HB3780 94TH GENERAL ASSEMBLY

LRB094 10314 AJO 40584 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3780

Introduced 2/25/2005, by Rep. James D. Brosnahan

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1035

from Ch. 34, par. 5-1035

Amends the Counties Code. Makes a technical change in a Section concerning a replacement vehicle tax.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by changing Section 5-1035 as follows:

(55 ILCS 5/5-1035) (from Ch. 34, par. 5-1035)

Sec. 5-1035. Replacement vehicle tax. The The corporate authorities of a county may impose a replacement vehicle tax of $50 on any passenger car as defined in Section 1-157 of The Illinois Vehicle Code purchased within the county but outside the corporate limits of any municipality imposing a replacement vehicle tax by or on behalf of an insurance company to replace a passenger car of an insured person in settlement of a total loss claim. The tax so imposed may not become effective before the first day of the month following the passage of the ordinance imposing such tax and receipt of a certified copy of such ordinance by the Department of Revenue. The Department of Revenue shall collect such tax for the county in accordance with Sections 3-2002 and 3-2003 of Article XI of The Illinois Vehicle Code.

The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes collected hereunder. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties, the counties to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each county shall be the amount collected hereunder during the second preceding calendar month by the Department, less 2% of such balance, which sum shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing this Section as provided herein. The Department at the time of each monthly disbursement to the counties shall prepare and certify to the Comptroller the amount, so retained by the State Treasurer, to be paid into the General Revenue Fund of the State Treasury less any amount determined by the Department to be necessary for the payment of refunds. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the counties and the General Revenue Fund, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification.

(Source: P.A. 86-962.)