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[ House Amendment 002 ] |
90_HB0601ham003 LRB9000420DNmbam06 1 AMENDMENT TO HOUSE BILL 601 2 AMENDMENT NO. . Amend House Bill 601, AS AMENDED, 3 with reference to page and line numbers of House Amendment 4 No. 2, on page 4, line 11, by deleting "or use"; and 5 on page 4, line 13, by deleting "or use"; and 6 on page 5, lines 15 and 16, by deleting "transaction returns 7 and"; and 8 on page 5, line 22, by deleting "or use"; and 9 on page 5, line 24, by deleting "or use"; and 10 on page 6, line 22, by deleting "occupation or"; and 11 on page 6, line 24, by deleting "occupation or"; and 12 on page 7, line 24, by deleting "transaction returns and"; 13 and 14 on page 7, line 30, by deleting "occupation or"; and 15 on page 7, line 32, by deleting "occupation or"; and 16 on page 8, below line 15, by inserting the following: 17 "Section 20. Additional tax; administration. The 18 Department shall forthwith pay over to the State Treasurer, -2- LRB9000420DNmbam06 1 ex-officio, as trustee, all taxes and penalties collected 2 from the rate equal to the rate of any additional occupation 3 or use tax authorized in Sections 10 and 15 to be deposited 4 in the Automobile Leasing Occupation and Use Tax Fund. On or 5 before the 25th day of each calendar month, the Department 6 shall prepare and certify to the Comptroller the disbursement 7 of stated sums of money to named units of local government, 8 the units of local government to be those for whom the 9 Department imposed any tax at a rate equal to any additional 10 occupation or use tax under Sections 10 and 15 during the 11 second preceding calendar month. The amount to be paid to 12 each unit of local government shall be the amount (not 13 including credit memoranda) collected under this Act during 14 the second preceding calendar month by the Department from 15 the tax, and not including an amount equal to the amount of 16 refunds made during the second preceding calendar month by 17 the Department on behalf of the unit of local government, 18 less 1.6% of the balance, which sum shall be retained by the 19 State Treasurer to cover the costs incurred by the Department 20 in administering and enforcing this tax as provided herein. 21 The Department at the time of each monthly disbursement to 22 the unit of local government shall prepare and certify to the 23 Comptroller the amount, so retained by the State Treasurer, 24 to be paid into the General Revenue Fund of the State 25 Treasury. Within 10 days after receipt, by the Comptroller, 26 of the disbursement certification to the units of local 27 government and the General Revenue Fund, provided for in this 28 Section to be given to the Comptroller by the Department, the 29 Comptroller shall cause the orders to be drawn for the 30 respective amounts in accordance with the directions 31 contained in the certification."; and 32 on page 9, line 9, by replacing "5%" with "1.25%"; and 33 on page 12, line 24, by replacing "5%" with "1.25%"; and -3- LRB9000420DNmbam06 1 on page 15, line 7, by deleting "to"; and 2 on page 15, by replacing lines 8 and 9 with "as follows:"; 3 and 4 on page 15, by replacing lines 13 through 16 with "District 5 Fund."; and 6 on page 15, by replacing lines 20 and 21 with "Transit 7 District Fund."; and 8 on page 15, line 22, by replacing "All" with "Except as 9 otherwise provided in Section 20 of the Automobile Leasing 10 Occupation and Use Tax Act, all"; and 11 on page 15, line 23, after "Section 10", by inserting "and 12 item (1) of Section 15"; and 13 on page 15, lines 29 and 30, by replacing "government 14 imposing the tax." with "government. 15 Section 50. The Use Tax Act is amended by changing 16 Section 3-5 as follows: 17 (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5) 18 Sec. 3-5. Exemptions. Use of the following tangible 19 personal property is exempt from the tax imposed by this Act: 20 (1) Personal property purchased from a corporation, 21 society, association, foundation, institution, or 22 organization, other than a limited liability company, that is 23 organized and operated as a not-for-profit service enterprise 24 for the benefit of persons 65 years of age or older if the 25 personal property was not purchased by the enterprise for the 26 purpose of resale by the enterprise. 27 (2) Personal property purchased by a not-for-profit 28 Illinois county fair association for use in conducting, 29 operating, or promoting the county fair. -4- LRB9000420DNmbam06 1 (3) Personal property purchased by a not-for-profit 2 music or dramatic arts organization that establishes, by 3 proof required by the Department by rule, that it has 4 received an exemption under Section 501(c)(3) of the Internal 5 Revenue Code and that is organized and operated for the 6 presentation of live public performances of musical or 7 theatrical works on a regular basis. 8 (4) Personal property purchased by a governmental body, 9 by a corporation, society, association, foundation, or 10 institution organized and operated exclusively for 11 charitable, religious, or educational purposes, or by a 12 not-for-profit corporation, society, association, foundation, 13 institution, or organization that has no compensated officers 14 or employees and that is organized and operated primarily for 15 the recreation of persons 55 years of age or older. A limited 16 liability company may qualify for the exemption under this 17 paragraph only if the limited liability company is organized 18 and operated exclusively for educational purposes. On and 19 after July 1, 1987, however, no entity otherwise eligible for 20 this exemption shall make tax-free purchases unless it has an 21 active exemption identification number issued by the 22 Department. 23 (5) A passenger car that is a replacement vehicle to the 24 extent that the purchase price of the car is subject to the 25 Replacement Vehicle Tax. 26 (6) Graphic arts machinery and equipment, including 27 repair and replacement parts, both new and used, and 28 including that manufactured on special order, certified by 29 the purchaser to be used primarily for graphic arts 30 production, and including machinery and equipment purchased 31 for lease. 32 (7) Farm chemicals. 33 (8) Legal tender, currency, medallions, or gold or 34 silver coinage issued by the State of Illinois, the -5- LRB9000420DNmbam06 1 government of the United States of America, or the government 2 of any foreign country, and bullion. 3 (9) Personal property purchased from a teacher-sponsored 4 student organization affiliated with an elementary or 5 secondary school located in Illinois. 6 (10) A motor vehicle of the first division, a motor 7 vehicle of the second division that is a self-contained motor 8 vehicle designed or permanently converted to provide living 9 quarters for recreational, camping, or travel use, with 10 direct walk through to the living quarters from the driver's 11 seat, or a motor vehicle of the second division that is of 12 the van configuration designed for the transportation of not 13 less than 7 nor more than 16 passengers, as defined in 14 Section 1-146 of the Illinois Vehicle Code, that is used for 15 automobile renting, as defined in the Automobile Renting 16 Occupation and Use Tax Act, or that is used for automobile 17 leasing as defined in the Automobile Leasing Occupation and 18 Use Tax Act. Lessors who claim not to be engaged in Illinois 19 in the business of leasing automobiles for the purpose of 20 collecting and remitting tax under the Automobile Leasing 21 Occupation and Use Tax Act may not claim this exemption 22 unless they voluntarily register with the Department and 23 collect and remit tax under the Automobile Leasing Occupation 24 and Use Tax Act on vehicles which they purchase, lease, or 25 register in Illinois. This paragraph is exempt from the 26 provisions of Section 3-90 of this Act. 27 (11) Farm machinery and equipment, both new and used, 28 including that manufactured on special order, certified by 29 the purchaser to be used primarily for production agriculture 30 or State or federal agricultural programs, including 31 individual replacement parts for the machinery and equipment, 32 and including machinery and equipment purchased for lease, 33 but excluding motor vehicles required to be registered under 34 the Illinois Vehicle Code. -6- LRB9000420DNmbam06 1 (12) Fuel and petroleum products sold to or used by an 2 air common carrier, certified by the carrier to be used for 3 consumption, shipment, or storage in the conduct of its 4 business as an air common carrier, for a flight destined for 5 or returning from a location or locations outside the United 6 States without regard to previous or subsequent domestic 7 stopovers. 8 (13) Proceeds of mandatory service charges separately 9 stated on customers' bills for the purchase and consumption 10 of food and beverages purchased at retail from a retailer, to 11 the extent that the proceeds of the service charge are in 12 fact turned over as tips or as a substitute for tips to the 13 employees who participate directly in preparing, serving, 14 hosting or cleaning up the food or beverage function with 15 respect to which the service charge is imposed. 16 (14) Oil field exploration, drilling, and production 17 equipment, including (i) rigs and parts of rigs, rotary rigs, 18 cable tool rigs, and workover rigs, (ii) pipe and tubular 19 goods, including casing and drill strings, (iii) pumps and 20 pump-jack units, (iv) storage tanks and flow lines, (v) any 21 individual replacement part for oil field exploration, 22 drilling, and production equipment, and (vi) machinery and 23 equipment purchased for lease; but excluding motor vehicles 24 required to be registered under the Illinois Vehicle Code. 25 (15) Photoprocessing machinery and equipment, including 26 repair and replacement parts, both new and used, including 27 that manufactured on special order, certified by the 28 purchaser to be used primarily for photoprocessing, and 29 including photoprocessing machinery and equipment purchased 30 for lease. 31 (16) Coal exploration, mining, offhighway hauling, 32 processing, maintenance, and reclamation equipment, including 33 replacement parts and equipment, and including equipment 34 purchased for lease, but excluding motor vehicles required to -7- LRB9000420DNmbam06 1 be registered under the Illinois Vehicle Code. 2 (17) Distillation machinery and equipment, sold as a 3 unit or kit, assembled or installed by the retailer, 4 certified by the user to be used only for the production of 5 ethyl alcohol that will be used for consumption as motor fuel 6 or as a component of motor fuel for the personal use of the 7 user, and not subject to sale or resale. 8 (18) Manufacturing and assembling machinery and 9 equipment used primarily in the process of manufacturing or 10 assembling tangible personal property for wholesale or retail 11 sale or lease, whether that sale or lease is made directly by 12 the manufacturer or by some other person, whether the 13 materials used in the process are owned by the manufacturer 14 or some other person, or whether that sale or lease is made 15 apart from or as an incident to the seller's engaging in the 16 service occupation of producing machines, tools, dies, jigs, 17 patterns, gauges, or other similar items of no commercial 18 value on special order for a particular purchaser. 19 (19) Personal property delivered to a purchaser or 20 purchaser's donee inside Illinois when the purchase order for 21 that personal property was received by a florist located 22 outside Illinois who has a florist located inside Illinois 23 deliver the personal property. 24 (20) Semen used for artificial insemination of livestock 25 for direct agricultural production. 26 (21) Horses, or interests in horses, registered with and 27 meeting the requirements of any of the Arabian Horse Club 28 Registry of America, Appaloosa Horse Club, American Quarter 29 Horse Association, United States Trotting Association, or 30 Jockey Club, as appropriate, used for purposes of breeding or 31 racing for prizes. 32 (22) Computers and communications equipment utilized 33 for any hospital purpose and equipment used in the diagnosis, 34 analysis, or treatment of hospital patients purchased by a -8- LRB9000420DNmbam06 1 lessor who leases the equipment, under a lease of one year or 2 longer executed or in effect at the time the lessor would 3 otherwise be subject to the tax imposed by this Act, to a 4 hospital that has been issued an active tax exemption 5 identification number by the Department under Section 1g of 6 the Retailers' Occupation Tax Act. If the equipment is 7 leased in a manner that does not qualify for this exemption 8 or is used in any other non-exempt manner, the lessor shall 9 be liable for the tax imposed under this Act or the Service 10 Use Tax Act, as the case may be, based on the fair market 11 value of the property at the time the non-qualifying use 12 occurs. No lessor shall collect or attempt to collect an 13 amount (however designated) that purports to reimburse that 14 lessor for the tax imposed by this Act or the Service Use Tax 15 Act, as the case may be, if the tax has not been paid by the 16 lessor. If a lessor improperly collects any such amount from 17 the lessee, the lessee shall have a legal right to claim a 18 refund of that amount from the lessor. If, however, that 19 amount is not refunded to the lessee for any reason, the 20 lessor is liable to pay that amount to the Department. 21 (23) Personal property purchased by a lessor who leases 22 the property, under a lease of one year or longer executed 23 or in effect at the time the lessor would otherwise be 24 subject to the tax imposed by this Act, to a governmental 25 body that has been issued an active sales tax exemption 26 identification number by the Department under Section 1g of 27 the Retailers' Occupation Tax Act. If the property is leased 28 in a manner that does not qualify for this exemption or used 29 in any other non-exempt manner, the lessor shall be liable 30 for the tax imposed under this Act or the Service Use Tax 31 Act, as the case may be, based on the fair market value of 32 the property at the time the non-qualifying use occurs. No 33 lessor shall collect or attempt to collect an amount (however 34 designated) that purports to reimburse that lessor for the -9- LRB9000420DNmbam06 1 tax imposed by this Act or the Service Use Tax Act, as the 2 case may be, if the tax has not been paid by the lessor. If 3 a lessor improperly collects any such amount from the lessee, 4 the lessee shall have a legal right to claim a refund of that 5 amount from the lessor. If, however, that amount is not 6 refunded to the lessee for any reason, the lessor is liable 7 to pay that amount to the Department. 8 (24) Beginning with taxable years ending on or after 9 December 31, 1995 and ending with taxable years ending on or 10 before December 31, 2004, personal property that is donated 11 for disaster relief to be used in a State or federally 12 declared disaster area in Illinois or bordering Illinois by a 13 manufacturer or retailer that is registered in this State to 14 a corporation, society, association, foundation, or 15 institution that has been issued a sales tax exemption 16 identification number by the Department that assists victims 17 of the disaster who reside within the declared disaster area. 18 (25) Beginning with taxable years ending on or after 19 December 31, 1995 and ending with taxable years ending on or 20 before December 31, 2004, personal property that is used in 21 the performance of infrastructure repairs in this State, 22 including but not limited to municipal roads and streets, 23 access roads, bridges, sidewalks, waste disposal systems, 24 water and sewer line extensions, water distribution and 25 purification facilities, storm water drainage and retention 26 facilities, and sewage treatment facilities, resulting from a 27 State or federally declared disaster in Illinois or bordering 28 Illinois when such repairs are initiated on facilities 29 located in the declared disaster area within 6 months after 30 the disaster. 31 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94; 32 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff. 33 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, 34 eff. 8-9-96; revised 8-21-96.) -10- LRB9000420DNmbam06 1 Section 55. The Retailers' Occupation Tax Act is amended 2 by changing Section 2-5 as follows: 3 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5) 4 Sec. 2-5. Exemptions. Gross receipts from proceeds from 5 the sale of the following tangible personal property are 6 exempt from the tax imposed by this Act: 7 (1) Farm chemicals. 8 (2) Farm machinery and equipment, both new and used, 9 including that manufactured on special order, certified by 10 the purchaser to be used primarily for production agriculture 11 or State or federal agricultural programs, including 12 individual replacement parts for the machinery and equipment, 13 and including machinery and equipment purchased for lease, 14 but excluding motor vehicles required to be registered under 15 the Illinois Vehicle Code. 16 (3) Distillation machinery and equipment, sold as a unit 17 or kit, assembled or installed by the retailer, certified by 18 the user to be used only for the production of ethyl alcohol 19 that will be used for consumption as motor fuel or as a 20 component of motor fuel for the personal use of the user, and 21 not subject to sale or resale. 22 (4) Graphic arts machinery and equipment, including 23 repair and replacement parts, both new and used, and 24 including that manufactured on special order or purchased for 25 lease, certified by the purchaser to be used primarily for 26 graphic arts production. 27 (5) A motor vehicle of the first division, a motor 28 vehicle of the second division that is a self-contained motor 29 vehicle designed or permanently converted to provide living 30 quarters for recreational, camping, or travel use, with 31 direct walk through access to the living quarters from the 32 driver's seat, or a motor vehicle of the second division that 33 is of the van configuration designed for the transportation -11- LRB9000420DNmbam06 1 of not less than 7 nor more than 16 passengers, as defined in 2 Section 1-146 of the Illinois Vehicle Code, that is used for 3 automobile renting, as defined in the Automobile Renting 4 Occupation and Use Tax Act, or that is used for automobile 5 leasing as defined in the Automobile Leasing Occupation and 6 Use Tax Act. Lessors who claim not to be engaged in Illinois 7 in the business of leasing automobiles for the purpose of 8 collecting and remitting tax under the Automobile Leasing 9 Occupation and Use Tax Act may not claim this exemption 10 unless they voluntarily register with the Department and 11 collect and remit tax under the Automobile Leasing Occupation 12 and Use Tax Act on vehicles which they purchase, lease, or 13 register in Illinois. This paragraph is exempt from the 14 provisions of Section 2-70 of this Act. 15 (6) Personal property sold by a teacher-sponsored 16 student organization affiliated with an elementary or 17 secondary school located in Illinois. 18 (7) Proceeds of that portion of the selling price of a 19 passenger car the sale of which is subject to the Replacement 20 Vehicle Tax. 21 (8) Personal property sold to an Illinois county fair 22 association for use in conducting, operating, or promoting 23 the county fair. 24 (9) Personal property sold to a not-for-profit music or 25 dramatic arts organization that establishes, by proof 26 required by the Department by rule, that it has received an 27 exemption under Section 501(c) (3) of the Internal Revenue 28 Code and that is organized and operated for the presentation 29 of live public performances of musical or theatrical works on 30 a regular basis. 31 (10) Personal property sold by a corporation, society, 32 association, foundation, institution, or organization, other 33 than a limited liability company, that is organized and 34 operated as a not-for-profit service enterprise for the -12- LRB9000420DNmbam06 1 benefit of persons 65 years of age or older if the personal 2 property was not purchased by the enterprise for the purpose 3 of resale by the enterprise. 4 (11) Personal property sold to a governmental body, to a 5 corporation, society, association, foundation, or institution 6 organized and operated exclusively for charitable, religious, 7 or educational purposes, or to a not-for-profit corporation, 8 society, association, foundation, institution, or 9 organization that has no compensated officers or employees 10 and that is organized and operated primarily for the 11 recreation of persons 55 years of age or older. A limited 12 liability company may qualify for the exemption under this 13 paragraph only if the limited liability company is organized 14 and operated exclusively for educational purposes. On and 15 after July 1, 1987, however, no entity otherwise eligible for 16 this exemption shall make tax-free purchases unless it has an 17 active identification number issued by the Department. 18 (12) Personal property sold to interstate carriers for 19 hire for use as rolling stock moving in interstate commerce 20 or to lessors under leases of one year or longer executed or 21 in effect at the time of purchase by interstate carriers for 22 hire for use as rolling stock moving in interstate commerce 23 and equipment operated by a telecommunications provider, 24 licensed as a common carrier by the Federal Communications 25 Commission, which is permanently installed in or affixed to 26 aircraft moving in interstate commerce. 27 (13) Proceeds from sales to owners, lessors, or shippers 28 of tangible personal property that is utilized by interstate 29 carriers for hire for use as rolling stock moving in 30 interstate commerce and equipment operated by a 31 telecommunications provider, licensed as a common carrier by 32 the Federal Communications Commission, which is permanently 33 installed in or affixed to aircraft moving in interstate 34 commerce. -13- LRB9000420DNmbam06 1 (14) Machinery and equipment that will be used by the 2 purchaser, or a lessee of the purchaser, primarily in the 3 process of manufacturing or assembling tangible personal 4 property for wholesale or retail sale or lease, whether the 5 sale or lease is made directly by the manufacturer or by some 6 other person, whether the materials used in the process are 7 owned by the manufacturer or some other person, or whether 8 the sale or lease is made apart from or as an incident to the 9 seller's engaging in the service occupation of producing 10 machines, tools, dies, jigs, patterns, gauges, or other 11 similar items of no commercial value on special order for a 12 particular purchaser. 13 (15) Proceeds of mandatory service charges separately 14 stated on customers' bills for purchase and consumption of 15 food and beverages, to the extent that the proceeds of the 16 service charge are in fact turned over as tips or as a 17 substitute for tips to the employees who participate directly 18 in preparing, serving, hosting or cleaning up the food or 19 beverage function with respect to which the service charge is 20 imposed. 21 (16) Petroleum products sold to a purchaser if the 22 seller is prohibited by federal law from charging tax to the 23 purchaser. 24 (17) Tangible personal property sold to a common carrier 25 by rail that receives the physical possession of the property 26 in Illinois and that transports the property, or shares with 27 another common carrier in the transportation of the property, 28 out of Illinois on a standard uniform bill of lading showing 29 the seller of the property as the shipper or consignor of the 30 property to a destination outside Illinois, for use outside 31 Illinois. 32 (18) Legal tender, currency, medallions, or gold or 33 silver coinage issued by the State of Illinois, the 34 government of the United States of America, or the government -14- LRB9000420DNmbam06 1 of any foreign country, and bullion. 2 (19) Oil field exploration, drilling, and production 3 equipment, including (i) rigs and parts of rigs, rotary rigs, 4 cable tool rigs, and workover rigs, (ii) pipe and tubular 5 goods, including casing and drill strings, (iii) pumps and 6 pump-jack units, (iv) storage tanks and flow lines, (v) any 7 individual replacement part for oil field exploration, 8 drilling, and production equipment, and (vi) machinery and 9 equipment purchased for lease; but excluding motor vehicles 10 required to be registered under the Illinois Vehicle Code. 11 (20) Photoprocessing machinery and equipment, including 12 repair and replacement parts, both new and used, including 13 that manufactured on special order, certified by the 14 purchaser to be used primarily for photoprocessing, and 15 including photoprocessing machinery and equipment purchased 16 for lease. 17 (21) Coal exploration, mining, offhighway hauling, 18 processing, maintenance, and reclamation equipment, including 19 replacement parts and equipment, and including equipment 20 purchased for lease, but excluding motor vehicles required to 21 be registered under the Illinois Vehicle Code. 22 (22) Fuel and petroleum products sold to or used by an 23 air carrier, certified by the carrier to be used for 24 consumption, shipment, or storage in the conduct of its 25 business as an air common carrier, for a flight destined for 26 or returning from a location or locations outside the United 27 States without regard to previous or subsequent domestic 28 stopovers. 29 (23) A transaction in which the purchase order is 30 received by a florist who is located outside Illinois, but 31 who has a florist located in Illinois deliver the property to 32 the purchaser or the purchaser's donee in Illinois. 33 (24) Fuel consumed or used in the operation of ships, 34 barges, or vessels that are used primarily in or for the -15- LRB9000420DNmbam06 1 transportation of property or the conveyance of persons for 2 hire on rivers bordering on this State if the fuel is 3 delivered by the seller to the purchaser's barge, ship, or 4 vessel while it is afloat upon that bordering river. 5 (25) A motor vehicle sold in this State to a nonresident 6 even though the motor vehicle is delivered to the nonresident 7 in this State, if the motor vehicle is not to be titled in 8 this State, and if a driveaway decal permit is issued to the 9 motor vehicle as provided in Section 3-603 of the Illinois 10 Vehicle Code or if the nonresident purchaser has vehicle 11 registration plates to transfer to the motor vehicle upon 12 returning to his or her home state. The issuance of the 13 driveaway decal permit or having the out-of-state 14 registration plates to be transferred is prima facie evidence 15 that the motor vehicle will not be titled in this State. 16 (26) Semen used for artificial insemination of livestock 17 for direct agricultural production. 18 (27) Horses, or interests in horses, registered with and 19 meeting the requirements of any of the Arabian Horse Club 20 Registry of America, Appaloosa Horse Club, American Quarter 21 Horse Association, United States Trotting Association, or 22 Jockey Club, as appropriate, used for purposes of breeding or 23 racing for prizes. 24 (28) Computers and communications equipment utilized for 25 any hospital purpose and equipment used in the diagnosis, 26 analysis, or treatment of hospital patients sold to a lessor 27 who leases the equipment, under a lease of one year or longer 28 executed or in effect at the time of the purchase, to a 29 hospital that has been issued an active tax exemption 30 identification number by the Department under Section 1g of 31 this Act. 32 (29) Personal property sold to a lessor who leases the 33 property, under a lease of one year or longer executed or in 34 effect at the time of the purchase, to a governmental body -16- LRB9000420DNmbam06 1 that has been issued an active tax exemption identification 2 number by the Department under Section 1g of this Act. 3 (30) Beginning with taxable years ending on or after 4 December 31, 1995 and ending with taxable years ending on or 5 before December 31, 2004, personal property that is donated 6 for disaster relief to be used in a State or federally 7 declared disaster area in Illinois or bordering Illinois by a 8 manufacturer or retailer that is registered in this State to 9 a corporation, society, association, foundation, or 10 institution that has been issued a sales tax exemption 11 identification number by the Department that assists victims 12 of the disaster who reside within the declared disaster area. 13 (31) Beginning with taxable years ending on or after 14 December 31, 1995 and ending with taxable years ending on or 15 before December 31, 2004, personal property that is used in 16 the performance of infrastructure repairs in this State, 17 including but not limited to municipal roads and streets, 18 access roads, bridges, sidewalks, waste disposal systems, 19 water and sewer line extensions, water distribution and 20 purification facilities, storm water drainage and retention 21 facilities, and sewage treatment facilities, resulting from a 22 State or federally declared disaster in Illinois or bordering 23 Illinois when such repairs are initiated on facilities 24 located in the declared disaster area within 6 months after 25 the disaster. 26 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94; 27 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff. 28 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, 29 eff. 8-9-96; revised 8-21-96.)".