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92nd General Assembly

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Public Act 92-0732

SB1930 Enrolled                                LRB9215990DJgc

    AN ACT concerning local funds.

    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 Section
9-107 as follows:

    (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.
    If   a   school   district   was   a    member    of    a
joint-self-health-insurance   cooperative   that   had   more
liability  in  outstanding  claims  than revenue to pay those
claims, the school board of that district may  by  resolution
make a one-time transfer from any fund in which tort immunity
moneys  are  maintained  to  the  fund  or  funds  from which
payments to a joint-self-health-insurance cooperative can  be
or  have  been  made of an amount not to exceed the amount of
the liability claim that the  school  district  owes  to  the
joint-self-health-insurance  cooperative  or  that the school
district paid within the 2 years  immediately  preceding  the
effective  date  of  this  amendatory Act of the 92nd General
Assembly.
    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. 91-628, eff. 1-1-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 30, 2002.
    Approved July 25, 2002.
    Effective July 25, 2002.

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