Bill Text: IL HB3313 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the State Finance Act and the Central Illinois Economic Development Authority Act. Creates the Central Illinois Economic Development Authority Debt Fund. Provides that moneys in the Fund shall be allocated and appropriated by law to the Central Illinois Economic Development Authority for the purpose of paying the debt service requirements on bonds and notes of the Authority. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that each month $1,875,000 shall be deposited into the Central Illinois Economic Development Authority Debt Fund in the aggregate from proceeds collected under each of the Acts within Macon, Sangamon, Menard, Logan, Christian, DeWitt, Macoupin, Montgomery, Calhoun, Greene, or Jersey County. Effective immediately.

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3313 Detail]

Download: Illinois-2011-HB3313-Amended.html

---

Rep. Daniel J. Burke

Filed: 3/16/2011

09700HB3313ham001 LRB097 02917 HLH 51901 a
AMENDMENT TO HOUSE BILL 3313
AMENDMENT NO. ______. Amend House Bill 3313 by replacing
everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding
Section 5.786 as follows:
(30 ILCS 105/5.786 new)
Sec. 5.786. The Central Illinois Economic Development
Authority Debt Fund.
Section 10. The State Revenue Sharing Act is amended by
changing Sections 1 and 12 as follows:
(30 ILCS 115/1) (from Ch. 85, par. 611)
Sec. 1. Local Government Distributive Fund. Through June
30, 1994, as soon as may be after the first day of each month
the Department of Revenue shall certify to the Treasurer an

09700HB3313ham001 - 2 - LRB097 02917 HLH 51901 a
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act during the preceding month. Beginning
July 1, 1994, and continuing through June 30, 1995, as soon as
may be after the first day of each month, the Department of
Revenue shall certify to the Treasurer an amount equal to 1/11
of the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act
during the preceding month. Beginning July 1, 1995, as soon as
may be after the first day of each month, the Department of
Revenue shall certify to the Treasurer the amount required to
be transferred from the General Revenue Fund to the Local
Government Distributive Fund under subsection (b) of Section
901 of the Illinois Income Tax Act. an amount equal to 1/10 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act
during the preceding month. Net revenue realized for a month
shall be defined as the revenue from the tax imposed by
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act which is deposited in the General Revenue Fund, the
Education Assistance Fund and the Income Tax Surcharge Local
Government Distributive Fund during the month minus the amount
paid out of the General Revenue Fund in State warrants during
that same month as refunds to taxpayers for overpayment of
liability under the tax imposed by subsections (a) and (b) of
Section 201 of the Illinois Income Tax Act. Upon receipt of

09700HB3313ham001 - 3 - LRB097 02917 HLH 51901 a
such certification, the Treasurer shall transfer from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", the
amount shown on such certification.
The corporate authorities of any unit of local government
located in Macon, Sangamon, Menard, Logan, Christian, DeWitt,
Macoupin, Montgomery, Calhoun, Green, or Jersey County may
elect, by a majority vote of the corporate authorities, to make
deposits into the Central Illinois Economic Development
Authority Debt Fund from its respective share of the funds
distributed from the Local Government Distributive Fund.
All amounts paid into the Local Government Distributive
Fund in accordance with this Section and allocated pursuant to
this Act are appropriated on a continuing basis.
(Source: P.A. 88-89.)
(30 ILCS 115/12) (from Ch. 85, par. 616)
Sec. 12. Personal Property Tax Replacement Fund. There is
hereby created the Personal Property Tax Replacement Fund, a
special fund in the State Treasury into which shall be paid all
revenue realized:
(a) all amounts realized from the additional personal
property tax replacement income tax imposed by subsections (c)
and (d) of Section 201 of the Illinois Income Tax Act, except
for those amounts deposited into the Income Tax Refund Fund
pursuant to subsection (c) of Section 901 of the Illinois

09700HB3313ham001 - 4 - LRB097 02917 HLH 51901 a
Income Tax Act; and
(b) all amounts realized from the additional personal
property replacement invested capital taxes imposed by Section
2a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
Section 3 of the Water Company Invested Capital Tax Act, and
amounts payable to the Department of Revenue under the
Telecommunications Infrastructure Maintenance Fee Act.
As soon as may be after the end of each month, the
Department of Revenue shall certify to the Treasurer and the
Comptroller the amount of all refunds paid out of the General
Revenue Fund through the preceding month on account of
overpayment of liability on taxes paid into the Personal
Property Tax Replacement Fund. Upon receipt of such
certification, the Treasurer and the Comptroller shall
transfer the amount so certified from the Personal Property Tax
Replacement Fund into the General Revenue Fund.
The payments of revenue into the Personal Property Tax
Replacement Fund shall be used exclusively for distribution to
taxing districts as provided in this Section, payment of the
ordinary and contingent expenses of the Property Tax Appeal
Board, payment of the expenses of the Department of Revenue
incurred in administering the collection and distribution of
monies paid into the Personal Property Tax Replacement Fund and
transfers due to refunds to taxpayers for overpayment of
liability for taxes paid into the Personal Property Tax

09700HB3313ham001 - 5 - LRB097 02917 HLH 51901 a
Replacement Fund.
As soon as may be after the effective date of this
amendatory Act of 1980, the Department of Revenue shall certify
to the Treasurer the amount of net replacement revenue paid
into the General Revenue Fund prior to that effective date from
the additional tax imposed by Section 2a.1 of the Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
the Public Utilities Revenue Act; Section 3 of the Water
Company Invested Capital Tax Act; amounts collected by the
Department of Revenue under the Telecommunications
Infrastructure Maintenance Fee Act; and the additional
personal property tax replacement income tax imposed by the
Illinois Income Tax Act, as amended by Public Act 81-1st
Special Session-1. Net replacement revenue shall be defined as
the total amount paid into and remaining in the General Revenue
Fund as a result of those Acts minus the amount outstanding and
obligated from the General Revenue Fund in state vouchers or
warrants prior to the effective date of this amendatory Act of
1980 as refunds to taxpayers for overpayment of liability under
those Acts.
All interest earned by monies accumulated in the Personal
Property Tax Replacement Fund shall be deposited in such Fund.
All amounts allocated pursuant to this Section are appropriated
on a continuing basis.
Prior to December 31, 1980, as soon as may be after the end
of each quarter beginning with the quarter ending December 31,

09700HB3313ham001 - 6 - LRB097 02917 HLH 51901 a
1979, and on and after December 31, 1980, as soon as may be
after January 1, March 1, April 1, May 1, July 1, August 1,
October 1 and December 1 of each year, the Department of
Revenue shall allocate to each taxing district as defined in
Section 1-150 of the Property Tax Code, in accordance with the
provisions of paragraph (2) of this Section the portion of the
funds held in the Personal Property Tax Replacement Fund which
is required to be distributed, as provided in paragraph (1),
for each quarter. Provided, however, under no circumstances
shall any taxing district during each of the first two years of
distribution of the taxes imposed by this amendatory Act of
1979 be entitled to an annual allocation which is less than the
funds such taxing district collected from the 1978 personal
property tax. Provided further that under no circumstances
shall any taxing district during the third year of distribution
of the taxes imposed by this amendatory Act of 1979 receive
less than 60% of the funds such taxing district collected from
the 1978 personal property tax. In the event that the total of
the allocations made as above provided for all taxing
districts, during either of such 3 years, exceeds the amount
available for distribution the allocation of each taxing
district shall be proportionately reduced. Except as provided
in Section 13 of this Act, the Department shall then certify,
pursuant to appropriation, such allocations to the State
Comptroller who shall pay over to the several taxing districts
the respective amounts allocated to them.

09700HB3313ham001 - 7 - LRB097 02917 HLH 51901 a
Any township which receives an allocation based in whole or
in part upon personal property taxes which it levied pursuant
to Section 6-507 or 6-512 of the Illinois Highway Code and
which was previously required to be paid over to a municipality
shall immediately pay over to that municipality a proportionate
share of the personal property replacement funds which such
township receives.
Any municipality or township, other than a municipality
with a population in excess of 500,000, which receives an
allocation based in whole or in part on personal property taxes
which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
Illinois Local Library Act and which was previously required to
be paid over to a public library shall immediately pay over to
that library a proportionate share of the personal property tax
replacement funds which such municipality or township
receives; provided that if such a public library has converted
to a library organized under The Illinois Public Library
District Act, regardless of whether such conversion has
occurred on, after or before January 1, 1988, such
proportionate share shall be immediately paid over to the
library district which maintains and operates the library.
However, any library that has converted prior to January 1,
1988, and which hitherto has not received the personal property
tax replacement funds, shall receive such funds commencing on
January 1, 1988.
Any township which receives an allocation based in whole or

09700HB3313ham001 - 8 - LRB097 02917 HLH 51901 a
in part on personal property taxes which it levied pursuant to
Section 1c of the Public Graveyards Act and which taxes were
previously required to be paid over to or used for such public
cemetery or cemeteries shall immediately pay over to or use for
such public cemetery or cemeteries a proportionate share of the
personal property tax replacement funds which the township
receives.
Any taxing district which receives an allocation based in
whole or in part upon personal property taxes which it levied
for another governmental body or school district in Cook County
in 1976 or for another governmental body or school district in
the remainder of the State in 1977 shall immediately pay over
to that governmental body or school district the amount of
personal property replacement funds which such governmental
body or school district would receive directly under the
provisions of paragraph (2) of this Section, had it levied its
own taxes.
(1) The portion of the Personal Property Tax
Replacement Fund required to be distributed as of the time
allocation is required to be made shall be the amount
available in such Fund as of the time allocation is
required to be made.
The amount available for distribution shall be the
total amount in the fund at such time minus the necessary
administrative expenses as limited by the appropriation
and the amount determined by: (a) $2.8 million for fiscal

09700HB3313ham001 - 9 - LRB097 02917 HLH 51901 a
year 1981; (b) for fiscal year 1982, .54% of the funds
distributed from the fund during the preceding fiscal year;
(c) for fiscal year 1983 through fiscal year 1988, .54% of
the funds distributed from the fund during the preceding
fiscal year less .02% of such fund for fiscal year 1983 and
less .02% of such funds for each fiscal year thereafter, or
(d) for fiscal year 1989 and beyond no more than 105% of
the actual administrative expenses of the prior fiscal
year. Such portion of the fund shall be determined after
the transfer into the General Revenue Fund due to refunds,
if any, paid from the General Revenue Fund during the
preceding quarter. If at any time, for any reason, there is
insufficient amount in the Personal Property Tax
Replacement Fund for payment of costs of administration or
for transfers due to refunds at the end of any particular
month, the amount of such insufficiency shall be carried
over for the purposes of transfers into the General Revenue
Fund and for purposes of costs of administration to the
following month or months. Net replacement revenue held,
and defined above, shall be transferred by the Treasurer
and Comptroller to the Personal Property Tax Replacement
Fund within 10 days of such certification.
(2) Each quarterly allocation shall first be
apportioned in the following manner: 51.65% for taxing
districts in Cook County and 48.35% for taxing districts in
the remainder of the State.

09700HB3313ham001 - 10 - LRB097 02917 HLH 51901 a
The Personal Property Replacement Ratio of each taxing
district outside Cook County shall be the ratio which the Tax
Base of that taxing district bears to the Downstate Tax Base.
The Tax Base of each taxing district outside of Cook County is
the personal property tax collections for that taxing district
for the 1977 tax year. The Downstate Tax Base is the personal
property tax collections for all taxing districts in the State
outside of Cook County for the 1977 tax year. The Department of
Revenue shall have authority to review for accuracy and
completeness the personal property tax collections for each
taxing district outside Cook County for the 1977 tax year.
The Personal Property Replacement Ratio of each Cook County
taxing district shall be the ratio which the Tax Base of that
taxing district bears to the Cook County Tax Base. The Tax Base
of each Cook County taxing district is the personal property
tax collections for that taxing district for the 1976 tax year.
The Cook County Tax Base is the personal property tax
collections for all taxing districts in Cook County for the
1976 tax year. The Department of Revenue shall have authority
to review for accuracy and completeness the personal property
tax collections for each taxing district within Cook County for
the 1976 tax year.
For all purposes of this Section 12, amounts paid to a
taxing district for such tax years as may be applicable by a
foreign corporation under the provisions of Section 7-202 of
the Public Utilities Act, as amended, shall be deemed to be

09700HB3313ham001 - 11 - LRB097 02917 HLH 51901 a
personal property taxes collected by such taxing district for
such tax years as may be applicable. The Director shall
determine from the Illinois Commerce Commission, for any tax
year as may be applicable, the amounts so paid by any such
foreign corporation to any and all taxing districts. The
Illinois Commerce Commission shall furnish such information to
the Director. For all purposes of this Section 12, the Director
shall deem such amounts to be collected personal property taxes
of each such taxing district for the applicable tax year or
years.
Taxing districts located both in Cook County and in one or
more other counties shall receive both a Cook County allocation
and a Downstate allocation determined in the same way as all
other taxing districts.
If any taxing district in existence on July 1, 1979 ceases
to exist, or discontinues its operations, its Tax Base shall
thereafter be deemed to be zero. If the powers, duties and
obligations of the discontinued taxing district are assumed by
another taxing district, the Tax Base of the discontinued
taxing district shall be added to the Tax Base of the taxing
district assuming such powers, duties and obligations.
If two or more taxing districts in existence on July 1,
1979, or a successor or successors thereto shall consolidate
into one taxing district, the Tax Base of such consolidated
taxing district shall be the sum of the Tax Bases of each of
the taxing districts which have consolidated.

09700HB3313ham001 - 12 - LRB097 02917 HLH 51901 a
If a single taxing district in existence on July 1, 1979,
or a successor or successors thereto shall be divided into two
or more separate taxing districts, the tax base of the taxing
district so divided shall be allocated to each of the resulting
taxing districts in proportion to the then current equalized
assessed value of each resulting taxing district.
If a portion of the territory of a taxing district is
disconnected and annexed to another taxing district of the same
type, the Tax Base of the taxing district from which
disconnection was made shall be reduced in proportion to the
then current equalized assessed value of the disconnected
territory as compared with the then current equalized assessed
value within the entire territory of the taxing district prior
to disconnection, and the amount of such reduction shall be
added to the Tax Base of the taxing district to which
annexation is made.
If a community college district is created after July 1,
1979, beginning on the effective date of this amendatory Act of
1995, its Tax Base shall be 3.5% of the sum of the personal
property tax collected for the 1977 tax year within the
territorial jurisdiction of the district.
The amounts allocated and paid to taxing districts pursuant
to the provisions of this amendatory Act of 1979 shall be
deemed to be substitute revenues for the revenues derived from
taxes imposed on personal property pursuant to the provisions
of the "Revenue Act of 1939" or "An Act for the assessment and

09700HB3313ham001 - 13 - LRB097 02917 HLH 51901 a
taxation of private car line companies", approved July 22,
1943, as amended, or Section 414 of the Illinois Insurance
Code, prior to the abolition of such taxes and shall be used
for the same purposes as the revenues derived from ad valorem
taxes on real estate.
Monies received by any taxing districts from the Personal
Property Tax Replacement Fund shall be first applied toward
payment of the proportionate amount of debt service which was
previously levied and collected from extensions against
personal property on bonds outstanding as of December 31, 1978
and next applied toward payment of the proportionate share of
the pension or retirement obligations of the taxing district
which were previously levied and collected from extensions
against personal property. For each such outstanding bond
issue, the County Clerk shall determine the percentage of the
debt service which was collected from extensions against real
estate in the taxing district for 1978 taxes payable in 1979,
as related to the total amount of such levies and collections
from extensions against both real and personal property. For
1979 and subsequent years' taxes, the County Clerk shall levy
and extend taxes against the real estate of each taxing
district which will yield the said percentage or percentages of
the debt service on such outstanding bonds. The balance of the
amount necessary to fully pay such debt service shall
constitute a first and prior lien upon the monies received by
each such taxing district through the Personal Property Tax

09700HB3313ham001 - 14 - LRB097 02917 HLH 51901 a
Replacement Fund and shall be first applied or set aside for
such purpose. In counties having fewer than 3,000,000
inhabitants, the amendments to this paragraph as made by this
amendatory Act of 1980 shall be first applicable to 1980 taxes
to be collected in 1981.
The corporate authorities of any unit of local government
located in Macon, Sangamon, Menard, Logan, Christian, DeWitt,
Macoupin, Montgomery, Calhoun, Green, or Jersey County may
elect, by a majority vote of the corporate authorities, to make
deposits into the Central Illinois Economic Development
Authority Debt Fund from its respective share of the funds
distributed from the Personal Property Tax Replacement Fund.
(Source: P.A. 96-45, eff. 7-15-09.)
Section 15. The Central Illinois Economic Development
Authority Act is amended by adding Section 42 as follows:
(70 ILCS 504/42 new)
Sec. 42. Central Illinois Economic Development Authority
Debt Fund; creation. The Central Illinois Economic Development
Authority Debt Fund is created as a special fund in the State
treasury. Except as otherwise provided in this Section, moneys
in the Central Illinois Economic Development Authority Debt
Fund are allocated to and shall be appropriated by law to the
Authority for the purpose of paying the debt service
requirements on all bonds and notes issued under subsection (a)

09700HB3313ham001 - 15 - LRB097 02917 HLH 51901 a
of Section 35 of this Act. If at any time moneys in the Central
Illinois Economic Development Authority Debt Fund exceed the
amount required to pay debt service on bonds and notes issued
under subsection (a) of Section 35 of this Act, the Authority
must report that fact to the Governor and the General Assembly
in writing within 180 days after the surplus occurs.
Section 99. Effective date. This Act takes effect upon
becoming law.".