Bill Text: IL HB1190 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Retailers' Occupation Tax Act. Makes a technical change in a Section concerning the rate of tax.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB1190 Detail]
Download: Illinois-2011-HB1190-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1190
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2 | AMENDMENT NO. ______. Amend House Bill 1190 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Sugar-Sweetened Beverages, Syrups, and Powder Tax Act.
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6 | Section 5. Findings. The General Assembly finds that over | ||||||
7 | the past 30 years, the obesity rate in the United States has | ||||||
8 | substantially increased. The prevalence of adult obesity has | ||||||
9 | more than doubled during that time. According to statistics | ||||||
10 | compiled by the Centers for Disease Control, nearly 27% of | ||||||
11 | Illinois' adult residents in 2008 were considered obese (having | ||||||
12 | a body mass index of 30 and above) and the rate was even higher | ||||||
13 | among African American (36.4%) and Hispanic (30.7%) residents.
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14 | The General Assembly further finds that, for children, the | ||||||
15 | increase in obesity has been even more dramatic, with the | ||||||
16 | obesity rate among children ages 6-11 more than quadrupling |
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1 | over the last 4 decades. The State of Illinois is not immune to | ||||||
2 | the problem. 21% of Illinois children (age 0-17 years) are | ||||||
3 | obese, the fourth worst rate in the nation.
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4 | The General Assembly further finds that obese children are | ||||||
5 | at least twice as likely as non-obese children to become obese | ||||||
6 | adults. Research indicates that the likelihood of an obese | ||||||
7 | child becoming an obese adult increases with age; adolescents | ||||||
8 | who are obese have a greater likelihood of being obese in | ||||||
9 | adulthood, as compared to younger children. | ||||||
10 | The General Assembly further finds that the obesity | ||||||
11 | epidemic has led to a dramatic increase in obesity-related | ||||||
12 | health conditions, such as type 2 diabetes, asthma, and heart | ||||||
13 | disease. These health conditions cost each of the states | ||||||
14 | billions of dollars in health care costs and lost productivity. | ||||||
15 | Obesity and weight-related illness accounts for $147 billion in | ||||||
16 | health care costs nationally, or 9% of all medical spending per | ||||||
17 | year. Obesity-related annual medical expenditures in the State | ||||||
18 | of Illinois are estimated at $3.4 billion in 2003 dollars. | ||||||
19 | Almost 60% of these costs are paid by public funds through | ||||||
20 | Medicare and Medicaid. | ||||||
21 | The General Assembly further finds that numerous studies | ||||||
22 | strongly support a link between obesity and consumption of | ||||||
23 | sweetened beverages such as soft drinks, energy drinks, sweet | ||||||
24 | teas and sports drinks. A study of a 5-year period between 1999 | ||||||
25 | and 2004 showed that children and adolescents consumed 10-15% | ||||||
26 | of their daily caloric intake from sweetened beverages, which |
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1 | offer little or no nutritional value and massive quantities of | ||||||
2 | added sugars. For example, a 12-ounce can of soda contains the | ||||||
3 | equivalent of approximately 10 teaspoons of sugar; the U.S. | ||||||
4 | Department of Agriculture recommends that a person eating a | ||||||
5 | 2,200-calorie diet should eat no more than 12 teaspoons of | ||||||
6 | refined sugar in a day. | ||||||
7 | It is the intent of the General Assembly, by adopting this | ||||||
8 | Act and creating the Illinois Health Promotion Fund, to | ||||||
9 | diminish the human and economic costs of obesity in the State | ||||||
10 | of Illinois. This Act is intended to discourage excessive | ||||||
11 | consumption of sugar-sweetened beverages by increasing the | ||||||
12 | price of these products and by creating a dedicated revenue | ||||||
13 | source for programs designed to prevent and treat obesity and | ||||||
14 | reduce the burden of related health conditions.
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15 | Section 10. Legislative intent. It is the intent of the | ||||||
16 | General Assembly, by adopting this Act and creating the | ||||||
17 | Illinois Health Promotion Fund, to diminish the human and | ||||||
18 | economic costs of obesity in the State of Illinois. This Act is | ||||||
19 | intended to discourage excessive consumption of | ||||||
20 | sugar-sweetened beverages and to create a dedicated revenue | ||||||
21 | source for programs designed to prevent and treat childhood | ||||||
22 | obesity and health conditions which result from it.
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23 | Section 15. Definitions. For purposes of this Act: | ||||||
24 | "Bottle" means any closed or sealed container regardless of |
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1 | size or shape, including, without limitation, those made of | ||||||
2 | glass, metal, paper, or plastic, or any other material or | ||||||
3 | combination of materials. | ||||||
4 | "Bottled sugar-sweetened beverage" means any | ||||||
5 | sugar-sweetened beverage contained in a bottle that is ready | ||||||
6 | for consumption without further processing such as, without | ||||||
7 | limitation, dilution or carbonation. | ||||||
8 | "Caloric sweetener" means any caloric substance suitable | ||||||
9 | for human consumption that humans perceive as sweet and | ||||||
10 | includes, without limitation, sucrose, fructose, glucose, or | ||||||
11 | other sugars. "Caloric sweetener" excludes non-caloric | ||||||
12 | sweeteners. For purposes of this definition, "caloric" means a | ||||||
13 | substance which adds calories to the diet of a person who | ||||||
14 | consumes that substance. | ||||||
15 | "Consumer" means a person who purchases a sugar-sweetened | ||||||
16 | beverage for consumption and not for sale to another. | ||||||
17 | "Department" means the Department of Revenue. | ||||||
18 | "Distributor" means any person, including manufacturers | ||||||
19 | and wholesale dealers, who receives, stores, manufactures, | ||||||
20 | bottles, or distributes bottled sugar-sweetened beverages, | ||||||
21 | syrup, or powder, for sale to retailers doing business in the | ||||||
22 | State, whether or not that person also sells those products to | ||||||
23 | consumers. | ||||||
24 | "Fund" means the Illinois Health Promotion Fund | ||||||
25 | established pursuant to Section 40. | ||||||
26 | "Non-caloric sweetener" means any non-caloric substance |
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1 | suitable for human consumption that humans perceive as sweet | ||||||
2 | and includes, without limitation, aspartame, saccharin, | ||||||
3 | stevia, and sucralose. "Non-caloric sweetener" excludes | ||||||
4 | caloric sweeteners. For purposes of this definition, | ||||||
5 | "non-caloric" means a substance that contains fewer than 5 | ||||||
6 | calories per serving. | ||||||
7 | "Person" means any natural person, partnership, | ||||||
8 | cooperative association, limited liability company, | ||||||
9 | corporation, personal representative, receiver, trustee, | ||||||
10 | assignee, or any other legal entity. | ||||||
11 | "Place of business" means any place where sugar-sweetened | ||||||
12 | beverages, syrups, or powder are manufactured or received for | ||||||
13 | sale in the State. | ||||||
14 | "Powder" means any solid mixture of ingredients used in | ||||||
15 | making, mixing, or compounding sugar-sweetened beverages by | ||||||
16 | mixing the powder with any one or more other ingredients, | ||||||
17 | including without limitation water, ice, syrup, simple syrup, | ||||||
18 | fruits, vegetables, fruit juice, vegetable juice, carbonation, | ||||||
19 | or other gas. | ||||||
20 | "Retailer" means any person who sells or otherwise | ||||||
21 | dispenses in the State a sugar-sweetened beverage to a consumer | ||||||
22 | whether or not that person is also a distributor as defined in | ||||||
23 | this Section. | ||||||
24 | "Sale" means the transfer of title or possession for | ||||||
25 | valuable consideration regardless of the manner by which the | ||||||
26 | transfer is completed. |
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1 | "State" means the State of Illinois. | ||||||
2 | "Sugar-sweetened beverage" means any nonalcoholic | ||||||
3 | beverage, carbonated
or noncarbonated, which is intended for | ||||||
4 | human consumption and contains any added caloric sweetener. As | ||||||
5 | used in this definition, "nonalcoholic beverage" means any | ||||||
6 | beverage that contains less than one-half of 1% alcohol per | ||||||
7 | volume. The term "sugar-sweetened beverage" does not include: | ||||||
8 | (1) beverages sweetened solely with non-caloric | ||||||
9 | sweeteners; | ||||||
10 | (2) beverages consisting of 100% natural fruit or | ||||||
11 | vegetable juice with no added caloric sweetener; for | ||||||
12 | purposes of this paragraph, "natural fruit juice" and | ||||||
13 | "natural vegetable juice" mean the original liquid | ||||||
14 | resulting from the pressing of fruits or vegetables, or the | ||||||
15 | liquid resulting from the dilution of dehydrated natural | ||||||
16 | fruit juice or natural vegetable juice; | ||||||
17 | (3) beverages in which milk is the primary ingredient | ||||||
18 | or the first listed ingredient on the label of the | ||||||
19 | beverage; for purposes of this Act, "milk" means natural | ||||||
20 | liquid milk regardless of animal or plant source or | ||||||
21 | butterfat content; natural milk concentrate, whether or | ||||||
22 | not reconstituted, regardless of animal or plant source or | ||||||
23 | butterfat content; or dehydrated natural milk, whether or | ||||||
24 | not reconstituted and regardless of animal or plant source | ||||||
25 | or butterfat content; | ||||||
26 | (4) coffee or tea without added caloric sweetener; |
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1 | (5) infant formula; | ||||||
2 | (6) medically necessary foods; and | ||||||
3 | (7) water to which neither carbonation nor any other | ||||||
4 | substance has been added, except for minerals and | ||||||
5 | non-caloric flavoring agents. | ||||||
6 | "Syrup" means a liquid mixture of ingredients used in | ||||||
7 | making, mixing, or compounding sugar-sweetened beverages using | ||||||
8 | one or more other ingredients including, without limitation, | ||||||
9 | water, ice, a powder, simple syrup, fruits, vegetables, fruit | ||||||
10 | juice, vegetable juice, carbonation, or other gas.
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11 | Section 20. Permit required. | ||||||
12 | (a) Every distributor doing business in the State shall | ||||||
13 | file with the Department an application for a permit to engage | ||||||
14 | in the business of receiving, storing, manufacturing, | ||||||
15 | bottling, or distributing bottled sugar-sweetened beverages, | ||||||
16 | syrup, or powder, for each place of business owned and operated | ||||||
17 | by the distributor before the later of (i) the effective date | ||||||
18 | of this Act or (ii) the distributor's first acts which | ||||||
19 | constitute the doing of business in the State. An application | ||||||
20 | for a permit shall be filed on forms to be furnished by the | ||||||
21 | Department for that purpose. An application must be subscribed | ||||||
22 | and sworn to by a person with legal authority to bind the | ||||||
23 | business. The application shall identify the owners of the | ||||||
24 | applicant, the applicant's mailing address, the place of | ||||||
25 | business to which the permit shall apply, and the nature of the |
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1 | business in which engaged, and any other information the | ||||||
2 | Department may require for the enforcement of this Act. | ||||||
3 | (b) Upon receipt of an application and any permit fee | ||||||
4 | hereafter provided for, the Department may issue to the | ||||||
5 | applicant, for the place of business designated, a | ||||||
6 | non-assignable permit, authorizing the sale of sugar-sweetened | ||||||
7 | beverages, syrups, and powder in the State. No distributor | ||||||
8 | shall sell any sugar-sweetened beverage, syrup, or powder | ||||||
9 | without first obtaining a permit to do so under this Act. | ||||||
10 | Permits issued pursuant to this Section shall expire on January | ||||||
11 | 31 of each year and may be renewed annually. | ||||||
12 | (c) A permit may not be transferred from one person to | ||||||
13 | another, and a permit shall at all times be prominently | ||||||
14 | displayed in a distributor's place of business. The Department | ||||||
15 | may refuse to issue a permit to any person previously convicted | ||||||
16 | of violations of this Act under such procedures as the | ||||||
17 | Department may establish by rule.
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18 | Section 25. Tax imposed. | ||||||
19 | (a) There is hereby imposed an excise tax on every | ||||||
20 | distributor for the privilege of selling the products governed | ||||||
21 | by this Act in the State, calculated as follows. | ||||||
22 | (1) $1.28 per gallon/$0.01 per ounce of bottled | ||||||
23 | sugar-sweetened beverages sold or offered for sale to a | ||||||
24 | retailer for sale in the State to a consumer. | ||||||
25 | (2) The tax on syrup and powder sold or offered for |
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1 | sale to a retailer for sale in the State to a consumer, | ||||||
2 | either as syrup or powder or as a sugar-sweetened beverage | ||||||
3 | derived from that syrup or powder, is equal to $1.28 per | ||||||
4 | gallon/$0.01 per ounce for each gallon or ounce of | ||||||
5 | sugar-sweetened beverage produced from that syrup or | ||||||
6 | powder. For purposes of calculating the tax, the volume of | ||||||
7 | sugar-sweetened beverage produced from syrup or powder | ||||||
8 | shall be the larger of (i) the largest volume resulting | ||||||
9 | from use of the syrup or powder according to any | ||||||
10 | manufacturer's instructions or (ii) the volume actually | ||||||
11 | produced by the retailer, as reasonably determined by the | ||||||
12 | Department. | ||||||
13 | (3) The tax amounts set forth in this Section shall be | ||||||
14 | adjusted annually by the Department in proportion with the | ||||||
15 | Consumer Price Index for All Urban Consumers for All Items | ||||||
16 | for the Midwest Statistical Area, as reported by the United | ||||||
17 | States Bureau of Labor Statistics or any successor to that | ||||||
18 | index. | ||||||
19 | (b) A retailer that sells bottled sugar-sweetened | ||||||
20 | beverages, syrup, or powder in the State to a consumer, on | ||||||
21 | which the tax imposed by this Section has not been paid by a | ||||||
22 | distributor, is liable for the tax imposed in subsection (a) at | ||||||
23 | the time of sale to a consumer. | ||||||
24 | (c) The tax imposed by this Act is in addition to all other | ||||||
25 | occupation or privilege taxes imposed by the State of Illinois, | ||||||
26 | by any political subdivision thereof, or by any municipal |
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1 | corporation.
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2 | Section 30. Report of sales and tax remittances. | ||||||
3 | (a) Any distributor or retailer liable for the tax imposed | ||||||
4 | by this Act shall, on or before the last day of March, June, | ||||||
5 | October, and December of each year, return to the Department | ||||||
6 | under oath of a person with legal authority to bind the | ||||||
7 | distributor or retailer, a statement containing its name and | ||||||
8 | place of business, the quantity of sugar-sweetened beverages, | ||||||
9 | syrup, and powder subject to the excise tax imposed by this Act | ||||||
10 | sold or offered for sale in the preceding calendar quarter, and | ||||||
11 | any other information required by the Department, along with | ||||||
12 | the tax due. | ||||||
13 | (b) The State Treasurer shall credit the proceeds of the | ||||||
14 | tax to the Illinois Health Promotion Fund.
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15 | Section 35. Records of distributors. Every distributor and | ||||||
16 | every retailer subject to this Act shall maintain for not less | ||||||
17 | than 2 years accurate records, showing all transactions that | ||||||
18 | gave rise, or may have given rise, to tax liability under this | ||||||
19 | Act. Such records are subject to inspection by the Department | ||||||
20 | at all reasonable times during normal business hours.
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21 | Section 40. Establishment of Illinois Health Promotion | ||||||
22 | Fund. There is hereby created a trust fund in the State | ||||||
23 | treasury called the Illinois Health Promotion Fund. Fifty |
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1 | percent of moneys collected pursuant to the taxes imposed by | ||||||
2 | this Act, and all interest on those moneys, shall be paid into | ||||||
3 | the Illinois Health Promotion Fund. All costs to implement this | ||||||
4 | Act shall be paid from the Illinois Health Promotion Fund.
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5 | Section 45. Expenditure of Illinois Health Promotion Fund. | ||||||
6 | (a) All moneys in the Illinois Health Promotion Fund, after | ||||||
7 | tax administration costs have been deducted, shall be | ||||||
8 | appropriated and allocated as follows: | ||||||
9 | (1) Twenty percent to the Illinois Department of Public | ||||||
10 | Health to coordinate grants to State-certified public | ||||||
11 | health departments to improve public health | ||||||
12 | infrastructure. Funded projects will improve workforce and | ||||||
13 | systems development, chronic disease surveillance and | ||||||
14 | monitoring systems, chronic disease program evaluation, | ||||||
15 | and regional coordination that includes networking, | ||||||
16 | coordination, standardization, and cross-jurisdictional | ||||||
17 | cooperation for the efficient delivery of public health | ||||||
18 | services (e.g., resource sharing) to ensure that public | ||||||
19 | health goals are effectively and efficiently met. | ||||||
20 | (2) Thirty percent for community-based childhood | ||||||
21 | obesity prevention programs. This funding shall support | ||||||
22 | programs that use educational, environmental, policy, and | ||||||
23 | other public health approaches that achieve the following | ||||||
24 | goals: eliminate racial, ethnic, and socioeconomic | ||||||
25 | disparities in childhood obesity rates; improve access to |
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1 | and consumption of healthy, safe, and affordable foods; | ||||||
2 | reduce access to and consumption of calorie-dense, | ||||||
3 | nutrient-poor foods; encourage physical activity; decrease | ||||||
4 | sedentary behavior; and raise awareness about the | ||||||
5 | importance of nutrition and physical activity to childhood | ||||||
6 | obesity prevention. The Illinois Director of Public Health | ||||||
7 | shall be responsible for the distribution of these funds to | ||||||
8 | community-based organizations and to State-certified | ||||||
9 | public health departments, with priority given to | ||||||
10 | counties, municipalities, and other geographic | ||||||
11 | jurisdictions that have childhood obesity prevention | ||||||
12 | coalitions to build broad-based support for childhood | ||||||
13 | obesity prevention. | ||||||
14 | (3) Thirty percent to elementary and secondary schools | ||||||
15 | for educational, environmental, policy, and other public | ||||||
16 | health approaches that promote nutrition and physical | ||||||
17 | activity. The approaches funded pursuant to this | ||||||
18 | subsection can include improving or building school | ||||||
19 | recreational facilities that are used for recess and | ||||||
20 | physical education; providing continuing education | ||||||
21 | training for physical education teachers; hiring qualified | ||||||
22 | physical education teachers; implementing policies that | ||||||
23 | encourage walking and biking to and from school (i.e. | ||||||
24 | school siting, school travel plans); improving the quality | ||||||
25 | and nutrition of school breakfasts, lunches, and snacks; | ||||||
26 | ensuring free, clean drinking water access throughout the |
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1 | school day; and incorporating practical nutrition | ||||||
2 | education into the curriculum. The State Board of Education | ||||||
3 | is responsible for the allocation and distribution of these | ||||||
4 | funds. | ||||||
5 | (4) Ten percent for chronic disease prevention and | ||||||
6 | treatment programs. Funding shall be focused on | ||||||
7 | prevention, treatment, and community-based services to | ||||||
8 | expand clinical disease prevention and management care. | ||||||
9 | Funding shall support medicaid reimbursement for pediatric | ||||||
10 | specialty care services to improve access for children to | ||||||
11 | medical services. The Director of Public Health shall be | ||||||
12 | responsible for identifying activities and allocating | ||||||
13 | these funds. | ||||||
14 | (5) Ten percent to fund oral health treatments and | ||||||
15 | services to underserved populations. The funds shall be | ||||||
16 | used for the development of new clinics in high need areas | ||||||
17 | throughout Illinois, medicaid reimbursements for direct | ||||||
18 | services with a focus on preventative dental services such | ||||||
19 | as semi-annual office visits and teeth cleaning, and | ||||||
20 | salaries for dentists. The Director of Public Health shall | ||||||
21 | be responsible for coordinate grants to distribute funds. | ||||||
22 | (b) All moneys in the Children's Health Promotion Fund | ||||||
23 | shall be expended only for the purposes expressed in this Act, | ||||||
24 | and shall be used only to supplement existing levels of service | ||||||
25 | and not to supplant current federal, state, or local funding | ||||||
26 | for existing levels of service. |
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1 | (c) The Illinois Director of Public Health and the Illinois | ||||||
2 | State Board of Education are hereby empowered to make such | ||||||
3 | rules and regulations, and provide such procedural measures, as | ||||||
4 | shall bring into effect the purposes of this Section. The rules | ||||||
5 | and regulations may provide for specific programs to be funded | ||||||
6 | consistent with the allocation of funds set forth above.
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7 | Section 50. Exemptions. The following are exempt from the | ||||||
8 | tax imposed by this Act: | ||||||
9 | (1) Bottled sugar-sweetened beverages, syrups, and | ||||||
10 | powder sold to the United States Government and American | ||||||
11 | Indian Tribal Governments. | ||||||
12 | (2) Bottled sugar-sweetened beverages, syrups, and | ||||||
13 | powder sold by a distributor or a retailer expressly for | ||||||
14 | resale or consumption outside the State. | ||||||
15 | (3) Bottled sugar-sweetened beverages, syrups, and | ||||||
16 | powder sold by a distributor to another distributor that | ||||||
17 | holds a permit issued pursuant to Section 20 of this Act, | ||||||
18 | if the sales invoice clearly indicates that the sale is | ||||||
19 | exempt. If the sale is to a person who is both a | ||||||
20 | distributor and a retailer, the sale shall also be tax | ||||||
21 | exempt and the tax shall be paid when the purchasing | ||||||
22 | distributor-retailer resells the product to a retailer or a | ||||||
23 | consumer. This exemption does not apply to any other sale | ||||||
24 | to a retailer.
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1 | Section 55. Penalties. | ||||||
2 | (a) Any person subject to the provisions of this Act who | ||||||
3 | fails to pay the entire amount of tax imposed by this Act by | ||||||
4 | the date that payment is due, fails to submit a report or | ||||||
5 | maintain records required by this Act, does business in the | ||||||
6 | State without first obtaining a permit as required by this Act, | ||||||
7 | or violates any other provision of this Act or rules and | ||||||
8 | regulations promulgated by the Department for the enforcement | ||||||
9 | of this Act, shall be guilty of a misdemeanor and shall also be | ||||||
10 | liable for the penalties set forth and incorporated by | ||||||
11 | reference into this Section. | ||||||
12 | (b) Incorporation by reference. All of the provisions of | ||||||
13 | Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 6, 6a, | ||||||
14 | 6b, 6c, 8, 9, 10, 11, 11a, and 12 of the Retailers' Occupation | ||||||
15 | Tax Act, and all applicable provisions of the Uniform Penalty | ||||||
16 | and Interest Act that are not inconsistent with this Act, apply | ||||||
17 | to distributors of sugar-sweetened beverages to the same extent | ||||||
18 | as if those provisions were included in this Act. References in | ||||||
19 | the incorporated Sections of the Retailers' Occupation Tax Act | ||||||
20 | to retailers, to sellers, or to persons engaged in the business | ||||||
21 | of selling tangible personal property mean distributors, | ||||||
22 | retailers, or both when used in this Act. References in the | ||||||
23 | incorporated Sections to sales of tangible personal property | ||||||
24 | mean sales of sugar-sweetened beverages, syrups, or powder when | ||||||
25 | used in this Act.
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1 | Section 60. Unpaid taxes a debt. All taxes and penalties | ||||||
2 | imposed under the provisions of this Act remaining due and | ||||||
3 | unpaid shall constitute a debt to the State, which may be | ||||||
4 | collected from the person owing the same by suit or otherwise.
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5 | Section 65. Records of Department. At the end of each | ||||||
6 | month, the State Auditor General shall check the books and | ||||||
7 | records of the Department and its accounts with any bank or | ||||||
8 | banks, and shall verify the amounts collected pursuant to this | ||||||
9 | Act and paid into the Children's Health Promotion Fund. Any | ||||||
10 | duty herein required of the State Auditor General may be | ||||||
11 | performed by any duly trained clerk in his office, designated | ||||||
12 | by the State Auditor General for that purpose.
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13 | Section 70. Exercise of powers and duties. Whenever in this | ||||||
14 | Act any reference is made to any power or duty of the | ||||||
15 | Department, the reference is construed to mean that the power | ||||||
16 | or duty shall be exercised by the Department, under the | ||||||
17 | supervision and direction of the Director of Revenue.
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18 | Section 75. Rules and regulations. The Department is hereby | ||||||
19 | empowered to adopt rules, and provide such procedural measures, | ||||||
20 | in cooperation with the State Auditor General, as may be | ||||||
21 | reasonably necessary to accomplish the purposes of this Act.
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22 | Section 80. Severability. If any provision of this Act, any |
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1 | rule or regulation made under this Act, or the application of | ||||||
2 | this Act to any person or circumstance is held invalid by any | ||||||
3 | court of competent jurisdiction, the remainder of the Act, | ||||||
4 | rule, or regulation, and the application of the provision to | ||||||
5 | other persons or circumstances shall not be affected. The | ||||||
6 | invalidity of any Section or Sections or parts of any Section | ||||||
7 | of this Act shall not affect the validity of the remainder of | ||||||
8 | the Act.
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9 | Section 100. The State Finance Act is amended by adding | ||||||
10 | Section 5.786 as follows:
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11 | (30 ILCS 105/5.786 new) | ||||||
12 | Sec. 5.786. The Illinois Health Promotion Fund.
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13 | Section 999. Effective date. This Act takes effect January | ||||||
14 | 1, 2012.".
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