SB3148 97TH GENERAL ASSEMBLY

LRB097 17223 HLH 62423 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3148

Introduced 2/1/2012, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-84
35 ILCS 5/509	from Ch. 120, par. 5-509
35 ILCS 5/509.1

Amends the Illinois Income Tax Act. Provides that the Department shall include the Habitat for Humanity Fund checkoff on the individual income tax form for the taxable year beginning on January 1, 2012. Provides that if, on October 1, 2013, or on October 1 of any subsequent year, the total contributions to the Habitat for Humanity Fund checkoff do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer. Amends the State Finance Act. Provides that moneys in the Habitat for Humanity Fund that are attributable to a tax checkoff contained on the individual income tax form for a taxable year beginning on or after January 1, 2012 shall be appropriated to the Department of Commerce and Economic Opportunity (instead of the Department of Human Services) for the purpose of making grants to Habitat for Humanity of Illinois. Provides that those moneys shall be distributed equally to local Habitat for Humanity affiliates. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by changing Section 6z-84 as follows:

(30 ILCS 105/6z-84)

Sec. 6z-84. The Habitat for Humanity Fund; creation. The Habitat for Humanity Fund is created as a special fund in the State treasury. Moneys in the Fund that are attributable to a tax checkoff contained on the individual income tax form for a taxable year beginning prior to January 1, 2012 shall be appropriated to the Department of Human Services for the purpose of making grants to Habitat for Humanity of Illinois, Inc., for the purpose of supporting Habitat for Humanity projects in Illinois. Moneys in the Fund that are attributable to a tax checkoff contained on the individual income tax form for a taxable year beginning on or after January 1, 2012 shall be appropriated to the Department of Commerce and Economic Opportunity for the purpose of making grants to Habitat for Humanity of Illinois, Inc. Those grant moneys shall be distributed equally to local Habitat for Humanity affiliates in Illinois.

(Source: P.A. 96-1424, eff. 8-3-10; 97-333, eff. 8-12-11.)

Section 10. The Illinois Income Tax Act is amended by changing Sections 509 and 509.1 as follows:

(35 ILCS 5/509) (from Ch. 120, par. 5-509)

Sec. 509. Tax checkoff explanations.

(a) All individual income tax return forms shall contain appropriate explanations and spaces to enable the taxpayers to designate contributions to the funds to which contributions may be made under this Article 5.

(b) Each form shall contain a statement that the contributions will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly.

(c) If, on October 1 of any year, the total contributions to any one of the funds made under this Article 5 do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer.

(d) Notwithstanding any other provision of law, the Department shall include the Habitat for Humanity Fund checkoff established under Section 507VV on the individual income tax form for the taxable year beginning on January 1, 2012. If, on October 1, 2013, or on October 1 of any subsequent year, the total contributions to the Habitat for Humanity Fund checkoff do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer.

(Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07; 95-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff. 8-11-09.)

(35 ILCS 5/509.1)

Sec. 509.1. Removal of excess tax-checkoff funds. Notwithstanding any provisions of this Act to the contrary, beginning on the effective date of this amendatory Act of the 95th General Assembly, there may not be more than 15 tax-checkoff funds contained on the individual tax return form at any one time. Each year, the Department shall determine whether the sum of (i) the number of new tax-checkoff funds created by the General Assembly during that year plus (ii) the number of tax-checkoff funds that collected at least $100,000 during the previous year exceeds 15. If so, then the Department shall remove a number of tax-checkoff funds that were on the return during the previous year that is equal to the sum of items (i) and (ii) minus 15, starting with the tax-checkoff fund that received the least amount of contributions and working upward until a sufficient number of funds have been removed. The Habitat for Humanity Fund checkoff established under Section 507VV shall be included among the 15 tax-checkoff funds as provided in subsection (d) of Section 509 of this Act.

(Source: P.A. 95-435, eff. 8-27-07.)

Section 99. Effective date. This Act takes effect upon becoming law.