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| [ Introduced ] | [ Senate Amendment 002 ] |
90_SB0038eng
30 ILCS 115/12 from Ch. 85, par. 616
Amends the State Revenue Sharing Act to allow
distributions from the Personal Property Tax Replacement Fund
to taxing districts outside of Cook County that had personal
property tax collections for the 1978 tax year but not the
1977 tax year.
SRS90S0008NCch
SB38 Engrossed SRS90S0008NCch
1 AN ACT to amend Section 12 of the State Revenue Sharing
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Revenue Sharing Act is amended by
6 changing Section 12 as follows:
7 (30 ILCS 115/12) (from Ch. 85, par. 616)
8 Sec. 12. Personal Property Tax Replacement Fund. There
9 is hereby created the Personal Property Tax Replacement Fund,
10 a special fund in the State Treasury into which shall be paid
11 all revenue realized:
12 (a) all amounts realized from the additional personal
13 property tax replacement income tax imposed by subsections
14 (c) and (d) of Section 201 of the Illinois Income Tax Act,
15 except for those amounts deposited into the Income Tax Refund
16 Fund pursuant to subsection (c) of Section 901 of the
17 Illinois Income Tax Act; and
18 (b) all amounts realized from the additional personal
19 property replacement invested capital taxes imposed by
20 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the Gas
21 Revenue Tax Act, Section 2a.1 of the Public Utilities
22 Revenue Act, and Section 3 of the Water Company Invested
23 Capital Tax Act.
24 As soon as may be after the end of each month, the
25 Department of Revenue shall certify to the Treasurer and the
26 Comptroller the amount of all refunds paid out of the General
27 Revenue Fund through the preceding month on account of
28 overpayment of liability on taxes paid into the Personal
29 Property Tax Replacement Fund. Upon receipt of such
30 certification, the Treasurer and the Comptroller shall
31 transfer the amount so certified from the Personal Property
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1 Tax Replacement Fund into the General Revenue Fund.
2 The payments of revenue into the Personal Property Tax
3 Replacement Fund shall be used exclusively for distribution
4 to taxing districts as provided in this Section, payment of
5 the expenses of the Department of Revenue incurred in
6 administering the collection and distribution of monies paid
7 into the Personal Property Tax Replacement Fund and transfers
8 due to refunds to taxpayers for overpayment of liability for
9 taxes paid into the Personal Property Tax Replacement Fund.
10 As soon as may be after the effective date of this
11 amendatory Act of 1980, the Department of Revenue shall
12 certify to the Treasurer the amount of net replacement
13 revenue paid into the General Revenue Fund prior to that
14 effective date from the additional tax imposed by Section
15 2a.1 of the Messages Tax Act; Section 2a.1 of the Gas Revenue
16 Tax Act; Section 2a.1 of the Public Utilities Revenue Act;
17 Section 3 of the Water Company Invested Capital Tax Act; and
18 the additional personal property tax replacement income tax
19 imposed by the Illinois Income Tax Act, as amended by Public
20 Act 81-1st Special Session-1. Net replacement revenue shall
21 be defined as the total amount paid into and remaining in the
22 General Revenue Fund as a result of those Acts minus the
23 amount outstanding and obligated from the General Revenue
24 Fund in state vouchers or warrants prior to the effective
25 date of this amendatory Act of 1980 as refunds to taxpayers
26 for overpayment of liability under those Acts.
27 All interest earned by monies accumulated in the Personal
28 Property Tax Replacement Fund shall be deposited in such
29 Fund. All amounts allocated pursuant to this Section are
30 appropriated on a continuing basis.
31 Prior to December 31, 1980, as soon as may be after the
32 end of each quarter beginning with the quarter ending
33 December 31, 1979, and on and after December 31, 1980, as
34 soon as may be after January 1, March 1, April 1, May 1, July
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1 1, August 1, October 1 and December 1 of each year, the
2 Department of Revenue shall allocate to each taxing district
3 as defined in Section 1-150 of the Property Tax Code, in
4 accordance with the provisions of paragraph (2) of this
5 Section the portion of the funds held in the Personal
6 Property Tax Replacement Fund which is required to be
7 distributed, as provided in paragraph (1), for each quarter.
8 Provided, however, under no circumstances shall any taxing
9 district during each of the first two years of distribution
10 of the taxes imposed by this amendatory Act of 1979 be
11 entitled to an annual allocation which is less than the funds
12 such taxing district collected from the 1978 personal
13 property tax. Provided further that under no circumstances
14 shall any taxing district during the third year of
15 distribution of the taxes imposed by this amendatory Act of
16 1979 receive less than 60% of the funds such taxing district
17 collected from the 1978 personal property tax. In the event
18 that the total of the allocations made as above provided for
19 all taxing districts, during either of such 3 years, exceeds
20 the amount available for distribution the allocation of each
21 taxing district shall be proportionately reduced. Except as
22 provided in Section 13 of this Act, the Department shall then
23 certify, pursuant to appropriation, such allocations to the
24 State Comptroller who shall pay over to the several taxing
25 districts the respective amounts allocated to them.
26 Any township which receives an allocation based in whole
27 or in part upon personal property taxes which it levied
28 pursuant to Section 6-507 or 6-512 of the Illinois Highway
29 Code and which was previously required to be paid over to a
30 municipality shall immediately pay over to that municipality
31 a proportionate share of the personal property replacement
32 funds which such township receives.
33 Any municipality or township, other than a municipality
34 with a population in excess of 500,000, which receives an
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1 allocation based in whole or in part on personal property
2 taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6
3 of the Illinois Local Library Act and which was previously
4 required to be paid over to a public library shall
5 immediately pay over to that library a proportionate share of
6 the personal property tax replacement funds which such
7 municipality or township receives; provided that if such a
8 public library has converted to a library organized under The
9 Illinois Public Library District Act, regardless of whether
10 such conversion has occurred on, after or before January 1,
11 1988, such proportionate share shall be immediately paid over
12 to the library district which maintains and operates the
13 library. However, any library that has converted prior to
14 January 1, 1988, and which hitherto has not received the
15 personal property tax replacement funds, shall receive such
16 funds commencing on January 1, 1988.
17 Any township which receives an allocation based in whole
18 or in part on personal property taxes which it levied
19 pursuant to Section 1c of the Public Graveyards Act and which
20 taxes were previously required to be paid over to or used for
21 such public cemetery or cemeteries shall immediately pay over
22 to or use for such public cemetery or cemeteries a
23 proportionate share of the personal property tax replacement
24 funds which the township receives.
25 Any taxing district which receives an allocation based in
26 whole or in part upon personal property taxes which it levied
27 for another governmental body or school district in Cook
28 County in 1976 or for another governmental body or school
29 district in the remainder of the State in 1977 shall
30 immediately pay over to that governmental body or school
31 district the amount of personal property replacement funds
32 which such governmental body or school district would receive
33 directly under the provisions of paragraph (2) of this
34 Section, had it levied its own taxes.
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1 (1) The portion of the Personal Property Tax Replacement
2 Fund required to be distributed as of the time allocation is
3 required to be made shall be the amount available in such
4 Fund as of the time allocation is required to be made.
5 The amount available for distribution shall be the total
6 amount in the fund at such time minus the necessary
7 administrative expenses as limited by the appropriation and
8 the amount determined by: (a) $2.8 million for fiscal year
9 1981; (b) for fiscal year 1982, .54% of the funds distributed
10 from the fund during the preceding fiscal year; (c) for
11 fiscal year 1983 through fiscal year 1988, .54% of the funds
12 distributed from the fund during the preceding fiscal year
13 less .02% of such fund for fiscal year 1983 and less .02% of
14 such funds for each fiscal year thereafter, or (d) for fiscal
15 year 1989 and beyond no more than 105% of the actual
16 administrative expenses of the prior fiscal year. Such
17 portion of the fund shall be determined after the transfer
18 into the General Revenue Fund due to refunds, if any, paid
19 from the General Revenue Fund during the preceding quarter.
20 If at any time, for any reason, there is insufficient amount
21 in the Personal Property Tax Replacement Fund for payment of
22 costs of administration or for transfers due to refunds at
23 the end of any particular month, the amount of such
24 insufficiency shall be carried over for the purposes of
25 transfers into the General Revenue Fund and for purposes of
26 costs of administration to the following month or months.
27 Net replacement revenue held, and defined above, shall be
28 transferred by the Treasurer and Comptroller to the Personal
29 Property Tax Replacement Fund within 10 days of such
30 certification.
31 (2) Each quarterly allocation shall first be apportioned
32 in the following manner: 51.65% for taxing districts in Cook
33 County and 48.35% for taxing districts in the remainder of
34 the State.
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1 The Personal Property Replacement Ratio of each taxing
2 district outside Cook County shall be the ratio which the Tax
3 Base of that taxing district bears to the Downstate Tax Base.
4 The Tax Base of each taxing district outside of Cook County
5 is the personal property tax collections for that taxing
6 district for the 1977 tax year; provided, however, in the
7 event a taxing district outside of Cook County had no
8 personal property tax collection for the 1977 tax year, that
9 the personal property tax collection for the 1978 tax year is
10 to be utilized to determine that particular taxing district's
11 Tax Base. The Downstate Tax Base is the personal property
12 tax collections for all taxing districts in the State outside
13 of Cook County for the 1977 tax year. The Department of
14 Revenue shall have authority ot review for accuracy and
15 completeness the personal property tax collections for each
16 taxing district outside Cook county for the 1977 tax year.
17 The Personal Property Replacement Ratio of each Cook
18 County taxing district shall be the ratio which the Tax Base
19 of that taxing district bears to the Cook County Tax Base.
20 The Tax Base of each Cook County taxing district is the
21 personal property tax collections for that taxing district
22 for the 1976 tax year. The Cook County Tax Base is the
23 personal property tax collections for all taxing districts in
24 Cook County for the 1976 tax year; provided, however, that in
25 the event a taxing district in Cook County had no personal
26 property tax collection for the 1976 tax year, that the
27 personal property tax collection for the 1978 tax year is to
28 be utilized to determine the particular taxing district's Tax
29 Base. The Department of Revenue shall have authority to
30 review for accuracy and completeness the personal property
31 tax collections for each taxing district within Cook County
32 for the 1976 tax year.
33 For all purposes of this Section 12, amounts paid to a
34 taxing district for such tax years as may be applicable by a
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1 foreign corporation under the provisions of Section 7-202 of
2 the Public Utilities Act, as amended, shall be deemed to be
3 personal property taxes collected by such taxing district for
4 such tax years as may be applicable. The Director shall
5 determine from the Illinois Commerce Commission, for any tax
6 year as may be applicable, the amounts so paid by any such
7 foreign corporation to any and all taxing districts. The
8 Illinois Commerce Commission shall furnish such information
9 to the Director. For all purposes of this Section 12, the
10 Director shall deem such amounts to be collected personal
11 property taxes of each such taxing district for the
12 applicable tax year or years.
13 Taxing districts located both in Cook County and in one
14 or more other counties shall receive both a Cook County
15 allocation and a Downstate allocation determined in the same
16 way as all other taxing districts.
17 If any taxing district in existence on July 1, 1979
18 ceases to exist, or discontinues its operations, its Tax Base
19 shall thereafter be deemed to be zero. If the powers, duties
20 and obligations of the discontinued taxing district are
21 assumed by another taxing district, the Tax Base of the
22 discontinued taxing district shall be added to the Tax Base
23 of the taxing district assuming such powers, duties and
24 obligations.
25 If two or more taxing districts in existence on July 1,
26 1979, or a successor or successors thereto shall consolidate
27 into one taxing district, the Tax Base of such consolidated
28 taxing district shall be the sum of the Tax Bases of each of
29 the taxing districts which have consolidated.
30 If a single taxing district in existence on July 1, 1979,
31 or a successor or successors thereto shall be divided into
32 two or more separate taxing districts, the tax base of the
33 taxing district so divided shall be allocated to each of the
34 resulting taxing districts in proportion to the then current
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1 equalized assessed value of each resulting taxing district.
2 If a portion of the territory of a taxing district is
3 disconnected and annexed to another taxing district of the
4 same type, the Tax Base of the taxing district from which
5 disconnection was made shall be reduced in proportion to the
6 then current equalized assessed value of the disconnected
7 territory as compared with the then current equalized
8 assessed value within the entire territory of the taxing
9 district prior to disconnection, and the amount of such
10 reduction shall be added to the Tax Base of the taxing
11 district to which annexation is made.
12 If a community college district is created after July 1,
13 1979, beginning on the effective date of this amendatory Act
14 of 1995, its Tax Base shall be 3.5% of the sum of the
15 personal property tax collected for the 1977 tax year within
16 the territorial jurisdiction of the district.
17 The amounts allocated and paid to taxing districts
18 pursuant to the provisions of this amendatory Act of 1979
19 shall be deemed to be substitute revenues for the revenues
20 derived from taxes imposed on personal property pursuant to
21 the provisions of the "Revenue Act of 1939" or "An Act for
22 the assessment and taxation of private car line companies",
23 approved July 22, 1943, as amended, or Section 414 of the
24 Illinois Insurance Code, prior to the abolition of such taxes
25 and shall be used for the same purposes as the revenues
26 derived from ad valorem taxes on real estate.
27 Monies received by any taxing districts from the Personal
28 Property Tax Replacement Fund shall be first applied toward
29 payment of the proportionate amount of debt service which was
30 previously levied and collected from extensions against
31 personal property on bonds outstanding as of December 31,
32 1978 and next applied toward payment of the proportionate
33 share of the pension or retirement obligations of the taxing
34 district which were previously levied and collected from
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1 extensions against personal property. For each such
2 outstanding bond issue, the County Clerk shall determine the
3 percentage of the debt service which was collected from
4 extensions against real estate in the taxing district for
5 1978 taxes payable in 1979, as related to the total amount of
6 such levies and collections from extensions against both real
7 and personal property. For 1979 and subsequent years' taxes,
8 the County Clerk shall levy and extend taxes against the real
9 estate of each taxing district which will yield the said
10 percentage or percentages of the debt service on such
11 outstanding bonds. The balance of the amount necessary to
12 fully pay such debt service shall constitute a first and
13 prior lien upon the monies received by each such taxing
14 district through the Personal Property Tax Replacement Fund
15 and shall be first applied or set aside for such purpose. In
16 counties having fewer than 3,000,000 inhabitants, the
17 amendments to this paragraph as made by this amendatory Act
18 of 1980 shall be first applicable to 1980 taxes to be
19 collected in 1981.
20 (Source: P.A. 88-670, eff. 12-2-94; 89-327, eff. 1-1-96.)
21 Section 99. This Act is effective upon becoming law.