Bill Amendment: IL SB3169 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REVENUE-AFFORDABLE HOUSING
Status: 2026-05-22 - Senate Committee Amendment No. 3 Rule 3-9(a) / Re-referred to Assignments [SB3169 Detail]
Download: Illinois-2025-SB3169-Senate_Amendment_001.html
Bill Title: REVENUE-AFFORDABLE HOUSING
Status: 2026-05-22 - Senate Committee Amendment No. 3 Rule 3-9(a) / Re-referred to Assignments [SB3169 Detail]
Download: Illinois-2025-SB3169-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3169 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3169 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 3. The Illinois Housing Development Act is | ||||||
| 5 | amended by adding Section 32.5 as follows: | ||||||
| 6 | (20 ILCS 3805/32.5 new) | ||||||
| 7 | Sec. 32.5. Community land trust program support. The | ||||||
| 8 | Authority shall ensure that program staff have expertise in | ||||||
| 9 | the community land trust model and shall implement procedures | ||||||
| 10 | that remove barriers to the timely and effective execution of | ||||||
| 11 | approved community land trust projects. | ||||||
| 12 | Section 5. The State Finance Act is amended by adding | ||||||
| 13 | Sections 5.1038 and 6z-149 as follows: | ||||||
| 14 | (30 ILCS 105/5.1038 new) | ||||||
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| 1 | Sec. 5.1038. The Community Land Trust Fund. | ||||||
| 2 | (30 ILCS 105/6z-149 new) | ||||||
| 3 | Sec. 6z-149. The Community Land Trust Fund; creation. The | ||||||
| 4 | Community Land Trust Fund is created as a special fund in the | ||||||
| 5 | State treasury. The Fund may accept moneys from any lawful | ||||||
| 6 | source. Any interest earned on moneys in the Fund shall be | ||||||
| 7 | deposited into the Fund. Moneys in the Fund shall be used by | ||||||
| 8 | the Illinois Housing Development Authority for development, | ||||||
| 9 | staffing, and capacity building and technical assistance | ||||||
| 10 | related to community land trusts in the State. As used in this | ||||||
| 11 | Section, "community land trust" has the meaning given to that | ||||||
| 12 | term in the Community Land Trust Home Ownership Act. | ||||||
| 13 | Section 10. The Hotel Operators' Occupation Tax Act is | ||||||
| 14 | amended by changing Sections 2, 3, and 6 as follows: | ||||||
| 15 | (35 ILCS 145/2) (from Ch. 120, par. 481b.32) | ||||||
| 16 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 17 | context otherwise requires: | ||||||
| 18 | (1) "Hotel" means any building or buildings in which the | ||||||
| 19 | public may, for a consideration, obtain living quarters, | ||||||
| 20 | sleeping or housekeeping accommodations. The term includes, | ||||||
| 21 | but is not limited to, inns, motels, tourist homes or courts, | ||||||
| 22 | lodging houses, rooming houses and apartment houses, retreat | ||||||
| 23 | centers, conference centers, hunting lodges, and short-term | ||||||
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| 1 | rentals. | ||||||
| 2 | (2) "Operator" means any person engaged in the business of | ||||||
| 3 | renting, leasing, or letting rooms in a hotel. | ||||||
| 4 | (3) "Occupancy" means the use or possession, or the right | ||||||
| 5 | to the use or possession, of any room or rooms in a hotel for | ||||||
| 6 | any purpose, or the right to the use or possession of the | ||||||
| 7 | furnishings or to the services and accommodations accompanying | ||||||
| 8 | the use and possession of the room or rooms. | ||||||
| 9 | (4) "Room" or "rooms" means any living quarters, sleeping | ||||||
| 10 | or housekeeping accommodations. | ||||||
| 11 | (5) "Permanent resident" means any person who occupied or | ||||||
| 12 | has the right to occupy any room or rooms, regardless of | ||||||
| 13 | whether or not it is the same room or rooms, in a hotel for at | ||||||
| 14 | least 30 consecutive days. | ||||||
| 15 | (6) "Rent" or "rental" means the consideration received | ||||||
| 16 | for occupancy, valued in money, whether received in money or | ||||||
| 17 | otherwise, including all receipts, cash, credits, and property | ||||||
| 18 | or services of any kind or nature. "Rent" or "rental" includes | ||||||
| 19 | any fee, charge, or commission received from a guest by a | ||||||
| 20 | re-renter of hotel rooms specifically in connection with the | ||||||
| 21 | re-rental of hotel rooms. | ||||||
| 22 | (7) "Department" means the Department of Revenue. | ||||||
| 23 | (8) "Person" means any natural individual, firm, | ||||||
| 24 | partnership, association, joint stock company, joint | ||||||
| 25 | adventure, public or private corporation, limited liability | ||||||
| 26 | company, or a receiver, executor, trustee, guardian, or other | ||||||
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| 1 | representative appointed by order of any court. | ||||||
| 2 | (9) "Re-renter of hotel rooms" means a person who is not | ||||||
| 3 | employed by the hotel operator but who, either directly or | ||||||
| 4 | indirectly, through agreements or arrangements with third | ||||||
| 5 | parties, collects or processes the payment of rent for a hotel | ||||||
| 6 | room located in this State and (i) obtains the right or | ||||||
| 7 | authority to grant control of, access to, or occupancy of a | ||||||
| 8 | hotel room in this State to a guest of the hotel or (ii) | ||||||
| 9 | facilitates the booking of a hotel room located in this State. | ||||||
| 10 | A person who obtains those rights or authorities is not | ||||||
| 11 | considered a re-renter of a hotel room if the person operates | ||||||
| 12 | under a shared hotel brand with the operator. | ||||||
| 13 | (10) "Hosting platform" or "platform" means a person who | ||||||
| 14 | provides an online application, software, website, or system | ||||||
| 15 | through which a short-term rental located in this State is | ||||||
| 16 | advertised or held out to the public as available to rent for | ||||||
| 17 | occupancy. For purposes of this definition, "short-term | ||||||
| 18 | rental" means an owner-occupied, tenant-occupied, or | ||||||
| 19 | non-owner-occupied dwelling, including, but not limited to, an | ||||||
| 20 | apartment, house, cottage, or condominium, located in this | ||||||
| 21 | State, where: (i) at least one room in the dwelling is rented | ||||||
| 22 | to an occupant for a period of less than 30 consecutive days; | ||||||
| 23 | and (ii) all accommodations are reserved in advance; provided, | ||||||
| 24 | however, that a dwelling shall be considered a single room if | ||||||
| 25 | rented as such. | ||||||
| 26 | (11) "Shared hotel brand" means an identifying trademark | ||||||
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| 1 | that a hotel operator is expressly licensed to operate under | ||||||
| 2 | in accordance with the terms of a hotel franchise or | ||||||
| 3 | management agreement. | ||||||
| 4 | (12) "Short-term rental" means an owner-occupied, | ||||||
| 5 | tenant-occupied, or non-owner-occupied dwelling, including, | ||||||
| 6 | but not limited to, an apartment, house, cottage, or | ||||||
| 7 | condominium, located in this State, where: (i) at least one | ||||||
| 8 | room in the dwelling is rented to an occupant for a period of | ||||||
| 9 | less than 30 consecutive days; and (ii) all accommodations are | ||||||
| 10 | reserved in advance; provided, however, that a dwelling shall | ||||||
| 11 | be considered a single room if rented as such. | ||||||
| 12 | (Source: P.A. 103-592, eff. 7-1-24; 104-6, eff. 7-1-25; | ||||||
| 13 | 104-417, eff. 8-15-25.) | ||||||
| 14 | (35 ILCS 145/3) (from Ch. 120, par. 481b.33) | ||||||
| 15 | Sec. 3. Rate; exemptions. | ||||||
| 16 | (a) A tax is imposed upon hotel operators at the rate of 5% | ||||||
| 17 | of 94% of the gross rental receipts from engaging in business | ||||||
| 18 | as a hotel operator, excluding, however, from gross rental | ||||||
| 19 | receipts, the proceeds of renting, leasing or letting hotel | ||||||
| 20 | rooms to permanent residents of a hotel and proceeds from the | ||||||
| 21 | tax imposed under subsection (c) of Section 13 of the | ||||||
| 22 | Metropolitan Pier and Exposition Authority Act. | ||||||
| 23 | (b) There shall be imposed an additional tax upon hotel | ||||||
| 24 | operators at the rate of 1% of 94% of the gross rental receipts | ||||||
| 25 | received by the hotel operator from engaging in business as a | ||||||
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| 1 | hotel operator, excluding, however, from gross rental | ||||||
| 2 | receipts, the proceeds of such renting, leasing or letting to | ||||||
| 3 | permanent residents of that hotel and proceeds from the tax | ||||||
| 4 | imposed under subsection (c) of Section 13 of the Metropolitan | ||||||
| 5 | Pier and Exposition Authority Act. | ||||||
| 6 | (b-5) Beginning on July 1, 2024, if the renting, leasing, | ||||||
| 7 | or letting of a hotel room is done through a re-renter of hotel | ||||||
| 8 | rooms, then, subject to the provisions of Sections 3-2 and | ||||||
| 9 | 3-3, the re-renter is the hotel operator for the purposes of | ||||||
| 10 | the taxes under subsections (a), and (b), or (b-10). If the | ||||||
| 11 | re-renter is headquartered outside of this State and has no | ||||||
| 12 | presence in this State other than its business as a re-renter, | ||||||
| 13 | conducted remotely, then, subject to the provisions of | ||||||
| 14 | Sections 3-2 and 3-3, such re-renter is the hotel operator for | ||||||
| 15 | the purposes of the taxes under subsections (a) and (b) if it | ||||||
| 16 | meets one of the following thresholds: | ||||||
| 17 | (1) the cumulative gross receipts from rentals in | ||||||
| 18 | Illinois by the re-renter of hotel rooms are $100,000 or | ||||||
| 19 | more; or | ||||||
| 20 | (2) the re-renter of hotel rooms cumulatively enters | ||||||
| 21 | into 200 or more separate transactions for rentals in | ||||||
| 22 | Illinois. | ||||||
| 23 | A re-renter of hotel rooms who is headquartered outside of | ||||||
| 24 | this State and has no presence in this State other than its | ||||||
| 25 | business as a re-renter, conducted remotely, shall determine | ||||||
| 26 | on a quarterly basis, ending on the last day of March, June, | ||||||
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| 1 | September, and December, whether he or she meets the threshold | ||||||
| 2 | of either paragraph (1) or (2) of this subsection (b-5) for the | ||||||
| 3 | preceding 12-month period. If such re-renter of hotel rooms | ||||||
| 4 | meets the threshold of either paragraph (1) or (2) for a | ||||||
| 5 | 12-month period, he or she is subject to tax under this Act and | ||||||
| 6 | is required to remit the tax imposed under this Act and file | ||||||
| 7 | returns for the 12-month period beginning on the first day of | ||||||
| 8 | the next month after he or she determines that he or she meets | ||||||
| 9 | the threshold of paragraph (1) or (2). At the end of that | ||||||
| 10 | 12-month period, such re-renter of hotel rooms shall determine | ||||||
| 11 | whether he or she continued to meet the threshold of either | ||||||
| 12 | paragraph (1) or (2) during the preceding 12-month period. If | ||||||
| 13 | he or she met the threshold in either paragraph (1) or (2) for | ||||||
| 14 | the preceding 12-month period, he or she is a hotel operator in | ||||||
| 15 | this State and is required to remit the tax imposed under this | ||||||
| 16 | Act and file returns for the subsequent 12-month period. If, | ||||||
| 17 | at the end of a 12-month period during which such re-renter is | ||||||
| 18 | required to remit the tax imposed under this Act, the | ||||||
| 19 | re-renter determines that he or she did not meet the threshold | ||||||
| 20 | in either paragraph (1) or (2) during the preceding 12-month | ||||||
| 21 | period, he or she shall subsequently determine on a quarterly | ||||||
| 22 | basis, ending on the last day of March, June, September, and | ||||||
| 23 | December, whether he or she meets the threshold of either | ||||||
| 24 | paragraph (1) or (2) for the preceding 12-month period. | ||||||
| 25 | (b-10) On and after January 1, 2027, an additional tax is | ||||||
| 26 | imposed upon operators of short-term rentals. The tax under | ||||||
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| 1 | this subsection (b-10) is imposed at the rate of 4% of 94% of | ||||||
| 2 | the gross rental receipts from the renting, leasing, or | ||||||
| 3 | letting of short-term rentals in this State. | ||||||
| 4 | (c) No funds received pursuant to this Act shall be used to | ||||||
| 5 | advertise for or otherwise promote new competition in the | ||||||
| 6 | hotel business. | ||||||
| 7 | (d) However, such tax is not imposed upon the privilege of | ||||||
| 8 | engaging in any business in Interstate Commerce or otherwise, | ||||||
| 9 | which business may not, under the Constitution and Statutes of | ||||||
| 10 | the United States, be made the subject of taxation by this | ||||||
| 11 | State. In addition, the tax is not imposed upon gross rental | ||||||
| 12 | receipts for which the hotel operator is prohibited from | ||||||
| 13 | obtaining reimbursement for the tax from the customer by | ||||||
| 14 | reason of a federal treaty. | ||||||
| 15 | (d-5) On and after July 1, 2017, the tax imposed by this | ||||||
| 16 | Act shall not apply to gross rental receipts received by an | ||||||
| 17 | entity that is organized and operated exclusively for | ||||||
| 18 | religious purposes and possesses an active Exemption | ||||||
| 19 | Identification Number issued by the Department pursuant to the | ||||||
| 20 | Retailers' Occupation Tax Act when acting as a hotel operator | ||||||
| 21 | renting, leasing, or letting rooms: | ||||||
| 22 | (1) in furtherance of the purposes for which it is | ||||||
| 23 | organized; or | ||||||
| 24 | (2) to entities that (i) are organized and operated | ||||||
| 25 | exclusively for religious purposes, (ii) possess an active | ||||||
| 26 | Exemption Identification Number issued by the Department | ||||||
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| 1 | pursuant to the Retailers' Occupation Tax Act, and (iii) | ||||||
| 2 | rent the rooms in furtherance of the purposes for which | ||||||
| 3 | they are organized. | ||||||
| 4 | No gross rental receipts are exempt under paragraph (2) of | ||||||
| 5 | this subsection (d-5) unless the hotel operator obtains the | ||||||
| 6 | active Exemption Identification Number from the exclusively | ||||||
| 7 | religious entity to whom it is renting and maintains that | ||||||
| 8 | number in its books and records. Gross rental receipts from | ||||||
| 9 | all rentals other than those described in items (1) or (2) of | ||||||
| 10 | this subsection (d-5) are subject to the tax imposed by this | ||||||
| 11 | Act unless otherwise exempt under this Act. | ||||||
| 12 | This subsection (d-5) is exempt from the sunset provisions | ||||||
| 13 | of Section 3-5 of this Act. | ||||||
| 14 | (d-10) On and after July 1, 2023, the tax imposed by this | ||||||
| 15 | Act shall not apply to gross rental receipts received from the | ||||||
| 16 | renting, leasing, or letting of rooms to an entity that is | ||||||
| 17 | organized and operated exclusively by an organization | ||||||
| 18 | chartered by the United States Congress for the purpose of | ||||||
| 19 | providing disaster relief and that possesses an active | ||||||
| 20 | Exemption Identification Number issued by the Department | ||||||
| 21 | pursuant to the Retailers' Occupation Tax Act if the renting, | ||||||
| 22 | leasing, or letting of the rooms is in furtherance of the | ||||||
| 23 | purposes for which the exempt organization is organized. This | ||||||
| 24 | subsection (d-10) is exempt from the sunset provisions of | ||||||
| 25 | Section 3-5 of this Act. | ||||||
| 26 | (e) Persons subject to the tax imposed by this Act may | ||||||
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| 1 | reimburse themselves for their tax liability under this Act by | ||||||
| 2 | separately stating such tax as an additional charge, which | ||||||
| 3 | charge may be stated in combination, in a single amount, with | ||||||
| 4 | any tax imposed pursuant to Sections 8-3-13 and 8-3-14 of the | ||||||
| 5 | Illinois Municipal Code, and Section 25.05-10 of "An Act to | ||||||
| 6 | revise the law in relation to counties". | ||||||
| 7 | (f) If any hotel operator collects an amount (however | ||||||
| 8 | designated) which purports to reimburse such operator for | ||||||
| 9 | hotel operators' occupation tax liability measured by receipts | ||||||
| 10 | which are not subject to hotel operators' occupation tax, or | ||||||
| 11 | if any hotel operator, in collecting an amount (however | ||||||
| 12 | designated) which purports to reimburse such operator for | ||||||
| 13 | hotel operators' occupation tax liability measured by receipts | ||||||
| 14 | which are subject to tax under this Act, collects more from the | ||||||
| 15 | guest or re-renter than the operators' hotel operators' | ||||||
| 16 | occupation tax liability in the transaction is, the guest or | ||||||
| 17 | re-renter, as applicable, shall have a legal right to claim a | ||||||
| 18 | refund of such amount from such operator. However, if such | ||||||
| 19 | amount is not refunded to the guest or re-renter, as | ||||||
| 20 | applicable, for any reason, the hotel operator is liable to | ||||||
| 21 | pay such amount to the Department. | ||||||
| 22 | (Source: P.A. 103-9, eff. 6-7-23; 103-592, eff. 7-1-24.) | ||||||
| 23 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36) | ||||||
| 24 | Sec. 6. Returns; allocation of proceeds. | ||||||
| 25 | (a) Except as provided hereinafter in this Section, on or | ||||||
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| 1 | before the last day of each calendar month, every person | ||||||
| 2 | engaged as a hotel operator in this State during the preceding | ||||||
| 3 | calendar month shall file a return with the Department, | ||||||
| 4 | stating: | ||||||
| 5 | 1. the name of the operator; | ||||||
| 6 | 2. the operator's his residence address and the | ||||||
| 7 | address of the operator's his principal place of business | ||||||
| 8 | and the address of the principal place of business (if | ||||||
| 9 | that is a different address) from which the operator he | ||||||
| 10 | engages in business as a hotel operator in this State | ||||||
| 11 | (including, if required by the Department, the address of | ||||||
| 12 | each hotel from which rental receipts were received); | ||||||
| 13 | 3. the total amount of rental receipts received by the | ||||||
| 14 | operator him during the preceding calendar month from | ||||||
| 15 | engaging in business as a hotel operator during the such | ||||||
| 16 | preceding calendar month; | ||||||
| 17 | 4. the total amount of rental receipts received by the | ||||||
| 18 | operator him during the preceding calendar month from | ||||||
| 19 | renting, leasing, or letting rooms to permanent residents | ||||||
| 20 | during the such preceding calendar month; | ||||||
| 21 | 5. the total amount of rental receipts received by the | ||||||
| 22 | operator during the preceding calendar month from the | ||||||
| 23 | renting, leasing, or letting of short-term rentals during | ||||||
| 24 | the preceding calendar month; | ||||||
| 25 | 6. the 5. total amount of other exclusions from gross | ||||||
| 26 | rental receipts allowed by this Act; | ||||||
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| 1 | 7. the 6. gross rental receipts which were received by | ||||||
| 2 | the operator him during the preceding calendar month and | ||||||
| 3 | upon the basis of which the tax is imposed; | ||||||
| 4 | 8. the 7. the amount of tax due; | ||||||
| 5 | 9. the 8. credit for any reimbursement of tax paid by a | ||||||
| 6 | re-renter of hotel rooms to hotel operators for rentals | ||||||
| 7 | purchased for re-rental, as provided in Section 3-3 of | ||||||
| 8 | this Act; | ||||||
| 9 | 10. 9. such other reasonable information as the | ||||||
| 10 | Department may require. | ||||||
| 11 | If the operator's average monthly tax liability to the | ||||||
| 12 | Department does not exceed $200, the Department may authorize | ||||||
| 13 | his returns to be filed on a quarter annual basis, with the | ||||||
| 14 | return for January, February and March of a given year being | ||||||
| 15 | due by April 30 of such year; with the return for April, May | ||||||
| 16 | and June of a given year being due by July 31 of such year; | ||||||
| 17 | with the return for July, August and September of a given year | ||||||
| 18 | being due by October 31 of such year, and with the return for | ||||||
| 19 | October, November and December of a given year being due by | ||||||
| 20 | January 31 of the following year. | ||||||
| 21 | If the operator's average monthly tax liability to the | ||||||
| 22 | Department does not exceed $50, the Department may authorize | ||||||
| 23 | his returns to be filed on an annual basis, with the return for | ||||||
| 24 | a given year being due by January 31 of the following year. | ||||||
| 25 | Such quarter annual and annual returns, as to form and | ||||||
| 26 | substance, shall be subject to the same requirements as | ||||||
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| 1 | monthly returns. | ||||||
| 2 | Notwithstanding any other provision in this Act concerning | ||||||
| 3 | the time within which an operator may file his return, in the | ||||||
| 4 | case of any operator who ceases to engage in a kind of business | ||||||
| 5 | which makes him responsible for filing returns under this Act, | ||||||
| 6 | such operator shall file a final return under this Act with the | ||||||
| 7 | Department not more than one month after discontinuing such | ||||||
| 8 | business. | ||||||
| 9 | Where the same person has more than one business | ||||||
| 10 | registered with the Department under separate registrations | ||||||
| 11 | under this Act, such person shall not file each return that is | ||||||
| 12 | due as a single return covering all such registered | ||||||
| 13 | businesses, but shall file separate returns for each such | ||||||
| 14 | registered business. | ||||||
| 15 | In his return, the operator shall determine the value of | ||||||
| 16 | any consideration other than money received by him in | ||||||
| 17 | connection with engaging in business as a hotel operator and | ||||||
| 18 | he shall include such value in his return. Such determination | ||||||
| 19 | shall be subject to review and revision by the Department in | ||||||
| 20 | the manner hereinafter provided for the correction of returns. | ||||||
| 21 | Where the operator is a corporation, the return filed on | ||||||
| 22 | behalf of such corporation shall be signed by the president, | ||||||
| 23 | vice-president, secretary or treasurer or by the properly | ||||||
| 24 | accredited agent of such corporation. | ||||||
| 25 | The person filing the return herein provided for shall, at | ||||||
| 26 | the time of filing such return, pay to the Department the | ||||||
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| 1 | amount of tax herein imposed. The operator filing the return | ||||||
| 2 | under this Section shall, at the time of filing such return, | ||||||
| 3 | pay to the Department the amount of tax imposed by this Act | ||||||
| 4 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
| 5 | greater, which is allowed to reimburse the operator for the | ||||||
| 6 | expenses incurred in keeping records, preparing and filing | ||||||
| 7 | returns, remitting the tax and supplying data to the | ||||||
| 8 | Department on request. | ||||||
| 9 | If any payment provided for in this Section exceeds the | ||||||
| 10 | operator's liabilities under this Act, as shown on an original | ||||||
| 11 | return, the Department may authorize the operator to credit | ||||||
| 12 | such excess payment against liability subsequently to be | ||||||
| 13 | remitted to the Department under this Act, in accordance with | ||||||
| 14 | reasonable rules adopted by the Department. If the Department | ||||||
| 15 | subsequently determines that all or any part of the credit | ||||||
| 16 | taken was not actually due to the operator, the operator's | ||||||
| 17 | discount shall be reduced by an amount equal to the difference | ||||||
| 18 | between the discount as applied to the credit taken and that | ||||||
| 19 | actually due, and that operator shall be liable for penalties | ||||||
| 20 | and interest on such difference. | ||||||
| 21 | (b) Until July 1, 2024, the Department shall deposit the | ||||||
| 22 | total net revenue realized from the tax imposed under this Act | ||||||
| 23 | as provided in this subsection (b). Beginning on July 1, 2024, | ||||||
| 24 | the Department shall deposit the total net revenue realized | ||||||
| 25 | from the tax imposed under this Act as provided in subsection | ||||||
| 26 | (c). | ||||||
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| 1 | There shall be deposited into the Build Illinois Fund in | ||||||
| 2 | the State treasury for each State fiscal year 40% of the amount | ||||||
| 3 | of total net revenue from the tax imposed by subsection (a) of | ||||||
| 4 | Section 3. Of the remaining 60%: (i) $5,000,000 shall be | ||||||
| 5 | deposited into the Illinois Sports Facilities Fund and | ||||||
| 6 | credited to the Subsidy Account each fiscal year by making | ||||||
| 7 | monthly deposits in the amount of 1/8 of $5,000,000 plus | ||||||
| 8 | cumulative deficiencies in such deposits for prior months, and | ||||||
| 9 | (ii) an amount equal to the then applicable Advance Amount, as | ||||||
| 10 | defined in subsection (d), shall be deposited into the | ||||||
| 11 | Illinois Sports Facilities Fund and credited to the Advance | ||||||
| 12 | Account each fiscal year by making monthly deposits in the | ||||||
| 13 | amount of 1/8 of the then applicable Advance Amount plus any | ||||||
| 14 | cumulative deficiencies in such deposits for prior months. | ||||||
| 15 | (The deposits of the then applicable Advance Amount during | ||||||
| 16 | each fiscal year shall be treated as advances of funds to the | ||||||
| 17 | Illinois Sports Facilities Authority for its corporate | ||||||
| 18 | purposes to the extent paid to the Authority or its trustee and | ||||||
| 19 | shall be repaid into the General Revenue Fund in the State | ||||||
| 20 | treasury by the State Treasurer on behalf of the Authority | ||||||
| 21 | pursuant to Section 19 of the Illinois Sports Facilities | ||||||
| 22 | Authority Act, as amended. If in any fiscal year the full | ||||||
| 23 | amount of the then applicable Advance Amount is not repaid | ||||||
| 24 | into the General Revenue Fund, then the deficiency shall be | ||||||
| 25 | paid from the amount in the Local Government Distributive Fund | ||||||
| 26 | that would otherwise be allocated to the City of Chicago under | ||||||
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| |||||||
| 1 | the State Revenue Sharing Act.) | ||||||
| 2 | Of the remaining 60% of the amount of total net revenue | ||||||
| 3 | beginning on August 1, 2011 through June 30, 2023, from the tax | ||||||
| 4 | imposed by subsection (a) of Section 3 after all required | ||||||
| 5 | deposits into the Illinois Sports Facilities Fund, an amount | ||||||
| 6 | equal to 8% of the net revenue realized from this Act during | ||||||
| 7 | the preceding month shall be deposited as follows: 18% of such | ||||||
| 8 | amount shall be deposited into the Chicago Travel Industry | ||||||
| 9 | Promotion Fund for the purposes described in subsection (n) of | ||||||
| 10 | Section 5 of the Metropolitan Pier and Exposition Authority | ||||||
| 11 | Act and the remaining 82% of such amount shall be deposited | ||||||
| 12 | into the Local Tourism Fund each month for purposes authorized | ||||||
| 13 | by Section 605-705 of the Department of Commerce and Economic | ||||||
| 14 | Opportunity Law. Beginning on August 1, 2011 and through June | ||||||
| 15 | 30, 2023, an amount equal to 4.5% of the net revenue realized | ||||||
| 16 | from this Act during the preceding month shall be deposited as | ||||||
| 17 | follows: 55% of such amount shall be deposited into the | ||||||
| 18 | Chicago Travel Industry Promotion Fund for the purposes | ||||||
| 19 | described in subsection (n) of Section 5 of the Metropolitan | ||||||
| 20 | Pier and Exposition Authority Act and the remaining 45% of | ||||||
| 21 | such amount deposited into the International Tourism Fund for | ||||||
| 22 | the purposes authorized in Section 605-707 of the Department | ||||||
| 23 | of Commerce and Economic Opportunity Law. | ||||||
| 24 | Beginning on July 1, 2023 and until July 1, 2024, of the | ||||||
| 25 | remaining 60% of the amount of total net revenue realized from | ||||||
| 26 | the tax imposed under subsection (a) of Section 3, after all | ||||||
| |||||||
| |||||||
| 1 | required deposits into the Illinois Sports Facilities Fund: | ||||||
| 2 | (1) an amount equal to 8% of the net revenue realized | ||||||
| 3 | under this Act for the preceding month shall be deposited | ||||||
| 4 | as follows: 82% to the Local Tourism Fund and 18% to the | ||||||
| 5 | Chicago Travel Industry Promotion Fund; and | ||||||
| 6 | (2) an amount equal to 4.5% of the net revenue | ||||||
| 7 | realized under this Act for the preceding month shall be | ||||||
| 8 | deposited as follows: 55% to the Chicago Travel Industry | ||||||
| 9 | Promotion Fund and 45% to the International Tourism Fund. | ||||||
| 10 | After making all these deposits, any remaining net revenue | ||||||
| 11 | realized from the tax imposed under subsection (a) of Section | ||||||
| 12 | 3 shall be deposited into the Tourism Promotion Fund in the | ||||||
| 13 | State treasury. All moneys received by the Department from the | ||||||
| 14 | additional tax imposed under subsection (b) of Section 3 shall | ||||||
| 15 | be deposited into the Build Illinois Fund in the State | ||||||
| 16 | treasury. | ||||||
| 17 | (c) Beginning on July 1, 2024, except as provided in | ||||||
| 18 | subsection (c-5), the total net revenue realized from the tax | ||||||
| 19 | imposed under this Act for the preceding month shall be | ||||||
| 20 | deposited each month as follows: | ||||||
| 21 | (1) 50% shall be deposited into the Build Illinois | ||||||
| 22 | Fund; and | ||||||
| 23 | (2) the remaining 50% shall be deposited in the | ||||||
| 24 | following order of priority: | ||||||
| 25 | (A) First: | ||||||
| 26 | (i) $5,000,000 shall be deposited into the | ||||||
| |||||||
| |||||||
| 1 | Illinois Sports Facilities Fund and credited to | ||||||
| 2 | the Subsidy Account each fiscal year by making | ||||||
| 3 | monthly deposits in the amount of one-eighth of | ||||||
| 4 | $5,000,000 plus cumulative deficiencies in those | ||||||
| 5 | deposits for prior months; and | ||||||
| 6 | (ii) an amount equal to the then applicable | ||||||
| 7 | Advance Amount, as defined in subsection (d), | ||||||
| 8 | shall be deposited into the Illinois Sports | ||||||
| 9 | Facilities Fund and credited to the Advance | ||||||
| 10 | Account each fiscal year by making monthly | ||||||
| 11 | deposits in the amount of one-eighth of the then | ||||||
| 12 | applicable Advance Amount plus any cumulative | ||||||
| 13 | deficiencies in such deposits for prior months; | ||||||
| 14 | the deposits of the then applicable Advance Amount | ||||||
| 15 | during each fiscal year shall be treated as | ||||||
| 16 | advances of funds to the Illinois Sports | ||||||
| 17 | Facilities Authority for its corporate purposes to | ||||||
| 18 | the extent paid to the Illinois Sports Facilities | ||||||
| 19 | Authority or its trustee and shall be repaid into | ||||||
| 20 | the General Revenue Fund in the State treasury by | ||||||
| 21 | the State Treasurer on behalf of the Authority | ||||||
| 22 | pursuant to Section 19 of the Illinois Sports | ||||||
| 23 | Facilities Authority Act; if, in any fiscal year, | ||||||
| 24 | the full amount of the Advance Amount is not | ||||||
| 25 | repaid into the General Revenue Fund, then the | ||||||
| 26 | deficiency shall be paid from the amount in the | ||||||
| |||||||
| |||||||
| 1 | Local Government Distributive Fund that would | ||||||
| 2 | otherwise be allocated to the City of Chicago | ||||||
| 3 | under the State Revenue Sharing Act; and | ||||||
| 4 | (B) after all required deposits into the Illinois | ||||||
| 5 | Sports Facilities Fund under paragraph (A) have been | ||||||
| 6 | made each month, the remainder shall be deposited as | ||||||
| 7 | follows: | ||||||
| 8 | (i) 56% into the Tourism Promotion Fund; | ||||||
| 9 | (ii) 23% into the Local Tourism Fund; | ||||||
| 10 | (iii) 14% into the Chicago Travel Industry | ||||||
| 11 | Promotion Fund; and | ||||||
| 12 | (iv) 7% into the International Tourism Fund. | ||||||
| 13 | (c-5) Notwithstanding any other provision of law, 100% of | ||||||
| 14 | the proceeds received from the tax imposed on hosting | ||||||
| 15 | platforms under subsection (b-10) of Section 3 shall be | ||||||
| 16 | deposited into the Illinois Community Land Trust Fund. | ||||||
| 17 | (d) As used in subsections (b) and (c): | ||||||
| 18 | "Advance Amount" means, for fiscal year 2002, $22,179,000, | ||||||
| 19 | and for subsequent fiscal years through fiscal year 2033, | ||||||
| 20 | 105.615% of the Advance Amount for the immediately preceding | ||||||
| 21 | fiscal year, rounded up to the nearest $1,000. | ||||||
| 22 | "Net revenue realized" means the revenue collected by the | ||||||
| 23 | State under this Act less the amount paid out as refunds to | ||||||
| 24 | taxpayers for overpayment of liability under this Act. | ||||||
| 25 | (e) The Department may, upon separate written notice to a | ||||||
| 26 | taxpayer, require the taxpayer to prepare and file with the | ||||||
| |||||||
| |||||||
| 1 | Department on a form prescribed by the Department within not | ||||||
| 2 | less than 60 days after receipt of the notice an annual | ||||||
| 3 | information return for the tax year specified in the notice. | ||||||
| 4 | Such annual return to the Department shall include a statement | ||||||
| 5 | of gross receipts as shown by the operator's last State income | ||||||
| 6 | tax return. If the total receipts of the business as reported | ||||||
| 7 | in the State income tax return do not agree with the gross | ||||||
| 8 | receipts reported to the Department for the same period, the | ||||||
| 9 | operator shall attach to his annual information return a | ||||||
| 10 | schedule showing a reconciliation of the 2 amounts and the | ||||||
| 11 | reasons for the difference. The operator's annual information | ||||||
| 12 | return to the Department shall also disclose payroll | ||||||
| 13 | information of the operator's business during the year covered | ||||||
| 14 | by such return and any additional reasonable information which | ||||||
| 15 | the Department deems would be helpful in determining the | ||||||
| 16 | accuracy of the monthly, quarterly or annual tax returns by | ||||||
| 17 | such operator as hereinbefore provided for in this Section. | ||||||
| 18 | If the annual information return required by this Section | ||||||
| 19 | is not filed when and as required the taxpayer shall be liable | ||||||
| 20 | for a penalty in an amount determined in accordance with | ||||||
| 21 | Section 3-4 of the Uniform Penalty and Interest Act until such | ||||||
| 22 | return is filed as required, the penalty to be assessed and | ||||||
| 23 | collected in the same manner as any other penalty provided for | ||||||
| 24 | in this Act. | ||||||
| 25 | The chief executive officer, proprietor, owner or highest | ||||||
| 26 | ranking manager shall sign the annual return to certify the | ||||||
| |||||||
| |||||||
| 1 | accuracy of the information contained therein. Any person who | ||||||
| 2 | willfully signs the annual return containing false or | ||||||
| 3 | inaccurate information shall be guilty of perjury and punished | ||||||
| 4 | accordingly. The annual return form prescribed by the | ||||||
| 5 | Department shall include a warning that the person signing the | ||||||
| 6 | return may be liable for perjury. | ||||||
| 7 | The foregoing portion of this Section concerning the | ||||||
| 8 | filing of an annual information return shall not apply to an | ||||||
| 9 | operator who is not required to file an income tax return with | ||||||
| 10 | the United States Government. | ||||||
| 11 | (Source: P.A. 103-8, eff. 6-7-23; 103-592, eff. 7-1-24; | ||||||
| 12 | 103-642, eff. 7-1-24; 104-417, eff. 8-15-25.) | ||||||
| 13 | Section 15. The Property Tax Code is amended by adding | ||||||
| 14 | Section 15-77 as follows: | ||||||
| 15 | (35 ILCS 200/15-77 new) | ||||||
| 16 | Sec. 15-77. Community land trusts. Beginning in taxable | ||||||
| 17 | year 2027, property that is owned by a non-profit community | ||||||
| 18 | land trust, as defined in the Community Land Trust Home | ||||||
| 19 | Ownership Act, and that is used exclusively for the creation | ||||||
| 20 | and maintenance of permanently affordable owner occupied | ||||||
| 21 | single-family or multifamily residences is exempt beginning | ||||||
| 22 | with the taxable year in which the property is acquired by the | ||||||
| 23 | community land trust and continuing through the taxable year | ||||||
| 24 | in which the property is sold to a homeowner. | ||||||
| |||||||
| |||||||
| 1 | Section 20. The Community Land Trust Home Ownership Act is | ||||||
| 2 | amended by changing Section 15 as follows: | ||||||
| 3 | (310 ILCS 130/15) | ||||||
| 4 | Sec. 15. Definitions. As used in this Act: | ||||||
| 5 | "501(c)(3) organization" means a nonprofit organization | ||||||
| 6 | that is exempt or qualified for exemption from taxation under | ||||||
| 7 | Section 501(c)(3) of the Internal Revenue Code of 1986. | ||||||
| 8 | "Community land trust" means a 501(c)(3) organization that | ||||||
| 9 | has as its primary purposes the creation and maintenance of | ||||||
| 10 | permanently affordable single-family or multifamily residences | ||||||
| 11 | subject to all of the following criteria: | ||||||
| 12 | (1) All single-family residences or multifamily | ||||||
| 13 | residences located on the land owned by the 501(c)(3) | ||||||
| 14 | organization or its wholly owned subsidiary must be | ||||||
| 15 | either: | ||||||
| 16 | (A) sold to a buyer who is qualified under the | ||||||
| 17 | community land trust's program rules and occupied as | ||||||
| 18 | the qualified buyer's primary residence; or | ||||||
| 19 | (B) rented to a person or persons whose household | ||||||
| 20 | income does not exceed the maximum allowable gross | ||||||
| 21 | household income, as determined by the community land | ||||||
| 22 | trust, for that dwelling or unit. | ||||||
| 23 | (2) Land that is owned by the 501(c)(3) organization | ||||||
| 24 | and that contains a single-family residence or multifamily | ||||||
| |||||||
| |||||||
| 1 | residence that is sold to a qualified buyer described in | ||||||
| 2 | subparagraph (A) of paragraph (1) shall be leased to the | ||||||
| 3 | qualified buyer for the buyer's convenient occupation and | ||||||
| 4 | use, subject to a ground lease with affordability | ||||||
| 5 | restrictions, for a renewable term of 99 years for the | ||||||
| 6 | purpose of maintaining dwellings or units that are | ||||||
| 7 | permanently affordable. | ||||||
| 8 | (3) In the case of dwellings or units that are part of | ||||||
| 9 | a condominium, cooperative, or other common interest | ||||||
| 10 | development and that are located on land that is owned by a | ||||||
| 11 | homeowners' association or a person other than the | ||||||
| 12 | community land trust, the condominium unit or interest | ||||||
| 13 | owned by the community land trust shall be sold to a | ||||||
| 14 | qualified buyer for the buyer's convenient occupation and | ||||||
| 15 | use, subject to a deed restriction or affordability | ||||||
| 16 | covenant that incorporates affordability restrictions for | ||||||
| 17 | a renewable term of at least 99 years and that is recorded | ||||||
| 18 | against the unit or interest for the purpose of | ||||||
| 19 | maintaining dwellings or units that are permanently | ||||||
| 20 | affordable. governed by a board of community land trusts | ||||||
| 21 | residents, community residents, and public representatives | ||||||
| 22 | that provide permanent or long-term affordability and | ||||||
| 23 | shared equity homeownership opportunities. | ||||||
| 24 | (Source: P.A. 104-370, eff. 8-15-25.) | ||||||
| 25 | Section 99. Effective date. This Act takes effect upon | ||||||
| |||||||
| |||||||
| 1 | becoming law.". | ||||||
