093_HB0238 LRB093 02641 SJM 02651 b 1 AN ACT regarding taxation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Use Tax Act is amended by adding Section 5 3b as follows: 6 (35 ILCS 105/3b new) 7 Sec. 3b. Tax holiday for clothing and footwear. 8 (a) Notwithstanding any other provision to the contrary, 9 no tax shall be imposed under this Act upon the privilege of 10 using in this State an individual item of clothing or 11 footwear designed to be worn about the human body purchased 12 at retail from a retailer if that item of clothing or that 13 footwear (i) is purchased for a selling price of $200 or less 14 and (ii) is purchased from 12:01 a.m. on the first Friday in 15 August through midnight of the Sunday that follows 9 days 16 later. Any discount, coupon, or other credit offered either 17 by the retailer or by a vendor of the retailer to reduce the 18 final price to the customer shall be taken into account in 19 determining the selling price of the item for purposes of 20 this holiday. 21 (b) A unit of local government may, by ordinance adopted 22 by that unit of local government, opt out of the tax holiday 23 imposed by this Section and continue to collect and remit the 24 tax imposed under this Act during the tax holiday period. 25 (c) Articles that are normally sold as a unit must 26 continue to be sold in that manner; they cannot be priced 27 separately and sold as individual items in order to be 28 subject to the holiday. For example, if a pair of shoes 29 sells for $250, the pair cannot be split in order to sell 30 each shoe for $125 to qualify for the holiday. If a suit is 31 normally priced at $250 on a single price tag, the suit -2- LRB093 02641 SJM 02651 b 1 cannot be split into separate articles so that any of the 2 components may be sold for less than $200 in order to qualify 3 for the holiday. However, components that are normally 4 priced as separate articles may continue to be sold as 5 separate articles and qualify for the holiday if the price of 6 an article is less than $200. 7 Section 10. The Retailers' Occupation Tax Act is amended 8 by adding Section 2-75 as follows: 9 (35 ILCS 120/2-75 new) 10 Sec. 2-75. Tax holiday for clothing and footwear. 11 (a) Notwithstanding any other provision to the contrary, 12 no tax shall be imposed under this Act upon persons engaged 13 in the business of selling at retail an individual item of 14 clothing or footwear designed to be worn about the human body 15 if that item of clothing or that footwear (i) is purchased 16 for a selling price of $200 or less and (ii) is purchased 17 from 12:01 a.m. on the first Friday in August through 18 midnight of the Sunday that follows 9 days later. Any 19 discount, coupon, or other credit offered either by the 20 retailer or by a vendor of the retailer to reduce the final 21 price to the customer shall be taken into account in 22 determining the selling price of the item for purposes of 23 this holiday. 24 (b) A unit of local government may, by ordinance adopted 25 by that unit of local government, opt out of the tax holiday 26 imposed by this Section and continue to collect and remit the 27 tax imposed under this Act during the tax holiday period. 28 (c) Articles that are normally sold as a unit must 29 continue to be sold in that manner; they cannot be priced 30 separately and sold as individual items in order to be 31 subject to the holiday. For example, if a pair of shoes 32 sells for $250, the pair cannot be split in order to sell -3- LRB093 02641 SJM 02651 b 1 each shoe for $125 to qualify for the holiday. If a suit is 2 normally priced at $250 on a single price tag, the suit 3 cannot be split into separate articles so that any of the 4 components may be sold for less than $200 in order to qualify 5 for the holiday. However, components that are normally 6 priced as separate articles may continue to be sold as 7 separate articles and qualify for the holiday if the price of 8 an article is less than $200. 9 Section 90. The State Mandates Act is amended by adding 10 Section 8.27 as follows: 11 (30 ILCS 805/8.27 new) 12 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 13 and 8 of this Act, no reimbursement by the State is required 14 for the implementation of any mandate created by this 15 amendatory Act of the 93rd General Assembly. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.