Bill Amendment: IL HB1227 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2019-01-08 - Session Sine Die [HB1227 Detail]
Download: Illinois-2017-HB1227-House_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2019-01-08 - Session Sine Die [HB1227 Detail]
Download: Illinois-2017-HB1227-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1227
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1227 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Sections 5.878 and 6z-102 as follows:
| ||||||
6 | (30 ILCS 105/5.878 new) | ||||||
7 | Sec. 5.878. The Illinois Community Stabilization Program | ||||||
8 | Revolving Fund.
| ||||||
9 | (30 ILCS 105/6z-102 new) | ||||||
10 | Sec. 6z-102. The Illinois Community Stabilization Program | ||||||
11 | Revolving Fund; creation. The Illinois Community Stabilization | ||||||
12 | Program Revolving Fund is created as a special fund in the | ||||||
13 | State treasury. Moneys in the Fund shall be used by the | ||||||
14 | Illinois Housing Development Authority, subject to | ||||||
15 | appropriation, for the purpose of making zero-interest loans to |
| |||||||
| |||||||
1 | municipalities that operate home equity programs within their | ||||||
2 | boundaries. Loan funds shall be used for the purpose of | ||||||
3 | operating those programs. The Fund shall consist of any moneys | ||||||
4 | transferred or appropriated into the Fund, as well as all | ||||||
5 | repayments of loans made under the program. All interest earned | ||||||
6 | on moneys in the Fund shall be deposited into the Fund.
| ||||||
7 | Section 10. The Illinois Income Tax Act is amended by | ||||||
8 | changing Section 901 as follows:
| ||||||
9 | (35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||||||
10 | Sec. 901. Collection authority. | ||||||
11 | (a) In general. | ||||||
12 | The Department shall collect the taxes imposed by this Act. | ||||||
13 | The Department
shall collect certified past due child support | ||||||
14 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
15 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), | ||||||
16 | (e), (f), (g), and (h) of this Section, money collected
| ||||||
17 | pursuant to subsections (a) and (b) of Section 201 of this Act | ||||||
18 | shall be
paid into the General Revenue Fund in the State | ||||||
19 | treasury; money
collected pursuant to subsections (c) and (d) | ||||||
20 | of Section 201 of this Act
shall be paid into the Personal | ||||||
21 | Property Tax Replacement Fund, a special
fund in the State | ||||||
22 | Treasury; and money collected under Section 2505-650 of the
| ||||||
23 | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
| ||||||
24 | into the
Child Support Enforcement Trust Fund, a special fund |
| |||||||
| |||||||
1 | outside the State
Treasury, or
to the State
Disbursement Unit | ||||||
2 | established under Section 10-26 of the Illinois Public Aid
| ||||||
3 | Code, as directed by the Department of Healthcare and Family | ||||||
4 | Services. | ||||||
5 | (b) Local Government Distributive Fund. | ||||||
6 | Beginning August 1, 1969, and continuing through June 30, | ||||||
7 | 1994, the Treasurer
shall transfer each month from the General | ||||||
8 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
9 | known as the "Local Government Distributive Fund", an
amount | ||||||
10 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
11 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
12 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
13 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
14 | from the General Revenue Fund to the Local Government
| ||||||
15 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
16 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
17 | Section 201 of this Act during the
preceding month. Beginning | ||||||
18 | July 1, 1995 and continuing through January 31, 2011, the | ||||||
19 | Treasurer shall transfer each
month from the General Revenue | ||||||
20 | Fund to the Local Government Distributive Fund
an amount equal | ||||||
21 | to the net of (i) 1/10 of the net revenue realized from the
tax | ||||||
22 | imposed by
subsections (a) and (b) of Section 201 of the | ||||||
23 | Illinois Income Tax Act during
the preceding month
(ii) minus, | ||||||
24 | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | ||||||
25 | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | ||||||
26 | and continuing through January 31, 2015, the Treasurer shall |
| |||||||
| |||||||
1 | transfer each month from the General Revenue Fund to the Local | ||||||
2 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
3 | 6% (10% of the ratio of the 3% individual income tax rate prior | ||||||
4 | to 2011 to the 5% individual income tax rate after 2010) of the | ||||||
5 | net revenue realized from the tax imposed by subsections (a) | ||||||
6 | and (b) of Section 201 of this Act upon individuals, trusts, | ||||||
7 | and estates during the preceding month and (ii) 6.86% (10% of | ||||||
8 | the ratio of the 4.8% corporate income tax rate prior to 2011 | ||||||
9 | to the 7% corporate income tax rate after 2010) of the net | ||||||
10 | revenue realized from the tax imposed by subsections (a) and | ||||||
11 | (b) of Section 201 of this Act upon corporations during the | ||||||
12 | preceding month. Beginning February 1, 2015 and continuing | ||||||
13 | through January 31, 2025, the Treasurer shall transfer each | ||||||
14 | month from the General Revenue Fund to the Local Government | ||||||
15 | Distributive Fund an amount equal to the sum of (i) 8% (10% of | ||||||
16 | the ratio of the 3% individual income tax rate prior to 2011 to | ||||||
17 | the 3.75% individual income tax rate after 2014) of the net | ||||||
18 | revenue realized from the tax imposed by subsections (a) and | ||||||
19 | (b) of Section 201 of this Act upon individuals, trusts, and | ||||||
20 | estates during the preceding month and (ii) 9.14% (10% of the | ||||||
21 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
22 | the 5.25% corporate income tax rate after 2014) of the net | ||||||
23 | revenue realized from the tax imposed by subsections (a) and | ||||||
24 | (b) of Section 201 of this Act upon corporations during the | ||||||
25 | preceding month. Beginning February 1, 2025, the Treasurer | ||||||
26 | shall transfer each month from the General Revenue Fund to the |
| |||||||
| |||||||
1 | Local Government Distributive Fund an amount equal to the sum | ||||||
2 | of (i) 9.23% (10% of the ratio of the 3% individual income tax | ||||||
3 | rate prior to 2011 to the 3.25% individual income tax rate | ||||||
4 | after 2024) of the net revenue realized from the tax imposed by | ||||||
5 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
6 | individuals, trusts, and estates during the preceding month and | ||||||
7 | (ii) 10% of the net revenue realized from the tax imposed by | ||||||
8 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
9 | corporations during the preceding month. A municipality may use | ||||||
10 | up to 2% of the net revenue of their Local Government | ||||||
11 | Distributive Fund portion to fund home equity programs within | ||||||
12 | the municipality's boundaries. Net revenue realized for a month | ||||||
13 | shall be defined as the
revenue from the tax imposed by | ||||||
14 | subsections (a) and (b) of Section 201 of this
Act which is | ||||||
15 | deposited in the General Revenue Fund, the Education Assistance
| ||||||
16 | Fund, the Income Tax Surcharge Local Government Distributive | ||||||
17 | Fund, the Fund for the Advancement of Education, and the | ||||||
18 | Commitment to Human Services Fund during the
month minus the | ||||||
19 | amount paid out of the General Revenue Fund in State warrants
| ||||||
20 | during that same month as refunds to taxpayers for overpayment | ||||||
21 | of liability
under the tax imposed by subsections (a) and (b) | ||||||
22 | of Section 201 of this Act. | ||||||
23 | Beginning on August 26, 2014 (the effective date of Public | ||||||
24 | Act 98-1052), the Comptroller shall perform the transfers | ||||||
25 | required by this subsection (b) no later than 60 days after he | ||||||
26 | or she receives the certification from the Treasurer as |
| |||||||
| |||||||
1 | provided in Section 1 of the State Revenue Sharing Act. | ||||||
2 | (c) Deposits Into Income Tax Refund Fund. | ||||||
3 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
4 | Department shall
deposit a percentage of the amounts | ||||||
5 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
6 | (3), of Section 201 of this Act into a fund in the State
| ||||||
7 | treasury known as the Income Tax Refund Fund. The | ||||||
8 | Department shall deposit 6%
of such amounts during the | ||||||
9 | period beginning January 1, 1989 and ending on June
30, | ||||||
10 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
11 | fiscal year
thereafter, the percentage deposited into the | ||||||
12 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
13 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
14 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
15 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
16 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
17 | of this amendatory Act of the 93rd General Assembly, the | ||||||
18 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
19 | fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||||||
20 | fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||||||
21 | fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||||||
22 | fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||||||
23 | fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||||||
24 | fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||||||
25 | fiscal year 2012, the Annual Percentage shall be 8.75%. For | ||||||
26 | fiscal year 2013, the Annual Percentage shall be 9.75%. For |
| |||||||
| |||||||
1 | fiscal year 2014, the Annual Percentage shall be 9.5%. For | ||||||
2 | fiscal year 2015, the Annual Percentage shall be 10%. For | ||||||
3 | all other
fiscal years, the
Annual Percentage shall be | ||||||
4 | calculated as a fraction, the numerator of which
shall be | ||||||
5 | the amount of refunds approved for payment by the | ||||||
6 | Department during
the preceding fiscal year as a result of | ||||||
7 | overpayment of tax liability under
subsections (a) and | ||||||
8 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
9 | amount of such refunds remaining approved but unpaid at the | ||||||
10 | end of the
preceding fiscal year, minus the amounts | ||||||
11 | transferred into the Income Tax
Refund Fund from the | ||||||
12 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
13 | which shall be the amounts which will be collected pursuant
| ||||||
14 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
15 | of this Act during
the preceding fiscal year; except that | ||||||
16 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
17 | no event exceed 7.6%. The Director of Revenue shall
certify | ||||||
18 | the Annual Percentage to the Comptroller on the last | ||||||
19 | business day of
the fiscal year immediately preceding the | ||||||
20 | fiscal year for which it is to be
effective. | ||||||
21 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
22 | Department shall
deposit a percentage of the amounts | ||||||
23 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
24 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
25 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
26 | Department shall deposit 18% of such amounts during the
|
| |||||||
| |||||||
1 | period beginning January 1, 1989 and ending on June 30, | ||||||
2 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
3 | fiscal year thereafter, the
percentage deposited into the | ||||||
4 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
5 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
6 | the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||||||
7 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
8 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
9 | of this amendatory Act of the 93rd General Assembly, the | ||||||
10 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
11 | fiscal year 2006, the Annual Percentage shall be 20%. For | ||||||
12 | fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||||||
13 | fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||||||
14 | fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||||||
15 | fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||||||
16 | fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||||||
17 | fiscal year 2012, the Annual Percentage shall be 17.5%. For | ||||||
18 | fiscal year 2013, the Annual Percentage shall be 14%. For | ||||||
19 | fiscal year 2014, the Annual Percentage shall be 13.4%. For | ||||||
20 | fiscal year 2015, the Annual Percentage shall be 14%. For | ||||||
21 | all other fiscal years, the Annual
Percentage shall be | ||||||
22 | calculated
as a fraction, the numerator of which shall be | ||||||
23 | the amount of refunds
approved for payment by the | ||||||
24 | Department during the preceding fiscal year as
a result of | ||||||
25 | overpayment of tax liability under subsections (a) and | ||||||
26 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
| |||||||
| |||||||
1 | Act plus the
amount of such refunds remaining approved but | ||||||
2 | unpaid at the end of the
preceding fiscal year, and the | ||||||
3 | denominator of
which shall be the amounts which will be | ||||||
4 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
5 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
6 | preceding fiscal year; except that in State fiscal year | ||||||
7 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
8 | The Director of Revenue shall
certify the Annual Percentage | ||||||
9 | to the Comptroller on the last business day of
the fiscal | ||||||
10 | year immediately preceding the fiscal year for which it is | ||||||
11 | to be
effective. | ||||||
12 | (3) The Comptroller shall order transferred and the | ||||||
13 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
14 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
15 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
16 | (iii) $35,000,000 in January, 2003. | ||||||
17 | (d) Expenditures from Income Tax Refund Fund. | ||||||
18 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
19 | Refund Fund
shall be expended exclusively for the purpose | ||||||
20 | of paying refunds resulting
from overpayment of tax | ||||||
21 | liability under Section 201 of this Act, for paying
rebates | ||||||
22 | under Section 208.1 in the event that the amounts in the | ||||||
23 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
24 | purpose,
and for
making transfers pursuant to this | ||||||
25 | subsection (d). | ||||||
26 | (2) The Director shall order payment of refunds |
| |||||||
| |||||||
1 | resulting from
overpayment of tax liability under Section | ||||||
2 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
3 | extent that amounts collected pursuant
to Section 201 of | ||||||
4 | this Act and transfers pursuant to this subsection (d)
and | ||||||
5 | item (3) of subsection (c) have been deposited and retained | ||||||
6 | in the
Fund. | ||||||
7 | (3) As soon as possible after the end of each fiscal | ||||||
8 | year, the Director
shall
order transferred and the State | ||||||
9 | Treasurer and State Comptroller shall
transfer from the | ||||||
10 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
11 | Replacement Fund an amount, certified by the Director to | ||||||
12 | the Comptroller,
equal to the excess of the amount | ||||||
13 | collected pursuant to subsections (c) and
(d) of Section | ||||||
14 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
15 | during the fiscal year over the amount of refunds resulting | ||||||
16 | from
overpayment of tax liability under subsections (c) and | ||||||
17 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
18 | Refund Fund during the fiscal year. | ||||||
19 | (4) As soon as possible after the end of each fiscal | ||||||
20 | year, the Director shall
order transferred and the State | ||||||
21 | Treasurer and State Comptroller shall
transfer from the | ||||||
22 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
23 | Refund Fund an amount, certified by the Director to the | ||||||
24 | Comptroller, equal
to the excess of the amount of refunds | ||||||
25 | resulting from overpayment of tax
liability under | ||||||
26 | subsections (c) and (d) of Section 201 of this Act paid
|
| |||||||
| |||||||
1 | from the Income Tax Refund Fund during the fiscal year over | ||||||
2 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
3 | Section 201 of this Act
deposited into the Income Tax | ||||||
4 | Refund Fund during the fiscal year. | ||||||
5 | (4.5) As soon as possible after the end of fiscal year | ||||||
6 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
7 | order transferred and the State Treasurer and
State | ||||||
8 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
9 | to the General
Revenue Fund any surplus remaining in the | ||||||
10 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
11 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
12 | attributable to transfers under item (3) of subsection (c) | ||||||
13 | less refunds
resulting from the earned income tax credit. | ||||||
14 | (5) This Act shall constitute an irrevocable and | ||||||
15 | continuing
appropriation from the Income Tax Refund Fund | ||||||
16 | for the purpose of paying
refunds upon the order of the | ||||||
17 | Director in accordance with the provisions of
this Section. | ||||||
18 | (e) Deposits into the Education Assistance Fund and the | ||||||
19 | Income Tax
Surcharge Local Government Distributive Fund. | ||||||
20 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
21 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
22 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
23 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
24 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
25 | January 31, 1993, of the amounts collected pursuant to
| ||||||
26 | subsections (a) and (b) of Section 201 of the Illinois Income |
| |||||||
| |||||||
1 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
2 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
3 | Local Government Distributive Fund in the State
Treasury. | ||||||
4 | Beginning February 1, 1993 and continuing through June 30, | ||||||
5 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
6 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
7 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
8 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
9 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
10 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
11 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
12 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
13 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
14 | Local Government Distributive Fund in the State Treasury. | ||||||
15 | (f) Deposits into the Fund for the Advancement of | ||||||
16 | Education. Beginning February 1, 2015, the Department shall | ||||||
17 | deposit the following portions of the revenue realized from the | ||||||
18 | tax imposed upon individuals, trusts, and estates by | ||||||
19 | subsections (a) and (b) of Section 201 of this Act during the | ||||||
20 | preceding month, minus deposits into the Income Tax Refund | ||||||
21 | Fund, into the Fund for the Advancement of Education: | ||||||
22 | (1) beginning February 1, 2015, and prior to February | ||||||
23 | 1, 2025, 1/30; and | ||||||
24 | (2) beginning February 1, 2025, 1/26. | ||||||
25 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
26 | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| |||||||
| |||||||
1 | the Department shall not make the deposits required by this | ||||||
2 | subsection (f) on or after the effective date of the reduction. | ||||||
3 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
4 | Beginning February 1, 2015, the Department shall deposit the | ||||||
5 | following portions of the revenue realized from the tax imposed | ||||||
6 | upon individuals, trusts, and estates by subsections (a) and | ||||||
7 | (b) of Section 201 of this Act during the preceding month, | ||||||
8 | minus deposits into the Income Tax Refund Fund, into the | ||||||
9 | Commitment to Human Services Fund: | ||||||
10 | (1) beginning February 1, 2015, and prior to February | ||||||
11 | 1, 2025, 1/30; and | ||||||
12 | (2) beginning February 1, 2025, 1/26. | ||||||
13 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
14 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
15 | the Department shall not make the deposits required by this | ||||||
16 | subsection (g) on or after the effective date of the reduction. | ||||||
17 | (h) Deposits into the Tax Compliance and Administration | ||||||
18 | Fund. Beginning on the first day of the first calendar month to | ||||||
19 | occur on or after August 26, 2014 (the effective date of Public | ||||||
20 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
21 | Compliance and Administration Fund, to be used, subject to | ||||||
22 | appropriation, to fund additional auditors and compliance | ||||||
23 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
24 | the cash receipts collected during the preceding fiscal year by | ||||||
25 | the Audit Bureau of the Department from the tax imposed by | ||||||
26 | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
| |||||||
| |||||||
1 | net of deposits into the Income Tax Refund Fund made from those | ||||||
2 | cash receipts. | ||||||
3 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
4 | 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff. | ||||||
5 | 7-20-15.)
| ||||||
6 | Section 15. The Illinois Municipal Code is amended by | ||||||
7 | changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5 | ||||||
8 | as follows:
| ||||||
9 | (65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1) | ||||||
10 | Sec. 8-11-1.1. Non-home rule municipalities; imposition of | ||||||
11 | taxes. | ||||||
12 | (a) The corporate authorities of a non-home rule
| ||||||
13 | municipality
may, upon approval of the electors of the | ||||||
14 | municipality pursuant to
subsection (b) of this Section, impose | ||||||
15 | by ordinance or resolution the tax authorized in Sections | ||||||
16 | 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. | ||||||
17 | (b) The corporate authorities of the municipality may by | ||||||
18 | ordinance or
resolution call for the submission to the electors | ||||||
19 | of the municipality
the question of whether the municipality | ||||||
20 | shall impose such tax. Such
question shall be certified by the | ||||||
21 | municipal clerk to the election
authority in accordance with | ||||||
22 | Section 28-5 of the Election Code and shall be
in a form in | ||||||
23 | accordance with Section 16-7 of the Election Code. | ||||||
24 | Notwithstanding any provision of law to the contrary, if |
| |||||||
| |||||||
1 | the proceeds of the tax may be used for municipal operations | ||||||
2 | pursuant to Section 8-11-1.3, 8-11-1.4, or 8-11-1.5, then the | ||||||
3 | election authority must submit the question in substantially | ||||||
4 | the following form: | ||||||
5 | Shall the corporate authorities of the municipality be | ||||||
6 | authorized to levy a tax at a rate of (rate)% for | ||||||
7 | expenditures on municipal operations, expenditures on | ||||||
8 | public infrastructure, or property tax relief? | ||||||
9 | If a majority of the electors in the municipality voting | ||||||
10 | upon the
question vote in the affirmative, such tax shall be | ||||||
11 | imposed. | ||||||
12 | Until January 1, 1992, an ordinance or resolution imposing | ||||||
13 | the tax of not more than 1% hereunder or
discontinuing the same | ||||||
14 | shall be adopted and a certified copy thereof,
together with a | ||||||
15 | certification that the ordinance or resolution received
| ||||||
16 | referendum approval in the case of the imposition of such tax, | ||||||
17 | filed with
the Department of Revenue, on or before the first | ||||||
18 | day of June, whereupon
the Department shall proceed to | ||||||
19 | administer and enforce
the additional tax or to discontinue the | ||||||
20 | tax, as the case may be, as of the
first day of September next | ||||||
21 | following such adoption and filing. | ||||||
22 | Beginning January 1, 1992 and through December 31, 1992, an | ||||||
23 | ordinance or resolution imposing
or discontinuing the tax | ||||||
24 | hereunder shall be adopted and a certified copy
thereof filed | ||||||
25 | with the Department on or before the first day of July,
| ||||||
26 | whereupon the Department shall proceed to administer and |
| |||||||
| |||||||
1 | enforce this
Section as of the first day of October next | ||||||
2 | following such adoption and filing. | ||||||
3 | Beginning January 1, 1993, and through September 30, 2002, | ||||||
4 | an ordinance or resolution imposing or
discontinuing the tax | ||||||
5 | hereunder shall be adopted and a certified copy
thereof filed | ||||||
6 | with the Department on or before the first day of October,
| ||||||
7 | whereupon the Department shall proceed to administer and | ||||||
8 | enforce this
Section as of the first day of January next | ||||||
9 | following such adoption and filing. | ||||||
10 | Beginning October 1, 2002, and through December 31, 2013, | ||||||
11 | an ordinance or resolution imposing or
discontinuing the tax
| ||||||
12 | under this Section or effecting a change in the rate of tax | ||||||
13 | must either (i) be
adopted
and a
certified copy of the | ||||||
14 | ordinance or resolution filed with the Department on or
before | ||||||
15 | the first day
of April,
whereupon the Department shall proceed | ||||||
16 | to administer and enforce this Section
as of the
first day of | ||||||
17 | July next following the adoption and filing; or (ii) be adopted
| ||||||
18 | and a certified
copy of the ordinance or resolution filed with | ||||||
19 | the Department on or before the
first day
of October,
whereupon | ||||||
20 | the Department shall proceed to administer and enforce this | ||||||
21 | Section
as of the
first day of January next following the | ||||||
22 | adoption and filing. | ||||||
23 | Beginning January 1, 2014, if an ordinance or resolution | ||||||
24 | imposing the tax under this Section, discontinuing the tax | ||||||
25 | under this Section, or effecting a change in the rate of tax | ||||||
26 | under this Section is adopted, a certified copy thereof, |
| |||||||
| |||||||
1 | together with a certification that the ordinance or resolution | ||||||
2 | received referendum approval in the case of the imposition of | ||||||
3 | or increase in the rate of such tax, shall be filed with the | ||||||
4 | Department of Revenue, either (i) on or before the first day of | ||||||
5 | May, whereupon the Department shall proceed to administer and | ||||||
6 | enforce this Section as of the first day of July next following | ||||||
7 | the adoption and filing; or (ii) on or before the first day of | ||||||
8 | October, whereupon the Department shall proceed to administer | ||||||
9 | and enforce this Section as of the first day of January next | ||||||
10 | following the adoption and filing. | ||||||
11 | Notwithstanding any provision in this Section to the | ||||||
12 | contrary, if, in a non-home rule municipality with more than | ||||||
13 | 150,000 but fewer than 200,000 inhabitants, as determined by | ||||||
14 | the last preceding federal decennial census, an ordinance or | ||||||
15 | resolution under this Section imposes or discontinues a tax or | ||||||
16 | changes the tax rate as of July 1, 2007, then that ordinance or | ||||||
17 | resolution, together with a certification that the
ordinance or | ||||||
18 | resolution received referendum approval in the case of the
| ||||||
19 | imposition of the tax, must be adopted and a certified copy of | ||||||
20 | that ordinance or resolution must be filed with the Department | ||||||
21 | on or before May 15, 2007, whereupon the Department shall | ||||||
22 | proceed to administer and enforce this Section as of July 1, | ||||||
23 | 2007.
| ||||||
24 | Notwithstanding any provision in this Section to the | ||||||
25 | contrary, if, in a non-home rule municipality with more than | ||||||
26 | 6,500 but fewer than 7,000 inhabitants, as determined by the |
| |||||||
| |||||||
1 | last preceding federal decennial census, an ordinance or | ||||||
2 | resolution under this Section imposes or discontinues a tax or | ||||||
3 | changes the tax rate on or before May 20, 2009, then that | ||||||
4 | ordinance or resolution, together with a certification that the
| ||||||
5 | ordinance or resolution received referendum approval in the | ||||||
6 | case of the
imposition of the tax, must be adopted and a | ||||||
7 | certified copy of that ordinance or resolution must be filed | ||||||
8 | with the Department on or before May 20, 2009, whereupon the | ||||||
9 | Department shall proceed to administer and enforce this Section | ||||||
10 | as of July 1, 2009. | ||||||
11 | A non-home rule municipality may file
a
certified copy of | ||||||
12 | an ordinance or resolution, with a certification that the
| ||||||
13 | ordinance or resolution received referendum approval in the | ||||||
14 | case of the
imposition of the tax, with the
Department of | ||||||
15 | Revenue, as required under this Section, only after October 2,
| ||||||
16 | 2000. | ||||||
17 | The tax authorized by this Section may not be more than 2% | ||||||
18 | 1% and
may be imposed only in 1/4% increments. No more than | ||||||
19 | 0.15% of the proceeds of the tax authorized by this Section may | ||||||
20 | be used for home equity programs within the municipality. | ||||||
21 | (Source: P.A. 98-584, eff. 8-27-13.)
| ||||||
22 | (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
| ||||||
23 | Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' | ||||||
24 | Occupation Tax Act. The corporate authorities of a non-home | ||||||
25 | rule municipality may impose
a tax upon all persons engaged in |
| |||||||
| |||||||
1 | the business of selling tangible
personal property, other than | ||||||
2 | on an item of tangible personal property
which is titled and | ||||||
3 | registered by an agency of this State's Government,
at retail | ||||||
4 | in the municipality for expenditure on
public infrastructure or | ||||||
5 | for property tax relief or both as defined in
Section 8-11-1.2 | ||||||
6 | if approved by
referendum as provided in Section 8-11-1.1, of | ||||||
7 | the gross receipts from such
sales made in the course of such | ||||||
8 | business.
If the tax is approved by referendum on or after July | ||||||
9 | 14, 2010 (the effective date of Public Act 96-1057), the | ||||||
10 | corporate authorities of a non-home rule municipality may, | ||||||
11 | until December 31, 2020, use the proceeds of the tax for | ||||||
12 | expenditure on municipal operations, in addition to or in lieu | ||||||
13 | of any expenditure on public infrastructure or for property tax | ||||||
14 | relief. The tax imposed may not be more than 2% 1% and may be | ||||||
15 | imposed only in
1/4% increments. No more than 0.15% of the | ||||||
16 | proceeds of the tax authorized by this Section may be used for | ||||||
17 | home equity programs within the municipality. The tax may not | ||||||
18 | be imposed on the sale of food for human
consumption that is
to | ||||||
19 | be consumed off the premises where it is sold (other than | ||||||
20 | alcoholic
beverages, soft drinks, and food that has been | ||||||
21 | prepared for immediate
consumption) and prescription and | ||||||
22 | nonprescription medicines, drugs, medical
appliances, and | ||||||
23 | insulin, urine testing materials, syringes, and needles used by
| ||||||
24 | diabetics.
The tax imposed by a
municipality pursuant to this | ||||||
25 | Section and all civil penalties that may be
assessed as an | ||||||
26 | incident thereof shall be collected and enforced by the
State |
| |||||||
| |||||||
1 | Department of Revenue. The certificate of registration which is
| ||||||
2 | issued by the Department to a retailer under the Retailers' | ||||||
3 | Occupation Tax
Act shall permit such retailer to engage in a | ||||||
4 | business which is taxable
under any ordinance or resolution | ||||||
5 | enacted pursuant to
this Section without registering | ||||||
6 | separately with the Department under
such ordinance or | ||||||
7 | resolution or under this Section. The Department
shall have | ||||||
8 | full power to administer and enforce this Section; to collect
| ||||||
9 | all taxes and penalties due hereunder; to dispose of taxes and | ||||||
10 | penalties
so collected in the manner hereinafter provided, and | ||||||
11 | to determine all
rights to credit memoranda, arising on account | ||||||
12 | of the erroneous payment
of tax or penalty hereunder. In the | ||||||
13 | administration of, and compliance
with, this Section, the | ||||||
14 | Department and persons who are subject to this
Section shall | ||||||
15 | have the same rights, remedies, privileges, immunities,
powers | ||||||
16 | and duties, and be subject to the same conditions, | ||||||
17 | restrictions,
limitations, penalties and definitions of terms, | ||||||
18 | and employ the same
modes of procedure, as are prescribed in | ||||||
19 | Sections 1, 1a, 1a-1, 1d, 1e,
1f, 1i, 1j, 2 through 2-65 (in | ||||||
20 | respect to all provisions therein other than
the State rate of | ||||||
21 | tax), 2c, 3 (except as to the disposition of taxes and
| ||||||
22 | penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, | ||||||
23 | 5j, 5k, 5l,
6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the | ||||||
24 | Retailers'
Occupation Tax Act and Section 3-7 of the Uniform | ||||||
25 | Penalty and Interest
Act as fully as if those provisions were | ||||||
26 | set forth herein.
|
| |||||||
| |||||||
1 | No municipality may impose a tax under this Section unless | ||||||
2 | the municipality
also imposes a tax at the same rate under | ||||||
3 | Section 8-11-1.4 of this Code.
| ||||||
4 | Persons subject to any tax imposed pursuant to the | ||||||
5 | authority granted
in this Section may reimburse themselves for | ||||||
6 | their seller's tax
liability hereunder by separately stating | ||||||
7 | such tax as an additional
charge, which charge may be stated in | ||||||
8 | combination, in a single amount,
with State tax which sellers | ||||||
9 | are required to collect under the Use Tax
Act, pursuant to such | ||||||
10 | bracket schedules as the Department may prescribe.
| ||||||
11 | Whenever the Department determines that a refund should be | ||||||
12 | made under
this Section to a claimant instead of issuing a | ||||||
13 | credit memorandum, the
Department shall notify the State | ||||||
14 | Comptroller, who shall cause the
order to be drawn for the | ||||||
15 | amount specified, and to the person named,
in such notification | ||||||
16 | from the Department. Such refund shall be paid by
the State | ||||||
17 | Treasurer out of the non-home rule municipal retailers'
| ||||||
18 | occupation tax fund.
| ||||||
19 | The Department shall forthwith pay over to the State | ||||||
20 | Treasurer, ex
officio, as trustee, all taxes and penalties | ||||||
21 | collected hereunder. | ||||||
22 | As soon as possible after the first day of each month, | ||||||
23 | beginning January 1, 2011, upon certification of the Department | ||||||
24 | of Revenue, the Comptroller shall order transferred, and the | ||||||
25 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
26 | local sales tax increment, as defined in the Innovation |
| |||||||
| |||||||
1 | Development and Economy Act, collected under this Section | ||||||
2 | during the second preceding calendar month for sales within a | ||||||
3 | STAR bond district. | ||||||
4 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
5 | on or
before the 25th day of each calendar month, the | ||||||
6 | Department shall
prepare and certify to the Comptroller the | ||||||
7 | disbursement of stated sums
of money to named municipalities, | ||||||
8 | the municipalities to be those from
which retailers have paid | ||||||
9 | taxes or penalties hereunder to the Department
during the | ||||||
10 | second preceding calendar month. The amount to be paid to each
| ||||||
11 | municipality shall be the amount (not including credit | ||||||
12 | memoranda) collected
hereunder during the second preceding | ||||||
13 | calendar month by the Department plus
an amount the Department | ||||||
14 | determines is necessary to offset any amounts
which were | ||||||
15 | erroneously paid to a different taxing body, and not including
| ||||||
16 | an amount equal to the amount of refunds made during the second | ||||||
17 | preceding
calendar month by the Department on behalf of such | ||||||
18 | municipality, and not
including any amount which the Department | ||||||
19 | determines is necessary to offset
any amounts which were | ||||||
20 | payable to a different taxing body but were
erroneously paid to | ||||||
21 | the municipality, and not including any amounts that are | ||||||
22 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
23 | after receipt, by the
Comptroller, of the disbursement | ||||||
24 | certification to the municipalities,
provided for in this | ||||||
25 | Section to be given to the Comptroller by the
Department, the | ||||||
26 | Comptroller shall cause the orders to be drawn for the
|
| |||||||
| |||||||
1 | respective amounts in accordance with the directions contained | ||||||
2 | in such
certification.
| ||||||
3 | For the purpose of determining the local governmental unit | ||||||
4 | whose tax
is applicable, a retail sale, by a producer of coal | ||||||
5 | or other mineral
mined in Illinois, is a sale at retail at the | ||||||
6 | place where the coal or
other mineral mined in Illinois is | ||||||
7 | extracted from the earth. This
paragraph does not apply to coal | ||||||
8 | or other mineral when it is delivered
or shipped by the seller | ||||||
9 | to the purchaser at a point outside Illinois so
that the sale | ||||||
10 | is exempt under the Federal Constitution as a sale in
| ||||||
11 | interstate or foreign commerce.
| ||||||
12 | Nothing in this Section shall be construed to authorize a
| ||||||
13 | municipality to impose a tax upon the privilege of engaging in | ||||||
14 | any
business which under the constitution of the United States | ||||||
15 | may not be
made the subject of taxation by this State.
| ||||||
16 | When certifying the amount of a monthly disbursement to a | ||||||
17 | municipality
under this Section, the Department shall increase | ||||||
18 | or decrease such amount
by an amount necessary to offset any | ||||||
19 | misallocation of previous
disbursements. The offset amount | ||||||
20 | shall be the amount erroneously disbursed
within the previous 6 | ||||||
21 | months from the time a misallocation is discovered.
| ||||||
22 | The Department of Revenue shall implement this amendatory | ||||||
23 | Act of the 91st
General Assembly so as to collect the tax on | ||||||
24 | and after January 1, 2002.
| ||||||
25 | As used in this Section, "municipal" and "municipality" | ||||||
26 | means a city,
village or incorporated town, including an |
| |||||||
| |||||||
1 | incorporated town which has
superseded a civil township.
| ||||||
2 | This Section shall be known and may be cited as the | ||||||
3 | "Non-Home Rule
Municipal Retailers' Occupation Tax Act".
| ||||||
4 | (Source: P.A. 99-217, eff. 7-31-15.)
| ||||||
5 | (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
| ||||||
6 | Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation | ||||||
7 | Tax Act. The
corporate authorities of a non-home rule | ||||||
8 | municipality may impose a
tax upon all persons engaged, in such | ||||||
9 | municipality, in the business of
making sales of service for | ||||||
10 | expenditure on
public infrastructure or for property tax relief | ||||||
11 | or both as defined in
Section 8-11-1.2 if approved by
| ||||||
12 | referendum as provided in Section 8-11-1.1, of the selling | ||||||
13 | price of
all tangible personal property transferred by such | ||||||
14 | servicemen either in
the form of tangible personal property or | ||||||
15 | in the form of real estate as
an incident to a sale of service.
| ||||||
16 | If the tax is approved by referendum on or after July 14, 2010 | ||||||
17 | (the effective date of Public Act 96-1057), the corporate | ||||||
18 | authorities of a non-home rule municipality may, until December | ||||||
19 | 31, 2020, use the proceeds of the tax for expenditure on | ||||||
20 | municipal operations, in addition to or in lieu of any | ||||||
21 | expenditure on public infrastructure or for property tax | ||||||
22 | relief. The tax imposed may not be more than 2% 1% and may be | ||||||
23 | imposed only in
1/4% increments. No more than 0.15% of the | ||||||
24 | proceeds of the tax authorized by this Section may be used for | ||||||
25 | home equity programs within the municipality. The tax may not |
| |||||||
| |||||||
1 | be imposed on the sale of food for human
consumption that is
to | ||||||
2 | be consumed off the premises where it is sold (other than | ||||||
3 | alcoholic
beverages, soft drinks, and food that has been | ||||||
4 | prepared for immediate
consumption) and prescription and | ||||||
5 | nonprescription medicines, drugs, medical
appliances, and | ||||||
6 | insulin, urine testing materials, syringes, and needles used by
| ||||||
7 | diabetics.
The tax imposed by a municipality
pursuant to this | ||||||
8 | Section and all civil penalties that may be assessed as
an | ||||||
9 | incident thereof shall be collected and enforced by the State
| ||||||
10 | Department of Revenue. The certificate of registration which is | ||||||
11 | issued
by the Department to a retailer under the Retailers' | ||||||
12 | Occupation Tax
Act or under the Service Occupation Tax Act | ||||||
13 | shall permit
such registrant to engage in a business which is | ||||||
14 | taxable under any
ordinance or resolution enacted pursuant to | ||||||
15 | this Section without
registering separately with the | ||||||
16 | Department under such ordinance or
resolution or under this | ||||||
17 | Section. The Department shall have full power
to administer and | ||||||
18 | enforce this Section; to collect all taxes and
penalties due | ||||||
19 | hereunder; to dispose of taxes and penalties so collected
in | ||||||
20 | the manner hereinafter provided, and to determine all rights to
| ||||||
21 | credit memoranda arising on account of the erroneous payment of | ||||||
22 | tax or
penalty hereunder. In the administration of, and | ||||||
23 | compliance with, this
Section the Department and persons who | ||||||
24 | are subject to this Section
shall have the same rights, | ||||||
25 | remedies, privileges, immunities, powers and
duties, and be | ||||||
26 | subject to the same conditions, restrictions, limitations,
|
| |||||||
| |||||||
1 | penalties and definitions of terms, and employ the same modes | ||||||
2 | of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 | ||||||
3 | through 3-50 (in respect to
all provisions therein other than | ||||||
4 | the State rate of tax), 4 (except that
the reference to the | ||||||
5 | State shall be to the taxing municipality), 5, 7, 8
(except | ||||||
6 | that the jurisdiction to which the tax shall be a debt to the
| ||||||
7 | extent indicated in that Section 8 shall be the taxing | ||||||
8 | municipality), 9
(except as to the disposition of taxes and | ||||||
9 | penalties collected, and except
that the returned merchandise | ||||||
10 | credit for this municipal tax may not be
taken against any | ||||||
11 | State tax), 10, 11, 12 (except the reference therein to
Section | ||||||
12 | 2b of the Retailers' Occupation Tax Act), 13 (except that any
| ||||||
13 | reference to the State shall mean the taxing municipality), the | ||||||
14 | first
paragraph of Section 15, 16, 17, 18, 19 and 20 of the | ||||||
15 | Service Occupation
Tax Act and Section 3-7 of the Uniform | ||||||
16 | Penalty and Interest Act, as fully
as if those provisions were | ||||||
17 | set forth herein.
| ||||||
18 | No municipality may impose a tax under this Section unless | ||||||
19 | the municipality
also imposes a tax at the same rate under | ||||||
20 | Section 8-11-1.3 of this Code.
| ||||||
21 | Persons subject to any tax imposed pursuant to the | ||||||
22 | authority granted
in this Section may reimburse themselves for | ||||||
23 | their serviceman's tax
liability hereunder by separately | ||||||
24 | stating such tax as an additional
charge, which charge may be | ||||||
25 | stated in combination, in a single amount,
with State tax which | ||||||
26 | servicemen are authorized to collect under the
Service Use Tax |
| |||||||
| |||||||
1 | Act, pursuant to such bracket schedules as the
Department may | ||||||
2 | prescribe.
| ||||||
3 | Whenever the Department determines that a refund should be | ||||||
4 | made under
this Section to a claimant instead of issuing credit | ||||||
5 | memorandum, the
Department shall notify the State Comptroller, | ||||||
6 | who shall cause the
order to be drawn for the amount specified, | ||||||
7 | and to the person named,
in such notification from the | ||||||
8 | Department. Such refund shall be paid by
the State Treasurer | ||||||
9 | out of the municipal retailers' occupation tax fund.
| ||||||
10 | The Department shall forthwith pay over to the State | ||||||
11 | Treasurer,
ex officio, as trustee, all taxes and penalties | ||||||
12 | collected hereunder. | ||||||
13 | As soon as possible after the first day of each month, | ||||||
14 | beginning January 1, 2011, upon certification of the Department | ||||||
15 | of Revenue, the Comptroller shall order transferred, and the | ||||||
16 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
17 | local sales tax increment, as defined in the Innovation | ||||||
18 | Development and Economy Act, collected under this Section | ||||||
19 | during the second preceding calendar month for sales within a | ||||||
20 | STAR bond district. | ||||||
21 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
22 | on
or before the 25th day of each calendar month, the | ||||||
23 | Department shall
prepare and certify to the Comptroller the | ||||||
24 | disbursement of stated sums
of money to named municipalities, | ||||||
25 | the municipalities to be those from
which suppliers and | ||||||
26 | servicemen have paid taxes or penalties hereunder to
the |
| |||||||
| |||||||
1 | Department during the second preceding calendar month. The | ||||||
2 | amount
to be paid to each municipality shall be the amount (not | ||||||
3 | including credit
memoranda) collected hereunder during the | ||||||
4 | second preceding calendar
month by the Department, and not | ||||||
5 | including an amount equal to the amount
of refunds made during | ||||||
6 | the second preceding calendar month by the
Department on behalf | ||||||
7 | of such municipality, and not including any amounts that are | ||||||
8 | transferred to the STAR Bonds Revenue Fund. Within 10 days
| ||||||
9 | after receipt, by the Comptroller, of the disbursement | ||||||
10 | certification to
the municipalities and the General Revenue | ||||||
11 | Fund, provided for in this
Section to be given to the | ||||||
12 | Comptroller by the Department, the
Comptroller shall cause the | ||||||
13 | orders to be drawn for the respective
amounts in accordance | ||||||
14 | with the directions contained in such
certification.
| ||||||
15 | The Department of Revenue shall implement this amendatory | ||||||
16 | Act of the 91st
General Assembly so as to collect the tax on | ||||||
17 | and after January 1, 2002.
| ||||||
18 | Nothing in this Section shall be construed to authorize a
| ||||||
19 | municipality to impose a tax upon the privilege of engaging in | ||||||
20 | any
business which under the constitution of the United States | ||||||
21 | may not be
made the subject of taxation by this State.
| ||||||
22 | As used in this Section, "municipal" or "municipality" | ||||||
23 | means or refers to
a city, village or incorporated town, | ||||||
24 | including an incorporated town which
has superseded a civil | ||||||
25 | township.
| ||||||
26 | This Section shall be known and may be cited as the |
| |||||||
| |||||||
1 | "Non-Home Rule Municipal
Service Occupation Tax Act".
| ||||||
2 | (Source: P.A. 96-939, eff. 6-24-10; 96-1057, eff. 7-14-10; | ||||||
3 | 97-333, eff. 8-12-11; 97-837, eff. 7-20-12.)
| ||||||
4 | (65 ILCS 5/8-11-1.5) (from Ch. 24, par. 8-11-1.5)
| ||||||
5 | Sec. 8-11-1.5. Non-Home Rule Municipal Use Tax Act. The | ||||||
6 | corporate
authorities of a non-home rule municipality may | ||||||
7 | impose a
tax upon the privilege of using, in such municipality, | ||||||
8 | any item of tangible
personal property which is purchased at | ||||||
9 | retail from a retailer, and which is
titled or registered with | ||||||
10 | an agency of this State's government, based on the selling | ||||||
11 | price of such tangible personal
property, as "selling price" is | ||||||
12 | defined in the Use Tax Act, for expenditure
on public | ||||||
13 | infrastructure or for property tax relief or both as defined in
| ||||||
14 | Section 8-11-1.2, if approved by
referendum as provided in | ||||||
15 | Section 8-11-1.1. If the tax is approved by referendum on or | ||||||
16 | after the effective date of this amendatory Act of the 96th | ||||||
17 | General Assembly, the corporate authorities of a non-home rule | ||||||
18 | municipality may, until December 31, 2020, use the proceeds of | ||||||
19 | the tax for expenditure on municipal operations, in addition to | ||||||
20 | or in lieu of any expenditure on public infrastructure or for | ||||||
21 | property tax relief. The tax imposed may not be more
than 2% 1% | ||||||
22 | and may be imposed only in 1/4% increments. No more than 0.15% | ||||||
23 | of the proceeds of the tax authorized by this Section may be | ||||||
24 | used for home equity programs within the municipality. Such tax | ||||||
25 | shall
be
collected from persons whose Illinois address for |
| |||||||
| |||||||
1 | title or registration
purposes is given as being in such | ||||||
2 | municipality. Such tax shall be
collected by the municipality | ||||||
3 | imposing such tax.
A non-home rule municipality may not
impose | ||||||
4 | and collect the tax prior to January 1, 2002.
| ||||||
5 | This Section shall be known and may be cited as the | ||||||
6 | "Non-Home Rule
Municipal Use Tax Act".
| ||||||
7 | (Source: P.A. 96-1057, eff. 7-14-10; 97-837, eff. 7-20-12.)
| ||||||
8 | Section 20. The Home Equity Assurance Act is amended by | ||||||
9 | changing Sections 2, 3, 4, 4.2, and 11 as follows:
| ||||||
10 | (65 ILCS 95/2) (from Ch. 24, par. 1602)
| ||||||
11 | Sec. 2. Purpose. The purpose of a Home Equity Program and
| ||||||
12 | commission created under the provisions of this Act by the | ||||||
13 | voters of a
territory within a municipality with a population | ||||||
14 | of more than 1,000,000
or an eligible municipality shall be to | ||||||
15 | guarantee that the
value of the property of each member of the | ||||||
16 | program shall not fall below its
fair market value established | ||||||
17 | at the time the member registers in a
program, provided that | ||||||
18 | the member remains in the program for at least 5
years, keeps | ||||||
19 | the property well maintained, continuously occupies the
| ||||||
20 | property as his or her principal residence, or a family member | ||||||
21 | continuously
occupies the property as a principal residence, | ||||||
22 | and
adheres to the guidelines of a program. By providing such a | ||||||
23 | guarantee, a
program is intended to provide relief only from | ||||||
24 | specifically local adverse
housing market conditions within |
| |||||||
| |||||||
1 | the territory of the program as they may
differ from | ||||||
2 | municipal-wide, regional, or national housing conditions. A
| ||||||
3 | program is not intended to provide relief from physical perils | ||||||
4 | such as
natural disasters or acts of God or from depreciation | ||||||
5 | due to failure to
maintain a residence. Furthermore, a program | ||||||
6 | is not intended to provide,
serve as, or replace homeowner's | ||||||
7 | insurance or other conventional forms of insurance.
| ||||||
8 | (Source: P.A. 85-1044.)
| ||||||
9 | (65 ILCS 95/3) (from Ch. 24, par. 1603)
| ||||||
10 | Sec. 3. Definitions. For the purposes of this Act:
| ||||||
11 | (a) "Bona fide offer" means an offer made in good faith and | ||||||
12 | for a
valuable consideration to purchase a qualified residence | ||||||
13 | at a price that in the opinion of the governing commission is | ||||||
14 | reasonable given current market conditions.
| ||||||
15 | (b) "Certificate of participation" means the duly | ||||||
16 | notarized document of
membership in a program, signed by the | ||||||
17 | qualified applicant and by an
authorized representative of the | ||||||
18 | governing commission, which specifies the
location and | ||||||
19 | description of the guaranteed residence, its guaranteed value,
| ||||||
20 | the registration date, and which has attached a program | ||||||
21 | appraisal for
the guaranteed residence.
| ||||||
22 | (c) "Community organization" means a not-for-profit | ||||||
23 | organization which
has been registered with this State for at | ||||||
24 | least 5 years as a
not-for-profit organization, which qualifies | ||||||
25 | for tax exempt status
under Section 501 (c) (3) or 501
(c) (4) |
| |||||||
| |||||||
1 | of the United States Internal Revenue Code of 1986, as now or
| ||||||
2 | hereafter amended, which continuously maintains an office or | ||||||
3 | business
location within the territory of a program together | ||||||
4 | with a current listed
telephone number, and whose members | ||||||
5 | reside within the territory of a program.
| ||||||
6 | (d) "Eligible applicant" means a natural person who is the | ||||||
7 | owner of a
qualified residence within the territory of a | ||||||
8 | program who continuously
occupies or has a family member who | ||||||
9 | occupies such qualified residence as
the principal place of | ||||||
10 | residence.
| ||||||
11 | (d-5) "Eligible municipality" means a municipality with | ||||||
12 | 1,000,000 or fewer inhabitants that has (i) an annual average | ||||||
13 | unemployment rate of at least 120% of the State's annual | ||||||
14 | average unemployment rate for the most recent calendar year or | ||||||
15 | the most recent fiscal year as reported by the Department of | ||||||
16 | Employment Security, (ii) a poverty rate of at least 20% | ||||||
17 | according to the latest federal decennial census, or (iii) a | ||||||
18 | census tract crime rate higher than the State average. | ||||||
19 | (e) "Family member" means a spouse, child, stepchild, | ||||||
20 | parent,
grandparent, brother, sister, or any such relations of | ||||||
21 | the
spouse of the member.
| ||||||
22 | (f) "Governing commission" means the 9 member (or 18 member | ||||||
23 | in the
case of a merged program) governing body which is | ||||||
24 | authorized by voter
approval of the creation of a home equity | ||||||
25 | program (or merger of programs) as
provided in this Act and | ||||||
26 | which is appointed by the mayor of the
municipality in which |
| |||||||
| |||||||
1 | the program has been approved with the approval of
the city | ||||||
2 | council, 7 (or 14 in the case of a merged program) of whom | ||||||
3 | shall be
appointed from a list or lists of nominees submitted | ||||||
4 | by a community
organization or community organizations as | ||||||
5 | defined in this Act.
| ||||||
6 | (g) "Gross selling value" means the total consideration to | ||||||
7 | be paid for
the purchase of a guaranteed residence, and shall | ||||||
8 | include
any amount that the buyer or prospective buyer agrees | ||||||
9 | to assume on behalf
of a member, including broker commissions, | ||||||
10 | points, legal fees,
personal financing, or other items of value | ||||||
11 | involved in the sale.
| ||||||
12 | (h) "Guarantee fund" means the funds collected under the | ||||||
13 | provisions of
this Act for the purpose of guaranteeing the | ||||||
14 | property values of members
within the territory of a program.
| ||||||
15 | (i) "Guaranteed residence" means a qualified residence for | ||||||
16 | which a
certificate of participation has been issued, which is | ||||||
17 | occupied
continuously as the place of legal residence by the | ||||||
18 | member or a family
member, which is described in the | ||||||
19 | certificate of participation, and which
is entitled to coverage | ||||||
20 | under this Act.
| ||||||
21 | (j) "Guaranteed value" means the appraised valuation based | ||||||
22 | upon a
standard of current fair market value as of the | ||||||
23 | registration date on the
qualified residence as determined by a | ||||||
24 | program appraiser pursuant to
accepted professional appraisal | ||||||
25 | standards and which is authorized by the
commission for the | ||||||
26 | registration date. The guaranteed value shall be used
solely by |
| |||||||
| |||||||
1 | the commission for the purpose of administering the program and
| ||||||
2 | shall remain confidential.
| ||||||
3 | (k) "Member" means the owner of a guaranteed residence.
| ||||||
4 | (l) "Owner" means a natural person who is the legal
| ||||||
5 | titleholder or who is the
beneficiary of a trust which is the | ||||||
6 | legal titleholder.
| ||||||
7 | (m) "Physical perils" means physical occurrences such as, | ||||||
8 | but not limited
to, fire, windstorm, hail, nuclear explosion or | ||||||
9 | seepage, war,
insurrection, wear and tear, cracking, settling, | ||||||
10 | vermin,
rodents, insects, vandalism, pollution or | ||||||
11 | contamination, and all such
related occurrences or acts of God.
| ||||||
12 | (n) "Program" means the guaranteed home equity program | ||||||
13 | governed by a
specific home equity commission.
| ||||||
14 | (o) "Program appraisal" means a real estate appraisal | ||||||
15 | conducted by a
program appraiser for the purpose of | ||||||
16 | establishing the guaranteed value of a
qualified residence | ||||||
17 | under a program and providing a general description of
the | ||||||
18 | qualified residence. The program appraisal shall be used solely | ||||||
19 | by the
governing commission for the purpose of administering | ||||||
20 | the program and shall
remain confidential.
| ||||||
21 | (p) "Program appraiser" means a real estate appraiser who | ||||||
22 | meets the
professional standards established by the American | ||||||
23 | Institute of Real
Estate Appraisers (AIREA), the National | ||||||
24 | Association of Independent Fee
Appraisers (NAIFA), the | ||||||
25 | National Society of Real Estate Appraisers (NSREA)
or the | ||||||
26 | American Society of Appraisers (ASA) and
whose name is |
| |||||||
| |||||||
1 | submitted to the governing
commission by the appraiser to | ||||||
2 | conduct program appraisals
under the provisions of a program.
| ||||||
3 | (q) "Program guidelines" means those policies, rules, | ||||||
4 | regulations, and
bylaws established from time to time by the | ||||||
5 | governing commission to
explain, clarify, or modify the program | ||||||
6 | in order to fulfill its goals
and objectives.
| ||||||
7 | (r) "Qualified residence" means a building: (1) located in | ||||||
8 | the
territory of a program having at least one, but not more | ||||||
9 | than 6, dwelling
units; (2) classified by county ordinance as | ||||||
10 | residential and assessed for
property tax purposes; and (3) | ||||||
11 | with at least one dwelling unit continuously
occupied as the | ||||||
12 | principal legal residence of a member or family member.
| ||||||
13 | (s) "Registration date" means the date of receipt by the | ||||||
14 | governing
commission of the registration fee and a completed
| ||||||
15 | application of a qualified applicant for participation in a | ||||||
16 | program.
| ||||||
17 | (t) "Registration fee" means the fee which is established
| ||||||
18 | by the governing commission to defray the cost of a program | ||||||
19 | appraisal on a
qualified residence.
| ||||||
20 | (Source: P.A. 95-1047, eff. 4-6-09.)
| ||||||
21 | (65 ILCS 95/4) (from Ch. 24, par. 1604)
| ||||||
22 | Sec. 4. Creation of Commission. | ||||||
23 | (a) Whenever in a municipality with
more than 1,000,000 | ||||||
24 | inhabitants or an eligible municipality , the question of | ||||||
25 | creating a home equity
program within a contiguous territory |
| |||||||
| |||||||
1 | included entirely within
the municipality is initiated by | ||||||
2 | resolution or ordinance
of the corporate authorities of the | ||||||
3 | municipality or by a petition
signed by not less than 10% of | ||||||
4 | the total number of registered voters of
each precinct in the | ||||||
5 | territory, the registered voters of
which are eligible to sign | ||||||
6 | the petition, it shall be
the duty of the election authority | ||||||
7 | having jurisdiction over such
municipality to submit the | ||||||
8 | question of creating a home equity program to
the electors of | ||||||
9 | each precinct within
the territory at the regular election | ||||||
10 | specified in the resolution,
ordinance or petition initiating | ||||||
11 | the question. If the question is
initiated by petition and if | ||||||
12 | the requisite number of signatures is not
obtained in any | ||||||
13 | precinct included within the territory described in the
| ||||||
14 | petition, then the petition shall be valid as to the territory | ||||||
15 | encompassed by those
precincts for which the requisite number | ||||||
16 | of signatures is obtained and any
such precinct for which the | ||||||
17 | requisite number of signatures is not obtained
shall be | ||||||
18 | excluded from the territory. A petition initiating a
question | ||||||
19 | described in this Section shall be filed with the election
| ||||||
20 | authority having jurisdiction over the municipality. The | ||||||
21 | petition
shall be filed and objections thereto shall be made in | ||||||
22 | the manner provided
in the general election law. A resolution, | ||||||
23 | ordinance, or petition
initiating a question described in this | ||||||
24 | Section shall specify the election
at which the question is to | ||||||
25 | be submitted. The referendum on such question
shall be held in | ||||||
26 | accordance with general election law. Such
question, and the |
| |||||||
| |||||||
1 | resolution, ordinance, or petition initiating the
question, | ||||||
2 | shall include a description of the territory, the name of the
| ||||||
3 | proposed home equity program, and the maximum rate at which the | ||||||
4 | home
equity program shall be able to levy a property tax. All
| ||||||
5 | of that area within the geographic boundaries of the territory | ||||||
6 | described in
such question shall be included in the program, | ||||||
7 | and no area outside the
geographic boundaries of the territory | ||||||
8 | described in such question shall be
included in the program. If | ||||||
9 | the election authority determines that the
description cannot | ||||||
10 | be included within the space limitations of the ballot,
the | ||||||
11 | election authority shall prepare large printed copies of a | ||||||
12 | notice of
the question, which shall be prominently displayed in | ||||||
13 | the polling place of
each precinct in which the question is to | ||||||
14 | be submitted.
| ||||||
15 | Notwithstanding any other provision of law, on and after | ||||||
16 | the effective date of this amendatory Act of the 100th General | ||||||
17 | Assembly, a home equity program may also be created in an | ||||||
18 | eligible municipality. | ||||||
19 | Nothing in this amendatory Act of the 100th General | ||||||
20 | Assembly shall impair a home equity program under this Act in | ||||||
21 | existence on the effective date of this amendatory Act of the | ||||||
22 | 100th General Assembly. | ||||||
23 | (b) Whenever a majority of the voters on such public | ||||||
24 | question approve the
creation of a home equity program as | ||||||
25 | certified by the proper election
authorities, the mayor of the | ||||||
26 | municipality shall appoint, with the consent
of the corporate |
| |||||||
| |||||||
1 | authorities, 9 individuals, to be known as commissioners,
to | ||||||
2 | serve as the governing body of the home equity program. The | ||||||
3 | mayor
shall choose 7 of the 9 individuals to be appointed to | ||||||
4 | the governing
commission from nominees submitted by a community | ||||||
5 | organization or community
organizations as defined in this Act. | ||||||
6 | A community organization may
recommend up to 20 individuals to | ||||||
7 | serve on a governing commission.
| ||||||
8 | No fewer than 5 commissioners serving at any one time shall | ||||||
9 | reside
within the territory of the program.
| ||||||
10 | Upon creation of a governing commission, the terms of the | ||||||
11 | initial
commissioners shall be as follows: 3 shall serve
for | ||||||
12 | one year, 3 shall serve for 2 years, and 3 shall serve for 3
| ||||||
13 | years and until a successor is appointed and qualified. All
| ||||||
14 | succeeding terms shall be for 3 years, or until a successor is | ||||||
15 | appointed
or qualified.
Commissioners shall serve without | ||||||
16 | compensation except for reimbursement for
reasonable expenses | ||||||
17 | incurred in the performance of duties as a
commissioner. A | ||||||
18 | vacancy in the office of a member of a commission shall be
| ||||||
19 | filled in like manner as an original appointment.
| ||||||
20 | All proceedings and meetings of the governing commission | ||||||
21 | shall be
conducted in accordance with the provisions of the | ||||||
22 | Open Meetings Act,
as now or hereafter amended.
| ||||||
23 | (Source: P.A. 93-709, eff. 7-9-04.)
| ||||||
24 | (65 ILCS 95/4.2) (from Ch. 24, par. 1604.2)
| ||||||
25 | Sec. 4.2. Merger of Programs. |
| |||||||
| |||||||
1 | (a) Whenever in a municipality with
more than 1,000,000 | ||||||
2 | inhabitants or an eligible municipality , the question of | ||||||
3 | merging 2 existing and
contiguous home equity programs within | ||||||
4 | the municipality is initiated by
resolution or ordinance of the | ||||||
5 | governing commissions of both programs
proposed to be merged or | ||||||
6 | by a petition signed by not less than 10% of the
total number | ||||||
7 | of registered voters of each program proposed to be merged,
the | ||||||
8 | registered voters of which are eligible to sign the petition, | ||||||
9 | it shall
be the duty of the election authority having | ||||||
10 | jurisdiction over such
municipality to submit the question of | ||||||
11 | merging the programs to the electors
of each program at the | ||||||
12 | regular election specified in the resolution,
ordinance or | ||||||
13 | petition initiating the question. A petition initiating a
| ||||||
14 | question described in this Section shall be filed with the | ||||||
15 | election
authority having jurisdiction over the municipality. | ||||||
16 | The petition
shall be filed and objections thereto shall be | ||||||
17 | made in the manner provided
in the general election law. A | ||||||
18 | resolution, ordinance, or petition
initiating a question | ||||||
19 | described in this Section shall specify the election
at which | ||||||
20 | the question is to be submitted. The referendum on such | ||||||
21 | question
shall be held in accordance with general election law. | ||||||
22 | Such question, and
the resolution, ordinance, or petition | ||||||
23 | initiating the question, shall
include a description of the | ||||||
24 | territory of the 2 programs, the name of the
proposed merged | ||||||
25 | home equity program, and the maximum rate at which the
merged | ||||||
26 | home equity program shall be able to levy a property tax. All |
| |||||||
| |||||||
1 | of
that area within the geographic boundaries of the territory | ||||||
2 | of the 2
programs described in such question shall be included | ||||||
3 | in the merged
program, and no area outside the geographic | ||||||
4 | boundaries of the territory of
the 2 programs described in such | ||||||
5 | question shall be included in the merged
program. If the | ||||||
6 | election authority determines that the description cannot
be | ||||||
7 | included within the space limitations of the ballot, the | ||||||
8 | election
authority shall prepare large printed copies of a | ||||||
9 | notice of the question,
which shall be prominently displayed in | ||||||
10 | the polling place of each precinct
in which the question is to | ||||||
11 | be submitted.
| ||||||
12 | (b) Whenever a majority of the voters on such public | ||||||
13 | question in each
existing program approve the merger of home | ||||||
14 | equity programs as certified by
the proper election | ||||||
15 | authorities, the 9 commissioners of each of the merged
programs | ||||||
16 | shall serve as the 18 member governing body of the merged home | ||||||
17 | equity program.
| ||||||
18 | No fewer than 10 commissioners serving at any one time | ||||||
19 | shall reside
within the territory of the merged program.
| ||||||
20 | Upon creation of a merged program, a commissioner shall | ||||||
21 | serve for the
term for which he or she was appointed and until | ||||||
22 | a successor is appointed
and qualified. All succeeding terms | ||||||
23 | shall be for 3 years, or until a
successor is appointed and | ||||||
24 | qualified, and no commissioner may serve more
than 2 | ||||||
25 | consecutive terms. Commissioners shall serve without | ||||||
26 | compensation
except for reimbursement for reasonable expenses |
| |||||||
| |||||||
1 | incurred in the
performance of duties as a commissioner. A | ||||||
2 | vacancy in the office of a
member of the commission shall be | ||||||
3 | filled in like manner as an original appointment.
| ||||||
4 | All proceedings and meetings of the governing commission | ||||||
5 | shall be
conducted in accordance with the provisions of the | ||||||
6 | Open Meetings Act,
as now or hereafter amended.
| ||||||
7 | Upon creation of a merged program, the members of each of | ||||||
8 | the 2 programs
merged into the merged program shall be members | ||||||
9 | of the merged program, the
guarantee funds of each shall be | ||||||
10 | merged, and they shall be operated as a
single program.
| ||||||
11 | (Source: P.A. 86-684.)
| ||||||
12 | (65 ILCS 95/11) (from Ch. 24, par. 1611)
| ||||||
13 | Sec. 11. Guarantee Fund.
| ||||||
14 | (a) Each governing commission and program
created by | ||||||
15 | referendum under the provisions of this Act shall maintain a
| ||||||
16 | guarantee fund for the purposes of paying the costs of | ||||||
17 | administering the
program and extending protection to members | ||||||
18 | pursuant to the limitations and
procedures set forth in this | ||||||
19 | Act.
| ||||||
20 | (b) The guarantee fund shall be raised by means of an | ||||||
21 | annual tax levied
on all residential property within the | ||||||
22 | territory of the program having at
least one, but not more than | ||||||
23 | 6 dwelling units and classified by county
ordinance as | ||||||
24 | residential. The rate of this tax may be changed from year to
| ||||||
25 | year by majority vote of the governing commission but in no |
| |||||||
| |||||||
1 | case shall it
exceed a rate of 0.155% .12% of the equalized | ||||||
2 | assessed valuation of all property
in the territory of the | ||||||
3 | program having at least one, but not
more than 6 dwelling units | ||||||
4 | and classified by county ordinance as
residential, or the | ||||||
5 | maximum tax rate approved by the voters of the
territory at the | ||||||
6 | referendum which created the program
or, in the case of a | ||||||
7 | merged program, the maximum tax rate approved by
the voters at | ||||||
8 | the referendum authorizing the merger, whichever rate is
lower. | ||||||
9 | The commissioners shall cause the amount to be
raised by | ||||||
10 | taxation in each year to be certified to the county clerk in | ||||||
11 | the
manner provided by law, and any tax so levied and certified | ||||||
12 | shall be
collected and enforced in the same manner and by the | ||||||
13 | same officers as those
taxes for the purposes of the county and | ||||||
14 | city within which the territory of
the commission is located. | ||||||
15 | Any such tax, when collected, shall be paid
over to the proper | ||||||
16 | officer of the commission who is authorized to receive
and | ||||||
17 | receipt for such tax. The governing commission may issue tax
| ||||||
18 | anticipation warrants against the taxes to be assessed for the | ||||||
19 | calendar
year in which the program is created and for the first | ||||||
20 | full calendar year
after the creation of the program.
| ||||||
21 | (c) The moneys deposited in the guarantee fund shall, as | ||||||
22 | nearly as
practicable, be fully and continuously invested or | ||||||
23 | reinvested by the
governing commission in investment | ||||||
24 | obligations which shall be in such
amounts, and shall mature at | ||||||
25 | such times, that the maturity or date of
redemption at the | ||||||
26 | option of the holder of such investment obligations shall
|
| |||||||
| |||||||
1 | coincide, as nearly as practicable, with the times at which | ||||||
2 | monies will be
required for the purposes of the program. For | ||||||
3 | the purposes of this
Section investment obligation shall mean | ||||||
4 | direct general municipal, state,
or federal obligations which | ||||||
5 | at the time are legal investments under the
laws of this State | ||||||
6 | and the payment of principal of and interest on which
are | ||||||
7 | unconditionally guaranteed by the governing body issuing them.
| ||||||
8 | (d) Except as permitted by this subsection and subsection | ||||||
9 | (d-5),
the guarantee fund shall be used solely and exclusively | ||||||
10 | for the
purpose of providing guarantees to members of the | ||||||
11 | particular Guaranteed
Home Equity Program and for reasonable | ||||||
12 | salaries, expenses, bills,
and fees incurred in administering | ||||||
13 | the program, and shall be used for no other
purpose.
| ||||||
14 | An eligible municipality with a home equity program shall | ||||||
15 | have no less than $1,000,000 in its guarantee fund. A governing | ||||||
16 | commission, with no less than $1,000,000 $4,000,000 in its | ||||||
17 | guarantee
fund,
may, if authorized (i) by referendum duly | ||||||
18 | adopted by a majority of the voters or (ii) by resolution of | ||||||
19 | the governing commission upon approval by two-thirds of the | ||||||
20 | commissioners,
establish a Low
Interest
Home Improvement Loan | ||||||
21 | Program in accordance with and subject to procedures
| ||||||
22 | established by a financial institution, as defined in the | ||||||
23 | Illinois Banking Act.
Whenever
the question of creating a Low | ||||||
24 | Interest Home Improvement Loan Program is
initiated by
| ||||||
25 | resolution or ordinance of the corporate authorities of the | ||||||
26 | municipality or by
a petition
signed by not less than 10% of |
| |||||||
| |||||||
1 | the total number of registered voters of each
precinct in
the | ||||||
2 | territory, the registered voters of which are eligible to sign | ||||||
3 | the
petition, it shall be the
duty of the election authority | ||||||
4 | having jurisdiction over the municipality to
submit the
| ||||||
5 | question of creating the program to the electors of each | ||||||
6 | precinct within the
territory at
the regular election specified | ||||||
7 | in the resolution, ordinance, or petition
initiating the
| ||||||
8 | question. A petition initiating a question described in this | ||||||
9 | subsection shall
be filed with
the election authority having | ||||||
10 | jurisdiction over the municipality. The petition
shall be filed
| ||||||
11 | and objections to the petition shall be made in the manner | ||||||
12 | provided in the
Election Code.
A resolution, ordinance, or | ||||||
13 | petition initiating a question described in this
subsection | ||||||
14 | shall
specify the election at which the question is to be | ||||||
15 | submitted. The referendum
on the
question shall be held in | ||||||
16 | accordance with the Election Code. The question
shall be in | ||||||
17 | substantially the
following form:
| ||||||
18 | "Shall the (name of the home equity program) implement | ||||||
19 | a Low Interest Home
Improvement Loan Program with money | ||||||
20 | from the guarantee fund of the established
guaranteed home | ||||||
21 | equity program?"
| ||||||
22 | The votes must be recorded as "Yes" or "No".
| ||||||
23 | Whenever a majority of the voters on the public question | ||||||
24 | approve the
creation of
the program as certified by the proper | ||||||
25 | election authorities or a resolution of the governing | ||||||
26 | commission is approved by a two-thirds majority, the commission
|
| |||||||
| |||||||
1 | shall
establish the program and administer the program with | ||||||
2 | funds collected under the
Guaranteed Home Equity
Program, | ||||||
3 | subject to the following conditions:
| ||||||
4 | (1) At any given time, the cumulative total of all | ||||||
5 | loans and loan
guarantees
(if applicable) issued under this | ||||||
6 | program may not reduce the balance of the
guarantee
fund to | ||||||
7 | less than $3,000,000.
| ||||||
8 | (2) Only eligible applicants may apply for a
loan.
| ||||||
9 | (3) The loan must be used for the repair, maintenance, | ||||||
10 | remodeling,
alteration, or improvement of a guaranteed | ||||||
11 | residence. This condition is intended to include the repair | ||||||
12 | or maintenance of a guaranteed residence's water and sewer | ||||||
13 | pipes and repair of a guaranteed residence, including but | ||||||
14 | not limited to basement repairs, following flooding damage | ||||||
15 | to the property. This condition is not
intended to exclude | ||||||
16 | the repair, maintenance, remodeling, alteration, or
| ||||||
17 | improvement of a guaranteed residence's landscape. This | ||||||
18 | condition is intended
to exclude the demolition of a | ||||||
19 | current residence. This condition is also
intended to | ||||||
20 | exclude
the construction of a new residence.
| ||||||
21 | (4) An eligible applicant may not borrow more than the | ||||||
22 | amount of equity
value in his or her residence.
| ||||||
23 | (5) A commission must ensure that loans issued are | ||||||
24 | secured with
collateral that is at least equal to the | ||||||
25 | amount of the loan or loan guarantee.
| ||||||
26 | (6) A commission shall charge an interest rate which it |
| |||||||
| |||||||
1 | determines to be
below the market rate of interest | ||||||
2 | generally available to the applicant.
| ||||||
3 | (7) A commission may, by resolution, establish other | ||||||
4 | administrative
rules and procedures as are necessary to | ||||||
5 | implement this program including, but
not limited to, loan | ||||||
6 | dollar amounts and terms. A commission may also impose
on | ||||||
7 | loan applicants a one-time application fee for the purpose | ||||||
8 | of defraying the
costs of administering the program.
| ||||||
9 | (d-5) A governing commission, with no less than $4,000,000 | ||||||
10 | in its guarantee fund, may, if authorized by referendum duly | ||||||
11 | adopted by a majority of the voters, establish a Foreclosure | ||||||
12 | Prevention Loan Fund to provide low interest emergency loans to | ||||||
13 | eligible applicants that may be forced into foreclosure | ||||||
14 | proceedings. | ||||||
15 | Whenever the question of creating a Foreclosure Prevention | ||||||
16 | Loan Fund is initiated by resolution or ordinance of the | ||||||
17 | corporate authorities of the municipality or by a petition | ||||||
18 | signed by not less than 10% of the total number of registered | ||||||
19 | voters of each precinct in the territory, the registered voters | ||||||
20 | of which are eligible to sign the petition, it shall be the | ||||||
21 | duty of the election authority having jurisdiction over the | ||||||
22 | municipality to submit the question of creating the program to | ||||||
23 | the electors of each precinct within the territory at the | ||||||
24 | regular election specified in the resolution, ordinance, or | ||||||
25 | petition initiating the question. A petition initiating a | ||||||
26 | question described in this subsection shall be filed with the |
| |||||||
| |||||||
1 | election authority having jurisdiction over the municipality. | ||||||
2 | The petition shall be filed and objections to the petition | ||||||
3 | shall be made in the manner provided in the Election Code. A | ||||||
4 | resolution, ordinance, or petition initiating a question | ||||||
5 | described in this subsection shall specify the election at | ||||||
6 | which the question is to be submitted. The referendum on the | ||||||
7 | question shall be held in accordance with the Election Code. | ||||||
8 | The question shall be in substantially the following form: | ||||||
9 | "Shall the (name of the home equity program) implement a | ||||||
10 | Foreclosure Prevention Loan Fund with money from the guarantee | ||||||
11 | fund of the established guaranteed home equity program?" | ||||||
12 | The votes must be recorded as "Yes" or "No". | ||||||
13 | Whenever a majority of the voters on the public question | ||||||
14 | approve the creation of a Foreclosure Prevention Loan Fund as | ||||||
15 | certified by the proper election authorities, the commission | ||||||
16 | shall establish the program and administer the program with | ||||||
17 | funds collected under the Guaranteed Home Equity Program, | ||||||
18 | subject to the following conditions: | ||||||
19 | (1) At any given time, the cumulative total of all | ||||||
20 | loans and loan guarantees (if applicable) issued under this | ||||||
21 | program may not exceed $3,000,000. | ||||||
22 | (2) Only eligible applicants may apply for a loan. The | ||||||
23 | Commission may establish, by resolution, additional | ||||||
24 | criteria for eligibility. | ||||||
25 | (3) The loan must be used to assist with preventing | ||||||
26 | foreclosure proceedings. |
| |||||||
| |||||||
1 | (4) An eligible applicant may not borrow more than the | ||||||
2 | amount of equity value in his or her residence. | ||||||
3 | (5) A commission must ensure that loans issued are | ||||||
4 | secured as a second lien on the property. | ||||||
5 | (6) A commission shall charge an interest rate which it | ||||||
6 | determines to be below the market rate of interest | ||||||
7 | generally available to the applicant. | ||||||
8 | (7) A commission may, by resolution, establish other | ||||||
9 | administrative rules and procedures as are necessary to | ||||||
10 | implement this program including, but not limited to, | ||||||
11 | eligibility requirements for eligible applicants, loan | ||||||
12 | dollar amounts, and loan terms. | ||||||
13 | (8) A commission may also impose on loan applicants a | ||||||
14 | one-time application fee for the purpose of defraying the | ||||||
15 | costs of administering the program. | ||||||
16 | (e) The guarantee fund shall be maintained, invested, and | ||||||
17 | expended
exclusively by the governing commission of the program | ||||||
18 | for whose purposes
it was created. Under no circumstance shall | ||||||
19 | the guarantee fund be used by
any person or persons, | ||||||
20 | governmental body, or public or private agency or
concern other | ||||||
21 | than the governing commission of the program for whose
purposes | ||||||
22 | it was created. Under no circumstances shall the guarantee fund | ||||||
23 | be
commingled with other funds or investments.
| ||||||
24 | (e-1) No commissioner or family member of a commissioner, | ||||||
25 | or employee or
family member of an employee, may receive any
| ||||||
26 | financial benefit, either directly or indirectly, from the |
| |||||||
| |||||||
1 | guarantee fund.
Nothing in this subsection (e-1) shall be | ||||||
2 | construed to prohibit payment of
expenses to a commissioner in | ||||||
3 | accordance with Section 4 or payment of salaries
or expenses to | ||||||
4 | an employee in accordance with this Section.
| ||||||
5 | As used in this subsection (e-1), "family member" means a | ||||||
6 | spouse, child,
stepchild, parent, brother, or sister of a | ||||||
7 | commissioner or a child, stepchild,
parent, brother, or sister | ||||||
8 | of a commissioner's spouse.
| ||||||
9 | (f) An independent audit of the guarantee fund and the | ||||||
10 | management of the
program shall be conducted annually and made | ||||||
11 | available to the public
through any office of the governing | ||||||
12 | commission or a public facility such as
a local public library | ||||||
13 | located within the territory of the program.
| ||||||
14 | (Source: P.A. 98-1160, eff. 6-1-15; 99-37, eff. 1-1-16 .)".
|