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Public Act 096-1040
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| HB5011 Enrolled | 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 |
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. |
(a) As soon as may be after the
first day of each month, |
the Department of Revenue shall allocate among the
several |
municipalities and counties of this State the amount available |
in
the Local Government Distributive Fund and in the Income Tax |
Surcharge
Local Government Distributive Fund, determined as |
provided in Sections 1
and 1a above. Except as provided in |
Sections 13 and 13.1 of this Act, the
Department shall then |
certify such allocations to the State Comptroller,
who shall |
pay over to the several municipalities and
counties the |
respective amounts allocated to them. The amount of such
Funds |
allocable to each such municipality and county shall be in
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proportion to the number of individual residents of such |
municipality or
county to the total population of the State, |
determined in each case on
the basis of the latest census of |
the State, municipality or county
conducted by the Federal |
government and certified by the Secretary of
State and for |
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annexations to municipalities, the latest Federal, State
or |
municipal census of the annexed area which has been certified |
by the
Department of Revenue. Allocations to the City of |
Chicago under this Section
are subject to Section 6 of the |
Hotel Operators' Occupation Tax Act. For the
purpose of this |
Section,
the number of individual residents of a county shall |
be reduced by the
number of individuals residing therein in |
municipalities, but the number
of individual residents of the |
State, county and municipality shall
reflect the latest census |
of any of them. The amounts transferred into the
Local |
Government Distributive Fund pursuant to Section 9 of the Use |
Tax
Act, Section 9 of the Service Use Tax Act, Section 9 of the |
Service
Occupation Tax Act, and Section 3 of the Retailers' |
Occupation Tax Act,
each as now or hereafter amended, pursuant |
to the amendments of such
Sections by Public Act 85-1135, shall |
be distributed as provided in said
Sections.
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(b) It is the intent of the General Assembly that |
allocations made under this Section shall be made in a fair and |
equitable manner. Accordingly, the clerk of any municipality to |
which territory has been annexed, or from which territory has |
been disconnected, shall notify the Department of Revenue in |
writing of that annexation or disconnection and shall (1) state |
the number of residents within the territory that was annexed |
or disconnected, based on the last census conducted by the |
federal, State, or municipal government and certified by the |
Illinois Secretary of State, and (2) furnish therewith a |
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certified copy of the plat of annexation or, in the case of |
disconnection, the ordinance, final judgment, or resolution of |
disconnection together with an accurate depiction of the |
territory disconnected. The county in which the annexed or |
disconnected territory is located shall verify that the number |
of residents stated on the written notice that is to be sent to |
the Department of Revenue is true and accurate. The verified |
statement of the county shall accompany the written notice. |
However, if the county does not respond to the municipality's |
request for verification within 30 days, this verification |
requirement shall be waived. The written notice shall be |
provided to the Department of Revenue (1) within 30 days after |
the effective date of this amendatory Act of the 96th General |
Assembly for disconnections occurring after January 1, 2007 and |
before the effective date of this amendatory Act of the 96th |
General Assembly or (2) within 30 days after the annexation or |
disconnection for annexations or disconnections occurring on |
or after the effective date of this amendatory Act of the 96th |
General Assembly. For purposes of this Section, a disconnection |
or annexation through court order is deemed to be effective 30 |
days after the entry of a final judgment order, unless stayed |
pending appeal. Thereafter, the monthly allocation made to the |
municipality and to any other municipality or county affected |
by the annexation or disconnection shall be adjusted in |
accordance with this Section to reflect the change in residency |
of the residents of the territory that was annexed or |