| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0565 | |
| 2 | 1 | SB0690 EnrolledLRB103 03143 AWJ 48149 b SB0690 Enrolled LRB103 03143 AWJ 48149 b | |
| 3 | 2 | SB0690 Enrolled LRB103 03143 AWJ 48149 b | |
| 4 | - | AN ACT concerning local government. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Election Code is amended by changing | |
| 8 | - | Section 28-1 as follows: | |
| 9 | - | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) | |
| 10 | - | Sec. 28-1. The initiation and submission of all public | |
| 11 | - | questions to be voted upon by the electors of the State or of | |
| 12 | - | any political subdivision or district or precinct or | |
| 13 | - | combination of precincts shall be subject to the provisions of | |
| 14 | - | this Article. | |
| 15 | - | Questions of public policy which have any legal effect | |
| 16 | - | shall be submitted to referendum only as authorized by a | |
| 17 | - | statute which so provides or by the Constitution. Advisory | |
| 18 | - | questions of public policy shall be submitted to referendum | |
| 19 | - | pursuant to Section 28-5 or pursuant to a statute which so | |
| 20 | - | provides. | |
| 21 | - | The method of initiating the submission of a public | |
| 22 | - | question shall be as provided by the statute authorizing such | |
| 23 | - | public question, or as provided by the Constitution. | |
| 24 | - | All public questions shall be initiated, submitted and | |
| 25 | - | printed on the ballot in the form required by Section 16-7 of | |
| 26 | - | this Act, except as may otherwise be specified in the statute | |
| 3 | + | 1 AN ACT concerning local government. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Election Code is amended by changing | |
| 7 | + | 5 Section 28-1 as follows: | |
| 8 | + | 6 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) | |
| 9 | + | 7 Sec. 28-1. The initiation and submission of all public | |
| 10 | + | 8 questions to be voted upon by the electors of the State or of | |
| 11 | + | 9 any political subdivision or district or precinct or | |
| 12 | + | 10 combination of precincts shall be subject to the provisions of | |
| 13 | + | 11 this Article. | |
| 14 | + | 12 Questions of public policy which have any legal effect | |
| 15 | + | 13 shall be submitted to referendum only as authorized by a | |
| 16 | + | 14 statute which so provides or by the Constitution. Advisory | |
| 17 | + | 15 questions of public policy shall be submitted to referendum | |
| 18 | + | 16 pursuant to Section 28-5 or pursuant to a statute which so | |
| 19 | + | 17 provides. | |
| 20 | + | 18 The method of initiating the submission of a public | |
| 21 | + | 19 question shall be as provided by the statute authorizing such | |
| 22 | + | 20 public question, or as provided by the Constitution. | |
| 23 | + | 21 All public questions shall be initiated, submitted and | |
| 24 | + | 22 printed on the ballot in the form required by Section 16-7 of | |
| 25 | + | 23 this Act, except as may otherwise be specified in the statute | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | SB0690 Enrolled LRB103 03143 AWJ 48149 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | authorizing a public question. | |
| 34 | - | Whenever a statute provides for the initiation of a public | |
| 35 | - | question by a petition of electors, the provisions of such | |
| 36 | - | statute shall govern with respect to the number of signatures | |
| 37 | - | required, the qualifications of persons entitled to sign the | |
| 38 | - | petition, the contents of the petition, the officer with whom | |
| 39 | - | the petition must be filed, and the form of the question to be | |
| 40 | - | submitted. If such statute does not specify any of the | |
| 41 | - | foregoing petition requirements, the corresponding petition | |
| 42 | - | requirements of Section 28-6 shall govern such petition. | |
| 43 | - | Irrespective of the method of initiation, not more than 3 | |
| 44 | - | public questions other than (a) back door referenda, (b) | |
| 45 | - | referenda to determine whether a disconnection may take place | |
| 46 | - | where a city coterminous with a township is proposing to annex | |
| 47 | - | territory from an adjacent township, (c) referenda held under | |
| 48 | - | the provisions of the Property Tax Extension Limitation Law in | |
| 49 | - | the Property Tax Code, (d) referenda held under Section 2-3002 | |
| 50 | - | of the Counties Code, or (e) referenda held under Article 22, | |
| 51 | - | 23, or 29 of the Township Code may be submitted to referendum | |
| 52 | - | with respect to a political subdivision at the same election. | |
| 53 | - | If more than 3 propositions are timely initiated or | |
| 54 | - | certified for submission at an election with respect to a | |
| 55 | - | political subdivision, the first 3 validly initiated, by the | |
| 56 | - | filing of a petition or by the adoption of a resolution or | |
| 57 | - | ordinance of a political subdivision, as the case may be, | |
| 58 | - | shall be printed on the ballot and submitted at that election. | |
| 32 | + | SB0690 Enrolled- 2 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 2 - LRB103 03143 AWJ 48149 b | |
| 33 | + | SB0690 Enrolled - 2 - LRB103 03143 AWJ 48149 b | |
| 34 | + | 1 authorizing a public question. | |
| 35 | + | 2 Whenever a statute provides for the initiation of a public | |
| 36 | + | 3 question by a petition of electors, the provisions of such | |
| 37 | + | 4 statute shall govern with respect to the number of signatures | |
| 38 | + | 5 required, the qualifications of persons entitled to sign the | |
| 39 | + | 6 petition, the contents of the petition, the officer with whom | |
| 40 | + | 7 the petition must be filed, and the form of the question to be | |
| 41 | + | 8 submitted. If such statute does not specify any of the | |
| 42 | + | 9 foregoing petition requirements, the corresponding petition | |
| 43 | + | 10 requirements of Section 28-6 shall govern such petition. | |
| 44 | + | 11 Irrespective of the method of initiation, not more than 3 | |
| 45 | + | 12 public questions other than (a) back door referenda, (b) | |
| 46 | + | 13 referenda to determine whether a disconnection may take place | |
| 47 | + | 14 where a city coterminous with a township is proposing to annex | |
| 48 | + | 15 territory from an adjacent township, (c) referenda held under | |
| 49 | + | 16 the provisions of the Property Tax Extension Limitation Law in | |
| 50 | + | 17 the Property Tax Code, (d) referenda held under Section 2-3002 | |
| 51 | + | 18 of the Counties Code, or (e) referenda held under Article 22, | |
| 52 | + | 19 23, or 29 of the Township Code may be submitted to referendum | |
| 53 | + | 20 with respect to a political subdivision at the same election. | |
| 54 | + | 21 If more than 3 propositions are timely initiated or | |
| 55 | + | 22 certified for submission at an election with respect to a | |
| 56 | + | 23 political subdivision, the first 3 validly initiated, by the | |
| 57 | + | 24 filing of a petition or by the adoption of a resolution or | |
| 58 | + | 25 ordinance of a political subdivision, as the case may be, | |
| 59 | + | 26 shall be printed on the ballot and submitted at that election. | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | However, except as expressly authorized by law not more than | |
| 62 | - | one proposition to change the form of government of a | |
| 63 | - | municipality pursuant to Article VII of the Constitution may | |
| 64 | - | be submitted at an election. If more than one such proposition | |
| 65 | - | is timely initiated or certified for submission at an election | |
| 66 | - | with respect to a municipality, the first validly initiated | |
| 67 | - | shall be the one printed on the ballot and submitted at that | |
| 68 | - | election. | |
| 69 | - | No public question shall be submitted to the voters of a | |
| 70 | - | political subdivision at any regularly scheduled election at | |
| 71 | - | which such voters are not scheduled to cast votes for any | |
| 72 | - | candidates for nomination for, election to or retention in | |
| 73 | - | public office, except that if, in any existing or proposed | |
| 74 | - | political subdivision in which the submission of a public | |
| 75 | - | question at a regularly scheduled election is desired, the | |
| 76 | - | voters of only a portion of such existing or proposed | |
| 77 | - | political subdivision are not scheduled to cast votes for | |
| 78 | - | nomination for, election to or retention in public office at | |
| 79 | - | such election, but the voters in one or more other portions of | |
| 80 | - | such existing or proposed political subdivision are scheduled | |
| 81 | - | to cast votes for nomination for, election to or retention in | |
| 82 | - | public office at such election, the public question shall be | |
| 83 | - | voted upon by all the qualified voters of the entire existing | |
| 84 | - | or proposed political subdivision at the election. | |
| 85 | - | Not more than 3 advisory public questions may be submitted | |
| 86 | - | to the voters of the entire state at a general election. If | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | more than 3 such advisory propositions are initiated, the | |
| 90 | - | first 3 timely and validly initiated shall be the questions | |
| 91 | - | printed on the ballot and submitted at that election; provided | |
| 92 | - | however, that a question for a proposed amendment to Article | |
| 93 | - | IV of the Constitution pursuant to Section 3, Article XIV of | |
| 94 | - | the Constitution, or for a question submitted under the | |
| 95 | - | Property Tax Cap Referendum Law, shall not be included in the | |
| 96 | - | foregoing limitation. | |
| 97 | - | Notwithstanding any other provision of law, a community | |
| 98 | - | mental health public question may not be placed on the 2024 | |
| 99 | - | primary or general election ballot in the same township where | |
| 100 | - | a community mental health public question was approved on the | |
| 101 | - | 2022 general election ballot. | |
| 102 | - | (Source: P.A. 100-107, eff. 1-1-18.) | |
| 103 | - | Section 10. The Property Tax Code is amended by changing | |
| 104 | - | Section 18-103 as follows: | |
| 105 | - | (35 ILCS 200/18-103) | |
| 106 | - | Sec. 18-103. General Community Mental Health Act | |
| 107 | - | Validation Law. On and after January 1, 1994 and on or before | |
| 108 | - | the effective date of this amendatory Act of the 103rd General | |
| 109 | - | Assembly of this amendatory Act of the 102nd General Assembly, | |
| 110 | - | the provisions of the Truth in Taxation Law are subject to the | |
| 111 | - | Community Mental Health Act, Section 5-25025 of the Counties | |
| 112 | - | Code, the Community Care for Persons with Developmental | |
| 64 | + | ||
| 65 | + | SB0690 Enrolled - 2 - LRB103 03143 AWJ 48149 b | |
| 113 | 66 | ||
| 114 | 67 | ||
| 115 | - | Disabilities Act, and those referenda under those Acts | |
| 116 | - | authorizing and creating boards and levies. The purpose of | |
| 117 | - | this Section is to validate boards and levies created on or | |
| 118 | - | after January 1, 1994 and on or before the effective date of | |
| 119 | - | this amendatory Act of the 103rd General Assembly of this | |
| 120 | - | amendatory Act of the 102nd General Assembly that relied on | |
| 121 | - | conflicting referenda language contained in the Community | |
| 122 | - | Mental Health Act, the Counties Code, and the Community Care | |
| 123 | - | for Persons with Developmental Disabilities Act. | |
| 124 | - | (Source: P.A. 102-839, eff. 5-13-22.) | |
| 125 | - | Section 15. The Community Care for Persons with | |
| 126 | - | Developmental Disabilities Act is amended by changing Section | |
| 127 | - | 1.2 as follows: | |
| 128 | - | (50 ILCS 835/1.2) (was 55 ILCS 105/1.2) | |
| 129 | - | Sec. 1.2. Petition for submission to referendum by | |
| 130 | - | electors. | |
| 131 | - | (a) Whenever a petition for submission to referendum by | |
| 132 | - | the electors which requests the establishment and maintenance | |
| 133 | - | of facilities or services for the benefit of its residents | |
| 134 | - | with a developmental disability and the levy of an annual tax | |
| 135 | - | not to exceed 0.1% upon all the taxable property in the | |
| 136 | - | governmental unit at the value thereof, as equalized or | |
| 137 | - | assessed by the Department of Revenue, is signed by electors | |
| 138 | - | of the governmental unit equal in number to at least 10% of the | |
| 68 | + | SB0690 Enrolled- 3 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 3 - LRB103 03143 AWJ 48149 b | |
| 69 | + | SB0690 Enrolled - 3 - LRB103 03143 AWJ 48149 b | |
| 70 | + | 1 However, except as expressly authorized by law not more than | |
| 71 | + | 2 one proposition to change the form of government of a | |
| 72 | + | 3 municipality pursuant to Article VII of the Constitution may | |
| 73 | + | 4 be submitted at an election. If more than one such proposition | |
| 74 | + | 5 is timely initiated or certified for submission at an election | |
| 75 | + | 6 with respect to a municipality, the first validly initiated | |
| 76 | + | 7 shall be the one printed on the ballot and submitted at that | |
| 77 | + | 8 election. | |
| 78 | + | 9 No public question shall be submitted to the voters of a | |
| 79 | + | 10 political subdivision at any regularly scheduled election at | |
| 80 | + | 11 which such voters are not scheduled to cast votes for any | |
| 81 | + | 12 candidates for nomination for, election to or retention in | |
| 82 | + | 13 public office, except that if, in any existing or proposed | |
| 83 | + | 14 political subdivision in which the submission of a public | |
| 84 | + | 15 question at a regularly scheduled election is desired, the | |
| 85 | + | 16 voters of only a portion of such existing or proposed | |
| 86 | + | 17 political subdivision are not scheduled to cast votes for | |
| 87 | + | 18 nomination for, election to or retention in public office at | |
| 88 | + | 19 such election, but the voters in one or more other portions of | |
| 89 | + | 20 such existing or proposed political subdivision are scheduled | |
| 90 | + | 21 to cast votes for nomination for, election to or retention in | |
| 91 | + | 22 public office at such election, the public question shall be | |
| 92 | + | 23 voted upon by all the qualified voters of the entire existing | |
| 93 | + | 24 or proposed political subdivision at the election. | |
| 94 | + | 25 Not more than 3 advisory public questions may be submitted | |
| 95 | + | 26 to the voters of the entire state at a general election. If | |
| 139 | 96 | ||
| 140 | 97 | ||
| 141 | - | total votes cast for the office that received the greatest | |
| 142 | - | total number of votes at the last preceding general election | |
| 143 | - | of the governmental unit and is presented to the county clerk, | |
| 144 | - | the clerk shall certify the proposition to the proper election | |
| 145 | - | authorities for submission at the governmental unit's next | |
| 146 | - | general election. The proposition shall be in substantially | |
| 147 | - | the following form: | |
| 148 | - | Shall (governmental unit) levy an annual tax not to | |
| 149 | - | exceed 0.1% upon the equalized assessed value of all | |
| 150 | - | taxable property in (governmental unit) for the purposes | |
| 151 | - | of establishing and maintaining facilities or services for | |
| 152 | - | the benefit of its residents who are persons with | |
| 153 | - | intellectual or developmental disabilities and who are not | |
| 154 | - | eligible to participate in any program provided under | |
| 155 | - | Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq., | |
| 156 | - | including contracting for those facilities or services | |
| 157 | - | with any privately or publicly operated entity that | |
| 158 | - | provides those facilities or services either in or out of | |
| 159 | - | (governmental unit)? | |
| 160 | - | (b) If a majority of the votes cast upon the proposition | |
| 161 | - | are in favor thereof, such tax levy shall be authorized and the | |
| 162 | - | governmental unit shall levy a tax not to exceed the rate set | |
| 163 | - | forth in Section 1 of this Act. | |
| 164 | - | (c) If the governmental unit is also subject to the | |
| 165 | - | Property Tax Extension Limitation Law, then the proposition | |
| 166 | - | shall also comply with the Property Tax Extension Limitation | |
| 167 | 98 | ||
| 168 | 99 | ||
| 169 | - | Law. Notwithstanding any provision of this subsection, any | |
| 170 | - | referendum imposing an annual tax on or after January 1, 1994 | |
| 171 | - | and prior to the effective date of this amendatory Act of the | |
| 172 | - | 103rd General Assembly of this amendatory Act of the 102nd | |
| 173 | - | General Assembly that complies with this Section is hereby | |
| 174 | - | validated. | |
| 175 | - | (Source: P.A. 102-839, eff. 5-13-22.) | |
| 176 | - | Section 20. The Counties Code is amended by changing | |
| 177 | - | Section 5-25025 as follows: | |
| 178 | - | (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) | |
| 179 | - | Sec. 5-25025. Mental health program. If the county board | |
| 180 | - | of any county having a population of less than 1,000,000 | |
| 181 | - | inhabitants and maintaining a county health department under | |
| 182 | - | this Division desires the inclusion of a mental health program | |
| 183 | - | in that county health department and the authority to levy the | |
| 184 | - | tax provided for in subsection (c) of this Section, the county | |
| 185 | - | board shall certify that question to the proper election | |
| 186 | - | officials, who shall submit the proposition at an election in | |
| 187 | - | accordance with the general election law. The proposition | |
| 188 | - | shall be in substantially the following form: | |
| 189 | - | ---------------- | |
| 190 | - | Shall ...........County include | |
| 191 | - | a mental health program in the YES | |
| 192 | - | county health department, and | |
| 100 | + | ||
| 101 | + | SB0690 Enrolled - 3 - LRB103 03143 AWJ 48149 b | |
| 193 | 102 | ||
| 194 | 103 | ||
| 195 | - | ||
| 196 | - | ||
| 197 | - | ||
| 198 | - | ||
| 199 | - | ||
| 200 | - | ||
| 201 | - | ||
| 202 | - | ||
| 203 | - | ||
| 204 | - | ||
| 205 | - | ||
| 206 | - | ||
| 207 | - | ||
| 208 | - | ||
| 209 | - | ||
| 210 | - | ||
| 211 | - | ||
| 212 | - | ||
| 213 | - | ||
| 214 | - | ||
| 215 | - | ||
| 216 | - | ||
| 217 | - | ||
| 218 | - | ||
| 219 | - | ||
| 220 | - | ||
| 104 | + | SB0690 Enrolled- 4 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 4 - LRB103 03143 AWJ 48149 b | |
| 105 | + | SB0690 Enrolled - 4 - LRB103 03143 AWJ 48149 b | |
| 106 | + | 1 more than 3 such advisory propositions are initiated, the | |
| 107 | + | 2 first 3 timely and validly initiated shall be the questions | |
| 108 | + | 3 printed on the ballot and submitted at that election; provided | |
| 109 | + | 4 however, that a question for a proposed amendment to Article | |
| 110 | + | 5 IV of the Constitution pursuant to Section 3, Article XIV of | |
| 111 | + | 6 the Constitution, or for a question submitted under the | |
| 112 | + | 7 Property Tax Cap Referendum Law, shall not be included in the | |
| 113 | + | 8 foregoing limitation. | |
| 114 | + | 9 Notwithstanding any other provision of law, a community | |
| 115 | + | 10 mental health public question may not be placed on the 2024 | |
| 116 | + | 11 primary or general election ballot in the same township where | |
| 117 | + | 12 a community mental health public question was approved on the | |
| 118 | + | 13 2022 general election ballot. | |
| 119 | + | 14 (Source: P.A. 100-107, eff. 1-1-18.) | |
| 120 | + | 15 Section 10. The Property Tax Code is amended by changing | |
| 121 | + | 16 Section 18-103 as follows: | |
| 122 | + | 17 (35 ILCS 200/18-103) | |
| 123 | + | 18 Sec. 18-103. General Community Mental Health Act | |
| 124 | + | 19 Validation Law. On and after January 1, 1994 and on or before | |
| 125 | + | 20 the effective date of this amendatory Act of the 103rd General | |
| 126 | + | 21 Assembly of this amendatory Act of the 102nd General Assembly, | |
| 127 | + | 22 the provisions of the Truth in Taxation Law are subject to the | |
| 128 | + | 23 Community Mental Health Act, Section 5-25025 of the Counties | |
| 129 | + | 24 Code, the Community Care for Persons with Developmental | |
| 221 | 130 | ||
| 222 | 131 | ||
| 223 | - | Neurology professionally engaged in the field of mental health | |
| 224 | - | and licensed to practice medicine in the State, unless there | |
| 225 | - | is no such qualified person in the county. | |
| 226 | - | (b) The president or chairman of the county board of | |
| 227 | - | health shall appoint a mental health advisory board composed | |
| 228 | - | of not less than 9 nor more than 15 members who have special | |
| 229 | - | knowledge and interest in the field of mental health. | |
| 230 | - | Initially, 1/3 of the board members shall be appointed for | |
| 231 | - | terms of one year, 1/3 for 2 years and 1/3 for 3 years. | |
| 232 | - | Thereafter, all terms shall be for 3 years. This advisory | |
| 233 | - | board shall meet at least twice each year and provide counsel, | |
| 234 | - | direction and advice to the county board of health in the field | |
| 235 | - | of mental health. | |
| 236 | - | (c) The county board may levy, in excess of the statutory | |
| 237 | - | limit and in addition to the taxes permitted under Sections | |
| 238 | - | 5-25003, 5-25004 and 5-25010, an additional annual tax of not | |
| 239 | - | more than .05% of the value, as equalized or assessed by the | |
| 240 | - | Department of Revenue, of all taxable property within the | |
| 241 | - | county which tax shall be levied and collected as provided in | |
| 242 | - | Section 5-25010 but held in the County Health Fund of the | |
| 243 | - | county treasury for use for mental health purposes. These | |
| 244 | - | funds may be used to provide care and treatment in public and | |
| 245 | - | private mental health facilities. | |
| 246 | - | (d) When a mental health program has been included in a | |
| 247 | - | county health department pursuant to this Section, the county | |
| 248 | - | board may obtain the authority to levy a tax for mental health | |
| 249 | 132 | ||
| 250 | 133 | ||
| 251 | - | purposes in addition to the tax authorized by the preceding | |
| 252 | - | paragraphs of this Section but not in excess of an additional | |
| 253 | - | .05% of the value, as equalized or assessed by the Department | |
| 254 | - | of Revenue, of all taxable property in the county by following | |
| 255 | - | the procedure set out in Section 5-25003 except that the | |
| 256 | - | proposition shall be in substantially the following form: | |
| 257 | - | ---- | |
| 258 | - | Shall.... county levy, in excess | |
| 259 | - | of the statutory limit, an additional YES | |
| 260 | - | annual tax of not to exceed .05% for --------------------- | |
| 261 | - | use for mental health purposes by the NO | |
| 262 | - | county health department? | |
| 263 | - | -------------------------------------------------------- | |
| 264 | - | If the majority of all the votes cast on the proposition in | |
| 265 | - | the county is in favor thereof, the county board shall levy | |
| 266 | - | such tax annually. The levy and collection of this tax shall be | |
| 267 | - | as provided in Section 5-25010 but the tax shall be held in the | |
| 268 | - | County Health Fund of the county treasury for use, with that | |
| 269 | - | levied pursuant to paragraph (c), for mental health purposes. | |
| 270 | - | (Source: P.A. 102-839, eff. 5-13-22.) | |
| 271 | - | Section 25. The Community Mental Health Act is amended by | |
| 272 | - | changing Sections 3a and 5 as follows: | |
| 273 | - | (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a) | |
| 274 | - | (Text of Section before amendment by P.A. 103-274) | |
| 134 | + | ||
| 135 | + | SB0690 Enrolled - 4 - LRB103 03143 AWJ 48149 b | |
| 275 | 136 | ||
| 276 | 137 | ||
| 277 | - | ||
| 278 | - | ||
| 279 | - | ||
| 280 | - | ||
| 281 | - | ||
| 282 | - | ||
| 283 | - | ||
| 284 | - | ||
| 285 | - | the | |
| 286 | - | ||
| 287 | - | ||
| 288 | - | ||
| 289 | - | ||
| 290 | - | ||
| 291 | - | ||
| 292 | - | ||
| 293 | - | ||
| 294 | - | ||
| 295 | - | ||
| 296 | - | ||
| 297 | - | ||
| 298 | - | ||
| 299 | - | ||
| 300 | - | ||
| 301 | - | ||
| 302 | - | ||
| 138 | + | SB0690 Enrolled- 5 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 5 - LRB103 03143 AWJ 48149 b | |
| 139 | + | SB0690 Enrolled - 5 - LRB103 03143 AWJ 48149 b | |
| 140 | + | 1 Disabilities Act, and those referenda under those Acts | |
| 141 | + | 2 authorizing and creating boards and levies. The purpose of | |
| 142 | + | 3 this Section is to validate boards and levies created on or | |
| 143 | + | 4 after January 1, 1994 and on or before the effective date of | |
| 144 | + | 5 this amendatory Act of the 103rd General Assembly of this | |
| 145 | + | 6 amendatory Act of the 102nd General Assembly that relied on | |
| 146 | + | 7 conflicting referenda language contained in the Community | |
| 147 | + | 8 Mental Health Act, the Counties Code, and the Community Care | |
| 148 | + | 9 for Persons with Developmental Disabilities Act. | |
| 149 | + | 10 (Source: P.A. 102-839, eff. 5-13-22.) | |
| 150 | + | 11 Section 15. The Community Care for Persons with | |
| 151 | + | 12 Developmental Disabilities Act is amended by changing Section | |
| 152 | + | 13 1.2 as follows: | |
| 153 | + | 14 (50 ILCS 835/1.2) (was 55 ILCS 105/1.2) | |
| 154 | + | 15 Sec. 1.2. Petition for submission to referendum by | |
| 155 | + | 16 electors. | |
| 156 | + | 17 (a) Whenever a petition for submission to referendum by | |
| 157 | + | 18 the electors which requests the establishment and maintenance | |
| 158 | + | 19 of facilities or services for the benefit of its residents | |
| 159 | + | 20 with a developmental disability and the levy of an annual tax | |
| 160 | + | 21 not to exceed 0.1% upon all the taxable property in the | |
| 161 | + | 22 governmental unit at the value thereof, as equalized or | |
| 162 | + | 23 assessed by the Department of Revenue, is signed by electors | |
| 163 | + | 24 of the governmental unit equal in number to at least 10% of the | |
| 303 | 164 | ||
| 304 | 165 | ||
| 305 | - | such board shall be appointed within 60 days of the | |
| 306 | - | referendum. If a community mental health board has been | |
| 307 | - | established by a county with a population of less than 500,000 | |
| 308 | - | and the community mental health board is funded in whole or in | |
| 309 | - | part by a special mental health sales tax described in | |
| 310 | - | paragraph (4) of subsection (a) of Section 5-1006.5 of the | |
| 311 | - | Counties Code, the largest municipality in the county with at | |
| 312 | - | least 125,000 residents may appoint 2 additional members to | |
| 313 | - | the board. The members shall be appointed by the mayor of the | |
| 314 | - | municipality with the advice and consent of the municipality's | |
| 315 | - | governing body. | |
| 316 | - | Home rule units are exempt from this Act. However, they | |
| 317 | - | may, by ordinance, adopt the provisions of this Act, or any | |
| 318 | - | portion thereof, that they may deem advisable. | |
| 319 | - | The tax rate set forth in Section 4 may be levied by any | |
| 320 | - | non-home rule unit only pursuant to the approval by the voters | |
| 321 | - | at a referendum. Such referendum may have been held at any time | |
| 322 | - | subsequent to the effective date of the Community Mental | |
| 323 | - | Health Act. | |
| 324 | - | (Source: P.A. 95-336, eff. 8-21-07.) | |
| 325 | - | (Text of Section after amendment by P.A. 103-274) | |
| 326 | - | Sec. 3a. Every governmental unit authorized to levy an | |
| 327 | - | annual tax under any of the provisions of this Act shall, | |
| 328 | - | before it may levy such tax, establish a 7 member community | |
| 329 | - | mental health board who shall administer this Act. Such board | |
| 330 | 166 | ||
| 331 | 167 | ||
| 332 | - | shall be appointed by the chairman of the governing body of a | |
| 333 | - | county, the mayor of a city, the president of a village, the | |
| 334 | - | president of an incorporated town, or the supervisor of a | |
| 335 | - | township, as the case may be, with the advice and consent of | |
| 336 | - | the governing body of such county, city, village, incorporated | |
| 337 | - | town or the town board of trustees of any township. Members of | |
| 338 | - | the community mental health board shall be residents of the | |
| 339 | - | government unit and, as nearly as possible, be representative | |
| 340 | - | of interested groups of the community such as local health | |
| 341 | - | departments, medical societies, local comprehensive health | |
| 342 | - | planning agencies, hospital boards, lay associations concerned | |
| 343 | - | with mental health, developmental disabilities and substance | |
| 344 | - | abuse, as well as the general public. Only one member shall be | |
| 345 | - | a member of the governing body, with the term of membership on | |
| 346 | - | the board to run concurrently with the elected term of the | |
| 347 | - | member. The chairman of the governing body may, upon the | |
| 348 | - | request of the community mental health board, appoint 2 | |
| 349 | - | additional members to the community mental health board. No | |
| 350 | - | member of the community mental health board may be a full-time | |
| 351 | - | or part-time employee of the Department of Human Services or a | |
| 352 | - | board member, employee or any other individual receiving | |
| 353 | - | compensation from any facility or service operating under | |
| 354 | - | contract to the board. If a successful referendum is held | |
| 355 | - | under Section 5 of this Act, all members of such board shall be | |
| 356 | - | appointed within 60 days after the local election authority | |
| 357 | - | certifies the passage of the referendum. If a community mental | |
| 168 | + | ||
| 169 | + | SB0690 Enrolled - 5 - LRB103 03143 AWJ 48149 b | |
| 358 | 170 | ||
| 359 | 171 | ||
| 360 | - | health board has been established by a county with a | |
| 361 | - | population of less than 500,000 and the community mental | |
| 362 | - | health board is funded in whole or in part by a special mental | |
| 363 | - | health sales tax described in paragraph (4) of subsection (a) | |
| 364 | - | of Section 5-1006.5 of the Counties Code, the largest | |
| 365 | - | municipality in the county with at least 125,000 residents may | |
| 366 | - | appoint 2 additional members to the board. The members shall | |
| 367 | - | be appointed by the mayor of the municipality with the advice | |
| 368 | - | and consent of the municipality's governing body. | |
| 369 | - | Home rule units are exempt from this Act. However, they | |
| 370 | - | may, by ordinance, adopt the provisions of this Act, or any | |
| 371 | - | portion thereof, that they may deem advisable. | |
| 372 | - | The tax rate set forth in Section 4 may be levied by any | |
| 373 | - | non-home rule unit only pursuant to the approval by the voters | |
| 374 | - | at a referendum. Such referendum may have been held at any time | |
| 375 | - | subsequent to the effective date of the Community Mental | |
| 376 | - | Health Act. | |
| 377 | - | (Source: P.A. 103-274, eff. 1-1-24.) | |
| 378 | - | (405 ILCS 20/5) (from Ch. 91 1/2, par. 305) | |
| 379 | - | (Text of Section before amendment by P.A. 103-274) | |
| 380 | - | Sec. 5. (a) When the governing body of a governmental unit | |
| 381 | - | passes a resolution as provided in Section 4 asking that an | |
| 382 | - | annual tax may be levied for the purpose of providing such | |
| 383 | - | mental health facilities and services, including facilities | |
| 384 | - | and services for the person with a developmental disability or | |
| 172 | + | SB0690 Enrolled- 6 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 6 - LRB103 03143 AWJ 48149 b | |
| 173 | + | SB0690 Enrolled - 6 - LRB103 03143 AWJ 48149 b | |
| 174 | + | 1 total votes cast for the office that received the greatest | |
| 175 | + | 2 total number of votes at the last preceding general election | |
| 176 | + | 3 of the governmental unit and is presented to the county clerk, | |
| 177 | + | 4 the clerk shall certify the proposition to the proper election | |
| 178 | + | 5 authorities for submission at the governmental unit's next | |
| 179 | + | 6 general election. The proposition shall be in substantially | |
| 180 | + | 7 the following form: | |
| 181 | + | 8 Shall (governmental unit) levy an annual tax not to | |
| 182 | + | 9 exceed 0.1% upon the equalized assessed value of all | |
| 183 | + | 10 taxable property in (governmental unit) for the purposes | |
| 184 | + | 11 of establishing and maintaining facilities or services for | |
| 185 | + | 12 the benefit of its residents who are persons with | |
| 186 | + | 13 intellectual or developmental disabilities and who are not | |
| 187 | + | 14 eligible to participate in any program provided under | |
| 188 | + | 15 Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq., | |
| 189 | + | 16 including contracting for those facilities or services | |
| 190 | + | 17 with any privately or publicly operated entity that | |
| 191 | + | 18 provides those facilities or services either in or out of | |
| 192 | + | 19 (governmental unit)? | |
| 193 | + | 20 (b) If a majority of the votes cast upon the proposition | |
| 194 | + | 21 are in favor thereof, such tax levy shall be authorized and the | |
| 195 | + | 22 governmental unit shall levy a tax not to exceed the rate set | |
| 196 | + | 23 forth in Section 1 of this Act. | |
| 197 | + | 24 (c) If the governmental unit is also subject to the | |
| 198 | + | 25 Property Tax Extension Limitation Law, then the proposition | |
| 199 | + | 26 shall also comply with the Property Tax Extension Limitation | |
| 385 | 200 | ||
| 386 | 201 | ||
| 387 | - | a substance use disorder, in the community and so instructs | |
| 388 | - | the clerk of the governmental unit such clerk shall certify | |
| 389 | - | the proposition to the proper election officials for | |
| 390 | - | submission at a regular election in accordance with the | |
| 391 | - | general election law. The proposition shall be in the | |
| 392 | - | following form: | |
| 393 | - | ---------------------------------------------- | |
| 394 | - | Shall............ (governmental | |
| 395 | - | unit) levy an annual tax of (not YES | |
| 396 | - | more than .15%) for the purpose of providing | |
| 397 | - | community mental health facilities and --------------- | |
| 398 | - | services including facilities and services | |
| 399 | - | for persons with a developmental NO | |
| 400 | - | disability or a substance use disorder? | |
| 401 | - | ------------------------------------------------------------- | |
| 402 | - | (a-5) If the governmental unit is also subject to the | |
| 403 | - | Property Tax Extension Limitation Law, then the proposition | |
| 404 | - | shall also comply with the Property Tax Extension Limitation | |
| 405 | - | Law. Notwithstanding any provision of this subsection, any | |
| 406 | - | referendum imposing an annual tax on or after January 1, 1994 | |
| 407 | - | and prior to the effective date of this amendatory Act of the | |
| 408 | - | 103rd General Assembly May 13, 2022 (the effective date of | |
| 409 | - | Public Act 102-839) that complies with subsection (a) is | |
| 410 | - | hereby validated. | |
| 411 | - | (b) If a majority of all the votes cast upon the | |
| 412 | - | proposition are for the levy of such tax, the governing body of | |
| 413 | 202 | ||
| 414 | 203 | ||
| 415 | - | such governmental unit shall thereafter annually levy a tax | |
| 416 | - | not to exceed the rate set forth in Section 4. Thereafter, the | |
| 417 | - | governing body shall in the annual appropriation bill | |
| 418 | - | appropriate from such funds such sum or sums of money as may be | |
| 419 | - | deemed necessary, based upon the community mental health | |
| 420 | - | board's budget, the board's annual mental health report, and | |
| 421 | - | the local mental health plan to defray necessary expenses and | |
| 422 | - | liabilities in providing for such community mental health | |
| 423 | - | facilities and services. | |
| 424 | - | (c) If the governing body of a governmental unit levies a | |
| 425 | - | tax under Section 4 of this Act and the rate specified in the | |
| 426 | - | proposition under subsection (a) of this Section is less than | |
| 427 | - | 0.15%, then the governing body of the governmental unit may, | |
| 428 | - | upon referendum approval, increase that rate to not more than | |
| 429 | - | 0.15%. The governing body shall instruct the clerk of the | |
| 430 | - | governmental unit to certify the proposition to the proper | |
| 431 | - | election officials for submission at a regular election in | |
| 432 | - | accordance with the general election law. The proposition | |
| 433 | - | shall be in the following form: | |
| 434 | - | "Shall the tax imposed by (governmental unit) for the | |
| 435 | - | purpose of providing community mental health facilities | |
| 436 | - | and services, including facilities and services for | |
| 437 | - | persons with a developmental disability or substance use | |
| 438 | - | disorder be increased to (not more than 0.15%)?" | |
| 439 | - | If a majority of all the votes cast upon the proposition | |
| 440 | - | are for the increase of the tax, then the governing body of the | |
| 204 | + | ||
| 205 | + | SB0690 Enrolled - 6 - LRB103 03143 AWJ 48149 b | |
| 441 | 206 | ||
| 442 | 207 | ||
| 443 | - | governmental unit may thereafter annually levy a tax not to | |
| 444 | - | exceed the rate set forth in the referendum question. | |
| 445 | - | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | |
| 446 | - | 103-154, eff. 6-30-23.) | |
| 447 | - | (Text of Section after amendment by P.A. 103-274) | |
| 448 | - | Sec. 5. (a) When the governing body of a governmental unit | |
| 449 | - | passes a resolution as provided in Section 4 asking that an | |
| 450 | - | annual tax may be levied for the purpose of providing such | |
| 451 | - | mental health facilities and services, including facilities | |
| 452 | - | and services for the person with a developmental disability or | |
| 453 | - | a substance use disorder, in the community and so instructs | |
| 454 | - | the clerk of the governmental unit such clerk shall certify | |
| 455 | - | the proposition to the proper election officials for | |
| 456 | - | submission at a regular election in accordance with the | |
| 457 | - | general election law. The proposition shall be in the | |
| 458 | - | following form: | |
| 459 | - | ---------------------------------------------- | |
| 460 | - | Shall............ (governmental | |
| 461 | - | unit) levy an annual tax of (not YES | |
| 462 | - | more than .15%) for the purpose of providing | |
| 463 | - | community mental health facilities and --------------- | |
| 464 | - | services including facilities and services | |
| 465 | - | for persons with a developmental NO | |
| 466 | - | disability or a substance use disorder? | |
| 467 | - | ------------------------------------------------------------- | |
| 208 | + | SB0690 Enrolled- 7 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 7 - LRB103 03143 AWJ 48149 b | |
| 209 | + | SB0690 Enrolled - 7 - LRB103 03143 AWJ 48149 b | |
| 210 | + | 1 Law. Notwithstanding any provision of this subsection, any | |
| 211 | + | 2 referendum imposing an annual tax on or after January 1, 1994 | |
| 212 | + | 3 and prior to the effective date of this amendatory Act of the | |
| 213 | + | 4 103rd General Assembly of this amendatory Act of the 102nd | |
| 214 | + | 5 General Assembly that complies with this Section is hereby | |
| 215 | + | 6 validated. | |
| 216 | + | 7 (Source: P.A. 102-839, eff. 5-13-22.) | |
| 217 | + | 8 Section 20. The Counties Code is amended by changing | |
| 218 | + | 9 Section 5-25025 as follows: | |
| 219 | + | 10 (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) | |
| 220 | + | 11 Sec. 5-25025. Mental health program. If the county board | |
| 221 | + | 12 of any county having a population of less than 1,000,000 | |
| 222 | + | 13 inhabitants and maintaining a county health department under | |
| 223 | + | 14 this Division desires the inclusion of a mental health program | |
| 224 | + | 15 in that county health department and the authority to levy the | |
| 225 | + | 16 tax provided for in subsection (c) of this Section, the county | |
| 226 | + | 17 board shall certify that question to the proper election | |
| 227 | + | 18 officials, who shall submit the proposition at an election in | |
| 228 | + | 19 accordance with the general election law. The proposition | |
| 229 | + | 20 shall be in substantially the following form: | |
| 230 | + | 21 ---------------- | |
| 231 | + | 22 Shall ...........County include | |
| 232 | + | 23 a mental health program in the YES | |
| 233 | + | 24 county health department, and | |
| 468 | 234 | ||
| 469 | 235 | ||
| 470 | - | (a-5) If the governmental unit is also subject to the | |
| 471 | - | Property Tax Extension Limitation Law, then the proposition | |
| 472 | - | shall also comply with the Property Tax Extension Limitation | |
| 473 | - | Law. Notwithstanding any provision of this subsection, any | |
| 474 | - | referendum imposing an annual tax on or after January 1, 1994 | |
| 475 | - | and prior to the effective date of this amendatory Act of the | |
| 476 | - | 103rd General Assembly May 13, 2022 (the effective date of | |
| 477 | - | Public Act 102-839) that complies with subsection (a) is | |
| 478 | - | hereby validated. | |
| 479 | - | (b) If a majority of all the votes cast upon the | |
| 480 | - | proposition are for the levy of such tax, the governing body of | |
| 481 | - | such governmental unit shall thereafter annually levy a tax | |
| 482 | - | not to exceed the rate set forth in Section 4. Thereafter, the | |
| 483 | - | governing body shall in the annual appropriation bill | |
| 484 | - | appropriate from such funds such sum or sums of money as may be | |
| 485 | - | deemed necessary by the community mental health board, based | |
| 486 | - | upon the community mental health board's budget, the board's | |
| 487 | - | annual mental health report, and the local mental health plan | |
| 488 | - | to defray necessary expenses and liabilities in providing for | |
| 489 | - | such community mental health facilities and services. | |
| 490 | - | (c) If the governing body of a governmental unit levies a | |
| 491 | - | tax under Section 4 of this Act and the rate specified in the | |
| 492 | - | proposition under subsection (a) of this Section is less than | |
| 493 | - | 0.15%, then the governing body of the governmental unit may, | |
| 494 | - | upon referendum approval, increase that rate to not more than | |
| 495 | - | 0.15%. The governing body shall instruct the clerk of the | |
| 496 | 236 | ||
| 497 | 237 | ||
| 498 | - | governmental unit to certify the proposition to the proper | |
| 499 | - | election officials for submission at a regular election in | |
| 500 | - | accordance with the general election law. The proposition | |
| 501 | - | shall be in the following form: | |
| 502 | - | "Shall the tax imposed by (governmental unit) for the | |
| 503 | - | purpose of providing community mental health facilities | |
| 504 | - | and services, including facilities and services for | |
| 505 | - | persons with a developmental disability or substance use | |
| 506 | - | disorder be increased to (not more than 0.15%)?" | |
| 507 | - | If a majority of all the votes cast upon the proposition | |
| 508 | - | are for the increase of the tax, then the governing body of the | |
| 509 | - | governmental unit may thereafter annually levy a tax not to | |
| 510 | - | exceed the rate set forth in the referendum question. | |
| 511 | - | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | |
| 512 | - | 103-154, eff. 6-30-23; 103-274, eff. 1-1-24.) | |
| 513 | - | Section 95. No acceleration or delay. Where this Act makes | |
| 514 | - | changes in a statute that is represented in this Act by text | |
| 515 | - | that is not yet or no longer in effect (for example, a Section | |
| 516 | - | represented by multiple versions), the use of that text does | |
| 517 | - | not accelerate or delay the taking effect of (i) the changes | |
| 518 | - | made by this Act or (ii) provisions derived from any other | |
| 519 | - | Public Act. | |
| 238 | + | ||
| 239 | + | SB0690 Enrolled - 7 - LRB103 03143 AWJ 48149 b | |
| 240 | + | ||
| 241 | + | ||
| 242 | + | SB0690 Enrolled- 8 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 8 - LRB103 03143 AWJ 48149 b | |
| 243 | + | SB0690 Enrolled - 8 - LRB103 03143 AWJ 48149 b | |
| 244 | + | 1 levy an annual tax of not to exceed ---------------------- | |
| 245 | + | 2 .05% of the value of all taxable | |
| 246 | + | 3 property for use for mental health | |
| 247 | + | 4 purposes by the county health NO | |
| 248 | + | 5 department? | |
| 249 | + | 6 ------------------------------------------------------------- | |
| 250 | + | 7 If a majority of the electors voting at that election vote | |
| 251 | + | 8 in favor of the proposition, the county board may include the | |
| 252 | + | 9 mental health program in the county health department and may, | |
| 253 | + | 10 annually, levy the additional tax for mental health purposes. | |
| 254 | + | 11 All mental health facilities provided shall be available to | |
| 255 | + | 12 all citizens of the county, but the county health board may | |
| 256 | + | 13 vary any charges for services according to ability to pay. | |
| 257 | + | 14 If the county is also subject to the Property Tax | |
| 258 | + | 15 Extension Limitation Law, then the proposition shall also | |
| 259 | + | 16 comply with the Property Tax Extension Limitation Law. | |
| 260 | + | 17 Notwithstanding any provision of this Section, any referendum | |
| 261 | + | 18 imposing an annual tax on or after January 1, 1994 and prior to | |
| 262 | + | 19 the effective date of this amendatory Act of the 103rd General | |
| 263 | + | 20 Assembly of this amendatory Act of the 102nd General Assembly | |
| 264 | + | 21 that complies with this Section is hereby validated. | |
| 265 | + | 22 When the inclusion of a mental health program has been | |
| 266 | + | 23 approved: | |
| 267 | + | 24 (a) To the extent practicable, at least one member of the | |
| 268 | + | 25 County Board of Health, under Section 5-25012, shall be a | |
| 269 | + | 26 person certified by The American Board of Psychiatry and | |
| 270 | + | ||
| 271 | + | ||
| 272 | + | ||
| 273 | + | ||
| 274 | + | ||
| 275 | + | SB0690 Enrolled - 8 - LRB103 03143 AWJ 48149 b | |
| 276 | + | ||
| 277 | + | ||
| 278 | + | SB0690 Enrolled- 9 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 9 - LRB103 03143 AWJ 48149 b | |
| 279 | + | SB0690 Enrolled - 9 - LRB103 03143 AWJ 48149 b | |
| 280 | + | 1 Neurology professionally engaged in the field of mental health | |
| 281 | + | 2 and licensed to practice medicine in the State, unless there | |
| 282 | + | 3 is no such qualified person in the county. | |
| 283 | + | 4 (b) The president or chairman of the county board of | |
| 284 | + | 5 health shall appoint a mental health advisory board composed | |
| 285 | + | 6 of not less than 9 nor more than 15 members who have special | |
| 286 | + | 7 knowledge and interest in the field of mental health. | |
| 287 | + | 8 Initially, 1/3 of the board members shall be appointed for | |
| 288 | + | 9 terms of one year, 1/3 for 2 years and 1/3 for 3 years. | |
| 289 | + | 10 Thereafter, all terms shall be for 3 years. This advisory | |
| 290 | + | 11 board shall meet at least twice each year and provide counsel, | |
| 291 | + | 12 direction and advice to the county board of health in the field | |
| 292 | + | 13 of mental health. | |
| 293 | + | 14 (c) The county board may levy, in excess of the statutory | |
| 294 | + | 15 limit and in addition to the taxes permitted under Sections | |
| 295 | + | 16 5-25003, 5-25004 and 5-25010, an additional annual tax of not | |
| 296 | + | 17 more than .05% of the value, as equalized or assessed by the | |
| 297 | + | 18 Department of Revenue, of all taxable property within the | |
| 298 | + | 19 county which tax shall be levied and collected as provided in | |
| 299 | + | 20 Section 5-25010 but held in the County Health Fund of the | |
| 300 | + | 21 county treasury for use for mental health purposes. These | |
| 301 | + | 22 funds may be used to provide care and treatment in public and | |
| 302 | + | 23 private mental health facilities. | |
| 303 | + | 24 (d) When a mental health program has been included in a | |
| 304 | + | 25 county health department pursuant to this Section, the county | |
| 305 | + | 26 board may obtain the authority to levy a tax for mental health | |
| 306 | + | ||
| 307 | + | ||
| 308 | + | ||
| 309 | + | ||
| 310 | + | ||
| 311 | + | SB0690 Enrolled - 9 - LRB103 03143 AWJ 48149 b | |
| 312 | + | ||
| 313 | + | ||
| 314 | + | SB0690 Enrolled- 10 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 10 - LRB103 03143 AWJ 48149 b | |
| 315 | + | SB0690 Enrolled - 10 - LRB103 03143 AWJ 48149 b | |
| 316 | + | 1 purposes in addition to the tax authorized by the preceding | |
| 317 | + | 2 paragraphs of this Section but not in excess of an additional | |
| 318 | + | 3 .05% of the value, as equalized or assessed by the Department | |
| 319 | + | 4 of Revenue, of all taxable property in the county by following | |
| 320 | + | 5 the procedure set out in Section 5-25003 except that the | |
| 321 | + | 6 proposition shall be in substantially the following form: | |
| 322 | + | 7 ---- | |
| 323 | + | 8 Shall.... county levy, in excess | |
| 324 | + | 9 of the statutory limit, an additional YES | |
| 325 | + | 10 annual tax of not to exceed .05% for --------------------- | |
| 326 | + | 11 use for mental health purposes by the NO | |
| 327 | + | 12 county health department? | |
| 328 | + | 13 -------------------------------------------------------- | |
| 329 | + | 14 If the majority of all the votes cast on the proposition in | |
| 330 | + | 15 the county is in favor thereof, the county board shall levy | |
| 331 | + | 16 such tax annually. The levy and collection of this tax shall be | |
| 332 | + | 17 as provided in Section 5-25010 but the tax shall be held in the | |
| 333 | + | 18 County Health Fund of the county treasury for use, with that | |
| 334 | + | 19 levied pursuant to paragraph (c), for mental health purposes. | |
| 335 | + | 20 (Source: P.A. 102-839, eff. 5-13-22.) | |
| 336 | + | 21 Section 25. The Community Mental Health Act is amended by | |
| 337 | + | 22 changing Sections 3a and 5 as follows: | |
| 338 | + | 23 (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a) | |
| 339 | + | 24 (Text of Section before amendment by P.A. 103-274) | |
| 340 | + | ||
| 341 | + | ||
| 342 | + | ||
| 343 | + | ||
| 344 | + | ||
| 345 | + | SB0690 Enrolled - 10 - LRB103 03143 AWJ 48149 b | |
| 346 | + | ||
| 347 | + | ||
| 348 | + | SB0690 Enrolled- 11 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 11 - LRB103 03143 AWJ 48149 b | |
| 349 | + | SB0690 Enrolled - 11 - LRB103 03143 AWJ 48149 b | |
| 350 | + | 1 Sec. 3a. Every governmental unit authorized to levy an | |
| 351 | + | 2 annual tax under any of the provisions of this Act shall, | |
| 352 | + | 3 before it may levy such tax, establish a 7 member community | |
| 353 | + | 4 mental health board who shall administer this Act. Such board | |
| 354 | + | 5 shall be appointed by the chairman of the governing body of a | |
| 355 | + | 6 county, the mayor of a city, the president of a village, the | |
| 356 | + | 7 president of an incorporated town, or the supervisor of a | |
| 357 | + | 8 township, as the case may be, with the advice and consent of | |
| 358 | + | 9 the governing body of such county, city, village, incorporated | |
| 359 | + | 10 town or the town board of trustees of any township. Members of | |
| 360 | + | 11 the community mental health board shall be residents of the | |
| 361 | + | 12 government unit and, as nearly as possible, be representative | |
| 362 | + | 13 of interested groups of the community such as local health | |
| 363 | + | 14 departments, medical societies, local comprehensive health | |
| 364 | + | 15 planning agencies, hospital boards, lay associations concerned | |
| 365 | + | 16 with mental health, developmental disabilities and substance | |
| 366 | + | 17 abuse, as well as the general public. Only one member shall be | |
| 367 | + | 18 a member of the governing body. The chairman of the governing | |
| 368 | + | 19 body may, upon the request of the community mental health | |
| 369 | + | 20 board, appoint 2 additional members to the community mental | |
| 370 | + | 21 health board. No member of the community mental health board | |
| 371 | + | 22 may be a full-time or part-time employee of the Department of | |
| 372 | + | 23 Human Services or a board member, employee or any other | |
| 373 | + | 24 individual receiving compensation from any facility or service | |
| 374 | + | 25 operating under contract to the board. If a successful | |
| 375 | + | 26 referendum is held under Section 5 of this Act, all members of | |
| 376 | + | ||
| 377 | + | ||
| 378 | + | ||
| 379 | + | ||
| 380 | + | ||
| 381 | + | SB0690 Enrolled - 11 - LRB103 03143 AWJ 48149 b | |
| 382 | + | ||
| 383 | + | ||
| 384 | + | SB0690 Enrolled- 12 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 12 - LRB103 03143 AWJ 48149 b | |
| 385 | + | SB0690 Enrolled - 12 - LRB103 03143 AWJ 48149 b | |
| 386 | + | 1 such board shall be appointed within 60 days of the | |
| 387 | + | 2 referendum. If a community mental health board has been | |
| 388 | + | 3 established by a county with a population of less than 500,000 | |
| 389 | + | 4 and the community mental health board is funded in whole or in | |
| 390 | + | 5 part by a special mental health sales tax described in | |
| 391 | + | 6 paragraph (4) of subsection (a) of Section 5-1006.5 of the | |
| 392 | + | 7 Counties Code, the largest municipality in the county with at | |
| 393 | + | 8 least 125,000 residents may appoint 2 additional members to | |
| 394 | + | 9 the board. The members shall be appointed by the mayor of the | |
| 395 | + | 10 municipality with the advice and consent of the municipality's | |
| 396 | + | 11 governing body. | |
| 397 | + | 12 Home rule units are exempt from this Act. However, they | |
| 398 | + | 13 may, by ordinance, adopt the provisions of this Act, or any | |
| 399 | + | 14 portion thereof, that they may deem advisable. | |
| 400 | + | 15 The tax rate set forth in Section 4 may be levied by any | |
| 401 | + | 16 non-home rule unit only pursuant to the approval by the voters | |
| 402 | + | 17 at a referendum. Such referendum may have been held at any time | |
| 403 | + | 18 subsequent to the effective date of the Community Mental | |
| 404 | + | 19 Health Act. | |
| 405 | + | 20 (Source: P.A. 95-336, eff. 8-21-07.) | |
| 406 | + | 21 (Text of Section after amendment by P.A. 103-274) | |
| 407 | + | 22 Sec. 3a. Every governmental unit authorized to levy an | |
| 408 | + | 23 annual tax under any of the provisions of this Act shall, | |
| 409 | + | 24 before it may levy such tax, establish a 7 member community | |
| 410 | + | 25 mental health board who shall administer this Act. Such board | |
| 411 | + | ||
| 412 | + | ||
| 413 | + | ||
| 414 | + | ||
| 415 | + | ||
| 416 | + | SB0690 Enrolled - 12 - LRB103 03143 AWJ 48149 b | |
| 417 | + | ||
| 418 | + | ||
| 419 | + | SB0690 Enrolled- 13 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 13 - LRB103 03143 AWJ 48149 b | |
| 420 | + | SB0690 Enrolled - 13 - LRB103 03143 AWJ 48149 b | |
| 421 | + | 1 shall be appointed by the chairman of the governing body of a | |
| 422 | + | 2 county, the mayor of a city, the president of a village, the | |
| 423 | + | 3 president of an incorporated town, or the supervisor of a | |
| 424 | + | 4 township, as the case may be, with the advice and consent of | |
| 425 | + | 5 the governing body of such county, city, village, incorporated | |
| 426 | + | 6 town or the town board of trustees of any township. Members of | |
| 427 | + | 7 the community mental health board shall be residents of the | |
| 428 | + | 8 government unit and, as nearly as possible, be representative | |
| 429 | + | 9 of interested groups of the community such as local health | |
| 430 | + | 10 departments, medical societies, local comprehensive health | |
| 431 | + | 11 planning agencies, hospital boards, lay associations concerned | |
| 432 | + | 12 with mental health, developmental disabilities and substance | |
| 433 | + | 13 abuse, as well as the general public. Only one member shall be | |
| 434 | + | 14 a member of the governing body, with the term of membership on | |
| 435 | + | 15 the board to run concurrently with the elected term of the | |
| 436 | + | 16 member. The chairman of the governing body may, upon the | |
| 437 | + | 17 request of the community mental health board, appoint 2 | |
| 438 | + | 18 additional members to the community mental health board. No | |
| 439 | + | 19 member of the community mental health board may be a full-time | |
| 440 | + | 20 or part-time employee of the Department of Human Services or a | |
| 441 | + | 21 board member, employee or any other individual receiving | |
| 442 | + | 22 compensation from any facility or service operating under | |
| 443 | + | 23 contract to the board. If a successful referendum is held | |
| 444 | + | 24 under Section 5 of this Act, all members of such board shall be | |
| 445 | + | 25 appointed within 60 days after the local election authority | |
| 446 | + | 26 certifies the passage of the referendum. If a community mental | |
| 447 | + | ||
| 448 | + | ||
| 449 | + | ||
| 450 | + | ||
| 451 | + | ||
| 452 | + | SB0690 Enrolled - 13 - LRB103 03143 AWJ 48149 b | |
| 453 | + | ||
| 454 | + | ||
| 455 | + | SB0690 Enrolled- 14 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 14 - LRB103 03143 AWJ 48149 b | |
| 456 | + | SB0690 Enrolled - 14 - LRB103 03143 AWJ 48149 b | |
| 457 | + | 1 health board has been established by a county with a | |
| 458 | + | 2 population of less than 500,000 and the community mental | |
| 459 | + | 3 health board is funded in whole or in part by a special mental | |
| 460 | + | 4 health sales tax described in paragraph (4) of subsection (a) | |
| 461 | + | 5 of Section 5-1006.5 of the Counties Code, the largest | |
| 462 | + | 6 municipality in the county with at least 125,000 residents may | |
| 463 | + | 7 appoint 2 additional members to the board. The members shall | |
| 464 | + | 8 be appointed by the mayor of the municipality with the advice | |
| 465 | + | 9 and consent of the municipality's governing body. | |
| 466 | + | 10 Home rule units are exempt from this Act. However, they | |
| 467 | + | 11 may, by ordinance, adopt the provisions of this Act, or any | |
| 468 | + | 12 portion thereof, that they may deem advisable. | |
| 469 | + | 13 The tax rate set forth in Section 4 may be levied by any | |
| 470 | + | 14 non-home rule unit only pursuant to the approval by the voters | |
| 471 | + | 15 at a referendum. Such referendum may have been held at any time | |
| 472 | + | 16 subsequent to the effective date of the Community Mental | |
| 473 | + | 17 Health Act. | |
| 474 | + | 18 (Source: P.A. 103-274, eff. 1-1-24.) | |
| 475 | + | 19 (405 ILCS 20/5) (from Ch. 91 1/2, par. 305) | |
| 476 | + | 20 (Text of Section before amendment by P.A. 103-274) | |
| 477 | + | 21 Sec. 5. (a) When the governing body of a governmental unit | |
| 478 | + | 22 passes a resolution as provided in Section 4 asking that an | |
| 479 | + | 23 annual tax may be levied for the purpose of providing such | |
| 480 | + | 24 mental health facilities and services, including facilities | |
| 481 | + | 25 and services for the person with a developmental disability or | |
| 482 | + | ||
| 483 | + | ||
| 484 | + | ||
| 485 | + | ||
| 486 | + | ||
| 487 | + | SB0690 Enrolled - 14 - LRB103 03143 AWJ 48149 b | |
| 488 | + | ||
| 489 | + | ||
| 490 | + | SB0690 Enrolled- 15 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 15 - LRB103 03143 AWJ 48149 b | |
| 491 | + | SB0690 Enrolled - 15 - LRB103 03143 AWJ 48149 b | |
| 492 | + | 1 a substance use disorder, in the community and so instructs | |
| 493 | + | 2 the clerk of the governmental unit such clerk shall certify | |
| 494 | + | 3 the proposition to the proper election officials for | |
| 495 | + | 4 submission at a regular election in accordance with the | |
| 496 | + | 5 general election law. The proposition shall be in the | |
| 497 | + | 6 following form: | |
| 498 | + | 7 ---------------------------------------------- | |
| 499 | + | 8 Shall............ (governmental | |
| 500 | + | 9 unit) levy an annual tax of (not YES | |
| 501 | + | 10 more than .15%) for the purpose of providing | |
| 502 | + | 11 community mental health facilities and --------------- | |
| 503 | + | 12 services including facilities and services | |
| 504 | + | 13 for persons with a developmental NO | |
| 505 | + | 14 disability or a substance use disorder? | |
| 506 | + | 15 ------------------------------------------------------------- | |
| 507 | + | 16 (a-5) If the governmental unit is also subject to the | |
| 508 | + | 17 Property Tax Extension Limitation Law, then the proposition | |
| 509 | + | 18 shall also comply with the Property Tax Extension Limitation | |
| 510 | + | 19 Law. Notwithstanding any provision of this subsection, any | |
| 511 | + | 20 referendum imposing an annual tax on or after January 1, 1994 | |
| 512 | + | 21 and prior to the effective date of this amendatory Act of the | |
| 513 | + | 22 103rd General Assembly May 13, 2022 (the effective date of | |
| 514 | + | 23 Public Act 102-839) that complies with subsection (a) is | |
| 515 | + | 24 hereby validated. | |
| 516 | + | 25 (b) If a majority of all the votes cast upon the | |
| 517 | + | 26 proposition are for the levy of such tax, the governing body of | |
| 518 | + | ||
| 519 | + | ||
| 520 | + | ||
| 521 | + | ||
| 522 | + | ||
| 523 | + | SB0690 Enrolled - 15 - LRB103 03143 AWJ 48149 b | |
| 524 | + | ||
| 525 | + | ||
| 526 | + | SB0690 Enrolled- 16 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 16 - LRB103 03143 AWJ 48149 b | |
| 527 | + | SB0690 Enrolled - 16 - LRB103 03143 AWJ 48149 b | |
| 528 | + | 1 such governmental unit shall thereafter annually levy a tax | |
| 529 | + | 2 not to exceed the rate set forth in Section 4. Thereafter, the | |
| 530 | + | 3 governing body shall in the annual appropriation bill | |
| 531 | + | 4 appropriate from such funds such sum or sums of money as may be | |
| 532 | + | 5 deemed necessary, based upon the community mental health | |
| 533 | + | 6 board's budget, the board's annual mental health report, and | |
| 534 | + | 7 the local mental health plan to defray necessary expenses and | |
| 535 | + | 8 liabilities in providing for such community mental health | |
| 536 | + | 9 facilities and services. | |
| 537 | + | 10 (c) If the governing body of a governmental unit levies a | |
| 538 | + | 11 tax under Section 4 of this Act and the rate specified in the | |
| 539 | + | 12 proposition under subsection (a) of this Section is less than | |
| 540 | + | 13 0.15%, then the governing body of the governmental unit may, | |
| 541 | + | 14 upon referendum approval, increase that rate to not more than | |
| 542 | + | 15 0.15%. The governing body shall instruct the clerk of the | |
| 543 | + | 16 governmental unit to certify the proposition to the proper | |
| 544 | + | 17 election officials for submission at a regular election in | |
| 545 | + | 18 accordance with the general election law. The proposition | |
| 546 | + | 19 shall be in the following form: | |
| 547 | + | 20 "Shall the tax imposed by (governmental unit) for the | |
| 548 | + | 21 purpose of providing community mental health facilities | |
| 549 | + | 22 and services, including facilities and services for | |
| 550 | + | 23 persons with a developmental disability or substance use | |
| 551 | + | 24 disorder be increased to (not more than 0.15%)?" | |
| 552 | + | 25 If a majority of all the votes cast upon the proposition | |
| 553 | + | 26 are for the increase of the tax, then the governing body of the | |
| 554 | + | ||
| 555 | + | ||
| 556 | + | ||
| 557 | + | ||
| 558 | + | ||
| 559 | + | SB0690 Enrolled - 16 - LRB103 03143 AWJ 48149 b | |
| 560 | + | ||
| 561 | + | ||
| 562 | + | SB0690 Enrolled- 17 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 17 - LRB103 03143 AWJ 48149 b | |
| 563 | + | SB0690 Enrolled - 17 - LRB103 03143 AWJ 48149 b | |
| 564 | + | 1 governmental unit may thereafter annually levy a tax not to | |
| 565 | + | 2 exceed the rate set forth in the referendum question. | |
| 566 | + | 3 (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | |
| 567 | + | 4 103-154, eff. 6-30-23.) | |
| 568 | + | 5 (Text of Section after amendment by P.A. 103-274) | |
| 569 | + | 6 Sec. 5. (a) When the governing body of a governmental unit | |
| 570 | + | 7 passes a resolution as provided in Section 4 asking that an | |
| 571 | + | 8 annual tax may be levied for the purpose of providing such | |
| 572 | + | 9 mental health facilities and services, including facilities | |
| 573 | + | 10 and services for the person with a developmental disability or | |
| 574 | + | 11 a substance use disorder, in the community and so instructs | |
| 575 | + | 12 the clerk of the governmental unit such clerk shall certify | |
| 576 | + | 13 the proposition to the proper election officials for | |
| 577 | + | 14 submission at a regular election in accordance with the | |
| 578 | + | 15 general election law. The proposition shall be in the | |
| 579 | + | 16 following form: | |
| 580 | + | 17 ---------------------------------------------- | |
| 581 | + | 18 Shall............ (governmental | |
| 582 | + | 19 unit) levy an annual tax of (not YES | |
| 583 | + | 20 more than .15%) for the purpose of providing | |
| 584 | + | 21 community mental health facilities and --------------- | |
| 585 | + | 22 services including facilities and services | |
| 586 | + | 23 for persons with a developmental NO | |
| 587 | + | 24 disability or a substance use disorder? | |
| 588 | + | 25 ------------------------------------------------------------- | |
| 589 | + | ||
| 590 | + | ||
| 591 | + | ||
| 592 | + | ||
| 593 | + | ||
| 594 | + | SB0690 Enrolled - 17 - LRB103 03143 AWJ 48149 b | |
| 595 | + | ||
| 596 | + | ||
| 597 | + | SB0690 Enrolled- 18 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 18 - LRB103 03143 AWJ 48149 b | |
| 598 | + | SB0690 Enrolled - 18 - LRB103 03143 AWJ 48149 b | |
| 599 | + | 1 (a-5) If the governmental unit is also subject to the | |
| 600 | + | 2 Property Tax Extension Limitation Law, then the proposition | |
| 601 | + | 3 shall also comply with the Property Tax Extension Limitation | |
| 602 | + | 4 Law. Notwithstanding any provision of this subsection, any | |
| 603 | + | 5 referendum imposing an annual tax on or after January 1, 1994 | |
| 604 | + | 6 and prior to the effective date of this amendatory Act of the | |
| 605 | + | 7 103rd General Assembly May 13, 2022 (the effective date of | |
| 606 | + | 8 Public Act 102-839) that complies with subsection (a) is | |
| 607 | + | 9 hereby validated. | |
| 608 | + | 10 (b) If a majority of all the votes cast upon the | |
| 609 | + | 11 proposition are for the levy of such tax, the governing body of | |
| 610 | + | 12 such governmental unit shall thereafter annually levy a tax | |
| 611 | + | 13 not to exceed the rate set forth in Section 4. Thereafter, the | |
| 612 | + | 14 governing body shall in the annual appropriation bill | |
| 613 | + | 15 appropriate from such funds such sum or sums of money as may be | |
| 614 | + | 16 deemed necessary by the community mental health board, based | |
| 615 | + | 17 upon the community mental health board's budget, the board's | |
| 616 | + | 18 annual mental health report, and the local mental health plan | |
| 617 | + | 19 to defray necessary expenses and liabilities in providing for | |
| 618 | + | 20 such community mental health facilities and services. | |
| 619 | + | 21 (c) If the governing body of a governmental unit levies a | |
| 620 | + | 22 tax under Section 4 of this Act and the rate specified in the | |
| 621 | + | 23 proposition under subsection (a) of this Section is less than | |
| 622 | + | 24 0.15%, then the governing body of the governmental unit may, | |
| 623 | + | 25 upon referendum approval, increase that rate to not more than | |
| 624 | + | 26 0.15%. The governing body shall instruct the clerk of the | |
| 625 | + | ||
| 626 | + | ||
| 627 | + | ||
| 628 | + | ||
| 629 | + | ||
| 630 | + | SB0690 Enrolled - 18 - LRB103 03143 AWJ 48149 b | |
| 631 | + | ||
| 632 | + | ||
| 633 | + | SB0690 Enrolled- 19 -LRB103 03143 AWJ 48149 b SB0690 Enrolled - 19 - LRB103 03143 AWJ 48149 b | |
| 634 | + | SB0690 Enrolled - 19 - LRB103 03143 AWJ 48149 b | |
| 635 | + | 1 governmental unit to certify the proposition to the proper | |
| 636 | + | 2 election officials for submission at a regular election in | |
| 637 | + | 3 accordance with the general election law. The proposition | |
| 638 | + | 4 shall be in the following form: | |
| 639 | + | 5 "Shall the tax imposed by (governmental unit) for the | |
| 640 | + | 6 purpose of providing community mental health facilities | |
| 641 | + | 7 and services, including facilities and services for | |
| 642 | + | 8 persons with a developmental disability or substance use | |
| 643 | + | 9 disorder be increased to (not more than 0.15%)?" | |
| 644 | + | 10 If a majority of all the votes cast upon the proposition | |
| 645 | + | 11 are for the increase of the tax, then the governing body of the | |
| 646 | + | 12 governmental unit may thereafter annually levy a tax not to | |
| 647 | + | 13 exceed the rate set forth in the referendum question. | |
| 648 | + | 14 (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | |
| 649 | + | 15 103-154, eff. 6-30-23; 103-274, eff. 1-1-24.) | |
| 650 | + | 16 Section 95. No acceleration or delay. Where this Act makes | |
| 651 | + | 17 changes in a statute that is represented in this Act by text | |
| 652 | + | 18 that is not yet or no longer in effect (for example, a Section | |
| 653 | + | 19 represented by multiple versions), the use of that text does | |
| 654 | + | 20 not accelerate or delay the taking effect of (i) the changes | |
| 655 | + | 21 made by this Act or (ii) provisions derived from any other | |
| 656 | + | 22 Public Act. | |
| 657 | + | ||
| 658 | + | ||
| 659 | + | ||
| 660 | + | ||
| 661 | + | ||
| 662 | + | SB0690 Enrolled - 19 - LRB103 03143 AWJ 48149 b |