Full Text of SB1823 98th General Assembly
SB1823ham002 98TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/25/2014
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| 1 | | AMENDMENT TO SENATE BILL 1823
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1823 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Income Tax Act is amended by | 5 | | changing Sections 509 and 509.1 as follows:
| 6 | | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
| 7 | | Sec. 509. Tax checkoff explanations. | 8 | | (a) All individual income tax return forms
shall contain | 9 | | appropriate explanations and spaces to enable the taxpayers to
| 10 | | designate contributions to the funds to which contributions may | 11 | | be made under this Article 5.
| 12 | | (b) Each form shall contain a statement that the | 13 | | contributions will reduce the
taxpayer's refund or increase the | 14 | | amount of payment to accompany the return.
Failure to remit any | 15 | | amount of increased payment shall reduce the contribution
| 16 | | accordingly.
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| 1 | | (c) If, on October 1 of any year, the total contributions | 2 | | to any one of the
funds made under this Article 5 do not equal | 3 | | $100,000 or more, the explanations
and spaces for designating | 4 | | contributions to the fund shall be removed from the
individual | 5 | | income tax return forms for the following and all subsequent | 6 | | years
and all subsequent contributions to the fund shall be | 7 | | refunded to the taxpayer. This contribution requirement does | 8 | | not apply to the Diabetes Research Checkoff Fund checkoff | 9 | | contained in Section 507GG of this Act.
| 10 | | (d) Notwithstanding any other provision of law, the | 11 | | Department shall include the Hunger Relief Fund checkoff | 12 | | established under Section 507SS on the individual income tax | 13 | | form for the taxable year beginning on January 1, 2012. If, on | 14 | | October 1, 2013, or on October 1 of any subsequent year, the | 15 | | total contributions to the Hunger Relief Fund checkoff do not | 16 | | equal $100,000 or more, the explanations
and spaces for | 17 | | designating contributions to the fund shall be removed from the
| 18 | | individual income tax return forms for the following and all | 19 | | subsequent years
and all subsequent contributions to the fund | 20 | | shall be refunded to the taxpayer. | 21 | | (e) Notwithstanding any other provision of law, the | 22 | | Department shall include the Veterans' Homes Fund checkoff | 23 | | established under Section 507DD on the individual income tax | 24 | | form for the 2014 tax year. However, except as otherwise | 25 | | provided in this subsection, the Fund is subject to the | 26 | | $100,000 contribution requirement set forth in subsection (c) |
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| 1 | | for the 2015 tax year and each tax year thereafter. If, in any | 2 | | taxable year in which the Veterans' Homes Fund checkoff appears | 3 | | on the individual income tax form, the General Assembly enacts | 4 | | legislation creating a new income tax checkoff solely for the | 5 | | benefit of veterans, the Department shall include the Veterans' | 6 | | Homes Fund checkoff established under Section 507DD on the | 7 | | individual income tax form for each subsequent taxable year, | 8 | | and the contribution requirement set forth in subsection (c) | 9 | | does not apply to that Veterans' Homes Fund checkoff. | 10 | | (Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)
| 11 | | (35 ILCS 5/509.1) | 12 | | Sec. 509.1. Removal of excess tax-checkoff funds. | 13 | | Notwithstanding any provisions of this Act to the contrary, | 14 | | beginning on the effective date of this amendatory Act of the | 15 | | 95th General Assembly, there may not be more than 15 | 16 | | tax-checkoff funds contained on the individual tax return form | 17 | | at any one time. Each year, the Department shall determine | 18 | | whether the sum of (i) the number of new tax-checkoff funds | 19 | | created by the General Assembly during that year plus (ii) the | 20 | | number of tax-checkoff funds that collected at least $100,000 | 21 | | during the previous year exceeds 15. If so, then the Department | 22 | | shall remove a number of tax-checkoff funds that were on the | 23 | | return during the previous year that is equal to the sum of | 24 | | items (i) and (ii) minus 15, starting with the tax-checkoff | 25 | | fund that received the least amount of contributions and |
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| 1 | | working upward until a sufficient number of funds have been | 2 | | removed. The Hunger Relief Fund checkoff established under | 3 | | Section 507SS shall be included among the 15 tax-checkoff funds | 4 | | as provided in subsection (d) of Section 509 of this Act.
| 5 | | For taxable years ending on or after December 31, 2012, the | 6 | | Diabetes Research Checkoff Fund checkoff contained in Section | 7 | | 507GG of this Act shall be included on the individual tax | 8 | | return form notwithstanding the provisions of this Section. The | 9 | | Diabetes Research Checkoff Fund checkoff shall not be included | 10 | | when calculating the 15 tax-checkoff fund limitation set forth | 11 | | in this Section. | 12 | | For the 2014 tax year only, the Veterans' Homes Fund | 13 | | checkoff established under Section 507DD shall not be included | 14 | | when calculating the 15 tax-checkoff fund limitation set forth | 15 | | in this Section. If in any subsequent taxable year the | 16 | | Department is required to include the Veterans' Homes Fund | 17 | | checkoff on the individual income tax form because the General | 18 | | Assembly has enacted legislation creating a new income tax | 19 | | checkoff solely for the benefit of veterans, then the Veterans' | 20 | | Homes Fund checkoff established under Section 507DD shall not | 21 | | be included when calculating the 15 tax-checkoff fund | 22 | | limitation set forth in this Section. | 23 | | (Source: P.A. 97-1117, eff. 8-27-12.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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