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Public Act 102-0839


 

Public Act 0839 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0839
 
SB3215 EnrolledLRB102 22326 HLH 31463 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 Property Tax Code is amended by adding
Section 18-103 as follows:
 
    (35 ILCS 200/18-103 new)
    Sec. 18-103. General Community Mental Health Act
Validation Law. On and after January 1, 1994 and on or before
the effective date of this amendatory Act of the 102nd General
Assembly, the provisions of the Truth in Taxation Law are
subject to the Community Mental Health Act, Section 5-25025 of
the Counties Code, the Community Care for Persons with
Developmental Disabilities Act, and those referenda under
those Acts authorizing and creating boards and levies. The
purpose of this Section is to validate boards and levies
created on or after January 1, 1994 and on or before the
effective date of this amendatory Act of the 102nd General
Assembly that relied on conflicting referenda language
contained in the Community Mental Health Act, the Counties
Code, and the Community Care for Persons with Developmental
Disabilities Act.
 
    Section 10. The Community Care for Persons with
Developmental Disabilities Act is amended by changing Section
1.2 as follows:
 
    (50 ILCS 835/1.2)  (was 55 ILCS 105/1.2)
    Sec. 1.2. Petition for submission to referendum by
electors.
    (a) Whenever a petition for submission to referendum by
the electors which requests the establishment and maintenance
of facilities or services for the benefit of its residents
with a developmental disability and the levy of an annual tax
not to exceed 0.1% upon all the taxable property in the
governmental unit at the value thereof, as equalized or
assessed by the Department of Revenue, is signed by electors
of the governmental unit equal in number to at least 10% of the
total votes cast for the office that received the greatest
total number of votes at the last preceding general election
of the governmental unit and is presented to the county clerk,
the clerk shall certify the proposition to the proper election
authorities for submission at the governmental unit's next
general election. The proposition shall be in substantially
the following form:
        Shall (governmental unit) levy an annual tax not to
    exceed 0.1% upon the equalized assessed value of all
    taxable property in (governmental unit) for the purposes
    of establishing and maintaining facilities or services for
    the benefit of its residents who are persons with
    intellectual or developmental disabilities and who are not
    eligible to participate in any program provided under
    Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
    including contracting for those facilities or services
    with any privately or publicly operated entity that
    provides those facilities or services either in or out of
    (governmental unit)?
    (b) If a majority of the votes cast upon the proposition
are in favor thereof, such tax levy shall be authorized and the
governmental unit shall levy a tax not to exceed the rate set
forth in Section 1 of this Act.
    (c) 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 this Section is
hereby validated.
(Source: P.A. 99-143, eff. 7-27-15; 100-1129, eff. 1-1-19.)
 
    Section 15. The Counties Code is amended by changing
Section 5-25025 as follows:
 
    (55 ILCS 5/5-25025)  (from Ch. 34, par. 5-25025)
    Sec. 5-25025. Mental health program. If the county board
of any county having a population of less than 1,000,000
inhabitants and maintaining a county health department under
this Division desires the inclusion of a mental health program
in that county health department and the authority to levy the
tax provided for in subsection (c) of this Section, the county
board shall certify that question to the proper election
officials, who shall submit the proposition at an election in
accordance with the general election law. The proposition
shall be in substantially the following form:
-------------------------------------------------------------
    Shall ...........County include
a mental health program in the                YES
county health department, and
levy an annual tax of not to exceed    ----------------------
.05% of the value of all taxable
property for use for mental health
purposes by the county health                  NO
department?
-------------------------------------------------------------
    If a majority of the electors voting at that election vote
in favor of the proposition, the county board may include the
mental health program in the county health department and may,
annually, levy the additional tax for mental health purposes.
All mental health facilities provided shall be available to
all citizens of the county, but the county health board may
vary any charges for services according to ability to pay.
    If the county 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 Section, 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 this Section is hereby validated.
    When the inclusion of a mental health program has been
approved:
    (a) To the extent practicable, at least one member of the
County Board of Health, under Section 5-25012, shall be a
person certified by The American Board of Psychiatry and
Neurology professionally engaged in the field of mental health
and licensed to practice medicine in the State, unless there
is no such qualified person in the county.
    (b) The president or chairman of the county board of
health shall appoint a mental health advisory board composed
of not less than 9 nor more than 15 members who have special
knowledge and interest in the field of mental health.
Initially, 1/3 of the board members shall be appointed for
terms of one year, 1/3 for 2 years and 1/3 for 3 years.
Thereafter, all terms shall be for 3 years. This advisory
board shall meet at least twice each year and provide counsel,
direction and advice to the county board of health in the field
of mental health.
    (c) The county board may levy, in excess of the statutory
limit and in addition to the taxes permitted under Sections
5-25003, 5-25004 and 5-25010, an additional annual tax of not
more than .05% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property within the
county which tax shall be levied and collected as provided in
Section 5-25010 but held in the County Health Fund of the
county treasury for use for mental health purposes. These
funds may be used to provide care and treatment in public and
private mental health facilities.
    (d) When a mental health program has been included in a
county health department pursuant to this Section, the county
board may obtain the authority to levy a tax for mental health
purposes in addition to the tax authorized by the preceding
paragraphs of this Section but not in excess of an additional
.05% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property in the county by following
the procedure set out in Section 5-25003 except that the
proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall.... county levy, in excess
of the statutory limit, an additional        YES
annual tax of not to exceed .05% for    ---------------------
use for mental health purposes by the        NO
county health department?
 ------------------------------------------------------------
    If the majority of all the votes cast on the proposition in
the county is in favor thereof, the county board shall levy
such tax annually. The levy and collection of this tax shall be
as provided in Section 5-25010 but the tax shall be held in the
County Health Fund of the county treasury for use, with that
levied pursuant to paragraph (c), for mental health purposes.
(Source: P.A. 86-962; 86-1028.)
 
    Section 20. 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
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%)?"
    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 upon
becoming law.

Effective Date: 5/13/2022