Public Act 93-0024

SB842 Enrolled                       LRB093 02890 SJM 02906 b

    AN ACT concerning taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

                         ARTICLE 10

    Section  10-1.  Short title. This Article may be cited as
the Aircraft Use Tax Law.

    Section 10-10. Definition. For the purposes of this  Law,
"Department"  means the Department of Revenue of the State of
Illinois.

    Section 10-15. Tax imposed. A tax is  hereby  imposed  on
the  privilege  of  using,  in  this  State,  any aircraft as
defined in Section 3 of the Illinois Aeronautics Act acquired
by gift, transfer, or purchase after June 30, 2003. This  tax
does  not  apply  (i) if the use of the aircraft is otherwise
taxed under the Use Tax Act; (ii) if the aircraft  is  bought
and  used by a governmental agency or a society, association,
foundation, or institution organized and operated exclusively
for charitable, religious, or educational purposes; (iii)  if
the  use of the aircraft is not subject to the Use Tax Act by
reason of subsection (a), (b), (c), (d), or  (e)  of  Section
3-55  of  that  Act  dealing with the prevention of actual or
likely multistate taxation; or (iv) if the transfer is a gift
to a beneficiary in the administration of an estate  and  the
beneficiary  is  a surviving spouse. The rate of tax shall be
6.25% of the selling price for each purchase of aircraft that
qualifies under this Law. For purposes of calculating the tax
due under this Law when an aircraft is acquired  by  gift  or
transfer,  the  tax shall be imposed on the fair market value
of the aircraft on the date the aircraft is acquired  or  the
date  the  aircraft  is  brought into the State, whichever is
later. Tax shall be  imposed  on  the  selling  price  of  an
aircraft  acquired  through  purchase.  However,  the selling
price shall not be less than the fair  market  value  of  the
aircraft  on  the  date the aircraft is purchased or the date
the aircraft is brought into the State, whichever is later.

    Section 10-20. Returns.  The  purchaser,  transferee,  or
donee   shall   file   a  return  signed  by  the  purchaser,
transferee, or donee with the Department of Revenue on a form
prescribed  by  the  Department.  The  return  shall  contain
substantially  the  following  paragraph   and   such   other
information as the Department may reasonably require:

                        VERIFICATION
    I  declare  that  I have examined this return and, to the
best of my knowledge, it is true, correct,  and  complete.  I
understand  that  the  penalty  for  willfully filing a false
return shall be a fine not to exceed $1,000  or  imprisonment
in  a  penal  institution  other than the penitentiary not to
exceed one year, or both a fine and imprisonment.
          ...............      ......................
          Date                 Signature of purchaser,
                               transferee, or donee
    The return and payment from the purchaser, transferee, or
donee  shall be submitted to the Department  within  30  days
after  the  date  of purchase, donation, or other transfer or
the date the aircraft is brought into the State, whichever is
later. Payment of  tax  shall  be  a  condition  to  securing
registration of the aircraft from the Division of Aeronautics
of the Department of Transportation.
    When  a  purchaser,  transferee,  or  donee  pays the tax
imposed by Section 10-15 of this Law,  the  Department  (upon
request  therefor  from  the purchaser, transferee, or donee)
shall  issue  an  appropriate  receipt  to   the   purchaser,
transferee, or donee showing that he or she has paid such tax
to the Department. The receipt shall be sufficient to relieve
the  purchaser,  transferee,  or donee from further liability
for the tax to which the receipt may refer.

    Section 10-25. Filing false  or  incomplete  return.  Any
person required to file a return under this Law who willfully
files  a  false  or  incomplete return is guilty of a Class A
misdemeanor.

    Section 10-30. Determining selling price. For the purpose
of assisting in determining  the  validity  of  the  "selling
price"  reported  on  returns  filed with the Department, the
Department may furnish the following information  to  persons
with  whom  the Department has contracted for service related
to making that determination: the selling price stated on the
return; the aircraft identification  number;  the  year,  the
make,  and  the  model  name  or  number of the aircraft; the
purchase date; and the hours of operation.

    Section 10-35. Powers of Department. The Department shall
have full power  to  administer  and  enforce  this  Law;  to
collect  all taxes, penalties, and interest due hereunder; to
dispose of taxes, penalties, and interest so collected in the
manner hereinafter provided, and to determine all  rights  to
credit  memoranda  or  refunds  arising  on  account  of  the
erroneous  payment of tax, penalty, or interest hereunder. In
the administration of, and compliance  with,  this  Law,  the
Department and persons who are subject to this Law shall have
the  same  rights,  remedies, privileges, immunities, powers,
and  duties,  and  be  subject  to   the   same   conditions,
restrictions,  limitations,  penalties,  and  definitions  of
terms,  and  employ  the  same  modes  of  procedure,  as are
prescribed in the Use Tax Act, as now  or  hereafter  amended
(except  for  the  provisions of Section 3-70), which are not
inconsistent with this Law, as fully as if the provisions  of
the  Use  Tax  Act were set forth in this Law. In addition to
any other penalties imposed under law, any  person  convicted
of  violating the provisions of this Law, shall be assessed a
fine of $1,000.

    Section 10-40. Payments to Local Government  Distributive
Fund  and  General  Revenue  Fund.  The Department of Revenue
shall each month, upon collecting any taxes  as  provided  in
this  Law,  pay the money collected from the 1.25% portion of
the 6.25% rate into the Local Government Distributive Fund, a
special fund in the State treasury.  The remainder  shall  be
paid into the General Revenue Fund.

    Section  10-45.  Rules.  The  Department  shall  have the
authority to adopt such rules as are reasonable and necessary
to implement the provisions of this Law.

    Section 10-905.  The Retailers'  Occupation  Tax  Act  is
amended by changing Section 1c as follows:

    (35 ILCS 120/1c) (from Ch. 120, par. 440c)
    Sec.  1c.  A  person  who  is  engaged in the business of
leasing or renting motor vehicles or, beginning July 1, 2003,
aircraft to others and who, in connection with such  business
sells  any  used motor vehicle or aircraft to a purchaser for
his use and not for the purpose  of  resale,  is  a  retailer
engaged in the business of selling tangible personal property
at  retail  under  this Act to the extent of the value of the
vehicle or aircraft sold. For the  purpose  of  this  Section
"motor  vehicle"  has the meaning prescribed in Section 1-157
of the Illinois Vehicle Code, as now  or  hereafter  amended.
For  the  purpose  of this Section "aircraft" has the meaning
prescribed in Section 3  of  the  Illinois  Aeronautics  Act.
(Nothing  provided  herein  shall  affect  liability incurred
under this Act because of the sale at retail  of  such  motor
vehicles or aircraft to a lessor.)
(Source: P.A. 80-598.)

    Section  10-910.  The Illinois Aeronautics Act is amended
by changing Section 42 as follows:

    (620 ILCS 5/42) (from Ch. 15 1/2, par. 22.42)
    Sec. 42.  Regulation of aircraft, airmen, and airports.
    (a)  The general public interest and safety,  the  safety
of  persons  operating, using, or traveling in, aircraft, and
of persons and property on the ground, and  the  interest  of
aeronautical  progress  require that aircraft operated within
this  State  should  be  airworthy,  that  airmen  should  be
properly qualified, and that air navigation facilities should
be suitable for the purposes for  which  they  are  designed.
The  purposes  of this Act require that the Department should
be  enabled  to  exercise  the  powers  of   regulation   and
supervision   herein   granted.   The  advantage  of  uniform
regulation makes it desirable that aircraft  operated  within
this   State   should   conform   with   respect  to  design,
construction, and airworthiness to the  standards  prescribed
by  the  United  States  Government  with  respect  to  civil
aircraft   subject  to  its  jurisdiction  and  that  persons
engaging in aeronautics within this  State  should  have  the
qualifications    necessary   for   obtaining   and   holding
appropriate airman certificates of the United States.  It  is
desirable  and right that all applicable fees and taxes shall
be paid with respect to aircraft operated within this State.
    (b)  In light of the  findings  in  subsection  (a),  the
Department is authorized:
         (1)  To  require the registration, every 2 years, of
    federal  licenses,  certificates  or  permits  of   civil
    aircraft engaged in air navigation within this State, and
    of  airmen  engaged in aeronautics within this State, and
    to  issue  certificates  of  such   registration.   These
    certificates of registration constitute the authorization
    of  such  aircraft  and airmen for operations within this
    State to the extent permitted by  the  federal  licenses,
    certificates  or permits so registered. It shall charge a
    fee, payable every 2 years, for the registration of  each
    federal  license,  certificate  or permit of $10 for each
    airman's  certificate   and   $20   for   each   aircraft
    certificate.  It may accept as evidence of the holding of
    a federal license, certificate  or  permit  the  verified
    application  of  the airman or the owner of the aircraft,
    which application shall contain such information  as  the
    Department  may  by  rule,  ruling,  regulation, order or
    decision  prescribe.  The   Department's   authority   to
    register   aircraft   or   to   issue   certificates   of
    registration is limited as follows:
              (i)  Except   as   to   any   aircraft  vehicle
         purchased before March 8, 1963, the  Department,  in
         the  case  of the first registration of any aircraft
         vehicle for any given owner on  or  after  March  8,
         1963,  may  not  issue a certificate of registration
         with respect to any aircraft vehicle until after the
         Department has been satisfied that no tax under  the
         Use Tax Act, the Aircraft Use Tax Law, the Municipal
         Use  Tax Act, or the Home Rule County Use Tax Law is
         owing by  reason  of  the  use  of  the  vehicle  in
         Illinois or that any tax so imposed has been paid. A
         receipt issued under those Acts by the Department of
         Revenue constitutes proof of payment of the tax. For
         the  purpose  of  this paragraph, "aircraft vehicle"
         means a single aircraft.
              (ii)  If the proof of payment of the tax or  of
         nonliability  therefor is, after the issuance of the
         certificate of registration, found  to  be  invalid,
         the  Department  shall  revoke  the  certificate and
         require that the  certificate  be  returned  to  the
         Department.
         (2)  To classify and approve airports and restricted
    landing  areas and any alterations or extensions thereof.
    Certificates  of  approval  issued   pursuant   to   this
    paragraph,  or pursuant to any prior law, shall be issued
    in the name of the applicant and  shall  be  transferable
    upon  a  change of ownership or control of the airport or
    restricted  landing  area  only  after  approval  of  the
    Department. No charge or fee shall be made or imposed for
    any  kind  of  certificate  of  approval  or  a  transfer
    thereof.
         (3)  To  revoke,  temporarily  or  permanently,  any
    certificate of registration  of  an  aircraft  or  airman
    issued  by it, or to refuse to issue any such certificate
    of registration, when it shall reasonably determine  that
    any aircraft is not airworthy, or that any airman:
              (i)  is not qualified;
              (ii)  has  willfully  violated the laws of this
         State  pertaining  to  aeronautics  or  any   rules,
         rulings,  regulations,  orders,  or decisions issued
         pursuant thereto, or any Federal law or any rule  or
         regulation issued pursuant thereto;
              (iii)  is  addicted  to the use of narcotics or
         other habit forming drug, or to the excessive use of
         intoxicating liquor;
              (iv)  has  made  any  false  statement  in  any
         application for registration of a  federal  license,
         certificate or permit; or
              (v)  has been guilty of other conduct, acts, or
         practices  dangerous  to  the  public  safety or the
         safety of those engaged in aeronautics.
    (c)  The Department may refuse to issue  or  may  suspend
the  certificate of any person who fails to file a return, or
to pay the tax, penalty or interest shown in a filed  return,
or  to  pay any final assessment of tax, penalty or interest,
as required by any  tax  Act  administered  by  the  Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 92-341, eff. 8-10-01.)

                         ARTICLE 50

    Section  50-22.  The  Use  Tax Act is amended by changing
Sections 2a, 3-5, 3-7, and 3-85 as follows:

    (35 ILCS 105/2a) (from Ch. 120, par. 439.2a)
    Sec. 2a. "Pollution control facilities" means any system,
method, construction, device or appliance appurtenant thereto
sold  or  used  or  intended  for  the  primary  purpose   of
eliminating,  preventing, or reducing air and water pollution
as the term "air pollution" or "water pollution"  is  defined
in  the  "Environmental  Protection Act", enacted by the 76th
General Assembly, or for the  primary  purpose  of  treating,
pretreating,  modifying  or disposing of any potential solid,
liquid or gaseous pollutant which if  released  without  such
treatment,  pretreatment,  modification  or disposal might be
harmful, detrimental or offensive to human, plant  or  animal
life, or to property.
    Until July 1, 2003, the purchase, employment and transfer
of  such  tangible  personal  property  as  pollution control
facilities is  not  a  purchase,  use  or  sale  of  tangible
personal property.
(Source: P.A. 76-2447.)
    (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
    Sec.  3-5.   Exemptions.   Use  of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1)  Personal  property  purchased  from  a  corporation,
society,    association,    foundation,    institution,    or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or  older  if  the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2)  Personal  property  purchased  by  a  not-for-profit
Illinois  county  fair  association  for  use  in conducting,
operating, or promoting the county fair.
    (3)  Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof  required
by  the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the  presentation  or
support  of  arts  or  cultural  programming,  activities, or
services.  These organizations include, but are  not  limited
to,  music  and  dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and  cultural  service
organizations,    local    arts    councils,    visual   arts
organizations, and media arts organizations. On and after the
effective date of this amendatory Act  of  the  92nd  General
Assembly,  however,  an  entity  otherwise  eligible for this
exemption shall not make tax-free purchases unless it has  an
active identification number issued by the Department.
    (4)  Personal  property purchased by a governmental body,
by  a  corporation,  society,  association,  foundation,   or
institution    organized   and   operated   exclusively   for
charitable, religious,  or  educational  purposes,  or  by  a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability  company  may  qualify for the exemption under this
paragraph only if the limited liability company is  organized
and  operated  exclusively  for  educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active  exemption  identification  number   issued   by   the
Department.
    (5)  Until  July  1,  2003,  a  passenger  car  that is a
replacement vehicle to the extent that the purchase price  of
the car is subject to the Replacement Vehicle Tax.
    (6)  Until  July  1,  2003,  graphic  arts  machinery and
equipment, including repair and replacement parts,  both  new
and  used,  and including that manufactured on special order,
certified by the purchaser to be used primarily  for  graphic
arts   production,  and  including  machinery  and  equipment
purchased  for  lease.    Equipment  includes  chemicals   or
chemicals  acting  as  catalysts but only if the chemicals or
chemicals acting as catalysts effect a direct  and  immediate
change upon a graphic arts product.
    (7)  Farm chemicals.
    (8)  Legal  tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (9)  Personal property purchased from a teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (10)  A  motor  vehicle  of  the  first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to  provide  living
quarters  for  recreational,  camping,  or  travel  use, with
direct walk through to the living quarters from the  driver's
seat,  or  a  motor vehicle of the second division that is of
the van configuration designed for the transportation of  not
less  than  7  nor  more  than  16  passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used  for
automobile  renting,  as  defined  in  the Automobile Renting
Occupation and Use Tax Act.
    (11)  Farm machinery and equipment, both  new  and  used,
including  that  manufactured  on special order, certified by
the purchaser to be used primarily for production agriculture
or  State  or  federal   agricultural   programs,   including
individual replacement parts for the machinery and equipment,
including  machinery  and  equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm  machinery  and  agricultural
chemical  and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois  Vehicle
Code,  but  excluding  other  motor  vehicles  required to be
registered under the  Illinois  Vehicle  Code.  Horticultural
polyhouses  or  hoop houses used for propagating, growing, or
overwintering plants shall be considered farm  machinery  and
equipment  under this item (11). Agricultural chemical tender
tanks and dry boxes shall include units sold separately  from
a  motor  vehicle  required  to  be  licensed  and units sold
mounted on a motor vehicle required to  be  licensed  if  the
selling price of the tender is separately stated.
    Farm  machinery  and  equipment  shall  include precision
farming equipment  that  is  installed  or  purchased  to  be
installed  on farm machinery and equipment including, but not
limited  to,  tractors,   harvesters,   sprayers,   planters,
seeders,  or spreaders. Precision farming equipment includes,
but is not  limited  to,  soil  testing  sensors,  computers,
monitors,  software,  global positioning and mapping systems,
and other such equipment.
    Farm machinery and  equipment  also  includes  computers,
sensors,  software,  and  related equipment used primarily in
the computer-assisted  operation  of  production  agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited  to,  the  collection, monitoring, and correlation of
animal and crop data for the purpose  of  formulating  animal
diets  and  agricultural chemicals.  This item (11) is exempt
from the provisions of Section 3-90.
    (12)  Fuel and petroleum products sold to or used  by  an
air  common  carrier, certified by the carrier to be used for
consumption, shipment, or  storage  in  the  conduct  of  its
business  as an air common carrier, for a flight destined for
or returning from a location or locations outside the  United
States  without  regard  to  previous  or subsequent domestic
stopovers.
    (13)  Proceeds of mandatory  service  charges  separately
stated  on  customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the  service  charge  are  in
fact  turned  over as tips or as a substitute for tips to the
employees who participate  directly  in  preparing,  serving,
hosting  or  cleaning  up  the food or beverage function with
respect to which the service charge is imposed.
    (14)  Until  July  1,  2003,   oil   field   exploration,
drilling,  and  production  equipment, including (i) rigs and
parts of rigs, rotary rigs, cable  tool  rigs,  and  workover
rigs, (ii) pipe and tubular goods, including casing and drill
strings,  (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part  for  oil
field  exploration,  drilling,  and production equipment, and
(vi)  machinery  and  equipment  purchased  for  lease;   but
excluding  motor vehicles required to be registered under the
Illinois Vehicle Code.
    (15)  Photoprocessing machinery and equipment,  including
repair  and  replacement  parts, both new and used, including
that  manufactured  on  special  order,  certified   by   the
purchaser  to  be  used  primarily  for  photoprocessing, and
including photoprocessing machinery and  equipment  purchased
for lease.
    (16)  Until  July  1,  2003,  coal  exploration,  mining,
offhighway  hauling, processing, maintenance, and reclamation
equipment, including replacement  parts  and  equipment,  and
including  equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (17)  Until July  1,  2003,  distillation  machinery  and
equipment,  sold  as a unit or kit, assembled or installed by
the retailer, certified by the user to be used only  for  the
production of ethyl alcohol that will be used for consumption
as  motor  fuel  or  as  a  component  of  motor fuel for the
personal use of the user, and not subject to sale or resale.
    (18)  Manufacturing   and   assembling   machinery    and
equipment  used  primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the  manufacturer  or  by  some  other  person,  whether  the
materials used in the process are owned by  the  manufacturer
or  some  other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in  the
service  occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar  items  of  no  commercial
value on special order for a particular purchaser.
    (19)  Personal  property  delivered  to  a  purchaser  or
purchaser's donee inside Illinois when the purchase order for
that  personal  property  was  received  by a florist located
outside Illinois who has a florist  located  inside  Illinois
deliver the personal property.
    (20)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (21)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (22)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or  treatment  of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the  time  the  lessor  would
otherwise  be  subject  to  the tax imposed by this Act, to a
hospital  that  has  been  issued  an  active  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation  Tax  Act.   If  the  equipment  is
leased  in  a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the  lessor  shall
be  liable  for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based  on  the  fair  market
value  of  the  property  at  the time the non-qualifying use
occurs.  No lessor shall collect or  attempt  to  collect  an
amount  (however  designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by  the
lessor.  If a lessor improperly collects any such amount from
the  lessee,  the  lessee shall have a legal right to claim a
refund of that amount from the  lessor.   If,  however,  that
amount  is  not  refunded  to  the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (23)  Personal property purchased by a lessor who  leases
the  property,  under a lease of  one year or longer executed
or in effect at  the  time  the  lessor  would  otherwise  be
subject  to  the  tax  imposed by this Act, to a governmental
body that has been  issued  an  active  sales  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is  leased
in  a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor  shall  be  liable
for  the  tax  imposed  under this Act or the Service Use Tax
Act, as the case may be, based on the fair  market  value  of
the  property  at the time the non-qualifying use occurs.  No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that  lessor  for  the
tax  imposed  by  this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor.   If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount  from  the  lessor.   If,  however, that amount is not
refunded to the lessee for any reason, the lessor  is  liable
to pay that amount to the Department.
    (24)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is donated
for disaster relief to  be  used  in  a  State  or  federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer  or retailer that is registered in this State to
a   corporation,   society,   association,   foundation,   or
institution that  has  been  issued  a  sales  tax  exemption
identification  number by the Department that assists victims
of the disaster who reside within the declared disaster area.
    (25)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is  used  in
the  performance  of  infrastructure  repairs  in this State,
including but not limited to  municipal  roads  and  streets,
access  roads,  bridges,  sidewalks,  waste disposal systems,
water and  sewer  line  extensions,  water  distribution  and
purification  facilities,  storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located in the declared disaster area within 6  months  after
the disaster.
    (26)  Beginning   July   1,  1999,  game  or  game  birds
purchased at a "game breeding and hunting preserve  area"  or
an  "exotic game hunting area" as those terms are used in the
Wildlife Code or at  a  hunting  enclosure  approved  through
rules  adopted  by the Department of Natural Resources.  This
paragraph is exempt from the provisions of Section 3-90.
    (27)  A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
corporation, limited liability company, society, association,
foundation,   or   institution  that  is  determined  by  the
Department to  be  organized  and  operated  exclusively  for
educational  purposes.    For  purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational  purposes"  means  all  tax-supported  public
schools, private schools that offer systematic instruction in
useful  branches  of  learning  by  methods  common to public
schools  and  that  compare  favorably  in  their  scope  and
intensity with the course of study presented in tax-supported
schools, and vocational or technical  schools  or  institutes
organized  and  operated  exclusively  to provide a course of
study of not less than  6  weeks  duration  and  designed  to
prepare  individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial,  business,  or  commercial
occupation.
    (28)  Beginning  January  1,  2000,   personal  property,
including  food, purchased through fundraising events for the
benefit of  a  public  or  private  elementary  or  secondary
school,  a  group  of  those  schools,  or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of  volunteers
and  includes  parents  and  teachers of the school children.
This paragraph does not apply to fundraising events  (i)  for
the benefit of private home instruction or (ii) for which the
fundraising  entity  purchases  the personal property sold at
the events from another individual or entity  that  sold  the
property  for the purpose of resale by the fundraising entity
and that profits from the sale  to  the  fundraising  entity.
This paragraph is exempt from the provisions of Section 3-90.
    (29)  Beginning  January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages,  including  coffee,  soup,  and
other  items,  and  replacement  parts  for  these  machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and  parts  for  machines  used  in commercial, coin-operated
amusement and vending business if a use or occupation tax  is
paid  on  the  gross  receipts  derived  from  the use of the
commercial, coin-operated  amusement  and  vending  machines.
This paragraph is exempt from the provisions of Section 3-90.
    (30)  Food  for  human consumption that is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks, and food that has been prepared for
immediate consumption) and prescription  and  nonprescription
medicines,  drugs,  medical  appliances,  and  insulin, urine
testing materials, syringes, and needles used  by  diabetics,
for  human  use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term  care  facility,  as
defined in the Nursing Home Care Act.
    (31)  Beginning  on the effective date of this amendatory
Act   of   the   92nd   General   Assembly,   computers   and
communications equipment utilized for  any  hospital  purpose
and  equipment  used in the diagnosis, analysis, or treatment
of hospital patients purchased by a  lessor  who  leases  the
equipment, under a lease of one year or longer executed or in
effect  at  the time the lessor would otherwise be subject to
the tax imposed by this Act, to  a  hospital  that  has  been
issued  an  active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation  Tax
Act.   If  the  equipment is leased in a manner that does not
qualify for this exemption or is used in any other  nonexempt
manner,  the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act,  as  the  case  may  be,
based  on  the  fair market value of the property at the time
the nonqualifying use occurs.  No  lessor  shall  collect  or
attempt  to  collect  an  amount  (however  designated)  that
purports to reimburse that lessor for the tax imposed by this
Act  or  the  Service Use Tax Act, as the case may be, if the
tax has not been paid by the lessor.  If a lessor  improperly
collects  any  such  amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from  the
lessor.   If,  however,  that  amount  is not refunded to the
lessee for any reason, the  lessor  is  liable  to  pay  that
amount  to  the Department. This paragraph is exempt from the
provisions of Section 3-90.
    (32)  Beginning on the effective date of this  amendatory
Act of the 92nd General Assembly, personal property purchased
by  a  lessor  who  leases the property, under a lease of one
year or longer executed or in effect at the time  the  lessor
would otherwise be subject to the tax imposed by this Act, to
a  governmental body that has been issued an active sales tax
exemption  identification  number  by  the  Department  under
Section 1g of the Retailers'  Occupation  Tax  Act.   If  the
property is leased in a manner that does not qualify for this
exemption  or  used in any other nonexempt manner, the lessor
shall be liable for the tax imposed under  this  Act  or  the
Service  Use  Tax  Act, as the case may be, based on the fair
market value of the property at the  time  the  nonqualifying
use occurs.  No lessor shall collect or attempt to collect an
amount  (however  designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by  the
lessor.  If a lessor improperly collects any such amount from
the  lessee,  the  lessee shall have a legal right to claim a
refund of that amount from the  lessor.   If,  however,  that
amount  is  not  refunded  to  the lessee for any reason, the
lessor is liable to pay that amount to the Department.   This
paragraph is exempt from the provisions of Section 3-90.
(Source:  P.A.  91-51,  eff.  6-30-99;  91-200, eff. 7-20-99;
91-439, eff.  8-6-99;  91-637,  eff.  8-20-99;  91-644,  eff.
8-20-99;  91-901,  eff.  1-1-01;  92-35, eff. 7-1-01; 92-227,
eff. 8-2-01; 92-337,  eff.  8-10-01;  92-484,  eff.  8-23-01;
92-651, eff. 7-11-02.)

    (35 ILCS 105/3-7)
    Sec.  3-7.  Aggregate  manufacturing  exemption.  Through
June  30,  2003  December  31,  2007,  the  use  of aggregate
exploration,   mining,   offhighway   hauling,    processing,
maintenance, and reclamation equipment, including replacement
parts  and  equipment,  and including equipment purchased for
lease, but excluding motor vehicles required to be registered
under the Illinois Vehicle  Code,  is  exempt  from  the  tax
imposed by this Act.
(Source: P.A. 92-603, eff. 6-28-02.)

    (35 ILCS 105/3-85)
    Sec.  3-85. Manufacturer's Purchase Credit. For purchases
of machinery and equipment made on and after January 1,  1995
and  through  June  30,  2003,  a  purchaser of manufacturing
machinery and equipment  that  qualifies  for  the  exemption
provided by paragraph (18) of Section 3-5 of this Act earns a



credit  in  an  amount equal to a fixed percentage of the tax
which would have  been  incurred  under  this  Act  on  those
purchases.  For  purchases  of  graphic  arts  machinery  and
equipment  made on or after July 1, 1996 and through June 30,
2003, a purchaser of graphic  arts  machinery  and  equipment
that qualifies for the exemption provided by paragraph (6) of
Section  3-5 of this Act earns a credit in an amount equal to
a fixed percentage of the tax that would have  been  incurred
under  this  Act  on  those  purchases. The credit earned for
purchases of manufacturing machinery and equipment or graphic
arts machinery and equipment shall  be  referred  to  as  the
Manufacturer's  Purchase Credit. A graphic arts producer is a
person engaged in  graphic  arts  production  as  defined  in
Section 2-30 of the Retailers' Occupation Tax Act.  Beginning
July 1, 1996, all references in this Section to manufacturers
or  manufacturing  shall  also  be deemed to refer to graphic
arts producers or graphic arts production.
    The amount of credit shall be a  percentage  of  the  tax
that   would   have   been   incurred   on  the  purchase  of
manufacturing  machinery  and  equipment  or   graphic   arts
machinery   and  equipment  if  the  exemptions  provided  by
paragraph (6) or paragraph (18) of Section 3-5  of  this  Act
had not been applicable. The percentage shall be as follows:
         (1)  15%  for  purchases  made on or before June 30,
    1995.
         (2)  25% for purchases made after June 30, 1995, and
    on or before June 30, 1996.
         (3)  40% for purchases made after June 30, 1996, and
    on or before June 30, 1997.
         (4)  50% for purchases made  on  or  after  July  1,
    1997.
    A  purchaser  of  production  related  tangible  personal
property  desiring  to use the Manufacturer's Purchase Credit
shall certify to the seller prior to October 1, 2003 that the
purchaser is satisfying all or part of  the  liability  under
the Use Tax Act or the Service Use Tax Act that is due on the
purchase of the production related tangible personal property
by  use of Manufacturer's Purchase Credit. The Manufacturer's
Purchase Credit certification must be dated and shall include
the name  and  address  of  the  purchaser,  the  purchaser's
registration number, if registered, the credit being applied,
and  a  statement  that  the State Use Tax or Service Use Tax
liability is  being  satisfied  with  the  manufacturer's  or
graphic   arts   producer's   accumulated   purchase  credit.
Certification may be incorporated into the manufacturer's  or
graphic   arts   producer's  purchase  order.  Manufacturer's
Purchase Credit certification provided by the manufacturer or
graphic arts producer prior to October 1, 2003 may be used to
satisfy the retailer's or serviceman's  liability  under  the
Retailers'  Occupation  Tax Act or Service Occupation Tax Act
for the credit claimed, not to exceed 6.25% of  the  receipts
subject  to  tax  from a qualifying purchase, but only if the
retailer or serviceman reports  the  Manufacturer's  Purchase
Credit   claimed   as   required   by   the   Department.   A
Manufacturer's Purchase Credit reported on  any  original  or
amended  return  filed  under this Act after October 20, 2003
shall be  disallowed.   The  Manufacturer's  Purchase  Credit
earned  by  purchase  of  exempt  manufacturing machinery and
equipment or  graphic  arts  machinery  and  equipment  is  a
non-transferable  credit.  A  manufacturer  or  graphic  arts
producer   that   enters   into   a  contract  involving  the
installation of tangible personal property into  real  estate
within  a  manufacturing  or graphic arts production facility
may, prior to  October  1,  2003,  authorize  a  construction
contractor  to utilize credit accumulated by the manufacturer
or graphic arts producer to purchase  the  tangible  personal
property.  A  manufacturer or graphic arts producer intending
to use accumulated credit to purchase such tangible  personal
property  shall  execute  a  written contract authorizing the
contractor to utilize a specified dollar  amount  of  credit.
The  contractor  shall furnish, prior to October 1, 2003, the
supplier with the manufacturer's or graphic  arts  producer's
name,  registration  or resale number, and a statement that a
specific amount of the Use Tax or Service Use Tax  liability,
not  to exceed 6.25% of the selling price, is being satisfied
with the credit. The manufacturer or  graphic  arts  producer
shall remain liable to timely report all information required
by  the  annual Report of Manufacturer's Purchase Credit Used
for all credit utilized by a construction contractor.
    The Manufacturer's Purchase Credit may be used to satisfy
liability under the Use Tax Act or the Service  Use  Tax  Act
due  on  the purchase of production related tangible personal
property (including purchases by a manufacturer, by a graphic
arts producer, or by a lessor who rents or leases the use  of
the property to a manufacturer or graphic arts producer) that
does  not  otherwise  qualify for the manufacturing machinery
and equipment exemption or the  graphic  arts  machinery  and
equipment  exemption.  "Production  related tangible personal
property" means (i) all tangible personal  property  used  or
consumed  by  the  purchaser  in  a manufacturing facility in
which a manufacturing process described in  Section  2-45  of
the  Retailers'  Occupation  Tax  Act  takes place, including
tangible personal property purchased for  incorporation  into
real  estate  within  a manufacturing facility and including,
but not  limited  to,  tangible  personal  property  used  or
consumed   in   activities  such  as  preproduction  material
handling,  receiving,  quality  control,  inventory  control,
storage,   staging,   and   packaging   for   shipping    and
transportation  purposes; (ii) all tangible personal property
used or consumed by the purchaser in a graphic arts  facility
in which graphic arts production as described in Section 2-30
of  the  Retailers' Occupation Tax Act takes place, including
tangible personal property purchased for  incorporation  into
real estate within a graphic arts facility and including, but
not  limited  to,  all  tangible  personal  property  used or
consumed in activities such as graphic  arts  preliminary  or
pre-press   production,   pre-production  material  handling,
receiving,  quality  control,  inventory  control,   storage,
staging,  sorting,  labeling,  mailing,  tying, wrapping, and
packaging; and (iii)  all tangible personal property used  or
consumed  by  the  purchaser  for  research  and development.
"Production related  tangible  personal  property"  does  not
include  (i)  tangible  personal  property  used,  within  or
without  a  manufacturing  facility,  in  sales,  purchasing,
accounting,    fiscal    management,   marketing,   personnel
recruitment or selection, or  landscaping  or  (ii)  tangible
personal  property required to be titled or registered with a
department, agency, or  unit  of  federal,  state,  or  local
government.   The Manufacturer's Purchase Credit may be used,
prior to October 1, 2003, to satisfy the tax  arising  either
from  the  purchase  of  machinery  and equipment on or after
January 1, 1995 for which the exemption provided by paragraph
(18) of Section 3-5 of this Act was erroneously  claimed,  or
the  purchase  of machinery and equipment on or after July 1,
1996 for which the exemption provided  by  paragraph  (6)  of
Section  3-5  of this Act was erroneously claimed, but not in
satisfaction of penalty, if any, and interest for failure  to
pay  the  tax  when  due.  A  purchaser of production related
tangible personal property who is required  to  pay  Illinois
Use  Tax  or  Service Use Tax on the purchase directly to the
Department  may,  prior  to  October  1,  2003,  utilize  the
Manufacturer's Purchase Credit in  satisfaction  of  the  tax
arising  from  that  purchase,  but  not  in  satisfaction of
penalty and interest. A purchaser who uses the Manufacturer's
Purchase  Credit  to  purchase  property   which   is   later
determined  not  to  be  production related tangible personal
property may be liable for tax, penalty, and interest on  the
purchase  of  that  property  as  of the date of purchase but
shall  be  entitled  to  use  the  disallowed  Manufacturer's
Purchase Credit, so long as it has not expired  and  is  used
prior   to  October  1,  2003,  on  qualifying  purchases  of
production related tangible personal property not  previously
subject  to  credit usage. The Manufacturer's Purchase Credit
earned by a manufacturer or graphic arts producer expires the
last day of the second calendar year following  the  calendar
year  in  which the credit arose.  No Manufacturer's Purchase
Credit may be used after September  30,  2003  regardless  of
when that credit was earned.
    A  purchaser earning Manufacturer's Purchase Credit shall
sign and file an annual  Report  of  Manufacturer's  Purchase
Credit  Earned  for each calendar year no later than the last
day of the sixth month following the calendar year in which a
Manufacturer's  Purchase  Credit  is  earned.   A  Report  of
Manufacturer's Purchase Credit Earned shall be filed on forms
as prescribed or approved by the Department and shall  state,
for  each  month of the calendar year: (i) the total purchase
price of all purchases of  exempt  manufacturing  or  graphic
arts machinery on which the credit was earned; (ii) the total
State Use Tax or Service Use Tax which would have been due on
those  items;  (iii)  the  percentage  used  to calculate the
amount of credit earned; (iv) the amount  of  credit  earned;
and   (v)  such  other  information  as  the  Department  may
reasonably  require.   A  purchaser  earning   Manufacturer's
Purchase  Credit shall maintain records which identify, as to
each purchase of manufacturing or graphic arts machinery  and
equipment   on  which  the  purchaser  earned  Manufacturer's
Purchase Credit, the vendor (including, if applicable, either
the  vendor's  registration  number   or   Federal   Employer
Identification Number), the purchase price, and the amount of
Manufacturer's Purchase Credit earned on each purchase.
    A  purchaser  using  Manufacturer's Purchase Credit shall
sign and file an annual  Report  of  Manufacturer's  Purchase
Credit Used for each calendar year no later than the last day
of  the  sixth  month  following the calendar year in which a
Manufacturer's  Purchase  Credit  is  used.   A   Report   of
Manufacturer's  Purchase  Credit Used shall be filed on forms
as prescribed or approved by the Department and shall  state,
for  each month of the calendar year:  (i) the total purchase
price  of  production  related  tangible  personal   property
purchased  from  Illinois  suppliers; (ii) the total purchase
price  of  production  related  tangible  personal   property
purchased from out-of-state suppliers; (iii) the total amount
of  credit  used  during  such  month;  and  (iv)  such other
information as the  Department  may  reasonably  require.   A
purchaser using Manufacturer's Purchase Credit shall maintain
records  that  identify,  as  to  each purchase of production
related tangible personal property  on  which  the  purchaser
used  Manufacturer's  Purchase Credit, the vendor (including,
if applicable, either the  vendor's  registration  number  or
Federal  Employer Identification Number), the purchase price,
and the amount of Manufacturer's Purchase Credit used on each
purchase.
    No annual report shall be filed before  May  1,  1996  or
after June 30, 2004. A purchaser that fails to file an annual
Report  of Manufacturer's Purchase Credit Earned or an annual
Report of Manufacturer's Purchase Credit Used by the last day
of the sixth month following the end  of  the  calendar  year
shall  forfeit  all  Manufacturer's  Purchase Credit for that
calendar year unless it establishes that its failure to  file
was  due  to reasonable cause. Manufacturer's Purchase Credit
reports  may  be  amended  to  report  and  claim  credit  on
qualifying purchases not  previously  reported  at  any  time
before  the  credit  would  have  expired,  unless  both  the
Department  and  the purchaser have agreed to an extension of
the statute of limitations for the issuance of  a  notice  of
tax  liability  as  provided  in  Section 4 of the Retailers'
Occupation Tax Act. If the time for assessment or refund  has
been  extended,  then amended reports for a calendar year may
be filed at any time prior to the date to which  the  statute
of  limitations  for the calendar year or portion thereof has
been extended. No Manufacturer's Purchase Credit report filed
with the Department for periods  prior  to  January  1,  1995
shall  be approved. Manufacturer's Purchase Credit claimed on
an amended report may be used,  until  October  1,  2003,  to
satisfy  tax  liability  under the Use Tax Act or the Service
Use Tax Act (i) on qualifying purchases of production related
tangible personal property made after the  date  the  amended
report  is  filed  or  (ii)  assessed  by  the  Department on
qualifying purchases of production related tangible  personal
property  made  in  the  case  of  manufacturers  on or after
January 1, 1995, or in the case of graphic arts producers  on
or after July 1, 1996.
    If  the  purchaser  is  not the manufacturer or a graphic
arts producer, but rents or leases the use of the property to
a manufacturer or graphic arts producer,  the  purchaser  may
earn,  report,  and use Manufacturer's Purchase Credit in the
same manner as a manufacturer or graphic arts producer.
    A purchaser shall not be entitled to  any  Manufacturer's
Purchase  Credit  for  a  purchase  that  is  required  to be
reported and is not  timely  reported  as  provided  in  this
Section.  A purchaser remains liable for (i) any tax that was
satisfied  by  use of a Manufacturer's Purchase Credit, as of
the date of purchase, if that use is not timely  reported  as
required   in  this  Section  and  (ii)  for  any  applicable
penalties and interest for failing to pay the tax  when  due.
No Manufacturer's Purchase Credit may be used after September
30, 2003 to satisfy any tax liability imposed under this Act,
including any audit liability.
(Source:  P.A.  88-547,  eff.  6-30-94;  89-89, eff. 6-30-95;
89-235, eff. 8-4-95; 89-531, eff. 7-19-96.)

    Section 50-23.  The Service Use Tax  Act  is  amended  by
changing Sections 2, 2a, 3-5, 3-7, and 3-70 as follows:

    (35 ILCS 110/2) (from Ch. 120, par. 439.32)
    Sec.  2.  "Use"  means  the exercise by any person of any
right or power over tangible personal  property  incident  to
the ownership of that property, but does not include the sale
or  use for demonstration by him of that property in any form
as tangible  personal  property  in  the  regular  course  of
business.  "Use"  does  not  mean the interim use of tangible
personal property nor the physical incorporation of  tangible
personal  property,  as  an  ingredient  or constituent, into
other tangible personal property, (a) which is  sold  in  the
regular   course   of   business  or  (b)  which  the  person
incorporating such  ingredient  or  constituent  therein  has
undertaken  at  the  time  of  such  purchase  to cause to be
transported in interstate commerce  to  destinations  outside
the State of Illinois.
    "Purchased  from  a  serviceman" means the acquisition of
the ownership of, or title  to,  tangible  personal  property
through a sale of service.
    "Purchaser"  means  any  person  who,  through  a sale of
service, acquires the ownership of, or title to, any tangible
personal property.
    "Cost  price"  means  the  consideration  paid   by   the
serviceman  for  a  purchase valued in money, whether paid in
money or otherwise, including cash, credits and services, and
shall be determined without any deduction on account  of  the
supplier's  cost  of  the  property sold or on account of any
other expense incurred by the  supplier.  When  a  serviceman
contracts  out  part  or  all of the services required in his
sale of service, it shall be presumed that the cost price  to
the  serviceman  of the property transferred to him or her by
his  or  her  subcontractor  is   equal   to   50%   of   the
subcontractor's  charges  to the serviceman in the absence of
proof of the consideration paid by the subcontractor for  the
purchase of such property.
    "Selling price" means the consideration for a sale valued
in  money  whether  received in money or otherwise, including
cash, credits and service, and shall  be  determined  without
any  deduction  on  account  of  the serviceman's cost of the
property sold, the cost of materials used, labor  or  service
cost  or  any  other expense whatsoever, but does not include
interest or finance charges which appear as separate items on
the bill of sale or sales contract nor charges that are added
to prices by sellers on  account  of  the  seller's  duty  to
collect,  from the purchaser, the tax that is imposed by this
Act.
    "Department" means the Department of Revenue.
    "Person" means any natural individual, firm, partnership,
association, joint stock company, joint  venture,  public  or
private  corporation,  limited  liability  company,  and  any
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
    "Sale of service" means any transaction except:
         (1)  a  retail  sale  of  tangible personal property
    taxable under the Retailers' Occupation Tax Act or  under
    the Use Tax Act.
         (2)  a  sale  of  tangible personal property for the
    purpose of resale made in compliance with Section  2c  of
    the Retailers' Occupation Tax Act.
         (3)  except  as  hereinafter  provided,  a  sale  or
    transfer  of tangible personal property as an incident to
    the rendering of service for or by any governmental body,
    or for  or  by  any  corporation,  society,  association,
    foundation   or   institution   organized   and  operated
    exclusively  for  charitable,  religious  or  educational
    purposes  or  any  not-for-profit  corporation,  society,
    association,  foundation,  institution  or   organization
    which  has no compensated officers or employees and which
    is organized and operated primarily for the recreation of
    persons 55 years of age or  older.  A  limited  liability
    company   may   qualify  for  the  exemption  under  this
    paragraph  only  if  the  limited  liability  company  is
    organized  and  operated  exclusively   for   educational
    purposes.
         (4)  a   sale   or  transfer  of  tangible  personal
    property as an incident to the rendering of  service  for
    interstate  carriers  for  hire  for use as rolling stock
    moving in interstate commerce or by lessors under a lease
    of one year or longer, executed or in effect at the  time
    of  purchase of personal property, to interstate carriers
    for hire for use as rolling stock  moving  in  interstate
    commerce  so  long as so used by such interstate carriers
    for hire, and equipment operated by a  telecommunications
    provider,  licensed  as  a  common carrier by the Federal
    Communications Commission, which is permanently installed
    in or affixed to aircraft moving in interstate commerce.
         (4a)  a  sale  or  transfer  of  tangible   personal
    property  as  an incident to the rendering of service for
    owners,  lessors,  or  shippers  of   tangible   personal
    property  which  is  utilized  by interstate carriers for
    hire for  use  as  rolling  stock  moving  in  interstate
    commerce  so  long  as so used by interstate carriers for
    hire, and  equipment  operated  by  a  telecommunications
    provider,  licensed  as  a  common carrier by the Federal
    Communications Commission, which is permanently installed
    in or affixed to aircraft moving in interstate commerce.
         (5)  a sale or transfer of machinery  and  equipment
    used  primarily  in  the  process of the manufacturing or
    assembling, either in an existing, an expanded or  a  new
    manufacturing facility, of tangible personal property for
    wholesale  or  retail sale or lease, whether such sale or
    lease is made directly by the  manufacturer  or  by  some
    other  person,  whether the materials used in the process
    are owned by the manufacturer or some  other  person,  or
    whether  such  sale  or lease is made apart from or as an
    incident to the seller's engaging in a service occupation
    and the applicable tax is a Service Use  Tax  or  Service
    Occupation   Tax,  rather  than  Use  Tax  or  Retailers'
    Occupation Tax.
         (5a)  the repairing, reconditioning  or  remodeling,
    for  a  common  carrier  by  rail,  of  tangible personal
    property which belongs to such carrier for hire,  and  as
    to which such carrier receives the physical possession of
    the repaired, reconditioned or remodeled item of tangible
    personal  property  in  Illinois,  and which such carrier
    transports, or shares with another common carrier in  the
    transportation  of  such  property,  out of Illinois on a
    standard uniform bill of lading showing  the  person  who
    repaired,  reconditioned  or  remodeled the property to a
    destination outside Illinois, for use outside Illinois.
         (5b)  a  sale  or  transfer  of  tangible   personal
    property  which  is  produced  by  the  seller thereof on
    special  order  in  such  a  way  as  to  have  made  the
    applicable tax the Service Occupation Tax or the  Service
    Use Tax, rather than the Retailers' Occupation Tax or the
    Use Tax, for an interstate carrier by rail which receives
    the physical possession of such property in Illinois, and
    which  transports  such  property, or shares with another
    common carrier in the transportation  of  such  property,
    out  of  Illinois  on  a  standard uniform bill of lading
    showing the seller of the  property  as  the  shipper  or
    consignor  of  such  property  to  a  destination outside
    Illinois, for use outside Illinois.
         (6)  until July 1,  2003,  a  sale  or  transfer  of
    distillation  machinery  and equipment, sold as a unit or
    kit and assembled or installed  by  the  retailer,  which
    machinery  and  equipment  is certified by the user to be
    used only for the production of ethyl alcohol  that  will
    be  used  for consumption as motor fuel or as a component
    of motor fuel for the personal use of such user  and  not
    subject to sale or resale.
         (7)  at  the election of any serviceman not required
    to be otherwise registered as a retailer under Section 2a
    of the Retailers'  Occupation  Tax  Act,  made  for  each
    fiscal  year  sales  of  service  in  which the aggregate
    annual  cost  price   of   tangible   personal   property
    transferred  as  an  incident  to the sales of service is
    less  than  35%,  or  75%  in  the  case  of   servicemen
    transferring  prescription drugs or servicemen engaged in
    graphic arts production, of the  aggregate  annual  total
    gross receipts from all sales of service. The purchase of
    such  tangible  personal property by the serviceman shall
    be subject to tax under the Retailers' Occupation Tax Act
    and the Use Tax Act. However, if a primary serviceman who
    has  made  the  election  described  in  this   paragraph
    subcontracts  service  work to a secondary serviceman who
    has also made the election described in  this  paragraph,
    the primary serviceman does not incur a Use Tax liability
    if  the secondary serviceman (i) has paid or will pay Use
    Tax on his or her cost price  of  any  tangible  personal
    property  transferred  to the primary serviceman and (ii)
    certifies that fact in writing to the primary serviceman.
    Tangible personal property transferred  incident  to  the
completion  of a maintenance agreement is exempt from the tax
imposed pursuant to this Act.
    Exemption (5) also includes machinery and equipment  used
in the general maintenance or repair of such exempt machinery
and equipment or for in-house manufacture of exempt machinery
and  equipment.  For  the  purposes of exemption (5), each of
these  terms  shall  have  the   following   meanings:    (1)
"manufacturing  process"  shall  mean  the  production of any
article of tangible personal property, whether  such  article
is a finished product or an article for use in the process of
manufacturing  or  assembling a different article of tangible
personal  property,  by  procedures  commonly   regarded   as
manufacturing,  processing,  fabricating,  or  refining which
changes some existing material or materials into  a  material
with  a  different  form,  use  or  name.   In  relation to a
recognized  integrated  business  composed  of  a  series  of
operations which collectively  constitute  manufacturing,  or
individually   constitute   manufacturing   operations,   the
manufacturing  process  shall  be deemed to commence with the
first operation or stage of production  in  the  series,  and
shall  not be deemed to end until the completion of the final
product in the last operation or stage of production  in  the
series;   and   further,   for  purposes  of  exemption  (5),
photoprocessing is deemed to be a  manufacturing  process  of
tangible  personal property for wholesale or retail sale; (2)
"assembling process" shall mean the production of any article
of tangible personal property,  whether  such  article  is  a
finished  product  or  an  article  for use in the process of
manufacturing or assembling a different article  of  tangible
personal  property,  by the combination of existing materials
in a manner commonly regarded as assembling which results  in
a  material of a different form, use or name; (3) "machinery"
shall mean major mechanical machines or major  components  of
such  machines  contributing to a manufacturing or assembling
process; and (4) "equipment" shall  include  any  independent
device  or  tool separate from any machinery but essential to
an integrated manufacturing or  assembly  process;  including
computers   used   primarily  in  a  manufacturer's  computer
assisted design, computer  assisted  manufacturing  (CAD/CAM)
system;  or any subunit or assembly comprising a component of
any machinery or auxiliary, adjunct or  attachment  parts  of
machinery,  such as tools, dies, jigs, fixtures, patterns and
molds; or any parts which require periodic replacement in the
course of normal operation; but shall not include hand tools.
Equipment includes chemicals or chemicals acting as catalysts
but only if the chemicals or chemicals  acting  as  catalysts
effect  a  direct  and  immediate change upon a product being
manufactured or assembled for wholesale  or  retail  sale  or
lease.  The purchaser of such machinery and equipment who has
an active  resale  registration  number  shall  furnish  such
number  to  the  seller  at the time of purchase. The user of
such machinery and equipment  and  tools  without  an  active
resale  registration  number  shall  prepare a certificate of
exemption for each transaction stating facts establishing the
exemption for that transaction, which  certificate  shall  be
available  to  the  Department  for inspection or audit.  The
Department shall prescribe the form of the certificate.
    Any informal rulings, opinions or letters issued  by  the
Department  in  response  to  an  inquiry  or request for any
opinion  from  any  person   regarding   the   coverage   and
applicability  of  exemption (5) to specific devices shall be
published, maintained as a public record, and made  available
for  public  inspection and copying.  If the informal ruling,
opinion  or  letter   contains   trade   secrets   or   other
confidential information, where possible the Department shall
delete  such information prior to publication.  Whenever such
informal rulings, opinions, or letters contain any policy  of
general  applicability,  the  Department  shall formulate and
adopt such policy as a rule in accordance with the provisions
of the Illinois Administrative Procedure Act.
    On and after July 1, 1987, no entity  otherwise  eligible
under  exemption  (3)  of  this  Section  shall make tax free
purchases unless it has an  active  exemption  identification
number issued by the Department.
    The  purchase,  employment  and transfer of such tangible
personal property  as  newsprint  and  ink  for  the  primary
purpose of conveying news (with or without other information)
is  not  a  purchase,  use  or sale of service or of tangible
personal property within the meaning of this Act.
    "Serviceman" means any  person  who  is  engaged  in  the
occupation of making sales of service.
    "Sale at retail" means "sale at retail" as defined in the
Retailers' Occupation Tax Act.
    "Supplier"  means  any person who makes sales of tangible
personal property to servicemen for the purpose of resale  as
an incident to a sale of service.
    "Serviceman  maintaining  a  place  of  business  in this
State", or any like term, means and includes any serviceman:
         1.  having  or  maintaining   within   this   State,
    directly  or  by  a  subsidiary,  an office, distribution
    house, sales house, warehouse or other place of business,
    or any agent or  other  representative  operating  within
    this  State  under the authority of the serviceman or its
    subsidiary,  irrespective  of  whether  such   place   of
    business or agent or other representative is located here
    permanently or temporarily, or whether such serviceman or
    subsidiary is licensed to do business in this State;
         2.  soliciting orders for tangible personal property
    by  means  of  a telecommunication or television shopping
    system  (which  utilizes  toll  free  numbers)  which  is
    intended  by  the  retailer  to  be  broadcast  by  cable
    television or other means of broadcasting,  to  consumers
    located in this State;
         3.  pursuant  to  a  contract  with a broadcaster or
    publisher located in this State,  soliciting  orders  for
    tangible  personal property by means of advertising which
    is disseminated primarily to consumers  located  in  this
    State and only secondarily to bordering jurisdictions;
         4.  soliciting orders for tangible personal property
    by   mail   if  the  solicitations  are  substantial  and
    recurring and if the retailer benefits from any  banking,
    financing,   debt   collection,   telecommunication,   or
    marketing  activities occurring in this State or benefits
    from  the  location   in   this   State   of   authorized
    installation, servicing, or repair facilities;
         5.  being  owned or controlled by the same interests
    which own or control any retailer engaging in business in
    the same or similar line of business in this State;
         6.  having a franchisee or licensee operating  under
    its  trade name if the franchisee or licensee is required
    to collect the tax under this Section;
         7.  pursuant to a contract with a  cable  television
    operator  located  in  this  State, soliciting orders for
    tangible personal property by means of advertising  which
    is  transmitted  or  distributed  over a cable television
    system in this State; or
         8.  engaging  in  activities  in   Illinois,   which
    activities  in  the  state  in  which the supply business
    engaging in such activities is located  would  constitute
    maintaining a place of business in that state.
(Source: P.A. 91-51, eff. 6-30-99; 92-484, eff. 8-23-01.)

    (35 ILCS 110/2a) (from Ch. 120, par. 439.32a)
    Sec. 2a. "Pollution control facilities" means any system,
method, construction, device or appliance appurtenant thereto
used in this State acquired as an incident to the purchase of
a  service  from  a  serviceman  for  the  primary purpose of
eliminating, preventing, or reducing air and water  pollution
as  the  term "air pollution" or "water pollution" is defined
in the "Environmental Protection Act", enacted  by  the  76th
General  Assembly,  or  for  the primary purpose of treating,
pretreating, modifying or disposing of any  potential  solid,
liquid  or  gaseous  pollutant which if released without such
treatment, pretreatment, modification or  disposal  might  be
harmful,  detrimental  or offensive to human, plant or animal
life, or to property.
    Until July 1, 2003, the purchase, employment or  transfer
of  such  tangible  personal  property  as  pollution control
facilities is not a purchase, use or sale of  service  or  of
tangible personal property within the meaning of this Act.
(Source: P.A. 76-2248.)

    (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
    Sec.  3-5.   Exemptions.   Use  of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1)  Personal  property  purchased  from  a  corporation,
society,    association,    foundation,    institution,    or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or  older  if  the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2)  Personal property purchased by a non-profit Illinois
county  fair association for use in conducting, operating, or
promoting the county fair.
    (3)  Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof  required
by  the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the  presentation  or
support  of  arts  or  cultural  programming,  activities, or
services.  These organizations include, but are  not  limited
to,  music  and  dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and  cultural  service
organizations,    local    arts    councils,    visual   arts
organizations, and media arts organizations. On and after the
effective date of this amendatory Act  of  the  92nd  General
Assembly,  however,  an  entity  otherwise  eligible for this
exemption shall not make tax-free purchases unless it has  an
active identification number issued by the Department.
    (4)  Legal  tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (5)  Until July  1,  2003,  graphic  arts  machinery  and
equipment,  including  repair and replacement parts, both new
and used, and including that manufactured on special order or
purchased for lease, certified by the purchaser  to  be  used
primarily  for  graphic  arts  production. Equipment includes
chemicals or chemicals acting as catalysts but  only  if  the
chemicals  or  chemicals  acting as catalysts effect a direct
and immediate change upon a graphic arts product.
    (6)  Personal property purchased from a teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (7)  Farm  machinery  and  equipment,  both new and used,
including that manufactured on special  order,  certified  by
the purchaser to be used primarily for production agriculture
or   State   or   federal  agricultural  programs,  including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased  for  lease,  and
including implements of husbandry defined in Section 1-130 of
the  Illinois  Vehicle  Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons  required
to  be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding  other  motor  vehicles  required  to  be
registered  under  the  Illinois  Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating,  growing,  or
overwintering  plants  shall be considered farm machinery and
equipment under this item (7). Agricultural  chemical  tender
tanks  and dry boxes shall include units sold separately from
a motor vehicle  required  to  be  licensed  and  units  sold
mounted  on  a  motor  vehicle required to be licensed if the
selling price of the tender is separately stated.
    Farm machinery  and  equipment  shall  include  precision
farming  equipment  that  is  installed  or  purchased  to be
installed on farm machinery and equipment including, but  not
limited   to,   tractors,   harvesters,  sprayers,  planters,
seeders, or spreaders. Precision farming equipment  includes,
but  is  not  limited  to,  soil  testing sensors, computers,
monitors, software, global positioning and  mapping  systems,
and other such equipment.
    Farm  machinery  and  equipment  also includes computers,
sensors, software, and related equipment  used  primarily  in
the  computer-assisted  operation  of  production agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited to, the collection, monitoring,  and  correlation  of
animal  and  crop  data for the purpose of formulating animal
diets and agricultural chemicals.  This item  (7)  is  exempt
from the provisions of Section 3-75.
    (8)  Fuel  and  petroleum  products sold to or used by an
air common carrier, certified by the carrier to be  used  for
consumption,  shipment,  or  storage  in  the  conduct of its
business as an air common carrier, for a flight destined  for
or  returning from a location or locations outside the United
States without regard  to  previous  or  subsequent  domestic
stopovers.
    (9)  Proceeds  of  mandatory  service  charges separately
stated on customers' bills for the purchase  and  consumption
of food and beverages acquired as an incident to the purchase
of  a  service  from  a  serviceman,  to  the extent that the
proceeds of the service charge are in  fact  turned  over  as
tips  or  as  a  substitute  for  tips  to  the employees who
participate  directly  in  preparing,  serving,  hosting   or
cleaning  up  the  food  or beverage function with respect to
which the service charge is imposed.
    (10)  Until  July  1,  2003,   oil   field   exploration,
drilling,  and  production  equipment, including (i) rigs and
parts of rigs, rotary rigs, cable  tool  rigs,  and  workover
rigs, (ii) pipe and tubular goods, including casing and drill
strings,  (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part  for  oil
field  exploration,  drilling,  and production equipment, and
(vi)  machinery  and  equipment  purchased  for  lease;   but
excluding  motor vehicles required to be registered under the
Illinois Vehicle Code.
    (11)  Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement  parts,  both
new  and  used, including that manufactured on special order,
certified  by  the  purchaser  to  be  used   primarily   for
photoprocessing,  and including photoprocessing machinery and
equipment purchased for lease.
    (12)  Until  July  1,  2003,  coal  exploration,  mining,
offhighway hauling, processing, maintenance, and  reclamation
equipment,  including  replacement  parts  and equipment, and
including equipment purchased for lease, but excluding  motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (13)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (14)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (15)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or  treatment  of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the  time  the  lessor  would
otherwise  be  subject  to  the tax imposed by this Act, to a
hospital  that  has  been  issued  an  active  tax  exemption
identification number by the Department under Section  1g  of
the Retailers' Occupation Tax Act. If the equipment is leased
in  a  manner  that does not qualify for this exemption or is
used in any other non-exempt  manner,  the  lessor  shall  be
liable for the tax imposed under this Act or the Use Tax Act,
as  the  case  may  be, based on the fair market value of the
property at the  time  the  non-qualifying  use  occurs.   No
lessor shall collect or attempt to collect an amount (however
designated)  that  purports  to reimburse that lessor for the
tax imposed by this Act or the Use Tax Act, as the  case  may
be,  if the tax has not been paid by the lessor.  If a lessor
improperly collects any such  amount  from  the  lessee,  the
lessee  shall  have  a  legal right to claim a refund of that
amount from the lessor.  If,  however,  that  amount  is  not
refunded  to  the lessee for any reason, the lessor is liable
to pay that amount to the Department.
    (16)  Personal property purchased by a lessor who  leases
the property, under a lease of one year or longer executed or
in  effect  at the time the lessor would otherwise be subject
to the tax imposed by this Act, to a governmental  body  that
has been issued an active tax exemption identification number
by   the  Department  under  Section  1g  of  the  Retailers'
Occupation Tax Act.  If the property is leased  in  a  manner
that  does  not  qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable  for  the
tax  imposed  under  this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs.  No lessor shall  collect
or  attempt  to  collect  an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if  the  tax  has
not been paid by the lessor.  If a lessor improperly collects
any  such  amount  from  the  lessee, the lessee shall have a
legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to  the  lessee  for
any  reason,  the  lessor is liable to pay that amount to the
Department.
    (17)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that  is  donated
for  disaster  relief  to  be  used  in  a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State  to
a   corporation,   society,   association,   foundation,   or
institution  that  has  been  issued  a  sales  tax exemption
identification number by the Department that assists  victims
of the disaster who reside within the declared disaster area.
    (18)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is used in
the performance of  infrastructure  repairs  in  this  State,
including  but  not  limited  to municipal roads and streets,
access roads, bridges,  sidewalks,  waste  disposal  systems,
water  and  sewer  line  extensions,  water  distribution and
purification facilities, storm water drainage  and  retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located  in  the declared disaster area within 6 months after
the disaster.
    (19)  Beginning  July  1,  1999,  game  or   game   birds
purchased  at  a "game breeding and hunting preserve area" or
an "exotic game hunting area" as those terms are used in  the
Wildlife  Code  or  at  a  hunting enclosure approved through
rules adopted by the Department of Natural  Resources.   This
paragraph is exempt from the provisions of Section 3-75.
    (20)  A motor vehicle, as that term is defined in Section
1-146  of  the  Illinois  Vehicle  Code, that is donated to a
corporation, limited liability company, society, association,
foundation,  or  institution  that  is  determined   by   the
Department  to  be  organized  and  operated  exclusively for
educational purposes.  For purposes  of  this  exemption,  "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for  educational  purposes"  means  all  tax-supported public
schools, private schools that offer systematic instruction in
useful branches of  learning  by  methods  common  to  public
schools  and  that  compare  favorably  in  their  scope  and
intensity with the course of study presented in tax-supported
schools,  and  vocational  or technical schools or institutes
organized and operated exclusively to  provide  a  course  of
study  of  not  less  than  6  weeks duration and designed to
prepare individuals to follow a trade or to pursue a  manual,
technical,  mechanical,  industrial,  business, or commercial
occupation.
    (21)  Beginning  January  1,  2000,   personal  property,
including food, purchased through fundraising events for  the
benefit  of  a  public  or  private  elementary  or secondary
school, a group of those  schools,  or  one  or  more  school
districts if the events are sponsored by an entity recognized
by  the school district that consists primarily of volunteers
and includes parents and teachers  of  the  school  children.
This  paragraph  does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal  property  sold  at
the  events  from  another individual or entity that sold the
property for the purpose of resale by the fundraising  entity
and  that  profits  from  the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-75.
    (22)  Beginning January 1, 2000 and through December  31,
2001, new or used automatic vending machines that prepare and
serve  hot  food  and  beverages, including coffee, soup, and
other  items,  and  replacement  parts  for  these  machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for  machines  used  in  commercial,  coin-operated
amusement  and vending business if a use or occupation tax is
paid on the gross  receipts  derived  from  the  use  of  the
commercial,  coin-operated  amusement  and  vending machines.
This paragraph is exempt from the provisions of Section 3-75.
    (23)  Food for human consumption that is to  be  consumed
off  the  premises  where  it  is  sold (other than alcoholic
beverages, soft drinks, and food that has been  prepared  for
immediate  consumption)  and prescription and nonprescription
medicines, drugs,  medical  appliances,  and  insulin,  urine
testing  materials,  syringes, and needles used by diabetics,
for human use, when purchased for use by a  person  receiving
medical assistance under Article 5 of the Illinois Public Aid
Code  who  resides  in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
    (24)    Beginning  on  the   effective   date   of   this
amendatory  Act  of  the 92nd General Assembly, computers and
communications equipment utilized for  any  hospital  purpose
and  equipment  used in the diagnosis, analysis, or treatment
of hospital patients purchased by a  lessor  who  leases  the
equipment, under a lease of one year or longer executed or in
effect  at  the time the lessor would otherwise be subject to
the tax imposed by this Act, to  a  hospital  that  has  been
issued  an  active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation  Tax
Act.   If  the  equipment is leased in a manner that does not
qualify for this exemption or is used in any other  nonexempt
manner,  the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair  market  value  of  the  property  at   the   time   the
nonqualifying  use occurs. No lessor shall collect or attempt
to collect an amount (however designated)  that  purports  to
reimburse  that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid
by the lessor.  If a  lessor  improperly  collects  any  such
amount  from  the lessee, the lessee shall have a legal right
to claim a refund  of  that  amount  from  the  lessor.   If,
however,  that  amount  is not refunded to the lessee for any
reason, the lessor is  liable  to  pay  that  amount  to  the
Department.  This  paragraph is exempt from the provisions of
Section 3-75.
    (25)  Beginning on the effective date of this  amendatory
Act of the 92nd General Assembly, personal property purchased
by  a  lessor  who  leases the property, under a lease of one
year or longer executed or in effect at the time  the  lessor
would otherwise be subject to the tax imposed by this Act, to
a  governmental  body  that  has  been  issued  an active tax
exemption  identification  number  by  the  Department  under
Section 1g of the Retailers'  Occupation  Tax  Act.   If  the
property is leased in a manner that does not qualify for this
exemption  or  is  used  in  any  other nonexempt manner, the
lessor shall be liable for the tax imposed under this Act  or
the Use Tax Act, as the case may be, based on the fair market
value  of  the  property  at  the  time the nonqualifying use
occurs.  No lessor shall collect or  attempt  to  collect  an
amount  (however  designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the  lessor.
If  a  lessor  improperly  collects  any such amount from the
lessee, the lessee shall have a legal right to claim a refund
of that amount from the lessor.  If, however, that amount  is
not  refunded  to  the  lessee  for any reason, the lessor is
liable to pay that amount to the Department.  This  paragraph
is exempt from the provisions of Section 3-75.
(Source:  P.A.  91-51,  eff.  6-30-99;  91-200, eff. 7-20-99;
91-439, eff.  8-6-99;  91-637,  eff.  8-20-99;  91-644,  eff.
8-20-99;  92-16,  eff.  6-28-01;  92-35, eff. 7-1-01; 92-227,
eff. 8-2-01; 92-337,  eff.  8-10-01;  92-484,  eff.  8-23-01;
92-651, eff. 7-11-02.)

    (35 ILCS 110/3-7)
    Sec.  3-7.  Aggregate  manufacturing  exemption.  Through
June  30,  2003  December  31,  2007,  the  use  of aggregate
exploration,   mining,   offhighway   hauling,    processing,
maintenance, and reclamation equipment, including replacement
parts  and  equipment, and including equipment purchased  for
lease, but excluding motor vehicles required to be registered
under the Illinois Vehicle  Code,  is  exempt  from  the  tax
imposed by this Act.
(Source: P.A. 92-603, eff. 6-28-02.)

    (35 ILCS 110/3-70)
    Sec. 3-70.  Manufacturer's Purchase Credit. For purchases
of  machinery and equipment made on and after January 1, 1995
and through June  30,  2003,  a  purchaser  of  manufacturing
machinery  and  equipment  that  qualifies  for the exemption
provided by Section 2 of this Act earns a credit in an amount
equal to a fixed percentage of the tax which would have  been
incurred  under this Act on those purchases. For purchases of
graphic arts machinery and equipment made on or after July 1,
1996 and through June 30, 2003, a purchase  of  graphic  arts
machinery  and  equipment  that  qualifies  for the exemption
provided by paragraph (5) of Section 3-5 of this Act earns  a
credit  in  an  amount equal to a fixed percentage of the tax
that would  have  been  incurred  under  this  Act  on  those
purchases.   The   credit   earned   for   the   purchase  of
manufacturing  machinery  and  equipment  and  graphic   arts
machinery   and   equipment  shall  be  referred  to  as  the
Manufacturer's Purchase Credit. A graphic arts producer is  a
person  engaged  in  graphic  arts  production  as defined in
Section 3-30 of the Service Occupation  Tax  Act.   Beginning
July 1, 1996, all references in this Section to manufacturers
or  manufacturing  shall also refer to graphic arts producers
or graphic arts production.
    The amount of credit shall be a  percentage  of  the  tax
that  would  have  been  incurred  on  the  purchase  of  the
manufacturing   machinery   and  equipment  or  graphic  arts
machinery and equipment if the exemptions provided by Section
2 or paragraph (5) of Section 3-5 of this Act  had  not  been
applicable.
    All  purchases  prior to October 1, 2003 of manufacturing
machinery  and  equipment  and  graphic  arts  machinery  and
equipment  that  qualify  for  the  exemptions  provided   by
paragraph (5) of Section 2 or paragraph (5) of Section 3-5 of
this Act qualify for the credit without regard to whether the
serviceman  elected,  or  could have elected, under paragraph
(7) of Section 2 of this Act to exclude the transaction  from
this  Act.   If  the  serviceman's  billing  to  the  service
customer  separately  states  a  selling price for the exempt
manufacturing machinery or equipment or  the  exempt  graphic
arts machinery and equipment, the credit shall be calculated,
as  otherwise  provided  herein, based on that selling price.
If the serviceman's  billing  does  not  separately  state  a
selling  price  for  the  exempt  manufacturing machinery and
equipment or the exempt graphic arts machinery and equipment,
the credit shall be calculated, as otherwise provided herein,
based on 50%  of  the  entire  billing.   If  the  serviceman
contracts  to  design,  develop,  and  produce  special order
manufacturing  machinery  and  equipment  or  special   order
graphic  arts  machinery  and equipment, and the billing does
not separately state a selling price for such  special  order
machinery  and  equipment, the credit shall be calculated, as
otherwise  provided  herein,  based  on  50%  of  the  entire
billing.  The provisions of this paragraph are effective  for
purchases made on or after January 1, 1995.
    The percentage shall be as follows:
         (1)  15%  for  purchases  made on or before June 30,
    1995.
         (2)  25% for purchases made after June 30, 1995, and
    on or before June 30, 1996.
         (3)  40% for purchases made after June 30, 1996, and
    on or before June 30, 1997.
         (4)  50% for purchases made  on  or  after  July  1,
    1997.
    A  purchaser  of  production  related  tangible  personal
property  desiring  to use the Manufacturer's Purchase Credit
shall certify to the seller prior to October 1, 2003 that the
purchaser is satisfying all or part of  the  liability  under
the Use Tax Act or the Service Use Tax Act that is due on the
purchase of the production related tangible personal property
by   use   of   a   Manufacturer's   Purchase   Credit.   The
Manufacturer's  Purchase  Credit  certification must be dated
and shall include the name and address of the purchaser,  the
purchaser's  registration  number,  if registered, the credit
being applied, and a statement that  the  State  Use  Tax  or
Service  Use  Tax  liability  is  being  satisfied  with  the
manufacturer's   or   graphic   arts  producer's  accumulated
purchase credit. Certification may be incorporated  into  the
manufacturer's  or  graphic  arts  producer's purchase order.
Manufacturer's Purchase Credit certification provided by  the
manufacturer  or  graphic  arts  producer prior to October 1,
2003 may be used to satisfy the  retailer's  or  serviceman's
liability  under the Retailers' Occupation Tax Act or Service
Occupation Tax Act for the  credit  claimed,  not  to  exceed
6.25%  of  the  receipts  subject  to  tax  from a qualifying
purchase, but only if the retailer or serviceman reports  the
Manufacturer's  Purchase  Credit  claimed  as required by the
Department.  A Manufacturer's Purchase Credit reported on any
original or amended return filed under this Act after October
20, 2003 shall be disallowed.   The  Manufacturer's  Purchase
Credit  earned  by purchase of exempt manufacturing machinery
and equipment or graphic arts machinery and  equipment  is  a
non-transferable  credit.   A  manufacturer  or  graphic arts
producer  that  enters  into   a   contract   involving   the
installation  of  tangible personal property into real estate
within a manufacturing or graphic arts  production  facility,
prior  to  October  1,  2003,  may  authorize  a construction
contractor to utilize credit accumulated by the  manufacturer
or  graphic  arts  producer to purchase the tangible personal
property.  A manufacturer or graphic arts producer  intending
to  use accumulated credit to purchase such tangible personal
property shall execute a  written  contract  authorizing  the
contractor  to  utilize  a specified dollar amount of credit.
The contractor shall furnish, prior to October 1,  2003,  the
supplier  with  the manufacturer's or graphic arts producer's
name, registration or resale number, and a statement  that  a
specific  amount of the Use Tax or Service Use Tax liability,
not to exceed 6.25% of the selling price, is being  satisfied
with  the  credit.  The manufacturer or graphic arts producer
shall remain liable to timely report all information required
by the annual Report of Manufacturer's Purchase  Credit  Used
for credit utilized by a construction contractor.
    The Manufacturer's Purchase Credit may be used to satisfy
liability  under  the  Use Tax Act or the Service Use Tax Act
due on the purchase of production related  tangible  personal
property (including purchases by a manufacturer, by a graphic
arts producer, or a lessor who rents or leases the use of the
property  to  a  manufacturer  or graphic arts producer) that
does not otherwise qualify for  the  manufacturing  machinery
and  equipment  exemption  or  the graphic arts machinery and
equipment exemption.  "Production related  tangible  personal
property"  means  (i)  all tangible personal property used or
consumed by the purchaser  in  a  manufacturing  facility  in
which  a  manufacturing  process described in Section 2-45 of
the Retailers' Occupation  Tax  Act  takes  place,  including
tangible  personal  property purchased for incorporation into
real estate within a manufacturing  facility  and  including,
but  not  limited  to,  tangible  personal  property  used or
consumed  in  activities  such  as  pre-production   material
handling,  receiving,  quality  control,  inventory  control,
storage,    staging,   and   packaging   for   shipping   and
transportation purposes; (ii) all tangible personal  property
used  or consumed by the purchaser in a graphic arts facility
in which graphic arts production as described in Section 2-30
of the Retailers' Occupation Tax Act takes  place,  including
tangible  personal  property purchased for incorporation into
real estate within a graphic arts facility and including, but
not limited  to,  all  tangible  personal  property  used  or
consumed  in  activities  such as graphic arts preliminary or
pre-press  production,   pre-production  material   handling,
receiving,   quality  control,  inventory  control,  storage,
staging, sorting, labeling,  mailing,  tying,  wrapping,  and
packaging;  and  (iii) all tangible personal property used or
consumed by  the  purchaser  for  research  and  development.
"Production  related  tangible  personal  property"  does not
include  (i)  tangible  personal  property  used,  within  or
without a manufacturing or graphic arts facility,  in  sales,
purchasing,   accounting,   fiscal   management,   marketing,
personnel  recruitment  or  selection, or landscaping or (ii)
tangible  personal  property  required  to   be   titled   or
registered  with  a  department,  agency, or unit of federal,
state, or  local  government.   The  Manufacturer's  Purchase
Credit  may be used, prior to October 1, 2003, to satisfy the
tax  arising  either  from  the  purchase  of  machinery  and
equipment  on  or  after  January  1,  1995  for  which   the
manufacturing  machinery  and equipment exemption provided by
Section 2  of  this  Act  was  erroneously  claimed,  or  the
purchase  of machinery and equipment on or after July 1, 1996
for which the exemption provided by paragraph (5) of  Section
3-5   of  this  Act  was  erroneously  claimed,  but  not  in
satisfaction of penalty, if any, and interest for failure  to
pay  the  tax  when  due.   A purchaser of production related
tangible personal property who is required  to  pay  Illinois
Use  Tax  or  Service Use Tax on the purchase directly to the
Department  may,  prior  to  October  1,  2003,  utilize  the
Manufacturer's Purchase Credit in  satisfaction  of  the  tax
arising  from  that  purchase,  but  not  in  satisfaction of
penalty and interest. A purchaser who uses the Manufacturer's
Purchase  Credit  to  purchase  property   which   is   later
determined  not  to  be  production related tangible personal
property may be liable for tax, penalty, and interest on  the
purchase  of  that  property  as  of the date of purchase but
shall  be  entitled  to  use  the  disallowed  Manufacturer's
Purchase Credit, so long as it has not expired  and  is  used
prior   to  October  1,  2003,  on  qualifying  purchases  of
production related tangible personal property not  previously
subject  to  credit usage. The Manufacturer's Purchase Credit
earned by a manufacturer or graphic arts producer expires the
last day of the second calendar year following  the  calendar
year  in  which the credit arose.  No Manufacturer's Purchase
Credit may be used after September  30,  2003  regardless  of
when that credit was earned.
    A  purchaser earning Manufacturer's Purchase Credit shall
sign and file an annual  Report  of  Manufacturer's  Purchase
Credit  Earned  for each calendar year no later than the last
day of the sixth month following the calendar year in which a
Manufacturer's  Purchase  Credit  is  earned.   A  Report  of
Manufacturer's Purchase Credit Earned shall be filed on forms
as prescribed or approved by the Department and shall  state,
for  each  month of the calendar year: (i) the total purchase
price of all purchases of  exempt  manufacturing  or  graphic
arts machinery on which the credit was earned; (ii) the total
State Use Tax or Service Use Tax which would have been due on
those  items;  (iii)  the  percentage  used  to calculate the
amount of credit earned; (iv) the amount  of  credit  earned;
and   (v)  such  other  information  as  the  Department  may
reasonably  require.   A  purchaser  earning   Manufacturer's
Purchase  Credit shall maintain records which identify, as to
each purchase of manufacturing or graphic arts machinery  and
equipment   on  which  the  purchaser  earned  Manufacturer's
Purchase Credit, the vendor (including, if applicable, either
the  vendor's  registration  number   or   Federal   Employer
Identification Number), the purchase price, and the amount of
Manufacturer's Purchase Credit earned on each purchase.
    A  purchaser  using  Manufacturer's Purchase Credit shall
sign and file an annual  Report  of  Manufacturer's  Purchase
Credit Used for each calendar year no later than the last day
of  the  sixth  month  following the calendar year in which a
Manufacturer's  Purchase  Credit  is  used.   A   Report   of
Manufacturer's  Purchase  Credit Used shall be filed on forms
as prescribed or approved by the Department and shall  state,
for  each month of the calendar year:  (i) the total purchase
price  of  production  related  tangible  personal   property
purchased  from  Illinois  suppliers; (ii) the total purchase
price  of  production  related  tangible  personal   property
purchased from out-of-state suppliers; (iii) the total amount
of  credit  used  during  such  month;  and  (iv)  such other
information as the  Department  may  reasonably  require.   A
purchaser using Manufacturer's Purchase Credit shall maintain
records  that  identify,  as  to  each purchase of production
related tangible personal property  on  which  the  purchaser
used  Manufacturer's  Purchase Credit, the vendor (including,
if applicable, either the  vendor's  registration  number  or
Federal  Employer Identification Number), the purchase price,
and the amount of Manufacturer's Purchase Credit used on each
purchase.
    No annual report shall be filed before  May  1,  1996  or
after June 30, 2004. A purchaser that fails to file an annual
Report  of Manufacturer's Purchase Credit Earned or an annual
Report of Manufacturer's Purchase Credit Used by the last day
of the sixth month following the end  of  the  calendar  year
shall  forfeit  all  Manufacturer's  Purchase Credit for that
calendar year unless it establishes that its failure to  file
was  due  to reasonable cause. Manufacturer's Purchase Credit
reports  may  be  amended  to  report  and  claim  credit  on
qualifying purchases not  previously  reported  at  any  time
before  the  credit  would  have  expired,  unless  both  the
Department  and  the purchaser have agreed to an extension of
the statute of limitations for the issuance of  a  notice  of
tax  liability  as  provided  in  Section 4 of the Retailers'
Occupation Tax Act. If the time for assessment or refund  has
been  extended,  then amended reports for a calendar year may
be filed at any time prior to the date to which  the  statute
of  limitations  for the calendar year or portion thereof has
been extended. No Manufacturer's Purchase Credit report filed
with the Department for periods  prior  to  January  1,  1995
shall  be approved. Manufacturer's Purchase Credit claimed on
an amended report may be used, prior to October 1,  2003,  to
satisfy  tax  liability  under the Use Tax Act or the Service
Use Tax Act (i) on qualifying purchases of production related
tangible personal property made after the  date  the  amended
report  is  filed  or  (ii)  assessed  by  the  Department on
qualifying purchases of production related tangible  personal
property  made  in  the  case  of  manufacturers  on or after
January 1, 1995, or in the case of graphic arts producers  on
or after July 1, 1996.
    If  the  purchaser  is  not the manufacturer or a graphic
arts producer, but rents or leases the use of the property to
a manufacturer or a graphic arts producer, the purchaser  may
earn,  report,  and use Manufacturer's Purchase Credit in the
same manner as a manufacturer or graphic arts producer.
    A purchaser shall not be entitled to  any  Manufacturer's
Purchase  Credit  for  a  purchase  that  is  required  to be
reported and is not  timely  reported  as  provided  in  this
Section.  A purchaser remains liable for (i) any tax that was
satisfied  by  use of a Manufacturer's Purchase Credit, as of
the date of purchase, if that use is not timely  reported  as
required   in  this  Section  and  (ii)  for  any  applicable
penalties and interest for failing to pay the tax  when  due.
No Manufacturer's Purchase Credit may be used after September
30, 2003 to satisfy any tax liability imposed under this Act,
including any audit liability.
(Source:  P.A.  89-89,  eff.  6-30-95;  89-235,  eff. 8-4-95;
89-531, eff. 7-19-96; 90-166, eff. 7-23-97.)

    Section 50-24.  The Service Occupation Tax Act is amended
by changing Sections 2, 2a, 3-5, 3-7, and 9 as follows:

    (35 ILCS 115/2) (from Ch. 120, par. 439.102)
    Sec. 2. "Transfer" means any transfer  of  the  title  to
property  or  of the ownership of property whether or not the
transferor retains title  as  security  for  the  payment  of
amounts due him from the transferee.
    "Cost   Price"   means  the  consideration  paid  by  the
serviceman for a purchase valued in money,  whether  paid  in
money or otherwise, including cash, credits and services, and
shall  be  determined without any deduction on account of the
supplier's cost of the property sold or  on  account  of  any
other  expense  incurred  by  the supplier. When a serviceman
contracts out part or all of the  services  required  in  his
sale  of service, it shall be presumed that the cost price to
the serviceman of the property transferred to him by  his  or
her  subcontractor  is  equal  to  50% of the subcontractor's
charges to the serviceman in the  absence  of  proof  of  the
consideration  paid  by the subcontractor for the purchase of
such property.
    "Department" means the Department of Revenue.
    "Person" means any natural individual, firm, partnership,
association, joint stock company, joint  venture,  public  or
private  corporation,  limited  liability  company,  and  any
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
    "Sale of Service" means any transaction except:
    (a)  A  retail sale of tangible personal property taxable
under the Retailers' Occupation Tax Act or under the Use  Tax
Act.
    (b)  A sale of tangible personal property for the purpose
of   resale  made  in  compliance  with  Section  2c  of  the
Retailers' Occupation Tax Act.
    (c)  Except as hereinafter provided, a sale  or  transfer
of tangible personal property as an incident to the rendering
of  service  for or by any governmental body or for or by any
corporation, society, association, foundation or  institution
organized  and operated exclusively for charitable, religious
or educational purposes or  any  not-for-profit  corporation,
society, association, foundation, institution or organization
which  has  no compensated officers or employees and which is
organized  and  operated  primarily  for  the  recreation  of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this  paragraph  only  if
the  limited  liability  company  is  organized  and operated
exclusively for educational purposes.
    (d)  A sale or transfer of tangible personal property  as
an  incident  to  the  rendering  of  service  for interstate
carriers  for  hire  for  use  as  rolling  stock  moving  in
interstate commerce or lessors under leases of  one  year  or
longer,  executed  or  in  effect at the time of purchase, to
interstate carriers for hire for use as rolling stock  moving
in   interstate   commerce,   and  equipment  operated  by  a
telecommunications provider, licensed as a common carrier  by
the  Federal  Communications Commission, which is permanently
installed in or affixed  to  aircraft  moving  in  interstate
commerce.
    (d-1)  A  sale  or transfer of tangible personal property
as an incident  to  the  rendering  of  service  for  owners,
lessors  or  shippers  of tangible personal property which is
utilized by interstate carriers for hire for use  as  rolling
stock  moving  in interstate commerce, and equipment operated
by  a  telecommunications  provider,  licensed  as  a  common
carrier by the Federal Communications  Commission,  which  is
permanently  installed  in  or  affixed to aircraft moving in
interstate commerce.
    (d-2)  The repairing, reconditioning or remodeling, for a
common carrier by rail, of tangible personal  property  which
belongs  to  such  carrier  for  hire,  and  as to which such
carrier receives the physical  possession  of  the  repaired,
reconditioned or remodeled item of tangible personal property
in  Illinois,  and  which  such carrier transports, or shares
with another common carrier in  the  transportation  of  such
property,  out  of  Illinois  on  a  standard uniform bill of
lading showing the  person  who  repaired,  reconditioned  or
remodeled  the  property  as the shipper or consignor of such
property to a destination outside Illinois, for  use  outside
Illinois.
    (d-3)  A  sale  or transfer of tangible personal property
which is produced by the seller thereof on special  order  in
such  a  way  as  to have made the applicable tax the Service
Occupation Tax or  the  Service  Use  Tax,  rather  than  the
Retailers'  Occupation  Tax or the Use Tax, for an interstate
carrier by rail which receives  the  physical  possession  of
such   property   in  Illinois,  and  which  transports  such
property, or  shares  with  another  common  carrier  in  the
transportation  of  such  property,  out  of  Illinois  on  a
standard  uniform  bill  of  lading showing the seller of the
property as the shipper or consignor of such  property  to  a
destination outside Illinois, for use outside Illinois.
    (d-4)  Until  January  1,  1997,  a sale, by a registered
serviceman paying tax under this Act to  the  Department,  of
special  order  printed  materials delivered outside Illinois
and which are not returned to this State, if delivery is made
by the seller or agent of the seller, including an agent  who
causes  the  product  to  be  delivered outside Illinois by a
common carrier or the U.S. postal service.
    (e)  A sale or transfer of machinery and  equipment  used
primarily  in the process of the manufacturing or assembling,
either in an existing, an expanded  or  a  new  manufacturing
facility,  of  tangible  personal  property  for wholesale or
retail sale or lease, whether such  sale  or  lease  is  made
directly by the manufacturer or by some other person, whether
the   materials   used  in  the  process  are  owned  by  the
manufacturer or some other person, or whether  such  sale  or
lease  is  made  apart from or as an incident to the seller's
engaging in a service occupation and the applicable tax is  a
Service  Occupation  Tax  or  Service  Use  Tax,  rather than
Retailers' Occupation Tax or Use Tax.
    (f)  Until  July  1,  2003,  the  sale  or  transfer   of
distillation  machinery  and equipment, sold as a unit or kit
and assembled or installed by the retailer,  which  machinery
and  equipment  is  certified by the user to be used only for
the production  of  ethyl  alcohol  that  will  be  used  for
consumption as motor fuel or as a component of motor fuel for
the  personal  use  of  such  user and not subject to sale or
resale.
    (g)  At the election of any serviceman not required to be
otherwise registered as a retailer under Section  2a  of  the
Retailers'  Occupation  Tax  Act,  made  for each fiscal year
sales of service in which the aggregate annual cost price  of
tangible  personal property transferred as an incident to the
sales of service is  less  than  35%  (75%  in  the  case  of
servicemen  transferring  prescription  drugs  or  servicemen
engaged  in  graphic arts production) of the aggregate annual
total gross receipts from all sales of service. The  purchase
of such tangible personal property by the serviceman shall be
subject  to  tax  under the Retailers' Occupation Tax Act and
the Use Tax Act. However, if a  primary  serviceman  who  has
made  the  election  described in this paragraph subcontracts
service work to a secondary serviceman who has also made  the
election  described in this paragraph, the primary serviceman
does  not  incur  a  Use  Tax  liability  if  the   secondary
serviceman  (i)  has  paid  or will pay Use Tax on his or her
cost price of any tangible personal property  transferred  to
the  primary  serviceman  and  (ii)  certifies  that  fact in
writing to the primary serviceman.
    Tangible personal property transferred  incident  to  the
completion  of a maintenance agreement is exempt from the tax
imposed pursuant to this Act.
    Exemption (e) also includes machinery and equipment  used
in the general maintenance or repair of such exempt machinery
and equipment or for in-house manufacture of exempt machinery
and  equipment.    For the purposes of exemption (e), each of
these  terms  shall  have  the   following   meanings:    (1)
"manufacturing  process"  shall  mean  the  production of any
article of tangible personal property, whether  such  article
is a finished product or an article for use in the process of
manufacturing  or  assembling a different article of tangible
personal  property,  by  procedures  commonly   regarded   as
manufacturing,  processing,  fabricating,  or  refining which
changes some existing material or materials into  a  material
with  a  different  form,  use  or  name.   In  relation to a
recognized  integrated  business  composed  of  a  series  of
operations which collectively  constitute  manufacturing,  or
individually   constitute   manufacturing   operations,   the
manufacturing  process  shall  be deemed to commence with the
first operation or stage of production  in  the  series,  and
shall  not be deemed to end until the completion of the final
product in the last operation or stage of production  in  the
series;   and   further   for   purposes  of  exemption  (e),
photoprocessing is deemed to be a  manufacturing  process  of
tangible  personal property for wholesale or retail sale; (2)
"assembling process" shall mean the production of any article
of tangible personal property,  whether  such  article  is  a
finished  product  or  an  article  for use in the process of
manufacturing or assembling a different article  of  tangible
personal  property,  by the combination of existing materials
in a manner commonly regarded as assembling which results  in
a  material of a different form, use or name; (3) "machinery"
shall mean major mechanical machines or major  components  of
such  machines  contributing to a manufacturing or assembling
process; and (4) "equipment" shall  include  any  independent
device  or  tool separate from any machinery but essential to
an integrated manufacturing or  assembly  process;  including
computers  used primarily in a manufacturer's manufacuturer's
computer assisted  design,  computer  assisted  manufacturing
(CAD/CAM)  system;  or  any  subunit or assembly comprising a
component  of  any  machinery  or   auxiliary,   adjunct   or
attachment  parts  of  machinery,  such as tools, dies, jigs,
fixtures, patterns and molds;  or  any  parts  which  require
periodic  replacement  in the course of normal operation; but
shall not include hand tools.  Equipment  includes  chemicals
or chemicals acting as catalysts but only if the chemicals or
chemicals  acting  as catalysts effect a direct and immediate
change upon a product being  manufactured  or  assembled  for
wholesale  or  retail  sale  or lease.  The purchaser of such
machinery and equipment who has an active resale registration
number shall furnish such number to the seller at the time of
purchase.  The purchaser of such machinery and equipment  and
tools  without  an  active  resale  registration number shall
furnish to the seller a certificate  of  exemption  for  each
transaction stating facts establishing the exemption for that
transaction,  which  certificate  shall  be  available to the
Department for inspection or audit.
    The rolling stock exemption applies to rolling stock used
by an interstate carrier for hire, even just  between  points
in  Illinois,  if  such  rolling  stock transports, for hire,
persons whose journeys or property whose shipments  originate
or terminate outside Illinois.
    Any  informal  rulings, opinions or letters issued by the
Department in response to  an  inquiry  or  request  for  any
opinion   from   any   person   regarding  the  coverage  and
applicability of exemption (e) to specific devices  shall  be
published,  maintained as a public record, and made available
for public inspection and copying.  If the  informal  ruling,
opinion   or   letter   contains   trade   secrets  or  other
confidential information, where possible the Department shall
delete such information prior to publication.  Whenever  such
informal  rulings, opinions, or letters contain any policy of
general applicability, the  Department  shall  formulate  and
adopt such policy as a rule in accordance with the provisions
of the Illinois Administrative Procedure Act.
    On  and  after July 1, 1987, no entity otherwise eligible
under exemption (c) of  this  Section  shall  make  tax  free
purchases  unless  it  has an active exemption identification
number issued by the Department.
    "Serviceman" means any  person  who  is  engaged  in  the
occupation of making sales of service.
    "Sale at Retail" means "sale at retail" as defined in the
Retailers' Occupation Tax Act.
    "Supplier"  means  any person who makes sales of tangible
personal property to servicemen for the purpose of resale  as
an incident to a sale of service.
(Source: P.A.  91-51,  eff.  6-30-99;  92-484,  eff. 8-23-01;
revised 11-22-02.)

    (35 ILCS 115/2a) (from Ch. 120, par. 439.102a)
    Sec. 2a. "Pollution control facilities" means any system,
method, construction, device or appliance appurtenant thereto
transferred by  a  serviceman  for  the  primary  purpose  of
eliminating,  preventing, or reducing air and water pollution
as the term "air pollution" or "water pollution"  is  defined
in  the  "Environmental  Protection Act", enacted by the 76th
General Assembly, or for the  primary  purpose  of  treating,
pretreating,  modifying  or disposing of any potential solid,
liquid or gaseous pollutant which if  released  without  such
treatment,  pretreatment,  modification  or disposal might be
harmful, detrimental or offensive to human, plant  or  animal
life, or to property.
    Until July 1, 2003, the purchase, employment and transfer
of  such  tangible  personal  property  as  pollution control
facilities shall not be deemed to be a purchase, use or  sale
of  service  or  of  tangible personal property, but shall be
deemed to be intangible personal property.

(Source: P.A. 76-2449.)

    (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
    Sec. 3-5.  Exemptions.  The following  tangible  personal
property is exempt from the tax imposed by this Act:
    (1)  Personal  property  sold  by a corporation, society,
association, foundation, institution, or organization,  other
than  a  limited  liability  company,  that  is organized and
operated as  a  not-for-profit  service  enterprise  for  the
benefit  of  persons 65 years of age or older if the personal
property was not purchased by the enterprise for the  purpose
of resale by the enterprise.
    (2)  Personal  property  purchased  by  a  not-for-profit
Illinois  county  fair  association  for  use  in conducting,
operating, or promoting the county fair.
    (3)  Personal property purchased  by  any  not-for-profit
arts  or  cultural  organization  that  establishes, by proof
required by the Department by rule, that it has  received  an
exemption   under  Section  501(c)(3) of the Internal Revenue
Code and that is organized and  operated  primarily  for  the
presentation  or  support  of  arts  or cultural programming,
activities, or services.  These  organizations  include,  but
are  not  limited  to,  music and dramatic arts organizations
such as symphony orchestras and theatrical groups,  arts  and
cultural  service  organizations, local arts councils, visual
arts organizations, and  media  arts  organizations.  On  and
after  the  effective date of this amendatory Act of the 92nd
General Assembly, however, an entity otherwise  eligible  for
this  exemption  shall  not make tax-free purchases unless it
has an active identification number issued by the Department.
    (4)  Legal  tender,  currency,  medallions,  or  gold  or
silver  coinage  issued  by  the  State  of   Illinois,   the
government of the United States of America, or the government
of any foreign country, and bullion.
    (5)  Until  July  1,  2003,  graphic  arts  machinery and
equipment, including repair and replacement parts,  both  new
and used, and including that manufactured on special order or
purchased  for  lease,  certified by the purchaser to be used
primarily for graphic  arts  production.  Equipment  includes
chemicals  or  chemicals  acting as catalysts but only if the
chemicals or chemicals acting as catalysts  effect  a  direct
and immediate change upon a graphic arts product.
    (6)  Personal   property   sold  by  a  teacher-sponsored
student  organization  affiliated  with  an   elementary   or
secondary school located in Illinois.
    (7)  Farm  machinery  and  equipment,  both new and used,
including that manufactured on special  order,  certified  by
the purchaser to be used primarily for production agriculture
or   State   or   federal  agricultural  programs,  including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased  for  lease,  and
including implements of husbandry defined in Section 1-130 of
the  Illinois  Vehicle  Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons  required
to  be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding  other  motor  vehicles  required  to  be
registered  under  the  Illinois  Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating,  growing,  or
overwintering  plants  shall be considered farm machinery and
equipment under this item (7). Agricultural  chemical  tender
tanks  and dry boxes shall include units sold separately from
a motor vehicle  required  to  be  licensed  and  units  sold
mounted  on  a  motor  vehicle required to be licensed if the
selling price of the tender is separately stated.
    Farm machinery  and  equipment  shall  include  precision
farming  equipment  that  is  installed  or  purchased  to be
installed on farm machinery and equipment including, but  not
limited   to,   tractors,   harvesters,  sprayers,  planters,
seeders, or spreaders. Precision farming equipment  includes,
but  is  not  limited  to,  soil  testing sensors, computers,
monitors, software, global positioning and  mapping  systems,
and other such equipment.
    Farm  machinery  and  equipment  also includes computers,
sensors, software, and related equipment  used  primarily  in
the  computer-assisted  operation  of  production agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited to, the collection, monitoring,  and  correlation  of
animal  and  crop  data for the purpose of formulating animal
diets and agricultural chemicals.  This item  (7)  is  exempt
from the provisions of Section 3-55.
    (8)  Fuel  and  petroleum  products sold to or used by an
air common carrier, certified by the carrier to be  used  for
consumption,  shipment,  or  storage  in  the  conduct of its
business as an air common carrier, for a flight destined  for
or  returning from a location or locations outside the United
States without regard  to  previous  or  subsequent  domestic
stopovers.
    (9)  Proceeds  of  mandatory  service  charges separately
stated on customers' bills for the purchase  and  consumption
of food and beverages, to the extent that the proceeds of the
service  charge  are  in  fact  turned  over  as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning  up  the  food  or
beverage function with respect to which the service charge is
imposed.
    (10)  Until   July   1,   2003,  oil  field  exploration,
drilling, and production equipment, including  (i)  rigs  and
parts  of  rigs,  rotary  rigs, cable tool rigs, and workover
rigs, (ii) pipe and tubular goods, including casing and drill
strings, (iii) pumps and pump-jack units, (iv) storage  tanks
and  flow  lines, (v) any individual replacement part for oil
field exploration, drilling, and  production  equipment,  and
(vi)   machinery  and  equipment  purchased  for  lease;  but
excluding motor vehicles required to be registered under  the
Illinois Vehicle Code.
    (11)  Photoprocessing  machinery and equipment, including
repair and replacement parts, both new  and  used,  including
that   manufactured   on  special  order,  certified  by  the
purchaser to  be  used  primarily  for  photoprocessing,  and
including  photoprocessing  machinery and equipment purchased
for lease.
    (12)  Until  July  1,  2003,  coal  exploration,  mining,
offhighway hauling, processing, maintenance, and  reclamation
equipment,  including  replacement  parts  and equipment, and
including equipment purchased for lease, but excluding  motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (13)  Food  for  human consumption that is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks  and food that has been prepared for
immediate consumption) and prescription and  non-prescription
medicines,  drugs,  medical  appliances,  and  insulin, urine
testing materials, syringes, and needles used  by  diabetics,
for  human  use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term  care  facility,  as
defined in the Nursing Home Care Act.
    (14)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (15)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (16)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the  time  of  the  purchase,  to  a
hospital  that  has  been  issued  an  active  tax  exemption
identification  number  by the Department under Section 1g of
the Retailers' Occupation Tax Act.
    (17)  Personal property sold to a lessor who  leases  the
property,  under a lease of one year or longer executed or in
effect at the time of the purchase, to  a  governmental  body
that  has  been issued an active tax exemption identification
number by the Department under Section 1g of  the  Retailers'
Occupation Tax Act.
    (18)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is donated
for disaster relief to  be  used  in  a  State  or  federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer  or retailer that is registered in this State to
a   corporation,   society,   association,   foundation,   or
institution that  has  been  issued  a  sales  tax  exemption
identification  number by the Department that assists victims
of the disaster who reside within the declared disaster area.
    (19)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is  used  in
the  performance  of  infrastructure  repairs  in this State,
including but not limited to  municipal  roads  and  streets,
access  roads,  bridges,  sidewalks,  waste disposal systems,
water and  sewer  line  extensions,  water  distribution  and
purification  facilities,  storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located in the declared disaster area within 6  months  after
the disaster.
    (20)  Beginning  July 1, 1999, game or game birds sold at
a "game breeding and hunting preserve  area"  or  an  "exotic
game  hunting  area"  as those terms are used in the Wildlife
Code or at a hunting enclosure approved through rules adopted
by the Department of Natural Resources.   This  paragraph  is
exempt from the provisions of Section 3-55.
    (21)  A motor vehicle, as that term is defined in Section
1-146  of  the  Illinois  Vehicle  Code, that is donated to a
corporation, limited liability company, society, association,
foundation,  or  institution  that  is  determined   by   the
Department  to  be  organized  and  operated  exclusively for
educational purposes.  For purposes  of  this  exemption,  "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for  educational  purposes"  means  all  tax-supported public
schools, private schools that offer systematic instruction in
useful branches of  learning  by  methods  common  to  public
schools  and  that  compare  favorably  in  their  scope  and
intensity with the course of study presented in tax-supported
schools,  and  vocational  or technical schools or institutes
organized and operated exclusively to  provide  a  course  of
study  of  not  less  than  6  weeks duration and designed to
prepare individuals to follow a trade or to pursue a  manual,
technical,  mechanical,  industrial,  business, or commercial
occupation.
    (22)  Beginning  January  1,  2000,   personal  property,
including food, purchased through fundraising events for  the
benefit  of  a  public  or  private  elementary  or secondary
school, a group of those  schools,  or  one  or  more  school
districts if the events are sponsored by an entity recognized
by  the school district that consists primarily of volunteers
and includes parents and teachers  of  the  school  children.
This  paragraph  does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal  property  sold  at
the  events  from  another individual or entity that sold the
property for the purpose of resale by the fundraising  entity
and  that  profits  from  the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-55.
    (23)  Beginning January 1, 2000 and through December  31,
2001, new or used automatic vending machines that prepare and
serve  hot  food  and  beverages, including coffee, soup, and
other  items,  and  replacement  parts  for  these  machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for  machines  used  in  commercial,  coin-operated
amusement  and vending business if a use or occupation tax is
paid on the gross  receipts  derived  from  the  use  of  the
commercial,  coin-operated  amusement  and  vending machines.
This paragraph is exempt from the provisions of Section 3-55.
    (24)  Beginning on the effective date of this  amendatory
Act   of   the   92nd   General   Assembly,   computers   and
communications  equipment  utilized  for any hospital purpose
and equipment used in the diagnosis, analysis,  or  treatment
of  hospital  patients  sold  to  a  lessor  who  leases  the
equipment, under a lease of one year or longer executed or in
effect  at  the  time of the purchase, to a hospital that has
been issued an active tax exemption identification number  by
the  Department under Section 1g of the Retailers' Occupation
Tax Act.  This paragraph is exempt  from  the  provisions  of
Section 3-55.
    (25)  Beginning  on the effective date of this amendatory
Act of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year  or
longer  executed or in effect at the time of the purchase, to
a governmental body  that  has  been  issued  an  active  tax
exemption  identification  number  by  the  Department  under
Section  1g  of  the  Retailers'  Occupation  Tax  Act.  This
paragraph is exempt from the provisions of Section 3-55.
    (26)  Beginning on January  1,  2002,  tangible  personal
property  purchased  from  an Illinois retailer by a taxpayer
engaged in centralized purchasing activities in Illinois  who
will,  upon  receipt of the property in Illinois, temporarily
store the  property  in  Illinois  (i)  for  the  purpose  of
subsequently  transporting  it  outside this State for use or
consumption thereafter 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
thereafter  used  or consumed solely outside this State.  The
Director of Revenue  shall,  pursuant  to  rules  adopted  in
accordance  with  the  Illinois Administrative Procedure Act,
issue a permit to any taxpayer  in  good  standing  with  the
Department  who  is  eligible  for  the  exemption under this
paragraph (26).  The permit issued under this paragraph  (26)
shall  authorize  the holder, to the extent and in the manner
specified in the rules adopted under this  Act,  to  purchase
tangible  personal  property  from a retailer exempt from the
taxes imposed by this  Act.   Taxpayers  shall  maintain  all
necessary  books  and  records  to  substantiate  the use and
consumption of all such tangible personal property outside of
the State of Illinois.
(Source: P.A. 91-51,  eff.  6-30-99;  91-200,  eff.  7-20-99;
91-439,  eff.  8-6-99;  91-533,  eff.  8-13-99;  91-637, eff.
8-20-99; 91-644, eff. 8-20-99; 92-16,  eff.  6-28-01;  92-35,
eff.  7-1-01;  92-227,  eff.  8-2-01;  92-337,  eff. 8-10-01;
92-484, eff. 8-23-01;  92-488,  eff.  8-23-01;  92-651,  eff.
7-11-02.)

    (35 ILCS 115/3-7)
    Sec.  3-7.  Aggregate  manufacturing  exemption.  Through
June  30,  2003  December  31,  2007,  aggregate exploration,
mining,  offhighway  hauling,  processing,  maintenance,  and
reclamation  equipment,  including  replacement   parts   and
equipment,  and  including equipment purchased for lease, but
excluding motor vehicles required to be registered under  the
Illinois Vehicle Code, is exempt from the tax imposed by this
Act.
(Source: P.A. 92-603, eff. 6-28-02.)

    (35 ILCS 115/9) (from Ch. 120, par. 439.109)
    Sec.  9.   Each  serviceman  required  or  authorized  to
collect  the  tax  herein imposed shall pay to the Department
the amount of such tax at the time when  he  is  required  to
file  his  return  for  the  period during which such tax was
collectible, less a discount of  2.1%  prior  to  January  1,
1990,  and  1.75%  on  and  after  January 1, 1990, or $5 per
calendar year, whichever is  greater,  which  is  allowed  to
reimburse  the serviceman for expenses incurred in collecting
the tax,  keeping  records,  preparing  and  filing  returns,
remitting  the  tax  and  supplying data to the Department on
request.
    Where such tangible personal property  is  sold  under  a
conditional  sales  contract, or under any other form of sale
wherein the payment of the principal sum, or a part  thereof,
is  extended  beyond  the  close  of the period for which the
return is filed, the serviceman, in collecting  the  tax  may
collect,  for each tax return period, only the tax applicable
to the part of the selling  price  actually  received  during
such tax return period.
    Except  as  provided  hereinafter  in this Section, on or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman shall file a return  for  the  preceding  calendar
month  in accordance with reasonable rules and regulations to
be promulgated by the Department of  Revenue.    Such  return
shall  be  filed  on  a form prescribed by the Department and
shall  contain  such  information  as  the   Department   may
reasonably require.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar  month,   including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Prior to October 1,  2003,  a  serviceman  may  accept  a
Manufacturer's Purchase Credit certification from a purchaser
in  satisfaction  of  Service  Use Tax as provided in Section
3-70 of the Service Use Tax Act if the purchaser provides the
appropriate documentation as required by Section 3-70 of  the
Service  Use  Tax  Act.    A  Manufacturer's  Purchase Credit
certification,  accepted  prior  to  October  1,  2003  by  a
serviceman as provided in Section 3-70 of the Service Use Tax
Act, may be  used  by  that  serviceman  to  satisfy  Service
Occupation  Tax  liability  in  the  amount  claimed  in  the
certification, not to exceed 6.25% of the receipts subject to
tax  from  a  qualifying purchase.  A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20,  2003  shall  be  disallowed.   No
Manufacturer's  Purchase  Credit  may be used after September
30, 2003 to satisfy any tax liability imposed under this Act,
including any audit liability.
    If the serviceman's average monthly tax liability to  the
Department does not exceed $200, the Department may authorize
his  returns  to be filed on a quarter annual basis, with the
return for January, February and March of a given year  being
due  by April 20 of such year; with the return for April, May
and June of a given year being due by July 20 of  such  year;
with  the  return  for  July, August and September of a given
year being due by October 20  of  such  year,  and  with  the
return  for  October,  November  and December of a given year
being due by January 20 of the following year.
    If the serviceman's average monthly tax liability to  the
Department  does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with  the  return
for  a  given  year  being due by January 20 of the following
year.
    Such quarter annual and annual returns, as  to  form  and
substance,  shall  be  subject  to  the  same requirements as
monthly returns.
    Notwithstanding  any  other   provision   in   this   Act
concerning  the  time  within which a serviceman may file his
return, in the case of any serviceman who ceases to engage in
a kind of business which makes  him  responsible  for  filing
returns  under  this  Act, such serviceman shall file a final
return under this Act with the Department  not  more  than  1
month after discontinuing such business.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.   Beginning  October
1,  2000,  a  taxpayer  who  has  an  annual tax liability of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual tax liability" shall be the  sum  of  the  taxpayer's
liabilities  under  this  Act,  and under all other State and
local  occupation  and  use  tax  laws  administered  by  the
Department, for the immediately preceding calendar year.  The
term  "average  monthly  tax  liability" means the sum of the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided  by  12. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of  Revenue  Law  shall
make  all  payments  required  by  rules of the Department by
electronic funds transfer.
    Before August 1 of  each  year  beginning  in  1993,  the
Department  shall  notify  all  taxpayers  required  to  make
payments   by  electronic  funds  transfer.    All  taxpayers
required to make payments by electronic funds transfer  shall
make  those  payments  for a minimum of one year beginning on
October 1.
    Any taxpayer not required to make payments by  electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All  taxpayers  required  to  make  payment by electronic
funds transfer and any taxpayers  authorized  to  voluntarily
make  payments  by electronic funds transfer shall make those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic  funds  transfer  and  the
requirements of this Section.
    Where  a  serviceman collects the tax with respect to the
selling price of tangible personal property  which  he  sells
and  the  purchaser thereafter returns such tangible personal
property and the serviceman refunds the selling price thereof
to the purchaser, such serviceman shall also refund,  to  the
purchaser,  the  tax  so  collected from the purchaser.  When
filing his return for the period in which he refunds such tax
to the purchaser, the serviceman may deduct the amount of the
tax so refunded by  him  to  the  purchaser  from  any  other
Service   Occupation   Tax,   Service   Use  Tax,  Retailers'
Occupation Tax or  Use  Tax  which  such  serviceman  may  be
required  to pay or remit to the Department, as shown by such
return, provided that the amount of the tax  to  be  deducted
shall previously have been remitted to the Department by such
serviceman.   If  the  serviceman  shall  not previously have
remitted the amount of such tax to the Department,  he  shall
be entitled to no deduction hereunder upon refunding such tax
to the purchaser.
    If  experience  indicates  such action to be practicable,
the Department may prescribe and  furnish  a  combination  or
joint  return  which will enable servicemen, who are required
to file returns  hereunder  and  also  under  the  Retailers'
Occupation  Tax  Act,  the Use Tax Act or the Service Use Tax
Act, to furnish all the return information  required  by  all
said Acts on the one form.
    Where   the   serviceman   has  more  than  one  business
registered with the Department under  separate  registrations
hereunder,  such  serviceman  shall file separate returns for
each registered business.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into  the  Local  Government Tax Fund the revenue
realized for the preceding month from the 1% tax on sales  of
food  for  human  consumption which is to be consumed off the
premises where it is sold (other  than  alcoholic  beverages,
soft  drinks  and  food which has been prepared for immediate
consumption) and prescription and nonprescription  medicines,
drugs,   medical   appliances   and  insulin,  urine  testing
materials, syringes and needles used by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the County and Mass Transit District Fund 4%
of the revenue realized for  the  preceding  month  from  the
6.25% general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net  revenue  realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into  the  Local  Government  Tax Fund 16% of the
revenue realized for  the  preceding  month  from  the  6.25%
general rate on transfers of tangible personal property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized  for  the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall  be  paid  into
the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8%  thereof  shall  be  paid
into  the  Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the  Department
and required to be paid into the Build Illinois Fund pursuant
to  Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts  being
hereinafter  called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may  be,  of  moneys  being  hereinafter
called  the  "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the  Annual  Specified  Amount
(as  defined  in  Section  3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be  immediately
paid  into the Build Illinois Fund from other moneys received
by the Department pursuant  to  the  Tax  Acts;  and  further
provided,  that  if on the last business day of any month the
sum of (1) the Tax Act Amount required to be  deposited  into
the  Build Illinois Account in the Build Illinois Fund during
such month and (2) the amount transferred during  such  month
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  have  been  less than 1/12 of the Annual
Specified Amount, an amount equal to the difference shall  be
immediately  paid  into  the  Build  Illinois Fund from other
moneys received by the Department pursuant to the  Tax  Acts;
and,  further  provided,  that in no event shall the payments
required under the  preceding  proviso  result  in  aggregate
payments into the Build Illinois Fund pursuant to this clause
(b)  for  any fiscal year in excess of the greater of (i) the
Tax Act Amount or (ii) the Annual Specified Amount  for  such
fiscal  year; and, further provided, that the amounts payable
into the Build Illinois Fund under this clause (b)  shall  be
payable  only  until  such  time  as  the aggregate amount on
deposit under each trust indenture securing Bonds issued  and
outstanding  pursuant  to  the  Build  Illinois  Bond  Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for  the
defeasance of or the payment of the principal of, premium, if
any,  and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter  and  all  fees
and  costs  payable with respect thereto, all as certified by
the Director of the Bureau of the Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of the  preceding  sentence.   The  moneys  received  by  the
Department  pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of the  sums  designated
as  "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                                93,000,000
               2003                                99,000,000
               2004                               103,000,000
               2005                               108,000,000
               2006                               113,000,000
               2007                               119,000,000
               2008                               126,000,000
               2009                               132,000,000
               2010                               139,000,000
               2011                               146,000,000
               2012                               153,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in any amendments thereto
hereafter enacted, beginning July  1,  1993,  the  Department
shall  each  month  pay  into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized  for  the  preceding
month  from  the  6.25%  general rate on the selling price of
tangible personal property.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs  or  in  any  amendments  thereto
hereafter  enacted,  beginning  with the receipt of the first
report of taxes paid by an eligible business  and  continuing
for  a  25-year  period,  the Department shall each month pay
into the Energy Infrastructure Fund 80% of  the  net  revenue
realized  from the 6.25% general rate on the selling price of
Illinois-mined coal that was sold to  an  eligible  business.
For  purposes of this paragraph, the term "eligible business"
means a new electric generating facility  certified  pursuant
to   Section  605-332  of  the  Department  of  Commerce  and
Community Affairs Law of the  Civil  Administrative  Code  of
Illinois.
    Remaining  moneys  received by the Department pursuant to
this Act shall be paid into the General Revenue Fund  of  the
State Treasury.
    The  Department  may,  upon  separate written notice to a
taxpayer, require the taxpayer to prepare and file  with  the
Department  on a form prescribed by the Department within not
less than 60 days after  receipt  of  the  notice  an  annual
information  return for the tax year specified in the notice.
Such  annual  return  to  the  Department  shall  include   a
statement  of  gross receipts as shown by the taxpayer's last
Federal income tax return.  If  the  total  receipts  of  the
business  as reported in the Federal income tax return do not
agree with the gross receipts reported to the  Department  of
Revenue for the same period, the taxpayer shall attach to his
annual  return  a  schedule showing a reconciliation of the 2
amounts and the reasons for the difference.   The  taxpayer's
annual  return to the Department shall also disclose the cost
of goods sold by the taxpayer during the year covered by such
return, opening and closing inventories  of  such  goods  for
such  year, cost of goods used from stock or taken from stock
and given away by the taxpayer during  such  year,  pay  roll
information  of  the taxpayer's business during such year and
any additional reasonable information  which  the  Department
deems  would  be  helpful  in determining the accuracy of the
monthly, quarterly or annual returns filed by  such  taxpayer
as hereinbefore provided for in this Section.
    If the annual information return required by this Section
is  not  filed  when  and  as required, the taxpayer shall be
liable as follows:
         (i)  Until January 1, 1994, the  taxpayer  shall  be
    liable  for  a  penalty equal to 1/6 of 1% of the tax due
    from such taxpayer under this Act during the period to be
    covered by the annual return for each month  or  fraction
    of  a  month  until such return is filed as required, the
    penalty to be assessed and collected in the  same  manner
    as any other penalty provided for in this Act.
         (ii)  On  and  after  January  1, 1994, the taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to  certify  the
accuracy  of  the  information contained therein.  Any person
who willfully signs the annual  return  containing  false  or
inaccurate   information  shall  be  guilty  of  perjury  and
punished accordingly.  The annual return form  prescribed  by
the  Department  shall  include  a  warning  that  the person
signing the return may be liable for perjury.
    The foregoing portion  of  this  Section  concerning  the
filing  of  an annual information return shall not apply to a
serviceman who is not required to file an income  tax  return
with the United States Government.
    As  soon  as  possible after the first day of each month,
upon  certification  of  the  Department  of   Revenue,   the
Comptroller  shall  order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel  Tax
Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
realized under this  Act  for  the  second  preceding  month.
Beginning  April 1, 2000, this transfer is no longer required
and shall not be made.
    Net revenue realized for a month  shall  be  the  revenue
collected  by the State pursuant to this Act, less the amount
paid out during  that  month  as  refunds  to  taxpayers  for
overpayment of liability.
    For  greater  simplicity  of  administration, it shall be
permissible  for  manufacturers,  importers  and  wholesalers
whose products are sold by numerous servicemen  in  Illinois,
and  who  wish  to  do  so,  to assume the responsibility for
accounting and paying to  the  Department  all  tax  accruing
under  this Act with respect to such sales, if the servicemen
who are  affected  do  not  make  written  objection  to  the
Department to this arrangement.
(Source: P.A.   91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;
91-101, eff. 7-12-99;  91-541,  eff.  8-13-99;  91-872,  eff.
7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff.
1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.)

    Section  50-25.  The  Retailers'  Occupation  Tax  Act is
amended by changing Sections 1a, 2-5, 2-7, and 3 as follows:

    (35 ILCS 120/1a) (from Ch. 120, par. 440a)
    Sec. 1a. "Pollution control facilities" means any system,
method, construction, device or appliance appurtenant thereto
sold  or  used  or  intended  for  the  primary  purpose   of
eliminating,  preventing, or reducing air and water pollution
as the term "air pollution" or "water pollution"  is  defined
in  the  "Environmental  Protection Act", enacted by the 76th
General Assembly, or for the  primary  purpose  of  treating,
pretreating,  modifying  or disposing of any potential solid,
liquid or gaseous pollutant which if  released  without  such
treatment,  pretreatment,  modification  or disposal might be
harmful, detrimental or offensive to human, plant  or  animal
life, or to property.
    Until July 1, 2003, the purchase, employment and transfer
of  such  tangible  personal  property  as  pollution control
facilities is  not  a  purchase,  use  or  sale  of  tangible
personal property.
(Source: P.A. 76-2450.)

    (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
    Sec. 2-5.  Exemptions.  Gross receipts from proceeds from
the  sale  of  the  following  tangible personal property are
exempt from the tax imposed by this Act:
    (1)  Farm chemicals.
    (2)  Farm machinery and equipment,  both  new  and  used,
including  that  manufactured  on special order, certified by
the purchaser to be used primarily for production agriculture
or  State  or  federal   agricultural   programs,   including
individual replacement parts for the machinery and equipment,
including  machinery  and  equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm  machinery  and  agricultural
chemical  and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois  Vehicle
Code,  but  excluding  other  motor  vehicles  required to be
registered under the  Illinois  Vehicle  Code.  Horticultural
polyhouses  or  hoop houses used for propagating, growing, or
overwintering plants shall be considered farm  machinery  and
equipment  under  this item (2). Agricultural chemical tender
tanks and dry boxes shall include units sold separately  from
a  motor  vehicle  required  to  be  licensed  and units sold
mounted on a motor vehicle required to be  licensed,  if  the
selling price of the tender is separately stated.
    Farm  machinery  and  equipment  shall  include precision
farming equipment  that  is  installed  or  purchased  to  be
installed  on farm machinery and equipment including, but not
limited  to,  tractors,   harvesters,   sprayers,   planters,
seeders,  or spreaders. Precision farming equipment includes,
but is not  limited  to,  soil  testing  sensors,  computers,
monitors,  software,  global positioning and mapping systems,
and other such equipment.
    Farm machinery and  equipment  also  includes  computers,
sensors,  software,  and  related equipment used primarily in
the computer-assisted  operation  of  production  agriculture
facilities,  equipment,  and  activities  such  as,  but  not
limited  to,  the  collection, monitoring, and correlation of
animal and crop data for the purpose  of  formulating  animal
diets  and  agricultural  chemicals.  This item (7) is exempt
from the provisions of Section 2-70.
    (3)  Until  July  1,  2003,  distillation  machinery  and
equipment, sold as a unit or kit, assembled or  installed  by
the  retailer,  certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or  as  a  component  of  motor  fuel  for  the
personal use of the user, and not subject to sale or resale.
    (4)  Until  July  1,  2003,  graphic  arts  machinery and
equipment, including repair and replacement parts,  both  new
and used, and including that manufactured on special order or
purchased  for  lease,  certified by the purchaser to be used
primarily for graphic  arts  production.  Equipment  includes
chemicals  or  chemicals  acting as catalysts but only if the
chemicals or chemicals acting as catalysts  effect  a  direct
and immediate change upon a graphic arts product.
    (5)  A  motor  vehicle  of  the  first  division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to  provide  living
quarters  for  recreational,  camping,  or  travel  use, with
direct walk through access to the living  quarters  from  the
driver's seat, or a motor vehicle of the second division that
is  of  the van configuration designed for the transportation
of not less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used  for
automobile  renting,  as  defined  in  the Automobile Renting
Occupation and Use Tax Act.
    (6)  Personal  property  sold  by   a   teacher-sponsored
student   organization   affiliated  with  an  elementary  or
secondary school located in Illinois.
    (7)  Until July 1, 2003, proceeds of that portion of  the
selling price of a passenger car the sale of which is subject
to the Replacement Vehicle Tax.
    (8)  Personal  property  sold  to an Illinois county fair
association for use in conducting,  operating,  or  promoting
the county fair.
    (9)  Personal  property  sold to a not-for-profit arts or
cultural organization that establishes, by proof required  by
the  Department  by  rule,  that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the  presentation  or
support  of  arts  or  cultural  programming,  activities, or
services.  These organizations include, but are  not  limited
to,  music  and  dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and  cultural  service
organizations,    local    arts    councils,    visual   arts
organizations, and media arts organizations. On and after the
effective date of this amendatory Act  of  the  92nd  General
Assembly,  however,  an  entity  otherwise  eligible for this
exemption shall not make tax-free purchases unless it has  an
active identification number issued by the Department.
    (10)  Personal  property  sold by a corporation, society,
association, foundation, institution, or organization,  other
than  a  limited  liability  company,  that  is organized and
operated as  a  not-for-profit  service  enterprise  for  the
benefit  of  persons 65 years of age or older if the personal
property was not purchased by the enterprise for the  purpose
of resale by the enterprise.
    (11)  Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or  educational purposes, or to a not-for-profit corporation,
society,    association,    foundation,    institution,    or
organization that has no compensated  officers  or  employees
and   that  is  organized  and  operated  primarily  for  the
recreation of persons 55 years of age  or  older.  A  limited
liability  company  may  qualify for the exemption under this
paragraph only if the limited liability company is  organized
and  operated  exclusively  for  educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.
    (12)  Personal property sold to interstate  carriers  for
hire  for  use as rolling stock moving in interstate commerce
or to lessors under leases of one year or longer executed  or
in  effect at the time of purchase by interstate carriers for
hire for use as rolling stock moving in  interstate  commerce
and  equipment  operated  by  a  telecommunications provider,
licensed as a common carrier by  the  Federal  Communications
Commission,  which  is permanently installed in or affixed to
aircraft moving in interstate commerce.
    (13)  Proceeds from sales to owners, lessors, or shippers
of tangible personal property that is utilized by  interstate
carriers  for  hire  for  use  as  rolling  stock  moving  in
interstate    commerce    and   equipment   operated   by   a
telecommunications provider, licensed as a common carrier  by
the  Federal  Communications Commission, which is permanently
installed in or affixed  to  aircraft  moving  in  interstate
commerce.
    (14)  Machinery  and  equipment  that will be used by the
purchaser, or a lessee of the  purchaser,  primarily  in  the
process  of  manufacturing  or  assembling  tangible personal
property for wholesale or retail sale or lease,  whether  the
sale or lease is made directly by the manufacturer or by some
other  person,  whether the materials used in the process are
owned by the manufacturer or some other  person,  or  whether
the sale or lease is made apart from or as an incident to the
seller's  engaging  in  the  service  occupation of producing
machines, tools,  dies,  jigs,  patterns,  gauges,  or  other
similar  items  of no commercial value on special order for a
particular purchaser.
    (15)  Proceeds of mandatory  service  charges  separately
stated  on  customers'  bills for purchase and consumption of
food and beverages, to the extent that the  proceeds  of  the
service  charge  are  in  fact  turned  over  as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning  up  the  food  or
beverage function with respect to which the service charge is
imposed.
    (16)  Petroleum  products  sold  to  a  purchaser  if the
seller is prohibited by federal law from charging tax to  the
purchaser.
    (17)  Tangible personal property sold to a common carrier
by rail or motor that receives the physical possession of the
property  in  Illinois  and  that transports the property, or
shares with another common carrier in the  transportation  of
the  property,  out of Illinois on a standard uniform bill of
lading showing the seller of the property as the  shipper  or
consignor  of the property to a destination outside Illinois,
for use outside Illinois.
    (18)  Legal tender,  currency,  medallions,  or  gold  or
silver   coinage   issued  by  the  State  of  Illinois,  the
government of the United States of America, or the government
of any foreign country, and bullion.
    (19)  Until  July  1,  2003,   oil   field   exploration,
drilling,  and  production  equipment, including (i) rigs and
parts of rigs, rotary rigs, cable  tool  rigs,  and  workover
rigs, (ii) pipe and tubular goods, including casing and drill
strings,  (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part  for  oil
field  exploration,  drilling,  and production equipment, and
(vi)  machinery  and  equipment  purchased  for  lease;   but
excluding  motor vehicles required to be registered under the
Illinois Vehicle Code.
    (20)  Photoprocessing machinery and equipment,  including
repair  and  replacement  parts, both new and used, including
that  manufactured  on  special  order,  certified   by   the
purchaser  to  be  used  primarily  for  photoprocessing, and
including photoprocessing machinery and  equipment  purchased
for lease.
    (21)  Until  July  1,  2003,  coal  exploration,  mining,
offhighway  hauling, processing, maintenance, and reclamation
equipment, including replacement  parts  and  equipment,  and
including  equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
    (22)  Fuel and petroleum products sold to or used  by  an
air  carrier,  certified  by  the  carrier  to  be  used  for
consumption,  shipment,  or  storage  in  the  conduct of its
business as an air common carrier, for a flight destined  for
or  returning from a location or locations outside the United
States without regard  to  previous  or  subsequent  domestic
stopovers.
    (23)  A  transaction  in  which  the  purchase  order  is
received  by  a  florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property to
the purchaser or the purchaser's donee in Illinois.
    (24)  Fuel consumed or used in the  operation  of  ships,
barges,  or  vessels  that  are  used primarily in or for the
transportation of property or the conveyance of  persons  for
hire  on  rivers  bordering  on  this  State  if  the fuel is
delivered by the seller to the purchaser's  barge,  ship,  or
vessel while it is afloat upon that bordering river.
    (25)  A motor vehicle sold in this State to a nonresident
even though the motor vehicle is delivered to the nonresident
in  this  State,  if the motor vehicle is not to be titled in
this State, and if a drive-away permit is issued to the motor
vehicle as provided in Section 3-603 of the Illinois  Vehicle
Code or if the nonresident purchaser has vehicle registration
plates to transfer to the motor vehicle upon returning to his
or  her home state.  The issuance of the drive-away permit or
having the out-of-state registration plates to be transferred
is prima facie evidence that the motor vehicle  will  not  be
titled in this State.
    (26)  Semen used for artificial insemination of livestock
for direct agricultural production.
    (27)  Horses, or interests in horses, registered with and
meeting  the  requirements  of  any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club,  American  Quarter
Horse  Association,  United  States  Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
    (28)  Computers and communications equipment utilized for
any hospital purpose and equipment  used  in  the  diagnosis,
analysis,  or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the  time  of  the  purchase,  to  a
hospital  that  has  been  issued  an  active  tax  exemption
identification  number  by the Department under Section 1g of
this Act.
    (29)  Personal property sold to a lessor who  leases  the
property,  under a lease of one year or longer executed or in
effect at the time of the purchase, to  a  governmental  body
that  has  been issued an active tax exemption identification
number by the Department under Section 1g of this Act.
    (30)  Beginning with taxable years  ending  on  or  after
December  31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that  is  donated
for  disaster  relief  to  be  used  in  a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State  to
a   corporation,   society,   association,   foundation,   or
institution  that  has  been  issued  a  sales  tax exemption
identification number by the Department that assists  victims
of the disaster who reside within the declared disaster area.
    (31)  Beginning  with  taxable  years  ending on or after
December 31, 1995 and ending with taxable years ending on  or
before  December  31, 2004, personal property that is used in
the performance of  infrastructure  repairs  in  this  State,
including  but  not  limited  to municipal roads and streets,
access roads, bridges,  sidewalks,  waste  disposal  systems,
water  and  sewer  line  extensions,  water  distribution and
purification facilities, storm water drainage  and  retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois  when  such  repairs  are  initiated  on  facilities
located  in  the declared disaster area within 6 months after
the disaster.
    (32)  Beginning July 1, 1999, game or game birds sold  at
a  "game  breeding  and  hunting preserve area" or an "exotic
game hunting area" as those terms are used  in  the  Wildlife
Code or at a hunting enclosure approved through rules adopted
by  the  Department  of Natural Resources.  This paragraph is
exempt from the provisions of Section 2-70.
    (33)  A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
corporation, limited liability company, society, association,
foundation,   or   institution  that  is  determined  by  the
Department to  be  organized  and  operated  exclusively  for
educational  purposes.   For  purposes  of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational  purposes"  means  all  tax-supported  public
schools, private schools that offer systematic instruction in
useful  branches  of  learning  by  methods  common to public
schools  and  that  compare  favorably  in  their  scope  and
intensity with the course of study presented in tax-supported
schools, and vocational or technical  schools  or  institutes
organized  and  operated  exclusively  to provide a course of
study of not less than  6  weeks  duration  and  designed  to
prepare  individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial,  business,  or  commercial
occupation.
    (34)  Beginning   January  1,  2000,  personal  property,
including food, purchased through fundraising events for  the
benefit  of  a  public  or  private  elementary  or secondary
school, a group of those  schools,  or  one  or  more  school
districts if the events are sponsored by an entity recognized
by  the school district that consists primarily of volunteers
and includes parents and teachers  of  the  school  children.
This  paragraph  does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal  property  sold  at
the  events  from  another individual or entity that sold the
property for the purpose of resale by the fundraising  entity
and  that  profits  from  the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 2-70.
    (35)  Beginning January 1, 2000 and through December  31,
2001, new or used automatic vending machines that prepare and
serve  hot  food  and  beverages, including coffee, soup, and
other  items,  and  replacement  parts  for  these  machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for  machines  used  in  commercial,  coin-operated
amusement  and vending business if a use or occupation tax is
paid on the gross  receipts  derived  from  the  use  of  the
commercial,  coin-operated  amusement  and  vending machines.
This paragraph is exempt from the provisions of Section 2-70.
    (35-5) (36)  Food for human consumption  that  is  to  be
consumed  off  the  premises  where  it  is  sold (other than
alcoholic beverages, soft drinks,  and  food  that  has  been
prepared  for  immediate  consumption)  and  prescription and
nonprescription medicines,  drugs,  medical  appliances,  and
insulin,  urine testing materials, syringes, and needles used
by diabetics, for human use, when  purchased  for  use  by  a
person  receiving  medical  assistance under Article 5 of the
Illinois Public Aid Code who resides in a licensed  long-term
care facility, as defined in the Nursing Home Care Act.
    (36)  Beginning  August  2, 2001 on the effective date of
this amendatory Act of the 92nd General  Assembly,  computers
and   communications  equipment  utilized  for  any  hospital
purpose and equipment used in  the  diagnosis,  analysis,  or
treatment  of  hospital  patients sold to a lessor who leases
the equipment, under a lease of one year or  longer  executed
or  in effect at the time of the purchase, to a hospital that
has been issued an active tax exemption identification number
by the Department  under  Section  1g  of  this  Act.    This
paragraph is exempt from the provisions of Section 2-70.
    (37)  Beginning  August  2, 2001 on the effective date of
this amendatory Act of the 92nd  General  Assembly,  personal
property  sold  to  a lessor who leases the property, under a
lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been  issued
an   active   tax  exemption  identification  number  by  the
Department under Section 1g of this Act.  This  paragraph  is
exempt from the provisions of Section 2-70.
    (38)  Beginning  on  January  1,  2002, tangible personal
property purchased from an Illinois retailer  by  a  taxpayer
engaged  in centralized purchasing activities in Illinois who
will, upon receipt of the property in  Illinois,  temporarily
store  the  property  in  Illinois  (i)  for  the  purpose of
subsequently transporting it outside this State  for  use  or
consumption  thereafter 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
thereafter used or consumed solely outside this  State.   The
Director  of  Revenue  shall,  pursuant  to  rules adopted in
accordance with the Illinois  Administrative  Procedure  Act,
issue  a  permit  to  any  taxpayer in good standing with the
Department who is  eligible  for  the  exemption  under  this
paragraph  (38).  The permit issued under this paragraph (38)
shall authorize the holder, to the extent and in  the  manner
specified  in  the  rules adopted under this Act, to purchase
tangible personal property from a retailer  exempt  from  the
taxes  imposed  by  this  Act.   Taxpayers shall maintain all
necessary books and  records  to  substantiate  the  use  and
consumption of all such tangible personal property outside of
the State of Illinois.
(Source: P.A.  91-51,  eff.  6-30-99;  91-200,  eff. 7-20-99;
91-439, eff.  8-6-99;  91-533,  eff.  8-13-99;  91-637,  eff.
8-20-99;  91-644,  eff. 8-20-99;  92-16, eff. 6-28-01; 92-35,
eff. 7-1-01;  92-227,  eff.  8-2-01;  92-337,  eff.  8-10-01;
92-484,  eff.  8-23-01;  92-488,  eff.  8-23-01; 92-651, eff.
7-11-02; 92-680, eff. 7-16-02; revised 1-26-03.)

    (35 ILCS 120/2-7)
    Sec.  2-7.  Aggregate  manufacturing  exemption.  Through
June 30, 2003 December 31, 2007, gross receipts from proceeds
from the sale of aggregate  exploration,  mining,  offhighway
hauling,  processing, maintenance, and reclamation equipment,
including replacement  parts  and  equipment,  and  including
equipment  purchased  for lease, but excluding motor vehicles
required to be registered under the  Illinois  Vehicle  Code,
are exempt from the tax imposed by this Act.
(Source: P.A. 92-603, eff. 6-28-02.)

    (35 ILCS 120/3) (from Ch. 120, par. 442)
    Sec. 3.  Except as provided in this Section, on or before
the  twentieth  day  of  each  calendar  month,  every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding  calendar  month
shall file a return with the Department, stating:
         1.  The name of the seller;
         2.  His  residence  address  and  the address of his
    principal place  of  business  and  the  address  of  the
    principal  place  of  business  (if  that  is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
         3.  Total amount of receipts received by him  during
    the  preceding calendar month or quarter, as the case may
    be, from sales of tangible personal  property,  and  from
    services furnished, by him during such preceding calendar
    month or quarter;
         4.  Total   amount   received   by  him  during  the
    preceding calendar month or quarter on  charge  and  time
    sales  of  tangible  personal property, and from services
    furnished, by him prior to the month or quarter for which
    the return is filed;
         5.  Deductions allowed by law;
         6.  Gross receipts which were received by him during
    the preceding calendar month  or  quarter  and  upon  the
    basis of which the tax is imposed;
         7.  The  amount  of credit provided in Section 2d of
    this Act;
         8.  The amount of tax due;
         9.  The signature of the taxpayer; and
         10.  Such  other  reasonable  information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Each return shall be  accompanied  by  the  statement  of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    Prior  to  October  1,  2003,  a  retailer  may  accept a
Manufacturer's Purchase Credit certification from a purchaser
in satisfaction of Use Tax as provided in Section 3-85 of the
Use  Tax  Act  if  the  purchaser  provides  the  appropriate
documentation as required by Section 3-85 of the Use Tax Act.
A Manufacturer's Purchase Credit certification, accepted by a
retailer prior to October 1, 2003 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer  to  satisfy
Retailers'  Occupation Tax liability in the amount claimed in
the certification,  not  to  exceed  6.25%  of  the  receipts
subject  to tax from a qualifying purchase.  A Manufacturer's
Purchase Credit reported on any original  or  amended  return
filed  under  this  Act  after  October  20,  2003  shall  be
disallowed.   No  Manufacturer's  Purchase Credit may be used
after September 30, 2003 to satisfy any tax liability imposed
under this Act, including any audit liability.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar month from sales of
    tangible personal property by him during  such  preceding
    calendar  month,  including receipts from charge and time
    sales, but less all deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a total amount of less than $1 is payable,  refundable
or creditable, such amount shall be disregarded if it is less
than  50 cents and shall be increased to $1 if it is 50 cents
or more.
    Beginning October 1, 1993, a taxpayer who has an  average
monthly  tax  liability  of  $150,000  or more shall make all
payments required by rules of the  Department  by  electronic
funds  transfer.   Beginning  October 1, 1994, a taxpayer who
has an average monthly tax  liability  of  $100,000  or  more
shall  make  all payments required by rules of the Department
by electronic funds transfer.  Beginning October 1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic funds transfer.  Beginning October
1, 2000, a taxpayer  who  has  an  annual  tax  liability  of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual  tax  liability"  shall  be the sum of the taxpayer's
liabilities under this Act, and under  all  other  State  and
local  occupation  and  use  tax  laws  administered  by  the
Department,  for the immediately preceding calendar year. The
term "average monthly tax liability" shall be the sum of  the
taxpayer's  liabilities  under  this Act, and under all other
State and local occupation and use tax laws  administered  by
the  Department,  for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a  taxpayer  who
has a tax liability in the amount set forth in subsection (b)
of  Section  2505-210  of the Department of Revenue Law shall
make all payments required by  rules  of  the  Department  by
electronic funds transfer.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or  reported  on
any  return  or  other document under this Act shall, if such
amount is not a whole-dollar  amount,  be  increased  to  the
nearest  whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and  decreased  to  the
nearest  whole-dollar  amount  where the fractional part of a
dollar is less than 50 cents.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability  with  the  Department  does  not  exceed  $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    Where  the  same  person  has  more  than  one   business
registered  with  the Department under separate registrations
under this Act, such person may not file each return that  is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    In  addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this State, every retailer selling this
kind of tangible  personal  property  shall  file,  with  the
Department,  upon a form to be prescribed and supplied by the
Department, a separate return for each such item of  tangible
personal  property  which the retailer sells, except that if,
in  the  same  transaction,  (i)  a  retailer  of   aircraft,
watercraft,  motor  vehicles  or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
retailer for the purpose of resale  or  (ii)  a  retailer  of
aircraft,  watercraft,  motor vehicles, or trailers transfers
more than one aircraft, watercraft, motor vehicle, or trailer
to a purchaser for use  as  a  qualifying  rolling  stock  as
provided  in  Section  2-5  of this Act, then that seller may
report  the  transfer  of  all  aircraft,  watercraft,  motor
vehicles or trailers involved  in  that  transaction  to  the
Department  on the same uniform invoice-transaction reporting
return form.  For  purposes  of  this  Section,  "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section  3-2  of  the  Boat  Registration  and  Safety Act, a
personal watercraft, or any boat  equipped  with  an  inboard
motor.
    Any  retailer  who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that  all  retailers'  occupation
tax liability is required to be reported, and is reported, on
such  transaction  reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not  file
monthly or quarterly returns.  However, those retailers shall
be required to file returns on an annual basis.
    The  transaction  reporting  return, in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of The  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of The Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft or aircraft must show the name and address of  the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale, a sufficient identification of
the  property  sold,  and  such  other  information  as   the
Department may reasonably require.
    Such  transaction  reporting  return  shall  be filed not
later than 20 days after the day of delivery of the item that
is being sold, but may be filed by the retailer at  any  time
sooner  than  that  if  he chooses to do so.  The transaction
reporting return and tax remittance  or  proof  of  exemption
from   the  Illinois  use  tax  may  be  transmitted  to  the
Department by way of the State agency with  which,  or  State
officer  with  whom  the  tangible  personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer  determine
that   this   procedure   will  expedite  the  processing  of
applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall issue, in the purchaser's name,  a  use  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  the  tax  or  proof  of  exemption made to the Department
before the retailer is willing to take these actions and such
user has not paid the tax to  the  retailer,  such  user  may
certify  to  the  fact  of such delay by the retailer and may
(upon the Department being satisfied of  the  truth  of  such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Refunds  made  by  the seller during the preceding return
period  to  purchasers,  on  account  of  tangible   personal
property  returned  to  the  seller,  shall  be  allowed as a
deduction under subdivision 5 of  his  monthly  or  quarterly
return,   as  the  case  may  be,  in  case  the  seller  had
theretofore included the  receipts  from  the  sale  of  such
tangible  personal  property in a return filed by him and had
paid the tax  imposed  by  this  Act  with  respect  to  such
receipts.
    Where  the  seller  is a corporation, the return filed on
behalf of such corporation shall be signed by the  president,
vice-president,  secretary  or  treasurer  or by the properly
accredited agent of such corporation.
    Where the seller is  a  limited  liability  company,  the
return filed on behalf of the limited liability company shall
be  signed by a manager, member, or properly accredited agent
of the limited liability company.
    Except as provided in this Section, the  retailer  filing
the  return  under  this Section shall, at the time of filing
such return, pay to the Department the amount of tax  imposed
by  this Act less a discount of 2.1% prior to January 1, 1990
and 1.75% on and after January 1, 1990, or  $5  per  calendar
year, whichever is greater, which is allowed to reimburse the
retailer  for  the  expenses  incurred  in  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to  the  Department  on  request.   Any prepayment made
pursuant to Section 2d of this Act shall be included  in  the
amount  on which such 2.1% or 1.75% discount is computed.  In
the case of retailers  who  report  and  pay  the  tax  on  a
transaction   by  transaction  basis,  as  provided  in  this
Section, such discount shall be  taken  with  each  such  tax
remittance  instead  of when such retailer files his periodic
return.
    Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the  Use  Tax
Act,  the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for  prepaid  sales  tax  to  be
remitted  in  accordance  with  Section  2d  of this Act, was
$10,000 or more during  the  preceding  4  complete  calendar
quarters,  he  shall  file  a return with the Department each
month by the 20th day of the month next following  the  month
during  which  such  tax liability is incurred and shall make
payments to the Department on or before the 7th,  15th,  22nd
and  last  day  of  the  month during which such liability is
incurred. On and after October 1,  2000,  if  the  taxpayer's
average  monthly  tax  liability to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act,  excluding  any  liability  for  prepaid
sales  tax  to  be  remitted in accordance with Section 2d of
this Act, was $20,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month  next  following  the
month  during  which such tax liability is incurred and shall
make payment to the Department on or before  the  7th,  15th,
22nd and last day of the month during which such liability is
incurred.    If  the month during which such tax liability is
incurred began prior to January 1, 1985, each  payment  shall
be  in  an  amount  equal  to  1/4  of  the taxpayer's actual
liability for the month or an amount set  by  the  Department
not  to  exceed  1/4  of the average monthly liability of the
taxpayer to the  Department  for  the  preceding  4  complete
calendar  quarters  (excluding the month of highest liability
and the month of lowest liability in such 4 quarter  period).
If  the  month  during  which  such tax liability is incurred
begins on or after January 1, 1985 and prior  to  January  1,
1987,  each  payment  shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding year.  If the month during which such tax liability
is  incurred  begins on or after January 1, 1987 and prior to
January 1, 1988, each payment shall be in an amount equal  to
22.5%  of  the  taxpayer's  actual liability for the month or
26.25% of the taxpayer's  liability  for  the  same  calendar
month  of the preceding year.  If the month during which such
tax liability is incurred begins on or after January 1, 1988,
and prior to January 1, 1989, or begins on or  after  January
1, 1996, each payment shall be in an amount equal to 22.5% of
the  taxpayer's  actual liability for the month or 25% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding  year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior  to
January  1, 1996, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 25%
of the taxpayer's liability for the same  calendar  month  of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period.  The amount of such
quarter  monthly payments shall be credited against the final
tax liability  of  the  taxpayer's  return  for  that  month.
Before  October  1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the  Department  by
taxpayers  having an average monthly tax liability of $10,000
or more as determined in  the  manner  provided  above  shall
continue  until  such taxpayer's average monthly liability to
the Department  during  the  preceding  4  complete  calendar
quarters  (excluding  the  month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability  to  the  Department  as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However,  if  a  taxpayer  can  show  the  Department  that a
substantial change in the taxpayer's  business  has  occurred
which  causes  the  taxpayer  to  anticipate that his average
monthly tax liability for the reasonably  foreseeable  future
will fall below the $10,000 threshold stated above, then such
taxpayer  may  petition  the  Department for a change in such
taxpayer's reporting status.  On and after October  1,  2000,
once  applicable,  the  requirement  of the making of quarter
monthly payments to the Department  by  taxpayers  having  an
average   monthly   tax  liability  of  $20,000  or  more  as
determined in the manner provided above shall continue  until
such  taxpayer's  average monthly liability to the Department
during the preceding 4 complete calendar quarters  (excluding
the  month  of  highest  liability  and  the  month of lowest
liability) is less than  $19,000  or  until  such  taxpayer's
average  monthly  liability to the Department as computed for
each calendar quarter of the 4  preceding  complete  calendar
quarter  period is less than $20,000.  However, if a taxpayer
can show the Department that  a  substantial  change  in  the
taxpayer's business has occurred which causes the taxpayer to
anticipate  that  his  average  monthly tax liability for the
reasonably foreseeable future will  fall  below  the  $20,000
threshold  stated  above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting  status.
The  Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal  in  nature  and
not  likely  to  be  long  term.  If any such quarter monthly
payment is not paid at the time or in the amount required  by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as  a  payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer  has
previously  made payments for that month to the Department in
excess of the minimum payments previously due as provided  in
this  Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount  and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    The  provisions of this paragraph apply before October 1,
2001. Without regard to whether a  taxpayer  is  required  to
make   quarter  monthly  payments  as  specified  above,  any
taxpayer who is required by Section 2d of this Act to collect
and remit prepaid taxes and has collected prepaid taxes which
average in excess of $25,000 per month during the preceding 2
complete calendar quarters, shall  file  a  return  with  the
Department  as required by Section 2f and shall make payments
to the Department on or before the 7th, 15th, 22nd  and  last
day of the month during which such liability is incurred.  If
the  month  during which such tax liability is incurred began
prior to the effective date of this amendatory Act  of  1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's  actual  liability under Section 2d.  If the month
during which such tax liability  is  incurred  begins  on  or
after  January  1,  1986,  each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  27.5%  of  the  taxpayer's  liability for the same
calendar month of the preceding calendar year.  If the  month
during  which  such  tax  liability  is incurred begins on or
after January 1, 1987, each payment shall  be  in  an  amount
equal  to  22.5%  of  the taxpayer's actual liability for the
month or 26.25% of the  taxpayer's  liability  for  the  same
calendar  month  of  the  preceding year.  The amount of such
quarter monthly payments shall be credited against the  final
tax  liability  of the taxpayer's return for that month filed
under this Section or Section 2f, as the case may  be.   Once
applicable,  the requirement of the making of quarter monthly
payments to the Department pursuant to this  paragraph  shall
continue  until  such  taxpayer's average monthly prepaid tax
collections during the preceding 2 complete calendar quarters
is $25,000 or less.  If any such quarter monthly  payment  is
not  paid at the time or in the amount required, the taxpayer
shall  be  liable  for  penalties  and   interest   on   such
difference,  except  insofar  as  the taxpayer has previously
made payments  for  that  month  in  excess  of  the  minimum
payments previously due.
    The  provisions  of  this  paragraph  apply  on and after
October 1, 2001.  Without regard to  whether  a  taxpayer  is
required to make quarter monthly payments as specified above,
any  taxpayer  who  is  required by Section 2d of this Act to
collect and remit prepaid taxes  and  has  collected  prepaid
taxes  that average in excess of $20,000 per month during the
preceding 4 complete calendar quarters shall  file  a  return
with  the Department as required by Section 2f and shall make
payments to the Department on or before the 7th,  15th,  22nd
and  last  day  of  the  month  during which the liability is
incurred.  Each payment shall be in an amount equal to  22.5%
of  the  taxpayer's  actual liability for the month or 25% of
the taxpayer's liability for the same calendar month  of  the
preceding  year.   The amount of the quarter monthly payments
shall be credited against the  final  tax  liability  of  the
taxpayer's  return for that month filed under this Section or
Section 2f,  as  the  case  may  be.   Once  applicable,  the
requirement  of the making of quarter monthly payments to the
Department pursuant to this paragraph  shall  continue  until
the taxpayer's average monthly prepaid tax collections during
the  preceding  4  complete  calendar quarters (excluding the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability to the Department as  computed  for  each  calendar
quarter of the 4 preceding complete calendar quarters is less
than  $20,000.   If  any  such quarter monthly payment is not
paid at the time or in  the  amount  required,  the  taxpayer
shall   be   liable   for  penalties  and  interest  on  such
difference, except insofar as  the  taxpayer  has  previously
made  payments  for  that  month  in  excess  of  the minimum
payments previously due.
    If any payment provided for in this Section  exceeds  the
taxpayer's  liabilities  under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use  Tax  Act,  as
shown on an original monthly return, the Department shall, if
requested  by  the  taxpayer,  issue to the taxpayer a credit
memorandum no later than 30 days after the date  of  payment.
The  credit  evidenced  by  such  credit  memorandum  may  be
assigned  by  the  taxpayer  to a similar taxpayer under this
Act, the Use Tax Act, the Service Occupation Tax Act  or  the
Service  Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department.  If  no  such
request  is made, the taxpayer may credit such excess payment
against tax liability subsequently  to  be  remitted  to  the
Department  under  this  Act,  the  Use  Tax Act, the Service
Occupation Tax Act or the Service Use Tax Act, in  accordance
with  reasonable  rules  and  regulations  prescribed  by the
Department.  If the Department subsequently  determined  that
all  or  any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the  difference  between
the  credit  taken  and  that actually due, and that taxpayer
shall  be  liable  for  penalties  and   interest   on   such
difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to  the  Department  under  this  Act for the month which the
taxpayer is filing a return, the Department shall  issue  the
taxpayer a credit memorandum for the excess.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local Government Tax Fund, a special  fund
in  the  State  treasury  which  is  hereby  created, the net
revenue realized for the preceding month from the 1%  tax  on
sales  of  food for human consumption which is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks and food which has been prepared for
immediate consumption) and prescription  and  nonprescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes and needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund,  a
special  fund  in the State treasury which is hereby created,
4% of the net revenue realized for the preceding  month  from
the 6.25% general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net  revenue  realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate  on  the
selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to this Act, Section 9 of the Use Tax Act, Section 9  of  the
Service  Use Tax Act, and Section 9 of the Service Occupation
Tax Act, such Acts being hereinafter called  the  "Tax  Acts"
and  such  aggregate  of 2.2% or 3.8%, as the case may be, of
moneys being hereinafter called the "Tax Act Amount", and (2)
the amount transferred to the Build Illinois  Fund  from  the
State  and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as hereinafter defined),  an  amount
equal  to  the  difference shall be immediately paid into the
Build  Illinois  Fund  from  other  moneys  received  by  the
Department pursuant to the Tax Acts;  the  "Annual  Specified
Amount"  means  the  amounts specified below for fiscal years
1986 through 1993:
         Fiscal Year              Annual Specified Amount
             1986                       $54,800,000
             1987                       $76,650,000
             1988                       $80,480,000
             1989                       $88,510,000
             1990                       $115,330,000
             1991                       $145,470,000
             1992                       $182,730,000
             1993                      $206,520,000;
and means the Certified Annual Debt Service  Requirement  (as
defined  in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for  fiscal  year  1994
and  each  fiscal year thereafter; and further provided, that
if on the last business day of any month the sum of  (1)  the
Tax  Act  Amount  required  to  be  deposited  into the Build
Illinois Bond Account in the Build Illinois Fund during  such
month  and  (2)  the amount transferred to the Build Illinois
Fund from the State and Local Sales  Tax  Reform  Fund  shall
have  been  less than 1/12 of the Annual Specified Amount, an
amount equal to the difference shall be immediately paid into
the Build Illinois Fund from other  moneys  received  by  the
Department  pursuant  to the Tax Acts; and, further provided,
that in no  event  shall  the  payments  required  under  the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in  excess  of  the greater of (i) the Tax Act Amount or (ii)
the Annual  Specified  Amount  for  such  fiscal  year.   The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust   indenture   securing  Bonds  issued  and  outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into account any future investment income, to fully  provide,
in  accordance  with such indenture, for the defeasance of or
the payment  of  the  principal  of,  premium,  if  any,  and
interest  on  the  Bonds secured by such indenture and on any
Bonds expected to be issued thereafter and all fees and costs
payable  with  respect  thereto,  all  as  certified  by  the
Director of the  Bureau  of  the  Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond  Act,  the  aggregate  of
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the first sentence of this paragraph and shall reduce the
amount otherwise payable for such  fiscal  year  pursuant  to
that  clause  (b).   The  moneys  received  by the Department
pursuant to this Act and required to be  deposited  into  the
Build  Illinois  Fund  are  subject  to the pledge, claim and
charge set forth in Section 12 of  the  Build  Illinois  Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act,  but not in excess of sums designated as
"Total Deposit", shall be deposited  in  the  aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
           Fiscal Year                           Total Deposit
               1993                                        $0
               1994                                53,000,000
               1995                                58,000,000
               1996                                61,000,000
               1997                                64,000,000
               1998                                68,000,000
               1999                                71,000,000
               2000                                75,000,000
               2001                                80,000,000
               2002                                93,000,000
               2003                                99,000,000
               2004                               103,000,000
               2005                               108,000,000
               2006                               113,000,000
               2007                               119,000,000
               2008                               126,000,000
               2009                               132,000,000
               2010                               139,000,000
               2011                               146,000,000
               2012                               153,000,000
               2013                               161,000,000
               2014                               170,000,000
               2015                               179,000,000
               2016                               189,000,000
               2017                               199,000,000
               2018                               210,000,000
               2019                               221,000,000
               2020                               233,000,000
               2021                               246,000,000
               2022                               260,000,000
             2023 and                             275,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs  or  in  any  amendments  thereto
hereafter  enacted,  beginning  July  1, 1993, the Department
shall each month pay into the  Illinois  Tax  Increment  Fund
0.27%  of  80%  of the net revenue realized for the preceding
month from the 6.25% general rate on  the  selling  price  of
tangible personal property.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in any amendments thereto
hereafter enacted, beginning with the receipt  of  the  first
report  of  taxes paid by an eligible business and continuing
for a 25-year period, the Department  shall  each  month  pay
into  the  Energy  Infrastructure Fund 80% of the net revenue
realized from the 6.25% general rate on the selling price  of
Illinois-mined  coal  that  was sold to an eligible business.
For purposes of this paragraph, the term "eligible  business"
means  a  new electric generating facility certified pursuant
to  Section  605-332  of  the  Department  of  Commerce   and
Community  Affairs  Law  of  the Civil Administrative Code of
Illinois.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof  shall  be  paid  into  the
State Treasury and 25% shall be reserved in a special account
and  used  only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The Department may, upon separate  written  notice  to  a
taxpayer,  require  the taxpayer to prepare and file with the
Department on a form prescribed by the Department within  not
less  than  60  days  after  receipt  of the notice an annual
information return for the tax year specified in the  notice.
Such   annual  return  to  the  Department  shall  include  a
statement of gross receipts as shown by the  retailer's  last
Federal  income  tax  return.   If  the total receipts of the
business as reported in the Federal income tax return do  not
agree  with  the gross receipts reported to the Department of
Revenue for the same period, the retailer shall attach to his
annual return a schedule showing a reconciliation  of  the  2
amounts  and  the reasons for the difference.  The retailer's
annual return to the Department shall also disclose the  cost
of goods sold by the retailer during the year covered by such
return,  opening  and  closing  inventories of such goods for
such year, costs of goods used from stock or taken from stock
and given away by the  retailer  during  such  year,  payroll
information  of  the retailer's business during such year and
any additional reasonable information  which  the  Department
deems  would  be  helpful  in determining the accuracy of the
monthly, quarterly or annual returns filed by  such  retailer
as provided for in this Section.
    If the annual information return required by this Section
is  not  filed  when  and  as required, the taxpayer shall be
liable as follows:
         (i)  Until January 1, 1994, the  taxpayer  shall  be
    liable  for  a  penalty equal to 1/6 of 1% of the tax due
    from such taxpayer under this Act during the period to be
    covered by the annual return for each month  or  fraction
    of  a  month  until such return is filed as required, the
    penalty to be assessed and collected in the  same  manner
    as any other penalty provided for in this Act.
         (ii)  On  and  after  January  1, 1994, the taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to  certify  the
accuracy  of  the information contained therein.   Any person
who willfully signs the annual  return  containing  false  or
inaccurate   information  shall  be  guilty  of  perjury  and
punished accordingly.  The annual return form  prescribed  by
the  Department  shall  include  a  warning  that  the person
signing the return may be liable for perjury.
    The provisions of this Section concerning the  filing  of
an  annual  information return do not apply to a retailer who
is not required to file an income tax return with the  United
States Government.
    As  soon  as  possible after the first day of each month,
upon  certification  of  the  Department  of   Revenue,   the
Comptroller  shall  order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel  Tax
Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
realized under this  Act  for  the  second  preceding  month.
Beginning  April 1, 2000, this transfer is no longer required
and shall not be made.
    Net revenue realized for a month  shall  be  the  revenue
collected  by the State pursuant to this Act, less the amount
paid out during  that  month  as  refunds  to  taxpayers  for
overpayment of liability.
    For  greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold  at  retail
in Illinois by numerous retailers, and who wish to do so, may
assume  the  responsibility  for accounting and paying to the
Department all tax accruing under this Act  with  respect  to
such  sales,  if  the  retailers who are affected do not make
written objection to the Department to this arrangement.
    Any  person  who  promotes,  organizes,  provides  retail
selling space for concessionaires or other types  of  sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local  fairs, art shows, flea markets and similar exhibitions
or events, including any transient  merchant  as  defined  by
Section  2 of the Transient Merchant Act of 1987, is required
to file a report with the Department providing  the  name  of
the  merchant's  business,  the name of the person or persons
engaged in merchant's business,  the  permanent  address  and
Illinois  Retailers Occupation Tax Registration Number of the
merchant, the dates and  location  of  the  event  and  other
reasonable  information that the Department may require.  The
report must be filed not later than the 20th day of the month
next following the month during which the event  with  retail
sales  was  held.   Any  person  who  fails  to file a report
required by this Section commits a business  offense  and  is
subject to a fine not to exceed $250.
    Any  person  engaged  in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the  Illinois  State  Fair,  county  fairs,  art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant  Act of 1987, may be required to make a daily report
of the amount of such sales to the Department and to  make  a
daily  payment of the full amount of tax due.  The Department
shall impose this requirement when it finds that there  is  a
significant  risk  of loss of revenue to the State at such an
exhibition or event.   Such  a  finding  shall  be  based  on
evidence  that  a  substantial  number  of concessionaires or
other sellers who are  not  residents  of  Illinois  will  be
engaging   in  the  business  of  selling  tangible  personal
property at retail at  the  exhibition  or  event,  or  other
evidence  of  a  significant  risk  of loss of revenue to the
State.  The Department shall notify concessionaires and other
sellers affected by the imposition of this  requirement.   In
the   absence   of   notification   by  the  Department,  the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A.  91-37,  eff.  7-1-99;  91-51,  eff.   6-30-99;
91-101,  eff.  7-12-99;  91-541,  eff.  8-13-99; 91-872, eff.
7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16,  eff.
6-28-01;  92-208,  eff. 8-2-01; 92-484, eff. 8-23-01; 92-492,
eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02.)

    Section 50-30.  The Illinois Vehicle Code is  amended  by
changing Section 3-2001 as follows:

    (625 ILCS 5/3-2001) (from Ch. 95 1/2, par. 3-2001)
    Sec. 3-2001.  Until July 1, 2003, a tax of $200 is hereby
imposed  on  the  purchase of any passenger car as defined in
Section 1-157 of this Code, purchased in Illinois  by  or  on
behalf  of an insurance company to replace a passenger car of
an insured person in settlement of a total  loss  claim.  The
tax  imposed by this Section shall apply only to that portion
of the purchase price of the replacement vehicle paid by  the
insurance  company in settlement of the total loss claim, but
not including any portion of  such  insurance  payment  which
exceeds the market value of the total loss vehicle.
(Source: P.A. 83-1353.)

                         ARTICLE 99

    Section  99-99.   Effective  date.  This Act takes effect
upon becoming law.