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| | SB3320 Engrossed | | LRB097 16527 HLH 61696 b |
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| 1 | | AN ACT concerning revenue.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Income Tax Act is amended by |
| 5 | | changing Sections 509 and 509.1 as follows:
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| 6 | | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
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| 7 | | Sec. 509. Tax checkoff explanations. All individual income |
| 8 | | tax return forms
shall contain appropriate explanations and |
| 9 | | spaces to enable the taxpayers to
designate contributions to |
| 10 | | the funds to which contributions may be made under this Article |
| 11 | | 5.
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| 12 | | Each form shall contain a statement that the contributions |
| 13 | | will reduce the
taxpayer's refund or increase the amount of |
| 14 | | payment to accompany the return.
Failure to remit any amount of |
| 15 | | increased payment shall reduce the contribution
accordingly.
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| 16 | | Except as otherwise provided in this Section, if, If, on |
| 17 | | October 1 of any year, the total contributions to any one of |
| 18 | | the
funds made under this Article 5 do not equal $100,000 or |
| 19 | | more, the explanations
and spaces for designating |
| 20 | | contributions to the fund shall be removed from the
individual |
| 21 | | income tax return forms for the following and all subsequent |
| 22 | | years
and all subsequent contributions to the fund shall be |
| 23 | | refunded to the taxpayer. Notwithstanding any other provision |
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| 1 | | of this Section to the contrary, any fund that received less |
| 2 | | than $100,000 but more than $90,000 by October 1, 2011 shall |
| 3 | | also be included on the individual income tax form for the |
| 4 | | taxable year beginning on January 1, 2012. However, if a fund |
| 5 | | that received less than $100,000 but more than $90,000 by |
| 6 | | October 1, 2011 does not receive at least $100,000 in |
| 7 | | contributions by October 1, 2013, or by October 1 of any |
| 8 | | subsequent year, then the fund shall be removed from the
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| 9 | | individual income tax return forms for each year following the |
| 10 | | year in which the fund did not receive at least $100,000,
and |
| 11 | | all subsequent contributions to the fund shall be refunded to |
| 12 | | the taxpayer.
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| 13 | | (Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07; |
| 14 | | 95-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff. |
| 15 | | 8-11-09.)
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| 16 | | (35 ILCS 5/509.1) |
| 17 | | Sec. 509.1. Removal of excess tax-checkoff funds. |
| 18 | | Notwithstanding any provisions of this Act to the contrary, |
| 19 | | beginning on the effective date of this amendatory Act of the |
| 20 | | 95th General Assembly, there may not be more than 15 |
| 21 | | tax-checkoff funds contained on the individual tax return form |
| 22 | | at any one time. Each year, the Department shall determine |
| 23 | | whether the sum of (i) the number of new tax-checkoff funds |
| 24 | | created by the General Assembly during that year plus (ii) the |
| 25 | | number of tax-checkoff funds that collected at least the |
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| 1 | | minimum amount of contributions required under Section 509 |
| 2 | | $100,000 during the previous year exceeds 15. If so, then the |
| 3 | | Department shall remove a number of tax-checkoff funds that |
| 4 | | were on the return during the previous year that is equal to |
| 5 | | the sum of items (i) and (ii) minus 15, starting with the |
| 6 | | tax-checkoff fund that received the least amount of |
| 7 | | contributions and working upward until a sufficient number of |
| 8 | | funds have been removed.
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| 9 | | (Source: P.A. 95-435, eff. 8-27-07.)
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| 10 | | Section 99. Effective date. This Act takes effect upon |
| 11 | | becoming law. |