Full Text of SB0690 103rd General Assembly
SB0690eng 103RD GENERAL ASSEMBLY | | | SB0690 Engrossed | | LRB103 03143 AWJ 48149 b |
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| 1 | | AN ACT concerning local government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Election Code is amended by changing | 5 | | Section 28-1 as follows: | 6 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) | 7 | | Sec. 28-1. The initiation and submission of all public | 8 | | questions to be voted upon by the electors of the State or of | 9 | | any political subdivision or district or precinct or | 10 | | combination of precincts shall be subject to the provisions of | 11 | | this Article. | 12 | | Questions of public policy which have any legal effect | 13 | | shall be submitted to referendum only as authorized by a | 14 | | statute which so provides or by the Constitution. Advisory | 15 | | questions of public policy shall be submitted to referendum | 16 | | pursuant to Section 28-5 or pursuant to a statute which so | 17 | | provides. | 18 | | The method of initiating the submission of a public | 19 | | question shall be as provided by the statute authorizing such | 20 | | public question, or as provided by the Constitution. | 21 | | All public questions shall be initiated, submitted and | 22 | | printed on the ballot in the form required by Section 16-7 of | 23 | | this Act, except as may otherwise be specified in the statute |
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| 1 | | authorizing a public question. | 2 | | Whenever a statute provides for the initiation of a public | 3 | | question by a petition of electors, the provisions of such | 4 | | statute shall govern with respect to the number of signatures | 5 | | required, the qualifications of persons entitled to sign the | 6 | | petition, the contents of the petition, the officer with whom | 7 | | the petition must be filed, and the form of the question to be | 8 | | submitted. If such statute does not specify any of the | 9 | | foregoing petition requirements, the corresponding petition | 10 | | requirements of Section 28-6 shall govern such petition. | 11 | | Irrespective of the method of initiation, not more than 3 | 12 | | public questions other than (a) back door referenda, (b) | 13 | | referenda to determine whether a disconnection may take place | 14 | | where a city coterminous with a township is proposing to annex | 15 | | territory from an adjacent township, (c) referenda held under | 16 | | the provisions of the Property Tax Extension Limitation Law in | 17 | | the Property Tax Code, (d) referenda held under Section 2-3002 | 18 | | of the Counties Code, or (e) referenda held under Article 22, | 19 | | 23, or 29 of the Township Code may be submitted to referendum | 20 | | with respect to a political subdivision at the same election. | 21 | | If more than 3 propositions are timely initiated or | 22 | | certified for submission at an election with respect to a | 23 | | political subdivision, the first 3 validly initiated, by the | 24 | | filing of a petition or by the adoption of a resolution or | 25 | | ordinance of a political subdivision, as the case may be, | 26 | | shall be printed on the ballot and submitted at that election. |
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| 1 | | However, except as expressly authorized by law not more than | 2 | | one proposition to change the form of government of a | 3 | | municipality pursuant to Article VII of the Constitution may | 4 | | be submitted at an election. If more than one such proposition | 5 | | is timely initiated or certified for submission at an election | 6 | | with respect to a municipality, the first validly initiated | 7 | | shall be the one printed on the ballot and submitted at that | 8 | | election. | 9 | | No public question shall be submitted to the voters of a | 10 | | political subdivision at any regularly scheduled election at | 11 | | which such voters are not scheduled to cast votes for any | 12 | | candidates for nomination for, election to or retention in | 13 | | public office, except that if, in any existing or proposed | 14 | | political subdivision in which the submission of a public | 15 | | question at a regularly scheduled election is desired, the | 16 | | voters of only a portion of such existing or proposed | 17 | | political subdivision are not scheduled to cast votes for | 18 | | nomination for, election to or retention in public office at | 19 | | such election, but the voters in one or more other portions of | 20 | | such existing or proposed political subdivision are scheduled | 21 | | to cast votes for nomination for, election to or retention in | 22 | | public office at such election, the public question shall be | 23 | | voted upon by all the qualified voters of the entire existing | 24 | | or proposed political subdivision at the election. | 25 | | Not more than 3 advisory public questions may be submitted | 26 | | to the voters of the entire state at a general election. If |
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| 1 | | more than 3 such advisory propositions are initiated, the | 2 | | first 3 timely and validly initiated shall be the questions | 3 | | printed on the ballot and submitted at that election; provided | 4 | | however, that a question for a proposed amendment to Article | 5 | | IV of the Constitution pursuant to Section 3, Article XIV of | 6 | | the Constitution, or for a question submitted under the | 7 | | Property Tax Cap Referendum Law, shall not be included in the | 8 | | foregoing limitation. | 9 | | Notwithstanding any other provision of law, a community | 10 | | mental health public question may not be placed on the 2024 | 11 | | primary or general election ballot in the same township where | 12 | | a community mental health public question was approved on the | 13 | | 2022 general election ballot. | 14 | | (Source: P.A. 100-107, eff. 1-1-18 .) | 15 | | Section 10. The Property Tax Code is amended by changing | 16 | | Section 18-103 as follows: | 17 | | (35 ILCS 200/18-103) | 18 | | Sec. 18-103. General Community Mental Health Act | 19 | | Validation Law. On and after January 1, 1994 and on or before | 20 | | the effective date of this amendatory Act of the 103rd General | 21 | | Assembly of this amendatory Act of the 102nd General Assembly , | 22 | | the provisions of the Truth in Taxation Law are subject to the | 23 | | Community Mental Health Act, Section 5-25025 of the Counties | 24 | | Code, the Community Care for Persons with Developmental |
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| 1 | | Disabilities Act, and those referenda under those Acts | 2 | | authorizing and creating boards and levies. The purpose of | 3 | | this Section is to validate boards and levies created on or | 4 | | after January 1, 1994 and on or before the effective date of | 5 | | this amendatory Act of the 103rd General Assembly of this | 6 | | amendatory Act of the 102nd General Assembly that relied on | 7 | | conflicting referenda language contained in the Community | 8 | | Mental Health Act, the Counties Code, and the Community Care | 9 | | for Persons with Developmental Disabilities Act. | 10 | | (Source: P.A. 102-839, eff. 5-13-22.) | 11 | | Section 15. The Community Care for Persons with | 12 | | Developmental Disabilities Act is amended by changing Section | 13 | | 1.2 as follows: | 14 | | (50 ILCS 835/1.2) (was 55 ILCS 105/1.2) | 15 | | Sec. 1.2. Petition for submission to referendum by | 16 | | electors. | 17 | | (a) Whenever a petition for submission to referendum by | 18 | | the electors which requests the establishment and maintenance | 19 | | of facilities or services for the benefit of its residents | 20 | | with a developmental disability and the levy of an annual tax | 21 | | not to exceed 0.1% upon all the taxable property in the | 22 | | governmental unit at the value thereof, as equalized or | 23 | | assessed by the Department of Revenue, is signed by electors | 24 | | of the governmental unit equal in number to at least 10% of the |
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| 1 | | total votes cast for the office that received the greatest | 2 | | total number of votes at the last preceding general election | 3 | | of the governmental unit and is presented to the county clerk, | 4 | | the clerk shall certify the proposition to the proper election | 5 | | authorities for submission at the governmental unit's next | 6 | | general election. The proposition shall be in substantially | 7 | | the following form: | 8 | | Shall (governmental unit) levy an annual tax not to | 9 | | exceed 0.1% upon the equalized assessed value of all | 10 | | taxable property in (governmental unit) for the purposes | 11 | | of establishing and maintaining facilities or services for | 12 | | the benefit of its residents who are persons with | 13 | | intellectual or developmental disabilities and who are not | 14 | | eligible to participate in any program provided under | 15 | | Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq., | 16 | | including contracting for those facilities or services | 17 | | with any privately or publicly operated entity that | 18 | | provides those facilities or services either in or out of | 19 | | (governmental unit)? | 20 | | (b) If a majority of the votes cast upon the proposition | 21 | | are in favor thereof, such tax levy shall be authorized and the | 22 | | governmental unit shall levy a tax not to exceed the rate set | 23 | | forth in Section 1 of this Act. | 24 | | (c) If the governmental unit is also subject to the | 25 | | Property Tax Extension Limitation Law, then the proposition | 26 | | shall also comply with the Property Tax Extension Limitation |
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| 1 | | Law. Notwithstanding any provision of this subsection, any | 2 | | referendum imposing an annual tax on or after January 1, 1994 | 3 | | and prior to the effective date of this amendatory Act of the | 4 | | 103rd General Assembly of this amendatory Act of the 102nd | 5 | | General Assembly that complies with this Section is hereby | 6 | | validated. | 7 | | (Source: P.A. 102-839, eff. 5-13-22.) | 8 | | Section 20. The Counties Code is amended by changing | 9 | | Section 5-25025 as follows: | 10 | | (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) | 11 | | Sec. 5-25025. Mental health program. If the county board | 12 | | of any county having a population of less than 1,000,000 | 13 | | inhabitants and maintaining a county health department under | 14 | | this Division desires the inclusion of a mental health program | 15 | | in that county health department and the authority to levy the | 16 | | tax provided for in subsection (c) of this Section, the county | 17 | | board shall certify that question to the proper election | 18 | | officials, who shall submit the proposition at an election in | 19 | | accordance with the general election law. The proposition | 20 | | shall be in substantially the following form: | 21 | | ----------------
| 22 | | Shall ...........County include
| 23 | | a mental health program in the YES
| 24 | | county health department, and
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| 1 | | levy an annual tax of not to exceed ----------------------
| 2 | | .05% of the value of all taxable
| 3 | | property for use for mental health
| 4 | | purposes by the county health NO
| 5 | | department?
| 6 | | ------------------------------------------------------------- | 7 | | If a majority of the electors voting at that election vote | 8 | | in favor of the proposition, the county board may include the | 9 | | mental health program in the county health department and may, | 10 | | annually, levy the additional tax for mental health purposes. | 11 | | All mental health facilities provided shall be available to | 12 | | all citizens of the county, but the county health board may | 13 | | vary any charges for services according to ability to pay. | 14 | | If the county is also subject to the Property Tax | 15 | | Extension Limitation Law, then the proposition shall also | 16 | | comply with the Property Tax Extension Limitation Law. | 17 | | Notwithstanding any provision of this Section, any referendum | 18 | | imposing an annual tax on or after January 1, 1994 and prior to | 19 | | the effective date of this amendatory Act of the 103rd General | 20 | | Assembly of this amendatory Act of the 102nd General Assembly | 21 | | that complies with this Section is hereby validated. | 22 | | When the inclusion of a mental health program has been | 23 | | approved: | 24 | | (a) To the extent practicable, at least one member of the | 25 | | County Board of Health, under Section 5-25012, shall be a | 26 | | person certified by The American Board of Psychiatry and |
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| 1 | | Neurology professionally engaged in the field of mental health | 2 | | and licensed to practice medicine in the State, unless there | 3 | | is no such qualified person in the county. | 4 | | (b) The president or chairman of the county board of | 5 | | health shall appoint a mental health advisory board composed | 6 | | of not less than 9 nor more than 15 members who have special | 7 | | knowledge and interest in the field of mental health. | 8 | | Initially, 1/3 of the board members shall be appointed for | 9 | | terms of one year, 1/3 for 2 years and 1/3 for 3 years. | 10 | | Thereafter, all terms shall be for 3 years. This advisory | 11 | | board shall meet at least twice each year and provide counsel, | 12 | | direction and advice to the county board of health in the field | 13 | | of mental health. | 14 | | (c) The county board may levy, in excess of the statutory | 15 | | limit and in addition to the taxes permitted under Sections | 16 | | 5-25003, 5-25004 and 5-25010, an additional annual tax of not | 17 | | more than .05% of the value, as equalized or assessed by the | 18 | | Department of Revenue, of all taxable property within the | 19 | | county which tax shall be levied and collected as provided in | 20 | | Section 5-25010 but held in the County Health Fund of the | 21 | | county treasury for use for mental health purposes. These | 22 | | funds may be used to provide care and treatment in public and | 23 | | private mental health facilities. | 24 | | (d) When a mental health program has been included in a | 25 | | county health department pursuant to this Section, the county | 26 | | board may obtain the authority to levy a tax for mental health |
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| 1 | | purposes in addition to the tax authorized by the preceding | 2 | | paragraphs of this Section but not in excess of an additional | 3 | | .05% of the value, as equalized or assessed by the Department | 4 | | of Revenue, of all taxable property in the county by following | 5 | | the procedure set out in Section 5-25003 except that the | 6 | | proposition shall be in substantially the following form: | 7 | | ----
| 8 | | Shall.... county levy, in excess
| 9 | | of the statutory limit, an additional YES
| 10 | | annual tax of not to exceed .05% for ---------------------
| 11 | | use for mental health purposes by the NO
| 12 | | county health department?
| 13 | | -------------------------------------------------------- | 14 | | If the majority of all the votes cast on the proposition in | 15 | | the county is in favor thereof, the county board shall levy | 16 | | such tax annually. The levy and collection of this tax shall be | 17 | | as provided in Section 5-25010 but the tax shall be held in the | 18 | | County Health Fund of the county treasury for use, with that | 19 | | levied pursuant to paragraph (c), for mental health purposes. | 20 | | (Source: P.A. 102-839, eff. 5-13-22.) | 21 | | Section 25. The Community Mental Health Act is amended by | 22 | | changing Section 5 as follows: | 23 | | (405 ILCS 20/5) (from Ch. 91 1/2, par. 305) | 24 | | (Text of Section before amendment by P.A. 103-274 ) |
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| 1 | | Sec. 5. (a) When the governing body of a governmental unit | 2 | | passes a resolution as provided in Section 4 asking that an | 3 | | annual tax may be levied for the purpose of providing such | 4 | | mental health facilities and services, including facilities | 5 | | and services for the person with a developmental disability or | 6 | | a substance use disorder, in the community and so instructs | 7 | | the clerk of the governmental unit such clerk shall certify | 8 | | the proposition to the proper election officials for | 9 | | submission at a regular election in accordance with the | 10 | | general election law. The proposition shall be in the | 11 | | following form: | 12 | | ----------------------------------------------
| 13 | | Shall............ (governmental
| 14 | | unit) levy an annual tax of (not YES
| 15 | | more than .15%) for the purpose of providing
| 16 | | community mental health facilities and ---------------
| 17 | | services including facilities and services
| 18 | | for persons with a developmental NO
| 19 | | disability or a substance use disorder?
| 20 | | ------------------------------------------------------------- | 21 | | (a-5) If the governmental unit is also subject to the | 22 | | Property Tax Extension Limitation Law, then the proposition | 23 | | shall also comply with the Property Tax Extension Limitation | 24 | | Law. Notwithstanding any provision of this subsection, any | 25 | | referendum imposing an annual tax on or after January 1, 1994 | 26 | | and prior to the effective date of this amendatory Act of the |
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| 1 | | 103rd General Assembly May 13, 2022 (the effective date of | 2 | | Public Act 102-839) that complies with subsection (a) is | 3 | | hereby validated. | 4 | | (b) If a majority of all the votes cast upon the | 5 | | proposition are for the levy of such tax, the governing body of | 6 | | such governmental unit shall thereafter annually levy a tax | 7 | | not to exceed the rate set forth in Section 4. Thereafter, the | 8 | | governing body shall in the annual appropriation bill | 9 | | appropriate from such funds such sum or sums of money as may be | 10 | | deemed necessary, based upon the community mental health | 11 | | board's budget, the board's annual mental health report, and | 12 | | the local mental health plan to defray necessary expenses and | 13 | | liabilities in providing for such community mental health | 14 | | facilities and services. | 15 | | (c) If the governing body of a governmental unit levies a | 16 | | tax under Section 4 of this Act and the rate specified in the | 17 | | proposition under subsection (a) of this Section is less than | 18 | | 0.15%, then the governing body of the governmental unit may, | 19 | | upon referendum approval, increase that rate to not more than | 20 | | 0.15%. The governing body shall instruct the clerk of the | 21 | | governmental unit to certify the proposition to the proper | 22 | | election officials for submission at a regular election in | 23 | | accordance with the general election law. The proposition | 24 | | shall be in the following form: | 25 | | "Shall the tax imposed by (governmental unit) for the | 26 | | purpose of providing community mental health facilities |
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| 1 | | and services, including facilities and services for | 2 | | persons with a developmental disability or substance use | 3 | | disorder be increased to (not more than 0.15%)?" | 4 | | If a majority of all the votes cast upon the proposition | 5 | | are for the increase of the tax, then the governing body of the | 6 | | governmental unit may thereafter annually levy a tax not to | 7 | | exceed the rate set forth in the referendum question. | 8 | | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | 9 | | 103-154, eff. 6-30-23.) | 10 | | (Text of Section after amendment by P.A. 103-274 ) | 11 | | Sec. 5. (a) When the governing body of a governmental unit | 12 | | passes a resolution as provided in Section 4 asking that an | 13 | | annual tax may be levied for the purpose of providing such | 14 | | mental health facilities and services, including facilities | 15 | | and services for the person with a developmental disability or | 16 | | a substance use disorder, in the community and so instructs | 17 | | the clerk of the governmental unit such clerk shall certify | 18 | | the proposition to the proper election officials for | 19 | | submission at a regular election in accordance with the | 20 | | general election law. The proposition shall be in the | 21 | | following form: | 22 | | ----------------------------------------------
| 23 | | Shall............ (governmental
| 24 | | unit) levy an annual tax of (not YES
| 25 | | more than .15%) for the purpose of providing
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| 1 | | community mental health facilities and ---------------
| 2 | | services including facilities and services
| 3 | | for persons with a developmental NO
| 4 | | disability or a substance use disorder?
| 5 | | ------------------------------------------------------------- | 6 | | (a-5) If the governmental unit is also subject to the | 7 | | Property Tax Extension Limitation Law, then the proposition | 8 | | shall also comply with the Property Tax Extension Limitation | 9 | | Law. Notwithstanding any provision of this subsection, any | 10 | | referendum imposing an annual tax on or after January 1, 1994 | 11 | | and prior to the effective date of this amendatory Act of the | 12 | | 103rd General Assembly May 13, 2022 (the effective date of | 13 | | Public Act 102-839) that complies with subsection (a) is | 14 | | hereby validated. | 15 | | (b) If a majority of all the votes cast upon the | 16 | | proposition are for the levy of such tax, the governing body of | 17 | | such governmental unit shall thereafter annually levy a tax | 18 | | not to exceed the rate set forth in Section 4. Thereafter, the | 19 | | governing body shall in the annual appropriation bill | 20 | | appropriate from such funds such sum or sums of money as may be | 21 | | deemed necessary by the community mental health board, based | 22 | | upon the community mental health board's budget, the board's | 23 | | annual mental health report, and the local mental health plan | 24 | | to defray necessary expenses and liabilities in providing for | 25 | | such community mental health facilities and services. | 26 | | (c) If the governing body of a governmental unit levies a |
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| 1 | | tax under Section 4 of this Act and the rate specified in the | 2 | | proposition under subsection (a) of this Section is less than | 3 | | 0.15%, then the governing body of the governmental unit may, | 4 | | upon referendum approval, increase that rate to not more than | 5 | | 0.15%. The governing body shall instruct the clerk of the | 6 | | governmental unit to certify the proposition to the proper | 7 | | election officials for submission at a regular election in | 8 | | accordance with the general election law. The proposition | 9 | | shall be in the following form: | 10 | | "Shall the tax imposed by (governmental unit) for the | 11 | | purpose of providing community mental health facilities | 12 | | and services, including facilities and services for | 13 | | persons with a developmental disability or substance use | 14 | | disorder be increased to (not more than 0.15%)?" | 15 | | If a majority of all the votes cast upon the proposition | 16 | | are for the increase of the tax, then the governing body of the | 17 | | governmental unit may thereafter annually levy a tax not to | 18 | | exceed the rate set forth in the referendum question. | 19 | | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | 20 | | 103-154, eff. 6-30-23; 103-274, eff. 1-1-24.) | 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does | 25 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act. | 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law. |
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