102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4228

 

Introduced 1/5/2022, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-103 new
50 ILCS 835/1.2  was 55 ILCS 105/1.2
55 ILCS 5/5-25025  from Ch. 34, par. 5-25025
405 ILCS 20/5  from Ch. 91 1/2, par. 305

    Amends the Property Tax Code, the Community Care for Persons with Developmental Disabilities Act, the Counties Code, and the Community Mental Health Act. Contains provisions validating certain tax levies for community mental health boards. Effective immediately.


LRB102 21313 HLH 30425 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4228LRB102 21313 HLH 30425 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by adding
5Section 18-103 as follows:
 
6    (35 ILCS 200/18-103 new)
7    Sec. 18-103. General Community Mental Health Act
8Validation Law. On and after January 1, 1994, the provisions
9of the Truth in Taxation Law are subject to the Community
10Mental Health Act, Section 5-25025 of the Counties Code, the
11Community Care for Persons with Developmental Disabilities
12Act, and those referenda under those Acts authorizing and
13creating boards and levies. The purpose of this Section is to
14validate boards and levies created on or after January 1, 1994
15and on or before the effective date of this amendatory Act of
16the 102nd General Assembly that relied on conflicting
17referenda language contained in the Community Mental Health
18Act, the Counties Code, and the Community Care for Persons
19with Developmental Disabilities Act.
 
20    Section 10. The Community Care for Persons with
21Developmental Disabilities Act is amended by changing Section
221.2 as follows:
 

 

 

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1    (50 ILCS 835/1.2)  (was 55 ILCS 105/1.2)
2    Sec. 1.2. Petition for submission to referendum by
3electors.
4    (a) Whenever a petition for submission to referendum by
5the electors which requests the establishment and maintenance
6of facilities or services for the benefit of its residents
7with a developmental disability and the levy of an annual tax
8not to exceed 0.1% upon all the taxable property in the
9governmental unit at the value thereof, as equalized or
10assessed by the Department of Revenue, is signed by electors
11of the governmental unit equal in number to at least 10% of the
12total votes cast for the office that received the greatest
13total number of votes at the last preceding general election
14of the governmental unit and is presented to the county clerk,
15the clerk shall certify the proposition to the proper election
16authorities for submission at the governmental unit's next
17general election. The proposition shall be in substantially
18the following form:
19        Shall (governmental unit) levy an annual tax not to
20    exceed 0.1% upon the equalized assessed value of all
21    taxable property in (governmental unit) for the purposes
22    of establishing and maintaining facilities or services for
23    the benefit of its residents who are persons with
24    intellectual or developmental disabilities and who are not
25    eligible to participate in any program provided under

 

 

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1    Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
2    including contracting for those facilities or services
3    with any privately or publicly operated entity that
4    provides those facilities or services either in or out of
5    (governmental unit)?
6    (b) If a majority of the votes cast upon the proposition
7are in favor thereof, such tax levy shall be authorized and the
8governmental unit shall levy a tax not to exceed the rate set
9forth in Section 1 of this Act.
10    (c) If the governmental unit is also subject to the
11Property Tax Extension Limitation Law, then the proposition
12shall also comply with the Property Tax Extension Limitation
13Law. Notwithstanding any provision of this subsection, any
14referendum imposing an annual tax on or after January 1, 1994
15and prior to the effective date of this amendatory Act of the
16102nd General Assembly that complies with this Section is
17hereby validated.
18(Source: P.A. 99-143, eff. 7-27-15; 100-1129, eff. 1-1-19.)
 
19    Section 15. The Counties Code is amended by changing
20Section 5-25025 as follows:
 
21    (55 ILCS 5/5-25025)  (from Ch. 34, par. 5-25025)
22    Sec. 5-25025. Mental health program. If the county board
23of any county having a population of less than 1,000,000
24inhabitants and maintaining a county health department under

 

 

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1this Division desires the inclusion of a mental health program
2in that county health department and the authority to levy the
3tax provided for in subsection (c) of this Section, the county
4board shall certify that question to the proper election
5officials, who shall submit the proposition at an election in
6accordance with the general election law. The proposition
7shall be in substantially the following form:
8-------------------------------------------------------------
9    Shall ...........County include
10a mental health program in the                YES
11county health department, and
12levy an annual tax of not to exceed    ----------------------
13.05% of the value of all taxable
14property for use for mental health
15purposes by the county health                  NO
16department?
17-------------------------------------------------------------
18    If a majority of the electors voting at that election vote
19in favor of the proposition, the county board may include the
20mental health program in the county health department and may,
21annually, levy the additional tax for mental health purposes.
22All mental health facilities provided shall be available to
23all citizens of the county, but the county health board may
24vary any charges for services according to ability to pay.
25    If the county is also subject to the Property Tax
26Extension Limitation Law, then the proposition shall also

 

 

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1comply with the Property Tax Extension Limitation Law.
2Notwithstanding any provision of this Section, any referendum
3imposing an annual tax on or after January 1, 1994 and prior to
4the effective date of this amendatory Act of the 102nd General
5Assembly that complies with this Section is hereby validated.
6    When the inclusion of a mental health program has been
7approved:
8    (a) To the extent practicable, at least one member of the
9County Board of Health, under Section 5-25012, shall be a
10person certified by The American Board of Psychiatry and
11Neurology professionally engaged in the field of mental health
12and licensed to practice medicine in the State, unless there
13is no such qualified person in the county.
14    (b) The president or chairman of the county board of
15health shall appoint a mental health advisory board composed
16of not less than 9 nor more than 15 members who have special
17knowledge and interest in the field of mental health.
18Initially, 1/3 of the board members shall be appointed for
19terms of one year, 1/3 for 2 years and 1/3 for 3 years.
20Thereafter, all terms shall be for 3 years. This advisory
21board shall meet at least twice each year and provide counsel,
22direction and advice to the county board of health in the field
23of mental health.
24    (c) The county board may levy, in excess of the statutory
25limit and in addition to the taxes permitted under Sections
265-25003, 5-25004 and 5-25010, an additional annual tax of not

 

 

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1more than .05% of the value, as equalized or assessed by the
2Department of Revenue, of all taxable property within the
3county which tax shall be levied and collected as provided in
4Section 5-25010 but held in the County Health Fund of the
5county treasury for use for mental health purposes. These
6funds may be used to provide care and treatment in public and
7private mental health facilities.
8    (d) When a mental health program has been included in a
9county health department pursuant to this Section, the county
10board may obtain the authority to levy a tax for mental health
11purposes in addition to the tax authorized by the preceding
12paragraphs of this Section but not in excess of an additional
13.05% of the value, as equalized or assessed by the Department
14of Revenue, of all taxable property in the county by following
15the procedure set out in Section 5-25003 except that the
16proposition shall be in substantially the following form:
17-------------------------------------------------------------
18    Shall.... county levy, in excess
19of the statutory limit, an additional        YES
20annual tax of not to exceed .05% for    ---------------------
21use for mental health purposes by the        NO
22county health department?
23 ------------------------------------------------------------
24    If the majority of all the votes cast on the proposition in
25the county is in favor thereof, the county board shall levy
26such tax annually. The levy and collection of this tax shall be

 

 

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1as provided in Section 5-25010 but the tax shall be held in the
2County Health Fund of the county treasury for use, with that
3levied pursuant to paragraph (c), for mental health purposes.
4(Source: P.A. 86-962; 86-1028.)
 
5    Section 20. The Community Mental Health Act is amended by
6changing Section 5 as follows:
 
7    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
8    Sec. 5. (a) When the governing body of a governmental unit
9passes a resolution as provided in Section 4 asking that an
10annual tax may be levied for the purpose of providing such
11mental health facilities and services, including facilities
12and services for the person with a developmental disability or
13a substance use disorder, in the community and so instructs
14the clerk of the governmental unit such clerk shall certify
15the proposition to the proper election officials for
16submission at a regular election in accordance with the
17general election law. The proposition shall be in the
18following form:
19-------------------------------------------------------------
20    Shall............  (governmental
21unit) levy an annual tax of not to               YES
22exceed .15% for the purpose of providing
23community mental health facilities and        ---------------
24services including facilities and services

 

 

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1for the person with a developmental              NO
2disability or a substance use disorder?
3-------------------------------------------------------------
4    (a-5) If the governmental unit is also subject to the
5Property Tax Extension Limitation Law, then the proposition
6shall also comply with the Property Tax Extension Limitation
7Law. Notwithstanding any provision of this subsection, any
8referendum imposing an annual tax on or after January 1, 1994
9and prior to the effective date of this amendatory Act of the
10102nd General Assembly that complies with subsection (a) is
11hereby validated.
12    (b) If a majority of all the votes cast upon the
13proposition are for the levy of such tax, the governing body of
14such governmental unit shall thereafter annually levy a tax
15not to exceed the rate set forth in Section 4. Thereafter, the
16governing body shall in the annual appropriation bill
17appropriate from such funds such sum or sums of money as may be
18deemed necessary, based upon the community mental health
19board's budget, the board's annual mental health report, and
20the local mental health plan to defray necessary expenses and
21liabilities in providing for such community mental health
22facilities and services.
23    (c) If the governing body of a governmental unit levies a
24tax under Section 4 of this Act and the rate specified in the
25proposition under subsection (a) of this Section is less than
260.15%, then the governing body of the governmental unit may,

 

 

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1upon referendum approval, increase that rate to not more than
20.15%. The governing body shall instruct the clerk of the
3governmental unit to certify the proposition to the proper
4election officials for submission at a regular election in
5accordance with the general election law. The proposition
6shall be in the following form:
7        "Shall the tax imposed by (governmental unit) for the
8    purpose of providing community mental health facilities
9    and services, including facilities and services for
10    persons with a developmental disability or substance use
11    disorder be increased to (not more than 0.15%)?"
12    If a majority of all the votes cast upon the proposition
13are for the increase of the tax, then the governing body of the
14governmental unit may thereafter annually levy a tax not to
15exceed the rate set forth in the referendum question.
16(Source: P.A. 95-336, eff. 8-21-07; 96-764, eff. 8-25-09.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.