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92nd General Assembly

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Public Act 92-0012

HB1599 Enrolled                                LRB9207178TAcs

    AN ACT regarding Illinois resource development and energy
security.

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

    Section  1.   Short  title.  This Act may be cited as the
Illinois Resource Development and Energy Security Act.

    Section 5.  Findings.  The General Assembly finds that:
    (a)  Growth of the State's population and  economic  base
has  created  a  need for new electric generation capacity in
Illinois.
    (b)  Illinois has considerable natural resources that are
currently underutilized and could support development of  new
electric power at an affordable price.
    (c)  The  development of new electric generating capacity
is needed if the State is to continue  to  be  successful  in
attracting new businesses and jobs.
    (d)  Certain  regions  of  the  State,  such  as Southern
Illinois,  could  benefit   greatly   from   new   employment
opportunities  created  by development of electric generating
plants utilizing the plentiful supply of Illinois coal.
    (e)  Technology can be deployed that  allows  high-sulfur
Illinois  coal  to be burned efficiently while meeting strict
State and federal air quality limitations. Specifically,  the
State  of  Illinois  will encourage the use of advanced clean
coal technology, such as coal gasification.
    (f)  Renewable forms of energy should be promoted  as  an
important element of the energy and environmental policies of
the  State  and it is a goal of the State that at least 5% of
the  State's  energy  production  and  use  be  derived  from
renewable forms of energy by  2010  and  at  least  15%  from
renewable forms of energy by 2020.
    Section 10.  Definitions.  As used in this Act:
    "Department"  means  the  Illinois Department of Commerce
and Community Affairs.

    Section 15.  Purpose.  The  State  of  Illinois  and  its
people  will  benefit  for many years to come if new electric
generating facilities are built that  increase  the  in-State
capacity  to  provide for current and anticipated electricity
demand at a competitive price.  The purpose of this Act is to
enhance the State's energy security by ensuring that: (i) the
State's vast and underutilized coal resources are tapped as a
fuel source  for  new  electric  plants;  (ii)  the  electric
transmission  system  within  the  State  is upgraded to more
efficiently distribute  additional  amounts  of  electricity;
(iii) well-paying jobs are created as new electric plants are
built   in   regions   of  the  State  with  relatively  high
unemployment; and  (iv)  pilot  projects  are  undertaken  to
explore  the  capacity  of  new,  often  renewable sources of
energy to contribute to the State's energy security.

    Section 20.  Rules.   The  Department  is  authorized  to
adopt  rules necessary to administer the requirements of this
Act.  The Department may implement this Act through  the  use
of  emergency  rules  in  accordance  with  the provisions of
Section 5-45 of the Illinois  Administrative  Procedure  Act.
For  purposes  of  the Illinois Administrative Procedure Act,
the adoption of rules to implement this Act shall  be  deemed
an  emergency  and necessary for the public interest, safety,
and welfare.

    Section 905.  The Department of  Commerce  and  Community
Affairs  Law  of the Civil Administrative Code of Illinois is
amended by adding Section 605-332 as follows:
    (20 ILCS 605/605-332 new)
    Sec. 605-332.  Financial assistance to energy  generation
facilities.
    (a)  As used in this Section:
    "New    electric    generating    facility"    means    a
newly-constructed   electric  generation  plant  or  a  newly
constructed generation  capacity  expansion  at  an  existing
facility,  including  the  transmission  lines and associated
equipment that transfers electricity from points of supply to
points of delivery, and  for  which  foundation  construction
commenced  not sooner than July 1, 2001, which is designed to
provide  baseload  electric   generation   operating   on   a
continuous  basis  throughout  the  year;  and  which  has an
aggregate rated generating capacity of at least 400 megawatts
for all new units at one site, uses  coal  or  gases  derived
from  coal  as  its  primary  fuel  source,  and supports the
creation of at least 150 new Illinois coal mining jobs.
    "Eligible business" means  an  entity  that  proposes  to
construct  a  new  electric  generating facility and that has
applied to the Department  to  receive  financial  assistance
pursuant  to this Section. With respect to use and occupation
taxes, wherever there is a reference to taxes, that reference
means only those taxes paid on Illinois-mined coal used in  a
new electric generating facility.
    "Department"  means  the  Illinois Department of Commerce
and Community Affairs.
    (b)  The Department is authorized  to  provide  financial
assistance to eligible businesses for new electric generating
facilities from funds appropriated by the General Assembly as
further provided in this Section.
    An  eligible business seeking qualification for financial
assistance  for  a  new  electric  generating  facility,  for
purposes of this Section only, shall apply to the  Department
in  the  manner  specified by the Department.  An application
shall include, but not be limited to:
         (1)  the  completion  date  of  the   new   electric
    generating  facility  for  which  financial assistance is
    sought;
         (2)  copies of documentation  deemed  acceptable  by
    the  Department  establishing  the total State occupation
    and use taxes paid on Illinois-mined coal used at the new
    electric generating facility for a minimum of 4 preceding
    calendar quarters; and
         (3)  the  amount  of  capital  investment   by   the
    eligible   business   in   the  new  electric  generating
    facility.
    The Department shall  determine  the  maximum  amount  of
financial  assistance  for  eligible businesses in accordance
with  this  paragraph.   The  Department  shall  not  provide
financial assistance from general obligation  bond  funds  to
any   eligible   business   unless   it  receives  a  written
certification from the Director of the Bureau of  the  Budget
that  80%  of the State occupation and use tax receipts for a
minimum of the preceding 4 calendar quarters for all eligible
businesses equal or exceed 110% of the  maximum  annual  debt
service  required  with  respect  to general obligation bonds
issued  for  that  purpose.   The  Department   may   provide
financial  assistance  not  to  exceed  the  amount  of State
general obligation debt calculated as above,  the  amount  of
capital  investment  in  the  energy  generation facility, or
$100,000,000,  whichever  is   less.   Financial   assistance
received  pursuant  to  this  Section may be used for capital
facilities  consisting  of  buildings,  structures,   durable
equipment, and land at the new electric generating facility.
    An eligible business shall file a monthly report with the
Illinois   Department   of  Revenue  stating  the  amount  of
Illinois-mined coal purchased during the previous  month  for
use  in  the  new  electric generating facility, the purchase
price of that coal, the amount of State  occupation  and  use
taxes   paid   on   that   purchase  to  the  seller  of  the
Illinois-mined coal,  and  such  other  information  as  that
Department    may    reasonably   require.    In   sales   of
Illinois-mined coal between  related  parties,  the  purchase
price of the coal must have been determined in an arms-length
transaction.   The  report  shall  be filed with the Illinois
Department of Revenue on or before the 20th day of each month
on a form provided by that Department.   However,  no  report
need be filed by an eligible business in a month when it made
no  reportable  purchases  of coal in the previous month. The
Illinois Department of Revenue shall  provide  a  summary  of
such reports to the Bureau of the Budget.
    Upon   granting   financial  assistance  to  an  eligible
business, the  Department  shall  certify  the  name  of  the
eligible  business  to  the  Illinois  Department of Revenue.
Beginning with the receipt  of  the  first  report  of  State
occupation  and  use  taxes  paid by an eligible business and
continuing for a 25-year period, the Illinois  Department  of
Revenue  shall  each month pay into the Energy Infrastructure
Fund 80% of the net revenue realized from the  6.25%  general
rate  on  the  selling  price of Illinois-mined coal that was
sold to an eligible business.

    Section 910.  The Illinois Enterprise Zone Act is amended
by changing Section 5.5 as follows:

    (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
    Sec. 5.5.  High Impact Business.
    (a)  In order  to  respond  to  unique  opportunities  to
assist   in   the   encouragement,  development,  growth  and
expansion  of  the  private  sector   through   large   scale
investment   and  development  projects,  the  Department  is
authorized  to  receive  and  approve  applications  for  the
designation of "High Impact Businesses" in  Illinois  subject
to the following conditions:
         (1)  such  applications may be submitted at any time
    during the year;
         (2)  such business is not located, at  the  time  of
    designation, in an enterprise zone designated pursuant to
    this Act;
         (3) (A)  the  business  intends  to  make  a minimum
         investment of $12,000,000 which will  be  placed  in
         service  in qualified property and intends to create
         500  full-time  equivalent  jobs  at  a   designated
         location  in  Illinois  or intends to make a minimum
         investment of $30,000,000 which will  be  placed  in
         service  in qualified property and intends to retain
         1,500 full-time jobs at  a  designated  location  in
         Illinois.  The business must certify in writing that
         the investments would not be placed  in  service  in
         qualified  property  and  the  job  creation  or job
         retention would not occur without  the  tax  credits
         and  exemptions  set forth in subsection (b) of this
         Section.  The  terms   "placed   in   service"   and
         "qualified  property"  have  the  same  meanings  as
         described  in  subsection  (h) of Section 201 of the
         Illinois Income Tax Act; or
              (B)  the business intends to  establish  a  new
         electric   generating   facility   at  a  designated
         location  in  Illinois.   "New  electric  generating
         facility" for  purposes  of  this  Section  means  a
         newly-constructed  electric  generation  plant  or a
         newly-constructed generation capacity  expansion  at
         an existing electric generation plant, including the
         transmission  lines  and  associated  equipment that
         transfers  electricity  from  points  of  supply  to
         points  of  delivery,  and  for   which   such   new
         foundation  construction  commenced  not sooner than
         July 1, 2001.  Such facility shall  be  designed  to
         provide   baseload  electric  generation  and  shall
         operate on a continuous basis throughout  the  year;
         and   shall   have  an  aggregate  rated  generating
         capacity of at least 1,000  megawatts  for  all  new
         units  at  one  site  if  it uses natural gas as its
         primary fuel  and  foundation  construction  of  the
         facility  is  commenced  on  or  before December 31,
         2004, or shall have an  aggregate  rated  generating
         capacity of at least 400 megawatts for all new units
         at  one  site  if it uses coal or gases derived from
         coal as its  primary  fuel  and  shall  support  the
         creation  of  at  least 150 new Illinois coal mining
         jobs.  The business must certify in writing that the
         investments necessary to establish  a  new  electric
         generating  facility  would not be placed in service
         and the job creation in the case  of  a  coal-fueled
         plant  would  not  occur without the tax credits and
         exemptions set forth in  subsection  (b-5)  of  this
         Section.   The term "placed in service" has the same
         meaning as described in subsection  (h)  of  Section
         201 of the Illinois Income Tax Act; or
              (C)  the    business   intends   to   establish
         production  operations   at   a   new   coal   mine,
         re-establish  production operations at a closed coal
         mine, or expand production at an existing coal  mine
         at a designated location in Illinois not sooner than
         July   1,   2001;   provided   that  the  production
         operations  result  in  the  creation  of  150   new
         Illinois   coal   mining   jobs   as   described  in
         subdivision (a)(3)(B) of this Section,  and  further
         provided  that  the coal extracted from such mine is
         utilized  as  the  predominant  source  for  a   new
         electric  generating  facility.  The  business  must
         certify in writing that the investments necessary to
         establish  a  new,  expanded,  or reopened coal mine
         would not be placed in service and the job  creation
         would   not   occur  without  the  tax  credits  and
         exemptions set forth in  subsection  (b-5)  of  this
         Section.   The term "placed in service" has the same
         meaning as described in subsection  (h)  of  Section
         201 of the Illinois Income Tax Act; or
              (D)  the  business  intends  to  construct  new
         transmission    facilities   or   upgrade   existing
         transmission facilities at designated  locations  in
         Illinois,   for  which  construction  commenced  not
         sooner than July 1, 2001.  For the purposes of  this
         Section,     "transmission     facilities"     means
         transmission  lines  with  a  voltage  rating of 115
         kilovolts or above, including associated  equipment,
         that  transfer  electricity from points of supply to
         points of delivery and that transmit a  majority  of
         the   electricity   generated   by  a  new  electric
         generating facility  designated  as  a  High  Impact
         Business  in  accordance  with  this  Section.   The
         business   must   certify   in   writing   that  the
         investments necessary to construct new  transmission
         facilities    or   upgrade   existing   transmission
         facilities would not be placed  in  service  without
         the   tax   credits  and  exemptions  set  forth  in
         subsection (b-5) of this Section.  The term  "placed
         in  service"  has  the  same meaning as described in
         subsection (h) of Section 201 of the Illinois Income
         Tax Act; and
         (4)  no later than 90 days after an  application  is
    submitted,  the  Department shall notify the applicant of
    the Department's determination of  the  qualification  of
    the proposed High Impact Business under this Section.
    (b)  Businesses  designated  as  High  Impact  Businesses
pursuant  to  subdivision  (a)(3)(A)  of  this  Section shall
qualify for the  credits  and  exemptions  described  in  the
following  Acts:  Section  9-222  and Section 9-222.1A of The
Public Utilities Act, subsection (h) of Section  201  of  the
Illinois  Income  Tax  Act; and, Section 1d of the Retailers'
Occupation  Tax  Act,  provided  that   these   credits   and
exemptions  described  in  these Acts shall not be authorized
until  the  minimum  investments  set  forth  in  subdivision
(a)(3)(A) subsection (a) of this Section have been placed  in
service  in  qualified  properties  and,  in  the case of the
exemptions described in the Public Utilities Act and  Section
1d   of  the  Retailers'  Occupation  Tax  Act,  the  minimum
full-time equivalent jobs or  full-time  jobs  set  forth  in
subdivision  (a)(3)(A)  subsection  (a)  of this Section have
been created  or  retained.  Businesses  designated  as  High
Impact  Businesses  under this Section shall also qualify for
the exemption described  in  Section  5l  of  the  Retailers'
Occupation  Tax Act. The credit provided in subsection (h) of
Section  201  of  the  Illinois  Income  Tax  Act  shall   be
applicable  to investments in qualified property as set forth
in subdivision (a)(3)(A) subsection (a) of this Section.
    (b-5)  Businesses designated as  High  Impact  Businesses
pursuant  to subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D)
of this Section shall qualify for the credits and  exemptions
described   in   the  following  Acts:   Section  51  of  the
Retailers' Occupation Tax  Act,  Section  9-222  and  Section
9-222.1A  of  the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois  Income  Tax  Act;  however,  the
credits  and  exemptions  authorized  under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and  subsection
(h)  of  Section 201 of the Illinois Income Tax Act shall not
be authorized until the new electric generating facility, the
new transmission facility, or the new, expanded, or  reopened
coal   mine  is  operational,  except  that  a  new  electric
generating facility whose primary fuel source is natural  gas
is  eligible  only  for the exemption under Section 5l of the
Retailers' Occupation Tax Act.
    (c)  High  Impact   Businesses   located   in   federally
designated foreign trade zones or sub-zones are also eligible
for   additional   credits,   exemptions  and  deductions  as
described in the following Acts: Section  9-221  and  Section
9-222.1  of  the  Public Utilities Act; and subsection (g) of
Section 201, and Section 203 of the Illinois Income Tax Act.
    (d)  Existing  Illinois  businesses   which   apply   for
designation  as  a  High  Impact  Business  must  provide the
Department  with  the  prospective  plan  for   which   1,500
full-time  jobs  would  be  eliminated  in the event that the
business is not designated.
    (e)  New proposed facilities which apply for  designation
as  High  Impact  Business  must  provide the Department with
proof of alternative non-Illinois sites which  would  receive
the  proposed  investment  and job creation in the event that
the business is not designated as a High Impact Business.
    (f)  In the event that a business is  designated  a  High
Impact  Business  and it is later determined after reasonable
notice and an opportunity for a hearing as provided under The
Illinois Administrative  Procedure  Act,  that  the  business
would  have  placed  in  service  in  qualified  property the
investments and created or retained the requisite  number  of
jobs  without  the  benefits  of  the  High  Impact  Business
designation,  the Department shall be required to immediately
revoke  the  designation  and  notify  the  Director  of  the
Department of Revenue who shall begin proceedings to  recover
all  wrongfully  exempted  State  taxes  with  interest.  The
business shall  also  be  ineligible  for  all  State  funded
Department programs for a period of 10 years.
    (g)  The  Department  shall revoke a High Impact Business
designation if the participating  business  fails  to  comply
with the terms and conditions of the designation.
    (h)  Prior  to  designating  a  business,  the Department
shall  provide  the  members  of  the  General  Assembly  and
Illinois Economic and Fiscal Commission with a report setting
forth  the  terms  and  conditions  of  the  designation  and
guarantees that have  been  received  by  the  Department  in
relation to the proposed business being designated.
(Source: P.A. 91-914, eff. 7-7-00.)

    Section  912.   The  Renewable Energy, Energy Efficiency,
and Coal Resources Development Law  of  1997  is  amended  by
changing Section 6-3 as follows:

    (20 ILCS 687/6-3)
    (Section scheduled to be repealed on December 16, 2007)
    Sec. 6-3. Renewable energy resources program.
    (a)  The Department of Commerce and Community Affairs, to
be  called  the  "Department"  hereinafter in this Law, shall
administer the Renewable Energy Resources Program to  provide
grants,  loans,  and other incentives to foster investment in
and the development and use of renewable energy resources.
    (b)  The Department shall establish eligibility  criteria
for  grants, loans, and other incentives to foster investment
in and the development and use of renewable energy resources.
These criteria shall be reviewed  annually  and  adjusted  as
necessary.  The criteria should promote the goal of fostering
investment in and the development and use,  in  Illinois,  of
renewable energy resources.
    (c)  The Department shall accept applications for grants,
loans,  and  other incentives to foster investment in and the
development and use of renewable energy resources.
    (d)  To  the  extent  that  funds   are   available   and
appropriated, the Department shall provide grants, loans, and
other   incentives  to  applicants  that  meet  the  criteria
specified by the Department.
    (e)  The Department shall conduct an annual study on  the
use   and  availability  of  renewable  energy  resources  in
Illinois. Each year, the Department shall submit a report  on
the  study to the General Assembly. This report shall include
suggestions  for  legislation  which   will   encourage   the
development and use of renewable energy resources.
    (f)  As  used  in  this Law, "renewable energy resources"
includes energy from wind, solar thermal energy, photovoltaic
cells and panels, dedicated crops grown for energy production
and organic waste biomass, hydropower that does  not  involve
new construction or significant expansion of hydropower dams,
and   other   such  alternative  sources  of  environmentally
preferable energy.  "Renewable  energy  resources"  does  not
include,  however,  energy  from the incineration, burning or
heating of waste wood,  tires,  garbage,  general  household,
institutional  and  commercial waste, industrial lunchroom or
office waste, landscape waste, or construction or  demolition
debris.
    (g)  There  is  created  the Energy Efficiency Investment
Fund  as  a  special  fund  in  the  State  Treasury,  to  be
administered by the Department to support the development  of
technologies  for wind, biomass, and solar power in Illinois.
The Department may accept private and public funds, including
federal funds, for deposit into the Fund.
(Source: P.A. 90-561, eff. 12-16-97.)

    Section 915.  The State Finance Act is amended by  adding
Sections 5.545, 5.546, and 6z-51 as follows:

    (30 ILCS 105/5.545 new)
    Sec. 5.545. The Energy Infrastructure Fund.
    (30 ILCS 105/5.546 new)
    Sec. 5.546. The Energy Efficiency Investment Fund.

    (30 ILCS 105/6z-51 new)
    Sec. 6z-51.  The Energy Infrastructure Fund.
    (a)  The  Energy  Infrastructure  Fund  is  created  as a
special fund in the State treasury.
    (b)  Money in the Energy Infrastructure  Fund  shall,  if
and when the State of Illinois issues any bonded indebtedness
for   financial   assistance   to   new  electric  generating
facilities, as provided in Section 605-332 of the  Department
of   Commerce   and   Community  Affairs  Law  of  the  Civil
Administrative Code of Illinois, be set aside  and  used  for
the  purpose of paying and discharging annually the principal
and  interest  on  that  bonded  indebtedness  then  due  and
payable, and for no other purpose.
    In addition to other transfers to the General  Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of  the  General  Obligation  Bond Act, upon each delivery of
bonds  issued  for  financial  assistance  to  new   electric
generating facilities under Section 605-332 of the Department
of   Commerce   and   Community  Affairs  Law  of  the  Civil
Administrative Code of Illinois, the State Comptroller  shall
compute  and  certify to the State Treasurer the total amount
of principal and interest, and premium, if any, on such bonds
during the then current and each succeeding fiscal year.   On
or before the last day of each month, the State Treasurer and
the   State   Comptroller  shall  transfer  from  the  Energy
Infrastructure Fund to the General Obligation Bond Retirement
and Interest Fund an amount sufficient to pay  the  aggregate
of the principal of, interest on, and premium, if any, on the
bonds  payable  on  their  next  payment date, divided by the
number  of  monthly  transfers  occurring  between  the  last
previous payment date (or the delivery  date  if  no  payment
date has yet occurred) and the next succeeding payment date.
    (c)  To   the   extent   that   moneys   in   the  Energy
Infrastructure Fund, in the opinion of the Governor  and  the
Director  of  the Bureau of the Budget, are in excess of 125%
of the maximum debt service in any fiscal year, such  surplus
shall, subject to appropriation, be used by the Department of
Commerce and Community Affairs for financial assistance under
other   coal   development   programs   administered  by  the
Department, in accordance with the rules of the Department or
for other State purposes subject to appropriation.

    Section 918.  The Illinois Income Tax Act is  amended  by
changing Section 201 as follows:

    (35 ILCS 5/201) (from Ch. 120, par. 2-201)
    Sec. 201.  Tax Imposed.
    (a)  In  general.  A tax measured by net income is hereby
imposed on every individual, corporation,  trust  and  estate
for  each  taxable  year  ending  after  July 31, 1969 on the
privilege of earning or receiving income in or as a  resident
of  this  State.  Such  tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
    (b)  Rates. The tax imposed by  subsection  (a)  of  this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
         (1)  In  the case of an individual, trust or estate,
    for taxable years ending prior to July 1, 1989, an amount
    equal to 2 1/2% of the  taxpayer's  net  income  for  the
    taxable year.
         (2)  In  the case of an individual, trust or estate,
    for taxable years beginning prior to  July  1,  1989  and
    ending after June 30, 1989, an amount equal to the sum of
    (i)  2  1/2%  of the taxpayer's net income for the period
    prior to July 1, 1989, as calculated under Section 202.3,
    and (ii) 3% of the taxpayer's net income for  the  period
    after June 30, 1989, as calculated under Section 202.3.
         (3)  In  the case of an individual, trust or estate,
    for taxable years  beginning  after  June  30,  1989,  an
    amount  equal  to 3% of the taxpayer's net income for the
    taxable year.
         (4)  (Blank).
         (5)  (Blank).
         (6)  In the case of a corporation, for taxable years
    ending prior to July 1, 1989, an amount equal  to  4%  of
    the taxpayer's net income for the taxable year.
         (7)  In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989,  an  amount  equal  to  the  sum  of  (i) 4% of the
    taxpayer's net income for the period  prior  to  July  1,
    1989, as calculated under Section 202.3, and (ii) 4.8% of
    the  taxpayer's  net income for the period after June 30,
    1989, as calculated under Section 202.3.
         (8)  In the case of a corporation, for taxable years
    beginning after June 30, 1989, an amount equal to 4.8% of
    the taxpayer's net income for the taxable year.
    (c)  Beginning  on  July  1,  1979  and  thereafter,   in
addition to such income tax, there is also hereby imposed the
Personal  Property Tax Replacement Income Tax measured by net
income  on  every   corporation   (including   Subchapter   S
corporations),  partnership  and trust, for each taxable year
ending after June 30, 1979.  Such taxes are  imposed  on  the
privilege  of earning or receiving income in or as a resident
of this State.  The Personal Property Tax Replacement  Income
Tax  shall  be  in  addition  to  the  income  tax imposed by
subsections (a) and (b) of this Section and  in  addition  to
all other occupation or privilege taxes imposed by this State
or  by  any  municipal  corporation  or political subdivision
thereof.
    (d)  Additional Personal Property Tax Replacement  Income
Tax  Rates.  The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a  corporation,  other  than  a  Subchapter  S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1,  1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in  the  case  of  a
partnership,  trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
    (d-1)  Rate reduction for certain foreign  insurers.   In
the case of a foreign insurer, as defined by Section 35A-5 of
the  Illinois  Insurance  Code,  whose  state  or  country of
domicile  imposes  on  insurers  domiciled  in   Illinois   a
retaliatory  tax  (excluding  any insurer whose premiums from
reinsurance assumed are 50% or more of  its  total  insurance
premiums  as determined under paragraph (2) of subsection (b)
of  Section  304,  except   that   for   purposes   of   this
determination   premiums  from  reinsurance  do  not  include
premiums  from  inter-affiliate  reinsurance   arrangements),
beginning  with taxable years ending on or after December 31,
1999, the sum of the rates of tax imposed by subsections  (b)
and  (d)  shall be reduced (but not increased) to the rate at
which the total amount of tax imposed under this Act, net  of
all credits allowed under this Act, shall equal (i) the total
amount  of tax that would be imposed on the foreign insurer's
net income allocable to Illinois for the taxable year by such
foreign insurer's state or country of domicile  if  that  net
income were subject to all income taxes and taxes measured by
net income imposed by such foreign insurer's state or country
of  domicile,  net  of  all credits allowed or (ii) a rate of
zero if no such tax is imposed on such income by the  foreign
insurer's  state  of  domicile.  For  the  purposes  of  this
subsection   (d-1),  an  inter-affiliate  includes  a  mutual
insurer under common management.
         (1)  For the purposes of  subsection  (d-1),  in  no
    event  shall  the  sum  of  the  rates  of tax imposed by
    subsections (b) and (d) be  reduced  below  the  rate  at
    which the sum of:
              (A)  the  total  amount  of tax imposed on such
         foreign insurer under this Act for a  taxable  year,
         net of all credits allowed under this Act, plus
              (B)  the  privilege  tax imposed by Section 409
         of the Illinois Insurance Code, the  fire  insurance
         company  tax  imposed  by  Section  12  of  the Fire
         Investigation Act, and  the  fire  department  taxes
         imposed   under  Section  11-10-1  of  the  Illinois
         Municipal Code,
    equals 1.25% of the net taxable premiums written for  the
    taxable  year,  as described by subsection (1) of Section
    409 of the Illinois Insurance Code.  This paragraph  will
    in  no event increase the rates imposed under subsections
    (b) and (d).
         (2)  Any reduction in the rates of  tax  imposed  by
    this  subsection shall be applied first against the rates
    imposed by subsection (b) and only after the tax  imposed
    by  subsection  (a) net of all credits allowed under this
    Section other than the credit  allowed  under  subsection
    (i)  has  been reduced to zero, against the rates imposed
    by subsection (d).
    This subsection (d-1) is exempt from  the  provisions  of
Section 250.
    (e)  Investment  credit.   A  taxpayer shall be allowed a
credit against the Personal Property Tax  Replacement  Income
Tax for investment in qualified property.
         (1)  A  taxpayer  shall be allowed a credit equal to
    .5% of the basis of qualified property placed in  service
    during the taxable year, provided such property is placed
    in  service  on  or  after  July 1, 1984.  There shall be
    allowed an additional credit equal to .5% of the basis of
    qualified property placed in service during  the  taxable
    year,  provided  such property is placed in service on or
    after July 1, 1986, and the  taxpayer's  base  employment
    within  Illinois  has  increased  by  1% or more over the
    preceding year as determined by the taxpayer's employment
    records filed with the Illinois Department of  Employment
    Security.   Taxpayers  who  are  new to Illinois shall be
    deemed to have met the 1% growth in base  employment  for
    the first year in which they file employment records with
    the  Illinois  Department  of  Employment  Security.  The
    provisions added to this Section by  Public  Act  85-1200
    (and restored by Public Act 87-895) shall be construed as
    declaratory  of  existing law and not as a new enactment.
    If, in any year, the increase in base  employment  within
    Illinois  over  the  preceding  year is less than 1%, the
    additional credit shall be  limited  to  that  percentage
    times  a  fraction, the numerator of which is .5% and the
    denominator of which is 1%, but  shall  not  exceed  .5%.
    The  investment credit shall not be allowed to the extent
    that it would reduce a taxpayer's liability  in  any  tax
    year  below  zero,  nor  may  any  credit  for  qualified
    property  be  allowed for any year other than the year in
    which the property was placed in service in Illinois. For
    tax years ending on or after December 31, 1987, and on or
    before December 31, 1988, the credit shall be allowed for
    the tax year in which the property is placed in  service,
    or, if the amount of the credit exceeds the tax liability
    for  that year, whether it exceeds the original liability
    or the liability as later amended,  such  excess  may  be
    carried forward and applied to the tax liability of the 5
    taxable  years  following  the excess credit years if the
    taxpayer (i) makes investments which cause  the  creation
    of  a  minimum  of  2,000  full-time  equivalent  jobs in
    Illinois,  (ii)  is  located  in   an   enterprise   zone
    established  pursuant to the Illinois Enterprise Zone Act
    and (iii) is certified by the Department of Commerce  and
    Community  Affairs  as  complying  with  the requirements
    specified in clause (i) and (ii) by July  1,  1986.   The
    Department of Commerce and Community Affairs shall notify
    the  Department  of  Revenue  of  all such certifications
    immediately. For tax  years  ending  after  December  31,
    1988,  the  credit  shall  be allowed for the tax year in
    which the property is  placed  in  service,  or,  if  the
    amount  of  the credit exceeds the tax liability for that
    year, whether it exceeds the original  liability  or  the
    liability  as  later  amended, such excess may be carried
    forward and applied to the tax liability of the 5 taxable
    years following the excess credit years. The credit shall
    be applied to the earliest year  for  which  there  is  a
    liability. If there is credit from more than one tax year
    that  is  available to offset a liability, earlier credit
    shall be applied first.
         (2)  The term "qualified  property"  means  property
    which:
              (A)  is   tangible,   whether   new   or  used,
         including buildings  and  structural  components  of
         buildings  and signs that are real property, but not
         including land or improvements to real property that
         are not a structural component of a building such as
         landscaping,  sewer  lines,  local   access   roads,
         fencing, parking lots, and other appurtenances;
              (B)  is  depreciable pursuant to Section 167 of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (e);
              (C)  is acquired  by  purchase  as  defined  in
         Section 179(d) of the Internal Revenue Code;
              (D)  is  used  in Illinois by a taxpayer who is
         primarily engaged in  manufacturing,  or  in  mining
         coal or fluorite, or in retailing; and
              (E)  has  not  previously been used in Illinois
         in such a manner and  by  such  a  person  as  would
         qualify  for  the credit provided by this subsection
         (e) or subsection (f).
         (3)  For   purposes   of   this   subsection    (e),
    "manufacturing" means the material staging and production
    of  tangible  personal  property  by  procedures commonly
    regarded as manufacturing,  processing,  fabrication,  or
    assembling  which changes some existing material into new
    shapes, new qualities, or new combinations.  For purposes
    of this subsection (e) the term "mining" shall  have  the
    same  meaning  as  the term "mining" in Section 613(c) of
    the  Internal  Revenue  Code.   For  purposes   of   this
    subsection  (e),  the  term "retailing" means the sale of
    tangible  personal  property  or  services  rendered   in
    conjunction  with  the sale of tangible consumer goods or
    commodities.
         (4)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (5)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in Illinois by the taxpayer, the amount
    of  such  increase  shall  be  deemed  property placed in
    service on the date of such increase in basis.
         (6)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (7)  If during any taxable year, any property ceases
    to be qualified property in the  hands  of  the  taxpayer
    within  48  months  after being placed in service, or the
    situs of any qualified property is moved outside Illinois
    within 48 months  after  being  placed  in  service,  the
    Personal  Property  Tax  Replacement  Income Tax for such
    taxable year shall be increased.  Such increase shall  be
    determined by (i) recomputing the investment credit which
    would  have been allowed for the year in which credit for
    such property was originally allowed by eliminating  such
    property from such computation and, (ii) subtracting such
    recomputed  credit  from  the amount of credit previously
    allowed. For  the  purposes  of  this  paragraph  (7),  a
    reduction  of  the  basis of qualified property resulting
    from a redetermination of the  purchase  price  shall  be
    deemed  a disposition of qualified property to the extent
    of such reduction.
         (8)  Unless the investment  credit  is  extended  by
    law,  the  basis  of qualified property shall not include
    costs incurred after December 31, 2003, except for  costs
    incurred  pursuant  to a binding contract entered into on
    or before December 31, 2003.
         (9)  Each taxable year ending  before  December  31,
    2000,  a  partnership  may  elect  to pass through to its
    partners the credits to which the partnership is entitled
    under this  subsection  (e)  for  the  taxable  year.   A
    partner  may use the credit allocated to him or her under
    this  paragraph  only  against   the   tax   imposed   in
    subsections   (c)  and  (d)  of  this  Section.   If  the
    partnership makes that election, those credits  shall  be
    allocated  among  the  partners  in  the  partnership  in
    accordance  with the rules set forth in Section 704(b) of
    the Internal Revenue  Code,  and  the  rules  promulgated
    under  that  Section,  and  the  allocated  amount of the
    credits shall be allowed to the partners for that taxable
    year.  The partnership shall make this  election  on  its
    Personal  Property  Tax Replacement Income Tax return for
    that taxable year.  The  election  to  pass  through  the
    credits shall be irrevocable.
         For  taxable  years  ending on or after December 31,
    2000, a partner that  qualifies  its  partnership  for  a
    subtraction  under  subparagraph  (I) of paragraph (2) of
    subsection (d) of  Section  203  or  a  shareholder  that
    qualifies  a  Subchapter  S corporation for a subtraction
    under subparagraph (S) of paragraph (2) of subsection (b)
    of Section 203 shall  be  allowed  a  credit  under  this
    subsection  (e)  equal  to its share of the credit earned
    under this subsection (e) during the taxable year by  the
    partnership  or  Subchapter  S corporation, determined in
    accordance  with  the   determination   of   income   and
    distributive  share  of income under Sections 702 and 704
    and Subchapter S of  the  Internal  Revenue  Code.   This
    paragraph is exempt from the provisions of Section 250.
      (f)  Investment credit; Enterprise Zone.
         (1)  A  taxpayer  shall  be allowed a credit against
    the tax imposed  by  subsections  (a)  and  (b)  of  this
    Section  for  investment  in  qualified property which is
    placed in service in an Enterprise Zone created  pursuant
    to  the  Illinois  Enterprise  Zone  Act.  For  partners,
    shareholders  of Subchapter S corporations, and owners of
    limited liability companies, if the liability company  is
    treated  as  a  partnership  for  purposes of federal and
    State income taxation, there shall be  allowed  a  credit
    under  this subsection (f) to be determined in accordance
    with the determination of income and  distributive  share
    of  income under Sections 702 and 704 and Subchapter S of
    the Internal Revenue Code. The credit shall be .5% of the
    basis for such property.  The credit shall  be  available
    only  in the taxable year in which the property is placed
    in service in  the  Enterprise  Zone  and  shall  not  be
    allowed  to  the extent that it would reduce a taxpayer's
    liability for the tax imposed by subsections (a) and  (b)
    of this Section to below zero. For tax years ending on or
    after  December 31, 1985, the credit shall be allowed for
    the tax year in which the property is placed in  service,
    or, if the amount of the credit exceeds the tax liability
    for  that year, whether it exceeds the original liability
    or the liability as later amended,  such  excess  may  be
    carried forward and applied to the tax liability of the 5
    taxable  years  following  the  excess  credit  year. The
    credit shall be applied to the earliest  year  for  which
    there  is  a liability. If there is credit from more than
    one tax year that is available to offset a liability, the
    credit accruing first in time shall be applied first.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (f);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code;
              (D)  is used in  the  Enterprise  Zone  by  the
         taxpayer; and
              (E)  has  not  been previously used in Illinois
         in such a manner and  by  such  a  person  as  would
         qualify  for  the credit provided by this subsection
         (f) or subsection (e).
         (3)  The basis of qualified property  shall  be  the
    basis  used  to  compute  the  depreciation deduction for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax depreciation purposes is increased after it has  been
    placed in service in the Enterprise Zone by the taxpayer,
    the  amount  of  such  increase  shall be deemed property
    placed in service on the date of such increase in basis.
         (5)  The term "placed in  service"  shall  have  the
    same  meaning as under Section 46 of the Internal Revenue
    Code.
         (6)  If during any taxable year, any property ceases
    to be qualified property in the  hands  of  the  taxpayer
    within  48  months  after being placed in service, or the
    situs of any qualified  property  is  moved  outside  the
    Enterprise  Zone  within  48 months after being placed in
    service, the tax imposed under subsections (a) and (b) of
    this Section for such taxable year  shall  be  increased.
    Such  increase shall be determined by (i) recomputing the
    investment credit which would have been allowed  for  the
    year  in  which  credit  for such property was originally
    allowed  by   eliminating   such   property   from   such
    computation,  and (ii) subtracting such recomputed credit
    from the amount of credit previously  allowed.   For  the
    purposes  of this paragraph (6), a reduction of the basis
    of qualified property resulting from a redetermination of
    the purchase price  shall  be  deemed  a  disposition  of
    qualified property to the extent of such reduction.
      (g)  Jobs Tax Credit; Enterprise Zone and Foreign Trade
Zone or Sub-Zone.
         (1)  A taxpayer conducting a trade or business in an
    enterprise  zone  or a High Impact Business designated by
    the  Department  of  Commerce   and   Community   Affairs
    conducting  a trade or business in a federally designated
    Foreign Trade Zone or Sub-Zone shall be allowed a  credit
    against  the  tax  imposed  by subsections (a) and (b) of
    this Section in the amount of $500 per eligible  employee
    hired to work in the zone during the taxable year.
         (2)  To qualify for the credit:
              (A)  the  taxpayer must hire 5 or more eligible
         employees to work in an enterprise zone or federally
         designated Foreign Trade Zone or Sub-Zone during the
         taxable year;
              (B)  the taxpayer's total employment within the
         enterprise  zone  or  federally  designated  Foreign
         Trade Zone or Sub-Zone must increase by  5  or  more
         full-time  employees  beyond  the  total employed in
         that zone at the end of the previous  tax  year  for
         which  a  jobs  tax  credit  under  this Section was
         taken, or beyond the total employed by the  taxpayer
         as of December 31, 1985, whichever is later; and
              (C)  the  eligible  employees  must be employed
         180 consecutive days in order to be deemed hired for
         purposes of this subsection.
         (3)  An "eligible employee" means  an  employee  who
    is:
              (A)  Certified  by  the  Department of Commerce
         and Community Affairs  as  "eligible  for  services"
         pursuant  to  regulations  promulgated in accordance
         with Title II of the Job Training  Partnership  Act,
         Training Services for the Disadvantaged or Title III
         of  the Job Training Partnership Act, Employment and
         Training Assistance for Dislocated Workers Program.
              (B)  Hired  after  the   enterprise   zone   or
         federally  designated Foreign Trade Zone or Sub-Zone
         was designated or the trade or business was  located
         in that zone, whichever is later.
              (C)  Employed in the enterprise zone or Foreign
         Trade  Zone  or Sub-Zone. An employee is employed in
         an enterprise zone or federally  designated  Foreign
         Trade  Zone or Sub-Zone if his services are rendered
         there or it  is  the  base  of  operations  for  the
         services performed.
              (D)  A  full-time  employee  working 30 or more
         hours per week.
         (4)  For tax years ending on or after  December  31,
    1985  and prior to December 31, 1988, the credit shall be
    allowed for the tax year in which the eligible  employees
    are hired.  For tax years ending on or after December 31,
    1988,  the  credit  shall  be  allowed  for  the tax year
    immediately following the tax year in which the  eligible
    employees are hired.  If the amount of the credit exceeds
    the  tax  liability for that year, whether it exceeds the
    original liability or the  liability  as  later  amended,
    such excess may be carried forward and applied to the tax
    liability  of  the  5  taxable years following the excess
    credit year.  The credit shall be applied to the earliest
    year for which there is a liability. If there  is  credit
    from more than one tax year that is available to offset a
    liability, earlier credit shall be applied first.
         (5)  The Department of Revenue shall promulgate such
    rules and regulations as may be deemed necessary to carry
    out the purposes of this subsection (g).
         (6)  The  credit  shall  be  available  for eligible
    employees hired on or after January 1, 1986.
         (h)  Investment credit; High Impact Business.
         (1)  Subject to subsections subsection (b) and (b-5)
    of Section 5.5 of the Illinois  Enterprise  Zone  Act,  a
    taxpayer  shall  be  allowed  a  credit  against  the tax
    imposed by subsections (a) and (b) of  this  Section  for
    investment  in  qualified  property  which  is  placed in
    service by a Department of Commerce and Community Affairs
    designated High Impact Business.  The credit shall be .5%
    of the basis for such property.  The credit shall not  be
    available  (i) until the minimum investments in qualified
    property set forth in subdivision  (a)(3)(A)  of  Section
    5.5  of  the  Illinois  Enterprise  Zone  Act  have  been
    satisfied or (ii) until the time authorized in subsection
    (b-5)  of  the  Illinois Enterprise Zone Act for entities
    designated as High Impact Businesses  under  subdivisions
    (a)(3)(B), (a)(3)(C), and (a)(3)(D) of Section 5.5 of the
    Illinois Enterprise Zone Act, and shall not be allowed to
    the  extent  that  it would reduce a taxpayer's liability
    for the tax imposed by subsections (a) and  (b)  of  this
    Section  to  below  zero.  The  credit applicable to such
    minimum investments shall be taken in the taxable year in
    which such minimum investments have been completed.   The
    credit  for  additional  investments  beyond  the minimum
    investment  by  a   designated   high   impact   business
    authorized  under subdivision (a)(3)(A) of Section 5.5 of
    the Illinois Enterprise Zone Act shall be available  only
    in  the  taxable  year in which the property is placed in
    service and shall not be allowed to the  extent  that  it
    would  reduce  a taxpayer's liability for the tax imposed
    by subsections (a) and (b) of this Section to below zero.
    For tax years ending on or after December 31,  1987,  the
    credit  shall  be  allowed  for the tax year in which the
    property is placed in service, or, if the amount  of  the
    credit  exceeds  the tax liability for that year, whether
    it exceeds the original liability  or  the  liability  as
    later  amended,  such  excess  may be carried forward and
    applied to the tax  liability  of  the  5  taxable  years
    following  the  excess  credit year.  The credit shall be
    applied to  the  earliest  year  for  which  there  is  a
    liability.   If  there  is  credit from more than one tax
    year that is available to offset a liability, the  credit
    accruing first in time shall be applied first.
         Changes  made  in  this subdivision (h)(1) by Public
    Act 88-670 restore changes made by Public Act 85-1182 and
    reflect existing law.
         (2)  The  term  qualified  property  means  property
    which:
              (A)  is  tangible,   whether   new   or   used,
         including  buildings  and  structural  components of
         buildings;
              (B)  is depreciable pursuant to Section 167  of
         the  Internal  Revenue  Code,  except  that  "3-year
         property" as defined in Section 168(c)(2)(A) of that
         Code is not eligible for the credit provided by this
         subsection (h);
              (C)  is  acquired  by  purchase  as  defined in
         Section 179(d) of the Internal Revenue Code; and
              (D)  is not eligible for  the  Enterprise  Zone
         Investment Credit provided by subsection (f) of this
         Section.
         (3)  The  basis  of  qualified property shall be the
    basis used to  compute  the  depreciation  deduction  for
    federal income tax purposes.
         (4)  If the basis of the property for federal income
    tax  depreciation purposes is increased after it has been
    placed in service in a federally designated Foreign Trade
    Zone or Sub-Zone located in Illinois by the taxpayer, the
    amount of such increase shall be deemed  property  placed
    in service on the date of such increase in basis.
         (5)  The  term  "placed  in  service" shall have the
    same meaning as under Section 46 of the Internal  Revenue
    Code.
         (6)  If  during any taxable year ending on or before
    December 31, 1996, any property ceases  to  be  qualified
    property  in  the  hands of the taxpayer within 48 months
    after being placed  in  service,  or  the  situs  of  any
    qualified  property  is  moved outside Illinois within 48
    months after being placed in  service,  the  tax  imposed
    under  subsections  (a)  and (b) of this Section for such
    taxable year shall be increased.  Such increase shall  be
    determined by (i) recomputing the investment credit which
    would  have been allowed for the year in which credit for
    such property was originally allowed by eliminating  such
    property from such computation, and (ii) subtracting such
    recomputed  credit  from  the amount of credit previously
    allowed.  For the  purposes  of  this  paragraph  (6),  a
    reduction  of  the  basis of qualified property resulting
    from a redetermination of the  purchase  price  shall  be
    deemed  a disposition of qualified property to the extent
    of such reduction.
         (7)  Beginning with tax years ending after  December
    31,  1996,  if  a taxpayer qualifies for the credit under
    this  subsection  (h)  and  thereby  is  granted  a   tax
    abatement  and the taxpayer relocates its entire facility
    in violation of the explicit  terms  and  length  of  the
    contract  under  Section 18-183 of the Property Tax Code,
    the tax imposed under subsections (a)  and  (b)  of  this
    Section  shall be increased for the taxable year in which
    the taxpayer relocated its facility by an amount equal to
    the amount of credit received by the taxpayer under  this
    subsection (h).
    (i)  A credit shall be allowed against the tax imposed by
subsections  (a)  and (b) of this Section for the tax imposed
by subsections (c) and (d)  of  this  Section.   This  credit
shall   be   computed  by  multiplying  the  tax  imposed  by
subsections (c) and (d) of this Section by  a  fraction,  the
numerator  of  which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying  the  product  by  the  tax   rate   imposed   by
subsections (a) and (b) of this Section.
    Any  credit  earned  on  or after December 31, 1986 under
this subsection which is unused in the  year  the  credit  is
computed  because  it  exceeds  the  tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may  be
carried  forward  and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following  the
excess  credit  year.   This credit shall be applied first to
the earliest year for which there is a liability.   If  there
is a credit under this subsection from more than one tax year
that  is  available to offset a liability the earliest credit
arising under this subsection shall be applied first.
    If, during any taxable year ending on or  after  December
31,  1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under  this
subsection  (i) is reduced, the amount of credit for such tax
shall also be reduced.  Such reduction shall be determined by
recomputing the credit to take into account the  reduced  tax
imposed  by  subsection  (c)  and (d).  If any portion of the
reduced amount of credit has  been  carried  to  a  different
taxable  year,  an  amended  return  shall  be filed for such
taxable year to reduce the amount of credit claimed.
    (j)  Training expense credit.  Beginning with  tax  years
ending  on  or  after  December 31, 1986, a taxpayer shall be
allowed a credit against the tax imposed  by  subsection  (a)
and  (b)  under this Section for all amounts paid or accrued,
on behalf of all persons employed by the taxpayer in Illinois
or Illinois residents  employed  outside  of  Illinois  by  a
taxpayer,   for   educational   or   vocational  training  in
semi-technical or technical fields or semi-skilled or skilled
fields,  which  were  deducted  from  gross  income  in   the
computation  of  taxable  income.  The credit against the tax
imposed by subsections (a) and (b)  shall  be  1.6%  of  such
training  expenses.  For partners, shareholders of subchapter
S corporations, and owners of limited liability companies, if
the  liability  company  is  treated  as  a  partnership  for
purposes of federal and State income taxation, there shall be
allowed a credit under this subsection (j) to  be  determined
in   accordance   with   the   determination  of  income  and
distributive share of income under Sections 702 and  704  and
subchapter S of the Internal Revenue Code.
    Any  credit allowed under this subsection which is unused
in the year the credit is earned may be  carried  forward  to
each  of the 5 taxable years following the year for which the
credit is first computed until it is used.  This credit shall
be applied first to the earliest year for which  there  is  a
liability.   If  there is a credit under this subsection from
more than  one  tax  year  that  is  available  to  offset  a
liability  the  earliest credit arising under this subsection
shall be applied first.
    (k)  Research and development credit.
    Beginning with tax years ending after  July  1,  1990,  a
taxpayer shall be allowed a credit against the tax imposed by
subsections  (a)  and  (b)  of  this  Section  for increasing
research  activities  in  this  State.   The  credit  allowed
against the tax imposed by subsections (a) and (b)  shall  be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State. For partners, shareholders
of subchapter S corporations, and owners of limited liability
companies,   if   the  liability  company  is  treated  as  a
partnership  for  purposes  of  federal  and   State   income
taxation,   there  shall  be  allowed  a  credit  under  this
subsection  to  be  determined   in   accordance   with   the
determination  of  income  and  distributive  share of income
under Sections 702 and 704 and subchapter S of  the  Internal
Revenue Code.
    For    purposes    of    this   subsection,   "qualifying
expenditures" means the qualifying  expenditures  as  defined
for  the  federal  credit  for increasing research activities
which would be allowable under Section  41  of  the  Internal
Revenue   Code   and  which  are  conducted  in  this  State,
"qualifying expenditures for increasing  research  activities
in  this  State"  means the excess of qualifying expenditures
for the  taxable  year  in  which  incurred  over  qualifying
expenditures  for  the  base period, "qualifying expenditures
for the base period" means  the  average  of  the  qualifying
expenditures  for  each  year  in  the base period, and "base
period" means the 3 taxable years immediately  preceding  the
taxable year for which the determination is being made.
    Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused  credit  shown  on  its final completed return carried
over as a credit against the tax liability for the  following
5  taxable  years  or until it has been fully used, whichever
occurs first.
    If an unused credit is carried forward to  a  given  year
from  2  or  more  earlier  years, that credit arising in the
earliest year will be applied first against the tax liability
for the given year.  If a tax liability for  the  given  year
still  remains,  the  credit from the next earliest year will
then be applied, and so on, until all credits have been  used
or  no  tax  liability  for  the  given  year  remains.   Any
remaining  unused  credit  or  credits  then  will be carried
forward to the next following year in which a  tax  liability
is  incurred, except that no credit can be carried forward to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
    Unless extended by law,  the  credit  shall  not  include
costs  incurred  after  December  31,  2004, except for costs
incurred pursuant to a binding contract entered  into  on  or
before December 31, 2004.
    No  inference  shall be drawn from this amendatory Act of
the 91st General Assembly  in  construing  this  Section  for
taxable years beginning before January 1, 1999.
    (l)  Environmental Remediation Tax Credit.
         (i)  For  tax   years ending after December 31, 1997
    and on or before December 31, 2001, a taxpayer  shall  be
    allowed  a  credit against the tax imposed by subsections
    (a) and (b) of this Section for certain amounts paid  for
    unreimbursed  eligible remediation costs, as specified in
    this  subsection.   For   purposes   of   this   Section,
    "unreimbursed  eligible  remediation  costs"  means costs
    approved by the Illinois Environmental Protection  Agency
    ("Agency")  under  Section  58.14  of  the  Environmental
    Protection Act that were paid in performing environmental
    remediation  at a site for which a No Further Remediation
    Letter was  issued  by  the  Agency  and  recorded  under
    Section  58.10  of the Environmental Protection Act.  The
    credit must be claimed for  the  taxable  year  in  which
    Agency  approval  of  the  eligible  remediation costs is
    granted.  The credit is not available to any taxpayer  if
    the  taxpayer  or any related party caused or contributed
    to, in any  material  respect,  a  release  of  regulated
    substances  on, in, or under the site that was identified
    and addressed by the remedial action pursuant to the Site
    Remediation Program of the Environmental Protection  Act.
    After  the  Pollution  Control  Board  rules  are adopted
    pursuant to the Illinois Administrative Procedure Act for
    the administration and enforcement of Section 58.9 of the
    Environmental Protection Act, determinations as to credit
    availability for purposes of this Section shall  be  made
    consistent  with  those  rules.   For  purposes  of  this
    Section,   "taxpayer"   includes   a   person  whose  tax
    attributes the taxpayer has succeeded  to  under  Section
    381  of  the  Internal  Revenue  Code and "related party"
    includes the persons disallowed a deduction for losses by
    paragraphs (b), (c), and (f)(1) of  Section  267  of  the
    Internal  Revenue  Code  by  virtue  of  being  a related
    taxpayer, as well as any of  its  partners.   The  credit
    allowed  against  the  tax imposed by subsections (a) and
    (b) shall be equal to 25% of  the  unreimbursed  eligible
    remediation  costs in excess of $100,000 per site, except
    that the $100,000 threshold shall not apply to  any  site
    contained  in  an  enterprise  zone  as determined by the
    Department of Commerce and Community Affairs.  The  total
    credit  allowed  shall not exceed $40,000 per year with a
    maximum total of $150,000 per  site.   For  partners  and
    shareholders of subchapter S corporations, there shall be
    allowed  a  credit under this subsection to be determined
    in  accordance  with  the  determination  of  income  and
    distributive share of income under Sections 702  and  704
    and of subchapter S of the Internal Revenue Code.
         (ii)  A credit allowed under this subsection that is
    unused  in  the  year the credit is earned may be carried
    forward to each of the 5 taxable years following the year
    for which the credit is first earned until  it  is  used.
    The  term "unused credit" does not include any amounts of
    unreimbursed eligible remediation costs in excess of  the
    maximum  credit  per site authorized under paragraph (i).
    This credit shall be applied first to the  earliest  year
    for  which  there  is  a liability.  If there is a credit
    under this subsection from more than one tax year that is
    available to offset  a  liability,  the  earliest  credit
    arising  under this subsection shall be applied first.  A
    credit allowed under this subsection may  be  sold  to  a
    buyer as part of a sale of all or part of the remediation
    site  for which the credit was granted.  The purchaser of
    a remediation site and the tax credit  shall  succeed  to
    the  unused  credit and remaining carry-forward period of
    the seller.  To perfect the transfer, the assignor  shall
    record  the  transfer  in the chain of title for the site
    and  provide  written  notice  to  the  Director  of  the
    Illinois Department of Revenue of the  assignor's  intent
    to  sell  the  remediation site and the amount of the tax
    credit to be transferred as a portion of the sale.  In no
    event may a credit be transferred to any taxpayer if  the
    taxpayer  or  a related party would not be eligible under
    the provisions of subsection (i).
         (iii)  For purposes of this Section, the term "site"
    shall have the same meaning as under Section 58.2 of  the
    Environmental Protection Act.
    (m)  Education expense credit.
    Beginning  with tax years ending after December 31, 1999,
a taxpayer who is the custodian of  one  or  more  qualifying
pupils  shall  be allowed a credit against the tax imposed by
subsections  (a)  and  (b)  of  this  Section  for  qualified
education expenses  incurred  on  behalf  of  the  qualifying
pupils.   The  credit  shall  be  equal  to  25% of qualified
education expenses, but in no  event  may  the  total  credit
under  this Section claimed by a family that is the custodian
of qualifying pupils exceed $500. In no event shall a  credit
under  this  subsection reduce the taxpayer's liability under
this Act to less than zero. This subsection  is  exempt  from
the provisions of Section 250 of this Act.
    For purposes of this subsection;
    "Qualifying   pupils"   means  individuals  who  (i)  are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year  for  which  a  credit  is
sought,  and  (iii) during the school year for which a credit
is sought were full-time pupils enrolled  in  a  kindergarten
through  twelfth  grade  education  program at any school, as
defined in this subsection.
    "Qualified education expense" means the  amount  incurred
on  behalf  of  a  qualifying  pupil  in  excess  of $250 for
tuition, book fees, and lab fees at the school in  which  the
pupil is enrolled during the regular school year.
    "School"  means  any  public  or  nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and  attendance  at  which
satisfies  the  requirements  of  Section  26-1 of the School
Code, except that nothing shall be  construed  to  require  a
child  to attend any particular public or nonpublic school to
qualify for the credit under this Section.
    "Custodian" means, with respect to qualifying pupils,  an
Illinois  resident  who  is  a  parent,  the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(Source: P.A. 90-123, eff.  7-21-97;  90-458,  eff.  8-17-97;
90-605,  eff.  6-30-98;  90-655,  eff.  7-30-98; 90-717, eff.
8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357,  eff.
7-29-99;  91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860,
eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.)

    Section 920.  The Use Tax  Act  is  amended  by  changing
Section 9 as follows:

    (35 ILCS 105/9) (from Ch. 120, par. 439.9)
    Sec.   9.  Except   as  to  motor  vehicles,  watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this  State,  each retailer required or
authorized to collect the tax imposed by this Act  shall  pay
to the Department the amount of such tax (except as otherwise
provided)  at the time when he is required to file his return
for the period during which such tax was  collected,  less  a
discount  of  2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever  is
greater,  which  is  allowed  to  reimburse  the retailer for
expenses incurred in collecting  the  tax,  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to the Department on request.  In the case of retailers
who report and pay the tax on a  transaction  by  transaction
basis,  as  provided  in this Section, such discount shall be
taken with each such tax  remittance  instead  of  when  such
retailer  files  his  periodic  return.   A retailer need not
remit that part of any tax collected by  him  to  the  extent
that  he  is required to remit and does remit the tax imposed
by the Retailers' Occupation Tax Act,  with  respect  to  the
sale of the same property.
    Where  such  tangible  personal  property is sold under a
conditional sales contract, or under any other form  of  sale
wherein  the payment of the principal sum, or a part thereof,
is extended beyond the close of  the  period  for  which  the
return  is filed, the retailer, in collecting the tax (except
as to motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this  State),
may  collect  for  each  tax  return  period,  only  the  tax
applicable  to  that  part  of  the  selling  price  actually
received during such tax return period.
    Except  as  provided  in  this  Section, on or before the
twentieth day of each calendar  month,  such  retailer  shall
file  a return for the preceding calendar month.  Such return
shall be filed on forms  prescribed  by  the  Department  and
shall   furnish   such  information  as  the  Department  may
reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him  during  the  preceding  calendar month from sales of
    tangible personal property by him during  such  preceding
    calendar  month,  including receipts from charge and time
    sales, but less all deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000  or  more  shall
make  all  payments  required  by  rules of the Department by
electronic funds  transfer.  Beginning  October  1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department by electronic funds transfer. Beginning October 1,
2000,  a taxpayer who has an annual tax liability of $200,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic  funds transfer.  The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under  this  Act,  and  under  all  other  State  and   local
occupation  and  use tax laws administered by the Department,
for  the  immediately  preceding  calendar  year.  The   term
"average   monthly  tax  liability"  means  the  sum  of  the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to make payments by  electronic  funds  transfer  shall  make
those payments for a minimum of one year beginning on October
1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Before October 1, 2000, if the taxpayer's average monthly
tax  liability  to  the  Department  under  this   Act,   the
Retailers'  Occupation  Tax  Act,  the Service Occupation Tax
Act, the Service Use Tax Act was $10,000 or more  during  the
preceding  4  complete  calendar  quarters,  he  shall file a
return with the Department each month by the 20th day of  the
month   next  following  the  month  during  which  such  tax
liability  is  incurred  and  shall  make  payments  to   the
Department  on  or before the 7th, 15th, 22nd and last day of
the month during which such liability  is  incurred.  On  and
after  October 1, 2000, if the taxpayer's average monthly tax
liability to the Department under this  Act,  the  Retailers'
Occupation  Tax  Act, the Service Occupation Tax Act, and the
Service Use Tax Act was $20,000 or more during the  preceding
4 complete calendar quarters, he shall file a return with the
Department  each  month  by  the  20th  day of the month next
following the  month  during  which  such  tax  liability  is
incurred  and  shall  make  payment  to  the Department on or
before the 7th, 15th, 22nd and last day of the  month  during
which  such  liability is incurred. If the month during which
such tax liability is incurred  began  prior  to  January  1,
1985,  each payment shall be in an amount equal to 1/4 of the
taxpayer's actual liability for the month or an amount set by
the Department not to  exceed  1/4  of  the  average  monthly
liability of the taxpayer to the Department for the preceding
4  complete calendar quarters (excluding the month of highest
liability and the month of lowest liability in such 4 quarter
period).  If the month during which  such  tax  liability  is
incurred  begins  on  or  after January 1, 1985, and prior to
January 1, 1987, each payment shall be in an amount equal  to
22.5%  of  the  taxpayer's  actual liability for the month or
27.5% of the taxpayer's liability for the same calendar month
of the preceding year.  If the month during  which  such  tax
liability is incurred begins on or after January 1, 1987, and
prior  to January 1, 1988, each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  26.25%  of  the  taxpayer's liability for the same
calendar month of the preceding year.  If  the  month  during
which  such  tax  liability  is  incurred  begins on or after
January 1, 1988, and prior to January 1, 1989, or  begins  on
or  after January 1, 1996, each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  25%  of  the  taxpayer's  liability  for  the same
calendar month of the preceding year.  If  the  month  during
which  such  tax  liability  is  incurred  begins on or after
January 1, 1989, and prior to January 1, 1996,  each  payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability  for  the  month or 25% of the taxpayer's liability
for the same calendar month of the preceding year or 100%  of
the  taxpayer's  actual  liability  for  the  quarter monthly
reporting  period.   The  amount  of  such  quarter   monthly
payments shall be credited against the final tax liability of
the  taxpayer's  return  for  that  month.  Before October 1,
2000, once applicable,  the  requirement  of  the  making  of
quarter  monthly  payments  to  the Department shall continue
until  such  taxpayer's  average  monthly  liability  to  the
Department during the preceding 4 complete calendar  quarters
(excluding  the  month  of highest liability and the month of
lowest  liability)  is  less  than  $9,000,  or  until   such
taxpayer's  average  monthly  liability  to the Department as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However, if  a  taxpayer  can  show  the  Department  that  a
substantial  change  in  the taxpayer's business has occurred
which causes the taxpayer  to  anticipate  that  his  average
monthly  tax  liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition  the  Department  for  change  in  such
taxpayer's  reporting  status.  On and after October 1, 2000,
once applicable, the requirement of  the  making  of  quarter
monthly  payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during
the preceding 4 complete  calendar  quarters  (excluding  the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability  to  the  Department  as computed for each calendar
quarter of the 4 preceding complete calendar  quarter  period
is  less  than  $20,000.  However, if a taxpayer can show the
Department  that  a  substantial  change  in  the  taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax  liability  for  the  reasonably
foreseeable  future  will  fall  below  the $20,000 threshold
stated above, then such taxpayer may petition the  Department
for  a  change  in  such  taxpayer's  reporting  status.  The
Department shall  change  such  taxpayer's  reporting  status
unless  it  finds  that such change is seasonal in nature and
not likely to be long  term.  If  any  such  quarter  monthly
payment  is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
and the amount of such quarter monthly payment  actually  and
timely  paid,  except  insofar as the taxpayer has previously
made payments for that month to the Department in  excess  of
the  minimum  payments  previously  due  as  provided in this
Section.  The Department  shall  make  reasonable  rules  and
regulations  to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    If any such payment provided for in this Section  exceeds
the  taxpayer's  liabilities  under  this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax  Act  and  the
Service  Use Tax Act, as shown by an original monthly return,
the  Department  shall  issue  to  the  taxpayer   a   credit
memorandum  no  later than 30 days after the date of payment,
which memorandum may be submitted  by  the  taxpayer  to  the
Department  in  payment  of  tax liability subsequently to be
remitted by the taxpayer to the Department or be assigned  by
the  taxpayer  to  a  similar  taxpayer  under  this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax Act
or the Service Use Tax Act,  in  accordance  with  reasonable
rules  and  regulations  to  be prescribed by the Department,
except that if such excess payment is shown  on  an  original
monthly return and is made after December 31, 1986, no credit
memorandum shall be issued, unless requested by the taxpayer.
If  no  such  request  is  made, the taxpayer may credit such
excess payment  against  tax  liability  subsequently  to  be
remitted  by  the  taxpayer to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act or the Service Use Tax Act, in accordance with reasonable
rules and regulations prescribed by the Department.   If  the
Department  subsequently  determines  that all or any part of
the credit taken was not actually due to  the  taxpayer,  the
taxpayer's  2.1%  or 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% of the difference between the  credit  taken
and  that  actually due, and the taxpayer shall be liable for
penalties and interest on such difference.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return for January, February, and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability   to  the  Department  does  not  exceed  $50,  the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    In addition, with respect to motor vehicles,  watercraft,
aircraft,  and  trailers  that  are required to be registered
with an agency of this State,  every  retailer  selling  this
kind  of  tangible  personal  property  shall  file, with the
Department, upon a form to be prescribed and supplied by  the
Department,  a separate return for each such item of tangible
personal property which the retailer sells, except  that  if,
in   the  same  transaction,  (i)  a  retailer  of  aircraft,
watercraft, motor vehicles or trailers  transfers  more  than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor vehicle or trailer retailer for
the purpose  of  resale  or  (ii)  a  retailer  of  aircraft,
watercraft,  motor  vehicles, or trailers transfers more than
one aircraft, watercraft, motor  vehicle,  or  trailer  to  a
purchaser  for  use as a qualifying rolling stock as provided
in Section 3-55 of this Act, then that seller may report  the
transfer  of  all the aircraft, watercraft, motor vehicles or
trailers involved in that transaction to  the  Department  on
the  same  uniform invoice-transaction reporting return form.
For purposes of this Section, "watercraft" means a  Class  2,
Class  3,  or Class 4 watercraft as defined in Section 3-2 of
the Boat Registration and Safety Act, a personal  watercraft,
or any boat equipped with an inboard motor.
    The  transaction  reporting  return  in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of the Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft and aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale, a  sufficient  identification  of
the   property  sold,  and  such  other  information  as  the
Department may reasonably require.
    Such transaction reporting  return  shall  be  filed  not
later  than  20  days  after the date of delivery of the item
that is being sold, but may be filed by the retailer  at  any
time   sooner  than  that  if  he  chooses  to  do  so.   The
transaction reporting return and tax remittance or  proof  of
exemption  from  the  tax  that is imposed by this Act may be
transmitted to the Department by way of the State agency with
which, or State officer  with  whom,  the  tangible  personal
property   must  be  titled  or  registered  (if  titling  or
registration is required) if the Department and  such  agency
or  State officer determine that this procedure will expedite
the processing of applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall  issue,  in  the  purchaser's  name,  a  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  tax  or  proof of exemption made to the Department before
the retailer is willing to take these actions and  such  user
has  not  paid the tax to the retailer, such user may certify
to the fact of such delay by the retailer, and may (upon  the
Department   being   satisfied   of   the   truth   of   such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Where  a  retailer  collects  the tax with respect to the
selling price of tangible personal property  which  he  sells
and  the  purchaser thereafter returns such tangible personal
property and the retailer refunds the selling  price  thereof
to  the  purchaser,  such  retailer shall also refund, to the
purchaser, the tax so  collected  from  the  purchaser.  When
filing his return for the period in which he refunds such tax
to  the  purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from  any  other  use
tax  which  such  retailer may be required to pay or remit to
the Department, as shown by such return, if the amount of the
tax to be deducted was previously remitted to the  Department
by  such  retailer.   If  the  retailer  has  not  previously
remitted  the  amount  of  such  tax to the Department, he is
entitled to no deduction under this Act upon  refunding  such
tax to the purchaser.
    Any  retailer  filing  a  return under this Section shall
also include (for the purpose  of  paying  tax  thereon)  the
total  tax  covered  by such return upon the selling price of
tangible personal property purchased by him at retail from  a
retailer, but as to which the tax imposed by this Act was not
collected  from  the  retailer  filing  such return, and such
retailer shall remit the amount of such tax to the Department
when filing such return.
    If experience indicates such action  to  be  practicable,
the  Department  may  prescribe  and furnish a combination or
joint return which will enable retailers, who are required to
file  returns  hereunder  and  also  under   the   Retailers'
Occupation  Tax  Act,  to  furnish all the return information
required by both Acts on the one form.
    Where the retailer has more than one business  registered
with  the  Department  under separate registration under this
Act, such retailer may not file each return that is due as  a
single  return  covering  all such registered businesses, but
shall  file  separate  returns  for  each   such   registered
business.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform  Fund,  a
special  fund  in the State Treasury which is hereby created,
the net revenue realized for the preceding month from the  1%
tax  on  sales  of  food for human consumption which is to be
consumed off the  premises  where  it  is  sold  (other  than
alcoholic  beverages,  soft  drinks  and  food which has been
prepared for  immediate  consumption)  and  prescription  and
nonprescription  medicines,  drugs,  medical  appliances  and
insulin,  urine  testing materials, syringes and needles used
by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the County and Mass Transit District Fund 4%
of the net revenue realized for the preceding month from  the
6.25%  general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by  an  agency  of
this State's government.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the State and Local Sales Tax Reform  Fund,  a
special  fund  in  the State Treasury, 20% of the net revenue
realized for the preceding month from the 6.25% general  rate
on  the  selling  price  of tangible personal property, other
than tangible personal property which  is  purchased  outside
Illinois  at  retail  from  a retailer and which is titled or
registered by an agency of this State's government.
    Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform  Fund  100%  of
the  net  revenue  realized  for the preceding month from the
1.25% rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by  an  agency  of
this State's government.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section  9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section  9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of  2.2%
or  3.8%,  as  the  case  may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the  amount  transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  be less than the Annual Specified Amount
(as defined in Section 3 of  the  Retailers'  Occupation  Tax
Act),  an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys  received
by  the  Department  pursuant  to  the  Tax Acts; and further
provided, that if on the last business day of any  month  the
sum  of  (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the  Build  Illinois  Fund
during  such month and (2) the amount transferred during such
month to the Build Illinois Fund from  the  State  and  Local
Sales  Tax  Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal  to  the  difference
shall  be  immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to  the  Tax
Acts;  and,  further  provided,  that  in  no event shall the
payments required  under  the  preceding  proviso  result  in
aggregate  payments  into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the  greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable  into  the  Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing  Bonds  issued
and  outstanding  pursuant  to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for  the
defeasance of or the payment of the principal of, premium, if
any,  and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter  and  all  fees
and  costs  payable with respect thereto, all as certified by
the Director of the Bureau of the Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of the  preceding  sentence.   The  moneys  received  by  the
Department  pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of the  sums  designated
as  "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
             2007                       108,000,000
             2008                       115,000,000
             2009                       120,000,000
             2010                       126,000,000
             2011                       132,000,000
             2012                       138,000,000
             2013 and                   145,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in  any amendment thereto
hereafter enacted, each month the Department shall  pay  into
the Local Government Distributive Fund .4% of the net revenue
realized for the preceding month from the 5% general rate, or
.4%  of  80%  of  the  net revenue realized for the preceding
month from the 6.25% general rate, as the case may be, on the
selling price of  tangible  personal  property  which  amount
shall,  subject  to appropriation, be distributed as provided
in Section 2 of the State Revenue Sharing Act. No payments or
distributions pursuant to this paragraph shall be made if the
tax imposed  by  this  Act  on  photoprocessing  products  is
declared  unconstitutional,  or if the proceeds from such tax
are unavailable for distribution because of litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning with the receipt of the first report of taxes  paid
by  an eligible business and continuing for a 25-year period,
the  Department  shall  each  month  pay  into   the   Energy
Infrastructure  Fund 80% of the net revenue realized from the
6.25% general rate on the  selling  price  of  Illinois-mined
coal  that was sold to an eligible business.  For purposes of
this paragraph, the term  "eligible  business"  means  a  new
electric  generating  facility  certified pursuant to Section
605-332 of the Department of Commerce and  Community  Affairs
Law of the Civil Administrative Code of Illinois.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act,  75%  thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School  Fund  as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    As  soon  as  possible after the first day of each month,
upon  certification  of  the  Department  of   Revenue,   the
Comptroller  shall  order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel  Tax
Fund  an  amount  equal  to  1.7%  of  80% of the net revenue
realized under this  Act  for  the  second  preceding  month.
Beginning  April 1, 2000, this transfer is no longer required
and shall not be made.
    Net revenue realized for a month  shall  be  the  revenue
collected  by the State pursuant to this Act, less the amount
paid out during  that  month  as  refunds  to  taxpayers  for
overpayment of liability.
    For  greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold  at  retail
in Illinois by numerous retailers, and who wish to do so, may
assume  the  responsibility  for accounting and paying to the
Department all tax accruing under this Act  with  respect  to
such  sales,  if  the  retailers who are affected do not make
written objection to the Department to this arrangement.
(Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
91-37,  eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,   eff.
7-12-99;  91-541,  eff. 8-13-99; 91-872, eff. 7-1-00; 91-901,
eff. 1-1-01; revised 8-30-00.)

    Section 925.  The Service  Use  Tax  Act  is  amended  by
changing Section 9 as follows:

    (35 ILCS 110/9) (from Ch. 120, par. 439.39)
    Sec.   9.  Each  serviceman  required  or  authorized  to
collect the tax herein imposed shall pay  to  the  Department
the  amount of such tax (except as otherwise provided) at the
time when he is required to file his return  for  the  period
during  which such tax was collected, less a discount of 2.1%
prior to January 1, 1990 and 1.75% on and  after  January  1,
1990, or $5 per calendar year, whichever is greater, which is
allowed  to reimburse the serviceman for expenses incurred in
collecting the tax, keeping  records,  preparing  and  filing
returns,   remitting  the  tax  and  supplying  data  to  the
Department on request. A serviceman need not remit that  part
of any tax collected by him to the extent that he is required
to pay and does pay the tax imposed by the Service Occupation
Tax  Act  with  respect  to his sale of service involving the
incidental transfer by him of the same property.
    Except as provided hereinafter in  this  Section,  on  or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman  shall  file  a  return for the preceding calendar
month in accordance with reasonable Rules and Regulations  to
be  promulgated by the Department. Such return shall be filed
on a form prescribed by the Department and shall contain such
information as the Department may reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him   during  the  preceding  calendar  month,  including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of  $200,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.   The  term  "annual
tax liability" shall be the sum of the taxpayer's liabilities
under   this  Act,  and  under  all  other  State  and  local
occupation and use tax laws administered by  the  Department,
for  the  immediately  preceding  calendar  year.    The term
"average  monthly  tax  liability"  means  the  sum  of   the
taxpayer's  liabilities  under  this Act, and under all other
State and local occupation and use tax laws  administered  by
the  Department,  for the immediately preceding calendar year
divided by 12.
    Before August 1 of  each  year  beginning  in  1993,  the
Department  shall  notify  all  taxpayers  required  to  make
payments by electronic funds transfer. All taxpayers required
to  make  payments  by  electronic  funds transfer shall make
those payments for a minimum of one year beginning on October
1.
    Any taxpayer not required to make payments by  electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All  taxpayers  required  to  make  payment by electronic
funds transfer and any taxpayers  authorized  to  voluntarily
make  payments  by electronic funds transfer shall make those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic  funds  transfer  and  the
requirements of this Section.
    If the serviceman is otherwise required to file a monthly
return  and if the serviceman's average monthly tax liability
to the Department does not exceed $200,  the  Department  may
authorize  his returns to be filed on a quarter annual basis,
with the return for January, February and March  of  a  given
year  being due by April 20 of such year; with the return for
April, May and June of a given year being due by July  20  of
such  year; with the return for July, August and September of
a given year being due by October 20 of such year,  and  with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the serviceman is otherwise required to file a monthly
or  quarterly  return and if the serviceman's average monthly
tax liability to the Department  does  not  exceed  $50,  the
Department may authorize his returns to be filed on an annual
basis,  with the return for a given year being due by January
20 of the following year.
    Such quarter annual and annual returns, as  to  form  and
substance,  shall  be  subject  to  the  same requirements as
monthly returns.
    Notwithstanding  any  other   provision   in   this   Act
concerning  the  time  within which a serviceman may file his
return, in the case of any serviceman who ceases to engage in
a kind of business which makes  him  responsible  for  filing
returns  under  this  Act, such serviceman shall file a final
return under this Act with the Department  not  more  than  1
month after discontinuing such business.
    Where  a  serviceman collects the tax with respect to the
selling price of property which he sells  and  the  purchaser
thereafter  returns  such property and the serviceman refunds
the selling price thereof to the purchaser,  such  serviceman
shall  also  refund,  to  the purchaser, the tax so collected
from the purchaser. When filing his return for the period  in
which  he  refunds  such tax to the purchaser, the serviceman
may deduct the amount of the tax so refunded by  him  to  the
purchaser  from any other Service Use Tax, Service Occupation
Tax,  retailers'  occupation  tax  or  use  tax  which   such
serviceman may be required to pay or remit to the Department,
as  shown by such return, provided that the amount of the tax
to be deducted shall previously have  been  remitted  to  the
Department  by  such  serviceman. If the serviceman shall not
previously have remitted  the  amount  of  such  tax  to  the
Department,  he  shall  be entitled to no deduction hereunder
upon refunding such tax to the purchaser.
    Any serviceman  filing  a  return  hereunder  shall  also
include  the  total  tax  upon  the selling price of tangible
personal property purchased for use by him as an incident  to
a sale of service, and such serviceman shall remit the amount
of such tax to the Department when filing such return.
    If  experience  indicates  such action to be practicable,
the Department may prescribe and  furnish  a  combination  or
joint  return  which will enable servicemen, who are required
to  file  returns  hereunder  and  also  under  the   Service
Occupation  Tax  Act,  to  furnish all the return information
required by both Acts on the one form.
    Where  the  serviceman  has  more   than   one   business
registered  with  the  Department under separate registration
hereunder, such serviceman shall not file each return that is
due  as  a  single  return  covering  all   such   registered
businesses,  but  shall  file  separate returns for each such
registered business.
    Beginning January 1,  1990,  each  month  the  Department
shall pay into the State and Local Tax Reform Fund, a special
fund  in the State Treasury, the net revenue realized for the
preceding month from the 1% tax on sales of  food  for  human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which  has  been  prepared  for  immediate  consumption)  and
prescription  and  nonprescription  medicines, drugs, medical
appliances and insulin, urine testing materials, syringes and
needles used by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay into the State and Local Sales Tax Reform Fund 20%
of the net revenue realized for the preceding month from  the
6.25%   general   rate  on  transfers  of  tangible  personal
property, other than  tangible  personal  property  which  is
purchased  outside  Illinois  at  retail  from a retailer and
which is titled or registered by an agency  of  this  State's
government.
    Beginning August 1, 2000, each month the Department shall
pay  into  the  State and Local Sales Tax Reform Fund 100% of
the net revenue realized for the  preceding  month  from  the
1.25% rate on the selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant  to  this Act, (a)  1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after July 1, 1989, 3.8% thereof shall be  paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section  9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section  9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of  2.2%
or  3.8%,  as  the  case  may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the  amount  transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall be less than the Annual Specified  Amount
(as defined in Section 3 of  the  Retailers'  Occupation  Tax
Act),  an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys  received
by  the  Department  pursuant  to  the  Tax Acts; and further
provided, that if on the last business day of any  month  the
sum  of  (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the  Build  Illinois  Fund
during  such month and (2) the amount transferred during such
month to the Build Illinois Fund from  the  State  and  Local
Sales  Tax  Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal  to  the  difference
shall  be  immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to  the  Tax
Acts;  and,  further  provided,  that  in  no event shall the
payments required  under  the  preceding  proviso  result  in
aggregate  payments  into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the  greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable  into  the  Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing  Bonds  issued
and  outstanding  pursuant  to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for  the
defeasance of or the payment of the principal of, premium, if
any,  and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter  and  all  fees
and  costs  payable with respect thereto, all as certified by
the Director of the Bureau of the Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of the  preceding  sentence.   The  moneys  received  by  the
Department  pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of the  sums  designated
as  "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
      Fiscal Year                     Total Deposit
         1993                                   $0
         1994                           53,000,000
         1995                           58,000,000
         1996                           61,000,000
         1997                           64,000,000
         1998                           68,000,000
         1999                           71,000,000
         2000                           75,000,000
         2001                           80,000,000
         2002                           84,000,000
         2003                           89,000,000
         2004                           93,000,000
         2005                           97,000,000
         2006                           102,000,000
         2007                           108,000,000
         2008                           115,000,000
         2009                           120,000,000
         2010                           126,000,000
         2011                           132,000,000
         2012                           138,000,000
         2013 and                       145,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority Act,
    but not after fiscal year 2029.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in  any amendment thereto
hereafter enacted, each month the Department shall  pay  into
the  Local  Government  Distributive  Fund  0.4%  of  the net
revenue realized for the preceding month from the 5%  general
rate  or  0.4%  of  80%  of  the net revenue realized for the
preceding month from the 6.25% general rate, as the case  may
be,  on the selling price of tangible personal property which
amount shall, subject to  appropriation,  be  distributed  as
provided  in  Section  2 of the State Revenue Sharing Act. No
payments or distributions pursuant to this paragraph shall be
made if the tax imposed  by  this  Act  on  photo  processing
products  is  declared  unconstitutional,  or if the proceeds
from such tax are unavailable  for  distribution  because  of
litigation.
    Subject  to  payment  of  amounts into the Build Illinois
Fund, the McCormick Place Expansion  Project  Fund,  and  the
Local  Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments  thereto  hereafter  enacted,
beginning  July  1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the  net
revenue  realized  for  the  preceding  month  from the 6.25%
general rate  on  the  selling  price  of  tangible  personal
property.
    Subject  to  payment  of  amounts into the Build Illinois
Fund, the McCormick Place Expansion  Project  Fund,  and  the
Local  Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments  thereto  hereafter  enacted,
beginning  with the receipt of the first report of taxes paid
by an eligible business and continuing for a 25-year  period,
the   Department   shall  each  month  pay  into  the  Energy
Infrastructure Fund 80% of the net revenue realized from  the
6.25%  general  rate  on  the selling price of Illinois-mined
coal that was sold to an eligible business.  For purposes  of
this  paragraph,  the  term  "eligible  business" means a new
electric generating facility certified  pursuant  to  Section
605-332  of  the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois.
    All remaining moneys received by the Department  pursuant
to  this  Act  shall be paid into the General Revenue Fund of
the State Treasury.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month.
Beginning April 1, 2000, this transfer is no longer  required
and shall not be made.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
(Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
eff. 6-30-99; 91-101, eff.  7-12-99;  91-541,  eff.  8-13-99;
91-872, eff. 7-1-00.)

    Section  930.   The Service Occupation Tax Act is amended
by changing Section 9 as follows:

    (35 ILCS 115/9) (from Ch. 120, par. 439.109)
    Sec.  9.   Each  serviceman  required  or  authorized  to
collect the tax herein imposed shall pay  to  the  Department
the  amount  of  such  tax at the time when he is required to
file his return for the period  during  which  such  tax  was
collectible,  less  a  discount  of  2.1% prior to January 1,
1990, and 1.75% on and after  January  1,  1990,  or  $5  per
calendar  year,  whichever  is  greater,  which is allowed to
reimburse the serviceman for expenses incurred in  collecting
the  tax,  keeping  records,  preparing  and  filing returns,
remitting the tax and supplying data  to  the  Department  on
request.
    Where  such  tangible  personal  property is sold under a
conditional sales contract, or under any other form  of  sale
wherein  the payment of the principal sum, or a part thereof,
is extended beyond the close of  the  period  for  which  the
return  is  filed,  the serviceman, in collecting the tax may
collect, for each tax return period, only the tax  applicable
to  the  part  of  the selling price actually received during
such tax return period.
    Except as provided hereinafter in  this  Section,  on  or
before  the  twentieth  day  of  each  calendar  month,  such
serviceman  shall  file  a  return for the preceding calendar
month in accordance with reasonable rules and regulations  to
be  promulgated  by  the  Department of Revenue.  Such return
shall be filed on a form prescribed  by  the  Department  and
shall   contain   such  information  as  the  Department  may
reasonably require.
    The Department may require  returns  to  be  filed  on  a
quarterly  basis.  If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of  the
calendar  month  following  the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on  or
before  the  twentieth  day  of the following calendar month,
stating:
         1.  The name of the seller;
         2.  The address of the principal place  of  business
    from which he engages in business as a serviceman in this
    State;
         3.  The total amount of taxable receipts received by
    him   during  the  preceding  calendar  month,  including
    receipts  from  charge  and  time  sales,  but  less  all
    deductions allowed by law;
         4.  The amount of credit provided in Section  2d  of
    this Act;
         5.  The amount of tax due;
         5-5.  The signature of the taxpayer; and
         6.  Such   other   reasonable   information  as  the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown  to
be due on the return shall be deemed assessed.
    A  serviceman may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if
the  purchaser  provides  the  appropriate  documentation  as
required by Section 3-70 of the  Service  Use  Tax  Act.    A
Manufacturer's  Purchase  Credit certification, accepted by a
serviceman as provided in Section 3-70 of the Service Use Tax
Act, may be  used  by  that  serviceman  to  satisfy  Service
Occupation  Tax  liability  in  the  amount  claimed  in  the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase.
    If  the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis,  with  the
return  for January, February and March of a given year being
due by April 20 of such year; with the return for April,  May
and  June  of a given year being due by July 20 of such year;
with the return for July, August and  September  of  a  given
year  being  due  by  October  20  of such year, and with the
return for October, November and December  of  a  given  year
being due by January 20 of the following year.
    If  the serviceman's average monthly tax liability to the
Department does not exceed $50, the Department may  authorize
his  returns  to be filed on an annual basis, with the return
for a given year being due by January  20  of  the  following
year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which a serviceman  may  file  his
return, in the case of any serviceman who ceases to engage in
a  kind  of  business  which makes him responsible for filing
returns under this Act, such serviceman shall  file  a  final
return  under  this  Act  with the Department not more than 1
month after discontinuing such business.
    Beginning October 1, 1993, a taxpayer who has an  average
monthly  tax  liability  of  $150,000  or more shall make all
payments required by rules of the  Department  by  electronic
funds  transfer.   Beginning  October 1, 1994, a taxpayer who
has an average monthly tax  liability  of  $100,000  or  more
shall  make  all payments required by rules of the Department
by electronic funds transfer.  Beginning October 1,  1995,  a
taxpayer  who has an average monthly tax liability of $50,000
or more shall make all payments  required  by  rules  of  the
Department  by  electronic funds transfer.  Beginning October
1, 2000, a taxpayer  who  has  an  annual  tax  liability  of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual  tax  liability"  shall  be the sum of the taxpayer's
liabilities under this Act, and under  all  other  State  and
local  occupation  and  use  tax  laws  administered  by  the
Department,  for the immediately preceding calendar year. The
term "average monthly tax liability" means  the  sum  of  the
taxpayer's  liabilities  under  this Act, and under all other
State and local occupation and use tax laws  administered  by
the  Department,  for the immediately preceding calendar year
divided by 12.
    Before August 1 of  each  year  beginning  in  1993,  the
Department  shall  notify  all  taxpayers  required  to  make
payments   by  electronic  funds  transfer.    All  taxpayers
required to make payments by electronic funds transfer  shall
make  those  payments  for a minimum of one year beginning on
October 1.
    Any taxpayer not required to make payments by  electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All  taxpayers  required  to  make  payment by electronic
funds transfer and any taxpayers  authorized  to  voluntarily
make  payments  by electronic funds transfer shall make those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic  funds  transfer  and  the
requirements of this Section.
    Where  a  serviceman collects the tax with respect to the
selling price of tangible personal property  which  he  sells
and  the  purchaser thereafter returns such tangible personal
property and the serviceman refunds the selling price thereof
to the purchaser, such serviceman shall also refund,  to  the
purchaser,  the  tax  so  collected from the purchaser.  When
filing his return for the period in which he refunds such tax
to the purchaser, the serviceman may deduct the amount of the
tax so refunded by  him  to  the  purchaser  from  any  other
Service   Occupation   Tax,   Service   Use  Tax,  Retailers'
Occupation Tax or  Use  Tax  which  such  serviceman  may  be
required  to pay or remit to the Department, as shown by such
return, provided that the amount of the tax  to  be  deducted
shall previously have been remitted to the Department by such
serviceman.   If  the  serviceman  shall  not previously have
remitted the amount of such tax to the Department,  he  shall
be entitled to no deduction hereunder upon refunding such tax
to the purchaser.
    If  experience  indicates  such action to be practicable,
the Department may prescribe and  furnish  a  combination  or
joint  return  which will enable servicemen, who are required
to file returns  hereunder  and  also  under  the  Retailers'
Occupation  Tax  Act,  the Use Tax Act or the Service Use Tax
Act, to furnish all the return information  required  by  all
said Acts on the one form.
    Where   the   serviceman   has  more  than  one  business
registered with the Department under  separate  registrations
hereunder,  such  serviceman  shall file separate returns for
each registered business.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into  the  Local  Government Tax Fund the revenue
realized for the preceding month from the 1% tax on sales  of
food  for  human  consumption which is to be consumed off the
premises where it is sold (other  than  alcoholic  beverages,
soft  drinks  and  food which has been prepared for immediate
consumption) and prescription and nonprescription  medicines,
drugs,   medical   appliances   and  insulin,  urine  testing
materials, syringes and needles used by diabetics.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the County and Mass Transit District Fund 4%
of the revenue realized for  the  preceding  month  from  the
6.25% general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net  revenue  realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into  the  Local  Government  Tax Fund 16% of the
revenue realized for  the  preceding  month  from  the  6.25%
general rate on transfers of tangible personal property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized  for  the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall  be  paid  into
the  Build  Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8%  thereof  shall  be  paid
into  the  Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the  Department
and required to be paid into the Build Illinois Fund pursuant
to  Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts  being
hereinafter  called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may  be,  of  moneys  being  hereinafter
called  the  "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the  Annual  Specified  Amount
(as  defined  in  Section  3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be  immediately
paid  into the Build Illinois Fund from other moneys received
by the Department pursuant  to  the  Tax  Acts;  and  further
provided,  that  if on the last business day of any month the
sum of (1) the Tax Act Amount required to be  deposited  into
the  Build Illinois Account in the Build Illinois Fund during
such month and (2) the amount transferred during  such  month
to the Build Illinois Fund from the State and Local Sales Tax
Reform  Fund  shall  have  been  less than 1/12 of the Annual
Specified Amount, an amount equal to the difference shall  be
immediately  paid  into  the  Build  Illinois Fund from other
moneys received by the Department pursuant to the  Tax  Acts;
and,  further  provided,  that in no event shall the payments
required under the  preceding  proviso  result  in  aggregate
payments into the Build Illinois Fund pursuant to this clause
(b)  for  any fiscal year in excess of the greater of (i) the
Tax Act Amount or (ii) the Annual Specified Amount  for  such
fiscal  year; and, further provided, that the amounts payable
into the Build Illinois Fund under this clause (b)  shall  be
payable  only  until  such  time  as  the aggregate amount on
deposit under each trust indenture securing Bonds issued  and
outstanding  pursuant  to  the  Build  Illinois  Bond  Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for  the
defeasance of or the payment of the principal of, premium, if
any,  and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter  and  all  fees
and  costs  payable with respect thereto, all as certified by
the Director of the Bureau of the Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond  Account  in  the
Build  Illinois  Fund  in  such  month shall be less than the
amount required to be transferred  in  such  month  from  the
Build  Illinois  Bond  Account  to  the  Build  Illinois Bond
Retirement and Interest Fund pursuant to Section  13  of  the
Build  Illinois  Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received  by  the
Department  pursuant  to  the  Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to  the  Build
Illinois  Fund  in  any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the  preceding  sentence  and  shall  reduce  the  amount
otherwise payable for such fiscal year pursuant to clause (b)
of the  preceding  sentence.   The  moneys  received  by  the
Department  pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  as  provided  in  the  preceding  paragraph  or  in any
amendment thereto hereafter enacted, the following  specified
monthly   installment   of   the   amount  requested  in  the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  provided  under  Section  8.25f of the
State Finance Act, but not in excess of the  sums  designated
as  "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9  of
the  Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation  Tax  Act
into  the  McCormick  Place  Expansion  Project  Fund  in the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
             2007                       108,000,000
             2008                       115,000,000
             2009                       120,000,000
             2010                       126,000,000
             2011                       132,000,000
             2012                       138,000,000
             2013 and                   145,000,000
         each fiscal year
      thereafter that bonds
      are outstanding under
       Section 13.2 of the
      Metropolitan Pier and
       Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning July 20, 1993 and in each month of each  fiscal
year  thereafter,  one-eighth  of the amount requested in the
certificate of the Chairman  of  the  Metropolitan  Pier  and
Exposition  Authority  for  that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund  by
the  State Treasurer in the respective month under subsection
(g) of Section 13 of the  Metropolitan  Pier  and  Exposition
Authority  Act,  plus cumulative deficiencies in the deposits
required under this Section for previous  months  and  years,
shall be deposited into the McCormick Place Expansion Project
Fund,  until  the  full amount requested for the fiscal year,
but not in excess of the amount  specified  above  as  "Total
Deposit", has been deposited.
    Subject  to  payment  of  amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund  pursuant
to  the  preceding  paragraphs  or  in  any amendment thereto
hereafter enacted, each month the Department shall  pay  into
the  Local  Government  Distributive  Fund  0.4%  of  the net
revenue realized for the preceding month from the 5%  general
rate  or  0.4%  of  80%  of  the net revenue realized for the
preceding month from the 6.25% general rate, as the case  may
be,  on the selling price of tangible personal property which
amount shall, subject to  appropriation,  be  distributed  as
provided  in  Section 2 of the State Revenue Sharing Act.  No
payments or distributions pursuant to this paragraph shall be
made if the  tax  imposed  by  this  Act  on  photoprocessing
products  is  declared  unconstitutional,  or if the proceeds
from such tax are unavailable  for  distribution  because  of
litigation.
    Subject  to  payment  of  amounts into the Build Illinois
Fund, the McCormick Place Expansion  Project  Fund,  and  the
Local  Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments  thereto  hereafter  enacted,
beginning  July  1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the  net
revenue  realized  for  the  preceding  month  from the 6.25%
general rate  on  the  selling  price  of  tangible  personal
property.
    Subject  to  payment  of  amounts into the Build Illinois
Fund, the McCormick Place Expansion  Project  Fund,  and  the
Local  Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments  thereto  hereafter  enacted,
beginning  with the receipt of the first report of taxes paid
by an eligible business and continuing for a 25-year  period,
the   Department   shall  each  month  pay  into  the  Energy
Infrastructure Fund 80% of the net revenue realized from  the
6.25%  general  rate  on  the selling price of Illinois-mined
coal that was sold to an eligible business.  For purposes  of
this  paragraph,  the  term  "eligible  business" means a new
electric generating facility certified  pursuant  to  Section
605-332  of  the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois.
    Remaining moneys received by the Department  pursuant  to
this  Act  shall be paid into the General Revenue Fund of the
State Treasury.
    The Department may, upon separate  written  notice  to  a
taxpayer,  require  the taxpayer to prepare and file with the
Department on a form prescribed by the Department within  not
less  than  60  days  after  receipt  of the notice an annual
information return for the tax year specified in the  notice.
Such   annual  return  to  the  Department  shall  include  a
statement of gross receipts as shown by the  taxpayer's  last
Federal  income  tax  return.   If  the total receipts of the
business as reported in the Federal income tax return do  not
agree  with  the gross receipts reported to the Department of
Revenue for the same period, the taxpayer shall attach to his
annual return a schedule showing a reconciliation  of  the  2
amounts  and  the reasons for the difference.  The taxpayer's
annual return to the Department shall also disclose the  cost
of goods sold by the taxpayer during the year covered by such
return,  opening  and  closing  inventories of such goods for
such year, cost of goods used from stock or taken from  stock
and  given  away  by  the taxpayer during such year, pay roll
information of the taxpayer's business during such  year  and
any  additional  reasonable  information which the Department
deems would be helpful in determining  the  accuracy  of  the
monthly,  quarterly  or annual returns filed by such taxpayer
as hereinbefore provided for in this Section.
    If the annual information return required by this Section
is not filed when and as  required,  the  taxpayer  shall  be
liable as follows:
         (i)  Until  January  1,  1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of  the  tax  due
    from such taxpayer under this Act during the period to be
    covered  by  the annual return for each month or fraction
    of a month until such return is filed  as  required,  the
    penalty  to  be assessed and collected in the same manner
    as any other penalty provided for in this Act.
         (ii)  On and after January  1,  1994,  the  taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking  manager  shall sign the annual return to certify the
accuracy of the information contained  therein.   Any  person
who  willfully  signs  the  annual return containing false or
inaccurate  information  shall  be  guilty  of  perjury   and
punished  accordingly.   The annual return form prescribed by
the Department  shall  include  a  warning  that  the  person
signing the return may be liable for perjury.
    The  foregoing  portion  of  this  Section concerning the
filing of an annual information return shall not apply  to  a
serviceman  who  is not required to file an income tax return
with the United States Government.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month.
Beginning April 1, 2000, this transfer is no longer  required
and shall not be made.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of  administration,  it  shall  be
permissible  for  manufacturers,  importers  and  wholesalers
whose  products  are sold by numerous servicemen in Illinois,
and who wish to do  so,  to  assume  the  responsibility  for
accounting  and  paying  to  the  Department all tax accruing
under this Act with respect to such sales, if the  servicemen
who  are  affected  do  not  make  written  objection  to the
Department to this arrangement.
(Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51,
eff. 6-30-99; 91-101, eff.  7-12-99;  91-541,  eff.  8-13-99;
91-872, eff. 7-1-00.)

    Section  935.   The  Retailers'  Occupation  Tax  Act  is
amended by changing Section 3 as follows:

    (35 ILCS 120/3) (from Ch. 120, par. 442)
    Sec. 3.  Except as provided in this Section, on or before
the  twentieth  day  of  each  calendar  month,  every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding  calendar  month
shall file a return with the Department, stating:
         1.  The name of the seller;
         2.  His  residence  address  and  the address of his
    principal place  of  business  and  the  address  of  the
    principal  place  of  business  (if  that  is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
         3.  Total amount of receipts received by him  during
    the  preceding calendar month or quarter, as the case may
    be, from sales of tangible personal  property,  and  from
    services furnished, by him during such preceding calendar
    month or quarter;
         4.  Total   amount   received   by  him  during  the
    preceding calendar month or quarter on  charge  and  time
    sales  of  tangible  personal property, and from services
    furnished, by him prior to the month or quarter for which
    the return is filed;
         5.  Deductions allowed by law;
         6.  Gross receipts which were received by him during
    the preceding calendar month  or  quarter  and  upon  the
    basis of which the tax is imposed;
         7.  The  amount  of credit provided in Section 2d of
    this Act;
         8.  The amount of tax due;
         9.  The signature of the taxpayer; and
         10.  Such  other  reasonable  information   as   the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the  return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
    Each return shall be  accompanied  by  the  statement  of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    A  retailer  may  accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax  as
provided  in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act.  A  Manufacturer's  Purchase  Credit
certification,  accepted by a retailer as provided in Section
3-85 of the Use Tax Act, may be  used  by  that  retailer  to
satisfy  Retailers'  Occupation  Tax  liability in the amount
claimed in the certification, not  to  exceed  6.25%  of  the
receipts subject to tax from a qualifying purchase.
    The  Department  may  require  returns  to  be filed on a
quarterly basis.  If so required, a return for each  calendar
quarter  shall be filed on or before the twentieth day of the
calendar month following the end of  such  calendar  quarter.
The taxpayer shall also file a return with the Department for
each  of the first two months of each calendar quarter, on or
before the twentieth day of  the  following  calendar  month,
stating:
         1.  The name of the seller;
         2.  The  address  of the principal place of business
    from which he engages in the business of selling tangible
    personal property at retail in this State;
         3.  The total amount of taxable receipts received by
    him during the preceding calendar  month  from  sales  of
    tangible  personal  property by him during such preceding
    calendar month, including receipts from charge  and  time
    sales, but less all deductions allowed by law;
         4.  The  amount  of credit provided in Section 2d of
    this Act;
         5.  The amount of tax due; and
         6.  Such  other  reasonable   information   as   the
    Department may require.
    If  a total amount of less than $1 is payable, refundable
or creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50  cents
or more.
    Beginning  October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000  or  more  shall  make  all
payments  required  by  rules of the Department by electronic
funds transfer.  Beginning October 1, 1994,  a  taxpayer  who
has  an  average  monthly  tax  liability of $100,000 or more
shall make all payments required by rules of  the  Department
by  electronic  funds transfer.  Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of  $50,000
or  more  shall  make  all  payments required by rules of the
Department by electronic funds transfer.   Beginning  October
1,  2000,  a  taxpayer  who  has  an  annual tax liability of
$200,000 or more shall make all payments required by rules of
the  Department  by  electronic  funds  transfer.   The  term
"annual tax liability" shall be the  sum  of  the  taxpayer's
liabilities  under  this  Act,  and under all other State and
local  occupation  and  use  tax  laws  administered  by  the
Department, for the immediately preceding calendar year.  The
term  "average monthly tax liability" shall be the sum of the
taxpayer's liabilities under this Act, and  under  all  other
State  and  local occupation and use tax laws administered by
the Department, for the immediately preceding  calendar  year
divided by 12.
    Before  August  1  of  each  year  beginning in 1993, the
Department  shall  notify  all  taxpayers  required  to  make
payments  by  electronic  funds  transfer.    All   taxpayers
required  to make payments by electronic funds transfer shall
make those payments for a minimum of one  year  beginning  on
October 1.
    Any  taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required  to  make  payment  by  electronic
funds  transfer  and  any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall  make  those
payments in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate  a  program  of  electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or  reported  on
any  return  or  other document under this Act shall, if such
amount is not a whole-dollar  amount,  be  increased  to  the
nearest  whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and  decreased  to  the
nearest  whole-dollar  amount  where the fractional part of a
dollar is less than 50 cents.
    If the retailer is otherwise required to file  a  monthly
return and if the retailer's average monthly tax liability to
the  Department  does  not  exceed  $200,  the Department may
authorize his returns to be filed on a quarter annual  basis,
with  the  return  for January, February and March of a given
year being due by April 20 of such year; with the return  for
April,  May  and June of a given year being due by July 20 of
such year; with the return for July, August and September  of
a  given  year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
liability  with  the  Department  does  not  exceed  $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by  January
20 of the following year.
    Such  quarter  annual  and annual returns, as to form and
substance, shall be  subject  to  the  same  requirements  as
monthly returns.
    Notwithstanding   any   other   provision   in  this  Act
concerning the time within which  a  retailer  may  file  his
return, in the case of any retailer who ceases to engage in a
kind  of  business  which  makes  him  responsible for filing
returns under this Act, such  retailer  shall  file  a  final
return  under  this Act with the Department not more than one
month after discontinuing such business.
    Where  the  same  person  has  more  than  one   business
registered  with  the Department under separate registrations
under this Act, such person may not file each return that  is
due   as   a  single  return  covering  all  such  registered
businesses, but shall file separate  returns  for  each  such
registered business.
    In  addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are  required  to  be  registered
with  an  agency  of  this State, every retailer selling this
kind of tangible  personal  property  shall  file,  with  the
Department,  upon a form to be prescribed and supplied by the
Department, a separate return for each such item of  tangible
personal  property  which the retailer sells, except that if,
in  the  same  transaction,  (i)  a  retailer  of   aircraft,
watercraft,  motor  vehicles  or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft,  watercraft,  motor  vehicle  retailer  or  trailer
retailer for the purpose of resale  or  (ii)  a  retailer  of
aircraft,  watercraft,  motor vehicles, or trailers transfers
more than one aircraft, watercraft, motor vehicle, or trailer
to a purchaser for use  as  a  qualifying  rolling  stock  as
provided  in  Section  2-5  of this Act, then that seller may
report  the  transfer  of  all  aircraft,  watercraft,  motor
vehicles or trailers involved  in  that  transaction  to  the
Department  on the same uniform invoice-transaction reporting
return form.  For  purposes  of  this  Section,  "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section  3-2  of  the  Boat  Registration  and  Safety Act, a
personal watercraft, or any boat  equipped  with  an  inboard
motor.
    Any  retailer  who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that  all  retailers'  occupation
tax liability is required to be reported, and is reported, on
such  transaction  reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not  file
monthly or quarterly returns.  However, those retailers shall
be required to file returns on an annual basis.
    The  transaction  reporting  return, in the case of motor
vehicles or trailers that are required to be registered  with
an  agency  of  this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of The  Illinois
Vehicle  Code  and  must  show  the  name  and address of the
seller; the name and address of the purchaser; the amount  of
the  selling  price  including  the  amount  allowed  by  the
retailer  for  traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this  Act  allows
an exemption for the value of traded-in property; the balance
payable  after  deducting  such  trade-in  allowance from the
total selling price; the amount of tax due from the  retailer
with respect to such transaction; the amount of tax collected
from  the  purchaser  by the retailer on such transaction (or
satisfactory evidence that  such  tax  is  not  due  in  that
particular  instance, if that is claimed to be the fact); the
place and date of the sale; a  sufficient  identification  of
the  property  sold; such other information as is required in
Section 5-402 of The Illinois Vehicle Code,  and  such  other
information as the Department may reasonably require.
    The   transaction   reporting   return  in  the  case  of
watercraft or aircraft must show the name and address of  the
seller;  the name and address of the purchaser; the amount of
the  selling  price  including  the  amount  allowed  by  the
retailer for traded-in property, if any; the  amount  allowed
by the retailer for the traded-in tangible personal property,
if  any,  to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting  such  trade-in  allowance  from  the
total  selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on  such  transaction  (or
satisfactory  evidence  that  such  tax  is  not  due in that
particular instance, if that is claimed to be the fact);  the
place  and  date  of the sale, a sufficient identification of
the  property  sold,  and  such  other  information  as   the
Department may reasonably require.
    Such  transaction  reporting  return  shall  be filed not
later than 20 days after the day of delivery of the item that
is being sold, but may be filed by the retailer at  any  time
sooner  than  that  if  he chooses to do so.  The transaction
reporting return and tax remittance  or  proof  of  exemption
from   the  Illinois  use  tax  may  be  transmitted  to  the
Department by way of the State agency with  which,  or  State
officer  with  whom  the  tangible  personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer  determine
that   this   procedure   will  expedite  the  processing  of
applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax  due  (or  shall  submit
satisfactory evidence that the sale is not taxable if that is
the  case),  to  the  Department or its agents, whereupon the
Department shall issue, in the purchaser's name,  a  use  tax
receipt  (or  a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which  such
purchaser  may  submit  to  the  agency  with which, or State
officer with whom, he must title  or  register  the  tangible
personal   property   that   is   involved   (if  titling  or
registration is required)  in  support  of  such  purchaser's
application  for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
    No retailer's failure or refusal to remit tax under  this
Act  precludes  a  user,  who  has paid the proper tax to the
retailer, from obtaining his certificate of  title  or  other
evidence of title or registration (if titling or registration
is  required)  upon  satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer.  The
Department shall adopt appropriate rules  to  carry  out  the
mandate of this paragraph.
    If  the  user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the  payment
of  the  tax  or  proof  of  exemption made to the Department
before the retailer is willing to take these actions and such
user has not paid the tax to  the  retailer,  such  user  may
certify  to  the  fact  of such delay by the retailer and may
(upon the Department being satisfied of  the  truth  of  such
certification)  transmit  the  information  required  by  the
transaction  reporting  return  and the remittance for tax or
proof of exemption directly to the Department and obtain  his
tax  receipt  or  exemption determination, in which event the
transaction reporting return and tax  remittance  (if  a  tax
payment  was required) shall be credited by the Department to
the  proper  retailer's  account  with  the  Department,  but
without the 2.1% or  1.75%  discount  provided  for  in  this
Section  being  allowed.  When the user pays the tax directly
to the Department, he shall pay the tax in  the  same  amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
    Refunds  made  by  the seller during the preceding return
period  to  purchasers,  on  account  of  tangible   personal
property  returned  to  the  seller,  shall  be  allowed as a
deduction under subdivision 5 of  his  monthly  or  quarterly
return,   as  the  case  may  be,  in  case  the  seller  had
theretofore included the  receipts  from  the  sale  of  such
tangible  personal  property in a return filed by him and had
paid the tax  imposed  by  this  Act  with  respect  to  such
receipts.
    Where  the  seller  is a corporation, the return filed on
behalf of such corporation shall be signed by the  president,
vice-president,  secretary  or  treasurer  or by the properly
accredited agent of such corporation.
    Where the seller is  a  limited  liability  company,  the
return filed on behalf of the limited liability company shall
be  signed by a manager, member, or properly accredited agent
of the limited liability company.
    Except as provided in this Section, the  retailer  filing
the  return  under  this Section shall, at the time of filing
such return, pay to the Department the amount of tax  imposed
by  this Act less a discount of 2.1% prior to January 1, 1990
and 1.75% on and after January 1, 1990, or  $5  per  calendar
year, whichever is greater, which is allowed to reimburse the
retailer  for  the  expenses  incurred  in  keeping  records,
preparing and filing returns, remitting the tax and supplying
data  to  the  Department  on  request.   Any prepayment made
pursuant to Section 2d of this Act shall be included  in  the
amount  on which such 2.1% or 1.75% discount is computed.  In
the case of retailers  who  report  and  pay  the  tax  on  a
transaction   by  transaction  basis,  as  provided  in  this
Section, such discount shall be  taken  with  each  such  tax
remittance  instead  of when such retailer files his periodic
return.
    Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the  Use  Tax
Act,  the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for  prepaid  sales  tax  to  be
remitted  in  accordance  with  Section  2d  of this Act, was
$10,000 or more during  the  preceding  4  complete  calendar
quarters,  he  shall  file  a return with the Department each
month by the 20th day of the month next following  the  month
during  which  such  tax liability is incurred and shall make
payments to the Department on or before the 7th,  15th,  22nd
and  last  day  of  the  month during which such liability is
incurred. On and after October 1,  2000,  if  the  taxpayer's
average  monthly  tax  liability to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act,  excluding  any  liability  for  prepaid
sales  tax  to  be  remitted in accordance with Section 2d of
this Act, was $20,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month  next  following  the
month  during  which such tax liability is incurred and shall
make payment to the Department on or before  the  7th,  15th,
22nd and last day of the month during which such liability is
incurred.    If  the month during which such tax liability is
incurred began prior to January 1, 1985, each  payment  shall
be  in  an  amount  equal  to  1/4  of  the taxpayer's actual
liability for the month or an amount set  by  the  Department
not  to  exceed  1/4  of the average monthly liability of the
taxpayer to the  Department  for  the  preceding  4  complete
calendar  quarters  (excluding the month of highest liability
and the month of lowest liability in such 4 quarter  period).
If  the  month  during  which  such tax liability is incurred
begins on or after January 1, 1985 and prior  to  January  1,
1987,  each  payment  shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding year.  If the month during which such tax liability
is  incurred  begins on or after January 1, 1987 and prior to
January 1, 1988, each payment shall be in an amount equal  to
22.5%  of  the  taxpayer's  actual liability for the month or
26.25% of the taxpayer's  liability  for  the  same  calendar
month  of the preceding year.  If the month during which such
tax liability is incurred begins on or after January 1, 1988,
and prior to January 1, 1989, or begins on or  after  January
1, 1996, each payment shall be in an amount equal to 22.5% of
the  taxpayer's  actual liability for the month or 25% of the
taxpayer's liability for  the  same  calendar  month  of  the
preceding  year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior  to
January  1, 1996, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 25%
of the taxpayer's liability for the same  calendar  month  of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period.  The amount of such
quarter  monthly payments shall be credited against the final
tax liability  of  the  taxpayer's  return  for  that  month.
Before  October  1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the  Department  by
taxpayers  having an average monthly tax liability of $10,000
or more as determined in  the  manner  provided  above  shall
continue  until  such taxpayer's average monthly liability to
the Department  during  the  preceding  4  complete  calendar
quarters  (excluding  the  month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability  to  the  Department  as
computed  for  each  calendar  quarter  of  the  4  preceding
complete  calendar  quarter  period  is  less  than  $10,000.
However,  if  a  taxpayer  can  show  the  Department  that a
substantial change in the taxpayer's  business  has  occurred
which  causes  the  taxpayer  to  anticipate that his average
monthly tax liability for the reasonably  foreseeable  future
will fall below the $10,000 threshold stated above, then such
taxpayer  may  petition  the  Department for a change in such
taxpayer's reporting status.  On and after October  1,  2000,
once  applicable,  the  requirement  of the making of quarter
monthly payments to the Department  by  taxpayers  having  an
average   monthly   tax  liability  of  $20,000  or  more  as
determined in the manner provided above shall continue  until
such  taxpayer's  average monthly liability to the Department
during the preceding 4 complete calendar quarters  (excluding
the  month  of  highest  liability  and  the  month of lowest
liability) is less than  $19,000  or  until  such  taxpayer's
average  monthly  liability to the Department as computed for
each calendar quarter of the 4  preceding  complete  calendar
quarter  period is less than $20,000.  However, if a taxpayer
can show the Department that  a  substantial  change  in  the
taxpayer's business has occurred which causes the taxpayer to
anticipate  that  his  average  monthly tax liability for the
reasonably foreseeable future will  fall  below  the  $20,000
threshold  stated  above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting  status.
The  Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal  in  nature  and
not  likely  to  be  long  term.  If any such quarter monthly
payment is not paid at the time or in the amount required  by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as  a  payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer  has
previously  made payments for that month to the Department in
excess of the minimum payments previously due as provided  in
this  Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount  and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
    Without  regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to  collect  and  remit
prepaid  taxes  and has collected prepaid taxes which average
in excess  of  $25,000  per  month  during  the  preceding  2
complete  calendar  quarters,  shall  file  a return with the
Department as required by Section 2f and shall make  payments
to  the  Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred.  If
the month during which such tax liability is  incurred  began
prior  to  the effective date of this amendatory Act of 1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d.  If  the  month
during  which  such  tax  liability  is incurred begins on or
after January 1, 1986, each payment shall  be  in  an  amount
equal  to  22.5%  of  the taxpayer's actual liability for the
month or 27.5% of  the  taxpayer's  liability  for  the  same
calendar  month of the preceding calendar year.  If the month
during which such tax liability  is  incurred  begins  on  or
after  January  1,  1987,  each payment shall be in an amount
equal to 22.5% of the taxpayer's  actual  liability  for  the
month  or  26.25%  of  the  taxpayer's liability for the same
calendar month of the preceding year.   The  amount  of  such
quarter  monthly payments shall be credited against the final
tax liability of the taxpayer's return for that  month  filed
under  this  Section or Section 2f, as the case may be.  Once
applicable, the requirement of the making of quarter  monthly
payments  to  the Department pursuant to this paragraph shall
continue until such taxpayer's average  monthly  prepaid  tax
collections during the preceding 2 complete calendar quarters
is  $25,000  or less.  If any such quarter monthly payment is
not paid at the time or in the amount required, the  taxpayer
shall   be   liable   for  penalties  and  interest  on  such
difference, except insofar as  the  taxpayer  has  previously
made  payments  for  that  month  in  excess  of  the minimum
payments previously due.
    If any payment provided for in this Section  exceeds  the
taxpayer's  liabilities  under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use  Tax  Act,  as
shown on an original monthly return, the Department shall, if
requested  by  the  taxpayer,  issue to the taxpayer a credit
memorandum no later than 30 days after the date  of  payment.
The  credit  evidenced  by  such  credit  memorandum  may  be
assigned  by  the  taxpayer  to a similar taxpayer under this
Act, the Use Tax Act, the Service Occupation Tax Act  or  the
Service  Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department.  If  no  such
request  is made, the taxpayer may credit such excess payment
against tax liability subsequently  to  be  remitted  to  the
Department  under  this  Act,  the  Use  Tax Act, the Service
Occupation Tax Act or the Service Use Tax Act, in  accordance
with  reasonable  rules  and  regulations  prescribed  by the
Department.  If the Department subsequently  determined  that
all  or  any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the  difference  between
the  credit  taken  and  that actually due, and that taxpayer
shall  be  liable  for  penalties  and   interest   on   such
difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to  the  Department  under  this  Act for the month which the
taxpayer is filing a return, the Department shall  issue  the
taxpayer a credit memorandum for the excess.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the Local Government Tax Fund, a special  fund
in  the  State  treasury  which  is  hereby  created, the net
revenue realized for the preceding month from the 1%  tax  on
sales  of  food for human consumption which is to be consumed
off the premises where  it  is  sold  (other  than  alcoholic
beverages,  soft  drinks and food which has been prepared for
immediate consumption) and prescription  and  nonprescription
medicines,  drugs,  medical  appliances  and  insulin,  urine
testing materials, syringes and needles used by diabetics.
    Beginning  January  1,  1990,  each  month the Department
shall pay into the County and Mass Transit District  Fund,  a
special  fund  in the State treasury which is hereby created,
4% of the net revenue realized for the preceding  month  from
the 6.25% general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net  revenue  realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
    Beginning January 1,  1990,  each  month  the  Department
shall  pay  into the Local Government Tax Fund 16% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate  on  the
selling price of motor fuel and gasohol.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1,  1989,  2.2%
and  on  and  after  July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that  if  in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as  the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to this Act, Section 9 of the Use Tax Act, Section 9  of  the
Service  Use Tax Act, and Section 9 of the Service Occupation
Tax Act, such Acts being hereinafter called  the  "Tax  Acts"
and  such  aggregate  of 2.2% or 3.8%, as the case may be, of
moneys being hereinafter called the "Tax Act Amount", and (2)
the amount transferred to the Build Illinois  Fund  from  the
State  and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as hereinafter defined),  an  amount
equal  to  the  difference shall be immediately paid into the
Build  Illinois  Fund  from  other  moneys  received  by  the
Department pursuant to the Tax Acts;  the  "Annual  Specified
Amount"  means  the  amounts specified below for fiscal years
1986 through 1993:
         Fiscal Year              Annual Specified Amount
             1986                       $54,800,000
             1987                       $76,650,000
             1988                       $80,480,000
             1989                       $88,510,000
             1990                       $115,330,000
             1991                       $145,470,000
             1992                       $182,730,000
             1993                      $206,520,000;
and means the Certified Annual Debt Service  Requirement  (as
defined  in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for  fiscal  year  1994
and  each  fiscal year thereafter; and further provided, that
if on the last business day of any month the sum of  (1)  the
Tax  Act  Amount  required  to  be  deposited  into the Build
Illinois Bond Account in the Build Illinois Fund during  such
month  and  (2)  the amount transferred to the Build Illinois
Fund from the State and Local Sales  Tax  Reform  Fund  shall
have  been  less than 1/12 of the Annual Specified Amount, an
amount equal to the difference shall be immediately paid into
the Build Illinois Fund from other  moneys  received  by  the
Department  pursuant  to the Tax Acts; and, further provided,
that in no  event  shall  the  payments  required  under  the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in  excess  of  the greater of (i) the Tax Act Amount or (ii)
the Annual  Specified  Amount  for  such  fiscal  year.   The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust   indenture   securing  Bonds  issued  and  outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into account any future investment income, to fully  provide,
in  accordance  with such indenture, for the defeasance of or
the payment  of  the  principal  of,  premium,  if  any,  and
interest  on  the  Bonds secured by such indenture and on any
Bonds expected to be issued thereafter and all fees and costs
payable  with  respect  thereto,  all  as  certified  by  the
Director of the  Bureau  of  the  Budget.   If  on  the  last
business  day  of  any  month  in which Bonds are outstanding
pursuant to the Build Illinois Bond  Act,  the  aggregate  of
moneys  deposited  in  the Build Illinois Bond Account in the
Build Illinois Fund in such month  shall  be  less  than  the
amount  required  to  be  transferred  in such month from the
Build Illinois  Bond  Account  to  the  Build  Illinois  Bond
Retirement  and  Interest  Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to  such  deficiency
shall  be  immediately paid from other moneys received by the
Department pursuant to the Tax Acts  to  the  Build  Illinois
Fund;  provided,  however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant  to  this  sentence
shall be deemed to constitute payments pursuant to clause (b)
of  the first sentence of this paragraph and shall reduce the
amount otherwise payable for such  fiscal  year  pursuant  to
that  clause  (b).   The  moneys  received  by the Department
pursuant to this Act and required to be  deposited  into  the
Build  Illinois  Fund  are  subject  to the pledge, claim and
charge set forth in Section 12 of  the  Build  Illinois  Bond
Act.
    Subject  to  payment  of  amounts into the Build Illinois
Fund as  provided  in  the  preceding  paragraph  or  in  any
amendment  thereto hereafter enacted, the following specified
monthly  installment  of  the   amount   requested   in   the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority provided  under  Section  8.25f  of  the
State  Finance  Act,  but not in excess of sums designated as
"Total Deposit", shall be deposited  in  the  aggregate  from
collections  under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service  Occupation
Tax  Act,  and Section 3 of the Retailers' Occupation Tax Act
into the  McCormick  Place  Expansion  Project  Fund  in  the
specified fiscal years.
         Fiscal Year                   Total Deposit
             1993                            $0
             1994                        53,000,000
             1995                        58,000,000
             1996                        61,000,000
             1997                        64,000,000
             1998                        68,000,000
             1999                        71,000,000
             2000                        75,000,000
             2001                        80,000,000
             2002                        84,000,000
             2003                        89,000,000
             2004                        93,000,000
             2005                        97,000,000
             2006                       102,000,000
             2007                       108,000,000
             2008                       115,000,000
             2009                       120,000,000
             2010                       126,000,000
             2011                       132,000,000
             2012                       138,000,000
             2013 and                   145,000,000
    each fiscal year
    thereafter that bonds
    are outstanding under
    Section 13.2 of the
    Metropolitan Pier and
    Exposition Authority
    Act, but not after fiscal year 2029.
    Beginning  July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount  requested  in  the
certificate  of  the  Chairman  of  the Metropolitan Pier and
Exposition Authority for that fiscal year,  less  the  amount
deposited  into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under  subsection
(g)  of  Section  13  of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in  the  deposits
required  under  this  Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for  the  fiscal  year,
but  not  in  excess  of the amount specified above as "Total
Deposit", has been deposited.
    Subject to payment of amounts  into  the  Build  Illinois
Fund  and the McCormick Place Expansion Project Fund pursuant
to the preceding  paragraphs  or  in  any  amendment  thereto
hereafter  enacted,  each month the Department shall pay into
the Local  Government  Distributive  Fund  0.4%  of  the  net
revenue  realized for the preceding month from the 5% general
rate or 0.4% of 80% of  the  net  revenue  realized  for  the
preceding  month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property  which
amount  shall,  subject  to  appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing  Act.   No
payments or distributions pursuant to this paragraph shall be
made  if  the  tax  imposed  by  this  Act on photoprocessing
products is declared unconstitutional,  or  if  the  proceeds
from  such  tax  are  unavailable for distribution because of
litigation.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each  month  pay
into  the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for  the  preceding  month  from  the  6.25%
general  rate  on  the  selling  price  of  tangible personal
property.
    Subject to payment of amounts  into  the  Build  Illinois
Fund,  the  McCormick  Place  Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the  preceding
paragraphs  or  in  any amendments thereto hereafter enacted,
beginning with the receipt of the first report of taxes  paid
by  an eligible business and continuing for a 25-year period,
the  Department  shall  each  month  pay  into   the   Energy
Infrastructure  Fund 80% of the net revenue realized from the
6.25% general rate on the  selling  price  of  Illinois-mined
coal  that was sold to an eligible business.  For purposes of
this paragraph, the term  "eligible  business"  means  a  new
electric  generating  facility  certified pursuant to Section
605-332 of the Department of Commerce and  Community  Affairs
Law of the Civil Administrative Code of Illinois.
    Of the remainder of the moneys received by the Department
pursuant  to  this  Act,  75%  thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School  Fund  as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The  Department  may,  upon  separate written notice to a
taxpayer, require the taxpayer to prepare and file  with  the
Department  on a form prescribed by the Department within not
less than 60 days after  receipt  of  the  notice  an  annual
information  return for the tax year specified in the notice.
Such  annual  return  to  the  Department  shall  include   a
statement  of  gross receipts as shown by the retailer's last
Federal income tax return.  If  the  total  receipts  of  the
business  as reported in the Federal income tax return do not
agree with the gross receipts reported to the  Department  of
Revenue for the same period, the retailer shall attach to his
annual  return  a  schedule showing a reconciliation of the 2
amounts and the reasons for the difference.   The  retailer's
annual  return to the Department shall also disclose the cost
of goods sold by the retailer during the year covered by such
return, opening and closing inventories  of  such  goods  for
such year, costs of goods used from stock or taken from stock
and  given  away  by  the  retailer during such year, payroll
information of the retailer's business during such  year  and
any  additional  reasonable  information which the Department
deems would be helpful in determining  the  accuracy  of  the
monthly,  quarterly  or annual returns filed by such retailer
as provided for in this Section.
    If the annual information return required by this Section
is not filed when and as  required,  the  taxpayer  shall  be
liable as follows:
         (i)  Until  January  1,  1994, the taxpayer shall be
    liable for a penalty equal to 1/6 of 1% of  the  tax  due
    from such taxpayer under this Act during the period to be
    covered  by  the annual return for each month or fraction
    of a month until such return is filed  as  required,  the
    penalty  to  be assessed and collected in the same manner
    as any other penalty provided for in this Act.
         (ii)  On and after January  1,  1994,  the  taxpayer
    shall be liable for a penalty as described in Section 3-4
    of the Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking  manager  shall sign the annual return to certify the
accuracy of the information contained therein.    Any  person
who  willfully  signs  the  annual return containing false or
inaccurate  information  shall  be  guilty  of  perjury   and
punished  accordingly.   The annual return form prescribed by
the Department  shall  include  a  warning  that  the  person
signing the return may be liable for perjury.
    The  provisions  of this Section concerning the filing of
an annual information return do not apply to a  retailer  who
is  not required to file an income tax return with the United
States Government.
    As soon as possible after the first day  of  each  month,
upon   certification   of  the  Department  of  Revenue,  the
Comptroller shall order transferred and the  Treasurer  shall
transfer  from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to  1.7%  of  80%  of  the  net  revenue
realized  under  this  Act  for  the  second preceding month.
Beginning April 1, 2000, this transfer is no longer  required
and shall not be made.
    Net  revenue  realized  for  a month shall be the revenue
collected by the State pursuant to this Act, less the  amount
paid  out  during  that  month  as  refunds  to taxpayers for
overpayment of liability.
    For greater simplicity of administration,  manufacturers,
importers  and  wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and  paying  to  the
Department  all  tax  accruing under this Act with respect to
such sales, if the retailers who are  affected  do  not  make
written objection to the Department to this arrangement.
    Any  person  who  promotes,  organizes,  provides  retail
selling  space  for concessionaires or other types of sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar  exhibitions
or  events,  including  any  transient merchant as defined by
Section 2 of the Transient Merchant Act of 1987, is  required
to  file  a  report with the Department providing the name of
the merchant's business, the name of the  person  or  persons
engaged  in  merchant's  business,  the permanent address and
Illinois Retailers Occupation Tax Registration Number of  the
merchant,  the  dates  and  location  of  the event and other
reasonable information that the Department may require.   The
report must be filed not later than the 20th day of the month
next  following  the month during which the event with retail
sales was held.  Any  person  who  fails  to  file  a  report
required  by  this  Section commits a business offense and is
subject to a fine not to exceed $250.
    Any person engaged in the business  of  selling  tangible
personal property at retail as a concessionaire or other type
of  seller  at  the  Illinois  State  Fair, county fairs, art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily  report
of  the  amount of such sales to the Department and to make a
daily payment of the full amount of tax due.  The  Department
shall  impose  this requirement when it finds that there is a
significant risk of loss of revenue to the State at  such  an
exhibition  or  event.   Such  a  finding  shall  be based on
evidence that a  substantial  number  of  concessionaires  or
other  sellers  who  are  not  residents  of Illinois will be
engaging  in  the  business  of  selling  tangible   personal
property  at  retail  at  the  exhibition  or event, or other
evidence of a significant risk of  loss  of  revenue  to  the
State.  The Department shall notify concessionaires and other
sellers  affected  by the imposition of this requirement.  In
the  absence  of  notification   by   the   Department,   the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A.  90-491,  eff.  1-1-99;  90-612,  eff.  7-8-98;
91-37,   eff.  7-1-99;  91-51,  eff.  6-30-99;  91-101,  eff.
7-12-99; 91-541, eff. 8-13-99; 91-872, eff.  7-1-00;  91-901,
eff. 1-1-01; revised 1-15-01.)

    Section  940.   The  Property  Tax  Code  is  amended  by
changing Section 18-165 as follows:

    (35 ILCS 200/18-165)
    Sec. 18-165. Abatement of taxes.
    (a)  Any  taxing  district,  upon  a majority vote of its
governing authority, may,  after  the  determination  of  the
assessed  valuation  of its property, order the clerk of that
county to abate any portion of its  taxes  on  the  following
types of property:
         (1)  Commercial and industrial.
              (A)  The   property   of   any   commercial  or
         industrial firm, including but not  limited  to  the
         property   of   (i)   any  firm  that  is  used  for
         collecting,  separating,  storing,   or   processing
         recyclable  materials,  locating  within  the taxing
         district during the immediately preceding year  from
         another state, territory, or country, or having been
         newly   created   within   this   State  during  the
         immediately preceding year, or expanding an existing
         facility, or (ii) any firm  that  is  used  for  the
         generation  and transmission of electricity locating
         within the taxing district  during  the  immediately
         preceding  year or expanding its presence within the
         taxing district  during  the  immediately  preceding
         year  by  construction  of a new electric generating
         facility that uses natural gas as its fuel,  or  any
         firm  that  is  used  for production operations at a
         new, expanded, or  reopened  coal  mine  within  the
         taxing  district,  that has been certified as a High
         Impact  Business  by  the  Illinois  Department   of
         Commerce and Community Affairs.  The property of any
         firm  used  for  the  generation and transmission of
         electricity shall include all property of  the  firm
         used  for  transmission  facilities  as  defined  in
         Section  5.5  of  the  Illinois Enterprise Zone Act.
         The abatement shall not exceed a period of 10  years
         and  the  aggregate  amount  of abated taxes for all
         taxing   districts   combined   shall   not   exceed
         $4,000,000.
              (A-5)  Any property in the taxing district of a
         new electric  generating  facility,  as  defined  in
         Section  605-332  of  the Department of Commerce and
         Community Affairs Law of  the  Civil  Administrative
         Code  of  Illinois. The abatement shall not exceed a
         period of 10 years. The abatement shall  be  subject
         to the following limitations:
                   (i)  if  the  equalized assessed valuation
              of the  new  electric  generating  facility  is
              equal  to  or greater than $25,000,000 but less
              than $50,000,000, then the  abatement  may  not
              exceed   (i)   over  the  entire  term  of  the
              abatement,  5%   of   the   taxing   district's
              aggregate   taxes   from   the   new   electric
              generating facility and (ii) in any one year of
              abatement,  20%  of the taxing district's taxes
              from the new electric generating facility;
                   (ii)  if the equalized assessed  valuation
              of  the  new  electric  generating  facility is
              equal to or greater than $50,000,000  but  less
              than  $75,000,000,  then  the abatement may not
              exceed  (i)  over  the  entire  term   of   the
              abatement,   10%   of   the  taxing  district's
              aggregate   taxes   from   the   new   electric
              generating facility and (ii) in any one year of
              abatement, 35% of the taxing  district's  taxes
              from the new electric generating facility;
                   (iii)  if the equalized assessed valuation
              of  the  new  electric  generating  facility is
              equal to or greater than $75,000,000  but  less
              than  $100,000,000,  then the abatement may not
              exceed  (i)  over  the  entire  term   of   the
              abatement,   20%   of   the  taxing  district's
              aggregate   taxes   from   the   new   electric
              generating facility and (ii) in any one year of
              abatement, 50% of the taxing  district's  taxes
              from the new electric generating facility;
                   (iv)  if  the equalized assessed valuation
              of the  new  electric  generating  facility  is
              equal  to or greater than $100,000,000 but less
              than $125,000,000, then the abatement  may  not
              exceed   (i)   over  the  entire  term  of  the
              abatement,  30%  of   the   taxing   district's
              aggregate   taxes   from   the   new   electric
              generating facility and (ii) in any one year of
              abatement,  60%  of the taxing district's taxes
              from the new electric generating facility;
                   (v)  if the equalized  assessed  valuation
              of  the  new  electric  generating  facility is
              equal to or greater than $125,000,000 but  less
              than  $150,000,000,  then the abatement may not
              exceed  (i)  over  the  entire  term   of   the
              abatement,   40%   of   the  taxing  district's
              aggregate   taxes   from   the   new   electric
              generating facility and (ii) in any one year of
              abatement, 60% of the taxing  district's  taxes
              from the new electric generating facility;
                   (vi)  if  the equalized assessed valuation
              of the  new  electric  generating  facility  is
              equal to or greater than $150,000,000, then the
              abatement  may  not  exceed (i) over the entire
              term  of  the  abatement,  50%  of  the  taxing
              district's  aggregate  taxes   from   the   new
              electric  generating  facility  and (ii) in any
              one  year  of  abatement,  60%  of  the  taxing
              district's  taxes   from   the   new   electric
              generating facility.
              The abatement is not effective unless the owner
         of  the  new  electric generating facility agrees to
         repay to the taxing district all amounts  previously
         abated,  together with interest computed at the rate
         and in the manner provided for delinquent taxes,  in
         the  event  that  the  owner  of  the  new  electric
         generating   facility   closes   the   new  electric
         generating facility before  the  expiration  of  the
         entire term of the abatement.
              The  authorization of taxing districts to abate
         taxes under this subdivision (a)(1)(A-5) expires  on
         January 1, 2010.; or
              (B)  The   property   of   any   commercial  or
         industrial development of at least 500 acres  having
         been   created  within  the  taxing  district.   The
         abatement shall not exceed a period of 20 years  and
         the  aggregate amount of abated taxes for all taxing
         districts combined shall not exceed $12,000,000.
              (C)  The  property   of   any   commercial   or
         industrial  firm  currently  located  in  the taxing
         district that expands a facility or  its  number  of
         employees.  The  abatement shall not exceed a period
         of 10 years and the aggregate amount of abated taxes
         for all taxing districts combined shall  not  exceed
         $4,000,000.  The  abatement period may be renewed at
         the option of the taxing districts.
         (2)  Horse  racing.   Any  property  in  the  taxing
    district which is used for the racing of horses and  upon
    which   capital  improvements  consisting  of  expansion,
    improvement or replacement of  existing  facilities  have
    been  made  since  July 1, 1987.  The combined abatements
    for such property from all taxing districts in any county
    shall not exceed $5,000,000 annually and shall not exceed
    a period of 10 years.
         (3)  Auto racing.  Any property designed exclusively
    for the racing of motor vehicles.  Such  abatement  shall
    not exceed a period of 10 years.
         (4)  Academic  or  research institute.  The property
    of any academic  or  research  institute  in  the  taxing
    district   that  (i)  is  an  exempt  organization  under
    paragraph (3) of Section 501(c) of the  Internal  Revenue
    Code,  (ii)  operates  for  the  benefit of the public by
    actually and exclusively performing  scientific  research
    and  making  the results of the research available to the
    interested public  on  a  non-discriminatory  basis,  and
    (iii)  employs  more  than  100  employees.  An abatement
    granted under this paragraph shall be  for  at  least  15
    years  and  the  aggregate amount of abated taxes for all
    taxing districts combined shall not exceed $5,000,000.
         (5)  Housing for older persons.  Any property in the
    taxing district that is devoted exclusively to affordable
    housing for  older  households.   For  purposes  of  this
    paragraph,  "older households" means those households (i)
    living in housing provided under  any  State  or  federal
    program that the Department of Human Rights determines is
    specifically  designed  and  operated  to  assist elderly
    persons and is solely occupied by persons 55 years of age
    or older and (ii) whose annual income does not exceed 80%
    of the area gross  median  income,  adjusted  for  family
    size,   as  such  gross  income  and  median  income  are
    determined  from  time  to  time  by  the  United  States
    Department  of  Housing  and  Urban   Development.    The
    abatement  shall not exceed a period of 15 years, and the
    aggregate amount of abated taxes for all taxing districts
    shall not exceed $3,000,000.
         (6)  Historical society.  For assessment years  1998
    through  2000,  the  property  of  an  historical society
    qualifying  as  an  exempt  organization  under   Section
    501(c)(3) of the federal Internal Revenue Code.
         (7)  Recreational  facilities.   Any property in the
    taxing district (i) that is used for a municipal airport,
    (ii) that is subject  to  a  leasehold  assessment  under
    Section 9-195 of this Code and (iii) which is sublet from
    a  park  district  that  is  leasing  the property from a
    municipality,  but  only  if   the   property   is   used
    exclusively  for  recreational  facilities or for parking
    lots  used  exclusively  for   those   facilities.    The
    abatement shall not exceed a period of 10 years.
    (b)  Upon a majority vote of its governing authority, any
municipality  may,  after  the  determination of the assessed
valuation of its property, order the county  clerk  to  abate
any  portion  of  its  taxes  on any property that is located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source: P.A.  90-46,  eff.  7-3-97;  90-415,  eff.  8-15-97;
90-568,  eff.  1-1-99;  90-655,  eff.  7-30-98;  91-644, eff.
8-20-99; 91-885, eff. 7-6-00.)

    Section 945.  The Public  Utilities  Act  is  amended  by
changing Sections 9-222, 9-222.1A, and 16-126 as follows:

    (220 ILCS 5/9-222) (from Ch. 111 2/3, par. 9-222)
    Sec.  9-222.   Whenever  a  tax  is imposed upon a public
utility engaged in the business of  distributing,  supplying,
furnishing, or selling gas for use or consumption pursuant to
Section  2  of  the Gas Revenue Tax Act, or whenever a tax is
required to be collected by a delivering supplier pursuant to
Section 2-7 of the Electricity Excise Tax Act, or whenever  a
tax  is  imposed  upon  a  public utility pursuant to Section
2-202 of this Act, such utility  may  charge  its  customers,
other  than  customers  who  are high impact businesses under
Section 5.5 of the Illinois Enterprise Zone Act, or certified
business enterprises under Section 9-222.1 of  this  Act,  to
the  extent  of such exemption and during the period in which
such  exemption  is  in  effect,  in  addition  to  any  rate
authorized by this Act, an additional  charge  equal  to  the
total  amount  of  such  taxes. The exemption of this Section
relating to high impact businesses shall be  subject  to  the
provisions  of subsections (a), and (b), and (b-5) of Section
5.5 of the Illinois Enterprise Zone  Act.   This  requirement
shall not apply to taxes on invested capital imposed pursuant
to  the  Messages  Tax  Act,  the Gas Revenue Tax Act and the
Public Utilities Revenue Act. Such utility  shall  file  with
the  Commission  a  supplemental schedule which shall specify
such additional charge and which shall become effective  upon
filing  without  further notice. Such additional charge shall
be shown separately on the utility  bill  to  each  customer.
The Commission shall have the power to investigate whether or
not  such  supplemental  schedule  correctly  specifies  such
additional  charge,  but  shall have no power to suspend such
supplemental schedule.  If  the  Commission  finds,  after  a
hearing,  that  such supplemental schedule does not correctly
specify such additional charge, it shall by order  require  a
refund  to  the  appropriate customers of the excess, if any,
with interest, in such manner  as  it  shall  deem  just  and
reasonable,  and  in  and  by  such  order  shall require the
utility   to   file   an   amended   supplemental    schedule
corresponding  to  the  finding  and order of the Commission.
Except with respect to taxes  imposed  on  invested  capital,
such tax liabilities shall be recovered from customers solely
by  means  of  the  additional  charges  authorized  by  this
Section.
(Source: P.A. 91-914, eff. 7-7-00.)

    (220 ILCS 5/9-222.1A)
    Sec. 9-222.1A. High impact business.  Beginning on August
1,  1998  and  thereafter,  a  business  enterprise  that  is
certified  as  a  High  Impact  Business by the Department of
Commerce and  Community  Affairs  is  exempt   from  the  tax
imposed  by Section 2-4 of the Electricity Excise Tax Law, if
the High Impact Business is registered  to  self-assess  that
tax, and is exempt from any additional  charges  added to the
business enterprise's  utility  bills  as  a pass-on of State
utility  taxes under Section 9-222 of this Act, to the extent
the tax or charges are exempted by the  percentage  specified
by  the  Department  of   Commerce  and Community Affairs for
State utility taxes, provided the business  enterprise  meets
the following criteria:
         (1) (A)  it  intends  either  (i)  to make a minimum
         eligible investment  of  $12,000,000  that  will  be
         placed  in service in qualified property in Illinois
         and is intended to create at  least  500   full-time
         equivalent  jobs  at  a    designated    location in
         Illinois;  or  (ii)  to  make  a  minimum   eligible
         investment  of  $30,000,000  that  will be placed in
         service in qualified property  in  Illinois  and  is
         intended   to   retain   at  least  1,500  full-time
         equivalent  jobs  at  a   designated   location   in
         Illinois; or
              (B)  it   meets  the  criteria  of  subdivision
         (a)(3)(B), (a)(3)(C), or (a)(3)(D) of Section 5.5 of
         the Illinois Enterprise Zone Act;
         (2)  it is designated as a High Impact  Business  by
    the Department of Commerce and Community Affairs; and
         (3)  it  is  certified by the Department of Commerce
    and Community Affairs as complying with the  requirements
    specified in clauses (1) and (2) of this Section.
    The  Department  of  Commerce and Community Affairs shall
determine the period during  which  the  exemption  from  the
Electricity  Excise  Tax  Law  and  the charges imposed under
Section 9-222 are in effect, which shall not exceed 20  years
from the date of initial certification, and shall specify the
percentage  of  the  exemption from those taxes or additional
charges.
    The Department  of  Commerce  and  Community  Affairs  is
authorized  to  promulgate rules and regulations to carry out
the provisions of  this  Section,  including  procedures  for
complying  with  the  requirements specified  in  clauses (1)
and (2) of this Section and procedures for applying  for  the
exemptions  authorized  under  this  Section;  to  define the
amounts and types  of  eligible   investments  that  business
enterprises  must  make in order to receive State utility tax
exemptions or exemptions from the additional charges  imposed
under Section 9-222 and this Section; to approve such utility
tax exemptions for business enterprises whose investments are
not  yet placed in  service;  and  to  require  that business
enterprises  granted  tax  exemptions  or   exemptions   from
additional  charges  under  Section  9-222 repay the exempted
amount if the business enterprise fails to  comply  with  the
terms and conditions of the certification.
    Upon  certification  of  the  business enterprises by the
Department of Commerce and Community Affairs, the  Department
of Commerce and Community Affairs shall notify the Department
of  Revenue  of the certification.  The Department of Revenue
shall notify the public utilities of the exemption status  of
business enterprises from the tax or pass-on charges of State
utility taxes.  The exemption status shall take effect within
3 months after certification of the business enterprise.
(Source: P.A. 91-914, eff. 7-7-00.)

    (220 ILCS 5/16-126)
    Sec.   16-126.   Membership   in  an  independent  system
operator.
    (a)  The General Assembly finds that the establishment of
one or more independent system operators or their  functional
equivalents  is  required to facilitate the development of an
open and efficient marketplace for electric power and  energy
to   the  benefit  of  Illinois  consumers.  Therefore,  each
Illinois electric utility owning or controlling  transmission
facilities or providing transmission services in Illinois and
that  is  a member of the Mid-American Interconnected Network
as of the effective date of this amendatory Act of 1997 shall
submit  for  approval  to  the  Federal   Energy   Regulatory
Commission  an  application  for  establishing  or joining an
independent system operator that shall:
         (1)  independently manage and  control  transmission
    facilities of any electric utility;
         (2)  provide for nondiscriminatory access to and use
    of  the  transmission  system  for  buyers and sellers of
    electricity;
         (3)  direct  the  transmission  activities  of   the
    control area operators;
         (4)  coordinate, plan, and order the installation of
    new transmission facilities;
         (5)  adopt   inspection,  maintenance,  repair,  and
    replacement standards  for  the  transmission  facilities
    under  its  control  and  direct maintenance, repair, and
    replacement of all facilities under its control; and
         (6)  implement procedures  and  act  to  assure  the
    provision of adequate and reliable service.
    These  standards  shall  be  consistent  with reliability
criteria no less stringent  than  those  established  by  the
Mid-American  Interconnected  Network  and the North American
Electric Reliability Council or their successors.
    (b)  The requirements of  this  Section  may  be  met  by
joining   or   establishing  a  regional  independent  system
operator that meets the criteria  enumerated  in  subsections
(a),  (c),  and  (d)  of  this  Section, as determined by the
Commission. To achieve the objectives set forth in subsection
(a), the State of Illinois, through the appropriate officers,
departments, and agencies, shall work cooperatively with  the
appropriate officials and agencies of those States contiguous
to  this  State  and the Federal Energy Regulatory Commission
towards the formation of one  or  more  regional  independent
system operators.
    (c)  The   independent   system   operator's   governance
structure   must  be  fair  and  nondiscriminatory,  and  the
independent system operator must be independent  of  any  one
market  participant or class of participants. The independent
system operator's rules of governance must  prevent  control,
or the appearance of control, of decision-making by any class
of participants.
    (d)  Participants  in  the  independent  system  operator
shall  make  available to the independent system operator all
information required by the independent  system  operator  in
performance   of   its   functions   described   herein.  The
independent  system  operator  and  the  electric   utilities
participating  in  the independent system operator shall make
all  filings  required  by  the  Federal  Energy   Regulatory
Commission. The independent system operator shall ensure that
additional   filings   at   the   Federal  Energy  Regulatory
Commission request confirmation of the relevant provisions of
this amendatory Act of 1997.
    (e)  If  a  spot  market,  exchange  market,   or   other
market-based mechanism providing transparent real-time market
prices  for  electric  power  has  not  been  developed,  the
independent system operator or a closely cooperating agent of
the  independent  system  operator  may  provide an efficient
competitive power exchange auction  for  electric  power  and
energy,  open  on a nondiscriminatory basis to all suppliers,
which meets the loads of all auction customers  at  efficient
prices.
    (f)  For   those   electric   utilities  referred  to  in
subsection (a) which have not filed with the  Federal  Energy
Regulatory  Commission  by  June  30, 1998 an application for
establishment  or  participation  in  an  independent  system
operator or if such application has not been approved by  the
Federal  Energy  Regulatory Commission by March 31, 1999, a 5
member Oversight Board shall be formed. The  Oversight  Board
shall  (1)  oversee  the  creation of an Illinois independent
system operator and (2) determine the composition and initial
terms of service of, and appoint the initial members of,  the
Illinois  independent system operator board of directors. The
Oversight Board shall consist of the following: (1) 3 persons
appointed by the Governor; (2) one person  appointed  by  the
Speaker  of  the House of Representatives; and (3) one person
appointed by the President of the Senate. The Oversight Board
shall take  the  steps  that  are  necessary  to  ensure  the
earliest  possible  incorporation  of an Illinois independent
system operator under the Business Corporation Act  of  1983,
and   shall  serve  until  the  Illinois  independent  system
operator is incorporated.
    (g)  After  notice  and  hearing,  the  Commission  shall
require each electric utility referred to in subsection  (a),
that  is  not participating in an independent system operator
meeting the requirements of subsections (a) and (c), to  seek
authority  from  the  Federal Energy Regulatory Commission to
transfer functional control of transmission facilities to the
Illinois independent  system  operator  for  control  by  the
Illinois  independent  system  operator  consistent  with the
requirements of subsection (a). Upon approval by the  Federal
Energy  Regulatory  Commission,  electric  utilities may also
elect to transfer ownership of transmission facilities to the
Illinois independent system operator.  Nothing  in  this  Act
shall  be deemed to preclude the  Illinois independent system
operator from (1) seeking authority, as necessary,  to  merge
with or otherwise combine its operations with those of one or
more   other  entities  authorized  to  provide  transmission
services, (2) purchasing or leasing transmission assets  from
transmission-owning  entities not required by this Section to
lease transmission facilities  to  the  Illinois  independent
system  operator,  or  (3) operating as a transmission public
utility under the Federal Power Act.
    (h)  Any  other  owner  of  transmission  facilities   in
Illinois  not  required  by this Section to participate in an
independent system  operator  shall  be  permitted,  but  not
required,  to  become  a  member  of the Illinois independent
system operator.
    (i)  The Illinois  independent  system  operator  created
under this Section, and any other independent system operator
authorized  by  the  Federal  Energy Regulatory Commission to
provide transmission services as a public utility  under  the
Federal  Power  Act  within  the  State of Illinois, shall be
deemed to be a public utility for purposes of  Section  8-503
and  8-509  of  this  Act.  An independent system operator or
regional transmission organization that is the subject of  an
order  entered by the Commission under Section 8-503 need not
possess a certificate  of  service  authority  under  Section
8-406 in order to be authorized to take the actions set forth
in Section 8-509.
    (j)  Electric utilities referred to in subsection (a) may
withdraw  from  the Illinois independent system operator upon
becoming a  member  of  an  independent  system  operator  or
operators conforming with the criteria in subsections (a) and
(c)  and  whose  formation and operation has been approved by
the Federal Energy  Regulatory  Commission.  This  subsection
does  not  relieve  any  electric  utility of any obligations
under Federal law.
    (k)  Nothing  in  this  Section  shall  be  construed  as
imposing any requirements or obligations that are in conflict
with federal law.
    (l)  A regional transmission organization  created  under
the  rules  of the Federal Energy Regulatory Commission shall
be  considered  to  be  the  functional  equivalent   of   an
independent system operator for purposes of this Section, and
an  electric  utility shall be deemed to meet its obligations
under  this  Section  through  membership   in   a   regional
transmission  organization  that fulfills the requirements of
an independent system operator under this Section.
(Source: P.A. 90-561, eff. 12-16-97.)

    Section 950.  The Environmental Protection Act is amended
by changing Section 9.9 and adding Section 9.10 as follows:

    (415 ILCS 5/9.9)
    Sec. 9.9.  Nitrogen oxides trading system.
    (a)  The General Assembly finds:
         (1)  That USEPA has issued a Final Rule published in
    the  Federal  Register  on  October  27,  1998,  entitled
    "Finding of Significant Contribution and  Rulemaking  for
    Certain  States  in  the Ozone Transport Assessment Group
    Region for Purposes of  Reducing  Regional  Transport  of
    Ozone",  hereinafter  referred  to as the "NOx SIP Call",
    compliance with which will require reducing emissions  of
    nitrogen oxides ("NOx");
         (2)  That  reducing  emissions  of  NOx in the State
    helps the State to meet the national ambient air  quality
    standard for ozone;
         (3)  That  emissions  trading  is  a  cost-effective
    means of obtaining reductions of NOx emissions.
    (b)  The  Agency  shall propose and the Board shall adopt
regulations to implement an interstate  NOx  trading  program
(hereinafter  referred  to  as  the "NOx Trading Program") as
provided for in 40 CFR Part 96,  including  incorporation  by
reference  of  appropriate  provisions  of 40 CFR Part 96 and
regulations  to  address  40  CFR  Section  96.4(b),  Section
96.55(c), Subpart E, and Subpart I.  In addition, the  Agency
shall  propose  and  the  Board  shall  adopt  regulations to
implement NOx emission reduction programs  for  cement  kilns
and stationary internal combustion engines.
    (c)  Allocations  of  NOx  allowances  to  large electric
generating units ("EGUs") and large  non-electric  generating
units  ("non-EGUs"), as defined by 40 CFR Part 96.4(a), shall
not exceed  the  State's  trading  budget  for  those  source
categories  to  be  included in the State Implementation Plan
for NOx.
    (d)  In adopting regulations to implement the NOx Trading
Program, the Board shall:
         (1)  assure that the economic impact  and  technical
    feasibility  of  NOx  emissions  reductions under the NOx
    Trading  Program   are   considered   relative   to   the
    traditional  regulatory control requirements in the State
    for EGUs and non-EGUs;
         (2)  provide that  emission  units,  as  defined  in
    Section 39.5(1) of this Act, may opt into the NOx Trading
    Program;
         (3)  provide   for   voluntary   reductions  of  NOx
    emissions from emission  units,  as  defined  in  Section
    39.5(1)   of  this  Act,  not  otherwise  included  under
    paragraph (c)  or  (d)(2)  of  this  Section  to  provide
    additional   allowances   to  EGUs  and  non-EGUs  to  be
    allocated by the Agency.  The regulations  shall  further
    provide  that  such  voluntary reductions are verifiable,
    quantifiable, permanent, and federally enforceable;
         (4)  provide that the Agency  allocate  to  non-EGUs
    allowances  that  are  designated in the rule, unless the
    Agency has been directed to transfer the  allocations  to
    another  unit  subject  to  the  requirements  of the NOx
    Trading Program, and that upon shutdown of a non-EGU, the
    unit may transfer or sell the  NOx  allowances  that  are
    allocated to such unit; and
         (5)  provide   that   the  Agency  shall  set  aside
    annually a number of allowances, not to exceed 5% of  the
    total  EGU  trading  budget,  to be made available to new
    EGUs.
              (A)  Those  EGUs   that   commence   commercial
         operation,  as  defined in 40 CFR Section 96.2, at a
         time that is more than half way through the  control
         period  in  2003 2002 shall return to the Agency any
         allowances that were issued to it by the Agency  and
         were not used for compliance in 2004 2003.
              (B)  The  Agency  may charge EGUs that commence
         commercial operation, as defined in 40  CFR  Section
         96.2,   on   or  after  January  1,  2003,  for  the
         allowances it issues to them.
    (e)  The Agency may adopt procedural rules, as necessary,
to  implement  the  regulations  promulgated  by  the   Board
pursuant   to  subsections  (b)  and  (d)  and  to  implement
subsection (i) of this Section.
    (f)  Notwithstanding any provisions in subparts T, U, and
W of Section 217 of Title 35 of the  Illinois  Administrative
Code   to  the  contrary,  compliance  with  the  regulations
promulgated by the Board pursuant to subsections (b) and  (d)
of  this Section is required by May 31, 2004. The regulations
promulgated by the Board pursuant to subsections (b) and  (d)
of  this Section shall not be enforced until the later of May
1, 2003, or the first day of the control season subsequent to
the calendar year in which all of the other states subject to
the provisions of the NOx SIP Call that are located in  USEPA
Region  V  or  that  are  contiguous to Illinois have adopted
regulations to  implement  NOx  trading  programs  and  other
required  reductions of NOx emissions pursuant to the NOx SIP
Call, and such regulations have received  final  approval  by
USEPA  as part of the respective states' SIPS for ozone, or a
final FIP for ozone promulgated by  USEPA  is  effective  for
such other states.
    (g)  To the extent that a court of competent jurisdiction
finds   a   provision   of   40  CFR  Part  96  invalid,  the
corresponding Illinois provision shall be stayed  until  such
provision  of  40  CFR  Part  96  is  found to be valid or is
re-promulgated. To the extent that  USEPA  or  any  court  of
competent   jurisdiction   stays  the  applicability  of  any
provision of the NOx SIP Call to any person  or  circumstance
relating  to  Illinois,  during  the period of that stay, the
effectiveness of the corresponding Illinois  provision  shall
be   stayed.  To  the  extent  that  the  invalidity  of  the
particular requirement or application does not  affect  other
provisions or applications of the NOx SIP Call pursuant to 40
CFR 51.121 or the NOx trading program pursuant to 40 CFR Part
96  or 40 CFR Part 97, this Section, and rules or regulations
promulgated hereunder,  will  be  given  effect  without  the
invalid provisions or applications.
    (h)  Notwithstanding any other provision of this Act, any
source  or  other  authorized person that participates in the
NOx  Trading  Program  shall  be  eligible  to  exchange  NOx
allowances with other sources in accordance with this Section
and with regulations promulgated by the Board or the Agency.
    (i)  There is hereby created within the State Treasury an
interest-bearing special fund to be known as the NOx  Trading
System  Fund,  which  shall  be  used and administered by the
Agency for the purposes stated below:
         (1)  To accept funds from persons who  purchase  NOx
    allowances from the Agency;
         (2)  To  disburse the proceeds of the NOx allowances
    sales pro-rata to the owners or  operators  of  the  EGUs
    that received allowances from the Agency but not from the
    Agency's  set-aside,  in accordance with regulations that
    may be promulgated by the Agency; and
         (3)  To finance the reasonable costs incurred by the
    Agency in the administration of the NOx Trading System.
(Source: P.A. 91-631, eff. 8-19-99.)

    (415 ILCS 5/9.10 new)
    Sec. 9.10.  Fossil fuel-fired electric generating plants.
    (a)  The General Assembly finds and declares that:
         (1)  fossil fuel-fired  electric  generating  plants
    are  a  significant source of air emissions in this State
    and have become the subject of a number of important  new
    studies of their effects on the public health;
         (2)  existing state and federal policies, that allow
    older plants  that  meet  federal  standards  to  operate
    without   meeting   the   more   stringent   requirements
    applicable  to  new  plants,  are being questioned on the
    basis of their environmental  impacts  and  the  economic
    distortions  such  policies cause in a deregulated energy
    market;
         (3)  fossil fuel-fired  electric  generating  plants
    are,  or  may  be,  affected  by  a  number of regulatory
    programs, some of which are under review  or  development
    on the state and national levels, and to a certain extent
    the  international level, including the federal acid rain
    program, tropospheric ozone, mercury and other  hazardous
    pollutant control requirements, regional haze, and global
    warming;
         (4)  scientific  uncertainty regarding the formation
    of  certain  components  of  regional  haze  and  the air
    quality modeling that predict impacts of control measures
    requires careful  consideration  of  the  timing  of  the
    control of some of the pollutants from these  facilities,
    particularly  sulfur  dioxides  and  nitrogen oxides that
    each interact with ammonia and other  substances  in  the
    atmosphere;
         (5)  the development of energy policies to promote a
    safe, sufficient,  reliable, and affordable energy supply
    on the state and national levels is being affected by the
    on-going deregulation of the  power  generation  industry
    and the evolving energy markets;
         (6)  the  Governor's  formation of an Energy Cabinet
    and the development of a State energy  policy  calls  for
    actions  by  the Agency and the Board that are in harmony
    with the energy needs and  policy  of  the  State,  while
    protecting the public health and the environment;
         (7)  Illinois  coal  is  an abundant resource and an
    important component of Illinois' economy whose use should
    be encouraged to the greatest extent possible  consistent
    with protecting the public health and the environment;
         (8)  renewable forms of energy should be promoted as
    an  important  element  of  the  energy and environmental
    policies of the State and that it is a goal of the  State
    that at least 5% of the State's energy production and use
    be  derived from renewable forms of energy by 2010 and at
    least 15% from renewable forms of energy by 2020;
         (9)  efforts on the state  and  federal  levels  are
    underway   to   consider   the   multiple   environmental
    regulations affecting electric generating plants in order
    to  improve  the  ability  of government and the affected
    industry to engage in effective planning through the  use
    of multi-pollutant strategies; and
         (10)  these  issues,  taken  together,  call  for  a
    comprehensive review of the impact of these facilities on
    the  public  health,  considering also the energy supply,
    reliability, and costs, the role of  renewable  forms  of
    energy,   and   the   developments  in  federal  law  and
    regulations that may affect any state actions,  prior  to
    making final decisions in Illinois.
    (b)  Taking into account the findings and declarations of
the  General  Assembly  contained  in  subsection (a) of this
Section, the Agency shall, before September 30, 2004, but not
before September 30, 2003, issue  to  the  House  and  Senate
Committees  on  Environment  and Energy findings that address
the potential need for the control or reduction of  emissions
from  fossil fuel-fired electric generating plants, including
the following provisions:
         (1)  reduction  of  nitrogen  oxide  emissions,   as
    appropriate,   with   consideration   of  maximum  annual
    emissions rate limits or establishment  of  an  emissions
    trading   program   and   with   consideration   of   the
    developments  in  federal  law  and  regulations that may
    affect any State action, prior to making final  decisions
    in Illinois;
         (2)  reduction   of  sulfur  dioxide  emissions,  as
    appropriate,  with  consideration   of   maximum   annual
    emissions  rate  limits  or establishment of an emissions
    trading   program   and   with   consideration   of   the
    developments in federal  law  and  regulations  that  may
    affect  any State action, prior to making final decisions
    in Illinois;
         (3)  incentives  to  promote  renewable  sources  of
    energy consistent with  item (8)  of  subsection  (a)  of
    this Section;
         (4)  reduction    of    mercury    as   appropriate,
    consideration of  the availability of control technology,
    industry practice requirements, or incentive programs, or
    some combination of these approaches that are  sufficient
    to  prevent  unacceptable  local  impacts from individual
    facilities and with consideration of the developments  in
    federal  law  and  regulations  that may affect any state
    action, prior to making final decisions in Illinois; and
         (5)  establishment of a banking  system,  consistent
    with  the  United States Department of Energy's voluntary
    reporting system, for certifying  credits  for  voluntary
    offsets  of  emissions of greenhouse gases, as identified
    by the United States Environmental Protection Agency,  or
    other  voluntary  reductions  of  greenhouse gases.  Such
    reduction efforts may include, but are  not  limited  to,
    carbon  sequestration, technology-based control measures,
    energy efficiency measures,  and  the  use  of  renewable
    energy sources.
    The  Agency  shall  consider  the  impact  on  the public
health, considering also    energy  supply,  reliability  and
costs,   the   role   of   renewable  forms  of  energy,  and
developments in federal law and regulations that  may  affect
any  state  actions,  prior  to  making  final  decisions  in
Illinois.
    (c)  Nothing  in this Section is intended to or should be
interpreted in a manner to limit or restrict the authority of
the Illinois Environmental Protection Agency to  propose,  or
the   Illinois   Pollution   Control   Board  to  adopt,  any
regulations applicable or that may become applicable  to  the
facilities  covered  by  this  Section  that  are required by
federal law.
    (d)  The Agency may file proposed rules with the Board to
effectuate its findings provided to the Senate  Committee  on
Environment and Energy and the House Committee on Environment
and Energy in accordance with subsection (b) of this Section.
Any  such proposal shall not be submitted sooner than 90 days
after the issuance of the findings provided for in subsection
(b) of this Section.  The Board shall take action on any such
proposal within one  year  of  the  Agency's  filing  of  the
proposed rules.
    (e)  This  Section  shall  apply only to those electrical
generating units  that  are  subject  to  the  provisions  of
Subpart   W   of  Part  217  of  Title  35  of  the  Illinois
Administrative Code, as promulgated by the Illinois Pollution
Control Board on December 21, 2000.

    Section 955.  The Illinois Development Finance  Authority
Act is amended by adding Section 7.90 as follows:

    (20 ILCS 3505/7.90 new)
    Sec. 7.90.  Clean Coal and Energy Project Financing.
    (a)  Findings  and  declaration  of policy.  It is hereby
found and declared that Illinois has abundant coal  resources
and,  in some areas of Illinois, the demand for power exceeds
the  generating  capacity.   Incentives  to   encourage   the
construction  of  coal-fired  electric  generating  plants in
Illinois to ensure power-generating capacity into the  future
are in the best interests of all of the citizens of Illinois.
The  Authority  is  authorized to issue bonds to help finance
Clean Coal and Energy projects pursuant to this  Section  and
under this Act.
    (b)  Definition.  "Clean  Coal and Energy projects" means
new electric generating facilities,  as  defined  in  Section
605-332  of  the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois,  which  may
include mine-mouth power plants, projects that employ the use
of  clean  coal  technology,  projects to develop alternative
energy sources, including renewable energy projects, projects
to provide scrubber technology for existing energy generating
plants,  or  projects  to   provide   electric   transmission
facilities.
    (c)  Creation   of  reserve  funds.   The  Authority  may
establish and maintain one or more reserve funds  to  enhance
bonds  issued  by  the  Authority  for  Clean Coal and Energy
projects under this  Section.   There  may  be  one  or  more
accounts  in  these  reserve  funds  in  which  there  may be
deposited:
         (1)  any proceeds of bonds issued by  the  Authority
    required  to  be  deposited  therein  by the terms of any
    contract between the Authority and its bondholders or any
    resolution of the Authority;
         (2)  any other moneys or funds of the Authority that
    it may  determine  to  deposit  therein  from  any  other
    source; and
         (3)  any other moneys or funds made available to the
    Authority.
    Subject  to  the terms of any pledge to the owners of any
bonds, moneys in any reserve fund may be held and applied  to
the payment of the interest, premium, if any, or principal of
bonds or for any other purpose authorized by the Authority.
    (d)  Powers and duties.  The Authority has the power:
         (1)  To  issue  bonds in one or more series pursuant
    to one or more resolutions of the Authority for any Clean
    Coal and Energy projects authorized under  this  Section,
    within the authorization set forth in subsection (e).
         (2)  To  provide  for the funding of any reserves or
    other funds or accounts deemed necessary by the Authority
    in connection with any bonds issued by the Authority.
         (3) To pledge any funds of the  Authority  or  funds
    made  available  to  the Authority that may be applied to
    such purpose as security for any bonds or any guarantees,
    letters of credit, insurance contracts, or similar credit
    support or liquidity instruments securing the bonds.
         (4)  To enter  into  agreements  or  contracts  with
    third  parties,  whether  public  or  private, including,
    without limitation, the United  States  of  America,  the
    State, or any department or agency thereof, to obtain any
    appropriations,  grants,  loans,  or  guarantees that are
    deemed necessary or desirable by the Authority.  Any such
    guarantee, agreement, or contract may contain  terms  and
    provisions  necessary or desirable in connection with the
    program, subject to the requirements established  by  the
    Act.
         (5)  To  exercise such other powers as are necessary
    or incidental to the foregoing.
    (e)  Clean Coal Energy bond authorization  and  financing
limits.   In  addition  to  any  other bonds authorized to be
issued under this Act, the Authority may have outstanding, at
any time, bonds for the purpose enumerated in this Section in
an  aggregate  principal  amount  that   shall   not   exceed
$3,000,000,000,  of  which  no  more than $300,000,000 may be
issued to  finance  transmission  facilities,  no  more  than
$500,000,000  may  be issued to finance scrubbers at existing
generating plants, no more than $500,000,000 may be issued to
finance  alternative  energy  sources,  including   renewable
energy  projects,  and  no  more  than  $1,700,000,000 may be
issued to finance  new  electric  generating  facilities,  as
defined  in Section 605-332 of the Department of Commerce and
Community Affairs Law of the  Civil  Administrative  Code  of
Illinois,  which  may  include  mine-mouth  power plants.  An
application for a loan financed from  bond  proceeds  from  a
borrower  or  its  affiliates  for  a  Clean  Coal and Energy
project may not be approved by the Authority for an amount in
excess of $450,000,000 for any borrower  or  its  affiliates.
These   bonds   shall   not  constitute  an  indebtedness  or
obligation of the State of Illinois and it shall  be  plainly
stated  on  the face of each bond that it does not constitute
an indebtedness or obligation of the State of Illinois but is
payable solely from the revenues, income, or other assets  of
the Authority pledged therefor.
    (f)  Criteria   for   participation   in   the   program.
Applications to the Authority for financing of any Clean Coal
and  Energy project shall be reviewed by the Authority.  Upon
submission of any such application, the Authority staff shall
review the application for its completeness and may,  at  the
discretion  of  the  Authority staff, request such additional
information as it deems necessary  or  advisable  to  aid  in
review.  If the Authority receives applications for financing
for  Clean  Coal  and  Energy  projects in excess of the bond
authorization available for such financing at any  one  time,
it shall consider applications in the order of priority as it
shall determine, in consultation with other State agencies.

    Section  999.   Effective date.  This Act takes effect on
July 1, 2001.
    Passed in the General Assembly May 31, 2001.
    Approved June 22, 2001.
    Effective July 01, 2001.

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