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.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by adding Section 9.5 as follows:
 
6    (20 ILCS 3305/9.5 new)
7    Sec. 9.5. Local Government Distributive Fund; Income Tax
8Surcharge Local Government Distributive Fund.
9    (a) Notwithstanding any other provision of law, eligible
10applicants may apply to the Illinois Emergency Management
11Agency to receive distributions from the Local Government
12Distributive Fund and the Income Tax Surcharge Local Government
13Distributive Fund as provided in subsection (c) of Section 2 of
14the State Revenue Sharing Act. Those distributions shall be
15used to reimburse the eligible applicant for eligible costs
16incurred as a result of a disaster when the Federal Emergency
17Management Agency has denied a request for financial assistance
18for that eligible applicant. Upon approval of an application,
19the Director of the Illinois Emergency Management Agency shall
20certify the amount of the distributions to the State
21Comptroller for payment in accordance with subsection (c) of
22Section 2 of the State Revenue Sharing Act. Eligible applicants
23shall provide the Illinois Emergency Management Agency with any

 

 

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1information the Illinois Emergency Management Agency may
2reasonably require with respect to those eligible costs.
3    (b) As used in this Section:
4    "Eligible applicant" means: (1) a county that has been
5designated as a disaster area by the Governor of the State of
6Illinois and (A) has eligible costs of at least $100 per capita
7or (B) has eligible costs that meet or exceed the county per
8capita threshold set forth by the Federal Emergency Management
9Agency if the statewide total of eligible costs associated with
10the disaster is at least $5,000,000; (2) a township,
11municipality, school district, or special district located
12within such a county; or (3) a municipality that does not
13qualify under item (1) or (2) that has eligible costs of at
14least $100 per capita.
15    "Eligible costs" means costs associated with any of the
16following:
17        (1) debris removal, including clearance of trees and
18    woody debris, building wreckage, damaged or destroyed
19    building contents, sand, mud, silt, gravel, vehicles, and
20    other disaster-related material deposited on public land;
21        (2) emergency protective measures taken before,
22    during, or after the disaster to eliminate or reduce an
23    immediate threat to life, public health, or safety, or to
24    eliminate or reduce an immediate threat of significant
25    damage to improved public or private property through cost
26    effective measures;

 

 

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1        (3) restoration of roads, bridges, and associated
2    features, such as shoulders, culverts, lighting, and
3    signs;
4        (4) restoration of water control facilities, including
5    drainage channels, pumping facilities, and irrigation
6    facilities; this item (4) does not apply to water control
7    facilities under the authority of a federal agency;
8        (5) restoration or replacement of heavy equipment,
9    vehicles, and buildings, including the contents and
10    systems of the buildings;
11        (6) restoration of water treatment and delivery
12    systems, power generation facilities, and distribution
13    facilities, sewage collection and treatment facilities,
14    and communications; or
15        (7) restoration of parks, playgrounds, pools,
16    cemeteries, mass transit facilities, and beaches.
17    Snow removal costs are not considered "eligible costs".
 
18    Section 10. The State Revenue Sharing Act is amended by
19changing Section 2 as follows:
 
20    (30 ILCS 115/2)  (from Ch. 85, par. 612)
21    Sec. 2. Allocation and Disbursement.
22    (a) As soon as may be after the first day of each month,
23the Department of Revenue shall allocate among the several
24municipalities and counties of this State the amount available

 

 

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1in the Local Government Distributive Fund and in the Income Tax
2Surcharge Local Government Distributive Fund, determined as
3provided in Sections 1 and 1a above. Except as provided in
4Sections 13 and 13.1 of this Act, the Department shall then
5certify such allocations to the State Comptroller, who shall
6pay over to the several municipalities and counties the
7respective amounts allocated to them. Except as provided in
8subsection (c), the The amount of such Funds allocable to each
9such municipality and county shall be in proportion to the
10number of individual residents of such municipality or county
11to the total population of the State, determined in each case
12on the basis of the latest census of the State, municipality or
13county conducted by the Federal government and certified by the
14Secretary of State and for annexations to municipalities, the
15latest Federal, State or municipal census of the annexed area
16which has been certified by the Department of Revenue.
17Allocations to the City of Chicago under this Section are
18subject to Section 6 of the Hotel Operators' Occupation Tax
19Act. For the purpose of this Section, the number of individual
20residents of a county shall be reduced by the number of
21individuals residing therein in municipalities, but the number
22of individual residents of the State, county and municipality
23shall reflect the latest census of any of them. The amounts
24transferred into the Local Government Distributive Fund
25pursuant to Section 9 of the Use Tax Act, Section 9 of the
26Service Use Tax Act, Section 9 of the Service Occupation Tax

 

 

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1Act, and Section 3 of the Retailers' Occupation Tax Act, each
2as now or hereafter amended, pursuant to the amendments of such
3Sections by Public Act 85-1135, shall be distributed as
4provided in said Sections.
5    (b) It is the intent of the General Assembly that
6allocations made under this Section shall be made in a fair and
7equitable manner. Accordingly, the clerk of any municipality to
8which territory has been annexed, or from which territory has
9been disconnected, shall notify the Department of Revenue in
10writing of that annexation or disconnection and shall (1) state
11the number of residents within the territory that was annexed
12or disconnected, based on the last census conducted by the
13federal, State, or municipal government and certified by the
14Illinois Secretary of State, and (2) furnish therewith a
15certified copy of the plat of annexation or, in the case of
16disconnection, the ordinance, final judgment, or resolution of
17disconnection together with an accurate depiction of the
18territory disconnected. The county in which the annexed or
19disconnected territory is located shall verify that the number
20of residents stated on the written notice that is to be sent to
21the Department of Revenue is true and accurate. The verified
22statement of the county shall accompany the written notice.
23However, if the county does not respond to the municipality's
24request for verification within 30 days, this verification
25requirement shall be waived. The written notice shall be
26provided to the Department of Revenue (1) within 30 days after

 

 

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1the effective date of this amendatory Act of the 96th General
2Assembly for disconnections occurring after January 1, 2007 and
3before the effective date of this amendatory Act of the 96th
4General Assembly or (2) within 30 days after the annexation or
5disconnection for annexations or disconnections occurring on
6or after the effective date of this amendatory Act of the 96th
7General Assembly. For purposes of this Section, a disconnection
8or annexation through court order is deemed to be effective 30
9days after the entry of a final judgment order, unless stayed
10pending appeal. Thereafter, the monthly allocation made to the
11municipality and to any other municipality or county affected
12by the annexation or disconnection shall be adjusted in
13accordance with this Section to reflect the change in residency
14of the residents of the territory that was annexed or
15disconnected. The adjustment shall be made no later than 30
16days after the Department of Revenue's receipt of the written
17notice of annexation or disconnection described in this
18Section.
19    (c) Notwithstanding any other provision of law, upon
20certification by the Director of the Illinois Emergency
21Management Agency, moneys in the Local Government Distributive
22Fund and the Income Tax Surcharge Local Government Distributive
23Fund shall also be used for the purpose of reimbursing eligible
24applicants for eligible costs incurred as a result of a
25disaster. Beginning with the first distribution to occur after
26the State Comptroller receives a certification from the

 

 

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1Director of the Illinois Emergency Management Agency under
2Section 9.5 of the Illinois Emergency Management Agency Act,
3the amount paid to each county and municipality under
4subsection (a) of this Section and Section 6z-17 of the State
5Finance Act, including amounts that would normally be paid
6directly into a designated escrow account under Section 13 of
7this Act, shall be reduced by an amount equal to the amount
8certified by the Director of the Illinois Emergency Management
9Agency multiplied by a fraction the numerator of which is the
10total amount that would otherwise be paid to that municipality
11or county from the Local Government Distributive Fund and the
12Income Tax Surcharge Local Government Distributive Fund during
13that month and the denominator of which is the total amount
14available in those funds for distribution to counties and
15municipalities during that month. The amount paid to each
16eligible applicant shall then be increased by the amount shown
17in the certification from the Director of the Illinois
18Emergency Management Agency for that eligible applicant. If in
19any calendar month the amount certified by the Director of the
20Illinois Emergency Management Agency exceeds the amount
21available in the Local Government Distributive Fund and the
22Income Tax Surcharge Local Government Distributive Fund for
23distribution to counties and municipalities, then the
24reductions and increases under this subsection (c) shall
25continue in subsequent months until all certified amounts are
26paid. Payments shall be made to eligible applicants based on

 

 

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1the order in which the applications are approved by the
2Illinois Emergency Management Agency.
3    For the purposes of this subsection (c), the term
4"disaster" has the meaning ascribed to that term in Section 4
5of the Illinois Emergency Management Agency Act, and the terms
6"eligible applicant" and "eligible costs" have the meanings
7ascribed to those terms in Section 9.5 of the Illinois
8Emergency Management Agency Act.
9(Source: P.A. 96-1040, eff. 7-14-10.)
 
10    Section 90. The State Mandates Act is amended by adding
11Section 8.39 as follows:
 
12    (30 ILCS 805/8.39 new)
13    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
14of this Act, no reimbursement by the State is required for the
15implementation of any mandate created by this amendatory Act of
16the 99th General Assembly.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.