Full Text of HB0909 95th General Assembly
HB0909 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0909
Introduced 2/7/2007, by Rep. Michael Tryon SYNOPSIS AS INTRODUCED: |
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Amends the Community Mental Health Act. Replaces the definition of "person with a developmental disability" with a definition of "developmental disability", and defines that term to mean a disability attributable to mental retardation, cerebral palsy, epilepsy, or autism or to any other condition that results in impairment similar to that caused by mental retardation and that requires services similar to those required by mentally retarded persons, not inconsistent with federal or State definitions. Adds a definition of "direct recipient services". Adds a definition of "mental illness". Removes the definition of "substance abuse" and adds a definition of "substance use disorder", encompassing substance abuse, dependence, and addiction, not inconsistent with federal or State definitions. Makes several changes to the powers of a community mental health board. Provides that a board shall authorize the disbursement of money from the community mental health fund for payment for the ordinary and contingent expenses of the board. Changes the time allowed for the board to publish its annual budget and report from 60 to 120 days after the end of the fiscal year and requires publication in a newspaper distributed within the jurisdiction of the board (instead of a newspaper "published" within the jurisdiction of the board). Provides that the board has the power to establish compensation and set policies for its personnel and may enter into multiple-year joint agreements with federal, State, and local governments. Changes references to "substance abuse" and "substance abuser" to "substance use disorder" and "person with a substance use disorder". Makes other changes. Effective immediately.
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A BILL FOR
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HB0909 |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| (405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
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| Sec. 1. As used in this Act:
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| "Developmental disability" means a disability attributable | 10 |
| to mental retardation, cerebral palsy, epilepsy, or autism or | 11 |
| to any other condition that results in impairment similar to | 12 |
| that caused by mental retardation and that requires services | 13 |
| similar to those required by mentally retarded persons, not | 14 |
| inconsistent with federal or State definitions. | 15 |
| "Direct recipient services" means only those services | 16 |
| required to carry out a completed individualized treatment plan | 17 |
| that is is signed by a service recipient or legal guardian. | 18 |
| Crisis assessment and stabilization services are excluded, | 19 |
| although these services may be anticipated in a treatment plan. | 20 |
| (a) " Governmental governmental unit" means any county, | 21 |
| city, village, incorporated
town, or township . ;
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| (b) "person with a developmental disability" means any | 23 |
| person or persons so
diagnosed and as defined in the Mental |
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| Health and Developmental Disabilities
Code;
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| "Mental illness" refers collectively to all mental | 3 |
| disorders, which are health conditions characterized by | 4 |
| alterations in thinking, mood, or behavior associated with | 5 |
| distress or impaired functioning, or both, not inconsistent | 6 |
| with federal or State definitions. | 7 |
| "Substance use disorder" encompasses substance abuse, | 8 |
| dependence, and addiction, not inconsistent with federal or | 9 |
| State definitions. | 10 |
| (c) "substance abuse" means the excessive use of alcohol, | 11 |
| addiction to a
controlled substance, or the habitual use of | 12 |
| cannabis.
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| (Source: P.A. 88-380.)
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| (405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
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| Sec. 2. Any county, city, village, incorporated town, | 16 |
| township,
public health district, county health department, | 17 |
| multiple-county health
department, school district or any | 18 |
| combination thereof, in consultation
with and being advised by | 19 |
| the Department of Human Services,
shall
have the power to | 20 |
| construct, repair, operate, maintain and regulate
community | 21 |
| mental health facilities to provide mental health services as
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| defined by the local community mental health board, including | 23 |
| services
for, persons with a developmental disability or | 24 |
| substance use disorder and for the substance abuser , for
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| residents thereof and/or to contract therefor with any private |
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| or public
entity which provides such facilities and services, | 2 |
| either in or without
such county, city, village, incorporated | 3 |
| town, township, public health
district, county health | 4 |
| department, multiple-county health department,
school district | 5 |
| or any combination thereof.
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| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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| (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
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| Sec. 3a. Every governmental unit authorized to levy an | 9 |
| annual tax
under any of the provisions of this Act shall, | 10 |
| before it may levy such
tax, establish a 7 member community | 11 |
| mental health board who shall
administer this Act. Such board | 12 |
| shall be appointed by the chairman of
the governing body of a | 13 |
| county, the mayor of a city, the president of a
village, the | 14 |
| president of an incorporated town, or the supervisor of a
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| township, as the case may be, with the advice and consent of | 16 |
| the
governing body of such county, city, village, incorporated | 17 |
| town or the
town board of trustees of any township. Members of | 18 |
| the community mental
health board shall be residents of the | 19 |
| government unit and, as nearly as
possible, be representative | 20 |
| of interested groups of the community such
as local health | 21 |
| departments, medical societies, local comprehensive
health | 22 |
| planning agencies, hospital boards, lay associations concerned
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| with mental health, developmental disabilities and substance | 24 |
| abuse, as well as
the general public. Only one member shall be | 25 |
| a member of the governing body.
The chairman of the governing |
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| body may, upon the request of the community
mental health | 2 |
| board, appoint 2 additional members to the community mental
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| health board. No member of the community mental health board | 4 |
| may be a
full-time or part-time employee of the Department of | 5 |
| Human Services or a board member, employee or any other | 6 |
| individual
receiving compensation from any facility or service
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| operating under contract to the board ;
except that unpaid | 8 |
| members of the board of directors of any
not-for-profit | 9 |
| corporation operating under contract to community mental
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| health boards of 2 adjacent counties established prior to 1979 | 11 |
| may also be
members of such community mental health boards . If | 12 |
| a successful referendum is
held under Section 5 of this Act, | 13 |
| all members of such board shall be
appointed within 60 days of | 14 |
| the referendum.
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| Home rule units are exempt from this Act. However, they | 16 |
| may, by
ordinance, adopt the provisions of this Act, or any | 17 |
| portion thereof,
that they may deem advisable.
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| The tax rate set forth in Section 4 may be levied by any
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| non-home rule unit only pursuant to the approval by the voters | 20 |
| at a
referendum. Such referendum may have been held at any time | 21 |
| subsequent to the
effective date of the Community Mental Health | 22 |
| Act.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
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| Sec. 3e. Board's powers and duties.
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| (1) Every community mental health board shall, immediately
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| after appointment, meet and organize, by the election of one of | 3 |
| its
number as president and one as secretary and such other | 4 |
| officers as it
may deem necessary. It shall make rules and | 5 |
| regulations concerning the
rendition or operation of services | 6 |
| and facilities which it directs,
supervises or funds, not | 7 |
| inconsistent with the provisions of this Act or
with the rules | 8 |
| and regulations of the Department of Human Services . It shall:
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| (a) Hold a meeting prior to July 1 of each year at | 10 |
| which officers
shall be elected for the ensuing year | 11 |
| beginning July 1;
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| (b) Hold meetings at least quarterly;
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| (c) Hold special meetings upon a written request signed | 14 |
| by at least
2 members and filed with the secretary;
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| (d) Review and evaluate community mental health | 16 |
| services and
facilities, including services and facilities | 17 |
| for the treatment of
alcoholism, drug addiction, | 18 |
| developmental disabilities and mental
retardation;
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| (e) Authorize the disbursement of money from the | 20 |
| community mental health fund for payment for the ordinary | 21 |
| and contingent expenses of the board;
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| (f) (e) Submit to the appointing officer and , the | 23 |
| members of the governing
body , the Department of Human | 24 |
| Services, and the Health Systems
Agency a written plan for | 25 |
| a program of community mental health services and
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| facilities including programs for persons adjudicated |
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| delinquent minors
under the Juvenile Court Act or the | 2 |
| Juvenile Court Act of 1987 who are
found to be persons with | 3 |
| mental illness, for persons with a mental illness, a | 4 |
| developmental
disability , or a substance use disorder and | 5 |
| for the substance abuser . Such plan shall be for the | 6 |
| ensuing 12
month period. In addition, a plan shall be | 7 |
| developed for the ensuing 3 year
period and such plan shall | 8 |
| be reviewed at the end of every 12 month period and
shall | 9 |
| be modified as deemed advisable. The basic components of | 10 |
| such plans
shall be consistent with the regulations of the | 11 |
| Department of Human
Services.
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| (g) (f) Within amounts appropriated therefor, execute | 13 |
| such programs and
maintain such services and facilities as | 14 |
| may be authorized under such
appropriations, including | 15 |
| amounts appropriated under bond issues, if any;
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| (h) (g) Publish the The board shall cause the | 17 |
| publication of its annual budget and report
within 120 60 | 18 |
| days after the end of the fiscal year in a newspaper | 19 |
| distributed published
within the jurisdiction of the | 20 |
| board, or, if no newspaper is published
within the | 21 |
| jurisdiction of the board, then one published in the | 22 |
| county,
or, if no newspaper is published in the county, | 23 |
| then in a newspaper
having general circulation within the | 24 |
| jurisdiction of the board. The
report shall show the | 25 |
| condition of its trust of that year, the sums of
money | 26 |
| received from all sources, giving the name of any donor, |
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| how all
monies have been expended and for what purpose, and | 2 |
| such other
statistics and program information in regard to | 3 |
| the work of the board as
it may deem of general interest. A | 4 |
| copy of the budget and the annual
report shall be made | 5 |
| available also be sent to the Department of Human Services | 6 |
| and to the regional Health Systems Agency and to members
of | 7 |
| the General Assembly whose districts include any part of | 8 |
| the
jurisdiction of such board. The names of all employees, | 9 |
| consultants, and
other personnel shall be set forth along | 10 |
| with the amounts of money received;
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| (i) (h) Consult with other appropriate local private | 12 |
| and public agencies
and the Department of Human Services in
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| the development of local plans for the most efficient | 14 |
| delivery of mental
health, developmental disabilities, | 15 |
| alcoholism and substance use disorder abuse services. The | 16 |
| Board is authorized
to join and to participate in the | 17 |
| activities of associations organized for
the purpose of | 18 |
| promoting more efficient and effective services and | 19 |
| programs;
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| (j) (i) Have the authority to review Review and comment | 21 |
| on all applications for grants by any person,
corporation, | 22 |
| or governmental unit providing services within the
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| geographical area of the board which provides mental health | 24 |
| facilities
and services, when such facilities and services | 25 |
| are included in the
board's one-year and 3-year plans, | 26 |
| including services for the person with a
mental illness, a |
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| developmental disability , or a substance use disorder and | 2 |
| the substance abuser . The board may require funding | 3 |
| applicants to Grant applicants
shall send a copy of their | 4 |
| funding grant application to the board at the time
such | 5 |
| application is submitted to the Department of Human | 6 |
| Services or to any other local, State or federal funding | 7 |
| source or
governmental agency. Within 60 days of the | 8 |
| receipt of any application, the
board shall submit its | 9 |
| review and comments to the Department of Human
Services or | 10 |
| to any other appropriate local, State
or federal funding | 11 |
| source or governmental agency. A copy of the review and
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| comments shall be submitted both to the funding grant | 13 |
| applicant and to the regional
Health Systems Agency . Within | 14 |
| 60 days thereafter, the Department of
Human Services or any | 15 |
| other appropriate
local or State governmental agency shall | 16 |
| issue a written response to
the board and the funding | 17 |
| applicant , to the grant applicant and to the federal Health | 18 |
| Systems
Agency . The Department of Human Services shall | 19 |
| supply
any community mental health board such information | 20 |
| about
purchase-of-care funds, State facility utilization, | 21 |
| and costs in its
geographical area as the board may request | 22 |
| provided that the information
requested is for the purpose | 23 |
| of the Community Mental Health Board
complying with the | 24 |
| requirements of Section 3f 3 e , subsection (f) (e) of this | 25 |
| Act;
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| (k) (j) Perform such other acts as may be necessary or |
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| proper to carry
out the purposes of this Act , if not | 2 |
| inconsistent with the regulations
of the Department of | 3 |
| Human Services .
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| (2) The community mental health board has the following | 5 |
| powers:
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| (a) The board may enter into multiple-year contracts | 7 |
| for rendition
or operation of services,
facilities and | 8 |
| educational programs.
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| (b) The board may arrange through intergovernmental | 10 |
| agreements or intragovernmental agreements or both for the | 11 |
| rendition of services and operation
of
facilities by other | 12 |
| agencies or departments of the governmental unit or county | 13 |
| in which
the governmental unit is located with the approval | 14 |
| of the governing
body.
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| (c) To The board may employ , establish compensation | 16 |
| for, and set policies for its such personnel, including | 17 |
| legal counsel, as
may be
necessary to carry out the | 18 |
| purposes of this Act and prescribe the duties thereof of | 19 |
| and
establish salaries and provide other compensation for | 20 |
| such personnel . The
board may enter into multiple-year | 21 |
| employment contracts as may be
necessary for the | 22 |
| recruitment and retention of personnel and the proper
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| functioning of the board.
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| (d) The board may enter into multiple-year joint | 25 |
| agreements,
which shall be written, with other
contiguous | 26 |
| mental health boards and boards of health to provide |
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| jointly
agreed upon community mental health facilities and | 2 |
| services and to pool
such funds as may be deemed necessary | 3 |
| and available for this purpose.
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| (e) The board may organize a not-for-profit | 5 |
| corporation for the purpose of
providing direct recipient | 6 |
| services. Such corporations shall have, in addition
to all | 7 |
| other lawful powers, the power to contract with persons to | 8 |
| furnish
services for recipients of the corporation's | 9 |
| facilities, including
psychiatrists and other physicians | 10 |
| licensed in this State to practice medicine
in all of its | 11 |
| branches. Such physicians shall be considered independent
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| contractors, and liability for any malpractice shall not | 13 |
| extend to such
corporation, nor to the community mental | 14 |
| health board, except for gross
negligence in entering into | 15 |
| such a contract.
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| (f) The board shall not operate any direct recipient | 17 |
| services for more
than
a 2-year period when such services | 18 |
| are being provided in the governmental unit,
but shall | 19 |
| encourage, by financial support, the development of | 20 |
| private agencies
to deliver such needed services, pursuant | 21 |
| to regulations of the board.
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| (g) Where there are multiple boards within the same | 23 |
| planning area, as
established by the Department of Human | 24 |
| Services, services
may be purchased through a single | 25 |
| delivery system. In such areas, a
coordinating body with | 26 |
| representation from each board shall be established to
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| carry out the service functions of this Act. In the event | 2 |
| any such coordinating
body purchases or improves real | 3 |
| property, such body shall first obtain the
approval of the | 4 |
| governing bodies of the governmental units in which the
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| coordinating body is located.
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| (h) The board may enter into multiple-year joint | 7 |
| agreements with
other governmental units
located within | 8 |
| the geographical area of the board. Such agreements
shall | 9 |
| be written and shall provide for the rendition of services | 10 |
| by the
board to the residents of such governmental units.
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| (i) The board may enter into multiple-year joint | 12 |
| agreements with federal, State, and local governments, | 13 |
| including
the Department of Human Services ,
whereby the | 14 |
| board will provide certain
services , the costs of which | 15 |
| shall be negotiated between the Department
and the board . | 16 |
| This provision shall not be construed to limit the
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| authority of the board to contract with other federal, | 18 |
| State and local
agencies . All such joint agreements must | 19 |
| provide for the exchange of
relevant data. However, nothing | 20 |
| in this Act shall be construed to permit
the abridgement of | 21 |
| the confidentiality of patient records.
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| (j) The board may receive gifts from private sources | 23 |
| for purposes not
inconsistent
with the provisions of this | 24 |
| Act.
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| (k) The board may receive Federal, State and local | 26 |
| funds for purposes
not inconsistent with the provisions of |
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| this Act.
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| (l) The board may establish scholarship programs. Such | 3 |
| programs shall
require
equivalent
service or reimbursement | 4 |
| pursuant to regulations of the board.
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| (m) The board may sell, rent, or lease real property | 6 |
| for purposes
consistent with this
Act.
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| (n) The board may: (i) own real property, lease real | 8 |
| property as lessee,
or
acquire real property by purchase, | 9 |
| construction, lease-purchase agreement, or
otherwise; (ii) | 10 |
| take title to the property in the board's name; (iii) | 11 |
| borrow
money and issue debt instruments, mortgages, | 12 |
| purchase-money mortgages, and
other security instruments | 13 |
| with respect to the property; and (iv) maintain,
repair, | 14 |
| remodel, or improve the property. All of these activities | 15 |
| must be for
purposes consistent with this Act as may be | 16 |
| reasonably necessary for the
housing and proper | 17 |
| functioning of the board. The board may use moneys in the
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| Community Mental Health Fund for these purposes.
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| (o) The board may organize a not-for-profit | 20 |
| corporation (i) for the
purpose of raising money to be | 21 |
| distributed by the board for providing community
mental | 22 |
| health services and facilities for the treatment of | 23 |
| alcoholism, drug
addiction, developmental disabilities, | 24 |
| and mental retardation or (ii) for
other purposes not | 25 |
| inconsistent with this Act.
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| (Source: P.A. 92-552, eff. 6-24-02.)
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| (405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f)
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| Sec. 3f. Annually, each community mental health board shall | 3 |
| prepare and submit , for informational purposes in the | 4 |
| appropriations process,
to the appointing officer and | 5 |
| governing body referred to in Section 3a:
(a) an annual budget | 6 |
| showing the estimated receipts and intended
disbursements | 7 |
| pursuant to this Act for the fiscal year immediately
following | 8 |
| the date the budget is submitted, which date must be at least
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| 30 days prior to the start of the fiscal year, and (b) an | 10 |
| annual report
detailing the income received and disbursements | 11 |
| made pursuant to this
Act during the fiscal year just preceding | 12 |
| the date the annual report is
submitted, which date must be | 13 |
| within 90 60 days of the close of that fiscal
year. Such report | 14 |
| shall also include those matters set forth in Section
8 of this | 15 |
| Act.
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| (Source: P.A. 81-898.)
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| (405 ILCS 20/4) (from Ch. 91 1/2, par. 304)
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| Sec. 4. In order to provide the necessary funds or to | 19 |
| supplement
existing funds for such community mental health | 20 |
| facilities and services,
including facilities and services for | 21 |
| the person with a developmental
disability or a substance use | 22 |
| disorder and the substance abuser , the governing body of any | 23 |
| governmental
unit, subject to the provisions of Section 5, may | 24 |
| levy an annual tax of not to
exceed .15% upon all of the |
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| taxable property in such governmental unit at the
value | 2 |
| thereof, as equalized or assessed by the Department of Revenue. | 3 |
| Such tax
shall be levied and collected in the same manner as | 4 |
| other governmental unit
taxes, but shall not be included in any | 5 |
| limitation otherwise prescribed as to
the rate or amount of | 6 |
| governmental unit taxes, but shall be in addition thereto
and | 7 |
| in excess thereof.
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| When collected, such tax shall be paid into a special fund | 9 |
| to be
designated as the "Community Mental Health Fund" which | 10 |
| shall be appropriated by the governmental unit to , upon
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| authorization by the appropriate governmental unit, be | 12 |
| administered by
the community mental health board and used only | 13 |
| for the purposes
specified in this Act. Nothing contained | 14 |
| herein shall in any way
preclude the use of other funds | 15 |
| available for such purposes under any
existing Federal, State | 16 |
| or local statute. Interest earned from moneys
deposited in this | 17 |
| Fund shall only be used for purposes which are
authorized by | 18 |
| this Act.
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| In any city, village, incorporated town, or township which | 20 |
| levies a
tax for the purpose of providing community mental | 21 |
| health facilities and
services and part or all of such city, | 22 |
| village, incorporated town, or
township is in a county or | 23 |
| township, as the case may be, which levies a
tax to provide | 24 |
| community mental health facilities and services under the
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| provisions of this Act, such county or township, as the case | 26 |
| may be,
shall pay to such city, village, incorporated town, or |
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| township, as the
case may be, the entire amount collected from | 2 |
| taxes under this Section
on property subject to a tax which any | 3 |
| city, village, incorporated town,
or township thereof levies to | 4 |
| provide community mental health facilities
and services.
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| Whenever any city, village, incorporated town, or township | 6 |
| receives
any payments from a county or township as provided | 7 |
| above, such city,
village, incorporated town, or township shall | 8 |
| reduce and abate from the
tax levied by the authority of this | 9 |
| Section a rate which would produce
an amount equal to the | 10 |
| amount received from such county or township.
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| (Source: P.A. 88-380.)
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| (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
| 13 |
| Sec. 5. When the governing body of a governmental unit | 14 |
| passes a
resolution as provided in Section 4 asking that an | 15 |
| annual tax may be
levied for the purpose of providing such | 16 |
| mental health facilities and
services, including facilities | 17 |
| and services for the person with a
developmental disability or | 18 |
| a substance use disorder and the substance abuser , in the | 19 |
| community and so
instructs the clerk of the governmental unit | 20 |
| such clerk shall certify the
proposition to the proper election | 21 |
| officials for submission at a regular
election in accordance | 22 |
| with the general election law. The proposition shall be
in the | 23 |
| following form:
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| -------------------------------------------------------------
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| Shall............ (governmental
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| unit) levy an annual tax of not to YES
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| exceed .15% for the purpose of providing
| 3 |
| community mental health facilities and ---------------
| 4 |
| services including facilities and services
| 5 |
| for the person with a developmental NO
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| disability or a substance use disorder
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| and the substance abuser ?
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| -------------------------------------------------------------
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| If a majority of all the votes cast upon the proposition | 10 |
| are for the
levy of such tax, the governing governmental body | 11 |
| of such governmental unit shall
thereafter annually levy a tax | 12 |
| not to exceed the rate set forth in
Section 4. Thereafter, the | 13 |
| governing body shall in the annual
appropriation bill | 14 |
| appropriate from such funds such sum or sums of money
as may be | 15 |
| deemed necessary, based upon the community mental health
| 16 |
| board's budget, the board's annual mental health report, and | 17 |
| the local
mental health plan to defray necessary expenses and | 18 |
| liabilities in
providing for such community mental health | 19 |
| facilities and services.
| 20 |
| (Source: P.A. 88-380 .)
| 21 |
| (405 ILCS 20/6) (from Ch. 91 1/2, par. 306)
| 22 |
| Sec. 6. Whenever the governing body of any governmental | 23 |
| unit has
not provided the community mental health facilities | 24 |
| and services
provided in Section 2 and levied the tax provided | 25 |
| in Section 4 and a
petition signed by electors of the |
|
|
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| governmental unit equal in number to
at least 10% of the total | 2 |
| votes cast for the office which received the greatest
total | 3 |
| number of votes at the last preceding general governmental unit | 4 |
| election
is presented to the clerk of the governmental unit | 5 |
| requesting the establishment
and maintenance of such community | 6 |
| mental health facilities and services,
including facilities | 7 |
| and services for the person with a developmental
disability or | 8 |
| a substance use disorder and the substance abuser , for | 9 |
| residents
thereof and the levy of such an annual tax therefor, | 10 |
| the governing body
of the governmental unit, subject to the | 11 |
| provisions of Section 7, shall
establish and maintain such | 12 |
| community mental health facilities and
services and shall levy | 13 |
| such an annual tax of not to exceed .15% upon
all of the | 14 |
| taxable property in such governmental unit at the value
| 15 |
| thereof, as equalized or assessed by the Department of Revenue. | 16 |
| Such tax
shall be levied and collected in the same manner as
| 17 |
| other governmental unit taxes, but shall not be included in any
| 18 |
| limitation otherwise prescribed as to the rate or amount of | 19 |
| governmental
unit taxes, but shall be in addition thereto and | 20 |
| in excess thereof.
| 21 |
| When collected, such tax shall be paid into a special fund | 22 |
| to be
designated as the "Community Mental Health Fund" which | 23 |
| shall, upon
authorization by the appropriate governmental | 24 |
| unit, be administered by
the community mental health board and | 25 |
| used only for the purposes
specified in this Act. Nothing | 26 |
| contained herein shall in any way
preclude the use of other |
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| funds available for such purposes under any
existing Federal, | 2 |
| State or local statute. Interest earned from moneys
deposited | 3 |
| in this Fund shall only be used for purposes which are
| 4 |
| authorized by this Act.
| 5 |
| In any city, village, incorporated town, or township which | 6 |
| levies a
tax for the purpose of providing community mental | 7 |
| health facilities and
services and part or all of such city, | 8 |
| village, incorporated town, or
township is in a county or | 9 |
| township, as the case may be, which levies a
tax to provide | 10 |
| community mental health facilities and services under the
| 11 |
| provisions of this Act, such county or township, as the case | 12 |
| may be,
shall pay to such city, village, incorporated town, or | 13 |
| township, as the
case may be, the entire amount collected from | 14 |
| taxes under this Section
on property subject to a tax which any | 15 |
| city, village, incorporated town,
or township thereof levies to | 16 |
| provide community mental health facilities
and services.
| 17 |
| Whenever any city, village, incorporated town, or township | 18 |
| receives
any payments from a county or township as provided | 19 |
| above, such city,
village, incorporated town, or township shall | 20 |
| reduce and abate from the
tax levied by the authority of this | 21 |
| Section a rate which would produce
an amount equal to the | 22 |
| amount received from such county or township.
| 23 |
| (Source: P.A. 88-380.)
| 24 |
| (405 ILCS 20/7) (from Ch. 91 1/2, par. 307)
| 25 |
| Sec. 7. When the petition provided for in Section 6 is |
|
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| presented to
the clerk of the governmental unit requesting the | 2 |
| establishment and
maintenance of such mental health facilities | 3 |
| and services for residents
of the community and the levy of | 4 |
| such an annual tax therefor, the clerk
of the governmental unit | 5 |
| shall certify to the proper election officials
the proposition | 6 |
| for the levy of such tax which shall be submitted at a regular
| 7 |
| election in accordance with the general election law. The | 8 |
| proposition shall be
in substantially the following form:
| 9 |
| -------------------------------------------------------------
| 10 |
| Shall....................
| 11 |
| (governmental unit) establish and
| 12 |
| maintain community mental health YES
| 13 |
| facilities and services including
| 14 |
| facilities and services for the ----------------------
| 15 |
| person with a developmental
| 16 |
| disability or a substance NO
| 17 |
| use disorder and the substance
| 18 |
| abuser and levy therefor an annual
| 19 |
| tax of not to exceed .15%?
| 20 |
| -------------------------------------------------------------
| 21 |
| If a majority of all the votes cast upon the proposition | 22 |
| are in favor
thereof, the governing governmental body of such | 23 |
| governmental unit shall establish
and maintain such community | 24 |
| mental health facilities and services and
shall annually levy | 25 |
| such tax. Thereafter, the governing body shall in
the annual | 26 |
| appropriation bill appropriate from such funds such sum or
sums |
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| of money as may be deemed necessary, based upon the community
| 2 |
| mental health board's budget, the board's annual mental health | 3 |
| report,
and the board's plan to defray necessary expenses and | 4 |
| liabilities in
providing for such community mental health | 5 |
| facilities and services.
| 6 |
| (Source: P.A. 88-380 .)
| 7 |
| (405 ILCS 20/9) (from Ch. 91 1/2, par. 309)
| 8 |
| Sec. 9. Whenever electors, equal in number to at least 10% | 9 |
| of the
total votes cast for the office on which the greatest | 10 |
| total number of
votes were cast at the last preceding general | 11 |
| governmental unit
election, of a governmental unit which has | 12 |
| adopted the taxing provisions
of this Act, present a petition | 13 |
| to the clerk of the governmental unit,
requesting that the | 14 |
| levying of a tax annually in such governmental unit
for the | 15 |
| purpose of providing community mental health facilities and
| 16 |
| services be discontinued, the clerk shall certify the | 17 |
| proposition to the
proper election officials for submission at | 18 |
| a regular election in accordance
with the general election law. | 19 |
| The proposition shall be substantially in
the following form:
| 20 |
| -------------------------------------------------------------
| 21 |
| Shall.... (governmental unit)
| 22 |
| discontinue the levying of an annual tax for YES
| 23 |
| the purpose of providing community mental
| 24 |
| health facilities and services including ----------------
| 25 |
| facilities and services for the
|
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| person with a developmental disability NO
| 2 |
| or a substance use disorder and
| 3 |
| the substance abuser ?
| 4 |
| -------------------------------------------------------------
| 5 |
| If a majority of all the votes cast upon the proposition | 6 |
| are for the
discontinuance of the levying of such tax, the | 7 |
| governing body of the
governmental unit shall not thereafter | 8 |
| levy such a tax unless a
proposition authorizing such levy | 9 |
| again receives a majority of all the
votes cast upon the | 10 |
| proposition as provided in Sections 5 and 7 of this Act.
| 11 |
| (Source: P.A. 88-380 .)
| 12 |
| (405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
| 13 |
| Sec. 10. Whenever the board and the governing body of a | 14 |
| governmental unit by
resolution determines that it is necessary | 15 |
| to issue bonds of the governmental
unit to enable it to provide | 16 |
| buildings for or to make permanent improvements in
the | 17 |
| community mental health facilities, including facilities for | 18 |
| the person
with a developmental disability or a substance use | 19 |
| disorder and the substance abuser , the governing body
shall so | 20 |
| instruct the clerk of the governmental unit. Thereupon, such | 21 |
| clerk
shall certify the proposition to the proper election | 22 |
| officials who shall submit
the proposition at a regular | 23 |
| election in accordance with the general election
law. However, | 24 |
| before such resolution is adopted, a report must be filed with
| 25 |
| the board and the governing body by the Department of Human |
|
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| Services and the
regional Health Systems Agency as to the | 2 |
| advisability of any
proposed building or of any proposed | 3 |
| permanent improvements in existing
facilities.
| 4 |
| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
| 5 |
| (405 ILCS 20/11) (from Ch. 91 1/2, par. 311)
| 6 |
| Sec. 11. The proposition pursuant to Section 10 shall be in | 7 |
| the following
form:
| 8 |
| -------------------------------------------------------------
| 9 |
| Shall the.... (governmental unit) issue
| 10 |
| bonds to the amount of.... dollars for the
| 11 |
| purpose of enabling the governmental unit YES
| 12 |
| to.... (purpose to be stated, which shall
| 13 |
| be either to provide buildings for or to ----------------
| 14 |
| make permanent improvements in the community
| 15 |
| mental health facilities including facilities NO
| 16 |
| for the person with a developmental
| 17 |
| disability or a substance use disorder
| 18 |
| and the substance abuser )?
| 19 |
| -------------------------------------------------------------
| 20 |
| In case a majority of the votes cast upon the propositions | 21 |
| shall be
in favor of the issuance of such bonds , ; the governing | 22 |
| body of the
governmental unit shall issue the bonds of the | 23 |
| governmental unit not
exceeding the amount authorized at the | 24 |
| referendum. Such bonds shall become
due not more than 40 years | 25 |
| after their date, shall be in denominations
of $100 or any |
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| multiple thereof, and shall bear interest, evidenced by
| 2 |
| coupons, payable semi-annually, as shall be determined by the | 3 |
| governing body.
| 4 |
| (Source: P.A. 88-380 .)
| 5 |
| (405 ILCS 20/8.5 rep.)
| 6 |
| Section 10. The Community Mental Health Act is amended by | 7 |
| repealing Section 8.5.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 405 ILCS 20/1 |
from Ch. 91 1/2, par. 301 |
| 4 |
| 405 ILCS 20/2 |
from Ch. 91 1/2, par. 302 |
| 5 |
| 405 ILCS 20/3a |
from Ch. 91 1/2, par. 303a |
| 6 |
| 405 ILCS 20/3e |
from Ch. 91 1/2, par. 303e |
| 7 |
| 405 ILCS 20/3f |
from Ch. 91 1/2, par. 303f |
| 8 |
| 405 ILCS 20/4 |
from Ch. 91 1/2, par. 304 |
| 9 |
| 405 ILCS 20/5 |
from Ch. 91 1/2, par. 305 |
| 10 |
| 405 ILCS 20/6 |
from Ch. 91 1/2, par. 306 |
| 11 |
| 405 ILCS 20/7 |
from Ch. 91 1/2, par. 307 |
| 12 |
| 405 ILCS 20/9 |
from Ch. 91 1/2, par. 309 |
| 13 |
| 405 ILCS 20/10 |
from Ch. 91 1/2, par. 310 |
| 14 |
| 405 ILCS 20/11 |
from Ch. 91 1/2, par. 311 |
| 15 |
| 405 ILCS 20/8.5 rep. |
|
| |
|