Illinois Compiled Statutes 35 ILCS 165 Governmental Tax Reform Validation Act. Section 100

    (35 ILCS 165/100)

    Sec. 100. Section 1 of Article 1 of Public Act 85-1135 (which is incorrectly shown as Section 12 in the Laws of Illinois) is re-enacted as follows:

 

    (P.A. 85-1135, Art. I, Sec. 1)

    Sec. 1. It is the intent of the 85th General Assembly that:

    (a) the abolition of the authority of municipalities and counties to impose occupation and use taxes, and the corresponding concurrent increase of the state rate of such taxes with a corresponding distribution to such municipalities and counties pursuant to this amendatory Act of 1988, shall remain in full force and effect on a permanent basis;

    (b) there shall be no reduction or redistribution as to proportional amount of such corresponding distribution received by such municipalities and counties except as expressly provided in this amendatory Act of 1988;

    (c) there shall be no reduction of the rate or base of such taxes except as expressly provided in this amendatory Act of 1988;

    (d) there shall be no limitation on the use of monies received by such municipalities and counties except as expressly provided in this amendatory Act of 1988;

    (e) the distribution of occupation tax revenues to municipalities and counties shall remain on the basis of point of sale;

    (f) tax revenues collected pursuant to the State use tax Acts on interstate transactions involving transfer of tangible personal property shall be distributed in accordance with the formula established by this amendatory Act of 1988 for State use taxes; and

    (g) repeal of the statutory authority of municipalities and counties to impose local retailers' occupation taxes, use taxes, and service occupation taxes shall not be so construed as to impair the provisions of any development, redevelopment, annexation, preannexation or other lawful agreement which describes or refers to receipts from any of such taxes, but, rather, any such description or reference to such taxes shall be given effect as if reference were made in such agreement to the replacement revenue for such abolished taxes received from the Local Government Tax Fund, County and Mass Transit Tax Fund or Local Government Distributive Fund, as the case may be.

(Source: P.A. 91-51, eff. 6-30-99.)

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Last modified: February 18, 2015