State of Illinois
90th General Assembly
Legislation

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90_HB2705

      35 ILCS 5/211 new
          Amends the Illinois Income Tax  Act.   Creates  a  credit
      against  the  taxes  imposed  under  the  Act  for individual
      taxpayers 65 years of age or older and retired in  an  amount
      not  to  exceed  $250  for  volunteer services contributed to
      public schools in this State.  Provides that  the  amount  of
      credit  is  dependent  on  the  number  of hours volunteered.
      Provides that in the case of a husband and wife, each  spouse
      shall  be  allowed  to  qualify  for the credit individually.
      Provides for certification by the school  of  the  number  of
      hours  worked  by  the  volunteer.   Provides that the credit
      shall not reduce the taxpayer's liability under  the  Act  to
      less  than  zero.   Provides  that  the  credit  shall not be
      allowed if the  volunteer  hours  displace,  or  prevent  the
      placement of, an employee of the public school. Provides that
      the  credit  is  available  for taxable years beginning on or
      after January 1, 1998.  Sunsets the credit after 5 years.
                                                     LRB9009818KDks
                                               LRB9009818KDks
 1        AN ACT to amend the Illinois Income  Tax  Act  by  adding
 2    Section 211.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Income Tax  Act  is  amended  by
 6    adding Section 211 as follows:
 7        (35 ILCS 5/211 new)
 8        Sec. 211.  School volunteer tax credit.
 9        (a)  For  tax years beginning on or after January 1, 1998
10    and ending on or before December 30,  2003,  each  individual
11    taxpayer  65 years of age or older and retired is entitled to
12    a credit against the taxes  imposed  under  this  Act  in  an
13    amount  determined  under  subsection  (b)  for any qualified
14    contribution of volunteer services that is  made  during  the
15    taxable  year  to  any  public  school  in  this State by the
16    taxpayer.
17        (b)  The amount of the credit  allowed  under  subsection
18    (a)  shall be based on the number of contributed hours during
19    the taxable year as follows:
20    If the contributed hours are:                Amount of credit
21        Less than 50 hours......................       -0-
22        50 hours but less than 100 hours........       $50
23        100 hours but less than 200 hours.......      $100
24        200 hours but less than 300 hours.......      $150
25        300 hours but less than 400 hours.......      $200
26        400 hours or more.......................      $250
27        In the case of a husband and wife, each spouse  shall  be
28    allowed  to  qualify  for the credit and may claim his or her
29    allowable credit.  The contributed hours of each spouse shall
30    not be added together to determine if a credit is allowed  or
31    the  amount  of  the  credit.   Each  spouse shall separately
                            -2-                LRB9009818KDks
 1    contribute the minimum hours  required  to  qualify  for  the
 2    credit.
 3        (c)  A  qualified  contribution  shall  be  allowed  as a
 4    credit only if certified by the public school  receiving  the
 5    contributed  services.  "Certified" means the issuance to the
 6    taxpayer of a service record by the public school,  verifying
 7    receipt  of  the  contributed  services.   The service record
 8    shall contain  the  taxpayer's  name,  dates  of  contributed
 9    service,  number  of  contributed  hours,  and a verification
10    signature from an authorized agent or designee of the  public
11    school.
12        (d)  The  taxpayer  shall  provide  the Department with a
13    copy of the certification provided  in  subsection  (c)  upon
14    request.
15        (e)  In  no  event  shall  a credit be allowed under this
16    Section if the contribution of volunteer services  displaces,
17    or  prevents  the  placement  of,  any employee of the public
18    school.
19        (f)  In no event shall a credit under this Section reduce
20    the taxpayer's liability under the Act to less than zero.
21        (g)  For purposes of this Section:
22        "Public school" means a public  elementary  or  secondary
23    school   in  Illinois,  attendance  at  which  satisfies  the
24    requirements of Section 26-1 of the School Code.
25        "Qualified  contribution"   means   a   contribution   of
26    volunteer services of 50 hours or more.
27        "Volunteer    services"    means    noncompensated    and
28    unreimbursed  services rendered by a retired person, 65 years
29    of age or older, in the State for  a  public  school  to  aid
30    existing employees of that public school.

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