Full Text of SB0550 99th General Assembly
SB0550enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by adding | 5 | | Division 150.1 to Article 11 as follows: | 6 | | (65 ILCS 5/Art. 11 Div. 150.1 heading new) | 7 | | DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE | 8 | | (65 ILCS 5/11-150.1-1 new) | 9 | | Sec. 11-150.1-1. Lead hazard cost recovery fee. The | 10 | | corporate authorities of any municipality that operates a | 11 | | waterworks system and that incurs reasonable costs to comply | 12 | | with Section 35.5 of the Illinois Plumbing License Law shall | 13 | | have the authority, by ordinance, to collect a fair and | 14 | | reasonable fee from users of the system in order to recover | 15 | | those reasonable costs. Fees collected pursuant to this Section | 16 | | shall be used exclusively for the purpose of complying with | 17 | | Section 35.5 of the Illinois Plumbing License Law. | 18 | | Section 10. The School Code is amended by changing Sections | 19 | | 17-2.11 and 17-2A as follows: | 20 | | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) |
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| 1 | | Sec. 17-2.11. School board power to levy a tax or to borrow | 2 | | money and
issue bonds for fire prevention, safety, energy | 3 | | conservation,
accessibility, school security, and specified | 4 | | repair purposes. | 5 | | (a) Whenever, as a
result of any lawful order of any | 6 | | agency,
other than a school board, having authority to enforce | 7 | | any school building code
applicable to any facility that houses | 8 | | students, or any law or regulation for
the protection and | 9 | | safety of the environment, pursuant to the Environmental
| 10 | | Protection Act, any school district having a population of less | 11 | | than 500,000
inhabitants is required to alter or reconstruct | 12 | | any school building or
permanent, fixed equipment; the district | 13 | | may, by proper resolution, levy a tax for the purpose of making | 14 | | such alteration or reconstruction, based on a survey report by | 15 | | an architect or engineer licensed in this State, upon all of | 16 | | the taxable property of the district at the value as assessed | 17 | | by the Department of Revenue and at a rate not to exceed 0.05% | 18 | | per year for a period sufficient to finance such alteration or | 19 | | reconstruction, upon the following conditions: | 20 | | (1) When there are not sufficient funds available in | 21 | | the operations and maintenance fund of the school district, | 22 | | the school facility occupation tax fund of the district, or | 23 | | the fire prevention and safety fund of the district, as | 24 | | determined by the district on the basis of rules adopted by | 25 | | the State Board of Education, to make such alteration or | 26 | | reconstruction or to purchase and install such permanent, |
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| 1 | | fixed equipment so ordered or determined as necessary. | 2 | | Appropriate school district records must be made available | 3 | | to the State Superintendent of Education, upon request, to | 4 | | confirm this insufficiency. | 5 | | (2) When a certified estimate of an architect or | 6 | | engineer licensed in this State stating the estimated | 7 | | amount necessary to make the alteration or reconstruction | 8 | | or to purchase and install the equipment so ordered has | 9 | | been secured by the school district, and the estimate has | 10 | | been approved by the regional superintendent of schools | 11 | | having jurisdiction over the district and the State | 12 | | Superintendent of Education. Approval must not be granted | 13 | | for any work that has already started without the prior | 14 | | express authorization of the State Superintendent of | 15 | | Education. If the estimate is not approved or is denied | 16 | | approval by the regional superintendent of schools within 3 | 17 | | months after the date on which it is submitted to him or | 18 | | her, the school board of the district may submit the | 19 | | estimate directly to the State Superintendent of Education | 20 | | for approval or denial. | 21 | | In the case of an emergency situation, where the estimated | 22 | | cost to effectuate emergency repairs is less than the amount | 23 | | specified in Section 10-20.21 of this Code, the school district | 24 | | may proceed with such repairs prior to approval by the State | 25 | | Superintendent of Education, but shall comply with the | 26 | | provisions of subdivision (2) of this subsection (a) as soon |
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| 1 | | thereafter as may be as well as Section 10-20.21 of this Code. | 2 | | If the estimated cost to effectuate emergency repairs is | 3 | | greater than the amount specified in Section 10-20.21 of this | 4 | | Code, then the school district shall proceed in conformity with | 5 | | Section 10-20.21 of this Code and with rules established by the | 6 | | State Board of Education to address such situations. The rules | 7 | | adopted by the State Board of Education to deal with these | 8 | | situations shall stipulate that emergency situations must be | 9 | | expedited and given priority consideration. For purposes of | 10 | | this paragraph, an emergency is a situation that presents an | 11 | | imminent and continuing threat to the health and safety of | 12 | | students or other occupants of a facility, requires complete or | 13 | | partial evacuation of a building or part of a building, or | 14 | | consumes one or more of the 5 emergency days built into the | 15 | | adopted calendar of the school or schools or would otherwise be | 16 | | expected to cause such school or schools to fall short of the | 17 | | minimum school calendar requirements. | 18 | | (b) Whenever any such district determines that
it is | 19 | | necessary for energy conservation purposes that any school | 20 | | building
or permanent, fixed equipment should be altered or | 21 | | reconstructed and
that such alterations or reconstruction will | 22 | | be made with funds not necessary
for the completion of approved | 23 | | and recommended projects contained in any safety
survey report | 24 | | or amendments thereto authorized by Section 2-3.12 of this Act; | 25 | | the district may levy a tax or issue bonds as provided in | 26 | | subsection (a) of this Section. |
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| 1 | | (c) Whenever
any such district determines that it is | 2 | | necessary for accessibility purposes and to comply with the | 3 | | school building
code that any
school building or equipment | 4 | | should be altered or reconstructed and that such
alterations or | 5 | | reconstruction will be made with
funds not necessary for the | 6 | | completion of approved and recommended projects
contained in | 7 | | any safety survey report or amendments thereto authorized under
| 8 | | Section 2-3.12 of this Act, the district may levy a tax or | 9 | | issue bonds as provided in subsection (a) of this Section. | 10 | | (d) Whenever any such district determines that it is
| 11 | | necessary for school
security purposes and the related | 12 | | protection and safety of pupils and school
personnel that any | 13 | | school building or property should be altered or
reconstructed | 14 | | or that security systems and equipment (including but not | 15 | | limited
to intercom, early detection and warning, access | 16 | | control and television
monitoring systems) should be purchased | 17 | | and installed, and that such
alterations, reconstruction or | 18 | | purchase and installation of equipment will be
made with funds | 19 | | not necessary for the completion of approved and recommended
| 20 | | projects contained in any safety survey report or amendment | 21 | | thereto authorized
by Section 2-3.12 of this Act and will deter | 22 | | and prevent unauthorized entry or
activities upon school | 23 | | property by unknown or dangerous persons, assure early
| 24 | | detection and advance warning of any such actual or attempted | 25 | | unauthorized
entry or activities and help assure the continued | 26 | | safety of pupils and school
staff if any such unauthorized |
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| 1 | | entry or activity is attempted or occurs;
the district may levy | 2 | | a tax or issue bonds as provided in subsection (a) of this | 3 | | Section. | 4 | | (e) If a school district does not need funds for other fire | 5 | | prevention and
safety projects, including the completion of | 6 | | approved and recommended projects
contained in any safety | 7 | | survey report or amendments thereto authorized by
Section | 8 | | 2-3.12 of this Act, and it is determined after a public hearing | 9 | | (which
is preceded by at least one published notice (i) | 10 | | occurring at least 7 days
prior to the hearing in a newspaper | 11 | | of general circulation within the school
district and (ii) | 12 | | setting forth the time, date, place, and general subject
matter | 13 | | of the hearing) that there is a
substantial, immediate, and | 14 | | otherwise unavoidable threat to the health, safety,
or welfare | 15 | | of pupils due to disrepair of school sidewalks, playgrounds, | 16 | | parking
lots, or school bus turnarounds and repairs must be | 17 | | made; then the district may levy a tax or issue bonds as | 18 | | provided in subsection (a) of this Section. | 19 | | (f) For purposes of this Section a school district may | 20 | | replace a school
building or build additions to replace | 21 | | portions of a building when it is
determined that the | 22 | | effectuation of the recommendations for the existing
building | 23 | | will cost more than the replacement costs. Such determination | 24 | | shall
be based on a comparison of estimated costs made by an | 25 | | architect or engineer
licensed in the State of Illinois. The | 26 | | new building or addition shall be
equivalent in area (square |
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| 1 | | feet) and comparable in purpose and grades served
and may be on | 2 | | the same site or another site. Such replacement may only be | 3 | | done
upon order of the regional superintendent of schools and | 4 | | the approval of the
State Superintendent of Education. | 5 | | (g) The filing of a certified copy of the resolution | 6 | | levying the tax when
accompanied by the certificates of the | 7 | | regional superintendent of schools and
State Superintendent of | 8 | | Education shall be the authority of the county clerk to
extend | 9 | | such tax. | 10 | | (h) The county clerk of the county in which any school | 11 | | district levying a
tax under the authority of this Section is | 12 | | located, in reducing raised
levies, shall not consider any such | 13 | | tax as a part of the general levy
for school purposes and shall | 14 | | not include the same in the limitation of
any other tax rate | 15 | | which may be extended. | 16 | | Such tax shall be levied and collected in like manner as | 17 | | all other
taxes of school districts, subject to the provisions | 18 | | contained in this Section. | 19 | | (i) The tax rate limit specified in this Section may be | 20 | | increased to .10%
upon the approval of a proposition to effect | 21 | | such increase by a majority
of the electors voting on that | 22 | | proposition at a regular scheduled election.
Such proposition | 23 | | may be initiated by resolution of the school board and
shall be | 24 | | certified by the secretary to the proper election authorities | 25 | | for
submission in accordance with the general election law. | 26 | | (j) When taxes are levied by any school district for fire |
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| 1 | | prevention,
safety, energy conservation, and school security | 2 | | purposes as specified in this
Section, and the purposes for | 3 | | which the taxes have been
levied are accomplished and paid in | 4 | | full, and there remain funds on hand in
the Fire Prevention and | 5 | | Safety Fund from the proceeds of the taxes levied,
including | 6 | | interest earnings thereon, the school board by resolution shall | 7 | | use
such excess and other board restricted funds, excluding | 8 | | bond proceeds and
earnings from such proceeds, as follows: | 9 | | (1) for other authorized fire prevention,
safety, | 10 | | energy conservation, required safety inspections, and | 11 | | school security purposes , sampling for lead in drinking | 12 | | water in schools, and for repair and mitigation due to lead | 13 | | levels in the drinking water supply and for required safety | 14 | | inspections ;
or | 15 | | (2) for transfer to the Operations and Maintenance Fund
| 16 | | for the purpose of abating an equal amount of operations | 17 | | and maintenance
purposes taxes. | 18 | | Notwithstanding subdivision (2) of this subsection (j) and | 19 | | subsection (k) of this Section, through June 30, 2019, the | 20 | | school board
may, by proper resolution following a public | 21 | | hearing set by the
school board or the president of the school | 22 | | board (that is
preceded (i) by at least one published notice | 23 | | over the name of
the clerk or secretary of the board, occurring | 24 | | at least 7 days
and not more than 30 days prior to the hearing, | 25 | | in a newspaper
of general circulation within the school | 26 | | district and (ii) by
posted notice over the name of the clerk |
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| 1 | | or secretary of the
board, at least 48 hours before the | 2 | | hearing, at the principal
office of the school board or at the | 3 | | building where the hearing
is to be held if a principal office | 4 | | does not exist, with both
notices setting forth the time, date, | 5 | | place, and subject matter
of the hearing), transfer surplus | 6 | | life safety taxes and interest earnings thereon to the | 7 | | Operations and Maintenance Fund for building repair work. | 8 | | (k) If any transfer is made to the Operation and | 9 | | Maintenance
Fund, the secretary of the school board shall | 10 | | within 30 days notify
the county clerk of the amount of that | 11 | | transfer and direct the clerk to
abate the taxes to be extended | 12 | | for the purposes of operations and
maintenance authorized under | 13 | | Section 17-2 of this Act by an amount equal
to such transfer. | 14 | | (l) If the proceeds from the tax levy authorized by this
| 15 | | Section are insufficient to complete the work approved under | 16 | | this
Section, the school board is authorized to sell bonds | 17 | | without referendum
under the provisions of this Section in an | 18 | | amount that, when added to the
proceeds of the tax levy | 19 | | authorized by this Section, will allow completion
of the | 20 | | approved work. | 21 | | (m) Any bonds issued pursuant to this Section shall bear | 22 | | interest at a rate not to exceed the maximum rate
authorized by | 23 | | law at the time of the making of the contract, shall mature
| 24 | | within 20 years from date, and shall be signed by the president | 25 | | of the school
board and the treasurer of the school district. | 26 | | (n) In order to authorize and issue such bonds, the school |
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| 1 | | board shall adopt
a resolution fixing the amount of bonds, the | 2 | | date thereof, the maturities
thereof, rates of interest | 3 | | thereof, place of payment and denomination,
which shall be in | 4 | | denominations of not less than $100 and not more than
$5,000, | 5 | | and provide for the levy and collection of a direct annual tax | 6 | | upon
all the taxable property in the school district sufficient | 7 | | to pay the
principal and interest on such bonds to maturity. | 8 | | Upon the filing in the
office of the county clerk of the county | 9 | | in which the school district is
located of a certified copy of | 10 | | the resolution, it is the duty of the
county clerk to extend | 11 | | the tax therefor in addition to and in excess of all
other | 12 | | taxes heretofore or hereafter authorized to be
levied by such | 13 | | school district. | 14 | | (o) After the time such bonds are issued as provided for by | 15 | | this Section, if
additional alterations or reconstructions are | 16 | | required to be made because
of surveys conducted by an | 17 | | architect or engineer licensed in the State of
Illinois, the | 18 | | district may levy a tax at a rate not to exceed .05% per year
| 19 | | upon all the taxable property of the district or issue | 20 | | additional bonds,
whichever action shall be the most feasible. | 21 | | (p) This Section is cumulative and constitutes complete | 22 | | authority for the
issuance of bonds as provided in this Section | 23 | | notwithstanding any other
statute or law to the contrary. | 24 | | (q) With respect to instruments for the payment of money | 25 | | issued under this
Section either before, on, or after the | 26 | | effective date of Public Act 86-004
(June 6, 1989), it is, and |
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| 1 | | always has been, the intention of the General
Assembly (i) that | 2 | | the Omnibus Bond Acts are, and always have been,
supplementary | 3 | | grants of power to issue instruments in accordance with the
| 4 | | Omnibus Bond Acts, regardless of any provision of this Act that | 5 | | may appear
to be or to have been more restrictive than those | 6 | | Acts, (ii) that the
provisions of this Section are not a | 7 | | limitation on the supplementary
authority granted by the | 8 | | Omnibus Bond Acts, and (iii) that instruments
issued under this | 9 | | Section within the supplementary authority granted by the
| 10 | | Omnibus Bond Acts are not invalid because of any provision of | 11 | | this Act that
may appear to be or to have been more restrictive | 12 | | than those Acts. | 13 | | (r) When the purposes for which the bonds are issued have | 14 | | been accomplished
and paid for in full and there remain funds | 15 | | on hand from the proceeds of
the bond sale and interest | 16 | | earnings therefrom, the board shall, by
resolution, use such | 17 | | excess funds in accordance with the provisions of
Section | 18 | | 10-22.14 of this Act. | 19 | | (s) Whenever any tax is levied or bonds issued for fire | 20 | | prevention, safety,
energy conservation, and school security | 21 | | purposes, such proceeds shall be
deposited and accounted for | 22 | | separately within the Fire Prevention and Safety
Fund. | 23 | | (Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; | 24 | | 99-143, eff. 7-27-15; 99-713, eff. 8-5-16.)
| 25 | | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
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| 1 | | Sec. 17-2A. Interfund transfers. | 2 | | (a) The school board of any district having a population of | 3 | | less than
500,000 inhabitants may, by proper resolution | 4 | | following a public hearing
set by the school board or the | 5 | | president of the school board
(that is preceded (i) by at least | 6 | | one published notice over the name of
the clerk
or secretary of | 7 | | the board, occurring at least 7 days and not more than 30
days
| 8 | | prior to the hearing, in a newspaper of general circulation | 9 | | within the
school
district and (ii) by posted notice over the | 10 | | name of the clerk or secretary of
the board, at least 48 hours | 11 | | before the hearing, at the principal office of the
school board | 12 | | or at the building where the hearing is to be held if a | 13 | | principal
office does not exist, with both notices setting | 14 | | forth the time, date, place,
and subject matter of the
| 15 | | hearing), transfer money from (1) the Educational Fund to the | 16 | | Operations
and
Maintenance Fund or the Transportation Fund, (2) | 17 | | the Operations and
Maintenance Fund to the Educational Fund or | 18 | | the Transportation Fund, or (3) the
Transportation Fund to the | 19 | | Educational Fund or the Operations and Maintenance
Fund , or (4) | 20 | | the Tort Immunity Fund to the Operations and Maintenance Fund | 21 | | of said
district,
provided that, except during the period from | 22 | | July 1, 2003 through June 30, 2019, such transfer is made | 23 | | solely for the purpose of meeting one-time,
non-recurring | 24 | | expenses. Except during the period from July 1, 2003 through
| 25 | | June 30, 2019 and except as otherwise provided in subsection | 26 | | (b) of this Section, any other permanent interfund transfers |
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| 1 | | authorized
by any provision or judicial interpretation of this | 2 | | Code for which the
transferee fund is not precisely and | 3 | | specifically set forth in the provision of
this Code | 4 | | authorizing such transfer shall be made to the fund of the | 5 | | school
district most in need of the funds being transferred, as | 6 | | determined by
resolution of the school board. | 7 | | (b) (Blank). Notwithstanding subsection (a) of this | 8 | | Section or any
other provision of this Code to the contrary, | 9 | | the school board
of any school district (i) that is subject to | 10 | | the Property Tax
Extension Limitation Law, (ii) that has a | 11 | | population of less
than 500,000 inhabitants, (iii) that is | 12 | | levying at its maximum
tax rate, (iv) whose total equalized | 13 | | assessed valuation has
declined 20% in the prior 2 years, (v) | 14 | | in which 80% or more
of its students receive free or | 15 | | reduced-price lunch, and (vi) that had an equalized assessed | 16 | | valuation of less than $207 million but more than $203 million | 17 | | in the 2011 levy year may annually, until July 1, 2016, | 18 | | transfer money from any fund of the district, other than the | 19 | | Illinois Municipal Retirement Fund and the Bonds and Interest | 20 | | Fund, to the educational fund, the operations and maintenance | 21 | | fund, or the transportation fund of the district by proper | 22 | | resolution following a public hearing set by the school board | 23 | | or the president of the school board, with notice as provided | 24 | | in subsection (a) of this Section, so long as the district | 25 | | meets the qualifications set forth in this subsection (b) on | 26 | | the effective date of this amendatory Act of the 98th General |
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| 1 | | Assembly even if the district does not meet those | 2 | | qualifications at the time a given transfer is made.
| 3 | | (Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713, | 4 | | eff. 8-5-16.)
| 5 | | Section 15. The Public Utilities Act is amended by adding | 6 | | Section 9-246 as follows: | 7 | | (220 ILCS 5/9-246 new) | 8 | | Sec. 9-246. Rates; lead hazard cost recovery by | 9 | | investor-owned water utilities. In determining the rates for an | 10 | | investor-owned public utility engaged in providing water | 11 | | service, the Commission shall allow the utility to recover | 12 | | annually any reasonable costs incurred by the utility to comply | 13 | | with Section 35.5 of the Illinois Plumbing License Law. | 14 | | Section 20. The Child Care Act of 1969 is amended by adding | 15 | | Section 5.9 as follows: | 16 | | (225 ILCS 10/5.9 new) | 17 | | Sec. 5.9. Lead testing of water in licensed day care | 18 | | centers, day care homes and group day care homes. | 19 | | (a) On or before January 1, 2018, the Department, in | 20 | | consultation with the Department of Public Health, shall adopt | 21 | | rules that prescribe the procedures and standards to be used by | 22 | | the Department in assessing levels of lead in water in licensed |
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| 1 | | day care centers, day care homes, and group day care homes | 2 | | constructed on or before January 1, 2000 that serve children | 3 | | under the age of 6. Such rules shall, at a minimum, include | 4 | | provisions regarding testing parameters, the notification of | 5 | | sampling results, training requirements for lead exposure and | 6 | | mitigation. | 7 | | (b) After adoption of the rules required by subsection (a), | 8 | | and as part of an initial application or application for | 9 | | renewal of a license for day care centers, day care homes, and | 10 | | group day care homes, the Department shall require proof that | 11 | | the applicant has complied with all such rules. | 12 | | Section 25. The Illinois Plumbing License Law is amended by | 13 | | adding Section 35.5 as follows: | 14 | | (225 ILCS 320/35.5 new) | 15 | | Sec. 35.5. Lead in drinking water prevention. | 16 | | (a) The General Assembly finds that lead has been detected | 17 | | in the drinking water of schools in this State. The General | 18 | | Assembly also finds that infants and young children may suffer | 19 | | adverse health effects and developmental delays as a result of | 20 | | exposure to even low levels of lead. The General Assembly | 21 | | further finds that it is in the best interests of the people of | 22 | | the State to require school districts or chief school | 23 | | administrators, or the designee of the school district or chief | 24 | | school administrator, to test for lead in drinking water in |
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| 1 | | school buildings and provide written notification of the test | 2 | | results. | 3 | | The purpose of this Section is to require (i) school | 4 | | districts or chief school administrators, or the designees of | 5 | | the school districts or chief school administrators, to test | 6 | | for lead with the goal of providing school building occupants | 7 | | with an adequate supply of safe, potable water; and (ii) school | 8 | | districts or chief school administrators, or the designees of | 9 | | the school districts or chief school administrators, to notify | 10 | | the parents and legal guardians of enrolled students of the | 11 | | sampling results from their respective school buildings. | 12 | | (b) For the purposes of this Section: | 13 | | "Community water system" has the meaning provided in 35 | 14 | | Ill. Adm. Code 611.101. | 15 | | "School building" means any facility or portion thereof | 16 | | that was constructed on or before January 1, 2000 and may be | 17 | | occupied by more than 10 children or students, pre-kindergarten | 18 | | through grade 5, under the control of (a) a school district or | 19 | | (b) a public, private, charter, or nonpublic day or residential | 20 | | educational institution. | 21 | | "Source of potable water" means the point at which | 22 | | non-bottled water that may be ingested by children or used for | 23 | | food preparation exits any tap, faucet, drinking fountain, wash | 24 | | basin in a classroom occupied by children or students under | 25 | | grade 1, or similar point of use; provided, however, that all | 26 | | (a) bathroom sinks and (b) wash basins used by janitorial staff |
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| 1 | | are excluded from this definition. | 2 | | (c) Each school district or chief school administrator, or | 3 | | the designee of each school district or chief school | 4 | | administrator, shall test each source of potable water in a | 5 | | school building for lead contamination as required in this | 6 | | subsection. | 7 | | (1) Each school district or chief school | 8 | | administrator, or the designee of each school district or | 9 | | chief school administrator, shall, at a minimum, (a) | 10 | | collect a first-draw 250 milliliter sample of water, (b) | 11 | | flush for 30 seconds, and (c) collect a second-draw 250 | 12 | | milliliter sample from each source of potable water located | 13 | | at each corresponding school building; provided, however, | 14 | | that to the extent that multiple sources of potable water | 15 | | utilize the same drain, (i) the foregoing collection | 16 | | protocol is required for one such source of potable water, | 17 | | and (ii) only a first-draw 250 milliliter sample of water | 18 | | is required from the remaining such sources of potable | 19 | | water. The water corresponding to the first-draw 250 | 20 | | milliliter sample from each source of potable water shall | 21 | | have been standing in the plumbing pipes for at least 8 | 22 | | hours, but not more than 18 hours, without any flushing of | 23 | | the source of potable water before sample collection. | 24 | | (2) Each school district or chief school | 25 | | administrator, or the designee of each school district or | 26 | | chief school administrator, shall submit or cause to be |
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| 1 | | submitted (A) the samples to an Illinois Environmental | 2 | | Protection Agency-accredited laboratory for analysis for | 3 | | lead in accordance with the instructions supplied by an | 4 | | Illinois Environmental Protection Agency-accredited | 5 | | laboratory and (B) the written sampling results to the | 6 | | Department within 7 business days of receipt of the | 7 | | results. | 8 | | (3) If any of the samples taken in the school exceed 5 | 9 | | parts per billion, the school district or chief school | 10 | | administrator, or the designee of the school district or | 11 | | chief school administrator, shall promptly provide an | 12 | | individual notification of the sampling results, via | 13 | | written or electronic communication, to the parents or | 14 | | legal guardians of all enrolled students and include the | 15 | | following information: the corresponding sampling location | 16 | | within the school building and the United States | 17 | | Environmental Protection Agency's website for information | 18 | | about lead in drinking water. If any of the samples taken | 19 | | at the school are at or below 5 parts per billion, | 20 | | notification may be made as provided in this paragraph or | 21 | | by posting on the school's website. | 22 | | (4) Sampling and analysis required under this Section | 23 | | shall be completed by the following applicable deadlines: | 24 | | for school buildings constructed prior to January 1, 1987, | 25 | | by December 31, 2017; and for school buildings constructed | 26 | | between January 2, 1987 and January 1, 2000, by December |
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| 1 | | 31, 2018. | 2 | | (5) A school district or chief school administrator, or | 3 | | the designee of the school district or chief school | 4 | | administrator, may seek a waiver of the requirements of | 5 | | this subsection from the Department, if (A) the school | 6 | | district or chief school administrator, or the designee of | 7 | | the school district or chief school administrator, | 8 | | collected at least one 250 milliliter or greater sample of | 9 | | water from each source of potable water that had been | 10 | | standing in the plumbing pipes for at least 6 hours and | 11 | | that was collected without flushing the source of potable | 12 | | water before collection, (B) an Illinois Environmental | 13 | | Protection Agency-accredited laboratory analyzed the | 14 | | samples, (C) test results were obtained prior to the | 15 | | effective date of this amendatory Act of the 99th General | 16 | | Assembly, but after January 1, 2013, and (D) test results | 17 | | were submitted to the Department within 120 days of the | 18 | | effective date of this amendatory Act of the 99th General | 19 | | Assembly. | 20 | | (6) The owner or operator of a community water system | 21 | | may agree to pay for the cost of the laboratory analysis of | 22 | | the samples required under this Section and may utilize the | 23 | | lead hazard cost recovery fee under Section 11-150.1-1 of | 24 | | the Illinois Municipal Code or other available funds to | 25 | | defray said costs. | 26 | | (7) Lead sampling results obtained shall not be used |
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| 1 | | for purposes of determining compliance with the Board's | 2 | | rules that implement the national primary drinking water | 3 | | regulations for lead and copper. | 4 | | (d) By no later than June 30, 2019, the Department shall | 5 | | determine whether it is necessary and appropriate to protect | 6 | | public health to require schools constructed in whole or in | 7 | | part after January 1, 2000 to conduct testing for lead from | 8 | | sources of potable water, taking into account, among other | 9 | | relevant information, the results of testing conducted | 10 | | pursuant to this Section. | 11 | | (e) Within 90 days of the effective date of this amendatory | 12 | | Act of the 99th General Assembly, the Department shall post on | 13 | | its website guidance on mitigation actions for lead in drinking | 14 | | water, and ongoing water management practices, in schools. In | 15 | | preparing such guidance, the Department may, in part, reference | 16 | | the United States Environmental Protection Agency's 3Ts for | 17 | | Reducing Lead in Drinking Water in Schools. | 18 | | Section 30. The Environmental Protection Act is amended by | 19 | | changing Section 19.3 and by adding Section 17.11 as follows: | 20 | | (415 ILCS 5/17.11 new) | 21 | | Sec. 17.11. Lead in drinking water notifications and | 22 | | inventories. | 23 | | (a) The purpose of this Section is to require the owners | 24 | | and operators of community water systems to (i) create a |
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| 1 | | comprehensive lead service line inventory; and (ii) provide | 2 | | notice to occupants of potentially affected residences of | 3 | | construction or repair work on water mains, lead service lines, | 4 | | or water meters. | 5 | | (b) For the purposes of this Section: | 6 | | "Community water system" has the meaning provided in 35 | 7 | | Ill. Adm. Code 611.101. | 8 | | "Potentially affected residence" means any residence | 9 | | where water service is or may be temporarily interrupted or | 10 | | shut off by or on behalf of an owner or operator of a | 11 | | community water system because construction or repair work | 12 | | is to be performed by or on behalf of the owner or operator | 13 | | of a community water system on or affecting a water main, | 14 | | service line, or water meter. | 15 | | "Small system" has the meaning provided in 35 Ill. Adm. | 16 | | Code 611.350. | 17 | | (c) The owner or operator of each community water system in | 18 | | the State shall develop a water distribution system material | 19 | | inventory that shall be submitted in written or electronic form | 20 | | to the Agency on an annual basis commencing on April 15, 2018 | 21 | | and continuing on each April 15 thereafter until the water | 22 | | distribution system material inventory is completed. In | 23 | | addition to meeting the requirements for water distribution | 24 | | system material inventories that are mandated by the United | 25 | | States Environmental Protection Agency, each water | 26 | | distribution system material inventory shall identify: |
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| 1 | | (1) the total number of service lines within or | 2 | | connected to the distribution system, including privately | 3 | | owned service lines; | 4 | | (2) the number of all known lead service lines within | 5 | | or connected to the distribution system, including | 6 | | privately owned lead service lines; and | 7 | | (3) the number of the lead service lines that were | 8 | | added to the inventory after the previous year's | 9 | | submission. | 10 | | Nothing in this subsection shall be construed to require | 11 | | that service lines be unearthed. | 12 | | (d) Beginning on January 1, 2018, when conducting routine | 13 | | inspections of community water systems as required under this | 14 | | Act, the Agency may conduct a separate audit to identify | 15 | | progress that the community water system has made toward | 16 | | completing the water distribution system material inventories | 17 | | required under subsection (c) of this Section. | 18 | | (e) The owner or operator of the community water system | 19 | | shall provide notice of construction or repair work on a water | 20 | | main service line, or water meter in accordance with the | 21 | | following requirements: | 22 | | (1) At least 14 days prior to beginning planned work to | 23 | | repair or replace any water mains or lead service lines, | 24 | | the owner or operator of a community water system shall | 25 | | notify, through an individual written notice, each | 26 | | potentially affected residence of the planned work. In |
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| 1 | | cases where a community water system must perform | 2 | | construction or repair work on an emergency basis or where | 3 | | such work is not scheduled at least 14 days prior to work | 4 | | taking place, the community water system shall notify each | 5 | | potentially affected residence as soon as reasonably | 6 | | possible. When work is to repair or replace a water meter, | 7 | | the notification shall be provided at the time the work is | 8 | | initiated. | 9 | | (2) Such notification shall include, at a minimum: | 10 | | (A) a warning that the work may result in sediment, | 11 | | possibly containing lead, in the residence's water | 12 | | supply; and | 13 | | (B) information concerning best practices for | 14 | | preventing the consumption of any lead in drinking | 15 | | water, including a recommendation to flush water lines | 16 | | during and after the completion of the repair or | 17 | | replacement work and to clean faucet aerator screens; | 18 | | and | 19 | | (C) information regarding the dangers of lead in | 20 | | young children. | 21 | | (3) To the extent that the owner or operator of a | 22 | | community water system serves a significant proportion of | 23 | | non-English speaking consumers, the notification must | 24 | | contain information in the appropriate languages regarding | 25 | | the importance of the notice, and it must contain a | 26 | | telephone number or address where a person served may |
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| 1 | | contact the owner or operator of the community water system | 2 | | to obtain a translated copy of the notification or to | 3 | | request assistance in the appropriate language. | 4 | | (4) Notwithstanding anything to the contrary set forth | 5 | | in this Section, to the extent that (a) notification is | 6 | | required for the entire community served by a community | 7 | | water system, (b) notification is required for | 8 | | construction or repairs occurring on an emergency basis, or | 9 | | (c) the community water system is a small system, | 10 | | publication notification, through a local media, social | 11 | | media or other similar means, may be utilized in lieu of an | 12 | | individual written notification. | 13 | | (5) If an owner or operator is required to provide an | 14 | | individual written notification to a residence that is a | 15 | | multidwelling building, posting a written notification on | 16 | | the primary entrance way to the building shall be | 17 | | sufficient. | 18 | | (6) The notification requirements in this subsection | 19 | | (e) do not apply to work performed on water mains that are | 20 | | used to transmit treated water between community water | 21 | | systems and have no service connections. | 22 | | (7) The owner or operator of a community water system | 23 | | may seek a full or partial waiver of the requirements of | 24 | | this subsection from the Agency if (i) the community water | 25 | | system was originally constructed without lead, (ii) the | 26 | | residential structures were constructed under local |
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| 1 | | building codes that categorically prohibited lead | 2 | | construction materials or the owner or operator of a | 3 | | community water system certifies that any residential | 4 | | structures requiring notification were constructed without | 5 | | lead, and (iii) no lead sediment is likely to be present | 6 | | within the community water system or residential | 7 | | structures. The owner or operator of a community water | 8 | | system may seek a time-limited or permanent waiver. | 9 | | (8) The owner and operator of a community water system | 10 | | shall not be required to comply with this subsection (e) to | 11 | | the extent that the corresponding water distribution | 12 | | system material inventory has been completed that | 13 | | demonstrates the water distribution system does not | 14 | | contain any lead.
| 15 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 16 | | Sec. 19.3. Water Revolving Fund.
| 17 | | (a) There is hereby created within the State Treasury a | 18 | | Water Revolving
Fund, consisting of 3 interest-bearing special | 19 | | programs to be known as the
Water Pollution Control Loan | 20 | | Program, the Public Water Supply Loan Program, and
the Loan | 21 | | Support Program, which shall be used and administered by the | 22 | | Agency.
| 23 | | (b) The Water Pollution Control Loan Program shall be used | 24 | | and administered
by the Agency to provide assistance for the | 25 | | following purposes:
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| 1 | | (1) to accept and retain funds from grant awards, | 2 | | appropriations,
transfers, and payments of interest and | 3 | | principal;
| 4 | | (2) to make direct loans at or below market interest | 5 | | rates and to provide additional subsidization, including, | 6 | | but not limited to, forgiveness of principal, negative | 7 | | interest rates, and grants, to any
eligible local | 8 | | government unit to finance the construction of
treatments | 9 | | works, including storm water treatment systems that are | 10 | | treatment works, and projects that fulfill federal State | 11 | | Revolving Fund grant requirements for a green project | 12 | | reserve;
| 13 | | (2.5) with respect to funds provided under the American | 14 | | Recovery and Reinvestment Act of 2009: | 15 | | (A) to make direct loans at or below market | 16 | | interest rates to any eligible local government unit | 17 | | and to provide additional subsidization to any | 18 | | eligible local government unit, including, but not | 19 | | limited to, forgiveness of principal, negative | 20 | | interest rates, and grants; | 21 | | (B) to make direct loans at or below market | 22 | | interest rates to any eligible local government unit to | 23 | | buy or refinance debt obligations for treatment works | 24 | | incurred on or after October 1, 2008; and | 25 | | (C) to provide additional subsidization, | 26 | | including, but not limited to, forgiveness of |
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| 1 | | principal, negative interest rates, and grants for | 2 | | treatment works incurred on or after October 1, 2008; | 3 | | (3) to make direct loans at or below market interest | 4 | | rates and to provide additional subsidization, including, | 5 | | but not limited to, forgiveness of principal, negative | 6 | | interest rates, and grants, to any
eligible local | 7 | | government unit to buy or refinance debt obligations for | 8 | | costs
incurred after March 7, 1985, for the construction of | 9 | | treatment works, including storm water treatment systems | 10 | | that are treatment works, and projects that fulfill federal | 11 | | State Revolving Fund grant requirements for a green project | 12 | | reserve;
| 13 | | (3.5) to make loans, including, but not limited to, | 14 | | loans through a linked deposit program, at or below market | 15 | | interest rates for the
implementation of a management | 16 | | program established under Section 319 of the
Federal Water | 17 | | Pollution Control Act, as amended;
| 18 | | (4) to guarantee or purchase insurance for local | 19 | | obligations
where such action would improve credit market | 20 | | access or reduce interest rates;
| 21 | | (5) as a source of revenue or security for the payment | 22 | | of principal and
interest on revenue or general obligation | 23 | | bonds issued by the State or any
political subdivision or | 24 | | instrumentality thereof, if the proceeds of such
bonds will | 25 | | be deposited in the Fund;
| 26 | | (6) to finance the reasonable costs incurred by the |
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| 1 | | Agency in the
administration of the Fund;
| 2 | | (7) to transfer funds to the Public Water Supply Loan | 3 | | Program; and
| 4 | | (8) notwithstanding any other provision of this | 5 | | subsection (b), to provide, in accordance with rules | 6 | | adopted under this Title, any other financial assistance | 7 | | that may be provided under Section 603 of the Federal Water | 8 | | Pollution Control Act for any other projects or activities | 9 | | eligible for assistance under that Section or federal rules | 10 | | adopted to implement that Section. | 11 | | (c) The Loan Support Program shall be used and administered | 12 | | by the Agency
for the following purposes:
| 13 | | (1) to accept and retain funds from grant awards and | 14 | | appropriations;
| 15 | | (2) to finance the reasonable costs incurred by the | 16 | | Agency in the
administration of the Fund, including | 17 | | activities under Title III of this
Act, including the | 18 | | administration of the State
construction grant program;
| 19 | | (3) to transfer funds to the Water Pollution Control | 20 | | Loan
Program and the Public Water Supply Loan Program;
| 21 | | (4) to accept and retain a portion of the loan | 22 | | repayments;
| 23 | | (5) to finance the development of the low interest loan
| 24 | | programs for water pollution control and public water | 25 | | supply projects;
| 26 | | (6) to finance the reasonable costs incurred by the |
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| 1 | | Agency to provide
technical assistance for public water | 2 | | supplies; and
| 3 | | (7) to finance the reasonable costs incurred by the | 4 | | Agency for
public water system supervision programs, to | 5 | | administer or provide for
technical assistance through | 6 | | source water protection programs, to develop and
implement | 7 | | a capacity development strategy, to delineate and assess | 8 | | source water
protection areas, and for an operator | 9 | | certification program in accordance with
Section 1452 of | 10 | | the federal Safe Drinking Water Act.
| 11 | | (d) The Public Water Supply Loan Program shall be used and | 12 | | administered by
the Agency to provide assistance to local | 13 | | government units and privately owned
community water supplies | 14 | | for public water
supplies for the following public purposes:
| 15 | | (1) to accept and retain funds from grant awards, | 16 | | appropriations,
transfers, and payments of interest and | 17 | | principal;
| 18 | | (2) to make direct loans at or below market interest | 19 | | rates and to provide additional subsidization, including, | 20 | | but not limited to, forgiveness of principal, negative | 21 | | interest rates, and grants, to any eligible
local | 22 | | government unit or to any eligible privately owned | 23 | | community water supply
to finance the construction of water | 24 | | supplies and projects that fulfill federal State Revolving | 25 | | Fund grant requirements for a green project reserve;
| 26 | | (2.5) with respect to funds provided under the American |
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| 1 | | Recovery and Reinvestment Act of 2009: | 2 | | (A) to make direct loans at or below market | 3 | | interest rates to any eligible local government unit or | 4 | | to any eligible privately owned community water | 5 | | supply, and to provide additional subsidization to any | 6 | | eligible local government unit or to any eligible | 7 | | privately owned community water supply, including, but | 8 | | not limited to, forgiveness of principal, negative | 9 | | interest rates, and grants; | 10 | | (B) to buy or refinance the debt obligation of a | 11 | | local government unit for costs incurred on or after | 12 | | October 1, 2008; and
| 13 | | (C) to provide additional subsidization, | 14 | | including, but not limited to, forgiveness of | 15 | | principal, negative interest rates, and grants for a | 16 | | local government unit for costs incurred on or after | 17 | | October 1, 2008; | 18 | | (3) to make direct loans at or below market interest | 19 | | rates and to provide additional subsidization, including, | 20 | | but not limited to, forgiveness of principal, negative | 21 | | interest rates, and grants, to any eligible local | 22 | | government unit or to any eligible privately owned | 23 | | community water supply to buy or refinance debt obligations | 24 | | for
costs incurred on or after July 17, 1997, for the | 25 | | construction of water supplies and projects that fulfill | 26 | | federal State Revolving Fund requirements for a green |
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| 1 | | project reserve;
| 2 | | (4) to guarantee local obligations where such action | 3 | | would improve credit
market access or reduce interest | 4 | | rates;
| 5 | | (5) as a source of revenue or security for the payment | 6 | | of principal and
interest on revenue or general obligation | 7 | | bonds issued by the State or any
political subdivision or | 8 | | instrumentality thereof, if the proceeds of such
bonds will | 9 | | be deposited into the Fund; and
| 10 | | (6) to transfer funds to the Water Pollution Control | 11 | | Loan Program ; and .
| 12 | | (7) notwithstanding any other provision of this | 13 | | subsection (d), to provide to local government units and | 14 | | privately owned community water supplies any other | 15 | | financial assistance that may be provided under Section | 16 | | 1452 of the federal Safe Drinking Water Act for any | 17 | | expenditures eligible for assistance under that Section or | 18 | | federal rules adopted to implement that Section. | 19 | | (e) The Agency is designated as the administering agency of | 20 | | the Fund.
The Agency shall submit to the Regional Administrator | 21 | | of the United States
Environmental Protection Agency an | 22 | | intended use plan which outlines the
proposed use of funds | 23 | | available to the State. The Agency shall take all
actions | 24 | | necessary to secure to the State the benefits of the federal
| 25 | | Water Pollution Control Act and the federal Safe Drinking Water | 26 | | Act, as now
or hereafter amended.
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| 1 | | (f) The Agency shall have the power to enter into | 2 | | intergovernmental
agreements with the federal government or | 3 | | the State, or any instrumentality
thereof, for purposes of | 4 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the | 5 | | Water Revolving Fund may be used for the
creation of reserve | 6 | | funds or pledged funds that secure the obligations
of repayment | 7 | | of loans made pursuant to this Section. For the purpose
of | 8 | | obtaining capital for deposit into the Water Revolving Fund, | 9 | | the
Agency may also enter into agreements with financial | 10 | | institutions and other
persons for the purpose of selling loans | 11 | | and developing a secondary market
for such loans. The Agency | 12 | | shall have the power to create and establish such
reserve funds | 13 | | and accounts as may be necessary or desirable to accomplish its
| 14 | | purposes under this subsection and to allocate its available | 15 | | moneys into such
funds and accounts. Investment earnings on | 16 | | moneys held in the Water Revolving
Fund, including any reserve | 17 | | fund or pledged fund, shall be deposited into the
Water | 18 | | Revolving Fund.
| 19 | | (Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
| 20 | | Section 35. The Local Governmental and Governmental | 21 | | Employees Tort
Immunity Act is amended by changing Section | 22 | | 9-107 as follows:
| 23 | | (745 ILCS 10/9-107) (from Ch. 85, par. 9-107)
| 24 | | Sec. 9-107. Policy; tax levy.
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| 1 | | (a) The General Assembly finds that the purpose of this | 2 | | Section is to
provide an extraordinary tax for funding expenses | 3 | | relating to (i) tort liability,
(ii) liability relating to | 4 | | actions brought under the federal Comprehensive Environmental | 5 | | Response, Compensation, and Liability Act of 1980 or the | 6 | | Environmental Protection Act, but only until December 31, 2010, | 7 | | (iii) insurance, and (iv) risk management programs. Thus, the | 8 | | tax has been excluded from
various limitations otherwise | 9 | | applicable to tax levies. Notwithstanding the
extraordinary | 10 | | nature of the tax authorized by this Section, however, it has
| 11 | | become apparent that some units of
local government are using | 12 | | the tax revenue to fund expenses more properly paid
from | 13 | | general operating funds. These uses of the revenue are | 14 | | inconsistent with
the limited purpose of the tax authorization.
| 15 | | Therefore, the General Assembly declares, as a matter of | 16 | | policy, that (i) the
use of the tax revenue authorized by this | 17 | | Section for purposes not expressly
authorized under this Act is | 18 | | improper and (ii) the provisions of this Section
shall be | 19 | | strictly construed
consistent with this declaration and the | 20 | | Act's express purposes.
| 21 | | (b) A local public entity may annually levy or have levied | 22 | | on
its behalf taxes upon all taxable property within its | 23 | | territory at
a rate that will produce a sum that will be | 24 | | sufficient to:
(i) pay the cost
of insurance, individual or | 25 | | joint self-insurance (including
reserves thereon), including | 26 | | all operating and administrative costs and
expenses directly |
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| 1 | | associated therewith, claims services and risk management
| 2 | | directly attributable to loss prevention and loss reduction, | 3 | | legal services
directly attributable
to the insurance, | 4 | | self-insurance, or joint self-insurance program, and
| 5 | | educational, inspectional, and supervisory
services directly | 6 | | relating to loss prevention and loss reduction, participation
| 7 | | in a reciprocal
insurer as provided in Sections 72, 76, and 81 | 8 | | of the Illinois Insurance Code,
or participation in a
| 9 | | reciprocal insurer, all as provided in settlements or judgments | 10 | | under
Section 9-102, including all costs and reserves directly | 11 | | attributable to
being a member of an insurance
pool, under | 12 | | Section 9-103; (ii) pay the costs of and principal
and interest | 13 | | on bonds issued under Section 9-105; (iii) pay judgments
and | 14 | | settlements under Section 9-104 of this Act; (iv) discharge
| 15 | | obligations under Section 34-18.1 of the School
Code or make | 16 | | transfers under Section 17-2A of the School Code ; (v) pay | 17 | | judgments and settlements under the federal Comprehensive | 18 | | Environmental Response, Compensation, and Liability Act of | 19 | | 1980 and the Environmental Protection Act, but only until | 20 | | December 31, 2010; (vi) pay the costs authorized by the | 21 | | Metro-East Sanitary District Act of 1974 as provided in | 22 | | subsection (a) of Section 5-1 of that Act (70 ILCS 2905/5-1) ; | 23 | | and (vii)
pay the cost of
risk management programs.
Provided it | 24 | | complies with any other applicable
statutory requirements, the | 25 | | local public entity may self-insure and
establish reserves for | 26 | | expected losses for any property damage or for any
liability or |
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| 1 | | loss for which
the local public entity is authorized to levy or | 2 | | have levied on its behalf
taxes for the purchase of insurance | 3 | | or the payment of judgments or
settlements under this Section. | 4 | | The decision of the board to establish a
reserve shall be based | 5 | | on reasonable actuarial or insurance underwriting
evidence and | 6 | | subject to the limits and reporting provisions in Section
| 7 | | 9-103.
| 8 | | If a school district was a member of a | 9 | | joint-self-health-insurance
cooperative that had more | 10 | | liability in outstanding claims than revenue to pay
those | 11 | | claims, the school board of that district may by resolution
| 12 | | make a one-time transfer from any fund in which tort immunity | 13 | | moneys are
maintained to the fund
or funds from which
payments | 14 | | to a joint-self-health-insurance
cooperative can
be or have | 15 | | been made of an amount not to exceed the amount of the
| 16 | | liability claim that the school district
owes to the | 17 | | joint-self-health-insurance cooperative or that the school | 18 | | district
paid within the 2 years immediately preceding the | 19 | | effective date of this
amendatory Act
of the 92nd General | 20 | | Assembly.
| 21 | | Funds raised pursuant to this Section shall , unless | 22 | | lawfully transferred as provided in Section 17-2A of the School | 23 | | Code, only be used for the purposes
specified in this Act, | 24 | | including protection against and reduction of any
liability or | 25 | | loss described
hereinabove and under
Federal or State common or | 26 | | statutory law, the Workers' Compensation Act,
the Workers' |
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| 1 | | Occupational Diseases Act and the Unemployment Insurance Act.
| 2 | | Funds
raised pursuant to this Section may be invested in any | 3 | | manner in which
other funds of local public entities may be | 4 | | invested under Section 2 of the
Public Funds Investment Act. | 5 | | Interest on such
funds shall be used only for purposes for | 6 | | which the funds can be used or,
if surplus, must be used for | 7 | | abatement of property
taxes levied by the local taxing entity.
| 8 | | A local public entity may enter into intergovernmental | 9 | | contracts with a
term of not to exceed 12 years for the | 10 | | provision of joint self-insurance
which contracts may include | 11 | | an obligation to pay a proportional share of a
general | 12 | | obligation or revenue bond or other debt instrument issued by a
| 13 | | local public entity which is a party to the intergovernmental | 14 | | contract and
is authorized by the terms of the contract to | 15 | | issue the bond or other debt
instrument. Funds due under such | 16 | | contracts shall not be considered debt
under any constitutional | 17 | | or statutory limitation and the local public
entity may levy or | 18 | | have levied on its behalf taxes to pay for its
proportional | 19 | | share under the contract. Funds raised pursuant to
| 20 | | intergovernmental contracts for the provision of joint | 21 | | self-insurance may
only be used for the payment of any cost, | 22 | | liability or loss against which
a local public entity may | 23 | | protect itself or self-insure pursuant to Section
9-103 or for | 24 | | the payment of which such entity may levy a tax pursuant to
| 25 | | this Section, including tort judgments or settlements, costs
| 26 | | associated with the issuance, retirement or refinancing of the |
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| 1 | | bonds or
other debt instruments, the repayment of the principal | 2 | | or interest of the
bonds or other debt instruments, the costs | 3 | | of the administration of the
joint self-insurance fund, | 4 | | consultant, and risk care management programs or
the costs of | 5 | | insurance. Any surplus returned to the local public entity
| 6 | | under the terms of the intergovernmental contract shall be used | 7 | | only for
purposes set forth in subsection (a) of Section 9-103 | 8 | | and Section 9-107 or for
abatement of property
taxes levied by | 9 | | the local taxing entity.
| 10 | | Any tax levied under this Section shall be levied and | 11 | | collected in
like manner with the general taxes of the entity | 12 | | and shall be exclusive
of and in addition to the amount of tax | 13 | | that entity is now or may
hereafter be authorized to levy for | 14 | | general purposes under any statute
which may limit the amount | 15 | | of tax which that entity may levy for general
purposes. The | 16 | | county clerk of the county in which any part of the
territory | 17 | | of the local taxing entity is located, in reducing tax levies
| 18 | | under the provisions of any Act concerning the levy and | 19 | | extension of
taxes, shall not consider any tax provided for by | 20 | | this Section as a part
of the general tax levy for the purposes | 21 | | of the entity nor include such
tax within any limitation of the | 22 | | percent of the assessed valuation upon
which taxes are required | 23 | | to be extended for such entity.
| 24 | | With respect to taxes levied under this Section, either | 25 | | before, on, or
after the effective date of this amendatory Act | 26 | | of 1994:
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| 1 | | (1) Those taxes
are excepted from and shall not be | 2 | | included within the rate limitation imposed
by law on taxes | 3 | | levied for general corporate purposes by the local public
| 4 | | entity authorized to levy a tax under this Section.
| 5 | | (2) Those taxes that a local public entity has levied | 6 | | in reliance on this
Section and that are excepted under | 7 | | paragraph (1) from
the
rate limitation imposed by law on | 8 | | taxes levied for general corporate purposes
by the local | 9 | | public entity are not
invalid because of any provision of
| 10 | | the law authorizing the local public entity's tax levy for | 11 | | general corporate
purposes that may be construed or may | 12 | | have been construed to restrict or limit
those taxes | 13 | | levied, and those taxes are hereby validated.
This | 14 | | validation of taxes levied applies to all cases pending on | 15 | | or after the
effective date of this amendatory Act of 1994.
| 16 | | (3) Paragraphs (1) and (2) do not apply to a hospital | 17 | | organized under
Article 170 or 175 of the Township Code, | 18 | | under the Town Hospital Act, or under
the Township | 19 | | Non-Sectarian Hospital Act and do not give any authority to | 20 | | levy
taxes on behalf of such a hospital in excess of the | 21 | | rate limitation imposed by
law on taxes levied for general | 22 | | corporate purposes. A hospital organized under
Article 170 | 23 | | or 175 of the Township Code, under the Town Hospital Act, | 24 | | or under
the Township Non-Sectarian Hospital Act is not
| 25 | | prohibited from levying taxes in support of tort liability | 26 | | bonds if the taxes
do not cause the hospital's aggregate |
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| 1 | | tax rate from exceeding the rate
limitation imposed by law | 2 | | on taxes levied for general corporate purposes.
| 3 | | Revenues derived from such tax shall be paid to the | 4 | | treasurer of the
local taxing entity as collected and used for | 5 | | the purposes of this
Section and of Section 9-102, 9-103, 9-104 | 6 | | or 9-105, as the case may
be. If payments on account of such | 7 | | taxes are insufficient during any
year to meet such purposes, | 8 | | the entity may issue tax anticipation
warrants against the | 9 | | current tax levy in the manner provided by statute.
| 10 | | (Source: P.A. 95-244, eff. 8-17-07; 95-723, eff. 6-23-08.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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