Bill Text: IL HB5570 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the exemption for the use or sale of tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and used or consumed solely outside this State sunsets on June 20, 2021 (currently, June 30, 2016). Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5570 Detail]

Download: Illinois-2017-HB5570-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5570

Introduced , by Rep. Christine Winger

SYNOPSIS AS INTRODUCED:
35 ILCS 105/3-55 from Ch. 120, par. 439.3-55
35 ILCS 110/3-45 from Ch. 120, par. 439.33-45
35 ILCS 115/3-5
35 ILCS 120/2-5

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the exemption for the use or sale of tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and used or consumed solely outside this State sunsets on June 20, 2021 (currently, June 30, 2016). Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Use Tax Act is amended by changing Section
53-55 as follows:
6 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
7 Sec. 3-55. Multistate exemption. To prevent actual or
8likely multistate taxation, the tax imposed by this Act does
9not apply to the use of tangible personal property in this
10State under the following circumstances:
11 (a) The use, in this State, of tangible personal property
12acquired outside this State by a nonresident individual and
13brought into this State by the individual for his or her own
14use while temporarily within this State or while passing
15through this State.
16 (b) (Blank).
17 (c) The use, in this State, by owners, lessors, or shippers
18of tangible personal property that is utilized by interstate
19carriers for hire for use as rolling stock moving in interstate
20commerce as long as so used by the interstate carriers for
21hire, and equipment operated by a telecommunications provider,
22licensed as a common carrier by the Federal Communications
23Commission, which is permanently installed in or affixed to

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1aircraft moving in interstate commerce.
2 (d) The use, in this State, of tangible personal property
3that is acquired outside this State and caused to be brought
4into this State by a person who has already paid a tax in
5another State in respect to the sale, purchase, or use of that
6property, to the extent of the amount of the tax properly due
7and paid in the other State.
8 (e) The temporary storage, in this State, of tangible
9personal property that is acquired outside this State and that,
10after being brought into this State and stored here
11temporarily, is used solely outside this State or is physically
12attached to or incorporated into other tangible personal
13property that is used solely outside this State, or is altered
14by converting, fabricating, manufacturing, printing,
15processing, or shaping, and, as altered, is used solely outside
16this State.
17 (f) The temporary storage in this State of building
18materials and fixtures that are acquired either in this State
19or outside this State by an Illinois registered combination
20retailer and construction contractor, and that the purchaser
21thereafter uses outside this State by incorporating that
22property into real estate located outside this State.
23 (g) The use or purchase of tangible personal property by a
24common carrier by rail or motor that receives the physical
25possession of the property in Illinois, and that transports the
26property, or shares with another common carrier in the

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1transportation of the property, out of Illinois on a standard
2uniform bill of lading showing the seller of the property as
3the shipper or consignor of the property to a destination
4outside Illinois, for use outside Illinois.
5 (h) Except as provided in subsection (h-1), the use, in
6this State, of a motor vehicle that was sold in this State to a
7nonresident, even though the motor vehicle is delivered to the
8nonresident in this State, if the motor vehicle is not to be
9titled in this State, and if a drive-away permit is issued to
10the motor vehicle as provided in Section 3-603 of the Illinois
11Vehicle Code or if the nonresident purchaser has vehicle
12registration plates to transfer to the motor vehicle upon
13returning to his or her home state. The issuance of the
14drive-away permit or having the out-of-state registration
15plates to be transferred shall be prima facie evidence that the
16motor vehicle will not be titled in this State.
17 (h-1) The exemption under subsection (h) does not apply if
18the state in which the motor vehicle will be titled does not
19allow a reciprocal exemption for the use in that state of a
20motor vehicle sold and delivered in that state to an Illinois
21resident but titled in Illinois. The tax collected under this
22Act on the sale of a motor vehicle in this State to a resident
23of another state that does not allow a reciprocal exemption
24shall be imposed at a rate equal to the state's rate of tax on
25taxable property in the state in which the purchaser is a
26resident, except that the tax shall not exceed the tax that

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1would otherwise be imposed under this Act. At the time of the
2sale, the purchaser shall execute a statement, signed under
3penalty of perjury, of his or her intent to title the vehicle
4in the state in which the purchaser is a resident within 30
5days after the sale and of the fact of the payment to the State
6of Illinois of tax in an amount equivalent to the state's rate
7of tax on taxable property in his or her state of residence and
8shall submit the statement to the appropriate tax collection
9agency in his or her state of residence. In addition, the
10retailer must retain a signed copy of the statement in his or
11her records. Nothing in this subsection shall be construed to
12require the removal of the vehicle from this state following
13the filing of an intent to title the vehicle in the purchaser's
14state of residence if the purchaser titles the vehicle in his
15or her state of residence within 30 days after the date of
16sale. The tax collected under this Act in accordance with this
17subsection (h-1) shall be proportionately distributed as if the
18tax were collected at the 6.25% general rate imposed under this
19Act.
20 (h-2) The following exemptions apply with respect to
21certain aircraft:
22 (1) Beginning on July 1, 2007, no tax is imposed under
23 this Act on the purchase of an aircraft, as defined in
24 Section 3 of the Illinois Aeronautics Act, if all of the
25 following conditions are met:
26 (A) the aircraft leaves this State within 15 days

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1 after the later of either the issuance of the final
2 billing for the purchase of the aircraft or the
3 authorized approval for return to service, completion
4 of the maintenance record entry, and completion of the
5 test flight and ground test for inspection, as required
6 by 14 C.F.R. 91.407;
7 (B) the aircraft is not based or registered in this
8 State after the purchase of the aircraft; and
9 (C) the purchaser provides the Department with a
10 signed and dated certification, on a form prescribed by
11 the Department, certifying that the requirements of
12 this item (1) are met. The certificate must also
13 include the name and address of the purchaser, the
14 address of the location where the aircraft is to be
15 titled or registered, the address of the primary
16 physical location of the aircraft, and other
17 information that the Department may reasonably
18 require.
19 (2) Beginning on July 1, 2007, no tax is imposed under
20 this Act on the use of an aircraft, as defined in Section 3
21 of the Illinois Aeronautics Act, that is temporarily
22 located in this State for the purpose of a prepurchase
23 evaluation if all of the following conditions are met:
24 (A) the aircraft is not based or registered in this
25 State after the prepurchase evaluation; and
26 (B) the purchaser provides the Department with a

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1 signed and dated certification, on a form prescribed by
2 the Department, certifying that the requirements of
3 this item (2) are met. The certificate must also
4 include the name and address of the purchaser, the
5 address of the location where the aircraft is to be
6 titled or registered, the address of the primary
7 physical location of the aircraft, and other
8 information that the Department may reasonably
9 require.
10 (3) Beginning on July 1, 2007, no tax is imposed under
11 this Act on the use of an aircraft, as defined in Section 3
12 of the Illinois Aeronautics Act, that is temporarily
13 located in this State for the purpose of a post-sale
14 customization if all of the following conditions are met:
15 (A) the aircraft leaves this State within 15 days
16 after the authorized approval for return to service,
17 completion of the maintenance record entry, and
18 completion of the test flight and ground test for
19 inspection, as required by 14 C.F.R. 91.407;
20 (B) the aircraft is not based or registered in this
21 State either before or after the post-sale
22 customization; and
23 (C) the purchaser provides the Department with a
24 signed and dated certification, on a form prescribed by
25 the Department, certifying that the requirements of
26 this item (3) are met. The certificate must also

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1 include the name and address of the purchaser, the
2 address of the location where the aircraft is to be
3 titled or registered, the address of the primary
4 physical location of the aircraft, and other
5 information that the Department may reasonably
6 require.
7 If tax becomes due under this subsection (h-2) because of
8the purchaser's use of the aircraft in this State, the
9purchaser shall file a return with the Department and pay the
10tax on the fair market value of the aircraft. This return and
11payment of the tax must be made no later than 30 days after the
12aircraft is used in a taxable manner in this State. The tax is
13based on the fair market value of the aircraft on the date that
14it is first used in a taxable manner in this State.
15 For purposes of this subsection (h-2):
16 "Based in this State" means hangared, stored, or otherwise
17used, excluding post-sale customizations as defined in this
18Section, for 10 or more days in each 12-month period
19immediately following the date of the sale of the aircraft.
20 "Post-sale customization" means any improvement,
21maintenance, or repair that is performed on an aircraft
22following a transfer of ownership of the aircraft.
23 "Prepurchase evaluation" means an examination of an
24aircraft to provide a potential purchaser with information
25relevant to the potential purchase.
26 "Registered in this State" means an aircraft registered

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1with the Department of Transportation, Aeronautics Division,
2or titled or registered with the Federal Aviation
3Administration to an address located in this State.
4 This subsection (h-2) is exempt from the provisions of
5Section 3-90.
6 (i) Beginning July 1, 1999, the use, in this State, of fuel
7acquired outside this State and brought into this State in the
8fuel supply tanks of locomotives engaged in freight hauling and
9passenger service for interstate commerce. This subsection is
10exempt from the provisions of Section 3-90.
11 (j) Beginning on January 1, 2002 and through June 30, 2021
12June 30, 2016, the use of tangible personal property purchased
13from an Illinois retailer by a taxpayer engaged in centralized
14purchasing activities in Illinois who will, upon receipt of the
15property in Illinois, temporarily store the property in
16Illinois (i) for the purpose of subsequently transporting it
17outside this State for use or consumption thereafter solely
18outside this State or (ii) for the purpose of being processed,
19fabricated, or manufactured into, attached to, or incorporated
20into other tangible personal property to be transported outside
21this State and thereafter used or consumed solely outside this
22State. The Director of Revenue shall, pursuant to rules adopted
23in accordance with the Illinois Administrative Procedure Act,
24issue a permit to any taxpayer in good standing with the
25Department who is eligible for the exemption under this
26subsection (j). The permit issued under this subsection (j)

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1shall authorize the holder, to the extent and in the manner
2specified in the rules adopted under this Act, to purchase
3tangible personal property from a retailer exempt from the
4taxes imposed by this Act. Taxpayers shall maintain all
5necessary books and records to substantiate the use and
6consumption of all such tangible personal property outside of
7the State of Illinois.
8(Source: P.A. 100-321, eff. 8-24-17.)
9 Section 10. The Service Use Tax Act is amended by changing
10Section 3-45 as follows:
11 (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
12 Sec. 3-45. Multistate exemption. To prevent actual or
13likely multistate taxation, the tax imposed by this Act does
14not apply to the use of tangible personal property in this
15State under the following circumstances:
16 (a) The use, in this State, of property acquired outside
17this State by a nonresident individual and brought into this
18State by the individual for his or her own use while
19temporarily within this State or while passing through this
20State.
21 (b) The use, in this State, of property that is acquired
22outside this State and that is moved into this State for use as
23rolling stock moving in interstate commerce.
24 (c) The use, in this State, of property that is acquired

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1outside this State and caused to be brought into this State by
2a person who has already paid a tax in another state in respect
3to the sale, purchase, or use of that property, to the extent
4of the amount of the tax properly due and paid in the other
5state.
6 (d) The temporary storage, in this State, of property that
7is acquired outside this State and that after being brought
8into this State and stored here temporarily, is used solely
9outside this State or is physically attached to or incorporated
10into other property that is used solely outside this State, or
11is altered by converting, fabricating, manufacturing,
12printing, processing, or shaping, and, as altered, is used
13solely outside this State.
14 (e) Beginning July 1, 1999, the use, in this State, of fuel
15acquired outside this State and brought into this State in the
16fuel supply tanks of locomotives engaged in freight hauling and
17passenger service for interstate commerce. This subsection is
18exempt from the provisions of Section 3-75.
19 (f) Beginning on January 1, 2002 and through June 30, 2021
20June 30, 2016, the use of tangible personal property purchased
21from an Illinois retailer by a taxpayer engaged in centralized
22purchasing activities in Illinois who will, upon receipt of the
23property in Illinois, temporarily store the property in
24Illinois (i) for the purpose of subsequently transporting it
25outside this State for use or consumption thereafter solely
26outside this State or (ii) for the purpose of being processed,

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1fabricated, or manufactured into, attached to, or incorporated
2into other tangible personal property to be transported outside
3this State and thereafter used or consumed solely outside this
4State. The Director of Revenue shall, pursuant to rules adopted
5in accordance with the Illinois Administrative Procedure Act,
6issue a permit to any taxpayer in good standing with the
7Department who is eligible for the exemption under this
8subsection (f). The permit issued under this subsection (f)
9shall authorize the holder, to the extent and in the manner
10specified in the rules adopted under this Act, to purchase
11tangible personal property from a retailer exempt from the
12taxes imposed by this Act. Taxpayers shall maintain all
13necessary books and records to substantiate the use and
14consumption of all such tangible personal property outside of
15the State of Illinois.
16(Source: P.A. 97-73, eff. 6-30-11.)
17 Section 15. The Service Occupation Tax Act is amended by
18changing Section 3-5 as follows:
19 (35 ILCS 115/3-5)
20 Sec. 3-5. Exemptions. The following tangible personal
21property is exempt from the tax imposed by this Act:
22 (1) Personal property sold by a corporation, society,
23association, foundation, institution, or organization, other
24than a limited liability company, that is organized and

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1operated as a not-for-profit service enterprise for the benefit
2of persons 65 years of age or older if the personal property
3was not purchased by the enterprise for the purpose of resale
4by the enterprise.
5 (2) Personal property purchased by a not-for-profit
6Illinois county fair association for use in conducting,
7operating, or promoting the county fair.
8 (3) Personal property purchased by any not-for-profit arts
9or cultural organization that establishes, by proof required by
10the Department by rule, that it has received an exemption under
11Section 501(c)(3) of the Internal Revenue Code and that is
12organized and operated primarily for the presentation or
13support of arts or cultural programming, activities, or
14services. These organizations include, but are not limited to,
15music and dramatic arts organizations such as symphony
16orchestras and theatrical groups, arts and cultural service
17organizations, local arts councils, visual arts organizations,
18and media arts organizations. On and after the effective date
19of this amendatory Act of the 92nd General Assembly, however,
20an entity otherwise eligible for this exemption shall not make
21tax-free purchases unless it has an active identification
22number issued by the Department.
23 (4) Legal tender, currency, medallions, or gold or silver
24coinage issued by the State of Illinois, the government of the
25United States of America, or the government of any foreign
26country, and bullion.

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1 (5) Until July 1, 2003 and beginning again on September 1,
22004 through August 30, 2014, graphic arts machinery and
3equipment, including repair and replacement parts, both new and
4used, and including that manufactured on special order or
5purchased for lease, certified by the purchaser to be used
6primarily for graphic arts production. Equipment includes
7chemicals or chemicals acting as catalysts but only if the
8chemicals or chemicals acting as catalysts effect a direct and
9immediate change upon a graphic arts product. Beginning on July
101, 2017, graphic arts machinery and equipment is included in
11the manufacturing and assembling machinery and equipment
12exemption under Section 2 of this Act.
13 (6) Personal property sold by a teacher-sponsored student
14organization affiliated with an elementary or secondary school
15located in Illinois.
16 (7) Farm machinery and equipment, both new and used,
17including that manufactured on special order, certified by the
18purchaser to be used primarily for production agriculture or
19State or federal agricultural programs, including individual
20replacement parts for the machinery and equipment, including
21machinery and equipment purchased for lease, and including
22implements of husbandry defined in Section 1-130 of the
23Illinois Vehicle Code, farm machinery and agricultural
24chemical and fertilizer spreaders, and nurse wagons required to
25be registered under Section 3-809 of the Illinois Vehicle Code,
26but excluding other motor vehicles required to be registered

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1under the Illinois Vehicle Code. Horticultural polyhouses or
2hoop houses used for propagating, growing, or overwintering
3plants shall be considered farm machinery and equipment under
4this item (7). Agricultural chemical tender tanks and dry boxes
5shall include units sold separately from a motor vehicle
6required to be licensed and units sold mounted on a motor
7vehicle required to be licensed if the selling price of the
8tender is separately stated.
9 Farm machinery and equipment shall include precision
10farming equipment that is installed or purchased to be
11installed on farm machinery and equipment including, but not
12limited to, tractors, harvesters, sprayers, planters, seeders,
13or spreaders. Precision farming equipment includes, but is not
14limited to, soil testing sensors, computers, monitors,
15software, global positioning and mapping systems, and other
16such equipment.
17 Farm machinery and equipment also includes computers,
18sensors, software, and related equipment used primarily in the
19computer-assisted operation of production agriculture
20facilities, equipment, and activities such as, but not limited
21to, the collection, monitoring, and correlation of animal and
22crop data for the purpose of formulating animal diets and
23agricultural chemicals. This item (7) is exempt from the
24provisions of Section 3-55.
25 (8) Until June 30, 2013, fuel and petroleum products sold
26to or used by an air common carrier, certified by the carrier

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1to be used for consumption, shipment, or storage in the conduct
2of its business as an air common carrier, for a flight destined
3for or returning from a location or locations outside the
4United States without regard to previous or subsequent domestic
5stopovers.
6 Beginning July 1, 2013, fuel and petroleum products sold to
7or used by an air carrier, certified by the carrier to be used
8for consumption, shipment, or storage in the conduct of its
9business as an air common carrier, for a flight that (i) is
10engaged in foreign trade or is engaged in trade between the
11United States and any of its possessions and (ii) transports at
12least one individual or package for hire from the city of
13origination to the city of final destination on the same
14aircraft, without regard to a change in the flight number of
15that aircraft.
16 (9) Proceeds of mandatory service charges separately
17stated on customers' bills for the purchase and consumption of
18food and beverages, to the extent that the proceeds of the
19service charge are in fact turned over as tips or as a
20substitute for tips to the employees who participate directly
21in preparing, serving, hosting or cleaning up the food or
22beverage function with respect to which the service charge is
23imposed.
24 (10) Until July 1, 2003, oil field exploration, drilling,
25and production equipment, including (i) rigs and parts of rigs,
26rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and

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1tubular goods, including casing and drill strings, (iii) pumps
2and pump-jack units, (iv) storage tanks and flow lines, (v) any
3individual replacement part for oil field exploration,
4drilling, and production equipment, and (vi) machinery and
5equipment purchased for lease; but excluding motor vehicles
6required to be registered under the Illinois Vehicle Code.
7 (11) Photoprocessing machinery and equipment, including
8repair and replacement parts, both new and used, including that
9manufactured on special order, certified by the purchaser to be
10used primarily for photoprocessing, and including
11photoprocessing machinery and equipment purchased for lease.
12 (12) Coal and aggregate exploration, mining, off-highway
13hauling, processing, maintenance, and reclamation equipment,
14including replacement parts and equipment, and including
15equipment purchased for lease, but excluding motor vehicles
16required to be registered under the Illinois Vehicle Code. The
17changes made to this Section by Public Act 97-767 apply on and
18after July 1, 2003, but no claim for credit or refund is
19allowed on or after August 16, 2013 (the effective date of
20Public Act 98-456) for such taxes paid during the period
21beginning July 1, 2003 and ending on August 16, 2013 (the
22effective date of Public Act 98-456).
23 (13) Beginning January 1, 1992 and through June 30, 2016,
24food for human consumption that is to be consumed off the
25premises where it is sold (other than alcoholic beverages, soft
26drinks and food that has been prepared for immediate

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1consumption) and prescription and non-prescription medicines,
2drugs, medical appliances, and insulin, urine testing
3materials, syringes, and needles used by diabetics, for human
4use, when purchased for use by a person receiving medical
5assistance under Article V of the Illinois Public Aid Code who
6resides in a licensed long-term care facility, as defined in
7the Nursing Home Care Act, or in a licensed facility as defined
8in the ID/DD Community Care Act, the MC/DD Act, or the
9Specialized Mental Health Rehabilitation Act of 2013.
10 (14) Semen used for artificial insemination of livestock
11for direct agricultural production.
12 (15) Horses, or interests in horses, registered with and
13meeting the requirements of any of the Arabian Horse Club
14Registry of America, Appaloosa Horse Club, American Quarter
15Horse Association, United States Trotting Association, or
16Jockey Club, as appropriate, used for purposes of breeding or
17racing for prizes. This item (15) is exempt from the provisions
18of Section 3-55, and the exemption provided for under this item
19(15) applies for all periods beginning May 30, 1995, but no
20claim for credit or refund is allowed on or after January 1,
212008 (the effective date of Public Act 95-88) for such taxes
22paid during the period beginning May 30, 2000 and ending on
23January 1, 2008 (the effective date of Public Act 95-88).
24 (16) Computers and communications equipment utilized for
25any hospital purpose and equipment used in the diagnosis,
26analysis, or treatment of hospital patients sold to a lessor

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1who leases the equipment, under a lease of one year or longer
2executed or in effect at the time of the purchase, to a
3hospital that has been issued an active tax exemption
4identification number by the Department under Section 1g of the
5Retailers' Occupation Tax Act.
6 (17) Personal property sold to a lessor who leases the
7property, under a lease of one year or longer executed or in
8effect at the time of the purchase, to a governmental body that
9has been issued an active tax exemption identification number
10by the Department under Section 1g of the Retailers' Occupation
11Tax Act.
12 (18) Beginning with taxable years ending on or after
13December 31, 1995 and ending with taxable years ending on or
14before December 31, 2004, personal property that is donated for
15disaster relief to be used in a State or federally declared
16disaster area in Illinois or bordering Illinois by a
17manufacturer or retailer that is registered in this State to a
18corporation, society, association, foundation, or institution
19that has been issued a sales tax exemption identification
20number by the Department that assists victims of the disaster
21who reside within the declared disaster area.
22 (19) Beginning with taxable years ending on or after
23December 31, 1995 and ending with taxable years ending on or
24before December 31, 2004, personal property that is used in the
25performance of infrastructure repairs in this State, including
26but not limited to municipal roads and streets, access roads,

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1bridges, sidewalks, waste disposal systems, water and sewer
2line extensions, water distribution and purification
3facilities, storm water drainage and retention facilities, and
4sewage treatment facilities, resulting from a State or
5federally declared disaster in Illinois or bordering Illinois
6when such repairs are initiated on facilities located in the
7declared disaster area within 6 months after the disaster.
8 (20) Beginning July 1, 1999, game or game birds sold at a
9"game breeding and hunting preserve area" as that term is used
10in the Wildlife Code. This paragraph is exempt from the
11provisions of Section 3-55.
12 (21) A motor vehicle, as that term is defined in Section
131-146 of the Illinois Vehicle Code, that is donated to a
14corporation, limited liability company, society, association,
15foundation, or institution that is determined by the Department
16to be organized and operated exclusively for educational
17purposes. For purposes of this exemption, "a corporation,
18limited liability company, society, association, foundation,
19or institution organized and operated exclusively for
20educational purposes" means all tax-supported public schools,
21private schools that offer systematic instruction in useful
22branches of learning by methods common to public schools and
23that compare favorably in their scope and intensity with the
24course of study presented in tax-supported schools, and
25vocational or technical schools or institutes organized and
26operated exclusively to provide a course of study of not less

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1than 6 weeks duration and designed to prepare individuals to
2follow a trade or to pursue a manual, technical, mechanical,
3industrial, business, or commercial occupation.
4 (22) Beginning January 1, 2000, personal property,
5including food, purchased through fundraising events for the
6benefit of a public or private elementary or secondary school,
7a group of those schools, or one or more school districts if
8the events are sponsored by an entity recognized by the school
9district that consists primarily of volunteers and includes
10parents and teachers of the school children. This paragraph
11does not apply to fundraising events (i) for the benefit of
12private home instruction or (ii) for which the fundraising
13entity purchases the personal property sold at the events from
14another individual or entity that sold the property for the
15purpose of resale by the fundraising entity and that profits
16from the sale to the fundraising entity. This paragraph is
17exempt from the provisions of Section 3-55.
18 (23) Beginning January 1, 2000 and through December 31,
192001, new or used automatic vending machines that prepare and
20serve hot food and beverages, including coffee, soup, and other
21items, and replacement parts for these machines. Beginning
22January 1, 2002 and through June 30, 2003, machines and parts
23for machines used in commercial, coin-operated amusement and
24vending business if a use or occupation tax is paid on the
25gross receipts derived from the use of the commercial,
26coin-operated amusement and vending machines. This paragraph

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1is exempt from the provisions of Section 3-55.
2 (24) Beginning on the effective date of this amendatory Act
3of the 92nd General Assembly, computers and communications
4equipment utilized for any hospital purpose and equipment used
5in the diagnosis, analysis, or treatment of hospital patients
6sold to a lessor who leases the equipment, under a lease of one
7year or longer executed or in effect at the time of the
8purchase, to a hospital that has been issued an active tax
9exemption identification number by the Department under
10Section 1g of the Retailers' Occupation Tax Act. This paragraph
11is exempt from the provisions of Section 3-55.
12 (25) Beginning on the effective date of this amendatory Act
13of the 92nd General Assembly, personal property sold to a
14lessor who leases the property, under a lease of one year or
15longer executed or in effect at the time of the purchase, to a
16governmental body that has been issued an active tax exemption
17identification number by the Department under Section 1g of the
18Retailers' Occupation Tax Act. This paragraph is exempt from
19the provisions of Section 3-55.
20 (26) Beginning on January 1, 2002 and through June 30, 2021
21June 30, 2016, tangible personal property purchased from an
22Illinois retailer by a taxpayer engaged in centralized
23purchasing activities in Illinois who will, upon receipt of the
24property in Illinois, temporarily store the property in
25Illinois (i) for the purpose of subsequently transporting it
26outside this State for use or consumption thereafter solely

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1outside this State or (ii) for the purpose of being processed,
2fabricated, or manufactured into, attached to, or incorporated
3into other tangible personal property to be transported outside
4this State and thereafter used or consumed solely outside this
5State. The Director of Revenue shall, pursuant to rules adopted
6in accordance with the Illinois Administrative Procedure Act,
7issue a permit to any taxpayer in good standing with the
8Department who is eligible for the exemption under this
9paragraph (26). The permit issued under this paragraph (26)
10shall authorize the holder, to the extent and in the manner
11specified in the rules adopted under this Act, to purchase
12tangible personal property from a retailer exempt from the
13taxes imposed by this Act. Taxpayers shall maintain all
14necessary books and records to substantiate the use and
15consumption of all such tangible personal property outside of
16the State of Illinois.
17 (27) Beginning January 1, 2008, tangible personal property
18used in the construction or maintenance of a community water
19supply, as defined under Section 3.145 of the Environmental
20Protection Act, that is operated by a not-for-profit
21corporation that holds a valid water supply permit issued under
22Title IV of the Environmental Protection Act. This paragraph is
23exempt from the provisions of Section 3-55.
24 (28) Tangible personal property sold to a
25public-facilities corporation, as described in Section
2611-65-10 of the Illinois Municipal Code, for purposes of

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1constructing or furnishing a municipal convention hall, but
2only if the legal title to the municipal convention hall is
3transferred to the municipality without any further
4consideration by or on behalf of the municipality at the time
5of the completion of the municipal convention hall or upon the
6retirement or redemption of any bonds or other debt instruments
7issued by the public-facilities corporation in connection with
8the development of the municipal convention hall. This
9exemption includes existing public-facilities corporations as
10provided in Section 11-65-25 of the Illinois Municipal Code.
11This paragraph is exempt from the provisions of Section 3-55.
12 (29) Beginning January 1, 2010, materials, parts,
13equipment, components, and furnishings incorporated into or
14upon an aircraft as part of the modification, refurbishment,
15completion, replacement, repair, or maintenance of the
16aircraft. This exemption includes consumable supplies used in
17the modification, refurbishment, completion, replacement,
18repair, and maintenance of aircraft, but excludes any
19materials, parts, equipment, components, and consumable
20supplies used in the modification, replacement, repair, and
21maintenance of aircraft engines or power plants, whether such
22engines or power plants are installed or uninstalled upon any
23such aircraft. "Consumable supplies" include, but are not
24limited to, adhesive, tape, sandpaper, general purpose
25lubricants, cleaning solution, latex gloves, and protective
26films. This exemption applies only to the transfer of

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1qualifying tangible personal property incident to the
2modification, refurbishment, completion, replacement, repair,
3or maintenance of an aircraft by persons who (i) hold an Air
4Agency Certificate and are empowered to operate an approved
5repair station by the Federal Aviation Administration, (ii)
6have a Class IV Rating, and (iii) conduct operations in
7accordance with Part 145 of the Federal Aviation Regulations.
8The exemption does not include aircraft operated by a
9commercial air carrier providing scheduled passenger air
10service pursuant to authority issued under Part 121 or Part 129
11of the Federal Aviation Regulations. The changes made to this
12paragraph (29) by Public Act 98-534 are declarative of existing
13law.
14 (30) Beginning January 1, 2017, menstrual pads, tampons,
15and menstrual cups.
16(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
17100-22, eff. 7-6-17.)
18 Section 20. The Retailers' Occupation Tax Act is amended by
19changing Section 2-5 as follows:
20 (35 ILCS 120/2-5)
21 Sec. 2-5. Exemptions. Gross receipts from proceeds from the
22sale of the following tangible personal property are exempt
23from the tax imposed by this Act:
24 (1) Farm chemicals.

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1 (2) Farm machinery and equipment, both new and used,
2 including that manufactured on special order, certified by
3 the purchaser to be used primarily for production
4 agriculture or State or federal agricultural programs,
5 including individual replacement parts for the machinery
6 and equipment, including machinery and equipment purchased
7 for lease, and including implements of husbandry defined in
8 Section 1-130 of the Illinois Vehicle Code, farm machinery
9 and agricultural chemical and fertilizer spreaders, and
10 nurse wagons required to be registered under Section 3-809
11 of the Illinois Vehicle Code, but excluding other motor
12 vehicles required to be registered under the Illinois
13 Vehicle Code. Horticultural polyhouses or hoop houses used
14 for propagating, growing, or overwintering plants shall be
15 considered farm machinery and equipment under this item
16 (2). Agricultural chemical tender tanks and dry boxes shall
17 include units sold separately from a motor vehicle required
18 to be licensed and units sold mounted on a motor vehicle
19 required to be licensed, if the selling price of the tender
20 is separately stated.
21 Farm machinery and equipment shall include precision
22 farming equipment that is installed or purchased to be
23 installed on farm machinery and equipment including, but
24 not limited to, tractors, harvesters, sprayers, planters,
25 seeders, or spreaders. Precision farming equipment
26 includes, but is not limited to, soil testing sensors,

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1 computers, monitors, software, global positioning and
2 mapping systems, and other such equipment.
3 Farm machinery and equipment also includes computers,
4 sensors, software, and related equipment used primarily in
5 the computer-assisted operation of production agriculture
6 facilities, equipment, and activities such as, but not
7 limited to, the collection, monitoring, and correlation of
8 animal and crop data for the purpose of formulating animal
9 diets and agricultural chemicals. This item (2) is exempt
10 from the provisions of Section 2-70.
11 (3) Until July 1, 2003, distillation machinery and
12 equipment, sold as a unit or kit, assembled or installed by
13 the retailer, certified by the user to be used only for the
14 production of ethyl alcohol that will be used for
15 consumption as motor fuel or as a component of motor fuel
16 for the personal use of the user, and not subject to sale
17 or resale.
18 (4) Until July 1, 2003 and beginning again September 1,
19 2004 through August 30, 2014, graphic arts machinery and
20 equipment, including repair and replacement parts, both
21 new and used, and including that manufactured on special
22 order or purchased for lease, certified by the purchaser to
23 be used primarily for graphic arts production. Equipment
24 includes chemicals or chemicals acting as catalysts but
25 only if the chemicals or chemicals acting as catalysts
26 effect a direct and immediate change upon a graphic arts

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1 product. Beginning on July 1, 2017, graphic arts machinery
2 and equipment is included in the manufacturing and
3 assembling machinery and equipment exemption under
4 paragraph (14).
5 (5) A motor vehicle that is used for automobile
6 renting, as defined in the Automobile Renting Occupation
7 and Use Tax Act. This paragraph is exempt from the
8 provisions of Section 2-70.
9 (6) Personal property sold by a teacher-sponsored
10 student organization affiliated with an elementary or
11 secondary school located in Illinois.
12 (7) Until July 1, 2003, proceeds of that portion of the
13 selling price of a passenger car the sale of which is
14 subject to the Replacement Vehicle Tax.
15 (8) Personal property sold to an Illinois county fair
16 association for use in conducting, operating, or promoting
17 the county fair.
18 (9) Personal property sold to a not-for-profit arts or
19 cultural organization that establishes, by proof required
20 by the Department by rule, that it has received an
21 exemption under Section 501(c)(3) of the Internal Revenue
22 Code and that is organized and operated primarily for the
23 presentation or support of arts or cultural programming,
24 activities, or services. These organizations include, but
25 are not limited to, music and dramatic arts organizations
26 such as symphony orchestras and theatrical groups, arts and

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1 cultural service organizations, local arts councils,
2 visual arts organizations, and media arts organizations.
3 On and after July 1, 2001 (the effective date of Public Act
4 92-35) this amendatory Act of the 92nd General Assembly,
5 however, an entity otherwise eligible for this exemption
6 shall not make tax-free purchases unless it has an active
7 identification number issued by the Department.
8 (10) Personal property sold by a corporation, society,
9 association, foundation, institution, or organization,
10 other than a limited liability company, that is organized
11 and operated as a not-for-profit service enterprise for the
12 benefit of persons 65 years of age or older if the personal
13 property was not purchased by the enterprise for the
14 purpose of resale by the enterprise.
15 (11) Personal property sold to a governmental body, to
16 a corporation, society, association, foundation, or
17 institution organized and operated exclusively for
18 charitable, religious, or educational purposes, or to a
19 not-for-profit corporation, society, association,
20 foundation, institution, or organization that has no
21 compensated officers or employees and that is organized and
22 operated primarily for the recreation of persons 55 years
23 of age or older. A limited liability company may qualify
24 for the exemption under this paragraph only if the limited
25 liability company is organized and operated exclusively
26 for educational purposes. On and after July 1, 1987,

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1 however, no entity otherwise eligible for this exemption
2 shall make tax-free purchases unless it has an active
3 identification number issued by the Department.
4 (12) (Blank).
5 (12-5) On and after July 1, 2003 and through June 30,
6 2004, motor vehicles of the second division with a gross
7 vehicle weight in excess of 8,000 pounds that are subject
8 to the commercial distribution fee imposed under Section
9 3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
10 2004 and through June 30, 2005, the use in this State of
11 motor vehicles of the second division: (i) with a gross
12 vehicle weight rating in excess of 8,000 pounds; (ii) that
13 are subject to the commercial distribution fee imposed
14 under Section 3-815.1 of the Illinois Vehicle Code; and
15 (iii) that are primarily used for commercial purposes.
16 Through June 30, 2005, this exemption applies to repair and
17 replacement parts added after the initial purchase of such
18 a motor vehicle if that motor vehicle is used in a manner
19 that would qualify for the rolling stock exemption
20 otherwise provided for in this Act. For purposes of this
21 paragraph, "used for commercial purposes" means the
22 transportation of persons or property in furtherance of any
23 commercial or industrial enterprise whether for-hire or
24 not.
25 (13) Proceeds from sales to owners, lessors, or
26 shippers of tangible personal property that is utilized by

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1 interstate carriers for hire for use as rolling stock
2 moving in interstate commerce and equipment operated by a
3 telecommunications provider, licensed as a common carrier
4 by the Federal Communications Commission, which is
5 permanently installed in or affixed to aircraft moving in
6 interstate commerce.
7 (14) Machinery and equipment that will be used by the
8 purchaser, or a lessee of the purchaser, primarily in the
9 process of manufacturing or assembling tangible personal
10 property for wholesale or retail sale or lease, whether the
11 sale or lease is made directly by the manufacturer or by
12 some other person, whether the materials used in the
13 process are owned by the manufacturer or some other person,
14 or whether the sale or lease is made apart from or as an
15 incident to the seller's engaging in the service occupation
16 of producing machines, tools, dies, jigs, patterns,
17 gauges, or other similar items of no commercial value on
18 special order for a particular purchaser. The exemption
19 provided by this paragraph (14) does not include machinery
20 and equipment used in (i) the generation of electricity for
21 wholesale or retail sale; (ii) the generation or treatment
22 of natural or artificial gas for wholesale or retail sale
23 that is delivered to customers through pipes, pipelines, or
24 mains; or (iii) the treatment of water for wholesale or
25 retail sale that is delivered to customers through pipes,
26 pipelines, or mains. The provisions of Public Act 98-583

HB5570- 31 -LRB100 16521 HLH 31653 b
1 are declaratory of existing law as to the meaning and scope
2 of this exemption. Beginning on July 1, 2017, the exemption
3 provided by this paragraph (14) includes, but is not
4 limited to, graphic arts machinery and equipment, as
5 defined in paragraph (4) of this Section.
6 (15) Proceeds of mandatory service charges separately
7 stated on customers' bills for purchase and consumption of
8 food and beverages, to the extent that the proceeds of the
9 service charge are in fact turned over as tips or as a
10 substitute for tips to the employees who participate
11 directly in preparing, serving, hosting or cleaning up the
12 food or beverage function with respect to which the service
13 charge is imposed.
14 (16) Petroleum products sold to a purchaser if the
15 seller is prohibited by federal law from charging tax to
16 the purchaser.
17 (17) Tangible personal property sold to a common
18 carrier by rail or motor that receives the physical
19 possession of the property in Illinois and that transports
20 the property, or shares with another common carrier in the
21 transportation of the property, out of Illinois on a
22 standard uniform bill of lading showing the seller of the
23 property as the shipper or consignor of the property to a
24 destination outside Illinois, for use outside Illinois.
25 (18) Legal tender, currency, medallions, or gold or
26 silver coinage issued by the State of Illinois, the

HB5570- 32 -LRB100 16521 HLH 31653 b
1 government of the United States of America, or the
2 government of any foreign country, and bullion.
3 (19) Until July 1, 2003, oil field exploration,
4 drilling, and production equipment, including (i) rigs and
5 parts of rigs, rotary rigs, cable tool rigs, and workover
6 rigs, (ii) pipe and tubular goods, including casing and
7 drill strings, (iii) pumps and pump-jack units, (iv)
8 storage tanks and flow lines, (v) any individual
9 replacement part for oil field exploration, drilling, and
10 production equipment, and (vi) machinery and equipment
11 purchased for lease; but excluding motor vehicles required
12 to be registered under the Illinois Vehicle Code.
13 (20) Photoprocessing machinery and equipment,
14 including repair and replacement parts, both new and used,
15 including that manufactured on special order, certified by
16 the purchaser to be used primarily for photoprocessing, and
17 including photoprocessing machinery and equipment
18 purchased for lease.
19 (21) Coal and aggregate exploration, mining,
20 off-highway hauling, processing, maintenance, and
21 reclamation equipment, including replacement parts and
22 equipment, and including equipment purchased for lease,
23 but excluding motor vehicles required to be registered
24 under the Illinois Vehicle Code. The changes made to this
25 Section by Public Act 97-767 apply on and after July 1,
26 2003, but no claim for credit or refund is allowed on or

HB5570- 33 -LRB100 16521 HLH 31653 b
1 after August 16, 2013 (the effective date of Public Act
2 98-456) for such taxes paid during the period beginning
3 July 1, 2003 and ending on August 16, 2013 (the effective
4 date of Public Act 98-456).
5 (22) Until June 30, 2013, fuel and petroleum products
6 sold to or used by an air carrier, certified by the carrier
7 to be used for consumption, shipment, or storage in the
8 conduct of its business as an air common carrier, for a
9 flight destined for or returning from a location or
10 locations outside the United States without regard to
11 previous or subsequent domestic stopovers.
12 Beginning July 1, 2013, fuel and petroleum products
13 sold to or used by an air carrier, certified by the carrier
14 to be used for consumption, shipment, or storage in the
15 conduct of its business as an air common carrier, for a
16 flight that (i) is engaged in foreign trade or is engaged
17 in trade between the United States and any of its
18 possessions and (ii) transports at least one individual or
19 package for hire from the city of origination to the city
20 of final destination on the same aircraft, without regard
21 to a change in the flight number of that aircraft.
22 (23) A transaction in which the purchase order is
23 received by a florist who is located outside Illinois, but
24 who has a florist located in Illinois deliver the property
25 to the purchaser or the purchaser's donee in Illinois.
26 (24) Fuel consumed or used in the operation of ships,

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1 barges, or vessels that are used primarily in or for the
2 transportation of property or the conveyance of persons for
3 hire on rivers bordering on this State if the fuel is
4 delivered by the seller to the purchaser's barge, ship, or
5 vessel while it is afloat upon that bordering river.
6 (25) Except as provided in item (25-5) of this Section,
7 a motor vehicle sold in this State to a nonresident even
8 though the motor vehicle is delivered to the nonresident in
9 this State, if the motor vehicle is not to be titled in
10 this State, and if a drive-away permit is issued to the
11 motor vehicle as provided in Section 3-603 of the Illinois
12 Vehicle Code or if the nonresident purchaser has vehicle
13 registration plates to transfer to the motor vehicle upon
14 returning to his or her home state. The issuance of the
15 drive-away permit or having the out-of-state registration
16 plates to be transferred is prima facie evidence that the
17 motor vehicle will not be titled in this State.
18 (25-5) The exemption under item (25) does not apply if
19 the state in which the motor vehicle will be titled does
20 not allow a reciprocal exemption for a motor vehicle sold
21 and delivered in that state to an Illinois resident but
22 titled in Illinois. The tax collected under this Act on the
23 sale of a motor vehicle in this State to a resident of
24 another state that does not allow a reciprocal exemption
25 shall be imposed at a rate equal to the state's rate of tax
26 on taxable property in the state in which the purchaser is

HB5570- 35 -LRB100 16521 HLH 31653 b
1 a resident, except that the tax shall not exceed the tax
2 that would otherwise be imposed under this Act. At the time
3 of the sale, the purchaser shall execute a statement,
4 signed under penalty of perjury, of his or her intent to
5 title the vehicle in the state in which the purchaser is a
6 resident within 30 days after the sale and of the fact of
7 the payment to the State of Illinois of tax in an amount
8 equivalent to the state's rate of tax on taxable property
9 in his or her state of residence and shall submit the
10 statement to the appropriate tax collection agency in his
11 or her state of residence. In addition, the retailer must
12 retain a signed copy of the statement in his or her
13 records. Nothing in this item shall be construed to require
14 the removal of the vehicle from this state following the
15 filing of an intent to title the vehicle in the purchaser's
16 state of residence if the purchaser titles the vehicle in
17 his or her state of residence within 30 days after the date
18 of sale. The tax collected under this Act in accordance
19 with this item (25-5) shall be proportionately distributed
20 as if the tax were collected at the 6.25% general rate
21 imposed under this Act.
22 (25-7) Beginning on July 1, 2007, no tax is imposed
23 under this Act on the sale of an aircraft, as defined in
24 Section 3 of the Illinois Aeronautics Act, if all of the
25 following conditions are met:
26 (1) the aircraft leaves this State within 15 days

HB5570- 36 -LRB100 16521 HLH 31653 b
1 after the later of either the issuance of the final
2 billing for the sale of the aircraft, or the authorized
3 approval for return to service, completion of the
4 maintenance record entry, and completion of the test
5 flight and ground test for inspection, as required by
6 14 C.F.R. 91.407;
7 (2) the aircraft is not based or registered in this
8 State after the sale of the aircraft; and
9 (3) the seller retains in his or her books and
10 records and provides to the Department a signed and
11 dated certification from the purchaser, on a form
12 prescribed by the Department, certifying that the
13 requirements of this item (25-7) are met. The
14 certificate must also include the name and address of
15 the purchaser, the address of the location where the
16 aircraft is to be titled or registered, the address of
17 the primary physical location of the aircraft, and
18 other information that the Department may reasonably
19 require.
20 For purposes of this item (25-7):
21 "Based in this State" means hangared, stored, or
22 otherwise used, excluding post-sale customizations as
23 defined in this Section, for 10 or more days in each
24 12-month period immediately following the date of the sale
25 of the aircraft.
26 "Registered in this State" means an aircraft

HB5570- 37 -LRB100 16521 HLH 31653 b
1 registered with the Department of Transportation,
2 Aeronautics Division, or titled or registered with the
3 Federal Aviation Administration to an address located in
4 this State.
5 This paragraph (25-7) is exempt from the provisions of
6 Section 2-70.
7 (26) Semen used for artificial insemination of
8 livestock for direct agricultural production.
9 (27) Horses, or interests in horses, registered with
10 and meeting the requirements of any of the Arabian Horse
11 Club Registry of America, Appaloosa Horse Club, American
12 Quarter Horse Association, United States Trotting
13 Association, or Jockey Club, as appropriate, used for
14 purposes of breeding or racing for prizes. This item (27)
15 is exempt from the provisions of Section 2-70, and the
16 exemption provided for under this item (27) applies for all
17 periods beginning May 30, 1995, but no claim for credit or
18 refund is allowed on or after January 1, 2008 (the
19 effective date of Public Act 95-88) for such taxes paid
20 during the period beginning May 30, 2000 and ending on
21 January 1, 2008 (the effective date of Public Act 95-88).
22 (28) Computers and communications equipment utilized
23 for any hospital purpose and equipment used in the
24 diagnosis, analysis, or treatment of hospital patients
25 sold to a lessor who leases the equipment, under a lease of
26 one year or longer executed or in effect at the time of the

HB5570- 38 -LRB100 16521 HLH 31653 b
1 purchase, to a hospital that has been issued an active tax
2 exemption identification number by the Department under
3 Section 1g of this Act.
4 (29) Personal property sold to a lessor who leases the
5 property, under a lease of one year or longer executed or
6 in effect at the time of the purchase, to a governmental
7 body that has been issued an active tax exemption
8 identification number by the Department under Section 1g of
9 this Act.
10 (30) Beginning with taxable years ending on or after
11 December 31, 1995 and ending with taxable years ending on
12 or before December 31, 2004, personal property that is
13 donated for disaster relief to be used in a State or
14 federally declared disaster area in Illinois or bordering
15 Illinois by a manufacturer or retailer that is registered
16 in this State to a corporation, society, association,
17 foundation, or institution that has been issued a sales tax
18 exemption identification number by the Department that
19 assists victims of the disaster who reside within the
20 declared disaster area.
21 (31) Beginning with taxable years ending on or after
22 December 31, 1995 and ending with taxable years ending on
23 or before December 31, 2004, personal property that is used
24 in the performance of infrastructure repairs in this State,
25 including but not limited to municipal roads and streets,
26 access roads, bridges, sidewalks, waste disposal systems,

HB5570- 39 -LRB100 16521 HLH 31653 b
1 water and sewer line extensions, water distribution and
2 purification facilities, storm water drainage and
3 retention facilities, and sewage treatment facilities,
4 resulting from a State or federally declared disaster in
5 Illinois or bordering Illinois when such repairs are
6 initiated on facilities located in the declared disaster
7 area within 6 months after the disaster.
8 (32) Beginning July 1, 1999, game or game birds sold at
9 a "game breeding and hunting preserve area" as that term is
10 used in the Wildlife Code. This paragraph is exempt from
11 the provisions of Section 2-70.
12 (33) A motor vehicle, as that term is defined in
13 Section 1-146 of the Illinois Vehicle Code, that is donated
14 to a corporation, limited liability company, society,
15 association, foundation, or institution that is determined
16 by the Department to be organized and operated exclusively
17 for educational purposes. For purposes of this exemption,
18 "a corporation, limited liability company, society,
19 association, foundation, or institution organized and
20 operated exclusively for educational purposes" means all
21 tax-supported public schools, private schools that offer
22 systematic instruction in useful branches of learning by
23 methods common to public schools and that compare favorably
24 in their scope and intensity with the course of study
25 presented in tax-supported schools, and vocational or
26 technical schools or institutes organized and operated

HB5570- 40 -LRB100 16521 HLH 31653 b
1 exclusively to provide a course of study of not less than 6
2 weeks duration and designed to prepare individuals to
3 follow a trade or to pursue a manual, technical,
4 mechanical, industrial, business, or commercial
5 occupation.
6 (34) Beginning January 1, 2000, personal property,
7 including food, purchased through fundraising events for
8 the benefit of a public or private elementary or secondary
9 school, a group of those schools, or one or more school
10 districts if the events are sponsored by an entity
11 recognized by the school district that consists primarily
12 of volunteers and includes parents and teachers of the
13 school children. This paragraph does not apply to
14 fundraising events (i) for the benefit of private home
15 instruction or (ii) for which the fundraising entity
16 purchases the personal property sold at the events from
17 another individual or entity that sold the property for the
18 purpose of resale by the fundraising entity and that
19 profits from the sale to the fundraising entity. This
20 paragraph is exempt from the provisions of Section 2-70.
21 (35) Beginning January 1, 2000 and through December 31,
22 2001, new or used automatic vending machines that prepare
23 and serve hot food and beverages, including coffee, soup,
24 and other items, and replacement parts for these machines.
25 Beginning January 1, 2002 and through June 30, 2003,
26 machines and parts for machines used in commercial,

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1 coin-operated amusement and vending business if a use or
2 occupation tax is paid on the gross receipts derived from
3 the use of the commercial, coin-operated amusement and
4 vending machines. This paragraph is exempt from the
5 provisions of Section 2-70.
6 (35-5) Beginning August 23, 2001 and through June 30,
7 2016, food for human consumption that is to be consumed off
8 the premises where it is sold (other than alcoholic
9 beverages, soft drinks, and food that has been prepared for
10 immediate consumption) and prescription and
11 nonprescription medicines, drugs, medical appliances, and
12 insulin, urine testing materials, syringes, and needles
13 used by diabetics, for human use, when purchased for use by
14 a person receiving medical assistance under Article V of
15 the Illinois Public Aid Code who resides in a licensed
16 long-term care facility, as defined in the Nursing Home
17 Care Act, or a licensed facility as defined in the ID/DD
18 Community Care Act, the MC/DD Act, or the Specialized
19 Mental Health Rehabilitation Act of 2013.
20 (36) Beginning August 2, 2001, computers and
21 communications equipment utilized for any hospital purpose
22 and equipment used in the diagnosis, analysis, or treatment
23 of hospital patients sold to a lessor who leases the
24 equipment, under a lease of one year or longer executed or
25 in effect at the time of the purchase, to a hospital that
26 has been issued an active tax exemption identification

HB5570- 42 -LRB100 16521 HLH 31653 b
1 number by the Department under Section 1g of this Act. This
2 paragraph is exempt from the provisions of Section 2-70.
3 (37) Beginning August 2, 2001, personal property sold
4 to a lessor who leases the property, under a lease of one
5 year or longer executed or in effect at the time of the
6 purchase, to a governmental body that has been issued an
7 active tax exemption identification number by the
8 Department under Section 1g of this Act. This paragraph is
9 exempt from the provisions of Section 2-70.
10 (38) Beginning on January 1, 2002 and through June 30,
11 2021 June 30, 2016, tangible personal property purchased
12 from an Illinois retailer by a taxpayer engaged in
13 centralized purchasing activities in Illinois who will,
14 upon receipt of the property in Illinois, temporarily store
15 the property in Illinois (i) for the purpose of
16 subsequently transporting it outside this State for use or
17 consumption thereafter solely outside this State or (ii)
18 for the purpose of being processed, fabricated, or
19 manufactured into, attached to, or incorporated into other
20 tangible personal property to be transported outside this
21 State and thereafter used or consumed solely outside this
22 State. The Director of Revenue shall, pursuant to rules
23 adopted in accordance with the Illinois Administrative
24 Procedure Act, issue a permit to any taxpayer in good
25 standing with the Department who is eligible for the
26 exemption under this paragraph (38). The permit issued

HB5570- 43 -LRB100 16521 HLH 31653 b
1 under this paragraph (38) shall authorize the holder, to
2 the extent and in the manner specified in the rules adopted
3 under this Act, to purchase tangible personal property from
4 a retailer exempt from the taxes imposed by this Act.
5 Taxpayers shall maintain all necessary books and records to
6 substantiate the use and consumption of all such tangible
7 personal property outside of the State of Illinois.
8 (39) Beginning January 1, 2008, tangible personal
9 property used in the construction or maintenance of a
10 community water supply, as defined under Section 3.145 of
11 the Environmental Protection Act, that is operated by a
12 not-for-profit corporation that holds a valid water supply
13 permit issued under Title IV of the Environmental
14 Protection Act. This paragraph is exempt from the
15 provisions of Section 2-70.
16 (40) Beginning January 1, 2010, materials, parts,
17 equipment, components, and furnishings incorporated into
18 or upon an aircraft as part of the modification,
19 refurbishment, completion, replacement, repair, or
20 maintenance of the aircraft. This exemption includes
21 consumable supplies used in the modification,
22 refurbishment, completion, replacement, repair, and
23 maintenance of aircraft, but excludes any materials,
24 parts, equipment, components, and consumable supplies used
25 in the modification, replacement, repair, and maintenance
26 of aircraft engines or power plants, whether such engines

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1 or power plants are installed or uninstalled upon any such
2 aircraft. "Consumable supplies" include, but are not
3 limited to, adhesive, tape, sandpaper, general purpose
4 lubricants, cleaning solution, latex gloves, and
5 protective films. This exemption applies only to the sale
6 of qualifying tangible personal property to persons who
7 modify, refurbish, complete, replace, or maintain an
8 aircraft and who (i) hold an Air Agency Certificate and are
9 empowered to operate an approved repair station by the
10 Federal Aviation Administration, (ii) have a Class IV
11 Rating, and (iii) conduct operations in accordance with
12 Part 145 of the Federal Aviation Regulations. The exemption
13 does not include aircraft operated by a commercial air
14 carrier providing scheduled passenger air service pursuant
15 to authority issued under Part 121 or Part 129 of the
16 Federal Aviation Regulations. The changes made to this
17 paragraph (40) by Public Act 98-534 are declarative of
18 existing law.
19 (41) Tangible personal property sold to a
20 public-facilities corporation, as described in Section
21 11-65-10 of the Illinois Municipal Code, for purposes of
22 constructing or furnishing a municipal convention hall,
23 but only if the legal title to the municipal convention
24 hall is transferred to the municipality without any further
25 consideration by or on behalf of the municipality at the
26 time of the completion of the municipal convention hall or

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1 upon the retirement or redemption of any bonds or other
2 debt instruments issued by the public-facilities
3 corporation in connection with the development of the
4 municipal convention hall. This exemption includes
5 existing public-facilities corporations as provided in
6 Section 11-65-25 of the Illinois Municipal Code. This
7 paragraph is exempt from the provisions of Section 2-70.
8 (42) Beginning January 1, 2017, menstrual pads,
9 tampons, and menstrual cups.
10 (43) Merchandise that is subject to the Rental Purchase
11 Agreement Occupation and Use Tax. The purchaser must
12 certify that the item is purchased to be rented subject to
13 a rental purchase agreement, as defined in the Rental
14 Purchase Agreement Act, and provide proof of registration
15 under the Rental Purchase Agreement Occupation and Use Tax
16 Act. This paragraph is exempt from the provisions of
17 Section 2-70.
18(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
19100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff.
201-1-18; revised 9-26-17.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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