Full Text of SB1429 95th General Assembly
SB1429sam005 95TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 5/28/2007
|
|
09500SB1429sam005 |
|
LRB095 04029 BDD 36269 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1429
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1429 as follows:
| 3 |
| on page 3, by replacing line 11 with the following: | 4 |
| "Sections 6z-17, 6z-18, and 6z-20 as follows:
| 5 |
| (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
| 6 |
| Sec. 6z-17. Of the money paid into the State and Local | 7 |
| Sales Tax Reform
Fund: (i) subject to appropriation to the | 8 |
| Department of Revenue,
Municipalities having 1,000,000 or more | 9 |
| inhabitants shall
receive 20% and may expend such amount to | 10 |
| fund and establish a program for
developing and coordinating | 11 |
| public and private resources targeted to meet
the affordable | 12 |
| housing needs of low-income and very low-income households
| 13 |
| within such municipality, (ii) 10% shall be transferred into | 14 |
| the Regional
Transportation Authority Occupation and Use Tax | 15 |
| Replacement Fund, a special
fund in the State treasury which is | 16 |
| hereby created, (iii) subject to
appropriation to the |
|
|
|
09500SB1429sam005 |
- 2 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| Department of Transportation, The Metro East Mass Transit
| 2 |
| District shall receive .6%, (iv)
the following amounts, plus | 3 |
| any cumulative deficiency in such transfers for
prior months, | 4 |
| shall be transferred monthly into the Build Illinois
Fund and | 5 |
| credited to the Build Illinois Bond Account therein:
|
|
6 | | Fiscal Year |
Amount |
|
7 | | 1990 |
$2,700,000 |
|
8 | | 1991 |
1,850,000 |
|
9 | | 1992 |
2,750,000 |
|
10 | | 1993 |
2,950,000 |
|
11 |
| From Fiscal Year 1994 through Fiscal Year 2025 the transfer | 12 |
| shall total
$3,150,000 monthly, plus any cumulative deficiency | 13 |
| in such transfers for
prior months, (v) Beginning February 1, | 14 |
| 2008, subject to appropriation, 1/12th of $20,000,000 shall be | 15 |
| deposited each month into the Municipal Reduced Local Portion | 16 |
| Reimbursement Fund, a fund outside of the State Treasury with | 17 |
| the State Treasurer listed as ex-officio custodian, that is | 18 |
| attributable to the increased Illinois use tax collections as a | 19 |
| result of the changes in Illinois use and occupation tax laws | 20 |
| made to comply with the Streamlined Sales and Use Tax | 21 |
| Agreement, and, beginning February 1, 2009, the amount | 22 |
| deposited into the Municipal Reduced Local Portion | 23 |
| Reimbursement Fund must be increased annually based on changes | 24 |
| in the Consumer Price Index published by the Bureau of Labor | 25 |
| Statistics of the United States Department of Labor, and (vi)
| 26 |
| (v) the remainder of the money paid into the State and
Local |
|
|
|
09500SB1429sam005 |
- 3 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| Sales Tax Reform Fund shall be
transferred into the Local | 2 |
| Government Distributive Fund and, except for
municipalities | 3 |
| with 1,000,000 or more inhabitants which shall receive no
| 4 |
| portion of such remainder, shall be distributed, subject to | 5 |
| appropriation,
in the manner provided by Section 2 of "An Act | 6 |
| in relation to State revenue
sharing with local government | 7 |
| entities", approved July 31, 1969, as now or
hereafter amended. | 8 |
| Municipalities with more than 50,000 inhabitants
according to | 9 |
| the 1980 U.S. Census and located within the Metro East Mass
| 10 |
| Transit District receiving funds pursuant to provision (v) of | 11 |
| this
paragraph may expend such amounts to fund and establish a | 12 |
| program for
developing and coordinating public and private | 13 |
| resources targeted to meet
the affordable housing needs of | 14 |
| low-income and very low-income households
within such | 15 |
| municipality.
| 16 |
| (Source: P.A. 91-51, eff. 6-30-99.)"; and
| 17 |
| on page 236, line 21, after "2-10.3", by inserting ", 3.3"; and | 18 |
| on page 338, immediately below line 12, by inserting the | 19 |
| following: | 20 |
| (35 ILCS 120/3.3 new)
| 21 |
| Sec. 3.3. Streamlined Sales Tax reimbursements for certain | 22 |
| lost revenues. | 23 |
| (a) For the purpose of this Section, a |
|
|
|
09500SB1429sam005 |
- 4 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| "reduced-local-portion municipality" means a municipality that | 2 |
| meets at least one of the following criteria: | 3 |
| (1) the municipality had, within its municipal | 4 |
| boundaries on January 1, 2007, at least one retail business | 5 |
| that made, for the period January 1, 2002 through December | 6 |
| 31, 2006, more than $150,000,000 of gross annual sales at | 7 |
| retail of tangible personal property to Illinois | 8 |
| purchasers from that location and more than 50% of those | 9 |
| sales each year are delivered to purchasers in Illinois at | 10 |
| an address that is outside of the municipality's | 11 |
| boundaries; | 12 |
| (2) the municipality had at least one retail business | 13 |
| within its municipal boundaries on January 1, 2007 that had | 14 |
| generated, for the period January 1, 2002 through December | 15 |
| 31, 2006, retailers' occupation tax revenues to that | 16 |
| municipality each year that were greater than 50% of that | 17 |
| municipality's receipt of retailers' occupation tax | 18 |
| revenue for the preceding 12-month period and more than 50% | 19 |
| of that retailers' sales are delivered to purchasers in | 20 |
| Illinois at an address that is outside of that | 21 |
| municipality; or | 22 |
| (3) a municipality that, on or before January 1, 2008, | 23 |
| has applied to the Department for extraordinary hardship | 24 |
| relief from the Municipal Reduced Local Portion | 25 |
| Reimbursement Fund in the form and manner required by the | 26 |
| Department. |
|
|
|
09500SB1429sam005 |
- 5 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| For the purpose of this subsection (a), "retail business" means | 2 |
| a business that makes retail sales of tangible personal | 3 |
| property on the premises, at least some of which is delivered | 4 |
| to customers at that premises.
| 5 |
| (b) For the purpose of this Section, | 6 |
| "reduced-local-portion revenue" means an amount that is equal | 7 |
| to: (i) any local portion of tax that would have been remitted | 8 |
| to a municipality before the changes made to the sourcing of | 9 |
| sales under subsection (c) of this Section; less (ii) the | 10 |
| amount that is received after those changes; less (iii) 20% of | 11 |
| the increase of all local occupation taxes that are | 12 |
| attributable to the sale of food and drugs sold within the | 13 |
| municipality after the changes to the sourcing of sales under | 14 |
| subsection (c) of this Section, which were made in order for | 15 |
| Illinois use and occupation tax laws to comply with the | 16 |
| Streamlined Sales and Use Tax Agreement. With respect to a | 17 |
| municipality that qualifies as a reduced-local-portion | 18 |
| municipality under item (3) of subsection (a), | 19 |
| "reduced-local-portion revenue" also includes the amount | 20 |
| determined by the Department to provide hardship relief to the | 21 |
| municipality.
| 22 |
| (c) Beginning February 1, 2008, the Department shall | 23 |
| determine which municipalities qualify as a | 24 |
| reduced-local-portion municipality and are, therefore, subject | 25 |
| to a reimbursement of reduced-local-portion revenue, as set | 26 |
| forth under this Section. This determination must be based upon |
|
|
|
09500SB1429sam005 |
- 6 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| information received from the Retailers' Occupation Tax | 2 |
| returns and other information provided by Illinois retailers | 3 |
| and by application of the municipalities made to the | 4 |
| Department. | 5 |
| (d) On or before the 25th day of each calendar month, the | 6 |
| Department shall make the following reimbursement | 7 |
| certifications to the State Comptroller: | 8 |
| (1) for each municipality described in item (1) of | 9 |
| subsection (a), the Department shall certify an amount | 10 |
| equal to 90% of the reduced-local-portion revenue for that | 11 |
| municipality plus an amount the Department determines is | 12 |
| necessary to offset any amounts that were erroneously | 13 |
| unpaid in a previous month and not including any amount | 14 |
| that the Department determines is necessary to offset any | 15 |
| amounts that were erroneously paid to such municipality in | 16 |
| a previous month; | 17 |
| (2) for each municipality described in item (2) of | 18 |
| subsection (a), the Department shall certify an amount | 19 |
| equal to 90% of the reduced-local-portion revenue for that | 20 |
| municipality plus an amount the Department determines is | 21 |
| necessary to offset any amounts that were erroneously | 22 |
| unpaid in a previous month and not including any amount | 23 |
| that the Department determines is necessary to offset any | 24 |
| amounts that were erroneously paid to such municipality in | 25 |
| a previous month; and | 26 |
| (3) for each municipality described in item (3) of |
|
|
|
09500SB1429sam005 |
- 7 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| subsection (a), the Department shall certify an amount | 2 |
| determined by the Department under subsection (b) based on | 3 |
| the availability of those moneys in the Fund. | 4 |
| As soon as practical after the first day of each month, the | 5 |
| Comptroller shall cause the orders to be drawn for the payment | 6 |
| from the Municipal Reduced Local Portion Reimbursement Fund of | 7 |
| the respective amounts contained in the Department's | 8 |
| certification. Any moneys remaining in the Fund after the | 9 |
| monthly payments must be deposited into the Local Government | 10 |
| Distributive Fund.
| 11 |
| (e) Of the moneys deposited each month into the Municipal | 12 |
| Reduced Local Portion Reimbursement Fund: | 13 |
| (1) a minimum of 1/12th of $8,000,000 is dedicated, if | 14 |
| needed, to making the payments to reduced-local-portion | 15 |
| municipalities described in item (1) of subsection (d); | 16 |
| (2) a minimum of 1/12th of $6,000,000 is dedicated, if | 17 |
| needed, to making the payments to reduced-local-portion | 18 |
| municipalities described in item (2) of subsection (d); and | 19 |
| (3) a minimum of 1/12th of $6,000,000 is dedicated, if | 20 |
| needed, to making the payments to extraordinary hardship | 21 |
| reduced-local-portion municipalities described in in item | 22 |
| (3) of subsection (d). | 23 |
| Each State fiscal year, these minimum dedicated amounts must be | 24 |
| increased by the annual rate of increase, for the previous
| 25 |
| calendar year, of the Consumer Price Index for All Urban
| 26 |
| Consumers for all items, published by the United States
Bureau |
|
|
|
09500SB1429sam005 |
- 8 - |
LRB095 04029 BDD 36269 a |
|
| 1 |
| of Labor Statistics. ".
|
|