Bill Amendment: IL SB0918 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0918 Detail]
Download: Illinois-2015-SB0918-Senate_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0918 Detail]
Download: Illinois-2015-SB0918-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 918
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2 | AMENDMENT NO. ______. Amend Senate Bill 918 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Emergency Management Agency Act is | ||||||
5 | amended by adding Section 9.5 as follows:
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6 | (20 ILCS 3305/9.5 new) | ||||||
7 | Sec. 9.5. Local Government Distributive Fund; Income Tax | ||||||
8 | Surcharge
Local Government Distributive Fund. | ||||||
9 | (a) Notwithstanding any other provision of law, eligible | ||||||
10 | applicants may apply to the Illinois Emergency Management | ||||||
11 | Agency to receive distributions from the Local Government | ||||||
12 | Distributive Fund as provided in subsection (c) of Section 2 of | ||||||
13 | the State Revenue Sharing Act. Those distributions shall be | ||||||
14 | used to reimburse the eligible applicant for eligible costs | ||||||
15 | incurred as a result of a disaster when the Federal Emergency | ||||||
16 | Management Agency has denied a request for financial assistance |
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1 | for that eligible applicant. Upon approval of an application, | ||||||
2 | the Director of the Illinois Emergency Management Agency shall | ||||||
3 | certify the amount of the distributions to the Department of | ||||||
4 | Revenue for payment in accordance with subsection (c) of | ||||||
5 | Section 2 of the State Revenue Sharing Act. Eligible applicants | ||||||
6 | shall provide the Illinois Emergency Management Agency with any | ||||||
7 | information the Illinois Emergency Management Agency may | ||||||
8 | reasonably require with respect to those eligible costs. | ||||||
9 | (b) As used in this Section: | ||||||
10 | "Eligible applicant" means: (1) a county that has been | ||||||
11 | designated as a disaster area by the Governor of the State of | ||||||
12 | Illinois and (A) has eligible costs of at least $100 per capita | ||||||
13 | or (B) has eligible costs that meet or exceed the county per | ||||||
14 | capita threshold set forth by the Federal Emergency Management | ||||||
15 | Agency if the statewide total of eligible costs associated with | ||||||
16 | the disaster is at least $5,000,000; (2) a township, | ||||||
17 | municipality, school district, or special district located | ||||||
18 | within such a county; or (3) a municipality that does not | ||||||
19 | qualify under item (1) or (2) that has eligible costs of at | ||||||
20 | least $100 per capita. | ||||||
21 | "Eligible costs" means costs associated with any of the | ||||||
22 | following: | ||||||
23 | (1) debris removal, including clearance of trees and | ||||||
24 | woody debris, building wreckage, damaged or destroyed | ||||||
25 | building contents, sand, mud, silt, gravel, vehicles, and | ||||||
26 | other disaster-related material deposited on public land; |
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1 | (2) emergency protective measures taken before, | ||||||
2 | during, or after the disaster to eliminate or reduce an | ||||||
3 | immediate threat to life, public health, or safety, or to | ||||||
4 | eliminate or reduce an immediate threat of significant | ||||||
5 | damage to improved public or private property through cost | ||||||
6 | effective measures; | ||||||
7 | (3) restoration of roads, bridges, and associated | ||||||
8 | features, such as shoulders, culverts, lighting, and | ||||||
9 | signs; | ||||||
10 | (4) restoration of water control facilities, including | ||||||
11 | drainage channels, pumping facilities, and irrigation | ||||||
12 | facilities; this item (4) does not apply to water control | ||||||
13 | facilities under the authority of a federal agency; | ||||||
14 | (5) restoration or replacement of heavy equipment, | ||||||
15 | vehicles, and buildings, including the contents and | ||||||
16 | systems of the buildings; | ||||||
17 | (6) restoration of water treatment and delivery | ||||||
18 | systems, power generation facilities, and distribution | ||||||
19 | facilities, sewage collection and treatment facilities, | ||||||
20 | and communications; or | ||||||
21 | (7) restoration of parks, playgrounds, pools, | ||||||
22 | cemeteries, mass transit facilities, and beaches. | ||||||
23 | Snow removal costs are not considered "eligible costs".
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24 | Section 10. The State Revenue Sharing Act is amended by | ||||||
25 | changing Section 2 as follows:
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1 | (30 ILCS 115/2) (from Ch. 85, par. 612)
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2 | Sec. 2. Allocation and Disbursement. | ||||||
3 | (a) As soon as may be after the
first day of each month, | ||||||
4 | the Department of Revenue shall allocate among the
several | ||||||
5 | municipalities and counties of this State the amount available | ||||||
6 | in
the Local Government Distributive Fund and in the Income Tax | ||||||
7 | Surcharge
Local Government Distributive Fund, determined as | ||||||
8 | provided in Sections 1
and 1a above. Except as provided in | ||||||
9 | Sections 13 and 13.1 of this Act, the
Department shall then | ||||||
10 | certify such allocations to the State Comptroller,
who shall | ||||||
11 | pay over to the several municipalities and
counties the | ||||||
12 | respective amounts allocated to them. Except as provided in | ||||||
13 | subsection (c), the The amount of such
Funds allocable to each | ||||||
14 | such municipality and county shall be in
proportion to the | ||||||
15 | number of individual residents of such municipality or
county | ||||||
16 | to the total population of the State, determined in each case | ||||||
17 | on
the basis of the latest census of the State, municipality or | ||||||
18 | county
conducted by the Federal government and certified by the | ||||||
19 | Secretary of
State and for annexations to municipalities, the | ||||||
20 | latest Federal, State
or municipal census of the annexed area | ||||||
21 | which has been certified by the
Department of Revenue. | ||||||
22 | Allocations to the City of Chicago under this Section
are | ||||||
23 | subject to Section 6 of the Hotel Operators' Occupation Tax | ||||||
24 | Act. For the
purpose of this Section,
the number of individual | ||||||
25 | residents of a county shall be reduced by the
number of |
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1 | individuals residing therein in municipalities, but the number
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2 | of individual residents of the State, county and municipality | ||||||
3 | shall
reflect the latest census of any of them. The amounts | ||||||
4 | transferred into the
Local Government Distributive Fund | ||||||
5 | pursuant to Section 9 of the Use Tax
Act, Section 9 of the | ||||||
6 | Service Use Tax Act, Section 9 of the Service
Occupation Tax | ||||||
7 | Act, and Section 3 of the Retailers' Occupation Tax Act,
each | ||||||
8 | as now or hereafter amended, pursuant to the amendments of such
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9 | Sections by Public Act 85-1135, shall be distributed as | ||||||
10 | provided in said
Sections.
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11 | (b) It is the intent of the General Assembly that | ||||||
12 | allocations made under this Section shall be made in a fair and | ||||||
13 | equitable manner. Accordingly, the clerk of any municipality to | ||||||
14 | which territory has been annexed, or from which territory has | ||||||
15 | been disconnected, shall notify the Department of Revenue in | ||||||
16 | writing of that annexation or disconnection and shall (1) state | ||||||
17 | the number of residents within the territory that was annexed | ||||||
18 | or disconnected, based on the last census conducted by the | ||||||
19 | federal, State, or municipal government and certified by the | ||||||
20 | Illinois Secretary of State, and (2) furnish therewith a | ||||||
21 | certified copy of the plat of annexation or, in the case of | ||||||
22 | disconnection, the ordinance, final judgment, or resolution of | ||||||
23 | disconnection together with an accurate depiction of the | ||||||
24 | territory disconnected. The county in which the annexed or | ||||||
25 | disconnected territory is located shall verify that the number | ||||||
26 | of residents stated on the written notice that is to be sent to |
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1 | the Department of Revenue is true and accurate. The verified | ||||||
2 | statement of the county shall accompany the written notice. | ||||||
3 | However, if the county does not respond to the municipality's | ||||||
4 | request for verification within 30 days, this verification | ||||||
5 | requirement shall be waived. The written notice shall be | ||||||
6 | provided to the Department of Revenue (1) within 30 days after | ||||||
7 | the effective date of this amendatory Act of the 96th General | ||||||
8 | Assembly for disconnections occurring after January 1, 2007 and | ||||||
9 | before the effective date of this amendatory Act of the 96th | ||||||
10 | General Assembly or (2) within 30 days after the annexation or | ||||||
11 | disconnection for annexations or disconnections occurring on | ||||||
12 | or after the effective date of this amendatory Act of the 96th | ||||||
13 | General Assembly. For purposes of this Section, a disconnection | ||||||
14 | or annexation through court order is deemed to be effective 30 | ||||||
15 | days after the entry of a final judgment order, unless stayed | ||||||
16 | pending appeal. Thereafter, the monthly allocation made to the | ||||||
17 | municipality and to any other municipality or county affected | ||||||
18 | by the annexation or disconnection shall be adjusted in | ||||||
19 | accordance with this Section to reflect the change in residency | ||||||
20 | of the residents of the territory that was annexed or | ||||||
21 | disconnected. The adjustment shall be made no later than 30 | ||||||
22 | days after the Department of Revenue's receipt of the written | ||||||
23 | notice of annexation or disconnection described in this | ||||||
24 | Section. | ||||||
25 | (c) Notwithstanding any other provision of law, upon | ||||||
26 | certification by the Director of the Illinois Emergency |
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1 | Management Agency, moneys in the Local Government Distributive | ||||||
2 | Fund shall also be used for the purpose of reimbursing eligible | ||||||
3 | applicants for eligible costs incurred as a result of a | ||||||
4 | disaster. Beginning with the first distribution to occur after | ||||||
5 | the Department of Revenue receives a certification from the | ||||||
6 | Director of the Illinois Emergency Management Agency under | ||||||
7 | Section 9.5 of the Illinois Emergency Management Agency Act, | ||||||
8 | the amount paid to each county and municipality under | ||||||
9 | subsection (a) of this Section and Section 6z-17 of the State | ||||||
10 | Finance Act, including amounts that would normally be paid | ||||||
11 | directly into a designated escrow account under Section 13 of | ||||||
12 | this Act, shall be reduced by an amount equal to the amount | ||||||
13 | certified by the Director of the Illinois Emergency Management | ||||||
14 | Agency multiplied by a fraction the numerator of which is the | ||||||
15 | total amount that would otherwise be paid to that municipality | ||||||
16 | or county from the Local Government Distributive Fund during | ||||||
17 | that month and the denominator of which is the total amount | ||||||
18 | available in that fund for distribution to counties and | ||||||
19 | municipalities during that month. The amount paid to each | ||||||
20 | eligible applicant shall then be increased by the amount shown | ||||||
21 | in the certification from the Director of the Illinois | ||||||
22 | Emergency Management Agency for that eligible applicant. If in | ||||||
23 | any calendar month the amount certified by the Director of the | ||||||
24 | Illinois Emergency Management Agency exceeds the amount | ||||||
25 | available in the Local Government Distributive Fund for | ||||||
26 | distribution to counties and municipalities, then the |
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1 | reductions and increases under this subsection (c) shall | ||||||
2 | continue in subsequent months until all certified amounts are | ||||||
3 | paid. Payments shall be made to eligible applicants based on | ||||||
4 | the order in which the applications are approved by the | ||||||
5 | Illinois Emergency Management Agency. | ||||||
6 | For the purposes of this subsection (c), the term | ||||||
7 | "disaster" has the meaning ascribed to that term in Section 4 | ||||||
8 | of the Illinois Emergency Management Agency Act, and the terms | ||||||
9 | "eligible applicant" and "eligible costs" have the meanings | ||||||
10 | ascribed to those terms in Section 9.5 of the Illinois | ||||||
11 | Emergency Management Agency Act. | ||||||
12 | (Source: P.A. 96-1040, eff. 7-14-10.)
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13 | Section 90. The State Mandates Act is amended by adding | ||||||
14 | Section 8.39 as follows:
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15 | (30 ILCS 805/8.39 new) | ||||||
16 | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
17 | of this Act, no reimbursement by the State is required for the | ||||||
18 | implementation of any mandate created by this amendatory Act of | ||||||
19 | the 99th General Assembly.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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