HB4452 EnrolledLRB102 23528 AWJ 32710 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 Community Mental Health Act is amended by
5changing Section 5 as follows:
6    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
7    Sec. 5. (a) When the governing body of a governmental unit
8passes a resolution as provided in Section 4 asking that an
9annual tax may be levied for the purpose of providing such
10mental health facilities and services, including facilities
11and services for the person with a developmental disability or
12a substance use disorder, in the community and so instructs
13the clerk of the governmental unit such clerk shall certify
14the proposition to the proper election officials for
15submission at a regular election in accordance with the
16general election law. The proposition shall be in the
17following form:
19    Shall............  (governmental
20unit) levy an annual tax of not to               YES
21(not more than .15%) exceed .15%
22for the purpose of providing
23community mental health facilities and        ---------------



HB4452 Enrolled- 2 -LRB102 23528 AWJ 32710 b

1services including facilities and services
2for the person with a developmental              NO
3disability or a substance use disorder?
5    (b) If a majority of all the votes cast upon the
6proposition are for the levy of such tax, the governing body of
7such governmental unit shall thereafter annually levy a tax
8not to exceed the rate set forth in Section 4. Thereafter, the
9governing body shall in the annual appropriation bill
10appropriate from such funds such sum or sums of money as may be
11deemed necessary, based upon the community mental health
12board's budget, the board's annual mental health report, and
13the local mental health plan to defray necessary expenses and
14liabilities in providing for such community mental health
15facilities and services.
16    (c) If the governing body of a governmental unit levies a
17tax under Section 4 of this Act and the rate specified in the
18proposition under subsection (a) of this Section is less than
190.15%, then the governing body of the governmental unit may,
20upon referendum approval, increase that rate to not more than
210.15%. The governing body shall instruct the clerk of the
22governmental unit to certify the proposition to the proper
23election officials for submission at a regular election in
24accordance with the general election law. The proposition
25shall be in the following form:
26        "Shall the tax imposed by (governmental unit) for the



HB4452 Enrolled- 3 -LRB102 23528 AWJ 32710 b

1    purpose of providing community mental health facilities
2    and services, including facilities and services for
3    persons with a developmental disability or substance use
4    disorder be increased to (not more than 0.15%)?"
5    If a majority of all the votes cast upon the proposition
6are for the increase of the tax, then the governing body of the
7governmental unit may thereafter annually levy a tax not to
8exceed the rate set forth in the referendum question.
9(Source: P.A. 95-336, eff. 8-21-07; 96-764, eff. 8-25-09.)
10    Section 99. Effective date. This Act takes effect July 1,