|
|
|
HB0909 Enrolled |
|
LRB095 09064 KBJ 29255 b |
|
|
1 |
| AN ACT concerning health.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
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:
|
7 |
| (405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
|
8 |
| Sec. 1. As used in this Act:
|
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 . ;
|
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". ;
|
22 |
| "Mental illness" has the meaning ascribed to that term in |
23 |
| the Mental Health and Developmental Disabilities Code. |
|
|
|
HB0909 Enrolled |
- 2 - |
LRB095 09064 KBJ 29255 b |
|
|
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.
|
10 |
| (Source: P.A. 88-380.)
|
11 |
| (405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
|
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
|
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 |
|
|
|
HB0909 Enrolled |
- 3 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| department, multiple-county health department,
school district |
2 |
| or any combination thereof.
|
3 |
| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
|
4 |
| (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
|
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
|
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
|
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
|
25 |
| health board. No member of the community mental health board |
|
|
|
HB0909 Enrolled |
- 4 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
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.
|
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.
|
15 |
| The tax rate set forth in Section 4 may be levied by any
|
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.
|
20 |
| (Source: P.A. 89-507, eff. 7-1-97.)
|
21 |
| (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
|
22 |
| Sec. 3e. Board's powers and duties.
|
23 |
| (1) Every community mental health board shall, immediately
|
24 |
| after appointment, meet and organize, by the election of one of |
25 |
| its
number as president and one as secretary and such other |
|
|
|
HB0909 Enrolled |
- 5 - |
LRB095 09064 KBJ 29255 b |
|
|
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:
|
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;
|
10 |
| (c) Hold special meetings upon a written request signed |
11 |
| by at least
2 members and filed with the secretary;
|
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;
|
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;
|
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
|
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
|
|
|
|
HB0909 Enrolled |
- 6 - |
LRB095 09064 KBJ 29255 b |
|
|
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.
|
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;
|
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 |
|
|
|
HB0909 Enrolled |
- 7 - |
LRB095 09064 KBJ 29255 b |
|
|
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;
|
8 |
| (i)
(h) Consult with other appropriate local private |
9 |
| and public agencies
and the Department of Human Services in
|
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;
|
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
|
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 |
|
|
|
HB0909 Enrolled |
- 8 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
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;
|
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 .
|
|
|
|
HB0909 Enrolled |
- 9 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| (2) The community mental health board has the following |
2 |
| powers:
|
3 |
| (a) The board may enter into multiple-year contracts |
4 |
| for rendition
or operation of services,
facilities and |
5 |
| educational programs.
|
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.
|
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.
|
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.
|
|
|
|
HB0909 Enrolled |
- 10 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
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.
|
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.
|
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
|
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 |
|
|
|
HB0909 Enrolled |
- 11 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| governing bodies of the governmental units in which the
|
2 |
| coordinating body is located.
|
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.
|
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
|
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.
|
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 |
|
|
|
HB0909 Enrolled |
- 12 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
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 |
|
|
|
HB0909 Enrolled |
- 13 - |
LRB095 09064 KBJ 29255 b |
|
|
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 |
|
|
|
HB0909 Enrolled |
- 14 - |
LRB095 09064 KBJ 29255 b |
|
|
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.
|
|
|
|
HB0909 Enrolled |
- 15 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
|
|
|
HB0909 Enrolled |
- 16 - |
LRB095 09064 KBJ 29255 b |
|
|
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 .)
|
17 |
| (405 ILCS 20/6) (from Ch. 91 1/2, par. 306)
|
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 |
|
|
|
HB0909 Enrolled |
- 17 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
11 |
| thereof, as equalized or assessed by the Department of Revenue. |
12 |
| Such tax
shall be levied and collected in the same manner as
|
13 |
| other governmental unit taxes, but shall not be included in any
|
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.
|
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
|
26 |
| authorized by this Act.
|
|
|
|
HB0909 Enrolled |
- 18 - |
LRB095 09064 KBJ 29255 b |
|
|
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
|
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.
|
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.
|
19 |
| (Source: P.A. 88-380.)
|
20 |
| (405 ILCS 20/7) (from Ch. 91 1/2, par. 307)
|
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 |
|
|
|
HB0909 Enrolled |
- 19 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| shall certify to the proper election officials
the proposition |
2 |
| for the levy of such tax which shall be submitted at a regular
|
3 |
| election in accordance with the general election law. The |
4 |
| proposition shall be
in substantially the following form:
|
5 |
| -------------------------------------------------------------
|
6 |
| Shall....................
|
7 |
| (governmental unit) establish and
|
8 |
| maintain community mental health YES
|
9 |
| facilities and services including
|
10 |
| facilities and services for the ----------------------
|
11 |
| person with a developmental
|
12 |
| disability or a substance NO
|
13 |
| use disorder
|
14 |
| and the substance
|
15 |
| abuser and levy therefor an annual
|
16 |
| tax of not to exceed .15%?
|
17 |
| -------------------------------------------------------------
|
18 |
| If a majority of all the votes cast upon the proposition |
19 |
| are in favor
thereof, the governing
governmental body of such |
20 |
| governmental unit shall establish
and maintain such community |
21 |
| mental health facilities and services and
shall annually levy |
22 |
| such tax. Thereafter, the governing body shall in
the annual |
23 |
| appropriation bill appropriate from such funds such sum or
sums |
24 |
| of money as may be deemed necessary, based upon the community
|
25 |
| mental health board's budget, the board's annual mental health |
26 |
| report,
and the board's plan to defray necessary expenses and |
|
|
|
HB0909 Enrolled |
- 20 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| liabilities in
providing for such community mental health |
2 |
| facilities and services.
|
3 |
| (Source: P.A. 88-380 .)
|
4 |
| (405 ILCS 20/9) (from Ch. 91 1/2, par. 309)
|
5 |
| Sec. 9. Whenever electors, equal in number to at least 10% |
6 |
| of the
total votes cast for the office on which the greatest |
7 |
| total number of
votes were cast at the last preceding general |
8 |
| governmental unit
election, of a governmental unit which has |
9 |
| adopted the taxing provisions
of this Act, present a petition |
10 |
| to the clerk of the governmental unit,
requesting that the |
11 |
| levying of a tax annually in such governmental unit
for the |
12 |
| purpose of providing community mental health facilities and
|
13 |
| services be discontinued, the clerk shall certify the |
14 |
| proposition to the
proper election officials for submission at |
15 |
| a regular election in accordance
with the general election law. |
16 |
| The proposition shall be substantially in
the following form:
|
17 |
| -------------------------------------------------------------
|
18 |
| Shall.... (governmental unit)
|
19 |
| discontinue the levying of an annual tax for YES
|
20 |
| the purpose of providing community mental
|
21 |
| health facilities and services including ----------------
|
22 |
| facilities and services for the
|
23 |
| person with a developmental disability NO
|
24 |
| or a substance use disorder
|
25 |
| and
|
|
|
|
HB0909 Enrolled |
- 21 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| the substance abuser ?
|
2 |
| -------------------------------------------------------------
|
3 |
| If a majority of all the votes cast upon the proposition |
4 |
| are for the
discontinuance of the levying of such tax, the |
5 |
| governing body of the
governmental unit shall not thereafter |
6 |
| levy such a tax unless a
proposition authorizing such levy |
7 |
| again receives a majority of all the
votes cast upon the |
8 |
| proposition as provided in Sections 5 and 7 of this Act.
|
9 |
| (Source: P.A. 88-380 .)
|
10 |
| (405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
|
11 |
| Sec. 10. Whenever the board and the governing body of a |
12 |
| governmental unit by
resolution determines that it is necessary |
13 |
| to issue bonds of the governmental
unit to enable it to provide |
14 |
| buildings for or to make permanent improvements in
the |
15 |
| community mental health facilities, including facilities for |
16 |
| the person
with a developmental disability or a substance use |
17 |
| disorder
and the substance abuser , the governing body
shall so |
18 |
| instruct the clerk of the governmental unit. Thereupon, such |
19 |
| clerk
shall certify the proposition to the proper election |
20 |
| officials who shall submit
the proposition at a regular |
21 |
| election in accordance with the general election
law. However, |
22 |
| before such resolution is adopted, a report must be filed with
|
23 |
| the board and the governing body by the Department of Human |
24 |
| Services and the
regional Health Systems Agency as to the |
25 |
| advisability of any
proposed building or of any proposed |
|
|
|
HB0909 Enrolled |
- 22 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| permanent improvements in existing
facilities.
|
2 |
| (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
|
3 |
| (405 ILCS 20/11) (from Ch. 91 1/2, par. 311)
|
4 |
| Sec. 11. The proposition pursuant to Section 10 shall be in |
5 |
| the following
form:
|
6 |
| -------------------------------------------------------------
|
7 |
| Shall the.... (governmental unit) issue
|
8 |
| bonds to the amount of.... dollars for the
|
9 |
| purpose of enabling the governmental unit YES
|
10 |
| to.... (purpose to be stated, which shall
|
11 |
| be either to provide buildings for or to ----------------
|
12 |
| make permanent improvements in the community
|
13 |
| mental health facilities including facilities NO
|
14 |
| for the person with a developmental
|
15 |
| disability or a substance use disorder
|
16 |
| and the substance abuser )?
|
17 |
| -------------------------------------------------------------
|
18 |
| In case a majority of the votes cast upon the propositions |
19 |
| shall be
in favor of the issuance of such bonds , ; the governing |
20 |
| body of the
governmental unit shall issue the bonds of the |
21 |
| governmental unit not
exceeding the amount authorized at the |
22 |
| referendum. Such bonds shall become
due not more than 40 years |
23 |
| after their date, shall be in denominations
of $100 or any |
24 |
| multiple thereof, and shall bear interest, evidenced by
|
25 |
| coupons, payable semi-annually, as shall be determined by the |
|
|
|
HB0909 Enrolled |
- 23 - |
LRB095 09064 KBJ 29255 b |
|
|
1 |
| governing body.
|
2 |
| (Source: P.A. 88-380 .)
|
3 |
| (405 ILCS 20/8.5 rep.)
|
4 |
| Section 10. The Community Mental Health Act is amended by |
5 |
| repealing Section 8.5.
|
6 |
| Section 99. Effective date. This Act takes effect upon |
7 |
| becoming law.
|
|
|
|
HB0909 Enrolled |
- 24 - |
LRB095 09064 KBJ 29255 b |
|
| 1 |
|
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. |
|
|
|