Bill Amendment: IL SB2375 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2019-01-09 - Session Sine Die [SB2375 Detail]
Download: Illinois-2017-SB2375-Senate_Amendment_001.html
Bill Title: LOCAL GOVERNMENT-TECH
Status: 2019-01-09 - Session Sine Die [SB2375 Detail]
Download: Illinois-2017-SB2375-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2375
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2 | AMENDMENT NO. ______. Amend Senate Bill 2375 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 18-195 as follows:
| ||||||
6 | (35 ILCS 200/18-195) | ||||||
7 | Sec. 18-195. Limitation. Tax extensions made under | ||||||
8 | Sections 18-45 and 18-105
are further limited by the provisions | ||||||
9 | of this Law. | ||||||
10 | For those taxing districts that have levied in any previous | ||||||
11 | levy year for any
funds included in the aggregate extension, | ||||||
12 | the county clerk shall extend a rate
for the sum of these funds | ||||||
13 | that is no greater than the limiting rate. | ||||||
14 | For those taxing districts that have never levied for any | ||||||
15 | funds included in
the aggregate extension, the county clerk | ||||||
16 | shall extend an amount no greater
than the amount approved by |
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| |||||||
1 | the voters in a referendum under Section 18-210. | ||||||
2 | If the county clerk is required to reduce the aggregate | ||||||
3 | extension of a
taxing district by provisions of this Law, the | ||||||
4 | county clerk shall
proportionally reduce the extension for each | ||||||
5 | fund unless otherwise
requested by the taxing district. | ||||||
6 | Upon written request of the corporate authority of a | ||||||
7 | village, the county
clerk
shall calculate separate limiting | ||||||
8 | rates for the library funds and for the
aggregate of the other | ||||||
9 | village funds in order to reduce the funds as may be
required | ||||||
10 | under provisions of this Law. In calculating the limiting rate | ||||||
11 | for
the library, the county clerk shall use only the part of | ||||||
12 | the aggregate
extension base applicable to the library, and for | ||||||
13 | any rate increase or decrease
factor under Section 18-230 the | ||||||
14 | county clerk shall use only any new rate or
rate increase | ||||||
15 | applicable to the library funds and the part of the rate
| ||||||
16 | applicable to the library in determining factors under that | ||||||
17 | Section. The
county clerk shall calculate the limiting rate for | ||||||
18 | all other village funds
using only the part of the aggregate | ||||||
19 | extension base not applicable to the
library, and for any rate | ||||||
20 | increase or decrease factor under Section 18-230 the
county | ||||||
21 | clerk shall use only any new rate or rate increase not | ||||||
22 | applicable to the
library funds and the part of the rate not | ||||||
23 | applicable to the library in
determining factors under that | ||||||
24 | Section. If the county clerk is required to
reduce the | ||||||
25 | aggregate extension of the library portion of the levy, the | ||||||
26 | county
clerk shall proportionally reduce the extension for
each |
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| |||||||
1 | library fund unless otherwise requested by the library board. | ||||||
2 | If the
county clerk is required to reduce the aggregate | ||||||
3 | extension of the portion of
the
levy not applicable to the | ||||||
4 | library, the county clerk shall proportionally
reduce
the | ||||||
5 | extension for each fund not applicable to the library unless | ||||||
6 | otherwise
requested by the village. | ||||||
7 | Beginning with the 1998 levy year upon written direction of | ||||||
8 | a county or
township community mental health board, the county | ||||||
9 | clerk shall calculate
separate
limiting rates for the community | ||||||
10 | mental health funds and for the aggregate of
the other county | ||||||
11 | or township funds in order to reduce the funds as may be
| ||||||
12 | required under provisions of this Law. In calculating the | ||||||
13 | limiting rate for
the community mental health funds, the county | ||||||
14 | clerk shall use only the part of
the aggregate
extension base | ||||||
15 | applicable to the community mental health funds; and for any
| ||||||
16 | rate increase or decrease
factor under Section 18-230, the | ||||||
17 | county clerk shall use only any new rate or
rate increase | ||||||
18 | applicable to the community mental health funds and the part of
| ||||||
19 | the rate
applicable to the community mental health board in | ||||||
20 | determining factors under
that Section. The
county clerk shall | ||||||
21 | calculate the limiting rate for all other county or township
| ||||||
22 | funds
using only the part of the aggregate extension base not | ||||||
23 | applicable to community
mental health funds; and for any rate | ||||||
24 | increase or decrease factor under
Section 18-230, the
county | ||||||
25 | clerk shall use only any new rate or rate increase not | ||||||
26 | applicable to the
community mental health funds and the part of |
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1 | the rate not applicable to the
community
mental health board in
| ||||||
2 | determining factors under that Section. If the county clerk is | ||||||
3 | required to
reduce the aggregate extension of the community | ||||||
4 | mental health board portion of
the levy, the county
clerk shall | ||||||
5 | proportionally reduce the extension for
each community mental | ||||||
6 | health fund unless otherwise directed by the community
mental
| ||||||
7 | health board. If the
county clerk is required to reduce the | ||||||
8 | aggregate extension of the portion of
the
levy not applicable | ||||||
9 | to the community mental health board, the county clerk
shall | ||||||
10 | proportionally
reduce
the extension for each fund not | ||||||
11 | applicable to the community mental health board
unless | ||||||
12 | otherwise
directed by the county or township. | ||||||
13 | If the governmental unit county is not subject to Section | ||||||
14 | 1.1 or 1.2 of the Community County Care for Persons with | ||||||
15 | Developmental Disabilities Act, then : (i) , beginning with the | ||||||
16 | 2001 levy year for a county or township board before the | ||||||
17 | effective date of this amendatory Act of the 100th General | ||||||
18 | Assembly , upon written direction of a county or
township board | ||||||
19 | for care and treatment of persons with a developmental
| ||||||
20 | disability, the county clerk shall calculate separate
limiting | ||||||
21 | rates for the funds for persons with a developmental disability | ||||||
22 | and
for
the aggregate of
the other county or township funds in | ||||||
23 | order to reduce the funds as may be
required under provisions | ||||||
24 | of this Law ; and (ii) beginning with the levy year next | ||||||
25 | following the effective date of this amendatory Act of the | ||||||
26 | 100th General Assembly, upon written direction of the board of |
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1 | a governmental unit not covered under item (i) for care and | ||||||
2 | treatment of persons with a developmental disability, the | ||||||
3 | county clerk shall calculate separate limiting rates for the | ||||||
4 | funds for persons with a developmental disability and for the | ||||||
5 | aggregate of the other governmental unit funds in order to | ||||||
6 | reduce the funds as may be required under provisions of this | ||||||
7 | Law . If the governmental unit county is subject to Section 1.1 | ||||||
8 | or 1.2 of the Community County Care for Persons with | ||||||
9 | Developmental Disabilities Act, then, beginning with the levy | ||||||
10 | year in which the voters approve the tax under Section 1.1 or | ||||||
11 | 1.2 of that Act, the county clerk shall calculate separate
| ||||||
12 | limiting rates for the funds for persons with a developmental | ||||||
13 | disability and
for
the aggregate of
the other governmental unit | ||||||
14 | county or township funds in order to reduce the funds as may be
| ||||||
15 | required under provisions of this Law. In calculating the | ||||||
16 | limiting rate for
the funds for persons with a developmental | ||||||
17 | disability, the county clerk shall
use only the part of
the | ||||||
18 | aggregate
extension base applicable to the funds for persons | ||||||
19 | with a developmental
disability; and for any
rate increase or | ||||||
20 | decrease
factor under Section 18-230, the county clerk shall | ||||||
21 | use only any new rate or
rate increase applicable to the funds | ||||||
22 | for persons with a developmental
disability and the part of
the | ||||||
23 | rate
applicable to the board for care and treatment of persons | ||||||
24 | with a developmental
disability in determining factors under
| ||||||
25 | that Section. The
county clerk shall calculate the limiting | ||||||
26 | rate for all other governmental unit county or township
funds
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1 | using only the part of the aggregate extension base not | ||||||
2 | applicable to
funds for persons with a developmental | ||||||
3 | disability; and for any rate increase or
decrease factor under
| ||||||
4 | Section 18-230, the
county clerk shall use only any new rate or | ||||||
5 | rate increase not applicable to the
funds for persons with a | ||||||
6 | developmental disability and the part of the rate not
| ||||||
7 | applicable to the
board for care and treatment of persons with | ||||||
8 | a developmental disability in
determining factors under that | ||||||
9 | Section. If the county clerk is required to
reduce the | ||||||
10 | aggregate extension of the board for care and treatment of | ||||||
11 | persons
with a developmental disability portion of
the levy, | ||||||
12 | the county
clerk shall proportionally reduce the extension for
| ||||||
13 | each fund for persons with a developmental disability unless | ||||||
14 | otherwise directed
by the board for care and treatment of | ||||||
15 | persons with a developmental disability.
If the
county clerk is | ||||||
16 | required to reduce the aggregate extension of the portion of
| ||||||
17 | the levy not applicable to the board for care and treatment of | ||||||
18 | persons with a
developmental disability, the county clerk shall | ||||||
19 | proportionally reduce the
extension for each fund not | ||||||
20 | applicable to the board for care and treatment of
persons with | ||||||
21 | a developmental disability unless otherwise directed by the | ||||||
22 | governmental unit county
or township . | ||||||
23 | As used in this Section, "governmental unit" has the | ||||||
24 | meaning given to that term in Section 0.05 of the Community | ||||||
25 | Care for Persons with Developmental Disabilities Act. | ||||||
26 | (Source: P.A. 96-1350, eff. 7-28-10.)
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1 | Section 10. The Counties Code is amended by changing | ||||||
2 | Sections 5-1024 and 5-44020 as follows:
| ||||||
3 | (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
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4 | Sec. 5-1024. Taxes. A county board may cause to be levied | ||||||
5 | and
collected annually, except as hereinafter provided, taxes | ||||||
6 | for county
purposes, including all purposes for which money may | ||||||
7 | be raised by the
county by taxation, in counties having 80,000 | ||||||
8 | or more but less than
3,000,000 inhabitants at a rate not | ||||||
9 | exceeding .25%, of the value as
equalized or assessed by the | ||||||
10 | Department of Revenue; in counties with less
than 80,000 but | ||||||
11 | more than 15,000 inhabitants at a rate not exceeding .27%,
of | ||||||
12 | the value as equalized or assessed by the Department of | ||||||
13 | Revenue; in
counties with less than 80,000 inhabitants which | ||||||
14 | have authorized a tax by
referendum under Section 7-2 of the | ||||||
15 | Juvenile Court Act prior to the
effective date of this | ||||||
16 | amendatory Act of 1985, at a rate not exceeding
.32%, of the | ||||||
17 | value as equalized or assessed by the Department of Revenue;
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18 | and in counties with 15,000 or fewer inhabitants at a rate not | ||||||
19 | exceeding
.37%, of the value as equalized or assessed by the | ||||||
20 | Department of Revenue;
and in counties having 3,000,000 or more | ||||||
21 | inhabitants for each even numbered
year, subject to the | ||||||
22 | abatement requirements hereinafter provided, at a rate
not | ||||||
23 | exceeding .39% of the value, as equalized or assessed by the | ||||||
24 | Department
of Revenue, and for each odd numbered year, subject |
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1 | to the abatement
requirements hereinafter provided, at a rate | ||||||
2 | not exceeding .35% of the
value as equalized or assessed by the | ||||||
3 | Department of Revenue, except taxes
for the payment of interest | ||||||
4 | on and principal of bonded indebtedness
heretofore duly | ||||||
5 | authorized for the
construction of State aid roads in the
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6 | county as defined in "An Act to revise the law in relation to | ||||||
7 | roads and
bridges", approved June 27, 1913, or for the | ||||||
8 | construction of
county highways as defined in the Illinois | ||||||
9 | Highway Code, and except taxes
for the payment of
interest on | ||||||
10 | and principal of bonded indebtedness duly authorized without a
| ||||||
11 | vote of the people of the county, and except taxes authorized | ||||||
12 | as additional
by a vote of the people of the county, and except | ||||||
13 | taxes for working cash
fund purposes, and except taxes as | ||||||
14 | authorized by Sections 5-601, 5-602,
5-603, 5-604 and 6-512 of | ||||||
15 | the Illinois Highway Code, and except taxes
authorized under | ||||||
16 | Section 7 of the Village
Library Act, and except
taxes levied | ||||||
17 | to pay the annual rent payments due under a lease entered into
| ||||||
18 | by the county with a Public Building Commission as authorized | ||||||
19 | by Section 18
of the Public Building Commission Act, and except | ||||||
20 | taxes levied under
Division 6-3, and
except taxes levied for | ||||||
21 | general assistance for needy persons in counties
under | ||||||
22 | commission form of government and except taxes levied under the
| ||||||
23 | Community County Care for Persons with Developmental | ||||||
24 | Disabilities Act, and except taxes levied
under the Community | ||||||
25 | Mental Health Act, and except taxes levied under
Section 5-1025 | ||||||
26 | to pay the expenses of elections and except taxes levied
under |
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| |||||||
1 | "An Act to provide the manner of levying or
imposing taxes for | ||||||
2 | the
provision of special services to areas within the | ||||||
3 | boundaries of home rule
units and non-home rule municipalities | ||||||
4 | and counties", approved September
21, 1973, and except taxes | ||||||
5 | levied under Section 3a of the Revenue Act of
1939 for the | ||||||
6 | purposes of helping to pay for the expenses of the assessor's
| ||||||
7 | office, and except taxes levied under Division 5-21,
and except | ||||||
8 | taxes
levied pursuant to Section 19 of "The Illinois Emergency
| ||||||
9 | Services and Disaster Agency Act of 1975", as now or hereafter | ||||||
10 | amended,
and except taxes levied pursuant to Division 5-23, and | ||||||
11 | except taxes levied
under Section 5 of
the County
Shelter Care | ||||||
12 | and Detention Home Act, and
except taxes levied under the | ||||||
13 | Children's Advocacy Center Act, and except
taxes levied under | ||||||
14 | Section 9-107 of the Local Governmental and Governmental
| ||||||
15 | Employees Tort Immunity Act.
| ||||||
16 | Those taxes a county has levied and excepted from the rate | ||||||
17 | limitation
imposed by this Section or Section 25.05 of "An Act | ||||||
18 | to revise the law in
relation to counties", approved March 31, | ||||||
19 | 1874, in reliance on this amendatory
Act of 1994 are not | ||||||
20 | invalid because of any provision of this Section
that may be | ||||||
21 | construed to or may have been construed to restrict or limit | ||||||
22 | those
taxes
levied and those taxes are hereby validated.
This | ||||||
23 | validation of taxes levied applies to all cases pending on or | ||||||
24 | after the
effective
date of this amendatory Act of 1994.
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25 | Nothing contained in this amendatory Act of 1994 shall be | ||||||
26 | construed to
affect the application of the Property Tax |
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| |||||||
1 | Extension Limitation Law.
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2 | Any tax levied for general assistance for needy persons in | ||||||
3 | any county in
addition to and in excess of the maximum levy | ||||||
4 | permitted by this Section
for general county purposes shall be | ||||||
5 | paid into a special fund in the
county treasury and used only | ||||||
6 | for the purposes for which it is levied
except that any excess | ||||||
7 | in such fund over the amount needed for general
assistance may | ||||||
8 | be used for County Nursing Home purposes and shall not
exceed | ||||||
9 | .10% of the value, as equalized or assessed by the Department | ||||||
10 | of
Revenue. Any taxes levied for general assistance pursuant to | ||||||
11 | this Section
may also be used for the payment of warrants | ||||||
12 | issued against and in
anticipation of such taxes and accrued | ||||||
13 | interest thereon and may also be
used for the payment of costs | ||||||
14 | of administering such general assistance.
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15 | In counties having 3,000,000 or more inhabitants, taxes | ||||||
16 | levied for
any year for any purpose or purposes, except amounts | ||||||
17 | levied for the
payment of bonded indebtedness or interest | ||||||
18 | thereon and for pension fund
purpose, and except taxes levied | ||||||
19 | to pay the annual rent payments due
under a lease entered into | ||||||
20 | by the county with a Public Building
Commission as authorized | ||||||
21 | by Section 18 of the Public Building
Commission Act, are | ||||||
22 | subject to the
limitation that they shall not exceed the | ||||||
23 | estimated amount of taxes to
be levied for the year for the | ||||||
24 | purpose or
purposes as determined in
accordance with Section | ||||||
25 | 6-24001 and set forth in the annual
appropriation bill of the | ||||||
26 | county and in ascertaining the rate per cent
that will produce |
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1 | the amount of any tax levied in any county, the
county clerk | ||||||
2 | shall not add to the tax or rate any sum or amount to
cover the | ||||||
3 | loss and cost of collecting the tax, except in the case of
| ||||||
4 | amounts levied for the payment of bonded indebtedness or | ||||||
5 | interest
thereon, and in the case of amounts levied for pension | ||||||
6 | fund purposes,
and except taxes levied to pay the annual rent | ||||||
7 | payments due under a
lease entered into by the county with a | ||||||
8 | Public Building Commission as
authorized by Section 18 of the | ||||||
9 | Public Building Commission Act.
| ||||||
10 | In counties having a population of 3,000,000 or more | ||||||
11 | inhabitants, the
county clerk shall in each even numbered year, | ||||||
12 | before extending the
county tax for the year, reduce the levy | ||||||
13 | for county purposes
for the
year (exclusive of levies for | ||||||
14 | payment of indebtedness and payment of
interest on and | ||||||
15 | principal of bonded indebtedness as aforesaid, and
exclusive of | ||||||
16 | county highway taxes as aforesaid, and exclusive of pension
| ||||||
17 | fund taxes, and except taxes levied to pay the annual rent | ||||||
18 | payments due
under a lease entered into by the county with a | ||||||
19 | Public Building
Commission as authorized by Section 18 of the | ||||||
20 | Public Building
Commission Act) in the manner described
and in | ||||||
21 | an amount to be determined as follows: If the amount received
| ||||||
22 | from the collection of the tax levied in the last preceding | ||||||
23 | even
numbered year for county purposes as aforesaid, as shown | ||||||
24 | by the county
treasurer's final settlement for the last | ||||||
25 | preceding even numbered year
and also by subsequent receipts of | ||||||
26 | delinquent taxes for the county
purposes fund levied for the |
| |||||||
| |||||||
1 | last preceding even numbered year, equals
or exceeds the amount | ||||||
2 | produced by multiplying the rate extended for the
county | ||||||
3 | purposes for the last preceding even numbered year by the total
| ||||||
4 | assessed valuation of all property in the county used in the | ||||||
5 | year for
purposes of state and county taxes, and by deducting | ||||||
6 | therefrom the
amount appropriated to cover the loss and cost of | ||||||
7 | collecting taxes to be
levied for the county purposes fund for | ||||||
8 | the last preceding even
numbered year, the clerk in determining | ||||||
9 | the rate per cent to be extended
for the county purposes fund | ||||||
10 | shall deduct from the amount of the levy
certified to him for | ||||||
11 | county purposes as aforesaid for even numbered
years the amount | ||||||
12 | received by the county clerk or withheld by the county
| ||||||
13 | treasurer from other municipal corporations within the county | ||||||
14 | as their
pro rata share of election expenses for the last | ||||||
15 | preceding even numbered
year, as authorized in Sections 13-11, | ||||||
16 | 13-12, 13-13 and 16-2 of the
Election Code, and
the clerk in | ||||||
17 | these counties shall extend only the net amount remaining
after | ||||||
18 | such deductions.
| ||||||
19 | The foregoing limitations upon tax rates, insofar as they | ||||||
20 | are
applicable to counties having less than 3,000,000 | ||||||
21 | inhabitants, may be
increased or decreased under the referendum | ||||||
22 | provisions of the General
Revenue Law of Illinois and there | ||||||
23 | shall be no limit on the rate of
tax for county purposes that | ||||||
24 | may be levied by a county
so long as any increase in the rate is | ||||||
25 | authorized by
referendum in that county.
| ||||||
26 | Any county having a population of less than 3,000,000 |
| |||||||
| |||||||
1 | inhabitants
that has determined to change its fiscal year may, | ||||||
2 | as a means of
effectuating a change, instead of levying taxes | ||||||
3 | for a one-year
period, levy taxes for a period greater or less | ||||||
4 | than a year as may be
necessary.
| ||||||
5 | In counties having less than 3,000,000 inhabitants, in | ||||||
6 | ascertaining
the rate per cent that will produce the amount of | ||||||
7 | any tax levied in that
county, the County Clerk shall not add | ||||||
8 | to the tax or rate any sum
or amount to cover the loss and cost | ||||||
9 | of collecting the tax except in the
case of amounts levied for | ||||||
10 | the payment of bonded indebtedness or
interest thereon and in | ||||||
11 | the case of amounts levied for pension fund
purposes and except | ||||||
12 | taxes levied to pay the annual rent payments due
under a lease | ||||||
13 | entered into by the county with a Public Building
Commission as | ||||||
14 | authorized by Section 18 of the Public Building
Commission Act.
| ||||||
15 | A county shall not have its maximum tax rate reduced as a | ||||||
16 | result of a
population increase indicated by the 1980 federal | ||||||
17 | census.
| ||||||
18 | (Source: P.A. 91-51, eff. 6-30-99.)
| ||||||
19 | (55 ILCS 5/5-44020) | ||||||
20 | Sec. 5-44020. Definitions. In this Division 5-44: | ||||||
21 | "Fire protection jurisdiction" means a fire protection | ||||||
22 | district, municipal fire department, or service organized | ||||||
23 | under Section 5-1056.1 of the Counties Code, Sections 195 and | ||||||
24 | 200 of the Township Code, Section 10-2.1 of the Illinois | ||||||
25 | Municipal Code, or the Illinois Fire Protection District Act. |
| |||||||
| |||||||
1 | "Governing board" means the individual or individuals who | ||||||
2 | constitute the
corporate authorities of a unit of local | ||||||
3 | government. | ||||||
4 | "Unit of local government" or "unit" means any unit of | ||||||
5 | local government located entirely within one county, to which | ||||||
6 | the county board chairman or county executive directly appoints | ||||||
7 | a majority of its governing board with the advice and consent | ||||||
8 | of the county board, but shall not include a fire protection | ||||||
9 | district that directly employs any regular full-time | ||||||
10 | employees, a conservation district organized under the | ||||||
11 | Conservation District Act, a special district organized under | ||||||
12 | the Water Commission Act of 1985, a community mental health | ||||||
13 | board established under the Community Mental Health Board Act, | ||||||
14 | or a board established under the Community County Care for | ||||||
15 | Persons with Developmental Disabilities Act.
| ||||||
16 | (Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18 .)
| ||||||
17 | Section 15. The County Care for Persons with Developmental | ||||||
18 | Disabilities Act is amended by changing Sections 0.01, 1, 1.1, | ||||||
19 | 1.2, 3, 4, 5, 7, and 11 and by adding Sections 0.05 and 14 as | ||||||
20 | follows:
| ||||||
21 | (55 ILCS 105/0.01) (from Ch. 91 1/2, par. 200)
| ||||||
22 | Sec. 0.01. Short title. This Act may be cited as the | ||||||
23 | Community County Care for
Persons with Developmental
| ||||||
24 | Disabilities Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-585, eff. 1-1-97.)
| ||||||
2 | (55 ILCS 105/0.05 new) | ||||||
3 | Sec. 0.05. Definitions. As used in this Act: | ||||||
4 | "Governmental unit" means a county, municipality, or | ||||||
5 | township. | ||||||
6 | "Person with a developmental disability" means any person | ||||||
7 | or persons so diagnosed and as defined in the Mental Health and | ||||||
8 | Developmental Disabilities Code. A board of directors | ||||||
9 | operating under this Act may in their jurisdiction, by a | ||||||
10 | majority vote, add to the definition of "person with a | ||||||
11 | developmental disability".
| ||||||
12 | (55 ILCS 105/1) (from Ch. 91 1/2, par. 201)
| ||||||
13 | Sec. 1. Facilities or services; tax levy. Any governmental | ||||||
14 | unit county may provide facilities or services for the benefit
| ||||||
15 | of its residents who are persons with intellectual or | ||||||
16 | developmental disabilities and who are not eligible to | ||||||
17 | participate
in any such program conducted under Article 14 of | ||||||
18 | the School Code, or
may contract therefor with any privately or | ||||||
19 | publicly operated entity
which provides facilities or services | ||||||
20 | either in or out of such governmental unit county .
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21 | For such purpose, the governmental unit county board may | ||||||
22 | levy an annual tax of not to
exceed .1% upon all of the taxable | ||||||
23 | property in the governmental unit county at the value
thereof, | ||||||
24 | as equalized or assessed by the Department of Revenue. Taxes |
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1 | first levied under this Section on or after the effective date | ||||||
2 | of this amendatory Act of the 96th General Assembly are subject | ||||||
3 | to referendum approval under Section 1.1 or 1.2 of this Act. | ||||||
4 | Such tax
shall be levied and collected in the same manner as
| ||||||
5 | other governmental unit county taxes, but shall not be included | ||||||
6 | in any limitation
otherwise prescribed as to the rate or amount | ||||||
7 | of governmental unit county taxes but shall
be in addition | ||||||
8 | thereto and in excess thereof. When collected, such tax
shall | ||||||
9 | be paid into a special fund in the governmental unit's county | ||||||
10 | treasury, to be
designated as the "Fund for Persons With a | ||||||
11 | Developmental Disability", and shall
be used
only for the | ||||||
12 | purpose specified in this Section. The levying of this annual | ||||||
13 | tax shall not preclude the governmental unit county from the | ||||||
14 | use of other federal, State, or local funds for the purpose of | ||||||
15 | providing facilities or services for the care and treatment of | ||||||
16 | its residents who are intellectually disabled mentally | ||||||
17 | retarded or under a developmental disability.
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18 | (Source: P.A. 99-143, eff. 7-27-15.)
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19 | (55 ILCS 105/1.1) | ||||||
20 | Sec. 1.1. Petition for submission to referendum by | ||||||
21 | governmental unit county . | ||||||
22 | (a) If , on and after the effective date of this amendatory | ||||||
23 | Act of the 96th General Assembly, the governmental unit's | ||||||
24 | county board passes an ordinance or resolution as provided in | ||||||
25 | Section 1 of this Act asking that an annual tax may be levied |
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1 | for the purpose of providing facilities or services set forth | ||||||
2 | in that Section and so instructs the county clerk, the clerk | ||||||
3 | shall certify the proposition to the proper election officials | ||||||
4 | for submission at the governmental unit's next general county | ||||||
5 | election. The proposition shall be in substantially the | ||||||
6 | following form: | ||||||
7 | Shall (governmental unit) ..... County levy an annual | ||||||
8 | tax not to
exceed 0.1% upon the equalized assessed value of | ||||||
9 | all taxable property in (governmental unit) the county for | ||||||
10 | the purposes of providing facilities or services for the | ||||||
11 | benefit of its residents who are persons with intellectual | ||||||
12 | or developmental disabilities and who are not eligible to | ||||||
13 | participate in any program provided under Article 14 of the | ||||||
14 | School Code, 105 ILCS 5/14-1.01 et seq., including | ||||||
15 | contracting for those facilities or services with any | ||||||
16 | privately or publicly operated entity that provides those | ||||||
17 | facilities or services either in or out of (governmental | ||||||
18 | unit)? the county? | ||||||
19 | (b) If a majority of the votes cast upon the proposition | ||||||
20 | are in favor thereof, such tax levy shall be authorized and the | ||||||
21 | governmental unit county shall levy a tax not to exceed the | ||||||
22 | rate set forth in Section 1 of this Act.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
24 | (55 ILCS 105/1.2) | ||||||
25 | Sec. 1.2. Petition for submission to referendum by |
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| |||||||
1 | electors. | ||||||
2 | (a) Whenever a petition for submission to referendum by the | ||||||
3 | electors which requests the establishment and maintenance of | ||||||
4 | facilities or services for the benefit of its residents with a | ||||||
5 | developmental disability and the levy of an annual tax not to | ||||||
6 | exceed 0.1% upon all the taxable property in the governmental | ||||||
7 | unit county at the value thereof, as equalized or assessed by | ||||||
8 | the Department of Revenue, is signed by electors of the | ||||||
9 | governmental unit county equal in number to at least 10% of the | ||||||
10 | total votes cast for the office that received the greatest | ||||||
11 | total number of votes at the last preceding general county | ||||||
12 | election of the governmental unit and is presented to the | ||||||
13 | county clerk, the clerk shall certify the proposition to the | ||||||
14 | proper election authorities for submission at the governmental | ||||||
15 | unit's next general county election. The proposition shall be | ||||||
16 | in substantially the following form: | ||||||
17 | Shall (governmental unit) ..... County levy an annual | ||||||
18 | tax not to
exceed 0.1% upon the equalized assessed value of | ||||||
19 | all taxable property in (governmental unit) the county for | ||||||
20 | the purposes of establishing and maintaining facilities or | ||||||
21 | services for the benefit of its residents who are persons | ||||||
22 | with intellectual or developmental disabilities and who | ||||||
23 | are not eligible to participate in any program provided | ||||||
24 | under Article 14 of the School Code, 105 ILCS 5/14-1.01 et | ||||||
25 | seq., including contracting for those facilities or | ||||||
26 | services with any privately or publicly operated entity |
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| |||||||
1 | that provides those facilities or services either in or out | ||||||
2 | of (governmental unit)? the county? | ||||||
3 | (b) If a majority of the votes cast upon the proposition | ||||||
4 | are in favor thereof, such tax levy shall be authorized and the | ||||||
5 | governmental unit county shall levy a tax not to exceed the | ||||||
6 | rate set forth in Section 1 of this Act.
| ||||||
7 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
8 | (55 ILCS 105/3) (from Ch. 91 1/2, par. 203)
| ||||||
9 | Sec. 3. Community County board for care and treatment of | ||||||
10 | persons with a developmental disability.
| ||||||
11 | (a) When any governmental unit county has authority to levy | ||||||
12 | a tax for the purpose of this
Act, the presiding officer of the | ||||||
13 | governmental unit's county board with the advice and consent of
| ||||||
14 | the governmental unit's county board, shall appoint a board of
| ||||||
15 | 3 directors who shall administer
this Act. The board shall be | ||||||
16 | designated the "(name of governmental unit county ) County Board | ||||||
17 | for
Care and Treatment of Persons with a Developmental
| ||||||
18 | Disability". The original appointees shall be appointed for | ||||||
19 | terms expiring,
respectively, on June 30 in the first, second | ||||||
20 | and third
years following their
appointment as designated by | ||||||
21 | the appointing authority. All succeeding terms
shall be for 3 | ||||||
22 | years and appointments shall be made in like manner. Vacancies
| ||||||
23 | shall be filled in like manner for the balance of the unexpired | ||||||
24 | term. Each
director shall serve until his successor is | ||||||
25 | appointed. Directors shall serve
without compensation but |
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1 | shall be reimbursed for expenses reasonably incurred
in the | ||||||
2 | performance of their duties.
| ||||||
3 | (b) The governmental unit's county board of any | ||||||
4 | governmental unit county that has established a 3-member board | ||||||
5 | under this Section may, by ordinance or resolution, provide | ||||||
6 | that the governmental unit's county board for
care and | ||||||
7 | treatment of persons with a developmental
disability in that | ||||||
8 | governmental unit county shall consist of 5 members. Within 60 | ||||||
9 | days after the ordinance or resolution is adopted, the | ||||||
10 | presiding officer of the governmental unit county , with the | ||||||
11 | advice and consent of the governmental unit's county board, | ||||||
12 | shall appoint the 2 additional members. One member shall serve | ||||||
13 | for a term expiring on June 30 of the second year following his | ||||||
14 | or her appointment, and one shall serve for a term expiring on | ||||||
15 | June 30 of the third year following his or her appointment. | ||||||
16 | Their successors shall serve for 3-year terms.
| ||||||
17 | (Source: P.A. 96-295, eff. 8-11-09.)
| ||||||
18 | (55 ILCS 105/4) (from Ch. 91 1/2, par. 204)
| ||||||
19 | Sec. 4.
The directors shall meet in July, annually, and | ||||||
20 | elect one of their
number as president and one as secretary, | ||||||
21 | and shall elect such other
officers as they deem necessary. | ||||||
22 | They shall adopt such rules for the
administration of this Act | ||||||
23 | as may be proper and expedient. They shall
report to the court, | ||||||
24 | from time to time, a detailed statement of their
| ||||||
25 | administration.
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1 | The board shall have exclusive control of all money paid | ||||||
2 | into the
Fund for Persons with a Developmental Disability and | ||||||
3 | shall draw upon the governmental unit's county
treasurer for | ||||||
4 | all or any part of that fund required by the board in the
| ||||||
5 | performance of its duties and exercise of its powers under this | ||||||
6 | Act.
| ||||||
7 | The board may establish, maintain , and equip facilities | ||||||
8 | within the governmental unit
county, for the care and treatment | ||||||
9 | of persons with a
developmental disability together with such | ||||||
10 | auxiliary facilities connected
therewith as the board finds | ||||||
11 | necessary. For those purposes, the board may
acquire, to be | ||||||
12 | held in its name, real and personal property within the | ||||||
13 | governmental unit county
by gift, grant, legacy, purchase , or | ||||||
14 | lease and may occupy, purchase, lease , or
erect an appropriate | ||||||
15 | building or buildings for the use of such facilities and
all | ||||||
16 | related facilities and activities.
| ||||||
17 | The board may provide for the care and treatment of persons | ||||||
18 | with a
developmental disability who are not residents of the | ||||||
19 | governmental unit
county and may establish and collect | ||||||
20 | reasonable charges for such services.
| ||||||
21 | (Source: P.A. 88-380; 88-388; 89-585, eff. 1-1-97.)
| ||||||
22 | (55 ILCS 105/5) (from Ch. 91 1/2, par. 205)
| ||||||
23 | Sec. 5.
The board of directors may accept any donation of | ||||||
24 | property for the
purpose specified in Section 1, and shall pay | ||||||
25 | over to the governmental unit's county
treasurer any money so |
| |||||||
| |||||||
1 | received, within 30 days of the receipt thereof.
| ||||||
2 | (Source: Laws 1961, p. 3804.)
| ||||||
3 | (55 ILCS 105/7) (from Ch. 91 1/2, par. 207)
| ||||||
4 | Sec. 7.
The rate at which the sums to be so charged as | ||||||
5 | provided in Section
6 of this Act shall be calculated by the | ||||||
6 | board of directors is the
average per capita operating cost for | ||||||
7 | all persons receiving the benefit of
such facilities or | ||||||
8 | services computed for each fiscal year; provided, that
the | ||||||
9 | board may, in its discretion, set the rate at a lesser amount | ||||||
10 | than such
average per capita cost. Less amounts may be accepted | ||||||
11 | by the board when
conditions warrant such action or when money | ||||||
12 | is offered by persons not
liable under Section 6. Any money | ||||||
13 | received pursuant to this Section shall
be paid into the | ||||||
14 | governmental unit's county Fund for Persons with a | ||||||
15 | Developmental Disability.
| ||||||
16 | (Source: P.A. 88-380; 88-388.)
| ||||||
17 | (55 ILCS 105/11) (from Ch. 91 1/2, par. 211)
| ||||||
18 | Sec. 11.
Upon request of the board of directors, the | ||||||
19 | State's Attorney of
the county in which a person who is liable | ||||||
20 | for payment of maintenance
charges resides shall file suit in | ||||||
21 | the circuit court to collect the amount
due. The court may | ||||||
22 | order the payment of sums due for maintenance for such
period | ||||||
23 | or periods as the circumstances require. Such order may be | ||||||
24 | entered
against any or all such defendants and may be based |
| |||||||
| |||||||
1 | upon the proportionate
ability of each defendant to contribute | ||||||
2 | to the payment of sums due. Orders
for the payment of money may | ||||||
3 | be enforced by attachment as for contempt
against the persons | ||||||
4 | of the defendants, and in addition as other judgments
at law, | ||||||
5 | and costs may be adjudged against the defendants and | ||||||
6 | apportioned
among them, but if the complaint is dismissed the | ||||||
7 | costs shall be borne by
the governmental unit county .
| ||||||
8 | The provisions of the Civil Practice Law, and all | ||||||
9 | amendments thereto, shall
apply to and govern all actions | ||||||
10 | instituted under the provisions of this Act.
| ||||||
11 | (Source: P.A. 82-783.)
| ||||||
12 | (55 ILCS 105/14 new) | ||||||
13 | Sec. 14. Amendatory changes. The changes made by this | ||||||
14 | amendatory Act of the 100th General Assembly do not: (i) | ||||||
15 | dissolve or discontinue a county community developmental | ||||||
16 | disabilities board established on or before the effective date | ||||||
17 | of this amendatory Act of the 100th General Assembly; (ii) | ||||||
18 | affect any tax levied or fund operated by a county community | ||||||
19 | developmental disabilities board; or (iii) affect in any other | ||||||
20 | way a county community developmental disabilities board | ||||||
21 | operated as it previously had been operating under this Act.
| ||||||
22 | Section 98. Illinois Compiled Statutes reassignment. The | ||||||
23 | Legislative Reference Bureau shall reassign the Community Care | ||||||
24 | for Persons with Developmental Disabilities Act (formerly the |
| |||||||
| |||||||
1 | County Care for Persons with Developmental Disabilities Act) to | ||||||
2 | the location 50 ILCS 835/ in the Illinois Compiled Statutes and | ||||||
3 | file appropriate documents with the Index Division of the | ||||||
4 | Office of the Secretary of State in accordance with subsection | ||||||
5 | (c) of Section 5.04 of the Legislative Reference Bureau Act.".
|