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Revenue & Finance Committee
Filed: 3/11/2010
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09600HB5011ham001 |
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LRB096 18267 RCE 37540 a |
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| AMENDMENT TO HOUSE BILL 5011
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| AMENDMENT NO. ______. Amend House Bill 5011 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The State Revenue Sharing Act is amended by |
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| changing Section 2 as follows:
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| (30 ILCS 115/2) (from Ch. 85, par. 612)
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| Sec. 2. Allocation and Disbursement. |
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| (a) As soon as may be after the
first day of each month, |
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| the Department of Revenue shall allocate among the
several |
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| municipalities and counties of this State the amount available |
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| in
the Local Government Distributive Fund and in the Income Tax |
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| Surcharge
Local Government Distributive Fund, determined as |
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| provided in Sections 1
and 1a above. Except as provided in |
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| Sections 13 and 13.1 of this Act, the
Department shall then |
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| certify such allocations to the State Comptroller,
who shall |
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| pay over to the several municipalities and
counties the |
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LRB096 18267 RCE 37540 a |
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| respective amounts allocated to them. The amount of such
Funds |
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| allocable to each such municipality and county shall be in
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| proportion to the number of individual residents of such |
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| municipality or
county to the total population of the State, |
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| determined in each case on
the basis of the latest census of |
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| the State, municipality or county
conducted by the Federal |
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| government and certified by the Secretary of
State and for |
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| annexations to municipalities, the latest Federal, State
or |
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| municipal census of the annexed area which has been certified |
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| by the
Department of Revenue. Allocations to the City of |
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| Chicago under this Section
are subject to Section 6 of the |
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| Hotel Operators' Occupation Tax Act. For the
purpose of this |
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| Section,
the number of individual residents of a county shall |
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| be reduced by the
number of individuals residing therein in |
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| municipalities, but the number
of individual residents of the |
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| State, county and municipality shall
reflect the latest census |
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| of any of them. The amounts transferred into the
Local |
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| Government Distributive Fund pursuant to Section 9 of the Use |
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| Tax
Act, Section 9 of the Service Use Tax Act, Section 9 of the |
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| Service
Occupation Tax Act, and Section 3 of the Retailers' |
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| Occupation Tax Act,
each as now or hereafter amended, pursuant |
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| to the amendments of such
Sections by Public Act 85-1135, shall |
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| be distributed as provided in said
Sections.
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| (b) It is the intent of the General Assembly that |
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| allocations made under this Section shall be made in a fair and |
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| equitable manner. Accordingly, the clerk of any municipality to |
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LRB096 18267 RCE 37540 a |
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| which territory has been annexed, or from which territory has |
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| been disconnected, shall notify the Department of Revenue in |
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| writing of that annexation or disconnection and shall (1) state |
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| the number of residents within the territory that was annexed |
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| or disconnected, based on the last census conducted by the |
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| federal, State, or municipal government and certified by the |
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| Illinois Secretary of State, and (2) furnish therewith a |
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| certified copy of the plat of annexation or, in the case of |
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| disconnection, the ordinance, final judgment, or resolution of |
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| disconnection together with an accurate depiction of the |
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| territory disconnected. The county in which the annexed or |
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| disconnected territory is located shall verify that the number |
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| of residents stated on the written notice that is to be sent to |
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| the Department of Revenue is true and accurate. The verified |
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| statement of the county shall accompany the written notice. |
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| However, if the county does not respond to the municipality's |
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| request for verification within 30 days, this verification |
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| requirement shall be waived. The written notice shall be |
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| provided to the Department of Revenue (1) within 30 days after |
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| the effective date of this amendatory Act of the 96th General |
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| Assembly for disconnections occurring after January 1, 2007 and |
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| before the effective date of this amendatory Act of the 96th |
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| General Assembly or (2) within 30 days after the annexation or |
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| disconnection for annexations or disconnections occurring on |
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| or after the effective date of this amendatory Act of the 96th |
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| General Assembly. For purposes of this Section, a disconnection |
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LRB096 18267 RCE 37540 a |
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| or annexation through court order is deemed to be effective 30 |
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| days after the entry of a final judgment order, unless stayed |
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| pending appeal. Thereafter, the monthly allocation made to the |
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| municipality and to any other municipality or county affected |
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| by the annexation or disconnection shall be adjusted in |
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| accordance with this Section to reflect the change in residency |
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| of the residents of the territory that was annexed or |
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| disconnected. The adjustment shall be made no later than 30 |
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| days after the Department of Revenue's receipt of the written |
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| notice of annexation or disconnection described in this |
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| Section. |
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| (Source: P.A. 91-51, eff. 6-30-99; 91-935, eff. 6-1-01.)
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2010".
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