State of Illinois
90th General Assembly
Legislation

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90_SB0593eng

      15 ILCS 405/16            from Ch. 15, par. 216
          Amends the State Comptroller Act.  Provides  that  annual
      reports  of  State  agencies shall include an analysis of the
      impact of tax expenditures upon the number of jobs created or
      retained in the State, the number of business attracted to or
      retained in the State, and the extent of  benefits  conferred
      upon  the  intended  beneficiaries of those tax expenditures.
      Provides that the Comptroller may  hold  public  hearings  in
      order to assemble, assess, and report on the tax expenditures
      for  which reporting is required.  Provides that at a hearing
      the Comptroller may hear testimony from agencies,  businesses
      or  business  groups, members of the public, and the intended
      beneficiary.  Effective immediately.
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 1        AN ACT to amend the State  Comptroller  Act  by  changing
 2    Section 16.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  State  Comptroller  Act  is  amended  by
 6    changing Section 16 as follows:
 7        (15 ILCS 405/16) (from Ch. 15, par. 216)
 8        Sec.  16.  Reports  from  State agencies. The comptroller
 9    shall prescribe the form and require the filing of  quarterly
10    fiscal reports by each State agency. Within 30 days after the
11    end  of  each  quarter,  or  at  such  earlier  time  as  the
12    comptroller  by  rule  requires, each State agency shall file
13    with  the  comptroller  the  report  of  its   receipts   and
14    collections  during the preceding quarter, including receipts
15    and  collections  of  taxes  and   fees,   funds   and   fund
16    authorizations  from  sources other than appropriation by the
17    General Assembly, gifts, grants  and  donations,  and  income
18    from revenue producing activities or property of or under the
19    control  of the agency.  The report shall specify the nature,
20    source and fair market value  of  any  assets  received,  any
21    increase  or  decrease  in  its security holdings (other than
22    those held by the State Treasurer), and  such  other  related
23    information as the comptroller, by rule, requires. The report
24    shall,  consistent  with the uniform State accounting system,
25    account for all  encumbrances,  transfers,  and  releases  of
26    encumbrances upon assets held by the State agency, except any
27    assets  held in trust for another State agency or person, and
28    any  additional  accounting  as  may  be  determined  by  the
29    comptroller to be necessary for his maintenance  of  accurate
30    encumbrance  accounts  for  State agencies.  The report shall
31    include a separate accounting for  each  revenue  bond  issue
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 1    administered by the particular agency, and shall indicate any
 2    changes  in  authorized  or  outstanding  indebtedness of the
 3    agency or of the State through the agency. This Section  does
 4    not  require  the  duplication of reports concerning security
 5    holdings and investment income of the State  Treasurer  which
 6    are issued by the Treasurer pursuant to law.
 7        In  addition  to  the  quarterly reports required by this
 8    Section, each agency shall on an annual basis file, no  later
 9    than  45  days  after  the  end  of the fiscal year, a report
10    giving that agency's best estimate of the cost  of  each  tax
11    expenditure   related   to   each   of  the  revenue  sources
12    administered by the agency.  This annual report shall include
13    the  agency's  best  estimate  of  the  cost  of   each   tax
14    expenditure  including: (a) a citation of the legal authority
15    for the tax expenditure, the year it was enacted, the  fiscal
16    year  in  which  it  first  took  effect,  and any subsequent
17    amendments; (b) to the extent that it can be determined,  the
18    total  cost  of  the tax expenditure for the preceding fiscal
19    year together with an estimate of the projected cost for  the
20    next  succeeding  fiscal year along with a description of the
21    methodology used to determine or estimate the cost of the tax
22    expenditure; and (c) an assessment of the impact of  the  tax
23    expenditure  on  the  incidence  of  the  tax in terms of the
24    relative shares of revenue received under the  provisions  of
25    the  tax  expenditure  and  the  revenue that would have been
26    received had the tax expenditure not been in effect, and  (d)
27    data demonstrating the impact of the tax expenditure upon the
28    number  of  jobs created or retained in the State, the number
29    of businesses attracted to or retained in the State, and  the
30    extent of benefits conferred upon the intended beneficiary of
31    the  tax expenditure. For purposes of this Act, the term "tax
32    expenditure" means any tax incentive authorized by  law  that
33    by   exemption,   exclusion,  deduction,  allowance,  credit,
34    preferential tax rate, abatement, or other device reduces the
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 1    amount of tax revenues that would  otherwise  accrue  to  the
 2    State.
 3    (Source: P.A. 87-847.)
 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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