Illinois General Assembly - Full Text of HB0745
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Full Text of HB0745  99th General Assembly

HB0745sam001 99TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 7/30/2015

 

 


 

 


 
09900HB0745sam001LRB099 04556 AWJ 37178 a

1
AMENDMENT TO HOUSE BILL 745

2    AMENDMENT NO. ______. Amend House Bill 745 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Metropolitan Pier and Exposition Authority
5Act is amended by changing Sections 13 and 13.2 as follows:
 
6    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
7    Sec. 13. (a) The Authority shall not have power to levy
8taxes for any purpose, except as provided in subsections (b),
9(c), (d), (e), and (f).
10    (b) By ordinance the Authority shall, as soon as
11practicable after the effective date of this amendatory Act of
121991, impose a Metropolitan Pier and Exposition Authority
13Retailers' Occupation Tax upon all persons engaged in the
14business of selling tangible personal property at retail within
15the territory described in this subsection at the rate of 1.0%
16of the gross receipts (i) from the sale of food, alcoholic

 

 

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1beverages, and soft drinks sold for consumption on the premises
2where sold and (ii) from the sale of food, alcoholic beverages,
3and soft drinks sold for consumption off the premises where
4sold by a retailer whose principal source of gross receipts is
5from the sale of food, alcoholic beverages, and soft drinks
6prepared for immediate consumption.
7    The tax imposed under this subsection and all civil
8penalties that may be assessed as an incident to that tax shall
9be collected and enforced by the Illinois Department of
10Revenue. The Department shall have full power to administer and
11enforce this subsection, to collect all taxes and penalties so
12collected in the manner provided in this subsection, and to
13determine all rights to credit memoranda arising on account of
14the erroneous payment of tax or penalty under this subsection.
15In the administration of and compliance with this subsection,
16the Department and persons who are subject to this subsection
17shall have the same rights, remedies, privileges, immunities,
18powers, and duties, shall be subject to the same conditions,
19restrictions, limitations, penalties, exclusions, exemptions,
20and definitions of terms, and shall employ the same modes of
21procedure applicable to this Retailers' Occupation Tax as are
22prescribed in Sections 1, 2 through 2-65 (in respect to all
23provisions of those Sections other than the State rate of
24taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
25and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
265j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January

 

 

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11, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
2after January 1, 1994, all applicable provisions of the Uniform
3Penalty and Interest Act that are not inconsistent with this
4Act, as fully as if provisions contained in those Sections of
5the Retailers' Occupation Tax Act were set forth in this
6subsection.
7    Persons subject to any tax imposed under the authority
8granted in this subsection may reimburse themselves for their
9seller's tax liability under this subsection by separately
10stating that tax as an additional charge, which charge may be
11stated in combination, in a single amount, with State taxes
12that sellers are required to collect under the Use Tax Act,
13pursuant to bracket schedules as the Department may prescribe.
14The retailer filing the return shall, at the time of filing the
15return, pay to the Department the amount of tax imposed under
16this subsection, less a discount of 1.75%, which is allowed to
17reimburse the retailer for the expenses incurred in keeping
18records, preparing and filing returns, remitting the tax, and
19supplying data to the Department on request.
20    Whenever the Department determines that a refund should be
21made under this subsection to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause a warrant to be drawn for the
24amount specified and to the person named in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Metropolitan Pier and Exposition Authority

 

 

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1trust fund held by the State Treasurer as trustee for the
2Authority.
3    Nothing in this subsection authorizes the Authority to
4impose a tax upon the privilege of engaging in any business
5that under the Constitution of the United States may not be
6made the subject of taxation by this State.
7    The Department shall forthwith pay over to the State
8Treasurer, ex officio, as trustee for the Authority, all taxes
9and penalties collected under this subsection for deposit into
10a trust fund held outside of the State Treasury.
11    As soon as possible after the first day of each month,
12beginning January 1, 2011, upon certification of the Department
13of Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15local sales tax increment, as defined in the Innovation
16Development and Economy Act, collected under this subsection
17during the second preceding calendar month for sales within a
18STAR bond district.
19    After the monthly transfer to the STAR Bonds Revenue Fund,
20on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22amounts to be paid under subsection (g) of this Section, which
23shall be the amounts, not including credit memoranda, collected
24under this subsection during the second preceding calendar
25month by the Department, less any amounts determined by the
26Department to be necessary for the payment of refunds, less 2%

 

 

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1of such balance, which sum shall be deposited by the State
2Treasurer into the Tax Compliance and Administration Fund in
3the State Treasury from which it shall be appropriated to the
4Department to cover the costs of the Department in
5administering and enforcing the provisions of this subsection,
6and less any amounts that are transferred to the STAR Bonds
7Revenue Fund. Within 10 days after receipt by the Comptroller
8of the certification, the Comptroller shall cause the orders to
9be drawn for the remaining amounts, and the Treasurer shall
10administer those amounts as required in subsection (g).
11    A certificate of registration issued by the Illinois
12Department of Revenue to a retailer under the Retailers'
13Occupation Tax Act shall permit the registrant to engage in a
14business that is taxed under the tax imposed under this
15subsection, and no additional registration shall be required
16under the ordinance imposing the tax or under this subsection.
17    A certified copy of any ordinance imposing or discontinuing
18any tax under this subsection or effecting a change in the rate
19of that tax shall be filed with the Department, whereupon the
20Department shall proceed to administer and enforce this
21subsection on behalf of the Authority as of the first day of
22the third calendar month following the date of filing.
23    The tax authorized to be levied under this subsection may
24be levied within all or any part of the following described
25portions of the metropolitan area:
26        (1) that portion of the City of Chicago located within

 

 

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1    the following area: Beginning at the point of intersection
2    of the Cook County - DuPage County line and York Road, then
3    North along York Road to its intersection with Touhy
4    Avenue, then east along Touhy Avenue to its intersection
5    with the Northwest Tollway, then southeast along the
6    Northwest Tollway to its intersection with Lee Street, then
7    south along Lee Street to Higgins Road, then south and east
8    along Higgins Road to its intersection with Mannheim Road,
9    then south along Mannheim Road to its intersection with
10    Irving Park Road, then west along Irving Park Road to its
11    intersection with the Cook County - DuPage County line,
12    then north and west along the county line to the point of
13    beginning; and
14        (2) that portion of the City of Chicago located within
15    the following area: Beginning at the intersection of West
16    55th Street with Central Avenue, then east along West 55th
17    Street to its intersection with South Cicero Avenue, then
18    south along South Cicero Avenue to its intersection with
19    West 63rd Street, then west along West 63rd Street to its
20    intersection with South Central Avenue, then north along
21    South Central Avenue to the point of beginning; and
22        (3) that portion of the City of Chicago located within
23    the following area: Beginning at the point 150 feet west of
24    the intersection of the west line of North Ashland Avenue
25    and the north line of West Diversey Avenue, then north 150
26    feet, then east along a line 150 feet north of the north

 

 

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1    line of West Diversey Avenue extended to the shoreline of
2    Lake Michigan, then following the shoreline of Lake
3    Michigan (including Navy Pier and all other improvements
4    fixed to land, docks, or piers) to the point where the
5    shoreline of Lake Michigan and the Adlai E. Stevenson
6    Expressway extended east to that shoreline intersect, then
7    west along the Adlai E. Stevenson Expressway to a point 150
8    feet west of the west line of South Ashland Avenue, then
9    north along a line 150 feet west of the west line of South
10    and North Ashland Avenue to the point of beginning.
11    The tax authorized to be levied under this subsection may
12also be levied on food, alcoholic beverages, and soft drinks
13sold on boats and other watercraft departing from and returning
14to the shoreline of Lake Michigan (including Navy Pier and all
15other improvements fixed to land, docks, or piers) described in
16item (3).
17    (c) By ordinance the Authority shall, as soon as
18practicable after the effective date of this amendatory Act of
191991, impose an occupation tax upon all persons engaged in the
20corporate limits of the City of Chicago in the business of
21renting, leasing, or letting rooms in a hotel, as defined in
22the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
23the gross rental receipts from the renting, leasing, or letting
24of hotel rooms within the City of Chicago, excluding, however,
25from gross rental receipts the proceeds of renting, leasing, or
26letting to permanent residents of a hotel, as defined in that

 

 

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1Act. Gross rental receipts shall not include charges that are
2added on account of the liability arising from any tax imposed
3by the State or any governmental agency on the occupation of
4renting, leasing, or letting rooms in a hotel.
5    The tax imposed by the Authority under this subsection and
6all civil penalties that may be assessed as an incident to that
7tax shall be collected and enforced by the Illinois Department
8of Revenue. The certificate of registration that is issued by
9the Department to a lessor under the Hotel Operators'
10Occupation Tax Act shall permit that registrant to engage in a
11business that is taxable under any ordinance enacted under this
12subsection without registering separately with the Department
13under that ordinance or under this subsection. The Department
14shall have full power to administer and enforce this
15subsection, to collect all taxes and penalties due under this
16subsection, to dispose of taxes and penalties so collected in
17the manner provided in this subsection, and to determine all
18rights to credit memoranda arising on account of the erroneous
19payment of tax or penalty under this subsection. In the
20administration of and compliance with this subsection, the
21Department and persons who are subject to this subsection shall
22have the same rights, remedies, privileges, immunities,
23powers, and duties, shall be subject to the same conditions,
24restrictions, limitations, penalties, and definitions of
25terms, and shall employ the same modes of procedure as are
26prescribed in the Hotel Operators' Occupation Tax Act (except

 

 

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1where that Act is inconsistent with this subsection), as fully
2as if the provisions contained in the Hotel Operators'
3Occupation Tax Act were set out in this subsection.
4    Whenever the Department determines that a refund should be
5made under this subsection to a claimant instead of issuing a
6credit memorandum, the Department shall notify the State
7Comptroller, who shall cause a warrant to be drawn for the
8amount specified and to the person named in the notification
9from the Department. The refund shall be paid by the State
10Treasurer out of the Metropolitan Pier and Exposition Authority
11trust fund held by the State Treasurer as trustee for the
12Authority.
13    Persons subject to any tax imposed under the authority
14granted in this subsection may reimburse themselves for their
15tax liability for that tax by separately stating that tax as an
16additional charge, which charge may be stated in combination,
17in a single amount, with State taxes imposed under the Hotel
18Operators' Occupation Tax Act, the municipal tax imposed under
19Section 8-3-13 of the Illinois Municipal Code, and the tax
20imposed under Section 19 of the Illinois Sports Facilities
21Authority Act.
22    The person filing the return shall, at the time of filing
23the return, pay to the Department the amount of tax, less a
24discount of 2.1% or $25 per calendar year, whichever is
25greater, which is allowed to reimburse the operator for the
26expenses incurred in keeping records, preparing and filing

 

 

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1returns, remitting the tax, and supplying data to the
2Department on request.
3    The Department shall forthwith pay over to the State
4Treasurer, ex officio, as trustee for the Authority, all taxes
5and penalties collected under this subsection for deposit into
6a trust fund held outside the State Treasury. On or before the
725th day of each calendar month, the Department shall certify
8to the Comptroller the amounts to be paid under subsection (g)
9of this Section, which shall be the amounts (not including
10credit memoranda) collected under this subsection during the
11second preceding calendar month by the Department, less any
12amounts determined by the Department to be necessary for
13payment of refunds. Within 10 days after receipt by the
14Comptroller of the Department's certification, the Comptroller
15shall cause the orders to be drawn for such amounts, and the
16Treasurer shall administer those amounts as required in
17subsection (g).
18    A certified copy of any ordinance imposing or discontinuing
19a tax under this subsection or effecting a change in the rate
20of that tax shall be filed with the Illinois Department of
21Revenue, whereupon the Department shall proceed to administer
22and enforce this subsection on behalf of the Authority as of
23the first day of the third calendar month following the date of
24filing.
25    (d) By ordinance the Authority shall, as soon as
26practicable after the effective date of this amendatory Act of

 

 

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11991, impose a tax upon all persons engaged in the business of
2renting automobiles in the metropolitan area at the rate of 6%
3of the gross receipts from that business, except that no tax
4shall be imposed on the business of renting automobiles for use
5as taxicabs or in livery service. The tax imposed under this
6subsection and all civil penalties that may be assessed as an
7incident to that tax shall be collected and enforced by the
8Illinois Department of Revenue. The certificate of
9registration issued by the Department to a retailer under the
10Retailers' Occupation Tax Act or under the Automobile Renting
11Occupation and Use Tax Act shall permit that person to engage
12in a business that is taxable under any ordinance enacted under
13this subsection without registering separately with the
14Department under that ordinance or under this subsection. The
15Department shall have full power to administer and enforce this
16subsection, to collect all taxes and penalties due under this
17subsection, to dispose of taxes and penalties so collected in
18the manner provided in this subsection, and to determine all
19rights to credit memoranda arising on account of the erroneous
20payment of tax or penalty under this subsection. In the
21administration of and compliance with this subsection, the
22Department and persons who are subject to this subsection shall
23have the same rights, remedies, privileges, immunities,
24powers, and duties, be subject to the same conditions,
25restrictions, limitations, penalties, and definitions of
26terms, and employ the same modes of procedure as are prescribed

 

 

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1in Sections 2 and 3 (in respect to all provisions of those
2Sections other than the State rate of tax; and in respect to
3the provisions of the Retailers' Occupation Tax Act referred to
4in those Sections, except as to the disposition of taxes and
5penalties collected, except for the provision allowing
6retailers a deduction from the tax to cover certain costs, and
7except that credit memoranda issued under this subsection may
8not be used to discharge any State tax liability) of the
9Automobile Renting Occupation and Use Tax Act, as fully as if
10provisions contained in those Sections of that Act were set
11forth in this subsection.
12    Persons subject to any tax imposed under the authority
13granted in this subsection may reimburse themselves for their
14tax liability under this subsection by separately stating that
15tax as an additional charge, which charge may be stated in
16combination, in a single amount, with State tax that sellers
17are required to collect under the Automobile Renting Occupation
18and Use Tax Act, pursuant to bracket schedules as the
19Department may prescribe.
20    Whenever the Department determines that a refund should be
21made under this subsection to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause a warrant to be drawn for the
24amount specified and to the person named in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Metropolitan Pier and Exposition Authority

 

 

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1trust fund held by the State Treasurer as trustee for the
2Authority.
3    The Department shall forthwith pay over to the State
4Treasurer, ex officio, as trustee, all taxes and penalties
5collected under this subsection for deposit into a trust fund
6held outside the State Treasury. On or before the 25th day of
7each calendar month, the Department shall certify to the
8Comptroller the amounts to be paid under subsection (g) of this
9Section (not including credit memoranda) collected under this
10subsection during the second preceding calendar month by the
11Department, less any amount determined by the Department to be
12necessary for payment of refunds. Within 10 days after receipt
13by the Comptroller of the Department's certification, the
14Comptroller shall cause the orders to be drawn for such
15amounts, and the Treasurer shall administer those amounts as
16required in subsection (g).
17    Nothing in this subsection authorizes the Authority to
18impose a tax upon the privilege of engaging in any business
19that under the Constitution of the United States may not be
20made the subject of taxation by this State.
21    A certified copy of any ordinance imposing or discontinuing
22a tax under this subsection or effecting a change in the rate
23of that tax shall be filed with the Illinois Department of
24Revenue, whereupon the Department shall proceed to administer
25and enforce this subsection on behalf of the Authority as of
26the first day of the third calendar month following the date of

 

 

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1filing.
2    (e) By ordinance the Authority shall, as soon as
3practicable after the effective date of this amendatory Act of
41991, impose a tax upon the privilege of using in the
5metropolitan area an automobile that is rented from a rentor
6outside Illinois and is titled or registered with an agency of
7this State's government at a rate of 6% of the rental price of
8that automobile, except that no tax shall be imposed on the
9privilege of using automobiles rented for use as taxicabs or in
10livery service. The tax shall be collected from persons whose
11Illinois address for titling or registration purposes is given
12as being in the metropolitan area. The tax shall be collected
13by the Department of Revenue for the Authority. The tax must be
14paid to the State or an exemption determination must be
15obtained from the Department of Revenue before the title or
16certificate of registration for the property may be issued. The
17tax or proof of exemption may be transmitted to the Department
18by way of the State agency with which or State officer with
19whom the tangible personal property must be titled or
20registered if the Department and that agency or State officer
21determine that this procedure will expedite the processing of
22applications for title or registration.
23    The Department shall have full power to administer and
24enforce this subsection, to collect all taxes, penalties, and
25interest due under this subsection, to dispose of taxes,
26penalties, and interest so collected in the manner provided in

 

 

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1this subsection, and to determine all rights to credit
2memoranda or refunds arising on account of the erroneous
3payment of tax, penalty, or interest under this subsection. In
4the administration of and compliance with this subsection, the
5Department and persons who are subject to this subsection shall
6have the same rights, remedies, privileges, immunities,
7powers, and duties, be subject to the same conditions,
8restrictions, limitations, penalties, and definitions of
9terms, and employ the same modes of procedure as are prescribed
10in Sections 2 and 4 (except provisions pertaining to the State
11rate of tax; and in respect to the provisions of the Use Tax
12Act referred to in that Section, except provisions concerning
13collection or refunding of the tax by retailers, except the
14provisions of Section 19 pertaining to claims by retailers,
15except the last paragraph concerning refunds, and except that
16credit memoranda issued under this subsection may not be used
17to discharge any State tax liability) of the Automobile Renting
18Occupation and Use Tax Act, as fully as if provisions contained
19in those Sections of that Act were set forth in this
20subsection.
21    Whenever the Department determines that a refund should be
22made under this subsection to a claimant instead of issuing a
23credit memorandum, the Department shall notify the State
24Comptroller, who shall cause a warrant to be drawn for the
25amount specified and to the person named in the notification
26from the Department. The refund shall be paid by the State

 

 

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1Treasurer out of the Metropolitan Pier and Exposition Authority
2trust fund held by the State Treasurer as trustee for the
3Authority.
4    The Department shall forthwith pay over to the State
5Treasurer, ex officio, as trustee, all taxes, penalties, and
6interest collected under this subsection for deposit into a
7trust fund held outside the State Treasury. On or before the
825th day of each calendar month, the Department shall certify
9to the State Comptroller the amounts to be paid under
10subsection (g) of this Section, which shall be the amounts (not
11including credit memoranda) collected under this subsection
12during the second preceding calendar month by the Department,
13less any amounts determined by the Department to be necessary
14for payment of refunds. Within 10 days after receipt by the
15State Comptroller of the Department's certification, the
16Comptroller shall cause the orders to be drawn for such
17amounts, and the Treasurer shall administer those amounts as
18required in subsection (g).
19    A certified copy of any ordinance imposing or discontinuing
20a tax or effecting a change in the rate of that tax shall be
21filed with the Illinois Department of Revenue, whereupon the
22Department shall proceed to administer and enforce this
23subsection on behalf of the Authority as of the first day of
24the third calendar month following the date of filing.
25    (f) By ordinance the Authority shall, as soon as
26practicable after the effective date of this amendatory Act of

 

 

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11991, impose an occupation tax on all persons, other than a
2governmental agency, engaged in the business of providing
3ground transportation for hire to passengers in the
4metropolitan area at a rate of (i) $4 per taxi or livery
5vehicle departure with passengers for hire from commercial
6service airports in the metropolitan area, (ii) for each
7departure with passengers for hire from a commercial service
8airport in the metropolitan area in a bus or van operated by a
9person other than a person described in item (iii): $18 per bus
10or van with a capacity of 1-12 passengers, $36 per bus or van
11with a capacity of 13-24 passengers, and $54 per bus or van
12with a capacity of over 24 passengers, and (iii) for each
13departure with passengers for hire from a commercial service
14airport in the metropolitan area in a bus or van operated by a
15person regulated by the Interstate Commerce Commission or
16Illinois Commerce Commission, operating scheduled service from
17the airport, and charging fares on a per passenger basis: $2
18per passenger for hire in each bus or van. The term "commercial
19service airports" means those airports receiving scheduled
20passenger service and enplaning more than 100,000 passengers
21per year.
22    In the ordinance imposing the tax, the Authority may
23provide for the administration and enforcement of the tax and
24the collection of the tax from persons subject to the tax as
25the Authority determines to be necessary or practicable for the
26effective administration of the tax. The Authority may enter

 

 

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1into agreements as it deems appropriate with any governmental
2agency providing for that agency to act as the Authority's
3agent to collect the tax.
4    In the ordinance imposing the tax, the Authority may
5designate a method or methods for persons subject to the tax to
6reimburse themselves for the tax liability arising under the
7ordinance (i) by separately stating the full amount of the tax
8liability as an additional charge to passengers departing the
9airports, (ii) by separately stating one-half of the tax
10liability as an additional charge to both passengers departing
11from and to passengers arriving at the airports, or (iii) by
12some other method determined by the Authority.
13    All taxes, penalties, and interest collected under any
14ordinance adopted under this subsection, less any amounts
15determined to be necessary for the payment of refunds and less
16the taxes, penalties, and interest attributable to any increase
17in the rate of tax authorized by Public Act 96-898, shall be
18paid forthwith to the State Treasurer, ex officio, for deposit
19into a trust fund held outside the State Treasury and shall be
20administered by the State Treasurer as provided in subsection
21(g) of this Section. All taxes, penalties, and interest
22attributable to any increase in the rate of tax authorized by
23Public Act 96-898 shall be paid by the State Treasurer as
24follows: 25% for deposit into the Convention Center Support
25Fund, to be used by the Village of Rosemont for the repair,
26maintenance, and improvement of the Donald E. Stephens

 

 

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1Convention Center and for debt service on debt instruments
2issued for those purposes by the village and 75% to the
3Authority to be used for grants to an organization meeting the
4qualifications set out in Section 5.6 of this Act, provided the
5Metropolitan Pier and Exposition Authority has entered into a
6marketing agreement with such an organization.
7    (g) Amounts deposited from the proceeds of taxes imposed by
8the Authority under subsections (b), (c), (d), (e), and (f) of
9this Section and amounts deposited under Section 19 of the
10Illinois Sports Facilities Authority Act shall be held in a
11trust fund outside the State Treasury and shall be administered
12by the Treasurer as follows:
13        (1) An amount necessary for the payment of refunds with
14    respect to those taxes shall be retained in the trust fund
15    and used for those payments.
16        (2) On July 20 and on the 20th of each month
17    thereafter, provided that the amount requested in the
18    annual certificate of the Chairman of the Authority filed
19    under Section 8.25f of the State Finance Act has been
20    appropriated for payment to the Authority, or, for the 2016
21    fiscal year, if the amount requested has not yet been
22    appropriated, the Chief Executive Officer of the Authority
23    shall file with the State Treasurer and the State
24    Comptroller the certificate referred to in subparagraph
25    (4) of this subsection (g), 1/8 of the local tax transfer
26    amount, together with any cumulative deficiencies in the

 

 

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1    amounts transferred into the McCormick Place Expansion
2    Project Fund under this subparagraph (2) during the fiscal
3    year for which the certificate has been filed, shall be
4    transferred from the trust fund into the McCormick Place
5    Expansion Project Fund in the State treasury until 100% of
6    the local tax transfer amount has been so transferred.
7    "Local tax transfer amount" shall mean the amount requested
8    in the annual certificate, minus the reduction amount.
9    "Reduction amount" shall mean $41.7 million in fiscal year
10    2011, $36.7 million in fiscal year 2012, $36.7 million in
11    fiscal year 2013, $36.7 million in fiscal year 2014, and
12    $31.7 million in each fiscal year thereafter until 2032,
13    provided that the reduction amount shall be reduced by (i)
14    the amount certified by the Authority to the State
15    Comptroller and State Treasurer under Section 8.25 of the
16    State Finance Act, as amended, with respect to that fiscal
17    year and (ii) in any fiscal year in which the amounts
18    deposited in the trust fund under this Section exceed
19    $318.3 million, exclusive of amounts set aside for refunds
20    and for the reserve account, one dollar for each dollar of
21    the deposits in the trust fund above $318.3 million with
22    respect to that year, exclusive of amounts set aside for
23    refunds and for the reserve account.
24        (3) On July 20, 2010, the Comptroller shall certify to
25    the Governor, the Treasurer, and the Chairman of the
26    Authority the 2010 deficiency amount, which means the

 

 

09900HB0745sam001- 21 -LRB099 04556 AWJ 37178 a

1    cumulative amount of transfers that were due from the trust
2    fund to the McCormick Place Expansion Project Fund in
3    fiscal years 2008, 2009, and 2010 under Section 13(g) of
4    this Act, as it existed prior to May 27, 2010 (the
5    effective date of Public Act 96-898), but not made. On July
6    20, 2011 and on July 20 of each year through July 20, 2014,
7    the Treasurer shall calculate for the previous fiscal year
8    the surplus revenues in the trust fund and pay that amount
9    to the Authority. On July 20, 2015 and on July 20 of each
10    year thereafter, as long as bonds and notes issued under
11    Section 13.2 or bonds and notes issued to refund those
12    bonds and notes are outstanding, the Treasurer shall
13    calculate for the previous fiscal year the surplus revenues
14    in the trust fund and pay one-half of that amount to the
15    State Treasurer for deposit into the General Revenue Fund
16    until the 2010 deficiency amount has been paid and shall
17    pay the balance of the surplus revenues to the Authority.
18    "Surplus revenues" means the amounts remaining in the trust
19    fund on June 30 of the previous fiscal year (A) after the
20    State Treasurer has set aside in the trust fund (i) amounts
21    retained for refunds under subparagraph (1) and (ii) any
22    amounts necessary to meet the reserve account amount and
23    (B) after the State Treasurer has transferred from the
24    trust fund to the General Revenue Fund 100% of any
25    post-2010 deficiency amount. "Reserve account amount"
26    means $15 million in fiscal year 2011 and $30 million in

 

 

09900HB0745sam001- 22 -LRB099 04556 AWJ 37178 a

1    each fiscal year thereafter. The reserve account amount
2    shall be set aside in the trust fund and used as a reserve
3    to be transferred to the McCormick Place Expansion Project
4    Fund in the event the proceeds of taxes imposed under this
5    Section 13 are not sufficient to fund the transfer required
6    in subparagraph (2). "Post-2010 deficiency amount" means
7    any deficiency in transfers from the trust fund to the
8    McCormick Place Expansion Project Fund with respect to
9    fiscal years 2011 and thereafter. It is the intention of
10    this subparagraph (3) that no surplus revenues shall be
11    paid to the Authority with respect to any year in which a
12    post-2010 deficiency amount has not been satisfied by the
13    Authority.
14        (4) For the 2016 fiscal year, if the amount requested
15    in the annual certificate of the Chairman of the Authority
16    filed under Section 8.25f of the State Finance Act has not
17    been appropriated for payment to the Authority, the Chief
18    Executive Officer of the Authority shall file with the
19    State Treasurer and the State Comptroller a certificate
20    stating that such transfers are required to fund monthly
21    deposits for the payment of the principal of and interest
22    on bonds of the Authority payable from the McCormick Place
23    Expansion Project Fund. Upon the filing of the certificate
24    the State Treasurer shall make the transfers to the
25    McCormick Place Expansion Project Fund as set forth in
26    subparagraph (2) of this subsection (g).

 

 

09900HB0745sam001- 23 -LRB099 04556 AWJ 37178 a

1    Moneys received by the Authority as surplus revenues may be
2used (i) for the purposes of paying debt service on the bonds
3and notes issued by the Authority, including early redemption
4of those bonds or notes, (ii) for the purposes of repair,
5replacement, and improvement of the grounds, buildings, and
6facilities of the Authority, and (iii) for the corporate
7purposes of the Authority in fiscal years 2011 through 2015 in
8an amount not to exceed $20,000,000 annually or $80,000,000
9total, which amount shall be reduced $0.75 for each dollar of
10the receipts of the Authority in that year from any contract
11entered into with respect to naming rights at McCormick Place
12under Section 5(m) of this Act. When bonds and notes issued
13under Section 13.2, or bonds or notes issued to refund those
14bonds and notes, are no longer outstanding, the balance in the
15trust fund shall be paid to the Authority.
16    (h) The ordinances imposing the taxes authorized by this
17Section shall be repealed when bonds and notes issued under
18Section 13.2 or bonds and notes issued to refund those bonds
19and notes are no longer outstanding.
20(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
 
21    (70 ILCS 210/13.2)  (from Ch. 85, par. 1233.2)
22    Sec. 13.2. The McCormick Place Expansion Project Fund is
23created in the State Treasury. All moneys in the McCormick
24Place Expansion Project Fund are allocated to and shall be
25appropriated and used only for the purposes authorized by and

 

 

09900HB0745sam001- 24 -LRB099 04556 AWJ 37178 a

1subject to the limitations and conditions of this Section.
2Those amounts may be appropriated by law to the Authority for
3the purposes of paying the debt service requirements on all
4bonds and notes, including bonds and notes issued to refund or
5advance refund bonds and notes issued under this Section,
6Section 13.1, or issued to refund or advance refund bonds and
7notes otherwise issued under this Act, (collectively referred
8to as "bonds") to be issued by the Authority under this Section
9in an aggregate original principal amount (excluding the amount
10of any bonds and notes issued to refund or advance refund bonds
11or notes issued under this Section and Section 13.1) not to
12exceed $2,557,000,000 for the purposes of carrying out and
13performing its duties and exercising its powers under this Act.
14The increased debt authorization provided by this amendatory
15Act of the 96th General Assembly shall be used solely for the
16purpose of: (i) hotel construction and related necessary
17capital improvements; (ii) other needed capital improvements
18to existing facilities; and (iii) land acquisition for and
19construction of one multi-use facility on property bounded by
20East Cermak Road on the south, East 21st Street on the north,
21South Indiana Avenue on the west, and South Prairie Avenue on
22the east in the City of Chicago, Cook County, Illinois. No
23bonds issued to refund or advance refund bonds issued under
24this Section may mature later than 40 years from the date of
25issuance of the refunding or advance refunding bonds. After the
26aggregate original principal amount of bonds authorized in this

 

 

09900HB0745sam001- 25 -LRB099 04556 AWJ 37178 a

1Section has been issued, the payment of any principal amount of
2such bonds does not authorize the issuance of additional bonds
3(except refunding bonds). Any bonds and notes issued under this
4Section in any year in which there is an outstanding "post-2010
5deficiency amount" as that term is defined in Section 13 (g)(3)
6of this Act shall provide for the payment to the State
7Treasurer of the amount of that deficiency.
8    On the first day of each month commencing after July 1,
91993, amounts, if any, on deposit in the McCormick Place
10Expansion Project Fund shall, subject to appropriation, be paid
11in full to the Authority or, upon its direction, to the trustee
12or trustees for bondholders of bonds that by their terms are
13payable from the moneys received from the McCormick Place
14Expansion Project Fund, until an amount equal to 100% of the
15aggregate amount of the principal and interest in the fiscal
16year, including that pursuant to sinking fund requirements, has
17been so paid and deficiencies in reserves shall have been
18remedied. For the 2016 fiscal year, if the amounts on deposit
19in the McCormick Place Expansion Project Fund have not yet been
20appropriated for the payment of bonds, such amounts shall
21nevertheless be paid in full to the Authority or, upon its
22direction, to the trustee or trustees for bondholders, provided
23that the certificate of the Chief Executive Officer of the
24Authority referred to in subparagraph (4) of subsection (g) of
25Section 13 has been filed with the State Treasurer and the
26State Comptroller.

 

 

09900HB0745sam001- 26 -LRB099 04556 AWJ 37178 a

1    The State of Illinois pledges to and agrees with the
2holders of the bonds of the Metropolitan Pier and Exposition
3Authority issued under this Section that the State will not
4limit or alter the rights and powers vested in the Authority by
5this Act so as to impair the terms of any contract made by the
6Authority with those holders or in any way impair the rights
7and remedies of those holders until the bonds, together with
8interest thereon, interest on any unpaid installments of
9interest, and all costs and expenses in connection with any
10action or proceedings by or on behalf of those holders are
11fully met and discharged; provided that any increase in the Tax
12Act Amounts specified in Section 3 of the Retailers' Occupation
13Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service
14Use Tax Act, and Section 9 of the Service Occupation Tax Act
15required to be deposited into the Build Illinois Bond Account
16in the Build Illinois Fund pursuant to any law hereafter
17enacted shall not be deemed to impair the rights of such
18holders so long as the increase does not result in the
19aggregate debt service payable in the current or any future
20fiscal year of the State on all bonds issued pursuant to the
21Build Illinois Bond Act and the Metropolitan Pier and
22Exposition Authority Act and payable from tax revenues
23specified in Section 3 of the Retailers' Occupation Tax Act,
24Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
25Act, and Section 9 of the Service Occupation Tax Act exceeding
2633 1/3% of such tax revenues for the most recently completed

 

 

09900HB0745sam001- 27 -LRB099 04556 AWJ 37178 a

1fiscal year of the State at the time of such increase. In
2addition, the State pledges to and agrees with the holders of
3the bonds of the Authority issued under this Section that the
4State will not limit or alter the basis on which State funds
5are to be paid to the Authority as provided in this Act or the
6use of those funds so as to impair the terms of any such
7contract; provided that any increase in the Tax Act Amounts
8specified in Section 3 of the Retailers' Occupation Tax Act,
9Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
10Act, and Section 9 of the Service Occupation Tax Act required
11to be deposited into the Build Illinois Bond Account in the
12Build Illinois Fund pursuant to any law hereafter enacted shall
13not be deemed to impair the terms of any such contract so long
14as the increase does not result in the aggregate debt service
15payable in the current or any future fiscal year of the State
16on all bonds issued pursuant to the Build Illinois Bond Act and
17the Metropolitan Pier and Exposition Authority Act and payable
18from tax revenues specified in Section 3 of the Retailers'
19Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
20the Service Use Tax Act, and Section 9 of the Service
21Occupation Tax Act exceeding 33 1/3% of such tax revenues for
22the most recently completed fiscal year of the State at the
23time of such increase. The Authority is authorized to include
24these pledges and agreements with the State in any contract
25with the holders of bonds issued under this Section.
26    The State shall not be liable on bonds of the Authority

 

 

09900HB0745sam001- 28 -LRB099 04556 AWJ 37178 a

1issued under this Section those bonds shall not be a debt of
2the State, and this Act shall not be construed as a guarantee
3by the State of the debts of the Authority. The bonds shall
4contain a statement to this effect on the face of the bonds.
5(Source: P.A. 98-109, eff. 7-25-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".