Full Text of HB2608 100th General Assembly
HB2608 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2608 Introduced , by Rep. Martin J. Moylan 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. Provides that amounts allocated to the Department of Revenue from the Local Government Distributive Fund for distributions to municipalities and counties are subject to a continuing appropriation. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Revenue Sharing Act is amended by | 5 | | changing Section 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 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
| 19 | | 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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| 1 | | 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.
| 17 | | (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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| 1 | | 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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| 1 | | 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 | | (c) Absent an enacted appropriation in any State fiscal | 6 | | year, this subsection shall constitute a continuing | 7 | | appropriation to the Department of Revenue of all amounts | 8 | | necessary for the purposes of making distributions from the | 9 | | Local Government Distributive Fund to municipalities and | 10 | | counties as provided in this Section. If an appropriation to | 11 | | the Department of Revenue of the amounts directed under this | 12 | | subsection is enacted on or after July 1 of any calendar year, | 13 | | the continuing appropriation shall discontinue for that State | 14 | | fiscal year, and the enacted appropriation shall supersede. | 15 | | (Source: P.A. 96-1040, eff. 7-14-10.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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