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91_HB0495ham001
LRB9100917MWpcam
1 AMENDMENT TO HOUSE BILL 495
2 AMENDMENT NO. . Amend House Bill 495 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The State Revenue Sharing Act is amended by
5 changing Section 1 as follows:
6 (30 ILCS 115/1) (from Ch. 85, par. 611)
7 Sec. 1. Local Government Distributive Fund. Through June
8 30, 1994, as soon as may be after the first day of each month
9 the Department of Revenue shall certify to the Treasurer an
10 amount equal to 1/12 of the net revenue realized from the tax
11 imposed by subsections (a) and (b) of Section 201 of the
12 Illinois Income Tax Act during the preceding month.
13 Beginning July 1, 1994, and continuing through June 30, 1995,
14 as soon as may be after the first day of each month, the
15 Department of Revenue shall certify to the Treasurer an
16 amount equal to 1/11 of the net revenue realized from the tax
17 imposed by subsections (a) and (b) of Section 201 of the
18 Illinois Income Tax Act during the preceding month.
19 Beginning January 1, 2000 and thereafter July 1, 1995, as
20 soon as may be after the first day of each month, of the
21 amounts collected under subsections (a) and (b) of Section
22 201 of the Illinois Income Tax Act, minus deposits into the
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1 Income Tax Refund Fund, the Department of Revenue shall
2 deposit 10% into the Local Government Distributive Fund
3 certify to the Treasurer an amount equal to 1/10 of the net
4 revenue realized from the tax imposed by subsections (a) and
5 (b) of Section 201 of the Illinois Income Tax Act during the
6 preceding month. Net revenue realized for a month shall be
7 defined as the revenue from the tax imposed by subsections
8 (a) and (b) of Section 201 of the Illinois Income Tax Act
9 which is deposited in the General Revenue Fund, the Education
10 Assistance Fund and the Income Tax Surcharge Local Government
11 Distributive Fund during the month minus the amount paid out
12 of the General Revenue Fund in State warrants during that
13 same month as refunds to taxpayers for overpayment of
14 liability under the tax imposed by subsections (a) and (b) of
15 Section 201 of the Illinois Income Tax Act. Upon receipt of
16 such certification, the Treasurer shall transfer from the
17 General Revenue Fund to a special fund in the State treasury,
18 to be known as the "Local Government Distributive Fund", the
19 amount shown on such certification.
20 All amounts paid into the Local Government Distributive
21 Fund in accordance with this Section and allocated pursuant
22 to this Act are appropriated on a continuing basis.
23 (Source: P.A. 88-89.)
24 Section 10. The Illinois Income Tax Act is amended by
25 changing Section 901 as follows:
26 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
27 Sec. 901. Collection Authority.
28 (a) In general.
29 The Department shall collect the taxes imposed by this
30 Act. The Department shall collect certified past due child
31 support amounts under Section 39b52 of the Civil
32 Administrative Code of Illinois. Except as provided in
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1 subsections (b), (c), and (e) of this Section, money
2 collected pursuant to subsections (a) and (b) of Section 201
3 of this Act shall be paid into the General Revenue Fund in
4 the State treasury; money collected pursuant to subsections
5 (c) and (d) of Section 201 of this Act shall be paid into the
6 Personal Property Tax Replacement Fund, a special fund in the
7 State Treasury; and money collected under Section 39b52 of
8 the Civil Administrative Code of Illinois shall be paid into
9 the Child Support Enforcement Trust Fund, a special fund
10 outside the State Treasury.
11 (b) Local Governmental Distributive Fund.
12 Beginning August 1, 1969, and continuing through June 30,
13 1994, the Treasurer shall transfer each month from the
14 General Revenue Fund to a special fund in the State treasury,
15 to be known as the "Local Government Distributive Fund", an
16 amount equal to 1/12 of the net revenue realized from the tax
17 imposed by subsections (a) and (b) of Section 201 of this Act
18 during the preceding month. Beginning July 1, 1994, and
19 continuing through June 30, 1995, the Treasurer shall
20 transfer each month from the General Revenue Fund to the
21 Local Government Distributive Fund an amount equal to 1/11 of
22 the net revenue realized from the tax imposed by subsections
23 (a) and (b) of Section 201 of this Act during the preceding
24 month. Beginning January 1, 2000 July 1, 1995, the Treasurer
25 shall transfer each month from the General Revenue Fund to of
26 the amounts collected under subsections (a) and (b) of
27 Section 201 of this Act, minus deposits into the Income Tax
28 Refund Fund, the Department shall deposit 10% into the Local
29 Government Distributive Fund an amount equal to 1/10 of the
30 net revenue realized from the tax imposed by subsections (a)
31 and (b) of Section 201 of the Illinois Income Tax Act during
32 the preceding month. Net revenue realized for a month shall
33 be defined as the revenue from the tax imposed by subsections
34 (a) and (b) of Section 201 of this Act which is deposited in
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1 the General Revenue Fund, the Educational Assistance Fund and
2 the Income Tax Surcharge Local Government Distributive Fund
3 during the month minus the amount paid out of the General
4 Revenue Fund in State warrants during that same month as
5 refunds to taxpayers for overpayment of liability under the
6 tax imposed by subsections (a) and (b) of Section 201 of this
7 Act.
8 (c) Deposits Into Income Tax Refund Fund.
9 (1) Beginning on January 1, 1989 and thereafter,
10 the Department shall deposit a percentage of the amounts
11 collected pursuant to subsections (a) and (b)(1), (2),
12 and (3), of Section 201 of this Act into a fund in the
13 State treasury known as the Income Tax Refund Fund. The
14 Department shall deposit 6% of such amounts during the
15 period beginning January 1, 1989 and ending on June 30,
16 1989. Beginning with State fiscal year 1990 and for each
17 fiscal year thereafter, the percentage deposited into the
18 Income Tax Refund Fund during a fiscal year shall be the
19 Annual Percentage. For fiscal years 1999 through 2001,
20 the Annual Percentage shall be 7.1%. For all other
21 fiscal years, the Annual Percentage shall be calculated
22 as a fraction, the numerator of which shall be the amount
23 of refunds approved for payment by the Department during
24 the preceding fiscal year as a result of overpayment of
25 tax liability under subsections (a) and (b)(1), (2), and
26 (3) of Section 201 of this Act plus the amount of such
27 refunds remaining approved but unpaid at the end of the
28 preceding fiscal year, the denominator of which shall be
29 the amounts which will be collected pursuant to
30 subsections (a) and (b)(1), (2), and (3) of Section 201
31 of this Act during the preceding fiscal year. The
32 Director of Revenue shall certify the Annual Percentage
33 to the Comptroller on the last business day of the fiscal
34 year immediately preceding the fiscal year for which it
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1 is to be effective.
2 (2) Beginning on January 1, 1989 and thereafter,
3 the Department shall deposit a percentage of the amounts
4 collected pursuant to subsections (a) and (b)(6), (7),
5 and (8), (c) and (d) of Section 201 of this Act into a
6 fund in the State treasury known as the Income Tax Refund
7 Fund. The Department shall deposit 18% of such amounts
8 during the period beginning January 1, 1989 and ending on
9 June 30, 1989. Beginning with State fiscal year 1990 and
10 for each fiscal year thereafter, the percentage deposited
11 into the Income Tax Refund Fund during a fiscal year
12 shall be the Annual Percentage. For fiscal years 1999,
13 2000, and 2001, the Annual Percentage shall be 19%. For
14 all other fiscal years, the Annual Percentage shall be
15 calculated as a fraction, the numerator of which shall be
16 the amount of refunds approved for payment by the
17 Department during the preceding fiscal year as a result
18 of overpayment of tax liability under subsections (a) and
19 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
20 Act plus the amount of such refunds remaining approved
21 but unpaid at the end of the preceding fiscal year, the
22 denominator of which shall be the amounts which will be
23 collected pursuant to subsections (a) and (b)(6), (7),
24 and (8), (c) and (d) of Section 201 of this Act during
25 the preceding fiscal year. The Director of Revenue shall
26 certify the Annual Percentage to the Comptroller on the
27 last business day of the fiscal year immediately
28 preceding the fiscal year for which it is to be
29 effective.
30 (d) Expenditures from Income Tax Refund Fund.
31 (1) Beginning January 1, 1989, money in the Income
32 Tax Refund Fund shall be expended exclusively for the
33 purpose of paying refunds resulting from overpayment of
34 tax liability under Section 201 of this Act and for
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1 making transfers pursuant to this subsection (d).
2 (2) The Director shall order payment of refunds
3 resulting from overpayment of tax liability under Section
4 201 of this Act from the Income Tax Refund Fund only to
5 the extent that amounts collected pursuant to Section 201
6 of this Act and transfers pursuant to this subsection (d)
7 have been deposited and retained in the Fund.
8 (3) As soon as possible after the end of each
9 fiscal year, the Director shall order transferred and the
10 State Treasurer and State Comptroller shall transfer from
11 the Income Tax Refund Fund to the Personal Property Tax
12 Replacement Fund an amount, certified by the Director to
13 the Comptroller, equal to the excess of the amount
14 collected pursuant to subsections (c) and (d) of Section
15 201 of this Act deposited into the Income Tax Refund Fund
16 during the fiscal year over the amount of refunds
17 resulting from overpayment of tax liability under
18 subsections (c) and (d) of Section 201 of this Act paid
19 from the Income Tax Refund Fund during the fiscal year.
20 (4) As soon as possible after the end of each
21 fiscal year, the Director shall order transferred and the
22 State Treasurer and State Comptroller shall transfer from
23 the Personal Property Tax Replacement Fund to the Income
24 Tax Refund Fund an amount, certified by the Director to
25 the Comptroller, equal to the excess of the amount of
26 refunds resulting from overpayment of tax liability under
27 subsections (c) and (d) of Section 201 of this Act paid
28 from the Income Tax Refund Fund during the fiscal year
29 over the amount collected pursuant to subsections (c) and
30 (d) of Section 201 of this Act deposited into the Income
31 Tax Refund Fund during the fiscal year.
32 (4.5) As soon as possible after the end of fiscal
33 year 1999 and of each fiscal year thereafter, the
34 Director shall order transferred and the State Treasurer
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1 and State Comptroller shall transfer from the Income Tax
2 Refund Fund to the General Revenue Fund any surplus
3 remaining in the Income Tax Refund Fund as of the end of
4 such fiscal year.
5 (5) This Act shall constitute an irrevocable and
6 continuing appropriation from the Income Tax Refund Fund
7 for the purpose of paying refunds upon the order of the
8 Director in accordance with the provisions of this
9 Section.
10 (e) Deposits into the Education Assistance Fund and the
11 Income Tax Surcharge Local Government Distributive Fund.
12 On July 1, 1991, and thereafter, of the amounts collected
13 pursuant to subsections (a) and (b) of Section 201 of this
14 Act, minus deposits into the Income Tax Refund Fund, the
15 Department shall deposit 7.3% into the Education Assistance
16 Fund in the State Treasury. Beginning July 1, 1991, and
17 continuing through January 31, 1993, of the amounts collected
18 pursuant to subsections (a) and (b) of Section 201 of the
19 Illinois Income Tax Act, minus deposits into the Income Tax
20 Refund Fund, the Department shall deposit 3.0% into the
21 Income Tax Surcharge Local Government Distributive Fund in
22 the State Treasury. Beginning February 1, 1993 and
23 continuing through June 30, 1993, of the amounts collected
24 pursuant to subsections (a) and (b) of Section 201 of the
25 Illinois Income Tax Act, minus deposits into the Income Tax
26 Refund Fund, the Department shall deposit 4.4% into the
27 Income Tax Surcharge Local Government Distributive Fund in
28 the State Treasury. Beginning July 1, 1993, and continuing
29 through June 30, 1994, of the amounts collected under
30 subsections (a) and (b) of Section 201 of this Act, minus
31 deposits into the Income Tax Refund Fund, the Department
32 shall deposit 1.475% into the Income Tax Surcharge Local
33 Government Distributive Fund in the State Treasury.
34 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
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1 90-655, eff. 7-30-98.)".