Bill Text: IL HB3572 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the exemption for the use or sale of tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and used or consumed solely outside this State sunsets on June 30, 2022 (currently, June 30, 2016). Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3572 Detail]

Download: Illinois-2019-HB3572-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3572

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:
35 ILCS 105/3-55 from Ch. 120, par. 439.3-55
35 ILCS 110/3-45 from Ch. 120, par. 439.33-45
35 ILCS 115/3-5
35 ILCS 120/2-5

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that the exemption for the use or sale of tangible personal property purchased from an Illinois retailer by a taxpayer engaged in centralized purchasing activities in Illinois who will temporarily store the property in Illinois (i) for the purpose of subsequently transporting it outside this State for use or consumption solely outside this State or (ii) for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside this State and used or consumed solely outside this State sunsets on June 30, 2022 (currently, June 30, 2016). Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Use Tax Act is amended by changing Section
53-55 as follows:
6 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55)
7 Sec. 3-55. Multistate exemption. To prevent actual or
8likely multistate taxation, the tax imposed by this Act does
9not apply to the use of tangible personal property in this
10State under the following circumstances:
11 (a) The use, in this State, of tangible personal property
12acquired outside this State by a nonresident individual and
13brought into this State by the individual for his or her own
14use while temporarily within this State or while passing
15through this State.
16 (b) (Blank).
17 (c) The use, in this State, by owners, lessors, or shippers
18of tangible personal property that is utilized by interstate
19carriers for hire for use as rolling stock moving in interstate
20commerce as long as so used by the interstate carriers for
21hire, and equipment operated by a telecommunications provider,
22licensed as a common carrier by the Federal Communications
23Commission, which is permanently installed in or affixed to

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1aircraft moving in interstate commerce.
2 (d) The use, in this State, of tangible personal property
3that is acquired outside this State and caused to be brought
4into this State by a person who has already paid a tax in
5another State in respect to the sale, purchase, or use of that
6property, to the extent of the amount of the tax properly due
7and paid in the other State.
8 (e) The temporary storage, in this State, of tangible
9personal property that is acquired outside this State and that,
10after being brought into this State and stored here
11temporarily, is used solely outside this State or is physically
12attached to or incorporated into other tangible personal
13property that is used solely outside this State, or is altered
14by converting, fabricating, manufacturing, printing,
15processing, or shaping, and, as altered, is used solely outside
16this State.
17 (f) The temporary storage in this State of building
18materials and fixtures that are acquired either in this State
19or outside this State by an Illinois registered combination
20retailer and construction contractor, and that the purchaser
21thereafter uses outside this State by incorporating that
22property into real estate located outside this State.
23 (g) The use or purchase of tangible personal property by a
24common carrier by rail or motor that receives the physical
25possession of the property in Illinois, and that transports the
26property, or shares with another common carrier in the

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1transportation of the property, out of Illinois on a standard
2uniform bill of lading showing the seller of the property as
3the shipper or consignor of the property to a destination
4outside Illinois, for use outside Illinois.
5 (h) Except as provided in subsection (h-1), the use, in
6this State, of a motor vehicle that was sold in this State to a
7nonresident, even though the motor vehicle is delivered to the
8nonresident in this State, if the motor vehicle is not to be
9titled in this State, and if a drive-away permit is issued to
10the motor vehicle as provided in Section 3-603 of the Illinois
11Vehicle Code or if the nonresident purchaser has vehicle
12registration plates to transfer to the motor vehicle upon
13returning to his or her home state. The issuance of the
14drive-away permit or having the out-of-state registration
15plates to be transferred shall be prima facie evidence that the
16motor vehicle will not be titled in this State.
17 (h-1) The exemption under subsection (h) does not apply if
18the state in which the motor vehicle will be titled does not
19allow a reciprocal exemption for the use in that state of a
20motor vehicle sold and delivered in that state to an Illinois
21resident but titled in Illinois. The tax collected under this
22Act on the sale of a motor vehicle in this State to a resident
23of another state that does not allow a reciprocal exemption
24shall be imposed at a rate equal to the state's rate of tax on
25taxable property in the state in which the purchaser is a
26resident, except that the tax shall not exceed the tax that

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1would otherwise be imposed under this Act. At the time of the
2sale, the purchaser shall execute a statement, signed under
3penalty of perjury, of his or her intent to title the vehicle
4in the state in which the purchaser is a resident within 30
5days after the sale and of the fact of the payment to the State
6of Illinois of tax in an amount equivalent to the state's rate
7of tax on taxable property in his or her state of residence and
8shall submit the statement to the appropriate tax collection
9agency in his or her state of residence. In addition, the
10retailer must retain a signed copy of the statement in his or
11her records. Nothing in this subsection shall be construed to
12require the removal of the vehicle from this state following
13the filing of an intent to title the vehicle in the purchaser's
14state of residence if the purchaser titles the vehicle in his
15or her state of residence within 30 days after the date of
16sale. The tax collected under this Act in accordance with this
17subsection (h-1) shall be proportionately distributed as if the
18tax were collected at the 6.25% general rate imposed under this
19Act.
20 (h-2) The following exemptions apply with respect to
21certain aircraft:
22 (1) Beginning on July 1, 2007, no tax is imposed under
23 this Act on the purchase of an aircraft, as defined in
24 Section 3 of the Illinois Aeronautics Act, if all of the
25 following conditions are met:
26 (A) the aircraft leaves this State within 15 days

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1 after the later of either the issuance of the final
2 billing for the purchase of the aircraft or the
3 authorized approval for return to service, completion
4 of the maintenance record entry, and completion of the
5 test flight and ground test for inspection, as required
6 by 14 C.F.R. 91.407;
7 (B) the aircraft is not based or registered in this
8 State after the purchase of the aircraft; and
9 (C) the purchaser provides the Department with a
10 signed and dated certification, on a form prescribed by
11 the Department, certifying that the requirements of
12 this item (1) are met. The certificate must also
13 include the name and address of the purchaser, the
14 address of the location where the aircraft is to be
15 titled or registered, the address of the primary
16 physical location of the aircraft, and other
17 information that the Department may reasonably
18 require.
19 (2) Beginning on July 1, 2007, no tax is imposed under
20 this Act on the use of an aircraft, as defined in Section 3
21 of the Illinois Aeronautics Act, that is temporarily
22 located in this State for the purpose of a prepurchase
23 evaluation if all of the following conditions are met:
24 (A) the aircraft is not based or registered in this
25 State after the prepurchase evaluation; and
26 (B) the purchaser provides the Department with a

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1 signed and dated certification, on a form prescribed by
2 the Department, certifying that the requirements of
3 this item (2) are met. The certificate must also
4 include the name and address of the purchaser, the
5 address of the location where the aircraft is to be
6 titled or registered, the address of the primary
7 physical location of the aircraft, and other
8 information that the Department may reasonably
9 require.
10 (3) Beginning on July 1, 2007, no tax is imposed under
11 this Act on the use of an aircraft, as defined in Section 3
12 of the Illinois Aeronautics Act, that is temporarily
13 located in this State for the purpose of a post-sale
14 customization if all of the following conditions are met:
15 (A) the aircraft leaves this State within 15 days
16 after the authorized approval for return to service,
17 completion of the maintenance record entry, and
18 completion of the test flight and ground test for
19 inspection, as required by 14 C.F.R. 91.407;
20 (B) the aircraft is not based or registered in this
21 State either before or after the post-sale
22 customization; and
23 (C) the purchaser provides the Department with a
24 signed and dated certification, on a form prescribed by
25 the Department, certifying that the requirements of
26 this item (3) are met. The certificate must also

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1 include the name and address of the purchaser, the
2 address of the location where the aircraft is to be
3 titled or registered, the address of the primary
4 physical location of the aircraft, and other
5 information that the Department may reasonably
6 require.
7 If tax becomes due under this subsection (h-2) because of
8the purchaser's use of the aircraft in this State, the
9purchaser shall file a return with the Department and pay the
10tax on the fair market value of the aircraft. This return and
11payment of the tax must be made no later than 30 days after the
12aircraft is used in a taxable manner in this State. The tax is
13based on the fair market value of the aircraft on the date that
14it is first used in a taxable manner in this State.
15 For purposes of this subsection (h-2):
16 "Based in this State" means hangared, stored, or otherwise
17used, excluding post-sale customizations as defined in this
18Section, for 10 or more days in each 12-month period
19immediately following the date of the sale of the aircraft.
20 "Post-sale customization" means any improvement,
21maintenance, or repair that is performed on an aircraft
22following a transfer of ownership of the aircraft.
23 "Prepurchase evaluation" means an examination of an
24aircraft to provide a potential purchaser with information
25relevant to the potential purchase.
26 "Registered in this State" means an aircraft registered

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1with the Department of Transportation, Aeronautics Division,
2or titled or registered with the Federal Aviation
3Administration to an address located in this State.
4 This subsection (h-2) is exempt from the provisions of
5Section 3-90.
6 (i) Beginning July 1, 1999, the use, in this State, of fuel
7acquired outside this State and brought into this State in the
8fuel supply tanks of locomotives engaged in freight hauling and
9passenger service for interstate commerce. This subsection is
10exempt from the provisions of Section 3-90.
11 (j) Beginning on January 1, 2002 and through June 30, 2022
12June 30, 2016, the use of tangible personal property purchased
13from an Illinois retailer by a taxpayer engaged in centralized
14purchasing activities in Illinois who will, upon receipt of the
15property in Illinois, temporarily store the property in
16Illinois (i) for the purpose of subsequently transporting it
17outside this State for use or consumption thereafter solely
18outside this State or (ii) for the purpose of being processed,
19fabricated, or manufactured into, attached to, or incorporated
20into other tangible personal property to be transported outside
21this State and thereafter used or consumed solely outside this
22State. The Director of Revenue shall, pursuant to rules adopted
23in accordance with the Illinois Administrative Procedure Act,
24issue a permit to any taxpayer in good standing with the
25Department who is eligible for the exemption under this
26subsection (j). The permit issued under this subsection (j)

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1shall authorize the holder, to the extent and in the manner
2specified in the rules adopted under this Act, to purchase
3tangible personal property from a retailer exempt from the
4taxes imposed by this Act. Taxpayers shall maintain all
5necessary books and records to substantiate the use and
6consumption of all such tangible personal property outside of
7the State of Illinois.
8(Source: P.A. 100-321, eff. 8-24-17.)
9 Section 10. The Service Use Tax Act is amended by changing
10Section 3-45 as follows:
11 (35 ILCS 110/3-45) (from Ch. 120, par. 439.33-45)
12 Sec. 3-45. Multistate exemption. To prevent actual or
13likely multistate taxation, the tax imposed by this Act does
14not apply to the use of tangible personal property in this
15State under the following circumstances:
16 (a) The use, in this State, of property acquired outside
17this State by a nonresident individual and brought into this
18State by the individual for his or her own use while
19temporarily within this State or while passing through this
20State.
21 (b) The use, in this State, of property that is acquired
22outside this State and that is moved into this State for use as
23rolling stock moving in interstate commerce.
24 (c) The use, in this State, of property that is acquired

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1outside this State and caused to be brought into this State by
2a person who has already paid a tax in another state in respect
3to the sale, purchase, or use of that property, to the extent
4of the amount of the tax properly due and paid in the other
5state.
6 (d) The temporary storage, in this State, of property that
7is acquired outside this State and that after being brought
8into this State and stored here temporarily, is used solely
9outside this State or is physically attached to or incorporated
10into other property that is used solely outside this State, or
11is altered by converting, fabricating, manufacturing,
12printing, processing, or shaping, and, as altered, is used
13solely outside this State.
14 (e) Beginning July 1, 1999, the use, in this State, of fuel
15acquired outside this State and brought into this State in the
16fuel supply tanks of locomotives engaged in freight hauling and
17passenger service for interstate commerce. This subsection is
18exempt from the provisions of Section 3-75.
19 (f) Beginning on January 1, 2002 and through June 30, 2022
20June 30, 2016, the use of tangible personal property purchased
21from an Illinois retailer by a taxpayer engaged in centralized
22purchasing activities in Illinois who will, upon receipt of the
23property in Illinois, temporarily store the property in
24Illinois (i) for the purpose of subsequently transporting it
25outside this State for use or consumption thereafter solely
26outside this State or (ii) for the purpose of being processed,

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1fabricated, or manufactured into, attached to, or incorporated
2into other tangible personal property to be transported outside
3this State and thereafter used or consumed solely outside this
4State. The Director of Revenue shall, pursuant to rules adopted
5in accordance with the Illinois Administrative Procedure Act,
6issue a permit to any taxpayer in good standing with the
7Department who is eligible for the exemption under this
8subsection (f). The permit issued under this subsection (f)
9shall authorize the holder, to the extent and in the manner
10specified in the rules adopted under this Act, to purchase
11tangible personal property from a retailer exempt from the
12taxes imposed by this Act. Taxpayers shall maintain all
13necessary books and records to substantiate the use and
14consumption of all such tangible personal property outside of
15the State of Illinois.
16(Source: P.A. 97-73, eff. 6-30-11.)
17 Section 15. The Service Occupation Tax Act is amended by
18changing Section 3-5 as follows:
19 (35 ILCS 115/3-5)
20 Sec. 3-5. Exemptions. The following tangible personal
21property is exempt from the tax imposed by this Act:
22 (1) Personal property sold by a corporation, society,
23association, foundation, institution, or organization, other
24than a limited liability company, that is organized and

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1operated as a not-for-profit service enterprise for the benefit
2of persons 65 years of age or older if the personal property
3was not purchased by the enterprise for the purpose of resale
4by the enterprise.
5 (2) Personal property purchased by a not-for-profit
6Illinois county fair association for use in conducting,
7operating, or promoting the county fair.
8 (3) Personal property purchased by any not-for-profit arts
9or cultural organization that establishes, by proof required by
10the Department by rule, that it has received an exemption under
11Section 501(c)(3) of the Internal Revenue Code and that is
12organized and operated primarily for the presentation or
13support of arts or cultural programming, activities, or
14services. These organizations include, but are not limited to,
15music and dramatic arts organizations such as symphony
16orchestras and theatrical groups, arts and cultural service
17organizations, local arts councils, visual arts organizations,
18and media arts organizations. On and after July 1, 2001 (the
19effective date of Public Act 92-35) this amendatory Act of the
2092nd General Assembly, however, an entity otherwise eligible
21for this exemption shall not make tax-free purchases unless it
22has an active identification number issued by the Department.
23 (4) Legal tender, currency, medallions, or gold or silver
24coinage issued by the State of Illinois, the government of the
25United States of America, or the government of any foreign
26country, and bullion.

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1 (5) Until July 1, 2003 and beginning again on September 1,
22004 through August 30, 2014, graphic arts machinery and
3equipment, including repair and replacement parts, both new and
4used, and including that manufactured on special order or
5purchased for lease, certified by the purchaser to be used
6primarily for graphic arts production. Equipment includes
7chemicals or chemicals acting as catalysts but only if the
8chemicals or chemicals acting as catalysts effect a direct and
9immediate change upon a graphic arts product. Beginning on July
101, 2017, graphic arts machinery and equipment is included in
11the manufacturing and assembling machinery and equipment
12exemption under Section 2 of this Act.
13 (6) Personal property sold by a teacher-sponsored student
14organization affiliated with an elementary or secondary school
15located in Illinois.
16 (7) Farm machinery and equipment, both new and used,
17including that manufactured on special order, certified by the
18purchaser to be used primarily for production agriculture or
19State or federal agricultural programs, including individual
20replacement parts for the machinery and equipment, including
21machinery and equipment purchased for lease, and including
22implements of husbandry defined in Section 1-130 of the
23Illinois Vehicle Code, farm machinery and agricultural
24chemical and fertilizer spreaders, and nurse wagons required to
25be registered under Section 3-809 of the Illinois Vehicle Code,
26but excluding other motor vehicles required to be registered

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1under the Illinois Vehicle Code. Horticultural polyhouses or
2hoop houses used for propagating, growing, or overwintering
3plants shall be considered farm machinery and equipment under
4this item (7). Agricultural chemical tender tanks and dry boxes
5shall include units sold separately from a motor vehicle
6required to be licensed and units sold mounted on a motor
7vehicle required to be licensed if the selling price of the
8tender is separately stated.
9 Farm machinery and equipment shall include precision
10farming equipment that is installed or purchased to be
11installed on farm machinery and equipment including, but not
12limited to, tractors, harvesters, sprayers, planters, seeders,
13or spreaders. Precision farming equipment includes, but is not
14limited to, soil testing sensors, computers, monitors,
15software, global positioning and mapping systems, and other
16such equipment.
17 Farm machinery and equipment also includes computers,
18sensors, software, and related equipment used primarily in the
19computer-assisted operation of production agriculture
20facilities, equipment, and activities such as, but not limited
21to, the collection, monitoring, and correlation of animal and
22crop data for the purpose of formulating animal diets and
23agricultural chemicals. This item (7) is exempt from the
24provisions of Section 3-55.
25 (8) Until June 30, 2013, fuel and petroleum products sold
26to or used by an air common carrier, certified by the carrier

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1to be used for consumption, shipment, or storage in the conduct
2of its business as an air common carrier, for a flight destined
3for or returning from a location or locations outside the
4United States without regard to previous or subsequent domestic
5stopovers.
6 Beginning July 1, 2013, fuel and petroleum products sold to
7or used by an air carrier, certified by the carrier to be used
8for consumption, shipment, or storage in the conduct of its
9business as an air common carrier, for a flight that (i) is
10engaged in foreign trade or is engaged in trade between the
11United States and any of its possessions and (ii) transports at
12least one individual or package for hire from the city of
13origination to the city of final destination on the same
14aircraft, without regard to a change in the flight number of
15that aircraft.
16 (9) Proceeds of mandatory service charges separately
17stated on customers' bills for the purchase and consumption of
18food and beverages, to the extent that the proceeds of the
19service charge are in fact turned over as tips or as a
20substitute for tips to the employees who participate directly
21in preparing, serving, hosting or cleaning up the food or
22beverage function with respect to which the service charge is
23imposed.
24 (10) Until July 1, 2003, oil field exploration, drilling,
25and production equipment, including (i) rigs and parts of rigs,
26rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and

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1tubular goods, including casing and drill strings, (iii) pumps
2and pump-jack units, (iv) storage tanks and flow lines, (v) any
3individual replacement part for oil field exploration,
4drilling, and production equipment, and (vi) machinery and
5equipment purchased for lease; but excluding motor vehicles
6required to be registered under the Illinois Vehicle Code.
7 (11) Photoprocessing machinery and equipment, including
8repair and replacement parts, both new and used, including that
9manufactured on special order, certified by the purchaser to be
10used primarily for photoprocessing, and including
11photoprocessing machinery and equipment purchased for lease.
12 (12) Until July 1, 2023, coal and aggregate exploration,
13mining, off-highway hauling, processing, maintenance, and
14reclamation equipment, including replacement parts and
15equipment, and including equipment purchased for lease, but
16excluding motor vehicles required to be registered under the
17Illinois Vehicle Code. The changes made to this Section by
18Public Act 97-767 apply on and after July 1, 2003, but no claim
19for credit or refund is allowed on or after August 16, 2013
20(the effective date of Public Act 98-456) for such taxes paid
21during the period beginning July 1, 2003 and ending on August
2216, 2013 (the effective date of Public Act 98-456).
23 (13) Beginning January 1, 1992 and through June 30, 2016,
24food for human consumption that is to be consumed off the
25premises where it is sold (other than alcoholic beverages, soft
26drinks and food that has been prepared for immediate

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1consumption) and prescription and non-prescription medicines,
2drugs, medical appliances, and insulin, urine testing
3materials, syringes, and needles used by diabetics, for human
4use, when purchased for use by a person receiving medical
5assistance under Article V of the Illinois Public Aid Code who
6resides in a licensed long-term care facility, as defined in
7the Nursing Home Care Act, or in a licensed facility as defined
8in the ID/DD Community Care Act, the MC/DD Act, or the
9Specialized Mental Health Rehabilitation Act of 2013.
10 (14) Semen used for artificial insemination of livestock
11for direct agricultural production.
12 (15) Horses, or interests in horses, registered with and
13meeting the requirements of any of the Arabian Horse Club
14Registry of America, Appaloosa Horse Club, American Quarter
15Horse Association, United States Trotting Association, or
16Jockey Club, as appropriate, used for purposes of breeding or
17racing for prizes. This item (15) is exempt from the provisions
18of Section 3-55, and the exemption provided for under this item
19(15) applies for all periods beginning May 30, 1995, but no
20claim for credit or refund is allowed on or after January 1,
212008 (the effective date of Public Act 95-88) for such taxes
22paid during the period beginning May 30, 2000 and ending on
23January 1, 2008 (the effective date of Public Act 95-88).
24 (16) Computers and communications equipment utilized for
25any hospital purpose and equipment used in the diagnosis,
26analysis, or treatment of hospital patients sold to a lessor

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1who leases the equipment, under a lease of one year or longer
2executed or in effect at the time of the purchase, to a
3hospital that has been issued an active tax exemption
4identification number by the Department under Section 1g of the
5Retailers' Occupation Tax Act.
6 (17) Personal property sold to a lessor who leases the
7property, under a lease of one year or longer executed or in
8effect at the time of the purchase, to a governmental body that
9has been issued an active tax exemption identification number
10by the Department under Section 1g of the Retailers' Occupation
11Tax Act.
12 (18) Beginning with taxable years ending on or after
13December 31, 1995 and ending with taxable years ending on or
14before December 31, 2004, personal property that is donated for
15disaster relief to be used in a State or federally declared
16disaster area in Illinois or bordering Illinois by a
17manufacturer or retailer that is registered in this State to a
18corporation, society, association, foundation, or institution
19that has been issued a sales tax exemption identification
20number by the Department that assists victims of the disaster
21who reside within the declared disaster area.
22 (19) Beginning with taxable years ending on or after
23December 31, 1995 and ending with taxable years ending on or
24before December 31, 2004, personal property that is used in the
25performance of infrastructure repairs in this State, including
26but not limited to municipal roads and streets, access roads,

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1bridges, sidewalks, waste disposal systems, water and sewer
2line extensions, water distribution and purification
3facilities, storm water drainage and retention facilities, and
4sewage treatment facilities, resulting from a State or
5federally declared disaster in Illinois or bordering Illinois
6when such repairs are initiated on facilities located in the
7declared disaster area within 6 months after the disaster.
8 (20) Beginning July 1, 1999, game or game birds sold at a
9"game breeding and hunting preserve area" as that term is used
10in the Wildlife Code. This paragraph is exempt from the
11provisions of Section 3-55.
12 (21) A motor vehicle, as that term is defined in Section
131-146 of the Illinois Vehicle Code, that is donated to a
14corporation, limited liability company, society, association,
15foundation, or institution that is determined by the Department
16to be organized and operated exclusively for educational
17purposes. For purposes of this exemption, "a corporation,
18limited liability company, society, association, foundation,
19or institution organized and operated exclusively for
20educational purposes" means all tax-supported public schools,
21private schools that offer systematic instruction in useful
22branches of learning by methods common to public schools and
23that compare favorably in their scope and intensity with the
24course of study presented in tax-supported schools, and
25vocational or technical schools or institutes organized and
26operated exclusively to provide a course of study of not less

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1than 6 weeks duration and designed to prepare individuals to
2follow a trade or to pursue a manual, technical, mechanical,
3industrial, business, or commercial occupation.
4 (22) Beginning January 1, 2000, personal property,
5including food, purchased through fundraising events for the
6benefit of a public or private elementary or secondary school,
7a group of those schools, or one or more school districts if
8the events are sponsored by an entity recognized by the school
9district that consists primarily of volunteers and includes
10parents and teachers of the school children. This paragraph
11does not apply to fundraising events (i) for the benefit of
12private home instruction or (ii) for which the fundraising
13entity purchases the personal property sold at the events from
14another individual or entity that sold the property for the
15purpose of resale by the fundraising entity and that profits
16from the sale to the fundraising entity. This paragraph is
17exempt from the provisions of Section 3-55.
18 (23) Beginning January 1, 2000 and through December 31,
192001, new or used automatic vending machines that prepare and
20serve hot food and beverages, including coffee, soup, and other
21items, and replacement parts for these machines. Beginning
22January 1, 2002 and through June 30, 2003, machines and parts
23for machines used in commercial, coin-operated amusement and
24vending business if a use or occupation tax is paid on the
25gross receipts derived from the use of the commercial,
26coin-operated amusement and vending machines. This paragraph

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1is exempt from the provisions of Section 3-55.
2 (24) Beginning on August 2, 2001 (the effective date of
3Public Act 92-227) this amendatory Act of the 92nd General
4Assembly, computers and communications equipment utilized for
5any hospital purpose and equipment used in the diagnosis,
6analysis, or treatment of hospital patients sold to a lessor
7who leases the equipment, under a lease of one year or longer
8executed or in effect at the time of the purchase, to a
9hospital that has been issued an active tax exemption
10identification number by the Department under Section 1g of the
11Retailers' Occupation Tax Act. This paragraph is exempt from
12the provisions of Section 3-55.
13 (25) Beginning on August 2, 2001 (the effective date of
14Public Act 92-227) this amendatory Act of the 92nd General
15Assembly, personal property sold to a lessor who leases the
16property, under a lease of one year or longer executed or in
17effect at the time of the purchase, to a governmental body that
18has been issued an active tax exemption identification number
19by the Department under Section 1g of the Retailers' Occupation
20Tax Act. This paragraph is exempt from the provisions of
21Section 3-55.
22 (26) Beginning on January 1, 2002 and through June 30, 2022
23June 30, 2016, tangible personal property purchased from an
24Illinois retailer by a taxpayer engaged in centralized
25purchasing activities in Illinois who will, upon receipt of the
26property in Illinois, temporarily store the property in

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1Illinois (i) for the purpose of subsequently transporting it
2outside this State for use or consumption thereafter solely
3outside this State or (ii) for the purpose of being processed,
4fabricated, or manufactured into, attached to, or incorporated
5into other tangible personal property to be transported outside
6this State and thereafter used or consumed solely outside this
7State. The Director of Revenue shall, pursuant to rules adopted
8in accordance with the Illinois Administrative Procedure Act,
9issue a permit to any taxpayer in good standing with the
10Department who is eligible for the exemption under this
11paragraph (26). The permit issued under this paragraph (26)
12shall authorize the holder, to the extent and in the manner
13specified in the rules adopted under this Act, to purchase
14tangible personal property from a retailer exempt from the
15taxes imposed by this Act. Taxpayers shall maintain all
16necessary books and records to substantiate the use and
17consumption of all such tangible personal property outside of
18the State of Illinois.
19 (27) Beginning January 1, 2008, tangible personal property
20used in the construction or maintenance of a community water
21supply, as defined under Section 3.145 of the Environmental
22Protection Act, that is operated by a not-for-profit
23corporation that holds a valid water supply permit issued under
24Title IV of the Environmental Protection Act. This paragraph is
25exempt from the provisions of Section 3-55.
26 (28) Tangible personal property sold to a

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1public-facilities corporation, as described in Section
211-65-10 of the Illinois Municipal Code, for purposes of
3constructing or furnishing a municipal convention hall, but
4only if the legal title to the municipal convention hall is
5transferred to the municipality without any further
6consideration by or on behalf of the municipality at the time
7of the completion of the municipal convention hall or upon the
8retirement or redemption of any bonds or other debt instruments
9issued by the public-facilities corporation in connection with
10the development of the municipal convention hall. This
11exemption includes existing public-facilities corporations as
12provided in Section 11-65-25 of the Illinois Municipal Code.
13This paragraph is exempt from the provisions of Section 3-55.
14 (29) Beginning January 1, 2010, materials, parts,
15equipment, components, and furnishings incorporated into or
16upon an aircraft as part of the modification, refurbishment,
17completion, replacement, repair, or maintenance of the
18aircraft. This exemption includes consumable supplies used in
19the modification, refurbishment, completion, replacement,
20repair, and maintenance of aircraft, but excludes any
21materials, parts, equipment, components, and consumable
22supplies used in the modification, replacement, repair, and
23maintenance of aircraft engines or power plants, whether such
24engines or power plants are installed or uninstalled upon any
25such aircraft. "Consumable supplies" include, but are not
26limited to, adhesive, tape, sandpaper, general purpose

HB3572- 24 -LRB101 07554 HLH 52599 b
1lubricants, cleaning solution, latex gloves, and protective
2films. This exemption applies only to the transfer of
3qualifying tangible personal property incident to the
4modification, refurbishment, completion, replacement, repair,
5or maintenance of an aircraft by persons who (i) hold an Air
6Agency Certificate and are empowered to operate an approved
7repair station by the Federal Aviation Administration, (ii)
8have a Class IV Rating, and (iii) conduct operations in
9accordance with Part 145 of the Federal Aviation Regulations.
10The exemption does not include aircraft operated by a
11commercial air carrier providing scheduled passenger air
12service pursuant to authority issued under Part 121 or Part 129
13of the Federal Aviation Regulations. The changes made to this
14paragraph (29) by Public Act 98-534 are declarative of existing
15law.
16 (30) Beginning January 1, 2017, menstrual pads, tampons,
17and menstrual cups.
18 (31) Tangible personal property transferred to a purchaser
19who is exempt from tax by operation of federal law. This
20paragraph is exempt from the provisions of Section 3-55.
21(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
22100-22, eff. 7-6-17; 100-594, eff. 6-29-18; 100-1171, eff.
231-4-19; revised 1-8-19.)
24 Section 20. The Retailers' Occupation Tax Act is amended by
25changing Section 2-5 as follows:

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1 (35 ILCS 120/2-5)
2 Sec. 2-5. Exemptions. Gross receipts from proceeds from the
3sale of the following tangible personal property are exempt
4from the tax imposed by this Act:
5 (1) Farm chemicals.
6 (2) Farm machinery and equipment, both new and used,
7 including that manufactured on special order, certified by
8 the purchaser to be used primarily for production
9 agriculture or State or federal agricultural programs,
10 including individual replacement parts for the machinery
11 and equipment, including machinery and equipment purchased
12 for lease, and including implements of husbandry defined in
13 Section 1-130 of the Illinois Vehicle Code, farm machinery
14 and agricultural chemical and fertilizer spreaders, and
15 nurse wagons required to be registered under Section 3-809
16 of the Illinois Vehicle Code, but excluding other motor
17 vehicles required to be registered under the Illinois
18 Vehicle Code. Horticultural polyhouses or hoop houses used
19 for propagating, growing, or overwintering plants shall be
20 considered farm machinery and equipment under this item
21 (2). Agricultural chemical tender tanks and dry boxes shall
22 include units sold separately from a motor vehicle required
23 to be licensed and units sold mounted on a motor vehicle
24 required to be licensed, if the selling price of the tender
25 is separately stated.

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1 Farm machinery and equipment shall include precision
2 farming equipment that is installed or purchased to be
3 installed on farm machinery and equipment including, but
4 not limited to, tractors, harvesters, sprayers, planters,
5 seeders, or spreaders. Precision farming equipment
6 includes, but is not limited to, soil testing sensors,
7 computers, monitors, software, global positioning and
8 mapping systems, and other such equipment.
9 Farm machinery and equipment also includes computers,
10 sensors, software, and related equipment used primarily in
11 the computer-assisted operation of production agriculture
12 facilities, equipment, and activities such as, but not
13 limited to, the collection, monitoring, and correlation of
14 animal and crop data for the purpose of formulating animal
15 diets and agricultural chemicals. This item (2) is exempt
16 from the provisions of Section 2-70.
17 (3) Until July 1, 2003, distillation machinery and
18 equipment, sold as a unit or kit, assembled or installed by
19 the retailer, certified by the user to be used only for the
20 production of ethyl alcohol that will be used for
21 consumption as motor fuel or as a component of motor fuel
22 for the personal use of the user, and not subject to sale
23 or resale.
24 (4) Until July 1, 2003 and beginning again September 1,
25 2004 through August 30, 2014, graphic arts machinery and
26 equipment, including repair and replacement parts, both

HB3572- 27 -LRB101 07554 HLH 52599 b
1 new and used, and including that manufactured on special
2 order or purchased for lease, certified by the purchaser to
3 be used primarily for graphic arts production. Equipment
4 includes chemicals or chemicals acting as catalysts but
5 only if the chemicals or chemicals acting as catalysts
6 effect a direct and immediate change upon a graphic arts
7 product. Beginning on July 1, 2017, graphic arts machinery
8 and equipment is included in the manufacturing and
9 assembling machinery and equipment exemption under
10 paragraph (14).
11 (5) A motor vehicle that is used for automobile
12 renting, as defined in the Automobile Renting Occupation
13 and Use Tax Act. This paragraph is exempt from the
14 provisions of Section 2-70.
15 (6) Personal property sold by a teacher-sponsored
16 student organization affiliated with an elementary or
17 secondary school located in Illinois.
18 (7) Until July 1, 2003, proceeds of that portion of the
19 selling price of a passenger car the sale of which is
20 subject to the Replacement Vehicle Tax.
21 (8) Personal property sold to an Illinois county fair
22 association for use in conducting, operating, or promoting
23 the county fair.
24 (9) Personal property sold to a not-for-profit arts or
25 cultural organization that establishes, by proof required
26 by the Department by rule, that it has received an

HB3572- 28 -LRB101 07554 HLH 52599 b
1 exemption under Section 501(c)(3) of the Internal Revenue
2 Code and that is organized and operated primarily for the
3 presentation or support of arts or cultural programming,
4 activities, or services. These organizations include, but
5 are not limited to, music and dramatic arts organizations
6 such as symphony orchestras and theatrical groups, arts and
7 cultural service organizations, local arts councils,
8 visual arts organizations, and media arts organizations.
9 On and after July 1, 2001 (the effective date of Public Act
10 92-35), however, an entity otherwise eligible for this
11 exemption shall not make tax-free purchases unless it has
12 an active identification number issued by the Department.
13 (10) Personal property sold by a corporation, society,
14 association, foundation, institution, or organization,
15 other than a limited liability company, that is organized
16 and operated as a not-for-profit service enterprise for the
17 benefit of persons 65 years of age or older if the personal
18 property was not purchased by the enterprise for the
19 purpose of resale by the enterprise.
20 (11) Personal property sold to a governmental body, to
21 a corporation, society, association, foundation, or
22 institution organized and operated exclusively for
23 charitable, religious, or educational purposes, or to a
24 not-for-profit corporation, society, association,
25 foundation, institution, or organization that has no
26 compensated officers or employees and that is organized and

HB3572- 29 -LRB101 07554 HLH 52599 b
1 operated primarily for the recreation of persons 55 years
2 of age or older. A limited liability company may qualify
3 for the exemption under this paragraph only if the limited
4 liability company is organized and operated exclusively
5 for educational purposes. On and after July 1, 1987,
6 however, no entity otherwise eligible for this exemption
7 shall make tax-free purchases unless it has an active
8 identification number issued by the Department.
9 (12) (Blank).
10 (12-5) On and after July 1, 2003 and through June 30,
11 2004, motor vehicles of the second division with a gross
12 vehicle weight in excess of 8,000 pounds that are subject
13 to the commercial distribution fee imposed under Section
14 3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
15 2004 and through June 30, 2005, the use in this State of
16 motor vehicles of the second division: (i) with a gross
17 vehicle weight rating in excess of 8,000 pounds; (ii) that
18 are subject to the commercial distribution fee imposed
19 under Section 3-815.1 of the Illinois Vehicle Code; and
20 (iii) that are primarily used for commercial purposes.
21 Through June 30, 2005, this exemption applies to repair and
22 replacement parts added after the initial purchase of such
23 a motor vehicle if that motor vehicle is used in a manner
24 that would qualify for the rolling stock exemption
25 otherwise provided for in this Act. For purposes of this
26 paragraph, "used for commercial purposes" means the

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1 transportation of persons or property in furtherance of any
2 commercial or industrial enterprise whether for-hire or
3 not.
4 (13) Proceeds from sales to owners, lessors, or
5 shippers of tangible personal property that is utilized by
6 interstate carriers for hire for use as rolling stock
7 moving in interstate commerce and equipment operated by a
8 telecommunications provider, licensed as a common carrier
9 by the Federal Communications Commission, which is
10 permanently installed in or affixed to aircraft moving in
11 interstate commerce.
12 (14) Machinery and equipment that will be used by the
13 purchaser, or a lessee of the purchaser, primarily in the
14 process of manufacturing or assembling tangible personal
15 property for wholesale or retail sale or lease, whether the
16 sale or lease is made directly by the manufacturer or by
17 some other person, whether the materials used in the
18 process are owned by the manufacturer or some other person,
19 or whether the sale or lease is made apart from or as an
20 incident to the seller's engaging in the service occupation
21 of producing machines, tools, dies, jigs, patterns,
22 gauges, or other similar items of no commercial value on
23 special order for a particular purchaser. The exemption
24 provided by this paragraph (14) does not include machinery
25 and equipment used in (i) the generation of electricity for
26 wholesale or retail sale; (ii) the generation or treatment

HB3572- 31 -LRB101 07554 HLH 52599 b
1 of natural or artificial gas for wholesale or retail sale
2 that is delivered to customers through pipes, pipelines, or
3 mains; or (iii) the treatment of water for wholesale or
4 retail sale that is delivered to customers through pipes,
5 pipelines, or mains. The provisions of Public Act 98-583
6 are declaratory of existing law as to the meaning and scope
7 of this exemption. Beginning on July 1, 2017, the exemption
8 provided by this paragraph (14) includes, but is not
9 limited to, graphic arts machinery and equipment, as
10 defined in paragraph (4) of this Section.
11 (15) Proceeds of mandatory service charges separately
12 stated on customers' bills for purchase and consumption of
13 food and beverages, to the extent that the proceeds of the
14 service charge are in fact turned over as tips or as a
15 substitute for tips to the employees who participate
16 directly in preparing, serving, hosting or cleaning up the
17 food or beverage function with respect to which the service
18 charge is imposed.
19 (16) Tangible personal property sold to a purchaser if
20 the purchaser is exempt from use tax by operation of
21 federal law. This paragraph is exempt from the provisions
22 of Section 2-70.
23 (17) Tangible personal property sold to a common
24 carrier by rail or motor that receives the physical
25 possession of the property in Illinois and that transports
26 the property, or shares with another common carrier in the

HB3572- 32 -LRB101 07554 HLH 52599 b
1 transportation of the property, out of Illinois on a
2 standard uniform bill of lading showing the seller of the
3 property as the shipper or consignor of the property to a
4 destination outside Illinois, for use outside Illinois.
5 (18) Legal tender, currency, medallions, or gold or
6 silver coinage issued by the State of Illinois, the
7 government of the United States of America, or the
8 government of any foreign country, and bullion.
9 (19) Until July 1, 2003, oil field exploration,
10 drilling, and production equipment, including (i) rigs and
11 parts of rigs, rotary rigs, cable tool rigs, and workover
12 rigs, (ii) pipe and tubular goods, including casing and
13 drill strings, (iii) pumps and pump-jack units, (iv)
14 storage tanks and flow lines, (v) any individual
15 replacement part for oil field exploration, drilling, and
16 production equipment, and (vi) machinery and equipment
17 purchased for lease; but excluding motor vehicles required
18 to be registered under the Illinois Vehicle Code.
19 (20) Photoprocessing machinery and equipment,
20 including repair and replacement parts, both new and used,
21 including that manufactured on special order, certified by
22 the purchaser to be used primarily for photoprocessing, and
23 including photoprocessing machinery and equipment
24 purchased for lease.
25 (21) Until July 1, 2023, coal and aggregate
26 exploration, mining, off-highway hauling, processing,

HB3572- 33 -LRB101 07554 HLH 52599 b
1 maintenance, and reclamation equipment, including
2 replacement parts and equipment, and including equipment
3 purchased for lease, but excluding motor vehicles required
4 to be registered under the Illinois Vehicle Code. The
5 changes made to this Section by Public Act 97-767 apply on
6 and after July 1, 2003, but no claim for credit or refund
7 is allowed on or after August 16, 2013 (the effective date
8 of Public Act 98-456) for such taxes paid during the period
9 beginning July 1, 2003 and ending on August 16, 2013 (the
10 effective date of Public Act 98-456).
11 (22) Until June 30, 2013, fuel and petroleum products
12 sold to or used by an air carrier, certified by the carrier
13 to be used for consumption, shipment, or storage in the
14 conduct of its business as an air common carrier, for a
15 flight destined for or returning from a location or
16 locations outside the United States without regard to
17 previous or subsequent domestic stopovers.
18 Beginning July 1, 2013, fuel and petroleum products
19 sold to or used by an air carrier, certified by the carrier
20 to be used for consumption, shipment, or storage in the
21 conduct of its business as an air common carrier, for a
22 flight that (i) is engaged in foreign trade or is engaged
23 in trade between the United States and any of its
24 possessions and (ii) transports at least one individual or
25 package for hire from the city of origination to the city
26 of final destination on the same aircraft, without regard

HB3572- 34 -LRB101 07554 HLH 52599 b
1 to a change in the flight number of that aircraft.
2 (23) A transaction in which the purchase order is
3 received by a florist who is located outside Illinois, but
4 who has a florist located in Illinois deliver the property
5 to the purchaser or the purchaser's donee in Illinois.
6 (24) Fuel consumed or used in the operation of ships,
7 barges, or vessels that are used primarily in or for the
8 transportation of property or the conveyance of persons for
9 hire on rivers bordering on this State if the fuel is
10 delivered by the seller to the purchaser's barge, ship, or
11 vessel while it is afloat upon that bordering river.
12 (25) Except as provided in item (25-5) of this Section,
13 a motor vehicle sold in this State to a nonresident even
14 though the motor vehicle is delivered to the nonresident in
15 this State, if the motor vehicle is not to be titled in
16 this State, and if a drive-away permit is issued to the
17 motor vehicle as provided in Section 3-603 of the Illinois
18 Vehicle Code or if the nonresident purchaser has vehicle
19 registration plates to transfer to the motor vehicle upon
20 returning to his or her home state. The issuance of the
21 drive-away permit or having the out-of-state registration
22 plates to be transferred is prima facie evidence that the
23 motor vehicle will not be titled in this State.
24 (25-5) The exemption under item (25) does not apply if
25 the state in which the motor vehicle will be titled does
26 not allow a reciprocal exemption for a motor vehicle sold

HB3572- 35 -LRB101 07554 HLH 52599 b
1 and delivered in that state to an Illinois resident but
2 titled in Illinois. The tax collected under this Act on the
3 sale of a motor vehicle in this State to a resident of
4 another state that does not allow a reciprocal exemption
5 shall be imposed at a rate equal to the state's rate of tax
6 on taxable property in the state in which the purchaser is
7 a resident, except that the tax shall not exceed the tax
8 that would otherwise be imposed under this Act. At the time
9 of the sale, the purchaser shall execute a statement,
10 signed under penalty of perjury, of his or her intent to
11 title the vehicle in the state in which the purchaser is a
12 resident within 30 days after the sale and of the fact of
13 the payment to the State of Illinois of tax in an amount
14 equivalent to the state's rate of tax on taxable property
15 in his or her state of residence and shall submit the
16 statement to the appropriate tax collection agency in his
17 or her state of residence. In addition, the retailer must
18 retain a signed copy of the statement in his or her
19 records. Nothing in this item shall be construed to require
20 the removal of the vehicle from this state following the
21 filing of an intent to title the vehicle in the purchaser's
22 state of residence if the purchaser titles the vehicle in
23 his or her state of residence within 30 days after the date
24 of sale. The tax collected under this Act in accordance
25 with this item (25-5) shall be proportionately distributed
26 as if the tax were collected at the 6.25% general rate

HB3572- 36 -LRB101 07554 HLH 52599 b
1 imposed under this Act.
2 (25-7) Beginning on July 1, 2007, no tax is imposed
3 under this Act on the sale of an aircraft, as defined in
4 Section 3 of the Illinois Aeronautics Act, if all of the
5 following conditions are met:
6 (1) the aircraft leaves this State within 15 days
7 after the later of either the issuance of the final
8 billing for the sale of the aircraft, or the authorized
9 approval for return to service, completion of the
10 maintenance record entry, and completion of the test
11 flight and ground test for inspection, as required by
12 14 C.F.R. 91.407;
13 (2) the aircraft is not based or registered in this
14 State after the sale of the aircraft; and
15 (3) the seller retains in his or her books and
16 records and provides to the Department a signed and
17 dated certification from the purchaser, on a form
18 prescribed by the Department, certifying that the
19 requirements of this item (25-7) are met. The
20 certificate must also include the name and address of
21 the purchaser, the address of the location where the
22 aircraft is to be titled or registered, the address of
23 the primary physical location of the aircraft, and
24 other information that the Department may reasonably
25 require.
26 For purposes of this item (25-7):

HB3572- 37 -LRB101 07554 HLH 52599 b
1 "Based in this State" means hangared, stored, or
2 otherwise used, excluding post-sale customizations as
3 defined in this Section, for 10 or more days in each
4 12-month period immediately following the date of the sale
5 of the aircraft.
6 "Registered in this State" means an aircraft
7 registered with the Department of Transportation,
8 Aeronautics Division, or titled or registered with the
9 Federal Aviation Administration to an address located in
10 this State.
11 This paragraph (25-7) is exempt from the provisions of
12 Section 2-70.
13 (26) Semen used for artificial insemination of
14 livestock for direct agricultural production.
15 (27) Horses, or interests in horses, registered with
16 and meeting the requirements of any of the Arabian Horse
17 Club Registry of America, Appaloosa Horse Club, American
18 Quarter Horse Association, United States Trotting
19 Association, or Jockey Club, as appropriate, used for
20 purposes of breeding or racing for prizes. This item (27)
21 is exempt from the provisions of Section 2-70, and the
22 exemption provided for under this item (27) applies for all
23 periods beginning May 30, 1995, but no claim for credit or
24 refund is allowed on or after January 1, 2008 (the
25 effective date of Public Act 95-88) for such taxes paid
26 during the period beginning May 30, 2000 and ending on

HB3572- 38 -LRB101 07554 HLH 52599 b
1 January 1, 2008 (the effective date of Public Act 95-88).
2 (28) Computers and communications equipment utilized
3 for any hospital purpose and equipment used in the
4 diagnosis, analysis, or treatment of hospital patients
5 sold to a lessor who leases the equipment, under a lease of
6 one year or longer executed or in effect at the time of the
7 purchase, to a hospital that has been issued an active tax
8 exemption identification number by the Department under
9 Section 1g of this Act.
10 (29) Personal property sold to a lessor who leases the
11 property, under a lease of one year or longer executed or
12 in effect at the time of the purchase, to a governmental
13 body that has been issued an active tax exemption
14 identification number by the Department under Section 1g of
15 this Act.
16 (30) Beginning with taxable years ending on or after
17 December 31, 1995 and ending with taxable years ending on
18 or before December 31, 2004, personal property that is
19 donated for disaster relief to be used in a State or
20 federally declared disaster area in Illinois or bordering
21 Illinois by a manufacturer or retailer that is registered
22 in this State to a corporation, society, association,
23 foundation, or institution that has been issued a sales tax
24 exemption identification number by the Department that
25 assists victims of the disaster who reside within the
26 declared disaster area.

HB3572- 39 -LRB101 07554 HLH 52599 b
1 (31) Beginning with taxable years ending on or after
2 December 31, 1995 and ending with taxable years ending on
3 or before December 31, 2004, personal property that is used
4 in the performance of infrastructure repairs in this State,
5 including but not limited to municipal roads and streets,
6 access roads, bridges, sidewalks, waste disposal systems,
7 water and sewer line extensions, water distribution and
8 purification facilities, storm water drainage and
9 retention facilities, and sewage treatment facilities,
10 resulting from a State or federally declared disaster in
11 Illinois or bordering Illinois when such repairs are
12 initiated on facilities located in the declared disaster
13 area within 6 months after the disaster.
14 (32) Beginning July 1, 1999, game or game birds sold at
15 a "game breeding and hunting preserve area" as that term is
16 used in the Wildlife Code. This paragraph is exempt from
17 the provisions of Section 2-70.
18 (33) A motor vehicle, as that term is defined in
19 Section 1-146 of the Illinois Vehicle Code, that is donated
20 to a corporation, limited liability company, society,
21 association, foundation, or institution that is determined
22 by the Department to be organized and operated exclusively
23 for educational purposes. For purposes of this exemption,
24 "a corporation, limited liability company, society,
25 association, foundation, or institution organized and
26 operated exclusively for educational purposes" means all

HB3572- 40 -LRB101 07554 HLH 52599 b
1 tax-supported public schools, private schools that offer
2 systematic instruction in useful branches of learning by
3 methods common to public schools and that compare favorably
4 in their scope and intensity with the course of study
5 presented in tax-supported schools, and vocational or
6 technical schools or institutes organized and operated
7 exclusively to provide a course of study of not less than 6
8 weeks duration and designed to prepare individuals to
9 follow a trade or to pursue a manual, technical,
10 mechanical, industrial, business, or commercial
11 occupation.
12 (34) Beginning January 1, 2000, personal property,
13 including food, purchased through fundraising events for
14 the benefit of a public or private elementary or secondary
15 school, a group of those schools, or one or more school
16 districts if the events are sponsored by an entity
17 recognized by the school district that consists primarily
18 of volunteers and includes parents and teachers of the
19 school children. This paragraph does not apply to
20 fundraising events (i) for the benefit of private home
21 instruction or (ii) for which the fundraising entity
22 purchases the personal property sold at the events from
23 another individual or entity that sold the property for the
24 purpose of resale by the fundraising entity and that
25 profits from the sale to the fundraising entity. This
26 paragraph is exempt from the provisions of Section 2-70.

HB3572- 41 -LRB101 07554 HLH 52599 b
1 (35) Beginning January 1, 2000 and through December 31,
2 2001, new or used automatic vending machines that prepare
3 and serve hot food and beverages, including coffee, soup,
4 and other items, and replacement parts for these machines.
5 Beginning January 1, 2002 and through June 30, 2003,
6 machines and parts for machines used in commercial,
7 coin-operated amusement and vending business if a use or
8 occupation tax is paid on the gross receipts derived from
9 the use of the commercial, coin-operated amusement and
10 vending machines. This paragraph is exempt from the
11 provisions of Section 2-70.
12 (35-5) Beginning August 23, 2001 and through June 30,
13 2016, food for human consumption that is to be consumed off
14 the premises where it is sold (other than alcoholic
15 beverages, soft drinks, and food that has been prepared for
16 immediate consumption) and prescription and
17 nonprescription medicines, drugs, medical appliances, and
18 insulin, urine testing materials, syringes, and needles
19 used by diabetics, for human use, when purchased for use by
20 a person receiving medical assistance under Article V of
21 the Illinois Public Aid Code who resides in a licensed
22 long-term care facility, as defined in the Nursing Home
23 Care Act, or a licensed facility as defined in the ID/DD
24 Community Care Act, the MC/DD Act, or the Specialized
25 Mental Health Rehabilitation Act of 2013.
26 (36) Beginning August 2, 2001, computers and

HB3572- 42 -LRB101 07554 HLH 52599 b
1 communications equipment utilized for any hospital purpose
2 and equipment used in the diagnosis, analysis, or treatment
3 of hospital patients sold to a lessor who leases the
4 equipment, under a lease of one year or longer executed or
5 in effect at the time of the purchase, to a hospital that
6 has been issued an active tax exemption identification
7 number by the Department under Section 1g of this Act. This
8 paragraph is exempt from the provisions of Section 2-70.
9 (37) Beginning August 2, 2001, personal property sold
10 to a lessor who leases the property, under a lease of one
11 year or longer executed or in effect at the time of the
12 purchase, to a governmental body that has been issued an
13 active tax exemption identification number by the
14 Department under Section 1g of this Act. This paragraph is
15 exempt from the provisions of Section 2-70.
16 (38) Beginning on January 1, 2002 and through June 30,
17 2022 June 30, 2016, tangible personal property purchased
18 from an Illinois retailer by a taxpayer engaged in
19 centralized purchasing activities in Illinois who will,
20 upon receipt of the property in Illinois, temporarily store
21 the property in Illinois (i) for the purpose of
22 subsequently transporting it outside this State for use or
23 consumption thereafter solely outside this State or (ii)
24 for the purpose of being processed, fabricated, or
25 manufactured into, attached to, or incorporated into other
26 tangible personal property to be transported outside this

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1 State and thereafter used or consumed solely outside this
2 State. The Director of Revenue shall, pursuant to rules
3 adopted in accordance with the Illinois Administrative
4 Procedure Act, issue a permit to any taxpayer in good
5 standing with the Department who is eligible for the
6 exemption under this paragraph (38). The permit issued
7 under this paragraph (38) shall authorize the holder, to
8 the extent and in the manner specified in the rules adopted
9 under this Act, to purchase tangible personal property from
10 a retailer exempt from the taxes imposed by this Act.
11 Taxpayers shall maintain all necessary books and records to
12 substantiate the use and consumption of all such tangible
13 personal property outside of the State of Illinois.
14 (39) Beginning January 1, 2008, tangible personal
15 property used in the construction or maintenance of a
16 community water supply, as defined under Section 3.145 of
17 the Environmental Protection Act, that is operated by a
18 not-for-profit corporation that holds a valid water supply
19 permit issued under Title IV of the Environmental
20 Protection Act. This paragraph is exempt from the
21 provisions of Section 2-70.
22 (40) Beginning January 1, 2010, materials, parts,
23 equipment, components, and furnishings incorporated into
24 or upon an aircraft as part of the modification,
25 refurbishment, completion, replacement, repair, or
26 maintenance of the aircraft. This exemption includes

HB3572- 44 -LRB101 07554 HLH 52599 b
1 consumable supplies used in the modification,
2 refurbishment, completion, replacement, repair, and
3 maintenance of aircraft, but excludes any materials,
4 parts, equipment, components, and consumable supplies used
5 in the modification, replacement, repair, and maintenance
6 of aircraft engines or power plants, whether such engines
7 or power plants are installed or uninstalled upon any such
8 aircraft. "Consumable supplies" include, but are not
9 limited to, adhesive, tape, sandpaper, general purpose
10 lubricants, cleaning solution, latex gloves, and
11 protective films. This exemption applies only to the sale
12 of qualifying tangible personal property to persons who
13 modify, refurbish, complete, replace, or maintain an
14 aircraft and who (i) hold an Air Agency Certificate and are
15 empowered to operate an approved repair station by the
16 Federal Aviation Administration, (ii) have a Class IV
17 Rating, and (iii) conduct operations in accordance with
18 Part 145 of the Federal Aviation Regulations. The exemption
19 does not include aircraft operated by a commercial air
20 carrier providing scheduled passenger air service pursuant
21 to authority issued under Part 121 or Part 129 of the
22 Federal Aviation Regulations. The changes made to this
23 paragraph (40) by Public Act 98-534 are declarative of
24 existing law.
25 (41) Tangible personal property sold to a
26 public-facilities corporation, as described in Section

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1 11-65-10 of the Illinois Municipal Code, for purposes of
2 constructing or furnishing a municipal convention hall,
3 but only if the legal title to the municipal convention
4 hall is transferred to the municipality without any further
5 consideration by or on behalf of the municipality at the
6 time of the completion of the municipal convention hall or
7 upon the retirement or redemption of any bonds or other
8 debt instruments issued by the public-facilities
9 corporation in connection with the development of the
10 municipal convention hall. This exemption includes
11 existing public-facilities corporations as provided in
12 Section 11-65-25 of the Illinois Municipal Code. This
13 paragraph is exempt from the provisions of Section 2-70.
14 (42) Beginning January 1, 2017, menstrual pads,
15 tampons, and menstrual cups.
16 (43) Merchandise that is subject to the Rental Purchase
17 Agreement Occupation and Use Tax. The purchaser must
18 certify that the item is purchased to be rented subject to
19 a rental purchase agreement, as defined in the Rental
20 Purchase Agreement Act, and provide proof of registration
21 under the Rental Purchase Agreement Occupation and Use Tax
22 Act. This paragraph is exempt from the provisions of
23 Section 2-70.
24(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
25100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff.
261-1-18; 100-594, eff. 6-29-18; 100-863, eff. 8-14-18;

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1100-1171, eff. 1-4-19; revised 1-8-19.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.
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