June 21, 2015
Dispatch/Argus article-
How are property taxes spent?
http://www.qconline.com/news/local/rock-island-county-land-values-property-taxes-increase/article_e56be73a-770d-538a-bbd3-bfd0799e1b30.html
I have
addressed in full board and in committee that paying 50% of county board
salaries out of the tort liability fund needs to be re-evaluated.
I have discussed this with our administrator and this will be addressed properly
during budget.
Link to October 2014 County Board Minutes,
page 26-27
http://www.rockislandcounty.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=38035&libID=1000005896
Text below:
Board Member Mielke was recognized.
Mr. Mielke stated, "You mentioned the Liability Fund...and I did
get emails from
residents of the county questioning that. Specifically the
Liability Funds 50% of the County Board Salaries. You
mentioned it just now, and my question is... is that
tapped into for other needs for this budget."
Mr. Jacobs stated, "The State's Attorney ...which is legal. John
has given us the approval on that."
Mr. Mielke asked, "I guess the reason why I am curious and why I
keep getting emails and I think other County Board
Members do too, when I read the Statute that saying
that ... it says:
"Notwithstanding this
historic nature of this tax does authorize...become
apparent that some units of local government are using this
tax as a tax revenue that is quite extensive of what is being paid with
the general operating funds."
And I understand we don't have an operating
fund ...they are adequate, but I guess I just want to make it known that
we have
ROCK ISLAND COUNTY BOARD
10-21-2014 PAGE
26
other people asking the same question...why we are at the level
we are with County Board Salaries?"
Mr. Jacobs answered, "Because we have statutory things that we
have to do and there is no place to get the money. We
can't go to the Highway Fund, that would be illegal.
We can't go to the Bridge Fund, that would be illegal. Mental
Health Fund has a $.15 levy and we only use $.06 of it. We could pick up
$2.5 million there, but it's illegal. The Liability
Insurance can be used for any liability.
Anything that's like with John's office (State's Attorney) and
half of our salary."
Mr. Mielke asked, "Can I ask one more question to the State's
Attorney?"
Mr. Jacobs said, "Go ahead."
Mr. Mielke asked, "John, can you provide some of that
information that I can provide to the people that will
answer their questions."
Mr. McGehee answered, "I have provided that information to
several committees at their meetings regarding the
Civil Liability Fund. I understand that the Statute is
specific to that particular concern, but the Legislature has. And, I
indicated to them at their committee meetings that there has to be a
risk' management for each particular
committee...and that needs to be developed so
that the county does try to avoid any kind of civil liability and lawsuits
because it affects everybody across the board. Each committee deals with
civil liability issues. They are constantly being sued
and we have lots of issues that are dealt with ...and
there needs to be a plan for each particular one related to
that. So, I know there is a plan for each particular department now, and
each committee needs to look at that and see if there
needs to be more in that. That's what the law is
and that's what I have advised to the county."
Mr. Jacobs answered, "We would like to not have to use the
Liability Insurance, but we have a General Fund that's
got 95% salaries and wages."
Mr. Mielke stated, "It sounds like the General Fund is
inadequate."
Mr. Jacobs answered, "Well, it definitely is."
Mr. Mielke stated, "Well that's the answer I'll give."
Mr. Jacobs added, "That's what I'm trying to tell you right
now."
Mr. Mielke added, "No, I get it...but I get troubled by...when I
read ... "
ROCK ISLAND COUNTY BOARD
10-21-2014 PAGE
27 |
The Statue:
Sec. 9-107. Policy; tax levy.
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074500100K9-107
Sec. 9-107. Policy; tax levy.
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074500100K9-107
(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; (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 (70 ILCS 2905/5-1);
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 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 |
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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.
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(2)
Those taxes that a local public entity has levied |
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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.
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(3)
Paragraphs (1) and (2) do not apply to a hospital |
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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.
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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. 95-244, eff. 8-17-07; 95-723, eff. 6-23-08.)
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