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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0495
LRB9100917MWtm
1 AN ACT concerning transfers to the Local Government
2 Distributions Fund, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Revenue Sharing Act is amended by
6 changing Section 1 as follows:
7 (30 ILCS 115/1) (from Ch. 85, par. 611)
8 Sec. 1. Local Government Distributive Fund. Through June
9 30, 1994, as soon as may be after the first day of each month
10 the Department of Revenue shall certify to the Treasurer an
11 amount equal to 1/12 of the net revenue realized from the tax
12 imposed by subsections (a) and (b) of Section 201 of the
13 Illinois Income Tax Act during the preceding month.
14 Beginning July 1, 1994, and continuing through June 30, 1995,
15 as soon as may be after the first day of each month, the
16 Department of Revenue shall certify to the Treasurer an
17 amount equal to 1/11 of the net revenue realized from the tax
18 imposed by subsections (a) and (b) of Section 201 of the
19 Illinois Income Tax Act during the preceding month.
20 Beginning January 1, 2000 July 1, 1995, as soon as may be
21 after the first day of each month, the Department of Revenue
22 shall deposit into the Local Government Distributive Fund
23 certify to the Treasurer an amount equal to 1/10 of the
24 amount collected under net revenue realized from the tax
25 imposed by subsections (a) and (b) of Section 201 of the
26 Illinois Income Tax Act, minus deposits into the Income Tax
27 Refund Fund during the preceding month. Net revenue realized
28 for a month shall be defined as the revenue from the tax
29 imposed by subsections (a) and (b) of Section 201 of the
30 Illinois Income Tax Act which is deposited in the General
31 Revenue Fund, the Education Assistance Fund and the Income
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1 Tax Surcharge Local Government Distributive Fund during the
2 month minus the amount paid out of the General Revenue Fund
3 in State warrants during that same month as refunds to
4 taxpayers for overpayment of liability under the tax imposed
5 by subsections (a) and (b) of Section 201 of the Illinois
6 Income Tax Act. Upon receipt of such certification, the
7 Treasurer shall transfer from the General Revenue Fund to a
8 special fund in the State treasury, to be known as the "Local
9 Government Distributive Fund", the amount shown on such
10 certification.
11 All amounts paid into the Local Government Distributive
12 Fund in accordance with this Section and allocated pursuant
13 to this Act are appropriated on a continuing basis.
14 (Source: P.A. 88-89.)
15 Section 10. The Illinois Income Tax Act is amended by
16 changing Section 901 as follows:
17 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
18 Sec. 901. Collection Authority.
19 (a) In general.
20 The Department shall collect the taxes imposed by this
21 Act. The Department shall collect certified past due child
22 support amounts under Section 39b52 of the Civil
23 Administrative Code of Illinois. Except as provided in
24 subsections (b), (c), and (e) of this Section, money
25 collected pursuant to subsections (a) and (b) of Section 201
26 of this Act shall be paid into the General Revenue Fund in
27 the State treasury; money collected pursuant to subsections
28 (c) and (d) of Section 201 of this Act shall be paid into the
29 Personal Property Tax Replacement Fund, a special fund in the
30 State Treasury; and money collected under Section 39b52 of
31 the Civil Administrative Code of Illinois shall be paid into
32 the Child Support Enforcement Trust Fund, a special fund
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1 outside the State Treasury.
2 (b) Local Governmental Distributive Fund.
3 Beginning August 1, 1969, and continuing through June 30,
4 1994, the Treasurer shall transfer each month from the
5 General Revenue Fund to a special fund in the State treasury,
6 to be known as the "Local Government Distributive Fund", an
7 amount equal to 1/12 of the net revenue realized from the tax
8 imposed by subsections (a) and (b) of Section 201 of this Act
9 during the preceding month. Beginning July 1, 1994, and
10 continuing through June 30, 1995, the Treasurer shall
11 transfer each month from the General Revenue Fund to the
12 Local Government Distributive Fund an amount equal to 1/11 of
13 the net revenue realized from the tax imposed by subsections
14 (a) and (b) of Section 201 of this Act during the preceding
15 month. Beginning January 1, 2000 July 1, 1995, the
16 Department shall deposit into Treasurer shall transfer each
17 month from the General Revenue Fund to the Local Government
18 Distributive Fund an amount equal to 1/10 of the amounts
19 collected under net revenue realized from the tax imposed by
20 subsections (a) and (b) of Section 201 of the Illinois Income
21 Tax Act, minus deposits into the Income Tax Refund Fund
22 during the preceding month. Net revenue realized for a month
23 shall be defined as the revenue from the tax imposed by
24 subsections (a) and (b) of Section 201 of this Act which is
25 deposited in the General Revenue Fund, the Educational
26 Assistance Fund and the Income Tax Surcharge Local Government
27 Distributive Fund during the month minus the amount paid out
28 of the General Revenue Fund in State warrants during that
29 same month as refunds to taxpayers for overpayment of
30 liability under the tax imposed by subsections (a) and (b) of
31 Section 201 of this Act.
32 (c) Deposits Into Income Tax Refund Fund.
33 (1) Beginning on January 1, 1989 and thereafter,
34 the Department shall deposit a percentage of the amounts
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1 collected pursuant to subsections (a) and (b)(1), (2),
2 and (3), of Section 201 of this Act into a fund in the
3 State treasury known as the Income Tax Refund Fund. The
4 Department shall deposit 6% of such amounts during the
5 period beginning January 1, 1989 and ending on June 30,
6 1989. Beginning with State fiscal year 1990 and for each
7 fiscal year thereafter, the percentage deposited into the
8 Income Tax Refund Fund during a fiscal year shall be the
9 Annual Percentage. For fiscal years 1999 through 2001,
10 the Annual Percentage shall be 7.1%. For all other
11 fiscal years, the Annual Percentage shall be calculated
12 as a fraction, the numerator of which shall be the amount
13 of refunds approved for payment by the Department during
14 the preceding fiscal year as a result of overpayment of
15 tax liability under subsections (a) and (b)(1), (2), and
16 (3) of Section 201 of this Act plus the amount of such
17 refunds remaining approved but unpaid at the end of the
18 preceding fiscal year, the denominator of which shall be
19 the amounts which will be collected pursuant to
20 subsections (a) and (b)(1), (2), and (3) of Section 201
21 of this Act during the preceding fiscal year. The
22 Director of Revenue shall certify the Annual Percentage
23 to the Comptroller on the last business day of the fiscal
24 year immediately preceding the fiscal year for which it
25 is to be effective.
26 (2) Beginning on January 1, 1989 and thereafter,
27 the Department shall deposit a percentage of the amounts
28 collected pursuant to subsections (a) and (b)(6), (7),
29 and (8), (c) and (d) of Section 201 of this Act into a
30 fund in the State treasury known as the Income Tax Refund
31 Fund. The Department shall deposit 18% of such amounts
32 during the period beginning January 1, 1989 and ending on
33 June 30, 1989. Beginning with State fiscal year 1990 and
34 for each fiscal year thereafter, the percentage deposited
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1 into the Income Tax Refund Fund during a fiscal year
2 shall be the Annual Percentage. For fiscal years 1999,
3 2000, and 2001, the Annual Percentage shall be 19%. For
4 all other fiscal years, the Annual Percentage shall be
5 calculated as a fraction, the numerator of which shall be
6 the amount of refunds approved for payment by the
7 Department during the preceding fiscal year as a result
8 of overpayment of tax liability under subsections (a) and
9 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
10 Act plus the amount of such refunds remaining approved
11 but unpaid at the end of the preceding fiscal year, the
12 denominator of which shall be the amounts which will be
13 collected pursuant to subsections (a) and (b)(6), (7),
14 and (8), (c) and (d) of Section 201 of this Act during
15 the preceding fiscal year. The Director of Revenue shall
16 certify the Annual Percentage to the Comptroller on the
17 last business day of the fiscal year immediately
18 preceding the fiscal year for which it is to be
19 effective.
20 (d) Expenditures from Income Tax Refund Fund.
21 (1) Beginning January 1, 1989, money in the Income
22 Tax Refund Fund shall be expended exclusively for the
23 purpose of paying refunds resulting from overpayment of
24 tax liability under Section 201 of this Act and for
25 making transfers pursuant to this subsection (d).
26 (2) The Director shall order payment of refunds
27 resulting from overpayment of tax liability under Section
28 201 of this Act from the Income Tax Refund Fund only to
29 the extent that amounts collected pursuant to Section 201
30 of this Act and transfers pursuant to this subsection (d)
31 have been deposited and retained in the Fund.
32 (3) As soon as possible after the end of each
33 fiscal year, the Director shall order transferred and the
34 State Treasurer and State Comptroller shall transfer from
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1 the Income Tax Refund Fund to the Personal Property Tax
2 Replacement Fund an amount, certified by the Director to
3 the Comptroller, equal to the excess of the amount
4 collected pursuant to subsections (c) and (d) of Section
5 201 of this Act deposited into the Income Tax Refund Fund
6 during the fiscal year over the amount of refunds
7 resulting from overpayment of tax liability under
8 subsections (c) and (d) of Section 201 of this Act paid
9 from the Income Tax Refund Fund during the fiscal year.
10 (4) As soon as possible after the end of each
11 fiscal year, the Director shall order transferred and the
12 State Treasurer and State Comptroller shall transfer from
13 the Personal Property Tax Replacement Fund to the Income
14 Tax Refund Fund an amount, certified by the Director to
15 the Comptroller, equal to the excess of the amount of
16 refunds resulting from overpayment of tax liability under
17 subsections (c) and (d) of Section 201 of this Act paid
18 from the Income Tax Refund Fund during the fiscal year
19 over the amount collected pursuant to subsections (c) and
20 (d) of Section 201 of this Act deposited into the Income
21 Tax Refund Fund during the fiscal year.
22 (4.5) As soon as possible after the end of fiscal
23 year 1999 and of each fiscal year thereafter, the
24 Director shall order transferred and the State Treasurer
25 and State Comptroller shall transfer from the Income Tax
26 Refund Fund to the General Revenue Fund any surplus
27 remaining in the Income Tax Refund Fund as of the end of
28 such fiscal year.
29 (5) This Act shall constitute an irrevocable and
30 continuing appropriation from the Income Tax Refund Fund
31 for the purpose of paying refunds upon the order of the
32 Director in accordance with the provisions of this
33 Section.
34 (e) Deposits into the Education Assistance Fund and the
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1 Income Tax Surcharge Local Government Distributive Fund.
2 On July 1, 1991, and thereafter, of the amounts collected
3 pursuant to subsections (a) and (b) of Section 201 of this
4 Act, minus deposits into the Income Tax Refund Fund, the
5 Department shall deposit 7.3% into the Education Assistance
6 Fund in the State Treasury. Beginning July 1, 1991, and
7 continuing through January 31, 1993, of the amounts collected
8 pursuant to subsections (a) and (b) of Section 201 of the
9 Illinois Income Tax Act, minus deposits into the Income Tax
10 Refund Fund, the Department shall deposit 3.0% into the
11 Income Tax Surcharge Local Government Distributive Fund in
12 the State Treasury. Beginning February 1, 1993 and
13 continuing through June 30, 1993, of the amounts collected
14 pursuant to subsections (a) and (b) of Section 201 of the
15 Illinois Income Tax Act, minus deposits into the Income Tax
16 Refund Fund, the Department shall deposit 4.4% into the
17 Income Tax Surcharge Local Government Distributive Fund in
18 the State Treasury. Beginning July 1, 1993, and continuing
19 through June 30, 1994, of the amounts collected under
20 subsections (a) and (b) of Section 201 of this Act, minus
21 deposits into the Income Tax Refund Fund, the Department
22 shall deposit 1.475% into the Income Tax Surcharge Local
23 Government Distributive Fund in the State Treasury.
24 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
25 90-655, eff. 7-30-98.)