97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3320

 

Introduced 2/7/2012, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/509  from Ch. 120, par. 5-509
35 ILCS 5/509.1

    Amends the Illinois Income Tax Act. Provides that any fund that received less than $100,000 but more than $90,000 by October 1, 2011 shall also be included on the individual income tax form for the taxable year beginning on January 1, 2012. Provides that, if a fund that received less than $100,000 but more than $90,000 by October 1, 2011 does not receive at least $100,000 in contributions by October 1, 2013, or by October 1 of any subsequent year, then the fund shall be removed from the individual income tax return forms for each year following the year in which the fund did not receive at least $100,000, and all subsequent contributions to the fund shall be refunded to the taxpayer. Effective immediately.


LRB097 16527 HLH 61696 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3320LRB097 16527 HLH 61696 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Income Tax Act is amended by
5changing Sections 509 and 509.1 as follows:
 
6    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)
7    Sec. 509. Tax checkoff explanations. All individual income
8tax return forms shall contain appropriate explanations and
9spaces to enable the taxpayers to designate contributions to
10the funds to which contributions may be made under this Article
115.
12    Each form shall contain a statement that the contributions
13will reduce the taxpayer's refund or increase the amount of
14payment to accompany the return. Failure to remit any amount of
15increased payment shall reduce the contribution accordingly.
16    Except as otherwise provided in this Section, if, If, on
17October 1 of any year, the total contributions to any one of
18the funds made under this Article 5 do not equal $100,000 or
19more, the explanations and spaces for designating
20contributions to the fund shall be removed from the individual
21income tax return forms for the following and all subsequent
22years and all subsequent contributions to the fund shall be
23refunded to the taxpayer. Notwithstanding any other provision

 

 

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1of this Section to the contrary, any fund that received less
2than $100,000 but more than $90,000 by October 1, 2011 shall
3also be included on the individual income tax form for the
4taxable year beginning on January 1, 2012. However, if a fund
5that received less than $100,000 but more than $90,000 by
6October 1, 2011 does not receive at least $100,000 in
7contributions by October 1, 2013, or by October 1 of any
8subsequent year, then the fund shall be removed from the
9individual income tax return forms for each year following the
10year in which the fund did not receive at least $100,000, and
11all subsequent contributions to the fund shall be refunded to
12the taxpayer.
13(Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07;
1495-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff.
158-11-09.)
 
16    (35 ILCS 5/509.1)
17    Sec. 509.1. Removal of excess tax-checkoff funds.
18Notwithstanding any provisions of this Act to the contrary,
19beginning on the effective date of this amendatory Act of the
2095th General Assembly, there may not be more than 15
21tax-checkoff funds contained on the individual tax return form
22at any one time. Each year, the Department shall determine
23whether the sum of (i) the number of new tax-checkoff funds
24created by the General Assembly during that year plus (ii) the
25number of tax-checkoff funds that collected at least the

 

 

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1minimum amount of contributions required under Section 509
2$100,000 during the previous year exceeds 15. If so, then the
3Department shall remove a number of tax-checkoff funds that
4were on the return during the previous year that is equal to
5the sum of items (i) and (ii) minus 15, starting with the
6tax-checkoff fund that received the least amount of
7contributions and working upward until a sufficient number of
8funds have been removed.
9(Source: P.A. 95-435, eff. 8-27-07.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.