Full Text of SB0690 103rd General Assembly
SB0690sam001 103RD GENERAL ASSEMBLY | Sen. Ann Gillespie Filed: 10/20/2023 | | 10300SB0690sam001 | | LRB103 03143 AWJ 64741 a |
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| 1 | | AMENDMENT TO SENATE BILL 690
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 690 by replacing | 3 | | everything after the enacting clause with the following: | 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 |
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| 1 | | provides. | 2 | | The method of initiating the submission of a public | 3 | | question shall be as provided by the statute authorizing such | 4 | | public question, or as provided by the Constitution. | 5 | | All public questions shall be initiated, submitted and | 6 | | printed on the ballot in the form required by Section 16-7 of | 7 | | this Act, except as may otherwise be specified in the statute | 8 | | authorizing a public question. | 9 | | Whenever a statute provides for the initiation of a public | 10 | | question by a petition of electors, the provisions of such | 11 | | statute shall govern with respect to the number of signatures | 12 | | required, the qualifications of persons entitled to sign the | 13 | | petition, the contents of the petition, the officer with whom | 14 | | the petition must be filed, and the form of the question to be | 15 | | submitted. If such statute does not specify any of the | 16 | | foregoing petition requirements, the corresponding petition | 17 | | requirements of Section 28-6 shall govern such petition. | 18 | | Irrespective of the method of initiation, not more than 3 | 19 | | public questions other than (a) back door referenda, (b) | 20 | | referenda to determine whether a disconnection may take place | 21 | | where a city coterminous with a township is proposing to annex | 22 | | territory from an adjacent township, (c) referenda held under | 23 | | the provisions of the Property Tax Extension Limitation Law in | 24 | | the Property Tax Code, (d) referenda held under Section 2-3002 | 25 | | of the Counties Code, or (e) referenda held under Article 22, | 26 | | 23, or 29 of the Township Code may be submitted to referendum |
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| 1 | | with respect to a political subdivision at the same election. | 2 | | If more than 3 propositions are timely initiated or | 3 | | certified for submission at an election with respect to a | 4 | | political subdivision, the first 3 validly initiated, by the | 5 | | filing of a petition or by the adoption of a resolution or | 6 | | ordinance of a political subdivision, as the case may be, | 7 | | shall be printed on the ballot and submitted at that election. | 8 | | However, except as expressly authorized by law not more than | 9 | | one proposition to change the form of government of a | 10 | | municipality pursuant to Article VII of the Constitution may | 11 | | be submitted at an election. If more than one such proposition | 12 | | is timely initiated or certified for submission at an election | 13 | | with respect to a municipality, the first validly initiated | 14 | | shall be the one printed on the ballot and submitted at that | 15 | | election. | 16 | | No public question shall be submitted to the voters of a | 17 | | political subdivision at any regularly scheduled election at | 18 | | which such voters are not scheduled to cast votes for any | 19 | | candidates for nomination for, election to or retention in | 20 | | public office, except that if, in any existing or proposed | 21 | | political subdivision in which the submission of a public | 22 | | question at a regularly scheduled election is desired, the | 23 | | voters of only a portion of such existing or proposed | 24 | | political subdivision are not scheduled to cast votes for | 25 | | nomination for, election to or retention in public office at | 26 | | such election, but the voters in one or more other portions of |
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| 1 | | such existing or proposed political subdivision are scheduled | 2 | | to cast votes for nomination for, election to or retention in | 3 | | public office at such election, the public question shall be | 4 | | voted upon by all the qualified voters of the entire existing | 5 | | or proposed political subdivision at the election. | 6 | | Not more than 3 advisory public questions may be submitted | 7 | | to the voters of the entire state at a general election. If | 8 | | more than 3 such advisory propositions are initiated, the | 9 | | first 3 timely and validly initiated shall be the questions | 10 | | printed on the ballot and submitted at that election; provided | 11 | | however, that a question for a proposed amendment to Article | 12 | | IV of the Constitution pursuant to Section 3, Article XIV of | 13 | | the Constitution, or for a question submitted under the | 14 | | Property Tax Cap Referendum Law, shall not be included in the | 15 | | foregoing limitation. | 16 | | Notwithstanding any other provision of law, a community | 17 | | mental health public question may not be placed on the 2024 | 18 | | primary or general election ballot in the same township where | 19 | | a community mental health public question was approved on the | 20 | | 2022 general election ballot. | 21 | | (Source: P.A. 100-107, eff. 1-1-18 .) | 22 | | Section 10. The Property Tax Code is amended by changing | 23 | | Section 18-103 as follows: | 24 | | (35 ILCS 200/18-103) |
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| 1 | | Sec. 18-103. General Community Mental Health Act | 2 | | Validation Law. On and after January 1, 1994 and on or before | 3 | | the effective date of this amendatory Act of the 103rd General | 4 | | Assembly of this amendatory Act of the 102nd General Assembly , | 5 | | the provisions of the Truth in Taxation Law are subject to the | 6 | | Community Mental Health Act, Section 5-25025 of the Counties | 7 | | Code, the Community Care for Persons with Developmental | 8 | | Disabilities Act, and those referenda under those Acts | 9 | | authorizing and creating boards and levies. The purpose of | 10 | | this Section is to validate boards and levies created on or | 11 | | after January 1, 1994 and on or before the effective date of | 12 | | this amendatory Act of the 103rd General Assembly of this | 13 | | amendatory Act of the 102nd General Assembly that relied on | 14 | | conflicting referenda language contained in the Community | 15 | | Mental Health Act, the Counties Code, and the Community Care | 16 | | for Persons with Developmental Disabilities Act. | 17 | | (Source: P.A. 102-839, eff. 5-13-22.) | 18 | | Section 15. The Community Care for Persons with | 19 | | Developmental Disabilities Act is amended by changing Section | 20 | | 1.2 as follows: | 21 | | (50 ILCS 835/1.2) (was 55 ILCS 105/1.2) | 22 | | Sec. 1.2. Petition for submission to referendum by | 23 | | electors. | 24 | | (a) Whenever a petition for submission to referendum by |
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| 1 | | the electors which requests the establishment and maintenance | 2 | | of facilities or services for the benefit of its residents | 3 | | with a developmental disability and the levy of an annual tax | 4 | | not to exceed 0.1% upon all the taxable property in the | 5 | | governmental unit at the value thereof, as equalized or | 6 | | assessed by the Department of Revenue, is signed by electors | 7 | | of the governmental unit equal in number to at least 10% of the | 8 | | total votes cast for the office that received the greatest | 9 | | total number of votes at the last preceding general election | 10 | | of the governmental unit and is presented to the county clerk, | 11 | | the clerk shall certify the proposition to the proper election | 12 | | authorities for submission at the governmental unit's next | 13 | | general election. The proposition shall be in substantially | 14 | | the following form: | 15 | | Shall (governmental unit) levy an annual tax not to | 16 | | exceed 0.1% upon the equalized assessed value of all | 17 | | taxable property in (governmental unit) for the purposes | 18 | | of establishing and maintaining facilities or services for | 19 | | the benefit of its residents who are persons with | 20 | | intellectual or developmental disabilities and who are not | 21 | | eligible to participate in any program provided under | 22 | | Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq., | 23 | | including contracting for those facilities or services | 24 | | with any privately or publicly operated entity that | 25 | | provides those facilities or services either in or out of | 26 | | (governmental unit)? |
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| 1 | | (b) If a majority of the votes cast upon the proposition | 2 | | are in favor thereof, such tax levy shall be authorized and the | 3 | | governmental unit shall levy a tax not to exceed the rate set | 4 | | forth in Section 1 of this Act. | 5 | | (c) If the governmental unit is also subject to the | 6 | | Property Tax Extension Limitation Law, then the proposition | 7 | | shall also comply with the Property Tax Extension Limitation | 8 | | Law. Notwithstanding any provision of this subsection, any | 9 | | referendum imposing an annual tax on or after January 1, 1994 | 10 | | and prior to the effective date of this amendatory Act of the | 11 | | 103rd General Assembly of this amendatory Act of the 102nd | 12 | | General Assembly that complies with this Section is hereby | 13 | | validated. | 14 | | (Source: P.A. 102-839, eff. 5-13-22.) | 15 | | Section 20. The Counties Code is amended by changing | 16 | | Section 5-25025 as follows: | 17 | | (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) | 18 | | Sec. 5-25025. Mental health program. If the county board | 19 | | of any county having a population of less than 1,000,000 | 20 | | inhabitants and maintaining a county health department under | 21 | | this Division desires the inclusion of a mental health program | 22 | | in that county health department and the authority to levy the | 23 | | tax provided for in subsection (c) of this Section, the county | 24 | | board shall certify that question to the proper election |
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| 1 | | officials, who shall submit the proposition at an election in | 2 | | accordance with the general election law. The proposition | 3 | | shall be in substantially the following form: | 4 | | ----------------
| 5 | | Shall ...........County include
| 6 | | a mental health program in the YES
| 7 | | county health department, and
| 8 | | levy an annual tax of not to exceed ----------------------
| 9 | | .05% of the value of all taxable
| 10 | | property for use for mental health
| 11 | | purposes by the county health NO
| 12 | | department?
| 13 | | ------------------------------------------------------------- | 14 | | If a majority of the electors voting at that election vote | 15 | | in favor of the proposition, the county board may include the | 16 | | mental health program in the county health department and may, | 17 | | annually, levy the additional tax for mental health purposes. | 18 | | All mental health facilities provided shall be available to | 19 | | all citizens of the county, but the county health board may | 20 | | vary any charges for services according to ability to pay. | 21 | | If the county is also subject to the Property Tax | 22 | | Extension Limitation Law, then the proposition shall also | 23 | | comply with the Property Tax Extension Limitation Law. | 24 | | Notwithstanding any provision of this Section, any referendum | 25 | | imposing an annual tax on or after January 1, 1994 and prior to | 26 | | the effective date of this amendatory Act of the 103rd General |
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| 1 | | Assembly of this amendatory Act of the 102nd General Assembly | 2 | | that complies with this Section is hereby validated. | 3 | | When the inclusion of a mental health program has been | 4 | | approved: | 5 | | (a) To the extent practicable, at least one member of the | 6 | | County Board of Health, under Section 5-25012, shall be a | 7 | | person certified by The American Board of Psychiatry and | 8 | | Neurology professionally engaged in the field of mental health | 9 | | and licensed to practice medicine in the State, unless there | 10 | | is no such qualified person in the county. | 11 | | (b) The president or chairman of the county board of | 12 | | health shall appoint a mental health advisory board composed | 13 | | of not less than 9 nor more than 15 members who have special | 14 | | knowledge and interest in the field of mental health. | 15 | | Initially, 1/3 of the board members shall be appointed for | 16 | | terms of one year, 1/3 for 2 years and 1/3 for 3 years. | 17 | | Thereafter, all terms shall be for 3 years. This advisory | 18 | | board shall meet at least twice each year and provide counsel, | 19 | | direction and advice to the county board of health in the field | 20 | | of mental health. | 21 | | (c) The county board may levy, in excess of the statutory | 22 | | limit and in addition to the taxes permitted under Sections | 23 | | 5-25003, 5-25004 and 5-25010, an additional annual tax of not | 24 | | more than .05% of the value, as equalized or assessed by the | 25 | | Department of Revenue, of all taxable property within the | 26 | | county which tax shall be levied and collected as provided in |
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| 1 | | Section 5-25010 but held in the County Health Fund of the | 2 | | county treasury for use for mental health purposes. These | 3 | | funds may be used to provide care and treatment in public and | 4 | | private mental health facilities. | 5 | | (d) When a mental health program has been included in a | 6 | | county health department pursuant to this Section, the county | 7 | | board may obtain the authority to levy a tax for mental health | 8 | | purposes in addition to the tax authorized by the preceding | 9 | | paragraphs of this Section but not in excess of an additional | 10 | | .05% of the value, as equalized or assessed by the Department | 11 | | of Revenue, of all taxable property in the county by following | 12 | | the procedure set out in Section 5-25003 except that the | 13 | | proposition shall be in substantially the following form: | 14 | | ----
| 15 | | Shall.... county levy, in excess
| 16 | | of the statutory limit, an additional YES
| 17 | | annual tax of not to exceed .05% for ---------------------
| 18 | | use for mental health purposes by the NO
| 19 | | county health department?
| 20 | | -------------------------------------------------------- | 21 | | If the majority of all the votes cast on the proposition in | 22 | | the county is in favor thereof, the county board shall levy | 23 | | such tax annually. The levy and collection of this tax shall be | 24 | | as provided in Section 5-25010 but the tax shall be held in the | 25 | | County Health Fund of the county treasury for use, with that | 26 | | levied pursuant to paragraph (c), for mental health purposes. |
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| 1 | | (Source: P.A. 102-839, eff. 5-13-22.) | 2 | | Section 25. The Community Mental Health Act is amended by | 3 | | changing Section 5 as follows: | 4 | | (405 ILCS 20/5) (from Ch. 91 1/2, par. 305) | 5 | | (Text of Section before amendment by P.A. 103-274 ) | 6 | | Sec. 5. (a) When the governing body of a governmental unit | 7 | | passes a resolution as provided in Section 4 asking that an | 8 | | annual tax may be levied for the purpose of providing such | 9 | | mental health facilities and services, including facilities | 10 | | and services for the person with a developmental disability or | 11 | | a substance use disorder, in the community and so instructs | 12 | | the clerk of the governmental unit such clerk shall certify | 13 | | the proposition to the proper election officials for | 14 | | submission at a regular election in accordance with the | 15 | | general election law. The proposition shall be in the | 16 | | following form: | 17 | | ----------------------------------------------
| 18 | | Shall............ (governmental
| 19 | | unit) levy an annual tax of (not YES
| 20 | | more than .15%) for the purpose of providing
| 21 | | community mental health facilities and ---------------
| 22 | | services including facilities and services
| 23 | | for persons with a developmental NO
| 24 | | disability or a substance use disorder?
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| 1 | | ------------------------------------------------------------- | 2 | | (a-5) If the governmental unit is also subject to the | 3 | | Property Tax Extension Limitation Law, then the proposition | 4 | | shall also comply with the Property Tax Extension Limitation | 5 | | Law. Notwithstanding any provision of this subsection, any | 6 | | referendum imposing an annual tax on or after January 1, 1994 | 7 | | and prior to the effective date of this amendatory Act of the | 8 | | 103rd General Assembly May 13, 2022 (the effective date of | 9 | | Public Act 102-839) that complies with subsection (a) is | 10 | | hereby validated. | 11 | | (b) If a majority of all the votes cast upon the | 12 | | proposition are for the levy of such tax, the governing body of | 13 | | such governmental unit shall thereafter annually levy a tax | 14 | | not to exceed the rate set forth in Section 4. Thereafter, the | 15 | | governing body shall in the annual appropriation bill | 16 | | appropriate from such funds such sum or sums of money as may be | 17 | | deemed necessary, based upon the community mental health | 18 | | board's budget, the board's annual mental health report, and | 19 | | the local mental health plan to defray necessary expenses and | 20 | | liabilities in providing for such community mental health | 21 | | facilities and services. | 22 | | (c) If the governing body of a governmental unit levies a | 23 | | tax under Section 4 of this Act and the rate specified in the | 24 | | proposition under subsection (a) of this Section is less than | 25 | | 0.15%, then the governing body of the governmental unit may, | 26 | | upon referendum approval, increase that rate to not more than |
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| 1 | | 0.15%. The governing body shall instruct the clerk of the | 2 | | governmental unit to certify the proposition to the proper | 3 | | election officials for submission at a regular election in | 4 | | accordance with the general election law. The proposition | 5 | | shall be in the following form: | 6 | | "Shall the tax imposed by (governmental unit) for the | 7 | | purpose of providing community mental health facilities | 8 | | and services, including facilities and services for | 9 | | persons with a developmental disability or substance use | 10 | | disorder be increased to (not more than 0.15%)?" | 11 | | If a majority of all the votes cast upon the proposition | 12 | | are for the increase of the tax, then the governing body of the | 13 | | governmental unit may thereafter annually levy a tax not to | 14 | | exceed the rate set forth in the referendum question. | 15 | | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | 16 | | 103-154, eff. 6-30-23.) | 17 | | (Text of Section after amendment by P.A. 103-274 ) | 18 | | Sec. 5. (a) When the governing body of a governmental unit | 19 | | passes a resolution as provided in Section 4 asking that an | 20 | | annual tax may be levied for the purpose of providing such | 21 | | mental health facilities and services, including facilities | 22 | | and services for the person with a developmental disability or | 23 | | a substance use disorder, in the community and so instructs | 24 | | the clerk of the governmental unit such clerk shall certify | 25 | | the proposition to the proper election officials for |
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| 1 | | submission at a regular election in accordance with the | 2 | | general election law. The proposition shall be in the | 3 | | following form: | 4 | | ----------------------------------------------
| 5 | | Shall............ (governmental
| 6 | | unit) levy an annual tax of (not YES
| 7 | | more than .15%) for the purpose of providing
| 8 | | community mental health facilities and ---------------
| 9 | | services including facilities and services
| 10 | | for persons with a developmental NO
| 11 | | disability or a substance use disorder?
| 12 | | ------------------------------------------------------------- | 13 | | (a-5) If the governmental unit is also subject to the | 14 | | Property Tax Extension Limitation Law, then the proposition | 15 | | shall also comply with the Property Tax Extension Limitation | 16 | | Law. Notwithstanding any provision of this subsection, any | 17 | | referendum imposing an annual tax on or after January 1, 1994 | 18 | | and prior to the effective date of this amendatory Act of the | 19 | | 103rd General Assembly May 13, 2022 (the effective date of | 20 | | Public Act 102-839) that complies with subsection (a) is | 21 | | hereby validated. | 22 | | (b) If a majority of all the votes cast upon the | 23 | | proposition are for the levy of such tax, the governing body of | 24 | | such governmental unit shall thereafter annually levy a tax | 25 | | not to exceed the rate set forth in Section 4. Thereafter, the | 26 | | governing body shall in the annual appropriation bill |
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| 1 | | appropriate from such funds such sum or sums of money as may be | 2 | | deemed necessary by the community mental health board, based | 3 | | upon the community mental health board's budget, the board's | 4 | | annual mental health report, and the local mental health plan | 5 | | to defray necessary expenses and liabilities in providing for | 6 | | such community mental health facilities and services. | 7 | | (c) If the governing body of a governmental unit levies a | 8 | | tax under Section 4 of this Act and the rate specified in the | 9 | | proposition under subsection (a) of this Section is less than | 10 | | 0.15%, then the governing body of the governmental unit may, | 11 | | upon referendum approval, increase that rate to not more than | 12 | | 0.15%. The governing body shall instruct the clerk of the | 13 | | governmental unit to certify the proposition to the proper | 14 | | election officials for submission at a regular election in | 15 | | accordance with the general election law. The proposition | 16 | | shall be in the following form: | 17 | | "Shall the tax imposed by (governmental unit) for the | 18 | | purpose of providing community mental health facilities | 19 | | and services, including facilities and services for | 20 | | persons with a developmental disability or substance use | 21 | | disorder be increased to (not more than 0.15%)?" | 22 | | If a majority of all the votes cast upon the proposition | 23 | | are for the increase of the tax, then the governing body of the | 24 | | governmental unit may thereafter annually levy a tax not to | 25 | | exceed the rate set forth in the referendum question. | 26 | | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; |
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| 1 | | 103-154, eff. 6-30-23; 103-274, eff. 1-1-24.) | 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act. | 9 | | Section 999. Effective date. This Act takes effect upon | 10 | | becoming law.". |
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