745 ILCS 10/9-107
2021 Illinois Compiled Statutes|Chapter 745 - CIVIL IMMUNITIES|745 ILCS 10/ - Local Governmental and Governmental Employees Tort Immunity Act.|Article IX - Payment Of Claims And Judgment

(745 ILCS 10/9-107) (from Ch. 85, par. 9-107)Sec. 9-107. Policy; tax levy.(a)  The General Assembly finds that the purpose of this Section is to  provide an extraordinary tax for funding expenses relating to (i) tort liability,  (ii) liability relating to actions brought under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Environmental Protection Act, but only until December 31, 2010, (iii) insurance, and (iv) risk management programs.  Thus, the tax has been excluded from  various limitations otherwise applicable to tax levies.  Notwithstanding the  extraordinary nature of the tax authorized by this Section, however, it has  become apparent that some units of  local government are using the tax revenue to fund expenses more properly paid  from general operating funds.  These uses of the revenue are inconsistent with  the limited purpose of the tax authorization.Therefore, the General Assembly declares, as a matter of policy, that (i) the  use of the tax revenue authorized by this Section for purposes not expressly  authorized under this Act is improper and (ii) the provisions of this Section  shall be strictly construed  consistent with this declaration and the Act's express purposes.(b) A local public entity may annually levy or have levied on  its behalf taxes upon all taxable property within its territory at  a rate that will produce a sum that will be sufficient to:  (i) pay the cost  of insurance, individual or joint self-insurance (including  reserves thereon), including all operating and administrative costs and  expenses directly associated therewith, claims services and risk management  directly attributable to loss prevention and loss reduction, legal services  directly attributable  to the insurance, self-insurance, or joint self-insurance program, and  educational, inspectional, and supervisory  services directly relating to loss prevention and loss reduction, participation  in a reciprocal  insurer as provided in Sections 72, 76, and 81 of the Illinois Insurance Code,  or participation in a  reciprocal insurer, all as provided in settlements or judgments under  Section 9-102, including all costs and reserves directly attributable to  being a member of an insurance  pool, under Section 9-103; (ii) pay the costs of and principal  and interest on bonds issued under Section 9-105; (iii) pay judgments  and settlements under Section 9-104 of this Act; (iv) discharge  obligations under Section 34-18.1 of the School  Code or make transfers under Section 17-2A of the School Code; (v) pay judgments and settlements under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Environmental Protection Act, but only until December 31, 2010; (vi) pay the costs authorized by the Metro-East Sanitary District Act of 1974 as provided in subsection (a) of Section 5-1 of that Act; and  (vii)    pay the cost of  risk management programs.  Provided it complies with any other applicable  statutory requirements, the local public entity may self-insure and  establish reserves for expected losses for any property damage or for any  liability or loss for which  the local public entity is authorized to levy or have levied on its behalf  taxes for the purchase of insurance or the payment of judgments or  settlements under this Section. The decision of the board to establish a  reserve shall be based on reasonable actuarial or insurance underwriting  evidence and subject to the limits and reporting provisions in Section  9-103.If a school district was a member of a joint-self-health-insurance  cooperative that had more liability in outstanding claims than revenue to pay  those claims, the school board of that district may by resolution  make a one-time transfer from any fund in which tort immunity moneys are  maintained to the fund  or funds from which  payments to a joint-self-health-insurance  cooperative can  be or have been made of an amount not to exceed the amount of the  liability claim that the school district  owes to the joint-self-health-insurance cooperative or that the school district  paid within the 2 years immediately preceding the effective date of this  amendatory Act  of the 92nd General Assembly.Funds raised pursuant to this Section shall, unless lawfully transferred as provided in Section 17-2A of the School Code, only be used for the purposes  specified in this Act, including protection against and reduction of any  liability or loss described  hereinabove and under  Federal or State common or statutory law, the Workers' Compensation Act,  the Workers' Occupational Diseases Act and the Unemployment Insurance Act.  Funds  raised pursuant to this Section may be invested in any manner in which  other funds of local public entities may be invested under Section 2 of the  Public Funds Investment Act.  Interest on such  funds shall be used only for purposes for which the funds can be used or,  if surplus, must be used for abatement of property  taxes levied by the local taxing entity.A local public entity may enter into intergovernmental contracts with a  term of not to exceed 12 years for the provision of joint self-insurance  which contracts may include an obligation to pay a proportional share of a  general obligation or revenue bond or other debt instrument issued by a  local public entity which is a party to the intergovernmental contract and  is authorized by the terms of the contract to issue the bond or other debt  instrument.  Funds due under such contracts shall not be considered debt  under any constitutional or statutory limitation and the local public  entity may levy or have levied on its behalf taxes to pay for its  proportional share under the contract.  Funds raised pursuant to  intergovernmental contracts for the provision of joint self-insurance may  only be used for the payment of any cost, liability or loss against which  a local public entity may protect itself or self-insure pursuant to Section  9-103 or for the payment of which such entity may levy a tax pursuant to  this Section, including tort judgments or settlements, costs  associated with the issuance, retirement or refinancing of the bonds or  other debt instruments, the repayment of the principal or interest of the  bonds or other debt instruments, the costs of the administration of the  joint self-insurance fund, consultant, and risk care management programs or  the costs of insurance.  Any surplus returned to the local public entity  under the terms of the intergovernmental contract shall be used only for  purposes set forth in subsection (a) of Section 9-103 and Section 9-107 or for  abatement of property  taxes levied by the local taxing entity.Any tax levied under this Section shall be levied and collected in  like manner with the general taxes of the entity and shall be exclusive  of and in addition to the amount of tax that entity is now or may  hereafter be authorized to levy for general purposes under any statute  which may limit the amount of tax which that entity may levy for general  purposes. The county clerk of the county in which any part of the  territory of the local taxing entity is located, in reducing tax levies  under the provisions of any Act concerning the levy and extension of  taxes, shall not consider any tax provided for by this Section as a part  of the general tax levy for the purposes of the entity nor include such  tax within any limitation of the percent of the assessed valuation upon  which taxes are required to be extended for such entity.With respect to taxes levied under this Section,  either before, on, or  after the effective date of this amendatory Act of 1994:(1) Those taxes are excepted from and shall not be     included within the rate limitation imposed by law on taxes levied for general corporate purposes by the local public entity authorized to levy a tax under this Section.(2) Those taxes that a local public entity has levied     in reliance on this Section and that are excepted under paragraph (1) from the rate limitation imposed by law on taxes levied for general corporate purposes by the local public entity are not invalid because of any provision of the law authorizing the local public entity's tax levy for general corporate purposes that may be construed or may have been construed to restrict or limit those taxes levied, and those taxes are hereby validated. This validation of taxes levied applies to all cases pending on or after the effective date of this amendatory Act of 1994.(3) Paragraphs (1) and (2) do not apply to a hospital     organized under Article 170 or 175 of the Township Code, under the Town Hospital Act, or under the Township Non-Sectarian Hospital Act and do not give any authority to levy taxes on behalf of such a hospital in excess of the rate limitation imposed by law on taxes levied for general corporate purposes. A hospital organized under Article 170 or 175 of the Township Code, under the Town Hospital Act, or under the Township Non-Sectarian Hospital Act is not prohibited from levying taxes in support of tort liability bonds if the taxes do not cause the hospital's aggregate tax rate from exceeding the rate limitation imposed by law on taxes levied for general corporate purposes.Revenues derived from such tax shall be paid to the treasurer of the  local taxing entity as collected and used for the purposes of this  Section and of Section 9-102,  9-103, 9-104 or 9-105, as the case may  be. If payments on account of such taxes are insufficient during any  year to meet such purposes, the entity may issue tax anticipation  warrants against the current tax levy in the manner provided by statute.  (Source: P.A. 99-922, eff. 1-17-17.)