101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3076

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-18  from Ch. 127, par. 142z-18
30 ILCS 105/6z-20  from Ch. 127, par. 142z-20
35 ILCS 105/3-10
35 ILCS 120/2-10

    Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, from August 2, 2019 through August 11, 2019, the tax imposed under the Acts on clothing and school supplies shall be at the rate of 1.25% (instead of 6.25%). Effective immediately.


LRB101 10105 HLH 55208 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3076LRB101 10105 HLH 55208 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Sections 6z-18 and 6z-20 as follows:
 
6    (30 ILCS 105/6z-18)  (from Ch. 127, par. 142z-18)
7    Sec. 6z-18. Local Government Tax Fund. A portion of the
8money paid into the Local Government Tax Fund from sales of
9tangible personal property taxed at the 1% rate under the
10Retailers' Occupation Tax Act and the Service Occupation Tax
11Act, which occurred in municipalities, shall be distributed to
12each municipality based upon the sales which occurred in that
13municipality. The remainder shall be distributed to each county
14based upon the sales which occurred in the unincorporated area
15of that county.
16    A portion of the money paid into the Local Government Tax
17Fund from the 6.25% general use tax rate on the selling price
18of tangible personal property which is purchased outside
19Illinois at retail from a retailer and which is titled or
20registered by any agency of this State's government shall be
21distributed to municipalities as provided in this paragraph.
22Each municipality shall receive the amount attributable to
23sales for which Illinois addresses for titling or registration

 

 

HB3076- 2 -LRB101 10105 HLH 55208 b

1purposes are given as being in such municipality. The remainder
2of the money paid into the Local Government Tax Fund from such
3sales shall be distributed to counties. Each county shall
4receive the amount attributable to sales for which Illinois
5addresses for titling or registration purposes are given as
6being located in the unincorporated area of such county.
7    A portion of the money paid into the Local Government Tax
8Fund from the 6.25% general rate (and, beginning July 1, 2000
9and through December 31, 2000, the 1.25% rate on motor fuel and
10gasohol, and beginning on August 6, 2010 through August 15,
112010, and beginning again from August 2, 2019 through August
1211, 2019, the 1.25% rate on sales tax holiday items) on sales
13subject to taxation under the Retailers' Occupation Tax Act and
14the Service Occupation Tax Act, which occurred in
15municipalities, shall be distributed to each municipality,
16based upon the sales which occurred in that municipality. The
17remainder shall be distributed to each county, based upon the
18sales which occurred in the unincorporated area of such county.
19    For the purpose of determining allocation to the local
20government unit, a retail sale by a producer of coal or other
21mineral mined in Illinois is a sale at retail at the place
22where the coal or other mineral mined in Illinois is extracted
23from the earth. This paragraph does not apply to coal or other
24mineral when it is delivered or shipped by the seller to the
25purchaser at a point outside Illinois so that the sale is
26exempt under the United States Constitution as a sale in

 

 

HB3076- 3 -LRB101 10105 HLH 55208 b

1interstate or foreign commerce.
2    Whenever the Department determines that a refund of money
3paid into the Local Government Tax Fund should be made to a
4claimant instead of issuing a credit memorandum, the Department
5shall notify the State Comptroller, who shall cause the order
6to be drawn for the amount specified, and to the person named,
7in such notification from the Department. Such refund shall be
8paid by the State Treasurer out of the Local Government Tax
9Fund.
10    As soon as possible after the first day of each month,
11beginning January 1, 2011, upon certification of the Department
12of Revenue, the Comptroller shall order transferred, and the
13Treasurer shall transfer, to the STAR Bonds Revenue Fund the
14local sales tax increment, as defined in the Innovation
15Development and Economy Act, collected during the second
16preceding calendar month for sales within a STAR bond district
17and deposited into the Local Government Tax Fund, less 3% of
18that amount, which shall be transferred into the Tax Compliance
19and Administration Fund and shall be used by the Department,
20subject to appropriation, to cover the costs of the Department
21in administering the Innovation Development and Economy Act.
22    After the monthly transfer to the STAR Bonds Revenue Fund,
23on or before the 25th day of each calendar month, the
24Department shall prepare and certify to the Comptroller the
25disbursement of stated sums of money to named municipalities
26and counties, the municipalities and counties to be those

 

 

HB3076- 4 -LRB101 10105 HLH 55208 b

1entitled to distribution of taxes or penalties paid to the
2Department during the second preceding calendar month. The
3amount to be paid to each municipality or county shall be the
4amount (not including credit memoranda) collected during the
5second preceding calendar month by the Department and paid into
6the Local Government Tax Fund, plus an amount the Department
7determines is necessary to offset any amounts which were
8erroneously paid to a different taxing body, and not including
9an amount equal to the amount of refunds made during the second
10preceding calendar month by the Department, and not including
11any amount which the Department determines is necessary to
12offset any amounts which are payable to a different taxing body
13but were erroneously paid to the municipality or county, and
14not including any amounts that are transferred to the STAR
15Bonds Revenue Fund. Within 10 days after receipt, by the
16Comptroller, of the disbursement certification to the
17municipalities and counties, provided for in this Section to be
18given to the Comptroller by the Department, the Comptroller
19shall cause the orders to be drawn for the respective amounts
20in accordance with the directions contained in such
21certification.
22    When certifying the amount of monthly disbursement to a
23municipality or county under this Section, the Department shall
24increase or decrease that amount by an amount necessary to
25offset any misallocation of previous disbursements. The offset
26amount shall be the amount erroneously disbursed within the 6

 

 

HB3076- 5 -LRB101 10105 HLH 55208 b

1months preceding the time a misallocation is discovered.
2    The provisions directing the distributions from the
3special fund in the State Treasury provided for in this Section
4shall constitute an irrevocable and continuing appropriation
5of all amounts as provided herein. The State Treasurer and
6State Comptroller are hereby authorized to make distributions
7as provided in this Section.
8    In construing any development, redevelopment, annexation,
9preannexation or other lawful agreement in effect prior to
10September 1, 1990, which describes or refers to receipts from a
11county or municipal retailers' occupation tax, use tax or
12service occupation tax which now cannot be imposed, such
13description or reference shall be deemed to include the
14replacement revenue for such abolished taxes, distributed from
15the Local Government Tax Fund.
16    As soon as possible after the effective date of this
17amendatory Act of the 98th General Assembly, the State
18Comptroller shall order and the State Treasurer shall transfer
19$6,600,000 from the Local Government Tax Fund to the Illinois
20State Medical Disciplinary Fund.
21(Source: P.A. 100-1171, eff. 1-4-19.)
 
22    (30 ILCS 105/6z-20)  (from Ch. 127, par. 142z-20)
23    Sec. 6z-20. County and Mass Transit District Fund. Of the
24money received from the 6.25% general rate (and, beginning July
251, 2000 and through December 31, 2000, the 1.25% rate on motor

 

 

HB3076- 6 -LRB101 10105 HLH 55208 b

1fuel and gasohol, and beginning on August 6, 2010 through
2August 15, 2010, and beginning again from August 2, 2019
3through August 11, 2019, the 1.25% rate on sales tax holiday
4items) on sales subject to taxation under the Retailers'
5Occupation Tax Act and Service Occupation Tax Act and paid into
6the County and Mass Transit District Fund, distribution to the
7Regional Transportation Authority tax fund, created pursuant
8to Section 4.03 of the Regional Transportation Authority Act,
9for deposit therein shall be made based upon the retail sales
10occurring in a county having more than 3,000,000 inhabitants.
11The remainder shall be distributed to each county having
123,000,000 or fewer inhabitants based upon the retail sales
13occurring in each such county.
14    For the purpose of determining allocation to the local
15government unit, a retail sale by a producer of coal or other
16mineral mined in Illinois is a sale at retail at the place
17where the coal or other mineral mined in Illinois is extracted
18from the earth. This paragraph does not apply to coal or other
19mineral when it is delivered or shipped by the seller to the
20purchaser at a point outside Illinois so that the sale is
21exempt under the United States Constitution as a sale in
22interstate or foreign commerce.
23    Of the money received from the 6.25% general use tax rate
24on tangible personal property which is purchased outside
25Illinois at retail from a retailer and which is titled or
26registered by any agency of this State's government and paid

 

 

HB3076- 7 -LRB101 10105 HLH 55208 b

1into the County and Mass Transit District Fund, the amount for
2which Illinois addresses for titling or registration purposes
3are given as being in each county having more than 3,000,000
4inhabitants shall be distributed into the Regional
5Transportation Authority tax fund, created pursuant to Section
64.03 of the Regional Transportation Authority Act. The
7remainder of the money paid from such sales shall be
8distributed to each county based on sales for which Illinois
9addresses for titling or registration purposes are given as
10being located in the county. Any money paid into the Regional
11Transportation Authority Occupation and Use Tax Replacement
12Fund from the County and Mass Transit District Fund prior to
13January 14, 1991, which has not been paid to the Authority
14prior to that date, shall be transferred to the Regional
15Transportation Authority tax fund.
16    Whenever the Department determines that a refund of money
17paid into the County and Mass Transit District Fund should be
18made to a claimant instead of issuing a credit memorandum, the
19Department shall notify the State Comptroller, who shall cause
20the order to be drawn for the amount specified, and to the
21person named, in such notification from the Department. Such
22refund shall be paid by the State Treasurer out of the County
23and Mass Transit District Fund.
24    As soon as possible after the first day of each month,
25beginning January 1, 2011, upon certification of the Department
26of Revenue, the Comptroller shall order transferred, and the

 

 

HB3076- 8 -LRB101 10105 HLH 55208 b

1Treasurer shall transfer, to the STAR Bonds Revenue Fund the
2local sales tax increment, as defined in the Innovation
3Development and Economy Act, collected during the second
4preceding calendar month for sales within a STAR bond district
5and deposited into the County and Mass Transit District Fund,
6less 3% of that amount, which shall be transferred into the Tax
7Compliance and Administration Fund and shall be used by the
8Department, subject to appropriation, to cover the costs of the
9Department in administering the Innovation Development and
10Economy Act.
11    After the monthly transfer to the STAR Bonds Revenue Fund,
12on or before the 25th day of each calendar month, the
13Department shall prepare and certify to the Comptroller the
14disbursement of stated sums of money to the Regional
15Transportation Authority and to named counties, the counties to
16be those entitled to distribution, as hereinabove provided, of
17taxes or penalties paid to the Department during the second
18preceding calendar month. The amount to be paid to the Regional
19Transportation Authority and each county having 3,000,000 or
20fewer inhabitants shall be the amount (not including credit
21memoranda) collected during the second preceding calendar
22month by the Department and paid into the County and Mass
23Transit District Fund, plus an amount the Department determines
24is necessary to offset any amounts which were erroneously paid
25to a different taxing body, and not including an amount equal
26to the amount of refunds made during the second preceding

 

 

HB3076- 9 -LRB101 10105 HLH 55208 b

1calendar month by the Department, and not including any amount
2which the Department determines is necessary to offset any
3amounts which were payable to a different taxing body but were
4erroneously paid to the Regional Transportation Authority or
5county, and not including any amounts that are transferred to
6the STAR Bonds Revenue Fund, less 1.5% of the amount to be paid
7to the Regional Transportation Authority, which shall be
8transferred into the Tax Compliance and Administration Fund.
9The Department, at the time of each monthly disbursement to the
10Regional Transportation Authority, shall prepare and certify
11to the State Comptroller the amount to be transferred into the
12Tax Compliance and Administration Fund under this Section.
13Within 10 days after receipt, by the Comptroller, of the
14disbursement certification to the Regional Transportation
15Authority, counties, and the Tax Compliance and Administration
16Fund provided for in this Section to be given to the
17Comptroller by the Department, the Comptroller shall cause the
18orders to be drawn for the respective amounts in accordance
19with the directions contained in such certification.
20    When certifying the amount of a monthly disbursement to the
21Regional Transportation Authority or to a county under this
22Section, the Department shall increase or decrease that amount
23by an amount necessary to offset any misallocation of previous
24disbursements. The offset amount shall be the amount
25erroneously disbursed within the 6 months preceding the time a
26misallocation is discovered.

 

 

HB3076- 10 -LRB101 10105 HLH 55208 b

1    The provisions directing the distributions from the
2special fund in the State Treasury provided for in this Section
3and from the Regional Transportation Authority tax fund created
4by Section 4.03 of the Regional Transportation Authority Act
5shall constitute an irrevocable and continuing appropriation
6of all amounts as provided herein. The State Treasurer and
7State Comptroller are hereby authorized to make distributions
8as provided in this Section.
9    In construing any development, redevelopment, annexation,
10preannexation or other lawful agreement in effect prior to
11September 1, 1990, which describes or refers to receipts from a
12county or municipal retailers' occupation tax, use tax or
13service occupation tax which now cannot be imposed, such
14description or reference shall be deemed to include the
15replacement revenue for such abolished taxes, distributed from
16the County and Mass Transit District Fund or Local Government
17Distributive Fund, as the case may be.
18(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
19    Section 10. The Use Tax Act is amended by changing Section
203-10 as follows:
 
21    (35 ILCS 105/3-10)
22    Sec. 3-10. Rate of tax. Unless otherwise provided in this
23Section, the tax imposed by this Act is at the rate of 6.25% of
24either the selling price or the fair market value, if any, of

 

 

HB3076- 11 -LRB101 10105 HLH 55208 b

1the tangible personal property. In all cases where property
2functionally used or consumed is the same as the property that
3was purchased at retail, then the tax is imposed on the selling
4price of the property. In all cases where property functionally
5used or consumed is a by-product or waste product that has been
6refined, manufactured, or produced from property purchased at
7retail, then the tax is imposed on the lower of the fair market
8value, if any, of the specific property so used in this State
9or on the selling price of the property purchased at retail.
10For purposes of this Section "fair market value" means the
11price at which property would change hands between a willing
12buyer and a willing seller, neither being under any compulsion
13to buy or sell and both having reasonable knowledge of the
14relevant facts. The fair market value shall be established by
15Illinois sales by the taxpayer of the same property as that
16functionally used or consumed, or if there are no such sales by
17the taxpayer, then comparable sales or purchases of property of
18like kind and character in Illinois.
19    Beginning on July 1, 2000 and through December 31, 2000,
20with respect to motor fuel, as defined in Section 1.1 of the
21Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
22the Use Tax Act, the tax is imposed at the rate of 1.25%.
23    Beginning on August 6, 2010 through August 15, 2010, and
24beginning again from August 2, 2019 through August 11, 2019,
25with respect to sales tax holiday items as defined in Section
263-6 of this Act, the tax is imposed at the rate of 1.25%.

 

 

HB3076- 12 -LRB101 10105 HLH 55208 b

1    With respect to gasohol, the tax imposed by this Act
2applies to (i) 70% of the proceeds of sales made on or after
3January 1, 1990, and before July 1, 2003, (ii) 80% of the
4proceeds of sales made on or after July 1, 2003 and on or
5before July 1, 2017, and (iii) 100% of the proceeds of sales
6made thereafter. If, at any time, however, the tax under this
7Act on sales of gasohol is imposed at the rate of 1.25%, then
8the tax imposed by this Act applies to 100% of the proceeds of
9sales of gasohol made during that time.
10    With respect to majority blended ethanol fuel, the tax
11imposed by this Act does not apply to the proceeds of sales
12made on or after July 1, 2003 and on or before December 31,
132023 but applies to 100% of the proceeds of sales made
14thereafter.
15    With respect to biodiesel blends with no less than 1% and
16no more than 10% biodiesel, the tax imposed by this Act applies
17to (i) 80% of the proceeds of sales made on or after July 1,
182003 and on or before December 31, 2018 and (ii) 100% of the
19proceeds of sales made thereafter. If, at any time, however,
20the tax under this Act on sales of biodiesel blends with no
21less than 1% and no more than 10% biodiesel is imposed at the
22rate of 1.25%, then the tax imposed by this Act applies to 100%
23of the proceeds of sales of biodiesel blends with no less than
241% and no more than 10% biodiesel made during that time.
25    With respect to 100% biodiesel and biodiesel blends with
26more than 10% but no more than 99% biodiesel, the tax imposed

 

 

HB3076- 13 -LRB101 10105 HLH 55208 b

1by this Act does not apply to the proceeds of sales made on or
2after July 1, 2003 and on or before December 31, 2023 but
3applies to 100% of the proceeds of sales made thereafter.
4    With respect to food for human consumption that is to be
5consumed off the premises where it is sold (other than
6alcoholic beverages, soft drinks, and food that has been
7prepared for immediate consumption) and prescription and
8nonprescription medicines, drugs, medical appliances, products
9classified as Class III medical devices by the United States
10Food and Drug Administration that are used for cancer treatment
11pursuant to a prescription, as well as any accessories and
12components related to those devices, modifications to a motor
13vehicle for the purpose of rendering it usable by a person with
14a disability, and insulin, urine testing materials, syringes,
15and needles used by diabetics, for human use, the tax is
16imposed at the rate of 1%. For the purposes of this Section,
17until September 1, 2009: the term "soft drinks" means any
18complete, finished, ready-to-use, non-alcoholic drink, whether
19carbonated or not, including but not limited to soda water,
20cola, fruit juice, vegetable juice, carbonated water, and all
21other preparations commonly known as soft drinks of whatever
22kind or description that are contained in any closed or sealed
23bottle, can, carton, or container, regardless of size; but
24"soft drinks" does not include coffee, tea, non-carbonated
25water, infant formula, milk or milk products as defined in the
26Grade A Pasteurized Milk and Milk Products Act, or drinks

 

 

HB3076- 14 -LRB101 10105 HLH 55208 b

1containing 50% or more natural fruit or vegetable juice.
2    Notwithstanding any other provisions of this Act,
3beginning September 1, 2009, "soft drinks" means non-alcoholic
4beverages that contain natural or artificial sweeteners. "Soft
5drinks" do not include beverages that contain milk or milk
6products, soy, rice or similar milk substitutes, or greater
7than 50% of vegetable or fruit juice by volume.
8    Until August 1, 2009, and notwithstanding any other
9provisions of this Act, "food for human consumption that is to
10be consumed off the premises where it is sold" includes all
11food sold through a vending machine, except soft drinks and
12food products that are dispensed hot from a vending machine,
13regardless of the location of the vending machine. Beginning
14August 1, 2009, and notwithstanding any other provisions of
15this Act, "food for human consumption that is to be consumed
16off the premises where it is sold" includes all food sold
17through a vending machine, except soft drinks, candy, and food
18products that are dispensed hot from a vending machine,
19regardless of the location of the vending machine.
20    Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "food for human consumption that
22is to be consumed off the premises where it is sold" does not
23include candy. For purposes of this Section, "candy" means a
24preparation of sugar, honey, or other natural or artificial
25sweeteners in combination with chocolate, fruits, nuts or other
26ingredients or flavorings in the form of bars, drops, or

 

 

HB3076- 15 -LRB101 10105 HLH 55208 b

1pieces. "Candy" does not include any preparation that contains
2flour or requires refrigeration.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "nonprescription medicines and
5drugs" does not include grooming and hygiene products. For
6purposes of this Section, "grooming and hygiene products"
7includes, but is not limited to, soaps and cleaning solutions,
8shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
9lotions and screens, unless those products are available by
10prescription only, regardless of whether the products meet the
11definition of "over-the-counter-drugs". For the purposes of
12this paragraph, "over-the-counter-drug" means a drug for human
13use that contains a label that identifies the product as a drug
14as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
15label includes:
16        (A) A "Drug Facts" panel; or
17        (B) A statement of the "active ingredient(s)" with a
18    list of those ingredients contained in the compound,
19    substance or preparation.
20    Beginning on the effective date of this amendatory Act of
21the 98th General Assembly, "prescription and nonprescription
22medicines and drugs" includes medical cannabis purchased from a
23registered dispensing organization under the Compassionate Use
24of Medical Cannabis Pilot Program Act.
25    If the property that is purchased at retail from a retailer
26is acquired outside Illinois and used outside Illinois before

 

 

HB3076- 16 -LRB101 10105 HLH 55208 b

1being brought to Illinois for use here and is taxable under
2this Act, the "selling price" on which the tax is computed
3shall be reduced by an amount that represents a reasonable
4allowance for depreciation for the period of prior out-of-state
5use.
6(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
7100-22, eff. 7-6-17.)
 
8    Section 15. The Retailers' Occupation Tax Act is amended by
9changing Section 2-10 as follows:
 
10    (35 ILCS 120/2-10)
11    Sec. 2-10. Rate of tax. Unless otherwise provided in this
12Section, the tax imposed by this Act is at the rate of 6.25% of
13gross receipts from sales of tangible personal property made in
14the course of business.
15    Beginning on July 1, 2000 and through December 31, 2000,
16with respect to motor fuel, as defined in Section 1.1 of the
17Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
18the Use Tax Act, the tax is imposed at the rate of 1.25%.
19    Beginning on August 6, 2010 through August 15, 2010, and
20beginning again from August 2, 2019 through August 11, 2019,
21with respect to sales tax holiday items as defined in Section
222-8 of this Act, the tax is imposed at the rate of 1.25%.
23    Within 14 days after the effective date of this amendatory
24Act of the 91st General Assembly, each retailer of motor fuel

 

 

HB3076- 17 -LRB101 10105 HLH 55208 b

1and gasohol shall cause the following notice to be posted in a
2prominently visible place on each retail dispensing device that
3is used to dispense motor fuel or gasohol in the State of
4Illinois: "As of July 1, 2000, the State of Illinois has
5eliminated the State's share of sales tax on motor fuel and
6gasohol through December 31, 2000. The price on this pump
7should reflect the elimination of the tax." The notice shall be
8printed in bold print on a sign that is no smaller than 4
9inches by 8 inches. The sign shall be clearly visible to
10customers. Any retailer who fails to post or maintain a
11required sign through December 31, 2000 is guilty of a petty
12offense for which the fine shall be $500 per day per each
13retail premises where a violation occurs.
14    With respect to gasohol, as defined in the Use Tax Act, the
15tax imposed by this Act applies to (i) 70% of the proceeds of
16sales made on or after January 1, 1990, and before July 1,
172003, (ii) 80% of the proceeds of sales made on or after July
181, 2003 and on or before July 1, 2017, and (iii) 100% of the
19proceeds of sales made thereafter. If, at any time, however,
20the tax under this Act on sales of gasohol, as defined in the
21Use Tax Act, is imposed at the rate of 1.25%, then the tax
22imposed by this Act applies to 100% of the proceeds of sales of
23gasohol made during that time.
24    With respect to majority blended ethanol fuel, as defined
25in the Use Tax Act, the tax imposed by this Act does not apply
26to the proceeds of sales made on or after July 1, 2003 and on or

 

 

HB3076- 18 -LRB101 10105 HLH 55208 b

1before December 31, 2023 but applies to 100% of the proceeds of
2sales made thereafter.
3    With respect to biodiesel blends, as defined in the Use Tax
4Act, with no less than 1% and no more than 10% biodiesel, the
5tax imposed by this Act applies to (i) 80% of the proceeds of
6sales made on or after July 1, 2003 and on or before December
731, 2018 and (ii) 100% of the proceeds of sales made
8thereafter. If, at any time, however, the tax under this Act on
9sales of biodiesel blends, as defined in the Use Tax Act, with
10no less than 1% and no more than 10% biodiesel is imposed at
11the rate of 1.25%, then the tax imposed by this Act applies to
12100% of the proceeds of sales of biodiesel blends with no less
13than 1% and no more than 10% biodiesel made during that time.
14    With respect to 100% biodiesel, as defined in the Use Tax
15Act, and biodiesel blends, as defined in the Use Tax Act, with
16more than 10% but no more than 99% biodiesel, the tax imposed
17by this Act does not apply to the proceeds of sales made on or
18after July 1, 2003 and on or before December 31, 2023 but
19applies to 100% of the proceeds of sales made thereafter.
20    With respect to food for human consumption that is to be
21consumed off the premises where it is sold (other than
22alcoholic beverages, soft drinks, and food that has been
23prepared for immediate consumption) and prescription and
24nonprescription medicines, drugs, medical appliances, products
25classified as Class III medical devices by the United States
26Food and Drug Administration that are used for cancer treatment

 

 

HB3076- 19 -LRB101 10105 HLH 55208 b

1pursuant to a prescription, as well as any accessories and
2components related to those devices, modifications to a motor
3vehicle for the purpose of rendering it usable by a person with
4a disability, and insulin, urine testing materials, syringes,
5and needles used by diabetics, for human use, the tax is
6imposed at the rate of 1%. For the purposes of this Section,
7until September 1, 2009: the term "soft drinks" means any
8complete, finished, ready-to-use, non-alcoholic drink, whether
9carbonated or not, including but not limited to soda water,
10cola, fruit juice, vegetable juice, carbonated water, and all
11other preparations commonly known as soft drinks of whatever
12kind or description that are contained in any closed or sealed
13bottle, can, carton, or container, regardless of size; but
14"soft drinks" does not include coffee, tea, non-carbonated
15water, infant formula, milk or milk products as defined in the
16Grade A Pasteurized Milk and Milk Products Act, or drinks
17containing 50% or more natural fruit or vegetable juice.
18    Notwithstanding any other provisions of this Act,
19beginning September 1, 2009, "soft drinks" means non-alcoholic
20beverages that contain natural or artificial sweeteners. "Soft
21drinks" do not include beverages that contain milk or milk
22products, soy, rice or similar milk substitutes, or greater
23than 50% of vegetable or fruit juice by volume.
24    Until August 1, 2009, and notwithstanding any other
25provisions of this Act, "food for human consumption that is to
26be consumed off the premises where it is sold" includes all

 

 

HB3076- 20 -LRB101 10105 HLH 55208 b

1food sold through a vending machine, except soft drinks and
2food products that are dispensed hot from a vending machine,
3regardless of the location of the vending machine. Beginning
4August 1, 2009, and notwithstanding any other provisions of
5this Act, "food for human consumption that is to be consumed
6off the premises where it is sold" includes all food sold
7through a vending machine, except soft drinks, candy, and food
8products that are dispensed hot from a vending machine,
9regardless of the location of the vending machine.
10    Notwithstanding any other provisions of this Act,
11beginning September 1, 2009, "food for human consumption that
12is to be consumed off the premises where it is sold" does not
13include candy. For purposes of this Section, "candy" means a
14preparation of sugar, honey, or other natural or artificial
15sweeteners in combination with chocolate, fruits, nuts or other
16ingredients or flavorings in the form of bars, drops, or
17pieces. "Candy" does not include any preparation that contains
18flour or requires refrigeration.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "nonprescription medicines and
21drugs" does not include grooming and hygiene products. For
22purposes of this Section, "grooming and hygiene products"
23includes, but is not limited to, soaps and cleaning solutions,
24shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
25lotions and screens, unless those products are available by
26prescription only, regardless of whether the products meet the

 

 

HB3076- 21 -LRB101 10105 HLH 55208 b

1definition of "over-the-counter-drugs". For the purposes of
2this paragraph, "over-the-counter-drug" means a drug for human
3use that contains a label that identifies the product as a drug
4as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
5label includes:
6        (A) A "Drug Facts" panel; or
7        (B) A statement of the "active ingredient(s)" with a
8    list of those ingredients contained in the compound,
9    substance or preparation.
10    Beginning on the effective date of this amendatory Act of
11the 98th General Assembly, "prescription and nonprescription
12medicines and drugs" includes medical cannabis purchased from a
13registered dispensing organization under the Compassionate Use
14of Medical Cannabis Pilot Program Act.
15(Source: P.A. 99-143, eff. 7-27-15; 99-858, eff. 8-19-16;
16100-22, eff. 7-6-17.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.