Public Act 102-0587
 
HB1926 EnrolledLRB102 00017 AWJ 10018 b


  
    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 
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 
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 
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 
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, 
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 
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 
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 
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. 
    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 
    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 
    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, 
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 
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 
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.

Effective Date:  1/1/2022