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92nd General Assembly

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Public Act 92-0310

SB761 Enrolled                                 LRB9204525SMdv

    AN ACT concerning taxes.

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

    Section  5.  The Electricity Excise Tax Law is amended by
changing Section 2-3 as follows:

    (35 ILCS 640/2-3)
    Sec. 2-3. Definitions.  As used in this Law,  unless  the
context clearly requires otherwise:
    (a)  "Department"  means the Department of Revenue of the
State of Illinois.
    (b)  "Director" means the Director of the  Department  of
Revenue of the State of Illinois.
    (c)  "Person"  means any natural individual, firm, trust,
estate, partnership, association, joint stock company,  joint
venture,   corporation,   limited  liability  company,  or  a
receiver,  trustee,   guardian,   or   other   representative
appointed  by order of any court, or any city, town, village,
county, or other political subdivision of this State.
    (d)  "Purchase price" means the  consideration  paid  for
the  distribution,  supply, furnishing, sale, transmission or
delivery of electricity to a person for  non-residential  use
or  consumption (and for both residential and non-residential
use or consumption in the case of electricity purchased  from
a  municipal  system  or  electric  cooperative  described in
subsection (b) of Section 2-4) and not for  resale,  and  for
all services directly related to the production, transmission
or   distribution   of   electricity  distributed,  supplied,
furnished, sold, transmitted or delivered for non-residential
use or consumption, and includes transition  charges  imposed
in  accordance  with  Article XVI of the Public Utilities Act
and instrument funding charges  imposed  in  accordance  with
Article  XVIII  of the Public Utilities Act, as well as cash,
services and property of every kind or nature, and  shall  be
determined  without  any  deduction on account of the cost of
the service, product  or  commodity  supplied,  the  cost  of
materials  used, labor or service costs, or any other expense
whatsoever.  However,  "purchase  price"  shall  not  include
consideration paid for:
         (i)  any charge for a dishonored check;
         (ii)  any  finance  or  credit  charge,  penalty  or
    charge  for  delayed  payment,  or  discount  for  prompt
    payment;
         (iii)  any charge for reconnection of service or for
    replacement or relocation of facilities;
         (iv)  any   advance   or   contribution  in  aid  of
    construction;
         (v)  repair, inspection or  servicing  of  equipment
    located on customer premises;
         (vi)  leasing or rental of equipment, the leasing or
    rental of which is not necessary to furnishing, supplying
    or selling electricity;
         (vii)  any  purchase  by a purchaser if the supplier
    is prohibited by federal or State  constitution,  treaty,
    convention, statute or court decision from recovering the
    related tax liability from such purchaser; and
         (viii)  any   amounts  added  to  purchasers'  bills
    because of charges made pursuant to the  tax  imposed  by
    this Law.
    In  case  credit is extended, the amount thereof shall be
included only as and when payments are made.
    "Purchase price" shall not include consideration received
from business enterprises certified under Section 9-222.1  or
9-222.1A  of  the  Public  Utilities  Act, as amended, to the
extent of such  exemption  and  during  the  period  of  time
specified   by  the  Department  of  Commerce  and  Community



Affairs.
    (e)  "Purchaser"   means   any   person   who    acquires
electricity  for use or consumption and not for resale, for a
valuable consideration.
    (f)  "Non-residential electric  use"  means  any  use  or
consumption of electricity which is not  residential electric
use.
    (g)  "Residential electric use" means electricity used or
consumed  at  a  dwelling of 2 or fewer units, or electricity
for household purposes used or consumed at  a  building  with
multiple  dwelling  units where the electricity is registered
by a separate meter for each dwelling unit.
    (h)  "Self-assessing purchaser"  means  a  purchaser  for
non-residential  electric use who elects to register with and
to pay tax directly to  the  Department  in  accordance  with
Sections 2-10 and 2-11 of this Law.
    (i)  "Delivering  supplier"  means  any person engaged in
the business of delivering electricity to persons for use  or
consumption  and not for resale, but not an entity engaged in
the practice of  resale  and  redistribution  of  electricity
within  a  building prior to January 2, 1957, and who, in any
case where more than one person participates in the  delivery
of  electricity  to a specific purchaser,  is the last of the
suppliers engaged in delivering the electricity prior to  its
receipt by the purchaser.
    (j)  "Delivering supplier maintaining a place of business
in  this  State",  or  any  like  term,  means any delivering
supplier having or maintaining within this State, directly or
by a subsidiary, an office, generation facility, transmission
facility, distribution facility, sales office or other  place
of  business,  or any employee, agent or other representative
operating within this  State  under  the  authority  of  such
delivering supplier or such delivering supplier's subsidiary,
irrespective  of  whether  such place of business or agent or
other representative is located in this State permanently  or
temporarily,  or  whether  such  delivering  supplier or such
delivering supplier's subsidiary is licensed to  do  business
in this State.
    (k)  "Use"  means the exercise by any person of any right
or power over electricity incident to the ownership  of  that
electricity,  except that it does not include the generation,
production, transmission, distribution, delivery or  sale  of
electricity  in  the regular course of business or the use of
electricity for such purposes.
(Source: P.A. 90-561, eff. 8-1-98; 91-914, eff. 7-7-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 15, 2001.
    Approved August 09, 2001.

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