Bill Text: IL HB1514 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Finance Act. Provides that moneys in the Local Government Tax Fund and the County and Mass Transit District Fund from the tax imposed under the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, or the Use Tax Act on a motor vehicle that is titled or registered in the State shall be distributed to the municipality where the motor vehicle is titled or registered or, if the motor vehicle is titled or registered in an unincorporated area of the county, to the county where the motor vehicle is titled or registered. Provides that, if the Illinois address for the motor vehicle for titling or registration purposes is given as being in a county with more than 3,000,000 inhabitants, then the money from the County and Mass Transit District Fund shall be distributed into the Regional Transportation Authority tax fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB1514 Detail]

Download: Illinois-2023-HB1514-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1514 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
30 ILCS 105/6z-18 from Ch. 127, par. 142z-18
30 ILCS 105/6z-20 from Ch. 127, par. 142z-20
Amends the State Finance Act. Provides that moneys in the Local Government Tax Fund and the County and Mass Transit District Fund from the tax imposed under the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, or the Use Tax Act on a motor vehicle that is titled or registered in the State shall be distributed to the municipality where the motor vehicle is titled or registered or, if the motor vehicle is titled or registered in an unincorporated area of the county, to the county where the motor vehicle is titled or registered. Provides that, if the Illinois address for the motor vehicle for titling or registration purposes is given as being in a county with more than 3,000,000 inhabitants, then the money from the County and Mass Transit District Fund shall be distributed into the Regional Transportation Authority tax fund.
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A BILL FOR
HB1514 LRB103 25686 HLH 52035 b
AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Sections 6z-18 and 6z-20 as follows:
(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
Sec. 6z-18. Local Government Tax Fund. A portion of the
money paid into the Local Government Tax Fund from sales of
tangible personal property taxed at the 1% rate under the
Retailers' Occupation Tax Act and the Service Occupation Tax
Act, which occurred in municipalities, shall be distributed to
each municipality based upon the sales which occurred in that
municipality. The remainder shall be distributed to each
county based upon the sales which occurred in the
unincorporated area of that county.
Moneys transferred from the Grocery Tax Replacement Fund
to the Local Government Tax Fund under Section 6z-130 shall be
treated under this Section in the same manner as if they had
been remitted with the return on which they were reported.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general use tax rate on the selling price
of tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or

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registered by any agency of this State's government shall be
distributed to municipalities as provided in this paragraph.
Each municipality shall receive the amount attributable to
sales for which Illinois addresses for titling or registration
purposes are given as being in such municipality. The
remainder of the money paid into the Local Government Tax Fund
from such sales shall be distributed to counties. Each county
shall receive the amount attributable to sales for which
Illinois addresses for titling or registration purposes are
given as being located in the unincorporated area of such
county.
Notwithstanding any other provision of law, moneys paid
into the Local Government Tax Fund on or after July 1, 2024
from the 6.25% general rate under the Retailers' Occupation
Tax Act, the Service Occupation Tax Act, the Service Use Tax
Act, or the Use Tax Act imposed on the selling price of a motor
vehicle that is titled or registered in this State shall be
distributed to municipalities and counties as follows:
(1) a municipality shall receive the amount
attributable to the sale or use of a motor vehicle if the
Illinois address given for that motor vehicle for titling
or registration purposes is in that municipality; and
(2) a county shall receive the amount attributable to
the sale or use of a motor vehicle if the Illinois address
given for that motor vehicle for titling or registration
purposes is in the unincorporated area of that county.

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A portion of the money paid into the Local Government Tax
Fund from the 6.25% general rate (and, beginning July 1, 2000
and through December 31, 2000, the 1.25% rate on motor fuel and
gasohol, and beginning on August 6, 2010 through August 15,
2010, and beginning again on August 5, 2022 through August 14,
2022, the 1.25% rate on sales tax holiday items) on sales
subject to taxation under the Retailers' Occupation Tax Act
and the Service Occupation Tax Act, which occurred in
municipalities, shall be distributed to each municipality,
based upon the sales which occurred in that municipality. The
remainder shall be distributed to each county, based upon the
sales which occurred in the unincorporated area of such
county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted
from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Whenever the Department determines that a refund of money
paid into the Local Government Tax Fund should be made to a
claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause

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the order to be drawn for the amount specified, and to the
person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the Local
Government Tax Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, to the STAR
Bonds Revenue Fund the local sales tax increment, as defined
in the Innovation Development and Economy Act, collected
during the second preceding calendar month for sales within a
STAR bond district and deposited into the Local Government Tax
Fund, less 3% of that amount, which shall be transferred into
the Tax Compliance and Administration Fund and shall be used
by the Department, subject to appropriation, to cover the
costs of the Department in administering the Innovation
Development and Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
and counties, the municipalities and counties to be those
entitled to distribution of taxes or penalties paid to the
Department during the second preceding calendar month. The
amount to be paid to each municipality or county shall be the
amount (not including credit memoranda) collected during the

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second preceding calendar month by the Department and paid
into the Local Government Tax Fund, plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department, and not
including any amount which the Department determines is
necessary to offset any amounts which are payable to a
different taxing body but were erroneously paid to the
municipality or county, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt, by the Comptroller, of the disbursement
certification to the municipalities and counties, provided for
in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn
for the respective amounts in accordance with the directions
contained in such certification.
When certifying the amount of monthly disbursement to a
municipality or county under this Section, the Department
shall increase or decrease that amount by an amount necessary
to offset any misallocation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within
the 6 months preceding the time a misallocation is discovered.
The provisions directing the distributions from the
special fund in the State treasury Treasury provided for in
this Section shall constitute an irrevocable and continuing

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appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized to make
distributions as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation, or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from
a county or municipal retailers' occupation tax, use tax or
service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the Local Government Tax Fund.
As soon as possible after March 8, 2013 (the effective
date of Public Act 98-3) this amendatory Act of the 98th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer $6,600,000 from the Local
Government Tax Fund to the Illinois State Medical Disciplinary
Fund.
(Source: P.A. 102-700, Article 60, Section 60-10, eff.
4-19-22; 102-700, Article 65, Section 65-15, eff. 4-19-22;
revised 6-2-22.)
(30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
Sec. 6z-20. County and Mass Transit District Fund. Of the
money received from the 6.25% general rate (and, beginning
July 1, 2000 and through December 31, 2000, the 1.25% rate on
motor fuel and gasohol, and beginning on August 6, 2010

HB1514 - 7 - LRB103 25686 HLH 52035 b
through August 15, 2010, and beginning again on August 5, 2022
through August 14, 2022, the 1.25% rate on sales tax holiday
items) on sales subject to taxation under the Retailers'
Occupation Tax Act and Service Occupation Tax Act and paid
into the County and Mass Transit District Fund, distribution
to the Regional Transportation Authority tax fund, created
pursuant to Section 4.03 of the Regional Transportation
Authority Act, for deposit therein shall be made based upon
the retail sales occurring in a county having more than
3,000,000 inhabitants. The remainder shall be distributed to
each county having 3,000,000 or fewer inhabitants based upon
the retail sales occurring in each such county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted
from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Of the money received from the 6.25% general use tax rate
on tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by any agency of this State's government and paid
into the County and Mass Transit District Fund, the amount for

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which Illinois addresses for titling or registration purposes
are given as being in each county having more than 3,000,000
inhabitants shall be distributed into the Regional
Transportation Authority tax fund, created pursuant to Section
4.03 of the Regional Transportation Authority Act. The
remainder of the money paid from such sales shall be
distributed to each county based on sales for which Illinois
addresses for titling or registration purposes are given as
being located in the county. Any money paid into the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund from the County and Mass Transit District Fund prior to
January 14, 1991, which has not been paid to the Authority
prior to that date, shall be transferred to the Regional
Transportation Authority tax fund.
Notwithstanding any other provision of law, moneys paid
into the County and Mass Transit District Fund on or after July
1, 2024 from the 6.25% general rate under the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the
Service Use Tax Act, or the Use Tax Act that is imposed on the
selling price of a motor vehicle that is titled or registered
in this State shall be distributed to municipalities and
counties as follows:
(1) if the Illinois address for the motor vehicle for
titling or registration purposes is given as being in a
county with more than 3,000,000 inhabitants, then the
money shall be distributed into the Regional

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Transportation Authority tax fund created under Section
4.03 of the Regional Transportation Authority Act;
(2) if the Illinois address for the motor vehicle for
titling or registration purposes is given as being in a
county with 3,000,000 inhabitants or less, then the
municipality shall receive the amount attributable to the
sale or use of the motor vehicle if the Illinois address
given for that motor vehicle for titling or registration
purposes is in that municipality; and
(3) if the Illinois address for the motor vehicle for
titling or registration purposes is given as being in a
county with 3,000,000 inhabitants or less, then the county
shall receive the amount attributable to the sale or use
of a motor vehicle if the Illinois address given for that
motor vehicle for titling or registration purposes is in
the unincorporated area of that county.
Whenever the Department determines that a refund of money
paid into the County and Mass Transit District Fund should be
made to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause
the order to be drawn for the amount specified, and to the
person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the County
and Mass Transit District Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the

HB1514 - 10 - LRB103 25686 HLH 52035 b
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, to the STAR
Bonds Revenue Fund the local sales tax increment, as defined
in the Innovation Development and Economy Act, collected
during the second preceding calendar month for sales within a
STAR bond district and deposited into the County and Mass
Transit District Fund, less 3% of that amount, which shall be
transferred into the Tax Compliance and Administration Fund
and shall be used by the Department, subject to appropriation,
to cover the costs of the Department in administering the
Innovation Development and Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Regional
Transportation Authority and to named counties, the counties
to be those entitled to distribution, as hereinabove provided,
of taxes or penalties paid to the Department during the second
preceding calendar month. The amount to be paid to the
Regional Transportation Authority and each county having
3,000,000 or fewer inhabitants shall be the amount (not
including credit memoranda) collected during the second
preceding calendar month by the Department and paid into the
County and Mass Transit District Fund, plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body, and not

HB1514 - 11 - LRB103 25686 HLH 52035 b
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department, and not
including any amount which the Department determines is
necessary to offset any amounts which were payable to a
different taxing body but were erroneously paid to the
Regional Transportation Authority or county, and not including
any amounts that are transferred to the STAR Bonds Revenue
Fund, less 1.5% of the amount to be paid to the Regional
Transportation Authority, which shall be transferred into the
Tax Compliance and Administration Fund. The Department, at the
time of each monthly disbursement to the Regional
Transportation Authority, shall prepare and certify to the
State Comptroller the amount to be transferred into the Tax
Compliance and Administration Fund under this Section. Within
10 days after receipt, by the Comptroller, of the disbursement
certification to the Regional Transportation Authority,
counties, and the Tax Compliance and Administration Fund
provided for in this Section to be given to the Comptroller by
the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification.
When certifying the amount of a monthly disbursement to
the Regional Transportation Authority or to a county under
this Section, the Department shall increase or decrease that
amount by an amount necessary to offset any misallocation of
previous disbursements. The offset amount shall be the amount

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erroneously disbursed within the 6 months preceding the time a
misallocation is discovered.
The provisions directing the distributions from the
special fund in the State Treasury provided for in this
Section and from the Regional Transportation Authority tax
fund created by Section 4.03 of the Regional Transportation
Authority Act shall constitute an irrevocable and continuing
appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized to make
distributions as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from
a county or municipal retailers' occupation tax, use tax or
service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the County and Mass Transit District Fund or Local Government
Distributive Fund, as the case may be.
(Source: P.A. 102-700, eff. 4-19-22.)