Illinois General Assembly - Full Text of SB3215
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Full Text of SB3215  102nd General Assembly

SB3215enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3215 EnrolledLRB102 22326 HLH 31463 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 and on or before
9the effective date of this amendatory Act of the 102nd General
10Assembly, the provisions of the Truth in Taxation Law are
11subject to the Community Mental Health Act, Section 5-25025 of
12the Counties Code, the Community Care for Persons with
13Developmental Disabilities Act, and those referenda under
14those Acts authorizing and creating boards and levies. The
15purpose of this Section is to validate boards and levies
16created on or after January 1, 1994 and on or before the
17effective date of this amendatory Act of the 102nd General
18Assembly that relied on conflicting referenda language
19contained in the Community Mental Health Act, the Counties
20Code, and the Community Care for Persons with Developmental
21Disabilities Act.
 
22    Section 10. The Community Care for Persons with

 

 

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

 

 

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1    intellectual or developmental disabilities and who are not
2    eligible to participate in any program provided under
3    Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
4    including contracting for those facilities or services
5    with any privately or publicly operated entity that
6    provides those facilities or services either in or out of
7    (governmental unit)?
8    (b) If a majority of the votes cast upon the proposition
9are in favor thereof, such tax levy shall be authorized and the
10governmental unit shall levy a tax not to exceed the rate set
11forth in Section 1 of this Act.
12    (c) If the governmental unit is also subject to the
13Property Tax Extension Limitation Law, then the proposition
14shall also comply with the Property Tax Extension Limitation
15Law. Notwithstanding any provision of this subsection, any
16referendum imposing an annual tax on or after January 1, 1994
17and prior to the effective date of this amendatory Act of the
18102nd General Assembly that complies with this Section is
19hereby validated.
20(Source: P.A. 99-143, eff. 7-27-15; 100-1129, eff. 1-1-19.)
 
21    Section 15. The Counties Code is amended by changing
22Section 5-25025 as follows:
 
23    (55 ILCS 5/5-25025)  (from Ch. 34, par. 5-25025)
24    Sec. 5-25025. Mental health program. If the county board

 

 

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1of any county having a population of less than 1,000,000
2inhabitants and maintaining a county health department under
3this Division desires the inclusion of a mental health program
4in that county health department and the authority to levy the
5tax provided for in subsection (c) of this Section, the county
6board shall certify that question to the proper election
7officials, who shall submit the proposition at an election in
8accordance with the general election law. The proposition
9shall be in substantially the following form:
10-------------------------------------------------------------
11    Shall ...........County include
12a mental health program in the                YES
13county health department, and
14levy an annual tax of not to exceed    ----------------------
15.05% of the value of all taxable
16property for use for mental health
17purposes by the county health                  NO
18department?
19-------------------------------------------------------------
20    If a majority of the electors voting at that election vote
21in favor of the proposition, the county board may include the
22mental health program in the county health department and may,
23annually, levy the additional tax for mental health purposes.
24All mental health facilities provided shall be available to
25all citizens of the county, but the county health board may
26vary any charges for services according to ability to pay.

 

 

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

 

 

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1limit and in addition to the taxes permitted under Sections
25-25003, 5-25004 and 5-25010, an additional annual tax of not
3more than .05% of the value, as equalized or assessed by the
4Department of Revenue, of all taxable property within the
5county which tax shall be levied and collected as provided in
6Section 5-25010 but held in the County Health Fund of the
7county treasury for use for mental health purposes. These
8funds may be used to provide care and treatment in public and
9private mental health facilities.
10    (d) When a mental health program has been included in a
11county health department pursuant to this Section, the county
12board may obtain the authority to levy a tax for mental health
13purposes in addition to the tax authorized by the preceding
14paragraphs of this Section but not in excess of an additional
15.05% of the value, as equalized or assessed by the Department
16of Revenue, of all taxable property in the county by following
17the procedure set out in Section 5-25003 except that the
18proposition shall be in substantially the following form:
19-------------------------------------------------------------
20    Shall.... county levy, in excess
21of the statutory limit, an additional        YES
22annual tax of not to exceed .05% for    ---------------------
23use for mental health purposes by the        NO
24county health department?
25 ------------------------------------------------------------
26    If the majority of all the votes cast on the proposition in

 

 

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

 

 

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1community mental health facilities and        ---------------
2services including facilities and services
3for the person with a developmental              NO
4disability or a substance use disorder?
5-------------------------------------------------------------
6    (a-5) If the governmental unit is also subject to the
7Property Tax Extension Limitation Law, then the proposition
8shall also comply with the Property Tax Extension Limitation
9Law. Notwithstanding any provision of this subsection, any
10referendum imposing an annual tax on or after January 1, 1994
11and prior to the effective date of this amendatory Act of the
12102nd General Assembly that complies with subsection (a) is
13hereby validated.
14    (b) If a majority of all the votes cast upon the
15proposition are for the levy of such tax, the governing body of
16such governmental unit shall thereafter annually levy a tax
17not to exceed the rate set forth in Section 4. Thereafter, the
18governing body shall in the annual appropriation bill
19appropriate from such funds such sum or sums of money as may be
20deemed necessary, based upon the community mental health
21board's budget, the board's annual mental health report, and
22the local mental health plan to defray necessary expenses and
23liabilities in providing for such community mental health
24facilities and services.
25    (c) If the governing body of a governmental unit levies a
26tax under Section 4 of this Act and the rate specified in the

 

 

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1proposition under subsection (a) of this Section is less than
20.15%, then the governing body of the governmental unit may,
3upon referendum approval, increase that rate to not more than
40.15%. The governing body shall instruct the clerk of the
5governmental unit to certify the proposition to the proper
6election officials for submission at a regular election in
7accordance with the general election law. The proposition
8shall be in the following form:
9        "Shall the tax imposed by (governmental unit) for the
10    purpose of providing community mental health facilities
11    and services, including facilities and services for
12    persons with a developmental disability or substance use
13    disorder be increased to (not more than 0.15%)?"
14    If a majority of all the votes cast upon the proposition
15are for the increase of the tax, then the governing body of the
16governmental unit may thereafter annually levy a tax not to
17exceed the rate set forth in the referendum question.
18(Source: P.A. 95-336, eff. 8-21-07; 96-764, eff. 8-25-09.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.