Full Text of HB5011 96th General Assembly
HB5011 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5011
Introduced 1/21/2010, by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
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30 ILCS 115/2 |
from Ch. 85, par. 612 |
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Amends the State Revenue Sharing Act. In provisions concerning the allocation among municipalities and counties, provides that when territory has been annexed to or disconnected from a municipality, the clerk of the municipality must notify the Department of Revenue of the number of residents in the territory based on census data and also provide other information. Applies to annexations and disconnections after January 1, 2007. Thereafter, requires adjustment of the monthly allocations to reflect the changes in the number of residents. Contains other provisions. Effective July 1, 2010.
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A BILL FOR
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HB5011 |
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LRB096 18267 RCE 33642 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Revenue Sharing Act is amended by | 5 |
| 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. | 8 |
| (a) As soon as may be after the
first day of each month, | 9 |
| the Department of Revenue shall allocate among the
several | 10 |
| municipalities and counties of this State the amount available | 11 |
| in
the Local Government Distributive Fund and in the Income Tax | 12 |
| Surcharge
Local Government Distributive Fund, determined as | 13 |
| provided in Sections 1
and 1a above. Except as provided in | 14 |
| Sections 13 and 13.1 of this Act, the
Department shall then | 15 |
| certify such allocations to the State Comptroller,
who shall | 16 |
| pay over to the several municipalities and
counties the | 17 |
| respective amounts allocated to them. The amount of such
Funds | 18 |
| allocable to each such municipality and county shall be in
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| proportion to the number of individual residents of such | 20 |
| municipality or
county to the total population of the State, | 21 |
| determined in each case on
the basis of the latest census of | 22 |
| the State, municipality or county
conducted by the Federal | 23 |
| government and certified by the Secretary of
State and for |
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HB5011 |
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LRB096 18267 RCE 33642 b |
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| annexations to municipalities, the latest Federal, State
or | 2 |
| municipal census of the annexed area which has been certified | 3 |
| by the
Department of Revenue. Allocations to the City of | 4 |
| Chicago under this Section
are subject to Section 6 of the | 5 |
| Hotel Operators' Occupation Tax Act. For the
purpose of this | 6 |
| Section,
the number of individual residents of a county shall | 7 |
| be reduced by the
number of individuals residing therein in | 8 |
| municipalities, but the number
of individual residents of the | 9 |
| State, county and municipality shall
reflect the latest census | 10 |
| of any of them. The amounts transferred into the
Local | 11 |
| Government Distributive Fund pursuant to Section 9 of the Use | 12 |
| Tax
Act, Section 9 of the Service Use Tax Act, Section 9 of the | 13 |
| Service
Occupation Tax Act, and Section 3 of the Retailers' | 14 |
| Occupation Tax Act,
each as now or hereafter amended, pursuant | 15 |
| to the amendments of such
Sections by Public Act 85-1135, shall | 16 |
| be distributed as provided in said
Sections.
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| (b) It is the intent of the General Assembly that | 18 |
| allocations made under this Section shall be made in a fair and | 19 |
| equitable manner. Accordingly, the clerk of any municipality to | 20 |
| which territory has been annexed, or from which territory has | 21 |
| been disconnected, shall notify the Department of Revenue in | 22 |
| writing of that annexation or disconnection and shall (1) state | 23 |
| the number of residents within the territory that was annexed | 24 |
| or disconnected, based on the last census conducted by the | 25 |
| federal government and certified by the Illinois Secretary of | 26 |
| State, and (2) furnish therewith a certified copy of the plat |
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HB5011 |
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LRB096 18267 RCE 33642 b |
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| of annexation or, in the case of disconnection, the ordinance, | 2 |
| final judgment, or resolution of disconnection together with an | 3 |
| accurate depiction of the territory disconnected. That written | 4 |
| notice shall be provided to the Department of Revenue (1) | 5 |
| within 30 days after the effective date of this amendatory Act | 6 |
| of the 96th General Assembly for disconnections occurring after | 7 |
| January 1, 2007 and before the effective date of this | 8 |
| amendatory Act of the 96th General Assembly or (2) within 30 | 9 |
| days after the annexation or disconnection for annexations or | 10 |
| disconnections occurring on or after the effective date of this | 11 |
| amendatory Act of the 96th General Assembly. For purposes of | 12 |
| this Section, a disconnection or annexation through court order | 13 |
| is deemed to be effective 30 days after the entry of a final | 14 |
| judgment order, unless stayed pending appeal. Thereafter, the | 15 |
| monthly allocation made to the municipality and to any other | 16 |
| municipality or county affected by the annexation or | 17 |
| disconnection shall be adjusted in accordance with this Section | 18 |
| to reflect the change in residency of the residents of the | 19 |
| territory that was annexed or disconnected. That adjusted | 20 |
| allocation becomes effective immediately upon the annexation | 21 |
| or disconnection. | 22 |
| (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, | 24 |
| 2010.
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