Full Text of SB0918 99th General Assembly
SB0918sam001 99TH GENERAL ASSEMBLY | Sen. William E. Brady Filed: 4/16/2015
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| 1 | | AMENDMENT TO SENATE BILL 918
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 918 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Emergency Management Agency Act is | 5 | | amended by adding Section 9.5 as follows: | 6 | | (20 ILCS 3305/9.5 new) | 7 | | Sec. 9.5. Local Government Distributive Fund; Income Tax | 8 | | Surcharge
Local Government Distributive Fund. | 9 | | (a) Notwithstanding any other provision of law, eligible | 10 | | applicants may apply to the Illinois Emergency Management | 11 | | Agency to receive distributions from the Local Government | 12 | | Distributive Fund as provided in subsection (c) of Section 2 of | 13 | | the State Revenue Sharing Act. Those distributions shall be | 14 | | used to reimburse the eligible applicant for eligible costs | 15 | | incurred as a result of a disaster when the Federal Emergency | 16 | | Management Agency has denied a request for financial assistance |
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| 1 | | for that eligible applicant. Upon approval of an application, | 2 | | the Director of the Illinois Emergency Management Agency shall | 3 | | certify the amount of the distributions to the Department of | 4 | | Revenue for payment in accordance with subsection (c) of | 5 | | Section 2 of the State Revenue Sharing Act. Eligible applicants | 6 | | shall provide the Illinois Emergency Management Agency with any | 7 | | information the Illinois Emergency Management Agency may | 8 | | reasonably require with respect to those eligible costs. | 9 | | (b) As used in this Section: | 10 | | "Eligible applicant" means: (1) a county that has been | 11 | | designated as a disaster area by the Governor of the State of | 12 | | Illinois and (A) has eligible costs of at least $100 per capita | 13 | | or (B) has eligible costs that meet or exceed the county per | 14 | | capita threshold set forth by the Federal Emergency Management | 15 | | Agency if the statewide total of eligible costs associated with | 16 | | the disaster is at least $5,000,000; (2) a township, | 17 | | municipality, school district, or special district located | 18 | | within such a county; or (3) a municipality that does not | 19 | | qualify under item (1) or (2) that has eligible costs of at | 20 | | least $100 per capita. | 21 | | "Eligible costs" means costs associated with any of the | 22 | | following: | 23 | | (1) debris removal, including clearance of trees and | 24 | | woody debris, building wreckage, damaged or destroyed | 25 | | building contents, sand, mud, silt, gravel, vehicles, and | 26 | | other disaster-related material deposited on public land; |
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| 1 | | (2) emergency protective measures taken before, | 2 | | during, or after the disaster to eliminate or reduce an | 3 | | immediate threat to life, public health, or safety, or to | 4 | | eliminate or reduce an immediate threat of significant | 5 | | damage to improved public or private property through cost | 6 | | effective measures; | 7 | | (3) restoration of roads, bridges, and associated | 8 | | features, such as shoulders, culverts, lighting, and | 9 | | signs; | 10 | | (4) restoration of water control facilities, including | 11 | | drainage channels, pumping facilities, and irrigation | 12 | | facilities; this item (4) does not apply to water control | 13 | | facilities under the authority of a federal agency; | 14 | | (5) restoration or replacement of heavy equipment, | 15 | | vehicles, and buildings, including the contents and | 16 | | systems of the buildings; | 17 | | (6) restoration of water treatment and delivery | 18 | | systems, power generation facilities, and distribution | 19 | | facilities, sewage collection and treatment facilities, | 20 | | and communications; or | 21 | | (7) restoration of parks, playgrounds, pools, | 22 | | cemeteries, mass transit facilities, and beaches. | 23 | | Snow removal costs are not considered "eligible costs". | 24 | | Section 10. The State Revenue Sharing Act is amended by | 25 | | changing Section 2 as follows:
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| 1 | | (30 ILCS 115/2) (from Ch. 85, par. 612)
| 2 | | Sec. 2. Allocation and Disbursement. | 3 | | (a) As soon as may be after the
first day of each month, | 4 | | the Department of Revenue shall allocate among the
several | 5 | | municipalities and counties of this State the amount available | 6 | | in
the Local Government Distributive Fund and in the Income Tax | 7 | | Surcharge
Local Government Distributive Fund, determined as | 8 | | provided in Sections 1
and 1a above. Except as provided in | 9 | | Sections 13 and 13.1 of this Act, the
Department shall then | 10 | | certify such allocations to the State Comptroller,
who shall | 11 | | pay over to the several municipalities and
counties the | 12 | | respective amounts allocated to them. Except as provided in | 13 | | subsection (c), the The amount of such
Funds allocable to each | 14 | | such municipality and county shall be in
proportion to the | 15 | | number of individual residents of such municipality or
county | 16 | | to the total population of the State, determined in each case | 17 | | on
the basis of the latest census of the State, municipality or | 18 | | county
conducted by the Federal government and certified by the | 19 | | Secretary of
State and for annexations to municipalities, the | 20 | | latest Federal, State
or municipal census of the annexed area | 21 | | which has been certified by the
Department of Revenue. | 22 | | Allocations to the City of Chicago under this Section
are | 23 | | subject to Section 6 of the Hotel Operators' Occupation Tax | 24 | | Act. For the
purpose of this Section,
the number of individual | 25 | | residents of a county shall be reduced by the
number of |
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| 1 | | individuals residing therein in municipalities, but the number
| 2 | | of individual residents of the State, county and municipality | 3 | | shall
reflect the latest census of any of them. The amounts | 4 | | transferred into the
Local Government Distributive Fund | 5 | | pursuant to Section 9 of the Use Tax
Act, Section 9 of the | 6 | | Service Use Tax Act, Section 9 of the Service
Occupation Tax | 7 | | Act, and Section 3 of the Retailers' Occupation Tax Act,
each | 8 | | as now or hereafter amended, pursuant to the amendments of such
| 9 | | Sections by Public Act 85-1135, shall be distributed as | 10 | | provided in said
Sections.
| 11 | | (b) It is the intent of the General Assembly that | 12 | | allocations made under this Section shall be made in a fair and | 13 | | equitable manner. Accordingly, the clerk of any municipality to | 14 | | which territory has been annexed, or from which territory has | 15 | | been disconnected, shall notify the Department of Revenue in | 16 | | writing of that annexation or disconnection and shall (1) state | 17 | | the number of residents within the territory that was annexed | 18 | | or disconnected, based on the last census conducted by the | 19 | | federal, State, or municipal government and certified by the | 20 | | Illinois Secretary of State, and (2) furnish therewith a | 21 | | certified copy of the plat of annexation or, in the case of | 22 | | disconnection, the ordinance, final judgment, or resolution of | 23 | | disconnection together with an accurate depiction of the | 24 | | territory disconnected. The county in which the annexed or | 25 | | disconnected territory is located shall verify that the number | 26 | | of residents stated on the written notice that is to be sent to |
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| 1 | | the Department of Revenue is true and accurate. The verified | 2 | | statement of the county shall accompany the written notice. | 3 | | However, if the county does not respond to the municipality's | 4 | | request for verification within 30 days, this verification | 5 | | requirement shall be waived. The written notice shall be | 6 | | provided to the Department of Revenue (1) within 30 days after | 7 | | the effective date of this amendatory Act of the 96th General | 8 | | Assembly for disconnections occurring after January 1, 2007 and | 9 | | before the effective date of this amendatory Act of the 96th | 10 | | General Assembly or (2) within 30 days after the annexation or | 11 | | disconnection for annexations or disconnections occurring on | 12 | | or after the effective date of this amendatory Act of the 96th | 13 | | General Assembly. For purposes of this Section, a disconnection | 14 | | or annexation through court order is deemed to be effective 30 | 15 | | days after the entry of a final judgment order, unless stayed | 16 | | pending appeal. Thereafter, the monthly allocation made to the | 17 | | municipality and to any other municipality or county affected | 18 | | by the annexation or disconnection shall be adjusted in | 19 | | accordance with this Section to reflect the change in residency | 20 | | of the residents of the territory that was annexed or | 21 | | disconnected. The adjustment shall be made no later than 30 | 22 | | days after the Department of Revenue's receipt of the written | 23 | | notice of annexation or disconnection described in this | 24 | | Section. | 25 | | (c) Notwithstanding any other provision of law, upon | 26 | | certification by the Director of the Illinois Emergency |
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| 1 | | Management Agency, moneys in the Local Government Distributive | 2 | | Fund shall also be used for the purpose of reimbursing eligible | 3 | | applicants for eligible costs incurred as a result of a | 4 | | disaster. Beginning with the first distribution to occur after | 5 | | the Department of Revenue receives a certification from the | 6 | | Director of the Illinois Emergency Management Agency under | 7 | | Section 9.5 of the Illinois Emergency Management Agency Act, | 8 | | the amount paid to each county and municipality under | 9 | | subsection (a) of this Section and Section 6z-17 of the State | 10 | | Finance Act, including amounts that would normally be paid | 11 | | directly into a designated escrow account under Section 13 of | 12 | | this Act, shall be reduced by an amount equal to the amount | 13 | | certified by the Director of the Illinois Emergency Management | 14 | | Agency multiplied by a fraction the numerator of which is the | 15 | | total amount that would otherwise be paid to that municipality | 16 | | or county from the Local Government Distributive Fund during | 17 | | that month and the denominator of which is the total amount | 18 | | available in that fund for distribution to counties and | 19 | | municipalities during that month. The amount paid to each | 20 | | eligible applicant shall then be increased by the amount shown | 21 | | in the certification from the Director of the Illinois | 22 | | Emergency Management Agency for that eligible applicant. If in | 23 | | any calendar month the amount certified by the Director of the | 24 | | Illinois Emergency Management Agency exceeds the amount | 25 | | available in the Local Government Distributive Fund for | 26 | | distribution to counties and municipalities, then the |
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| 1 | | reductions and increases under this subsection (c) shall | 2 | | continue in subsequent months until all certified amounts are | 3 | | paid. Payments shall be made to eligible applicants based on | 4 | | the order in which the applications are approved by the | 5 | | Illinois Emergency Management Agency. | 6 | | For the purposes of this subsection (c), the term | 7 | | "disaster" has the meaning ascribed to that term in Section 4 | 8 | | of the Illinois Emergency Management Agency Act, and the terms | 9 | | "eligible applicant" and "eligible costs" have the meanings | 10 | | ascribed to those terms in Section 9.5 of the Illinois | 11 | | Emergency Management Agency Act. | 12 | | (Source: P.A. 96-1040, eff. 7-14-10.)
| 13 | | Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.39 as follows: | 15 | | (30 ILCS 805/8.39 new) | 16 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 | | of this Act, no reimbursement by the State is required for the | 18 | | implementation of any mandate created by this amendatory Act of | 19 | | the 99th General Assembly.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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