Rep. Jack D. Franks
Filed: 2/24/2011
 
 

 

 

 
09700HB1797ham001LRB097 09541 HLH 51216 a



1
AMENDMENT TO HOUSE BILL 1797 




2    AMENDMENT NO. ______. Amend House Bill 1797 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Income Tax Act is amended  by 
5adding Section 221 as follows:
 
6    (35 ILCS 5/221 new)
7    Sec. 221. Credit for tuition and fees. For taxable years 
8beginning on or after January 1, 2012, each taxpayer with an 
9adjusted gross income of less than $200,000 is entitled to a 
10credit against the tax imposed by subsections (a) and (b) of 
11Section 201 equal to a portion of the fees and tuition paid by 
12the taxpayer during the taxable year on behalf of the taxpayer 
13or any other student for the purpose of attending a qualified 
14institution of higher learning.  The credit may not exceed the 
15lesser of (i) 8% of the fees and tuition paid by the taxpayer 
16during the taxable year or (ii) $375 per student.  A credit may 
 
 
09700HB1797ham001- 2 -LRB097 09541 HLH 51216 a

1not be claimed under this Section for more than 4 taxable years 
2for any one student.
3    "Fees" means fees required of and uniformly paid by all 
4students. 
5    "Tuition" means in-state tuition paid for any of the 
6following, less any refunds  received by the taxpayer or 
7student: 
8        (1)  credits for an undergraduate degree program; or 
9        (2)  credits granted by a community college or a 2-year 
10    private college toward a degree program or granted for the 
11    purpose of transferring those credits toward an 
12    undergraduate degree program. 
13    "Qualified institution of higher learning" means an 
14institution that meets all of the following criteria: 
15        (1)  the institution is a public or non-public 
16    university or community college located in this State; 
17        (2)  the instructional programs of the institution are 
18    not comprised solely of sectarian instruction or religious 
19    worship; and 
20        (3)  the institution has provided a letter of 
21    notification to the Department of Revenue before July 1 of 
22    the taxable year certifying that the institution will not 
23    increase fees and tuition during the next academic year by 
24    more than the annual average percentage increase in the 
25    Consumer Price Index for All Urban Consumers, as issued by 
26    the United States Department of Labor, for the immediately 
 
 
09700HB1797ham001- 3 -LRB097 09541 HLH 51216 a

1    preceding taxable year. 
 

2    Section 99. Effective date. This Act takes effect upon 
3becoming law.".