Full Text of HB5011 96th General Assembly
HB5011eng 96TH GENERAL ASSEMBLY
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HB5011 Engrossed |
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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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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, State, or municipal government and certified by the | 26 |
| Illinois Secretary of State, and (2) furnish therewith a |
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LRB096 18267 RCE 33642 b |
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| certified copy of the plat of annexation or, in the case of | 2 |
| disconnection, the ordinance, final judgment, or resolution of | 3 |
| disconnection together with an accurate depiction of the | 4 |
| territory disconnected. The county in which the annexed or | 5 |
| disconnected territory is located shall verify that the number | 6 |
| of residents stated on the written notice that is to be sent to | 7 |
| the Department of Revenue is true and accurate. The verified | 8 |
| statement of the county shall accompany the written notice. | 9 |
| However, if the county does not respond to the municipality's | 10 |
| request for verification within 30 days, this verification | 11 |
| requirement shall be waived. The written notice shall be | 12 |
| provided to the Department of Revenue (1) within 30 days after | 13 |
| the effective date of this amendatory Act of the 96th General | 14 |
| Assembly for disconnections occurring after January 1, 2007 and | 15 |
| before the effective date of this amendatory Act of the 96th | 16 |
| General Assembly or (2) within 30 days after the annexation or | 17 |
| disconnection for annexations or disconnections occurring on | 18 |
| or after the effective date of this amendatory Act of the 96th | 19 |
| General Assembly. For purposes of this Section, a disconnection | 20 |
| or annexation through court order is deemed to be effective 30 | 21 |
| days after the entry of a final judgment order, unless stayed | 22 |
| pending appeal. Thereafter, the monthly allocation made to the | 23 |
| municipality and to any other municipality or county affected | 24 |
| by the annexation or disconnection shall be adjusted in | 25 |
| accordance with this Section to reflect the change in residency | 26 |
| of the residents of the territory that was annexed or |
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| disconnected. The adjustment shall be made no later than 30 | 2 |
| days after the Department of Revenue's receipt of the written | 3 |
| notice of annexation or disconnection described in this | 4 |
| Section. | 5 |
| (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, | 7 |
| 2010.
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