102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0102

 

Introduced 2/3/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-25010  from Ch. 34, par. 5-25010
65 ILCS 5/8-3-1  from Ch. 24, par. 8-3-1
65 ILCS 5/8-4-25  from Ch. 24, par. 8-4-25
65 ILCS 5/Art. 11 Div. 29 rep.
70 ILCS 920/1  from Ch. 23, par. 1701
70 ILCS 920/5.3 rep.

    Repeals the City and Village Tuberculosis Sanitariums Division of the Illinois Municipal Code. Amends the Counties Code, Illinois Municipal Code, and the Tuberculosis Sanitarium District Act making conforming changes.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

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 Counties Code is amended by changing
5Section 5-25010 as follows:
 
6    (55 ILCS 5/5-25010)  (from Ch. 34, par. 5-25010)
7    Sec. 5-25010. Annual tax levy. The county board of any
8county which has established and is maintaining a county or
9multiple-county health department shall, when authorized as
10provided in Sections 5-25003 or 5-25004, levy annually
11therefor, in excess of the statutory limit, a tax of not to
12exceed .1% of the value plus the additional tax, if
13applicable, provided for in Section 5-23002, or plus the
14additional tax, if applicable, provided for in Section 5.3 of
15"An Act to provide for the creation and management of
16tuberculosis sanitarium districts", approved May 21, 1937, as
17now or hereafter amended, as equalized or assessed by the
18Department of Revenue, of all taxable property of the county,
19which tax shall be levied and collected in like manner as
20general county taxes and shall be paid (except as provided in
21Section 5-25011) into the county treasury and held in the
22County Health Fund and shall be used only for the purposes of
23this Division. Where there is a county health department, the

 

 

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1County Health Fund shall be drawn upon by the proper officers
2of the county upon the properly authenticated vouchers of the
3county health department. Where there is a multiple-county
4health department, the County Health Fund shall be drawn upon
5by the treasurer of the board of health of the multiple-county
6health department. In counties maintaining single county
7health departments, each county board shall appropriate from
8the County Health Fund such sums of money as may be sufficient
9to fund the approved budget of the county health department,
10so long as those sums have been set out in the annual budget
11submitted to the county board by the county board of health and
12that annual budget has been approved by the county board. In
13counties with a population between 700,000 and 3,000,000, the
14county board chairman has the power to veto or reduce any line
15item in the appropriation ordinance for the county or
16multiple-county health department as provided in Section
175-1014.5. Each county board of counties participating in the
18maintenance of a multiple-county health department shall
19appropriate from the County Health Fund and shall authorize
20the county treasurer to release quarterly or more often to the
21treasurer of the board of health of the multiple-county health
22department such sums of money as are in accordance with the
23budget submitted by the multiple-county board of health and
24approved by the county board of each of the participating
25counties as may be necessary to pay its agreed share for the
26maintenance of the multiple-county health department. The

 

 

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1treasurer of the board of health of the multiple-county health
2department shall request by voucher, quarterly or more often
3such sums of money from the county treasurers of the
4respective member counties, and shall support such requests
5with estimates of anticipated receipts and expenditures for
6the period for which sums of money are requested and with
7statements of receipts and expenditures for the preceding
8period. In addition, that treasurer shall support the requests
9to the annual budget submitted by the multiple-county public
10health board and approved by the county board of each of the
11participating counties. No payment may be made from a County
12Health Fund except on the basis of a budget item in a budget
13submitted by the appropriate public health board and approved
14by the county board or boards concerned; however, amended or
15supplemental budgets may be submitted and approved and thereby
16be the basis for such a payment.
17(Source: P.A. 89-402, eff. 8-20-95.)
 
18    Section 10. The Illinois Municipal Code is amended by
19changing Sections 8-3-1 and 8-4-25 as follows:
 
20    (65 ILCS 5/8-3-1)  (from Ch. 24, par. 8-3-1)
21    Sec. 8-3-1. The corporate authorities may levy and collect
22taxes for corporate purposes. They shall do this in the
23following manner:
24    On or before the last Tuesday in December in each year, the

 

 

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1corporate authorities shall ascertain the total amount of
2appropriations legally made or budgeted for and any amount
3deemed necessary to defray additional expenses and liabilities
4for all corporate purposes to be provided for by the tax levy
5of that year. Then, by an ordinance specifying in detail in the
6manner authorized for the annual appropriation ordinance or
7budget of the municipality, the purposes for which the
8appropriations, budgeting or such additional amounts deemed
9necessary have been made and the amount assignable for each
10purpose respectively, the corporate authorities shall levy
11upon all property subject to taxation within the municipality
12as that property is assessed and equalized for state and
13county purposes for the current year.
14    A certified copy of this ordinance shall be filed with the
15county clerk of the proper county. He shall ascertain the rate
16per cent which, upon the value of all property subject to
17taxation within the municipality, as that property is assessed
18or equalized by the Department of Revenue, will produce a net
19amount of not less than the total amount so directed to be
20levied. The county clerk shall extend this tax in a separate
21column upon the books of the collector of state and county
22taxes within the municipality.
23    However, in ascertaining the rate per cent in
24municipalities having a population of 500,000 or more, the
25county clerk shall not add to the amount of the tax so levied
26for any purpose any amount to cover the loss and cost of

 

 

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1collecting the tax, except in the case of amounts levied for
2the payment of bonded indebtedness, or interest thereon, and
3in the case of amounts levied for the purposes of pension
4funds.
5    Where the corporate limits of a municipality lie partly in
62 or more counties, the corporate authorities shall ascertain
7the total amount of all taxable property lying within the
8corporate limits of that municipality in each county, as the
9property is assessed or equalized by the Department of Revenue
10for the current year, and shall certify the amount of taxable
11property in each county within that municipality under the
12seal of the municipality, to the county clerk of the county
13where the seat of government of the municipality is situated.
14That county clerk shall ascertain the rate per cent which,
15upon the total valuation of all property subject to taxation
16within that municipality, ascertained as provided in this
17Section, will produce a net amount not less than the total
18amount directed to be levied. As soon as that rate per cent is
19ascertained, that clerk shall certify the rate per cent under
20his signature and seal of office to the county clerk of each
21other county wherein a portion of that municipality is
22situated. A county clerk to whom a rate per cent is certified
23shall extend the tax in a separate column upon the books of the
24collector of state and county taxes for his county against all
25property in his county within the limits of that municipality.
26    But in municipalities with 500,000 or more inhabitants,

 

 

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1the aggregate amount of taxes so levied exclusive of the
2amount levied for the payment of bonded indebtedness, or
3interest thereon, and exclusive of taxes levied for the
4payment of judgments, for which a special tax is authorized by
5law, and exclusive of the amounts levied for the purposes of
6pension funds, working cash fund, public library, municipal
7tuberculosis sanitarium, the propagation and preservation of
8community trees, and exclusive of taxes levied pursuant to
9Section 19 of the Illinois Emergency Services and Disaster
10Agency Act of 1975 and for the general assistance for needy
11persons lawfully resident therein, shall not exceed the
12estimated amount of taxes to be levied for each year for the
13purposes specified in Sections 8-2-2 through 8-2-5 and set
14forth in its annual appropriation ordinance and in any
15supplemental appropriation ordinance authorized by law for
16that year.
17    In municipalities with less than 500,000 inhabitants, the
18aggregate amount of taxes so levied for any one year,
19exclusive of the amount levied for the payment of bonded
20indebtedness, or interest thereon, and exclusive of taxes
21levied pursuant to Section 13 of the Illinois Civil Defense
22Act of 1951 and exclusive of taxes authorized by this Code or
23other Acts which by their terms provide that those taxes shall
24be in addition to taxes for general purposes authorized under
25this Section, shall not exceed the rate of .25%, or the rate
26limit in effect on July 1, 1967, whichever is greater, and on a

 

 

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1permanent basis, upon the aggregate valuation of all property
2within the municipality subject to taxation therein, as the
3property is equalized or assessed by the Department of Revenue
4for the current year. However, if the maximum rate of such
5municipality for general corporate purposes is less than .20%
6on July 1, 1967, the corporate authorities may, without
7referendum, increase such maximum rate not to exceed .25%; but
8such maximum rate shall not be raised by more than 1/2 of such
9increase in any one year.
10    However, if the corporate authorities of a municipality
11with less than 500,000 inhabitants desire to levy in any one
12year more than .25%, or the rate limit in effect on July 1,
131967, whichever is greater, and on a permanent basis, but not
14more than .4375% for general corporate purposes, exclusive of
15the amount levied for the payment of bonded indebtedness, or
16interest thereon, and exclusive of taxes authorized by this
17Code or other Acts which by their terms provide that those
18taxes shall be in addition to taxes for general purposes
19authorized under this Section the corporate authorities, by
20ordinance, stating the per cent so desired, may order a
21proposition for the additional amount to be submitted to the
22electors of that municipality at any election. The clerk shall
23certify the proposition to the proper election authority who
24shall submit the question to the electors at such election. If
25a majority of the votes cast on the proposition are in favor of
26the proposition, the corporate authorities of that

 

 

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1municipality may levy annually for general corporate purposes,
2exclusive of the amount levied for the payment of bonded
3indebtedness, or interest thereon, and exclusive of taxes
4authorized by this Code or other Acts which by their terms
5provide that those taxes are in addition to taxes for general
6purposes authorized under this Section a tax in excess of
7.25%, or the rate in effect on July 1, 1967, whichever is
8greater, and on a permanent basis, but not exceeding the per
9cent mentioned in the proposition.
10    Any municipality voting after August 1, 1969, to increase
11its rate limitation for general corporate purposes under this
12Section shall establish such increased rate limitation on an
13ongoing basis unless otherwise changed by referendum.
14    In municipalities that are not home rule units, any funds
15on hand at the end of the fiscal year, which funds are not
16pledged for or allocated to a particular purpose, may by
17action of the corporate authorities be transferred to the
18capital improvement fund and accumulated therein, but the
19total amount accumulated in such fund may not exceed 3% of the
20aggregate assessed valuation of all taxable property in the
21municipality.
22(Source: P.A. 87-17.)
 
23    (65 ILCS 5/8-4-25)  (from Ch. 24, par. 8-4-25)
24    Sec. 8-4-25. Subject to the requirements of the Bond Issue
25Notification Act, any municipality is authorized to issue from

 

 

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1time to time full faith and credit general obligation notes in
2an amount not to exceed 85% of the specific taxes levied for
3the year during which and for which such notes are issued,
4provided no notes shall be issued in lieu of tax warrants for
5any tax at any time there are outstanding tax anticipation
6warrants against the specific taxes levied for the year. Such
7notes shall bear interest at a rate not to exceed the maximum
8rate authorized by the Bond Authorization Act, as amended at
9the time of the making of the contract, if issued before
10January 1, 1972 and not more than the maximum rate authorized
11by the Bond Authorization Act, as amended at the time of the
12making of the contract, if issued after January 1, 1972 and
13shall mature within two years from date. The first interest
14payment date on any such notes shall not be earlier than the
15delinquency date of the first installment of taxes levied to
16pay interest and principal of such notes. Notes may be issued
17for taxes levied for the following purposes:
18    (a) Corporate.
19    (b) For the payment of judgments.
20    (c) Public Library for Maintenance and Operation.
21    (d) Public Library for Buildings and Sites.
22    (e) Blank. Municipal Tuberculosis Sanitarium.
23    (f) Relief (General Assistance).
24    In order to authorize and issue such notes, the corporate
25authorities shall adopt an ordinance fixing the amount of the
26notes, the date thereof, the maturity, rate of interest, place

 

 

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1of payment and denomination, which shall be in equal multiples
2of $1,000, and provide for the levy and collection of a direct
3annual tax upon all the taxable property in the municipality
4sufficient to pay the principal of and interest on such notes
5as the same becomes due.
6    A certified copy of the ordinance authorizing the issuance
7of the notes shall be filed in the office of the County Clerk
8of the county in which the municipality is located, or if the
9municipality lies partly within two or more counties, a
10certified copy of the ordinance authorizing such notes shall
11be filed with the County Clerk of each of the respective
12counties, and it shall be the duty of the County Clerk, or
13County Clerks, whichever the case may be, to extend the tax
14therefor in addition to and in excess of all other taxes
15heretofore or hereafter authorized to be levied by such
16municipality.
17    From and after any such notes have been issued and while
18such notes are outstanding, it shall be the duty of the County
19Clerk or County Clerks, whichever the case may be, in
20computing the tax rate for the purpose for which the notes have
21been issued to reduce the tax rate levied for such purpose by
22the amount levied to pay the principal of and interest on the
23notes to maturity, provided the tax rate shall not be reduced
24beyond the amount necessary to reimburse any money borrowed
25from the working cash fund, and it shall be the duty of the
26Clerk of the municipality annually, not less than thirty (30)

 

 

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1days prior to the tax extension date, to certify to the County
2Clerk, or County Clerks, whichever the case may be, the amount
3of money borrowed from the working cash fund to be reimbursed
4from the specific tax levy.
5    No reimbursement shall be made to the working cash fund
6until there has been accumulated from the tax levy provided
7for the notes an amount sufficient to pay the principal of and
8interest on such notes as the same become due.
9    With respect to instruments for the payment of money
10issued under this Section either before, on, or after the
11effective date of this amendatory Act of 1989, it is and always
12has been the intention of the General Assembly (i) that the
13Omnibus Bond Acts are and always have been supplementary
14grants of power to issue instruments in accordance with the
15Omnibus Bond Acts, regardless of any provision of this Act
16that may appear to be or to have been more restrictive than
17those Acts, (ii) that the provisions of this Section are not a
18limitation on the supplementary authority granted by the
19Omnibus Bond Acts, and (iii) that instruments issued under
20this Section within the supplementary authority granted by the
21Omnibus Bond Acts are not invalid because of any provision of
22this Act that may appear to be or to have been more restrictive
23than those Acts.
24(Source: P.A. 89-655, eff. 1-1-97.)
 
25    (65 ILCS 5/Art. 11 Div. 29 rep.)

 

 

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1    Section 15. The Illinois Municipal Code is amended by
2repealing Article 11 Div. 29.
 
3    Section 20. The Tuberculosis Sanitarium District Act is
4amended by changing Section 1 as follows:
 
5    (70 ILCS 920/1)  (from Ch. 23, par. 1701)
6    Sec. 1. Any area of contiguous territory lying wholly
7within one county but entirely outside the corporate limits of
8any city or village which has adopted Division 29 of Article 11
9of the "Illinois Municipal Code", approved May 29, 1961, as
10amended, may be incorporated as a tuberculosis sanitarium
11district in the following manner, to wit:
12    Any 100 legal voters residing within the limits of such
13proposed district may petition the circuit court for the
14county in which such proposed district lies, to cause the
15question to be submitted to the legal voters of such proposed
16district whether or not it shall be organized as a
17tuberculosis sanitarium district under this Act. Such petition
18shall be addressed to the court and shall contain a definite
19description of the territory intended to be embraced in such
20district, and the name of such district. Upon the filing of
21such petition in the office of the clerk of the court of the
22county in which such territory is situated, it shall be the
23duty of such court to fix a day and hour for the public
24consideration thereof, which shall not be less than 15 days

 

 

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1after the filing of such petition. Such court shall cause a
2notice of the time and place of such public consideration to be
3published 3 successive days in some newspaper having a general
4circulation in the territory proposed to be placed in such
5district. The date of the last publication of such notice
6shall not be less than 5 days prior to the time set for such
7public hearing. At the time and place fixed for such public
8hearing the court shall sit and hear any resident or person
9owning property in such proposed district who desires to be
10heard, and if the court finds that all of the provisions of
11this Act have been complied with, it shall cause to be entered
12of record, an order fixing and defining the boundaries and the
13name of such proposed district in accordance with the prayer
14of the petition. In the event that any other petition or
15petitions for the organization of a tuberculosis sanitarium
16district or districts in the same county shall be filed under
17this Act before the time fixed for the public hearing of the
18first petition, the court shall postpone the public
19consideration of the first petition so that the hearing of all
20said petitions shall be set for the same day and hour.
21    Should 2 or more petitions be filed under this Act and come
22on for hearing at the same time and it shall be found by the
23court that any of the territory embraced in any one of said
24petitions is included in or contiguous with the territory
25embraced in any other petition or petitions, the court may
26include all of the territory described in such petitions in

 

 

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1one district and shall fix the name proposed in the petition
2first filed as the name for said district. After the entry of
3the order fixing and defining the boundaries and the name of
4such proposed district, it shall be the duty of the clerk of
5the circuit court to certify the order and the proposition to
6the proper election officials, who shall submit the
7proposition to the voters at an election in accordance with
8the general election law. In addition to the requirements of
9the general election law, the notice of the referendum shall
10contain a definite description of the territory intended to be
11embraced in such district, and the name of such district.
12(Source: P.A. 83-343.)
 
13    (70 ILCS 920/5.3 rep.)
14    Section 25. The Tuberculosis Sanitarium District Act is
15amended by repealing Section 5.3.