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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Community Mental Health Act is amended by | ||||||
5 | changing Sections 1, 2, 3a, 3e, 3f, 4, 5, 6, 7, 9, 10, and 11 as | ||||||
6 | follows:
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7 | (405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
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8 | Sec. 1. As used in this Act:
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9 | "Direct recipient services" means only those services | ||||||
10 | required to carry out a completed individualized treatment plan | ||||||
11 | that is signed by a service recipient or legal guardian. Crisis | ||||||
12 | assessment and stabilization services are excluded, although | ||||||
13 | these services may be anticipated in a treatment plan. | ||||||
14 | (a) " Governmental governmental unit" means any county, | ||||||
15 | city, village, incorporated
town, or township . ;
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16 | "Person (b) "person with a developmental disability" means | ||||||
17 | any person or persons so
diagnosed and as defined in the Mental | ||||||
18 | Health and Developmental Disabilities
Code . Community mental | ||||||
19 | health boards operating under this Act may in their | ||||||
20 | jurisdiction, by a majority vote, add to the definition of | ||||||
21 | "person with a developmental disability". ;
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22 | "Mental illness" has the meaning ascribed to that term in | ||||||
23 | the Mental Health and Developmental Disabilities Code. |
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1 | Community mental health boards operating under this Act may in | ||||||
2 | their jurisdiction, by a majority vote, add to the definition | ||||||
3 | of "mental illness". | ||||||
4 | "Substance use disorder" encompasses substance abuse, | ||||||
5 | dependence, and addiction, not inconsistent with federal or | ||||||
6 | State definitions. | ||||||
7 | (c) "substance abuse" means the excessive use of alcohol, | ||||||
8 | addiction to a
controlled substance, or the habitual use of | ||||||
9 | cannabis.
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10 | (Source: P.A. 88-380.)
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11 | (405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
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12 | Sec. 2. Any county, city, village, incorporated town, | ||||||
13 | township,
public health district, county health department, | ||||||
14 | multiple-county health
department, school district or any | ||||||
15 | combination thereof, in consultation
with and being advised by | ||||||
16 | the Department of Human Services,
shall
have the power to | ||||||
17 | construct, repair, operate, maintain and regulate
community | ||||||
18 | mental health facilities to provide mental health services as
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19 | defined by the local community mental health board, including | ||||||
20 | services
for, persons with a developmental disability or | ||||||
21 | substance use disorder and for the substance abuser , for
| ||||||
22 | residents thereof and/or to contract therefor with any private | ||||||
23 | or public
entity which provides such facilities and services, | ||||||
24 | either in or without
such county, city, village, incorporated | ||||||
25 | town, township, public health
district, county health |
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1 | department, multiple-county health department,
school district | ||||||
2 | or any combination thereof.
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3 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| ||||||
4 | (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
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5 | Sec. 3a. Every governmental unit authorized to levy an | ||||||
6 | annual tax
under any of the provisions of this Act shall, | ||||||
7 | before it may levy such
tax, establish a 7 member community | ||||||
8 | mental health board who shall
administer this Act. Such board | ||||||
9 | shall be appointed by the chairman of
the governing body of a | ||||||
10 | county, the mayor of a city, the president of a
village, the | ||||||
11 | president of an incorporated town, or the supervisor of a
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12 | township, as the case may be, with the advice and consent of | ||||||
13 | the
governing body of such county, city, village, incorporated | ||||||
14 | town or the
town board of trustees of any township. Members of | ||||||
15 | the community mental
health board shall be residents of the | ||||||
16 | government unit and, as nearly as
possible, be representative | ||||||
17 | of interested groups of the community such
as local health | ||||||
18 | departments, medical societies, local comprehensive
health | ||||||
19 | planning agencies, hospital boards, lay associations concerned
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20 | with mental health, developmental disabilities and substance | ||||||
21 | abuse, as well as
the general public. Only one member shall be | ||||||
22 | a member of the governing body.
The chairman of the governing | ||||||
23 | body may, upon the request of the community
mental health | ||||||
24 | board, appoint 2 additional members to the community mental
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25 | health board. No member of the community mental health board |
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1 | may be a
full-time or part-time employee of the Department of | ||||||
2 | Human Services or a board member, employee or any other | ||||||
3 | individual
receiving compensation from any facility or service
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4 | operating under contract to the board ;
except that unpaid | ||||||
5 | members of the board of directors of any
not-for-profit | ||||||
6 | corporation operating under contract to community mental
| ||||||
7 | health boards of 2 adjacent counties established prior to 1979 | ||||||
8 | may also be
members of such community mental health boards . If | ||||||
9 | a successful referendum is
held under Section 5 of this Act, | ||||||
10 | all members of such board shall be
appointed within 60 days of | ||||||
11 | the referendum.
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12 | Home rule units are exempt from this Act. However, they | ||||||
13 | may, by
ordinance, adopt the provisions of this Act, or any | ||||||
14 | portion thereof,
that they may deem advisable.
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15 | The tax rate set forth in Section 4 may be levied by any
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16 | non-home rule unit only pursuant to the approval by the voters | ||||||
17 | at a
referendum. Such referendum may have been held at any time | ||||||
18 | subsequent to the
effective date of the Community Mental Health | ||||||
19 | Act.
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20 | (Source: P.A. 89-507, eff. 7-1-97.)
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21 | (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
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22 | Sec. 3e. Board's powers and duties.
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23 | (1) Every community mental health board shall, immediately
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24 | after appointment, meet and organize, by the election of one of | ||||||
25 | its
number as president and one as secretary and such other |
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1 | officers as it
may deem necessary. It shall make rules and | ||||||
2 | regulations concerning the
rendition or operation of services | ||||||
3 | and facilities which it directs,
supervises or funds, not | ||||||
4 | inconsistent with the provisions of this Act or
with the rules | ||||||
5 | and regulations of the Department of Human Services . It shall:
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6 | (a) Hold a meeting prior to July 1 of each year at | ||||||
7 | which officers
shall be elected for the ensuing year | ||||||
8 | beginning July 1;
| ||||||
9 | (b) Hold meetings at least quarterly;
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10 | (c) Hold special meetings upon a written request signed | ||||||
11 | by at least
2 members and filed with the secretary;
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12 | (d) Review and evaluate community mental health | ||||||
13 | services and
facilities, including services and facilities | ||||||
14 | for the treatment of
alcoholism, drug addiction, | ||||||
15 | developmental disabilities and mental
retardation;
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16 | (e) Authorize the disbursement of money from the | ||||||
17 | community mental health fund for payment for the ordinary | ||||||
18 | and contingent expenses of the board;
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19 | (f) (e) Submit to the appointing officer and , the | ||||||
20 | members of the governing
body , the Department of Human | ||||||
21 | Services, and the Health Systems
Agency a written plan for | ||||||
22 | a program of community mental health services and
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23 | facilities including programs for persons adjudicated | ||||||
24 | delinquent minors
under the Juvenile Court Act or the | ||||||
25 | Juvenile Court Act of 1987 who are
found to be persons with | ||||||
26 | mental illness, for persons with a mental illness, a |
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1 | developmental
disability , or a substance use disorder and | ||||||
2 | for the substance abuser . Such plan shall be for the | ||||||
3 | ensuing 12
month period. In addition, a plan shall be | ||||||
4 | developed for the ensuing 3 year
period and such plan shall | ||||||
5 | be reviewed at the end of every 12 month period and
shall | ||||||
6 | be modified as deemed advisable. The basic components of | ||||||
7 | such plans
shall be consistent with the regulations of the | ||||||
8 | Department of Human
Services.
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9 | (g) (f) Within amounts appropriated therefor, execute | ||||||
10 | such programs and
maintain such services and facilities as | ||||||
11 | may be authorized under such
appropriations, including | ||||||
12 | amounts appropriated under bond issues, if any;
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13 | (h) (g) Publish the The board shall cause the | ||||||
14 | publication of its annual budget and report
within 120 60 | ||||||
15 | days after the end of the fiscal year in a newspaper | ||||||
16 | distributed published
within the jurisdiction of the | ||||||
17 | board, or, if no newspaper is published
within the | ||||||
18 | jurisdiction of the board, then one published in the | ||||||
19 | county,
or, if no newspaper is published in the county, | ||||||
20 | then in a newspaper
having general circulation within the | ||||||
21 | jurisdiction of the board. The
report shall show the | ||||||
22 | condition of its trust of that year, the sums of
money | ||||||
23 | received from all sources, giving the name of any donor, | ||||||
24 | how all
monies have been expended and for what purpose, and | ||||||
25 | such other
statistics and program information in regard to | ||||||
26 | the work of the board as
it may deem of general interest. A |
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1 | copy of the budget and the annual
report shall be made | ||||||
2 | available also be sent to the Department of Human Services | ||||||
3 | and to the regional Health Systems Agency and to members
of | ||||||
4 | the General Assembly whose districts include any part of | ||||||
5 | the
jurisdiction of such board. The names of all employees, | ||||||
6 | consultants, and
other personnel shall be set forth along | ||||||
7 | with the amounts of money received;
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8 | (i) (h) Consult with other appropriate local private | ||||||
9 | and public agencies
and the Department of Human Services in
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10 | the development of local plans for the most efficient | ||||||
11 | delivery of mental
health, developmental disabilities, | ||||||
12 | alcoholism and substance use disorder abuse services. The | ||||||
13 | Board is authorized
to join and to participate in the | ||||||
14 | activities of associations organized for
the purpose of | ||||||
15 | promoting more efficient and effective services and | ||||||
16 | programs;
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17 | (j) (i) Have the authority to review Review and comment | ||||||
18 | on all applications for grants by any person,
corporation, | ||||||
19 | or governmental unit providing services within the
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20 | geographical area of the board which provides mental health | ||||||
21 | facilities
and services, when such facilities and services | ||||||
22 | are included in the
board's one-year and 3-year plans, | ||||||
23 | including services for the person with a
mental illness, a | ||||||
24 | developmental disability , or a substance use disorder and | ||||||
25 | the substance abuser . The board may require funding | ||||||
26 | applicants to Grant applicants
shall send a copy of their |
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1 | funding grant application to the board at the time
such | ||||||
2 | application is submitted to the Department of Human | ||||||
3 | Services or to any other local, State or federal funding | ||||||
4 | source or
governmental agency. Within 60 days of the | ||||||
5 | receipt of any application, the
board shall submit its | ||||||
6 | review and comments to the Department of Human
Services or | ||||||
7 | to any other appropriate local, State
or federal funding | ||||||
8 | source or governmental agency. A copy of the review and
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9 | comments shall be submitted both to the funding grant | ||||||
10 | applicant and to the regional
Health Systems Agency . Within | ||||||
11 | 60 days thereafter, the Department of
Human Services or any | ||||||
12 | other appropriate
local or State governmental agency shall | ||||||
13 | issue a written response to
the board and the funding | ||||||
14 | applicant , to the grant applicant and to the federal Health | ||||||
15 | Systems
Agency . The Department of Human Services shall | ||||||
16 | supply
any community mental health board such information | ||||||
17 | about
purchase-of-care funds, State facility utilization, | ||||||
18 | and costs in its
geographical area as the board may request | ||||||
19 | provided that the information
requested is for the purpose | ||||||
20 | of the Community Mental Health Board
complying with the | ||||||
21 | requirements of Section 3f 3 e , subsection (f) (e) of this | ||||||
22 | Act;
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23 | (k) (j) Perform such other acts as may be necessary or | ||||||
24 | proper to carry
out the purposes of this Act , if not | ||||||
25 | inconsistent with the regulations
of the Department of | ||||||
26 | Human Services .
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1 | (2) The community mental health board has the following | ||||||
2 | powers:
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3 | (a) The board may enter into multiple-year contracts | ||||||
4 | for rendition
or operation of services,
facilities and | ||||||
5 | educational programs.
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6 | (b) The board may arrange through intergovernmental | ||||||
7 | agreements or intragovernmental agreements or both for the | ||||||
8 | rendition of services and operation
of
facilities by other | ||||||
9 | agencies or departments of the governmental unit or county | ||||||
10 | in which
the governmental unit is located with the approval | ||||||
11 | of the governing
body.
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12 | (c) To The board may employ , establish compensation | ||||||
13 | for, and set policies for its such personnel, including | ||||||
14 | legal counsel, as
may be
necessary to carry out the | ||||||
15 | purposes of this Act and prescribe the duties thereof of | ||||||
16 | and
establish salaries and provide other compensation for | ||||||
17 | such personnel . The
board may enter into multiple-year | ||||||
18 | employment contracts as may be
necessary for the | ||||||
19 | recruitment and retention of personnel and the proper
| ||||||
20 | functioning of the board.
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21 | (d) The board may enter into multiple-year joint | ||||||
22 | agreements,
which shall be written, with other
contiguous | ||||||
23 | mental health boards and boards of health to provide | ||||||
24 | jointly
agreed upon community mental health facilities and | ||||||
25 | services and to pool
such funds as may be deemed necessary | ||||||
26 | and available for this purpose.
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1 | (e) The board may organize a not-for-profit | ||||||
2 | corporation for the purpose of
providing direct recipient | ||||||
3 | services. Such corporations shall have, in addition
to all | ||||||
4 | other lawful powers, the power to contract with persons to | ||||||
5 | furnish
services for recipients of the corporation's | ||||||
6 | facilities, including
psychiatrists and other physicians | ||||||
7 | licensed in this State to practice medicine
in all of its | ||||||
8 | branches. Such physicians shall be considered independent
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9 | contractors, and liability for any malpractice shall not | ||||||
10 | extend to such
corporation, nor to the community mental | ||||||
11 | health board, except for gross
negligence in entering into | ||||||
12 | such a contract.
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13 | (f) The board shall not operate any direct recipient | ||||||
14 | services for more
than
a 2-year period when such services | ||||||
15 | are being provided in the governmental unit,
but shall | ||||||
16 | encourage, by financial support, the development of | ||||||
17 | private agencies
to deliver such needed services, pursuant | ||||||
18 | to regulations of the board.
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19 | (g) Where there are multiple boards within the same | ||||||
20 | planning area, as
established by the Department of Human | ||||||
21 | Services, services
may be purchased through a single | ||||||
22 | delivery system. In such areas, a
coordinating body with | ||||||
23 | representation from each board shall be established to
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24 | carry out the service functions of this Act. In the event | ||||||
25 | any such coordinating
body purchases or improves real | ||||||
26 | property, such body shall first obtain the
approval of the |
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1 | governing bodies of the governmental units in which the
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2 | coordinating body is located.
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3 | (h) The board may enter into multiple-year joint | ||||||
4 | agreements with
other governmental units
located within | ||||||
5 | the geographical area of the board. Such agreements
shall | ||||||
6 | be written and shall provide for the rendition of services | ||||||
7 | by the
board to the residents of such governmental units.
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8 | (i) The board may enter into multiple-year joint | ||||||
9 | agreements with federal, State, and local governments, | ||||||
10 | including
the Department of Human Services ,
whereby the | ||||||
11 | board will provide certain
services , the costs of which | ||||||
12 | shall be negotiated between the Department
and the board . | ||||||
13 | This provision shall not be construed to limit the
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14 | authority of the board to contract with other federal, | ||||||
15 | State and local
agencies . All such joint agreements must | ||||||
16 | provide for the exchange of
relevant data. However, nothing | ||||||
17 | in this Act shall be construed to permit
the abridgement of | ||||||
18 | the confidentiality of patient records.
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19 | (j) The board may receive gifts from private sources | ||||||
20 | for purposes not
inconsistent
with the provisions of this | ||||||
21 | Act.
| ||||||
22 | (k) The board may receive Federal, State and local | ||||||
23 | funds for purposes
not inconsistent with the provisions of | ||||||
24 | this Act.
| ||||||
25 | (l) The board may establish scholarship programs. Such | ||||||
26 | programs shall
require
equivalent
service or reimbursement |
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1 | pursuant to regulations of the board.
| ||||||
2 | (m) The board may sell, rent, or lease real property | ||||||
3 | for purposes
consistent with this
Act.
| ||||||
4 | (n) The board may: (i) own real property, lease real | ||||||
5 | property as lessee,
or
acquire real property by purchase, | ||||||
6 | construction, lease-purchase agreement, or
otherwise; (ii) | ||||||
7 | take title to the property in the board's name; (iii) | ||||||
8 | borrow
money and issue debt instruments, mortgages, | ||||||
9 | purchase-money mortgages, and
other security instruments | ||||||
10 | with respect to the property; and (iv) maintain,
repair, | ||||||
11 | remodel, or improve the property. All of these activities | ||||||
12 | must be for
purposes consistent with this Act as may be | ||||||
13 | reasonably necessary for the
housing and proper | ||||||
14 | functioning of the board. The board may use moneys in the
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15 | Community Mental Health Fund for these purposes.
| ||||||
16 | (o) The board may organize a not-for-profit | ||||||
17 | corporation (i) for the
purpose of raising money to be | ||||||
18 | distributed by the board for providing community
mental | ||||||
19 | health services and facilities for the treatment of | ||||||
20 | alcoholism, drug
addiction, developmental disabilities, | ||||||
21 | and mental retardation or (ii) for
other purposes not | ||||||
22 | inconsistent with this Act.
| ||||||
23 | (Source: P.A. 92-552, eff. 6-24-02.)
| ||||||
24 | (405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f)
| ||||||
25 | Sec. 3f. Annually, each community mental health board shall |
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1 | prepare and submit , for informational purposes in the | ||||||
2 | appropriations process,
to the appointing officer and | ||||||
3 | governing body referred to in Section 3a:
(a) an annual budget | ||||||
4 | showing the estimated receipts and intended
disbursements | ||||||
5 | pursuant to this Act for the fiscal year immediately
following | ||||||
6 | the date the budget is submitted, which date must be at least
| ||||||
7 | 30 days prior to the start of the fiscal year, and (b) an | ||||||
8 | annual report
detailing the income received and disbursements | ||||||
9 | made pursuant to this
Act during the fiscal year just preceding | ||||||
10 | the date the annual report is
submitted, which date must be | ||||||
11 | within 90 60 days of the close of that fiscal
year. Such report | ||||||
12 | shall also include those matters set forth in Section
8 of this | ||||||
13 | Act.
| ||||||
14 | (Source: P.A. 81-898.)
| ||||||
15 | (405 ILCS 20/4) (from Ch. 91 1/2, par. 304)
| ||||||
16 | Sec. 4. In order to provide the necessary funds or to | ||||||
17 | supplement
existing funds for such community mental health | ||||||
18 | facilities and services,
including facilities and services for | ||||||
19 | the person with a developmental
disability or a substance use | ||||||
20 | disorder and the substance abuser , the governing body of any | ||||||
21 | governmental
unit, subject to the provisions of Section 5, may | ||||||
22 | levy an annual tax of not to
exceed .15% upon all of the | ||||||
23 | taxable property in such governmental unit at the
value | ||||||
24 | thereof, as equalized or assessed by the Department of Revenue. | ||||||
25 | Such tax
shall be levied and collected in the same manner as |
| |||||||
| |||||||
1 | other governmental unit
taxes, but shall not be included in any | ||||||
2 | limitation otherwise prescribed as to
the rate or amount of | ||||||
3 | governmental unit taxes, but shall be in addition thereto
and | ||||||
4 | in excess thereof.
| ||||||
5 | When collected, such tax shall be paid into a special fund | ||||||
6 | to be
designated as the "Community Mental Health Fund" which | ||||||
7 | shall, upon
authorization by the appropriate governmental | ||||||
8 | unit, be administered by
the community mental health board and | ||||||
9 | used only for the purposes
specified in this Act. Nothing | ||||||
10 | contained herein shall in any way
preclude the use of other | ||||||
11 | funds available for such purposes under any
existing Federal, | ||||||
12 | State or local statute. Interest earned from moneys
deposited | ||||||
13 | in this Fund shall only be used for purposes which are
| ||||||
14 | authorized by this Act.
| ||||||
15 | In any city, village, incorporated town, or township which | ||||||
16 | levies a
tax for the purpose of providing community mental | ||||||
17 | health facilities and
services and part or all of such city, | ||||||
18 | village, incorporated town, or
township is in a county or | ||||||
19 | township, as the case may be, which levies a
tax to provide | ||||||
20 | community mental health facilities and services under the
| ||||||
21 | provisions of this Act, such county or township, as the case | ||||||
22 | may be,
shall pay to such city, village, incorporated town, or | ||||||
23 | township, as the
case may be, the entire amount collected from | ||||||
24 | taxes under this Section
on property subject to a tax which any | ||||||
25 | city, village, incorporated town,
or township thereof levies to | ||||||
26 | provide community mental health facilities
and services.
|
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| |||||||
1 | Whenever any city, village, incorporated town, or township | ||||||
2 | receives
any payments from a county or township as provided | ||||||
3 | above, such city,
village, incorporated town, or township shall | ||||||
4 | reduce and abate from the
tax levied by the authority of this | ||||||
5 | Section a rate which would produce
an amount equal to the | ||||||
6 | amount received from such county or township.
| ||||||
7 | (Source: P.A. 88-380.)
| ||||||
8 | (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
| ||||||
9 | Sec. 5. When the governing body of a governmental unit | ||||||
10 | passes a
resolution as provided in Section 4 asking that an | ||||||
11 | annual tax may be
levied for the purpose of providing such | ||||||
12 | mental health facilities and
services, including facilities | ||||||
13 | and services for the person with a
developmental disability or | ||||||
14 | a substance use disorder and the substance abuser , in the | ||||||
15 | community and so
instructs the clerk of the governmental unit | ||||||
16 | such clerk shall certify the
proposition to the proper election | ||||||
17 | officials for submission at a regular
election in accordance | ||||||
18 | with the general election law. The proposition shall be
in the | ||||||
19 | following form:
| ||||||
20 | -------------------------------------------------------------
| ||||||
21 | Shall............ (governmental
| ||||||
22 | unit) levy an annual tax of not to YES
| ||||||
23 | exceed .15% for the purpose of providing
| ||||||
24 | community mental health facilities and ---------------
| ||||||
25 | services including facilities and services
|
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| |||||||
1 | for the person with a developmental NO
| ||||||
2 | disability or a substance use disorder
| ||||||
3 | and the substance abuser ?
| ||||||
4 | -------------------------------------------------------------
| ||||||
5 | If a majority of all the votes cast upon the proposition | ||||||
6 | are for the
levy of such tax, the governing governmental body | ||||||
7 | of such governmental unit shall
thereafter annually levy a tax | ||||||
8 | not to exceed the rate set forth in
Section 4. Thereafter, the | ||||||
9 | governing body shall in the annual
appropriation bill | ||||||
10 | appropriate from such funds such sum or sums of money
as may be | ||||||
11 | deemed necessary, based upon the community mental health
| ||||||
12 | board's budget, the board's annual mental health report, and | ||||||
13 | the local
mental health plan to defray necessary expenses and | ||||||
14 | liabilities in
providing for such community mental health | ||||||
15 | facilities and services.
| ||||||
16 | (Source: P.A. 88-380 .)
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17 | (405 ILCS 20/6) (from Ch. 91 1/2, par. 306)
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18 | Sec. 6. Whenever the governing body of any governmental | ||||||
19 | unit has
not provided the community mental health facilities | ||||||
20 | and services
provided in Section 2 and levied the tax provided | ||||||
21 | in Section 4 and a
petition signed by electors of the | ||||||
22 | governmental unit equal in number to
at least 10% of the total | ||||||
23 | votes cast for the office which received the greatest
total | ||||||
24 | number of votes at the last preceding general governmental unit | ||||||
25 | election
is presented to the clerk of the governmental unit |
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1 | requesting the establishment
and maintenance of such community | ||||||
2 | mental health facilities and services,
including facilities | ||||||
3 | and services for the person with a developmental
disability or | ||||||
4 | a substance use disorder and the substance abuser , for | ||||||
5 | residents
thereof and the levy of such an annual tax therefor, | ||||||
6 | the governing body
of the governmental unit, subject to the | ||||||
7 | provisions of Section 7, shall
establish and maintain such | ||||||
8 | community mental health facilities and
services and shall levy | ||||||
9 | such an annual tax of not to exceed .15% upon
all of the | ||||||
10 | taxable property in such governmental unit at the value
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11 | thereof, as equalized or assessed by the Department of Revenue. | ||||||
12 | Such tax
shall be levied and collected in the same manner as
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13 | other governmental unit taxes, but shall not be included in any
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14 | limitation otherwise prescribed as to the rate or amount of | ||||||
15 | governmental
unit taxes, but shall be in addition thereto and | ||||||
16 | in excess thereof.
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17 | When collected, such tax shall be paid into a special fund | ||||||
18 | to be
designated as the "Community Mental Health Fund" which | ||||||
19 | shall, upon
authorization by the appropriate governmental | ||||||
20 | unit, be administered by
the community mental health board and | ||||||
21 | used only for the purposes
specified in this Act. Nothing | ||||||
22 | contained herein shall in any way
preclude the use of other | ||||||
23 | funds available for such purposes under any
existing Federal, | ||||||
24 | State or local statute. Interest earned from moneys
deposited | ||||||
25 | in this Fund shall only be used for purposes which are
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26 | authorized by this Act.
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1 | In any city, village, incorporated town, or township which | ||||||
2 | levies a
tax for the purpose of providing community mental | ||||||
3 | health facilities and
services and part or all of such city, | ||||||
4 | village, incorporated town, or
township is in a county or | ||||||
5 | township, as the case may be, which levies a
tax to provide | ||||||
6 | community mental health facilities and services under the
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7 | provisions of this Act, such county or township, as the case | ||||||
8 | may be,
shall pay to such city, village, incorporated town, or | ||||||
9 | township, as the
case may be, the entire amount collected from | ||||||
10 | taxes under this Section
on property subject to a tax which any | ||||||
11 | city, village, incorporated town,
or township thereof levies to | ||||||
12 | provide community mental health facilities
and services.
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13 | Whenever any city, village, incorporated town, or township | ||||||
14 | receives
any payments from a county or township as provided | ||||||
15 | above, such city,
village, incorporated town, or township shall | ||||||
16 | reduce and abate from the
tax levied by the authority of this | ||||||
17 | Section a rate which would produce
an amount equal to the | ||||||
18 | amount received from such county or township.
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19 | (Source: P.A. 88-380.)
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20 | (405 ILCS 20/7) (from Ch. 91 1/2, par. 307)
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21 | Sec. 7. When the petition provided for in Section 6 is | ||||||
22 | presented to
the clerk of the governmental unit requesting the | ||||||
23 | establishment and
maintenance of such mental health facilities | ||||||
24 | and services for residents
of the community and the levy of | ||||||
25 | such an annual tax therefor, the clerk
of the governmental unit |
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1 | shall certify to the proper election officials
the proposition | ||||||
2 | for the levy of such tax which shall be submitted at a regular
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3 | election in accordance with the general election law. The | ||||||
4 | proposition shall be
in substantially the following form:
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5 | -------------------------------------------------------------
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6 | Shall....................
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7 | (governmental unit) establish and
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8 | maintain community mental health YES
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9 | facilities and services including
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10 | facilities and services for the ----------------------
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11 | person with a developmental
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12 | disability or a substance NO
| ||||||
13 | use disorder and the substance
| ||||||
14 | abuser and levy therefor an annual
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15 | tax of not to exceed .15%?
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16 | -------------------------------------------------------------
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17 | If a majority of all the votes cast upon the proposition | ||||||
18 | are in favor
thereof, the governing governmental body of such | ||||||
19 | governmental unit shall establish
and maintain such community | ||||||
20 | mental health facilities and services and
shall annually levy | ||||||
21 | such tax. Thereafter, the governing body shall in
the annual | ||||||
22 | appropriation bill appropriate from such funds such sum or
sums | ||||||
23 | of money as may be deemed necessary, based upon the community
| ||||||
24 | mental health board's budget, the board's annual mental health | ||||||
25 | report,
and the board's plan to defray necessary expenses and | ||||||
26 | liabilities in
providing for such community mental health |
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1 | facilities and services.
| ||||||
2 | (Source: P.A. 88-380 .)
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3 | (405 ILCS 20/9) (from Ch. 91 1/2, par. 309)
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4 | Sec. 9. Whenever electors, equal in number to at least 10% | ||||||
5 | of the
total votes cast for the office on which the greatest | ||||||
6 | total number of
votes were cast at the last preceding general | ||||||
7 | governmental unit
election, of a governmental unit which has | ||||||
8 | adopted the taxing provisions
of this Act, present a petition | ||||||
9 | to the clerk of the governmental unit,
requesting that the | ||||||
10 | levying of a tax annually in such governmental unit
for the | ||||||
11 | purpose of providing community mental health facilities and
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12 | services be discontinued, the clerk shall certify the | ||||||
13 | proposition to the
proper election officials for submission at | ||||||
14 | a regular election in accordance
with the general election law. | ||||||
15 | The proposition shall be substantially in
the following form:
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16 | -------------------------------------------------------------
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17 | Shall.... (governmental unit)
| ||||||
18 | discontinue the levying of an annual tax for YES
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19 | the purpose of providing community mental
| ||||||
20 | health facilities and services including ----------------
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21 | facilities and services for the
| ||||||
22 | person with a developmental disability NO
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23 | or a substance use disorder and
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24 | the substance abuser ?
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25 | -------------------------------------------------------------
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1 | If a majority of all the votes cast upon the proposition | ||||||
2 | are for the
discontinuance of the levying of such tax, the | ||||||
3 | governing body of the
governmental unit shall not thereafter | ||||||
4 | levy such a tax unless a
proposition authorizing such levy | ||||||
5 | again receives a majority of all the
votes cast upon the | ||||||
6 | proposition as provided in Sections 5 and 7 of this Act.
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7 | (Source: P.A. 88-380 .)
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8 | (405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
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9 | Sec. 10. Whenever the board and the governing body of a | ||||||
10 | governmental unit by
resolution determines that it is necessary | ||||||
11 | to issue bonds of the governmental
unit to enable it to provide | ||||||
12 | buildings for or to make permanent improvements in
the | ||||||
13 | community mental health facilities, including facilities for | ||||||
14 | the person
with a developmental disability or a substance use | ||||||
15 | disorder and the substance abuser , the governing body
shall so | ||||||
16 | instruct the clerk of the governmental unit. Thereupon, such | ||||||
17 | clerk
shall certify the proposition to the proper election | ||||||
18 | officials who shall submit
the proposition at a regular | ||||||
19 | election in accordance with the general election
law. However, | ||||||
20 | before such resolution is adopted, a report must be filed with
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21 | the board and the governing body by the Department of Human | ||||||
22 | Services and the
regional Health Systems Agency as to the | ||||||
23 | advisability of any
proposed building or of any proposed | ||||||
24 | permanent improvements in existing
facilities.
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25 | (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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1 | (405 ILCS 20/11) (from Ch. 91 1/2, par. 311)
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2 | Sec. 11. The proposition pursuant to Section 10 shall be in | ||||||
3 | the following
form:
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4 | -------------------------------------------------------------
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5 | Shall the.... (governmental unit) issue
| ||||||
6 | bonds to the amount of.... dollars for the
| ||||||
7 | purpose of enabling the governmental unit YES
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8 | to.... (purpose to be stated, which shall
| ||||||
9 | be either to provide buildings for or to ----------------
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10 | make permanent improvements in the community
| ||||||
11 | mental health facilities including facilities NO
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12 | for the person with a developmental
| ||||||
13 | disability or a substance use disorder
| ||||||
14 | and the substance abuser )?
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15 | -------------------------------------------------------------
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16 | In case a majority of the votes cast upon the propositions | ||||||
17 | shall be
in favor of the issuance of such bonds , ; the governing | ||||||
18 | body of the
governmental unit shall issue the bonds of the | ||||||
19 | governmental unit not
exceeding the amount authorized at the | ||||||
20 | referendum. Such bonds shall become
due not more than 40 years | ||||||
21 | after their date, shall be in denominations
of $100 or any | ||||||
22 | multiple thereof, and shall bear interest, evidenced by
| ||||||
23 | coupons, payable semi-annually, as shall be determined by the | ||||||
24 | governing body.
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25 | (Source: P.A. 88-380 .)
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1 | (405 ILCS 20/8.5 rep.)
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2 | Section 10. The Community Mental Health Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | repealing Section 8.5.
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4 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | becoming law.
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