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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 June930, 1994, as soon as may be after the first day of each month10the Department of Revenue shall certify to the Treasurer an11amount equal to 1/12 of the net revenue realized from the tax12imposed by subsections (a) and (b) of Section 201 of the13Illinois Income Tax Act during the preceding month.14Beginning July 1, 1994, and continuing through June 30, 1995,15as soon as may be after the first day of each month, the16Department of Revenue shall certify to the Treasurer an17amount equal to 1/11 of the net revenue realized from the tax18imposed by subsections (a) and (b) of Section 201 of the19Illinois Income Tax Act during the preceding month.20 Beginning January 1, 2000 and thereafterJuly 1, 1995, as21soon 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 26certify to the Treasurer an amount equal to 1/10 of the net27revenue realized from the tax imposed by subsections (a) and28(b) of Section 201 of the Illinois Income Tax Act during the29preceding month. Net revenue realized for a month shall be30defined as the revenue from the tax imposed by subsections31(a) and (b) of Section 201 of the Illinois Income Tax ActHB0495 Engrossed -2- LRB9100917MWtm 1which is deposited in the General Revenue Fund, the Education2Assistance Fund and the Income Tax Surcharge Local Government3Distributive Fund during the month minus the amount paid out4of the General Revenue Fund in State warrants during that5same month as refunds to taxpayers for overpayment of6liability under the tax imposed by subsections (a) and (b) of7Section 201 of the Illinois Income Tax Act. Upon receipt of8such certification, the Treasurer shall transfer from the9General Revenue Fund to a special fund in the State treasury,10to be known as the "Local Government Distributive Fund", the11amount 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 HB0495 Engrossed -3- LRB9100917MWtm 1 the Child Support Enforcement Trust Fund, a special fund 2 outside the State Treasury. 3 (b) Local Governmental Distributive Fund. 4Beginning August 1, 1969, and continuing through June 30,51994, the Treasurer shall transfer each month from the6General Revenue Fund to a special fund in the State treasury,7to be known as the "Local Government Distributive Fund", an8amount equal to 1/12 of the net revenue realized from the tax9imposed by subsections (a) and (b) of Section 201 of this Act10during the preceding month. Beginning July 1, 1994, and11continuing through June 30, 1995, the Treasurer shall12transfer each month from the General Revenue Fund to the13Local Government Distributive Fund an amount equal to 1/11 of14the net revenue realized from the tax imposed by subsections15(a) and (b) of Section 201 of this Act during the preceding16month.Beginning January 1, 2000July 1, 1995,the Treasurer17shall transfer each month from the General Revenue Fund toof 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 Fundan amount equal to 1/10 of the22net revenue realized from the tax imposed by subsections (a)23and (b) of Section 201 of the Illinois Income Tax Act during24the preceding month. Net revenue realized for a month shall25be defined as the revenue from the tax imposed by subsections26(a) and (b) of Section 201 of this Act which is deposited in27the General Revenue Fund, the Educational Assistance Fund and28the Income Tax Surcharge Local Government Distributive Fund29during the month minus the amount paid out of the General30Revenue Fund in State warrants during that same month as31refunds to taxpayers for overpayment of liability under the32tax imposed by subsections (a) and (b) of Section 201 of this33Act. 34 (c) Deposits Into Income Tax Refund Fund. HB0495 Engrossed -4- LRB9100917MWtm 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 HB0495 Engrossed -5- LRB9100917MWtm 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 HB0495 Engrossed -6- LRB9100917MWtm 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 HB0495 Engrossed -7- LRB9100917MWtm 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.)