Sen. Bill Cunningham
Filed: 11/19/2024
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1 | AMENDMENT TO HOUSE BILL 4224 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4224, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Section 5. The Election Code is amended by changing | ||||||
6 | Section 28-1 as follows: | ||||||
7 | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) | ||||||
8 | Sec. 28-1. The initiation and submission of all public | ||||||
9 | questions to be voted upon by the electors of the State or of | ||||||
10 | any political subdivision or district or precinct or | ||||||
11 | combination of precincts shall be subject to the provisions of | ||||||
12 | this Article. | ||||||
13 | Questions of public policy which have any legal effect | ||||||
14 | shall be submitted to referendum only as authorized by a | ||||||
15 | statute which so provides or by the Constitution. Advisory | ||||||
16 | questions of public policy shall be submitted to referendum |
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1 | pursuant to Section 28-5 or pursuant to a statute which so | ||||||
2 | provides. | ||||||
3 | The method of initiating the submission of a public | ||||||
4 | question shall be as provided by the statute authorizing such | ||||||
5 | public question, or as provided by the Constitution. | ||||||
6 | All public questions shall be initiated, submitted and | ||||||
7 | printed on the ballot in the form required by Section 16-7 of | ||||||
8 | this Act, except as may otherwise be specified in the statute | ||||||
9 | authorizing a public question. | ||||||
10 | Whenever a statute provides for the initiation of a public | ||||||
11 | question by a petition of electors, the provisions of such | ||||||
12 | statute shall govern with respect to the number of signatures | ||||||
13 | required, the qualifications of persons entitled to sign the | ||||||
14 | petition, the contents of the petition, the officer with whom | ||||||
15 | the petition must be filed, and the form of the question to be | ||||||
16 | submitted. If such statute does not specify any of the | ||||||
17 | foregoing petition requirements, the corresponding petition | ||||||
18 | requirements of Section 28-6 shall govern such petition. | ||||||
19 | Irrespective of the method of initiation, not more than 3 | ||||||
20 | public questions other than (a) back door referenda, (b) | ||||||
21 | referenda to determine whether a disconnection may take place | ||||||
22 | where a city coterminous with a township is proposing to annex | ||||||
23 | territory from an adjacent township, (c) referenda held under | ||||||
24 | the provisions of the Property Tax Extension Limitation Law in | ||||||
25 | the Property Tax Code, (d) referenda held under Section 2-3002 | ||||||
26 | of the Counties Code, or (e) referenda held under Article 22, |
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1 | 23, or 29 of the Township Code may be submitted to referendum | ||||||
2 | with respect to a political subdivision at the same election. | ||||||
3 | If more than 3 propositions are timely initiated or | ||||||
4 | certified for submission at an election with respect to a | ||||||
5 | political subdivision, the first 3 validly initiated, by the | ||||||
6 | filing of a petition or by the adoption of a resolution or | ||||||
7 | ordinance of a political subdivision, as the case may be, | ||||||
8 | shall be printed on the ballot and submitted at that election. | ||||||
9 | However, except as expressly authorized by law not more than | ||||||
10 | one proposition to change the form of government of a | ||||||
11 | municipality pursuant to Article VII of the Constitution may | ||||||
12 | be submitted at an election. If more than one such proposition | ||||||
13 | is timely initiated or certified for submission at an election | ||||||
14 | with respect to a municipality, the first validly initiated | ||||||
15 | shall be the one printed on the ballot and submitted at that | ||||||
16 | election. | ||||||
17 | No public question shall be submitted to the voters of a | ||||||
18 | political subdivision at any regularly scheduled election at | ||||||
19 | which such voters are not scheduled to cast votes for any | ||||||
20 | candidates for nomination for, election to or retention in | ||||||
21 | public office, except that if, in any existing or proposed | ||||||
22 | political subdivision in which the submission of a public | ||||||
23 | question at a regularly scheduled election is desired, the | ||||||
24 | voters of only a portion of such existing or proposed | ||||||
25 | political subdivision are not scheduled to cast votes for | ||||||
26 | nomination for, election to or retention in public office at |
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1 | such election, but the voters in one or more other portions of | ||||||
2 | such existing or proposed political subdivision are scheduled | ||||||
3 | to cast votes for nomination for, election to or retention in | ||||||
4 | public office at such election, the public question shall be | ||||||
5 | voted upon by all the qualified voters of the entire existing | ||||||
6 | or proposed political subdivision at the election. | ||||||
7 | Not more than 3 advisory public questions may be submitted | ||||||
8 | to the voters of the entire state at a general election. If | ||||||
9 | more than 3 such advisory propositions are initiated, the | ||||||
10 | first 3 timely and validly initiated shall be the questions | ||||||
11 | printed on the ballot and submitted at that election; provided | ||||||
12 | however, that a question for a proposed amendment to Article | ||||||
13 | IV of the Constitution pursuant to Section 3, Article XIV of | ||||||
14 | the Constitution, or for a question submitted under the | ||||||
15 | Property Tax Cap Referendum Law, shall not be included in the | ||||||
16 | foregoing limitation. | ||||||
17 | Notwithstanding any other provision of law, a community | ||||||
18 | mental health public question may not be placed on the 2024 | ||||||
19 | primary or general election ballot or on the 2025 consolidated | ||||||
20 | election ballots in the same township where a community mental | ||||||
21 | health public question was approved on the 2022 general | ||||||
22 | election ballot. | ||||||
23 | (Source: P.A. 103-565, eff. 11-17-23.) | ||||||
24 | Section 10. The Property Tax Code is amended by changing | ||||||
25 | Sections 15-125 and 18-103 and by adding Section 18-184.21 as |
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1 | follows: | ||||||
2 | (35 ILCS 200/15-125) | ||||||
3 | Sec. 15-125. Parking areas. | ||||||
4 | (a) Parking areas, not leased or used for profit other | ||||||
5 | than those lease or rental agreements subject to subsection | ||||||
6 | (b) of this Section, when used as a part of a use for which an | ||||||
7 | exemption is provided by this Code and owned by any school | ||||||
8 | district, non-profit hospital, school, or religious or | ||||||
9 | charitable institution which meets the qualifications for | ||||||
10 | exemption, are exempt. | ||||||
11 | (b) Parking areas owned by any religious institution that | ||||||
12 | meets the qualifications for exemption, when leased or rented | ||||||
13 | to a mass transportation entity for the limited free parking | ||||||
14 | of the commuters of the mass transportation entity, are | ||||||
15 | exempt. | ||||||
16 | (c) Parking areas owned by any religious institution that | ||||||
17 | meets the qualifications for exemption, when leased or rented | ||||||
18 | to a municipality for the purpose of providing free public | ||||||
19 | parking, are exempt, so long as the lease is for no more than | ||||||
20 | nominal consideration. For purposes of this Section, | ||||||
21 | maintenance and insurance of the parking areas by the | ||||||
22 | municipality shall be considered nominal consideration. | ||||||
23 | (d) Parking areas that are owned by a non-profit trust | ||||||
24 | fund, a non-profit labor union, or a 501(c)(2) entity | ||||||
25 | controlled by a non-profit trust fund or non-profit labor |
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1 | union and that are used primarily for parking for an | ||||||
2 | educational trade school described in Section 15-37 are | ||||||
3 | exempt. | ||||||
4 | (Source: P.A. 100-455, eff. 8-25-17.) | ||||||
5 | (35 ILCS 200/18-103) | ||||||
6 | Sec. 18-103. General Community Mental Health Act | ||||||
7 | Validation Law. On and after January 1, 1994 and on or before | ||||||
8 | the effective date of this amendatory Act of the 103rd General | ||||||
9 | Assembly the effective date of this amendatory Act of the | ||||||
10 | 103rd General Assembly , the provisions of the Truth in | ||||||
11 | Taxation Law are subject to the Community Mental Health Act, | ||||||
12 | Section 5-25025 of the Counties Code, the Community Care for | ||||||
13 | Persons with Developmental Disabilities Act, and those | ||||||
14 | referenda under those Acts authorizing and creating boards and | ||||||
15 | levies. The purpose of this Section is to validate boards and | ||||||
16 | levies created on or after January 1, 1994 and on or before the | ||||||
17 | effective date of this amendatory Act of the 103rd General | ||||||
18 | Assembly the effective date of this amendatory Act of the | ||||||
19 | 103rd General Assembly that relied on conflicting referenda | ||||||
20 | language contained in the Community Mental Health Act, the | ||||||
21 | Counties Code, and the Community Care for Persons with | ||||||
22 | Developmental Disabilities Act. | ||||||
23 | (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.) | ||||||
24 | (35 ILCS 200/18-184.21 new) |
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1 | Sec. 18-184.21. Special service area; tax increment | ||||||
2 | allocation redevelopment project area abatement. | ||||||
3 | (a) In counties with 3,000,000 or more inhabitants, a | ||||||
4 | non-home rule municipality may, by ordinance, order the county | ||||||
5 | clerk to retroactively abate any portion of its tax year 2023 | ||||||
6 | property taxes on property that is within the municipality and | ||||||
7 | that is also located within a special service area and a | ||||||
8 | redevelopment project area created pursuant to the Tax | ||||||
9 | Increment Allocation Redevelopment Act if the following | ||||||
10 | requirements are met: | ||||||
11 | (1) the special service area consists of a single tax | ||||||
12 | parcel; | ||||||
13 | (2) the non-home rule municipality has, at any time, | ||||||
14 | adopted an abatement ordinance covering the property for | ||||||
15 | the 2023 tax levy; and | ||||||
16 | (3) the county clerk extended taxes against the | ||||||
17 | property for tax year 2023 that are collectable in 2024. | ||||||
18 | (b) The county clerk shall reextend the 2023 rate against | ||||||
19 | the property pursuant to the abatement ordinance described in | ||||||
20 | this Section and shall issue the reextended rate to the county | ||||||
21 | treasurer. | ||||||
22 | (c) Notwithstanding the provisions of Section 21-25, the | ||||||
23 | county treasurer shall reissue a revised tax bill for the | ||||||
24 | property pursuant to subsection (b), and penalties and | ||||||
25 | interest shall be waived for a period of 30 days from the time | ||||||
26 | the county treasurer reissues the revised tax bill. |
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1 | (d) This Section is repealed on January 1, 2026. | ||||||
2 | Section 15. The Community Care for Persons with | ||||||
3 | Developmental Disabilities Act is amended by changing Section | ||||||
4 | 1.2 as follows: | ||||||
5 | (50 ILCS 835/1.2) (was 55 ILCS 105/1.2) | ||||||
6 | Sec. 1.2. Petition for submission to referendum by | ||||||
7 | electors. | ||||||
8 | (a) Whenever a petition for submission to referendum by | ||||||
9 | the electors which requests the establishment and maintenance | ||||||
10 | of facilities or services for the benefit of its residents | ||||||
11 | with a developmental disability and the levy of an annual tax | ||||||
12 | not to exceed 0.1% upon all the taxable property in the | ||||||
13 | governmental unit at the value thereof, as equalized or | ||||||
14 | assessed by the Department of Revenue, is signed by electors | ||||||
15 | of the governmental unit equal in number to at least 10% of the | ||||||
16 | total votes cast for the office that received the greatest | ||||||
17 | total number of votes at the last preceding general election | ||||||
18 | of the governmental unit and is presented to the county clerk, | ||||||
19 | the clerk shall certify the proposition to the proper election | ||||||
20 | authorities for submission at the governmental unit's next | ||||||
21 | general election. The proposition shall be in substantially | ||||||
22 | the following form: | ||||||
23 | Shall (governmental unit) levy an annual tax not to | ||||||
24 | exceed 0.1% upon the equalized assessed value of all |
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1 | taxable property in (governmental unit) for the purposes | ||||||
2 | of establishing and maintaining facilities or services for | ||||||
3 | the benefit of its residents who are persons with | ||||||
4 | intellectual or developmental disabilities and who are not | ||||||
5 | eligible to participate in any program provided under | ||||||
6 | Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq., | ||||||
7 | including contracting for those facilities or services | ||||||
8 | with any privately or publicly operated entity that | ||||||
9 | provides those facilities or services either in or out of | ||||||
10 | (governmental unit)? | ||||||
11 | (b) If a majority of the votes cast upon the proposition | ||||||
12 | are in favor thereof, such tax levy shall be authorized and the | ||||||
13 | governmental unit shall levy a tax not to exceed the rate set | ||||||
14 | forth in Section 1 of this Act. | ||||||
15 | (c) If the governmental unit is also subject to the | ||||||
16 | Property Tax Extension Limitation Law, then the proposition | ||||||
17 | shall also comply with the Property Tax Extension Limitation | ||||||
18 | Law. Notwithstanding any provision of this subsection, any | ||||||
19 | referendum imposing an annual tax on or after January 1, 1994 | ||||||
20 | and prior to the effective date of this amendatory Act of the | ||||||
21 | 103rd General Assembly the effective date of this amendatory | ||||||
22 | Act of the 103rd General Assembly that complies with this | ||||||
23 | Section is hereby validated. | ||||||
24 | (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.) | ||||||
25 | Section 20. The Counties Code is amended by changing |
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1 | Section 5-25025 as follows: | ||||||
2 | (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) | ||||||
3 | Sec. 5-25025. Mental health program. If the county board | ||||||
4 | of any county having a population of less than 1,000,000 | ||||||
5 | inhabitants and maintaining a county health department under | ||||||
6 | this Division desires the inclusion of a mental health program | ||||||
7 | in that county health department and the authority to levy the | ||||||
8 | tax provided for in subsection (c) of this Section, the county | ||||||
9 | board shall certify that question to the proper election | ||||||
10 | officials, who shall submit the proposition at an election in | ||||||
11 | accordance with the general election law. The proposition | ||||||
12 | shall be in substantially the following form: | ||||||
13 | ----------------
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14 | Shall ...........County include
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15 | a mental health program in the YES
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16 | county health department, and
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17 | levy an annual tax of not to exceed ----------------------
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18 | .05% of the value of all taxable
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19 | property for use for mental health
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20 | purposes by the county health NO
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21 | department?
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22 | ------------------------------------------------------------- | ||||||
23 | If a majority of the electors voting at that election vote | ||||||
24 | in favor of the proposition, the county board may include the | ||||||
25 | mental health program in the county health department and may, |
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1 | annually, levy the additional tax for mental health purposes. | ||||||
2 | All mental health facilities provided shall be available to | ||||||
3 | all citizens of the county, but the county health board may | ||||||
4 | vary any charges for services according to ability to pay. | ||||||
5 | If the county is also subject to the Property Tax | ||||||
6 | Extension Limitation Law, then the proposition shall also | ||||||
7 | comply with the Property Tax Extension Limitation Law. | ||||||
8 | Notwithstanding any provision of this Section, any referendum | ||||||
9 | imposing an annual tax on or after January 1, 1994 and prior to | ||||||
10 | the effective date of this amendatory Act of the 103rd General | ||||||
11 | Assembly the effective date of this amendatory Act of the | ||||||
12 | 103rd General Assembly that complies with this Section is | ||||||
13 | hereby validated. | ||||||
14 | When the inclusion of a mental health program has been | ||||||
15 | approved: | ||||||
16 | (a) To the extent practicable, at least one member of the | ||||||
17 | County Board of Health, under Section 5-25012, shall be a | ||||||
18 | person certified by The American Board of Psychiatry and | ||||||
19 | Neurology professionally engaged in the field of mental health | ||||||
20 | and licensed to practice medicine in the State, unless there | ||||||
21 | is no such qualified person in the county. | ||||||
22 | (b) The president or chairman of the county board of | ||||||
23 | health shall appoint a mental health advisory board composed | ||||||
24 | of not less than 9 nor more than 15 members who have special | ||||||
25 | knowledge and interest in the field of mental health. | ||||||
26 | Initially, 1/3 of the board members shall be appointed for |
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1 | terms of one year, 1/3 for 2 years and 1/3 for 3 years. | ||||||
2 | Thereafter, all terms shall be for 3 years. This advisory | ||||||
3 | board shall meet at least twice each year and provide counsel, | ||||||
4 | direction and advice to the county board of health in the field | ||||||
5 | of mental health. | ||||||
6 | (c) The county board may levy, in excess of the statutory | ||||||
7 | limit and in addition to the taxes permitted under Sections | ||||||
8 | 5-25003, 5-25004 and 5-25010, an additional annual tax of not | ||||||
9 | more than .05% of the value, as equalized or assessed by the | ||||||
10 | Department of Revenue, of all taxable property within the | ||||||
11 | county which tax shall be levied and collected as provided in | ||||||
12 | Section 5-25010 but held in the County Health Fund of the | ||||||
13 | county treasury for use for mental health purposes. These | ||||||
14 | funds may be used to provide care and treatment in public and | ||||||
15 | private mental health facilities. | ||||||
16 | (d) When a mental health program has been included in a | ||||||
17 | county health department pursuant to this Section, the county | ||||||
18 | board may obtain the authority to levy a tax for mental health | ||||||
19 | purposes in addition to the tax authorized by the preceding | ||||||
20 | paragraphs of this Section but not in excess of an additional | ||||||
21 | .05% of the value, as equalized or assessed by the Department | ||||||
22 | of Revenue, of all taxable property in the county by following | ||||||
23 | the procedure set out in Section 5-25003 except that the | ||||||
24 | proposition shall be in substantially the following form: | ||||||
25 | ----
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26 | Shall.... county levy, in excess
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1 | of the statutory limit, an additional YES
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2 | annual tax of not to exceed .05% for ---------------------
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3 | use for mental health purposes by the NO
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4 | county health department?
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5 | -------------------------------------------------------- | ||||||
6 | If the majority of all the votes cast on the proposition in | ||||||
7 | the county is in favor thereof, the county board shall levy | ||||||
8 | such tax annually. The levy and collection of this tax shall be | ||||||
9 | as provided in Section 5-25010 but the tax shall be held in the | ||||||
10 | County Health Fund of the county treasury for use, with that | ||||||
11 | levied pursuant to paragraph (c), for mental health purposes. | ||||||
12 | (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.) | ||||||
13 | Section 30. The Community Mental Health Act is amended by | ||||||
14 | changing Section 7 as follows: | ||||||
15 | (405 ILCS 20/7) (from Ch. 91 1/2, par. 307) | ||||||
16 | Sec. 7. When the petition provided for in Section 6 is | ||||||
17 | presented to the clerk of the governmental unit requesting the | ||||||
18 | establishment and maintenance of such mental health facilities | ||||||
19 | and services for residents of the community and the levy of | ||||||
20 | such an annual tax therefor, the clerk of the governmental | ||||||
21 | unit shall certify to the proper election officials the | ||||||
22 | proposition for the levy of such tax which shall be submitted | ||||||
23 | at a regular election in accordance with the general election | ||||||
24 | law. The proposition shall be in substantially the following |
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1 | form: | ||||||
2 | --------------------------------------------------------
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3 | Shall....................
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4 | (governmental unit) establish and
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5 | maintain community mental health YES
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6 | facilities and services including
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7 | facilities and services for the ----------------------
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8 | person with a developmental
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9 | disability or a substance NO
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10 | use disorder and levy therefor an
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11 | annual tax of not to exceed .15%?
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12 | ------------------------------------------------------------- | ||||||
13 | In addition to certification of the question, the clerk of | ||||||
14 | the governmental unit shall prepare and submit to the proper | ||||||
15 | elected officials the following language which shall have | ||||||
16 | printed thereon, but not as part of the proposition submitted, | ||||||
17 | only the following supplemental information (which shall be | ||||||
18 | supplied to the election authority by the taxing district) in | ||||||
19 | substantially the following form: | ||||||
20 | (1) The approximate amount of taxes extendable at the | ||||||
21 | most recently extended limiting rate is $...., and the | ||||||
22 | approximate amount of taxes extendable if the proposition | ||||||
23 | is approved is $.... | ||||||
24 | (2) For the .... (insert the first levy year for which | ||||||
25 | the new rate or increase limiting rate will be applicable) | ||||||
26 | levy year the approximate amount of the additional tax |
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1 | extendable against property containing a single family | ||||||
2 | residence and having a fair market value at the time of the | ||||||
3 | referendum of $100,000 is estimated to be $.... | ||||||
4 | If a proposition contains the language in substantially | ||||||
5 | the form provided in paragraphs (1) and (2), the referendum is | ||||||
6 | valid notwithstanding any other provision of the law. | ||||||
7 | Notwithstanding any provision of this Section, any referendum | ||||||
8 | imposing an annual tax on or after January 1, 1994 and prior to | ||||||
9 | the effective date of this amendatory Act of the 103rd General | ||||||
10 | Assembly that complies with this Section is hereby validated. | ||||||
11 | If a majority of all the votes cast upon the proposition | ||||||
12 | are in favor thereof, the governing body of such governmental | ||||||
13 | unit shall establish and maintain such community mental health | ||||||
14 | facilities and services and shall annually levy such tax. | ||||||
15 | Thereafter, the governing body shall in the annual | ||||||
16 | appropriation bill appropriate from such funds such sum or | ||||||
17 | sums of money as may be deemed necessary, based upon the | ||||||
18 | community mental health board's budget, the board's annual | ||||||
19 | mental health report, and the board's plan to defray necessary | ||||||
20 | expenses and liabilities in providing for such community | ||||||
21 | mental health facilities and services. | ||||||
22 | Nothing in this Section prevents a governmental unit from | ||||||
23 | levying less than the amount approved by the voters via | ||||||
24 | referendum in any given year or varying the amount levied from | ||||||
25 | year to year as approved by the governmental unit. | ||||||
26 | (Source: P.A. 103-592, eff. 6-7-24.) |
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.". |