Public Act 0935 102ND GENERAL ASSEMBLY
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Public Act 102-0935
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| HB4452 Enrolled | LRB102 23528 AWJ 32710 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Community Mental Health Act is amended by |
changing Section 5 as follows:
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(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
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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:
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Shall............ (governmental
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unit) levy an annual tax of not to YES
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(not more than .15%) exceed .15%
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for the purpose of providing
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community mental health facilities and ---------------
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services including facilities and services
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for the person with a developmental NO
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disability or a substance use disorder?
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(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
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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.
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(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%)?" |
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.)
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Section 99. Effective date. This Act takes effect July 1, |
2022.
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