Bill Text: IL HB3187 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Code. Increases the amount of non-home rule municipal retailers' occupation taxes, non-home rule municipal service occupation taxes, and non-home rule municipal use taxes a non-home rule municipality may impose from 1% to 1.5%. Removes a restriction requiring the taxes to be imposed in 0.25% increments. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB3187 Detail]
Download: Illinois-2017-HB3187-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||||||
5 | changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5 | ||||||||||||||||||||||||||||||
6 | as follows:
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7 | (65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1) | ||||||||||||||||||||||||||||||
8 | Sec. 8-11-1.1. Non-home rule municipalities; imposition of | ||||||||||||||||||||||||||||||
9 | taxes. | ||||||||||||||||||||||||||||||
10 | (a) The corporate authorities of a non-home rule
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11 | municipality
may, upon approval of the electors of the | ||||||||||||||||||||||||||||||
12 | municipality pursuant to
subsection (b) of this Section, impose | ||||||||||||||||||||||||||||||
13 | by ordinance or resolution the tax authorized in Sections | ||||||||||||||||||||||||||||||
14 | 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. | ||||||||||||||||||||||||||||||
15 | (b) The corporate authorities of the municipality may by | ||||||||||||||||||||||||||||||
16 | ordinance or
resolution call for the submission to the electors | ||||||||||||||||||||||||||||||
17 | of the municipality
the question of whether the municipality | ||||||||||||||||||||||||||||||
18 | shall impose such tax. Such
question shall be certified by the | ||||||||||||||||||||||||||||||
19 | municipal clerk to the election
authority in accordance with | ||||||||||||||||||||||||||||||
20 | Section 28-5 of the Election Code and shall be
in a form in | ||||||||||||||||||||||||||||||
21 | accordance with Section 16-7 of the Election Code. | ||||||||||||||||||||||||||||||
22 | Notwithstanding any provision of law to the contrary, if | ||||||||||||||||||||||||||||||
23 | the proceeds of the tax may be used for municipal operations |
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1 | pursuant to Section 8-11-1.3, 8-11-1.4, or 8-11-1.5, then the | ||||||
2 | election authority must submit the question in substantially | ||||||
3 | the following form: | ||||||
4 | Shall the corporate authorities of the municipality be | ||||||
5 | authorized to levy a tax at a rate of (rate)% for | ||||||
6 | expenditures on municipal operations, expenditures on | ||||||
7 | public infrastructure, or property tax relief? | ||||||
8 | If a majority of the electors in the municipality voting | ||||||
9 | upon the
question vote in the affirmative, such tax shall be | ||||||
10 | imposed. | ||||||
11 | Until January 1, 1992, an ordinance or resolution imposing | ||||||
12 | the tax of not more than 1% hereunder or
discontinuing the same | ||||||
13 | shall be adopted and a certified copy thereof,
together with a | ||||||
14 | certification that the ordinance or resolution received
| ||||||
15 | referendum approval in the case of the imposition of such tax, | ||||||
16 | filed with
the Department of Revenue, on or before the first | ||||||
17 | day of June, whereupon
the Department shall proceed to | ||||||
18 | administer and enforce
the additional tax or to discontinue the | ||||||
19 | tax, as the case may be, as of the
first day of September next | ||||||
20 | following such adoption and filing. | ||||||
21 | Beginning January 1, 1992 and through December 31, 1992, an | ||||||
22 | ordinance or resolution imposing
or discontinuing the tax | ||||||
23 | hereunder shall be adopted and a certified copy
thereof filed | ||||||
24 | with the Department on or before the first day of July,
| ||||||
25 | whereupon the Department shall proceed to administer and | ||||||
26 | enforce this
Section as of the first day of October next |
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1 | following such adoption and filing. | ||||||
2 | Beginning January 1, 1993, and through September 30, 2002, | ||||||
3 | an ordinance or resolution imposing or
discontinuing the tax | ||||||
4 | hereunder shall be adopted and a certified copy
thereof filed | ||||||
5 | with the Department on or before the first day of October,
| ||||||
6 | whereupon the Department shall proceed to administer and | ||||||
7 | enforce this
Section as of the first day of January next | ||||||
8 | following such adoption and filing. | ||||||
9 | Beginning October 1, 2002, and through December 31, 2013, | ||||||
10 | an ordinance or resolution imposing or
discontinuing the tax
| ||||||
11 | under this Section or effecting a change in the rate of tax | ||||||
12 | must either (i) be
adopted
and a
certified copy of the | ||||||
13 | ordinance or resolution filed with the Department on or
before | ||||||
14 | the first day
of April,
whereupon the Department shall proceed | ||||||
15 | to administer and enforce this Section
as of the
first day of | ||||||
16 | July next following the adoption and filing; or (ii) be adopted
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17 | and a certified
copy of the ordinance or resolution filed with | ||||||
18 | the Department on or before the
first day
of October,
whereupon | ||||||
19 | the Department shall proceed to administer and enforce this | ||||||
20 | Section
as of the
first day of January next following the | ||||||
21 | adoption and filing. | ||||||
22 | Beginning January 1, 2014, if an ordinance or resolution | ||||||
23 | imposing the tax under this Section, discontinuing the tax | ||||||
24 | under this Section, or effecting a change in the rate of tax | ||||||
25 | under this Section is adopted, a certified copy thereof, | ||||||
26 | together with a certification that the ordinance or resolution |
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1 | received referendum approval in the case of the imposition of | ||||||
2 | or increase in the rate of such tax, shall be filed with the | ||||||
3 | Department of Revenue, either (i) on or before the first day of | ||||||
4 | May, whereupon the Department shall proceed to administer and | ||||||
5 | enforce this Section as of the first day of July next following | ||||||
6 | the adoption and filing; or (ii) on or before the first day of | ||||||
7 | October, whereupon the Department shall proceed to administer | ||||||
8 | and enforce this Section as of the first day of January next | ||||||
9 | following the adoption and filing. | ||||||
10 | Notwithstanding any provision in this Section to the | ||||||
11 | contrary, if, in a non-home rule municipality with more than | ||||||
12 | 150,000 but fewer than 200,000 inhabitants, as determined by | ||||||
13 | the last preceding federal decennial census, an ordinance or | ||||||
14 | resolution under this Section imposes or discontinues a tax or | ||||||
15 | changes the tax rate as of July 1, 2007, then that ordinance or | ||||||
16 | resolution, together with a certification that the
ordinance or | ||||||
17 | resolution received referendum approval in the case of the
| ||||||
18 | imposition of the tax, must be adopted and a certified copy of | ||||||
19 | that ordinance or resolution must be filed with the Department | ||||||
20 | on or before May 15, 2007, whereupon the Department shall | ||||||
21 | proceed to administer and enforce this Section as of July 1, | ||||||
22 | 2007.
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23 | Notwithstanding any provision in this Section to the | ||||||
24 | contrary, if, in a non-home rule municipality with more than | ||||||
25 | 6,500 but fewer than 7,000 inhabitants, as determined by the | ||||||
26 | last preceding federal decennial census, an ordinance or |
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1 | resolution under this Section imposes or discontinues a tax or | ||||||
2 | changes the tax rate on or before May 20, 2009, then that | ||||||
3 | ordinance or resolution, together with a certification that the
| ||||||
4 | ordinance or resolution received referendum approval in the | ||||||
5 | case of the
imposition of the tax, must be adopted and a | ||||||
6 | certified copy of that ordinance or resolution must be filed | ||||||
7 | with the Department on or before May 20, 2009, whereupon the | ||||||
8 | Department shall proceed to administer and enforce this Section | ||||||
9 | as of July 1, 2009. | ||||||
10 | A non-home rule municipality may file
a
certified copy of | ||||||
11 | an ordinance or resolution, with a certification that the
| ||||||
12 | ordinance or resolution received referendum approval in the | ||||||
13 | case of the
imposition of the tax, with the
Department of | ||||||
14 | Revenue, as required under this Section, only after October 2,
| ||||||
15 | 2000. | ||||||
16 | The tax authorized by this Section may not be more than | ||||||
17 | 1.5% 1% and
may be imposed only in 1/4% increments . | ||||||
18 | (Source: P.A. 98-584, eff. 8-27-13.)
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19 | (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
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20 | Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' | ||||||
21 | Occupation Tax Act. The corporate authorities of a non-home | ||||||
22 | rule municipality may impose
a tax upon all persons engaged in | ||||||
23 | the business of selling tangible
personal property, other than | ||||||
24 | on an item of tangible personal property
which is titled and | ||||||
25 | registered by an agency of this State's Government,
at retail |
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1 | in the municipality for expenditure on
public infrastructure or | ||||||
2 | for property tax relief or both as defined in
Section 8-11-1.2 | ||||||
3 | if approved by
referendum as provided in Section 8-11-1.1, of | ||||||
4 | the gross receipts from such
sales made in the course of such | ||||||
5 | business.
If the tax is approved by referendum on or after July | ||||||
6 | 14, 2010 (the effective date of Public Act 96-1057), the | ||||||
7 | corporate authorities of a non-home rule municipality may, | ||||||
8 | until December 31, 2020, use the proceeds of the tax for | ||||||
9 | expenditure on municipal operations, in addition to or in lieu | ||||||
10 | of any expenditure on public infrastructure or for property tax | ||||||
11 | relief. The tax imposed may not be more than 1.5% 1% and may be | ||||||
12 | imposed only in
1/4% increments . The tax may not be imposed on | ||||||
13 | the sale of food for human
consumption that is
to be consumed | ||||||
14 | off the premises where it is sold (other than alcoholic
| ||||||
15 | beverages, soft drinks, and food that has been prepared for | ||||||
16 | immediate
consumption) and prescription and nonprescription | ||||||
17 | medicines, drugs, medical
appliances, and insulin, urine | ||||||
18 | testing materials, syringes, and needles used by
diabetics.
The | ||||||
19 | tax imposed by a
municipality pursuant to this Section and all | ||||||
20 | civil penalties that may be
assessed as an incident thereof | ||||||
21 | shall be collected and enforced by the
State Department of | ||||||
22 | Revenue. The certificate of registration which is
issued by the | ||||||
23 | Department to a retailer under the Retailers' Occupation Tax
| ||||||
24 | Act shall permit such retailer to engage in a business which is | ||||||
25 | taxable
under any ordinance or resolution enacted pursuant to
| ||||||
26 | this Section without registering separately with the |
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1 | Department under
such ordinance or resolution or under this | ||||||
2 | Section. The Department
shall have full power to administer and | ||||||
3 | enforce this Section; to collect
all taxes and penalties due | ||||||
4 | hereunder; to dispose of taxes and penalties
so collected in | ||||||
5 | the manner hereinafter provided, and to determine all
rights to | ||||||
6 | credit memoranda, arising on account of the erroneous payment
| ||||||
7 | of tax or penalty hereunder. In the administration of, and | ||||||
8 | compliance
with, this Section, the Department and persons who | ||||||
9 | are subject to this
Section shall have the same rights, | ||||||
10 | remedies, privileges, immunities,
powers and duties, and be | ||||||
11 | subject to the same conditions, restrictions,
limitations, | ||||||
12 | penalties and definitions of terms, and employ the same
modes | ||||||
13 | of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, | ||||||
14 | 1e,
1f, 1i, 1j, 2 through 2-65 (in respect to all provisions | ||||||
15 | therein other than
the State rate of tax), 2c, 3 (except as to | ||||||
16 | the disposition of taxes and
penalties collected), 4, 5, 5a, | ||||||
17 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
6, 6a, 6b, 6c, 6d, | ||||||
18 | 7, 8, 9, 10, 11, 12 and 13 of the Retailers'
Occupation Tax Act | ||||||
19 | and Section 3-7 of the Uniform Penalty and Interest
Act as | ||||||
20 | fully as if those provisions were set forth herein.
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21 | No municipality may impose a tax under this Section unless | ||||||
22 | the municipality
also imposes a tax at the same rate under | ||||||
23 | Section 8-11-1.4 of this Code.
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24 | Persons subject to any tax imposed pursuant to the | ||||||
25 | authority granted
in this Section may reimburse themselves for | ||||||
26 | their seller's tax
liability hereunder by separately stating |
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1 | such tax as an additional
charge, which charge may be stated in | ||||||
2 | combination, in a single amount,
with State tax which sellers | ||||||
3 | are required to collect under the Use Tax
Act, pursuant to such | ||||||
4 | bracket schedules as the Department may prescribe.
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5 | Whenever the Department determines that a refund should be | ||||||
6 | made under
this Section to a claimant instead of issuing a | ||||||
7 | credit memorandum, the
Department shall notify the State | ||||||
8 | Comptroller, who shall cause the
order to be drawn for the | ||||||
9 | amount specified, and to the person named,
in such notification | ||||||
10 | from the Department. Such refund shall be paid by
the State | ||||||
11 | Treasurer out of the non-home rule municipal retailers'
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12 | occupation tax fund.
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13 | The Department shall forthwith pay over to the State | ||||||
14 | Treasurer, ex
officio, as trustee, all taxes and penalties | ||||||
15 | collected hereunder. | ||||||
16 | As soon as possible after the first day of each month, | ||||||
17 | beginning January 1, 2011, upon certification of the Department | ||||||
18 | of Revenue, the Comptroller shall order transferred, and the | ||||||
19 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
20 | local sales tax increment, as defined in the Innovation | ||||||
21 | Development and Economy Act, collected under this Section | ||||||
22 | during the second preceding calendar month for sales within a | ||||||
23 | STAR bond district. | ||||||
24 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
25 | on or
before the 25th day of each calendar month, the | ||||||
26 | Department shall
prepare and certify to the Comptroller the |
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1 | disbursement of stated sums
of money to named municipalities, | ||||||
2 | the municipalities to be those from
which retailers have paid | ||||||
3 | taxes or penalties hereunder to the Department
during the | ||||||
4 | second preceding calendar month. The amount to be paid to each
| ||||||
5 | municipality shall be the amount (not including credit | ||||||
6 | memoranda) collected
hereunder during the second preceding | ||||||
7 | calendar month by the Department plus
an amount the Department | ||||||
8 | determines is necessary to offset any amounts
which were | ||||||
9 | erroneously paid to a different taxing body, and not including
| ||||||
10 | an amount equal to the amount of refunds made during the second | ||||||
11 | preceding
calendar month by the Department on behalf of such | ||||||
12 | municipality, and not
including any amount which the Department | ||||||
13 | determines is necessary to offset
any amounts which were | ||||||
14 | payable to a different taxing body but were
erroneously paid to | ||||||
15 | the municipality, and not including any amounts that are | ||||||
16 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
17 | after receipt, by the
Comptroller, of the disbursement | ||||||
18 | certification to the municipalities,
provided for in this | ||||||
19 | Section to be given to the Comptroller by the
Department, the | ||||||
20 | Comptroller shall cause the orders to be drawn for the
| ||||||
21 | respective amounts in accordance with the directions contained | ||||||
22 | in such
certification.
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23 | For the purpose of determining the local governmental unit | ||||||
24 | whose tax
is applicable, a retail sale, by a producer of coal | ||||||
25 | or other mineral
mined in Illinois, is a sale at retail at the | ||||||
26 | place where the coal or
other mineral mined in Illinois is |
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1 | extracted from the earth. This
paragraph does not apply to coal | ||||||
2 | or other mineral when it is delivered
or shipped by the seller | ||||||
3 | to the purchaser at a point outside Illinois so
that the sale | ||||||
4 | is exempt under the Federal Constitution as a sale in
| ||||||
5 | interstate or foreign commerce.
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6 | Nothing in this Section shall be construed to authorize a
| ||||||
7 | municipality to impose a tax upon the privilege of engaging in | ||||||
8 | any
business which under the constitution of the United States | ||||||
9 | may not be
made the subject of taxation by this State.
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10 | When certifying the amount of a monthly disbursement to a | ||||||
11 | municipality
under this Section, the Department shall increase | ||||||
12 | or decrease such amount
by an amount necessary to offset any | ||||||
13 | misallocation of previous
disbursements. The offset amount | ||||||
14 | shall be the amount erroneously disbursed
within the previous 6 | ||||||
15 | months from the time a misallocation is discovered.
| ||||||
16 | The Department of Revenue shall implement this amendatory | ||||||
17 | Act of the 91st
General Assembly so as to collect the tax on | ||||||
18 | and after January 1, 2002.
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19 | As used in this Section, "municipal" and "municipality" | ||||||
20 | means a city,
village or incorporated town, including an | ||||||
21 | incorporated town which has
superseded a civil township.
| ||||||
22 | This Section shall be known and may be cited as the | ||||||
23 | "Non-Home Rule
Municipal Retailers' Occupation Tax Act".
| ||||||
24 | (Source: P.A. 99-217, eff. 7-31-15.)
| ||||||
25 | (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
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1 | Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation | ||||||
2 | Tax Act. The
corporate authorities of a non-home rule | ||||||
3 | municipality may impose a
tax upon all persons engaged, in such | ||||||
4 | municipality, in the business of
making sales of service for | ||||||
5 | expenditure on
public infrastructure or for property tax relief | ||||||
6 | or both as defined in
Section 8-11-1.2 if approved by
| ||||||
7 | referendum as provided in Section 8-11-1.1, of the selling | ||||||
8 | price of
all tangible personal property transferred by such | ||||||
9 | servicemen either in
the form of tangible personal property or | ||||||
10 | in the form of real estate as
an incident to a sale of service.
| ||||||
11 | If the tax is approved by referendum on or after July 14, 2010 | ||||||
12 | (the effective date of Public Act 96-1057), the corporate | ||||||
13 | authorities of a non-home rule municipality may, until December | ||||||
14 | 31, 2020, use the proceeds of the tax for expenditure on | ||||||
15 | municipal operations, in addition to or in lieu of any | ||||||
16 | expenditure on public infrastructure or for property tax | ||||||
17 | relief. The tax imposed may not be more than 1.5% 1% and may be | ||||||
18 | imposed only in
1/4% increments . The tax may not be imposed on | ||||||
19 | the sale of food for human
consumption that is
to be consumed | ||||||
20 | off the premises where it is sold (other than alcoholic
| ||||||
21 | beverages, soft drinks, and food that has been prepared for | ||||||
22 | immediate
consumption) and prescription and nonprescription | ||||||
23 | medicines, drugs, medical
appliances, and insulin, urine | ||||||
24 | testing materials, syringes, and needles used by
diabetics.
The | ||||||
25 | tax imposed by a municipality
pursuant to this Section and all | ||||||
26 | civil penalties that may be assessed as
an incident thereof |
| |||||||
| |||||||
1 | shall be collected and enforced by the State
Department of | ||||||
2 | Revenue. The certificate of registration which is issued
by the | ||||||
3 | Department to a retailer under the Retailers' Occupation Tax
| ||||||
4 | Act or under the Service Occupation Tax Act shall permit
such | ||||||
5 | registrant to engage in a business which is taxable under any
| ||||||
6 | ordinance or resolution enacted pursuant to this Section | ||||||
7 | without
registering separately with the Department under such | ||||||
8 | ordinance or
resolution or under this Section. The Department | ||||||
9 | shall have full power
to administer and enforce this Section; | ||||||
10 | to collect all taxes and
penalties due hereunder; to dispose of | ||||||
11 | taxes and penalties so collected
in the manner hereinafter | ||||||
12 | provided, and to determine all rights to
credit memoranda | ||||||
13 | arising on account of the erroneous payment of tax or
penalty | ||||||
14 | hereunder. In the administration of, and compliance with, this
| ||||||
15 | Section the Department and persons who are subject to this | ||||||
16 | Section
shall have the same rights, remedies, privileges, | ||||||
17 | immunities, powers and
duties, and be subject to the same | ||||||
18 | conditions, restrictions, limitations,
penalties and | ||||||
19 | definitions of terms, and employ the same modes of procedure,
| ||||||
20 | as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in | ||||||
21 | respect to
all provisions therein other than the State rate of | ||||||
22 | tax), 4 (except that
the reference to the State shall be to the | ||||||
23 | taxing municipality), 5, 7, 8
(except that the jurisdiction to | ||||||
24 | which the tax shall be a debt to the
extent indicated in that | ||||||
25 | Section 8 shall be the taxing municipality), 9
(except as to | ||||||
26 | the disposition of taxes and penalties collected, and except
|
| |||||||
| |||||||
1 | that the returned merchandise credit for this municipal tax may | ||||||
2 | not be
taken against any State tax), 10, 11, 12 (except the | ||||||
3 | reference therein to
Section 2b of the Retailers' Occupation | ||||||
4 | Tax Act), 13 (except that any
reference to the State shall mean | ||||||
5 | the taxing municipality), the first
paragraph of Section 15, | ||||||
6 | 16, 17, 18, 19 and 20 of the Service Occupation
Tax Act and | ||||||
7 | Section 3-7 of the Uniform Penalty and Interest Act, as fully
| ||||||
8 | as if those provisions were set forth herein.
| ||||||
9 | No municipality may impose a tax under this Section unless | ||||||
10 | the municipality
also imposes a tax at the same rate under | ||||||
11 | Section 8-11-1.3 of this Code.
| ||||||
12 | Persons subject to any tax imposed pursuant to the | ||||||
13 | authority granted
in this Section may reimburse themselves for | ||||||
14 | their serviceman's tax
liability hereunder by separately | ||||||
15 | stating such tax as an additional
charge, which charge may be | ||||||
16 | stated in combination, in a single amount,
with State tax which | ||||||
17 | servicemen are authorized to collect under the
Service Use Tax | ||||||
18 | Act, pursuant to such bracket schedules as the
Department may | ||||||
19 | prescribe.
| ||||||
20 | Whenever the Department determines that a refund should be | ||||||
21 | made under
this Section to a claimant instead of issuing credit | ||||||
22 | memorandum, the
Department shall notify the State Comptroller, | ||||||
23 | who shall cause the
order to be drawn for the amount specified, | ||||||
24 | and to the person named,
in such notification from the | ||||||
25 | Department. Such refund shall be paid by
the State Treasurer | ||||||
26 | out of the municipal retailers' occupation tax fund.
|
| |||||||
| |||||||
1 | The Department shall forthwith pay over to the State | ||||||
2 | Treasurer,
ex officio, as trustee, all taxes and penalties | ||||||
3 | collected hereunder. | ||||||
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 Section | ||||||
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 | disbursement of stated sums
of money to named municipalities, | ||||||
16 | the municipalities to be those from
which suppliers and | ||||||
17 | servicemen have paid taxes or penalties hereunder to
the | ||||||
18 | Department during the second preceding calendar month. The | ||||||
19 | amount
to be paid to each municipality shall be the amount (not | ||||||
20 | including credit
memoranda) collected hereunder during the | ||||||
21 | second preceding calendar
month by the Department, and not | ||||||
22 | including an amount equal to the amount
of refunds made during | ||||||
23 | the second preceding calendar month by the
Department on behalf | ||||||
24 | of such municipality, and not including any amounts that are | ||||||
25 | transferred to the STAR Bonds Revenue Fund. Within 10 days
| ||||||
26 | after receipt, by the Comptroller, of the disbursement |
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| |||||||
1 | certification to
the municipalities and the General Revenue | ||||||
2 | Fund, provided for in this
Section to be given to the | ||||||
3 | Comptroller by the Department, the
Comptroller shall cause the | ||||||
4 | orders to be drawn for the respective
amounts in accordance | ||||||
5 | with the directions contained in such
certification.
| ||||||
6 | The Department of Revenue shall implement this amendatory | ||||||
7 | Act of the 91st
General Assembly so as to collect the tax on | ||||||
8 | and after January 1, 2002.
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9 | Nothing in this Section shall be construed to authorize a
| ||||||
10 | municipality to impose a tax upon the privilege of engaging in | ||||||
11 | any
business which under the constitution of the United States | ||||||
12 | may not be
made the subject of taxation by this State.
| ||||||
13 | As used in this Section, "municipal" or "municipality" | ||||||
14 | means or refers to
a city, village or incorporated town, | ||||||
15 | including an incorporated town which
has superseded a civil | ||||||
16 | township.
| ||||||
17 | This Section shall be known and may be cited as the | ||||||
18 | "Non-Home Rule Municipal
Service Occupation Tax Act".
| ||||||
19 | (Source: P.A. 96-939, eff. 6-24-10; 96-1057, eff. 7-14-10; | ||||||
20 | 97-333, eff. 8-12-11; 97-837, eff. 7-20-12.)
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21 | (65 ILCS 5/8-11-1.5) (from Ch. 24, par. 8-11-1.5)
| ||||||
22 | Sec. 8-11-1.5. Non-Home Rule Municipal Use Tax Act. The | ||||||
23 | corporate
authorities of a non-home rule municipality may | ||||||
24 | impose a
tax upon the privilege of using, in such municipality, | ||||||
25 | any item of tangible
personal property which is purchased at |
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| |||||||
1 | retail from a retailer, and which is
titled or registered with | ||||||
2 | an agency of this State's government, based on the selling | ||||||
3 | price of such tangible personal
property, as "selling price" is | ||||||
4 | defined in the Use Tax Act, for expenditure
on public | ||||||
5 | infrastructure or for property tax relief or both as defined in
| ||||||
6 | Section 8-11-1.2, if approved by
referendum as provided in | ||||||
7 | Section 8-11-1.1. If the tax is approved by referendum on or | ||||||
8 | after the effective date of this amendatory Act of the 96th | ||||||
9 | General Assembly, the corporate authorities of a non-home rule | ||||||
10 | municipality may, until December 31, 2020, use the proceeds of | ||||||
11 | the tax for expenditure on municipal operations, in addition to | ||||||
12 | or in lieu of any expenditure on public infrastructure or for | ||||||
13 | property tax relief. The tax imposed may not be more
than 1.5% | ||||||
14 | 1% and may be imposed only in 1/4% increments . Such tax shall
| ||||||
15 | be
collected from persons whose Illinois address for title or | ||||||
16 | registration
purposes is given as being in such municipality. | ||||||
17 | Such tax shall be
collected by the municipality imposing such | ||||||
18 | tax.
A non-home rule municipality may not
impose and collect | ||||||
19 | the tax prior to January 1, 2002.
| ||||||
20 | This Section shall be known and may be cited as the | ||||||
21 | "Non-Home Rule
Municipal Use Tax Act".
| ||||||
22 | (Source: P.A. 96-1057, eff. 7-14-10; 97-837, eff. 7-20-12.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|