093_SB1935enr

 
SB1935 Enrolled                      LRB093 08833 RCE 09065 b

 1        AN ACT in relation to taxes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4                              ARTICLE 1

 5        Section 1-1.  Earned  income  tax  credit;  continuation;
 6    validation.
 7        (a)  The General Assembly finds and declares:
 8             (1)  Section  212  of  the  Illinois  Income Tax Act
 9        provided for its repeal on June 1, 2003.
10             (2)  Senate Bill 4 of  the  93rd  General  Assembly,
11        among  other  things, deleted the language of Section 212
12        repealing that Section on June 1,  2003.  Senate  Bill  4
13        passed  both  houses  of  the General Assembly on May 31,
14        2003. Senate Bill 4  was  approved  by  the  Governor  on
15        August  18,  2003  and took effect on that date as Public
16        Act 93-534. It was the intention of the General  Assembly
17        in passing Senate Bill 4 that Section 212 of the Illinois
18        Income Tax Act not be repealed.
19             (3)  The  Statute  on  Statutes  sets  forth general
20        rules on the repeal of statutes, but Section  1  of  that
21        Act  also  states  that  these rules will not be observed
22        when the result would be "inconsistent with the  manifest
23        intent  of  the  General  Assembly  or  repugnant  to the
24        context of the statute".
25             (4)  The actions of  the  General  Assembly  clearly
26        manifest  the  intention  of  the General Assembly not to
27        repeal Section 212 of the Illinois Income  Tax  Act.  Any
28        construction  of  Public  Act  93-534 that results in the
29        repeal of Section 212 of the Illinois Income Tax  Act  on
30        June  1,  2003  would  be  inconsistent with the manifest
31        intent of the General Assembly.
 
SB1935 Enrolled            -2-       LRB093 08833 RCE 09065 b
 1        (b)  It is hereby declared to have been the intent of the
 2    General Assembly, in enacting Public Act 93-534, that Section
 3    212 of the Illinois Income Tax Act be changed to, among other
 4    things, eliminate its repeal and that it not  be  subject  to
 5    repeal on June 1, 2003.
 6        (c)  Section 212 of the Illinois Income Tax Act is deemed
 7    to   have  been  in  continuous  effect  since  its  original
 8    effective date, and it shall continue to be in  effect  until
 9    it is otherwise repealed.
10        (d)  All otherwise lawful actions taken in reliance on or
11    pursuant to Section 212 of the Illinois Income Tax Act before
12    the effective date of this amendatory Act of the 93rd General
13    Assembly  by any officer or agency of State government or any
14    other person or entity are validated.
15        (e)  To ensure the continuing  effectiveness  of  Section
16    212  of  the Illinois Income Tax Act, it is set forth in full
17    and re-enacted by this Act. This re-enactment is intended  as
18    a continuation of Section 212 of the Illinois Income Tax Act.
19        (f)  This   Article   applies  to  all  claims,  actions,
20    proceedings, and returns pending on or filed on,  before,  or
21    after the effective date of this Act.

22        Section   1-5.  The Illinois Income Tax Act is amended by
23    re-enacting Section 212 as follows:

24        (35 ILCS 5/212)
25        Sec. 212.  Earned income tax credit.
26        (a)  With respect to the federal earned income tax credit
27    allowed for the taxable year under Section 32 of the  federal
28    Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer
29    is   entitled   to  a  credit  against  the  tax  imposed  by
30    subsections (a) and (b) of Section 201 in an amount equal  to
31    5%  of the federal tax credit for each taxable year beginning
32    on or after January 1, 2000.
 
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 1        For a non-resident or part-year resident, the  amount  of
 2    the  credit  under this Section shall be in proportion to the
 3    amount of income attributable to this State.
 4        (b)  For taxable years beginning before January 1,  2003,
 5    in  no  event  shall  a  credit under this Section reduce the
 6    taxpayer's liability to less than  zero.   For  each  taxable
 7    year  beginning on or after January 1, 2003, if the amount of
 8    the  credit  exceeds  the  income  tax  liability   for   the
 9    applicable tax year, then the excess credit shall be refunded
10    to  the  taxpayer.   The  amount  of  a  refund  shall not be
11    included in  the  taxpayer's  income  or  resources  for  the
12    purposes  of  determining eligibility or benefit level in any
13    means-tested benefit program administered by  a  governmental
14    entity unless required by federal law.
15        (b-5)  Refunds  authorized  by subsection (b) are subject
16    to the availability  of  funds  from  the  federal  Temporary
17    Assistance  for  Needy  Families  Block Grant and the State's
18    ability to meet its required Maintenance of Effort.
19        (c)  This  Section  is  exempt  from  the  provisions  of
20    Section 250.
21    (Source: P.A. 93-534, eff. 8-18-03.)

22                              ARTICLE 2

23        Section 2-1.  The State Finance Act is amended by  adding
24    Section 8.27a as follows:

25        (30 ILCS 105/8.27a new)
26        Sec.  8.27a. TANF funds; earned income tax credit.  Funds
27    from the federal  Temporary  Assistance  for  Needy  Families
28    block  grant  under Title IV-A of the federal Social Security
29    Act designated by the Illinois Department of  Human  Services
30    as  reimbursement  for  expenditures  made  by  the  Illinois
31    Department  of  Revenue  for  the  refundable  portion of the
 
SB1935 Enrolled            -4-       LRB093 08833 RCE 09065 b
 1    earned income tax credit shall be deposited into  the  Income
 2    Tax  Refund  Fund.   Such deposits shall be made as needed on
 3    approximately the fifteenth calendar day of each month.

 4                             ARTICLE 99

 5        Section 99-99.  Effective date.  This  Act  takes  effect
 6    upon becoming law.