Full Text of SB1410 102nd General Assembly
SB1410sam001 102ND GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 4/8/2021
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| 1 | | AMENDMENT TO SENATE BILL 1410
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1410 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Revenue Sharing Act is amended by | 5 | | changing Section 2 and by adding Section 13.2 as follows:
| 6 | | (30 ILCS 115/2) (from Ch. 85, par. 612)
| 7 | | 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 | 12 | | Tax Surcharge
Local Government Distributive Fund, determined | 13 | | as provided in Sections 1
and 1a above. Except as provided in | 14 | | Sections 13 , and 13.1 , and 13.2 of this Act, the
Department | 15 | | shall then certify such allocations to the State Comptroller,
| 16 | | who shall pay over to the several municipalities and
counties |
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| 1 | | the respective amounts allocated to them. The amount of such
| 2 | | Funds allocable to each such municipality and county shall be | 3 | | in
proportion to the number of individual residents of such | 4 | | municipality or
county to the total population of the State, | 5 | | determined in each case on
the basis of the latest census of | 6 | | the State, municipality or county
conducted by the Federal | 7 | | government and certified by the Secretary of
State and for | 8 | | annexations to municipalities, the latest Federal, State
or | 9 | | municipal census of the annexed area which has been certified | 10 | | by the
Department of Revenue. Allocations to the City of | 11 | | Chicago under this Section
are subject to Section 6 of the | 12 | | Hotel Operators' Occupation Tax Act. For the
purpose of this | 13 | | Section,
the number of individual residents of a county shall | 14 | | be reduced by the
number of individuals residing therein in | 15 | | municipalities, but the number
of individual residents of the | 16 | | State, county and municipality shall
reflect the latest census | 17 | | of any of them. The amounts transferred into the
Local | 18 | | Government Distributive Fund pursuant to Section 9 of the Use | 19 | | Tax
Act, Section 9 of the Service Use Tax Act, Section 9 of the | 20 | | Service
Occupation Tax Act, and Section 3 of the Retailers' | 21 | | Occupation Tax Act,
each as now or hereafter amended, pursuant | 22 | | to the amendments of such
Sections by Public Act 85-1135, | 23 | | shall be distributed as provided in said
Sections.
| 24 | | (b) It is the intent of the General Assembly that | 25 | | allocations made under this Section shall be made in a fair and | 26 | | equitable manner. Accordingly, the clerk of any municipality |
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| 1 | | to which territory has been annexed, or from which territory | 2 | | has been disconnected, shall notify the Department of Revenue | 3 | | in writing of that annexation or disconnection and shall (1) | 4 | | state the number of residents within the territory that was | 5 | | annexed or disconnected, based on the last census conducted by | 6 | | the federal, State, or municipal government and certified by | 7 | | the Illinois Secretary of State, and (2) furnish therewith a | 8 | | certified copy of the plat of annexation or, in the case of | 9 | | disconnection, the ordinance, final judgment, or resolution of | 10 | | disconnection together with an accurate depiction of the | 11 | | territory disconnected. The county in which the annexed or | 12 | | disconnected territory is located shall verify that the number | 13 | | of residents stated on the written notice that is to be sent to | 14 | | the Department of Revenue is true and accurate. The verified | 15 | | statement of the county shall accompany the written notice. | 16 | | However, if the county does not respond to the municipality's | 17 | | request for verification within 30 days, this verification | 18 | | requirement shall be waived. The written notice shall be | 19 | | provided to the Department of Revenue (1) within 30 days after | 20 | | the effective date of this amendatory Act of the 96th General | 21 | | Assembly for disconnections occurring after January 1, 2007 | 22 | | and before the effective date of this amendatory Act of the | 23 | | 96th General Assembly or (2) within 30 days after the | 24 | | annexation or disconnection for annexations or disconnections | 25 | | occurring on or after the effective date of this amendatory | 26 | | Act of the 96th General Assembly. For purposes of this |
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| 1 | | Section, a disconnection or annexation through court order is | 2 | | deemed to be effective 30 days after the entry of a final | 3 | | judgment order, unless stayed pending appeal. Thereafter, the | 4 | | monthly allocation made to the municipality and to any other | 5 | | municipality or county affected by the annexation or | 6 | | disconnection shall be adjusted in accordance with this | 7 | | Section to reflect the change in residency of the residents of | 8 | | the territory that was annexed or disconnected. The adjustment | 9 | | shall be made no later than 30 days after the Department of | 10 | | Revenue's receipt of the written notice of annexation or | 11 | | disconnection described in this Section. | 12 | | (Source: P.A. 96-1040, eff. 7-14-10.)
| 13 | | (30 ILCS 115/13.2 new) | 14 | | Sec. 13.2. Amounts due to a fire protection district. A | 15 | | fire protection district may notify the Department of Revenue | 16 | | of amounts due to a fire protection district under subsection | 17 | | (f) of Section 20 of the Fire Protection District Act. Once | 18 | | notice is received by the Department from a fire protection | 19 | | district, the Department shall remit such amounts, up to the | 20 | | allocation that would have been distributed to the | 21 | | municipality, to the fire protection district under subsection | 22 | | (f) of Section 20 of the Fire Protection District Act. | 23 | | Section 10. The Fire Protection District Act is amended by | 24 | | changing Section 20 as follows:
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| 1 | | (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
| 2 | | Sec. 20. Disconnection by operation of law.
| 3 | | (a) Any territory within a fire protection district that | 4 | | is or
has been annexed to a city, village or incorporated town | 5 | | that provides
fire protection for property within such city, | 6 | | village or incorporated
town is, by operation of law, | 7 | | disconnected from the fire protection
district as of the | 8 | | January first after such territory is annexed to the
city, | 9 | | village or incorporated town, or in case any such territory | 10 | | has
been so annexed prior to the effective date of this | 11 | | amendatory Act of
1965, as of January 1, 1966.
| 12 | | (b) The disconnection by operation of law does
not occur | 13 | | if, within 60 days after such annexation or after the
| 14 | | effective date of this amendatory Act of 1965, whichever is | 15 | | later, the
fire protection district files with the appropriate | 16 | | court and with the
County Clerk of each county in which the | 17 | | fire protection
district is located, a petition
alleging that | 18 | | such disconnection will cause the territory remaining in
the | 19 | | district to be noncontiguous or that the loss of assessed | 20 | | valuation
by reason of such disconnection will impair the | 21 | | ability of the district
to render fully adequate fire | 22 | | protection service to the territory
remaining with the | 23 | | district. When such a petition is filed, with the
court and | 24 | | with the County Clerk of each county in which the fire
| 25 | | protection district is located, the court
shall set it for |
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| 1 | | hearing, and further proceedings shall be held, as
provided in | 2 | | Section 15 of this Act, except that the city, village or | 3 | | incorporated
town that annexed the territory shall be a | 4 | | necessary party to the proceedings,
and it shall be served | 5 | | with summons in the manner for a party defendant
under the | 6 | | Civil Practice Law. At such hearing, the district has
the | 7 | | burden of proving the truth of the allegations in its | 8 | | petition.
| 9 | | (c) If disconnection
does not occur, then the city, | 10 | | village or incorporated town in which part
of a fire | 11 | | protection district's territory is located, is prohibited from
| 12 | | levying the tax provided for by Section 11-7-1 of the | 13 | | "Illinois Municipal
Code" in such fire protection district | 14 | | territory for services provided to
the residents of such | 15 | | territory by the fire protection district.
| 16 | | (d) If
there are any general obligation bonds of the fire | 17 | | protection district
outstanding and unpaid at the time such | 18 | | territory is disconnected from
the fire protection district by | 19 | | operation of this Section, such
territory shall remain liable | 20 | | for its proportionate share of such bonded
indebtedness and | 21 | | the fire protection district may continue to levy and
extend | 22 | | taxes upon the taxable property in such territory for the | 23 | | purpose
of amortizing such bonds until such time as sufficient | 24 | | funds to retire
such bonds have been collected.
| 25 | | (e) On and after the effective date of this amendatory Act | 26 | | of
the 91st General Assembly, when territory is disconnected |
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| 1 | | from a fire
protection district under this Section, the | 2 | | annexing municipality shall pay, on
or before December 31 of | 3 | | each year for a period of 5 years after the effective
date of | 4 | | the
disconnection, to the fire
protection district from which | 5 | | the territory was disconnected, an amount as
follows:
| 6 | | (1) In the first year after the disconnection, an | 7 | | amount equal to the real
estate tax collected on the | 8 | | property in the disconnected territory by the fire
| 9 | | protection district in the tax year immediately preceding | 10 | | the year in which the
disconnection took effect.
| 11 | | (2) In the second year after the disconnection, an | 12 | | amount equal to 80% of
the real estate tax collected on the | 13 | | property in the disconnected territory by
the
fire | 14 | | protection district in the tax year immediately preceding | 15 | | the year in
which the
disconnection took effect.
| 16 | | (3) In the third year after the disconnection, an | 17 | | amount equal to 60% of
the
real estate tax collected on the | 18 | | property in the disconnected territory by the
fire
| 19 | | protection district in the tax year immediately preceding | 20 | | the year in which the
disconnection took effect.
| 21 | | (4) In the fourth year after the disconnection, an | 22 | | amount equal to 40% of
the real estate tax collected on the | 23 | | property in the disconnected territory by
the
fire | 24 | | protection district in the tax year immediately preceding | 25 | | the year in
which the
disconnection took effect.
| 26 | | (5) In the fifth year after the disconnection, an |
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| 1 | | amount equal to 20% of
the
real estate tax collected on the | 2 | | property in the disconnected territory by the
fire
| 3 | | protection district in the tax year immediately preceding | 4 | | the year in which the
disconnection took effect.
| 5 | | This subsection (e) applies to a fire protection district | 6 | | only if the
corporate authorities of the district do not file a | 7 | | petition against the
disconnection under subsection (b). | 8 | | (f) A municipality which does not timely make the payments | 9 | | required in subsection (e) shall be subject to a reduction in | 10 | | its allocation from the Local Government Distributive Fund by | 11 | | the amount due to the fire protection district under | 12 | | subsection (e) and which amount shall be remitted to the fire | 13 | | protection district from the Local Government Distributive | 14 | | Fund upon notice by the fire protection district to the | 15 | | Department of Revenue that the required payment has not been | 16 | | made.
| 17 | | (Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)".
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