Sen. Julie A. Morrison

Filed: 3/5/2021

 

 


 

 


 
10200SB0102sam001LRB102 00016 AWJ 22401 a

1
AMENDMENT TO SENATE BILL 102

2    AMENDMENT NO. ______. Amend Senate Bill 102 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1now or hereafter amended, as equalized or assessed by the
2Department of Revenue, of all taxable property of the county,
3which tax shall be levied and collected in like manner as
4general county taxes and shall be paid (except as provided in
5Section 5-25011) into the county treasury and held in the
6County Health Fund and shall be used only for the purposes of
7this Division. Where there is a county health department, the
8County Health Fund shall be drawn upon by the proper officers
9of the county upon the properly authenticated vouchers of the
10county health department. Where there is a multiple-county
11health department, the County Health Fund shall be drawn upon
12by the treasurer of the board of health of the multiple-county
13health department. In counties maintaining single county
14health departments, each county board shall appropriate from
15the County Health Fund such sums of money as may be sufficient
16to fund the approved budget of the county health department,
17so long as those sums have been set out in the annual budget
18submitted to the county board by the county board of health and
19that annual budget has been approved by the county board. In
20counties with a population between 700,000 and 3,000,000, the
21county board chairman has the power to veto or reduce any line
22item in the appropriation ordinance for the county or
23multiple-county health department as provided in Section
245-1014.5. Each county board of counties participating in the
25maintenance of a multiple-county health department shall
26appropriate from the County Health Fund and shall authorize

 

 

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1the county treasurer to release quarterly or more often to the
2treasurer of the board of health of the multiple-county health
3department such sums of money as are in accordance with the
4budget submitted by the multiple-county board of health and
5approved by the county board of each of the participating
6counties as may be necessary to pay its agreed share for the
7maintenance of the multiple-county health department. The
8treasurer of the board of health of the multiple-county health
9department shall request by voucher, quarterly or more often
10such sums of money from the county treasurers of the
11respective member counties, and shall support such requests
12with estimates of anticipated receipts and expenditures for
13the period for which sums of money are requested and with
14statements of receipts and expenditures for the preceding
15period. In addition, that treasurer shall support the requests
16to the annual budget submitted by the multiple-county public
17health board and approved by the county board of each of the
18participating counties. No payment may be made from a County
19Health Fund except on the basis of a budget item in a budget
20submitted by the appropriate public health board and approved
21by the county board or boards concerned; however, amended or
22supplemental budgets may be submitted and approved and thereby
23be the basis for such a payment.
24(Source: P.A. 89-402, eff. 8-20-95.)
 
25    Section 10. The Illinois Municipal Code is amended by

 

 

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1changing Sections 8-3-1, 8-4-1, and 8-4-25 as follows:
 
2    (65 ILCS 5/8-3-1)  (from Ch. 24, par. 8-3-1)
3    Sec. 8-3-1. The corporate authorities may levy and collect
4taxes for corporate purposes. They shall do this in the
5following manner:
6    On or before the last Tuesday in December in each year, the
7corporate authorities shall ascertain the total amount of
8appropriations legally made or budgeted for and any amount
9deemed necessary to defray additional expenses and liabilities
10for all corporate purposes to be provided for by the tax levy
11of that year. Then, by an ordinance specifying in detail in the
12manner authorized for the annual appropriation ordinance or
13budget of the municipality, the purposes for which the
14appropriations, budgeting or such additional amounts deemed
15necessary have been made and the amount assignable for each
16purpose respectively, the corporate authorities shall levy
17upon all property subject to taxation within the municipality
18as that property is assessed and equalized for state and
19county purposes for the current year.
20    A certified copy of this ordinance shall be filed with the
21county clerk of the proper county. He shall ascertain the rate
22per cent which, upon the value of all property subject to
23taxation within the municipality, as that property is assessed
24or equalized by the Department of Revenue, will produce a net
25amount of not less than the total amount so directed to be

 

 

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1levied. The county clerk shall extend this tax in a separate
2column upon the books of the collector of state and county
3taxes within the municipality.
4    However, in ascertaining the rate per cent in
5municipalities having a population of 500,000 or more, the
6county clerk shall not add to the amount of the tax so levied
7for any purpose any amount to cover the loss and cost of
8collecting the tax, except in the case of amounts levied for
9the payment of bonded indebtedness, or interest thereon, and
10in the case of amounts levied for the purposes of pension
11funds.
12    Where the corporate limits of a municipality lie partly in
132 or more counties, the corporate authorities shall ascertain
14the total amount of all taxable property lying within the
15corporate limits of that municipality in each county, as the
16property is assessed or equalized by the Department of Revenue
17for the current year, and shall certify the amount of taxable
18property in each county within that municipality under the
19seal of the municipality, to the county clerk of the county
20where the seat of government of the municipality is situated.
21That county clerk shall ascertain the rate per cent which,
22upon the total valuation of all property subject to taxation
23within that municipality, ascertained as provided in this
24Section, will produce a net amount not less than the total
25amount directed to be levied. As soon as that rate per cent is
26ascertained, that clerk shall certify the rate per cent under

 

 

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1his signature and seal of office to the county clerk of each
2other county wherein a portion of that municipality is
3situated. A county clerk to whom a rate per cent is certified
4shall extend the tax in a separate column upon the books of the
5collector of state and county taxes for his county against all
6property in his county within the limits of that municipality.
7    But in municipalities with 500,000 or more inhabitants,
8the aggregate amount of taxes so levied exclusive of the
9amount levied for the payment of bonded indebtedness, or
10interest thereon, and exclusive of taxes levied for the
11payment of judgments, for which a special tax is authorized by
12law, and exclusive of the amounts levied for the purposes of
13pension funds, working cash fund, public library, municipal
14tuberculosis sanitarium, the propagation and preservation of
15community trees, and exclusive of taxes levied pursuant to
16Section 19 of the Illinois Emergency Services and Disaster
17Agency Act of 1975 and for the general assistance for needy
18persons lawfully resident therein, shall not exceed the
19estimated amount of taxes to be levied for each year for the
20purposes specified in Sections 8-2-2 through 8-2-5 and set
21forth in its annual appropriation ordinance and in any
22supplemental appropriation ordinance authorized by law for
23that year.
24    In municipalities with less than 500,000 inhabitants, the
25aggregate amount of taxes so levied for any one year,
26exclusive of the amount levied for the payment of bonded

 

 

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1indebtedness, or interest thereon, and exclusive of taxes
2levied pursuant to Section 13 of the Illinois Civil Defense
3Act of 1951 and exclusive of taxes authorized by this Code or
4other Acts which by their terms provide that those taxes shall
5be in addition to taxes for general purposes authorized under
6this Section, shall not exceed the rate of .25%, or the rate
7limit in effect on July 1, 1967, whichever is greater, and on a
8permanent basis, upon the aggregate valuation of all property
9within the municipality subject to taxation therein, as the
10property is equalized or assessed by the Department of Revenue
11for the current year. However, if the maximum rate of such
12municipality for general corporate purposes is less than .20%
13on July 1, 1967, the corporate authorities may, without
14referendum, increase such maximum rate not to exceed .25%; but
15such maximum rate shall not be raised by more than 1/2 of such
16increase in any one year.
17    However, if the corporate authorities of a municipality
18with less than 500,000 inhabitants desire to levy in any one
19year more than .25%, or the rate limit in effect on July 1,
201967, whichever is greater, and on a permanent basis, but not
21more than .4375% for general corporate purposes, exclusive of
22the amount levied for the payment of bonded indebtedness, or
23interest thereon, and exclusive of taxes authorized by this
24Code or other Acts which by their terms provide that those
25taxes shall be in addition to taxes for general purposes
26authorized under this Section the corporate authorities, by

 

 

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1ordinance, stating the per cent so desired, may order a
2proposition for the additional amount to be submitted to the
3electors of that municipality at any election. The clerk shall
4certify the proposition to the proper election authority who
5shall submit the question to the electors at such election. If
6a majority of the votes cast on the proposition are in favor of
7the proposition, the corporate authorities of that
8municipality may levy annually for general corporate purposes,
9exclusive of the amount levied for the payment of bonded
10indebtedness, or interest thereon, and exclusive of taxes
11authorized by this Code or other Acts which by their terms
12provide that those taxes are in addition to taxes for general
13purposes authorized under this Section a tax in excess of
14.25%, or the rate in effect on July 1, 1967, whichever is
15greater, and on a permanent basis, but not exceeding the per
16cent mentioned in the proposition.
17    Any municipality voting after August 1, 1969, to increase
18its rate limitation for general corporate purposes under this
19Section shall establish such increased rate limitation on an
20ongoing basis unless otherwise changed by referendum.
21    In municipalities that are not home rule units, any funds
22on hand at the end of the fiscal year, which funds are not
23pledged for or allocated to a particular purpose, may by
24action of the corporate authorities be transferred to the
25capital improvement fund and accumulated therein, but the
26total amount accumulated in such fund may not exceed 3% of the

 

 

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1aggregate assessed valuation of all taxable property in the
2municipality.
3(Source: P.A. 87-17.)
 
4    (65 ILCS 5/8-4-1)  (from Ch. 24, par. 8-4-1)
5    Sec. 8-4-1. No bonds shall be issued by the corporate
6authorities of any municipality until the question of
7authorizing such bonds has been submitted to the electors of
8that municipality provided that notice of the bond referendum,
9if held before July 1, 1999, has been given in accordance with
10the provisions of Section 12-5 of the Election Code in effect
11at the time of the bond referendum, at least 10 and not more
12than 45 days before the date of the election, notwithstanding
13the time for publication otherwise imposed by Section 12-5,
14and approved by a majority of the electors voting upon that
15question. Notices required in connection with the submission
16of public questions on or after July 1, 1999 shall be as set
17forth in Section 12-5 of the Election Code. The clerk shall
18certify the proposition of the corporate authorities to the
19proper election authority who shall submit the question at an
20election in accordance with the general election law, subject
21to the notice provisions set forth in this Section.
22    Notice of any such election shall contain the amount of
23the bond issue, purpose for which issued, and maximum rate of
24interest.
25    In addition to all other authority to issue bonds, the

 

 

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1Village of Indian Head Park is authorized to issue bonds for
2the purpose of paying the costs of making roadway improvements
3in an amount not to exceed the aggregate principal amount of
4$2,500,000, provided that 60% of the votes cast at the general
5primary election held on March 18, 2014 are cast in favor of
6the issuance of the bonds, and the bonds are issued by December
731, 2014.
8    However, without the submission of the question of issuing
9bonds to the electors, the corporate authorities of any
10municipality may authorize the issuance of any of the
11following bonds:
12        (1) Bonds to refund any existing bonded indebtedness;
13        (2) Bonds to fund or refund any existing judgment
14    indebtedness;
15        (3) In any municipality of less than 500,000
16    population, bonds to anticipate the collection of
17    installments of special assessments and special taxes
18    against property owned by the municipality and to
19    anticipate the collection of the amount apportioned to the
20    municipality as public benefits under Article 9;
21        (4) Bonds issued by any municipality under Sections
22    8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1
23    11-25-1 through 11-26-6, 11-71-1 through 11-71-10,
24    11-74.3-1 through 11-74.3-7, 11-74.4-1 through 11-74.4-11,
25    11-74.5-1 through 11-74.5-15, 11-94-1 through 11-94-7,
26    11-102-1 through 11-102-10, 11-103-11 through 11-103-15,

 

 

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1    11-118-1 through 11-118-6, 11-119-1 through 11-119-5,
2    11-129-1 through 11-129-7, 11-133-1 through 11-133-4,
3    11-139-1 through 11-139-12, 11-141-1 through 11-141-18 of
4    this Code or 10-801 through 10-808 of the Illinois Highway
5    Code, as amended;
6        (5) Bonds issued by the board of education of any
7    school district under the provisions of Sections 34-30
8    through 34-36 of The School Code, as amended;
9        (6) Bonds issued by any municipality under the
10    provisions of Division 6 of this Article 8; and by any
11    municipality under the provisions of Division 7 of this
12    Article 8; or under the provisions of Sections 11-121-4
13    and 11-121-5;
14        (7) Bonds to pay for the purchase of voting machines
15    by any municipality that has adopted Article 24 of The
16    Election Code, approved May 11, 1943, as amended;
17        (8) Bonds issued by any municipality under Sections 15
18    and 46 of the "Environmental Protection Act", approved
19    June 29, 1970;
20        (9) Bonds issued by the corporate authorities of any
21    municipality under the provisions of Section 8-4-25 of
22    this Article 8;
23        (10) Bonds issued under Section 8-4-26 of this Article
24    8 by any municipality having a board of election
25    commissioners;
26        (11) Bonds issued under the provisions of "An Act to

 

 

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1    provide the manner of levying or imposing taxes for the
2    provision of special services to areas within the
3    boundaries of home rule units and nonhome rule
4    municipalities and counties", approved September 21, 1973;
5        (12) Bonds issued under Section 8-5-16 of this Code;
6        (13) Bonds to finance the cost of the acquisition,
7    construction or improvement of water or wastewater
8    treatment facilities mandated by an enforceable compliance
9    schedule developed in connection with the federal Clean
10    Water Act or a compliance order issued by the United
11    States Environmental Protection Agency or the Illinois
12    Pollution Control Board; provided that such bonds are
13    authorized by an ordinance adopted by a three-fifths
14    majority of the corporate authorities of the municipality
15    issuing the bonds which ordinance shall specify that the
16    construction or improvement of such facilities is
17    necessary to alleviate an emergency condition in such
18    municipality;
19        (14) Bonds issued by any municipality pursuant to
20    Section 11-113.1-1;
21        (15) Bonds issued under Sections 11-74.6-1 through
22    11-74.6-45, the Industrial Jobs Recovery Law of this Code;
23        (16) Bonds issued under the Innovation Development and
24    Economy Act, except as may be required by Section 35 of
25    that Act.
26(Source: P.A. 97-333, eff. 8-12-11; 98-654, eff. 6-18-14.)
 

 

 

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1    (65 ILCS 5/8-4-25)  (from Ch. 24, par. 8-4-25)
2    Sec. 8-4-25. Subject to the requirements of the Bond Issue
3Notification Act, any municipality is authorized to issue from
4time to time full faith and credit general obligation notes in
5an amount not to exceed 85% of the specific taxes levied for
6the year during which and for which such notes are issued,
7provided no notes shall be issued in lieu of tax warrants for
8any tax at any time there are outstanding tax anticipation
9warrants against the specific taxes levied for the year. Such
10notes shall bear interest at a rate not to exceed the maximum
11rate authorized by the Bond Authorization Act, as amended at
12the time of the making of the contract, if issued before
13January 1, 1972 and not more than the maximum rate authorized
14by the Bond Authorization Act, as amended at the time of the
15making of the contract, if issued after January 1, 1972 and
16shall mature within two years from date. The first interest
17payment date on any such notes shall not be earlier than the
18delinquency date of the first installment of taxes levied to
19pay interest and principal of such notes. Notes may be issued
20for taxes levied for the following purposes:
21    (a) Corporate.
22    (b) For the payment of judgments.
23    (c) Public Library for Maintenance and Operation.
24    (d) Public Library for Buildings and Sites.
25    (e) Blank. Municipal Tuberculosis Sanitarium.

 

 

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1    (f) Relief (General Assistance).
2    In order to authorize and issue such notes, the corporate
3authorities shall adopt an ordinance fixing the amount of the
4notes, the date thereof, the maturity, rate of interest, place
5of payment and denomination, which shall be in equal multiples
6of $1,000, and provide for the levy and collection of a direct
7annual tax upon all the taxable property in the municipality
8sufficient to pay the principal of and interest on such notes
9as the same becomes due.
10    A certified copy of the ordinance authorizing the issuance
11of the notes shall be filed in the office of the County Clerk
12of the county in which the municipality is located, or if the
13municipality lies partly within two or more counties, a
14certified copy of the ordinance authorizing such notes shall
15be filed with the County Clerk of each of the respective
16counties, and it shall be the duty of the County Clerk, or
17County Clerks, whichever the case may be, to extend the tax
18therefor in addition to and in excess of all other taxes
19heretofore or hereafter authorized to be levied by such
20municipality.
21    From and after any such notes have been issued and while
22such notes are outstanding, it shall be the duty of the County
23Clerk or County Clerks, whichever the case may be, in
24computing the tax rate for the purpose for which the notes have
25been issued to reduce the tax rate levied for such purpose by
26the amount levied to pay the principal of and interest on the

 

 

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1notes to maturity, provided the tax rate shall not be reduced
2beyond the amount necessary to reimburse any money borrowed
3from the working cash fund, and it shall be the duty of the
4Clerk of the municipality annually, not less than thirty (30)
5days prior to the tax extension date, to certify to the County
6Clerk, or County Clerks, whichever the case may be, the amount
7of money borrowed from the working cash fund to be reimbursed
8from the specific tax levy.
9    No reimbursement shall be made to the working cash fund
10until there has been accumulated from the tax levy provided
11for the notes an amount sufficient to pay the principal of and
12interest on such notes as the same become due.
13    With respect to instruments for the payment of money
14issued under this Section either before, on, or after the
15effective date of this amendatory Act of 1989, it is and always
16has been the intention of the General Assembly (i) that the
17Omnibus Bond Acts are and always have been supplementary
18grants of power to issue instruments in accordance with the
19Omnibus Bond Acts, regardless of any provision of this Act
20that may appear to be or to have been more restrictive than
21those Acts, (ii) that the provisions of this Section are not a
22limitation on the supplementary authority granted by the
23Omnibus Bond Acts, and (iii) that instruments issued under
24this Section within the supplementary authority granted by the
25Omnibus Bond Acts are not invalid because of any provision of
26this Act that may appear to be or to have been more restrictive

 

 

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1than those Acts.
2(Source: P.A. 89-655, eff. 1-1-97.)
 
3    (65 ILCS 5/Art. 11 Div. 25 rep.)
4    (65 ILCS 5/Art. 11 Div. 29 rep.)
5    Section 15. The Illinois Municipal Code is amended by
6repealing Divisions 25 and 29 of Article 11.
 
7    Section 20. The Tuberculosis Sanitarium District Act is
8amended by changing Section 1 as follows:
 
9    (70 ILCS 920/1)  (from Ch. 23, par. 1701)
10    Sec. 1. Any area of contiguous territory lying wholly
11within one county but entirely outside the corporate limits of
12any city or village which has adopted Division 29 of Article 11
13of the "Illinois Municipal Code", approved May 29, 1961, as
14amended, may be incorporated as a tuberculosis sanitarium
15district in the following manner, to wit:
16    Any 100 legal voters residing within the limits of such
17proposed district may petition the circuit court for the
18county in which such proposed district lies, to cause the
19question to be submitted to the legal voters of such proposed
20district whether or not it shall be organized as a
21tuberculosis sanitarium district under this Act. Such petition
22shall be addressed to the court and shall contain a definite
23description of the territory intended to be embraced in such

 

 

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

 

 

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1on for hearing at the same time and it shall be found by the
2court that any of the territory embraced in any one of said
3petitions is included in or contiguous with the territory
4embraced in any other petition or petitions, the court may
5include all of the territory described in such petitions in
6one district and shall fix the name proposed in the petition
7first filed as the name for said district. After the entry of
8the order fixing and defining the boundaries and the name of
9such proposed district, it shall be the duty of the clerk of
10the circuit court to certify the order and the proposition to
11the proper election officials, who shall submit the
12proposition to the voters at an election in accordance with
13the general election law. In addition to the requirements of
14the general election law, the notice of the referendum shall
15contain a definite description of the territory intended to be
16embraced in such district, and the name of such district.
17(Source: P.A. 83-343.)
 
18    (70 ILCS 920/5.3 rep.)
19    Section 25. The Tuberculosis Sanitarium District Act is
20amended by repealing Section 5.3.".