State of Illinois
91st General Assembly
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Public Act 91-0628

SB941 Enrolled                                 SRS91S0001PMcb

    AN ACT to amend the Local Governmental  and  Governmental
Employees  Tort  Immunity  Act by changing Sections 9-103 and
9-107.

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

    Section  5.   The  Local  Governmental  and  Governmental
Employees  Tort  Immunity Act is amended by changing Sections
9-103 and 9-107 as follows:

    (745 ILCS 10/9-103) (from Ch. 85, par. 9-103)
    Sec. 9-103.  (a) A local public entity may protect itself
against  any  liability,  property  damage  or  against   any
liability  or loss which may be imposed upon it or one of its
employees for a tortious act under Federal or State common or
statutory  law,  or  imposed  upon  it  under  the   Workers'
Compensation  Act, the Workers' Occupational Diseases Act, or
the Unemployment Insurance Act by means  including,  but  not
limited  to,  insurance,  individual or joint self-insurance,
including all operating and administrative costs and expenses
directly  associated  therewith,  claims  services  and  risk
management directly attributable to loss prevention and  loss
reduction,   legal  services  directly  attributable  to  the
insurance, self-insurance, or joint  self-insurance  program,
educational,  inspectional, and supervisory services directly
relating  to  loss  prevention   and   loss   reduction,   or
participation in a reciprocal insurer as provided in Sections
72, 76 and 81 of the Illinois Insurance Code. Insurance shall
be  carried  with  a  company authorized by the Department of
Insurance to write such insurance coverage in Illinois.
    (a-5)  A local public entity may individually or  jointly
self-insure  provided  it  complies  with any other statutory
requirements specifically  related  to  individual  or  joint
self-insurance  by local public entities.  Whenever the terms
"self-insure" or "self-insurance" are  utilized  within  this
Act,  such  term  shall  apply  to  both individual and joint
self-insurance. The expenditure of funds of  a  local  public
entity  to  protect itself or its employees against liability
is proper for any local public entity. A local public  entity
that has individually self-insured may establish reserves for
expected losses for any liability or loss for which the local
public  entity is authorized to purchase insurance under this
Act.  The decision of the local public entity to establish  a
reserve  and  the  amount  of  the  reserve shall be based on
reasonable  actuarial  or  insurance  underwriting  evidence.
Property taxes shall not be levied or extended if the  effect
is  to  increase  the reserve beyond 125% of the actuary's or
insurance underwriter's estimated ultimate losses at the  95%
confidence level.  Certification of the amount of the reserve
shall  be  made  by  the  independent  auditor,  actuary,  or
insurance  underwriter  and included in an annual report. The
annual report shall  also  list  all  expenditures  from  the
reserve  or  from  property taxes levied or extended for tort
immunity purposes.  Total claims payments and total  reserves
must  be listed in aggregate amounts.  All other expenditures
must be identified individually. A local public  entity  that
maintains a self-insurance reserve or that levies and extends
a property tax for tort immunity purposes must include in its
audit  or  annual  report  any  expenditures  made  from  the
property  tax levy or self-insurance reserve within the scope
of the audit or annual report.
    (b)  A local public entity may contract for  or  purchase
any   of  the  guaranteed  fund  certificates  or  shares  of
guaranteed capital as provided  for  in  Section  56  of  the
Illinois  Insurance  Code.   The  expenditure of funds of the
local public entity for said contract or purchase  is  proper
for any local public entity.
    (c)  Any   insurance   company  that  provides  insurance
coverage  to  a  local  public  entity  shall   utilize   any
immunities  or  may  assert any defenses to which the insured
local public entity or its employees are  entitled.    Public
entities which are individually or jointly self-insured shall
be  entitled to assert all of the immunities provided by this
Act or by common law or statute on behalf  of  themselves  or
their  employees unless the local public entities shall elect
by action of  their  corporate  authorities  or  specifically
contract to waive in whole or in part such immunities.
    (d)  Within  30 days after January 1, 1991, and within 30
days after each January 1 thereafter, local  public  entities
that  are  individually  or  jointly  self-insured to protect
against liability under the Workers' Compensation Act and the
Workers'  Occupational  Diseases  Act  shall  file  with  the
Industrial Commission a  report  indicating  an  election  to
self-insure.
(Source: P.A. 89-150, eff. 7-14-95.)

    (745 ILCS 10/9-107) (from Ch. 85, par. 9-107)
    Sec. 9-107.  Policy; tax levy.
    (a)   The General Assembly finds that the purpose of this
Section is  to  provide  an  extraordinary  tax  for  funding
expenses  relating  to  tort  liability,  insurance, and risk
management programs.  Thus, the tax has  been  excluded  from
various  limitations  otherwise  applicable  to  tax  levies.
Notwithstanding   the   extraordinary   nature   of  the  tax
authorized by this Section, however, it has  become  apparent
that some units of local government are using the tax revenue
to  fund  expenses  more properly paid from general operating
funds.  These uses of the revenue are inconsistent  with  the
limited purpose of the tax authorization.
    Therefore,  the General Assembly declares, as a matter of
policy, that (i) the use of the  tax  revenue  authorized  by
this Section for purposes not expressly authorized under this
Act is improper and (ii) the provisions of this Section shall
be  strictly  construed  consistent with this declaration and
the Act's express purposes.
    (b)  A local public entity  may  annually  levy  or  have
levied  on  its behalf taxes upon all taxable property within
its territory at a rate that will produce a sum that will  be
sufficient  to:  (i) pay the cost of insurance, individual or
joint self-insurance (including reserves thereon),  including
all  operating and administrative costs and expenses directly
associated therewith, claims  services  and  risk  management
directly  attributable to loss prevention and loss reduction,
legal  services  directly  attributable  to  the   insurance,
self-insurance,   or   joint   self-insurance   program,  and
educational, inspectional, and supervisory services  directly
relating to loss prevention and loss reduction, participation
in  a  reciprocal insurer as provided in Sections 72, 76, and
81 of the Illinois Insurance  Code,  or  participation  in  a
reciprocal   insurer,  all  as  provided  in  settlements  or
judgments  under  Section  9-102,  including  all  costs  and
reserves directly  attributable  to  being  a  member  of  an
insurance  pool,  under  Section 9-103; (ii) pay the costs of
and principal and interest  on  bonds  issued  under  Section
9-105;  (iii)  pay  judgments  and  settlements under Section
9-104; and (iv) discharge obligations under  Section  34-18.1
of  The  School Code, as now or hereafter amended, and to pay
the cost of risk management programs.  Provided  it  complies
with  any  other applicable statutory requirements, the local
public entity may  self-insure  and  establish  reserves  for
expected  losses for any property damage or for any liability
or loss for which the local public entity  is  authorized  to
levy  or  have levied on its behalf taxes for the purchase of
insurance or the payment of judgments  or  settlements  under
this  Section.  The  decision  of  the  board  to establish a
reserve shall be based on reasonable actuarial  or  insurance
underwriting evidence and subject to the limits and reporting
provisions in Section 9-103.
    Funds  raised pursuant to this Section shall only be used
for the purposes specified in this Act, including  protection
against  and  reduction  of  any  liability or loss described
hereinabove and under Federal or State  common  or  statutory
law, the Workers' Compensation Act, the Workers' Occupational
Diseases  Act  and  the  Unemployment  Insurance  Act.  Funds
raised pursuant to this Section may be invested in any manner
in which other funds of local public entities may be invested
under Section 2 of the Public Funds Investment Act.  Interest
on such funds shall be used only for purposes for  which  the
funds  can be used or, if surplus, must be used for abatement
of property taxes levied by the local taxing entity.
    A local public entity may  enter  into  intergovernmental
contracts  with  a  term  of  not  to exceed 12 years for the
provision of joint self-insurance which contracts may include
an obligation to  pay  a  proportional  share  of  a  general
obligation or revenue bond or other debt instrument issued by
a   local   public   entity   which   is   a   party  to  the
intergovernmental contract and is authorized by the terms  of
the  contract  to  issue  the  bond or other debt instrument.
Funds due under such contracts shall not be  considered  debt
under  any  constitutional  or  statutory  limitation and the
local public entity may levy or have  levied  on  its  behalf
taxes  to  pay for its proportional share under the contract.
Funds raised pursuant to intergovernmental contracts for  the
provision  of  joint  self-insurance may only be used for the
payment of any cost, liability or loss against which a  local
public  entity  may protect itself or self-insure pursuant to
Section 9-103 or for the payment of  which  such  entity  may
levy a tax pursuant to this Section, including tort judgments
or   settlements,   costs   associated   with  the  issuance,
retirement  or  refinancing  of  the  bonds  or  other   debt
instruments,  the  repayment  of the principal or interest of
the bonds  or  other  debt  instruments,  the  costs  of  the
administration  of the joint self-insurance fund, consultant,
and risk care management programs or the costs of  insurance.
Any  surplus  returned  to  the local public entity under the
terms of the intergovernmental contract shall  be  used  only
for purposes set forth in subsection (a) of Section 9-103 and
Section  9-107  or  for abatement of property taxes levied by
the local taxing entity.
    Any tax levied under this Section  shall  be  levied  and
collected in like manner with the general taxes of the entity
and  shall  be  exclusive of and in addition to the amount of
tax that entity is now or may hereafter be authorized to levy
for general purposes under any statute which  may  limit  the
amount  of  tax  which  that  entity  may  levy  for  general
purposes. The county clerk of the county in which any part of
the  territory  of  the  local  taxing  entity is located, in
reducing  tax  levies  under  the  provisions  of   any   Act
concerning  the  levy  and  extension  of  taxes,  shall  not
consider  any  tax  provided for by this Section as a part of
the general tax levy for  the  purposes  of  the  entity  nor
include  such tax within any limitation of the percent of the
assessed valuation  upon  which  taxes  are  required  to  be
extended for such entity.
    With  respect to taxes levied under this Section,  either
before, on, or after the effective date  of  this  amendatory
Act of 1994:
         (1)  Those  taxes are excepted from and shall not be
    included within the rate limitation  imposed  by  law  on
    taxes  levied for general corporate purposes by the local
    public  entity  authorized  to  levy  a  tax  under  this
    Section.
         (2)  Those taxes that  a  local  public  entity  has
    levied  in reliance on this Section and that are excepted
    under paragraph (1) from the rate limitation  imposed  by
    law on taxes levied for general corporate purposes by the
    local  public  entity  are  not  invalid  because  of any
    provision of    the  law  authorizing  the  local  public
    entity's tax levy for general corporate purposes that may
    be  construed  or  may have been construed to restrict or
    limit those taxes levied,  and  those  taxes  are  hereby
    validated. This validation of taxes levied applies to all
    cases  pending  on  or  after  the effective date of this
    amendatory Act of 1994.
         (3)  Paragraphs (1)  and  (2)  do  not  apply  to  a
    hospital  organized  under  Article  170  or  175  of the
    Township Code, under the Town Hospital Act, or under  the
    Township  Non-Sectarian  Hospital Act and do not give any
    authority to levy taxes on behalf of such a  hospital  in
    excess  of  the  rate  limitation imposed by law on taxes
    levied  for  general  corporate  purposes.   A   hospital
    organized  under Article 170 or 175 of the Township Code,
    under the  Town  Hospital  Act,  or  under  the  Township
    Non-Sectarian Hospital Act is not prohibited from levying
    taxes  in support of tort liability bonds if the taxes do
    not  cause  the  hospital's  aggregate  tax   rate   from
    exceeding  the  rate  limitation  imposed by law on taxes
    levied for general corporate purposes.
    Revenues derived from such  tax  shall  be  paid  to  the
treasurer  of  the  local taxing entity as collected and used
for the purposes  of  this  Section  and  of  Section  9-102,
9-103,  9-104  or  9-105,  as the case may be. If payments on
account of such taxes are insufficient  during  any  year  to
meet  such  purposes,  the  entity may issue tax anticipation
warrants against the current tax levy in the manner  provided
by statute.
(Source:  P.A.  88-545;  88-692,  eff.  2-4-95;  89-150, eff.
7-14-95.)

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