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91_HB0495eng
HB0495 Engrossed LRB9100917MWtm
1 AN ACT concerning transfers to the Local Government
2 Distributive 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 and thereafter July 1, 1995, as
21 soon as may be after the first day of each month, of the
22 amounts collected under subsections (a) and (b) of Section
23 201 of the Illinois Income Tax Act, minus deposits into the
24 Income Tax Refund Fund, the Department of Revenue shall
25 deposit 10% into the Local Government Distributive Fund
26 certify to the Treasurer an amount equal to 1/10 of the net
27 revenue realized from the tax imposed by subsections (a) and
28 (b) of Section 201 of the Illinois Income Tax Act during the
29 preceding month. Net revenue realized for a month shall be
30 defined as the revenue from the tax imposed by subsections
31 (a) and (b) of Section 201 of the Illinois Income Tax Act
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1 which is deposited in the General Revenue Fund, the Education
2 Assistance Fund and the Income Tax Surcharge Local Government
3 Distributive Fund during the month minus the amount paid out
4 of the General Revenue Fund in State warrants during that
5 same month as refunds to taxpayers for overpayment of
6 liability under the tax imposed by subsections (a) and (b) of
7 Section 201 of the Illinois Income Tax Act. Upon receipt of
8 such certification, the Treasurer shall transfer from the
9 General Revenue Fund to a special fund in the State treasury,
10 to be known as the "Local Government Distributive Fund", the
11 amount shown on such certification.
12 All amounts paid into the Local Government Distributive
13 Fund in accordance with this Section and allocated pursuant
14 to this Act are appropriated on a continuing basis.
15 (Source: P.A. 88-89.)
16 Section 10. The Illinois Income Tax Act is amended by
17 changing Section 901 as follows:
18 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
19 Sec. 901. Collection Authority.
20 (a) In general.
21 The Department shall collect the taxes imposed by this
22 Act. The Department shall collect certified past due child
23 support amounts under Section 39b52 of the Civil
24 Administrative Code of Illinois. Except as provided in
25 subsections (b), (c), and (e) of this Section, money
26 collected pursuant to subsections (a) and (b) of Section 201
27 of this Act shall be paid into the General Revenue Fund in
28 the State treasury; money collected pursuant to subsections
29 (c) and (d) of Section 201 of this Act shall be paid into the
30 Personal Property Tax Replacement Fund, a special fund in the
31 State Treasury; and money collected under Section 39b52 of
32 the Civil Administrative Code of Illinois shall be paid into
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1 the Child Support Enforcement Trust Fund, a special fund
2 outside the State Treasury.
3 (b) Local Governmental Distributive Fund.
4 Beginning August 1, 1969, and continuing through June 30,
5 1994, the Treasurer shall transfer each month from the
6 General Revenue Fund to a special fund in the State treasury,
7 to be known as the "Local Government Distributive Fund", an
8 amount equal to 1/12 of the net revenue realized from the tax
9 imposed by subsections (a) and (b) of Section 201 of this Act
10 during the preceding month. Beginning July 1, 1994, and
11 continuing through June 30, 1995, the Treasurer shall
12 transfer each month from the General Revenue Fund to the
13 Local Government Distributive Fund an amount equal to 1/11 of
14 the net revenue realized from the tax imposed by subsections
15 (a) and (b) of Section 201 of this Act during the preceding
16 month. Beginning January 1, 2000 July 1, 1995, the Treasurer
17 shall transfer each month from the General Revenue Fund to of
18 the amounts collected under subsections (a) and (b) of
19 Section 201 of this Act, minus deposits into the Income Tax
20 Refund Fund, the Department shall deposit 10% into the Local
21 Government Distributive Fund an amount equal to 1/10 of the
22 net revenue realized from the tax imposed by subsections (a)
23 and (b) of Section 201 of the Illinois Income Tax Act during
24 the preceding month. Net revenue realized for a month shall
25 be defined as the revenue from the tax imposed by subsections
26 (a) and (b) of Section 201 of this Act which is deposited in
27 the General Revenue Fund, the Educational Assistance Fund and
28 the Income Tax Surcharge Local Government Distributive Fund
29 during the month minus the amount paid out of the General
30 Revenue Fund in State warrants during that same month as
31 refunds to taxpayers for overpayment of liability under the
32 tax imposed by subsections (a) and (b) of Section 201 of this
33 Act.
34 (c) Deposits Into Income Tax Refund Fund.
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1 (1) Beginning on January 1, 1989 and thereafter,
2 the Department shall deposit a percentage of the amounts
3 collected pursuant to subsections (a) and (b)(1), (2),
4 and (3), of Section 201 of this Act into a fund in the
5 State treasury known as the Income Tax Refund Fund. The
6 Department shall deposit 6% of such amounts during the
7 period beginning January 1, 1989 and ending on June 30,
8 1989. Beginning with State fiscal year 1990 and for each
9 fiscal year thereafter, the percentage deposited into the
10 Income Tax Refund Fund during a fiscal year shall be the
11 Annual Percentage. For fiscal years 1999 through 2001,
12 the Annual Percentage shall be 7.1%. For all other
13 fiscal years, the Annual Percentage shall be calculated
14 as a fraction, the numerator of which shall be the amount
15 of refunds approved for payment by the Department during
16 the preceding fiscal year as a result of overpayment of
17 tax liability under subsections (a) and (b)(1), (2), and
18 (3) of Section 201 of this Act plus the amount of such
19 refunds remaining approved but unpaid at the end of the
20 preceding fiscal year, the denominator of which shall be
21 the amounts which will be collected pursuant to
22 subsections (a) and (b)(1), (2), and (3) of Section 201
23 of this Act during the preceding fiscal year. The
24 Director of Revenue shall certify the Annual Percentage
25 to the Comptroller on the last business day of the fiscal
26 year immediately preceding the fiscal year for which it
27 is to be effective.
28 (2) Beginning on January 1, 1989 and thereafter,
29 the Department shall deposit a percentage of the amounts
30 collected pursuant to subsections (a) and (b)(6), (7),
31 and (8), (c) and (d) of Section 201 of this Act into a
32 fund in the State treasury known as the Income Tax Refund
33 Fund. The Department shall deposit 18% of such amounts
34 during the period beginning January 1, 1989 and ending on
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1 June 30, 1989. Beginning with State fiscal year 1990 and
2 for each fiscal year thereafter, the percentage deposited
3 into the Income Tax Refund Fund during a fiscal year
4 shall be the Annual Percentage. For fiscal years 1999,
5 2000, and 2001, the Annual Percentage shall be 19%. For
6 all other fiscal years, the Annual Percentage shall be
7 calculated as a fraction, the numerator of which shall be
8 the amount of refunds approved for payment by the
9 Department during the preceding fiscal year as a result
10 of overpayment of tax liability under subsections (a) and
11 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
12 Act plus the amount of such refunds remaining approved
13 but unpaid at the end of the preceding fiscal year, the
14 denominator of which shall be the amounts which will be
15 collected pursuant to subsections (a) and (b)(6), (7),
16 and (8), (c) and (d) of Section 201 of this Act during
17 the preceding fiscal year. The Director of Revenue shall
18 certify the Annual Percentage to the Comptroller on the
19 last business day of the fiscal year immediately
20 preceding the fiscal year for which it is to be
21 effective.
22 (d) Expenditures from Income Tax Refund Fund.
23 (1) Beginning January 1, 1989, money in the Income
24 Tax Refund Fund shall be expended exclusively for the
25 purpose of paying refunds resulting from overpayment of
26 tax liability under Section 201 of this Act and for
27 making transfers pursuant to this subsection (d).
28 (2) The Director shall order payment of refunds
29 resulting from overpayment of tax liability under Section
30 201 of this Act from the Income Tax Refund Fund only to
31 the extent that amounts collected pursuant to Section 201
32 of this Act and transfers pursuant to this subsection (d)
33 have been deposited and retained in the Fund.
34 (3) As soon as possible after the end of each
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1 fiscal year, the Director shall order transferred and the
2 State Treasurer and State Comptroller shall transfer from
3 the Income Tax Refund Fund to the Personal Property Tax
4 Replacement Fund an amount, certified by the Director to
5 the Comptroller, equal to the excess of the amount
6 collected pursuant to subsections (c) and (d) of Section
7 201 of this Act deposited into the Income Tax Refund Fund
8 during the fiscal year over the amount of refunds
9 resulting from overpayment of tax liability under
10 subsections (c) and (d) of Section 201 of this Act paid
11 from the Income Tax Refund Fund during the fiscal year.
12 (4) As soon as possible after the end of each
13 fiscal year, the Director shall order transferred and the
14 State Treasurer and State Comptroller shall transfer from
15 the Personal Property Tax Replacement Fund to the Income
16 Tax Refund Fund an amount, certified by the Director to
17 the Comptroller, equal to the excess of the amount of
18 refunds resulting from overpayment of tax liability under
19 subsections (c) and (d) of Section 201 of this Act paid
20 from the Income Tax Refund Fund during the fiscal year
21 over the amount collected pursuant to subsections (c) and
22 (d) of Section 201 of this Act deposited into the Income
23 Tax Refund Fund during the fiscal year.
24 (4.5) As soon as possible after the end of fiscal
25 year 1999 and of each fiscal year thereafter, the
26 Director shall order transferred and the State Treasurer
27 and State Comptroller shall transfer from the Income Tax
28 Refund Fund to the General Revenue Fund any surplus
29 remaining in the Income Tax Refund Fund as of the end of
30 such fiscal year.
31 (5) This Act shall constitute an irrevocable and
32 continuing appropriation from the Income Tax Refund Fund
33 for the purpose of paying refunds upon the order of the
34 Director in accordance with the provisions of this
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1 Section.
2 (e) Deposits into the Education Assistance Fund and the
3 Income Tax Surcharge Local Government Distributive Fund.
4 On July 1, 1991, and thereafter, of the amounts collected
5 pursuant to subsections (a) and (b) of Section 201 of this
6 Act, minus deposits into the Income Tax Refund Fund, the
7 Department shall deposit 7.3% into the Education Assistance
8 Fund in the State Treasury. Beginning July 1, 1991, and
9 continuing through January 31, 1993, of the amounts collected
10 pursuant to subsections (a) and (b) of Section 201 of the
11 Illinois Income Tax Act, minus deposits into the Income Tax
12 Refund Fund, the Department shall deposit 3.0% into the
13 Income Tax Surcharge Local Government Distributive Fund in
14 the State Treasury. Beginning February 1, 1993 and
15 continuing through June 30, 1993, of the amounts collected
16 pursuant to subsections (a) and (b) of Section 201 of the
17 Illinois Income Tax Act, minus deposits into the Income Tax
18 Refund Fund, the Department shall deposit 4.4% into the
19 Income Tax Surcharge Local Government Distributive Fund in
20 the State Treasury. Beginning July 1, 1993, and continuing
21 through June 30, 1994, of the amounts collected under
22 subsections (a) and (b) of Section 201 of this Act, minus
23 deposits into the Income Tax Refund Fund, the Department
24 shall deposit 1.475% into the Income Tax Surcharge Local
25 Government Distributive Fund in the State Treasury.
26 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
27 90-655, eff. 7-30-98.)
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