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92nd General Assembly

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Public Act 92-0492

SB1176 Enrolled                                LRB9205953SMdv

    AN ACT in relation to taxes.

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

    Section 5.  The Department of Revenue Law  of  the  Civil
Administrative  Code  of  Illinois  is  amended  by  changing
Sections 2505-210, 2505-275, and 2505-400 as follows:

    (20 ILCS 2505/2505-210) (was 20 ILCS 2505/39c-1)
    Sec. 2505-210. Electronic funds transfer.
    (a)  The  Department  may  provide means by which persons
having a tax liability under  any  Act  administered  by  the
Department  may  use electronic funds transfer to pay the tax
liability.
    (b)  Beginning on October 1, 2002, a taxpayer who has  an
annual  tax  liability  of  $200,000  or  more shall make all
payments of that tax to the Department  by  electronic  funds
transfer.   Before  August 1 of each year, beginning in 2002,
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.  For purposes of this  subsection  (b),  the  term
"annual   tax   liability"   means,  except  as  provided  in
subsections (c) and (d) of  this  Section,  the  sum  of  the
taxpayer's  liabilities  under  a tax Act administered by the
Department,  except  the  Motor  Fuel   Tax   Law   and   the
Environmental  Impact  Fee Law, for the immediately preceding
calendar year.
    (c)  For purposes of subsection (b), the term "annual tax
liability" means, for a taxpayer that incurs a tax  liability
under  the  Retailers' Occupation Tax Act, Service Occupation
Tax Act, Use Tax Act, Service Use Tax Act, or any other State
or local occupation or use tax law that  is  administered  by
the  Department,  the sum of the taxpayer's liabilities under
the Retailers' Occupation Tax  Act,  Service  Occupation  Tax
Act,  Use  Tax  Act, Service Use Tax Act, and all other State
and local occupation and use tax  laws  administered  by  the
Department for the immediately preceding calendar year.
    (d)  For purposes of subsection (b), the term "annual tax
liability"  means,  for  a  taxpayer  that incurs an Illinois
income tax liability, the greater of:
         (1)  the amount  of  the  taxpayer's  tax  liability
    under  Article  7  of the Illinois Income Tax Act for the
    immediately preceding calendar year; or
         (2)  the taxpayer's estimated tax payment obligation
    under Article 8 of the Illinois Income Tax  Act  for  the
    immediately preceding calendar year.
    (e)  The   Department  shall  adopt  such  rules  as  are
necessary  to  effectuate  a  program  of  electronic   funds
transfer and the requirements of this Section.
(Source: P.A. 91-239, eff. 1-1-00.)

    (20 ILCS 2505/2505-275) (was 20 ILCS 2505/39e)
    Sec.   2505-275.   Tax   overpayments.  In  the  case  of
overpayment  of  any  tax  liability  arising  from  an   Act
administered by the Department, the Department may credit the
amount  of  the  overpayment and any interest thereon against
any final tax liability arising under that or any  other  Act
administered by the Department. The Department may enter into
agreements  with  the Secretary of the Treasury of the United
States (or his or her delegate) to offset all or part  of  an
overpayment  of  such  a  tax liability against any liability
arising from a tax imposed  under  Title  26  of  the  United
States  Code.  The  Department  may  collect  a  fee from the
Secretary of the Treasury of the United States (or his or her
delegate) to cover the full cost of  offsets  taken,  to  the
extent allowed by federal law.
(Source: P.A. 91-239, eff. 1-1-00.)

    (20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49)
    Sec. 2505-400.  Contracts for collection assistance.
    (a)  The   Department  has  the  power  to  contract  for
collection  assistance  on  a  contingent  fee  basis,   with
collection  fees  to be retained by the collection agency and
the net collections to be paid to the Department.
    (b)  The Department has the power to enter  into  written
agreements  with  State's  Attorneys  for  pursuit  of  civil
liability  under  Section  17-1a of the Criminal Code of 1961
against persons who have issued to the Department  checks  or
other  orders in violation of the provisions of paragraph (d)
of subsection (B) of Section 17-1 of  the  Criminal  Code  of
1961.   Of  the amount collected, the Department shall retain
the amount owing upon the dishonored  check  or  order  along
with  the  dishonored  check  fee  imposed  under the Uniform
Penalty and Interest Act.  The balance of damages, fees,  and
costs  collected  under Section 17-1a of the Criminal Code of
1961  shall  be  retained  by  the  State's  Attorney.    The
agreement shall not affect the allocation of fines and  costs
imposed in any criminal prosecution.
    (c)  The  Department  may  issue  the  Secretary  of  the
Treasury  of  the  United  States  (or  his  or her delegate)
notice, as  required  by  Section  6402(e)  of  the  Internal
Revenue  Code,  of  any  past  due, legally enforceable State
income tax obligation of  a  taxpayer.  The  Department  must
notify  the taxpayer that any fee charged to the State by the
Secretary of the Treasury of the United States (or his or her
delegate) under Internal  Revenue  Code  Section  6402(e)  is
considered  additional  State income tax of the taxpayer with
respect to whom the Department  issued  the  notice,  and  is
deemed  assessed upon issuance by the Department of notice to
the Secretary of the Treasury of the United States (or his or
her delegate) under Section 6402(e) of the  Internal  Revenue
Code;  a  notice  of  additional  State  income  tax  is  not
considered  a  notice  of deficiency, and the taxpayer has no
right of protest.
(Source: P.A. 91-239, eff. 1-1-00.)

    Section 10.  The Illinois Income Tax Act  is  amended  by
changing Section 601.1 and adding Section 911.2 as follows:

    (35 ILCS 5/601.1) (Ch. 120, par. 6-601.1)
    Sec. 601.1. Payment by electronic funds transfer.
    (a)  Beginning  on October 1, 1993, a taxpayer who has an
average monthly tax  liability  of  $150,000  or  more  under
Article  7  of  this  Act shall make all payments required by
rules  of  the  Department  by  electronic  funds   transfer.
Beginning  October  1,  1993,  a  taxpayer who has an average
quarterly estimated tax payment  obligation  of  $450,000  or
more  under  Article  8  of  this Act shall make all payments
required by rules  of  the  Department  by  electronic  funds
transfer.   Beginning  on October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000  or  more  under
Article  7  of  this  Act shall make all payments required by
rules  of  the  Department  by  electronic  funds   transfer.
Beginning  October  1,  1994,  a  taxpayer who has an average
quarterly estimated tax payment  obligation  of  $300,000  or
more  under  Article  8  of  this Act shall make all payments
required by rules  of  the  Department  by  electronic  funds
transfer.   Beginning  on October 1, 1995, a taxpayer who has
an average monthly tax liability of  $50,000  or  more  under
Article  7  of  this  Act shall make all payments required by
rules  of  the  Department  by  electronic  funds   transfer.
Beginning  October  1,  1995,  a  taxpayer who has an average
quarterly estimated tax payment  obligation  of  $150,000  or
more  under  Article  8  of  this Act shall make all payments
required by rules  of  the  Department  by  electronic  funds
transfer. Beginning on October 1, 2000, and for all liability
periods  thereafter, a taxpayer who has an average annual tax
liability of $200,000 or more under Article  7  of  this  Act
shall  make  all payments required by rules of the Department
by electronic funds transfer.  Beginning October 1,  2000,  a
taxpayer  who  has an average quarterly estimated tax payment
obligation of $50,000 or more under Article  8  of  this  Act
shall  make  all payments required by rules of the Department
by electronic funds transfer. Beginning on October 1, 2002, a
taxpayer who has a tax liability in the amount set  forth  in
subsection  (b)  of  Section  2505-210  of  the Department of
Revenue Law shall make all payments required by rules of  the
Department by electronic funds transfer.
    (b)  Any taxpayer who is not required to make payments by
electronic  funds  transfer  may  make payments by electronic
funds transfer with the permission of the Department.
    (c)  All  taxpayers  required   to   make   payments   by
electronic  funds  transfer  and  any  taxpayers  who wish to
voluntarily make payments by electronic funds transfer  shall
make   those   payments  in  the  manner  authorized  by  the
Department.
    (d)  The Department shall notify all  taxpayers  required
to   make   payments   by  electronic  funds  transfer.   All
taxpayers notified by the Department shall make  payments  by
electronic funds transfer for a minimum of one year beginning
on  October  1.   In  determining the threshold amounts under
subsection (a), the Department shall calculate  the  averages
as follows:
         (1)  the  total  liability  under  Article 7 for the
    preceding tax  year  (and,  prior  to  October  1,  2000,
    divided by 12); or
         (2)  for   purposes   of  estimated  payments  under
    Article 8, the total tax obligation of the  taxpayer  for
    the previous tax year divided by 4.
    (e)  The   Department  shall  adopt  such  rules  as  are
necessary  to  effectuate  a  program  of  electronic   funds
transfer and the requirements of this Section.
(Source: P.A. 91-541, eff. 8-13-99.)

    (35 ILCS 5/911.2 new)
    Sec.  911.2.   Refunds  withheld;  tax  claims  of  other
states.
    (a)  Definitions.   In  this  Section the following terms
have the meanings indicated.
    "Claimant state" means  any  state  or  the  District  of
Columbia  that  requests the withholding of a refund pursuant
to this Section and  that  extends  a  like  comity  for  the
collection of taxes owed to this State.
    "Income  tax"  means  any amount of income tax imposed on
taxpayers under the laws of the  State  of  Illinois  or  the
claimant  state, including additions to tax for penalties and
interest.
    "Refund" means a refund of overpaid income taxes  imposed
by the State of Illinois or the claimant state.
    "Tax  officer"  means  a unit or official of the claimant
state, or the duly authorized agent of that unit or official,
charged with the imposition,  assessment,  or  collection  of
state income taxes.
    "Taxpayer"  means  any  individual person identified by a
claimant state under this Section  as  owing  taxes  to  that
claimant  state, and in the case of a refund arising from the
filing of a joint return, the taxpayer's spouse.
    (b)  In general.  Except as provided in subsection (c) of
this Section, a tax officer may:
         (1)  certify to the  Director  the  existence  of  a
    taxpayer's delinquent income tax liability; and
         (2)  request  the Director to withhold any refund to
    which the taxpayer is entitled.
    (c)  Comity.  A tax officer may not  certify  or  request
the  Director  to  withhold  a  refund unless the laws of the
claimant state:
         (1)  allow the Director to  certify  an  income  tax
    liability;
         (2)  allow  the  Director to request the tax officer
    to withhold the taxpayer's tax refund; and
         (3)  provide for the payment of the  refund  to  the
    State of Illinois.
    (d)  Certification.   A certification by a tax officer to
the Director shall include:
         (1)  the full name and address of the  taxpayer  and
    any other names known to be used by the taxpayer;
         (2)  the  social  security  number  or  federal  tax
    identification number of the taxpayer;
         (3)  the amount of the income tax liability; and
         (4)  a   statement   that   all  administrative  and
    judicial remedies and appeals have been exhausted or have
    lapsed and that the  assessment  of  tax,  interest,  and
    penalty has become final.
    (e)  Notification.   As to any taxpayer due a refund, the
Director shall:
         (1)  notify the taxpayer that a claimant  state  has
    provided  certification of the existence of an income tax
    liability;
         (2)  inform  the  taxpayer  of  the  tax   liability
    certified,   including  a  detailed  statement  for  each
    taxable year showing tax, interest, and penalty;
         (3)  inform the taxpayer  that  failure  to  file  a
    protest in accordance with subsection (f) of this Section
    shall  constitute  a  waiver  of  any demand against this
    State for the amount certified and will result in payment
    to the claimant state as provided in  subsection  (i)  of
    this Section;
         (4)  provide   the   taxpayer   with  notice  of  an
    opportunity  to  request  a  hearing  to  challenge   the
    certification; and
         (5)  inform  the  taxpayer  that  the hearing may be
    requested (i)  pursuant to Section 910 of  this  Act,  or
    (ii) with the tax officer, in accordance with the laws of
    the claimant state.
    (f)  Protest  of withholding.  A taxpayer may protest the
withholding of a refund pursuant to Section 910 of  this  Act
(except  that the protest shall be filed within 30 days after
the date of the Director's notice of  certification  pursuant
to  subsection  (e)  of this Section).  If a taxpayer files a
timely protest, the Director shall:
         (1)  suspend the proposed  withholding  and  impound
    the claimed amount of the refund;
         (2)  pay to the taxpayer the unclaimed amount of the
    refund, if any;
         (3)  send  a  copy  of  the  protest to the claimant
    state for determination of the protest on its  merits  in
    accordance with the laws of that state; and
         (4)  pay  over  to the taxpayer the impounded amount
    if the claimant state shall fail, within  45  days  after
    the  date  of  the protest, to re-certify to the Director
    (i) that the  claimant  state  has  reviewed  the  issues
    raised  by  taxpayer,  (ii)  that  all administrative and
    judicial remedies provided under the laws of  that  state
    have  been  exhausted, and (iii) the amount of the income
    tax liability finally determined to be due.
    (g)  Certification  as  prima  facie  evidence.   If  the
taxpayer requests a hearing pursuant to Section 910  of  this
Act,  the  certification  of  the  tax officer shall be prima
facie  evidence  of  the  correctness   of   the   taxpayer's
delinquent income tax liability to the certifying state.
    (h)  Rights of spouses to refunds from joint returns.  If
a  certification  is  based  upon  the  tax  debt of only one
taxpayer and if the refund is based  upon  a  joint  personal
income  tax return, the nondebtor spouse shall have the right
to:
         (1)  notification, as provided in subsection (e)  of
    this Section;
         (2)  protest, as to the withholding of such spouse's
    share  of  the  refund,  as provided in subsection (f) of
    this Section; and
         (3)  payment of his or  her  share  of  the  refund,
    provided  the  amount  of the overpayment refunded to the
    spouse  shall  not  exceed  the  amount  of   the   joint
    overpayment.
    (i)  Withholding  and  payment of refund.  Subject to the
taxpayer's rights of notice and protest, upon  receipt  of  a
request  for withholding in accordance with subsection (b) of
this Section, the Director shall:
         (1)  withhold any refund that is  certified  by  the
    tax officer;
         (2)  pay  to the claimant state the entire refund or
    the amount certified, whichever is less;
         (3)  pay  any  refund  in  excess  of   the   amount
    certified to the taxpayer; and
         (4)  if  a refund is less than the amount certified,
    withhold  amounts  from  subsequent   refunds   due   the
    taxpayer,  if the laws of the claimant state provide that
    the claimant state shall withhold subsequent  refunds  of
    taxpayers certified to that state by the Director.
    (j)  Determination   that  withholding  cannot  be  made.
After receiving a  certification  from  a  tax  officer,  the
Director  shall  notify  the  claimant  state if the Director
determines that a withholding cannot be made.
    (k)  Director's authority.  The Director shall  have  the
authority  to  enter into agreements with the tax officers of
claimant state relating to:
         (1)  procedures and methods  to  be  employed  by  a
    claimant  state  with  respect  to  the operation of this
    Section;
         (2)  safeguards   against    the    disclosure    or
    inappropriate   use   of   any  information  obtained  or
    maintained pursuant  to  this  Section  that  identifies,
    directly or indirectly, a particular taxpayer;
         (3)  a  minimum  tax  debt,  amounts below which, in
    light of administrative expenses and  efficiency,  shall,
    in  the  Director's  discretion,  not  be  subject to the
    withholding procedures set forth in this Section.
    (l)  Remedy not  exclusive.   The  collection  procedures
prescribed  by  this  Section  are in addition to, and not in
substitution for, any other remedy available by law.

    Section 15.  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. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of  Revenue  Law  shall
make  all  payments  required  by  rules of the Department by
electronic funds transfer.
    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.
    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 20.  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. Beginning on October 1, 2002, a  taxpayer  who
has a tax liability in the amount set forth in subsection (b)
of  Section  2505-210  of the Department of Revenue Law shall
make all payments required by  rules  of  the  Department  by
electronic funds transfer.
    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.
    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 25.  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. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of  Revenue  Law  shall
make  all  payments  required  by  rules of the Department by
electronic funds transfer.
    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.
    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 30.  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. Beginning on October 1, 2002, a  taxpayer  who
has a tax liability in the amount set forth in subsection (b)
of  Section  2505-210  of the Department of Revenue Law shall
make all payments required by  rules  of  the  Department  by
electronic funds transfer.
    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.
    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 35.  The Electricity Excise Tax Law is amended by
changing Sections 2-9 and 2-11 as follows:

    (35 ILCS 640/2-9)
    Sec. 2-9.   Return  and  payment  of  tax  by  delivering
supplier.    Each  delivering  supplier  who  is  required or
authorized to collect the tax imposed by this Law shall  make
a  return to the Department on or before the 15th day of each
month for the preceding calendar month stating the following:
         (1)  The delivering supplier's name.
         (2)  The  address  of  the   delivering   supplier's
    principal  place  of  business  and  the  address  of the
    principal place of  business  (if  that  is  a  different
    address)  from  which  the delivering supplier engaged in
    the business of delivering electricity in this State.
         (3)  The total number of  kilowatt-hours  which  the
    supplier  delivered  to  or  for  purchasers  during  the
    preceding  calendar month and upon the basis of which the
    tax is imposed.
         (4)  Amount of tax, computed upon Item  (3)  at  the
    rates stated in Section 2-4.
         (5)  An  adjustment for uncollectible amounts of tax
    in respect  of  prior  period  kilowatt-hour  deliveries,
    determined  in  accordance  with  rules  and  regulations
    promulgated by the Department.
         (5.5)  The  amount  of credits to which the taxpayer
    is entitled on account of purchases  made  under  Section
    8-403.1 of the Public  Utilities Act.
         (6)  Such   other   information  as  the  Department
    reasonably may require.
    In making such return the delivering supplier may use any
reasonable method to derive reportable "kilowatt-hours"  from
the delivering supplier's records.
    If the average monthly tax liability to the Department of
the   delivering   supplier   does  not  exceed  $2,500,  the
Department may authorize the delivering supplier's 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 30 of such year; with the return  for  April,  May  and
June  of a given year being due by July 31 of such year; with
the return for July, August and September  of  a  given  year
being due by October 31 of such year; and with the return for
October,  November  and December of a given year being due by
January 31 of the following year.
    If the average monthly tax liability to the Department of
the  delivering  supplier  does  not   exceed   $1,000,   the
Department may authorize the delivering supplier's returns to
be filed on an annual basis, with the return for a given year
being due by January 31 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  Law
concerning the time within which a  delivering  supplier  may
file  a  return,  any  such delivering supplier who ceases to
engage  in  a  kind  of  business  which  makes  the   person
responsible  for  filing  returns under this Law shall file a
final return under this Law with the Department not more than
one month after discontinuing such business.
    Each delivering supplier whose average monthly  liability
to  the  Department under this Law was $10,000 or more during
the preceding calendar year, excluding the month  of  highest
liability  and the month of lowest liability in such calendar
year, and who is not operated by a unit of local  government,
shall  make estimated payments to the Department on or before
the 7th, 15th, 22nd and last day of the  month  during  which
tax  liability to the Department is incurred in an amount not
less than the  lower  of  either  22.5%  of  such  delivering
supplier's  actual tax liability for the month or 25% of such
delivering supplier's  actual  tax  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 such delivering supplier's return for that
month.  An outstanding credit approved by the Department or a
credit memorandum issued by the Department arising from  such
delivering  supplier's  overpayment  of  his or her final tax
liability for any month may be applied to reduce  the  amount
of any subsequent quarter-monthly payment or credited against
the  final tax liability of such delivering supplier's return
for any subsequent month.  If any quarter-monthly payment  is
not  paid  at  the  time  or  in  the amount required by this
Section, such delivering supplier shall be liable for penalty
and interest on the difference between the minimum amount due
as a payment and the amount  of  such  payment  actually  and
timely  paid,  except insofar as such delivering supplier has
previously made payments for that month to the Department  in
excess of the minimum payments previously due.
    If  the  Director finds that the information required for
the  making  of  an  accurate  return  cannot  reasonably  be
compiled by such delivering supplier within 15 days after the
close of the calendar month for which a return is to be made,
the Director may grant an extension of time for the filing of
such return for a period not to exceed 31 calendar days.  The
granting of such an extension may  be  conditioned  upon  the
deposit by such delivering supplier with the Department of an
amount  of  money  not  exceeding the amount estimated by the
Director to be due with the return  so  extended.   All  such
deposits shall be credited against such delivering supplier's
liabilities  under  this  Law.   If  the deposit exceeds such
delivering supplier's present and probable future liabilities
under this Law, the Department shall issue to such delivering
supplier a credit memorandum, which may be assigned  by  such
delivering  supplier  to  a similar person under this Law, in
accordance  with  reasonable  rules  and  regulations  to  be
prescribed by the Department.
    The delivering supplier making the return provided for in
this Section shall, at the time of making such return, pay to
the Department the amount of tax imposed by this Law.
    Until October 1, 2002, a delivering supplier who  has  an
average  monthly tax  liability of $10,000 or more shall make
all  payments    required  by  rules  of  the  Department  by
electronic funds  transfer.  The term  "average  monthly  tax
liability"  shall  be    the sum of the delivering supplier's
liabilities under this  Law  for  the  immediately  preceding
calendar year divided by  12. Beginning on October 1, 2002, a
taxpayer  who  has a tax liability in the amount set forth in
subsection (b) of  Section  2505-210  of  the  Department  of
Revenue  Law shall make all payments required by rules of the
Department  by  electronic  funds  transfer.  Any  delivering
supplier not required to make payments  by  electronic  funds
transfer may make payments by electronic  funds transfer with
the  permission of the Department.  All  delivering suppliers
required to make payments by electronic  funds  transfer  and
any  delivering  suppliers  authorized  to   voluntarily make
payments by electronic  funds  transfer  shall    make  those
payments in the manner authorized by the  Department.
    Each  month  the  Department  shall  pay  into the Public
Utility Fund in the State treasury an  amount  determined  by
the Director to be equal to 3.0% of the funds received by the
Department  pursuant  to  this Section.  The remainder of all
moneys received by the Department under this Section shall be
paid into the General Revenue Fund in the State treasury.
(Source: P.A. 90-561, eff. 8-1-98; 90-813, eff. 1-29-99.)

    (35 ILCS 640/2-11)
    Sec. 2-11.  Direct return and payment  by  self-assessing
purchaser.   When  electricity  is  used  or  consumed  by  a
self-assessing  purchaser  subject to the tax imposed by this
Law who  did  not  pay  the  tax  to  a  delivering  supplier
maintaining  a  place  of  business  within  this  State  and
required   or   authorized   to   collect   the   tax,   that
self-assessing  purchaser shall, on or before the 15th day of
each month, make a return to the Department for the preceding
calendar month, stating all of the following:
         (1)  The   self-assessing   purchaser's   name   and
    principal address.
         (2)  The  aggregate  purchase  price  paid  by   the
    self-assessing  purchaser  for  the distribution, supply,
    furnishing,  sale,  transmission  and  delivery  of  such
    electricity to or for the purchaser during the  preceding
    calendar   month,   including   budget   plan  and  other
    purchaser-owned amounts  applied  during  such  month  in
    payment  of charges includible in the purchase price, and
    upon the basis of which the tax is imposed.
         (3)  Amount of tax, computed upon item  (2)  at  the
    rate stated in Section 2-4.
         (4)  Such   other   information  as  the  Department
    reasonably may require.
    In making such return the  self-assessing  purchaser  may
use  any  reasonable  method  to  derive reportable "purchase
price" from the self-assessing purchaser's  records.
    If   the   average   monthly   tax   liability   of   the
self-assessing purchaser to the Department  does  not  exceed
$2,500,  the  Department  may  authorize  the  self-assessing
purchaser's  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 30 of such year; with the return for
April, May and June of a given year being due by July  31  of
such year; with the return for July, August, and September of
a  given  year being due by October 31 of such year; and with
the return for October, November and December of a given year
being due by January 31 of the following year.
    If   the   average   monthly   tax   liability   of   the
self-assessing purchaser to the Department  does  not  exceed
$1,000,  the  Department  may  authorize  the  self-assessing
purchaser's  returns to be filed on an annual basis, with the
return for a given year  being  due  by  January  31  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  Law
concerning the time within which a  self-assessing  purchaser
may  file  a  return,  any  such self-assessing purchaser who
ceases to be responsible for filing returns  under  this  Law
shall  file a final return under this Law with the Department
not more than one month thereafter.
    Each  self-assessing  purchaser  whose  average   monthly
liability  to  the  Department  pursuant  to this Section was
$10,000 or more during the preceding calendar year, excluding
the month of  highest  liability  and  the  month  of  lowest
liability  during  such  calendar  year,  and  which  is  not
operated  by a unit of local government, shall make estimated
payments to the Department on or before the 7th,  15th,  22nd
and  last  day of the month during which tax liability to the
Department is incurred in an amount not less than  the  lower
of either 22.5% of such self-assessing purchaser's actual tax
liability  for  the  month  or  25%  of  such  self-assessing
purchaser's  actual tax 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  self-assessing  purchaser's  return  for that month.  An
outstanding credit approved by the  Department  or  a  credit
memorandum   issued   by  the  Department  arising  from  the
self-assessing purchaser's overpayment of the  self-assessing
purchaser's  final tax liability for any month may be applied
to  reduce  the  amount  of  any  subsequent  quarter-monthly
payment or credited against the final tax liability  of  such
self-assessing  purchaser's  return for any subsequent month.
If any quarter-monthly payment is not paid at the time or  in
the  amount  required  by  this Section, such person shall be
liable for penalty and interest on the difference between the
minimum amount due as  a  payment  and  the  amount  of  such
payment  actually  and  timely  paid,  except insofar as such
person has previously made payments for  that  month  to  the
Department in excess of the minimum payments previously due.
    If  the  Director finds that the information required for
the  making  of  an  accurate  return  cannot  reasonably  be
compiled by a self-assessing purchaser within 15  days  after
the  close  of the calendar month for which a return is to be
made, the Director may grant an extension  of  time  for  the
filing  of  such  return  for  a  period  of not to exceed 31
calendar days.  The granting of  such  an  extension  may  be
conditioned upon the deposit by such self-assessing purchaser
with  the  Department of an amount of money not exceeding the
amount estimated by the Director to be due with the return so
extended.  All such deposits shall be credited  against  such
self-assessing  purchaser's  liabilities  under this Law.  If
the deposit exceeds such self-assessing  purchaser's  present
and   probable   future   liabilities  under  this  Law,  the
Department shall issue to  such  self-assessing  purchaser  a
credit   memorandum,   which   may   be   assigned   by  such
self-assessing purchaser to a similar person under this  Law,
in  accordance  with  reasonable  rules and regulations to be
prescribed by the Department.
    The self-assessing purchaser making the  return  provided
for in this Section shall, at the time of making such return,
pay to the Department the amount of tax imposed by this Law.
    Until October 1, 2002, a self-assessing purchaser who has
an  average  monthly  tax  liability of $10,000 or more shall
make all payments  required by rules  of  the  Department  by
electronic  funds    transfer.  The term "average monthly tax
liability"  shall  be    the  sum   of   the   self-assessing
purchaser's  liabilities  under  this Law for the immediately
preceding calendar year divided  by 12. Beginning on  October
1, 2002, a taxpayer who has a tax liability in the amount set
forth in subsection (b) of Section 2505-210 of the Department
of  Revenue  Law shall make all payments required by rules of
the   Department   by   electronic   funds   transfer.    Any
self-assessing  purchaser  not  required to make  payments by
electronic funds transfer may make payments  by    electronic
funds  transfer  with the permission of the  Department.  All
self-assessing purchasers  required  to  make    payments  by
electronic  funds transfer and any self-assessing  purchasers
authorized to voluntarily make payments by  electronic  funds
transfer  shall make those payments in the  manner authorized
by the Department.
    Each month the  Department  shall  pay  into  the  Public
Utility  Fund  in  the State treasury an amount determined by
the Director to be equal to 3.0% of the funds received by the
Department pursuant to this Section.  The  remainder  of  all
moneys received by the Department under this Section shall be
paid into the General Revenue Fund in the State treasury.
(Source: P.A. 90-561, eff. 8-1-98; 91-357, eff. 7-29-99.)

    Section  40.   The  Counties  Code is amended by changing
Sections 3-5018, 3-9005, and 4-12002 as follows:
    (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
    (Text of Section before amendment by P.A. 91-893)
    Sec. 3-5018.  Fees.  The recorder elected as provided for
in this Division shall receive such fees as  are  or  may  be
provided  for  him  by  law,  in  case of provision therefor:
otherwise he shall receive the same fees as  are  or  may  be
provided  in  this  Section,  except when increased by county
ordinance pursuant to the provisions of this Section,  to  be
paid  to  the  county clerk for his services in the office of
recorder for like services.  No filing fee shall  be  charged
for providing informational copies of financing statements to
the  recorder  pursuant to subsection (8) of Section 9-403 of
the Uniform Commercial Code.
    For recording deeds or  other  instruments  $12  for  the
first  4  pages  thereof,  plus  $1  for each additional page
thereof, plus $1 for each additional document number  therein
noted.   The  aggregate  minimum  fee  for  recording any one
instrument shall not be less than $12.
    For recording deeds  or  other  instruments  wherein  the
premises  affected thereby are referred to by document number
and not by legal description a fee of $1 in addition to  that
hereinabove  referred  to  for  each  document number therein
noted.
    For recording assignments of mortgages, leases  or  liens
$12  for  the  first  4  pages  thereof,  plus  $1  for  each
additional  page  thereof.   However,  except  for leases and
liens pertaining to oil, gas and other minerals,  whenever  a
mortgage,  lease  or  lien  assignment  assigns more than one
mortgage, lease or lien document, a $7 fee shall  be  charged
for  the  recording  of  each  such  mortgage,  lease or lien
document after the first one.
    For recording maps or plats of additions or  subdivisions
approved   by  the  county  or  municipality  (including  the
spreading of the same of record in map case or  other  proper
books)  or plats of condominiums $50 for the first page, plus
$1 for each additional page thereof except that in  the  case
of  recording  a  single page, legal size 8 1/2 x 14, plat of
survey in which there are no more than two lots or parcels of
land, the fee shall be $12.  In each county where  such  maps
or  plats  are  to  be recorded, the recorder may require the
same to be accompanied by such  number  of  exact,  true  and
legible  copies  thereof  as the recorder deems necessary for
the efficient conduct and operation of his office.
    For certified copies of records  the  same  fees  as  for
recording,  but in no case shall the fee for a certified copy
of a map or plat of an  addition,  subdivision  or  otherwise
exceed $10.
    Each certificate of such recorder of the recording of the
deed  or  other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of  the
recording   thereof,   and  such  certificate  including  the
indexing of record, shall be furnished upon  the  payment  of
the  fee  for recording the instrument, and no additional fee
shall be allowed for the certificate or indexing.
    The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for  recording  a
document  (other  than a document filed under the Plat Act or
the Uniform Commercial Code) that does  not  conform  to  the
following standards:
         (1)  The  document  shall  consist  of  one  or more
    individual sheets measuring 8.5 inches by 11 inches,  not
    permanently  bound  and  not  a continuous form.  Graphic
    displays accompanying a  document  to  be  recorded  that
    measure  up  to  11 inches by 17 inches shall be recorded
    without charging an additional fee.
         (2)  The document shall be legibly printed in  black
    ink,  by  hand,  type, or computer.  Signatures and dates
    may be in  contrasting  colors  if  they  will  reproduce
    clearly.
         (3)  The  document  shall  be  on white paper of not
    less than 20-pound weight and shall have a  clean  margin
    of  at  least  one-half  inch on the top, the bottom, and
    each  side.   Margins  may  be  used  for   non-essential
    notations  that  will  not  affect  the  validity  of the
    document, including but not limited to form numbers, page
    numbers, and customer notations.
         (4)  The first page of the document shall contain  a
    blank  space,  measuring  at  least 3 inches by 5 inches,
    from the upper right corner.
         (5)  The document  shall  not  have  any  attachment
    stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not
be  recorded  except  upon  payment  of  the  additional  fee
required under this paragraph.  This paragraph, as amended by
this  amendatory Act of 1995, applies only to documents dated
after the effective date of this amendatory Act of 1995.
    The county  board  of  any  county  may  provide  for  an
additional  charge  of $3 for filing every instrument, paper,
or notice  for  record,  in  order  to  defray  the  cost  of
converting  the  county recorder's document storage system to
computers or micrographics.
    A special fund shall be set up by the  treasurer  of  the
county  and  such  funds  collected  pursuant  to  Public Act
83-1321 shall be used solely for a document storage system to
provide  the  equipment,  materials  and  necessary  expenses
incurred  to  help  defray  the  costs  of  implementing  and
maintaining such a document records system.
    The  county  board  of  any  county  that  provides   and
maintains  a  countywide map through a Geographic Information
System (GIS) may provide for an additional charge of  $3  for
filing every instrument, paper, or notice for record in order
to  defray  the  cost  of  implementing  or  maintaining  the
county's  Geographic  Information System.  Of that amount, $2
must be deposited into a special fund set up by the treasurer
of the county, and any  moneys  collected  pursuant  to  this
amendatory  Act  of  the  91st General Assembly and deposited
into that  fund  must  be  used  solely  for  the  equipment,
materials,  and  necessary  expenses incurred in implementing
and  maintaining  a  Geographic  Information  System.     The
remaining  $1  must  be deposited into the recorder's special
funds created under Section 3-5005.4.  The recorder  may,  in
his  or her discretion, use moneys in the funds created under
Section 3-5005.4  to  defray  the  cost  of  implementing  or
maintaining the county's Geographic Information System.
    The  foregoing  fees  allowed  by  this  Section  are the
maximum fees that may be collected from any officer,  agency,
department or other instrumentality of the State.  The county
board  may,  however, by ordinance, increase the fees allowed
by this Section and collect  such  increased  fees  from  all
persons   and   entities   other   than  officers,  agencies,
departments and other instrumentalities of the State  if  the
increase  is  justified  by  an acceptable cost study showing
that the fees allowed by this Section are not  sufficient  to
cover  the  cost  of providing the service. Regardless of any
other provision in this Section, the maximum fee that may  be
collected  from  the  Department  of  Revenue  for  filing or
indexing   a   lien,   certificate   of   lien   release   or
subordination,  or  any  other  type  of  notice   or   other
documentation   affecting   or   concerning  a  lien  is  $5.
Regardless of  any  other  provision  in  this  Section,  the
maximum  fee  that  may  be  collected from the Department of
Revenue for indexing each additional name in  excess  of  one
for  any  lien, certificate of lien release or subordination,
or any other type of notice or other documentation  affecting
or concerning a lien is $1.
    A  statement  of  the  costs  of  providing each service,
program and activity shall be prepared by the  county  board.
All  supporting  documents shall be public record and subject
to public examination and audit.   All  direct  and  indirect
costs,  as  defined in the United States Office of Management
and  Budget  Circular  A-87,   may   be   included   in   the
determination  of  the  costs  of  each  service, program and
activity.
(Source: P.A.  90-300,  eff.  1-1-98;  91-791,  eff.  6-9-00;
91-886, eff. 1-1-01.)

    (Text of Section after amendment by P.A. 91-893)
    Sec. 3-5018.  Fees.  The recorder elected as provided for
in this Division shall receive such fees as  are  or  may  be
provided  for  him  by  law,  in  case of provision therefor:
otherwise he shall receive the same fees as  are  or  may  be
provided  in  this  Section,  except when increased by county
ordinance pursuant to the provisions of this Section,  to  be
paid  to  the  county clerk for his services in the office of
recorder for like services.
    For recording deeds or  other  instruments  $12  for  the
first  4  pages  thereof,  plus  $1  for each additional page
thereof, plus $1 for each additional document number  therein
noted.   The  aggregate  minimum  fee  for  recording any one
instrument shall not be less than $12.
    For recording deeds  or  other  instruments  wherein  the
premises  affected thereby are referred to by document number
and not by legal description a fee of $1 in addition to  that
hereinabove  referred  to  for  each  document number therein
noted.
    For recording assignments of mortgages, leases  or  liens
$12  for  the  first  4  pages  thereof,  plus  $1  for  each
additional  page  thereof.   However,  except  for leases and
liens pertaining to oil, gas and other minerals,  whenever  a
mortgage,  lease  or  lien  assignment  assigns more than one
mortgage, lease or lien document, a $7 fee shall  be  charged
for  the  recording  of  each  such  mortgage,  lease or lien
document after the first one.
    For recording maps or plats of additions or  subdivisions
approved   by  the  county  or  municipality  (including  the
spreading of the same of record in map case or  other  proper
books)  or plats of condominiums $50 for the first page, plus
$1 for each additional page thereof except that in  the  case
of  recording  a  single page, legal size 8 1/2 x 14, plat of
survey in which there are no more than two lots or parcels of
land, the fee shall be $12.  In each county where  such  maps
or  plats  are  to  be recorded, the recorder may require the
same to be accompanied by such  number  of  exact,  true  and
legible  copies  thereof  as the recorder deems necessary for
the efficient conduct and operation of his office.
    For certified copies of records  the  same  fees  as  for
recording,  but in no case shall the fee for a certified copy
of a map or plat of an  addition,  subdivision  or  otherwise
exceed $10.
    Each certificate of such recorder of the recording of the
deed  or  other writing and of the date of recording the same
signed by such recorder, shall be sufficient evidence of  the
recording   thereof,   and  such  certificate  including  the
indexing of record, shall be furnished upon  the  payment  of
the  fee  for recording the instrument, and no additional fee
shall be allowed for the certificate or indexing.
    The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for  recording  a
document  (other  than a document filed under the Plat Act or
the Uniform Commercial Code) that does  not  conform  to  the
following standards:
         (1)  The  document  shall  consist  of  one  or more
    individual sheets measuring 8.5 inches by 11 inches,  not
    permanently  bound  and  not  a continuous form.  Graphic
    displays accompanying a  document  to  be  recorded  that
    measure  up  to  11 inches by 17 inches shall be recorded
    without charging an additional fee.
         (2)  The document shall be legibly printed in  black
    ink,  by  hand,  type, or computer.  Signatures and dates
    may be in  contrasting  colors  if  they  will  reproduce
    clearly.
         (3)  The  document  shall  be  on white paper of not
    less than 20-pound weight and shall have a  clean  margin
    of  at  least  one-half  inch on the top, the bottom, and
    each  side.   Margins  may  be  used  for   non-essential
    notations  that  will  not  affect  the  validity  of the
    document, including but not limited to form numbers, page
    numbers, and customer notations.
         (4)  The first page of the document shall contain  a
    blank  space,  measuring  at  least 3 inches by 5 inches,
    from the upper right corner.
         (5)  The document  shall  not  have  any  attachment
    stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not
be  recorded  except  upon  payment  of  the  additional  fee
required under this paragraph.  This paragraph, as amended by
this  amendatory Act of 1995, applies only to documents dated
after the effective date of this amendatory Act of 1995.
    The county  board  of  any  county  may  provide  for  an
additional  charge  of $3 for filing every instrument, paper,
or notice  for  record,  in  order  to  defray  the  cost  of
converting  the  county recorder's document storage system to
computers or micrographics.
    A special fund shall be set up by the  treasurer  of  the
county  and  such  funds  collected  pursuant  to  Public Act
83-1321 shall be used solely for a document storage system to
provide  the  equipment,  materials  and  necessary  expenses
incurred  to  help  defray  the  costs  of  implementing  and
maintaining such a document records system.
    The  county  board  of  any  county  that  provides   and
maintains  a  countywide map through a Geographic Information
System (GIS) may provide for an additional charge of  $3  for
filing every instrument, paper, or notice for record in order
to  defray  the  cost  of  implementing  or  maintaining  the
county's  Geographic  Information System.  Of that amount, $2
must be deposited into a special fund set up by the treasurer
of the county, and any  moneys  collected  pursuant  to  this
amendatory  Act  of  the  91st General Assembly and deposited
into that  fund  must  be  used  solely  for  the  equipment,
materials,  and  necessary  expenses incurred in implementing
and  maintaining  a  Geographic  Information  System.     The
remaining  $1  must  be deposited into the recorder's special
funds created under Section 3-5005.4.  The recorder  may,  in
his  or her discretion, use moneys in the funds created under
Section 3-5005.4  to  defray  the  cost  of  implementing  or
maintaining the county's Geographic Information System.
    The  foregoing  fees  allowed  by  this  Section  are the
maximum fees that may be collected from any officer,  agency,
department or other instrumentality of the State.  The county
board  may,  however, by ordinance, increase the fees allowed
by this Section and collect  such  increased  fees  from  all
persons   and   entities   other   than  officers,  agencies,
departments and other instrumentalities of the State  if  the
increase  is  justified  by  an acceptable cost study showing
that the fees allowed by this Section are not  sufficient  to
cover  the  cost  of providing the service. Regardless of any
other provision in this Section, the maximum fee that may  be
collected  from  the  Department  of  Revenue  for  filing or
indexing   a   lien,   certificate   of   lien   release   or
subordination,  or  any  other  type  of  notice   or   other
documentation   affecting   or   concerning  a  lien  is  $5.
Regardless of  any  other  provision  in  this  Section,  the
maximum  fee  that  may  be  collected from the Department of
Revenue for indexing each additional name in  excess  of  one
for  any  lien, certificate of lien release or subordination,
or any other type of notice or other documentation  affecting
or concerning a lien is $1.
    A  statement  of  the  costs  of  providing each service,
program and activity shall be prepared by the  county  board.
All  supporting  documents shall be public record and subject
to public examination and audit.   All  direct  and  indirect
costs,  as  defined in the United States Office of Management
and  Budget  Circular  A-87,   may   be   included   in   the
determination  of  the  costs  of  each  service, program and
activity.
(Source: P.A.  90-300,  eff.  1-1-98;  91-791,  eff.  6-9-00;
91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.)

    (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
    Sec. 3-9005.  Powers and duties of State's attorney.
    (a)  The duty of each State's attorney shall be:
         (1)  To commence and prosecute all  actions,  suits,
    indictments  and prosecutions, civil and criminal, in the
    circuit court for his county, in which the people of  the
    State or county may be concerned.
         (2)  To    prosecute   all   forfeited   bonds   and
    recognizances, and all actions and  proceedings  for  the
    recovery of debts, revenues, moneys, fines, penalties and
    forfeitures  accruing  to  the State or his county, or to
    any school district or road district in his county; also,
    to prosecute all suits in his county against railroad  or
    transportation  companies, which may be prosecuted in the
    name of the People of the State of Illinois.
         (3)  To  commence  and  prosecute  all  actions  and
    proceedings brought by any county officer in his official
    capacity.
         (4)  To defend all actions and  proceedings  brought
    against  his  county,  or  against  any  county  or State
    officer, in his official capacity, within his county.
         (5)  To  attend  the  examination  of  all   persons
    brought  before  any  judge  on  habeas  corpus, when the
    prosecution is in his county.
         (6)  To attend before judges and  prosecute  charges
    of  felony  or  misdemeanor,  for  which  the offender is
    required to be recognized to appear  before  the  circuit
    court, when in his power so to do.
         (7)  To  give his opinion, without fee or reward, to
    any county officer in his county, upon  any  question  or
    law  relating  to  any criminal or other matter, in which
    the people or the county may be concerned.
         (8)  To assist the attorney general whenever it  may
    be  necessary,  and in cases of appeal from his county to
    the Supreme Court,  to  which  it  is  the  duty  of  the
    attorney general to attend, he shall furnish the attorney
    general  at least 10 days before such is due to be filed,
    a manuscript of a proposed statement, brief and  argument
    to be printed and filed on behalf of the people, prepared
    in  accordance  with  the  rules  of  the  Supreme Court.
    However, if such brief, argument or other document is due
    to be filed by law or order of court within this  10  day
    period,  then  the State's attorney shall furnish such as
    soon as may be reasonable.
         (9)  To pay all moneys received  by  him  in  trust,
    without  delay,  to the officer who by law is entitled to
    the custody thereof.
         (10)  To notify, by first  class  mail,  complaining
    witnesses  of  the  ultimate  disposition  of  the  cases
    arising from an indictment or an information.
         (11)  To  perform  such  other and further duties as
    may, from time to time, be enjoined on him by law.
         (12)  To appear in all proceedings by collectors  of
    taxes  against delinquent taxpayers for judgments to sell
    real estate, and see that all the  necessary  preliminary
    steps  have been legally taken to make the judgment legal
    and binding.
    (b)  The State's  Attorney  of  each  county  shall  have
authority  to  appoint  one  or more special investigators to
serve  subpoenas,  make  return  of   process   and   conduct
investigations  which  assist  the  State's  Attorney  in the
performance of his duties.  A special investigator shall  not
carry firearms except with permission of the State's Attorney
and only while carrying appropriate identification indicating
his employment and in the performance of his assigned duties.
    Subject   to   the   qualifications  set  forth  in  this
subsection, special investigators shall be peace officers and
shall have all the powers possessed  by  investigators  under
the State's Attorneys Appellate Prosecutor's Act.
    No  special investigator employed by the State's Attorney
shall have peace officer status  or  exercise  police  powers
unless  he  or  she  successfully  completes the basic police
training course mandated and approved  by  the  Illinois  Law
Enforcement Training Standards Board or such board waives the
training  requirement by reason of the special investigator's
prior law enforcement experience or  training  or  both.  Any
State's  Attorney  appointing  a  special  investigator shall
consult with all  affected  local  police  agencies,  to  the
extent  consistent  with  the public interest, if the special
investigator  is  assigned  to  areas  within  that  agency's
jurisdiction.
    Before a person is appointed as a  special  investigator,
his  fingerprints  shall  be  taken  and  transmitted  to the
Department of State Police.  The Department shall examine its
records and submit to the State's Attorney of the  county  in
which  the  investigator  seeks  appointment  any  conviction
information   concerning   the   person   on  file  with  the
Department.  No  person  shall  be  appointed  as  a  special
investigator if he has been convicted of a  felony  or  other
offense  involving  moral  turpitude.  A special investigator
shall be paid a salary and be reimbursed for actual  expenses
incurred in performing his assigned duties.  The county board
shall  approve the salary and actual expenses and appropriate
the salary and expenses in the manner prescribed  by  law  or
ordinance.
    (c)  The  State's  Attorney  may request and receive from
employers, labor unions,  telephone  companies,  and  utility
companies  location  information  concerning putative fathers
and noncustodial parents for the purpose  of  establishing  a
child's  paternity or establishing, enforcing, or modifying a
child support  obligation.   In  this  subsection,  "location
information"   means   information  about  (i)  the  physical
whereabouts of a putative father or noncustodial parent, (ii)
the putative father or  noncustodial  parent's  employer,  or
(iii)  the salary, wages, and other compensation paid and the
health insurance coverage provided to the putative father  or
noncustodial parent by the employer of the putative father or
noncustodial parent or by a labor union of which the putative
father or noncustodial parent is a member.
    (d)  For  each State fiscal year, the State's Attorney of
Cook County shall appear  before  the  General  Assembly  and
request appropriations to be made from the Capital Litigation
Trust  Fund  to  the  State  Treasurer  for  the  purpose  of
providing  assistance  in the prosecution of capital cases in
Cook County.  The State's  Attorney  may  appear  before  the
General  Assembly  at  other  times during the State's fiscal
year to request supplemental appropriations  from  the  Trust
Fund to the State Treasurer.
    (e)  The  State's  Attorney  shall  have the authority to
enter into a written agreement with the Department of Revenue
for pursuit of civil liability under  Section  17-1a  of  the
Criminal  Code of 1961 against persons who have issued to the
Department  checks  or  other  orders  in  violation  of  the
provisions of paragraph (d) of subsection (B) of Section 17-1
of the Criminal Code of 1961, with the Department  to  retain
the  amount  owing  upon  the dishonored check or order along
with the dishonored  check  fee  imposed  under  the  Uniform
Penalty  and Interest Act, with the balance of damages, fees,
and costs collected under Section 17-1a of the Criminal  Code
of  1961  to  be  retained  by  the  State's  Attorney.   The
agreement  shall not affect the allocation of fines and costs
imposed in any criminal prosecution.
(Source: P.A. 91-589, eff. 1-1-00.)

    (55 ILCS 5/4-12002) (from Ch. 34, par. 4-12002)
    Sec. 4-12002. Fees of recorder in third  class  counties.
The  fees  of the recorder in counties of the third class for
recording deeds or other instruments in writing and  maps  of
plats  of  additions,  subdivisions  or  otherwise,  and  for
certifying  copies  of  records, shall be paid in advance and
shall be as follows:
    For recording deeds or  other  instruments  $20  for  the
first  2  pages  thereof,  plus  $2  for each additional page
thereof.  The aggregate minimum fee  for  recording  any  one
instrument shall not be less than $20.
    For  recording  deeds  or  other  instruments wherein the
premises affected thereby are referred to by document  number
and  not by legal description the recorder shall charge a fee
of $4 in addition to that hereinabove referred  to  for  each
document number therein noted.
    For  recording  deeds  or  other instruments wherein more
than  one  tract,  parcel  or  lot  is  described  and   such
additional  tract,  or tracts, parcel or parcels, lot or lots
is or are described therein  as  falling  in  a  separate  or
different  addition  or subdivision the recorder shall charge
as an additional fee, to that herein provided, the sum of  $2
for  each  additional  addition or subdivision referred to in
such deed or instrument.
    For recording maps or plats of additions, subdivisions or
otherwise (including the spreading of the same of  record  in
well  bound books) $100 plus $2 for each tract, parcel or lot
contained therein.
    For certified copies of records  the  same  fees  as  for
recording,  but in no case shall the fee for a certified copy
of a map or plat of an  addition,  subdivision  or  otherwise
exceed $200.
    For  filing  of  each  release of any chattel mortgage or
trust deed which has been filed  but  not  recorded  and  for
indexing  the  same  in  the book to be kept for that purpose
$10.
    For processing the sworn or affirmed  statement  required
for filing a deed or assignment of a beneficial interest in a
land  trust  in  accordance with Section 3-5020 of this Code,
$2.
    The recorder shall charge an additional fee, in an amount
equal to the fee otherwise provided by law, for  recording  a
document  (other  than a document filed under the Plat Act or
the Uniform Commercial Code) that does not conform  to    the
following standards:
         (1)  The  document  shall  consist  of  one  or more
    individual sheets measuring 8.5 inches by 11 inches,  not
    permanently  bound  and  not  a continuous form.  Graphic
    displays accompanying a  document  to  be  recorded  that
    measure  up  to  11 inches by 17 inches shall be recorded
    without charging an additional fee.
         (2)  The document shall be legibly printed in  black
    ink,  by  hand,  type, or computer.  Signatures and dates
    may be in  contrasting  colors  if  they  will  reproduce
    clearly.
         (3)  The  document  shall  be  on white paper of not
    less than 20-pound weight and shall have a  clean  margin
    of  at  least  one-half  inch on the top, the bottom, and
    each side.  Margins may be used  only  for  non-essential
    notations  that  will  not  affect  the  validity  of the
    document, including but not limited to form numbers, page
    numbers, and customer notations.
         (4)  The first page of the document shall contain  a
    blank  space,  measuring  at  least 3 inches by 5 inches,
    from the upper right corner.
         (5)  The document  shall  not  have  any  attachment
    stapled or otherwise affixed to any page.
A document that does not conform to these standards shall not
be  recorded  except  upon  payment  of  the  additional  fee
required under this paragraph.  This paragraph, as amended by
this  amendatory Act of 1995, applies only to documents dated
after the effective date of this amendatory Act of 1995.
    The fee requirements of this Section apply  to  units  of
local government and school districts.
    Regardless  of  any  other provision in this Section, the
maximum fee that may be  collected  from  the  Department  of
Revenue  for  filing  or indexing a lien, certificate of lien
release or subordination, or any  other  type  of  notice  or
other  documentation  affecting  or  concerning a lien is $5.
Regardless of  any  other  provision  in  this  Section,  the
maximum  fee  that  may  be  collected from the Department of
Revenue for indexing each additional name in  excess  of  one
for  any  lien, certificate of lien release or subordination,
or any other type of notice or other documentation  affecting
or concerning a lien is $1.
(Source: P.A. 88-691, eff. 1-24-95; 89-160, eff. 7-19-95.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2002.
                            INDEX
           Statutes amended in order of appearance
20 ILCS 2505/2505-210     was 20 ILCS 2505/39c-1
20 ILCS 2505/2505-400     was 20 ILCS 2505/39b49
35 ILCS 5/601.1           Ch. 120, par. 6-601.1
35 ILCS 105/9             from Ch. 120, par. 439.9
35 ILCS 110/9             from Ch. 120, par. 439.39
35 ILCS 115/9             from Ch. 120, par. 439.109
35 ILCS 120/3             from Ch. 120, par. 442
35 ILCS 640/2-9
35 ILCS 640/2-11
55 ILCS 5/3-5018          from Ch. 34, par. 3-5018
55 ILCS 5/3-9005          from Ch. 34, par. 3-9005
55 ILCS 5/4-12002         from Ch. 34, par. 4-12002
    Passed in the General Assembly May 31, 2001.
    Approved August 23, 2001.
    Effective January 01, 2002.

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