State of Illinois
92nd General Assembly
Legislation

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92_SC0054

 
                                               LRB9215667SMdv

 1                       SENATE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT

 3        RESOLVED, BY THE  SENATE  OF  THE  NINETY-SECOND  GENERAL
 4    ASSEMBLY   OF   THE   STATE   OF   ILLINOIS,   THE  HOUSE  OF
 5    REPRESENTATIVES  CONCURRING  HEREIN,  that  there  shall   be
 6    submitted  to  the  electors  of  the  State  for adoption or
 7    rejection at the general election next occurring at  least  6
 8    months after the adoption of this resolution a proposition to
 9    amend Section 3 of Article IX of the Illinois Constitution as
10    follows:

11                             ARTICLE IX
12                               REVENUE

13        (ILCON Art. IX, Sec. 3)
14    SECTION 3. LIMITATIONS ON INCOME TAXATION
15        (a)  A  tax  on  or  measured  by  income  shall  be at a
16    non-graduated rate. At any one time there may be no more than
17    one such tax imposed by  the  State  for  State  purposes  on
18    individuals  and  one such tax so imposed on corporations. In
19    any such tax imposed upon corporations  the  rate  shall  not
20    exceed  the  rate imposed on individuals by more than a ratio
21    of 8 to 5.
22        (b)  Laws imposing taxes on or  measured  by  income  may
23    adopt  by reference provisions of the laws and regulations of
24    the United States, as they then exist or  thereafter  may  be
25    changed,  for the purpose of arriving at the amount of income
26    upon which the tax is imposed.
27        (c)  Notwithstanding  any   other   provision   of   this
28    Constitution,  in  the  absence  of  a  reciprocal  agreement
29    between Illinois and the state of residence of a nonresident,
30    Illinois may impose on nonresidents, for compensation paid in
31    this  State,  a  surcharge  on  or  measured  by  income. The
32    surcharge shall be at a rate equal to the difference  between
 
                            -2-                LRB9215667SMdv
 1    the  rate of the tax on or measured by income imposed by this
 2    State and the rate of  the  tax  on  or  measured  by  income
 3    imposed  by  the  state  of residence of the nonresident. The
 4    surcharge shall be imposed only on nonresidents  whose  state
 5    of residence imposes a tax on or measured by income at a rate
 6    that is higher than the rate imposed by Illinois.
 7    (Source: Illinois Constitution.)

 8                              SCHEDULE
 9        This  Constitutional  Amendment  takes  effect upon being
10    declared adopted in accordance with Section 7 of the Illinois
11    Constitutional Amendment Act.

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