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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 or on the 2025 consolidated |
12 | | election ballots in the same township where a community mental |
13 | | health public question was approved on the 2022 general |
14 | | election ballot. |
15 | | (Source: P.A. 103-565, eff. 11-17-23.) |
16 | | Section 10. The Property Tax Code is amended by changing |
17 | | Sections 15-125 and 18-103 and by adding Section 18-184.21 as |
18 | | follows: |
19 | | (35 ILCS 200/15-125) |
20 | | Sec. 15-125. Parking areas. |
21 | | (a) Parking areas, not leased or used for profit other |
22 | | than those lease or rental agreements subject to subsection |
23 | | (b) of this Section, when used as a part of a use for which an |
24 | | exemption is provided by this Code and owned by any school |
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1 | | district, non-profit hospital, school, or religious or |
2 | | charitable institution which meets the qualifications for |
3 | | exemption, are exempt. |
4 | | (b) Parking areas owned by any religious institution that |
5 | | meets the qualifications for exemption, when leased or rented |
6 | | to a mass transportation entity for the limited free parking |
7 | | of the commuters of the mass transportation entity, are |
8 | | exempt. |
9 | | (c) Parking areas owned by any religious institution that |
10 | | meets the qualifications for exemption, when leased or rented |
11 | | to a municipality for the purpose of providing free public |
12 | | parking, are exempt, so long as the lease is for no more than |
13 | | nominal consideration. For purposes of this Section, |
14 | | maintenance and insurance of the parking areas by the |
15 | | municipality shall be considered nominal consideration. |
16 | | (d) Parking areas that are owned by a non-profit trust |
17 | | fund, a non-profit labor union, or a 501(c)(2) entity |
18 | | controlled by a non-profit trust fund or non-profit labor |
19 | | union and that are used primarily for parking for an |
20 | | educational trade school described in Section 15-37 are |
21 | | exempt. |
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 |
25 | | Validation Law. On and after January 1, 1994 and on or before |
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1 | | the effective date of this amendatory Act of the 103rd General |
2 | | Assembly the effective date of this amendatory Act of the |
3 | | 103rd General Assembly , the provisions of the Truth in |
4 | | Taxation Law are subject to the Community Mental Health Act, |
5 | | Section 5-25025 of the Counties Code, the Community Care for |
6 | | Persons with Developmental Disabilities Act, and those |
7 | | referenda under those Acts authorizing and creating boards and |
8 | | levies. The purpose of this Section is to validate boards and |
9 | | levies created on or after January 1, 1994 and on or before the |
10 | | effective date of this amendatory Act of the 103rd General |
11 | | Assembly the effective date of this amendatory Act of the |
12 | | 103rd General Assembly that relied on conflicting referenda |
13 | | language contained in the Community Mental Health Act, the |
14 | | Counties Code, and the Community Care for Persons with |
15 | | Developmental 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 |
19 | | allocation redevelopment project area abatement. |
20 | | (a) In counties with 3,000,000 or more inhabitants, a |
21 | | non-home rule municipality may, by ordinance, order the county |
22 | | clerk to retroactively abate any portion of its tax year 2023 |
23 | | property taxes on property that is within the municipality and |
24 | | that is also located within a special service area and a |
25 | | redevelopment project area created pursuant to the Tax |
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1 | | Increment Allocation Redevelopment Act if the following |
2 | | requirements 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 |
11 | | the property pursuant to the abatement ordinance described in |
12 | | this Section and shall issue the reextended rate to the county |
13 | | treasurer. |
14 | | (c) Notwithstanding the provisions of Section 21-25, the |
15 | | county treasurer shall reissue a revised tax bill for the |
16 | | property pursuant to subsection (b), and penalties and |
17 | | interest shall be waived for a period of 30 days from the time |
18 | | the 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 |
21 | | Developmental Disabilities Act is amended by changing Section |
22 | | 1.2 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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1 | | electors. |
2 | | (a) Whenever a petition for submission to referendum by |
3 | | the electors which requests the establishment and maintenance |
4 | | of facilities or services for the benefit of its residents |
5 | | with a developmental disability and the levy of an annual tax |
6 | | not to exceed 0.1% upon all the taxable property in the |
7 | | governmental unit at the value thereof, as equalized or |
8 | | assessed by the Department of Revenue, is signed by electors |
9 | | of the governmental unit equal in number to at least 10% of the |
10 | | total votes cast for the office that received the greatest |
11 | | total number of votes at the last preceding general election |
12 | | of the governmental unit and is presented to the county clerk, |
13 | | the clerk shall certify the proposition to the proper election |
14 | | authorities for submission at the governmental unit's next |
15 | | general election. The proposition shall be in substantially |
16 | | the 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 |
4 | | are in favor thereof, such tax levy shall be authorized and the |
5 | | governmental unit shall levy a tax not to exceed the rate set |
6 | | forth in Section 1 of this Act. |
7 | | (c) If the governmental unit is also subject to the |
8 | | Property Tax Extension Limitation Law, then the proposition |
9 | | shall also comply with the Property Tax Extension Limitation |
10 | | Law. Notwithstanding any provision of this subsection, any |
11 | | referendum imposing an annual tax on or after January 1, 1994 |
12 | | and prior to the effective date of this amendatory Act of the |
13 | | 103rd General Assembly the effective date of this amendatory |
14 | | Act of the 103rd General Assembly that complies with this |
15 | | Section 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 |
18 | | Section 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 |
21 | | of any county having a population of less than 1,000,000 |
22 | | inhabitants and maintaining a county health department under |
23 | | this Division desires the inclusion of a mental health program |
24 | | in that county health department and the authority to levy the |
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1 | | tax provided for in subsection (c) of this Section, the county |
2 | | board shall certify that question to the proper election |
3 | | officials, who shall submit the proposition at an election in |
4 | | accordance with the general election law. The proposition |
5 | | shall be in substantially the following form: |
6 | | ----------------
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7 | | Shall ...........County include
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8 | | a mental health program in the YES
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9 | | county health department, and
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10 | | levy an annual tax of not to exceed ----------------------
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11 | | .05% of the value of all taxable
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12 | | property for use for mental health
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13 | | purposes by the county health NO
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14 | | department?
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15 | | ------------------------------------------------------------- |
16 | | If a majority of the electors voting at that election vote |
17 | | in favor of the proposition, the county board may include the |
18 | | mental health program in the county health department and may, |
19 | | annually, levy the additional tax for mental health purposes. |
20 | | All mental health facilities provided shall be available to |
21 | | all citizens of the county, but the county health board may |
22 | | vary any charges for services according to ability to pay. |
23 | | If the county is also subject to the Property Tax |
24 | | Extension Limitation Law, then the proposition shall also |
25 | | comply with the Property Tax Extension Limitation Law. |
26 | | Notwithstanding any provision of this Section, any referendum |
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1 | | imposing an annual tax on or after January 1, 1994 and prior to |
2 | | the effective date of this amendatory Act of the 103rd General |
3 | | Assembly the effective date of this amendatory Act of the |
4 | | 103rd General Assembly that complies with this Section is |
5 | | hereby validated. |
6 | | When the inclusion of a mental health program has been |
7 | | approved: |
8 | | (a) To the extent practicable, at least one member of the |
9 | | County Board of Health, under Section 5-25012, shall be a |
10 | | person certified by The American Board of Psychiatry and |
11 | | Neurology professionally engaged in the field of mental health |
12 | | and licensed to practice medicine in the State, unless there |
13 | | is no such qualified person in the county. |
14 | | (b) The president or chairman of the county board of |
15 | | health shall appoint a mental health advisory board composed |
16 | | of not less than 9 nor more than 15 members who have special |
17 | | knowledge and interest in the field of mental health. |
18 | | Initially, 1/3 of the board members shall be appointed for |
19 | | terms of one year, 1/3 for 2 years and 1/3 for 3 years. |
20 | | Thereafter, all terms shall be for 3 years. This advisory |
21 | | board shall meet at least twice each year and provide counsel, |
22 | | direction and advice to the county board of health in the field |
23 | | of mental health. |
24 | | (c) The county board may levy, in excess of the statutory |
25 | | limit and in addition to the taxes permitted under Sections |
26 | | 5-25003, 5-25004 and 5-25010, an additional annual tax of not |
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1 | | more than .05% of the value, as equalized or assessed by the |
2 | | Department of Revenue, of all taxable property within the |
3 | | county which tax shall be levied and collected as provided in |
4 | | Section 5-25010 but held in the County Health Fund of the |
5 | | county treasury for use for mental health purposes. These |
6 | | funds may be used to provide care and treatment in public and |
7 | | private mental health facilities. |
8 | | (d) When a mental health program has been included in a |
9 | | county health department pursuant to this Section, the county |
10 | | board may obtain the authority to levy a tax for mental health |
11 | | purposes in addition to the tax authorized by the preceding |
12 | | paragraphs of this Section but not in excess of an additional |
13 | | .05% of the value, as equalized or assessed by the Department |
14 | | of Revenue, of all taxable property in the county by following |
15 | | the procedure set out in Section 5-25003 except that the |
16 | | proposition shall be in substantially the following form: |
17 | | ----
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18 | | Shall.... county levy, in excess
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19 | | of the statutory limit, an additional YES
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20 | | annual tax of not to exceed .05% for ---------------------
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21 | | use for mental health purposes by the NO
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22 | | county health department?
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23 | | -------------------------------------------------------- |
24 | | If the majority of all the votes cast on the proposition in |
25 | | the county is in favor thereof, the county board shall levy |
26 | | such tax annually. The levy and collection of this tax shall be |
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1 | | as provided in Section 5-25010 but the tax shall be held in the |
2 | | County Health Fund of the county treasury for use, with that |
3 | | levied 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 |
6 | | changing 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 |
9 | | presented to the clerk of the governmental unit requesting the |
10 | | establishment and maintenance of such mental health facilities |
11 | | and services for residents of the community and the levy of |
12 | | such an annual tax therefor, the clerk of the governmental |
13 | | unit shall certify to the proper election officials the |
14 | | proposition for the levy of such tax which shall be submitted |
15 | | at a regular election in accordance with the general election |
16 | | law. The proposition shall be in substantially the following |
17 | | form: |
18 | | --------------------------------------------------------
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19 | | Shall....................
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20 | | (governmental unit) establish and
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21 | | maintain community mental health YES
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22 | | facilities and services including
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23 | | facilities and services for the ----------------------
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24 | | person with a developmental
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1 | | disability or a substance NO
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2 | | use disorder and levy therefor an
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3 | | annual tax of not to exceed .15%?
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4 | | ------------------------------------------------------------- |
5 | | In addition to certification of the question, the clerk of |
6 | | the governmental unit shall prepare and submit to the proper |
7 | | elected officials the following language which shall have |
8 | | printed thereon, but not as part of the proposition submitted, |
9 | | only the following supplemental information (which shall be |
10 | | supplied to the election authority by the taxing district) in |
11 | | substantially 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 |
23 | | the form provided in paragraphs (1) and (2), the referendum is |
24 | | valid notwithstanding any other provision of the law. |
25 | | Notwithstanding any provision of this Section, any referendum |
26 | | imposing an annual tax on or after January 1, 1994 and prior to |
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1 | | the effective date of this amendatory Act of the 103rd General |
2 | | Assembly that complies with this Section is hereby validated. |
3 | | If a majority of all the votes cast upon the proposition |
4 | | are in favor thereof, the governing body of such governmental |
5 | | unit shall establish and maintain such community mental health |
6 | | facilities and services and shall annually levy such tax. |
7 | | Thereafter, the governing body shall in the annual |
8 | | appropriation bill appropriate from such funds such sum or |
9 | | sums of money as may be deemed necessary, based upon the |
10 | | community mental health board's budget, the board's annual |
11 | | mental health report, and the board's plan to defray necessary |
12 | | expenses and liabilities in providing for such community |
13 | | mental health facilities and services. |
14 | | Nothing in this Section prevents a governmental unit from |
15 | | levying less than the amount approved by the voters via |
16 | | referendum in any given year or varying the amount levied from |
17 | | year 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 |
20 | | becoming law. |