Public Act 102-0935
 
HB4452 EnrolledLRB102 23528 AWJ 32710 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 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

(not more than .15%) 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?

-------------------------------------------------------------

    (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 July 1, 
2022.