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.