(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
(Text of Section from P.A. 102-839)
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 to YES exceed .15% for the purpose of providing community mental health facilities and - - - - - - - - - - - - - - - -
services including facilities and services for the person 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 102nd General Assembly 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%)?"
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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.)
(Text of Section from P.A. 102-935)
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 YES
(not more than .15%)
for the purpose of providing
community mental health facilities and - - - - - - - - - - - - - - - -
services including facilities and services
for the person with a developmental NO
disability or a substance use disorder?
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(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
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| 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%)?"
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|
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. 102-935, eff. 7-1-22.)
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