Champaign County Public Safety Tax -Electioneering With Public Funds And False Information?

Champaign Co. (ECWd) –

Champaign County is facing an electioneering complaint regarding the attempt to pass a public safety tax increase, doubling that specific tax.   Two prior articles on the issues being raised can be viewed here and here.

The county has spent over $22,000.00 promoting the ballot proposition to increase the public safety tax.  One of the flyers being mailed in support of this tax increase claimed the tax increase could be used to expand services to Veterans.

On the back of the flyer it states:

“This information is provided to disseminate factual information relative to the proposition appearing on the ballot. This is not provided to urge any elector to vote for or against any candidate or proposition. Paid for by the County of Champaign, Illinois” (emphasis added)

We contend the information in the flyer is NOT factual information and the actual Veterans Assistance Act forbids use of public safety tax as a funding source.

According to the Military Veterans Assistance Act, there are three sources of funding.

(1) The supervisor of general assistance or the county board shall provide such sums of money as may be just and necessary to be drawn by the commander, quartermaster or commandant of any veterans service organization, in the city or town, or the superintendent of any Veterans’ Assistance Commission of the county, upon the recommendation of the assistance committee of that veterans service organization or Veterans’ Assistance Commission.
(A) Funding for Veterans Assistance Commissions may be derived from 3 sources, if applicable:
(i) a tax levied under Section 5-2006 of the Counties Code and Section 12-21.13 of the Illinois Public Aid Code;
(ii) funds from the county general corporate fund; and
(iii) State funds from the Department of Human Services.

Had the legislature intended for the Public Safety Tax to be a funding source they would have included it in the law.

In order to know what this tax increase can be used for we must first look to the original ballot question in 1998 because this is an increase to that ballot measure.

“Shall the County of Champaign be authorized to impose a Public Safety Tax at the rate of one-quarter percent per dollar upon all persons engaged in the business of selling tangible personal property at retail in the County on gross receipts from the sales made in the course of their business to be used for crime prevention, detention, and other public safety purposes?”

Based on the original ballot question, any current or potential future public safety tax does not appear to qualify for Veterans Assistance, as this flyer claims.

The Special County Retailers’ Occupation Tax has specific language for different categories that the tax can be used for.  “Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation” are independent ballot measures that requires specific language on the ballot for each category.

1. “To pay for public safety purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?”
   • “For the purposes of the paragraph, “public safety purposes” means crime prevention, detention, fire fighting, police, medical, ambulance, or other emergency services.”
2. “To pay for improvements to roads and other transportation purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?”
   • For the purposes of this paragraph, transportation purposes means construction, maintenance, operation, and improvement of public highways, any other purpose for which a county may expend funds under the Illinois Highway Code, and passenger rail transportation.
3. “To pay for public facilities purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?”
   • For purposes of this Section, “public facilities purposes” means the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the public facilities, for use by the county for the furnishing of governmental services to its citizens, including, but not limited to, museums and nursing homes.
4. “To pay for mental health purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?”
   
   • No definition is provided in the law.
5. “To pay for substance abuse purposes, shall (name of county) be authorized to impose an increase on its share of local sales taxes by (insert rate)?”
   • No definition is provided in the law.

The definition for the tax being proposed is clear and does not include veterans as claimed in their flyer.

“public safety purposes” means crime prevention, detention, fire fighting, police, medical, ambulance, or other emergency services.”

As reported in our prior article, the State’s Attorney, after being called out on the alleged improper spending of public funds in support of a ballot question has taken the position that the law is unconstitutionally vague as a statute.

“The state’s attorney’s office in a recent filing to the board of elections wrote: “Should this matter proceed, Respondent assets that 10 ILCS 5/9-25.1 is unconstitutionally vague as a statute which carries potentially criminal penalties as “factual information” is not defined and anyone could argue that factual information constitutions information offered for personal persuasion or advocacy rather than for information and education.” (emphasis added)

By all indications in the public record, Champaign County is using public funds to promote a ballot measure by claiming it can be used for Veterans when there is no such provision for the Public Safety Tax currently in place.

It’s a sad day when the taxpayer’s own money is being used in order to promote the taking of even more taxpayer money.