HB4224 EnrolledLRB103 34642 AWJ 64484 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 Election Code is amended by changing
5Section 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
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12    Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so
17provides.
18    The method of initiating the submission of a public
19question shall be as provided by the statute authorizing such
20public question, or as provided by the Constitution.
21    All public questions shall be initiated, submitted and
22printed on the ballot in the form required by Section 16-7 of
23this Act, except as may otherwise be specified in the statute

 

 

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1authorizing a public question.
2    Whenever a statute provides for the initiation of a public
3question by a petition of electors, the provisions of such
4statute shall govern with respect to the number of signatures
5required, the qualifications of persons entitled to sign the
6petition, the contents of the petition, the officer with whom
7the petition must be filed, and the form of the question to be
8submitted. If such statute does not specify any of the
9foregoing petition requirements, the corresponding petition
10requirements of Section 28-6 shall govern such petition.
11    Irrespective of the method of initiation, not more than 3
12public questions other than (a) back door referenda, (b)
13referenda to determine whether a disconnection may take place
14where a city coterminous with a township is proposing to annex
15territory from an adjacent township, (c) referenda held under
16the provisions of the Property Tax Extension Limitation Law in
17the Property Tax Code, (d) referenda held under Section 2-3002
18of the Counties Code, or (e) referenda held under Article 22,
1923, or 29 of the Township Code may be submitted to referendum
20with respect to a political subdivision at the same election.
21    If more than 3 propositions are timely initiated or
22certified for submission at an election with respect to a
23political subdivision, the first 3 validly initiated, by the
24filing of a petition or by the adoption of a resolution or
25ordinance of a political subdivision, as the case may be,
26shall be printed on the ballot and submitted at that election.

 

 

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1However, except as expressly authorized by law not more than
2one proposition to change the form of government of a
3municipality pursuant to Article VII of the Constitution may
4be submitted at an election. If more than one such proposition
5is timely initiated or certified for submission at an election
6with respect to a municipality, the first validly initiated
7shall be the one printed on the ballot and submitted at that
8election.
9    No public question shall be submitted to the voters of a
10political subdivision at any regularly scheduled election at
11which such voters are not scheduled to cast votes for any
12candidates for nomination for, election to or retention in
13public office, except that if, in any existing or proposed
14political subdivision in which the submission of a public
15question at a regularly scheduled election is desired, the
16voters of only a portion of such existing or proposed
17political subdivision are not scheduled to cast votes for
18nomination for, election to or retention in public office at
19such election, but the voters in one or more other portions of
20such existing or proposed political subdivision are scheduled
21to cast votes for nomination for, election to or retention in
22public office at such election, the public question shall be
23voted upon by all the qualified voters of the entire existing
24or proposed political subdivision at the election.
25    Not more than 3 advisory public questions may be submitted
26to the voters of the entire state at a general election. If

 

 

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1more than 3 such advisory propositions are initiated, the
2first 3 timely and validly initiated shall be the questions
3printed on the ballot and submitted at that election; provided
4however, that a question for a proposed amendment to Article
5IV of the Constitution pursuant to Section 3, Article XIV of
6the Constitution, or for a question submitted under the
7Property Tax Cap Referendum Law, shall not be included in the
8foregoing limitation.
9    Notwithstanding any other provision of law, a community
10mental health public question may not be placed on the 2024
11primary or general election ballot or on the 2025 consolidated
12election ballots in the same township where a community mental
13health public question was approved on the 2022 general
14election ballot.
15(Source: P.A. 103-565, eff. 11-17-23.)
 
16    Section 10. The Property Tax Code is amended by changing
17Sections 15-125 and 18-103 and by adding Section 18-184.21 as
18follows:
 
19    (35 ILCS 200/15-125)
20    Sec. 15-125. Parking areas.
21    (a) Parking areas, not leased or used for profit other
22than those lease or rental agreements subject to subsection
23(b) of this Section, when used as a part of a use for which an
24exemption is provided by this Code and owned by any school

 

 

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1district, non-profit hospital, school, or religious or
2charitable institution which meets the qualifications for
3exemption, are exempt.
4    (b) Parking areas owned by any religious institution that
5meets the qualifications for exemption, when leased or rented
6to a mass transportation entity for the limited free parking
7of the commuters of the mass transportation entity, are
8exempt.
9    (c) Parking areas owned by any religious institution that
10meets the qualifications for exemption, when leased or rented
11to a municipality for the purpose of providing free public
12parking, are exempt, so long as the lease is for no more than
13nominal consideration. For purposes of this Section,
14maintenance and insurance of the parking areas by the
15municipality shall be considered nominal consideration.
16    (d) Parking areas that are owned by a non-profit trust
17fund, a non-profit labor union, or a 501(c)(2) entity
18controlled by a non-profit trust fund or non-profit labor
19union and that are used primarily for parking for an
20educational trade school described in Section 15-37 are
21exempt.
22(Source: P.A. 100-455, eff. 8-25-17.)
 
23    (35 ILCS 200/18-103)
24    Sec. 18-103. General Community Mental Health Act
25Validation Law. On and after January 1, 1994 and on or before

 

 

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1the effective date of this amendatory Act of the 103rd General
2Assembly the effective date of this amendatory Act of the
3103rd General Assembly, the provisions of the Truth in
4Taxation Law are subject to the Community Mental Health Act,
5Section 5-25025 of the Counties Code, the Community Care for
6Persons with Developmental Disabilities Act, and those
7referenda under those Acts authorizing and creating boards and
8levies. The purpose of this Section is to validate boards and
9levies created on or after January 1, 1994 and on or before the
10effective date of this amendatory Act of the 103rd General
11Assembly the effective date of this amendatory Act of the
12103rd General Assembly that relied on conflicting referenda
13language contained in the Community Mental Health Act, the
14Counties Code, and the Community Care for Persons with
15Developmental Disabilities Act.
16(Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.)
 
17    (35 ILCS 200/18-184.21 new)
18    Sec. 18-184.21. Special service area; tax increment
19allocation redevelopment project area abatement.
20    (a) In counties with 3,000,000 or more inhabitants, a
21non-home rule municipality may, by ordinance, order the county
22clerk to retroactively abate any portion of its tax year 2023
23property taxes on property that is within the municipality and
24that is also located within a special service area and a
25redevelopment project area created pursuant to the Tax

 

 

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1Increment Allocation Redevelopment Act if the following
2requirements are met:
3        (1) the special service area consists of a single tax
4    parcel;
5        (2) the non-home rule municipality has, at any time,
6    adopted an abatement ordinance covering the property for
7    the 2023 tax levy; and
8        (3) the county clerk extended taxes against the
9    property for tax year 2023 that are collectable in 2024.
10    (b) The county clerk shall reextend the 2023 rate against
11the property pursuant to the abatement ordinance described in
12this Section and shall issue the reextended rate to the county
13treasurer.
14    (c) Notwithstanding the provisions of Section 21-25, the
15county treasurer shall reissue a revised tax bill for the
16property pursuant to subsection (b), and penalties and
17interest shall be waived for a period of 30 days from the time
18the county treasurer reissues the revised tax bill.
19    (d) This Section is repealed on January 1, 2026.
 
20    Section 15. The Community Care for Persons with
21Developmental Disabilities Act is amended by changing Section
221.2 as follows:
 
23    (50 ILCS 835/1.2)  (was 55 ILCS 105/1.2)
24    Sec. 1.2. Petition for submission to referendum by

 

 

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1electors.
2    (a) Whenever a petition for submission to referendum by
3the electors which requests the establishment and maintenance
4of facilities or services for the benefit of its residents
5with a developmental disability and the levy of an annual tax
6not to exceed 0.1% upon all the taxable property in the
7governmental unit at the value thereof, as equalized or
8assessed by the Department of Revenue, is signed by electors
9of the governmental unit equal in number to at least 10% of the
10total votes cast for the office that received the greatest
11total number of votes at the last preceding general election
12of the governmental unit and is presented to the county clerk,
13the clerk shall certify the proposition to the proper election
14authorities for submission at the governmental unit's next
15general election. The proposition shall be in substantially
16the following form:
17        Shall (governmental unit) levy an annual tax not to
18    exceed 0.1% upon the equalized assessed value of all
19    taxable property in (governmental unit) for the purposes
20    of establishing and maintaining facilities or services for
21    the benefit of its residents who are persons with
22    intellectual or developmental disabilities and who are not
23    eligible to participate in any program provided under
24    Article 14 of the School Code, 105 ILCS 5/14-1.01 et seq.,
25    including contracting for those facilities or services
26    with any privately or publicly operated entity that

 

 

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1    provides those facilities or services either in or out of
2    (governmental unit)?
3    (b) If a majority of the votes cast upon the proposition
4are in favor thereof, such tax levy shall be authorized and the
5governmental unit shall levy a tax not to exceed the rate set
6forth in Section 1 of this Act.
7    (c) If the governmental unit is also subject to the
8Property Tax Extension Limitation Law, then the proposition
9shall also comply with the Property Tax Extension Limitation
10Law. Notwithstanding any provision of this subsection, any
11referendum imposing an annual tax on or after January 1, 1994
12and prior to the effective date of this amendatory Act of the
13103rd General Assembly the effective date of this amendatory
14Act of the 103rd General Assembly that complies with this
15Section is hereby validated.
16(Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.)
 
17    Section 20. The Counties Code is amended by changing
18Section 5-25025 as follows:
 
19    (55 ILCS 5/5-25025)  (from Ch. 34, par. 5-25025)
20    Sec. 5-25025. Mental health program. If the county board
21of any county having a population of less than 1,000,000
22inhabitants and maintaining a county health department under
23this Division desires the inclusion of a mental health program
24in that county health department and the authority to levy the

 

 

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1tax provided for in subsection (c) of this Section, the county
2board shall certify that question to the proper election
3officials, who shall submit the proposition at an election in
4accordance with the general election law. The proposition
5shall be in substantially the following form:
6----------------
7    Shall ...........County include
8a mental health program in the                YES
9county health department, and
10levy an annual tax of not to exceed    ----------------------
11.05% of the value of all taxable
12property for use for mental health
13purposes by the county health                  NO
14department?
15-------------------------------------------------------------
16    If a majority of the electors voting at that election vote
17in favor of the proposition, the county board may include the
18mental health program in the county health department and may,
19annually, levy the additional tax for mental health purposes.
20All mental health facilities provided shall be available to
21all citizens of the county, but the county health board may
22vary any charges for services according to ability to pay.
23    If the county is also subject to the Property Tax
24Extension Limitation Law, then the proposition shall also
25comply with the Property Tax Extension Limitation Law.
26Notwithstanding any provision of this Section, any referendum

 

 

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1imposing an annual tax on or after January 1, 1994 and prior to
2the effective date of this amendatory Act of the 103rd General
3Assembly the effective date of this amendatory Act of the
4103rd General Assembly that complies with this Section is
5hereby validated.
6    When the inclusion of a mental health program has been
7approved:
8    (a) To the extent practicable, at least one member of the
9County Board of Health, under Section 5-25012, shall be a
10person certified by The American Board of Psychiatry and
11Neurology professionally engaged in the field of mental health
12and licensed to practice medicine in the State, unless there
13is no such qualified person in the county.
14    (b) The president or chairman of the county board of
15health shall appoint a mental health advisory board composed
16of not less than 9 nor more than 15 members who have special
17knowledge and interest in the field of mental health.
18Initially, 1/3 of the board members shall be appointed for
19terms of one year, 1/3 for 2 years and 1/3 for 3 years.
20Thereafter, all terms shall be for 3 years. This advisory
21board shall meet at least twice each year and provide counsel,
22direction and advice to the county board of health in the field
23of mental health.
24    (c) The county board may levy, in excess of the statutory
25limit and in addition to the taxes permitted under Sections
265-25003, 5-25004 and 5-25010, an additional annual tax of not

 

 

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1more than .05% of the value, as equalized or assessed by the
2Department of Revenue, of all taxable property within the
3county which tax shall be levied and collected as provided in
4Section 5-25010 but held in the County Health Fund of the
5county treasury for use for mental health purposes. These
6funds may be used to provide care and treatment in public and
7private mental health facilities.
8    (d) When a mental health program has been included in a
9county health department pursuant to this Section, the county
10board may obtain the authority to levy a tax for mental health
11purposes in addition to the tax authorized by the preceding
12paragraphs of this Section but not in excess of an additional
13.05% of the value, as equalized or assessed by the Department
14of Revenue, of all taxable property in the county by following
15the procedure set out in Section 5-25003 except that the
16proposition shall be in substantially the following form:
17----
18    Shall.... county levy, in excess
19of the statutory limit, an additional        YES
20annual tax of not to exceed .05% for    ---------------------
21use for mental health purposes by the        NO
22county health department?
23 --------------------------------------------------------
24    If the majority of all the votes cast on the proposition in
25the county is in favor thereof, the county board shall levy
26such tax annually. The levy and collection of this tax shall be

 

 

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1as provided in Section 5-25010 but the tax shall be held in the
2County Health Fund of the county treasury for use, with that
3levied pursuant to paragraph (c), for mental health purposes.
4(Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.)
 
5    Section 30. The Community Mental Health Act is amended by
6changing Section 7 as follows:
 
7    (405 ILCS 20/7)  (from Ch. 91 1/2, par. 307)
8    Sec. 7. When the petition provided for in Section 6 is
9presented to the clerk of the governmental unit requesting the
10establishment and maintenance of such mental health facilities
11and services for residents of the community and the levy of
12such an annual tax therefor, the clerk of the governmental
13unit shall certify to the proper election officials the
14proposition for the levy of such tax which shall be submitted
15at a regular election in accordance with the general election
16law. The proposition shall be in substantially the following
17form:
18--------------------------------------------------------
19    Shall....................
20(governmental unit) establish and
21maintain community mental health           YES
22facilities and services including
23facilities and services for the        ----------------------
24person with a developmental

 

 

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1disability or a substance                  NO
2use disorder and levy therefor an
3annual tax of not to exceed .15%?
4-------------------------------------------------------------
5    In addition to certification of the question, the clerk of
6the governmental unit shall prepare and submit to the proper
7elected officials the following language which shall have
8printed thereon, but not as part of the proposition submitted,
9only the following supplemental information (which shall be
10supplied to the election authority by the taxing district) in
11substantially the following form:
12        (1) The approximate amount of taxes extendable at the
13    most recently extended limiting rate is $...., and the
14    approximate amount of taxes extendable if the proposition
15    is approved is $....
16        (2) For the .... (insert the first levy year for which
17    the new rate or increase limiting rate will be applicable)
18    levy year the approximate amount of the additional tax
19    extendable against property containing a single family
20    residence and having a fair market value at the time of the
21    referendum of $100,000 is estimated to be $....
22    If a proposition contains the language in substantially
23the form provided in paragraphs (1) and (2), the referendum is
24valid notwithstanding any other provision of the law.
25Notwithstanding any provision of this Section, any referendum
26imposing an annual tax on or after January 1, 1994 and prior to

 

 

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1the effective date of this amendatory Act of the 103rd General
2Assembly that complies with this Section is hereby validated.
3    If a majority of all the votes cast upon the proposition
4are in favor thereof, the governing body of such governmental
5unit shall establish and maintain such community mental health
6facilities and services and shall annually levy such tax.
7Thereafter, the governing body shall in the annual
8appropriation bill appropriate from such funds such sum or
9sums of money as may be deemed necessary, based upon the
10community mental health board's budget, the board's annual
11mental health report, and the board's plan to defray necessary
12expenses and liabilities in providing for such community
13mental health facilities and services.
14    Nothing in this Section prevents a governmental unit from
15levying less than the amount approved by the voters via
16referendum in any given year or varying the amount levied from
17year to year as approved by the governmental unit.
18(Source: P.A. 103-592, eff. 6-7-24.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.