Illinois General Assembly - Full Text of HB3920
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Full Text of HB3920  102nd General Assembly

HB3920 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3920

 

Introduced 2/22/2021, by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.935 new
35 ILCS 405/3  from Ch. 120, par. 405A-3
35 ILCS 405/4  from Ch. 120, par. 405A-4
305 ILCS 5/3-13.5 new

    Amends the Illinois Public Aid Code. Requires the Department of Human Services to provide monthly supplemental payments of $279 to persons who receive federal Supplemental Security Income grants and to undocumented residents who have a disability and meet other criteria. Provides that the supplemental payments shall not be considered income for purposes of determining eligibility or the amount of assistance for any public aid benefit under State or federal law including, subject to federal approval, benefits provided under the Supplemental Nutrition Assistance Program or any housing voucher or rental subsidy provided under the Rental Housing Support Program Act or a similar locally funded rent subsidy program, or under the Housing Choice Voucher Program under Section 8 of the U.S. Housing Act of 1937. Provides that the funding for the payments shall come from amounts collected under a specified provision of the Illinois Estate and Generation-Skipping Transfer Tax Act and deposited into the Illinois Supplemental Payments for Supplemental Security Income Recipients Fund, a special fund created in the State treasury. Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Imposes an additional estate tax and generation-skipping transfer tax on taxable transferred property valued at $4,000,000 or more. Provides that the additional tax shall be in an amount equal to 5% of the value of the transferred property. Requires the proceeds of the tax to be deposited into the Illinois Supplemental Payments for Supplemental Security Income Recipients Fund. Amends the State Finance Act to include the new special fund. Effective immediately.


LRB102 10933 KTG 16265 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3920LRB102 10933 KTG 16265 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.935 as follows:
 
6    (30 ILCS 105/5.935 new)
7    Sec. 5.935. The Illinois Supplemental Payments for
8Supplemental Security Income Recipients Fund.
 
9    Section 10. The Illinois Estate and Generation-Skipping
10Transfer Tax Act is amended by changing Sections 3 and 4 as
11follows:
 
12    (35 ILCS 405/3)  (from Ch. 120, par. 405A-3)
13    Sec. 3. Illinois estate tax.
14    (a) Imposition of Tax. An Illinois estate tax is imposed
15on every taxable transfer involving transferred property
16having a tax situs within the State of Illinois.
17    (b) Amount of tax. On estates of persons dying before
18January 1, 2003, the amount of the Illinois estate tax shall be
19the state tax credit, as defined in Section 2 of this Act, with
20respect to the taxable transfer reduced by the lesser of:
21        (1) the amount of the state tax credit paid to any

 

 

HB3920- 2 -LRB102 10933 KTG 16265 b

1    other state or states; and
2        (2) the amount determined by multiplying the maximum
3    state tax credit allowable with respect to the taxable
4    transfer by the percentage which the gross value of the
5    transferred property not having a tax situs in Illinois
6    bears to the gross value of the total transferred
7    property.
8    (c) On estates of persons dying on or after January 1,
92003, the amount of the Illinois estate tax shall be the state
10tax credit, as defined in Section 2 of this Act, reduced by the
11amount determined by multiplying the state tax credit with
12respect to the taxable transfer by the percentage which the
13gross value of the transferred property not having a tax situs
14in Illinois bears to the gross value of the total transferred
15property.
16    (d) In addition to any other tax imposed under this Act, if
17the value of the transferred property resulting in a tax under
18this Section is $4,000,000 or more, then an additional tax
19shall be imposed in an amount equal to 5% of the value of the
20transferred property. The additional tax shall be collected at
21the same time and in the same manner as the estate tax under
22this Section. Proceeds from the additional tax under this
23subsection (d) shall be deposited into the Illinois
24Supplemental Payments for Supplemental Security Income
25Recipients Fund.
26(Source: P.A. 93-30, eff. 6-20-03; 94-419, eff. 8-2-05.)
 

 

 

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1    (35 ILCS 405/4)  (from Ch. 120, par. 405A-4)
2    Sec. 4. Illinois generation-skipping transfer tax.
3    (a) Imposition of tax. An Illinois generation-skipping
4transfer tax is imposed on every taxable transfer resulting in
5federal generation-skipping transfer tax involving transferred
6property having a tax situs within the State of Illinois.
7    (b) Amount of tax. The amount of the Illinois
8generation-skipping transfer tax shall be the maximum state
9tax credit allowable with respect to the taxable transfer,
10reduced by the lesser of:
11        (1) the amount of the state tax credit paid to any
12    other state or states; and
13        (2) the amount determined by multiplying the maximum
14    state tax credit allowable with respect to the taxable
15    transfer by the percentage which the gross value of the
16    transferred property not having a tax situs in Illinois
17    bears to the gross value of the total transferred
18    property.
19    (c) In addition to any other tax imposed under this Act, if
20the value of the transferred property resulting in a tax under
21this Section is $4,000,000 or more, then an additional tax
22shall be imposed in an amount equal to 5% of the value of the
23transferred property. The additional tax shall be collected at
24the same time and in the same manner as the
25generation-skipping transfer tax under this Section. Proceeds

 

 

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1from the additional tax under this subsection (c) shall be
2deposited into the Illinois Supplemental Payments for
3Supplemental Security Income Recipients Fund.
4(Source: P.A. 86-737.)
 
5    Section 15. The Illinois Public Aid Code is amended by
6adding Section 3-13.5 as follows:
 
7    (305 ILCS 5/3-13.5 new)
8    Sec. 3-13.5. Supplemental payments for recipients of
9Supplemental Security Income and other persons.
10Notwithstanding any other law to the contrary, beginning one
11year after the effective date of this amendatory Act of the
12102nd General Assembly, the Department shall provide monthly
13supplemental payments in the amount of $279 to persons who
14receive federal Supplemental Security Income grants. The
15supplemental payments under this Section shall also be
16available to undocumented residents who: (i) have a
17disability, with supporting documentation meeting requirements
18determined by the Department by rule; (ii) have an Individual
19Taxpayer Identification Number; and (iii) are determined by
20the Department to meet the eligibility requirements for
21Supplemental Security Income other than the requirements
22related to status as a citizen or as an alien determined by the
23federal government to be eligible.
24    The supplemental payments provided under this Section

 

 

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1shall not be considered income for purposes of determining
2eligibility or the amount of assistance for any public aid
3benefit provided under State or federal law including, subject
4to federal approval, benefits provided under the Supplemental
5Nutrition Assistance Program or any housing voucher or rental
6subsidy provided under the Rental Housing Support Program Act
7or under a similar locally funded rent subsidy program, or
8under the Housing Choice Voucher Program under Section 8 of
9the United States Housing Act of 1937.
10    The Illinois Supplemental Payments for Supplemental
11Security Income Recipients Fund is created as a special fund
12in the State treasury. The Fund shall consist of the proceeds
13collected under subsection (d) of Section 3 and subsection (c)
14of Section 4 of the Illinois Estate and Generation-Skipping
15Transfer Tax Act. Moneys in the Fund shall be expended for the
16supplemental payments provided under this Section and for no
17other purpose. All interest earned on moneys in the Fund shall
18be deposited into the Fund.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.