SB1627 99TH GENERAL ASSEMBLY

LRB099 08778 HLH 28947 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1627

Introduced 2/20/2015, by Sen. William E. Brady

SYNOPSIS AS INTRODUCED:

20 ILCS 3305/9.5 new
30 ILCS 115/2	from Ch. 85, par. 612
30 ILCS 805/8.39 new

Amends the Illinois Emergency Management Agency Act and the State Revenue Sharing Act. Provides that certain units of local government may apply to the Illinois Emergency Management Agency to receive distributions directly from the Local Government Distributive Fund and the Income Tax Surcharge Local Government Distributive Fund for the purpose of reimbursing the unit of local government for eligible costs incurred as a result of a disaster when the Federal Emergency Management Agency has denied a request for financial assistance for that eligible applicant. Provides that, if an application is approved, distributions to other municipalities and counties from the Local Government Distributive Fund and the Income Tax Surcharge Local Government Distributive Fund shall be reduced accordingly. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Emergency Management Agency Act is amended by adding Section 9.5 as follows:

(20 ILCS 3305/9.5 new)

Sec. 9.5. Local Government Distributive Fund; Income Tax Surcharge Local Government Distributive Fund.

(a) Notwithstanding any other provision of law, eligible applicants may apply to the Illinois Emergency Management Agency to receive distributions from the Local Government Distributive Fund and the Income Tax Surcharge Local Government Distributive Fund as provided in subsection (c) of Section 2 of the State Revenue Sharing Act. Those distributions shall be used to reimburse the eligible applicant for eligible costs incurred as a result of a disaster when the Federal Emergency Management Agency has denied a request for financial assistance for that eligible applicant. Upon approval of an application, the Director of the Illinois Emergency Management Agency shall certify the amount of the distributions to the State Comptroller for payment in accordance with subsection (c) of Section 2 of the State Revenue Sharing Act. Eligible applicants shall provide the Illinois Emergency Management Agency with any information the Illinois Emergency Management Agency may reasonably require with respect to those eligible costs.

(b) As used in this Section:

"Eligible applicant" means: (1) a county that has been designated as a disaster area by the Governor of the State of Illinois and (A) has eligible costs of at least $100 per capita or (B) has eligible costs that meet or exceed the county per capita threshold set forth by the Federal Emergency Management Agency if the statewide total of eligible costs associated with the disaster is at least $5,000,000; (2) a township, municipality, school district, or special district located within such a county; or (3) a municipality that does not qualify under item (1) or (2) that has eligible costs of at least $100 per capita.

"Eligible costs" means costs associated with any of the following:

(1) debris removal, including clearance of trees and woody debris, building wreckage, damaged or destroyed building contents, sand, mud, silt, gravel, vehicles, and other disaster-related material deposited on public land;

(2) emergency protective measures taken before, during, or after the disaster to eliminate or reduce an immediate threat to life, public health, or safety, or to eliminate or reduce an immediate threat of significant damage to improved public or private property through cost effective measures;

(3) restoration of roads, bridges, and associated features, such as shoulders, culverts, lighting, and signs;

(4) restoration of water control facilities, including drainage channels, pumping facilities, and irrigation facilities; this item (4) does not apply to water control facilities under the authority of a federal agency;

(5) restoration or replacement of heavy equipment, vehicles, and buildings, including the contents and systems of the buildings;

(6) restoration of water treatment and delivery systems, power generation facilities, and distribution facilities, sewage collection and treatment facilities, and communications; or

(7) restoration of parks, playgrounds, pools, cemeteries, mass transit facilities, and beaches.

Snow removal costs are not considered "eligible costs".

Section 10. The State Revenue Sharing Act is amended by changing Section 2 as follows:

(30 ILCS 115/2) (from Ch. 85, par. 612)

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. Except as provided in subsection (c), the The amount of such Funds allocable to each such municipality and county shall be in 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 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.

(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 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 disconnected. The adjustment shall be made no later than 30 days after the Department of Revenue's receipt of the written notice of annexation or disconnection described in this Section.

(c) Notwithstanding any other provision of law, upon certification by the Director of the Illinois Emergency Management Agency, moneys in the Local Government Distributive Fund and the Income Tax Surcharge Local Government Distributive Fund shall also be used for the purpose of reimbursing eligible applicants for eligible costs incurred as a result of a disaster. Beginning with the first distribution to occur after the State Comptroller receives a certification from the Director of the Illinois Emergency Management Agency under Section 9.5 of the Illinois Emergency Management Agency Act, the amount paid to each county and municipality under subsection (a) of this Section and Section 6z-17 of the State Finance Act, including amounts that would normally be paid directly into a designated escrow account under Section 13 of this Act, shall be reduced by an amount equal to the amount certified by the Director of the Illinois Emergency Management Agency multiplied by a fraction the numerator of which is the total amount that would otherwise be paid to that municipality or county from the Local Government Distributive Fund and the Income Tax Surcharge Local Government Distributive Fund during that month and the denominator of which is the total amount available in those funds for distribution to counties and municipalities during that month. The amount paid to each eligible applicant shall then be increased by the amount shown in the certification from the Director of the Illinois Emergency Management Agency for that eligible applicant. If in any calendar month the amount certified by the Director of the Illinois Emergency Management Agency exceeds the amount available in the Local Government Distributive Fund and the Income Tax Surcharge Local Government Distributive Fund for distribution to counties and municipalities, then the reductions and increases under this subsection (c) shall continue in subsequent months until all certified amounts are paid. Payments shall be made to eligible applicants based on the order in which the applications are approved by the Illinois Emergency Management Agency.

For the purposes of this subsection (c), the term "disaster" has the meaning ascribed to that term in Section 4 of the Illinois Emergency Management Agency Act, and the terms "eligible applicant" and "eligible costs" have the meanings ascribed to those terms in Section 9.5 of the Illinois Emergency Management Agency Act.

(Source: P.A. 96-1040, eff. 7-14-10.)

Section 90. The State Mandates Act is amended by adding Section 8.39 as follows:

(30 ILCS 805/8.39 new)

Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 99th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.