Full Text of SB1429 95th General Assembly
SB1429sam004 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/23/2007
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| AMENDMENT TO SENATE BILL 1429
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| AMENDMENT NO. ______. Amend Senate Bill 1429 as follows:
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| on page 333, immediately below line 26, by inserting the | 4 |
| following: | 5 |
| " Subject to payment of amounts into the Build Illinois | 6 |
| Fund, the McCormick Place Expansion Project Fund, and the | 7 |
| Energy Infrastructure Fund, pursuant to the preceding | 8 |
| paragraphs or in any amendments thereto hereafter enacted, | 9 |
| beginning on February 1, 2008 the Department shall each month | 10 |
| pay into the Municipality and Local Government Reimbursement | 11 |
| Fund from the net revenue realized for the preceding month 1/12 | 12 |
| of $11,400,000, which amount is attributable to the change in | 13 |
| the definition of "soft drinks" made by the amendatory Act of | 14 |
| 95th General Assembly. "; and | 15 |
| on page 383, line 15, after "8-11-6b,", by inserting | 16 |
| "8-11-21,"; and |
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| on page 445, immediately below line 1, by inserting the | 2 |
| following:
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| "(65 ILCS 5/8-11-21)
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| Sec. 8-11-21. Agreements to share or rebate occupation | 5 |
| taxes.
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| (a) On and after
June 1, 2004, the corporate authorities of | 7 |
| a municipality shall
not enter into any agreement to share or | 8 |
| rebate
any
portion of retailers' occupation taxes generated by | 9 |
| retail sales of tangible
personal
property if: (1) the tax on | 10 |
| those retail sales, absent the agreement,
would have been paid | 11 |
| to another unit of local government; and (2) the
retailer | 12 |
| maintains, within that other unit of local government, a
retail | 13 |
| location from which the tangible personal property is delivered | 14 |
| to
purchasers, or a warehouse from which the tangible personal | 15 |
| property is
delivered to purchasers. Any unit of local | 16 |
| government
denied retailers' occupation tax revenue because of | 17 |
| an agreement that violates
this Section may file an action in | 18 |
| circuit court against only the municipality.
Any agreement | 19 |
| entered into prior to
June 1,
2004 is not affected by this | 20 |
| amendatory Act of the 93rd General Assembly.
Any unit of
local | 21 |
| government that prevails in the circuit court action is | 22 |
| entitled to
damages in
the amount of the tax revenue it was | 23 |
| denied as a result of the agreement,
statutory interest, costs, | 24 |
| reasonable attorney's fees, and an amount equal to
50% of the
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| tax.
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| (b) On and after the effective date of this amendatory Act | 3 |
| of the 93rd
General Assembly, a home rule unit shall not enter | 4 |
| into any agreement
prohibited
by this Section. This Section is | 5 |
| a denial and limitation of home rule powers
and
functions under | 6 |
| subsection (g) of Section 6 of Article VII of the Illinois
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| Constitution.
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| (c) Moneys in the Municipality and Local Government | 9 |
| Reimbursement Fund may be used only by the Department of | 10 |
| Revenue to reimburse municipalities that have entered into | 11 |
| agreements to share or rebate a portion of the retailers' | 12 |
| occupation tax for the revenue that the municipalities would | 13 |
| have received from those agreements but have lost because of | 14 |
| the changes made in the sourcing of sales under subsection (c) | 15 |
| of Section 2 of the Retailers' Occupation Tax Act, which were | 16 |
| made in order for Illinois use and occupation tax laws to | 17 |
| comply with the Streamlined Sales and Use Tax Agreement. The | 18 |
| moneys from the Fund shall be available to those municipalities | 19 |
| to replace the lost revenue and to fulfill agreements made to | 20 |
| share or rebate a portion of the retailers' occupation tax. | 21 |
| Municipalities with incentive agreements shall receive | 22 |
| reimbursement by application to the Department of Revenue in | 23 |
| the form and manner that the Department requires by rule.
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| (Source: P.A. 93-920, eff. 8-12-04.)".
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