Public Act 102-0935
 
HB4452 EnrolledLRB102 23528 AWJ 32710 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 Community Mental Health Act is amended by
changing Section 5 as follows:
 
    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
    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
(not more than .15%) 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?
-------------------------------------------------------------
    (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. 95-336, eff. 8-21-07; 96-764, eff. 8-25-09.)
 
    Section 99. Effective date. This Act takes effect July 1,
2022.