Bill Text: IL SB0102 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes: Repeals the Contagious Disease Hospitals In Cities Of 500,000 Or More Division of the Illinois Municipal Code. Further amends the Illinois Municipal Code making a conforming change.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-15 - Rule 19(a) / Re-referred to Rules Committee [SB0102 Detail]

Download: Illinois-2021-SB0102-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-25010 as follows:
(55 ILCS 5/5-25010) (from Ch. 34, par. 5-25010)
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
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

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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
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
counties as may be necessary to pay its agreed share for the
maintenance of the multiple-county health department. The

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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
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.
(Source: P.A. 89-402, eff. 8-20-95.)
Section 10. The Illinois Municipal Code is amended by
changing Sections 8-3-1, 8-4-1, and 8-4-25 as follows:
(65 ILCS 5/8-3-1) (from Ch. 24, par. 8-3-1)
Sec. 8-3-1. The corporate authorities may levy and collect
taxes for corporate purposes. They shall do this in the
following manner:
On or before the last Tuesday in December in each year, the

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corporate authorities shall ascertain the total amount of
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.
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.
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

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collecting the tax, except in the case of amounts levied for
the payment of bonded indebtedness, or interest thereon, and
in the case of amounts levied for the purposes of pension
funds.
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.
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
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.
But in municipalities with 500,000 or more inhabitants,

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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
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
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.
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

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permanent basis, upon the aggregate valuation of all property
within the municipality subject to taxation therein, as the
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.
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

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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
cent mentioned in the proposition.
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.
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
aggregate assessed valuation of all taxable property in the
municipality.
(Source: P.A. 87-17.)
(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
Sec. 8-4-1. No bonds shall be issued by the corporate
authorities of any municipality until the question of

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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,
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.
Notice of any such election shall contain the amount of
the bond issue, purpose for which issued, and maximum rate of
interest.
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.

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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:
(1) Bonds to refund any existing bonded indebtedness;
(2) Bonds to fund or refund any existing judgment
indebtedness;
(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
anticipate the collection of the amount apportioned to the
municipality as public benefits under Article 9;
(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;
(5) Bonds issued by the board of education of any
school district under the provisions of Sections 34-30

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through 34-36 of The School Code, as amended;
(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;
(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;
(8) Bonds issued by any municipality under Sections 15
and 46 of the "Environmental Protection Act", approved
June 29, 1970;
(9) Bonds issued by the corporate authorities of any
municipality under the provisions of Section 8-4-25 of
this Article 8;
(10) Bonds issued under Section 8-4-26 of this Article
8 by any municipality having a board of election
commissioners;
(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;
(12) Bonds issued under Section 8-5-16 of this Code;
(13) Bonds to finance the cost of the acquisition,
construction or improvement of water or wastewater

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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
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;
(14) Bonds issued by any municipality pursuant to
Section 11-113.1-1;
(15) Bonds issued under Sections 11-74.6-1 through
11-74.6-45, the Industrial Jobs Recovery Law of this Code;
(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.)
(65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
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,

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provided no notes shall be issued in lieu of tax warrants for
any tax at any time there are outstanding tax anticipation
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:
(a) Corporate.
(b) For the payment of judgments.
(c) Public Library for Maintenance and Operation.
(d) Public Library for Buildings and Sites.
(e) Blank. Municipal Tuberculosis Sanitarium.
(f) Relief (General Assistance).
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

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sufficient to pay the principal of and interest on such notes
as the same becomes due.
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.
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

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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.

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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

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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

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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.)