Illinois 93rd Regular Session Status: Enacted

SB 2277 — CTY CD-MUNI CD-REBATE OCC TAX

Last action — Public Act . . . . . . . . . 93-1056

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 22, 2004. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amends the Counties Code and the Illinois Municipal Code. Provides that, on and after June 1, 2004, neither a county board nor the corporate authorities of a municipality nor a retailer may enter into any agreement to share or rebate any portion of retailers' occupation taxes generated by retail sales of tangible personal property if: (1) the tax on those retail sales, absent the agreement, would have been paid to another unit of local government; and (2) the retailer maintains, within that other unit of local government, a retail location or a warehouse from which the tangible personal property is delivered to purchasers. Authorizes any unit of local government denied retailers' occupation tax revenue because of such an agreement to file an action in circuit court against the municipality or the county. Provides that if the unit of local government prevails in the circuit court action, it is entitled to damages in the amount of the tax revenue it was denied as a result of the agreement, statutory interest, costs, reasonable attorneys' fees, and an amount equal to 50% of the tax. Provides that any agreement to share or rebate retailers' occupation taxes entered into prior to June 1, 2004 is not affected by the provisions of the amendatory Act. Preempts home rule. Effective immediately.

Bill Text

What changed in the latest version

20 added · 68 removed

Plain-language change summary

The recent amendment to Bill SB 2277 changes the distance restriction for locating adult entertainment facilities from 3,000 feet to 1,000 feet from certain places like schools, parks, and religious institutions. This is significant because it potentially allows more adult entertainment facilities to open closer to these sensitive locations, which could lead to community concerns about their impact on families and children. Additionally, the amendment removes a section regarding agreements to share or rebate occupation taxes, simplifying the regulations for county governments regarding tax revenue sharing.

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SB2277 Engrossed LRB093 14712 MKM 40255 b AN ACT concerning local government.
SB2277 Enrolled LRB093 14712 MKM 40255 b AN ACT concerning local government.
The Counties Code is amended by adding Section 5-1014.3 as follows:
The Counties Code is amended by changing Section 5-1097.5 as follows:
(55 ILCS 5/5-1014.3 new) Sec.
(55 ILCS 5/5-1097.5) Sec.
5-1014.3.
5-1097.5.
Agreements to share or rebate occupation taxes.
Adult entertainment facility.
(a) On and after June 1, 2004, a county board shall not enter into any agreement to share or rebate any portion of retailers’ occupation taxes generated by retail sales of tangible personal property if:
It is prohibited within a county to locate an adult entertainment facility within 3,000 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.
(1) the tax on those retail sales, absent the agreement, would have been paid to another unit of local government;
For the purposes of this Section, "adult entertainment facility" means (i) a striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions or (ii) an adult bookstore or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions.
and (2) the retailer maintains, within that other unit of local government, a retail location from which the tangible personal property is delivered to purchasers, or a warehouse from which the tangible personal property is delivered to purchasers.
(Source:
Any unit of local government denied retailers’ occupation tax revenue because of an agreement that violates this Section may file an action in circuit court against only the county.
P.A.
Any agreement entered into prior to June 1, 2004 is not affected by this amendatory Act of the 93rd General Assembly.
90-394, eff.
Any unit of local government that prevails in the circuit court action is entitled to damages against the county in the amount of the tax revenue it was denied as a result of the agreement, statutory interest, costs, reasonable attorney’s fees, and an amount equal to 50% of the tax.
1-1-98;
(b) On and after the effective date of this amendatory Act of the 93rd General Assembly, a home rule unit shall not enter into any agreement prohibited by this Section.
90-634, eff.
This Section is a denial and limitation of home rule powers and functions under SB2277 Engrossed - 2 - LRB093 14712 MKM 40255 b subsection (g) of Section 6 of Article VII of the Illinois Constitution.
7-24-98.) Section 99.
Section 10.
The Illinois Municipal Code is amended by adding Section 8-11-21 as follows:
(65 ILCS 5/8-11-21 new) Sec.
8-11-21.
Agreements to share or rebate occupation taxes.
(a) On and after June 1, 2004, the corporate authorities of a municipality shall not enter into any agreement to share or rebate any portion of retailers’ occupation taxes generated by retail sales of tangible personal property if:
(1) the tax on those retail sales, absent the agreement, would have been paid to another unit of local government;
and (2) the retailer maintains, within that other unit of local government, a retail location from which the tangible personal property is delivered to purchasers, or a warehouse from which the tangible personal property is delivered to purchasers.
Any unit of local government denied retailers’ occupation tax revenue because of an agreement that violates this Section may file an action in circuit court against only the municipality.
Any agreement entered into prior to June 1, 2004 is not affected by this amendatory Act of the 93rd General Assembly.
Any unit of local government that prevails in the circuit court action is entitled to damages against the municipality in the amount of the tax revenue it was denied as a result of the agreement, statutory interest, costs, reasonable attorney’s fees, and an amount equal to 50% of the tax.
(b) On and after the effective date of this amendatory Act of the 93rd General Assembly, a home rule unit shall not enter into any agreement prohibited by this Section.
This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
SB2277 Engrossed - 3 - LRB093 14712 MKM 40255 b Section 99.
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Action History

  1. Public Act . . . . . . . . . 93-1056

  2. Effective Date November 23, 2004

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 059-000-000

  7. Added as Co-Sponsor Sen. Jacqueline Y. Collins

  8. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Local Government; 010-000-000

  9. Added as Chief Co-Sponsor Sen. Richard J. Winkel, Jr.

  10. Sponsor Removed Sen. Wendell E. Jones

  11. House Committee Amendment No. 1 Motion to Concur Rules Referred to Local Government

  12. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  13. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William E. Peterson

  14. Placed on Calendar Order of Concurrence House Amendment(s) 01-November 17, 2004

  15. Secretary's Desk - Concurrence House Amendment(s) 01

  16. Third Reading - Short Debate - Passed 117-000-000

  17. 3/5 Vote Required

  18. Placed on Calendar Order of 3rd Reading - Short Debate

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass as Amended / Short Debate Local Government Committee; 018-000-000

  22. House Committee Amendment No. 1 Adopted in Local Government Committee; by Voice Vote

  23. House Committee Amendment No. 1 Filed with Clerk by Local Government Committee

  24. Added Alternate Chief Co-Sponsor Rep. Roger L. Eddy

  25. Motion to Suspend Rule 25 - Prevailed by Voice Vote

  26. Alternate Chief Sponsor Changed to Rep. William B. Black

  27. Assigned to Local Government Committee

  28. Rule 19(a) / Re-referred to Rules Committee

  29. Added Alternate Chief Co-Sponsor Rep. Ruth Munson

  30. Assigned to Revenue Committee

  31. Referred to Rules Committee

  32. First Reading

  33. Chief House Sponsor Rep. Eileen Lyons

  34. Placed on Calendar Order of First Reading

  35. Arrived in House

  36. Third Reading - Passed; 051-000-000

  37. Added as Co-Sponsor Sen. Mattie Hunter

  38. Added as Chief Co-Sponsor Sen. Wendell E. Jones

  39. Added as Chief Co-Sponsor Sen. Susan Garrett

  40. Placed on Calendar Order of 3rd Reading February 26, 2004

  41. Second Reading

  42. Placed on Calendar Order of 2nd Reading February 25, 2004

  43. Do Pass as Amended Local Government; 008-000-000

  44. Senate Committee Amendment No. 1 Adopted

  45. Added as Chief Co-Sponsor Sen. John J. Cullerton

  46. Chief Sponsor Changed to Sen. William E. Peterson

  47. Postponed - Local Government

  48. Senate Committee Amendment No. 1 Rules Refers to Local Government

  49. Senate Committee Amendment No. 1 Referred to Rules

  50. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  51. Assigned to Local Government

  52. Referred to Rules

  53. First Reading

  54. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • William E. Peterson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William E. Peterson

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 51000
Democrat 7000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Soden — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Forby — Yea
Meeks — Yea
Peterson — Yea
Sieben — Yea
Silverstein — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Petka — Yea
Geo-Karis — Yea
Haine — Yea
Halvorson — Yea
Sullivan, J. — Yea
Link — Yea
Luechtefeld — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Demuzio — Yea
Radogno — Yea
Schoenberg — Yea
Shadid — Yea
Trotter — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Hendon — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 3000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Kurtz — Yea
Lang — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McAuliffe — Yea
D'Amico — Yea
Morrow — Yea
Hamos — Yea
Myers — Yea
Hultgren — Yea
Jefferson — Yea
Osmond — Yea
Parke — Yea
Leitch — Yea
Lindner — Yea
Phelps — Yea
Pihos — Yea
Bailey — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Lyons, Eileen — Yea
Mathias — Yea
McCarthy — Yea
Reitz — Yea
Lyons, Joseph — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
McGuire — Yea
Washington — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Holbrook — Yea
Krause — Yea
Watson — Yea
Jones — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Madigan — Yea
Munson — Yea
Nekritz — Yea
Osterman — Yea
Pankau — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Hassert — Not Voting
Jakobsson — Yea
Kosel — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 43008
Democrat 7000
Republican 1000
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Silverstein — Yea
Soden — Not Voting
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Not Voting
Forby — Yea
Halvorson — Not Voting
Sieben — Yea
Munoz — Yea
Trotter — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Clayborne — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Lauzen — Yea
Demuzio — Yea
Link — Yea
Maloney — Yea
Meeks — Not Voting
Obama — Not Voting
Schoenberg — Yea
Shadid — Yea
Viverito — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Winkel — Yea
Wojcik — Yea
Peterson — Yea
Radogno — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

What does SB 2277 do?
Amends the Counties Code and the Illinois Municipal Code. Provides that, on and after June 1, 2004, neither a county board nor the corporate authorities of a municipality nor a retailer may enter into any agreement to share or rebate any portion of retailers' occupation taxes generated by retail sales of tangible personal property if: (1) the tax on those retail sales, absent the agreement, would have been paid to another unit of local government; and (2) the retailer maintains, within that other unit of local government, a retail location or a warehouse from which the tangible personal property is delivered to purchasers. Authorizes any unit of local government denied retailers' occupation tax revenue because of such an agreement to file an action in circuit court against the municipality or the county. Provides that if the unit of local government prevails in the circuit court action, it is entitled to damages in the amount of the tax revenue it was denied as a result of the agreement, statutory interest, costs, reasonable attorneys' fees, and an amount equal to 50% of the tax. Provides that any agreement to share or rebate retailers' occupation taxes entered into prior to June 1, 2004 is not affected by the provisions of the amendatory Act. Preempts home rule. Effective immediately.
Who sponsors SB 2277?
SB 2277 is sponsored by William E. Peterson.
What is the current status of SB 2277?
This bill has been enacted into law. Introduced January 22, 2004. Enacted.
Where can I track SB 2277?
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