Illinois General Assembly - Full Text of HB2608
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Full Text of HB2608  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Martin J. Moylan


30 ILCS 115/2  from Ch. 85, par. 612

    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.

LRB100 07062 HLH 17116 b






HB2608LRB100 07062 HLH 17116 b

1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Revenue Sharing Act is amended by
5changing 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,
9the Department of Revenue shall allocate among the several
10municipalities and counties of this State the amount available
11in the Local Government Distributive Fund and in the Income Tax
12Surcharge Local Government Distributive Fund, determined as
13provided in Sections 1 and 1a above. Except as provided in
14Sections 13 and 13.1 of this Act, the Department shall then
15certify such allocations to the State Comptroller, who shall
16pay over to the several municipalities and counties the
17respective amounts allocated to them. The amount of such Funds
18allocable to each such municipality and county shall be in
19proportion to the number of individual residents of such
20municipality or county to the total population of the State,
21determined in each case on the basis of the latest census of
22the State, municipality or county conducted by the Federal
23government and certified by the Secretary of State and for



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1annexations to municipalities, the latest Federal, State or
2municipal census of the annexed area which has been certified
3by the Department of Revenue. Allocations to the City of
4Chicago under this Section are subject to Section 6 of the
5Hotel Operators' Occupation Tax Act. For the purpose of this
6Section, the number of individual residents of a county shall
7be reduced by the number of individuals residing therein in
8municipalities, but the number of individual residents of the
9State, county and municipality shall reflect the latest census
10of any of them. The amounts transferred into the Local
11Government Distributive Fund pursuant to Section 9 of the Use
12Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the
13Service Occupation Tax Act, and Section 3 of the Retailers'
14Occupation Tax Act, each as now or hereafter amended, pursuant
15to the amendments of such Sections by Public Act 85-1135, shall
16be distributed as provided in said Sections.
17    (b) It is the intent of the General Assembly that
18allocations made under this Section shall be made in a fair and
19equitable manner. Accordingly, the clerk of any municipality to
20which territory has been annexed, or from which territory has
21been disconnected, shall notify the Department of Revenue in
22writing of that annexation or disconnection and shall (1) state
23the number of residents within the territory that was annexed
24or disconnected, based on the last census conducted by the
25federal, State, or municipal government and certified by the
26Illinois Secretary of State, and (2) furnish therewith a



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1certified copy of the plat of annexation or, in the case of
2disconnection, the ordinance, final judgment, or resolution of
3disconnection together with an accurate depiction of the
4territory disconnected. The county in which the annexed or
5disconnected territory is located shall verify that the number
6of residents stated on the written notice that is to be sent to
7the Department of Revenue is true and accurate. The verified
8statement of the county shall accompany the written notice.
9However, if the county does not respond to the municipality's
10request for verification within 30 days, this verification
11requirement shall be waived. The written notice shall be
12provided to the Department of Revenue (1) within 30 days after
13the effective date of this amendatory Act of the 96th General
14Assembly for disconnections occurring after January 1, 2007 and
15before the effective date of this amendatory Act of the 96th
16General Assembly or (2) within 30 days after the annexation or
17disconnection for annexations or disconnections occurring on
18or after the effective date of this amendatory Act of the 96th
19General Assembly. For purposes of this Section, a disconnection
20or annexation through court order is deemed to be effective 30
21days after the entry of a final judgment order, unless stayed
22pending appeal. Thereafter, the monthly allocation made to the
23municipality and to any other municipality or county affected
24by the annexation or disconnection shall be adjusted in
25accordance with this Section to reflect the change in residency
26of the residents of the territory that was annexed or



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1disconnected. The adjustment shall be made no later than 30
2days after the Department of Revenue's receipt of the written
3notice of annexation or disconnection described in this
5    (c) Absent an enacted appropriation in any State fiscal
6year, this subsection shall constitute a continuing
7appropriation to the Department of Revenue of all amounts
8necessary for the purposes of making distributions from the
9Local Government Distributive Fund to municipalities and
10counties as provided in this Section. If an appropriation to
11the Department of Revenue of the amounts directed under this
12subsection is enacted on or after July 1 of any calendar year,
13the continuing appropriation shall discontinue for that State
14fiscal 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
17becoming law.