||
5 | a straight
line, a distance of 222.296 feet, to a point | ||||||
6 | which is 148.535 feet
easterly, and 2078.705 feet northerly | ||||||
7 | of the intersection of said westerly
right-of-way line with | ||||||
8 | the northerly line of said 31st Street viaduct, as
measured | ||||||
9 | along said westerly line and a line perpendicular thereto; | ||||||
10 | thence
northwardly along a straight line, a distance of | ||||||
11 | 488.798 feet, to a point
which is 126.789 feet easterly, | ||||||
12 | and 2567.019 feet northerly of the
intersection of said | ||||||
13 | westerly right-of-way line with the northerly line of
said | ||||||
14 | 31st Street viaduct, as measured along said westerly line | ||||||
15 | and a line
perpendicular thereto; thence northwardly along | ||||||
16 | a straight line, a distance
of 458.564 feet, to a point | ||||||
17 | which is 126.266 feet easterly and 3025.583
feet northerly | ||||||
18 | of the intersection of said westerly right-of-way
line with | ||||||
19 | the northerly line of said 31st Street viaduct, as measured | ||||||
20 | along
said westerly line and a line perpendicular thereto; | ||||||
21 | thence northwardly
along a straight line, a distance of | ||||||
22 | 362.655 feet, to a point which is 143.70
feet easterly, and | ||||||
23 | 3387.819 feet northerly of the intersection of said
| ||||||
24 | westerly right-of-way line with the northerly line of said | ||||||
25 | 31st street
viaduct, as measured along said westerly line | ||||||
26 | and a line perpendicular
thereto; thence northwardly along |
| |||||||
| |||||||
1 | a straight line, whose northerly terminus
is a point which | ||||||
2 | is 194.66 feet (measured perpendicularly) easterly from
| ||||||
3 | said westerly right-of-way line and 920.105 feet (measured | ||||||
4 | perpendicularly)
South from the southerly line of the 23rd | ||||||
5 | Street viaduct (being the
southerly line of the easement | ||||||
6 | granted to the South Park Commissioners
dated September 25, | ||||||
7 | 1922 as document No. 7803194) a distance of 335.874
feet to | ||||||
8 | an intersection with a northerly line of the
easement for | ||||||
9 | the overhead structure of the Southwest Expressway System | ||||||
10 | (as
described in Judgement Order No. 67 L 13579 in the | ||||||
11 | Circuit Court of Cook
County), said northerly line | ||||||
12 | extending from a point on said westerly
right-of-way line, | ||||||
13 | 142.47 feet (measured perpendicularly) North of the
| ||||||
14 | intersection of said line with the easterly extension of | ||||||
15 | the North line of
East 25th Street (as shown in Walker | ||||||
16 | Bros. Addition to Chicago, a
subdivision in the Northeast | ||||||
17 | Fractional Quarter of Section 27 aforesaid) to
a point | ||||||
18 | which is 215.07 feet (measured perpendicularly) North of | ||||||
19 | said
easterly extension of the North line of E. 25th Street | ||||||
20 | and 396.19 feet
(measured perpendicularly) westerly of the | ||||||
21 | westerly line of Burnham Park
(as said westerly line is | ||||||
22 | described by the City of Chicago by ordinance
passed July | ||||||
23 | 21, 1919 and recorded on March 5, 1920 in the Office of the
| ||||||
24 | Recorder of Deeds of Cook County, Illinois as document No. | ||||||
25 | 6753370); thence
northeastwardly along the northerly line | ||||||
26 | of the easement aforesaid,
a distance of 36.733 feet to |
| |||||||
| |||||||
1 | said point which is 215.07 feet (measured
perpendicularly) | ||||||
2 | North of said easterly extension of the North line of E.
| ||||||
3 | 25th Street and 396.19 feet (measured perpendicularly) | ||||||
4 | westerly of said
westerly line of Burnham Park; thence | ||||||
5 | northeastwardly continuing along said
easement line, being | ||||||
6 | a straight line, a distance of 206.321 feet to a point
| ||||||
7 | which is 352.76 feet (measured perpendicularly) North of | ||||||
8 | said easterly
extension of the North line of E. 25th Street | ||||||
9 | and 211.49 feet (measured
perpendicularly) westerly of | ||||||
10 | said westerly line of Burnham Park; thence
northeastwardly | ||||||
11 | continuing along said easement line, being a straight line,
| ||||||
12 | a distance of 206.308 feet to a point which is 537.36 feet | ||||||
13 | (measured
perpendicularly) North of said easterly | ||||||
14 | extension of the North line of E.
25th Street and 73.66 | ||||||
15 | feet (measured perpendicularly) westerly of said
westerly | ||||||
16 | line of Burnham Park; thence northeastwardly continuing | ||||||
17 | along said
easement line, being a straight line, a distance | ||||||
18 | of 219.688 feet to a point
on said westerly line of Burnham | ||||||
19 | Park, which point is 756.46 feet (measured
| ||||||
20 | perpendicularly) North of said easterly extension of the | ||||||
21 | North line of E.
25th Street; thence southwardly along said | ||||||
22 | westerly line of Burnham Park,
being here a straight line | ||||||
23 | whose southerly terminus is that point which is
308.0 feet | ||||||
24 | (measured along said line) South of the intersection of | ||||||
25 | said
line with the North line of 29th Street, extended | ||||||
26 | East, a distance of
3185.099 feet to a point which is 89.16 |
| |||||||
| |||||||
1 | feet North of aforesaid southerly
terminus; thence | ||||||
2 | southwestwardly along an arc of a circle, convex to the
| ||||||
3 | Southeast, tangent to last described line and having
a | ||||||
4 | radius of 635.34 feet, a distance of 177.175 feet to a | ||||||
5 | point on that
westerly line of Burnham Park which extends | ||||||
6 | southerly from aforesaid point
308.0 feet South of the | ||||||
7 | North line of 29th Street, extended East, to a
point on the | ||||||
8 | North line of East 31st Street extended East, which is | ||||||
9 | 250.00
feet (measured perpendicularly) easterly of said | ||||||
10 | westerly right-of-way
line; thence southwardly along said | ||||||
11 | last described westerly line of Burnham
Park, a distance of | ||||||
12 | 857.397 feet to a point which is 86.31 feet (measured
along | ||||||
13 | said line) northerly of aforesaid point on the North line | ||||||
14 | of East
31st Street extended East; thence southeastwardly | ||||||
15 | along the arc of a
circle, convex to the West, tangent to | ||||||
16 | last described line and having a
radius of 573.69 feet, a | ||||||
17 | distance of 69.426 feet to a point on the north
line of the | ||||||
18 | aforementioned 31st Street viaduct, and thence West along | ||||||
19 | said
North line, a distance of 106.584 feet to the point of | ||||||
20 | beginning, in Cook
County, Illinois. | ||||||
21 | Containing 1,527,996 square feet (35.0780 acres) of land, | ||||||
22 | more or less. | ||||||
23 | AND | ||||||
24 | NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55 | ||||||
25 | A tract of land comprised of a part of the Illinois Central | ||||||
26 | Railroad Company
right-of-way (now known as the "Illinois |
| |||||||
| |||||||
1 | Central Gulf Railroad") and a part
of the submerged lands | ||||||
2 | reclaimed by said Railroad as described in the 1919
Lake | ||||||
3 | Front Ordinance, in the Northwest Fractional Quarter of | ||||||
4 | Section 22,
the Southwest Fractional Quarter of Section 22, | ||||||
5 | the Southeast Fractional
Quarter of Section 22 and the | ||||||
6 | Northwest Fractional Quarter of Section 27,
Township 39 | ||||||
7 | North, Range 14 East of the Third Principal Meridian, said | ||||||
8 | tract
of land being described as follows: | ||||||
9 | PARCEL A-NORTH OF 23RD STREET | ||||||
10 | Beginning on the easterly line of said Illinois Central | ||||||
11 | Railroad Company
right-of-way (being also the westerly | ||||||
12 | line of Burnham Park as said westerly
line is described in | ||||||
13 | the 1919 Lake Front Ordinance), at the intersection
of the | ||||||
14 | northerly line of the 23rd Street viaduct, being a line | ||||||
15 | 60.00 feet
(measured perpendicularly) northerly of and | ||||||
16 | parallel with the centerline
of the existing structure, and | ||||||
17 | running thence northwardly along said easterly
| ||||||
18 | right-of-way line, a distance of 2270.472 feet to an | ||||||
19 | intersection with the
North line of E. 18th Street, | ||||||
20 | extended East, a point 708.495 feet (as measured
along said | ||||||
21 | North line of E. 18th Street, extended East) East from the
| ||||||
22 | westerly right-of-way line of said railroad; thence | ||||||
23 | continuing northwardly
along said easterly right-of-way | ||||||
24 | line, on a straight line which forms an
angle to the left | ||||||
25 | of 00 degrees 51 minutes 27 seconds with last described
| ||||||
26 | course, a distance of 919.963 feet; thence westwardly along |
| |||||||
| |||||||
1 | a straight line
which forms an angle of 73 degrees 40 | ||||||
2 | minutes 14 seconds from North to West
with last described | ||||||
3 | line, a distance of 86.641 feet; thence southwardly
along | ||||||
4 | the arc of a circle, convex to the East with a radius of | ||||||
5 | 2448.29
feet, a distance of 86.233 feet to a point which is | ||||||
6 | 100.767 feet westerly
and 859.910 feet northerly of the | ||||||
7 | intersection of said easterly
right-of-way line with the | ||||||
8 | North line of E. 18th Street, extended East, as
measured | ||||||
9 | along said easterly line and a line perpendicular thereto; | ||||||
10 | thence
southwardly along a straight line, tangent to last | ||||||
11 | described arc of a
circle, a distance of 436.277 feet to a | ||||||
12 | point which is 197.423 feet
westerly and 434.475 feet | ||||||
13 | northerly of the intersection of said easterly
| ||||||
14 | right-of-way line with the North line of E. 18th Street, | ||||||
15 | extended East, as
measured along said easterly line and a | ||||||
16 | line perpendicular thereto; thence
southeastwardly along | ||||||
17 | the arc of a circle, convex to the West, tangent to
last | ||||||
18 | described straight line and having a radius of 1343.75 | ||||||
19 | feet, a
distance of 278.822 feet to a point which is | ||||||
20 | 230.646 feet westerly and
158.143 feet northerly of the | ||||||
21 | intersection of said easterly right-of-way
line with the | ||||||
22 | North line of E. 18th Street, extended East, as measured
| ||||||
23 | along said easterly line and a line perpendicular thereto; | ||||||
24 | thence
southwardly along a straight line, tangent to last | ||||||
25 | described arc of a
circle, a distance of 722.975 feet to a | ||||||
26 | point which is 434.030 feet
(measured perpendicularly) |
| |||||||
| |||||||
1 | easterly from the westerly line of said Illinois
Central | ||||||
2 | Railroad right-of-way and 1700.466 feet (measured | ||||||
3 | perpendicular)
northerly of the aforementioned northerly | ||||||
4 | line of the 23rd Street viaduct;
thence southwardly along | ||||||
5 | the arc of a circle, convex to the East, tangent
to last | ||||||
6 | described straight line, with a radius of 2008.70 feet, a | ||||||
7 | distance
of 160.333 feet to a point which is 424.314 feet | ||||||
8 | (reassured perpendicularly)
easterly from said westerly | ||||||
9 | right-of-way line and 1546.469 feet (measured
| ||||||
10 | perpendicularly) northerly of said North line of the 23rd | ||||||
11 | Street viaduct;
thence southwardly along an arc of a | ||||||
12 | circle, convex to the East with a
radius of 915.13 feet, a | ||||||
13 | distance of 254.54 feet to a point which is 364.092
feet | ||||||
14 | (measured perpendicularly) easterly from said westerly | ||||||
15 | right-of-way
line and 1300.00 feet (measured | ||||||
16 | perpendicularly) northerly of said
northerly line of the | ||||||
17 | 23rd Street viaduct; thence continuing along an arc
of a | ||||||
18 | circle, convex to the East, with a radius of 2008.70 feet, | ||||||
19 | a distance
of 154.214 feet to a point which is 301.631 feet | ||||||
20 | (measured perpendicularly)
easterly from said westerly | ||||||
21 | right-of-way line and 1159.039 feet (measured
| ||||||
22 | perpendicularly) northerly of said northerly line of the | ||||||
23 | 23rd Street
viaduct; thence southwardly along a straight | ||||||
24 | line, a distance of 184.018
feet to a point which is | ||||||
25 | 220.680 feet (measured perpendicularly) easterly
from said | ||||||
26 | westerly right-of-way line and 993.782 feet (measured
|
| |||||||
| |||||||
1 | perpendicularly) northerly from said northerly line of the | ||||||
2 | 23rd Street
viaduct; thence southwardly along a straight | ||||||
3 | line, a distance of 66.874
feet to a point which is 220.719 | ||||||
4 | feet (measured perpendicularly) easterly
from said | ||||||
5 | westerly right-of-way line and 926.908 feet (measured
| ||||||
6 | perpendicularly) northerly from the northerly line of the | ||||||
7 | 23rd Street
viaduct; thence southwardly along a straight | ||||||
8 | line, a distance of 64.946
feet to a point which is 199.589 | ||||||
9 | feet (measured perpendicularly) easterly
from said | ||||||
10 | westerly right-of-way line and 865.496 feet (measured
| ||||||
11 | perpendicularly) northerly from said northerly line of the | ||||||
12 | 23rd Street
viaduct; thence southwardly along a straight | ||||||
13 | line, a distance of 865.496
feet to a point on said | ||||||
14 | northerly line of the 23rd Street viaduct, which is
200.088 | ||||||
15 | feet easterly from said westerly right-of-way line; and | ||||||
16 | thence
eastwardly along the northerly line of said 23rd | ||||||
17 | Street viaduct, a distance
of 433.847 feet to the point of | ||||||
18 | beginning. | ||||||
19 | PARCEL B - WEST 23RD STREET | ||||||
20 | Beginning on the easterly line of said Illinois Central | ||||||
21 | Railroad Company
right-of-way (being also the westerly | ||||||
22 | line of Burnham Park, as said
westerly line is described in | ||||||
23 | the 1919 Lake Front Ordinance), at the
intersection of the | ||||||
24 | northerly line of the 23rd Street viaduct, being a line
| ||||||
25 | 60.00 feet (measured perpendicularly) northerly of and | ||||||
26 | parallel with the
centerline of the existing structure; and |
| |||||||
| |||||||
1 | running thence westwardly along
the northerly line of said | ||||||
2 | 23rd Street viaduct, a distance of 433.847 feet,
to a point | ||||||
3 | 200.088 feet easterly from the westerly line of said | ||||||
4 | Illinois
Central Railroad right-of-way; thence southwardly | ||||||
5 | along a straight line, a
distance of 120.00 feet to a point | ||||||
6 | on the southerly line of said 23rd
Street viaduct (being | ||||||
7 | the southerly line of the easement granted to the
South | ||||||
8 | Park Commissioners dated September 25, 1922 as document No. | ||||||
9 | 7803194),
which point is 199.773 feet easterly of said | ||||||
10 | westerly right-of-way line;
thence eastwardly along said | ||||||
11 | southerly line of the 23rd Street viaduct, a
distance of | ||||||
12 | 431.789 feet to said easterly right-of-way line; and thence
| ||||||
13 | northwardly along said easterly right-of-way line a | ||||||
14 | distance of 120.024
feet to the point of beginning, | ||||||
15 | excepting therefrom that part of the land,
property and | ||||||
16 | space conveyed to Amalgamated Trust and Savings Bank by | ||||||
17 | deed
recorded September 21, 1970 as document No. 21270060, | ||||||
18 | in Cook County, Illinois. | ||||||
19 | PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE OF | ||||||
20 | I-55 | ||||||
21 | Beginning on the easterly line of said Illinois Central | ||||||
22 | Railroad Company
right-of-way at the intersection of the | ||||||
23 | southerly line of the 23rd Street
viaduct (being the | ||||||
24 | southerly line of the easement granted to the South Park
| ||||||
25 | Commissioners dated September 25, 1922 as document No. | ||||||
26 | 7803194); and running
thence westwardly along said |
| |||||||
| |||||||
1 | southerly line of the 23rd Street viaduct,
a distance of | ||||||
2 | 431.789 feet, to a point 199.773 feet easterly from the
| ||||||
3 | westerly line of said Illinois Central Railroad | ||||||
4 | right-of-way; thence
southwardly along a straight line, a | ||||||
5 | distance of 169.071 feet to a point
which is 199.328 feet | ||||||
6 | (measured perpendicularly) easterly from said
westerly | ||||||
7 | right-of-way line; thence southwardly along a straight | ||||||
8 | line, a
distance of 751.05 feet to a point which is 194.66 | ||||||
9 | feet (measured
perpendicularly) easterly from said | ||||||
10 | westerly right-of-way line and 920.105
feet (measured | ||||||
11 | perpendicularly) southerly from said southerly line of the
| ||||||
12 | 23rd Street viaduct; thence southwardly along a straight | ||||||
13 | line whose
southerly terminus is a point which is 143.70 | ||||||
14 | feet easterly from said
westerly right-of-way line and | ||||||
15 | 3387.819 feet northerly of the intersection
of said | ||||||
16 | westerly right-of-way line with the northerly line of the | ||||||
17 | 31st
Street viaduct, (being a line 50.00 feet, measured | ||||||
18 | perpendicularly,
northerly of and parallel with the South | ||||||
19 | line of the Southeast Fractional
Quarter of said Section | ||||||
20 | 27), as measured along said westerly line and a
line | ||||||
21 | perpendicular thereto, a distance of 179.851 feet to an | ||||||
22 | intersection
with a northerly line of the easement for the | ||||||
23 | overhead bridge structure of
the Southwest Expressway | ||||||
24 | System (as described in Judgment Order No. 67 L
13579 in | ||||||
25 | the Circuit Court of Cook County), said northerly line | ||||||
26 | extending
from a point of said westerly right-of-way line, |
| |||||||
| |||||||
1 | which is 142.47 feet
(measured perpendicularly) North of | ||||||
2 | the easterly extension of the North
line of E. 25th Street | ||||||
3 | (as shown in Walker Bros. Addition to Chicago, a
| ||||||
4 | subdivision in the Northeast Fractional Quarter of Section | ||||||
5 | 27 aforesaid) to
a point which is 215.07 feet (measured | ||||||
6 | perpendicularly) North of said
easterly extension of the | ||||||
7 | North line of E. 25th Street and 396.19 feet
(measured | ||||||
8 | perpendicularly) westerly of the easterly line of said | ||||||
9 | Illinois
central Railroad right-of-way (being also the | ||||||
10 | westerly line of Burnham
Park, as said westerly line is | ||||||
11 | described by the City of Chicago by
ordinance passed July | ||||||
12 | 21, 1919 and recorded on March 5, 1920 in the Office
of the | ||||||
13 | Recorder 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 perpendicularly) | ||||||
17 | North of said easterly extension of the North
line of E. | ||||||
18 | 25th Street and 396.19 feet (measured perpendicularly) | ||||||
19 | westerly
of said easterly right-of-way line; thence | ||||||
20 | northeastwardly continuing along
said easement line, being | ||||||
21 | a straight line, a distance of 206.321 feet to a
point | ||||||
22 | which is 352.76 feet (measured perpendicularly) North of | ||||||
23 | said
easterly extension of the North line of E. 25th Street | ||||||
24 | and 211.49 feet
(measured perpendicularly) westerly of | ||||||
25 | said easterly right-of-way line;
thence northeastwardly | ||||||
26 | continuing along said easement line, being a
straight line, |
| |||||||
| |||||||
1 | a distance of 206.308 feet to a point which is 537.36 feet
| ||||||
2 | (measured perpendicularly) North of said easterly | ||||||
3 | extension of the North
line of E. 25th Street and 73.66 | ||||||
4 | feet (measured perpendicularly) westerly of
said easterly | ||||||
5 | right-of-way line; thence northeastwardly continuing along
| ||||||
6 | said easement line, being a straight line, a distance of | ||||||
7 | 219.688 feet to a
point on said easterly right-of-way line, | ||||||
8 | which point is 756.46 feet
(measured perpendicularly) | ||||||
9 | North of said easterly extension of the North
line of E. | ||||||
10 | 25th Street; and thence northwardly along said easterly
| ||||||
11 | right-of-way line, a distance of 652.596 feet, to the point | ||||||
12 | of beginning.
Excepting therefrom that part of the land, | ||||||
13 | property and space conveyed to
Amalgamated Trust Savings | ||||||
14 | Bank, as Trustee, under a trust agreement dated
January 12, | ||||||
15 | 1978 and known as Trust No. 3448, in Cook County, Illinois. | ||||||
16 | PARCEL D | ||||||
17 | All the space within the boundaries of the following | ||||||
18 | described perimeter
between the horizontal plane of plus | ||||||
19 | 27.00 feet and plus 47.3 feet Chicago
City Datum: | ||||||
20 | Commencing at the Northeast corner of Lot 3 in Block 1 in | ||||||
21 | McCormick
City Subdivision being a resubdivision of | ||||||
22 | McCormick Inn Subdivision (recorded
September 26, 1962 as | ||||||
23 | Document No. 18601678) and a subdivision of adjacent
lands | ||||||
24 | recorded January 12, 1971 as Document No. 21369281 in | ||||||
25 | Section 27,
Township 39 North, Range 14, East of the Third | ||||||
26 | Principal Meridian, thence
Westerly along the Northerly |
| |||||||
| |||||||
1 | line of said McCormick Inn Subdivision to a
point which is | ||||||
2 | 77 feet East of the Westerly line of McCormick Inn | ||||||
3 | Subdivision
(lying at +27.00 feet C.C.D.) for a place of | ||||||
4 | beginning; thence Westerly
a distance of 77.00 feet above | ||||||
5 | the horizontal plane +27.00 feet above Chicago
City Datum | ||||||
6 | and below +47.3 feet above Chicago City Datum to the | ||||||
7 | Northwest
corner of McCormick Inn Subdivision; thence | ||||||
8 | South along the West line of
McCormick Inn Subdivision a | ||||||
9 | distance of 36 feet to a point; thence East
23 feet to a | ||||||
10 | point along a line which is perpendicular to the last | ||||||
11 | described
line; thence North 12 feet to a point along a | ||||||
12 | line which is perpendicular
to the last described line; | ||||||
13 | thence East 54 feet to a point along a line
which is | ||||||
14 | perpendicular to the last described line; thence North 24 | ||||||
15 | feet
along a line which is perpendicular to the last | ||||||
16 | described line to the place
of beginning. (Parcel D has | ||||||
17 | been included in this Act to provide a means
for the | ||||||
18 | Authority to acquire an easement or fee title to a part of | ||||||
19 | McCormick
Inn to permit the construction of the pedestrian | ||||||
20 | spine to connect the Project
with Donnelley Hall.) | ||||||
21 | Containing 1,419,953 square feet (32.5970 acres) of land, | ||||||
22 | more or less. | ||||||
23 | "Site B" means an area of land (including all air rights | ||||||
24 | related
thereto) in the City of Chicago, Cook County, Illinois, | ||||||
25 | within the
following boundaries: | ||||||
26 | Beginning at the intersection of the north line of East |
| |||||||
| |||||||
1 | Cermak Road
and the center line of South Indiana Avenue; | ||||||
2 | thence east along the north
line of East Cermak Road and | ||||||
3 | continuing along said line as said north line
of East | ||||||
4 | Cermak Road is extended, to its intersection with the | ||||||
5 | westerly line
of the right-of-way of the Illinois Central | ||||||
6 | Gulf Railroad; thence
southeasterly along said line to its | ||||||
7 | intersection with the north line of
the Twenty-third Street | ||||||
8 | viaduct; thence northeasterly along said line to
its | ||||||
9 | intersection with the easterly line of the right-of-way of | ||||||
10 | the Illinois
Central Gulf Railroad; thence southeasterly | ||||||
11 | along said line to the point of
intersection with the west | ||||||
12 | line of the right-of-way of the Adlai E.
Stevenson | ||||||
13 | Expressway; thence southwesterly along said line and then | ||||||
14 | west
along the inside curve of the west and north lines of | ||||||
15 | the right-of-way of
the Adlai E. Stevenson Expressway, | ||||||
16 | following the curve of said
right-of-way, and continuing | ||||||
17 | along the north line of the right-of-way of
the Adlai E. | ||||||
18 | Stevenson Expressway to its intersection with the center | ||||||
19 | line
of South Indiana Avenue; thence northerly along said | ||||||
20 | line to the point of
beginning. | ||||||
21 | ALSO | ||||||
22 | Beginning at the intersection of the center line of | ||||||
23 | East Cermak Road at
its intersection with the center line | ||||||
24 | of South Indiana Avenue; thence
northerly along the center | ||||||
25 | line of South Indiana Avenue to its intersection
with the | ||||||
26 | center line of East Twenty-first Street; thence easterly |
| |||||||
| |||||||
1 | along
said line to its intersection with the center line of | ||||||
2 | South Prairie Avenue;
thence south along said line to its | ||||||
3 | intersection with the center line of
East Cermak Road; | ||||||
4 | thence westerly along said line to the point of beginning. | ||||||
5 | (Source: P.A. 96-898, eff. 5-27-10.)
| ||||||
6 | (70 ILCS 210/3) (from Ch. 85, par. 1223)
| ||||||
7 | Sec. 3.
There is hereby created a political subdivision, | ||||||
8 | unit of local
government with only those powers authorized by | ||||||
9 | law, body politic and
municipal corporation by the name and | ||||||
10 | style of Metropolitan Public Pier and
Exposition Authority in | ||||||
11 | the metropolitan area.
| ||||||
12 | The Authority may sue and be sued in its corporate name but | ||||||
13 | execution
shall not in any case issue against any real property | ||||||
14 | of the Authority.
It may adopt a common seal and change the | ||||||
15 | same at pleasure. The principal
office of the Authority shall | ||||||
16 | be in the City of Chicago.
| ||||||
17 | (Source: P.A. 86-17; 87-733.)
| ||||||
18 | (70 ILCS 210/5) (from Ch. 85, par. 1225) | ||||||
19 | Sec. 5. The Metropolitan Public Pier and Exposition | ||||||
20 | Authority shall also have the
following rights and powers: | ||||||
21 | (a) To accept from Chicago Park Fair, a corporation, an | ||||||
22 | assignment of
whatever sums of money it may have received | ||||||
23 | from the Fair and Exposition
Fund, allocated by the | ||||||
24 | Department of Agriculture of the State of Illinois,
and |
| |||||||
| |||||||
1 | Chicago Park Fair is hereby authorized to assign, set over | ||||||
2 | and transfer
any of those funds to the Metropolitan Public | ||||||
3 | Pier and Exposition Authority. The
Authority has the right | ||||||
4 | and power hereafter to receive sums as may be
distributed | ||||||
5 | to it by the Department of Agriculture of the State of | ||||||
6 | Illinois
from the Fair and Exposition Fund pursuant to the | ||||||
7 | provisions of Sections 5,
6i, and 28 of the State Finance | ||||||
8 | Act. All sums received by the Authority
shall be held in | ||||||
9 | the sole custody of the secretary-treasurer of the
| ||||||
10 | Metropolitan Public Pier and Exposition Board. | ||||||
11 | (b) To accept the assignment of, assume and execute any | ||||||
12 | contracts
heretofore entered into by Chicago Park Fair. | ||||||
13 | (c) To acquire, own, construct, equip, lease, operate | ||||||
14 | and maintain
grounds, buildings and facilities to carry out | ||||||
15 | its corporate purposes and
duties, and to carry out or | ||||||
16 | otherwise provide for the recreational,
cultural, | ||||||
17 | commercial or residential development of Navy Pier, | ||||||
18 | including, but not limited to, the right to enter into a | ||||||
19 | lease, license, or management agreement with any person to | ||||||
20 | provide for the recreational, cultural, commercial or | ||||||
21 | residential development of Navy Pier, and to fix
and | ||||||
22 | collect just, reasonable and nondiscriminatory charges for | ||||||
23 | the use
thereof. The charges so collected shall be made | ||||||
24 | available to defray the
reasonable expenses of the | ||||||
25 | Authority and to pay the principal of and the
interest upon | ||||||
26 | any revenue bonds issued by the Authority. The Authority
|
| |||||||
| |||||||
1 | shall be subject to and comply with the Lake Michigan and | ||||||
2 | Chicago Lakefront
Protection Ordinance, the Chicago | ||||||
3 | Building Code, the Chicago Zoning
Ordinance, and all | ||||||
4 | ordinances and regulations of the City of Chicago
contained | ||||||
5 | in the following Titles of the Municipal Code of Chicago:
| ||||||
6 | Businesses, Occupations and Consumer Protection; Health | ||||||
7 | and Safety; Fire
Prevention; Public Peace, Morals and | ||||||
8 | Welfare; Utilities
and Environmental Protection; Streets, | ||||||
9 | Public Ways, Parks, Airports and
Harbors; Electrical | ||||||
10 | Equipment and Installation; Housing and Economic
| ||||||
11 | Development (only Chapter 5-4 thereof); and Revenue and | ||||||
12 | Finance (only so far
as such Title pertains to the | ||||||
13 | Authority's duty to collect taxes on behalf
of the City of | ||||||
14 | Chicago). | ||||||
15 | (d) To enter into contracts treating in any manner with | ||||||
16 | the objects and
purposes of this Act. | ||||||
17 | (e) To lease any buildings to the Adjutant General of | ||||||
18 | the State of
Illinois for the use of the Illinois National | ||||||
19 | Guard or the Illinois
Naval Militia. | ||||||
20 | (f) To exercise the right of eminent domain by | ||||||
21 | condemnation proceedings
in the manner provided by the | ||||||
22 | Eminent Domain Act,
including, with respect to Site B only, | ||||||
23 | the authority to exercise quick
take condemnation by | ||||||
24 | immediate vesting of title under Article 20 of the Eminent | ||||||
25 | Domain Act, to acquire any privately
owned real or personal | ||||||
26 | property and, with respect to Site B only, public
property |
| |||||||
| |||||||
1 | used for rail transportation purposes (but no such taking | ||||||
2 | of such
public property shall, in the reasonable judgment | ||||||
3 | of the owner, interfere
with such rail transportation) for | ||||||
4 | the lawful purposes of the Authority in
Site A, at Navy | ||||||
5 | Pier, and at Site B. Just compensation for property taken
| ||||||
6 | or acquired under this paragraph shall be paid in money or, | ||||||
7 | notwithstanding
any other provision of this Act and with | ||||||
8 | the agreement of the owner of the
property to be taken or | ||||||
9 | acquired, the Authority may convey substitute
property or | ||||||
10 | interests in property or enter into agreements with the
| ||||||
11 | property owner, including leases, licenses, or | ||||||
12 | concessions, with respect to
any property owned by the | ||||||
13 | Authority, or may provide for other lawful forms
of just | ||||||
14 | compensation to the owner. Any property acquired in | ||||||
15 | condemnation
proceedings shall be used only as provided in | ||||||
16 | this Act. Except as
otherwise provided by law, the City of | ||||||
17 | Chicago shall have a right of first
refusal prior to any | ||||||
18 | sale of any such property by the Authority to a third
party | ||||||
19 | other than substitute property. The Authority shall | ||||||
20 | develop and
implement a relocation plan for businesses | ||||||
21 | displaced as a result of the
Authority's acquisition of | ||||||
22 | property. The relocation plan shall be
substantially | ||||||
23 | similar to provisions of the Uniform Relocation Assistance
| ||||||
24 | and Real Property Acquisition Act and regulations | ||||||
25 | promulgated under that
Act relating to assistance to | ||||||
26 | displaced businesses. To implement the
relocation plan the |
| |||||||
| |||||||
1 | Authority may acquire property by purchase or gift or
may | ||||||
2 | exercise the powers authorized in this subsection (f), | ||||||
3 | except the
immediate vesting of title under Article 20 of | ||||||
4 | the Eminent Domain Act, to acquire substitute private | ||||||
5 | property within one mile
of Site B for the benefit of | ||||||
6 | displaced businesses located on property being
acquired by | ||||||
7 | the Authority. However, no such substitute property may be
| ||||||
8 | acquired by the Authority unless the mayor of the | ||||||
9 | municipality in which the
property is located certifies in | ||||||
10 | writing that the acquisition is consistent
with the | ||||||
11 | municipality's land use and economic development policies | ||||||
12 | and
goals. The acquisition of substitute property is | ||||||
13 | declared to be for public
use. In exercising the powers | ||||||
14 | authorized in this subsection (f), the
Authority shall use | ||||||
15 | its best efforts to relocate businesses within the area
of | ||||||
16 | McCormick Place or, failing that, within the City of | ||||||
17 | Chicago. | ||||||
18 | (g) To enter into contracts relating to construction | ||||||
19 | projects which
provide for the delivery by the contractor | ||||||
20 | of a completed project,
structure, improvement, or | ||||||
21 | specific portion thereof, for a fixed maximum
price, which | ||||||
22 | contract may provide that the delivery of the project,
| ||||||
23 | structure, improvement, or specific portion thereof, for | ||||||
24 | the fixed maximum
price is insured or guaranteed by a third | ||||||
25 | party capable of completing
the construction. | ||||||
26 | (h) To enter into agreements with any person with |
| |||||||
| |||||||
1 | respect to the use
and occupancy of the grounds, buildings, | ||||||
2 | and facilities of the Authority,
including concession, | ||||||
3 | license, and lease agreements on terms and conditions as
| ||||||
4 | the Authority determines. Notwithstanding Section 24, | ||||||
5 | agreements with respect
to the use and occupancy of the | ||||||
6 | grounds, buildings, and facilities of the
Authority for a | ||||||
7 | term of more than one year shall be entered into in | ||||||
8 | accordance
with the procurement process provided for in | ||||||
9 | Section 25.1. | ||||||
10 | (i) To enter into agreements with any person with | ||||||
11 | respect to the
operation and management of the grounds, | ||||||
12 | buildings, and facilities of the
Authority or the provision | ||||||
13 | of goods and services on terms and
conditions as the | ||||||
14 | Authority determines. | ||||||
15 | (j) After conducting the procurement process provided | ||||||
16 | for in Section 25.1,
to enter into one or more contracts to | ||||||
17 | provide for the design and
construction of all or part of | ||||||
18 | the Authority's Expansion Project grounds,
buildings, and | ||||||
19 | facilities. Any contract for design and construction of the
| ||||||
20 | Expansion Project shall be in the form authorized by | ||||||
21 | subsection (g), shall
be for a fixed maximum price not in | ||||||
22 | excess of the funds that are authorized
to be made | ||||||
23 | available
for those purposes during the term of the | ||||||
24 | contract, and shall be entered
into before commencement of | ||||||
25 | construction. | ||||||
26 | (k) To enter into agreements, including project |
| |||||||
| |||||||
1 | agreements with labor
unions, that the Authority deems | ||||||
2 | necessary to complete the Expansion Project
or any other | ||||||
3 | construction or improvement project in the most timely
and | ||||||
4 | efficient manner and without strikes, picketing, or other | ||||||
5 | actions that
might cause disruption or delay and thereby | ||||||
6 | add to the cost of the project. | ||||||
7 | (l) To provide incentives to organizations and | ||||||
8 | entities that agree to make use of the grounds, buildings, | ||||||
9 | and facilities of the Authority for conventions, meetings, | ||||||
10 | or trade shows. The incentives may take the form of | ||||||
11 | discounts from regular fees charged by the Authority, | ||||||
12 | subsidies for or assumption of the costs incurred with | ||||||
13 | respect to the convention, meeting, or trade show, or other | ||||||
14 | inducements. The Authority shall award incentives to | ||||||
15 | attract large conventions, meetings, and trade shows to its | ||||||
16 | facilities under the terms set forth in this subsection (l) | ||||||
17 | from amounts appropriated to the Authority from the | ||||||
18 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
19 | for this purpose. | ||||||
20 | No later than May 15 of each year, the Chief Executive | ||||||
21 | Officer of the Metropolitan Pier and Exposition Authority | ||||||
22 | shall certify to the State Comptroller and the State | ||||||
23 | Treasurer the amounts of incentive grant funds used during | ||||||
24 | the current fiscal year to provide incentives for | ||||||
25 | conventions, meetings, or trade shows that (i) have been | ||||||
26 | approved by the Authority, in consultation with an |
| |||||||
| |||||||
1 | organization meeting the qualifications set out in Section | ||||||
2 | 5.6 of this Act, provided the Authority has entered into a | ||||||
3 | marketing agreement with such an organization, (ii) | ||||||
4 | demonstrate registered attendance in excess of 5,000 | ||||||
5 | individuals or in excess of 10,000 individuals, as | ||||||
6 | appropriate, and (iii) but for the incentive, would not | ||||||
7 | have used the facilities of the Authority for the | ||||||
8 | convention, meeting, or trade show. The State Comptroller | ||||||
9 | may request that the Auditor General conduct an audit of | ||||||
10 | the accuracy of the certification. If the State Comptroller | ||||||
11 | determines by this process of certification that incentive | ||||||
12 | funds, in whole or in part, were disbursed by the Authority | ||||||
13 | by means other than in accordance with the standards of | ||||||
14 | this subsection (l), then any amount transferred to the | ||||||
15 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
16 | shall be reduced during the next subsequent transfer in | ||||||
17 | direct proportion to that amount determined to be in | ||||||
18 | violation of the terms set forth in this subsection (l). | ||||||
19 | On July 15, 2012, the Comptroller shall order | ||||||
20 | transferred, and the Treasurer shall transfer, into the | ||||||
21 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
22 | from the General Revenue Fund the sum of $7,500,000 plus an | ||||||
23 | amount equal to the incentive grant funds certified by the | ||||||
24 | Chief Executive Officer as having been lawfully paid under | ||||||
25 | the provisions of this Section in the previous 2 fiscal | ||||||
26 | years that have not otherwise been transferred into the |
| |||||||
| |||||||
1 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
2 | provided that transfers in excess of $15,000,000 shall not | ||||||
3 | be made in any fiscal year. | ||||||
4 | On July 15, 2013, the Comptroller shall order | ||||||
5 | transferred, and the Treasurer shall transfer, into the | ||||||
6 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
7 | from the General Revenue Fund the sum of $7,500,000 plus an | ||||||
8 | amount equal to the incentive grant funds certified by the | ||||||
9 | Chief Executive Officer as having been lawfully paid under | ||||||
10 | the provisions of this Section in the previous fiscal year | ||||||
11 | that have not otherwise been transferred into the | ||||||
12 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
13 | provided that transfers in excess of $15,000,000 shall not | ||||||
14 | be made in any fiscal year. | ||||||
15 | On July 15, 2014, and every year thereafter, the | ||||||
16 | Comptroller shall order transferred, and the Treasurer | ||||||
17 | shall transfer, into the Metropolitan Pier and Exposition | ||||||
18 | Authority Incentive Fund from the General Revenue Fund an | ||||||
19 | amount equal to the incentive grant funds certified by the | ||||||
20 | Chief Executive Officer as having been lawfully paid under | ||||||
21 | the provisions of this Section in the previous fiscal year | ||||||
22 | that have not otherwise been transferred into the | ||||||
23 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
24 | provided that (1) no transfers with respect to any previous | ||||||
25 | fiscal year shall be made after the transfer has been made | ||||||
26 | with respect to the 2017 fiscal year and (2) transfers in |
| |||||||
| |||||||
1 | excess of $15,000,000 shall not be made in any fiscal year. | ||||||
2 | After a transfer has been made under this subsection | ||||||
3 | (l), the Chief Executive Officer shall file a request for | ||||||
4 | payment with the Comptroller evidencing that the incentive | ||||||
5 | grants have been made and the Comptroller shall thereafter | ||||||
6 | order paid, and the Treasurer shall pay, the requested | ||||||
7 | amounts to the Metropolitan Pier and Exposition Authority. | ||||||
8 | In no case shall more than $5,000,000 be used in any | ||||||
9 | one year by the Authority for incentives granted | ||||||
10 | conventions, meetings, or trade shows with a registered | ||||||
11 | attendance of more than 5,000 and less than 10,000. Amounts | ||||||
12 | in the Metropolitan Pier and Exposition Authority | ||||||
13 | Incentive Fund shall only be used by the Authority for | ||||||
14 | incentives paid to attract large conventions, meetings, | ||||||
15 | and trade shows to its facilities as provided in this | ||||||
16 | subsection (l). | ||||||
17 | (l-5) The Village of Rosemont shall provide incentives | ||||||
18 | from amounts transferred into the Convention Center | ||||||
19 | Support Fund to retain and attract conventions, meetings, | ||||||
20 | or trade shows to the Donald E. Stephens Convention Center | ||||||
21 | under the terms set forth in this subsection (l-5). | ||||||
22 | No later than May 15 of each year, the Mayor of the | ||||||
23 | Village of Rosemont or his or her designee shall certify to | ||||||
24 | the State Comptroller and the State Treasurer the amounts | ||||||
25 | of incentive grant funds used during the previous fiscal | ||||||
26 | year to provide incentives for conventions, meetings, or |
| |||||||
| |||||||
1 | trade shows that (1) have been approved by the Village, (2) | ||||||
2 | demonstrate registered attendance in excess of 5,000 | ||||||
3 | individuals, and (3) but for the incentive, would not have | ||||||
4 | used the Donald E. Stephens Convention Center facilities | ||||||
5 | for the convention, meeting, or trade show. The State | ||||||
6 | Comptroller may request that the Auditor General conduct an | ||||||
7 | audit of the accuracy of the certification. | ||||||
8 | If the State Comptroller determines by this process of | ||||||
9 | certification that incentive funds, in whole or in part, | ||||||
10 | were disbursed by the Village by means other than in | ||||||
11 | accordance with the standards of this subsection (l-5), | ||||||
12 | then the amount transferred to the Convention Center | ||||||
13 | Support Fund shall be reduced during the next subsequent | ||||||
14 | transfer in direct proportion to that amount determined to | ||||||
15 | be in violation of the terms set forth in this subsection | ||||||
16 | (l-5). | ||||||
17 | On July 15, 2012, and each year thereafter, the | ||||||
18 | Comptroller shall order transferred, and the Treasurer | ||||||
19 | shall transfer, into the Convention Center Support Fund | ||||||
20 | from the General Revenue Fund the amount of $5,000,000 for | ||||||
21 | (i) incentives to attract large conventions, meetings, and | ||||||
22 | trade shows to the Donald E. Stephens Convention Center, | ||||||
23 | and (ii) to be used by the Village of Rosemont for the | ||||||
24 | repair, maintenance, and improvement of the Donald E. | ||||||
25 | Stephens Convention Center and for debt service on debt | ||||||
26 | instruments issued for those purposes by the village. No |
| |||||||
| |||||||
1 | later than 30 days after the transfer, the Comptroller | ||||||
2 | shall order paid, and the Treasurer shall pay, to the | ||||||
3 | Village of Rosemont the amounts transferred. | ||||||
4 | (m) To enter into contracts with any person conveying | ||||||
5 | the naming rights or other intellectual property rights | ||||||
6 | with respect to the grounds, buildings, and facilities of | ||||||
7 | the Authority. | ||||||
8 | (n) To enter into grant agreements with the Chicago | ||||||
9 | Convention and Tourism Bureau providing for the marketing | ||||||
10 | of the convention facilities to large and small | ||||||
11 | conventions, meetings, and trade shows and the promotion of | ||||||
12 | the travel industry in the City of Chicago, provided such | ||||||
13 | agreements meet the requirements of Section 5.6 of this | ||||||
14 | Act. A portion of the receipts Receipts of the Authority | ||||||
15 | from the increase in the airport departure tax authorized | ||||||
16 | by Public Act 96-898, a portion of the receipts of the | ||||||
17 | Authority from the transportation network service tax | ||||||
18 | authorized by subsection (f-5) of Section 13 of this Act | ||||||
19 | Section 13(f) of this amendatory Act of the 96th General | ||||||
20 | Assembly and, subject to appropriation to the Authority, | ||||||
21 | funds deposited in the Chicago Travel Industry Promotion | ||||||
22 | Fund pursuant to Section 6 of the Hotel Operators' | ||||||
23 | Occupation Tax Act shall be granted to the Bureau for such | ||||||
24 | purposes. | ||||||
25 | (Source: P.A. 100-23, eff. 7-6-17.)
|
| |||||||
| |||||||
1 | (70 ILCS 210/5.4) | ||||||
2 | Sec. 5.4. Exhibitor rights and work rule reforms.
| ||||||
3 | (a) Legislative findings. | ||||||
4 | (1) The Authority is a political subdivision of the | ||||||
5 | State of Illinois subject to the plenary authority of the | ||||||
6 | General Assembly and was created for the benefit of the | ||||||
7 | general public to promote business, industry, commerce, | ||||||
8 | and tourism within the City of Chicago and the State of | ||||||
9 | Illinois. | ||||||
10 | (2) The Authority owns and operates McCormick Place and | ||||||
11 | Navy Pier, which have collectively 2.8 million square feet | ||||||
12 | of exhibit hall space, 700,000 square feet of meeting room | ||||||
13 | space. | ||||||
14 | (3) The Authority is a vital economic engine that | ||||||
15 | annually generates 65,000 jobs and $8 billion of economic | ||||||
16 | activity for the State of Illinois through the trade shows, | ||||||
17 | conventions, and other meetings held and attended at | ||||||
18 | McCormick Place and Navy Pier. | ||||||
19 | (4) The Authority supports the operation of McCormick | ||||||
20 | Place and Navy Pier through not only fees on the rental of | ||||||
21 | exhibit and meeting room space, electrical and utility | ||||||
22 | service, food and beverage services, and parking, but also | ||||||
23 | hotel room rates paid by persons staying at the | ||||||
24 | Authority-owned hotel. | ||||||
25 | (5) The Authority has a compelling and proprietary |
| |||||||
| |||||||
1 | interest in the success, competitiveness, and continued | ||||||
2 | viability of McCormick Place and Navy Pier as the owner and | ||||||
3 | operator of the convention facilities and its obligation to | ||||||
4 | ensure that these facilities produce sufficient operating | ||||||
5 | revenues. | ||||||
6 | (6) The Authority's convention facilities were | ||||||
7 | constructed and renovated through the issuance of public | ||||||
8 | bonds that are directly repaid by State hotel, auto rental, | ||||||
9 | food and beverage, and airport and departure taxes paid | ||||||
10 | principally by persons who attend, work at, exhibit, and | ||||||
11 | provide goods and services to conventions, shows, | ||||||
12 | exhibitions, and meetings at McCormick Place and Navy Pier. | ||||||
13 | (7) State law also dedicates State occupation and use | ||||||
14 | tax revenues to fulfill debt service obligations on these | ||||||
15 | bonds should State hotel, auto rental, food and beverage, | ||||||
16 | and airport and departure taxes fail to generate sufficient | ||||||
17 | revenue. | ||||||
18 | (8) Through fiscal year 2010, $55 million in State | ||||||
19 | occupation and use taxes will have been allocated to make | ||||||
20 | debt service payments on the Authority's bonds due to | ||||||
21 | shortfalls in State hotel, auto rental, food and beverage, | ||||||
22 | and airport and departure taxes. These shortfalls are | ||||||
23 | expected to continue in future fiscal years and would | ||||||
24 | require the annual dedication of approximately $40 million | ||||||
25 | in State occupation and use taxes to fulfill debt service | ||||||
26 | payments. |
| |||||||
| |||||||
1 | (9) In 2009, managers of the International Plastics | ||||||
2 | Showcase announced that 2009 was the last year they would | ||||||
3 | host their exhibition at McCormick Place, as they had since | ||||||
4 | 1971, because union labor work rules and electric and food | ||||||
5 | service costs make it uneconomical for the show managers | ||||||
6 | and exhibitors to use McCormick Place as a convention venue | ||||||
7 | as compared to convention facilities in Orlando, Florida | ||||||
8 | and Las Vegas, Nevada. The exhibition used over 740,000 | ||||||
9 | square feet of exhibit space, attracted over 43,000 | ||||||
10 | attendees, generated $4.8 million of revenues to McCormick | ||||||
11 | Place, and raised over $200,000 in taxes to pay debt | ||||||
12 | service on convention facility bonds. | ||||||
13 | (10) After the International Plastics Showcase | ||||||
14 | exhibition announced its departure, other conventions and | ||||||
15 | exhibitions managers and exhibitors also stated that they | ||||||
16 | would not return to McCormick Place and Navy Pier for the | ||||||
17 | same reasons cited by the International Plastics Showcase | ||||||
18 | exhibition. In addition, still other managers and | ||||||
19 | exhibitors stated that they would not select McCormick | ||||||
20 | Place as a convention venue unless the union labor work | ||||||
21 | rules and electrical and food service costs were made | ||||||
22 | competitive with those in Orlando and Las Vegas. | ||||||
23 | (11) The General Assembly created the Joint Committee | ||||||
24 | on the Metropolitan Pier and Exposition Authority to | ||||||
25 | conduct hearings and obtain facts to determine how union | ||||||
26 | labor work rules and electrical and food service costs make |
| |||||||
| |||||||
1 | McCormick Place and Navy Pier uneconomical as a convention | ||||||
2 | venue. | ||||||
3 | (12) Witness testimony and fact-gathering revealed | ||||||
4 | that while the skilled labor provided by trade unions at | ||||||
5 | McCormick Place and Navy Pier is second to none and is | ||||||
6 | actually "exported" to work on conventions and exhibitions | ||||||
7 | held in Orlando and Las Vegas, restrictive work rules on | ||||||
8 | the activities show exhibitors may perform present | ||||||
9 | exhibitors and show managers with an uninviting atmosphere | ||||||
10 | and result in significantly higher costs than competing | ||||||
11 | convention facilities. | ||||||
12 | (13) Witness testimony and fact-gathering also | ||||||
13 | revealed that the mark-up on electrical and food service | ||||||
14 | imposed by the Authority to generate operating revenue for | ||||||
15 | McCormick Place and Navy Pier also substantially increased | ||||||
16 | exhibitor and show organizer costs to the point of excess | ||||||
17 | when compared to competing convention facilities. | ||||||
18 | (14) Witness testimony and fact-gathering further | ||||||
19 | revealed that the additional departure of conventions, | ||||||
20 | exhibitions, and trade shows from Authority facilities | ||||||
21 | threatens the continued economic viability of these | ||||||
22 | facilities and the stability of sufficient tax revenues | ||||||
23 | necessary to support debt service. | ||||||
24 | (15) In order to safeguard the Authority's and State of | ||||||
25 | Illinois' shared compelling and proprietary interests in | ||||||
26 | McCormick Place and Navy Pier and in response to local |
| |||||||
| |||||||
1 | economic needs, the provisions contained in this Section | ||||||
2 | set forth mandated changes and reforms to restore and | ||||||
3 | ensure that (i) the Authority's facilities remain | ||||||
4 | economically competitive with other convention venues and | ||||||
5 | (ii) conventions, exhibitions, trade shows, and other | ||||||
6 | meetings are attracted to and retained at Authority | ||||||
7 | facilities by producing an exhibitor-friendly environment | ||||||
8 | and by reducing costs for exhibitors and show managers. | ||||||
9 | (16) The provisions set forth in this Section are | ||||||
10 | reasonable, necessary, and narrowly tailored to safeguard | ||||||
11 | the Authority's and State of Illinois' shared and | ||||||
12 | compelling proprietary interests and respond to local | ||||||
13 | economic needs as compared to the available alternative set | ||||||
14 | forth in House Bill 4900 of the 96th General Assembly and | ||||||
15 | proposals submitted to the Joint Committee on the | ||||||
16 | Metropolitan Pier and Exposition Authority. Action by the | ||||||
17 | State offers the only comprehensive means to remedy the | ||||||
18 | circumstances set forth in these findings, despite the | ||||||
19 | concerted and laudable voluntary efforts of the Authority, | ||||||
20 | labor unions, show contractors, show managers, and | ||||||
21 | exhibitors.
| ||||||
22 | (b) Definitions. As used in this Section: | ||||||
23 | "Booth" means the demarcated exhibit space of an | ||||||
24 | exhibitor on Authority premises. | ||||||
25 | "Contractor" or "show contractor" means any person who |
| |||||||
| |||||||
1 | contracts with the Authority, an exhibitor, or with the | ||||||
2 | manager of a show to provide any services related to | ||||||
3 | drayage, rigging, carpentry, decorating, electrical, | ||||||
4 | maintenance, mechanical, and food and beverage services or | ||||||
5 | related trades and duties for shows on Authority premises. | ||||||
6 | "Exhibitor" or "show exhibitor" means any person who | ||||||
7 | contracts with the Authority or with a manager or | ||||||
8 | contractor of a show held or to be held on Authority | ||||||
9 | premises. | ||||||
10 | "Exhibitor employee" means any person who has been | ||||||
11 | employed by the exhibitor as a full-time employee for a | ||||||
12 | minimum of 6 months before the show's opening date. | ||||||
13 | "Hand tools" means cordless tools, power tools, and | ||||||
14 | other tools as determined by the Authority. | ||||||
15 | "Licensee" means any entity that uses the Authority's | ||||||
16 | premises. | ||||||
17 | "Manager" or "show manager" means any person that owns | ||||||
18 | or manages a show held or to be held on Authority premises. | ||||||
19 | "Personally owned vehicles" means the vehicles owned | ||||||
20 | by show exhibitors or the show management, excluding | ||||||
21 | commercially registered trucks, vans, and other vehicles | ||||||
22 | as determined by the Authority. | ||||||
23 | "Premises" means grounds, buildings, and facilities of | ||||||
24 | the Authority. | ||||||
25 | "Show" means a convention, exposition, trade show, | ||||||
26 | event, or meeting held on Authority premises by a show |
| |||||||
| |||||||
1 | manager or show contractor on behalf of a show manager. | ||||||
2 | "2011 Settlement Agreement" means the agreement that | ||||||
3 | the Authority made and entered into with the Chicago | ||||||
4 | Regional Council of Carpenters, not including any | ||||||
5 | revisions or amendments, and filed with the Illinois | ||||||
6 | Secretary of State Index Department and designated as | ||||||
7 | 97-GA-A01. | ||||||
8 | "Union employees" means workers represented by a labor | ||||||
9 | organization, as defined in the National Labor Relations | ||||||
10 | Act, providing skilled labor services to exhibitors, a show | ||||||
11 | manager, or a show contractor on Authority premises.
| ||||||
12 | (c) Exhibitor rights. | ||||||
13 | In order to control costs, increase the | ||||||
14 | competitiveness, and promote and provide for the economic | ||||||
15 | stability of Authority premises, all Authority contracts | ||||||
16 | with exhibitors, contractors, and managers shall include | ||||||
17 | the following minimum terms and conditions: | ||||||
18 | (1) Consistent with safety and the skills and training | ||||||
19 | necessary to perform the task, as determined by the | ||||||
20 | Authority, an exhibitor and exhibitor employees are | ||||||
21 | permitted in a booth of any size with the use of the | ||||||
22 | exhibitor's ladders and hand tools to: | ||||||
23 | (i) set-up and dismantle exhibits displayed on | ||||||
24 | Authority premises; | ||||||
25 | (ii) assemble and disassemble materials, |
| |||||||
| |||||||
1 | machinery, or equipment on Authority premises; and | ||||||
2 | (iii) install all signs, graphics, props, | ||||||
3 | balloons, other decorative items, and the exhibitor's | ||||||
4 | own drapery, including the skirting of exhibitor | ||||||
5 | tables, on the Authority's premises. | ||||||
6 | (2) An exhibitor and exhibitor employees are permitted | ||||||
7 | in a booth of any size to deliver, set-up, plug in, | ||||||
8 | interconnect, and operate an exhibitor's electrical | ||||||
9 | equipment, computers, audio-visual devices, and other | ||||||
10 | equipment. | ||||||
11 | (3) An exhibitor and exhibitor employees are permitted | ||||||
12 | in a booth of any size to skid, position, and re-skid all | ||||||
13 | exhibitor material, machinery, and equipment on Authority | ||||||
14 | premises. | ||||||
15 | (4) An exhibitor and exhibitor employees are | ||||||
16 | prohibited at any time from using scooters, forklifts, | ||||||
17 | pallet jacks, condors, scissors lifts, motorized dollies, | ||||||
18 | or similar motorized or hydraulic equipment on Authority | ||||||
19 | premises. | ||||||
20 | (5) The Authority shall designate areas, in its | ||||||
21 | discretion, where exhibitors may unload and load exhibitor | ||||||
22 | materials from privately owned vehicles at Authority | ||||||
23 | premises with the use of non-motorized hand trucks and | ||||||
24 | dollies. | ||||||
25 | (6) On Monday through Friday for any consecutive 8-hour | ||||||
26 | period during the hours of 6:00 a.m. and 10:00 p.m., union |
| |||||||
| |||||||
1 | employees on Authority premises shall be paid | ||||||
2 | straight-time hourly wages plus fringe benefits. Union | ||||||
3 | employees shall be paid straight-time and a half hourly | ||||||
4 | wages plus fringe benefits for labor services provided | ||||||
5 | after any consecutive 8-hour period; provided, however, | ||||||
6 | that between the hours of midnight and 6:00 a.m. union | ||||||
7 | employees shall be paid double straight-time wages plus | ||||||
8 | fringe benefits for labor services. | ||||||
9 | (7) On Monday through Friday for any consecutive 8-hour | ||||||
10 | period during the hours of 6:00 a.m. and 10:00 p.m., a show | ||||||
11 | manager or contractor shall charge an exhibitor only for | ||||||
12 | labor services provided by union employees on Authority | ||||||
13 | premises based on straight-time hourly wages plus fringe | ||||||
14 | benefits along with a reasonable mark-up. After any | ||||||
15 | consecutive 8-hour period, a show manager or contractor | ||||||
16 | shall charge an exhibitor only for labor services provided | ||||||
17 | by union employees based on straight-time and a half hourly | ||||||
18 | wages plus fringe benefits along with a reasonable mark-up; | ||||||
19 | provided, however, that between the hours of midnight and | ||||||
20 | 6:00 a.m. a show manager or contractor shall charge an | ||||||
21 | exhibitor only for labor services provided by union | ||||||
22 | employees based on double straight-time wages plus fringe | ||||||
23 | benefits along with a reasonable mark-up. | ||||||
24 | (8) (Blank). | ||||||
25 | (9) (Blank). | ||||||
26 | (10) (Blank). |
| |||||||
| |||||||
1 | (11) (Blank). | ||||||
2 | (12) The Authority has the power to determine, after | ||||||
3 | consultation with the Advisory Council, the work | ||||||
4 | jurisdiction and scope of work of union employees on | ||||||
5 | Authority premises during the move-in, move-out, and run of | ||||||
6 | a show, provided that any affected labor organization may | ||||||
7 | contest the Authority's determination through a binding | ||||||
8 | decision of an independent, third-party arbitrator. When | ||||||
9 | making the determination, the Authority or arbitrator, as | ||||||
10 | the case may be, shall consider the training and skills | ||||||
11 | required to perform the task, past practices on Authority | ||||||
12 | premises, safety, and the need for efficiency and exhibitor | ||||||
13 | satisfaction. These factors shall be considered in their | ||||||
14 | totality and not in isolation. The Authority's | ||||||
15 | determination must be made in writing, set forth an | ||||||
16 | explanation and statement of the reason or reasons | ||||||
17 | supporting the determination, and be provided to each | ||||||
18 | affected labor organization. The changes in this item (12) | ||||||
19 | by this amendatory Act of the 97th General Assembly are | ||||||
20 | declarative of existing law and shall not be construed as a | ||||||
21 | new enactment. Nothing in this item permits the Authority | ||||||
22 | to eliminate any labor organization representing union | ||||||
23 | employees that provide labor services on the move-in, | ||||||
24 | move-out, and run of the show as of the effective date of | ||||||
25 | this amendatory Act of the 96th General Assembly. | ||||||
26 | (13) (Blank). |
| |||||||
| |||||||
1 | (14) An exhibitor or show manager may request by name | ||||||
2 | specific union employees to provide labor services on | ||||||
3 | Authority premises consistent with all State and federal | ||||||
4 | laws. Union employees requested by an exhibitor shall take | ||||||
5 | priority over union employees requested by a show manager. | ||||||
6 | (15) A show manager or show contractor on behalf of a | ||||||
7 | show manager may retain an electrical contractor approved | ||||||
8 | by the Authority or Authority-provisioned electrical | ||||||
9 | services to provide electrical services on the premises. If | ||||||
10 | a show manager or show contractor on behalf of a show | ||||||
11 | manager retains Authority-provisioned electrical services, | ||||||
12 | then the Authority shall offer these services at a rate not | ||||||
13 | to exceed the cost of providing those services. | ||||||
14 | (16) Crew sizes for any task or operation shall not | ||||||
15 | exceed 2 persons unless, after consultation with the | ||||||
16 | Advisory Council, the Authority determines otherwise based | ||||||
17 | on the task, skills, and training required to perform the | ||||||
18 | task and on safety. | ||||||
19 | (17) An exhibitor may bring food and beverages on the | ||||||
20 | premises of the Authority for personal consumption. | ||||||
21 | (18) Show managers and contractors shall comply with | ||||||
22 | any audit performed under subsection (e) of this Section. | ||||||
23 | (19) A show manager or contractor shall charge an | ||||||
24 | exhibitor only for labor services provided by union | ||||||
25 | employees on Authority premises on a minimum half-hour | ||||||
26 | basis. |
| |||||||
| |||||||
1 | The Authority has the power to implement, enforce, and | ||||||
2 | administer the exhibitor rights set forth in this subsection, | ||||||
3 | including the promulgation of rules. The Authority also has the | ||||||
4 | power to determine violations of this subsection and implement | ||||||
5 | appropriate remedies, including, but not limited to, barring | ||||||
6 | violators from Authority premises. The provisions set forth in | ||||||
7 | this Section are binding and equally applicable to any show | ||||||
8 | conducted at Navy Pier, and this statement of the law is | ||||||
9 | declarative of existing law and shall not be construed as a new | ||||||
10 | enactment. The Authority may waive the applicability of only | ||||||
11 | item (6) of this subsection (c) to the extent necessary and | ||||||
12 | required to comply with paragraph 1 of Section F of the 2011 | ||||||
13 | Settlement Agreement, as set forth on Page 12 of that | ||||||
14 | Agreement.
| ||||||
15 | (d) Advisory Council. | ||||||
16 | (1) An Advisory Council is hereby established to ensure | ||||||
17 | an active and productive dialogue between all affected | ||||||
18 | stakeholders to ensure exhibitor satisfaction for | ||||||
19 | conventions, exhibitions, trade shows, and meetings held | ||||||
20 | on Authority premises. | ||||||
21 | (2) The composition of the Council shall be determined | ||||||
22 | by the Authority consistent with its existing practice for | ||||||
23 | labor-management relations. | ||||||
24 | (3) The Council shall hold meetings no less than once | ||||||
25 | every 90 days.
|
| |||||||
| |||||||
1 | (e) Audit of exhibitor rights. | ||||||
2 | The Authority shall retain the services of a person to | ||||||
3 | complete, at least once per calendar year, a financial | ||||||
4 | statement audit and compliance attestation engagement that may | ||||||
5 | consist of an examination or an agreed-upon procedures | ||||||
6 | engagement that, in the opinion of the licensed public | ||||||
7 | accounting firm selected by the Authority in accordance with | ||||||
8 | the provisions of this Act and with the concurrence of the | ||||||
9 | Authority, is better suited to determine and verify compliance | ||||||
10 | with the exhibitor rights set forth in this Section, and that | ||||||
11 | cost reductions or other efficiencies resulting from the | ||||||
12 | exhibitor rights have been fairly passed along to exhibitors. | ||||||
13 | In the event an agreed-upon procedures engagement is performed, | ||||||
14 | the Authority shall first consult with the Advisory Committee | ||||||
15 | and solicit its suggestions and advice with respect to the | ||||||
16 | specific procedures to be agreed upon in the engagement. | ||||||
17 | Thereafter, the public accounting firm and the Authority shall | ||||||
18 | agree upon the specific procedures to be followed in the | ||||||
19 | engagement. It is intended that the design of the engagement | ||||||
20 | and the procedures to be followed shall allow for flexibility | ||||||
21 | in targeting specific areas for examination and to revise the | ||||||
22 | procedures where appropriate for achieving the purpose of the | ||||||
23 | engagement. The financial statement audit shall be performed in | ||||||
24 | accordance with generally accepted auditing standards. The | ||||||
25 | compliance attestation engagement shall be (i) performed in |
| |||||||
| |||||||
1 | accordance with attestation standards established by the | ||||||
2 | American Institute of Certified Public Accountants and shall | ||||||
3 | examine the compliance with the requirements set forth in this | ||||||
4 | Section and (ii) conducted by a licensed public accounting | ||||||
5 | firm, selected by the Authority from a list of firms | ||||||
6 | prequalified to do business with the Illinois Auditor General. | ||||||
7 | Upon request, a show contractor or manager shall provide the | ||||||
8 | Authority or person retained to provide attestation services | ||||||
9 | with any information and other documentation reasonably | ||||||
10 | necessary to perform the obligations set forth in this | ||||||
11 | subsection. Upon completion, the report shall be submitted to | ||||||
12 | the Authority and made publicly available on the Authority's | ||||||
13 | website. | ||||||
14 | Within 30 days of the next regularly scheduled meeting of | ||||||
15 | the Advisory Committee following the effective date of this | ||||||
16 | amendatory Act of the 98th General Assembly, the Authority, in | ||||||
17 | conjunction with the Advisory Committee, shall adopt a uniform | ||||||
18 | set of procedures to expeditiously investigate and address | ||||||
19 | exhibitor complaints and concerns. The procedures shall | ||||||
20 | require full disclosure and cooperation among the Authority, | ||||||
21 | show managers, show contractors, exhibitor-appointed | ||||||
22 | contractors, professional service providers, and labor unions.
| ||||||
23 | (f) Exhibitor service reforms. The Authority shall make every | ||||||
24 | effort to substantially reduce exhibitor's costs for | ||||||
25 | participating in shows. |
| |||||||
| |||||||
1 | (1) Any contract to provide food or beverage services | ||||||
2 | in the buildings and facilities of the Authority, except | ||||||
3 | Navy Pier, shall be provided at a rate not to exceed the | ||||||
4 | cost established in the contract. The Board shall | ||||||
5 | periodically review all food and beverage contracts. | ||||||
6 | (2) A department or unit of the Authority shall not | ||||||
7 | serve as the exclusive provider of electrical services. | ||||||
8 | (3) Exhibitors shall receive a detailed statement of | ||||||
9 | all costs associated with utility services, including the | ||||||
10 | cost of labor, equipment, and materials.
| ||||||
11 | (g) Severability. If any provision of this Section or its | ||||||
12 | application to any person or circumstance is held invalid, the | ||||||
13 | invalidity of that provision or application does not affect | ||||||
14 | other provisions or applications of this Section that can be | ||||||
15 | given effect without the invalid provision or application.
| ||||||
16 | (Source: P.A. 97-629, eff. 11-30-11; 98-109, eff. 7-25-13.)
| ||||||
17 | (70 ILCS 210/10.3 new) | ||||||
18 | Sec. 10.3. Contracts and leases for energy conservation | ||||||
19 | measures. | ||||||
20 | (a) As used in this Section, "energy conservation measure" | ||||||
21 | means any improvement, repair, alteration, or betterment of any | ||||||
22 | building or facility owned or operated by the Authority or any | ||||||
23 | equipment, fixture, or furnishing to be added to or used in any | ||||||
24 | such building or facility that is designed to reduce energy |
| |||||||
| |||||||
1 | consumption or operating costs. | ||||||
2 | (b) The Authority may enter into an installment payment | ||||||
3 | contract or lease purchase agreement with any party for the | ||||||
4 | funding or financing of the purchase and installation of energy | ||||||
5 | conservation measures and may execute a mortgage on, grant a | ||||||
6 | lien on, or grant any other security interest in the energy | ||||||
7 | conservation measure.
| ||||||
8 | (70 ILCS 210/13) (from Ch. 85, par. 1233)
| ||||||
9 | Sec. 13.
(a) The Authority shall not have power to levy | ||||||
10 | taxes for any
purpose, except as provided in subsections (b), | ||||||
11 | (c), (d), (e), and (f) , and (f-5) .
| ||||||
12 | (b) By ordinance the Authority shall, as soon as | ||||||
13 | practicable after July 1, 1992 (the
effective date of Public | ||||||
14 | Act 87-733), impose a Metropolitan Pier and
Exposition | ||||||
15 | Authority Retailers' Occupation Tax upon all persons engaged in
| ||||||
16 | the business of selling tangible personal property at retail | ||||||
17 | within the
territory described in this subsection at the rate | ||||||
18 | of 1.0% of the gross
receipts (i) from the sale of food, | ||||||
19 | alcoholic beverages, and soft drinks
sold for consumption on | ||||||
20 | the premises where sold and (ii) from the sale of
food, | ||||||
21 | alcoholic beverages, and soft drinks sold for consumption off | ||||||
22 | the
premises where sold by a retailer whose principal source of | ||||||
23 | gross receipts
is from the sale of food, alcoholic beverages, | ||||||
24 | and soft drinks prepared for
immediate consumption.
| ||||||
25 | The tax imposed under this subsection and all civil |
| |||||||
| |||||||
1 | penalties that may
be assessed as an incident to that tax shall | ||||||
2 | be collected and enforced by the
Illinois Department of | ||||||
3 | Revenue. The Department shall have full power to
administer and | ||||||
4 | enforce this subsection, to collect all taxes and penalties so
| ||||||
5 | collected in the manner provided in this subsection, and to | ||||||
6 | determine all
rights to credit memoranda arising on account of | ||||||
7 | the erroneous payment of
tax or penalty under this subsection. | ||||||
8 | In the administration of and
compliance with this subsection, | ||||||
9 | the Department and persons who are subject
to this subsection | ||||||
10 | shall have the same rights, remedies, privileges,
immunities, | ||||||
11 | powers, and duties, shall be subject to the same conditions,
| ||||||
12 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
13 | and
definitions of terms, and shall employ the same modes of | ||||||
14 | procedure
applicable to this Retailers' Occupation Tax as are | ||||||
15 | prescribed in Sections
1, 2 through 2-65 (in respect to all | ||||||
16 | provisions of those Sections other
than the State rate of | ||||||
17 | taxes), 2c, 2h, 2i, 3 (except as to the disposition
of taxes | ||||||
18 | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
| ||||||
19 | 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January | ||||||
20 | 1, 1994, 13.5
of the Retailers' Occupation Tax Act, and, on and | ||||||
21 | after January 1, 1994, all
applicable provisions of the Uniform | ||||||
22 | Penalty and Interest Act that are not
inconsistent with this | ||||||
23 | Act, as fully as if provisions contained in those
Sections of | ||||||
24 | the Retailers' Occupation Tax Act were set forth in this
| ||||||
25 | subsection.
| ||||||
26 | Persons subject to any tax imposed under the authority |
| |||||||
| |||||||
1 | granted in
this subsection may reimburse themselves for their | ||||||
2 | seller's tax liability
under this subsection by separately | ||||||
3 | stating that tax as an additional
charge, which charge may be | ||||||
4 | stated in combination, in a single amount, with
State taxes | ||||||
5 | that sellers are required to collect under the Use Tax Act,
| ||||||
6 | pursuant to bracket schedules as the Department may prescribe.
| ||||||
7 | The retailer filing the return shall, at the time of filing the
| ||||||
8 | return, pay to the Department the amount of tax imposed under | ||||||
9 | this
subsection, less a discount of 1.75%, which is allowed to | ||||||
10 | reimburse the
retailer for the expenses incurred in keeping | ||||||
11 | records, preparing and
filing returns, remitting the tax, and | ||||||
12 | supplying data to the Department on
request.
| ||||||
13 | Whenever the Department determines that a refund should be | ||||||
14 | made under
this subsection to a claimant instead of issuing a | ||||||
15 | credit memorandum, the
Department shall notify the State | ||||||
16 | Comptroller, who shall cause a warrant
to be drawn for the | ||||||
17 | amount specified and to the person named in the
notification | ||||||
18 | from the Department. The refund shall be paid by the State
| ||||||
19 | Treasurer out of the Metropolitan Public Pier and Exposition | ||||||
20 | Authority trust fund
held by the State Treasurer as trustee for | ||||||
21 | the Authority.
| ||||||
22 | Nothing in this subsection authorizes the Authority to | ||||||
23 | impose a tax upon
the privilege of engaging in any business | ||||||
24 | that under the Constitution of
the United States may not be | ||||||
25 | made the subject of taxation by this State.
| ||||||
26 | The Department shall forthwith pay over to the State |
| |||||||
| |||||||
1 | Treasurer, ex
officio, as trustee for the Authority, all taxes | ||||||
2 | and penalties collected
under this subsection for deposit into | ||||||
3 | a trust fund held outside of the
State Treasury. | ||||||
4 | As soon as possible after the first day of each month, | ||||||
5 | beginning January 1, 2011, upon certification of the Department | ||||||
6 | of Revenue, the Comptroller shall order transferred, and the | ||||||
7 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
8 | local sales tax increment, as defined in the Innovation | ||||||
9 | Development and Economy Act, collected under this subsection | ||||||
10 | during the second preceding calendar month for sales within a | ||||||
11 | STAR bond district. | ||||||
12 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
13 | on or before the 25th day of each calendar month, the
| ||||||
14 | Department shall prepare and certify to the Comptroller the | ||||||
15 | amounts to be
paid under subsection (g) of this Section, which | ||||||
16 | shall be the amounts, not
including credit memoranda, collected | ||||||
17 | under this subsection during the second
preceding calendar | ||||||
18 | month by the Department, less any amounts determined by the
| ||||||
19 | Department to be necessary for the payment of refunds, less | ||||||
20 | 1.5% of such
balance, which sum shall be deposited by the State | ||||||
21 | Treasurer into the Tax
Compliance and Administration Fund in | ||||||
22 | the State Treasury from which it shall be
appropriated to the | ||||||
23 | Department to cover the costs of the Department in
| ||||||
24 | administering and enforcing the provisions of this subsection, | ||||||
25 | and less any amounts that are transferred to the STAR Bonds | ||||||
26 | Revenue Fund. Within 10 days
after receipt by the Comptroller |
| |||||||
| |||||||
1 | of the certification, the Comptroller shall
cause the orders to | ||||||
2 | be drawn for the remaining amounts, and the Treasurer shall
| ||||||
3 | administer those amounts as required in subsection (g).
| ||||||
4 | A certificate of registration issued by the Illinois | ||||||
5 | Department of Revenue
to a retailer under the Retailers' | ||||||
6 | Occupation Tax Act shall permit the
registrant to engage in a | ||||||
7 | business that is taxed under the tax imposed
under this | ||||||
8 | subsection, and no additional registration shall be required
| ||||||
9 | under the ordinance imposing the tax or under this subsection.
| ||||||
10 | A certified copy of any ordinance imposing or discontinuing | ||||||
11 | any tax under
this subsection or effecting a change in the rate | ||||||
12 | of that tax shall be
filed with the Department, whereupon the | ||||||
13 | Department shall proceed to
administer and enforce this | ||||||
14 | subsection on behalf of the Authority as of the
first day of | ||||||
15 | the third calendar month following the date of filing.
| ||||||
16 | The tax authorized to be levied under this subsection may | ||||||
17 | be levied within
all or any part of the following described | ||||||
18 | portions of the metropolitan area:
| ||||||
19 | (1) that portion of the City of Chicago located within | ||||||
20 | the following
area: Beginning at the point of intersection | ||||||
21 | of the Cook County - DuPage
County line and York Road, then | ||||||
22 | North along York Road to its intersection
with Touhy | ||||||
23 | Avenue, then east along Touhy Avenue to its intersection | ||||||
24 | with
the Northwest Tollway, then southeast along the | ||||||
25 | Northwest Tollway to its
intersection with Lee Street, then | ||||||
26 | south along Lee Street to Higgins Road,
then south and east |
| |||||||
| |||||||
1 | along Higgins Road to its intersection with Mannheim
Road, | ||||||
2 | then south along Mannheim Road to its intersection with | ||||||
3 | Irving Park
Road, then west along Irving Park Road to its | ||||||
4 | intersection with the Cook
County - DuPage County line, | ||||||
5 | then north and west along the county line to
the point of | ||||||
6 | beginning; and
| ||||||
7 | (2) that portion of the City of Chicago located within | ||||||
8 | the following
area: Beginning at the intersection of West | ||||||
9 | 55th Street with Central
Avenue, then east along West 55th | ||||||
10 | Street to its intersection with South
Cicero Avenue, then | ||||||
11 | south along South Cicero Avenue to its intersection
with | ||||||
12 | West 63rd Street, then west along West 63rd Street to its | ||||||
13 | intersection
with South Central Avenue, then north along | ||||||
14 | South Central Avenue to the
point of beginning; and
| ||||||
15 | (3) that portion of the City of Chicago located within | ||||||
16 | the following
area: Beginning at the point 150 feet west of | ||||||
17 | the intersection of the west
line of North Ashland Avenue | ||||||
18 | and the north line of West Diversey Avenue,
then north 150 | ||||||
19 | feet, then east along a line 150 feet north of the north
| ||||||
20 | line of West Diversey Avenue extended to the shoreline of | ||||||
21 | Lake Michigan,
then following the shoreline of Lake | ||||||
22 | Michigan (including Navy Pier and all
other improvements | ||||||
23 | fixed to land, docks, or piers) to the point where the
| ||||||
24 | shoreline of Lake Michigan and the Adlai E. Stevenson | ||||||
25 | Expressway extended
east to that shoreline intersect, then | ||||||
26 | west along the Adlai E. Stevenson
Expressway to a point 150 |
| |||||||
| |||||||
1 | feet west of the west line of South Ashland
Avenue, then | ||||||
2 | north along a line 150 feet west of the west line of South | ||||||
3 | and
North Ashland Avenue to the point of beginning.
| ||||||
4 | The tax authorized to be levied under this subsection may | ||||||
5 | also be
levied on food, alcoholic beverages, and soft drinks | ||||||
6 | sold on boats and
other watercraft departing from and returning | ||||||
7 | to the shoreline of Lake
Michigan (including Navy Pier and all | ||||||
8 | other improvements fixed to land,
docks, or piers) described in | ||||||
9 | item (3).
| ||||||
10 | (c) By ordinance the Authority shall, as soon as | ||||||
11 | practicable after July 1, 1992 (the
effective date of Public | ||||||
12 | Act 87-733), impose an occupation tax
upon all persons engaged | ||||||
13 | in the corporate limits of the City of Chicago in
the business | ||||||
14 | of renting, leasing, or letting rooms in a hotel, as defined
in | ||||||
15 | the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of | ||||||
16 | the gross
rental receipts from the renting, leasing, or letting | ||||||
17 | of hotel rooms within
the City of Chicago, excluding, however, | ||||||
18 | from gross rental receipts
the proceeds of renting, leasing, or | ||||||
19 | letting to permanent residents of
a hotel, as defined in that | ||||||
20 | Act. Gross rental receipts shall not include
charges that are | ||||||
21 | added on account of the liability arising from any tax
imposed | ||||||
22 | by the State or any governmental agency on the occupation of
| ||||||
23 | renting, leasing, or letting rooms in a hotel.
| ||||||
24 | The tax imposed by the Authority under this subsection and | ||||||
25 | all civil
penalties that may be assessed as an incident to that | ||||||
26 | tax shall be collected
and enforced by the Illinois Department |
| |||||||
| |||||||
1 | of Revenue. The certificate of
registration that is issued by | ||||||
2 | the Department to a lessor under the Hotel
Operators' | ||||||
3 | Occupation Tax Act shall permit that registrant to engage in a
| ||||||
4 | business that is taxable under any ordinance enacted under this
| ||||||
5 | subsection without registering separately with the Department | ||||||
6 | under that
ordinance or under this subsection. The Department | ||||||
7 | shall have full power to
administer and enforce this | ||||||
8 | subsection, to collect all taxes and penalties
due under this | ||||||
9 | subsection, to dispose of taxes and penalties so collected
in | ||||||
10 | the manner provided in this subsection, and to determine all | ||||||
11 | rights to
credit memoranda arising on account of the erroneous | ||||||
12 | payment of tax or
penalty under this subsection. In the | ||||||
13 | administration of and compliance with
this subsection, the | ||||||
14 | Department and persons who are subject to this
subsection shall | ||||||
15 | have the same rights, remedies, privileges, immunities,
| ||||||
16 | powers, and duties, shall be subject to the same conditions, | ||||||
17 | restrictions,
limitations, penalties, and definitions of | ||||||
18 | terms, and shall employ the same
modes of procedure as are | ||||||
19 | prescribed in the Hotel Operators' Occupation Tax
Act (except | ||||||
20 | where that Act is inconsistent with this subsection), as fully
| ||||||
21 | as if the provisions contained in the Hotel Operators' | ||||||
22 | Occupation Tax Act
were set out in this subsection.
| ||||||
23 | Whenever the Department determines that a refund should be | ||||||
24 | made under
this subsection to a claimant instead of issuing a | ||||||
25 | credit memorandum, the
Department shall notify the State | ||||||
26 | Comptroller, who shall cause a warrant
to be drawn for the |
| |||||||
| |||||||
1 | amount specified and to the person named in the
notification | ||||||
2 | from the Department. The refund shall be paid by the State
| ||||||
3 | Treasurer out of the Metropolitan Public Pier and Exposition | ||||||
4 | Authority trust fund
held by the State Treasurer as trustee for | ||||||
5 | the Authority.
| ||||||
6 | Persons subject to any tax imposed under the authority | ||||||
7 | granted in
this subsection may reimburse themselves for their | ||||||
8 | tax liability for that
tax by separately stating that tax as an | ||||||
9 | additional charge,
which charge may be stated in combination, | ||||||
10 | in a single amount, with State
taxes imposed under the Hotel | ||||||
11 | Operators' Occupation Tax Act, the
municipal tax imposed under | ||||||
12 | Section 8-3-13 of the Illinois Municipal
Code, and the tax | ||||||
13 | imposed under Section 19 of the Illinois Sports
Facilities | ||||||
14 | Authority Act.
| ||||||
15 | The person filing the return shall, at the time of filing | ||||||
16 | the return,
pay to the Department the amount of tax, less a | ||||||
17 | discount of 2.1% or $25 per
calendar year, whichever is | ||||||
18 | greater, which is allowed to reimburse the
operator for the | ||||||
19 | expenses incurred in keeping records, preparing and filing
| ||||||
20 | returns, remitting the tax, and supplying data to the | ||||||
21 | Department on request.
| ||||||
22 | Except as otherwise provided in this paragraph, the | ||||||
23 | Department shall forthwith pay over to the State Treasurer,
ex | ||||||
24 | officio, as trustee for the Authority, all taxes and penalties | ||||||
25 | collected
under this subsection for deposit into a trust fund | ||||||
26 | held outside the State
Treasury. On or before the 25th day of |
| |||||||
| |||||||
1 | each calendar month, the Department
shall certify to the | ||||||
2 | Comptroller the amounts to be paid under subsection
(g) of this | ||||||
3 | Section, which shall be the amounts (not including credit
| ||||||
4 | memoranda) collected under this subsection during the second | ||||||
5 | preceding
calendar month by the Department, less any amounts | ||||||
6 | determined by the
Department to be necessary for payment of | ||||||
7 | refunds, less 1.5% of the remainder, which the Department shall | ||||||
8 | transfer into the Tax Compliance and Administration Fund. The | ||||||
9 | Department, at the time of each monthly disbursement to the | ||||||
10 | Authority, shall prepare and certify to the State Comptroller | ||||||
11 | the amount to be transferred into the Tax Compliance and | ||||||
12 | Administration Fund under this subsection. Within 10 days after
| ||||||
13 | receipt by the Comptroller of the Department's certification, | ||||||
14 | the
Comptroller shall cause the orders to be drawn for such | ||||||
15 | amounts, and the
Treasurer shall administer the amounts | ||||||
16 | distributed to the Authority as required in subsection (g).
| ||||||
17 | A certified copy of any ordinance imposing or discontinuing | ||||||
18 | a tax under this
subsection or effecting a change in the rate | ||||||
19 | of that tax shall be filed with
the Illinois Department of | ||||||
20 | Revenue, whereupon the Department shall proceed to
administer | ||||||
21 | and enforce this subsection on behalf of the Authority as of | ||||||
22 | the
first day of the third calendar month following the date of | ||||||
23 | filing.
| ||||||
24 | (d) By ordinance the Authority shall, as soon as | ||||||
25 | practicable after July 1, 1992 (the
effective date of Public | ||||||
26 | Act 87-733), impose a tax
upon all persons engaged in the |
| |||||||
| |||||||
1 | business of renting automobiles in the
metropolitan area at the | ||||||
2 | rate of 6% of the gross
receipts from that business, except | ||||||
3 | that no tax shall be imposed on the
business of renting | ||||||
4 | automobiles for use as taxicabs or in livery service.
The tax | ||||||
5 | imposed under this subsection and all civil penalties that may | ||||||
6 | be
assessed as an incident to that tax shall be collected and | ||||||
7 | enforced by the
Illinois Department of Revenue. The certificate | ||||||
8 | of registration issued by
the Department to a retailer under | ||||||
9 | the Retailers' Occupation Tax Act or
under the Automobile | ||||||
10 | Renting Occupation and Use Tax Act shall permit that
person to | ||||||
11 | engage in a business that is taxable under any ordinance | ||||||
12 | enacted
under this subsection without registering separately | ||||||
13 | with the Department
under that ordinance or under this | ||||||
14 | subsection. The Department shall have
full power to administer | ||||||
15 | and enforce this subsection, to collect all taxes
and penalties | ||||||
16 | due under this subsection, to dispose of taxes and penalties
so | ||||||
17 | collected in the manner provided in this subsection, and to | ||||||
18 | determine
all rights to credit memoranda arising on account of | ||||||
19 | the erroneous payment
of tax or penalty under this subsection. | ||||||
20 | In the administration of and
compliance with this subsection, | ||||||
21 | the Department and persons who are subject
to this subsection | ||||||
22 | shall have the same rights, remedies, privileges,
immunities, | ||||||
23 | powers, and duties, be subject to the same conditions,
| ||||||
24 | restrictions, limitations, penalties, and definitions of | ||||||
25 | terms, and employ
the same modes of procedure as are prescribed | ||||||
26 | in Sections 2 and 3 (in
respect to all provisions of those |
| |||||||
| |||||||
1 | Sections other than the State rate of
tax; and in respect to | ||||||
2 | the provisions of the Retailers' Occupation Tax Act
referred to | ||||||
3 | in those Sections, except as to the disposition of taxes and
| ||||||
4 | penalties collected, except for the provision allowing | ||||||
5 | retailers a
deduction from the tax to cover certain costs, and | ||||||
6 | except that credit
memoranda issued under this subsection may | ||||||
7 | not be used to discharge any
State tax liability) of the | ||||||
8 | Automobile Renting Occupation and Use Tax Act,
as fully as if | ||||||
9 | provisions contained in those Sections of that Act were set
| ||||||
10 | forth in this subsection.
| ||||||
11 | Persons subject to any tax imposed under the authority | ||||||
12 | granted in
this subsection may reimburse themselves for their | ||||||
13 | tax liability under this
subsection by separately stating that | ||||||
14 | tax as an additional charge, which
charge may be stated in | ||||||
15 | combination, in a single amount, with State tax
that sellers | ||||||
16 | are required to collect under the Automobile Renting
Occupation | ||||||
17 | and Use Tax Act, pursuant to bracket schedules as the | ||||||
18 | Department
may prescribe.
| ||||||
19 | Whenever the Department determines that a refund should be | ||||||
20 | made under
this subsection to a claimant instead of issuing a | ||||||
21 | credit memorandum, the
Department shall notify the State | ||||||
22 | Comptroller, who shall cause a warrant to
be drawn for the | ||||||
23 | amount specified and to the person named in the
notification | ||||||
24 | from the Department. The refund shall be paid by the State
| ||||||
25 | Treasurer out of the Metropolitan Public Pier and Exposition | ||||||
26 | Authority trust fund
held by the State Treasurer as trustee for |
| |||||||
| |||||||
1 | the Authority.
| ||||||
2 | Except as otherwise provided in this paragraph, the | ||||||
3 | Department shall forthwith pay over to the State Treasurer, ex | ||||||
4 | officio,
as trustee, all taxes and penalties collected under | ||||||
5 | this subsection for
deposit into a trust fund held outside the | ||||||
6 | State Treasury. On or before the
25th day of each calendar | ||||||
7 | month, the Department shall certify
to the Comptroller the | ||||||
8 | amounts to be paid under subsection (g) of this
Section (not | ||||||
9 | including credit memoranda) collected under this subsection
| ||||||
10 | during the second preceding calendar month by the Department, | ||||||
11 | less any
amount determined by the Department to be necessary | ||||||
12 | for payment of refunds, less 1.5% of the remainder, which the | ||||||
13 | Department shall transfer into the Tax Compliance and | ||||||
14 | Administration Fund. The Department, at the time of each | ||||||
15 | monthly disbursement to the Authority, shall prepare and | ||||||
16 | certify to the State Comptroller the amount to be transferred | ||||||
17 | into the Tax Compliance and Administration Fund under this | ||||||
18 | subsection.
Within 10 days after receipt by the Comptroller of | ||||||
19 | the Department's
certification, the Comptroller shall cause | ||||||
20 | the orders to be drawn for such
amounts, and the Treasurer | ||||||
21 | shall administer the amounts distributed to the Authority as | ||||||
22 | required in
subsection (g).
| ||||||
23 | Nothing in this subsection authorizes the Authority to | ||||||
24 | impose a tax upon
the privilege of engaging in any business | ||||||
25 | that under the Constitution of
the United States may not be | ||||||
26 | made the subject of taxation by this State.
|
| |||||||
| |||||||
1 | A certified copy of any ordinance imposing or discontinuing | ||||||
2 | a tax under
this subsection or effecting a change in the rate | ||||||
3 | of that tax shall be
filed with the Illinois Department of | ||||||
4 | Revenue, whereupon the Department
shall proceed to administer | ||||||
5 | and enforce this subsection on behalf of the
Authority as of | ||||||
6 | the first day of the third calendar month following the
date of | ||||||
7 | filing.
| ||||||
8 | (e) By ordinance the Authority shall, as soon as | ||||||
9 | practicable after July 1, 1992 (the
effective date of Public | ||||||
10 | Act 87-733), impose a tax upon the
privilege of using in the | ||||||
11 | metropolitan area an automobile that is rented
from a rentor | ||||||
12 | outside Illinois and is titled or registered with an agency
of | ||||||
13 | this State's government at a rate of 6% of the rental price of | ||||||
14 | that
automobile, except that no tax shall be imposed on the | ||||||
15 | privilege of using
automobiles rented for use as taxicabs or in | ||||||
16 | livery service. The tax shall
be collected from persons whose | ||||||
17 | Illinois address for titling or
registration purposes is given | ||||||
18 | as being in the metropolitan area. The tax
shall be collected | ||||||
19 | by the Department of Revenue for the Authority. The tax
must be | ||||||
20 | paid to the State or an exemption determination must be | ||||||
21 | obtained
from the Department of Revenue before the title or | ||||||
22 | certificate of
registration for the property may be issued. The | ||||||
23 | tax or proof of exemption
may be transmitted to the Department | ||||||
24 | by way of the State agency with which
or State officer with | ||||||
25 | whom the tangible personal property must be titled or
| ||||||
26 | registered if the Department and that agency or State officer |
| |||||||
| |||||||
1 | determine
that this procedure will expedite the processing of | ||||||
2 | applications for title
or registration.
| ||||||
3 | The Department shall have full power to administer and | ||||||
4 | enforce this
subsection, to collect all taxes, penalties, and | ||||||
5 | interest due under this
subsection, to dispose of taxes, | ||||||
6 | penalties, and interest so collected in
the manner provided in | ||||||
7 | this subsection, and to determine all rights to
credit | ||||||
8 | memoranda or refunds arising on account of the erroneous | ||||||
9 | payment of
tax, penalty, or interest under this subsection. In | ||||||
10 | the administration of
and compliance with this subsection, the | ||||||
11 | Department and persons who are
subject to this subsection shall | ||||||
12 | have the same rights, remedies,
privileges, immunities, | ||||||
13 | powers, and duties, be subject to the same
conditions, | ||||||
14 | restrictions, limitations, penalties, and definitions of | ||||||
15 | terms,
and employ the same modes of procedure as are prescribed | ||||||
16 | in Sections 2 and
4 (except provisions pertaining to the State | ||||||
17 | rate of tax; and in respect to
the provisions of the Use Tax | ||||||
18 | Act referred to in that Section, except
provisions concerning | ||||||
19 | collection or refunding of the tax by retailers,
except the | ||||||
20 | provisions of Section 19 pertaining to claims by retailers,
| ||||||
21 | except the last paragraph concerning refunds, and except that | ||||||
22 | credit
memoranda issued under this subsection may not be used | ||||||
23 | to discharge any
State tax liability) of the Automobile Renting | ||||||
24 | Occupation and Use Tax Act,
as fully as if provisions contained | ||||||
25 | in those Sections of that Act were set
forth in this | ||||||
26 | subsection.
|
| |||||||
| |||||||
1 | Whenever the Department determines that a refund should be | ||||||
2 | made under this
subsection to a claimant instead of issuing a | ||||||
3 | credit memorandum, the Department
shall notify the State | ||||||
4 | Comptroller, who shall cause a warrant to be drawn
for the | ||||||
5 | amount specified and to the person named in the notification
| ||||||
6 | from the Department. The refund shall be paid by the State | ||||||
7 | Treasurer out
of the Metropolitan Public Pier and Exposition | ||||||
8 | Authority trust fund held by the
State Treasurer as trustee for | ||||||
9 | the Authority.
| ||||||
10 | Except as otherwise provided in this paragraph, the | ||||||
11 | Department shall forthwith pay over to the State Treasurer, ex | ||||||
12 | officio,
as trustee, all taxes, penalties, and interest | ||||||
13 | collected under this
subsection for deposit into a trust fund | ||||||
14 | held outside the State Treasury.
On or before the 25th day of | ||||||
15 | each calendar month, the Department shall
certify to the State | ||||||
16 | Comptroller the amounts to be paid under subsection
(g) of this | ||||||
17 | Section, which shall be the amounts (not including credit
| ||||||
18 | memoranda) collected under this subsection during the second | ||||||
19 | preceding
calendar month by the Department, less any amounts | ||||||
20 | determined by the
Department to be necessary for payment of | ||||||
21 | refunds, less 1.5% of the remainder, which the Department shall | ||||||
22 | transfer into the Tax Compliance and Administration Fund. The | ||||||
23 | Department, at the time of each monthly disbursement to the | ||||||
24 | Authority, shall prepare and certify to the State Comptroller | ||||||
25 | the amount to be transferred into the Tax Compliance and | ||||||
26 | Administration Fund under this subsection. Within 10 days after
|
| |||||||
| |||||||
1 | receipt by the State Comptroller of the Department's | ||||||
2 | certification, the
Comptroller shall cause the orders to be | ||||||
3 | drawn for such amounts, and the
Treasurer shall administer the | ||||||
4 | amounts distributed to the Authority as required in subsection | ||||||
5 | (g).
| ||||||
6 | A certified copy of any ordinance imposing or discontinuing | ||||||
7 | a tax or
effecting a change in the rate of that tax shall be | ||||||
8 | filed with the Illinois
Department of Revenue, whereupon the | ||||||
9 | Department shall proceed to administer
and enforce this | ||||||
10 | subsection on behalf of the Authority as of the first day
of | ||||||
11 | the third calendar month following the date of filing.
| ||||||
12 | (f) By ordinance the Authority shall, as soon as | ||||||
13 | practicable after July 1, 1992 (the
effective date of Public | ||||||
14 | Act 87-733), impose an occupation tax on all
persons, other | ||||||
15 | than a governmental agency, engaged in the business of
| ||||||
16 | providing ground transportation for hire to passengers in the | ||||||
17 | metropolitan
area at a rate of (i) $4 per taxi or livery | ||||||
18 | vehicle departure with
passengers for hire from commercial | ||||||
19 | service airports in the metropolitan
area, (ii) for each | ||||||
20 | departure with passengers for hire from a commercial
service | ||||||
21 | airport in the metropolitan area in a bus or van operated by a
| ||||||
22 | person other than a person described in item (iii): $18 per bus | ||||||
23 | or van with
a capacity of 1-12 passengers, $36 per bus or van | ||||||
24 | with a capacity of 13-24
passengers, and $54 per bus or van | ||||||
25 | with a capacity of over 24 passengers,
and (iii) for each | ||||||
26 | departure with passengers for hire from a commercial
service |
| |||||||
| |||||||
1 | airport in the metropolitan area in a bus or van operated by a
| ||||||
2 | person regulated by the Interstate Commerce Commission or | ||||||
3 | Illinois Commerce
Commission, operating scheduled service from | ||||||
4 | the airport, and charging fares on
a per passenger basis: $2 | ||||||
5 | per passenger for hire in each bus or van. The term
"commercial | ||||||
6 | service airports" means those airports receiving scheduled
| ||||||
7 | passenger service and enplaning more than 100,000 passengers | ||||||
8 | per year.
| ||||||
9 | In the ordinance imposing the tax, the Authority may | ||||||
10 | provide for the
administration and enforcement of the tax and | ||||||
11 | the collection of the tax
from persons subject to the tax as | ||||||
12 | the Authority determines to be necessary
or practicable for the | ||||||
13 | effective administration of the tax. The Authority
may enter | ||||||
14 | into agreements as it deems appropriate with any governmental
| ||||||
15 | agency providing for that agency to act as the Authority's | ||||||
16 | agent to
collect the tax.
| ||||||
17 | In the ordinance imposing the tax, the Authority may | ||||||
18 | designate a method or
methods for persons subject to the tax to | ||||||
19 | reimburse themselves for the tax
liability arising under the | ||||||
20 | ordinance (i) by separately stating the full
amount of the tax | ||||||
21 | liability as an additional charge to passengers departing
the | ||||||
22 | airports, (ii) by separately stating one-half of the tax | ||||||
23 | liability as
an additional charge to both passengers departing | ||||||
24 | from and to passengers
arriving at the airports, or (iii) by | ||||||
25 | some other method determined by the
Authority.
| ||||||
26 | All taxes, penalties, and interest collected under any |
| |||||||
| |||||||
1 | ordinance adopted
under this subsection, less any amounts | ||||||
2 | determined to be necessary for the
payment of refunds and less | ||||||
3 | the taxes, penalties, and interest attributable to any increase | ||||||
4 | in the rate of tax authorized by Public Act 96-898, shall be | ||||||
5 | paid forthwith to the State Treasurer, ex
officio, for deposit | ||||||
6 | into a trust fund held outside the State Treasury and
shall be | ||||||
7 | administered by the State Treasurer as provided in subsection | ||||||
8 | (g)
of this Section. All taxes, penalties, and interest | ||||||
9 | attributable to any increase in the rate of tax authorized by | ||||||
10 | Public Act 96-898 shall be paid by the State Treasurer as | ||||||
11 | follows: 25% for deposit into the Convention Center Support | ||||||
12 | Fund, to be used by the Village of Rosemont for the repair, | ||||||
13 | maintenance, and improvement of the Donald E. Stephens | ||||||
14 | Convention Center and for debt service on debt instruments | ||||||
15 | issued for those purposes by the village and 75% to the | ||||||
16 | Authority to be used for grants to an organization meeting the | ||||||
17 | qualifications set out in Section 5.6 of this Act, provided the | ||||||
18 | Metropolitan Pier and Exposition Authority has entered into a | ||||||
19 | marketing agreement with such an organization.
| ||||||
20 | As used in this subsection: | ||||||
21 | "Livery vehicle" does not include any transportation | ||||||
22 | network vehicle. | ||||||
23 | "Persons engaged in the business of providing ground | ||||||
24 | transportation for hire" does not include any transportation | ||||||
25 | network provider or any transportation network driver. | ||||||
26 | (f-5) By ordinance the Authority shall, as soon as |
| |||||||
| |||||||
1 | practicable after the effective date of this amendatory Act of | ||||||
2 | the 101st General Assembly, impose an occupation tax on all | ||||||
3 | persons, other than a governmental agency, engaged in the | ||||||
4 | business of providing a transportation network service in the | ||||||
5 | metropolitan area at a rate of $1 for each trip with passengers | ||||||
6 | in a transportation network vehicle that includes a pickup or | ||||||
7 | drop-off, or both, at the McCormick Square campus or any | ||||||
8 | commercial service airport in the metropolitan area. | ||||||
9 | In the ordinance imposing the tax, the Authority may | ||||||
10 | provide for the administration and enforcement of the tax and | ||||||
11 | the collection of the tax from persons subject to the tax as | ||||||
12 | the Authority determines to be necessary or practicable for the | ||||||
13 | effective administration of the tax. The Authority may enter | ||||||
14 | into agreements as it deems appropriate with any governmental | ||||||
15 | agency providing for that agency to act as the Authority's | ||||||
16 | agent to collect the tax. | ||||||
17 | In the ordinance imposing the tax, the Authority may | ||||||
18 | designate a method or methods for persons subject to the tax to | ||||||
19 | reimburse themselves for the tax liability arising under the | ||||||
20 | ordinance. | ||||||
21 | The taxes, penalties, and interest collected under an | ||||||
22 | ordinance adopted under this subsection, less any amounts | ||||||
23 | determined to be necessary for the payment of refunds, shall be | ||||||
24 | paid forthwith to the State Treasurer, ex officio, as follows: | ||||||
25 | 50% for deposit into a trust fund held outside the State | ||||||
26 | Treasury and shall be administered by the State Treasurer as |
| |||||||
| |||||||
1 | provided in subsection (g) of this Section; 12.5% for deposit | ||||||
2 | into the Convention Center Support Fund, to be used by the | ||||||
3 | Village of Rosemont for the repair, maintenance, and | ||||||
4 | improvement of the Donald E. Stephens Convention Center and for | ||||||
5 | debt service on debt instruments issued for those purposes by | ||||||
6 | the village; and 37.5% to the Authority to be used for grants | ||||||
7 | to an organization meeting the qualifications in Section 5.6 of | ||||||
8 | this Act, provided the Authority has entered into a marketing | ||||||
9 | agreement with the organization. | ||||||
10 | (g) Amounts deposited from the proceeds of taxes imposed by | ||||||
11 | the
Authority under subsections (b), (c), (d), (e), and (f) , | ||||||
12 | and (f-5) of this Section and
amounts deposited under Section | ||||||
13 | 19 of the Illinois Sports Facilities
Authority Act shall be | ||||||
14 | held in a trust fund outside the State Treasury and, other than | ||||||
15 | the amounts transferred into the Tax Compliance and | ||||||
16 | Administration Fund under subsections (b), (c), (d), and (e),
| ||||||
17 | shall be administered by the Treasurer as follows: | ||||||
18 | (1) An amount necessary for the payment of refunds with | ||||||
19 | respect to those taxes shall be retained in the trust fund | ||||||
20 | and used for those payments. | ||||||
21 | (2) On July 20 and on the 20th of each month | ||||||
22 | thereafter, provided that the amount requested in the | ||||||
23 | annual certificate of the Chairman of the Authority filed | ||||||
24 | under Section 8.25f of the State Finance Act has been | ||||||
25 | appropriated for payment to the Authority, 1/8 of the local | ||||||
26 | tax transfer amount, together with any cumulative |
| |||||||
| |||||||
1 | deficiencies in the amounts transferred into the McCormick | ||||||
2 | Place Expansion Project Fund under this subparagraph (2) | ||||||
3 | during the fiscal year for which the certificate has been | ||||||
4 | filed, shall be transferred from the trust fund into the | ||||||
5 | McCormick Place Expansion Project Fund in the State | ||||||
6 | treasury until 100% of the local tax transfer amount has | ||||||
7 | been so transferred. "Local tax transfer amount" shall mean | ||||||
8 | the amount requested in the annual certificate, minus the | ||||||
9 | reduction amount. "Reduction amount" shall mean $41.7 | ||||||
10 | million in fiscal year 2011, $36.7 million in fiscal year | ||||||
11 | 2012, $36.7 million in fiscal year 2013, $36.7 million in | ||||||
12 | fiscal year 2014, and $31.7 million in each fiscal year | ||||||
13 | thereafter until 2032, provided that the reduction amount | ||||||
14 | shall be reduced by (i) the amount certified by the | ||||||
15 | Authority to the State Comptroller and State Treasurer | ||||||
16 | under Section 8.25 of the State Finance Act, as amended, | ||||||
17 | with respect to that fiscal year and (ii) in any fiscal | ||||||
18 | year in which the amounts deposited in the trust fund under | ||||||
19 | this Section exceed $343,300,000 $318.3 million , exclusive | ||||||
20 | of amounts set aside for refunds and for the reserve | ||||||
21 | account, one dollar for each dollar of the deposits in the | ||||||
22 | trust fund above $343,300,000 $318.3 million with respect | ||||||
23 | to that year, exclusive of amounts set aside for refunds | ||||||
24 | and for the reserve account. | ||||||
25 | (3) On July 20, 2010, the Comptroller shall certify to | ||||||
26 | the Governor, the Treasurer, and the Chairman of the |
| |||||||
| |||||||
1 | Authority the 2010 deficiency amount, which means the | ||||||
2 | cumulative amount of transfers that were due from the trust | ||||||
3 | fund to the McCormick Place Expansion Project Fund in | ||||||
4 | fiscal years 2008, 2009, and 2010 under Section 13(g) of | ||||||
5 | this Act, as it existed prior to May 27, 2010 (the | ||||||
6 | effective date of Public Act 96-898), but not made. On July | ||||||
7 | 20, 2011 and on July 20 of each year through July 20, 2014, | ||||||
8 | the Treasurer shall calculate for the previous fiscal year | ||||||
9 | the surplus revenues in the trust fund and pay that amount | ||||||
10 | to the Authority. On July 20, 2015 and on July 20 of each | ||||||
11 | year thereafter to and including July 20, 2017, as long as | ||||||
12 | bonds and notes issued under Section 13.2 or bonds and | ||||||
13 | notes issued to refund those bonds and notes are | ||||||
14 | outstanding, the Treasurer shall calculate for the | ||||||
15 | previous fiscal year the surplus revenues in the trust fund | ||||||
16 | and pay one-half of that amount to the State Treasurer for | ||||||
17 | deposit into the General Revenue Fund until the 2010 | ||||||
18 | deficiency amount has been paid and shall pay the balance | ||||||
19 | of the surplus revenues to the Authority. On July 20, 2018 | ||||||
20 | and on July 20 of each year thereafter, the Treasurer shall | ||||||
21 | calculate for the previous fiscal year the surplus revenues | ||||||
22 | in the trust fund and pay all of such surplus revenues to | ||||||
23 | the State Treasurer for deposit into the General Revenue | ||||||
24 | Fund until the 2010 deficiency amount has been paid. After | ||||||
25 | the 2010 deficiency amount has been paid, the Treasurer | ||||||
26 | shall pay the balance of the surplus revenues to the |
| |||||||
| |||||||
1 | Authority. "Surplus revenues" means the amounts remaining | ||||||
2 | in the trust fund on June 30 of the previous fiscal year | ||||||
3 | (A) after the State Treasurer has set aside in the trust | ||||||
4 | fund (i) amounts retained for refunds under subparagraph | ||||||
5 | (1) and (ii) any amounts necessary to meet the reserve | ||||||
6 | account amount and (B) after the State Treasurer has | ||||||
7 | transferred from the trust fund to the General Revenue Fund | ||||||
8 | 100% of any post-2010 deficiency amount. "Reserve account | ||||||
9 | amount" means $15 million in fiscal year 2011 and $30 | ||||||
10 | million in each fiscal year thereafter. The reserve account | ||||||
11 | amount shall be set aside in the trust fund and used as a | ||||||
12 | reserve to be transferred to the McCormick Place Expansion | ||||||
13 | Project Fund in the event the proceeds of taxes imposed | ||||||
14 | under this Section 13 are not sufficient to fund the | ||||||
15 | transfer required in subparagraph (2). "Post-2010 | ||||||
16 | deficiency amount" means any deficiency in transfers from | ||||||
17 | the trust fund to the McCormick Place Expansion Project | ||||||
18 | Fund with respect to fiscal years 2011 and thereafter. It | ||||||
19 | is the intention of this subparagraph (3) that no surplus | ||||||
20 | revenues shall be paid to the Authority with respect to any | ||||||
21 | year in which a post-2010 deficiency amount has not been | ||||||
22 | satisfied by the Authority. | ||||||
23 | Moneys received by the Authority as surplus revenues may be | ||||||
24 | used (i) for the purposes of paying debt service on the bonds | ||||||
25 | and notes issued by the Authority, including early redemption | ||||||
26 | of those bonds or notes, (ii) for the purposes of repair, |
| |||||||
| |||||||
1 | replacement, and improvement of the grounds, buildings, and | ||||||
2 | facilities of the Authority, and (iii) for the corporate | ||||||
3 | purposes of the Authority in fiscal years 2011 through 2015 in | ||||||
4 | an amount not to exceed $20,000,000 annually or $80,000,000 | ||||||
5 | total, which amount shall be reduced $0.75 for each dollar of | ||||||
6 | the receipts of the Authority in that year from any contract | ||||||
7 | entered into with respect to naming rights at McCormick Place | ||||||
8 | under Section 5(m) of this Act. When bonds and notes issued | ||||||
9 | under Section 13.2, or bonds or notes issued to refund those | ||||||
10 | bonds and notes, are no longer outstanding, the balance in the | ||||||
11 | trust fund shall be paid to the Authority.
| ||||||
12 | (h) The ordinances imposing the taxes authorized by this | ||||||
13 | Section shall
be repealed when bonds and notes issued under | ||||||
14 | Section 13.2 or bonds and
notes issued to refund those bonds | ||||||
15 | and notes are no longer outstanding.
| ||||||
16 | (Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17; | ||||||
17 | 100-23, Article 35, Section 35-25, eff. 7-6-17; 100-587, eff. | ||||||
18 | 6-4-18; 100-863, eff. 8-14-18.)
| ||||||
19 | (70 ILCS 210/13.1) (from Ch. 85, par. 1233.1)
| ||||||
20 | Sec. 13.1. There is hereby created the Metropolitan Fair | ||||||
21 | and
Exposition Authority Improvement Bond Fund and the | ||||||
22 | Metropolitan Fair and
Exposition Authority Completion Note | ||||||
23 | Subordinate Fund in the State Treasury.
All moneys transferred | ||||||
24 | from the McCormick Place Account in the Build
Illinois Fund to | ||||||
25 | the Metropolitan Fair and Exposition Authority Improvement
|
| |||||||
| |||||||
1 | Bond Fund and all moneys transferred from the Metropolitan Fair | ||||||
2 | and
Exposition Authority Improvement Bond Fund to the | ||||||
3 | Metropolitan Fair and
Exposition Authority Completion Note | ||||||
4 | Subordinate Fund may be appropriated
by law for the purpose of | ||||||
5 | paying the debt service requirements on all bonds
and notes | ||||||
6 | issued under this Section, including refunding bonds, (herein
| ||||||
7 | collectively referred to as bonds) to be issued by the | ||||||
8 | Authority subsequent
to July 1, 1984 in an aggregate amount | ||||||
9 | (excluding the amount of any
refunding bonds issued by the | ||||||
10 | Authority subsequent to January 1, 1986), not
to exceed | ||||||
11 | $312,500,000, with such aggregate amount comprised of (i) an
| ||||||
12 | amount not to exceed $259,000,000 for the purpose of paying | ||||||
13 | costs of the
Project and (ii) the balance for the purpose of | ||||||
14 | refunding those bonds of
the Authority that were issued prior | ||||||
15 | to July 1, 1984 and for the purpose of
establishing necessary | ||||||
16 | reserves on, paying capitalized interest on, and
paying costs | ||||||
17 | of issuance of bonds, other than refunding bonds issued
| ||||||
18 | subsequent to January 1, 1986, issued for those purposes, | ||||||
19 | provided
that any proceeds of bonds, other than refunding bonds | ||||||
20 | issued subsequent
to January 1, 1986, and interest or other | ||||||
21 | investment earnings
thereon not used for the purposes stated in | ||||||
22 | items (i) and (ii) above shall
be used solely to redeem | ||||||
23 | outstanding bonds, other than bonds which have
been refunded or | ||||||
24 | advance refunded, of the Authority. The Authority
will use its | ||||||
25 | best efforts to cause all bonds issued pursuant to this | ||||||
26 | Section,
other than bonds which have been refunded or advance |
| |||||||
| |||||||
1 | refunded, to
be or to become on a parity with one another. | ||||||
2 | Notwithstanding any
provision of any prior ordinance or trust | ||||||
3 | agreement
authorizing the issuance of outstanding bonds | ||||||
4 | payable or to become payable
from the Metropolitan Fair and | ||||||
5 | Exposition Authority Improvement Bond Fund,
refunding or | ||||||
6 | advance refunding bonds may be issued subsequent to January
1, | ||||||
7 | 1986, payable from the Metropolitan Fair and Exposition | ||||||
8 | Authority
Improvement Bond Fund on a parity with any such prior | ||||||
9 | bonds which remain
outstanding provided, that in the event of | ||||||
10 | any such partial refunding (i)
the debt service requirements | ||||||
11 | after such refunding for all bonds payable
from the | ||||||
12 | Metropolitan Fair and Exposition Authority Improvement Bond | ||||||
13 | Fund
issued after July 1, 1984, by the Authority which shall be | ||||||
14 | outstanding
after such refunding shall not have been increased | ||||||
15 | by reason of such
refunding in any then current or future | ||||||
16 | fiscal year in which such prior
outstanding bonds shall remain | ||||||
17 | outstanding and (ii) such parity refunding
bonds shall be | ||||||
18 | deemed to be parity bonds issued to pay costs of the Project
| ||||||
19 | for purposes of such prior ordinance or trust agreement. It is | ||||||
20 | hereby found
and determined that (i) the issuance of such | ||||||
21 | parity refunding bonds shall
further the purposes of this Act | ||||||
22 | and (ii) the contractual rights of the
bondholders under any | ||||||
23 | such prior ordinance or trust agreement will not be
impaired or | ||||||
24 | adversely affected by such issuance.
| ||||||
25 | No amounts in excess of the sum of $250,000,000 plus all | ||||||
26 | interest and
other investment income earned prior to the |
| |||||||
| |||||||
1 | effective date of this
amendatory Act of 1985 on all proceeds | ||||||
2 | of all bonds issued for the purpose of
paying costs of the | ||||||
3 | Project shall be obligated or
expended with respect to the | ||||||
4 | costs of the Project without prior written
approval from the | ||||||
5 | Director of the
Governor's Office of Management and Budget. | ||||||
6 | Such approval shall
be based upon factors including, but not | ||||||
7 | limited to, the necessity, in
relation to the Authority's | ||||||
8 | ability to complete the Project and open the
facility to the | ||||||
9 | public in a timely manner, of incurring the costs, and the
| ||||||
10 | appropriateness of using bond funds for such purpose. The | ||||||
11 | Director of the
Governor's Office of Management and Budget may, | ||||||
12 | in his discretion, consider other reasonable
factors in | ||||||
13 | determining whether to approve payment of costs of the Project.
| ||||||
14 | The Authority shall furnish to the
Governor's Office of | ||||||
15 | Management and Budget such information as
may from time to time | ||||||
16 | be requested. The Director of the
Governor's Office of | ||||||
17 | Management and Budget or any duly authorized employee of the
| ||||||
18 | Governor's Office of Management and Budget shall,
for the | ||||||
19 | purpose of securing such information, have access to, and the | ||||||
20 | right
to examine, all books, documents, papers and records of | ||||||
21 | the Authority.
| ||||||
22 | On the first day of each month commencing after July of | ||||||
23 | 1984, moneys, if
any, on deposit in the Metropolitan Fair and | ||||||
24 | Exposition Authority
Improvement Bond Fund shall, subject to | ||||||
25 | appropriation by law, be paid in full
to the Authority or upon | ||||||
26 | its direction to the trustee or
trustees for bond holders of |
| |||||||
| |||||||
1 | bonds which by their terms are payable from
the moneys received | ||||||
2 | from the Metropolitan Fair and Exposition Authority
| ||||||
3 | Improvement Bond Fund issued by the Metropolitan Pier and
| ||||||
4 | Exposition Authority subsequent to July 1, 1984, for the | ||||||
5 | purposes specified
in the first paragraph of this Section and | ||||||
6 | in Section
10.1 of this Act, such trustee or trustees having | ||||||
7 | been designated pursuant
to ordinance of the Authority, until | ||||||
8 | an amount equal to 100% of the
aggregate amount of such | ||||||
9 | principal and interest in such fiscal year,
including pursuant | ||||||
10 | to sinking fund requirements, has been so paid and
deficiencies | ||||||
11 | in reserves established from bond proceeds shall have been
| ||||||
12 | remedied.
| ||||||
13 | On the first day of each month commencing after October of | ||||||
14 | 1985, moneys,
if any, on deposit in the Metropolitan Fair and | ||||||
15 | Exposition Authority Completion
Note Subordinate Fund shall, | ||||||
16 | subject to appropriation by law, be paid in full
to the | ||||||
17 | Authority or upon its direction to the trustee or trustees for | ||||||
18 | bond
holders of bonds issued by the Metropolitan Pier and | ||||||
19 | Exposition Authority
subsequent to September of 1985 which by | ||||||
20 | their terms are payable from moneys
received from the | ||||||
21 | Metropolitan Fair and Exposition Authority Completion
Note | ||||||
22 | Subordinate Fund for the purposes specified in the first | ||||||
23 | paragraph
of this Section and in Section 10.1 of this Act, such | ||||||
24 | trustee or
trustees having been designated pursuant
to | ||||||
25 | ordinance of the Authority, until an amount equal to 100% of | ||||||
26 | the aggregate
amount of such principal and interest in such |
| |||||||
| |||||||
1 | fiscal year, including pursuant
to sinking fund requirements, | ||||||
2 | has been so paid and deficiencies in reserves
established from | ||||||
3 | bond proceeds shall have been remedied.
| ||||||
4 | The State of Illinois pledges to and agrees with the | ||||||
5 | holders of
the bonds of the Metropolitan Pier and Exposition | ||||||
6 | Authority issued pursuant
to this Section that the State will | ||||||
7 | not limit or alter the rights and
powers vested in the | ||||||
8 | Metropolitan Pier and Exposition Authority by this Act
so as to | ||||||
9 | impair the terms of any contract made by the Metropolitan Pier | ||||||
10 | and
Exposition Authority with such holders or in any way impair | ||||||
11 | the rights and
remedies of such holders until such bonds, | ||||||
12 | together with interest thereon,
with interest on any unpaid | ||||||
13 | installments of interest, and all costs and
expenses in | ||||||
14 | connection with any action or proceedings by or on behalf of
| ||||||
15 | such holders, are fully met and discharged. In addition, the | ||||||
16 | State pledges
to and agrees with the holders of the bonds of | ||||||
17 | the Metropolitan Pier and
Exposition Authority issued pursuant | ||||||
18 | to this Act that the State will not
limit or alter the basis on | ||||||
19 | which State funds are to be paid to the
Metropolitan Pier and | ||||||
20 | Exposition Authority as provided in this Act, or the
use of | ||||||
21 | such funds, so as to impair the terms of any such contract. The
| ||||||
22 | Metropolitan Pier and Exposition Authority is authorized to | ||||||
23 | include these
pledges and agreements of the State in any | ||||||
24 | contract with the holders of
bonds issued pursuant to this | ||||||
25 | Section.
| ||||||
26 | The State shall not be liable on bonds of the Metropolitan |
| |||||||
| |||||||
1 | Pier and
Exposition Authority issued under this Act, and such | ||||||
2 | bonds shall
not be a debt of the State, nor shall this Act be | ||||||
3 | construed as a guarantee
by the State of the debts of the | ||||||
4 | Metropolitan Pier and Exposition Authority.
The bonds shall | ||||||
5 | contain a statement to such effect on the face thereof.
| ||||||
6 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
7 | (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
| ||||||
8 | Sec. 13.2. The McCormick Place Expansion Project Fund is | ||||||
9 | created in
the State Treasury. All moneys in the McCormick | ||||||
10 | Place Expansion Project
Fund are allocated to and shall be | ||||||
11 | appropriated and used only for the
purposes authorized by and | ||||||
12 | subject to the limitations and conditions of
this Section. | ||||||
13 | Those amounts may be appropriated by law to
the Authority
for | ||||||
14 | the purposes of paying the debt service requirements on all | ||||||
15 | bonds and
notes, including bonds and notes issued to refund or | ||||||
16 | advance
refund bonds and notes issued under this Section, | ||||||
17 | Section 13.1, or issued to refund or
advance refund bonds and | ||||||
18 | notes otherwise issued under this Act, (collectively
referred | ||||||
19 | to as
"bonds") to be issued by the Authority under this Section | ||||||
20 | in an aggregate
original principal amount (excluding the amount | ||||||
21 | of any bonds and
notes issued to refund or advance refund bonds | ||||||
22 | or notes issued under this
Section and Section 13.1) not to | ||||||
23 | exceed $3,450,000,000 $2,850,000,000 for the purposes
of
| ||||||
24 | carrying out and
performing its duties and exercising its | ||||||
25 | powers under this Act.
The increased debt authorization of |
| |||||||
| |||||||
1 | $450,000,000 provided by Public Act 96-898 shall be used solely | ||||||
2 | for the purpose of: (i) hotel construction and related | ||||||
3 | necessary capital improvements; (ii) other needed capital | ||||||
4 | improvements to existing facilities; and (iii) land | ||||||
5 | acquisition for and construction of one multi-use facility on | ||||||
6 | property bounded by East Cermak Road on the south, East 21st | ||||||
7 | Street on the north, South Indiana Avenue on the west, and | ||||||
8 | South Prairie Avenue on the east in the City of Chicago, Cook | ||||||
9 | County, Illinois; these limitations do not apply to the | ||||||
10 | increased debt authorization provided by Public Act 100-23 or | ||||||
11 | this amendatory Act of the 101st General Assembly this | ||||||
12 | amendatory Act of the 100th General Assembly . No bonds issued | ||||||
13 | to refund or advance refund bonds issued under this Section may | ||||||
14 | mature later than
40 years from the date of issuance of the | ||||||
15 | refunding or advance refunding bonds. After the aggregate | ||||||
16 | original principal
amount of
bonds authorized in this Section | ||||||
17 | has been issued, the
payment of any
principal amount of such | ||||||
18 | bonds does not authorize the issuance of
additional bonds | ||||||
19 | (except refunding bonds). Any bonds and notes issued under this | ||||||
20 | Section in any year in which there is an outstanding "post-2010 | ||||||
21 | deficiency amount" as that term is defined in Section 13 (g)(3) | ||||||
22 | of this Act shall provide for the payment to the State | ||||||
23 | Treasurer of the amount of that deficiency. Proceeds from the | ||||||
24 | sale of bonds issued pursuant to the increased debt | ||||||
25 | authorization provided by Public Act 100-23 or this amendatory | ||||||
26 | Act of the 101st General Assembly this amendatory Act of the |
| |||||||
| |||||||
1 | 100th General Assembly may be used for the payment to the State | ||||||
2 | Treasurer of any unpaid amounts described in paragraph (3) of | ||||||
3 | subsection (g) of Section 13 of this Act as part of the "2010 | ||||||
4 | deficiency amount" or the "Post-2010 deficiency amount".
| ||||||
5 | On the first day of each month commencing after July 1, | ||||||
6 | 1993, amounts, if
any, on deposit in the McCormick Place | ||||||
7 | Expansion Project Fund shall,
subject to appropriation, be paid | ||||||
8 | in full to the Authority or, upon its
direction, to the trustee | ||||||
9 | or trustees for bondholders of bonds that by
their terms are | ||||||
10 | payable from the moneys received from the McCormick Place
| ||||||
11 | Expansion Project Fund, until an amount equal to 100% of the
| ||||||
12 | aggregate amount of the principal and interest in the fiscal | ||||||
13 | year,
including that pursuant to sinking fund requirements, has | ||||||
14 | been so paid and
deficiencies in reserves shall have been | ||||||
15 | remedied.
| ||||||
16 | The State of Illinois pledges to and agrees with the | ||||||
17 | holders of the bonds
of the Metropolitan Pier and Exposition | ||||||
18 | Authority issued under this
Section that the State will not | ||||||
19 | limit or alter the rights and powers vested
in the Authority by | ||||||
20 | this Act so as to impair the terms of any contract made
by the | ||||||
21 | Authority with those holders or in any way impair the rights | ||||||
22 | and
remedies of those holders until the bonds, together with | ||||||
23 | interest thereon,
interest on any unpaid installments of | ||||||
24 | interest, and all costs and
expenses in connection with any | ||||||
25 | action or proceedings by or on behalf of
those holders are | ||||||
26 | fully met and discharged; provided that any increase in
the Tax |
| |||||||
| |||||||
1 | Act Amounts specified in Section 3 of the Retailers' Occupation | ||||||
2 | Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service | ||||||
3 | Use Tax Act,
and Section 9 of the Service Occupation Tax Act | ||||||
4 | required to be deposited
into the Build Illinois Bond Account | ||||||
5 | in the Build Illinois Fund pursuant to
any law hereafter | ||||||
6 | enacted shall not be deemed to impair the rights of such
| ||||||
7 | holders so long as the increase does not result in the | ||||||
8 | aggregate debt
service payable in the current or any future | ||||||
9 | fiscal year of the State on
all bonds issued pursuant to the | ||||||
10 | Build Illinois Bond Act and the
Metropolitan Public Pier and | ||||||
11 | Exposition Authority Act and payable from tax
revenues | ||||||
12 | specified in Section 3 of the Retailers' Occupation Tax Act,
| ||||||
13 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
14 | Act, and
Section 9 of the Service Occupation Tax Act exceeding | ||||||
15 | 33 1/3% of such tax
revenues for the most recently completed | ||||||
16 | fiscal year of the State at the
time of such increase. In | ||||||
17 | addition, the State pledges to and agrees with
the holders of | ||||||
18 | the bonds of the Authority issued under this Section that
the | ||||||
19 | State will not limit or alter the basis on which State funds | ||||||
20 | are to be
paid to the Authority as provided in this Act or the | ||||||
21 | use of those funds so
as to impair the terms of any such | ||||||
22 | contract; provided that any increase in
the Tax Act Amounts | ||||||
23 | specified in Section 3 of the Retailers' Occupation Tax
Act, | ||||||
24 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
25 | Act,
and Section 9 of the Service Occupation Tax Act required | ||||||
26 | to be deposited
into the Build Illinois Bond Account in the |
| |||||||
| |||||||
1 | Build Illinois Fund pursuant to
any law hereafter enacted shall | ||||||
2 | not be deemed to impair the terms of any
such contract so long | ||||||
3 | as the increase does not result in the aggregate debt
service | ||||||
4 | payable in the current or any future fiscal year of the State | ||||||
5 | on
all bonds issued pursuant to the Build Illinois Bond Act and | ||||||
6 | the
Metropolitan Public Pier and Exposition Authority Act and | ||||||
7 | payable from tax
revenues specified in Section 3 of the | ||||||
8 | Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, | ||||||
9 | Section 9 of the Service Use Tax Act, and
Section 9 of the | ||||||
10 | Service Occupation Tax Act exceeding 33 1/3% of such tax
| ||||||
11 | revenues for the most recently completed fiscal year of the | ||||||
12 | State at the
time of such increase. The Authority is authorized | ||||||
13 | to include these pledges
and agreements with the State in any | ||||||
14 | contract with the holders of bonds
issued under this Section.
| ||||||
15 | The State shall not be liable on bonds of the Authority | ||||||
16 | issued under this
Section those bonds shall not be a debt of | ||||||
17 | the State, and this Act shall
not be construed as a guarantee | ||||||
18 | by the State of the debts of the Authority.
The bonds shall | ||||||
19 | contain a statement to this effect on the face of the bonds.
| ||||||
20 | (Source: P.A. 100-23, eff. 7-6-17.)
| ||||||
21 | (70 ILCS 210/14) (from Ch. 85, par. 1234) | ||||||
22 | Sec. 14. Board; compensation. The governing and | ||||||
23 | administrative body of the Authority shall be a
board known as | ||||||
24 | the Metropolitan Public Pier and Exposition Board. On the | ||||||
25 | effective date of this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly, the Trustee shall assume the duties and powers of the | ||||||
2 | Board for a period of 18 months or until the Board is fully | ||||||
3 | constituted, whichever is later. Any action requiring Board | ||||||
4 | approval shall be deemed approved by the Board if the Trustee | ||||||
5 | approves the action in accordance with Section 14.5. Beginning | ||||||
6 | the first Monday of the month occurring 18 months after the | ||||||
7 | effective date of this amendatory Act of the 96th General | ||||||
8 | Assembly, the Board shall consist of 9 members. The Governor | ||||||
9 | shall appoint 4 members to the Board, subject to the advice and | ||||||
10 | consent of the Senate. The Mayor shall appoint 4 members to the | ||||||
11 | Board. At least one member of the Board shall represent the | ||||||
12 | interests of labor and at least one member of the Board shall | ||||||
13 | represent the interests of the convention industry. A majority | ||||||
14 | of the members appointed by the Governor and Mayor shall | ||||||
15 | appoint a ninth member to serve as the chairperson. The Board | ||||||
16 | shall be fully constituted when a quorum has been appointed. | ||||||
17 | The members of
the board shall be individuals of generally | ||||||
18 | recognized ability and
integrity. No member of the Board may be | ||||||
19 | (i) an
officer or employee of, or a member of a board, | ||||||
20 | commission or authority of,
the State, any unit of local | ||||||
21 | government or any school district or (ii) a person who served | ||||||
22 | on the Board prior to the effective date of this amendatory Act | ||||||
23 | of the 96th General Assembly. | ||||||
24 | Of the initial members appointed by the Governor, one shall | ||||||
25 | serve for a term expiring June 1, 2013, one shall serve for a | ||||||
26 | term expiring June 1, 2014, one shall serve for a term expiring |
| |||||||
| |||||||
1 | June 1, 2015, and one shall serve for a term expiring June 1, | ||||||
2 | 2016, as determined by the Governor. Of the initial members | ||||||
3 | appointed by the Mayor, one shall serve for a term expiring | ||||||
4 | June 1, 2013, one shall serve for a term expiring June 1, 2014, | ||||||
5 | one shall serve for a term expiring June 1, 2015, and one shall | ||||||
6 | serve for a term expiring June 1, 2016, as determined by the | ||||||
7 | Mayor. The initial chairperson appointed by the Board shall | ||||||
8 | serve a term for a term expiring June 1, 2015. Successors shall | ||||||
9 | be appointed to 4-year terms. No person may be appointed to | ||||||
10 | more than 3 terms. | ||||||
11 | Members of the Board shall serve without compensation, but | ||||||
12 | shall be reimbursed for actual
expenses incurred by them in the | ||||||
13 | performance of their duties. All members of
the Board and | ||||||
14 | employees of the Authority are subject to the Illinois
| ||||||
15 | Governmental Ethics Act, in accordance with its terms. | ||||||
16 | (Source: P.A. 100-1116, eff. 11-28-18.)
| ||||||
17 | (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
| ||||||
18 | Sec. 23.1. Affirmative action.
| ||||||
19 | (a) The Authority shall, within 90 days after the effective
| ||||||
20 | date of this amendatory Act of 1984, establish and maintain an | ||||||
21 | affirmative
action program designed to promote equal | ||||||
22 | employment opportunity and
eliminate the effects of past | ||||||
23 | discrimination. Such program shall include a
plan, including | ||||||
24 | timetables where appropriate, which shall specify goals
and | ||||||
25 | methods for increasing participation by women and minorities in
|
| |||||||
| |||||||
1 | employment, including employment related to the planning, | ||||||
2 | organization, and staging of the games, by the Authority and by | ||||||
3 | parties which contract with the Authority.
The Authority shall | ||||||
4 | submit a detailed plan with the General Assembly prior
to | ||||||
5 | September 1 of each year. Such program shall also establish | ||||||
6 | procedures and
sanctions, which the Authority shall enforce to
| ||||||
7 | ensure compliance with the plan established pursuant to this | ||||||
8 | Section and
with State and federal laws and regulations | ||||||
9 | relating to the employment of
women and minorities. A | ||||||
10 | determination by the Authority as to whether a
party to a | ||||||
11 | contract with the Authority has achieved the goals or employed
| ||||||
12 | the methods for increasing participation by women and | ||||||
13 | minorities shall be
determined in accordance with the terms of | ||||||
14 | such contracts or the applicable
provisions of rules and | ||||||
15 | regulations of the Authority existing at the time
such contract | ||||||
16 | was executed, including any provisions for consideration of
| ||||||
17 | good faith efforts at compliance which the Authority may | ||||||
18 | reasonably adopt.
| ||||||
19 | (b) The Authority shall adopt and maintain minority-owned | ||||||
20 | and women-owned
business enterprise procurement programs under | ||||||
21 | the affirmative
action program described in subsection (a) for | ||||||
22 | any and all work, including all contracting related to the | ||||||
23 | planning, organization, and staging of the games, undertaken
by | ||||||
24 | the Authority. That work shall include, but is not limited to, | ||||||
25 | the
purchase of professional services, construction services, | ||||||
26 | supplies,
materials, and equipment. The programs shall |
| |||||||
| |||||||
1 | establish goals of awarding
not less than 25% of the annual | ||||||
2 | dollar value of all contracts, purchase
orders, or other | ||||||
3 | agreements (collectively referred to as "contracts") to | ||||||
4 | minority-owned
businesses and 5% of the annual dollar value of | ||||||
5 | all
contracts to women-owned businesses. Without limiting the | ||||||
6 | generality of
the foregoing, the programs shall require in | ||||||
7 | connection with the
prequalification or consideration of | ||||||
8 | vendors for professional service
contracts, construction | ||||||
9 | contracts, and contracts for supplies, materials,
equipment, | ||||||
10 | and services that each proposer or bidder submit as part of his
| ||||||
11 | or her proposal or bid a commitment detailing how he or she | ||||||
12 | will expend 25%
or more of the dollar value of his or her | ||||||
13 | contracts with one or more minority-owned
businesses and 5% or | ||||||
14 | more of the dollar value with one or
more women-owned | ||||||
15 | businesses. Bids or proposals that do not include such
detailed | ||||||
16 | commitments are not responsive and shall be rejected unless the
| ||||||
17 | Authority deems it appropriate to grant a waiver of these | ||||||
18 | requirements. The Authority may consider waivers based on the | ||||||
19 | scope of work and availability of certified minority-owned and | ||||||
20 | women-owned businesses. In
addition the Authority may, in | ||||||
21 | connection with the selection of providers
of professional | ||||||
22 | services, reserve the right to select a minority-owned or | ||||||
23 | women-owned business or businesses to fulfill the commitment to | ||||||
24 | minority and woman
business participation. The commitment to | ||||||
25 | minority and woman
business participation may be met by the | ||||||
26 | contractor or professional service
provider's status as a |
| |||||||
| |||||||
1 | minority-owned or women-owned business, by joint venture
or by | ||||||
2 | subcontracting a portion of the work with or purchasing | ||||||
3 | materials for
the work from one or more such businesses, or by | ||||||
4 | any combination thereof.
Each contract shall require the | ||||||
5 | contractor or provider to submit a
certified monthly report | ||||||
6 | detailing the status of that contractor or
provider's | ||||||
7 | compliance with the Authority's minority-owned and women-owned
| ||||||
8 | business enterprise procurement program. The Authority, after | ||||||
9 | reviewing
the monthly reports of the contractors and providers, | ||||||
10 | shall
compile a comprehensive report regarding compliance with | ||||||
11 | this procurement
program and file it quarterly with the General | ||||||
12 | Assembly. If, in connection
with a particular contract, the | ||||||
13 | Authority determines that it is
impracticable or excessively | ||||||
14 | costly to obtain minority-owned or women-owned
businesses to | ||||||
15 | perform sufficient work to fulfill the commitment required by
| ||||||
16 | this subsection, the Authority shall reduce or waive the | ||||||
17 | commitment in the
contract, as may be appropriate. The | ||||||
18 | Authority shall establish rules and
regulations setting forth | ||||||
19 | the standards to be used in determining whether
or not a | ||||||
20 | reduction or waiver is appropriate. The terms "minority-owned
| ||||||
21 | business" and "women-owned business" have the meanings given to | ||||||
22 | those
terms in the Business Enterprise for Minorities, Women, | ||||||
23 | and Persons with Disabilities Act.
| ||||||
24 | (c) The Authority shall adopt and maintain an affirmative
| ||||||
25 | action program in connection with the hiring
of minorities and | ||||||
26 | women on the Expansion Project and on any and all
construction |
| |||||||
| |||||||
1 | projects, including all contracting related to the planning, | ||||||
2 | organization, and staging of the games, undertaken by the | ||||||
3 | Authority. The program shall be
designed to promote equal | ||||||
4 | employment opportunity and shall specify the
goals and methods | ||||||
5 | for increasing the participation of minorities and women
in a | ||||||
6 | representative mix of job classifications required to perform | ||||||
7 | the
respective contracts awarded by the Authority.
| ||||||
8 | (d) In connection with the Expansion Project, the Authority | ||||||
9 | shall
incorporate the following elements into its | ||||||
10 | minority-owned and women-owned
business procurement programs | ||||||
11 | to the extent feasible: (1) a major
contractors program that | ||||||
12 | permits minority-owned businesses and women-owned
businesses | ||||||
13 | to bear significant responsibility and risk for a portion of | ||||||
14 | the
project; (2) a mentor/protege program that provides | ||||||
15 | financial, technical,
managerial, equipment, and personnel | ||||||
16 | support to minority-owned businesses
and women-owned | ||||||
17 | businesses; (3) an emerging firms program that includes | ||||||
18 | minority-owned
businesses and women-owned businesses that | ||||||
19 | would not
otherwise qualify for the project due to inexperience | ||||||
20 | or limited resources;
(4) a small projects program that | ||||||
21 | includes participation by smaller minority-owned
businesses | ||||||
22 | and women-owned businesses on jobs where the
total dollar value | ||||||
23 | is $5,000,000 or less; and (5) a set-aside program that
will | ||||||
24 | identify contracts requiring the expenditure of funds less than
| ||||||
25 | $50,000 for bids to be submitted solely by minority-owned | ||||||
26 | businesses and women-owned
businesses.
|
| |||||||
| |||||||
1 | (e) The Authority is authorized to enter into agreements | ||||||
2 | with
contractors' associations, labor unions, and the | ||||||
3 | contractors working on the
Expansion Project to establish an | ||||||
4 | Apprenticeship Preparedness Training
Program to provide for an | ||||||
5 | increase in the number of minority and women
journeymen and | ||||||
6 | apprentices in the building trades and to enter into
agreements | ||||||
7 | with Community College District 508 to provide readiness | ||||||
8 | training.
The Authority is further authorized to enter into | ||||||
9 | contracts with public and
private educational institutions and | ||||||
10 | persons in the hospitality industry to
provide training for | ||||||
11 | employment in the hospitality industry.
| ||||||
12 | (f) McCormick Place Advisory Board. There is created a | ||||||
13 | McCormick Place
Advisory Board composed as follows:
2 members | ||||||
14 | shall be appointed by the Mayor of Chicago;
2 members shall be | ||||||
15 | appointed by the Governor;
2 members shall be State Senators | ||||||
16 | appointed by the President of the Senate;
2 members shall be | ||||||
17 | State Senators appointed by the Minority Leader of the
Senate;
| ||||||
18 | 2 members shall be State Representatives appointed by the | ||||||
19 | Speaker of the House
of Representatives; and
2 members shall be | ||||||
20 | State Representatives appointed by the Minority Leader of
the | ||||||
21 | House of Representatives.
The terms of all previously appointed | ||||||
22 | members of the Advisory Board expire on
the effective date of | ||||||
23 | this amendatory Act of the 92nd General Assembly. A
State | ||||||
24 | Senator or State Representative member may appoint a designee | ||||||
25 | to serve
on the McCormick Place Advisory Board in his or her | ||||||
26 | absence.
|
| |||||||
| |||||||
1 | A "member of a minority group" shall mean a person who is a | ||||||
2 | citizen or
lawful permanent resident of the United States and | ||||||
3 | who is any of the following:
| ||||||
4 | (1) American Indian or Alaska Native (a person having | ||||||
5 | origins in any of the original peoples of North and South | ||||||
6 | America, including Central America, and who maintains | ||||||
7 | tribal affiliation or community attachment). | ||||||
8 | (2) Asian (a person having origins in any of the | ||||||
9 | original peoples of the Far East, Southeast Asia, or the | ||||||
10 | Indian subcontinent, including, but not limited to, | ||||||
11 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
12 | the Philippine Islands, Thailand, and Vietnam). | ||||||
13 | (3) Black or African American (a person having origins | ||||||
14 | in any of the black racial groups of Africa). Terms such as | ||||||
15 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
16 | African American". | ||||||
17 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
18 | Puerto Rican, South or Central American, or other Spanish | ||||||
19 | culture or origin, regardless of race). | ||||||
20 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
21 | having origins in any of the original peoples of Hawaii, | ||||||
22 | Guam, Samoa, or other Pacific Islands).
| ||||||
23 | Members of the McCormick Place Advisory Board shall serve | ||||||
24 | 2-year terms
and until their successors are appointed, except | ||||||
25 | members who serve as a
result of their elected position whose | ||||||
26 | terms shall continue as long as
they hold their designated |
| |||||||
| |||||||
1 | elected positions. Vacancies shall be filled by
appointment for | ||||||
2 | the unexpired term in the same manner as original
appointments | ||||||
3 | are made. The McCormick Place Advisory Board shall elect
its | ||||||
4 | own chairperson.
| ||||||
5 | Members of the McCormick Place Advisory Board shall serve | ||||||
6 | without
compensation but, at the Authority's discretion, shall | ||||||
7 | be reimbursed for
necessary expenses in connection with the | ||||||
8 | performance of their duties.
| ||||||
9 | The McCormick Place Advisory Board shall meet quarterly, or | ||||||
10 | as needed,
shall produce any reports it deems necessary, and | ||||||
11 | shall:
| ||||||
12 | (1) Work with the Authority on ways to improve the area | ||||||
13 | physically
and economically;
| ||||||
14 | (2) Work with the Authority regarding potential means | ||||||
15 | for providing
increased economic opportunities to | ||||||
16 | minorities and women produced
indirectly or directly from | ||||||
17 | the construction and operation of the
Expansion Project;
| ||||||
18 | (3) Work with the Authority to minimize any potential | ||||||
19 | impact on the
area surrounding the McCormick Place | ||||||
20 | Expansion Project, including any
impact on minority-owned | ||||||
21 | or women-owned businesses, resulting from the
construction | ||||||
22 | and operation of the Expansion Project;
| ||||||
23 | (4) Work with the Authority to find candidates for | ||||||
24 | building trades
apprenticeships, for employment in the | ||||||
25 | hospitality industry, and to identify
job training | ||||||
26 | programs;
|
| |||||||
| |||||||
1 | (5) Work with the Authority to implement the provisions | ||||||
2 | of subsections
(a) through (e) of this Section in the | ||||||
3 | construction of the Expansion
Project, including the | ||||||
4 | Authority's goal of awarding not less than 25% and
5% of | ||||||
5 | the annual dollar value of contracts to minority-owned and | ||||||
6 | women-owned
businesses, the outreach program for | ||||||
7 | minorities and women, and the
mentor/protege program for | ||||||
8 | providing assistance to minority-owned and women-owned | ||||||
9 | businesses.
| ||||||
10 | (g) The Authority shall comply with subsection (e) of | ||||||
11 | Section 5-42 of the Olympic Games and Paralympic Games (2016) | ||||||
12 | Law. For purposes of this Section, the term "games" has the | ||||||
13 | meaning set forth in the Olympic Games and Paralympic Games | ||||||
14 | (2016) Law. | ||||||
15 | (h) In addition to the requirements specified in | ||||||
16 | subsections (a) through (e) of this Section, the Authority may | ||||||
17 | implement programs to encourage participation on its contracts | ||||||
18 | let for competitive bid by businesses owned by lesbian, gay, | ||||||
19 | bisexual, or transgender persons, businesses owned by persons | ||||||
20 | with disabilities, and veteran-owned businesses. | ||||||
21 | (Source: P.A. 100-391, eff. 8-25-17.)
| ||||||
22 | (70 ILCS 210/24) (from Ch. 85, par. 1244)
| ||||||
23 | Sec. 24.
All contracts for the sale of property of the | ||||||
24 | value of more
than $10,000 or for any concession in or lease of | ||||||
25 | property of
the Authority
for a term of more than one year |
| |||||||
| |||||||
1 | shall be awarded to the highest
responsible bidder, after | ||||||
2 | advertising for bids, except as may be
otherwise authorized by | ||||||
3 | this Act. All
construction
contracts, when the cost will exceed | ||||||
4 | $100,000 $30,000 , and contracts for supplies,
materials, | ||||||
5 | equipment and services,
when the cost thereof will exceed | ||||||
6 | $100,000 $10,000 , shall be let to the
lowest
responsible | ||||||
7 | bidder, after advertising for bids, excepting (1) when repair
| ||||||
8 | parts, accessories, equipment or services are required for | ||||||
9 | equipment or
services previously furnished or contracted for, | ||||||
10 | (2) professional services
contracted for in accordance with | ||||||
11 | Section 25.1 of this Act, (3) when
services such as water, | ||||||
12 | light, heat, power, telephone (other than
long-distance | ||||||
13 | service) or telegraph are required, (4) when contracts
for the | ||||||
14 | use, purchase, delivery, movement, or installation of data
| ||||||
15 | processing equipment, software, or services and | ||||||
16 | telecommunications
equipment, software, and services are | ||||||
17 | required, and (5) when the immediate
delivery of supplies, | ||||||
18 | materials, equipment, or services is required and (i) the
chief | ||||||
19 | executive officer determines that an emergency situation | ||||||
20 | exists; (ii) the
contract accepted is based on the lowest | ||||||
21 | responsible bid after the Authority
has made a diligent effort | ||||||
22 | to solicit multiple bids by telephone, facsimile, or
other
| ||||||
23 | efficient means; and (iii) the chief executive officer submits | ||||||
24 | a report at the
next regular Board meeting, to be ratified by | ||||||
25 | the Board and entered into the
official record, stating the | ||||||
26 | chief executive officer's reason for declaring an
emergency |
| |||||||
| |||||||
1 | situation, the names of the other parties solicited and their | ||||||
2 | bids,
and a copy of the contract awarded.
| ||||||
3 | All construction contracts involving less than $100,000 | ||||||
4 | $30,000 and all other
contracts involving less than $100,000 | ||||||
5 | $10,000 shall be let by
competitive
bidding whenever possible, | ||||||
6 | and in any event in a manner calculated to
insure the best | ||||||
7 | interests of the public.
| ||||||
8 | Each bidder shall disclose in his bid the name of each | ||||||
9 | individual having
a beneficial interest, directly or | ||||||
10 | indirectly, of more than 7 1/2% in such
bidding entity and, if | ||||||
11 | such bidding entity is a corporation, the names of
each of its | ||||||
12 | officers and directors. The bidder shall notify the Board of
| ||||||
13 | any changes in its ownership or its officers or directors at | ||||||
14 | the time such
changes occur if the change occurs during the | ||||||
15 | pendency of a proposal or a
contract.
| ||||||
16 | In determining the responsibility of any bidder, the Board | ||||||
17 | may take into
account past record of dealings with the bidder, | ||||||
18 | experience, adequacy of
equipment, ability to complete | ||||||
19 | performance within the time set, and other
factors besides | ||||||
20 | financial responsibility, but in no case shall any such
| ||||||
21 | contracts be awarded to any other than the highest bidder (in | ||||||
22 | case of sale
or concession or lease) or the lowest bidder (in | ||||||
23 | case of purchase or
expenditure) unless authorized or approved | ||||||
24 | by a vote of at least
three-fourths of the members of the | ||||||
25 | Board, and unless such action is
accompanied by a statement in | ||||||
26 | writing setting forth the reasons for not
awarding the contract |
| |||||||
| |||||||
1 | to the highest or lowest bidder, as the case may be,
which | ||||||
2 | statement shall be kept on file in the principal office of the
| ||||||
3 | Authority and open to public inspection.
| ||||||
4 | From the group of responsible bidders the lowest bidder | ||||||
5 | shall be
selected in the following manner: to all bids for | ||||||
6 | sales the gross receipts
of which are not taxable under the | ||||||
7 | "Retailers' Occupation Tax Act",
approved June 28, 1933, as | ||||||
8 | amended, there shall be added an amount equal
to the tax which | ||||||
9 | would be payable under said Act, if applicable, and the
lowest | ||||||
10 | in amount of said adjusted bids and bids for sales the gross
| ||||||
11 | receipts of which are taxable under said Act shall be | ||||||
12 | considered the lowest
bid; provided, that, if said lowest bid | ||||||
13 | relates to a sale not taxable under
said Act, any contract | ||||||
14 | entered into thereon shall be in the amount of the
original bid | ||||||
15 | not adjusted as aforesaid.
| ||||||
16 | Contracts shall not be split into parts involving | ||||||
17 | expenditures of less
than $100,000 $10,000 (or $30,000 in the | ||||||
18 | case of construction contracts)
for the purposes of avoiding | ||||||
19 | the provisions of this
Section, and
all such split contracts | ||||||
20 | shall be void. If any collusion occurs among
bidders or | ||||||
21 | prospective bidders in restraint of freedom of competition, by
| ||||||
22 | agreement to bid a fixed amount or to refrain from bidding, or | ||||||
23 | otherwise,
the bids of such bidders shall be void. Each bidder | ||||||
24 | shall accompany his bid
with a sworn statement that he has not | ||||||
25 | been a party to any such agreement.
| ||||||
26 | The Board shall have the right to reject all bids and to |
| |||||||
| |||||||
1 | readvertise for
bids. If after any such readvertisement no | ||||||
2 | responsible and satisfactory
bid, within the terms of the | ||||||
3 | advertisement, shall be received, the Board
may award such | ||||||
4 | contract without competitive bidding, provided that it shall
| ||||||
5 | not be less advantageous to the Authority than any valid bid | ||||||
6 | received
pursuant to advertisement.
| ||||||
7 | The Board shall adopt rules and regulations of general | ||||||
8 | application
within 90 days of the effective date of this | ||||||
9 | amendatory Act of 1985 to
carry into effect the provisions of | ||||||
10 | this Section. | ||||||
11 | This Section does not apply to any contract entered into by | ||||||
12 | the Authority under the Governmental Joint Purchasing Act if | ||||||
13 | the chief executive officer approves and executes the contract | ||||||
14 | and submits a report at the next regular Board meeting, to be | ||||||
15 | ratified by the Board and entered into the official record, | ||||||
16 | stating the terms and conditions of the contract.
| ||||||
17 | (Source: P.A. 91-422, eff. 1-1-00.)
| ||||||
18 | (70 ILCS 210/25.1) (from Ch. 85, par. 1245.1)
| ||||||
19 | Sec. 25.1.
(a) This Section applies to agreements described | ||||||
20 | in Section 5(h) and
contracts described in Section 5(j).
| ||||||
21 | (b) When the Authority proposes to enter into a contract or | ||||||
22 | agreement under
this Section, the Authority shall give public | ||||||
23 | notice soliciting proposals for
the contract or agreement by | ||||||
24 | publication at least twice in one or more daily
newspapers in | ||||||
25 | general circulation in the metropolitan area. The second notice
|
| |||||||
| |||||||
1 | shall be published not less than 10 days before the date on | ||||||
2 | which the Authority
expects to select the contractor. The | ||||||
3 | notice shall include a general
description of the nature of the | ||||||
4 | contract or agreement which the Authority is
seeking and the | ||||||
5 | procedure by which a person or firm interested in the contract
| ||||||
6 | or agreement may make its proposal to the Authority for | ||||||
7 | consideration for the
contract or agreement.
| ||||||
8 | A request for proposals must be extended to a sufficient | ||||||
9 | number of
prospective providers of the required services or | ||||||
10 | prospective bidders to
assure that public interest in | ||||||
11 | competition is adequately served.
| ||||||
12 | The provisions of this subsection (b) do not apply if:
| ||||||
13 | (1) the Authority concludes that there is a single | ||||||
14 | source of the
expertise or knowledge required or that one | ||||||
15 | person can clearly
perform the required tasks more | ||||||
16 | satisfactorily because of the person's
prior work; | ||||||
17 | however, this exemption shall be narrowly construed and | ||||||
18 | applies
only if a written report that details the reasons | ||||||
19 | for the exemption is entered
into the minutes of the | ||||||
20 | Authority and the Chairman has authorized in writing
| ||||||
21 | contract negotiations with the single source ; or
| ||||||
22 | (2) the service is to be provided by or the agreement | ||||||
23 | is with a State
agency, a federal agency, a political | ||||||
24 | subdivision of the State, or a
corporation organized under | ||||||
25 | the General Not For Profit Corporation Act of 1986;
or
| ||||||
26 | (3) within 60 days of the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of 1985,
the Authority enters into a written | ||||||
2 | contract for professional services of
the same kind with | ||||||
3 | any person providing such professional services as of
such | ||||||
4 | effective date.
| ||||||
5 | A request for proposals must contain a description of the | ||||||
6 | work to be
performed under the contract and the terms under | ||||||
7 | which the work is to be
performed or a description of the terms | ||||||
8 | of the agreement with respect to the
use or occupancy of the | ||||||
9 | grounds, buildings, or facilities. A request for
proposals must | ||||||
10 | contain that information necessary for a prospective | ||||||
11 | contractor
or bidder to submit a response or contain references | ||||||
12 | to any information that
cannot reasonably be included with the | ||||||
13 | request. The request for proposals must
provide a description | ||||||
14 | of the factors that will be considered by the Authority
when it | ||||||
15 | evaluates the proposals received.
| ||||||
16 | Nothing in this subsection limits the power of the | ||||||
17 | Authority to use
additional means that it may consider | ||||||
18 | appropriate to notify prospective
contractors or bidders that | ||||||
19 | it proposes to enter into a contract or agreement.
| ||||||
20 | (c) After the responses are submitted, the Authority shall | ||||||
21 | evaluate them.
Each proposal received must be evaluated using | ||||||
22 | the same factors as those set
out in the request for proposals.
| ||||||
23 | Any person that submits a response to a request for | ||||||
24 | proposals under this
Section shall disclose in the response the | ||||||
25 | name of each individual having a
beneficial interest directly | ||||||
26 | or indirectly of more than 7 1/2% in such
person and, if such |
| |||||||
| |||||||
1 | person is a corporation, the names of each of its officers
and | ||||||
2 | directors. The person shall notify the Board of any changes in | ||||||
3 | its
ownership or its officers or directors at the time such | ||||||
4 | changes occur if the
change occurs during the pendency of a | ||||||
5 | proposal or a contract.
| ||||||
6 | (d) All contracts and agreements under this Section, | ||||||
7 | whether or not exempted
hereunder, shall be authorized and | ||||||
8 | approved by the Board and shall be set forth
in a writing | ||||||
9 | executed by the contractor and the Authority. No payment shall | ||||||
10 | be
made under this Section until a written contract or | ||||||
11 | agreement shall be so
authorized, approved and executed, | ||||||
12 | provided that payments for professional
services may be made | ||||||
13 | without a written contract to persons providing such
services | ||||||
14 | to the Authority as of the effective date of this amendatory | ||||||
15 | Act of
1985 for sixty days from such date.
| ||||||
16 | (e) A copy of each contract or agreement (whether or not | ||||||
17 | exempted
hereunder) and the response, if any, to the request | ||||||
18 | for proposals upon which
the contract was awarded must be filed | ||||||
19 | with the Secretary of the Authority and
is required to be open | ||||||
20 | for public inspection. The request for proposals and the
name | ||||||
21 | and address of each person who submitted a response to it must | ||||||
22 | also
accompany the filed copies.
| ||||||
23 | (Source: P.A. 96-898, eff. 5-27-10.)
| ||||||
24 | (70 ILCS 210/25.4) | ||||||
25 | Sec. 25.4. Contracts for professional services. |
| |||||||
| |||||||
1 | (a) When the Authority proposes to enter into a contract or | ||||||
2 | agreement for professional services, other than the marketing | ||||||
3 | agreement required in Section 5.6, the Authority shall use a | ||||||
4 | request for proposal process in accordance with the Illinois | ||||||
5 | Procurement Code. | ||||||
6 | (b) Any person that submits a response to a request for | ||||||
7 | proposals under this Section shall disclose in the response the | ||||||
8 | name of each individual having a beneficial interest directly | ||||||
9 | or indirectly of more than 7 1/2% in such person and, if such | ||||||
10 | person is a corporation, the names of each of its officers and | ||||||
11 | directors. The person shall notify the Board of any changes in | ||||||
12 | its ownership or its officers or directors at the time such | ||||||
13 | changes occur if the change occurs during the pendency of a | ||||||
14 | proposal or a contract. | ||||||
15 | (c) All contracts and agreements under this Section shall | ||||||
16 | be authorized and approved by the Board and shall be set forth | ||||||
17 | in a writing executed by the contractor and the Authority. No | ||||||
18 | payment shall be made under this Section until a written | ||||||
19 | contract or agreement shall be so authorized, approved, and | ||||||
20 | executed. A copy of each contract or agreement (whether or not | ||||||
21 | exempted under this Section) and the response, if any, to the | ||||||
22 | request for proposals upon which the contract was awarded must | ||||||
23 | be filed with the Secretary of the Authority and is required to | ||||||
24 | be open for public inspection. | ||||||
25 | (d) This Section applies to (i) contracts in excess of | ||||||
26 | $100,000 $25,000 for professional services provided to the |
| |||||||
| |||||||
1 | Authority, including the services of accountants, architects, | ||||||
2 | attorneys, engineers, physicians, superintendents of | ||||||
3 | construction, financial advisors, bond trustees, and other | ||||||
4 | similar professionals possessing a high degree of skill and | ||||||
5 | (ii) contracts or bond purchase agreements in excess of $10,000 | ||||||
6 | with underwriters or investment bankers with respect to sale of | ||||||
7 | the Authority's bonds under this Act. This Section shall not | ||||||
8 | apply to contracts for professional services to be provided by, | ||||||
9 | or the agreement is with, a State agency, federal agency, or | ||||||
10 | unit of local government.
| ||||||
11 | (Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
| ||||||
12 | Section 70. The Fair and Exposition Authority | ||||||
13 | Reconstruction Act is amended by changing Sections 2, 3, and 8 | ||||||
14 | as follows:
| ||||||
15 | (70 ILCS 215/2) (from Ch. 85, par. 1250.2)
| ||||||
16 | Sec. 2. As used in this Act:
| ||||||
17 | "Authority" means the Metropolitan Public Pier and | ||||||
18 | Exposition Authority created
by the Metropolitan Public Pier | ||||||
19 | and Exposition Authority Act.
| ||||||
20 | "Board" means the governing and administrative body of the | ||||||
21 | Metropolitan
Public Pier and Exposition Authority.
| ||||||
22 | (Source: P.A. 87-895.)
| ||||||
23 | (70 ILCS 215/3) (from Ch. 85, par. 1250.3)
|
| |||||||
| |||||||
1 | Sec. 3. The Metropolitan Public Pier and Exposition
| ||||||
2 | Authority is authorized to borrow money and issue bonds in a
| ||||||
3 | total amount not to exceed $40,000,000 for the purpose of
| ||||||
4 | reconstructing the convention hall and exposition building
| ||||||
5 | known as McCormick Place. Such bonds shall be payable solely
| ||||||
6 | from funds received by the Authority from appropriations, if
| ||||||
7 | any, to be made to said Authority from time to time by future
| ||||||
8 | General Assemblies of the State of Illinois.
| ||||||
9 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
10 | (70 ILCS 215/8) (from Ch. 85, par. 1250.8)
| ||||||
11 | Sec. 8. Appropriations may be made
from time to time by the | ||||||
12 | General Assembly to the Metropolitan Public Pier and
Exposition | ||||||
13 | Authority for the payment of principal and interest of bonds of
| ||||||
14 | the Authority issued under the provisions of this Act and for | ||||||
15 | any other
lawful purpose of the Authority. Any and all of the | ||||||
16 | funds so received shall
be kept separate and apart from any and | ||||||
17 | all other funds of the Authority.
After there has been paid | ||||||
18 | into the Metropolitan Fair and Exposition
Authority | ||||||
19 | Reconstruction Fund in the State Treasury sufficient money,
| ||||||
20 | pursuant to this Section and Sections 2 and 29 of the Cigarette | ||||||
21 | Tax Act, to
retire all bonds payable from that Fund, the taxes | ||||||
22 | derived from Section 28
of the Illinois Horse Racing Act of | ||||||
23 | 1975 which were required to be paid
into that Fund pursuant to | ||||||
24 | that Act shall thereafter be paid into the
Metropolitan | ||||||
25 | Exposition, Auditorium and Office Building Fund in the
State |
| |||||||
| |||||||
1 | Treasury.
| ||||||
2 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
3 | Section 75. The Joliet Arsenal Development Authority Act is | ||||||
4 | amended by changing Section 40 as follows:
| ||||||
5 | (70 ILCS 508/40)
| ||||||
6 | Sec. 40. Acquisition.
| ||||||
7 | (a) The Authority may, but need not, acquire title to any
| ||||||
8 | project with respect to which it exercises its authority.
| ||||||
9 | (b) The Authority shall have power to acquire by purchase, | ||||||
10 | lease, gift, or
otherwise any property or rights therein from | ||||||
11 | any person, the
State of Illinois, any municipal corporation, | ||||||
12 | any local unit of government, the
government of the United | ||||||
13 | States, any agency or instrumentality of the
United States, any | ||||||
14 | body politic, or any county useful for its purposes, whether
| ||||||
15 | improved for the purposes of any prospective project or | ||||||
16 | unimproved. The
Authority may also accept any donation of funds | ||||||
17 | for its
purposes from any of those sources.
| ||||||
18 | (c) The Authority shall have power to develop, construct, | ||||||
19 | and improve,
either under its own direction or through | ||||||
20 | collaboration with any approved
applicant, or to acquire | ||||||
21 | through purchase or otherwise any project, using
for that | ||||||
22 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
23 | notes,
or other evidences of indebtedness or governmental loans | ||||||
24 | or grants, and to
hold title in the name of the Authority to |
| |||||||
| |||||||
1 | those projects.
| ||||||
2 | (d) The Authority shall have the power to enter into | ||||||
3 | intergovernmental
agreements with the State of Illinois, the | ||||||
4 | county of Will,
the Illinois Finance Authority,
the | ||||||
5 | Metropolitan Public Pier and Exposition
Authority, the United | ||||||
6 | States government, any agency or instrumentality
of the United | ||||||
7 | States, any unit of local government located within the
| ||||||
8 | territory of the Authority, or any other unit of government to | ||||||
9 | the extent
allowed by Article VII, Section 10 of the Illinois | ||||||
10 | Constitution and the
Intergovernmental Cooperation Act.
| ||||||
11 | (e) The Authority shall have the power to share employees | ||||||
12 | with other
units of government, including agencies of the | ||||||
13 | United States, agencies of
the State of Illinois, and agencies | ||||||
14 | or personnel of any unit of local
government.
| ||||||
15 | (f) Subject to subsection (i) of Section 35 of this Act, | ||||||
16 | the Authority shall
have the power to exercise powers and issue
| ||||||
17 | revenue bonds as if it were a municipality so authorized in | ||||||
18 | Divisions 12.1, 74,
74.1, 74.3, and 74.5 of Article 11 of the | ||||||
19 | Illinois Municipal Code.
| ||||||
20 | (g) All property owned by
the Joliet Arsenal Development | ||||||
21 | Authority is exempt from property taxes.
Any property owned by | ||||||
22 | the
Joliet Arsenal Development Authority and leased to an | ||||||
23 | entity that is not exempt
shall remain exempt. The leasehold | ||||||
24 | interest of the lessee shall be assessed
under Section 9-195 of | ||||||
25 | the Property Tax Code.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | Section 80. The Southwestern Illinois Development | ||||||
2 | Authority Act is amended by changing Section 8 as follows:
| ||||||
3 | (70 ILCS 520/8) (from Ch. 85, par. 6158)
| ||||||
4 | Sec. 8. (a) The Authority may, but need not, acquire title | ||||||
5 | to any
project with respect to which it exercises its | ||||||
6 | authority.
| ||||||
7 | (b) The Authority shall have power to acquire by purchase, | ||||||
8 | lease, gift or
otherwise any property or rights therein from | ||||||
9 | any person or persons, the
State of Illinois, any municipal | ||||||
10 | corporation, any local unit of government, the
government of | ||||||
11 | the United States and any agency or instrumentality of the
| ||||||
12 | United States, any body politic or any county useful for its | ||||||
13 | purposes, whether
improved for the purposes of any prospective | ||||||
14 | project or unimproved. The
Authority may also accept any | ||||||
15 | donation of funds for its purposes from any
such source. The | ||||||
16 | Authority may acquire any real property, or rights
therein, | ||||||
17 | upon condemnation. The acquisition by eminent domain of such | ||||||
18 | real
property or any interest therein by the Authority shall be | ||||||
19 | in the manner
provided by the Eminent Domain Act,
including | ||||||
20 | Article 20 thereof (quick-take power).
| ||||||
21 | The Authority shall not exercise any quick-take eminent | ||||||
22 | domain powers
granted by State law within the corporate limits | ||||||
23 | of a municipality unless the
governing authority of the | ||||||
24 | municipality authorizes the Authority to do so. The
Authority |
| |||||||
| |||||||
1 | shall not exercise any quick-take eminent domain powers granted | ||||||
2 | by
State law within the unincorporated areas of a county unless | ||||||
3 | the county board
authorizes the Authority to do so.
| ||||||
4 | (c) The Authority shall have power to develop, construct | ||||||
5 | and improve,
either under its own direction or through | ||||||
6 | collaboration with any approved
applicant, or to acquire | ||||||
7 | through purchase or otherwise any project, using
for such | ||||||
8 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
9 | notes
or other evidences of indebtedness or governmental loans | ||||||
10 | or grants and to
hold title in the name of the Authority to | ||||||
11 | such projects.
| ||||||
12 | (d) The Authority shall have the power to enter into | ||||||
13 | intergovernmental
agreements with the State of Illinois, the | ||||||
14 | counties of Madison or
St. Clair, the Southwest Regional Port | ||||||
15 | District, the Illinois
Finance Authority, the Illinois Housing | ||||||
16 | Development Authority, the Metropolitan
Public Pier and
| ||||||
17 | Exposition Authority, the United States government and any | ||||||
18 | agency or
instrumentality of the United States, the city of | ||||||
19 | East St. Louis, any unit
of local government located within the | ||||||
20 | territory of the Authority or any
other unit of government to | ||||||
21 | the extent allowed by Article VII, Section 10
of the Illinois | ||||||
22 | Constitution and the Intergovernmental Cooperation Act.
| ||||||
23 | (e) The Authority shall have the power to share employees | ||||||
24 | with other units
of government, including agencies of the | ||||||
25 | United States, agencies of the
State of Illinois and agencies | ||||||
26 | or personnel of any unit of local government.
|
| |||||||
| |||||||
1 | (f) The Authority shall have the power to exercise powers | ||||||
2 | and issue
bonds as if it were a municipality so authorized in | ||||||
3 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
4 | Illinois Municipal Code.
| ||||||
5 | (Source: P.A. 93-205, eff. 1-1-04; 94-1055, eff. 1-1-07.)
| ||||||
6 | Section 85. The Tri-County River Valley Development | ||||||
7 | Authority Law is amended by changing Section 2008 as follows:
| ||||||
8 | (70 ILCS 525/2008) (from Ch. 85, par. 7508)
| ||||||
9 | Sec. 2008. Acquisition.
| ||||||
10 | (a) The Authority may, but need not, acquire title to any
| ||||||
11 | project with respect to which it exercises its authority.
| ||||||
12 | (b) The Authority shall have power to acquire by purchase, | ||||||
13 | lease, gift or
otherwise any property or rights therein from | ||||||
14 | any person or persons, the
State of Illinois, any municipal | ||||||
15 | corporation, any local unit of government, the
government of | ||||||
16 | the United States and any agency or instrumentality of the
| ||||||
17 | United States, any body politic or any county useful for its | ||||||
18 | purposes, whether
improved for the purposes of any prospective | ||||||
19 | project or unimproved. The
Authority may also accept any | ||||||
20 | donation of funds for its
purposes from any such source.
| ||||||
21 | (c) The Authority shall have power to develop, construct | ||||||
22 | and improve,
either under its own direction or through | ||||||
23 | collaboration with any approved
applicant, or to acquire | ||||||
24 | through purchase or otherwise any project, using
for such |
| |||||||
| |||||||
1 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
2 | notes
or other evidences of indebtedness or governmental loans | ||||||
3 | or grants and to
hold title in the name of the Authority to | ||||||
4 | such projects.
| ||||||
5 | (d) The Authority shall have the power to enter into | ||||||
6 | intergovernmental
agreements with the State of Illinois, the | ||||||
7 | counties of Peoria, Tazewell or
Woodford, the Illinois Finance | ||||||
8 | Authority, the Illinois Housing
Development Authority, the
| ||||||
9 | Metropolitan Public Pier and Exposition Authority, the United | ||||||
10 | States government
and any agency or instrumentality of the | ||||||
11 | United States, any unit of local
government located within the | ||||||
12 | territory of the Authority or any other unit
of government to | ||||||
13 | the extent allowed by Article VII, Section 10 of the
Illinois | ||||||
14 | Constitution and the Intergovernmental Cooperation Act.
| ||||||
15 | (e) The Authority shall have the power to share employees | ||||||
16 | with other units
of government, including agencies of the | ||||||
17 | United States, agencies of the
State of Illinois and agencies | ||||||
18 | or personnel of any unit of local government.
| ||||||
19 | (f) The Authority shall have the power to exercise powers | ||||||
20 | and issue
bonds as if it were a municipality so authorized in | ||||||
21 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
22 | Illinois Municipal Code.
| ||||||
23 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
24 | Section 90. The Upper Illinois River Valley Development | ||||||
25 | Authority Act is amended by changing Section 8 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 530/8) (from Ch. 85, par. 7158)
| ||||||
2 | Sec. 8. Acquisition.
| ||||||
3 | (a) The Authority may, but need not, acquire
title to any | ||||||
4 | project with respect to which it exercises its authority.
| ||||||
5 | (b) The Authority shall have power to acquire by purchase, | ||||||
6 | lease, gift
or otherwise any property or rights therein from | ||||||
7 | any person or persons, the
State of Illinois, any municipal | ||||||
8 | corporation, any local unit of government,
the government of | ||||||
9 | the United States and any agency or instrumentality of
the | ||||||
10 | United States, any body politic or any county useful for its | ||||||
11 | purposes,
whether improved for the purposes of any prospective | ||||||
12 | project or unimproved.
The Authority may also accept any | ||||||
13 | donation of funds for its purposes from
any such source.
| ||||||
14 | (c) The Authority shall have power to develop, construct | ||||||
15 | and improve,
either under its own direction or through | ||||||
16 | collaboration with any approved
applicant, or to acquire | ||||||
17 | through purchase or otherwise any project, using
for such | ||||||
18 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
19 | notes
or other evidences of indebtedness or governmental loans | ||||||
20 | or grants and to
hold title in the name of the Authority to | ||||||
21 | such projects.
| ||||||
22 | (d) The Authority shall have the power to enter into | ||||||
23 | intergovernmental
agreements with the State of Illinois, the | ||||||
24 | counties of Grundy, LaSalle,
Bureau, Putnam or Marshall, the | ||||||
25 | Illinois Finance Authority, the
Illinois Housing Development |
| |||||||
| |||||||
1 | Authority, the Metropolitan Public Pier and Exposition | ||||||
2 | Authority, the
United States government and any agency or | ||||||
3 | instrumentality of the United
States, any unit of local | ||||||
4 | government located within the territory of the
Authority or any | ||||||
5 | other unit of government to the extent allowed by Article
VII, | ||||||
6 | Section 10 of the Illinois Constitution and the | ||||||
7 | Intergovernmental
Cooperation Act.
| ||||||
8 | (e) The Authority shall have the power to share employees | ||||||
9 | with other
units of government, including agencies of the | ||||||
10 | United States, agencies of
the State of Illinois and agencies | ||||||
11 | or personnel of any unit of local
government.
| ||||||
12 | (f) The Authority shall have the power to exercise powers | ||||||
13 | and issue
bonds as if it were a municipality so authorized in | ||||||
14 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
15 | Illinois Municipal Code.
| ||||||
16 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
17 | Section 95. The Will-Kankakee Regional Development | ||||||
18 | Authority Law is amended by changing Section 8 as follows:
| ||||||
19 | (70 ILCS 535/8) (from Ch. 85, par. 7458)
| ||||||
20 | Sec. 8. Acquisition.
| ||||||
21 | (a) The Authority may, but need not, acquire title to any
| ||||||
22 | project with respect to which it exercises its authority.
| ||||||
23 | (b) The Authority shall have power to acquire by purchase, | ||||||
24 | lease, gift or
otherwise any property or rights therein from |
| |||||||
| |||||||
1 | any person or persons, the
State of Illinois, any municipal | ||||||
2 | corporation, any local unit of government, the
government of | ||||||
3 | the United States and any agency or instrumentality of the
| ||||||
4 | United States, any body politic or any county useful for its | ||||||
5 | purposes, whether
improved for the purposes of any prospective | ||||||
6 | project or unimproved. The
Authority may also accept any | ||||||
7 | donation of funds for its
purposes from any such source.
| ||||||
8 | (c) The Authority shall have power to develop, construct | ||||||
9 | and improve,
either under its own direction or through | ||||||
10 | collaboration with any approved
applicant, or to acquire | ||||||
11 | through purchase or otherwise any project, using
for such | ||||||
12 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
13 | notes
or other evidences of indebtedness or governmental loans | ||||||
14 | or grants and to
hold title in the name of the Authority to | ||||||
15 | such projects.
| ||||||
16 | (d) The Authority shall have the power to enter into | ||||||
17 | intergovernmental
agreements with the State of Illinois, the | ||||||
18 | counties of Will and Kankakee,
the Illinois Finance Authority, | ||||||
19 | the Metropolitan Public Pier and Exposition
Authority, the | ||||||
20 | United States government and any agency or instrumentality
of | ||||||
21 | the United States, any unit of local government located within | ||||||
22 | the
territory of the Authority or any other unit of government | ||||||
23 | to the extent
allowed by Article VII, Section 10 of the | ||||||
24 | Illinois Constitution and the
Intergovernmental Cooperation | ||||||
25 | Act.
| ||||||
26 | (e) The Authority shall have the power to share employees |
| |||||||
| |||||||
1 | with other
units of government, including agencies of the | ||||||
2 | United States, agencies of
the State of Illinois and agencies | ||||||
3 | or personnel of any unit of local
government.
| ||||||
4 | (f) The Authority shall have the power to exercise powers | ||||||
5 | and issue
bonds as if it were a municipality so authorized in | ||||||
6 | Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the | ||||||
7 | Illinois Municipal Code.
| ||||||
8 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
9 | Section 100. The Park District Exposition Authority Lease | ||||||
10 | Act is amended by changing Sections 1 and 2 as follows:
| ||||||
11 | (70 ILCS 1560/1) (from Ch. 105, par. 327v6)
| ||||||
12 | Sec. 1.
The Commissioners of any park district located in | ||||||
13 | whole or in part
in any city having a population of 500,000 or | ||||||
14 | more are hereby authorized
and empowered to lease to a | ||||||
15 | Metropolitan Public Pier and Exposition Authority, for
a term | ||||||
16 | not exceeding 40 years, any parcel or parcels of land, not | ||||||
17 | exceeding
25% of the total park area of the park district, to | ||||||
18 | be maintained and
operated by the Metropolitan Public Pier and | ||||||
19 | Exposition Authority for its lawful
corporate purposes, | ||||||
20 | including the construction, operation and maintenance
of | ||||||
21 | auditoriums or exposition buildings. The park district shall | ||||||
22 | not thereby
divest itself of ownership of the land demised or | ||||||
23 | of its power to regulate
the land. The Commissioners of the | ||||||
24 | Chicago Park District shall not lease
any park property under |
| |||||||
| |||||||
1 | the provisions of this Act except property located
in Burnham | ||||||
2 | Park and shall not so lease more than 180 acres. The lease | ||||||
3 | shall
set out the terms and conditions, consistent with the | ||||||
4 | statutory powers and
duties of the lessor and lessee, upon | ||||||
5 | which the land so demised
may be used by the Authority, and may | ||||||
6 | provide for its renegotiation and
renewal for terms not to | ||||||
7 | exceed 40 years. Neither the lease
nor any renewal thereof | ||||||
8 | shall be finally terminated while there is
outstanding against | ||||||
9 | the Authority any unfunded bonded debt.
| ||||||
10 | (Source: P.A. 87-895.)
| ||||||
11 | (70 ILCS 1560/2) (from Ch. 105, par. 327v7)
| ||||||
12 | Sec. 2.
Upon the final termination of the original lease or | ||||||
13 | of any
renewal thereof, and subject to the provisions of | ||||||
14 | Section 1 of this Act,
the Authority, at the election of the | ||||||
15 | park district, shall cause to be
removed from the demised | ||||||
16 | premises the improvements constructed or installed
thereon by | ||||||
17 | it, and shall cause the demised premises to be returned, as
| ||||||
18 | nearly as practicably possible, to their condition at the | ||||||
19 | inception of the
original lease. If, at such time, the park | ||||||
20 | district elects to preserve the
improvements, it is hereby | ||||||
21 | authorized to maintain and operate the
improvements for the | ||||||
22 | same purposes as the Metropolitan Public Pier and Exposition
| ||||||
23 | Authority may be authorized to maintain and operate the | ||||||
24 | improvements at
that time.
| ||||||
25 | (Source: P.A. 87-895.)
|
| |||||||
| |||||||
1 | Section 105. The Illinois Sports Facilities Authority Act | ||||||
2 | is amended by changing Section 19 as follows:
| ||||||
3 | (70 ILCS 3205/19) (from Ch. 85, par. 6019)
| ||||||
4 | Sec. 19. Tax. The Authority may impose an occupation tax
| ||||||
5 | upon all persons engaged in the City of Chicago in the business | ||||||
6 | of renting,
leasing or letting rooms in a hotel, as defined in | ||||||
7 | The Hotel Operators'
Occupation Tax Act, at a rate not to | ||||||
8 | exceed 2% of the gross rental
receipts from the renting, | ||||||
9 | leasing or letting of hotel rooms located within
the City of | ||||||
10 | Chicago, excluding, however, from gross rental receipts, the
| ||||||
11 | proceeds of such renting, leasing or letting to permanent | ||||||
12 | residents of that
hotel and proceeds from the tax imposed under | ||||||
13 | subsection (c) of Section
13 of the Metropolitan Public Pier | ||||||
14 | and Exposition Authority Act.
| ||||||
15 | The tax imposed by the Authority pursuant to this Section | ||||||
16 | and all civil
penalties that may be assessed as an incident | ||||||
17 | thereof shall be collected and
enforced by the State Department | ||||||
18 | of Revenue. The certificate of registration
which is issued by | ||||||
19 | the Department to a lessor under The Hotel Operators'
| ||||||
20 | Occupation Tax Act shall permit such registrant to engage in a | ||||||
21 | business
which is taxable under any ordinance or resolution | ||||||
22 | enacted pursuant to this
Section without registering | ||||||
23 | separately with the Department under such ordinance
or | ||||||
24 | resolution or under this Section. The Department shall have |
| |||||||
| |||||||
1 | full power
to administer and enforce this Section; to collect | ||||||
2 | all taxes and penalties
due hereunder; to dispose of taxes and | ||||||
3 | penalties so collected in the manner
provided in this Section, | ||||||
4 | and to determine all rights to credit memoranda,
arising on | ||||||
5 | account of the erroneous payment of tax or penalty hereunder.
| ||||||
6 | In the administration of, and compliance with, this Section, | ||||||
7 | the Department
and persons who are subject to this Section | ||||||
8 | shall have the same rights,
remedies, privileges, immunities, | ||||||
9 | powers and duties, and be subject to the
same conditions, | ||||||
10 | restrictions, limitations, penalties and definitions of
terms, | ||||||
11 | and employ the same modes of procedure, as are prescribed in | ||||||
12 | The
Hotel Operators' Occupation Tax Act (except where that Act | ||||||
13 | is inconsistent
herewith), as the same is now or may hereafter | ||||||
14 | be amended, as fully as if
the provisions contained in The | ||||||
15 | Hotel Operators' Occupation Tax Act were
set forth herein.
| ||||||
16 | Whenever the Department determines that a refund should be | ||||||
17 | made under this
Section to a claimant instead of issuing a | ||||||
18 | credit memorandum, the Department
shall notify the State | ||||||
19 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
20 | amount specified, and to the person named, in such notification
| ||||||
21 | from the Department. Such refund shall be paid by the State | ||||||
22 | Treasurer out
of the amounts held by the State Treasurer as | ||||||
23 | trustee for the Authority.
| ||||||
24 | Persons subject to any tax imposed pursuant to authority | ||||||
25 | granted by this
Section may reimburse themselves for their tax | ||||||
26 | liability for such tax by
separately stating such tax as an |
| |||||||
| |||||||
1 | additional charge, which charge may be
stated in combination, | ||||||
2 | in a single amount, with State tax imposed under
The Hotel | ||||||
3 | Operators' Occupation Tax Act, the municipal tax imposed
under | ||||||
4 | Section 8-3-13 of the Illinois Municipal Code, and the tax | ||||||
5 | imposed
under Section 13 of the Metropolitan Public Pier and | ||||||
6 | Exposition Authority Act.
| ||||||
7 | The Department shall forthwith pay over to the State | ||||||
8 | Treasurer,
ex-officio, as trustee for the Authority, all taxes | ||||||
9 | and penalties collected
hereunder for deposit in a trust fund | ||||||
10 | outside the State Treasury. On or
before the 25th day of each | ||||||
11 | calendar month, the Department shall certify to
the Comptroller | ||||||
12 | the amount to be paid to or on behalf of the Authority from
| ||||||
13 | amounts collected hereunder by the Department, and deposited | ||||||
14 | into such
trust fund during the second preceding calendar | ||||||
15 | month. The amount to be
paid to or on behalf of the Authority | ||||||
16 | shall be the amount (not including
credit memoranda) collected | ||||||
17 | hereunder during such second preceding calendar
month by the | ||||||
18 | Department, less an amount equal to the amount of refunds
| ||||||
19 | authorized during such second preceding calendar month by the | ||||||
20 | Department on
behalf of the Authority, and less 4% of such | ||||||
21 | balance, which sum shall be
retained by the State Treasurer to | ||||||
22 | cover the costs incurred by the
Department in administering and | ||||||
23 | enforcing the provisions of this Section,
as provided herein. | ||||||
24 | Each such monthly certification by the Department
shall also | ||||||
25 | certify to the Comptroller the amount to be so retained by the
| ||||||
26 | State Treasurer for payment into the General Revenue Fund of |
| |||||||
| |||||||
1 | the State
Treasury.
| ||||||
2 | Each monthly certification by the Department shall | ||||||
3 | certify, of the
amount paid to or on behalf of the Authority, | ||||||
4 | (i) the portion to be paid to
the Authority, (ii) the portion | ||||||
5 | to be paid into the General Revenue
Fund
of the State Treasury | ||||||
6 | on behalf of the Authority as repayment of amounts
advanced to | ||||||
7 | the Authority pursuant to appropriation from the
Illinois
| ||||||
8 | Sports Facilities Fund.
| ||||||
9 | With respect to each State fiscal year, of the total amount | ||||||
10 | to be paid to
or on behalf of the Authority, the Department | ||||||
11 | shall certify that payments
shall first be made directly to the | ||||||
12 | Authority in an amount equal to any
difference between the | ||||||
13 | annual amount certified by the Chairman of the
Authority | ||||||
14 | pursuant to Section 8.25-4 of the State Finance Act and the
| ||||||
15 | amount appropriated to the Authority from the Illinois Sports | ||||||
16 | Facilities
Fund. Next, the Department shall certify that | ||||||
17 | payment shall be made into
the General Revenue Fund of the | ||||||
18 | State Treasury in an amount equal to the
difference between (i) | ||||||
19 | the lesser of (x) the amount appropriated from the
Illinois | ||||||
20 | Sports Facilities Fund to the Authority and (y) the annual | ||||||
21 | amount
certified by the Chairman of the Authority pursuant to | ||||||
22 | Section 8.25-4 of
the State Finance Act and (ii) $10,000,000.
| ||||||
23 | The Department shall certify
that all additional amounts shall | ||||||
24 | be paid to the Authority and used for its
corporate purposes.
| ||||||
25 | Within 10 days after receipt, by the Comptroller, of the | ||||||
26 | Department's
monthly certification of amounts to be paid to or |
| |||||||
| |||||||
1 | on behalf of the
Authority and amounts to be paid into the | ||||||
2 | General Revenue Fund, the
Comptroller shall cause the warrants | ||||||
3 | to be drawn for the respective amounts
in accordance with the | ||||||
4 | directions contained in such certification.
| ||||||
5 | Amounts collected by the Department and paid to the | ||||||
6 | Authority pursuant
to this Section shall be used for the | ||||||
7 | corporate purposes of the Authority.
On June 15, 1992 and on | ||||||
8 | each June 15 thereafter, the Authority shall repay
to the State | ||||||
9 | Treasurer all amounts paid to it under this Section and
| ||||||
10 | otherwise remaining available to the Authority after providing | ||||||
11 | for (i)
payment of principal and interest on, and other | ||||||
12 | payments related to, its
obligations issued or to be issued | ||||||
13 | under Section 13 of the Act, including
any deposits required to | ||||||
14 | reserve funds created under any indenture or
resolution | ||||||
15 | authorizing issuance of the obligations and payments to | ||||||
16 | providers
of credit enhancement, (ii) payment of obligations | ||||||
17 | under the provisions of
any management agreement with respect | ||||||
18 | to a facility or facilities owned by
the Authority or of any | ||||||
19 | assistance agreement with respect to any facility for
which | ||||||
20 | financial assistance is provided under this Act, and payment of | ||||||
21 | other
capital and operating expenses of the
Authority, | ||||||
22 | including any deposits required to reserve funds created for
| ||||||
23 | repair and replacement of capital assets and to meet the | ||||||
24 | obligations of the
Authority under any management agreement or | ||||||
25 | assistance agreement. Amounts
repaid by the Authority
to the | ||||||
26 | State Treasurer hereunder shall be treated as repayment of |
| |||||||
| |||||||
1 | amounts
deposited into the Illinois Sports Facilities Fund and | ||||||
2 | credited to the
Subsidy Account and used for the corporate | ||||||
3 | purposes of the Authority.
The State Treasurer shall deposit | ||||||
4 | $5,000,000 of
the amount received into the General Revenue | ||||||
5 | Fund; thereafter, at the
beginning of each fiscal year the | ||||||
6 | State Treasurer shall
certify to the State Comptroller for all | ||||||
7 | prior fiscal years the cumulative
amount of any deficiencies in | ||||||
8 | repayments to the City of Chicago of amounts in
the Local | ||||||
9 | Government Distributive Fund that would otherwise have been | ||||||
10 | allocated
to the City of Chicago under the State Revenue | ||||||
11 | Sharing Act but instead were
paid into the General Revenue Fund | ||||||
12 | under Section 6 of the Hotel Operators'
Occupation Tax Act and | ||||||
13 | that have not been reimbursed, and the Comptroller
shall, | ||||||
14 | during the fiscal
year at the beginning of which the | ||||||
15 | certification was made, cause warrants to be
drawn from the | ||||||
16 | amount received for the repayment of that cumulative amount to
| ||||||
17 | the City of Chicago until
that cumulative amount has been fully | ||||||
18 | reimbursed; thereafter, the State
Treasurer shall deposit the
| ||||||
19 | balance of the amount received into the trust fund established | ||||||
20 | outside the
State Treasury under
subsection (g) of Section 13 | ||||||
21 | of the Metropolitan Public Pier and Exposition
Authority Act.
| ||||||
22 | Nothing in this Section shall be construed to authorize the | ||||||
23 | Authority
to impose a tax upon the privilege of engaging in any | ||||||
24 | business which under
the constitution of the United States may | ||||||
25 | not be made the subject of taxation
by this State.
| ||||||
26 | An ordinance or resolution imposing or discontinuing a tax |
| |||||||
| |||||||
1 | hereunder or
effecting a change in the rate thereof shall be | ||||||
2 | effective on the first day
of the second calendar month next | ||||||
3 | following the month in which the
ordinance or resolution is | ||||||
4 | passed.
| ||||||
5 | If the Authority levies a tax authorized by this Section it | ||||||
6 | shall
transmit to the Department of Revenue not later than 5 | ||||||
7 | days after the
adoption of the ordinance or resolution a | ||||||
8 | certified copy of the ordinance
or resolution imposing such tax | ||||||
9 | whereupon the Department of Revenue shall
proceed to administer | ||||||
10 | and enforce this Section on behalf of the Authority.
Upon a | ||||||
11 | change in rate of a tax levied hereunder, or upon the | ||||||
12 | discontinuance
of the tax, the Authority shall not later than 5 | ||||||
13 | days after the effective
date of the ordinance or resolution | ||||||
14 | discontinuing the tax or effecting a
change in rate transmit to | ||||||
15 | the Department of Revenue a certified copy of
the ordinance or | ||||||
16 | resolution effecting such change or discontinuance.
| ||||||
17 | (Source: P.A. 91-935, eff. 6-1-01.)
| ||||||
18 | Section 110. The Liquor Control Act of 1934 is amended by | ||||||
19 | changing Section 6-15 as follows:
| ||||||
20 | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||||||
21 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
22 | in any
building belonging to or under the control of the State | ||||||
23 | or any political
subdivision thereof except as provided in this | ||||||
24 | Act. The corporate
authorities of any city, village, |
| |||||||
| |||||||
1 | incorporated town, township, or county may provide by
| ||||||
2 | ordinance, however, that alcoholic liquor may be sold or | ||||||
3 | delivered in any
specifically designated building belonging to | ||||||
4 | or under the control of the
municipality, township, or county, | ||||||
5 | or in any building located on land under the
control of the | ||||||
6 | municipality, township, or county; provided that such township | ||||||
7 | or county complies with all
applicable local ordinances in any | ||||||
8 | incorporated area of the township or county.
Alcoholic liquor | ||||||
9 | may be delivered to and sold under the authority of a special | ||||||
10 | use permit on any property owned by a conservation district | ||||||
11 | organized under the Conservation District Act, provided that | ||||||
12 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
13 | the governing board of the conservation district, (ii) the | ||||||
14 | issuance of the special use permit is authorized by the local | ||||||
15 | liquor control commissioner of the territory in which the | ||||||
16 | property is located, and (iii) the special use permit | ||||||
17 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
18 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
19 | belonging to
or under the control of a municipality of more | ||||||
20 | than 25,000 inhabitants, or
in any building or on any golf | ||||||
21 | course owned by a park district organized under
the Park | ||||||
22 | District
Code, subject to the approval of the governing board | ||||||
23 | of the district, or
in any building or on any golf course owned | ||||||
24 | by a forest preserve district
organized under the Downstate | ||||||
25 | Forest Preserve District Act, subject to the
approval of the | ||||||
26 | governing board of the district, or on the grounds
within 500 |
| |||||||
| |||||||
1 | feet of any building owned by a forest preserve district
| ||||||
2 | organized under the Downstate Forest Preserve District Act | ||||||
3 | during
times when food is dispensed for consumption within
500 | ||||||
4 | feet of the building from which the food is dispensed,
subject | ||||||
5 | to the
approval of the
governing board of the district, or in a | ||||||
6 | building owned by a Local Mass
Transit District organized under | ||||||
7 | the Local Mass Transit District Act, subject
to the approval of | ||||||
8 | the governing Board of the District, or in Bicentennial
Park, | ||||||
9 | or
on the premises of the City of Mendota Lake Park
located | ||||||
10 | adjacent to Route 51 in Mendota, Illinois, or on the premises | ||||||
11 | of
Camden Park in Milan, Illinois, or in the community center | ||||||
12 | owned by the
City of Loves Park that is located at 1000 River | ||||||
13 | Park Drive in Loves Park,
Illinois, or, in connection with the | ||||||
14 | operation of an established food
serving facility during times | ||||||
15 | when food is dispensed for consumption on the
premises, and at | ||||||
16 | the following aquarium and museums located in public
parks: Art | ||||||
17 | Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||||||
18 | Historical Society, Field Museum of Natural History, Museum of | ||||||
19 | Science and
Industry, DuSable Museum of African American | ||||||
20 | History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||||||
21 | Lakeview Museum of Arts and Sciences
in Peoria, or in | ||||||
22 | connection with the operation of the facilities of the
Chicago | ||||||
23 | Zoological Society or the Chicago Horticultural Society on land
| ||||||
24 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
25 | land used for a golf course or for recreational purposes
owned | ||||||
26 | by the Forest Preserve District of Cook County, subject to the |
| |||||||
| |||||||
1 | control
of the Forest Preserve District Board of Commissioners | ||||||
2 | and applicable local
law, provided that dram shop liability | ||||||
3 | insurance is provided at
maximum coverage limits so as to hold | ||||||
4 | the
District harmless from all financial loss, damage, and | ||||||
5 | harm,
or in any building
located on land owned by the Chicago | ||||||
6 | Park District if approved by the Park
District Commissioners, | ||||||
7 | or on any land used for a golf course or for
recreational | ||||||
8 | purposes and owned by the Illinois International Port District | ||||||
9 | if
approved by the District's governing board, or at any | ||||||
10 | airport, golf course,
faculty center, or
facility in which | ||||||
11 | conference and convention type activities take place
belonging | ||||||
12 | to or under control of any State university or public community
| ||||||
13 | college district, provided that with respect to a facility for | ||||||
14 | conference
and convention type activities alcoholic liquors | ||||||
15 | shall be limited to the
use of the convention or conference | ||||||
16 | participants or participants
in cultural, political or | ||||||
17 | educational activities held in such facilities,
and provided | ||||||
18 | further that the faculty or staff of the State university or
a | ||||||
19 | public community college district, or members of an | ||||||
20 | organization of
students, alumni, faculty or staff of the State | ||||||
21 | university or a public
community college district are active | ||||||
22 | participants in the conference
or convention, or in Memorial | ||||||
23 | Stadium on the campus of the University of
Illinois at | ||||||
24 | Urbana-Champaign during games in which the
Chicago Bears | ||||||
25 | professional football team is playing in that stadium during | ||||||
26 | the
renovation of Soldier Field, not more than one and a half |
| |||||||
| |||||||
1 | hours before the
start of the game and not after the end of the | ||||||
2 | third quarter of the game,
or in the Pavilion Facility on the | ||||||
3 | campus of the University of Illinois at Chicago during games in | ||||||
4 | which the Chicago Storm professional soccer team is playing in | ||||||
5 | that facility, not more than one and a half hours before the | ||||||
6 | start of the game and not after the end of the third quarter of | ||||||
7 | the game, or in the Pavilion Facility on the campus of the | ||||||
8 | University of Illinois at Chicago during games in which the | ||||||
9 | WNBA professional women's basketball team is playing in that | ||||||
10 | facility, not more than one and a half hours before the start | ||||||
11 | of the game and not after the 10-minute mark of the second half | ||||||
12 | of the game, or by a catering establishment which has rented | ||||||
13 | facilities
from a board of trustees of a public community | ||||||
14 | college district, or in a restaurant that is operated by a | ||||||
15 | commercial tenant in the North Campus Parking Deck building | ||||||
16 | that (1) is located at 1201 West University Avenue, Urbana, | ||||||
17 | Illinois and (2) is owned by the Board of Trustees of the | ||||||
18 | University of Illinois, or, if
approved by the District board, | ||||||
19 | on land owned by the Metropolitan Sanitary
District of Greater | ||||||
20 | Chicago and leased to others for a term of at least
20 years. | ||||||
21 | Nothing in this Section precludes the sale or delivery of
| ||||||
22 | alcoholic liquor in the form of original packaged goods in | ||||||
23 | premises located
at 500 S. Racine in Chicago belonging to the | ||||||
24 | University of Illinois and
used primarily as a grocery store by | ||||||
25 | a commercial tenant during the term of
a lease that predates | ||||||
26 | the University's acquisition of the premises; but the
|
| |||||||
| |||||||
1 | University shall have no power or authority to renew, transfer, | ||||||
2 | or extend
the lease with terms allowing the sale of alcoholic | ||||||
3 | liquor; and the sale of
alcoholic liquor shall be subject to | ||||||
4 | all local laws and regulations.
After the acquisition by | ||||||
5 | Winnebago County of the property located at 404
Elm Street in | ||||||
6 | Rockford, a commercial tenant who sold alcoholic liquor at
| ||||||
7 | retail on a portion of the property under a valid license at | ||||||
8 | the time of
the acquisition may continue to do so for so long | ||||||
9 | as the tenant and the
County may agree under existing or future | ||||||
10 | leases, subject to all local laws
and regulations regarding the | ||||||
11 | sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||||||
12 | and sold at Memorial Hall, located at 211 North Main Street, | ||||||
13 | Rockford, under conditions approved by Winnebago County and | ||||||
14 | subject to all local laws and regulations regarding the sale of | ||||||
15 | alcoholic liquor. Each
facility shall provide dram shop | ||||||
16 | liability in maximum insurance coverage
limits so as to save | ||||||
17 | harmless the State, municipality, State university,
airport, | ||||||
18 | golf course, faculty center, facility in which conference and
| ||||||
19 | convention type activities take place, park district, Forest | ||||||
20 | Preserve
District, public community college district, | ||||||
21 | aquarium, museum, or sanitary
district from all financial loss, | ||||||
22 | damage or harm. Alcoholic liquors may be
sold at retail in | ||||||
23 | buildings of golf courses owned by municipalities or Illinois | ||||||
24 | State University in
connection with the operation of an | ||||||
25 | established food serving facility
during times when food is | ||||||
26 | dispensed for consumption upon the premises.
Alcoholic liquors |
| |||||||
| |||||||
1 | may be delivered to and sold at retail in any building
owned by | ||||||
2 | a fire protection district organized under the Fire Protection
| ||||||
3 | District Act, provided that such delivery and sale is approved | ||||||
4 | by the board
of trustees of the district, and provided further | ||||||
5 | that such delivery and
sale is limited to fundraising events | ||||||
6 | and to a maximum of 6 events per year. However, the limitation | ||||||
7 | to fundraising events and to a maximum of 6 events per year | ||||||
8 | does not apply to the delivery, sale, or manufacture of | ||||||
9 | alcoholic liquors at the building located at 59 Main Street in | ||||||
10 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
11 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
12 | Oswego Fire Protection District and the property is no longer | ||||||
13 | being utilized for fire protection purposes.
| ||||||
14 | Alcoholic liquors may be served or sold in buildings under | ||||||
15 | the control of the Board of Trustees of the University of | ||||||
16 | Illinois for events that the Board may determine are public | ||||||
17 | events and not related student activities. The Board of | ||||||
18 | Trustees shall issue a written policy within 6 months of August | ||||||
19 | 15, 2008 (the effective date of Public Act 95-847) concerning | ||||||
20 | the types of events that would be eligible for an exemption. | ||||||
21 | Thereafter, the Board of Trustees may issue revised, updated, | ||||||
22 | new, or amended policies as it deems necessary and appropriate. | ||||||
23 | In preparing its written policy, the Board of Trustees shall, | ||||||
24 | among other factors it considers relevant and important, give | ||||||
25 | consideration to the following: (i) whether the event is a | ||||||
26 | student activity or student related activity; (ii) whether the |
| |||||||
| |||||||
1 | physical setting of the event is conducive to control of liquor | ||||||
2 | sales and distribution; (iii) the ability of the event operator | ||||||
3 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
4 | demeanor of the participants are in accordance with State law | ||||||
5 | and University policies; (iv) regarding the anticipated | ||||||
6 | attendees at the event, the relative proportion of individuals | ||||||
7 | under the age of 21 to individuals age 21 or older; (v) the | ||||||
8 | ability of the venue operator to prevent the sale or | ||||||
9 | distribution of alcoholic liquors to individuals under the age | ||||||
10 | of 21; (vi) whether the event prohibits participants from | ||||||
11 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
12 | the event prohibits participants from providing their own | ||||||
13 | alcoholic liquors to the venue. In addition, any policy | ||||||
14 | submitted by the Board of Trustees to the Illinois Liquor | ||||||
15 | Control Commission must require that any event at which | ||||||
16 | alcoholic liquors are served or sold in buildings under the | ||||||
17 | control of the Board of Trustees shall require the prior | ||||||
18 | written approval of the Office of the Chancellor for the | ||||||
19 | University campus where the event is located. The Board of | ||||||
20 | Trustees shall submit its policy, and any subsequently revised, | ||||||
21 | updated, new, or amended policies, to the Illinois Liquor | ||||||
22 | Control Commission, and any University event, or location for | ||||||
23 | an event, exempted under such policies shall apply for a | ||||||
24 | license under the applicable Sections of this Act. | ||||||
25 | Alcoholic liquors may be served or sold in buildings under
| ||||||
26 | the control of the Board of Trustees of Northern Illinois |
| |||||||
| |||||||
1 | University
for events that the Board may determine are public
| ||||||
2 | events and not student-related activities. The Board of
| ||||||
3 | Trustees shall issue a written policy within 6 months after | ||||||
4 | June 28, 2011 (the
effective date of Public Act 97-45) | ||||||
5 | concerning the types of events that would be eligible
for an | ||||||
6 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
7 | updated, new, or amended policies as it deems
necessary and | ||||||
8 | appropriate. In preparing its written policy, the
Board of | ||||||
9 | Trustees shall, in addition to other factors it considers
| ||||||
10 | relevant and important, give consideration to the following:
| ||||||
11 | (i) whether the event is a student activity or student-related
| ||||||
12 | activity; (ii) whether the physical setting of the event is
| ||||||
13 | conducive to control of liquor sales and distribution; (iii)
| ||||||
14 | the ability of the event operator to ensure that the sale or
| ||||||
15 | serving of alcoholic liquors and the demeanor of the
| ||||||
16 | participants are in accordance with State law and University
| ||||||
17 | policies; (iv) the anticipated attendees at the
event and the | ||||||
18 | relative proportion of individuals under the age of
21 to | ||||||
19 | individuals age 21 or older; (v) the ability of the venue
| ||||||
20 | operator to prevent the sale or distribution of alcoholic
| ||||||
21 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
22 | event prohibits participants from removing alcoholic beverages
| ||||||
23 | from the venue; and (vii) whether the event prohibits
| ||||||
24 | participants from providing their own alcoholic liquors to the
| ||||||
25 | venue. | ||||||
26 | Alcoholic liquors may be served or sold in buildings under |
| |||||||
| |||||||
1 | the control of the Board of Trustees of Chicago State | ||||||
2 | University for events that the Board may determine are public | ||||||
3 | events and not student-related activities. The Board of | ||||||
4 | Trustees shall issue a written policy within 6 months after | ||||||
5 | August 2, 2013 (the effective date of Public Act 98-132) | ||||||
6 | concerning the types of events that would be eligible for an | ||||||
7 | exemption. Thereafter, the Board of Trustees may issue revised, | ||||||
8 | updated, new, or amended policies as it deems necessary and | ||||||
9 | appropriate. In preparing its written policy, the Board of | ||||||
10 | Trustees shall, in addition to other factors it considers | ||||||
11 | relevant and important, give consideration to the following: | ||||||
12 | (i) whether the event is a student activity or student-related | ||||||
13 | activity; (ii) whether the physical setting of the event is | ||||||
14 | conducive to control of liquor sales and distribution; (iii) | ||||||
15 | the ability of the event operator to ensure that the sale or | ||||||
16 | serving of alcoholic liquors and the demeanor of the | ||||||
17 | participants are in accordance with State law and University | ||||||
18 | policies; (iv) the anticipated attendees at the event and the | ||||||
19 | relative proportion of individuals under the age of 21 to | ||||||
20 | individuals age 21 or older; (v) the ability of the venue | ||||||
21 | operator to prevent the sale or distribution of alcoholic | ||||||
22 | liquors to individuals under the age of 21; (vi) whether the | ||||||
23 | event prohibits participants from removing alcoholic beverages | ||||||
24 | from the venue; and (vii) whether the event prohibits | ||||||
25 | participants from providing their own alcoholic liquors to the | ||||||
26 | venue. |
| |||||||
| |||||||
1 | Alcoholic liquors may be served or sold in buildings under
| ||||||
2 | the control of the Board of Trustees of Illinois State | ||||||
3 | University
for events that the Board may determine are public
| ||||||
4 | events and not student-related activities. The Board of
| ||||||
5 | Trustees shall issue a written policy within 6 months after | ||||||
6 | March 1, 2013 (the effective date of Public Act 97-1166) | ||||||
7 | concerning the types of events that would be eligible
for an | ||||||
8 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
9 | updated, new, or amended policies as it deems
necessary and | ||||||
10 | appropriate. In preparing its written policy, the
Board of | ||||||
11 | Trustees shall, in addition to other factors it considers
| ||||||
12 | relevant and important, give consideration to the following:
| ||||||
13 | (i) whether the event is a student activity or student-related
| ||||||
14 | activity; (ii) whether the physical setting of the event is
| ||||||
15 | conducive to control of liquor sales and distribution; (iii)
| ||||||
16 | the ability of the event operator to ensure that the sale or
| ||||||
17 | serving of alcoholic liquors and the demeanor of the
| ||||||
18 | participants are in accordance with State law and University
| ||||||
19 | policies; (iv) the anticipated attendees at the
event and the | ||||||
20 | relative proportion of individuals under the age of
21 to | ||||||
21 | individuals age 21 or older; (v) the ability of the venue
| ||||||
22 | operator to prevent the sale or distribution of alcoholic
| ||||||
23 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
24 | event prohibits participants from removing alcoholic beverages
| ||||||
25 | from the venue; and (vii) whether the event prohibits
| ||||||
26 | participants from providing their own alcoholic liquors to the
|
| |||||||
| |||||||
1 | venue. | ||||||
2 | Alcoholic liquors may be served or sold in buildings under | ||||||
3 | the control of the Board of Trustees of Southern Illinois | ||||||
4 | University for events that the Board may determine are public | ||||||
5 | events and not student-related activities. The Board of | ||||||
6 | Trustees shall issue a written policy within 6 months after | ||||||
7 | August 12, 2016 (the effective date of Public Act 99-795) | ||||||
8 | concerning the types of events that would be eligible for an | ||||||
9 | exemption. Thereafter, the Board of Trustees may issue revised, | ||||||
10 | updated, new, or amended policies as it deems necessary and | ||||||
11 | appropriate. In preparing its written policy, the Board of | ||||||
12 | Trustees shall, in addition to other factors it considers | ||||||
13 | relevant and important, give consideration to the following: | ||||||
14 | (i) whether the event is a student activity or student-related | ||||||
15 | activity; (ii) whether the physical setting of the event is | ||||||
16 | conducive to control of liquor sales and distribution; (iii) | ||||||
17 | the ability of the event operator to ensure that the sale or | ||||||
18 | serving of alcoholic liquors and the demeanor of the | ||||||
19 | participants are in accordance with State law and University | ||||||
20 | policies; (iv) the anticipated attendees at the event and the | ||||||
21 | relative proportion of individuals under the age of 21 to | ||||||
22 | individuals age 21 or older; (v) the ability of the venue | ||||||
23 | operator to prevent the sale or distribution of alcoholic | ||||||
24 | liquors to individuals under the age of 21; (vi) whether the | ||||||
25 | event prohibits participants from removing alcoholic beverages | ||||||
26 | from the venue; and (vii) whether the event prohibits |
| |||||||
| |||||||
1 | participants from providing their own alcoholic liquors to the | ||||||
2 | venue. | ||||||
3 | Alcoholic liquors may be served or sold in buildings under | ||||||
4 | the control of the Board of Trustees of a public university for | ||||||
5 | events that the Board of Trustees of that public university may | ||||||
6 | determine are public events and not student-related | ||||||
7 | activities. If the Board of Trustees of a public university has | ||||||
8 | not issued a written policy pursuant to an exemption under this | ||||||
9 | Section on or before July 15, 2016 (the effective date of | ||||||
10 | Public Act 99-550), then that Board of Trustees shall issue a | ||||||
11 | written policy within 6 months after July 15, 2016 (the | ||||||
12 | effective date of Public Act 99-550) concerning the types of | ||||||
13 | events that would be eligible for an exemption. Thereafter, the | ||||||
14 | Board of Trustees may issue revised, updated, new, or amended | ||||||
15 | policies as it deems necessary and appropriate. In preparing | ||||||
16 | its written policy, the Board of Trustees shall, in addition to | ||||||
17 | other factors it considers relevant and important, give | ||||||
18 | consideration to the following: (i) whether the event is a | ||||||
19 | student activity or student-related activity; (ii) whether the | ||||||
20 | physical setting of the event is conducive to control of liquor | ||||||
21 | sales and distribution; (iii) the ability of the event operator | ||||||
22 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
23 | demeanor of the participants are in accordance with State law | ||||||
24 | and University policies; (iv) the anticipated attendees at the | ||||||
25 | event and the relative proportion of individuals under the age | ||||||
26 | of 21 to individuals age 21 or older; (v) the ability of the |
| |||||||
| |||||||
1 | venue operator to prevent the sale or distribution of alcoholic | ||||||
2 | liquors to individuals under the age of 21; (vi) whether the | ||||||
3 | event prohibits participants from removing alcoholic beverages | ||||||
4 | from the venue; and (vii) whether the event prohibits | ||||||
5 | participants from providing their own alcoholic liquors to the | ||||||
6 | venue. As used in this paragraph, "public university" means the | ||||||
7 | University of Illinois, Illinois State University, Chicago | ||||||
8 | State University, Governors State University, Southern | ||||||
9 | Illinois University, Northern Illinois University, Eastern | ||||||
10 | Illinois University, Western Illinois University, and | ||||||
11 | Northeastern Illinois University. | ||||||
12 | Alcoholic liquors may be served or sold in buildings under | ||||||
13 | the control of the Board of Trustees of a community college | ||||||
14 | district for events that the Board of Trustees of that | ||||||
15 | community college district may determine are public events and | ||||||
16 | not student-related activities. The Board of Trustees shall | ||||||
17 | issue a written policy within 6 months after July 15, 2016 (the | ||||||
18 | effective date of Public Act 99-550) concerning the types of | ||||||
19 | events that would be eligible for an exemption. Thereafter, the | ||||||
20 | Board of Trustees may issue revised, updated, new, or amended | ||||||
21 | policies as it deems necessary and appropriate. In preparing | ||||||
22 | its written policy, the Board of Trustees shall, in addition to | ||||||
23 | other factors it considers relevant and important, give | ||||||
24 | consideration to the following: (i) whether the event is a | ||||||
25 | student activity or student-related activity; (ii) whether the | ||||||
26 | physical setting of the event is conducive to control of liquor |
| |||||||
| |||||||
1 | sales and distribution; (iii) the ability of the event operator | ||||||
2 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
3 | demeanor of the participants are in accordance with State law | ||||||
4 | and community college district policies; (iv) the anticipated | ||||||
5 | attendees at the event and the relative proportion of | ||||||
6 | individuals under the age of 21 to individuals age 21 or older; | ||||||
7 | (v) the ability of the venue operator to prevent the sale or | ||||||
8 | distribution of alcoholic liquors to individuals under the age | ||||||
9 | of 21; (vi) whether the event prohibits participants from | ||||||
10 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
11 | the event prohibits participants from providing their own | ||||||
12 | alcoholic liquors to the venue. This paragraph does not apply | ||||||
13 | to any community college district authorized to sell or serve | ||||||
14 | alcoholic liquor under any other provision of this Section. | ||||||
15 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
16 | the
Dorchester Senior Business Center owned by the Village of | ||||||
17 | Dolton if the
alcoholic liquor is sold or dispensed only in | ||||||
18 | connection with organized
functions for which the planned | ||||||
19 | attendance is 20 or more persons, and if
the person or facility | ||||||
20 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
21 | shop liability insurance in maximum limits so as to hold
| ||||||
22 | harmless the Village of Dolton and the State from all financial | ||||||
23 | loss,
damage and harm.
| ||||||
24 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
25 | any
building used as an Illinois State Armory provided:
| ||||||
26 | (i) the Adjutant General's written consent to the |
| |||||||
| |||||||
1 | issuance of a
license to sell alcoholic liquor in such | ||||||
2 | building is filed with the
Commission;
| ||||||
3 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
4 | connection
with organized functions held on special | ||||||
5 | occasions;
| ||||||
6 | (iii) the organized function is one for which the | ||||||
7 | planned attendance
is 25 or more persons; and
| ||||||
8 | (iv) the facility selling or dispensing the alcoholic | ||||||
9 | liquors has
provided dram shop liability insurance in | ||||||
10 | maximum limits so as to save
harmless the facility and the | ||||||
11 | State from all financial loss, damage or harm.
| ||||||
12 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
13 | the Chicago
Civic Center, provided that:
| ||||||
14 | (i) the written consent of the Public Building | ||||||
15 | Commission which
administers the Chicago Civic Center is | ||||||
16 | filed with the Commission;
| ||||||
17 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
18 | connection with
organized functions held on special | ||||||
19 | occasions;
| ||||||
20 | (iii) the organized function is one for which the | ||||||
21 | planned attendance is
25 or more persons;
| ||||||
22 | (iv) the facility selling or dispensing the alcoholic | ||||||
23 | liquors has
provided dram shop liability insurance in | ||||||
24 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
25 | City of Chicago and the State from all
financial loss, | ||||||
26 | damage or harm; and
|
| |||||||
| |||||||
1 | (v) all applicable local ordinances are complied with.
| ||||||
2 | Alcoholic liquors may be delivered or sold in any building | ||||||
3 | belonging to
or under the control of any city, village or | ||||||
4 | incorporated town where more
than 75% of the physical | ||||||
5 | properties of the building is used for commercial
or | ||||||
6 | recreational purposes, and the building is located upon a pier | ||||||
7 | extending
into or over the waters of a navigable lake or stream | ||||||
8 | or on the shore of a
navigable lake or stream.
In accordance | ||||||
9 | with a license issued under this Act, alcoholic liquor may be | ||||||
10 | sold, served, or delivered in buildings and facilities under
| ||||||
11 | the control
of the Department of Natural Resources during | ||||||
12 | events or activities lasting no more than 7 continuous days | ||||||
13 | upon the written approval of the
Director of
Natural Resources | ||||||
14 | acting as the controlling government authority. The Director
of
| ||||||
15 | Natural Resources may specify conditions on that approval, | ||||||
16 | including but not
limited to
requirements for insurance and | ||||||
17 | hours of operation.
Notwithstanding any other provision of this | ||||||
18 | Act, alcoholic liquor sold by a
United States Army Corps of | ||||||
19 | Engineers or Department of Natural
Resources
concessionaire | ||||||
20 | who was operating on June 1, 1991 for on-premises consumption
| ||||||
21 | only is not subject to the provisions of Articles IV and IX. | ||||||
22 | Beer and wine
may be sold on the premises of the Joliet Park | ||||||
23 | District Stadium owned by
the Joliet Park District when written | ||||||
24 | consent to the issuance of a license
to sell beer and wine in | ||||||
25 | such premises is filed with the local liquor
commissioner by | ||||||
26 | the Joliet Park District. Beer and wine may be sold in
|
| |||||||
| |||||||
1 | buildings on the grounds of State veterans' homes when written | ||||||
2 | consent to
the issuance of a license to sell beer and wine in | ||||||
3 | such buildings is filed
with the Commission by the Department | ||||||
4 | of Veterans' Affairs, and the
facility shall provide dram shop | ||||||
5 | liability in maximum insurance coverage
limits so as to save | ||||||
6 | the facility harmless from all financial loss, damage
or harm. | ||||||
7 | Such liquors may be delivered to and sold at any property owned | ||||||
8 | or
held under lease by a Metropolitan Public Pier and | ||||||
9 | Exposition Authority or
Metropolitan Exposition and Auditorium | ||||||
10 | Authority.
| ||||||
11 | Beer and wine may be sold and dispensed at professional | ||||||
12 | sporting events
and at professional concerts and other | ||||||
13 | entertainment events conducted on
premises owned by the Forest | ||||||
14 | Preserve District of Kane County, subject to
the control of the | ||||||
15 | District Commissioners and applicable local law,
provided that | ||||||
16 | dram shop liability insurance is provided at maximum coverage
| ||||||
17 | limits so as to hold the District harmless from all financial | ||||||
18 | loss, damage
and harm.
| ||||||
19 | Nothing in this Section shall preclude the sale or delivery | ||||||
20 | of beer and
wine at a State or county fair or the sale or | ||||||
21 | delivery of beer or wine at a
city fair in any otherwise lawful | ||||||
22 | manner.
| ||||||
23 | Alcoholic liquors may be sold at retail in buildings in | ||||||
24 | State parks
under the control of the Department of Natural | ||||||
25 | Resources,
provided:
| ||||||
26 | a. the State park has overnight lodging facilities with |
| |||||||
| |||||||
1 | some
restaurant facilities or, not having overnight | ||||||
2 | lodging facilities, has
restaurant facilities which serve | ||||||
3 | complete luncheon and dinner or
supper meals,
| ||||||
4 | b. (blank), and
| ||||||
5 | c. the alcoholic liquors are sold by the State park | ||||||
6 | lodge or
restaurant concessionaire only during the hours | ||||||
7 | from 11 o'clock a.m. until
12 o'clock midnight. | ||||||
8 | Notwithstanding any other provision of this Act,
alcoholic | ||||||
9 | liquor sold by the State park or restaurant concessionaire | ||||||
10 | is not
subject to the provisions of Articles IV and IX.
| ||||||
11 | Alcoholic liquors may be sold at retail in buildings on | ||||||
12 | properties
under the control of the Division of Historic | ||||||
13 | Preservation of the Department of Natural Resources
or the | ||||||
14 | Abraham Lincoln Presidential Library and Museum provided:
| ||||||
15 | a. the property has overnight lodging facilities with | ||||||
16 | some restaurant
facilities or, not having overnight | ||||||
17 | lodging facilities, has restaurant
facilities which serve | ||||||
18 | complete luncheon and dinner or supper meals,
| ||||||
19 | b. consent to the issuance of a license to sell | ||||||
20 | alcoholic liquors in
the buildings has been filed with the | ||||||
21 | commission by the Division of Historic
Preservation
of the | ||||||
22 | Department of Natural Resources or the Abraham Lincoln | ||||||
23 | Presidential Library and Museum,
and
| ||||||
24 | c. the alcoholic liquors are sold by the lodge or | ||||||
25 | restaurant
concessionaire only during the hours from 11 | ||||||
26 | o'clock a.m. until 12 o'clock
midnight.
|
| |||||||
| |||||||
1 | The sale of alcoholic liquors pursuant to this Section does | ||||||
2 | not
authorize the establishment and operation of facilities | ||||||
3 | commonly called
taverns, saloons, bars, cocktail lounges, and | ||||||
4 | the like except as a part
of lodge and restaurant facilities in | ||||||
5 | State parks or golf courses owned
by Forest Preserve Districts | ||||||
6 | with a population of less than 3,000,000 or
municipalities or | ||||||
7 | park districts.
| ||||||
8 | Alcoholic liquors may be sold at retail in the Springfield
| ||||||
9 | Administration Building of the Department of Transportation | ||||||
10 | and the
Illinois State Armory in Springfield; provided, that | ||||||
11 | the controlling
government authority may consent to such sales | ||||||
12 | only if
| ||||||
13 | a. the request is from a not-for-profit organization;
| ||||||
14 | b. such sales would not impede normal operations of the | ||||||
15 | departments
involved;
| ||||||
16 | c. the not-for-profit organization provides dram shop | ||||||
17 | liability in
maximum insurance coverage limits and agrees | ||||||
18 | to defend, save harmless
and indemnify the State of | ||||||
19 | Illinois from all financial loss, damage or harm;
| ||||||
20 | d. no such sale shall be made during normal working | ||||||
21 | hours of the
State of Illinois; and
| ||||||
22 | e. the consent is in writing.
| ||||||
23 | Alcoholic liquors may be sold at retail in buildings in | ||||||
24 | recreational
areas of river conservancy districts under the | ||||||
25 | control of, or leased
from, the river conservancy districts. | ||||||
26 | Such sales are subject to
reasonable local regulations as |
| |||||||
| |||||||
1 | provided in Article IV; however, no such
regulations may | ||||||
2 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
3 | on Sundays or Holidays.
| ||||||
4 | Alcoholic liquors may be provided in long term care | ||||||
5 | facilities owned or
operated by a county under Division 5-21 or | ||||||
6 | 5-22 of the Counties Code,
when approved by the facility | ||||||
7 | operator and not in conflict
with the regulations of the | ||||||
8 | Illinois Department of Public Health, to
residents of the | ||||||
9 | facility who have had their consumption of the alcoholic
| ||||||
10 | liquors provided approved in writing by a physician licensed to | ||||||
11 | practice
medicine in all its branches.
| ||||||
12 | Alcoholic liquors may be delivered to and dispensed in | ||||||
13 | State housing
assigned to employees of the Department of | ||||||
14 | Corrections.
No person shall furnish or allow to be furnished | ||||||
15 | any alcoholic
liquors to any prisoner confined in any jail, | ||||||
16 | reformatory, prison or house
of correction except upon a | ||||||
17 | physician's prescription for medicinal purposes.
| ||||||
18 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
19 | Willard Ice
Building in Springfield, at the State Library in | ||||||
20 | Springfield, and at
Illinois State Museum facilities by (1) an
| ||||||
21 | agency of the State, whether legislative, judicial or | ||||||
22 | executive, provided
that such agency first obtains written | ||||||
23 | permission to sell or dispense
alcoholic liquors from the | ||||||
24 | controlling government authority, or by (2) a
not-for-profit | ||||||
25 | organization, provided that such organization:
| ||||||
26 | a. Obtains written consent from the controlling |
| |||||||
| |||||||
1 | government authority;
| ||||||
2 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
3 | that does not
impair normal operations of State offices | ||||||
4 | located in the building;
| ||||||
5 | c. Sells or dispenses alcoholic liquors only in | ||||||
6 | connection with an
official activity in the building;
| ||||||
7 | d. Provides, or its catering service provides, dram | ||||||
8 | shop liability
insurance in maximum coverage limits and in | ||||||
9 | which the carrier agrees to
defend, save harmless and | ||||||
10 | indemnify the State of Illinois from all
financial loss, | ||||||
11 | damage or harm arising out of the selling or dispensing of
| ||||||
12 | alcoholic liquors.
| ||||||
13 | Nothing in this Act shall prevent a not-for-profit | ||||||
14 | organization or agency
of the State from employing the services | ||||||
15 | of a catering establishment for
the selling or dispensing of | ||||||
16 | alcoholic liquors at authorized functions.
| ||||||
17 | The controlling government authority for the Willard Ice | ||||||
18 | Building in
Springfield shall be the Director of the Department | ||||||
19 | of Revenue. The
controlling government authority for Illinois | ||||||
20 | State Museum facilities shall
be the Director of the Illinois | ||||||
21 | State Museum. The controlling government
authority for the | ||||||
22 | State Library in Springfield shall be the Secretary of State.
| ||||||
23 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
24 | dispensed
at any facility, property or building under the | ||||||
25 | jurisdiction of the Division of
Historic Preservation of the | ||||||
26 | Department of Natural Resources
or the Abraham
Lincoln |
| |||||||
| |||||||
1 | Presidential Library and Museum
where the delivery, sale or
| ||||||
2 | dispensing is by (1)
an agency of the State, whether | ||||||
3 | legislative, judicial or executive,
provided that such agency | ||||||
4 | first obtains written permission to sell or
dispense alcoholic | ||||||
5 | liquors from a controlling government authority, or by (2) an | ||||||
6 | individual or organization provided that such individual or | ||||||
7 | organization:
| ||||||
8 | a. Obtains written consent from the controlling | ||||||
9 | government authority;
| ||||||
10 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
11 | that does not
impair normal workings of State offices or | ||||||
12 | operations located at the
facility, property or building;
| ||||||
13 | c. Sells or dispenses alcoholic liquors only in | ||||||
14 | connection with an
official activity of the individual or | ||||||
15 | organization in the facility,
property or building;
| ||||||
16 | d. Provides, or its catering service provides, dram | ||||||
17 | shop liability
insurance in maximum coverage limits and in | ||||||
18 | which the carrier agrees to
defend, save harmless and | ||||||
19 | indemnify the State of Illinois from all
financial loss, | ||||||
20 | damage or harm arising out of the selling or dispensing of
| ||||||
21 | alcoholic liquors.
| ||||||
22 | The controlling government authority for the Division of
| ||||||
23 | Historic Preservation of the Department of Natural Resources
| ||||||
24 | shall be the Director of Natural Resources, and the
controlling
| ||||||
25 | government authority for the Abraham Lincoln Presidential | ||||||
26 | Library and Museum
shall be the Executive Director of the |
| |||||||
| |||||||
1 | Abraham Lincoln Presidential Library and Museum.
| ||||||
2 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
3 | dispensed for
consumption at the Michael Bilandic Building at | ||||||
4 | 160 North LaSalle Street,
Chicago IL 60601, after the normal | ||||||
5 | business hours of any day care or child care
facility located | ||||||
6 | in the building, by (1) a commercial tenant or subtenant
| ||||||
7 | conducting business on the premises under a lease made pursuant | ||||||
8 | to Section
405-315 of the Department of Central Management | ||||||
9 | Services Law (20 ILCS
405/405-315), provided that such tenant | ||||||
10 | or subtenant who accepts delivery of,
sells, or dispenses | ||||||
11 | alcoholic liquors shall procure and maintain dram shop
| ||||||
12 | liability insurance in maximum coverage limits and in which the | ||||||
13 | carrier
agrees to defend, indemnify, and save harmless the | ||||||
14 | State of Illinois from
all financial loss, damage, or harm | ||||||
15 | arising out of the delivery, sale, or
dispensing of alcoholic | ||||||
16 | liquors, or by (2) an agency of the State, whether
legislative, | ||||||
17 | judicial, or executive, provided that such agency first obtains
| ||||||
18 | written permission to accept delivery of and sell or dispense | ||||||
19 | alcoholic liquors
from the Director of Central Management | ||||||
20 | Services, or by (3) a not-for-profit
organization, provided | ||||||
21 | that such organization:
| ||||||
22 | a. obtains written consent from the Department of | ||||||
23 | Central Management
Services;
| ||||||
24 | b. accepts delivery of and sells or dispenses the | ||||||
25 | alcoholic liquors in a
manner that does not impair normal | ||||||
26 | operations of State offices located in the
building;
|
| |||||||
| |||||||
1 | c. accepts delivery of and sells or dispenses alcoholic | ||||||
2 | liquors only in
connection with an official activity in the | ||||||
3 | building; and
| ||||||
4 | d. provides, or its catering service provides, dram | ||||||
5 | shop liability
insurance in maximum coverage limits and in | ||||||
6 | which the carrier agrees to
defend, save harmless, and | ||||||
7 | indemnify the State of Illinois from all
financial loss, | ||||||
8 | damage, or harm arising out of the selling or dispensing of
| ||||||
9 | alcoholic liquors.
| ||||||
10 | Nothing in this Act shall prevent a not-for-profit | ||||||
11 | organization or agency
of the State from employing the services | ||||||
12 | of a catering establishment for
the selling or dispensing of | ||||||
13 | alcoholic liquors at functions authorized by
the Director of | ||||||
14 | Central Management Services.
| ||||||
15 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
16 | James R.
Thompson Center in Chicago, subject to the provisions | ||||||
17 | of Section 7.4 of the
State Property Control Act, and 222 South | ||||||
18 | College Street in Springfield,
Illinois by (1) a commercial | ||||||
19 | tenant or subtenant conducting business on the
premises under a | ||||||
20 | lease or sublease made pursuant to Section 405-315 of the
| ||||||
21 | Department of Central Management Services Law (20 ILCS | ||||||
22 | 405/405-315), provided
that such tenant or subtenant who
sells | ||||||
23 | or dispenses alcoholic liquors shall procure and maintain dram | ||||||
24 | shop
liability insurance in maximum coverage limits and in | ||||||
25 | which the carrier
agrees to defend, indemnify and save harmless | ||||||
26 | the State of Illinois from
all financial loss, damage or harm |
| |||||||
| |||||||
1 | arising out of the sale or dispensing of
alcoholic liquors, or | ||||||
2 | by (2) an agency of the State, whether legislative,
judicial or | ||||||
3 | executive, provided that such agency first obtains written
| ||||||
4 | permission to sell or dispense alcoholic liquors from the | ||||||
5 | Director of
Central Management Services, or by (3) a | ||||||
6 | not-for-profit organization,
provided that such organization:
| ||||||
7 | a. Obtains written consent from the Department of | ||||||
8 | Central Management
Services;
| ||||||
9 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
10 | that does not
impair normal operations of State offices | ||||||
11 | located in the building;
| ||||||
12 | c. Sells or dispenses alcoholic liquors only in | ||||||
13 | connection with an
official activity in the building;
| ||||||
14 | d. Provides, or its catering service provides, dram | ||||||
15 | shop liability
insurance in maximum coverage limits and in | ||||||
16 | which the carrier agrees to
defend, save harmless and | ||||||
17 | indemnify the State of Illinois from all
financial loss, | ||||||
18 | damage or harm arising out of the selling or dispensing of
| ||||||
19 | alcoholic liquors.
| ||||||
20 | Nothing in this Act shall prevent a not-for-profit | ||||||
21 | organization or agency
of the State from employing the services | ||||||
22 | of a catering establishment for
the selling or dispensing of | ||||||
23 | alcoholic liquors at functions authorized by
the Director of | ||||||
24 | Central Management Services.
| ||||||
25 | Alcoholic liquors may be sold or delivered at any facility | ||||||
26 | owned by the
Illinois Sports Facilities Authority provided that |
| |||||||
| |||||||
1 | dram shop liability
insurance has been made available in a | ||||||
2 | form, with such coverage and in such
amounts as the Authority | ||||||
3 | reasonably determines is necessary.
| ||||||
4 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
5 | Rockford
State Office Building by (1) an agency of the State, | ||||||
6 | whether legislative,
judicial or executive, provided that such | ||||||
7 | agency first obtains written
permission to sell or dispense | ||||||
8 | alcoholic liquors from the Department of
Central Management | ||||||
9 | Services, or by (2) a not-for-profit organization,
provided | ||||||
10 | that such organization:
| ||||||
11 | a. Obtains written consent from the Department of | ||||||
12 | Central Management
Services;
| ||||||
13 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
14 | that does not
impair normal operations of State offices | ||||||
15 | located in the building;
| ||||||
16 | c. Sells or dispenses alcoholic liquors only in | ||||||
17 | connection with an
official activity in the building;
| ||||||
18 | d. Provides, or its catering service provides, dram | ||||||
19 | shop liability
insurance in maximum coverage limits and in | ||||||
20 | which the carrier agrees to defend,
save harmless and | ||||||
21 | indemnify the State of Illinois from all financial loss,
| ||||||
22 | damage or harm arising out of the selling or dispensing of | ||||||
23 | alcoholic liquors.
| ||||||
24 | Nothing in this Act shall prevent a not-for-profit | ||||||
25 | organization or agency
of the State from employing the services | ||||||
26 | of a catering establishment for
the selling or dispensing of |
| |||||||
| |||||||
1 | alcoholic liquors at functions authorized by
the Department of | ||||||
2 | Central Management Services.
| ||||||
3 | Alcoholic liquors may be sold or delivered in a building | ||||||
4 | that is owned
by McLean County, situated on land owned by the | ||||||
5 | county in the City of
Bloomington, and used by the McLean | ||||||
6 | County Historical Society if the sale
or delivery is approved | ||||||
7 | by an ordinance adopted by the county board, and
the | ||||||
8 | municipality in which the building is located may not prohibit | ||||||
9 | that
sale or delivery, notwithstanding any other provision of | ||||||
10 | this Section. The
regulation of the sale and delivery of | ||||||
11 | alcoholic liquor in a building that
is owned by McLean County, | ||||||
12 | situated on land owned by the county, and used
by the McLean | ||||||
13 | County Historical Society as provided in this paragraph is an
| ||||||
14 | exclusive power and function of the State and is a denial and | ||||||
15 | limitation
under Article VII, Section 6, subsection (h) of the | ||||||
16 | Illinois Constitution
of the power of a home rule municipality | ||||||
17 | to regulate that sale and delivery.
| ||||||
18 | Alcoholic liquors may be sold or delivered in any building | ||||||
19 | situated on
land held in trust for any school district | ||||||
20 | organized under Article 34 of
the School Code, if the building | ||||||
21 | is not used for school purposes and if the
sale or delivery is | ||||||
22 | approved by the board of education.
| ||||||
23 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
24 | any building owned by a public library district, provided that | ||||||
25 | the delivery and sale is approved by the board of trustees of | ||||||
26 | that public library district and is limited to library |
| |||||||
| |||||||
1 | fundraising events or programs of a cultural or educational | ||||||
2 | nature. Before the board of trustees of a public library | ||||||
3 | district may approve the delivery and sale of alcoholic | ||||||
4 | liquors, the board of trustees of the public library district | ||||||
5 | must have a written policy that has been approved by the board | ||||||
6 | of trustees of the public library district governing when and | ||||||
7 | under what circumstances alcoholic liquors may be delivered to | ||||||
8 | and sold at retail on property owned by that public library | ||||||
9 | district. The written policy must (i) provide that no alcoholic | ||||||
10 | liquor may be sold, distributed, or consumed in any area of the | ||||||
11 | library accessible to the general public during the event or | ||||||
12 | program, (ii) prohibit the removal of alcoholic liquor from the | ||||||
13 | venue during the event, and (iii) require that steps be taken | ||||||
14 | to prevent the sale or distribution of alcoholic liquor to | ||||||
15 | persons under the age of 21. Any public library district that | ||||||
16 | has alcoholic liquor delivered to or sold at retail on property | ||||||
17 | owned by the public library district shall provide dram shop | ||||||
18 | liability insurance in maximum insurance coverage limits so as | ||||||
19 | to save harmless the public library districts from all | ||||||
20 | financial loss, damage, or harm. | ||||||
21 | Alcoholic liquors may be sold or delivered in buildings | ||||||
22 | owned
by the Community Building Complex Committee of Boone | ||||||
23 | County,
Illinois if the person or facility selling or | ||||||
24 | dispensing the
alcoholic liquor has provided dram shop | ||||||
25 | liability insurance with coverage and
in amounts that the | ||||||
26 | Committee reasonably determines are necessary.
|
| |||||||
| |||||||
1 | Alcoholic liquors may be sold or delivered in the building | ||||||
2 | located at
1200 Centerville Avenue in Belleville, Illinois and | ||||||
3 | occupied by either the
Belleville Area Special Education | ||||||
4 | District or the Belleville Area Special
Services
Cooperative. | ||||||
5 | Alcoholic liquors may be delivered to and sold at the Louis | ||||||
6 | Joliet
Renaissance Center, City Center Campus, located at 214 | ||||||
7 | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||||||
8 | Department facilities, Main Campus, located at
1215 Houbolt | ||||||
9 | Road, Joliet, owned by or under the control of Joliet Junior
| ||||||
10 | College,
Illinois Community College District No. 525.
| ||||||
11 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
12 | College, Illinois Community College District No. 504. | ||||||
13 | Alcoholic liquors may be delivered to and sold at the | ||||||
14 | College of DuPage, Illinois Community College District No. 502. | ||||||
15 | Alcoholic liquors may be delivered to and sold on any | ||||||
16 | property owned, operated, or controlled by Lewis and Clark | ||||||
17 | Community College, Illinois Community College District No. | ||||||
18 | 536. | ||||||
19 | Alcoholic liquors may be delivered to and sold at the | ||||||
20 | building located at 446 East Hickory Avenue in Apple River, | ||||||
21 | Illinois, owned by the Apple River Fire Protection District, | ||||||
22 | and occupied by the Apple River Community Association if the | ||||||
23 | alcoholic liquor is sold or dispensed only in connection with | ||||||
24 | organized functions approved by the Apple River Community | ||||||
25 | Association for which the planned attendance is 20 or more | ||||||
26 | persons and if the person or facility selling or dispensing the |
| |||||||
| |||||||
1 | alcoholic liquor has provided dram shop liability insurance in | ||||||
2 | maximum limits so as to hold harmless the Apple River Fire | ||||||
3 | Protection District, the Village of Apple River, and the Apple | ||||||
4 | River Community Association from all financial loss, damage, | ||||||
5 | and harm. | ||||||
6 | Alcoholic liquors may be delivered to and sold at the Sikia | ||||||
7 | Restaurant, Kennedy King College Campus, located at 740 West | ||||||
8 | 63rd Street, Chicago, and at the Food Services in the Great | ||||||
9 | Hall/Washburne Culinary Institute Department facility, Kennedy | ||||||
10 | King College Campus, located at 740 West 63rd Street, Chicago, | ||||||
11 | owned by or under the control of City Colleges of Chicago, | ||||||
12 | Illinois Community College District No. 508.
| ||||||
13 | (Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; | ||||||
14 | 99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff. | ||||||
15 | 8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17; | ||||||
16 | 100-695, eff. 8-3-18.)
| ||||||
17 | Section 115. The Eminent Domain Act is amended by changing | ||||||
18 | Sections 10-5-10, 15-5-15, 20-5-5, and 25-7-103.27 as follows:
| ||||||
19 | (735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)
| ||||||
20 | Sec. 10-5-10. Parties. | ||||||
21 | (a) When the right (i) to take private property for public
| ||||||
22 | use, without the owner's consent, (ii) to construct or maintain | ||||||
23 | any
public road, railroad, plankroad, turnpike road, canal, or | ||||||
24 | other public
work or improvement, or (iii) to damage property |
| |||||||
| |||||||
1 | not actually taken has
been or is conferred by general law or
| ||||||
2 | special charter upon any corporate or municipal authority, | ||||||
3 | public body,
officer or agent, person, commissioner, or | ||||||
4 | corporation and when (i) the
compensation to be paid for or in | ||||||
5 | respect of the property sought to be
appropriated or damaged | ||||||
6 | for the purposes mentioned cannot be
agreed upon by the parties | ||||||
7 | interested, (ii) the owner of the
property is incapable of | ||||||
8 | consenting, (iii)
the owner's name or residence is
unknown, or | ||||||
9 | (iv) the owner is a nonresident of the State, then the party | ||||||
10 | authorized to
take or damage the property so required, or to | ||||||
11 | construct, operate,
and
maintain any public road, railroad, | ||||||
12 | plankroad, turnpike road, canal, or
other public work or | ||||||
13 | improvement, may apply to the circuit court of the
county where | ||||||
14 | the property or any part of the property is situated, by filing
| ||||||
15 | with the clerk a complaint. The complaint shall set forth, by | ||||||
16 | reference, (i) the complainant's
authority in the premises, | ||||||
17 | (ii) the purpose for which the property is sought
to be taken | ||||||
18 | or damaged, (iii) a description of the property, and (iv) the | ||||||
19 | names of all
persons interested in the property as owners or | ||||||
20 | otherwise, as appearing of
record, if known, or if not known | ||||||
21 | stating that fact; and shall pray the
court to cause the | ||||||
22 | compensation to be paid to the owner to be assessed. | ||||||
23 | (b) If it appears that any person not in being, upon coming | ||||||
24 | into being, is,
or may become or may claim to be, entitled to | ||||||
25 | any interest in the
property sought to be appropriated or | ||||||
26 | damaged, the court shall appoint
some competent and |
| |||||||
| |||||||
1 | disinterested person as guardian ad litem to appear
for and | ||||||
2 | represent that interest in the proceeding and to defend the
| ||||||
3 | proceeding on behalf of the person not in being. Any judgment
| ||||||
4 | entered in the proceeding shall be as effectual for all | ||||||
5 | purposes
as though the person was in being and was a party to | ||||||
6 | the proceeding. | ||||||
7 | (c) If
the proceeding seeks to affect the property of | ||||||
8 | persons under guardianship,
the guardians shall be made parties | ||||||
9 | defendant. | ||||||
10 | (d) Any interested persons whose
names are unknown may be | ||||||
11 | made parties defendant by the same
descriptions and in the same | ||||||
12 | manner as provided in other civil cases. | ||||||
13 | (e) When the property to be taken or damaged is a common | ||||||
14 | element of
property subject to a declaration of condominium | ||||||
15 | ownership, pursuant to the
Condominium Property Act, or of a | ||||||
16 | common interest community, the complaint
shall name the unit | ||||||
17 | owners' association in lieu of naming the individual
unit | ||||||
18 | owners and lienholders on individual units. Unit owners, | ||||||
19 | mortgagees,
and other lienholders may intervene as parties | ||||||
20 | defendant. For the purposes
of this Section, "common interest | ||||||
21 | community" has the same meaning as
set forth in subsection (c) | ||||||
22 | of Section 9-102 of the Code of Civil
Procedure. "Unit owners' | ||||||
23 | association" or "association" shall refer to both
the | ||||||
24 | definition contained in Section 2 of the Condominium Property | ||||||
25 | Act and
subsection (c) of Section 9-102 of the Code of Civil | ||||||
26 | Procedure. |
| |||||||
| |||||||
1 | (f) When the property is sought to be taken or damaged by | ||||||
2 | the State for the
purposes of establishing, operating, or | ||||||
3 | maintaining any State house or
State charitable or other | ||||||
4 | institutions or improvements, the complaint
shall be signed by | ||||||
5 | the Governor, or the Governor's designee, or as otherwise
| ||||||
6 | provided by law. | ||||||
7 | (g) No property, except property described in
Section 3 of | ||||||
8 | the Sports Stadium Act, property to be acquired in furtherance | ||||||
9 | of actions under Article 11, Divisions 124, 126, 128, 130, 135, | ||||||
10 | 136, and 139, of
the Illinois Municipal Code, property to be | ||||||
11 | acquired in furtherance of actions under Section 3.1 of the | ||||||
12 | Intergovernmental Cooperation Act, property to be acquired | ||||||
13 | that is a water system or waterworks pursuant to the home rule | ||||||
14 | powers of a unit of local government, and property described as | ||||||
15 | Site B in Section 2
of the Metropolitan Public Pier and | ||||||
16 | Exposition Authority Act, and property that may be taken as | ||||||
17 | provided in the Public-Private Agreements for the South | ||||||
18 | Suburban Airport Act belonging to a
railroad or other public | ||||||
19 | utility subject to the jurisdiction of the
Illinois Commerce | ||||||
20 | Commission may be taken or damaged, pursuant to the
provisions | ||||||
21 | of this Act, without the prior approval
of the Illinois | ||||||
22 | Commerce Commission. | ||||||
23 | (Source: P.A. 98-109, eff. 7-25-13.)
| ||||||
24 | (735 ILCS 30/15-5-15)
| ||||||
25 | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 |
| |||||||
| |||||||
1 | through 75. The following provisions of law may include express | ||||||
2 | grants of the power to acquire property by condemnation or | ||||||
3 | eminent domain:
| ||||||
4 | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | ||||||
5 | authorities; for public airport facilities.
| ||||||
6 | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | ||||||
7 | authorities; for removal of airport hazards.
| ||||||
8 | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport | ||||||
9 | authorities; for reduction of the height of objects or | ||||||
10 | structures.
| ||||||
11 | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate | ||||||
12 | airport authorities; for general purposes.
| ||||||
13 | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority | ||||||
14 | Act; Kankakee River Valley Area Airport Authority; for | ||||||
15 | acquisition of land for airports.
| ||||||
16 | (70 ILCS 200/2-20); Civic Center Code; civic center | ||||||
17 | authorities; for grounds, centers, buildings, and parking.
| ||||||
18 | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | ||||||
19 | Authority; for grounds, centers, buildings, and parking.
| ||||||
20 | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | ||||||
21 | Exposition, Auditorium and Office Building Authority; for | ||||||
22 | grounds, centers, buildings, and parking.
| ||||||
23 | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | ||||||
24 | Authority; for grounds, centers, buildings, and parking.
| ||||||
25 | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
| |||||||
| |||||||
1 | Center Authority; for grounds, centers, buildings, and | ||||||
2 | parking.
| ||||||
3 | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park | ||||||
4 | District Civic Center Authority; for grounds, centers, | ||||||
5 | buildings, and parking.
| ||||||
6 | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center | ||||||
7 | Authority; for grounds, centers, buildings, and parking.
| ||||||
8 | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic | ||||||
9 | Center Authority; for grounds, centers, buildings, and | ||||||
10 | parking.
| ||||||
11 | (70 ILCS 200/60-30); Civic Center Code; Collinsville | ||||||
12 | Metropolitan Exposition, Auditorium and Office Building | ||||||
13 | Authority; for grounds, centers, buildings, and parking.
| ||||||
14 | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | ||||||
15 | Center Authority; for grounds, centers, buildings, and | ||||||
16 | parking.
| ||||||
17 | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | ||||||
18 | Exposition, Auditorium and Office Building Authority; for | ||||||
19 | grounds, centers, buildings, and parking.
| ||||||
20 | (70 ILCS 200/80-15); Civic Center Code; DuPage County | ||||||
21 | Metropolitan Exposition, Auditorium and Office Building | ||||||
22 | Authority; for grounds, centers, buildings, and parking.
| ||||||
23 | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | ||||||
24 | Exposition, Auditorium and Office Building Authority; for | ||||||
25 | grounds, centers, buildings, and parking.
| ||||||
26 | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
| |||||||
| |||||||
1 | Exposition, Auditorium and Office Building Authority; for | ||||||
2 | grounds, centers, buildings, and parking.
| ||||||
3 | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic | ||||||
4 | Center Authority; for grounds, centers, buildings, and | ||||||
5 | parking.
| ||||||
6 | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | ||||||
7 | Center Authority; for grounds, centers, buildings, and | ||||||
8 | parking.
| ||||||
9 | (70 ILCS 200/120-25); Civic Center Code; Jefferson County | ||||||
10 | Metropolitan Exposition, Auditorium and Office Building | ||||||
11 | Authority; for grounds, centers, buildings, and parking.
| ||||||
12 | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | ||||||
13 | Civic Center Authority; for grounds, centers, buildings, | ||||||
14 | and parking.
| ||||||
15 | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | ||||||
16 | Metropolitan Exposition, Auditorium and Office Building | ||||||
17 | Authority; for grounds, centers, buildings, and parking.
| ||||||
18 | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | ||||||
19 | Authority; for grounds, centers, buildings, and parking.
| ||||||
20 | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic | ||||||
21 | Center Authority; for grounds, centers, buildings, and | ||||||
22 | parking.
| ||||||
23 | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | ||||||
24 | Civic Center Authority; for grounds, centers, buildings, | ||||||
25 | and parking.
| ||||||
26 | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
| |||||||
| |||||||
1 | Authority; for grounds, centers, buildings, and parking.
| ||||||
2 | (70 ILCS 200/165-35); Civic Center Code; Melrose Park | ||||||
3 | Metropolitan Exposition Auditorium and Office Building | ||||||
4 | Authority; for grounds, centers, buildings, and parking.
| ||||||
5 | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | ||||||
6 | Exposition, Auditorium and Office Building Authorities; | ||||||
7 | for general purposes.
| ||||||
8 | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center | ||||||
9 | Authority; for grounds, centers, buildings, and parking.
| ||||||
10 | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | ||||||
11 | Authority; for grounds, centers, buildings, and parking.
| ||||||
12 | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | ||||||
13 | Authority; for grounds, centers, buildings, and parking.
| ||||||
14 | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | ||||||
15 | Authority; for grounds, centers, buildings, and parking.
| ||||||
16 | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | ||||||
17 | Authority; for grounds, centers, buildings, and parking.
| ||||||
18 | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | ||||||
19 | Authority; for grounds, centers, buildings, and parking.
| ||||||
20 | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | ||||||
21 | Civic Center Authority; for grounds, centers, buildings, | ||||||
22 | and parking.
| ||||||
23 | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | ||||||
24 | Exposition, Auditorium and Office Building Authority; for | ||||||
25 | grounds, centers, buildings, and parking.
| ||||||
26 | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
| |||||||
| |||||||
1 | Center Authority; for grounds, centers, buildings, and | ||||||
2 | parking.
| ||||||
3 | (70 ILCS 200/230-35); Civic Center Code; River Forest | ||||||
4 | Metropolitan Exposition, Auditorium and Office Building | ||||||
5 | Authority; for grounds, centers, buildings, and parking.
| ||||||
6 | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center | ||||||
7 | Authority; for grounds, centers, buildings, and parking.
| ||||||
8 | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center | ||||||
9 | Authority; for grounds, centers, buildings, and parking.
| ||||||
10 | (70 ILCS 200/255-20); Civic Center Code; Springfield | ||||||
11 | Metropolitan Exposition and Auditorium Authority; for | ||||||
12 | grounds, centers, and parking.
| ||||||
13 | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | ||||||
14 | Exposition, Auditorium and Office Building Authority; for | ||||||
15 | grounds, centers, buildings, and parking.
| ||||||
16 | (70 ILCS 200/265-20); Civic Center Code; Vermilion County | ||||||
17 | Metropolitan Exposition, Auditorium and Office Building | ||||||
18 | Authority; for grounds, centers, buildings, and parking.
| ||||||
19 | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | ||||||
20 | Authority; for grounds, centers, buildings, and parking.
| ||||||
21 | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | ||||||
22 | Center Authority; for grounds, centers, buildings, and | ||||||
23 | parking.
| ||||||
24 | (70 ILCS 200/280-20); Civic Center Code; Will County | ||||||
25 | Metropolitan Exposition and Auditorium Authority; for | ||||||
26 | grounds, centers, and parking.
|
| |||||||
| |||||||
1 | (70 ILCS 210/5); Metropolitan Public Pier and Exposition | ||||||
2 | Authority Act; Metropolitan Public Pier and Exposition | ||||||
3 | Authority; for general purposes, including quick-take | ||||||
4 | power.
| ||||||
5 | (70 ILCS 405/22.04); Soil and Water Conservation Districts Act; | ||||||
6 | soil and water conservation districts; for general | ||||||
7 | purposes.
| ||||||
8 | (70 ILCS 410/10 and 410/12); Conservation District Act; | ||||||
9 | conservation districts; for open space, wildland, scenic | ||||||
10 | roadway, pathway, outdoor recreation, or other | ||||||
11 | conservation benefits.
| ||||||
12 | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center | ||||||
13 | Redevelopment Commission Act; Chanute-Rantoul National | ||||||
14 | Aviation Center Redevelopment Commission; for general | ||||||
15 | purposes. | ||||||
16 | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | ||||||
17 | Fort Sheridan Redevelopment Commission; for general | ||||||
18 | purposes or to carry out comprehensive or redevelopment | ||||||
19 | plans.
| ||||||
20 | (70 ILCS 520/8); Southwestern Illinois Development Authority | ||||||
21 | Act; Southwestern Illinois Development Authority; for | ||||||
22 | general purposes, including quick-take power.
| ||||||
23 | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | ||||||
24 | drainage districts; for general purposes.
| ||||||
25 | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | ||||||
26 | corporate authorities; for construction and maintenance of |
| |||||||
| |||||||
1 | works.
| ||||||
2 | (70 ILCS 705/10); Fire Protection District Act; fire protection | ||||||
3 | districts; for general purposes.
| ||||||
4 | (70 ILCS 750/20); Flood Prevention District Act; flood | ||||||
5 | prevention districts; for general purposes. | ||||||
6 | (70 ILCS 805/6); Downstate Forest Preserve District Act; | ||||||
7 | certain forest preserve districts; for general purposes.
| ||||||
8 | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; | ||||||
9 | certain forest preserve districts; for recreational and | ||||||
10 | cultural facilities.
| ||||||
11 | (70 ILCS 810/8); Cook County Forest Preserve District Act; | ||||||
12 | Forest Preserve District of Cook County; for general | ||||||
13 | purposes.
| ||||||
14 | (70 ILCS 810/38); Cook County Forest Preserve District Act; | ||||||
15 | Forest Preserve District of Cook County; for recreational | ||||||
16 | facilities.
| ||||||
17 | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital | ||||||
18 | districts; for hospitals or hospital facilities.
| ||||||
19 | (70 ILCS 915/3); Illinois Medical District Act; Illinois | ||||||
20 | Medical District Commission; for general purposes.
| ||||||
21 | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois | ||||||
22 | Medical District Commission; quick-take power for the | ||||||
23 | Illinois State Police Forensic Science Laboratory | ||||||
24 | (obsolete).
| ||||||
25 | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; | ||||||
26 | tuberculosis sanitarium districts; for tuberculosis |
| |||||||
| |||||||
1 | sanitariums.
| ||||||
2 | (70 ILCS 925/20); Mid-Illinois
Medical District Act; | ||||||
3 | Mid-Illinois
Medical District; for general purposes.
| ||||||
4 | (70 ILCS 930/20); Mid-America Medical District Act; | ||||||
5 | Mid-America Medical District Commission; for general | ||||||
6 | purposes. | ||||||
7 | (70 ILCS 935/20); Roseland Community Medical District Act; | ||||||
8 | medical district; for general purposes. | ||||||
9 | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito | ||||||
10 | abatement districts; for general purposes.
| ||||||
11 | (70 ILCS 1105/8); Museum District Act; museum districts; for | ||||||
12 | general purposes.
| ||||||
13 | (70 ILCS 1205/7-1); Park District Code; park districts; for | ||||||
14 | streets and other purposes.
| ||||||
15 | (70 ILCS 1205/8-1); Park District Code; park districts; for | ||||||
16 | parks.
| ||||||
17 | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | ||||||
18 | districts; for airports and landing fields.
| ||||||
19 | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | ||||||
20 | districts; for State land abutting public water and certain | ||||||
21 | access rights.
| ||||||
22 | (70 ILCS 1205/11.1-3); Park District Code; park districts; for | ||||||
23 | harbors.
| ||||||
24 | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | ||||||
25 | park districts; for street widening.
| ||||||
26 | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control |
| |||||||
| |||||||
1 | Act; park districts; for parks, boulevards, driveways, | ||||||
2 | parkways, viaducts, bridges, or tunnels.
| ||||||
3 | (70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; | ||||||
4 | park districts; for boulevards or driveways.
| ||||||
5 | (70 ILCS 1290/1); Park District Aquarium and Museum Act; | ||||||
6 | municipalities or park districts; for aquariums or | ||||||
7 | museums.
| ||||||
8 | (70 ILCS 1305/2); Park District Airport Zoning Act; park | ||||||
9 | districts; for restriction of the height of structures.
| ||||||
10 | (70 ILCS 1310/5); Park District Elevated Highway Act; park | ||||||
11 | districts; for elevated highways.
| ||||||
12 | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park | ||||||
13 | District; for parks and other purposes.
| ||||||
14 | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | ||||||
15 | District; for parking lots or garages.
| ||||||
16 | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | ||||||
17 | District; for harbors.
| ||||||
18 | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | ||||||
19 | Act; Lincoln Park Commissioners; for land and interests in | ||||||
20 | land, including riparian rights.
| ||||||
21 | (70 ILCS 1801/30); Alexander-Cairo Port District Act; | ||||||
22 | Alexander-Cairo Port District; for general purposes. | ||||||
23 | (70 ILCS 1805/8); Havana Regional Port District Act; Havana | ||||||
24 | Regional Port District; for general purposes.
| ||||||
25 | (70 ILCS 1810/7); Illinois International Port District Act; | ||||||
26 | Illinois International Port District; for general |
| |||||||
| |||||||
1 | purposes.
| ||||||
2 | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; | ||||||
3 | Illinois Valley Regional Port District; for general | ||||||
4 | purposes.
| ||||||
5 | (70 ILCS 1820/4); Jackson-Union Counties Regional Port | ||||||
6 | District Act; Jackson-Union Counties Regional Port | ||||||
7 | District; for removal of airport hazards or reduction of | ||||||
8 | the height of objects or structures.
| ||||||
9 | (70 ILCS 1820/5); Jackson-Union Counties Regional Port | ||||||
10 | District Act; Jackson-Union Counties Regional Port | ||||||
11 | District; for general purposes.
| ||||||
12 | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | ||||||
13 | Regional Port District; for removal of airport hazards.
| ||||||
14 | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | ||||||
15 | Regional Port District; for reduction of the height of | ||||||
16 | objects or structures.
| ||||||
17 | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | ||||||
18 | Regional Port District; for removal of hazards from ports | ||||||
19 | and terminals.
| ||||||
20 | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | ||||||
21 | Regional Port District; for general purposes.
| ||||||
22 | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | ||||||
23 | Kaskaskia Regional Port District; for removal of hazards | ||||||
24 | from ports and terminals.
| ||||||
25 | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; | ||||||
26 | Kaskaskia Regional Port District; for general purposes.
|
| |||||||
| |||||||
1 | (70 ILCS 1831/30); Massac-Metropolis Port District Act; | ||||||
2 | Massac-Metropolis Port District; for general purposes. | ||||||
3 | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. | ||||||
4 | Carmel Regional Port District; for removal of airport | ||||||
5 | hazards.
| ||||||
6 | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. | ||||||
7 | Carmel Regional Port District; for reduction of the height | ||||||
8 | of objects or structures.
| ||||||
9 | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. | ||||||
10 | Carmel Regional Port District; for general purposes.
| ||||||
11 | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | ||||||
12 | District; for general purposes. | ||||||
13 | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | ||||||
14 | Regional Port District; for removal of airport hazards.
| ||||||
15 | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | ||||||
16 | Regional Port District; for reduction of the height of | ||||||
17 | objects or structures.
| ||||||
18 | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | ||||||
19 | Regional Port District; for general purposes.
| ||||||
20 | (70 ILCS 1850/4); Shawneetown Regional Port District Act; | ||||||
21 | Shawneetown Regional Port District; for removal of airport | ||||||
22 | hazards or reduction of the height of objects or | ||||||
23 | structures.
| ||||||
24 | (70 ILCS 1850/5); Shawneetown Regional Port District Act; | ||||||
25 | Shawneetown Regional Port District; for general purposes.
| ||||||
26 | (70 ILCS 1855/4); Southwest Regional Port District Act; |
| |||||||
| |||||||
1 | Southwest Regional Port District; for removal of airport | ||||||
2 | hazards or reduction of the height of objects or | ||||||
3 | structures.
| ||||||
4 | (70 ILCS 1855/5); Southwest Regional Port District Act; | ||||||
5 | Southwest Regional Port District; for general purposes. | ||||||
6 | (70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City | ||||||
7 | Regional Port District; for removal of airport hazards.
| ||||||
8 | (70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City | ||||||
9 | Regional Port District; for the development of facilities.
| ||||||
10 | (70 ILCS 1863/11); Upper Mississippi River International Port | ||||||
11 | District Act; Upper Mississippi River International Port | ||||||
12 | District; for general purposes. | ||||||
13 | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | ||||||
14 | District; for removal of airport hazards.
| ||||||
15 | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | ||||||
16 | District; for restricting the height of objects or | ||||||
17 | structures.
| ||||||
18 | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | ||||||
19 | District; for the development of facilities.
| ||||||
20 | (70 ILCS 1870/8); White County Port District Act; White County | ||||||
21 | Port District; for the development of facilities.
| ||||||
22 | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | ||||||
23 | Terminal Authority (Chicago); for general purposes.
| ||||||
24 | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority | ||||||
25 | Act; Grand Avenue Railroad Relocation Authority; for | ||||||
26 | general purposes, including quick-take power (now |
| |||||||
| |||||||
1 | obsolete). | ||||||
2 | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act; | ||||||
3 | Elmwood Park Grade Separation Authority; for general | ||||||
4 | purposes.
| ||||||
5 | (70 ILCS 2105/9b); River Conservancy Districts Act; river | ||||||
6 | conservancy districts; for general purposes.
| ||||||
7 | (70 ILCS 2105/10a); River Conservancy Districts Act; river | ||||||
8 | conservancy districts; for corporate purposes.
| ||||||
9 | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary | ||||||
10 | districts; for corporate purposes.
| ||||||
11 | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | ||||||
12 | districts; for improvements and works.
| ||||||
13 | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | ||||||
14 | districts; for access to property.
| ||||||
15 | (70 ILCS 2305/8); North Shore Water Reclamation District Act; | ||||||
16 | North Shore Water Reclamation District; for corporate | ||||||
17 | purposes.
| ||||||
18 | (70 ILCS 2305/15); North Shore Water Reclamation District Act; | ||||||
19 | North Shore Water Reclamation District; for improvements.
| ||||||
20 | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | ||||||
21 | District of Decatur; for carrying out agreements to sell, | ||||||
22 | convey, or disburse treated wastewater to a private entity. | ||||||
23 | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | ||||||
24 | districts; for corporate purposes.
| ||||||
25 | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | ||||||
26 | districts; for improvements.
|
| |||||||
| |||||||
1 | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | ||||||
2 | 1917; sanitary districts; for waterworks.
| ||||||
3 | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary | ||||||
4 | districts; for public sewer and water utility treatment | ||||||
5 | works.
| ||||||
6 | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | ||||||
7 | districts; for dams or other structures to regulate water | ||||||
8 | flow.
| ||||||
9 | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | ||||||
10 | Metropolitan Water Reclamation District; for corporate | ||||||
11 | purposes.
| ||||||
12 | (70 ILCS 2605/16); Metropolitan Water Reclamation District | ||||||
13 | Act; Metropolitan Water Reclamation District; quick-take | ||||||
14 | power for improvements.
| ||||||
15 | (70 ILCS 2605/17); Metropolitan Water Reclamation District | ||||||
16 | Act; Metropolitan Water Reclamation District; for bridges.
| ||||||
17 | (70 ILCS 2605/35); Metropolitan Water Reclamation District | ||||||
18 | Act; Metropolitan Water Reclamation District; for widening | ||||||
19 | and deepening a navigable stream.
| ||||||
20 | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | ||||||
21 | districts; for corporate purposes.
| ||||||
22 | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | ||||||
23 | districts; for improvements.
| ||||||
24 | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; | ||||||
25 | sanitary districts; for drainage systems.
| ||||||
26 | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
| |||||||
| |||||||
1 | districts; for dams or other structures to regulate water | ||||||
2 | flow.
| ||||||
3 | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary | ||||||
4 | districts; for water supply.
| ||||||
5 | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary | ||||||
6 | districts; for waterworks.
| ||||||
7 | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | ||||||
8 | Metro-East Sanitary District; for corporate purposes.
| ||||||
9 | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | ||||||
10 | Metro-East Sanitary District; for access to property.
| ||||||
11 | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary | ||||||
12 | districts; for sewerage systems.
| ||||||
13 | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | ||||||
14 | Illinois Sports Facilities Authority; quick-take power for | ||||||
15 | its corporate purposes (obsolete).
| ||||||
16 | (70 ILCS 3405/16); Surface Water Protection District Act; | ||||||
17 | surface water protection districts; for corporate | ||||||
18 | purposes.
| ||||||
19 | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago | ||||||
20 | Transit Authority; for transportation systems.
| ||||||
21 | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago | ||||||
22 | Transit Authority; for general purposes.
| ||||||
23 | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago | ||||||
24 | Transit Authority; for general purposes, including | ||||||
25 | railroad property.
| ||||||
26 | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
| |||||||
| |||||||
1 | local mass transit districts; for general purposes.
| ||||||
2 | (70 ILCS 3615/2.13); Regional Transportation Authority Act; | ||||||
3 | Regional Transportation Authority; for general purposes.
| ||||||
4 | (70 ILCS 3705/8 and 3705/12); Public Water District Act; public | ||||||
5 | water districts; for waterworks.
| ||||||
6 | (70 ILCS 3705/23a); Public Water District Act; public water | ||||||
7 | districts; for sewerage properties.
| ||||||
8 | (70 ILCS 3705/23e); Public Water District Act; public water | ||||||
9 | districts; for combined waterworks and sewerage systems.
| ||||||
10 | (70 ILCS 3715/6); Water Authorities Act; water authorities; for | ||||||
11 | facilities to ensure adequate water supply.
| ||||||
12 | (70 ILCS 3715/27); Water Authorities Act; water authorities; | ||||||
13 | for access to property.
| ||||||
14 | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library | ||||||
15 | trustees; for library buildings.
| ||||||
16 | (75 ILCS 16/30-55.80); Public Library District Act of 1991; | ||||||
17 | public library districts; for general purposes.
| ||||||
18 | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | ||||||
19 | authorities of city or park district, or board of park | ||||||
20 | commissioners; for free public library buildings.
| ||||||
21 | (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff. | ||||||
22 | 7-16-14; 99-669, eff. 7-29-16.)
| ||||||
23 | (735 ILCS 30/20-5-5) (was 735 ILCS 5/7-103)
| ||||||
24 | Sec. 20-5-5. Quick-take. | ||||||
25 | (a) This Section applies only to proceedings under this |
| |||||||
| |||||||
1 | Article that are
authorized in this Article and in Article 25 | ||||||
2 | of this Act.
| ||||||
3 | (b) In a proceeding subject to this Section,
the plaintiff, | ||||||
4 | at any time after the complaint has been filed and before
| ||||||
5 | judgment is entered in the proceeding, may file a written | ||||||
6 | motion requesting
that, immediately or at some specified later | ||||||
7 | date, the plaintiff either: (i) be
vested with the fee simple | ||||||
8 | title (or such lesser estate, interest, or
easement, as may be | ||||||
9 | required) to the real property, or a specified portion
of that | ||||||
10 | property, which is the subject of the proceeding, and be | ||||||
11 | authorized to take
possession of and use the property; or (ii) | ||||||
12 | only be authorized to take
possession of and to use the | ||||||
13 | property, if possession and use, without
the vesting of title, | ||||||
14 | are sufficient to permit the plaintiff to proceed
with the | ||||||
15 | project until the final ascertainment of compensation. No
land | ||||||
16 | or interests in land now or hereafter owned, leased, | ||||||
17 | controlled, or
operated and used by, or necessary for the | ||||||
18 | actual operation of, any common
carrier engaged in interstate | ||||||
19 | commerce, or any other public utility subject
to the | ||||||
20 | jurisdiction of the Illinois Commerce Commission, shall be | ||||||
21 | taken or
appropriated under this Section by the State of | ||||||
22 | Illinois, the Illinois Toll Highway
Authority, the sanitary | ||||||
23 | district, the St. Louis Metropolitan Area Airport
Authority, or | ||||||
24 | the Board of Trustees of the University of Illinois without
| ||||||
25 | first securing the approval of the Illinois Commerce | ||||||
26 | Commission.
|
| |||||||
| |||||||
1 | Except as otherwise provided in this Article, the motion | ||||||
2 | for taking shall
state: (1) an accurate description of the | ||||||
3 | property to which the motion
relates and the estate or interest | ||||||
4 | sought to be acquired in that property; (2)
the formally | ||||||
5 | adopted schedule or plan of operation for the execution of
the | ||||||
6 | plaintiff's project; (3) the situation of the property to which | ||||||
7 | the
motion relates, with respect to the schedule or plan; (4) | ||||||
8 | the necessity
for taking the
property in the manner requested | ||||||
9 | in the motion; and (5)
if the property (except property | ||||||
10 | described in Section 3 of the Sports
Stadium Act or property | ||||||
11 | described as Site B in Section 2 of the
Metropolitan Public | ||||||
12 | Pier and Exposition Authority Act) to be taken is owned,
| ||||||
13 | leased, controlled, or operated and used by, or necessary for | ||||||
14 | the actual
operation of, any interstate common carrier or other | ||||||
15 | public utility subject
to the jurisdiction of the Illinois | ||||||
16 | Commerce Commission, a statement to the
effect that the | ||||||
17 | approval of the proposed taking has been secured from the
| ||||||
18 | Commission, and attaching to the motion a certified copy of the | ||||||
19 | order of
the Illinois Commerce Commission granting approval. If | ||||||
20 | the schedule or plan of
operation is not set forth fully in the | ||||||
21 | motion, a copy of the schedule or
plan shall be attached to the | ||||||
22 | motion.
| ||||||
23 | (Source: P.A. 94-1055, eff. 1-1-07.)
| ||||||
24 | (735 ILCS 30/25-7-103.27)
(was 735 ILCS 5/7-103.27)
| ||||||
25 | Sec. 25-7-103.27. Quick-take;
Metropolitan Public Pier and |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Exposition Authority purposes.
Quick-take proceedings under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Article 20 may be used
for the acquisition by the Metropolitan | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Public Pier and
Exposition Authority of property described in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | subsection (f) of Section 5
of the Metropolitan Public Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Exposition Authority Act for the purposes of
providing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | additional grounds, buildings, and facilities related to the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | purposes of the Metropolitan Public Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Authority.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (Source: P.A. 94-1055, eff. 1-1-07.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|