Full Text of SB0279 98th General Assembly
SB0279sam001 98TH GENERAL ASSEMBLY | Sen. Donne E. Trotter Filed: 5/6/2014
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| 1 | | AMENDMENT TO SENATE BILL 279
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 279 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Purpose. The purpose of this amendatory Act of | 5 | | the 98th General Assembly is to provide additional funding for | 6 | | school districts throughout the State. | 7 | | Section 5. The State Finance Act is amended by changing | 8 | | Section 6z-17 as follows:
| 9 | | (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
| 10 | | Sec. 6z-17. Of the money paid into the State and Local | 11 | | Sales Tax Reform
Fund: (i) subject to appropriation to the | 12 | | Department of Revenue,
Municipalities having 1,000,000 or more | 13 | | inhabitants shall
receive 20% and may expend such amount to | 14 | | fund and establish a program for
developing and coordinating | 15 | | public and private resources targeted to meet
the affordable |
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| 1 | | housing needs of low-income and very low-income households
| 2 | | within such municipality, (ii) 10% shall be transferred into | 3 | | the Regional
Transportation Authority Occupation and Use Tax | 4 | | Replacement Fund, a special
fund in the State treasury which is | 5 | | hereby created, (iii) until July 1, 2013, subject to
| 6 | | appropriation to the Department of Transportation, the Madison | 7 | | County Mass Transit
District shall receive .6%, and beginning | 8 | | on July 1, 2013, subject to appropriation to the Department of | 9 | | Revenue, 0.6% shall be distributed each month out of the Fund | 10 | | to the Madison County Mass Transit District, (iv)
the following | 11 | | amounts, plus any cumulative deficiency in such transfers for
| 12 | | prior months, shall be transferred monthly into the Build | 13 | | Illinois
Fund and credited to the Build Illinois Bond Account | 14 | | therein:
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15 | | Fiscal Year |
Amount |
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16 | | 1990 |
$2,700,000 |
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17 | | 1991 |
1,850,000 |
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18 | | 1992 |
2,750,000 |
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19 | | 1993 |
2,950,000 |
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20 | | From Fiscal Year 1994 through Fiscal Year 2025 the transfer | 21 | | shall total
$3,150,000 monthly, plus any cumulative deficiency | 22 | | in such transfers for
prior months, and (v) except as otherwise | 23 | | provided in this Section with respect to Fiscal Year 2015 | 24 | | transfers, the remainder of the money paid into the State and
| 25 | | Local Sales Tax Reform Fund shall be
transferred into the Local | 26 | | Government Distributive Fund and, except for
municipalities |
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| 1 | | with 1,000,000 or more inhabitants which shall receive no
| 2 | | portion of such remainder, shall be distributed, subject to | 3 | | appropriation,
in the manner provided by Section 2 of "An Act | 4 | | in relation to State revenue
sharing with local government | 5 | | entities", approved July 31, 1969, as now or
hereafter amended. | 6 | | Notwithstanding any other provision of law, the amounts | 7 | | required to be transferred from the State and Local Sales Tax | 8 | | Reform
Fund to the Local Government Distributive Fund under | 9 | | this Section in Fiscal Year 2015 shall instead be transferred | 10 | | from the State and Local Sales Tax Reform
Fund to the Common | 11 | | School Fund; those moneys shall be distributed in accordance | 12 | | with Article 18 of the School Code. Municipalities with more | 13 | | than 50,000 inhabitants
according to the 1980 U.S. Census and | 14 | | located within the Metro East Mass
Transit District receiving | 15 | | funds from the Local Government Distributive Fund pursuant to | 16 | | provision (v) of this
paragraph may expend such amounts to fund | 17 | | and establish a program for
developing and coordinating public | 18 | | and private resources targeted to meet
the affordable housing | 19 | | needs of low-income and very low-income households
within such | 20 | | municipality.
| 21 | | (Source: P.A. 98-44, eff. 6-28-13.)
| 22 | | Section 10. The Illinois Income Tax Act is amended by | 23 | | changing Section 901 as follows: | 24 | | (35 ILCS 5/901) (from Ch. 120, par. 9-901) |
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| 1 | | Sec. 901. Collection Authority. | 2 | | (a) In general. | 3 | | The Department shall collect the taxes imposed by this Act. | 4 | | The Department
shall collect certified past due child support | 5 | | amounts under Section 2505-650
of the Department of Revenue Law | 6 | | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), | 7 | | (e), (f), and (g) of this Section, money collected
pursuant to | 8 | | subsections (a) and (b) of Section 201 of this Act shall be
| 9 | | paid into the General Revenue Fund in the State treasury; money
| 10 | | collected pursuant to subsections (c) and (d) of Section 201 of | 11 | | this Act
shall be paid into the Personal Property Tax | 12 | | Replacement Fund, a special
fund in the State Treasury; and | 13 | | money collected under Section 2505-650 of the
Department of | 14 | | Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| 15 | | Child Support Enforcement Trust Fund, a special fund outside | 16 | | the State
Treasury, or
to the State
Disbursement Unit | 17 | | established under Section 10-26 of the Illinois Public Aid
| 18 | | Code, as directed by the Department of Healthcare and Family | 19 | | Services. | 20 | | (b) Local Government Distributive Fund. | 21 | | Beginning August 1, 1969, and continuing through June 30, | 22 | | 1994, the Treasurer
shall transfer each month from the General | 23 | | Revenue Fund to a special fund in
the State treasury, to be | 24 | | known as the "Local Government Distributive Fund", an
amount | 25 | | equal to 1/12 of the net revenue realized from the tax imposed | 26 | | by
subsections (a) and (b) of Section 201 of this Act during |
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| 1 | | the preceding month.
Beginning July 1, 1994, and continuing | 2 | | through June 30, 1995, the Treasurer
shall transfer each month | 3 | | from the General Revenue Fund to the Local Government
| 4 | | Distributive Fund an amount equal to 1/11 of the net revenue | 5 | | realized from the
tax imposed by subsections (a) and (b) of | 6 | | Section 201 of this Act during the
preceding month. Beginning | 7 | | July 1, 1995 and continuing through January 31, 2011, the | 8 | | Treasurer shall transfer each
month from the General Revenue | 9 | | Fund to the Local Government Distributive Fund
an amount equal | 10 | | to the net of (i) 1/10 of the net revenue realized from the
tax | 11 | | imposed by
subsections (a) and (b) of Section 201 of the | 12 | | Illinois Income Tax Act during
the preceding month
(ii) minus, | 13 | | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | 14 | | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | 15 | | and continuing through January 31, 2015, except as otherwise | 16 | | provided with respect to transfers occurring in Fiscal Year | 17 | | 2015, the Treasurer shall transfer each month from the General | 18 | | Revenue Fund to the Local Government Distributive Fund an | 19 | | amount equal to the sum of (i) 6% (10% of the ratio of the 3% | 20 | | individual income tax rate prior to 2011 to the 5% individual | 21 | | income tax rate after 2010) of the net revenue realized from | 22 | | the tax imposed by subsections (a) and (b) of Section 201 of | 23 | | this Act upon individuals, trusts, and estates during the | 24 | | preceding month and (ii) 6.86% (10% of the ratio of the 4.8% | 25 | | corporate income tax rate prior to 2011 to the 7% corporate | 26 | | income tax rate after 2010) of the net revenue realized from |
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| 1 | | the tax imposed by subsections (a) and (b) of Section 201 of | 2 | | this Act upon corporations during the preceding month. | 3 | | Beginning February 1, 2015 and continuing through January 31, | 4 | | 2025, except as otherwise provided with respect to transfers | 5 | | occurring in Fiscal Year 2015, the Treasurer shall transfer | 6 | | each month from the General Revenue Fund to the Local | 7 | | Government Distributive Fund an amount equal to the sum of (i) | 8 | | 8% (10% of the ratio of the 3% individual income tax rate prior | 9 | | to 2011 to the 3.75% individual income tax rate after 2014) of | 10 | | the net revenue realized from the tax imposed by subsections | 11 | | (a) and (b) of Section 201 of this Act upon individuals, | 12 | | trusts, and estates during the preceding month and (ii) 9.14% | 13 | | (10% of the ratio of the 4.8% corporate income tax rate prior | 14 | | to 2011 to the 5.25% corporate income tax rate after 2014) of | 15 | | the net revenue realized from the tax imposed by subsections | 16 | | (a) and (b) of Section 201 of this Act upon corporations during | 17 | | the preceding month. Notwithstanding any other provision of | 18 | | law, the amounts required to be transferred from the General | 19 | | Revenue Fund to the Local Government Distributive Fund under | 20 | | this subsection (b) in Fiscal Year 2015 shall instead be | 21 | | transferred from the General Revenue Fund to the Common School | 22 | | Fund; those moneys shall be distributed in accordance with | 23 | | Article 18 of the School Code. Beginning February 1, 2025, the | 24 | | Treasurer shall transfer each month from the General Revenue | 25 | | Fund to the Local Government Distributive Fund an amount equal | 26 | | to the sum of (i) 9.23% (10% of the ratio of the 3% individual |
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| 1 | | income tax rate prior to 2011 to the 3.25% individual income | 2 | | tax rate after 2024) of the net revenue realized from the tax | 3 | | imposed by subsections (a) and (b) of Section 201 of this Act | 4 | | upon individuals, trusts, and estates during the preceding | 5 | | month and (ii) 10% of the net revenue realized from the tax | 6 | | imposed by subsections (a) and (b) of Section 201 of this Act | 7 | | upon corporations during the preceding month. Net revenue | 8 | | realized for a month shall be defined as the
revenue from the | 9 | | tax imposed by subsections (a) and (b) of Section 201 of this
| 10 | | Act which is deposited in the General Revenue Fund, the | 11 | | Education Assistance
Fund, the Income Tax Surcharge Local | 12 | | Government Distributive Fund, the Fund for the Advancement of | 13 | | Education, and the Commitment to Human Services Fund during the
| 14 | | month minus the amount paid out of the General Revenue Fund in | 15 | | State warrants
during that same month as refunds to taxpayers | 16 | | for overpayment of liability
under the tax imposed by | 17 | | subsections (a) and (b) of Section 201 of this Act. | 18 | | (c) Deposits Into Income Tax Refund Fund. | 19 | | (1) Beginning on January 1, 1989 and thereafter, the | 20 | | Department shall
deposit a percentage of the amounts | 21 | | collected pursuant to subsections (a)
and (b)(1), (2), and | 22 | | (3), of Section 201 of this Act into a fund in the State
| 23 | | treasury known as the Income Tax Refund Fund. The | 24 | | Department shall deposit 6%
of such amounts during the | 25 | | period beginning January 1, 1989 and ending on June
30, | 26 | | 1989. Beginning with State fiscal year 1990 and for each |
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| 1 | | fiscal year
thereafter, the percentage deposited into the | 2 | | Income Tax Refund Fund during a
fiscal year shall be the | 3 | | Annual Percentage. For fiscal years 1999 through
2001, the | 4 | | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | 5 | | Annual Percentage shall be 8%.
For fiscal year 2004, the | 6 | | Annual Percentage shall be 11.7%. Upon the effective date | 7 | | of this amendatory Act of the 93rd General Assembly, the | 8 | | Annual Percentage shall be 10% for fiscal year 2005. For | 9 | | fiscal year 2006, the Annual Percentage shall be 9.75%. For | 10 | | fiscal
year 2007, the Annual Percentage shall be 9.75%. For | 11 | | fiscal year 2008, the Annual Percentage shall be 7.75%. For | 12 | | fiscal year 2009, the Annual Percentage shall be 9.75%. For | 13 | | fiscal year 2010, the Annual Percentage shall be 9.75%. For | 14 | | fiscal year 2011, the Annual Percentage shall be 8.75%. For | 15 | | fiscal year 2012, the Annual Percentage shall be 8.75%. For | 16 | | fiscal year 2013, the Annual Percentage shall be 9.75%. For | 17 | | fiscal year 2014, the Annual Percentage shall be 9.5%. For | 18 | | all other
fiscal years, the
Annual Percentage shall be | 19 | | calculated as a fraction, the numerator of which
shall be | 20 | | the amount of refunds approved for payment by the | 21 | | Department during
the preceding fiscal year as a result of | 22 | | overpayment of tax liability under
subsections (a) and | 23 | | (b)(1), (2), and (3) of Section 201 of this Act plus the
| 24 | | amount of such refunds remaining approved but unpaid at the | 25 | | end of the
preceding fiscal year, minus the amounts | 26 | | transferred into the Income Tax
Refund Fund from the |
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| 1 | | Tobacco Settlement Recovery Fund, and
the denominator of | 2 | | which shall be the amounts which will be collected pursuant
| 3 | | to subsections (a) and (b)(1), (2), and (3) of Section 201 | 4 | | of this Act during
the preceding fiscal year; except that | 5 | | in State fiscal year 2002, the Annual
Percentage shall in | 6 | | no event exceed 7.6%. The Director of Revenue shall
certify | 7 | | the Annual Percentage to the Comptroller on the last | 8 | | business day of
the fiscal year immediately preceding the | 9 | | fiscal year for which it is to be
effective. | 10 | | (2) Beginning on January 1, 1989 and thereafter, the | 11 | | Department shall
deposit a percentage of the amounts | 12 | | collected pursuant to subsections (a)
and (b)(6), (7), and | 13 | | (8), (c) and (d) of Section 201
of this Act into a fund in | 14 | | the State treasury known as the Income Tax
Refund Fund. The | 15 | | Department shall deposit 18% of such amounts during the
| 16 | | period beginning January 1, 1989 and ending on June 30, | 17 | | 1989. Beginning
with State fiscal year 1990 and for each | 18 | | fiscal year thereafter, the
percentage deposited into the | 19 | | Income Tax Refund Fund during a fiscal year
shall be the | 20 | | Annual Percentage. For fiscal years 1999, 2000, and 2001, | 21 | | the
Annual Percentage shall be 19%.
For fiscal year 2003, | 22 | | the Annual Percentage shall be 27%. For fiscal year
2004, | 23 | | the Annual Percentage shall be 32%.
Upon the effective date | 24 | | of this amendatory Act of the 93rd General Assembly, the | 25 | | Annual Percentage shall be 24% for fiscal year 2005.
For | 26 | | fiscal year 2006, the Annual Percentage shall be 20%. For |
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| 1 | | fiscal
year 2007, the Annual Percentage shall be 17.5%. For | 2 | | fiscal year 2008, the Annual Percentage shall be 15.5%. For | 3 | | fiscal year 2009, the Annual Percentage shall be 17.5%. For | 4 | | fiscal year 2010, the Annual Percentage shall be 17.5%. For | 5 | | fiscal year 2011, the Annual Percentage shall be 17.5%. For | 6 | | fiscal year 2012, the Annual Percentage shall be 17.5%. For | 7 | | fiscal year 2013, the Annual Percentage shall be 14%. For | 8 | | fiscal year 2014, the Annual Percentage shall be 13.4%. For | 9 | | all other fiscal years, the Annual
Percentage shall be | 10 | | calculated
as a fraction, the numerator of which shall be | 11 | | the amount of refunds
approved for payment by the | 12 | | Department during the preceding fiscal year as
a result of | 13 | | overpayment of tax liability under subsections (a) and | 14 | | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | 15 | | Act plus the
amount of such refunds remaining approved but | 16 | | unpaid at the end of the
preceding fiscal year, and the | 17 | | denominator of
which shall be the amounts which will be | 18 | | collected pursuant to subsections (a)
and (b)(6), (7), and | 19 | | (8), (c) and (d) of Section 201 of this Act during the
| 20 | | preceding fiscal year; except that in State fiscal year | 21 | | 2002, the Annual
Percentage shall in no event exceed 23%. | 22 | | The Director of Revenue shall
certify the Annual Percentage | 23 | | to the Comptroller on the last business day of
the fiscal | 24 | | year immediately preceding the fiscal year for which it is | 25 | | to be
effective. | 26 | | (3) The Comptroller shall order transferred and the |
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| 1 | | Treasurer shall
transfer from the Tobacco Settlement | 2 | | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | 3 | | in January, 2001, (ii) $35,000,000 in January, 2002, and
| 4 | | (iii) $35,000,000 in January, 2003. | 5 | | (d) Expenditures from Income Tax Refund Fund. | 6 | | (1) Beginning January 1, 1989, money in the Income Tax | 7 | | Refund Fund
shall be expended exclusively for the purpose | 8 | | of paying refunds resulting
from overpayment of tax | 9 | | liability under Section 201 of this Act, for paying
rebates | 10 | | under Section 208.1 in the event that the amounts in the | 11 | | Homeowners'
Tax Relief Fund are insufficient for that | 12 | | purpose,
and for
making transfers pursuant to this | 13 | | subsection (d). | 14 | | (2) The Director shall order payment of refunds | 15 | | resulting from
overpayment of tax liability under Section | 16 | | 201 of this Act from the
Income Tax Refund Fund only to the | 17 | | extent that amounts collected pursuant
to Section 201 of | 18 | | this Act and transfers pursuant to this subsection (d)
and | 19 | | item (3) of subsection (c) have been deposited and retained | 20 | | in the
Fund. | 21 | | (3) As soon as possible after the end of each fiscal | 22 | | year, the Director
shall
order transferred and the State | 23 | | Treasurer and State Comptroller shall
transfer from the | 24 | | Income Tax Refund Fund to the Personal Property Tax
| 25 | | Replacement Fund an amount, certified by the Director to | 26 | | the Comptroller,
equal to the excess of the amount |
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| 1 | | collected pursuant to subsections (c) and
(d) of Section | 2 | | 201 of this Act deposited into the Income Tax Refund Fund
| 3 | | during the fiscal year over the amount of refunds resulting | 4 | | from
overpayment of tax liability under subsections (c) and | 5 | | (d) of Section 201
of this Act paid from the Income Tax | 6 | | Refund Fund during the fiscal year. | 7 | | (4) As soon as possible after the end of each fiscal | 8 | | year, the Director shall
order transferred and the State | 9 | | Treasurer and State Comptroller shall
transfer from the | 10 | | Personal Property Tax Replacement Fund to the Income Tax
| 11 | | Refund Fund an amount, certified by the Director to the | 12 | | Comptroller, equal
to the excess of the amount of refunds | 13 | | resulting from overpayment of tax
liability under | 14 | | subsections (c) and (d) of Section 201 of this Act paid
| 15 | | from the Income Tax Refund Fund during the fiscal year over | 16 | | the amount
collected pursuant to subsections (c) and (d) of | 17 | | Section 201 of this Act
deposited into the Income Tax | 18 | | Refund Fund during the fiscal year. | 19 | | (4.5) As soon as possible after the end of fiscal year | 20 | | 1999 and of each
fiscal year
thereafter, the Director shall | 21 | | order transferred and the State Treasurer and
State | 22 | | Comptroller shall transfer from the Income Tax Refund Fund | 23 | | to the General
Revenue Fund any surplus remaining in the | 24 | | Income Tax Refund Fund as of the end
of such fiscal year; | 25 | | excluding for fiscal years 2000, 2001, and 2002
amounts | 26 | | attributable to transfers under item (3) of subsection (c) |
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| 1 | | less refunds
resulting from the earned income tax credit. | 2 | | (5) This Act shall constitute an irrevocable and | 3 | | continuing
appropriation from the Income Tax Refund Fund | 4 | | for the purpose of paying
refunds upon the order of the | 5 | | Director in accordance with the provisions of
this Section. | 6 | | (e) Deposits into the Education Assistance Fund and the | 7 | | Income Tax
Surcharge Local Government Distributive Fund. | 8 | | On July 1, 1991, and thereafter, of the amounts collected | 9 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, | 10 | | minus deposits into the
Income Tax Refund Fund, the Department | 11 | | shall deposit 7.3% into the
Education Assistance Fund in the | 12 | | State Treasury. Beginning July 1, 1991,
and continuing through | 13 | | January 31, 1993, of the amounts collected pursuant to
| 14 | | subsections (a) and (b) of Section 201 of the Illinois Income | 15 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the | 16 | | Department shall deposit 3.0%
into the Income Tax Surcharge | 17 | | Local Government Distributive Fund in the State
Treasury. | 18 | | Beginning February 1, 1993 and continuing through June 30, | 19 | | 1993, of
the amounts collected pursuant to subsections (a) and | 20 | | (b) of Section 201 of the
Illinois Income Tax Act, minus | 21 | | deposits into the Income Tax Refund Fund, the
Department shall | 22 | | deposit 4.4% into the Income Tax Surcharge Local Government
| 23 | | Distributive Fund in the State Treasury. Beginning July 1, | 24 | | 1993, and
continuing through June 30, 1994, of the amounts | 25 | | collected under subsections
(a) and (b) of Section 201 of this | 26 | | Act, minus deposits into the Income Tax
Refund Fund, the |
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| 1 | | Department shall deposit 1.475% into the Income Tax Surcharge
| 2 | | Local Government Distributive Fund in the State Treasury. | 3 | | (f) Deposits into the Fund for the Advancement of | 4 | | Education. Beginning February 1, 2015, the Department shall | 5 | | deposit the following portions of the revenue realized from the | 6 | | tax imposed upon individuals, trusts, and estates by | 7 | | subsections (a) and (b) of Section 201 of this Act during the | 8 | | preceding month, minus deposits into the Income Tax Refund | 9 | | Fund, into the Fund for the Advancement of Education: | 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 (f) on or after the effective date of the reduction. | 17 | | (g) Deposits into the Commitment to Human Services Fund. | 18 | | Beginning February 1, 2015, the Department shall deposit the | 19 | | following portions of the revenue realized from the tax imposed | 20 | | upon individuals, trusts, and estates by subsections (a) and | 21 | | (b) of Section 201 of this Act during the preceding month, | 22 | | minus deposits into the Income Tax Refund Fund, into the | 23 | | Commitment to Human Services Fund: | 24 | | (1) beginning February 1, 2015, and prior to February | 25 | | 1, 2025, 1/30; and | 26 | | (2) beginning February 1, 2025, 1/26. |
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| 1 | | If the rate of tax imposed by subsection (a) and (b) of | 2 | | Section 201 is reduced pursuant to Section 201.5 of this Act, | 3 | | the Department shall not make the deposits required by this | 4 | | subsection (g) on or after the effective date of the reduction. | 5 | | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | 6 | | eff. 6-19-13.)
| 7 | | Section 15. The Aircraft Use Tax Law is amended by changing | 8 | | Section 10-40 as follows:
| 9 | | (35 ILCS 157/10-40)
| 10 | | Sec. 10-40.
Payments to Local Government Distributive | 11 | | Fund , Common School Fund, and General
Revenue Fund. The
| 12 | | Department of Revenue shall each month, upon collecting any | 13 | | taxes as provided
in this Law,
pay the
money collected from the | 14 | | 1.25% portion of the 6.25% rate into the
Local
Government | 15 | | Distributive Fund, a special fund in the State treasury , except | 16 | | that in Fiscal Year 2015, that money shall be paid into the | 17 | | Common School Fund and shall be distributed in accordance with | 18 | | Article 18 of the School Code . The
remainder shall
be paid into | 19 | | the General Revenue Fund.
| 20 | | (Source: P.A. 93-24, eff. 6-20-03.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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