Full Text of HB0396 98th General Assembly
HB0396ham001 98TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 5/19/2014
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| 1 | | AMENDMENT TO HOUSE BILL 396
| 2 | | AMENDMENT NO. ______. Amend House Bill 396 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Property Tax Refund Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Department" means the Department of Revenue. | 8 | | "Eligible homeowner" means an individual who was liable for | 9 | | property taxes that were paid on qualified property that is | 10 | | located in Illinois and is used as his or her principal place | 11 | | of residence and in which he or she had an ownership interest | 12 | | as of January 1 of the year in which the property taxes were | 13 | | paid. | 14 | | "Qualified property" means property for which (i) the | 15 | | homeowner would have been allowed a credit under Section 208 of | 16 | | the Illinois Income Tax Act, as that Section existed on January |
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| 1 | | 1, 2014, and (ii) an eligible homeowner has filed a timely | 2 | | application for a refund under Section 10 of this Act. | 3 | | Section 10. Property tax refunds. | 4 | | (a) Beginning in 2014, the Department shall issue a | 5 | | property tax refund each year for each qualified property for | 6 | | which an eligible homeowner who was liable for property taxes | 7 | | that were paid with respect to that qualified property in the | 8 | | immediately preceding calendar year has filed a timely | 9 | | application for the property tax refund. The Department shall | 10 | | certify to the State Comptroller as soon as possible after July | 11 | | 1 of each year both (i) the names of each eligible homeowner | 12 | | who will receive a refund and (ii) the refund amount for each | 13 | | eligible homeowner. The State Comptroller shall process the | 14 | | property tax refunds within 60 business days after receipt of a | 15 | | properly executed voucher. | 16 | | (b) The Department shall issue a refund equal to $500 for | 17 | | each qualified property, provided that only one refund shall be | 18 | | issued for each qualified property. If there is more than one | 19 | | eligible homeowner for a qualified property, the refund shall | 20 | | be paid to the eligible homeowner shown on the first | 21 | | application received by the Department. Any division or sharing | 22 | | of a refund among the eligible homeowners shall be a matter for | 23 | | agreement between the eligible homeowners. The Department | 24 | | shall not be responsible for dividing the refund among eligible | 25 | | homeowners. |
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| 1 | | (c) On July 1, or as soon thereafter as practical, the | 2 | | Department shall certify to the Governor's Office of Management | 3 | | and Budget and to the State Comptroller the amount necessary to | 4 | | make payments pursuant to this Act. The State Comptroller shall | 5 | | order transferred and the State Treasurer shall transfer from | 6 | | the General Revenue Fund to the Income and Property Tax Refund | 7 | | Fund the amount necessary to fund such payments. | 8 | | (d) Application for the refund shall be made in the form | 9 | | and manner prescribed by the Department and shall contain all | 10 | | information reasonably required by the Department for purposes | 11 | | of administering the refund. | 12 | | For refunds with respect to property taxes that were paid | 13 | | in 2013, an Illinois income tax return claiming a credit under | 14 | | Section 208 of the Illinois Income Tax Act for a tax year | 15 | | ending in 2013 shall be treated as an application for the | 16 | | refund. For refunds with respect to property taxes that were | 17 | | paid in 2014 or in any subsequent year, the Department may | 18 | | allow or require the application to be made on an Illinois | 19 | | income tax return for the applicant's taxable year ending | 20 | | during the year in which the property taxes were paid, or it | 21 | | may require a separate application, or both. The Department may | 22 | | require applications to be filed electronically, except in the | 23 | | case of an individual who has no ready access to a means of | 24 | | electronic filing or in the case where the application is made | 25 | | on an income tax return that is not required to be filed | 26 | | electronically. |
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| 1 | | No refund shall be allowed to an eligible homeowner with | 2 | | respect to property taxes that were paid in a year unless an | 3 | | application has been filed with the Department no later than | 4 | | June 30 of the second calendar year following the year in which | 5 | | the property taxes were paid, and, in the case of a | 6 | | timely-filed application that is incomplete or otherwise | 7 | | defective, any defect has been corrected no later than 30 days | 8 | | after the Department has issued a notice that the application | 9 | | is incomplete or defective or June 30 of that second following | 10 | | year, whichever is later. | 11 | | (e) In lieu of a refund paid under subsection (a) of | 12 | | Section 10 of this Act, the Department may credit the amount of | 13 | | the refund against (i) any final tax liability of the applicant | 14 | | arising under any Act administered by the Department, | 15 | | regardless of whether other collection remedies are closed to | 16 | | the Department, or (ii) any liability of the applicant against | 17 | | which the Department may offset an overpayment of Illinois | 18 | | income tax of the applicant, and pay only the remaining balance | 19 | | to the applicant. | 20 | | (f) If a refund is determined by the Department to have | 21 | | been issued in error, as soon as possible after the | 22 | | determination is made, the Department shall issue a demand for | 23 | | repayment of the erroneous refund, plus a penalty of 20% of the | 24 | | erroneous refund, provided that no penalty shall be imposed if | 25 | | the refund was issued as a result of an error of the Department | 26 | | that was not caused by the recipient of the refund or if the |
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| 1 | | recipient had reasonable cause for any error made in applying | 2 | | for the refund. If repayment is not made within 60 days of the | 3 | | date of issuance of the demand, the Department shall enforce | 4 | | repayment of the refund using all legal authority available to | 5 | | the Department to collect debt. | 6 | | Section 15. Information from counties. | 7 | | (a) Beginning in 2014, the Department may require each | 8 | | county to provide to the Department, upon request, each year | 9 | | the following information relating to the property tax bills | 10 | | issued in the preceding year; this information shall be | 11 | | provided by parcel number: | 12 | | (1) county code; | 13 | | (2) township name or code; | 14 | | (3) property index number; | 15 | | (4) name of the owner; | 16 | | (5) the mailing address of the owner; | 17 | | (6) the address of the parcel; | 18 | | (7) all homestead exemptions applicable to the parcel; | 19 | | (8) property use or type with description; | 20 | | (9) assessed value (before equalization factor); | 21 | | (10) equalized assessed value; | 22 | | (11) tax bill amount; and | 23 | | (12) such other information as the Department shall | 24 | | require. | 25 | | (b) The information required by the Department under |
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| 1 | | subsection (a) for property tax bills issued in 2013 shall be | 2 | | submitted no later than 30 days after written request by the | 3 | | Department. For property tax bills issued in 2014 or any | 4 | | subsequent year, that information shall be submitted no later | 5 | | than May 15 of the following year. The Department may grant | 6 | | requests for extensions of time to submit the information. The | 7 | | information shall be submitted in a computer readable format as | 8 | | directed by the Department. If any county fails to submit the | 9 | | required information by the due date under this subsection, the | 10 | | Department shall not certify to the State Comptroller the | 11 | | amount of the Local Government Distributive Fund allocated to | 12 | | that county under subsection (a) of Section 2 of the State | 13 | | Revenue Sharing Act during any month beginning after that due | 14 | | date until the information is submitted, and then, in the first | 15 | | month beginning after the information is submitted, the | 16 | | Department shall certify to the State Comptroller for payment | 17 | | to that county the amount allocated in that month plus the | 18 | | amounts that were allocated to that county in prior months but | 19 | | not certified to the State Comptroller as a result of this | 20 | | subsection. | 21 | | (c) Notwithstanding Sections 6 and 8 of the State Mandates | 22 | | Act, no reimbursement by the State is required for the | 23 | | implementation of any mandate created by this Section. | 24 | | Section 20. False statements in applications. Any person | 25 | | who files an application for a refund under this Act that |
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| 1 | | contains a materially false statement, or who willfully | 2 | | attempts in any other manner to receive a refund which that | 3 | | person knows he or she is not entitled to receive under this | 4 | | Act, shall be guilty of a Class 4 felony for the first offense | 5 | | and a Class 3 felony for each subsequent offense. A prosecution | 6 | | for any act in violation of this Section may be commenced at | 7 | | any time within 5 years of the commission of that act. | 8 | | Section 25. Rulemaking. The Department is authorized to | 9 | | make, promulgate, and enforce such reasonable rules, and to | 10 | | prescribe such forms, relating to the administration and | 11 | | enforcement of the provisions of this Act as it may deem | 12 | | appropriate. | 13 | | The circuit courts of Cook County and Sangamon County have | 14 | | the power to review all final administrative decisions of the | 15 | | Department in administering this Act. The provisions of the | 16 | | Administrative Review Law, and all amendments and | 17 | | modifications thereof, and the rules adopted pursuant thereto, | 18 | | shall apply to and govern all proceedings for the judicial | 19 | | review of final administrative decisions of the Department | 20 | | under this Act. The term "administrative decision" is defined | 21 | | as in Section 3-101 of the Code of Civil Procedure. | 22 | | Section 80. The State Finance Act is amended by changing | 23 | | Sections 5.249 and 8.27a as follows:
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| 1 | | (30 ILCS 105/5.249) (from Ch. 127, par. 141.249)
| 2 | | Sec. 5.249. The Income and Property Tax Refund Fund. | 3 | | (Source: P.A. 85-1440.)
| 4 | | (30 ILCS 105/8.27a)
| 5 | | Sec. 8.27a. TANF funds; earned income tax credit. Funds | 6 | | from the federal
Temporary Assistance for Needy Families block | 7 | | grant under Title IV-A of the
federal Social Security Act | 8 | | designated by the Illinois Department of Human
Services as | 9 | | reimbursement for expenditures made by the Illinois Department | 10 | | of
Revenue for the refundable portion of the earned income tax | 11 | | credit shall be
deposited into the Income and Property Tax | 12 | | Refund Fund. Such deposits shall be made as
needed on | 13 | | approximately the fifteenth calendar day of each month.
| 14 | | (Source: P.A. 93-653, eff. 1-8-04.) | 15 | | Section 85. The State Revenue Sharing Act is amended by | 16 | | changing Sections 1a and 12 as follows:
| 17 | | (30 ILCS 115/1a) (from Ch. 85, par. 611a)
| 18 | | Sec. 1a. Income Tax Surcharge Local Government | 19 | | Distributive Fund.
Beginning July 1, 1991, and continuing | 20 | | through January 31, 1993, of
the amounts collected pursuant to | 21 | | subsections (a) and (b) of
Section 201 of the Illinois Income | 22 | | Tax Act, minus deposits into the Income
and Property Tax Refund | 23 | | Fund, the Department shall deposit 3.0% into the Income Tax
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| 1 | | Surcharge Local Government Distributive Fund in the State | 2 | | Treasury.
Beginning February 1, 1993 and continuing through
| 3 | | June 30, 1993, of the amounts collected pursuant to subsections | 4 | | (a) and (b)
of Section 201 of the Illinois Income Tax Act, | 5 | | minus deposits into the
Income and Property Tax Refund Fund, | 6 | | the Department shall deposit 4.4% into the Income
Tax Surcharge | 7 | | Local Government Distributive Fund in the State Treasury.
| 8 | | Beginning July 1, 1993, and continuing through June 30, 1994, | 9 | | of the
amounts collected under subsections (a) and (b) of | 10 | | Section 201 of the Illinois
Income Tax Act, minus deposits into | 11 | | the Income Tax Refund Fund, the Department
shall deposit 1.475% | 12 | | into the Income Tax Surcharge Local Government
Distributive | 13 | | Fund in the State Treasury.
| 14 | | (Source: P.A. 87-17; 87-860; 88-89.)
| 15 | | (30 ILCS 115/12) (from Ch. 85, par. 616)
| 16 | | Sec. 12. Personal Property Tax Replacement Fund. There is | 17 | | hereby
created the Personal Property Tax Replacement Fund, a | 18 | | special fund in
the State Treasury into which shall be paid all | 19 | | revenue realized:
| 20 | | (a) all amounts realized from the additional personal | 21 | | property tax
replacement income tax imposed by subsections (c) | 22 | | and (d) of Section 201 of the
Illinois Income Tax Act, except | 23 | | for those amounts deposited into the Income and Property Tax
| 24 | | Refund Fund pursuant to subsection (c) of Section 901 of the | 25 | | Illinois Income
Tax Act; and
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| 1 | | (b) all amounts realized from the additional personal | 2 | | property replacement
invested capital taxes imposed by Section | 3 | | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | 4 | | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and | 5 | | Section 3 of the Water Company Invested Capital
Tax Act, and | 6 | | amounts payable to the Department of Revenue under the
| 7 | | Telecommunications Infrastructure Maintenance Fee Act.
| 8 | | As soon as may be after the end of each month, the | 9 | | Department of Revenue
shall certify to the Treasurer and the | 10 | | Comptroller the amount of all refunds
paid out of the General | 11 | | Revenue Fund through the preceding month on account
of | 12 | | overpayment of liability on taxes paid into the Personal | 13 | | Property Tax
Replacement Fund. Upon receipt of such | 14 | | certification, the Treasurer and
the Comptroller shall | 15 | | transfer the amount so certified from the Personal
Property Tax | 16 | | Replacement Fund into the General Revenue Fund.
| 17 | | The payments of revenue into the Personal Property Tax | 18 | | Replacement Fund
shall be used exclusively for distribution to | 19 | | taxing districts, regional offices and officials, and local | 20 | | officials as provided
in this Section and in the School Code, | 21 | | payment of the ordinary and contingent expenses of the Property | 22 | | Tax Appeal Board, payment of the expenses of the Department of | 23 | | Revenue incurred
in administering the collection and | 24 | | distribution of monies paid into the
Personal Property Tax | 25 | | Replacement Fund and transfers due to refunds to
taxpayers for | 26 | | overpayment of liability for taxes paid into the Personal
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| 1 | | Property Tax Replacement Fund.
| 2 | | In addition, moneys in the Personal Property Tax
| 3 | | Replacement Fund may be used to pay any of the following: (i) | 4 | | salary, stipends, and additional compensation as provided by | 5 | | law for chief election clerks, county clerks, and county | 6 | | recorders; (ii) costs associated with regional offices of | 7 | | education and educational service centers; (iii) | 8 | | reimbursements payable by the State Board of Elections under | 9 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | 10 | | Election Code; and (iv) expenses of the Illinois Educational | 11 | | Labor Relations Board. | 12 | | As soon as may be after the effective date of this | 13 | | amendatory Act of 1980,
the Department of Revenue shall certify | 14 | | to the Treasurer the amount of net
replacement revenue paid | 15 | | into the General Revenue Fund prior to that effective
date from | 16 | | the additional tax imposed by Section 2a.1 of the Messages Tax
| 17 | | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | 18 | | the Public
Utilities Revenue Act; Section 3 of the Water | 19 | | Company Invested Capital Tax Act;
amounts collected by the | 20 | | Department of Revenue under the Telecommunications | 21 | | Infrastructure Maintenance Fee Act; and the
additional | 22 | | personal
property tax replacement income tax imposed by
the | 23 | | Illinois Income Tax Act, as amended by Public
Act 81-1st | 24 | | Special Session-1. Net replacement revenue shall be defined as
| 25 | | the total amount paid into and remaining in the General Revenue | 26 | | Fund as a
result of those Acts minus the amount outstanding and |
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| 1 | | obligated from the
General Revenue Fund in state vouchers or | 2 | | warrants prior to the effective
date of this amendatory Act of | 3 | | 1980 as refunds to taxpayers for overpayment
of liability under | 4 | | those Acts.
| 5 | | All interest earned by monies accumulated in the Personal | 6 | | Property
Tax Replacement Fund shall be deposited in such Fund. | 7 | | All amounts allocated
pursuant to this Section are appropriated | 8 | | on a continuing basis.
| 9 | | Prior to December 31, 1980, as soon as may be after the end | 10 | | of each quarter
beginning with the quarter ending December 31, | 11 | | 1979, and on and after
December 31, 1980, as soon as may be | 12 | | after January 1, March 1, April 1, May
1, July 1, August 1, | 13 | | October 1 and December 1 of each year, the Department
of | 14 | | Revenue shall allocate to each taxing district as defined in | 15 | | Section 1-150
of the Property Tax Code, in accordance with
the | 16 | | provisions of paragraph (2) of this Section the portion of the | 17 | | funds held
in the Personal Property Tax Replacement Fund which | 18 | | is required to be
distributed, as provided in paragraph (1), | 19 | | for each quarter. Provided,
however, under no circumstances | 20 | | shall any taxing district during each of the
first two years of | 21 | | distribution of the taxes imposed by this amendatory Act of
| 22 | | 1979 be entitled to an annual allocation which is less than the | 23 | | funds such
taxing district collected from the 1978 personal | 24 | | property tax. Provided further
that under no circumstances | 25 | | shall any taxing district during the third year of
distribution | 26 | | of the taxes imposed by this amendatory Act of 1979 receive |
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| 1 | | less
than 60% of the funds such taxing district collected from | 2 | | the 1978 personal
property tax. In the event that the total of | 3 | | the allocations made as above
provided for all taxing | 4 | | districts, during either of such 3 years, exceeds the
amount | 5 | | available for distribution the allocation of each taxing | 6 | | district shall
be proportionately reduced. Except as provided | 7 | | in Section 13 of this Act, the
Department shall then certify, | 8 | | pursuant to appropriation, such allocations to
the State | 9 | | Comptroller who shall pay over to the several taxing districts | 10 | | the
respective amounts allocated to them.
| 11 | | Any township which receives an allocation based in whole or | 12 | | in part upon
personal property taxes which it levied pursuant | 13 | | to Section 6-507 or 6-512
of the Illinois Highway Code and | 14 | | which was previously
required to be paid
over to a municipality | 15 | | shall immediately pay over to that municipality a
proportionate | 16 | | share of the personal property replacement funds which such
| 17 | | township receives.
| 18 | | Any municipality or township, other than a municipality | 19 | | with a population
in excess of 500,000, which receives an | 20 | | allocation based in whole or in
part on personal property taxes | 21 | | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | 22 | | Illinois Local Library Act and which was
previously
required to | 23 | | be paid over to a public library shall immediately pay over
to | 24 | | that library a proportionate share of the personal property tax | 25 | | replacement
funds which such municipality or township | 26 | | receives; provided that if such
a public library has converted |
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| 1 | | to a library organized under The Illinois
Public Library | 2 | | District Act, regardless of whether such conversion has
| 3 | | occurred on, after or before January 1, 1988, such | 4 | | proportionate share
shall be immediately paid over to the | 5 | | library district which maintains and
operates the library. | 6 | | However, any library that has converted prior to January
1, | 7 | | 1988, and which hitherto has not received the personal property | 8 | | tax
replacement funds, shall receive such funds commencing on | 9 | | January 1, 1988.
| 10 | | Any township which receives an allocation based in whole or | 11 | | in part on
personal property taxes which it levied pursuant to | 12 | | Section 1c of the Public
Graveyards Act and which taxes were | 13 | | previously required to be paid
over to or used for such public | 14 | | cemetery or cemeteries shall immediately
pay over to or use for | 15 | | such public cemetery or cemeteries a proportionate
share of the | 16 | | personal property tax replacement funds which the township
| 17 | | receives.
| 18 | | Any taxing district which receives an allocation based in | 19 | | whole or in
part upon personal property taxes which it levied | 20 | | for another
governmental body or school district in Cook County | 21 | | in 1976 or for
another governmental body or school district in | 22 | | the remainder of the
State in 1977 shall immediately pay over | 23 | | to that governmental body or
school district the amount of | 24 | | personal property replacement funds which
such governmental | 25 | | body or school district would receive directly under
the | 26 | | provisions of paragraph (2) of this Section, had it levied its |
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| 1 | | own
taxes.
| 2 | | (1) The portion of the Personal Property Tax | 3 | | Replacement Fund required to
be
distributed as of the time | 4 | | allocation is required to be made shall be the
amount | 5 | | available in such Fund as of the time allocation is | 6 | | required to be made.
| 7 | | The amount available for distribution shall be the | 8 | | total amount in the
fund at such time minus the necessary | 9 | | administrative and other authorized expenses as limited
by | 10 | | the appropriation and the amount determined by: (a) $2.8 | 11 | | million for
fiscal year 1981; (b) for fiscal year 1982, | 12 | | .54% of the funds distributed
from the fund during the | 13 | | preceding fiscal year; (c) for fiscal year 1983
through | 14 | | fiscal year 1988, .54% of the funds distributed from the | 15 | | fund during
the preceding fiscal year less .02% of such | 16 | | fund for fiscal year 1983 and
less .02% of such funds for | 17 | | each fiscal year thereafter; (d) for fiscal
year 1989 | 18 | | through fiscal year 2011 no more than 105% of the actual | 19 | | administrative expenses
of the prior fiscal year; (e) for | 20 | | fiscal year 2012 and beyond, a sufficient amount to pay (i) | 21 | | stipends, additional compensation, salary reimbursements, | 22 | | and other amounts directed to be paid out of this Fund for | 23 | | local officials as authorized or required by statute and | 24 | | (ii) no more than 105% of the actual administrative | 25 | | expenses of the prior fiscal year, including payment of the | 26 | | ordinary and contingent expenses of the Property Tax Appeal |
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| 1 | | Board and payment of the expenses of the Department of | 2 | | Revenue incurred in administering the collection and | 3 | | distribution of moneys paid into the Fund; or (f) for | 4 | | fiscal years 2012 and 2013 only, a sufficient amount to pay | 5 | | stipends, additional compensation, salary reimbursements, | 6 | | and other amounts directed to be paid out of this Fund for | 7 | | regional offices and officials as authorized or required by | 8 | | statute. Such portion of the fund shall be determined after
| 9 | | the transfer into the General Revenue Fund due to refunds, | 10 | | if any, paid
from the General Revenue Fund during the | 11 | | preceding quarter. If at any time,
for any reason, there is | 12 | | insufficient amount in the Personal Property
Tax | 13 | | Replacement Fund for payments for regional offices and | 14 | | officials or local officials or payment of costs of | 15 | | administration or for transfers
due to refunds at the end | 16 | | of any particular month, the amount of such
insufficiency | 17 | | shall be carried over for the purposes of payments for | 18 | | regional offices and officials, local officials, transfers | 19 | | into the
General Revenue Fund, and costs of administration | 20 | | to the
following month or months. Net replacement revenue | 21 | | held, and defined above,
shall be transferred by the | 22 | | Treasurer and Comptroller to the Personal Property
Tax | 23 | | Replacement Fund within 10 days of such certification.
| 24 | | (2) Each quarterly allocation shall first be | 25 | | apportioned in the
following manner: 51.65% for taxing | 26 | | districts in Cook County and 48.35%
for taxing districts in |
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| 1 | | the remainder of the State.
| 2 | | The Personal Property Replacement Ratio of each taxing | 3 | | district
outside Cook County shall be the ratio which the Tax | 4 | | Base of that taxing
district bears to the Downstate Tax Base. | 5 | | The Tax Base of each taxing
district outside of Cook County is | 6 | | the personal property tax collections
for that taxing district | 7 | | for the 1977 tax year. The Downstate Tax Base
is the personal | 8 | | property tax collections for all taxing districts in the
State | 9 | | outside of Cook County for the 1977 tax year. The Department of
| 10 | | Revenue shall have authority to review for accuracy and | 11 | | completeness the
personal property tax collections for each | 12 | | taxing district outside Cook
County for the 1977 tax year.
| 13 | | The Personal Property Replacement Ratio of each Cook County | 14 | | taxing
district shall be the ratio which the Tax Base of that | 15 | | taxing district
bears to the Cook County Tax Base. The Tax Base | 16 | | of each Cook County
taxing district is the personal property | 17 | | tax collections for that taxing
district for the 1976 tax year. | 18 | | The Cook County Tax Base is the
personal property tax | 19 | | collections for all taxing districts in Cook
County for the | 20 | | 1976 tax year. The Department of Revenue shall have
authority | 21 | | to review for accuracy and completeness the personal property | 22 | | tax
collections for each taxing district within Cook County for | 23 | | the 1976 tax year.
| 24 | | For all purposes of this Section 12, amounts paid to a | 25 | | taxing district
for such tax years as may be applicable by a | 26 | | foreign corporation under the
provisions of Section 7-202 of |
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| 1 | | the Public Utilities Act, as amended,
shall be deemed to be | 2 | | personal property taxes collected by such taxing district
for | 3 | | such tax years as may be applicable. The Director shall | 4 | | determine from the
Illinois Commerce Commission, for any tax | 5 | | year as may be applicable, the
amounts so paid by any such | 6 | | foreign corporation to any and all taxing
districts. The | 7 | | Illinois Commerce Commission shall furnish such information to
| 8 | | the Director. For all purposes of this Section 12, the Director | 9 | | shall deem such
amounts to be collected personal property taxes | 10 | | of each such taxing district
for the applicable tax year or | 11 | | years.
| 12 | | Taxing districts located both in Cook County and in one or | 13 | | more other
counties shall receive both a Cook County allocation | 14 | | and a Downstate
allocation determined in the same way as all | 15 | | other taxing districts.
| 16 | | If any taxing district in existence on July 1, 1979 ceases | 17 | | to exist,
or discontinues its operations, its Tax Base shall | 18 | | thereafter be deemed
to be zero. If the powers, duties and | 19 | | obligations of the discontinued
taxing district are assumed by | 20 | | another taxing district, the Tax Base of
the discontinued | 21 | | taxing district shall be added to the Tax Base of the
taxing | 22 | | district assuming such powers, duties and obligations.
| 23 | | If two or more taxing districts in existence on July 1, | 24 | | 1979, or a
successor or successors thereto shall consolidate | 25 | | into one taxing
district, the Tax Base of such consolidated | 26 | | taxing district shall be the
sum of the Tax Bases of each of |
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| 1 | | the taxing districts which have consolidated.
| 2 | | If a single taxing district in existence on July 1, 1979, | 3 | | or a
successor or successors thereto shall be divided into two | 4 | | or more
separate taxing districts, the tax base of the taxing | 5 | | district so
divided shall be allocated to each of the resulting | 6 | | taxing districts in
proportion to the then current equalized | 7 | | assessed value of each resulting
taxing district.
| 8 | | If a portion of the territory of a taxing district is | 9 | | disconnected
and annexed to another taxing district of the same | 10 | | type, the Tax Base of
the taxing district from which | 11 | | disconnection was made shall be reduced
in proportion to the | 12 | | then current equalized assessed value of the disconnected
| 13 | | territory as compared with the then current equalized assessed | 14 | | value within the
entire territory of the taxing district prior | 15 | | to disconnection, and the
amount of such reduction shall be | 16 | | added to the Tax Base of the taxing
district to which | 17 | | annexation is made.
| 18 | | If a community college district is created after July 1, | 19 | | 1979,
beginning on the effective date of this amendatory Act of | 20 | | 1995, its Tax Base
shall be 3.5% of the sum of the personal | 21 | | property tax collected for the
1977 tax year within the | 22 | | territorial jurisdiction of the district.
| 23 | | The amounts allocated and paid to taxing districts pursuant | 24 | | to
the provisions of this amendatory Act of 1979 shall be | 25 | | deemed to be
substitute revenues for the revenues derived from | 26 | | taxes imposed on
personal property pursuant to the provisions |
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| 1 | | of the "Revenue Act of
1939" or "An Act for the assessment and | 2 | | taxation of private car line
companies", approved July 22, | 3 | | 1943, as amended, or Section 414 of the
Illinois Insurance | 4 | | Code, prior to the abolition of such taxes and shall
be used | 5 | | for the same purposes as the revenues derived from ad valorem
| 6 | | taxes on real estate.
| 7 | | Monies received by any taxing districts from the Personal | 8 | | Property
Tax Replacement Fund shall be first applied toward | 9 | | payment of the proportionate
amount of debt service which was | 10 | | previously levied and collected from
extensions against | 11 | | personal property on bonds outstanding as of December 31,
1978 | 12 | | and next applied toward payment of the proportionate share of | 13 | | the pension
or retirement obligations of the taxing district | 14 | | which were previously levied
and collected from extensions | 15 | | against personal property. For each such
outstanding bond | 16 | | issue, the County Clerk shall determine the percentage of the
| 17 | | debt service which was collected from extensions against real | 18 | | estate in the
taxing district for 1978 taxes payable in 1979, | 19 | | as related to the total amount
of such levies and collections | 20 | | from extensions against both real and personal
property. For | 21 | | 1979 and subsequent years' taxes, the County Clerk shall levy
| 22 | | and extend taxes against the real estate of each taxing | 23 | | district which will
yield the said percentage or percentages of | 24 | | the debt service on such
outstanding bonds. The balance of the | 25 | | amount necessary to fully pay such debt
service shall | 26 | | constitute a first and prior lien upon the monies
received by |
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| 1 | | each such taxing district through the Personal Property Tax
| 2 | | Replacement Fund and shall be first applied or set aside for | 3 | | such purpose.
In counties having fewer than 3,000,000 | 4 | | inhabitants, the amendments to
this paragraph as made by this | 5 | | amendatory Act of 1980 shall be first
applicable to 1980 taxes | 6 | | to be collected in 1981.
| 7 | | (Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11; | 8 | | 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
| 9 | | Section 90. The Illinois Income Tax Act is amended by | 10 | | changing Section 901 as follows: | 11 | | (35 ILCS 5/901) (from Ch. 120, par. 9-901) | 12 | | Sec. 901. Collection Authority. | 13 | | (a) In general. | 14 | | The Department shall collect the taxes imposed by this Act. | 15 | | The Department
shall collect certified past due child support | 16 | | amounts under Section 2505-650
of the Department of Revenue Law | 17 | | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), | 18 | | (e), (f), and (g) of this Section, money collected
pursuant to | 19 | | subsections (a) and (b) of Section 201 of this Act shall be
| 20 | | paid into the General Revenue Fund in the State treasury; money
| 21 | | collected pursuant to subsections (c) and (d) of Section 201 of | 22 | | this Act
shall be paid into the Personal Property Tax | 23 | | Replacement Fund, a special
fund in the State Treasury; and | 24 | | money collected under Section 2505-650 of the
Department of |
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| 1 | | Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| 2 | | Child Support Enforcement Trust Fund, a special fund outside | 3 | | the State
Treasury, or
to the State
Disbursement Unit | 4 | | established under Section 10-26 of the Illinois Public Aid
| 5 | | Code, as directed by the Department of Healthcare and Family | 6 | | Services. | 7 | | (b) Local Government Distributive Fund. | 8 | | Beginning August 1, 1969, and continuing through June 30, | 9 | | 1994, the Treasurer
shall transfer each month from the General | 10 | | Revenue Fund to a special fund in
the State treasury, to be | 11 | | known as the "Local Government Distributive Fund", an
amount | 12 | | equal to 1/12 of the net revenue realized from the tax imposed | 13 | | by
subsections (a) and (b) of Section 201 of this Act during | 14 | | the preceding month.
Beginning July 1, 1994, and continuing | 15 | | through June 30, 1995, the Treasurer
shall transfer each month | 16 | | from the General Revenue Fund to the Local Government
| 17 | | Distributive Fund an amount equal to 1/11 of the net revenue | 18 | | realized from the
tax imposed by subsections (a) and (b) of | 19 | | Section 201 of this Act during the
preceding month. Beginning | 20 | | July 1, 1995 and continuing through January 31, 2011, the | 21 | | Treasurer shall transfer each
month from the General Revenue | 22 | | Fund to the Local Government Distributive Fund
an amount equal | 23 | | to the net of (i) 1/10 of the net revenue realized from the
tax | 24 | | imposed by
subsections (a) and (b) of Section 201 of the | 25 | | Illinois Income Tax Act during
the preceding month
(ii) minus, | 26 | | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, |
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| 1 | | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | 2 | | and continuing through January 31, 2015, the Treasurer shall | 3 | | transfer each month from the General Revenue Fund to the Local | 4 | | Government Distributive Fund an amount equal to the sum of (i) | 5 | | 6% (10% of the ratio of the 3% individual income tax rate prior | 6 | | to 2011 to the 5% individual income tax rate after 2010) of the | 7 | | net revenue realized from the tax imposed by subsections (a) | 8 | | and (b) of Section 201 of this Act upon individuals, trusts, | 9 | | and estates during the preceding month and (ii) 6.86% (10% of | 10 | | the ratio of the 4.8% corporate income tax rate prior to 2011 | 11 | | to the 7% corporate income tax rate after 2010) of the net | 12 | | revenue realized from the tax imposed by subsections (a) and | 13 | | (b) of Section 201 of this Act upon corporations during the | 14 | | preceding month. Beginning February 1, 2015 and continuing | 15 | | through January 31, 2025, the Treasurer shall transfer each | 16 | | month from the General Revenue Fund to the Local Government | 17 | | Distributive Fund an amount equal to the sum of (i) 8% (10% of | 18 | | the ratio of the 3% individual income tax rate prior to 2011 to | 19 | | the 3.75% individual income tax rate after 2014) of the net | 20 | | revenue realized from the tax imposed by subsections (a) and | 21 | | (b) of Section 201 of this Act upon individuals, trusts, and | 22 | | estates during the preceding month and (ii) 9.14% (10% of the | 23 | | ratio of the 4.8% corporate income tax rate prior to 2011 to | 24 | | the 5.25% corporate income tax rate after 2014) of the net | 25 | | revenue realized from the tax imposed by subsections (a) and | 26 | | (b) of Section 201 of this Act upon corporations during the |
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| 1 | | preceding month. Beginning February 1, 2025, the Treasurer | 2 | | shall transfer each month from the General Revenue Fund to the | 3 | | Local Government Distributive Fund an amount equal to the sum | 4 | | of (i) 9.23% (10% of the ratio of the 3% individual income tax | 5 | | rate prior to 2011 to the 3.25% individual income tax rate | 6 | | after 2024) of the net revenue realized from the tax imposed by | 7 | | subsections (a) and (b) of Section 201 of this Act upon | 8 | | individuals, trusts, and estates during the preceding month and | 9 | | (ii) 10% of the net revenue realized from the tax imposed by | 10 | | subsections (a) and (b) of Section 201 of this Act upon | 11 | | corporations during the preceding month. Net revenue realized | 12 | | for a month shall be defined as the
revenue from the tax | 13 | | imposed by subsections (a) and (b) of Section 201 of this
Act | 14 | | which is deposited in the General Revenue Fund, the Education | 15 | | Assistance
Fund, the Income Tax Surcharge Local Government | 16 | | Distributive Fund, the Fund for the Advancement of Education, | 17 | | and the Commitment to Human Services Fund during the
month | 18 | | minus the amount paid out of the General Revenue Fund in State | 19 | | warrants
during that same month as refunds to taxpayers for | 20 | | overpayment of liability
under the tax imposed by subsections | 21 | | (a) and (b) of Section 201 of this Act. | 22 | | (c) Deposits Into Income and Property Tax Refund Fund. | 23 | | (1) Beginning on January 1, 1989 and thereafter, the | 24 | | Department shall
deposit a percentage of the amounts | 25 | | collected pursuant to subsections (a)
and (b)(1), (2), and | 26 | | (3), of Section 201 of this Act into a fund in the State
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| 1 | | treasury known as the Income and Property Tax Refund Fund. | 2 | | The Department shall deposit 6%
of such amounts during the | 3 | | period beginning January 1, 1989 and ending on June
30, | 4 | | 1989. Beginning with State fiscal year 1990 and for each | 5 | | fiscal year
thereafter, the percentage deposited into the | 6 | | Income and Property Tax Refund Fund during a
fiscal year | 7 | | shall be the Annual Percentage. For fiscal years 1999 | 8 | | through
2001, the Annual Percentage shall be 7.1%.
For | 9 | | fiscal year 2003, the Annual Percentage shall be 8%.
For | 10 | | fiscal year 2004, the Annual Percentage shall be 11.7%. | 11 | | Upon the effective date of this amendatory Act of the 93rd | 12 | | General Assembly, the Annual Percentage shall be 10% for | 13 | | fiscal year 2005. For fiscal year 2006, the Annual | 14 | | Percentage shall be 9.75%. For fiscal
year 2007, the Annual | 15 | | Percentage shall be 9.75%. For fiscal year 2008, the Annual | 16 | | Percentage shall be 7.75%. For fiscal year 2009, the Annual | 17 | | Percentage shall be 9.75%. For fiscal year 2010, the Annual | 18 | | Percentage shall be 9.75%. For fiscal year 2011, the Annual | 19 | | Percentage shall be 8.75%. For fiscal year 2012, the Annual | 20 | | Percentage shall be 8.75%. For fiscal year 2013, the Annual | 21 | | Percentage shall be 9.75%. For fiscal year 2014, the Annual | 22 | | Percentage shall be 9.5%. For all other
fiscal years, the
| 23 | | Annual Percentage shall be calculated as a fraction, the | 24 | | numerator of which
shall be the amount of refunds approved | 25 | | for payment by the Department during
the preceding fiscal | 26 | | year as a result of overpayment of tax liability under
|
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| 1 | | subsections (a) and (b)(1), (2), and (3) of Section 201 of | 2 | | this Act plus the
amount of such refunds remaining approved | 3 | | but unpaid at the end of the
preceding fiscal year, minus | 4 | | the amounts transferred into the Income and Property Tax
| 5 | | Refund Fund from the Tobacco Settlement Recovery Fund, and
| 6 | | the denominator of which shall be the amounts which will be | 7 | | collected pursuant
to subsections (a) and (b)(1), (2), and | 8 | | (3) of Section 201 of this Act during
the preceding fiscal | 9 | | year; except that in State fiscal year 2002, the Annual
| 10 | | Percentage shall in no event exceed 7.6%. The Director of | 11 | | Revenue shall
certify the Annual Percentage to the | 12 | | Comptroller on the last business day of
the fiscal year | 13 | | immediately preceding the fiscal year for which it is to be
| 14 | | effective. | 15 | | (2) Beginning on January 1, 1989 and thereafter, the | 16 | | Department shall
deposit a percentage of the amounts | 17 | | collected pursuant to subsections (a)
and (b)(6), (7), and | 18 | | (8), (c) and (d) of Section 201
of this Act into a fund in | 19 | | the State treasury known as the Income and Property Tax
| 20 | | Refund Fund. The Department shall deposit 18% of such | 21 | | amounts during the
period beginning January 1, 1989 and | 22 | | ending on June 30, 1989. Beginning
with State fiscal year | 23 | | 1990 and for each fiscal year thereafter, the
percentage | 24 | | deposited into the Income and Property Tax Refund Fund | 25 | | during a fiscal year
shall be the Annual Percentage. For | 26 | | fiscal years 1999, 2000, and 2001, the
Annual Percentage |
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| 1 | | shall be 19%.
For fiscal year 2003, the Annual Percentage | 2 | | shall be 27%. For fiscal year
2004, the Annual Percentage | 3 | | shall be 32%.
Upon the effective date of this amendatory | 4 | | Act of the 93rd General Assembly, the Annual Percentage | 5 | | shall be 24% for fiscal year 2005.
For fiscal year 2006, | 6 | | the Annual Percentage shall be 20%. For fiscal
year 2007, | 7 | | the Annual Percentage shall be 17.5%. For fiscal year 2008, | 8 | | the Annual Percentage shall be 15.5%. For fiscal year 2009, | 9 | | the Annual Percentage shall be 17.5%. For fiscal year 2010, | 10 | | the Annual Percentage shall be 17.5%. For fiscal year 2011, | 11 | | the Annual Percentage shall be 17.5%. For fiscal year 2012, | 12 | | the Annual Percentage shall be 17.5%. For fiscal year 2013, | 13 | | the Annual Percentage shall be 14%. For fiscal year 2014, | 14 | | the Annual Percentage shall be 13.4%. For all other fiscal | 15 | | years, the Annual
Percentage shall be calculated
as a | 16 | | fraction, the numerator of which shall be the amount of | 17 | | refunds
approved for payment by the Department during the | 18 | | preceding fiscal year as
a result of overpayment of tax | 19 | | liability under subsections (a) and (b)(6),
(7), and (8), | 20 | | (c) and (d) of Section 201 of this Act plus the
amount of | 21 | | such refunds remaining approved but unpaid at the end of | 22 | | the
preceding fiscal year, and the denominator of
which | 23 | | shall be the amounts which will be collected pursuant to | 24 | | subsections (a)
and (b)(6), (7), and (8), (c) and (d) of | 25 | | Section 201 of this Act during the
preceding fiscal year; | 26 | | except that in State fiscal year 2002, the Annual
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| 1 | | Percentage shall in no event exceed 23%. The Director of | 2 | | Revenue shall
certify the Annual Percentage to the | 3 | | Comptroller on the last business day of
the fiscal year | 4 | | immediately preceding the fiscal year for which it is to be
| 5 | | effective. | 6 | | (3) The Comptroller shall order transferred and the | 7 | | Treasurer shall
transfer from the Tobacco Settlement | 8 | | Recovery Fund to the Income and Property Tax Refund
Fund | 9 | | (i) $35,000,000 in January, 2001, (ii) $35,000,000 in | 10 | | January, 2002, and
(iii) $35,000,000 in January, 2003. | 11 | | (d) Expenditures from Income and Property Tax Refund Fund. | 12 | | (1) Beginning January 1, 1989, money in the Income Tax | 13 | | Refund Fund
shall be expended exclusively for the purpose | 14 | | of paying refunds resulting
from overpayment of tax | 15 | | liability under Section 201 of this Act, for paying
rebates | 16 | | under Section 208.1 in the event that the amounts in the | 17 | | Homeowners'
Tax Relief Fund are insufficient for that | 18 | | purpose,
for paying refunds under the Property Tax Refund | 19 | | Act, and for
making transfers pursuant to this subsection | 20 | | (d). | 21 | | (2) The Director shall order payment of refunds | 22 | | resulting from
overpayment of tax liability under Section | 23 | | 201 of this Act from the
Income and Property Tax Refund | 24 | | Fund only to the extent that amounts collected pursuant
to | 25 | | Section 201 of this Act and transfers pursuant to this | 26 | | subsection (d)
and item (3) of subsection (c) have been |
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| 1 | | deposited and retained in the
Fund. | 2 | | (3) As soon as possible after the end of each fiscal | 3 | | year, the Director
shall
order transferred and the State | 4 | | Treasurer and State Comptroller shall
transfer from the | 5 | | Income and Property Tax Refund Fund to the Personal | 6 | | Property Tax
Replacement Fund an amount, certified by the | 7 | | Director to the Comptroller,
equal to the excess of the | 8 | | amount collected pursuant to subsections (c) and
(d) of | 9 | | Section 201 of this Act deposited into the Income and | 10 | | Property Tax Refund Fund
during the fiscal year over the | 11 | | amount of refunds resulting from
overpayment of tax | 12 | | liability under subsections (c) and (d) of Section 201
of | 13 | | this Act paid from the Income Tax Refund Fund during the | 14 | | fiscal year. | 15 | | (4) As soon as possible after the end of each fiscal | 16 | | year, the Director shall
order transferred and the State | 17 | | Treasurer and State Comptroller shall
transfer from the | 18 | | Personal Property Tax Replacement Fund to the Income and | 19 | | Property Tax
Refund Fund an amount, certified by the | 20 | | Director to the Comptroller, equal
to the excess of the | 21 | | amount of refunds resulting from overpayment of tax
| 22 | | liability under subsections (c) and (d) of Section 201 of | 23 | | this Act paid
from the Income and Property Tax Refund Fund | 24 | | during the fiscal year over the amount
collected pursuant | 25 | | to subsections (c) and (d) of Section 201 of this Act
| 26 | | deposited into the Income Tax Refund Fund during the fiscal |
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| 1 | | year. | 2 | | (4.5) As soon as possible after the end of fiscal year | 3 | | 1999 and of each
fiscal year
thereafter, the Director shall | 4 | | order transferred and the State Treasurer and
State | 5 | | Comptroller shall transfer from the Income and Property Tax | 6 | | Refund Fund to the General
Revenue Fund any surplus | 7 | | remaining in the Income and Property Tax Refund Fund as of | 8 | | the end
of such fiscal year; excluding for fiscal years | 9 | | 2000, 2001, and 2002
amounts attributable to transfers | 10 | | under item (3) of subsection (c) less refunds
resulting | 11 | | from the earned income tax credit. | 12 | | (5) This Act shall constitute an irrevocable and | 13 | | continuing
appropriation from the Income and Property Tax | 14 | | Refund Fund for the purpose of paying
refunds upon the | 15 | | order of the Director in accordance with the provisions of
| 16 | | this Section. | 17 | | (e) Deposits into the Education Assistance Fund and the | 18 | | Income Tax
Surcharge Local Government Distributive Fund. | 19 | | On July 1, 1991, and thereafter, of the amounts collected | 20 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, | 21 | | minus deposits into the
Income and Property Tax Refund Fund, | 22 | | the Department shall deposit 7.3% into the
Education Assistance | 23 | | Fund in the State Treasury. Beginning July 1, 1991,
and | 24 | | continuing through January 31, 1993, of the amounts collected | 25 | | pursuant to
subsections (a) and (b) of Section 201 of the | 26 | | Illinois Income Tax Act, minus
deposits into the Income and |
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| 1 | | Property Tax Refund Fund, the Department shall deposit 3.0%
| 2 | | into the Income Tax Surcharge Local Government Distributive | 3 | | Fund in the State
Treasury. Beginning February 1, 1993 and | 4 | | continuing through June 30, 1993, of
the amounts collected | 5 | | pursuant to subsections (a) and (b) of Section 201 of the
| 6 | | Illinois Income Tax Act, minus deposits into the Income and | 7 | | Property Tax Refund Fund, the
Department shall deposit 4.4% | 8 | | into the Income Tax Surcharge Local Government
Distributive | 9 | | Fund in the State Treasury. Beginning July 1, 1993, and
| 10 | | continuing through June 30, 1994, of the amounts collected | 11 | | under subsections
(a) and (b) of Section 201 of this Act, minus | 12 | | deposits into the Income and Property Tax
Refund Fund, the | 13 | | Department shall deposit 1.475% into the Income Tax Surcharge
| 14 | | Local Government Distributive Fund in the State Treasury. | 15 | | (f) Deposits into the Fund for the Advancement of | 16 | | Education. Beginning February 1, 2015, the Department shall | 17 | | deposit the following portions of the revenue realized from the | 18 | | tax imposed upon individuals, trusts, and estates by | 19 | | subsections (a) and (b) of Section 201 of this Act during the | 20 | | preceding month, minus deposits into the Income Tax Refund | 21 | | Fund, into the Fund for the Advancement of Education: | 22 | | (1) beginning February 1, 2015, and prior to February | 23 | | 1, 2025, 1/30; and | 24 | | (2) beginning February 1, 2025, 1/26. | 25 | | If the rate of tax imposed by subsection (a) and (b) of | 26 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
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| 1 | | the Department shall not make the deposits required by this | 2 | | subsection (f) on or after the effective date of the reduction. | 3 | | (g) Deposits into the Commitment to Human Services Fund. | 4 | | Beginning February 1, 2015, the Department shall deposit the | 5 | | following portions of the revenue realized from the tax imposed | 6 | | upon individuals, trusts, and estates by subsections (a) and | 7 | | (b) of Section 201 of this Act during the preceding month, | 8 | | minus deposits into the Income and Property Tax Refund Fund, | 9 | | into the Commitment to Human Services Fund: | 10 | | (1) beginning February 1, 2015, and prior to February | 11 | | 1, 2025, 1/30; and | 12 | | (2) beginning February 1, 2025, 1/26. | 13 | | If the rate of tax imposed by subsection (a) and (b) of | 14 | | Section 201 is reduced pursuant to Section 201.5 of this Act, | 15 | | the Department shall not make the deposits required by this | 16 | | subsection (g) on or after the effective date of the reduction. | 17 | | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | 18 | | eff. 6-19-13.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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