Public Act 103-0565
SB0690 EnrolledLRB103 03143 AWJ 48149 b SB0690 Enrolled LRB103 03143 AWJ 48149 b
SB0690 Enrolled LRB103 03143 AWJ 48149 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 28-1 as follows:
(10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
Sec. 28-1. The initiation and submission of all public
questions to be voted upon by the electors of the State or of
any political subdivision or district or precinct or
combination of precincts shall be subject to the provisions of
this Article.
Questions of public policy which have any legal effect
shall be submitted to referendum only as authorized by a
statute which so provides or by the Constitution. Advisory
questions of public policy shall be submitted to referendum
pursuant to Section 28-5 or pursuant to a statute which so
provides.
The method of initiating the submission of a public
question shall be as provided by the statute authorizing such
public question, or as provided by the Constitution.
All public questions shall be initiated, submitted and
printed on the ballot in the form required by Section 16-7 of
this Act, except as may otherwise be specified in the statute
SB0690 Enrolled LRB103 03143 AWJ 48149 b
authorizing a public question.
Whenever a statute provides for the initiation of a public
question by a petition of electors, the provisions of such
statute shall govern with respect to the number of signatures
required, the qualifications of persons entitled to sign the
petition, the contents of the petition, the officer with whom
the petition must be filed, and the form of the question to be
submitted. If such statute does not specify any of the
foregoing petition requirements, the corresponding petition
requirements of Section 28-6 shall govern such petition.
Irrespective of the method of initiation, not more than 3
public questions other than (a) back door referenda, (b)
referenda to determine whether a disconnection may take place
where a city coterminous with a township is proposing to annex
territory from an adjacent township, (c) referenda held under
the provisions of the Property Tax Extension Limitation Law in
the Property Tax Code, (d) referenda held under Section 2-3002
of the Counties Code, or (e) referenda held under Article 22,
23, or 29 of the Township Code may be submitted to referendum
with respect to a political subdivision at the same election.
If more than 3 propositions are timely initiated or
certified for submission at an election with respect to a
political subdivision, the first 3 validly initiated, by the
filing of a petition or by the adoption of a resolution or
ordinance of a political subdivision, as the case may be,
shall be printed on the ballot and submitted at that election.
However, except as expressly authorized by law not more than
one proposition to change the form of government of a
municipality pursuant to Article VII of the Constitution may
be submitted at an election. If more than one such proposition
is timely initiated or certified for submission at an election
with respect to a municipality, the first validly initiated
shall be the one printed on the ballot and submitted at that
election.
No public question shall be submitted to the voters of a
political subdivision at any regularly scheduled election at
which such voters are not scheduled to cast votes for any
candidates for nomination for, election to or retention in
public office, except that if, in any existing or proposed
political subdivision in which the submission of a public
question at a regularly scheduled election is desired, the
voters of only a portion of such existing or proposed
political subdivision are not scheduled to cast votes for
nomination for, election to or retention in public office at
such election, but the voters in one or more other portions of
such existing or proposed political subdivision are scheduled
to cast votes for nomination for, election to or retention in
public office at such election, the public question shall be
voted upon by all the qualified voters of the entire existing
or proposed political subdivision at the election.
Not more than 3 advisory public questions may be submitted
to the voters of the entire state at a general election. If
more than 3 such advisory propositions are initiated, the
first 3 timely and validly initiated shall be the questions
printed on the ballot and submitted at that election; provided
however, that a question for a proposed amendment to Article
IV of the Constitution pursuant to Section 3, Article XIV of
the Constitution, or for a question submitted under the
Property Tax Cap Referendum Law, shall not be included in the
foregoing limitation.
Notwithstanding any other provision of law, a community
mental health public question may not be placed on the 2024
primary or general election ballot in the same township where
a community mental health public question was approved on the
2022 general election ballot.
(Source: P.A. 100-107, eff. 1-1-18.)
Section 10. The Property Tax Code is amended by changing
Section 18-103 as follows:
(35 ILCS 200/18-103)
Sec. 18-103. General Community Mental Health Act
Validation Law. On and after January 1, 1994 and on or before
the effective date of this amendatory Act of the 103rd General
Assembly of this amendatory Act of the 102nd General Assembly,
the provisions of the Truth in Taxation Law are subject to the
Community Mental Health Act, Section 5-25025 of the Counties
Code, the Community Care for Persons with Developmental
Disabilities Act, and those referenda under those Acts
authorizing and creating boards and levies. The purpose of
this Section is to validate boards and levies created on or
after January 1, 1994 and on or before the effective date of
this amendatory Act of the 103rd General Assembly of this
amendatory Act of the 102nd General Assembly that relied on
conflicting referenda language contained in the Community
Mental Health Act, the Counties Code, and the Community Care
for Persons with Developmental Disabilities Act.
(Source: P.A. 102-839, eff. 5-13-22.)
Section 15. The Community Care for Persons with
Developmental Disabilities Act is amended by changing Section
1.2 as follows:
(50 ILCS 835/1.2) (was 55 ILCS 105/1.2)
Sec. 1.2. Petition for submission to referendum by
electors.
(a) Whenever a petition for submission to referendum by
the electors which requests the establishment and maintenance
of facilities or services for the benefit of its residents
with a developmental disability and the levy of an annual tax
not to exceed 0.1% upon all the taxable property in the
governmental unit at the value thereof, as equalized or
assessed by the Department of Revenue, is signed by electors
of the governmental unit equal in number to at least 10% of the
total votes cast for the office that received the greatest
total number of votes at the last preceding general election
of the governmental unit and is presented to the county clerk,
the clerk shall certify the proposition to the proper election
authorities for submission at the governmental unit's next
general election. The proposition shall be in substantially
the following form:
Shall (governmental unit) levy an annual tax not to
exceed 0.1% upon the equalized assessed value of all
taxable property in (governmental unit) for the purposes
of establishing and maintaining facilities or services for
the benefit of its residents who are persons with
intellectual or developmental disabilities and who are not
eligible to participate in any program provided under
Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
including contracting for those facilities or services
with any privately or publicly operated entity that
provides those facilities or services either in or out of
(governmental unit)?
(b) If a majority of the votes cast upon the proposition
are in favor thereof, such tax levy shall be authorized and the
governmental unit shall levy a tax not to exceed the rate set
forth in Section 1 of this Act.
(c) If the governmental unit is also subject to the
Property Tax Extension Limitation Law, then the proposition
shall also comply with the Property Tax Extension Limitation
Law. Notwithstanding any provision of this subsection, any
referendum imposing an annual tax on or after January 1, 1994
and prior to the effective date of this amendatory Act of the
103rd General Assembly of this amendatory Act of the 102nd
General Assembly that complies with this Section is hereby
validated.
(Source: P.A. 102-839, eff. 5-13-22.)
Section 20. The Counties Code is amended by changing
Section 5-25025 as follows:
(55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025)
Sec. 5-25025. Mental health program. If the county board
of any county having a population of less than 1,000,000
inhabitants and maintaining a county health department under
this Division desires the inclusion of a mental health program
in that county health department and the authority to levy the
tax provided for in subsection (c) of this Section, the county
board shall certify that question to the proper election
officials, who shall submit the proposition at an election in
accordance with the general election law. The proposition
shall be in substantially the following form:
----------------
Shall ...........County include
a mental health program in the YES
county health department, and
levy an annual tax of not to exceed ----------------------
.05% of the value of all taxable
property for use for mental health
purposes by the county health NO
department?
-------------------------------------------------------------
If a majority of the electors voting at that election vote
in favor of the proposition, the county board may include the
mental health program in the county health department and may,
annually, levy the additional tax for mental health purposes.
All mental health facilities provided shall be available to
all citizens of the county, but the county health board may
vary any charges for services according to ability to pay.
If the county is also subject to the Property Tax
Extension Limitation Law, then the proposition shall also
comply with the Property Tax Extension Limitation Law.
Notwithstanding any provision of this Section, any referendum
imposing an annual tax on or after January 1, 1994 and prior to
the effective date of this amendatory Act of the 103rd General
Assembly of this amendatory Act of the 102nd General Assembly
that complies with this Section is hereby validated.
When the inclusion of a mental health program has been
approved:
(a) To the extent practicable, at least one member of the
County Board of Health, under Section 5-25012, shall be a
person certified by The American Board of Psychiatry and
Neurology professionally engaged in the field of mental health
and licensed to practice medicine in the State, unless there
is no such qualified person in the county.
(b) The president or chairman of the county board of
health shall appoint a mental health advisory board composed
of not less than 9 nor more than 15 members who have special
knowledge and interest in the field of mental health.
Initially, 1/3 of the board members shall be appointed for
terms of one year, 1/3 for 2 years and 1/3 for 3 years.
Thereafter, all terms shall be for 3 years. This advisory
board shall meet at least twice each year and provide counsel,
direction and advice to the county board of health in the field
of mental health.
(c) The county board may levy, in excess of the statutory
limit and in addition to the taxes permitted under Sections
5-25003, 5-25004 and 5-25010, an additional annual tax of not
more than .05% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property within the
county which tax shall be levied and collected as provided in
Section 5-25010 but held in the County Health Fund of the
county treasury for use for mental health purposes. These
funds may be used to provide care and treatment in public and
private mental health facilities.
(d) When a mental health program has been included in a
county health department pursuant to this Section, the county
board may obtain the authority to levy a tax for mental health
purposes in addition to the tax authorized by the preceding
paragraphs of this Section but not in excess of an additional
.05% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property in the county by following
the procedure set out in Section 5-25003 except that the
proposition shall be in substantially the following form:
----
Shall.... county levy, in excess
of the statutory limit, an additional YES
annual tax of not to exceed .05% for ---------------------
use for mental health purposes by the NO
county health department?
--------------------------------------------------------
If the majority of all the votes cast on the proposition in
the county is in favor thereof, the county board shall levy
such tax annually. The levy and collection of this tax shall be
as provided in Section 5-25010 but the tax shall be held in the
County Health Fund of the county treasury for use, with that
levied pursuant to paragraph (c), for mental health purposes.
(Source: P.A. 102-839, eff. 5-13-22.)
Section 25. The Community Mental Health Act is amended by
changing Sections 3a and 5 as follows:
(405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
(Text of Section before amendment by P.A. 103-274)
Sec. 3a. Every governmental unit authorized to levy an
annual tax under any of the provisions of this Act shall,
before it may levy such tax, establish a 7 member community
mental health board who shall administer this Act. Such board
shall be appointed by the chairman of the governing body of a
county, the mayor of a city, the president of a village, the
president of an incorporated town, or the supervisor of a
township, as the case may be, with the advice and consent of
the governing body of such county, city, village, incorporated
town or the town board of trustees of any township. Members of
the community mental health board shall be residents of the
government unit and, as nearly as possible, be representative
of interested groups of the community such as local health
departments, medical societies, local comprehensive health
planning agencies, hospital boards, lay associations concerned
with mental health, developmental disabilities and substance
abuse, as well as the general public. Only one member shall be
a member of the governing body. The chairman of the governing
body may, upon the request of the community mental health
board, appoint 2 additional members to the community mental
health board. No member of the community mental health board
may be a full-time or part-time employee of the Department of
Human Services or a board member, employee or any other
individual receiving compensation from any facility or service
operating under contract to the board. If a successful
referendum is held under Section 5 of this Act, all members of
such board shall be appointed within 60 days of the
referendum. If a community mental health board has been
established by a county with a population of less than 500,000
and the community mental health board is funded in whole or in
part by a special mental health sales tax described in
paragraph (4) of subsection (a) of Section 5-1006.5 of the
Counties Code, the largest municipality in the county with at
least 125,000 residents may appoint 2 additional members to
the board. The members shall be appointed by the mayor of the
municipality with the advice and consent of the municipality's
governing body.
Home rule units are exempt from this Act. However, they
may, by ordinance, adopt the provisions of this Act, or any
portion thereof, that they may deem advisable.
The tax rate set forth in Section 4 may be levied by any
non-home rule unit only pursuant to the approval by the voters
at a referendum. Such referendum may have been held at any time
subsequent to the effective date of the Community Mental
Health Act.
(Source: P.A. 95-336, eff. 8-21-07.)
(Text of Section after amendment by P.A. 103-274)
Sec. 3a. Every governmental unit authorized to levy an
annual tax under any of the provisions of this Act shall,
before it may levy such tax, establish a 7 member community
mental health board who shall administer this Act. Such board
shall be appointed by the chairman of the governing body of a
county, the mayor of a city, the president of a village, the
president of an incorporated town, or the supervisor of a
township, as the case may be, with the advice and consent of
the governing body of such county, city, village, incorporated
town or the town board of trustees of any township. Members of
the community mental health board shall be residents of the
government unit and, as nearly as possible, be representative
of interested groups of the community such as local health
departments, medical societies, local comprehensive health
planning agencies, hospital boards, lay associations concerned
with mental health, developmental disabilities and substance
abuse, as well as the general public. Only one member shall be
a member of the governing body, with the term of membership on
the board to run concurrently with the elected term of the
member. The chairman of the governing body may, upon the
request of the community mental health board, appoint 2
additional members to the community mental health board. No
member of the community mental health board may be a full-time
or part-time employee of the Department of Human Services or a
board member, employee or any other individual receiving
compensation from any facility or service operating under
contract to the board. If a successful referendum is held
under Section 5 of this Act, all members of such board shall be
appointed within 60 days after the local election authority
certifies the passage of the referendum. If a community mental
health board has been established by a county with a
population of less than 500,000 and the community mental
health board is funded in whole or in part by a special mental
health sales tax described in paragraph (4) of subsection (a)
of Section 5-1006.5 of the Counties Code, the largest
municipality in the county with at least 125,000 residents may
appoint 2 additional members to the board. The members shall
be appointed by the mayor of the municipality with the advice
and consent of the municipality's governing body.
Home rule units are exempt from this Act. However, they
may, by ordinance, adopt the provisions of this Act, or any
portion thereof, that they may deem advisable.
The tax rate set forth in Section 4 may be levied by any
non-home rule unit only pursuant to the approval by the voters
at a referendum. Such referendum may have been held at any time
subsequent to the effective date of the Community Mental
Health Act.
(Source: P.A. 103-274, eff. 1-1-24.)
(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
(Text of Section before amendment by P.A. 103-274)
Sec. 5. (a) When the governing body of a governmental unit
passes a resolution as provided in Section 4 asking that an
annual tax may be levied for the purpose of providing such
mental health facilities and services, including facilities
and services for the person with a developmental disability or
a substance use disorder, in the community and so instructs
the clerk of the governmental unit such clerk shall certify
the proposition to the proper election officials for
submission at a regular election in accordance with the
general election law. The proposition shall be in the
following form:
----------------------------------------------
Shall............ (governmental
unit) levy an annual tax of (not YES
more than .15%) for the purpose of providing
community mental health facilities and ---------------
services including facilities and services
for persons with a developmental NO
disability or a substance use disorder?
-------------------------------------------------------------
(a-5) If the governmental unit is also subject to the
Property Tax Extension Limitation Law, then the proposition
shall also comply with the Property Tax Extension Limitation
Law. Notwithstanding any provision of this subsection, any
referendum imposing an annual tax on or after January 1, 1994
and prior to the effective date of this amendatory Act of the
103rd General Assembly May 13, 2022 (the effective date of
Public Act 102-839) that complies with subsection (a) is
hereby validated.
(b) If a majority of all the votes cast upon the
proposition are for the levy of such tax, the governing body of
such governmental unit shall thereafter annually levy a tax
not to exceed the rate set forth in Section 4. Thereafter, the
governing body shall in the annual appropriation bill
appropriate from such funds such sum or sums of money as may be
deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and
the local mental health plan to defray necessary expenses and
liabilities in providing for such community mental health
facilities and services.
(c) If the governing body of a governmental unit levies a
tax under Section 4 of this Act and the rate specified in the
proposition under subsection (a) of this Section is less than
0.15%, then the governing body of the governmental unit may,
upon referendum approval, increase that rate to not more than
0.15%. The governing body shall instruct the clerk of the
governmental unit to certify the proposition to the proper
election officials for submission at a regular election in
accordance with the general election law. The proposition
shall be in the following form:
"Shall the tax imposed by (governmental unit) for the
purpose of providing community mental health facilities
and services, including facilities and services for
persons with a developmental disability or substance use
disorder be increased to (not more than 0.15%)?"
If a majority of all the votes cast upon the proposition
are for the increase of the tax, then the governing body of the
governmental unit may thereafter annually levy a tax not to
exceed the rate set forth in the referendum question.
(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-274)
Sec. 5. (a) When the governing body of a governmental unit
passes a resolution as provided in Section 4 asking that an
annual tax may be levied for the purpose of providing such
mental health facilities and services, including facilities
and services for the person with a developmental disability or
a substance use disorder, in the community and so instructs
the clerk of the governmental unit such clerk shall certify
the proposition to the proper election officials for
submission at a regular election in accordance with the
general election law. The proposition shall be in the
following form:
----------------------------------------------
Shall............ (governmental
unit) levy an annual tax of (not YES
more than .15%) for the purpose of providing
community mental health facilities and ---------------
services including facilities and services
for persons with a developmental NO
disability or a substance use disorder?
-------------------------------------------------------------
(a-5) If the governmental unit is also subject to the
Property Tax Extension Limitation Law, then the proposition
shall also comply with the Property Tax Extension Limitation
Law. Notwithstanding any provision of this subsection, any
referendum imposing an annual tax on or after January 1, 1994
and prior to the effective date of this amendatory Act of the
103rd General Assembly May 13, 2022 (the effective date of
Public Act 102-839) that complies with subsection (a) is
hereby validated.
(b) If a majority of all the votes cast upon the
proposition are for the levy of such tax, the governing body of
such governmental unit shall thereafter annually levy a tax
not to exceed the rate set forth in Section 4. Thereafter, the
governing body shall in the annual appropriation bill
appropriate from such funds such sum or sums of money as may be
deemed necessary by the community mental health board, based
upon the community mental health board's budget, the board's
annual mental health report, and the local mental health plan
to defray necessary expenses and liabilities in providing for
such community mental health facilities and services.
(c) If the governing body of a governmental unit levies a
tax under Section 4 of this Act and the rate specified in the
proposition under subsection (a) of this Section is less than
0.15%, then the governing body of the governmental unit may,
upon referendum approval, increase that rate to not more than
0.15%. The governing body shall instruct the clerk of the
governmental unit to certify the proposition to the proper
election officials for submission at a regular election in
accordance with the general election law. The proposition
shall be in the following form:
"Shall the tax imposed by (governmental unit) for the
purpose of providing community mental health facilities
and services, including facilities and services for
persons with a developmental disability or substance use
disorder be increased to (not more than 0.15%)?"
If a majority of all the votes cast upon the proposition
are for the increase of the tax, then the governing body of the
governmental unit may thereafter annually levy a tax not to
exceed the rate set forth in the referendum question.
(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
103-154, eff. 6-30-23; 103-274, eff. 1-1-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.