94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5569


 
Introduced 2/1/2006, by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 		














55 ILCS 5/5-21001
  from Ch. 34, par. 5-21001







    Amends the Counties Code. Provides that the property tax imposed with respect to a county home may not exceed 0.2% (now, 0.1%) of the value, as equalized or
assessed by the Department of Revenue, of all the
taxable property in the county. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5569

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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Counties Code is amended  by changing Section 
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5-21001 as follows:
 



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    (55 ILCS 5/5-21001)  (from Ch. 34, par. 5-21001)



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    Sec. 5-21001. Establishment and maintenance of county 
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home. In any county
which establishes and maintains a county 
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sheltered care home or a county
nursing home for the care of 
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infirm or chronically ill persons, as provided
in Section 
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5-1005, the County Board shall have power:

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    1. To acquire in the name of the county by purchase, grant, 
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gift, or
legacy, a suitable tract or tracts of land upon which 
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to erect and
maintain the home, and in connection therewith a 
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farm or acreage for the
purpose of providing supplies for the 
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home and employment for such
patients as are able to work and 
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benefit thereby.

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    The board shall expend not more than $20,000 for the 
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purchase of any
such land or the erection of buildings without 
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a 2/3 vote of all its
 members in counties of 300,000 or more 
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population, or a favorable
vote of at least a majority of all 
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its members in counties under 300,000
population.

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    2. To receive in the name of the county, gifts and
legacies 
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to aid in the erection or maintenance of the home.

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    3. To appoint a superintendent and all necessary employees 
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for the
management and control of the home and to prescribe 
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their compensation
and duties.

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    4. To arrange for physicians' services and other medical 
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care for
the patients in the home and prescribe the 
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compensation and duties of
physicians so designated.

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    5. To control the admission and discharge of patients in 
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the home.

 


 






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    6. To fix the rate per day, week, or month which it will 
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charge for
care and maintenance of the patients. Rates so 
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established may vary
according to the amount of care required, 
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but the rates shall be uniform
for all persons or agencies 
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purchasing care in the home except rates for
persons who are 
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able to purchase their own care may approximate actual cost.

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    7. To make all rules and regulations for the management of 
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the home
and of the patients therein.

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    8. To make appropriations from the county treasury for the 
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purchase
of land and the erection of buildings for the home, 
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and to defray the
expenses necessary for the care and 
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maintenance of the home and for
providing maintenance, personal 
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care and nursing services to the
patients therein, and to cause 
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an amount sufficient for those purposes
to be levied upon the 
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taxable property of the counties and collected as
other taxes 
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and further providing that in counties with a population of
not 
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more than 1,000,000 to levy and collect
annually a tax of not 
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to exceed 0.2%
.1% of the value, as equalized or
assessed by 
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the Department of Revenue, of all the
taxable property in the 
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county for these purposes.  The tax shall be in
addition to all 
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other taxes which the county is authorized to levy on
the 
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aggregate valuation of the property within the county and shall 
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not
be included in any limitation of the tax rate upon which 
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taxes are
required to be extended, but shall be excluded 
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therefrom and in addition
thereto.  The tax shall be levied and 
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collected in like manner as the
general taxes of the county, 
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and when collected, shall be paid into a
special fund in the 
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county treasury and used only as herein authorized. No
such tax 
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shall be levied or increased from a rate lower than the maximum

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rate in any such county until the question of levying
such tax 
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has first been submitted to the voters of such county at an

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election held in such county, and has been approved by a 
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majority of such
voters voting thereon.  The corporate 
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authorities shall certify the
question of levying such tax to 
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the proper election officials, who shall
submit the question to 
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the voters at an election held in accordance with
the general 
 


 






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election law.

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    The proposition shall be in substantially the following 
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form:

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-------------------------------------------------------------

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    Shall ........ County be authorized

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to levy and collect a tax at a rate not            YES

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to exceed 0.2%

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.1% for the purpose of          -----------------------------

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   ........ (purchasing, maintaining) a            NO

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 county nursing home?

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-------------------------------------------------------------

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    If a majority of votes cast on the question are in favor, 
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the county shall
be authorized to levy the tax.

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    If the county has levied such tax at a rate lower than the 
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maximum
rate set forth in this Section, the county board may 
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increase the rate of
the tax, but not to exceed such maximum 
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rate, by certifying the proposition
of such increase
to the 
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proper election officials for submission to the voters of the 
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county
at a regular election in accordance with the general 
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election law.  The
proposition shall be in substantially the 
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following form:

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-------------------------------------------------------------

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    Shall the maximum rate

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of the tax levied by........            YES

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County for the purpose of.......

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(purchasing, maintaining) a      ----------------------------

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county nursing home be

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increased from........ to               NO

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........ (not to exceed 0.2%

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.1%)

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-------------------------------------------------------------

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    If a majority of all the votes cast upon the proposition 
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are in favor
thereof, the county board may levy the tax at a 
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rate not to exceed the rate
set forth in this Section.

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    9. Upon the vote of a 2/3 majority of all the members of 
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the
board, to sell, dispose of or lease for any term, any part 
 


 






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of the home
properties in such manner and upon such terms as it 
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deems best for the
interest of the county, and to make and 
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execute all necessary
conveyances thereof in the same manner as 
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other conveyances of real
estate may be made by a county.  
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However, if the home was erected after
referendum approval by 
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the voters of the county, it shall not be sold
or
disposed of 
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except after referendum approval thereof by a
majority of the 
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voters of the county voting thereon.

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    If the home was erected after referendum approval by the 
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voters of the
county, the county nursing home may be leased 
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upon the vote of a 3/5 majority
of
all the members of the 
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board.

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    10. To operate a sheltered care home as a part of a county 
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nursing
home provided that a license to do so is obtained 
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pursuant to the
Nursing Home Care Act, as amended.

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(Source: P.A. 89-185, eff. 1-1-96.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.