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| Public Act 102-0587 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing | ||||
Section 5-25010 as follows:
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(55 ILCS 5/5-25010) (from Ch. 34, par. 5-25010)
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Sec. 5-25010. Annual tax levy. The county board of any | ||||
county which
has established and is maintaining a county or | ||||
multiple-county health
department shall, when authorized as | ||||
provided in Sections 5-25003 or
5-25004, levy annually | ||||
therefor, in excess of the statutory limit, a tax of
not to | ||||
exceed .1% of the value plus the additional tax, if | ||||
applicable,
provided for in Section 5-23002, or plus the | ||||
additional tax, if applicable,
provided for in Section 5.3 of | ||||
"An Act to provide for the creation and
management of | ||||
tuberculosis sanitarium districts", approved May 21, 1937, as | ||||
now
or hereafter amended, as equalized or assessed by the | ||||
Department of Revenue, of
all taxable property of the county, | ||||
which tax shall be levied and collected in
like manner as | ||||
general county taxes and shall be paid (except as provided in
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Section 5-25011) into the county treasury and held in the | ||||
County Health Fund
and shall be used only for the purposes of | ||||
this Division.
Where there is a county health department, the | ||||
County Health Fund
shall be drawn upon by the proper officers | ||
of the county upon the
properly authenticated vouchers of the | ||
county health department. Where
there is a multiple-county | ||
health department, the County Health Fund
shall be drawn upon | ||
by the treasurer of the board of health of the
multiple-county | ||
health department. In counties maintaining single county
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health departments, each county board shall appropriate from | ||
the County
Health Fund such sums of money as may be sufficient | ||
to fund the approved
budget of the county health department, | ||
so long as those sums have been set out
in the annual budget | ||
submitted to the county board by the county board
of health and | ||
that annual budget has been approved by the county board.
In | ||
counties with a population between 700,000 and 3,000,000, the | ||
county board
chairman has the power to veto or reduce any line | ||
item in the appropriation
ordinance for the county or | ||
multiple-county health
department as provided in Section | ||
5-1014.5.
Each county board of counties participating in the | ||
maintenance of a
multiple-county health department shall | ||
appropriate from the County
Health Fund and shall authorize | ||
the county treasurer to release
quarterly or more often to the | ||
treasurer of the board of health of the
multiple-county health | ||
department such sums of money as are in
accordance with the | ||
budget submitted by the multiple-county board of
health and | ||
approved by the county board of each of the participating
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counties as may be necessary to pay its agreed share for the | ||
maintenance
of the multiple-county health department. The | ||
treasurer of the board of
health of the multiple-county health | ||
department shall request by
voucher, quarterly or more often | ||
such sums of money from the county
treasurers of the | ||
respective member counties, and shall support such
requests | ||
with estimates of anticipated receipts and expenditures for | ||
the
period for which sums of money are requested and with | ||
statements of
receipts and expenditures for the preceding | ||
period. In addition, that
treasurer shall support the requests | ||
to the annual budget submitted by
the multiple-county public | ||
health board and approved by the county board
of each of the | ||
participating counties. No payment may be made from a
County | ||
Health Fund except on the basis of a budget item in a budget
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submitted by the appropriate public health board and approved | ||
by the
county board or boards concerned; however, amended or | ||
supplemental
budgets may be submitted and approved and thereby | ||
be the basis for such
a payment.
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(Source: P.A. 89-402, eff. 8-20-95.)
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Section 10. The Illinois Municipal Code is amended by | ||
changing Sections 8-3-1, 8-4-1, and 8-4-25 as follows:
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(65 ILCS 5/8-3-1) (from Ch. 24, par. 8-3-1)
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Sec. 8-3-1.
The corporate authorities may levy and collect | ||
taxes for
corporate purposes. They shall do this in the | ||
following manner:
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On or before the last Tuesday in December in each year,
the | ||
corporate authorities shall ascertain the total amount of
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appropriations legally made or budgeted for and any amount | ||
deemed
necessary to defray additional expenses and liabilities | ||
for all
corporate purposes to be provided for by the tax levy | ||
of that year.
Then, by an ordinance specifying in detail in the | ||
manner authorized for
the annual appropriation ordinance or | ||
budget of the municipality, the
purposes for which the | ||
appropriations, budgeting or such additional
amounts deemed | ||
necessary have been made and the amount assignable for
each | ||
purpose respectively, the corporate authorities shall levy | ||
upon all
property subject to taxation within the municipality | ||
as that property is
assessed and equalized for state and | ||
county purposes for the current
year.
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A certified copy of this ordinance shall be filed with the | ||
county
clerk of the proper county. He shall ascertain the rate | ||
per cent which,
upon the value of all property subject to | ||
taxation within the
municipality, as that property is assessed | ||
or equalized by the
Department of Revenue, will produce a net | ||
amount of not
less than the total amount so directed to be | ||
levied. The county clerk
shall extend this tax in a separate | ||
column upon the books of the
collector of state and county | ||
taxes within the municipality.
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However, in ascertaining the rate per cent in | ||
municipalities having a
population of 500,000 or more, the | ||
county clerk shall not add to the
amount of the tax so levied | ||
for any purpose any amount to cover the loss
and cost of | ||
collecting the tax, except in the case of amounts levied for
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the payment of bonded indebtedness, or interest thereon, and | ||
in the case
of amounts levied for the purposes of pension | ||
funds.
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Where the corporate limits of a municipality lie partly in | ||
2 or more
counties, the corporate authorities shall ascertain | ||
the total amount of
all taxable property lying within the | ||
corporate limits of that
municipality in each county, as the | ||
property is assessed or
equalized by the Department of Revenue | ||
for the current year, and
shall certify the amount of taxable | ||
property in each county within that
municipality under the | ||
seal of the municipality, to the county clerk of
the county | ||
where the seat of government of the municipality is situated.
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That county clerk shall ascertain the rate per cent which, | ||
upon the
total valuation of all property subject to taxation | ||
within that
municipality, ascertained as provided in this | ||
Section, will produce a
net amount not less than the total | ||
amount directed to be levied. As soon
as that rate per cent is | ||
ascertained, that clerk shall certify the rate
per cent under | ||
his signature and seal of office to the county clerk of each
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other county wherein a portion of that municipality is | ||
situated. A
county clerk to whom a rate per cent is certified | ||
shall extend the tax
in a separate column upon the books of the | ||
collector of state and county
taxes for his county against all | ||
property in his county within the
limits of that municipality.
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But in municipalities with 500,000 or more inhabitants, | ||
the aggregate
amount of taxes so levied exclusive of the | ||
amount levied for the payment
of bonded indebtedness, or | ||
interest thereon, and exclusive of taxes
levied for the | ||
payment of judgments, for which a special tax is
authorized by | ||
law, and exclusive of the amounts levied for the purposes
of | ||
pension funds, working cash fund, public library, municipal
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tuberculosis sanitarium, the propagation and preservation of | ||
community
trees, and exclusive of taxes levied pursuant to | ||
Section 19 of the
Illinois Emergency Services and Disaster | ||
Agency Act of 1975 and for the
general assistance for needy | ||
persons lawfully resident therein, shall not
exceed the | ||
estimated amount of taxes to be levied for each year for the
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purposes specified in Sections 8-2-2 through 8-2-5 and set | ||
forth in its
annual appropriation ordinance and in any | ||
supplemental appropriation
ordinance authorized by law for | ||
that year.
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In municipalities with less than 500,000 inhabitants, the | ||
aggregate
amount of taxes so levied for any one year, | ||
exclusive of the amount
levied for the payment of bonded | ||
indebtedness, or interest thereon, and
exclusive of taxes | ||
levied pursuant to Section 13 of the Illinois Civil
Defense | ||
Act of 1951 and exclusive of taxes authorized by this Code or | ||
other
Acts which by their terms provide that those taxes shall | ||
be in addition to
taxes for general purposes authorized under | ||
this Section, shall not exceed
the rate of .25%, or the rate | ||
limit in effect on July 1, 1967, whichever is
greater, and on a | ||
permanent basis, upon the aggregate valuation of all
property | ||
within the municipality subject to taxation therein, as the
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property is equalized or assessed by the Department of Revenue | ||
for the
current year. However, if the maximum rate of such | ||
municipality for general
corporate purposes is less than .20% | ||
on July 1, 1967, the corporate
authorities may, without | ||
referendum, increase such maximum rate not to
exceed .25%; but | ||
such maximum rate shall not be raised by more than 1/2 of
such | ||
increase in any one year.
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However, if the corporate authorities of a municipality | ||
with less
than 500,000 inhabitants desire to levy in any one | ||
year more than .25%,
or the rate limit in effect on July 1, | ||
1967, whichever is greater, and
on a permanent basis, but not | ||
more than .4375% for general corporate
purposes, exclusive of | ||
the amount levied for the payment of bonded
indebtedness, or | ||
interest thereon, and exclusive of taxes authorized by
this | ||
Code or other Acts which by their terms provide that those | ||
taxes
shall be in addition to taxes for general purposes | ||
authorized under this
Section the corporate authorities, by | ||
ordinance, stating the per cent
so desired, may order a | ||
proposition for the additional amount to be
submitted to the | ||
electors of that municipality at any election. The clerk
shall | ||
certify the proposition to the proper election authority who | ||
shall
submit the question to the electors at such election. If | ||
a majority of the
votes cast on the proposition are in favor of | ||
the proposition, the
corporate authorities of that | ||
municipality may levy annually for general
corporate purposes, | ||
exclusive of the amount levied for the payment of
bonded | ||
indebtedness, or interest thereon, and exclusive of taxes | ||
authorized
by this Code or other Acts which by their terms | ||
provide that those taxes
are in addition to taxes for general | ||
purposes authorized under this
Section a tax in excess of | ||
.25%, or the rate in effect on July 1, 1967,
whichever is | ||
greater, and on a permanent basis, but not exceeding the per
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cent mentioned in the proposition.
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Any municipality voting after August 1, 1969, to increase | ||
its rate
limitation for general corporate purposes under this | ||
Section shall
establish such increased rate limitation on an | ||
ongoing basis unless
otherwise changed by referendum.
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In municipalities that are not home rule units, any funds | ||
on hand at the
end of the fiscal year, which funds are not | ||
pledged for or allocated to a
particular purpose, may by | ||
action of the corporate authorities be
transferred to the | ||
capital improvement fund and accumulated therein, but
the | ||
total amount accumulated in such fund may not exceed 3% of the
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aggregate assessed valuation of all taxable property in the | ||
municipality.
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(Source: P.A. 87-17.)
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(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
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Sec. 8-4-1.
No bonds shall be issued by the corporate | ||
authorities
of any municipality until the question of | ||
authorizing such bonds has
been submitted to the electors of | ||
that municipality
provided that notice of the bond referendum, | ||
if
held before July 1, 1999,
has been given in accordance with | ||
the provisions of Section
12-5
of the Election Code in effect | ||
at the time of the bond referendum, at least
10 and not more | ||
than 45 days before the date of
the election, notwithstanding | ||
the time for publication otherwise imposed by
Section 12-5,
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and approved by a
majority of the electors voting upon that | ||
question.
Notices required in connection with the submission | ||
of public questions
on or after July 1, 1999 shall be as set | ||
forth in Section 12-5 of the Election
Code.
The clerk shall | ||
certify
the proposition of the corporate authorities to the | ||
proper election
authority who shall submit the question at an | ||
election in accordance with
the general election law, subject | ||
to the notice provisions set forth in this
Section.
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Notice of any such election shall contain the amount of | ||
the bond
issue, purpose for which issued, and maximum rate of | ||
interest.
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In addition to all other authority to issue bonds, the | ||
Village of Indian Head Park is authorized to issue bonds for | ||
the purpose of paying the costs of making roadway improvements | ||
in an amount not to exceed the aggregate principal amount of | ||
$2,500,000, provided that 60% of the votes cast at the general | ||
primary election held on March 18, 2014 are cast in favor of | ||
the issuance of the bonds, and the bonds are issued by December | ||
31, 2014. | ||
However, without the submission of the question of issuing | ||
bonds to the
electors, the corporate authorities of any | ||
municipality may authorize the
issuance of any of the | ||
following bonds:
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(1) Bonds to refund any existing bonded indebtedness;
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(2) Bonds to fund or refund any existing judgment | ||
indebtedness;
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(3) In any municipality of less than 500,000 | ||
population, bonds to
anticipate the collection of | ||
installments of special assessments and
special taxes | ||
against property owned by the municipality and to
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anticipate the collection of the amount apportioned to the | ||
municipality
as public benefits under Article 9;
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(4) Bonds issued by any municipality under Sections | ||
8-4-15 through
8-4-23, 11-23-1 through 11-23-12, 11-26-1 | ||
11-25-1 through 11-26-6, 11-71-1
through 11-71-10, | ||
11-74.3-1 through 11-74.3-7, 11-74.4-1 through 11-74.4-11, | ||
11-74.5-1 through
11-74.5-15,
11-94-1 through 11-94-7, | ||
11-102-1 through 11-102-10,
11-103-11 through 11-103-15, | ||
11-118-1 through 11-118-6, 11-119-1 through
11-119-5, | ||
11-129-1 through 11-129-7, 11-133-1 through 11-133-4, | ||
11-139-1
through 11-139-12, 11-141-1 through 11-141-18 of | ||
this Code or 10-801
through 10-808 of the Illinois Highway | ||
Code, as amended;
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(5) Bonds issued by the board of education of any | ||
school district
under the provisions of Sections 34-30 | ||
through 34-36 of The School Code,
as amended;
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(6) Bonds issued by any municipality under the | ||
provisions of
Division 6 of this Article 8; and by any | ||
municipality under the
provisions of Division 7 of this | ||
Article 8; or under the provisions of
Sections 11-121-4 | ||
and 11-121-5;
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(7) Bonds to pay for the purchase of voting machines | ||
by any
municipality that has adopted Article 24 of The | ||
Election Code, approved
May 11, 1943, as amended;
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(8) Bonds issued by any municipality under Sections 15 | ||
and 46 of the
"Environmental Protection Act", approved | ||
June 29, 1970;
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(9) Bonds issued by the corporate authorities of any | ||
municipality
under the provisions of Section 8-4-25 of | ||
this Article 8;
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(10) Bonds issued under Section 8-4-26 of this Article | ||
8 by any
municipality having a board of election | ||
commissioners;
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(11) Bonds issued under the provisions of "An Act to | ||
provide the
manner of levying or imposing taxes for the | ||
provision of special
services to areas within the | ||
boundaries of home rule units and nonhome
rule | ||
municipalities and counties", approved September 21, 1973;
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(12) Bonds issued under Section 8-5-16 of this Code;
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(13) Bonds to finance the cost of the acquisition, | ||
construction or
improvement of water or wastewater | ||
treatment facilities mandated by an
enforceable compliance | ||
schedule developed in connection with the federal
Clean | ||
Water Act or a compliance order issued by the United | ||
States
Environmental Protection Agency or the Illinois | ||
Pollution Control Board;
provided that such bonds are | ||
authorized by an ordinance adopted by a
three-fifths | ||
majority of the corporate authorities of the municipality
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issuing the bonds which ordinance shall specify that the | ||
construction or
improvement of such facilities is | ||
necessary to alleviate an emergency
condition in such | ||
municipality;
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(14) Bonds issued by any municipality pursuant to | ||
Section
11-113.1-1;
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(15) Bonds issued under Sections 11-74.6-1 through | ||
11-74.6-45, the
Industrial Jobs Recovery Law of this Code;
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(16) Bonds issued under the Innovation Development and | ||
Economy Act, except as may be required by Section 35 of | ||
that Act. | ||
(Source: P.A. 97-333, eff. 8-12-11; 98-654, eff. 6-18-14.)
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(65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
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Sec. 8-4-25.
Subject to the requirements of the Bond Issue | ||
Notification
Act, any municipality is authorized to issue from | ||
time to time
full faith and credit general obligation notes in | ||
an amount not to exceed
85% of the specific taxes levied for | ||
the year during which and for which
such notes are issued, | ||
provided no notes shall be issued in lieu of tax
warrants for | ||
any tax at any time there are outstanding tax anticipation
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warrants against the specific taxes levied for the year. Such | ||
notes shall
bear interest at a rate not to exceed the maximum | ||
rate authorized by the
Bond Authorization Act, as amended at | ||
the time of the making of the
contract, if issued before | ||
January 1, 1972 and not more than the maximum
rate authorized | ||
by the Bond Authorization Act, as amended at the time of
the | ||
making of the contract, if issued after January 1, 1972 and | ||
shall
mature within two years from date. The first interest | ||
payment date on any
such notes shall not be earlier than the | ||
delinquency date of the first
installment of taxes levied to | ||
pay interest and principal of such notes.
Notes may be issued | ||
for taxes levied for the following purposes:
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(a) Corporate.
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(b) For the payment of judgments.
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(c) Public Library for Maintenance and Operation.
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(d) Public Library for Buildings and Sites.
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(e) Blank. Municipal Tuberculosis Sanitarium.
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(f) Relief (General Assistance).
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In order to authorize and issue such notes, the corporate | ||
authorities
shall adopt an ordinance fixing the amount of the | ||
notes, the date
thereof, the maturity, rate of interest, place | ||
of payment and
denomination, which shall be in equal multiples | ||
of $1,000, and provide
for the levy and collection of a direct | ||
annual tax upon all the taxable
property in the municipality | ||
sufficient to pay the principal of and
interest on such notes | ||
as the same becomes due.
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A certified copy of the ordinance authorizing the issuance | ||
of the
notes shall be filed in the office of the County Clerk | ||
of the county in
which the municipality is located, or if the | ||
municipality lies partly
within two or more counties, a | ||
certified copy of the ordinance
authorizing such notes shall | ||
be filed with the County Clerk of each of
the respective | ||
counties, and it shall be the duty of the County Clerk,
or | ||
County Clerks, whichever the case may be, to extend the tax | ||
therefor
in addition to and in excess of all other taxes | ||
heretofore or hereafter
authorized to be levied by such | ||
municipality.
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From and after any such notes have been issued and while | ||
such notes
are outstanding, it shall be the duty of the County | ||
Clerk or County
Clerks, whichever the case may be, in | ||
computing the tax rate for the
purpose for which the notes have | ||
been issued to reduce the tax rate
levied for such purpose by | ||
the amount levied to pay the principal of and
interest on the | ||
notes to maturity, provided the tax rate shall not be
reduced | ||
beyond the amount necessary to reimburse any money borrowed | ||
from
the working cash fund, and it shall be the duty of the | ||
Clerk of the
municipality annually, not less than thirty (30) | ||
days prior to the tax
extension date, to certify to the County | ||
Clerk, or County Clerks,
whichever the case may be, the amount | ||
of money borrowed from the working
cash fund to be reimbursed | ||
from the specific tax levy.
| ||
No reimbursement shall be made to the working cash fund | ||
until there
has been accumulated from the tax levy provided | ||
for the notes an amount
sufficient to pay the principal of and | ||
interest on such notes as the
same become due.
| ||
With respect to instruments for the payment of money | ||
issued under this
Section either before, on, or after the | ||
effective date of this amendatory
Act of 1989, it is and always | ||
has been the intention of the General
Assembly (i) that the | ||
Omnibus Bond Acts are and always have been supplementary
| ||
grants of power to issue instruments in accordance with the | ||
Omnibus Bond
Acts, regardless of any provision of this Act | ||
that may appear to be or to
have been more restrictive than | ||
those Acts, (ii) that the provisions of
this Section are not a | ||
limitation on the supplementary authority granted by
the | ||
Omnibus Bond Acts, and (iii) that instruments issued under | ||
this Section
within the supplementary authority granted by the | ||
Omnibus Bond Acts are not
invalid because of any provision of | ||
this Act that may appear to be or to
have been more restrictive | ||
than those Acts.
| ||
(Source: P.A. 89-655, eff. 1-1-97.)
| ||
(65 ILCS 5/Art. 11 Div. 25 rep.) | ||
(65 ILCS 5/Art. 11 Div. 29 rep.) | ||
Section 15. The Illinois Municipal Code is amended by | ||
repealing Divisions 25 and 29 of Article 11. | ||
Section 20. The Tuberculosis Sanitarium District Act is | ||
amended by changing Section 1 as follows:
| ||
(70 ILCS 920/1) (from Ch. 23, par. 1701)
| ||
Sec. 1.
Any area of contiguous territory lying wholly | ||
within one
county but entirely outside the corporate limits of | ||
any city or village
which has adopted Division 29 of Article 11 | ||
of the "Illinois Municipal
Code", approved May 29, 1961, as | ||
amended, may be incorporated as a
tuberculosis sanitarium | ||
district in the following manner, to wit:
| ||
Any 100 legal voters residing within the limits of such | ||
proposed
district may petition the circuit court for the | ||
county in which such
proposed district lies, to cause the | ||
question to be submitted to the
legal voters of such proposed | ||
district whether or not it shall be
organized as a | ||
tuberculosis sanitarium district under this Act. Such
petition | ||
shall be addressed to the court and shall contain a definite
| ||
description of the territory intended to be embraced in such | ||
district,
and the name of such district. Upon the filing of | ||
such petition in the office
of the clerk of the court of the | ||
county in which such territory is situated,
it shall be the | ||
duty of such court to fix a day and hour for the public
| ||
consideration thereof, which shall not be less than 15 days | ||
after the filing
of such petition. Such court shall cause a | ||
notice of the time and place
of such public consideration to be | ||
published 3 successive days in some newspaper
having a general | ||
circulation in the territory proposed to be placed in such
| ||
district. The date of the last publication of such notice | ||
shall not be less
than 5 days prior to the time set for such | ||
public hearing. At the time
and place fixed for such
public | ||
hearing the court shall sit and hear any resident or person | ||
owning property
in such proposed district who desires to be | ||
heard, and if the court
finds that all of the provisions of | ||
this Act have been complied with, it
shall cause to be entered | ||
of record, an order
fixing and defining
the boundaries and the | ||
name of such proposed district in accordance with
the prayer | ||
of the petition. In the event that any other petition or
| ||
petitions for the organization of a tuberculosis sanitarium | ||
district or
districts in the same county shall be filed under | ||
this Act before the
time fixed for the public hearing of the | ||
first petition, the court shall
postpone the public | ||
consideration of the first petition so that the
hearing of all | ||
said petitions shall be set for the same day and hour.
| ||
Should 2 or more petitions be filed under this Act and come | ||
on for
hearing at the same time and it shall be found by the | ||
court that any of
the territory embraced in any one of said | ||
petitions is included in or
contiguous with the territory | ||
embraced in any other petition or
petitions, the court may | ||
include all of the territory described in such
petitions in | ||
one district and shall fix the name proposed in the
petition | ||
first filed as the name for said district. After the entry of
| ||
the order fixing and defining the boundaries and the name of | ||
such
proposed district, it shall be the duty of the clerk of | ||
the circuit court
to certify the order and the proposition to | ||
the proper election officials,
who shall submit the | ||
proposition to the voters at an election in accordance
with | ||
the general election law. In addition to the requirements of | ||
the general
election law, the notice of the referendum shall | ||
contain a definite description
of the territory intended to be | ||
embraced in such district, and the name
of such district.
| ||
(Source: P.A. 83-343.)
| ||
(70 ILCS 920/5.3 rep.)
| ||
Section 25. The Tuberculosis Sanitarium District Act is | ||
amended by repealing Section 5.3. | ||