HB5658 96TH GENERAL ASSEMBLY

LRB096 19324 RLJ 34715 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5658

Introduced 2/9/2010, by Rep. Tom Cross - Michael G. Connelly

SYNOPSIS AS INTRODUCED:

65 ILCS 5/8-11-3

from Ch. 24, par. 8-11-3

Amends the Illinois Municipal Code. Makes a technical change in a Section concerning municipal cigarette taxes.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Section 8-11-3 as follows:

(65 ILCS 5/8-11-3) (from Ch. 24, par. 8-11-3)

Sec. 8-11-3. The The corporate authorities of any municipality may tax persons engaged in the business of selling cigarettes at retail, at a rate of not exceeding one cent per package of 20 cigarettes and may provide for the administration and enforcement of such tax, and for the collection thereof from the persons subject to the tax, or their suppliers, or from taxpayers and suppliers, as the corporate authorities determine to be necessary or practicable for the effective administration of the tax.

The tax herein authorized may not be levied during any period in which there is in force a municipal retailers' occupation tax levied under authority of Section 8-11-1. The adoption of a municipal retailers' occupation tax shall not, however, affect liabilities, obligations and penalties incurred by any persons pursuant to an ordinance or resolution imposing a cigarette tax under this Section 8-11-3 and providing for its administration and enforcement, in respect to any period during which the cigarette tax has been in effect. Nor shall any suit, action or remedy instituted or authorized under the cigarette tax ordinance or resolution be abated or otherwise affected by the adoption of a municipal retailers' occupation tax ordinance or resolution.

(Source: Laws 1961, p. 576.)