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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 28-1 as follows:
6 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
7 Sec. 28-1. The initiation and submission of all public
8 questions to be voted upon by the electors of the State or of
9 any political subdivision or district or precinct or
10 combination of precincts shall be subject to the provisions of
11 this Article.
12 Questions of public policy which have any legal effect
13 shall be submitted to referendum only as authorized by a
14 statute which so provides or by the Constitution. Advisory
15 questions of public policy shall be submitted to referendum
16 pursuant to Section 28-5 or pursuant to a statute which so
17 provides.
18 The method of initiating the submission of a public
19 question shall be as provided by the statute authorizing such
20 public question, or as provided by the Constitution.
21 All public questions shall be initiated, submitted and
22 printed on the ballot in the form required by Section 16-7 of
23 this Act, except as may otherwise be specified in the statute
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1 authorizing a public question.
2 Whenever a statute provides for the initiation of a public
3 question by a petition of electors, the provisions of such
4 statute shall govern with respect to the number of signatures
5 required, the qualifications of persons entitled to sign the
6 petition, the contents of the petition, the officer with whom
7 the petition must be filed, and the form of the question to be
8 submitted. If such statute does not specify any of the
9 foregoing petition requirements, the corresponding petition
10 requirements of Section 28-6 shall govern such petition.
11 Irrespective of the method of initiation, not more than 3
12 public questions other than (a) back door referenda, (b)
13 referenda to determine whether a disconnection may take place
14 where a city coterminous with a township is proposing to annex
15 territory from an adjacent township, (c) referenda held under
16 the provisions of the Property Tax Extension Limitation Law in
17 the Property Tax Code, (d) referenda held under Section 2-3002
18 of the Counties Code, or (e) referenda held under Article 22,
19 23, or 29 of the Township Code may be submitted to referendum
20 with respect to a political subdivision at the same election.
21 If more than 3 propositions are timely initiated or
22 certified for submission at an election with respect to a
23 political subdivision, the first 3 validly initiated, by the
24 filing of a petition or by the adoption of a resolution or
25 ordinance of a political subdivision, as the case may be,
26 shall be printed on the ballot and submitted at that election.
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1 However, except as expressly authorized by law not more than
2 one proposition to change the form of government of a
3 municipality pursuant to Article VII of the Constitution may
4 be submitted at an election. If more than one such proposition
5 is timely initiated or certified for submission at an election
6 with respect to a municipality, the first validly initiated
7 shall be the one printed on the ballot and submitted at that
8 election.
9 No public question shall be submitted to the voters of a
10 political subdivision at any regularly scheduled election at
11 which such voters are not scheduled to cast votes for any
12 candidates for nomination for, election to or retention in
13 public office, except that if, in any existing or proposed
14 political subdivision in which the submission of a public
15 question at a regularly scheduled election is desired, the
16 voters of only a portion of such existing or proposed
17 political subdivision are not scheduled to cast votes for
18 nomination for, election to or retention in public office at
19 such election, but the voters in one or more other portions of
20 such existing or proposed political subdivision are scheduled
21 to cast votes for nomination for, election to or retention in
22 public office at such election, the public question shall be
23 voted upon by all the qualified voters of the entire existing
24 or proposed political subdivision at the election.
25 Not more than 3 advisory public questions may be submitted
26 to the voters of the entire state at a general election. If
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1 more than 3 such advisory propositions are initiated, the
2 first 3 timely and validly initiated shall be the questions
3 printed on the ballot and submitted at that election; provided
4 however, that a question for a proposed amendment to Article
5 IV of the Constitution pursuant to Section 3, Article XIV of
6 the Constitution, or for a question submitted under the
7 Property Tax Cap Referendum Law, shall not be included in the
8 foregoing limitation.
9 Notwithstanding any other provision of law, a community
10 mental health public question may not be placed on the 2024
11 primary or general election ballot or on the 2025 consolidated
12 election ballots in the same township where a community mental
13 health public question was approved on the 2022 general
14 election ballot.
15 (Source: P.A. 103-565, eff. 11-17-23.)
16 Section 10. The Property Tax Code is amended by changing
17 Sections 15-125 and 18-103 and by adding Section 18-184.21 as
18 follows:
19 (35 ILCS 200/15-125)
20 Sec. 15-125. Parking areas.
21 (a) Parking areas, not leased or used for profit other
22 than those lease or rental agreements subject to subsection
23 (b) of this Section, when used as a part of a use for which an
24 exemption is provided by this Code and owned by any school
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1 district, non-profit hospital, school, or religious or
2 charitable institution which meets the qualifications for
3 exemption, are exempt.
4 (b) Parking areas owned by any religious institution that
5 meets the qualifications for exemption, when leased or rented
6 to a mass transportation entity for the limited free parking
7 of the commuters of the mass transportation entity, are
8 exempt.
9 (c) Parking areas owned by any religious institution that
10 meets the qualifications for exemption, when leased or rented
11 to a municipality for the purpose of providing free public
12 parking, are exempt, so long as the lease is for no more than
13 nominal consideration. For purposes of this Section,
14 maintenance and insurance of the parking areas by the
15 municipality shall be considered nominal consideration.
16 (d) Parking areas that are owned by a non-profit trust
17 fund, a non-profit labor union, or a 501(c)(2) entity
18 controlled by a non-profit trust fund or non-profit labor
19 union and that are used primarily for parking for an
20 educational trade school described in Section 15-37 are
21 exempt.
22 (Source: P.A. 100-455, eff. 8-25-17.)
23 (35 ILCS 200/18-103)
24 Sec. 18-103. General Community Mental Health Act
25 Validation Law. On and after January 1, 1994 and on or before
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1 the effective date of this amendatory Act of the 103rd General
2 Assembly the effective date of this amendatory Act of the
3 103rd General Assembly, the provisions of the Truth in
4 Taxation Law are subject to the Community Mental Health Act,
5 Section 5-25025 of the Counties Code, the Community Care for
6 Persons with Developmental Disabilities Act, and those
7 referenda under those Acts authorizing and creating boards and
8 levies. The purpose of this Section is to validate boards and
9 levies created on or after January 1, 1994 and on or before the
10 effective date of this amendatory Act of the 103rd General
11 Assembly the effective date of this amendatory Act of the
12 103rd General Assembly that relied on conflicting referenda
13 language contained in the Community Mental Health Act, the
14 Counties Code, and the Community Care for Persons with
15 Developmental Disabilities Act.
16 (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.)
17 (35 ILCS 200/18-184.21 new)
18 Sec. 18-184.21. Special service area; tax increment
19 allocation redevelopment project area abatement.
20 (a) In counties with 3,000,000 or more inhabitants, a
21 non-home rule municipality may, by ordinance, order the county
22 clerk to retroactively abate any portion of its tax year 2023
23 property taxes on property that is within the municipality and
24 that is also located within a special service area and a
25 redevelopment project area created pursuant to the Tax
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1 Increment Allocation Redevelopment Act if the following
2 requirements are met:
3 (1) the special service area consists of a single tax
4 parcel;
5 (2) the non-home rule municipality has, at any time,
6 adopted an abatement ordinance covering the property for
7 the 2023 tax levy; and
8 (3) the county clerk extended taxes against the
9 property for tax year 2023 that are collectable in 2024.
10 (b) The county clerk shall reextend the 2023 rate against
11 the property pursuant to the abatement ordinance described in
12 this Section and shall issue the reextended rate to the county
13 treasurer.
14 (c) Notwithstanding the provisions of Section 21-25, the
15 county treasurer shall reissue a revised tax bill for the
16 property pursuant to subsection (b), and penalties and
17 interest shall be waived for a period of 30 days from the time
18 the county treasurer reissues the revised tax bill.
19 (d) This Section is repealed on January 1, 2026.
20 Section 15. The Community Care for Persons with
21 Developmental Disabilities Act is amended by changing Section
22 1.2 as follows:
23 (50 ILCS 835/1.2) (was 55 ILCS 105/1.2)
24 Sec. 1.2. Petition for submission to referendum by
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1 electors.
2 (a) Whenever a petition for submission to referendum by
3 the electors which requests the establishment and maintenance
4 of facilities or services for the benefit of its residents
5 with a developmental disability and the levy of an annual tax
6 not to exceed 0.1% upon all the taxable property in the
7 governmental unit at the value thereof, as equalized or
8 assessed by the Department of Revenue, is signed by electors
9 of the governmental unit equal in number to at least 10% of the
10 total votes cast for the office that received the greatest
11 total number of votes at the last preceding general election
12 of the governmental unit and is presented to the county clerk,
13 the clerk shall certify the proposition to the proper election
14 authorities for submission at the governmental unit's next
15 general election. The proposition shall be in substantially
16 the following form:
17 Shall (governmental unit) levy an annual tax not to
18 exceed 0.1% upon the equalized assessed value of all
19 taxable property in (governmental unit) for the purposes
20 of establishing and maintaining facilities or services for
21 the benefit of its residents who are persons with
22 intellectual or developmental disabilities and who are not
23 eligible to participate in any program provided under
24 Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
25 including contracting for those facilities or services
26 with any privately or publicly operated entity that
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1 provides those facilities or services either in or out of
2 (governmental unit)?
3 (b) If a majority of the votes cast upon the proposition
4 are in favor thereof, such tax levy shall be authorized and the
5 governmental unit shall levy a tax not to exceed the rate set
6 forth in Section 1 of this Act.
7 (c) If the governmental unit is also subject to the
8 Property Tax Extension Limitation Law, then the proposition
9 shall also comply with the Property Tax Extension Limitation
10 Law. Notwithstanding any provision of this subsection, any
11 referendum imposing an annual tax on or after January 1, 1994
12 and prior to the effective date of this amendatory Act of the
13 103rd General Assembly the effective date of this amendatory
14 Act of the 103rd General Assembly that complies with this
15 Section is hereby validated.
16 (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.)
17 Section 20. The Counties Code is amended by changing
18 Section 5-25025 as follows:
19 (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025)
20 Sec. 5-25025. Mental health program. If the county board
21 of any county having a population of less than 1,000,000
22 inhabitants and maintaining a county health department under
23 this Division desires the inclusion of a mental health program
24 in that county health department and the authority to levy the
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1 tax provided for in subsection (c) of this Section, the county
2 board shall certify that question to the proper election
3 officials, who shall submit the proposition at an election in
4 accordance with the general election law. The proposition
5 shall be in substantially the following form:
6 ----------------
7 Shall ...........County include
8 a mental health program in the YES
9 county health department, and
10 levy an annual tax of not to exceed ----------------------
11 .05% of the value of all taxable
12 property for use for mental health
13 purposes by the county health NO
14 department?
15 -------------------------------------------------------------
16 If a majority of the electors voting at that election vote
17 in favor of the proposition, the county board may include the
18 mental health program in the county health department and may,
19 annually, levy the additional tax for mental health purposes.
20 All mental health facilities provided shall be available to
21 all citizens of the county, but the county health board may
22 vary any charges for services according to ability to pay.
23 If the county is also subject to the Property Tax
24 Extension Limitation Law, then the proposition shall also
25 comply with the Property Tax Extension Limitation Law.
26 Notwithstanding any provision of this Section, any referendum
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1 imposing an annual tax on or after January 1, 1994 and prior to
2 the effective date of this amendatory Act of the 103rd General
3 Assembly the effective date of this amendatory Act of the
4 103rd General Assembly that complies with this Section is
5 hereby validated.
6 When the inclusion of a mental health program has been
7 approved:
8 (a) To the extent practicable, at least one member of the
9 County Board of Health, under Section 5-25012, shall be a
10 person certified by The American Board of Psychiatry and
11 Neurology professionally engaged in the field of mental health
12 and licensed to practice medicine in the State, unless there
13 is no such qualified person in the county.
14 (b) The president or chairman of the county board of
15 health shall appoint a mental health advisory board composed
16 of not less than 9 nor more than 15 members who have special
17 knowledge and interest in the field of mental health.
18 Initially, 1/3 of the board members shall be appointed for
19 terms of one year, 1/3 for 2 years and 1/3 for 3 years.
20 Thereafter, all terms shall be for 3 years. This advisory
21 board shall meet at least twice each year and provide counsel,
22 direction and advice to the county board of health in the field
23 of mental health.
24 (c) The county board may levy, in excess of the statutory
25 limit and in addition to the taxes permitted under Sections
26 5-25003, 5-25004 and 5-25010, an additional annual tax of not
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1 more than .05% of the value, as equalized or assessed by the
2 Department of Revenue, of all taxable property within the
3 county which tax shall be levied and collected as provided in
4 Section 5-25010 but held in the County Health Fund of the
5 county treasury for use for mental health purposes. These
6 funds may be used to provide care and treatment in public and
7 private mental health facilities.
8 (d) When a mental health program has been included in a
9 county health department pursuant to this Section, the county
10 board may obtain the authority to levy a tax for mental health
11 purposes in addition to the tax authorized by the preceding
12 paragraphs of this Section but not in excess of an additional
13 .05% of the value, as equalized or assessed by the Department
14 of Revenue, of all taxable property in the county by following
15 the procedure set out in Section 5-25003 except that the
16 proposition shall be in substantially the following form:
17 ----
18 Shall.... county levy, in excess
19 of the statutory limit, an additional YES
20 annual tax of not to exceed .05% for ---------------------
21 use for mental health purposes by the NO
22 county health department?
23 --------------------------------------------------------
24 If the majority of all the votes cast on the proposition in
25 the county is in favor thereof, the county board shall levy
26 such tax annually. The levy and collection of this tax shall be
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1 as provided in Section 5-25010 but the tax shall be held in the
2 County Health Fund of the county treasury for use, with that
3 levied pursuant to paragraph (c), for mental health purposes.
4 (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.)
5 Section 30. The Community Mental Health Act is amended by
6 changing Section 7 as follows:
7 (405 ILCS 20/7) (from Ch. 91 1/2, par. 307)
8 Sec. 7. When the petition provided for in Section 6 is
9 presented to the clerk of the governmental unit requesting the
10 establishment and maintenance of such mental health facilities
11 and services for residents of the community and the levy of
12 such an annual tax therefor, the clerk of the governmental
13 unit shall certify to the proper election officials the
14 proposition for the levy of such tax which shall be submitted
15 at a regular election in accordance with the general election
16 law. The proposition shall be in substantially the following
17 form:
18 --------------------------------------------------------
19 Shall....................
20 (governmental unit) establish and
21 maintain community mental health YES
22 facilities and services including
23 facilities and services for the ----------------------
24 person with a developmental
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1 disability or a substance NO
2 use disorder and levy therefor an
3 annual tax of not to exceed .15%?
4 -------------------------------------------------------------
5 In addition to certification of the question, the clerk of
6 the governmental unit shall prepare and submit to the proper
7 elected officials the following language which shall have
8 printed thereon, but not as part of the proposition submitted,
9 only the following supplemental information (which shall be
10 supplied to the election authority by the taxing district) in
11 substantially the following form:
12 (1) The approximate amount of taxes extendable at the
13 most recently extended limiting rate is $...., and the
14 approximate amount of taxes extendable if the proposition
15 is approved is $....
16 (2) For the .... (insert the first levy year for which
17 the new rate or increase limiting rate will be applicable)
18 levy year the approximate amount of the additional tax
19 extendable against property containing a single family
20 residence and having a fair market value at the time of the
21 referendum of $100,000 is estimated to be $....
22 If a proposition contains the language in substantially
23 the form provided in paragraphs (1) and (2), the referendum is
24 valid notwithstanding any other provision of the law.
25 Notwithstanding any provision of this Section, any referendum
26 imposing an annual tax on or after January 1, 1994 and prior to
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1 the effective date of this amendatory Act of the 103rd General
2 Assembly that complies with this Section is hereby validated.
3 If a majority of all the votes cast upon the proposition
4 are in favor thereof, the governing body of such governmental
5 unit shall establish and maintain such community mental health
6 facilities and services and shall annually levy such tax.
7 Thereafter, the governing body shall in the annual
8 appropriation bill appropriate from such funds such sum or
9 sums of money as may be deemed necessary, based upon the
10 community mental health board's budget, the board's annual
11 mental health report, and the board's plan to defray necessary
12 expenses and liabilities in providing for such community
13 mental health facilities and services.
14 Nothing in this Section prevents a governmental unit from
15 levying less than the amount approved by the voters via
16 referendum in any given year or varying the amount levied from
17 year to year as approved by the governmental unit.
18 (Source: P.A. 103-592, eff. 6-7-24.)
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