Illinois Compiled Statutes
105 ILCS 5/17-2.5 (2026)
Tax for tort immunity
✓ current as of May 2026
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(105 ILCS 5/17-2.5)
(from Ch. 122, par. 17-2.5)
Sec. 17-2.5. Tax for tort immunity. The school board of any district
may by proper resolution levy an annual tax upon the value of the taxable
property within its territory as equalized or assessed by the Department of
Revenue at a rate that will produce a sum sufficient (i) to pay the cost of
settlements or judgments under Section 9-102 of the Local Governmental and
Governmental Employees Tort Immunity Act, (ii) to pay the cost of settlements or judgments under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Environmental Protection Act, but only until December 31, 2010, (iii) to
pay the costs of protecting itself or its employees against liability,
property damage or loss, including all costs and reserves of being a member
of an insurance pool, under Section 9-103 of the Local Governmental and Governmental Employees Tort Immunity Act, (iv) to pay the costs of
and principal and interest on bonds issued under Section 9-105 of the Local Governmental and Governmental Employees Tort Immunity
Act,
(v) to pay tort judgments or settlements under Section 9-104 of the Local Governmental and Governmental Employees Tort Immunity Act to
the extent necessary to discharge such obligations, and (vi) to pay the cost of
risk care management programs in accordance with Section 9-107 of the Local Governmental and Governmental Employees Tort Immunity
Act.
(Source: P.A. 95-244, eff. 8-17-07.)
Notes of Decisions
Cited in 2
cases, 1997–1997 · leading case: People Who Care v. Rockford Bd. of Educ., Sch. Dist. No. 205, 111 F.3d 528 (7th Cir. 1997).
People Who Care v. Rockford Bd. of Educ., Sch. Dist. No. 205, 111 F.3d 528 (7th Cir. 1997). “We cannot fathom the magistrate judge’s desire to “wean” the school district from its dependence on this fund to finance compliance with the decree, especially given the limits that Illinois law places on the power of local government to raise property taxes.”
People Who Care v. Rockford Bd. Of Educ., 111 F.3d 528 (7th Cir. 1997). “The question whether it is lawful under Illinois law to use the tort fund for compliance with a desegregation decree is currently before the Illinois courts. We cannot fathom the magistrate judge's desire to "wean" the school district from its dependence on this fund to finance…”
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