SB0690 EnrolledLRB103 03143 AWJ 48149 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 Election Code is amended by changing
5Section 28-1 as follows:
 
6    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
7    Sec. 28-1. The initiation and submission of all public
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12    Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so
17provides.
18    The method of initiating the submission of a public
19question shall be as provided by the statute authorizing such
20public question, or as provided by the Constitution.
21    All public questions shall be initiated, submitted and
22printed on the ballot in the form required by Section 16-7 of
23this Act, except as may otherwise be specified in the statute

 

 

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1authorizing a public question.
2    Whenever a statute provides for the initiation of a public
3question by a petition of electors, the provisions of such
4statute shall govern with respect to the number of signatures
5required, the qualifications of persons entitled to sign the
6petition, the contents of the petition, the officer with whom
7the petition must be filed, and the form of the question to be
8submitted. If such statute does not specify any of the
9foregoing petition requirements, the corresponding petition
10requirements of Section 28-6 shall govern such petition.
11    Irrespective of the method of initiation, not more than 3
12public questions other than (a) back door referenda, (b)
13referenda to determine whether a disconnection may take place
14where a city coterminous with a township is proposing to annex
15territory from an adjacent township, (c) referenda held under
16the provisions of the Property Tax Extension Limitation Law in
17the Property Tax Code, (d) referenda held under Section 2-3002
18of the Counties Code, or (e) referenda held under Article 22,
1923, or 29 of the Township Code may be submitted to referendum
20with respect to a political subdivision at the same election.
21    If more than 3 propositions are timely initiated or
22certified for submission at an election with respect to a
23political subdivision, the first 3 validly initiated, by the
24filing of a petition or by the adoption of a resolution or
25ordinance of a political subdivision, as the case may be,
26shall be printed on the ballot and submitted at that election.

 

 

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1However, except as expressly authorized by law not more than
2one proposition to change the form of government of a
3municipality pursuant to Article VII of the Constitution may
4be submitted at an election. If more than one such proposition
5is timely initiated or certified for submission at an election
6with respect to a municipality, the first validly initiated
7shall be the one printed on the ballot and submitted at that
8election.
9    No public question shall be submitted to the voters of a
10political subdivision at any regularly scheduled election at
11which such voters are not scheduled to cast votes for any
12candidates for nomination for, election to or retention in
13public office, except that if, in any existing or proposed
14political subdivision in which the submission of a public
15question at a regularly scheduled election is desired, the
16voters of only a portion of such existing or proposed
17political subdivision are not scheduled to cast votes for
18nomination for, election to or retention in public office at
19such election, but the voters in one or more other portions of
20such existing or proposed political subdivision are scheduled
21to cast votes for nomination for, election to or retention in
22public office at such election, the public question shall be
23voted upon by all the qualified voters of the entire existing
24or proposed political subdivision at the election.
25    Not more than 3 advisory public questions may be submitted
26to the voters of the entire state at a general election. If

 

 

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1more than 3 such advisory propositions are initiated, the
2first 3 timely and validly initiated shall be the questions
3printed on the ballot and submitted at that election; provided
4however, that a question for a proposed amendment to Article
5IV of the Constitution pursuant to Section 3, Article XIV of
6the Constitution, or for a question submitted under the
7Property Tax Cap Referendum Law, shall not be included in the
8foregoing limitation.
9    Notwithstanding any other provision of law, a community
10mental health public question may not be placed on the 2024
11primary or general election ballot in the same township where
12a community mental health public question was approved on the
132022 general election ballot.
14(Source: P.A. 100-107, eff. 1-1-18.)
 
15    Section 10. The Property Tax Code is amended by changing
16Section 18-103 as follows:
 
17    (35 ILCS 200/18-103)
18    Sec. 18-103. General Community Mental Health Act
19Validation Law. On and after January 1, 1994 and on or before
20the effective date of this amendatory Act of the 103rd General
21Assembly of this amendatory Act of the 102nd General Assembly,
22the provisions of the Truth in Taxation Law are subject to the
23Community Mental Health Act, Section 5-25025 of the Counties
24Code, the Community Care for Persons with Developmental

 

 

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1Disabilities Act, and those referenda under those Acts
2authorizing and creating boards and levies. The purpose of
3this Section is to validate boards and levies created on or
4after January 1, 1994 and on or before the effective date of
5this amendatory Act of the 103rd General Assembly of this
6amendatory Act of the 102nd General Assembly that relied on
7conflicting referenda language contained in the Community
8Mental Health Act, the Counties Code, and the Community Care
9for Persons with Developmental Disabilities Act.
10(Source: P.A. 102-839, eff. 5-13-22.)
 
11    Section 15. The Community Care for Persons with
12Developmental Disabilities Act is amended by changing Section
131.2 as follows:
 
14    (50 ILCS 835/1.2)  (was 55 ILCS 105/1.2)
15    Sec. 1.2. Petition for submission to referendum by
16electors.
17    (a) Whenever a petition for submission to referendum by
18the electors which requests the establishment and maintenance
19of facilities or services for the benefit of its residents
20with a developmental disability and the levy of an annual tax
21not to exceed 0.1% upon all the taxable property in the
22governmental unit at the value thereof, as equalized or
23assessed by the Department of Revenue, is signed by electors
24of the governmental unit equal in number to at least 10% of the

 

 

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1total votes cast for the office that received the greatest
2total number of votes at the last preceding general election
3of the governmental unit and is presented to the county clerk,
4the clerk shall certify the proposition to the proper election
5authorities for submission at the governmental unit's next
6general election. The proposition shall be in substantially
7the following form:
8        Shall (governmental unit) levy an annual tax not to
9    exceed 0.1% upon the equalized assessed value of all
10    taxable property in (governmental unit) for the purposes
11    of establishing and maintaining facilities or services for
12    the benefit of its residents who are persons with
13    intellectual or developmental disabilities and who are not
14    eligible to participate in any program provided under
15    Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
16    including contracting for those facilities or services
17    with any privately or publicly operated entity that
18    provides those facilities or services either in or out of
19    (governmental unit)?
20    (b) If a majority of the votes cast upon the proposition
21are in favor thereof, such tax levy shall be authorized and the
22governmental unit shall levy a tax not to exceed the rate set
23forth in Section 1 of this Act.
24    (c) If the governmental unit is also subject to the
25Property Tax Extension Limitation Law, then the proposition
26shall also comply with the Property Tax Extension Limitation

 

 

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1Law. Notwithstanding any provision of this subsection, any
2referendum imposing an annual tax on or after January 1, 1994
3and prior to the effective date of this amendatory Act of the
4103rd General Assembly of this amendatory Act of the 102nd
5General Assembly that complies with this Section is hereby
6validated.
7(Source: P.A. 102-839, eff. 5-13-22.)
 
8    Section 20. The Counties Code is amended by changing
9Section 5-25025 as follows:
 
10    (55 ILCS 5/5-25025)  (from Ch. 34, par. 5-25025)
11    Sec. 5-25025. Mental health program. If the county board
12of any county having a population of less than 1,000,000
13inhabitants and maintaining a county health department under
14this Division desires the inclusion of a mental health program
15in that county health department and the authority to levy the
16tax provided for in subsection (c) of this Section, the county
17board shall certify that question to the proper election
18officials, who shall submit the proposition at an election in
19accordance with the general election law. The proposition
20shall be in substantially the following form:
21----------------
22    Shall ...........County include
23a mental health program in the                YES
24county health department, and

 

 

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1levy an annual tax of not to exceed    ----------------------
2.05% of the value of all taxable
3property for use for mental health
4purposes by the county health                  NO
5department?
6-------------------------------------------------------------
7    If a majority of the electors voting at that election vote
8in favor of the proposition, the county board may include the
9mental health program in the county health department and may,
10annually, levy the additional tax for mental health purposes.
11All mental health facilities provided shall be available to
12all citizens of the county, but the county health board may
13vary any charges for services according to ability to pay.
14    If the county is also subject to the Property Tax
15Extension Limitation Law, then the proposition shall also
16comply with the Property Tax Extension Limitation Law.
17Notwithstanding any provision of this Section, any referendum
18imposing an annual tax on or after January 1, 1994 and prior to
19the effective date of this amendatory Act of the 103rd General
20Assembly of this amendatory Act of the 102nd General Assembly
21that complies with this Section is hereby validated.
22    When the inclusion of a mental health program has been
23approved:
24    (a) To the extent practicable, at least one member of the
25County Board of Health, under Section 5-25012, shall be a
26person certified by The American Board of Psychiatry and

 

 

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1Neurology professionally engaged in the field of mental health
2and licensed to practice medicine in the State, unless there
3is no such qualified person in the county.
4    (b) The president or chairman of the county board of
5health shall appoint a mental health advisory board composed
6of not less than 9 nor more than 15 members who have special
7knowledge and interest in the field of mental health.
8Initially, 1/3 of the board members shall be appointed for
9terms of one year, 1/3 for 2 years and 1/3 for 3 years.
10Thereafter, all terms shall be for 3 years. This advisory
11board shall meet at least twice each year and provide counsel,
12direction and advice to the county board of health in the field
13of mental health.
14    (c) The county board may levy, in excess of the statutory
15limit and in addition to the taxes permitted under Sections
165-25003, 5-25004 and 5-25010, an additional annual tax of not
17more than .05% of the value, as equalized or assessed by the
18Department of Revenue, of all taxable property within the
19county which tax shall be levied and collected as provided in
20Section 5-25010 but held in the County Health Fund of the
21county treasury for use for mental health purposes. These
22funds may be used to provide care and treatment in public and
23private mental health facilities.
24    (d) When a mental health program has been included in a
25county health department pursuant to this Section, the county
26board may obtain the authority to levy a tax for mental health

 

 

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1purposes in addition to the tax authorized by the preceding
2paragraphs of this Section but not in excess of an additional
3.05% of the value, as equalized or assessed by the Department
4of Revenue, of all taxable property in the county by following
5the procedure set out in Section 5-25003 except that the
6proposition shall be in substantially the following form:
7----
8    Shall.... county levy, in excess
9of the statutory limit, an additional        YES
10annual tax of not to exceed .05% for    ---------------------
11use for mental health purposes by the        NO
12county health department?
13 --------------------------------------------------------
14    If the majority of all the votes cast on the proposition in
15the county is in favor thereof, the county board shall levy
16such tax annually. The levy and collection of this tax shall be
17as provided in Section 5-25010 but the tax shall be held in the
18County Health Fund of the county treasury for use, with that
19levied pursuant to paragraph (c), for mental health purposes.
20(Source: P.A. 102-839, eff. 5-13-22.)
 
21    Section 25. The Community Mental Health Act is amended by
22changing Sections 3a and 5 as follows:
 
23    (405 ILCS 20/3a)  (from Ch. 91 1/2, par. 303a)
24    (Text of Section before amendment by P.A. 103-274)

 

 

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1    Sec. 3a. Every governmental unit authorized to levy an
2annual tax under any of the provisions of this Act shall,
3before it may levy such tax, establish a 7 member community
4mental health board who shall administer this Act. Such board
5shall be appointed by the chairman of the governing body of a
6county, the mayor of a city, the president of a village, the
7president of an incorporated town, or the supervisor of a
8township, as the case may be, with the advice and consent of
9the governing body of such county, city, village, incorporated
10town or the town board of trustees of any township. Members of
11the community mental health board shall be residents of the
12government unit and, as nearly as possible, be representative
13of interested groups of the community such as local health
14departments, medical societies, local comprehensive health
15planning agencies, hospital boards, lay associations concerned
16with mental health, developmental disabilities and substance
17abuse, as well as the general public. Only one member shall be
18a member of the governing body. The chairman of the governing
19body may, upon the request of the community mental health
20board, appoint 2 additional members to the community mental
21health board. No member of the community mental health board
22may be a full-time or part-time employee of the Department of
23Human Services or a board member, employee or any other
24individual receiving compensation from any facility or service
25operating under contract to the board. If a successful
26referendum is held under Section 5 of this Act, all members of

 

 

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1such board shall be appointed within 60 days of the
2referendum. If a community mental health board has been
3established by a county with a population of less than 500,000
4and the community mental health board is funded in whole or in
5part by a special mental health sales tax described in
6paragraph (4) of subsection (a) of Section 5-1006.5 of the
7Counties Code, the largest municipality in the county with at
8least 125,000 residents may appoint 2 additional members to
9the board. The members shall be appointed by the mayor of the
10municipality with the advice and consent of the municipality's
11governing body.
12    Home rule units are exempt from this Act. However, they
13may, by ordinance, adopt the provisions of this Act, or any
14portion thereof, that they may deem advisable.
15    The tax rate set forth in Section 4 may be levied by any
16non-home rule unit only pursuant to the approval by the voters
17at a referendum. Such referendum may have been held at any time
18subsequent to the effective date of the Community Mental
19Health Act.
20(Source: P.A. 95-336, eff. 8-21-07.)
 
21    (Text of Section after amendment by P.A. 103-274)
22    Sec. 3a. Every governmental unit authorized to levy an
23annual tax under any of the provisions of this Act shall,
24before it may levy such tax, establish a 7 member community
25mental health board who shall administer this Act. Such board

 

 

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1shall be appointed by the chairman of the governing body of a
2county, the mayor of a city, the president of a village, the
3president of an incorporated town, or the supervisor of a
4township, as the case may be, with the advice and consent of
5the governing body of such county, city, village, incorporated
6town or the town board of trustees of any township. Members of
7the community mental health board shall be residents of the
8government unit and, as nearly as possible, be representative
9of interested groups of the community such as local health
10departments, medical societies, local comprehensive health
11planning agencies, hospital boards, lay associations concerned
12with mental health, developmental disabilities and substance
13abuse, as well as the general public. Only one member shall be
14a member of the governing body, with the term of membership on
15the board to run concurrently with the elected term of the
16member. The chairman of the governing body may, upon the
17request of the community mental health board, appoint 2
18additional members to the community mental health board. No
19member of the community mental health board may be a full-time
20or part-time employee of the Department of Human Services or a
21board member, employee or any other individual receiving
22compensation from any facility or service operating under
23contract to the board. If a successful referendum is held
24under Section 5 of this Act, all members of such board shall be
25appointed within 60 days after the local election authority
26certifies the passage of the referendum. If a community mental

 

 

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1health board has been established by a county with a
2population of less than 500,000 and the community mental
3health board is funded in whole or in part by a special mental
4health sales tax described in paragraph (4) of subsection (a)
5of Section 5-1006.5 of the Counties Code, the largest
6municipality in the county with at least 125,000 residents may
7appoint 2 additional members to the board. The members shall
8be appointed by the mayor of the municipality with the advice
9and consent of the municipality's governing body.
10    Home rule units are exempt from this Act. However, they
11may, by ordinance, adopt the provisions of this Act, or any
12portion thereof, that they may deem advisable.
13    The tax rate set forth in Section 4 may be levied by any
14non-home rule unit only pursuant to the approval by the voters
15at a referendum. Such referendum may have been held at any time
16subsequent to the effective date of the Community Mental
17Health Act.
18(Source: P.A. 103-274, eff. 1-1-24.)
 
19    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
20    (Text of Section before amendment by P.A. 103-274)
21    Sec. 5. (a) When the governing body of a governmental unit
22passes a resolution as provided in Section 4 asking that an
23annual tax may be levied for the purpose of providing such
24mental health facilities and services, including facilities
25and services for the person with a developmental disability or

 

 

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1a substance use disorder, in the community and so instructs
2the clerk of the governmental unit such clerk shall certify
3the proposition to the proper election officials for
4submission at a regular election in accordance with the
5general election law. The proposition shall be in the
6following form:
7----------------------------------------------
8    Shall............  (governmental
9unit) levy an annual tax of (not                    YES
10more than .15%) for the purpose of providing
11community mental health facilities and        ---------------
12services including facilities and services
13for persons  with a developmental                   NO
14disability or a substance use disorder?
15-------------------------------------------------------------
16    (a-5) If the governmental unit is also subject to the
17Property Tax Extension Limitation Law, then the proposition
18shall also comply with the Property Tax Extension Limitation
19Law. Notwithstanding any provision of this subsection, any
20referendum imposing an annual tax on or after January 1, 1994
21and prior to the effective date of this amendatory Act of the
22103rd General Assembly May 13, 2022 (the effective date of
23Public Act 102-839) that complies with subsection (a) is
24hereby validated.
25    (b) If a majority of all the votes cast upon the
26proposition are for the levy of such tax, the governing body of

 

 

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1such governmental unit shall thereafter annually levy a tax
2not to exceed the rate set forth in Section 4. Thereafter, the
3governing body shall in the annual appropriation bill
4appropriate from such funds such sum or sums of money as may be
5deemed necessary, based upon the community mental health
6board's budget, the board's annual mental health report, and
7the local mental health plan to defray necessary expenses and
8liabilities in providing for such community mental health
9facilities and services.
10    (c) If the governing body of a governmental unit levies a
11tax under Section 4 of this Act and the rate specified in the
12proposition under subsection (a) of this Section is less than
130.15%, then the governing body of the governmental unit may,
14upon referendum approval, increase that rate to not more than
150.15%. The governing body shall instruct the clerk of the
16governmental unit to certify the proposition to the proper
17election officials for submission at a regular election in
18accordance with the general election law. The proposition
19shall be in the following form:
20        "Shall the tax imposed by (governmental unit) for the
21    purpose of providing community mental health facilities
22    and services, including facilities and services for
23    persons with a developmental disability or substance use
24    disorder be increased to (not more than 0.15%)?"
25    If a majority of all the votes cast upon the proposition
26are for the increase of the tax, then the governing body of the

 

 

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1governmental unit may thereafter annually levy a tax not to
2exceed the rate set forth in the referendum question.
3(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
4103-154, eff. 6-30-23.)
 
5    (Text of Section after amendment by P.A. 103-274)
6    Sec. 5. (a) When the governing body of a governmental unit
7passes a resolution as provided in Section 4 asking that an
8annual tax may be levied for the purpose of providing such
9mental health facilities and services, including facilities
10and services for the person with a developmental disability or
11a substance use disorder, in the community and so instructs
12the clerk of the governmental unit such clerk shall certify
13the proposition to the proper election officials for
14submission at a regular election in accordance with the
15general election law. The proposition shall be in the
16following form:
17----------------------------------------------
18    Shall............  (governmental
19unit) levy an annual tax of (not                    YES
20more than .15%) for the purpose of providing
21community mental health facilities and        ---------------
22services including facilities and services
23for persons  with a developmental                   NO
24disability or a substance use disorder?
25-------------------------------------------------------------

 

 

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1    (a-5) If the governmental unit is also subject to the
2Property Tax Extension Limitation Law, then the proposition
3shall also comply with the Property Tax Extension Limitation
4Law. Notwithstanding any provision of this subsection, any
5referendum imposing an annual tax on or after January 1, 1994
6and prior to the effective date of this amendatory Act of the
7103rd General Assembly May 13, 2022 (the effective date of
8Public Act 102-839) that complies with subsection (a) is
9hereby validated.
10    (b) If a majority of all the votes cast upon the
11proposition are for the levy of such tax, the governing body of
12such governmental unit shall thereafter annually levy a tax
13not to exceed the rate set forth in Section 4. Thereafter, the
14governing body shall in the annual appropriation bill
15appropriate from such funds such sum or sums of money as may be
16deemed necessary by the community mental health board, based
17upon the community mental health board's budget, the board's
18annual mental health report, and the local mental health plan
19to defray necessary expenses and liabilities in providing for
20such community mental health facilities and services.
21    (c) If the governing body of a governmental unit levies a
22tax under Section 4 of this Act and the rate specified in the
23proposition under subsection (a) of this Section is less than
240.15%, then the governing body of the governmental unit may,
25upon referendum approval, increase that rate to not more than
260.15%. The governing body shall instruct the clerk of the

 

 

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1governmental unit to certify the proposition to the proper
2election officials for submission at a regular election in
3accordance with the general election law. The proposition
4shall be in the following form:
5        "Shall the tax imposed by (governmental unit) for the
6    purpose of providing community mental health facilities
7    and services, including facilities and services for
8    persons with a developmental disability or substance use
9    disorder be increased to (not more than 0.15%)?"
10    If a majority of all the votes cast upon the proposition
11are for the increase of the tax, then the governing body of the
12governmental unit may thereafter annually levy a tax not to
13exceed the rate set forth in the referendum question.
14(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
15103-154, eff. 6-30-23; 103-274, eff. 1-1-24.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.