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Full Text of SB3041  100th General Assembly

SB3041sam001 100TH GENERAL ASSEMBLY

Sen. Karen McConnaughay

Filed: 4/4/2018

 

 


 

 


 
10000SB3041sam001LRB100 18359 AWJ 36697 a

1
AMENDMENT TO SENATE BILL 3041

2    AMENDMENT NO. ______. Amend Senate Bill 3041 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-195 as follows:
 
6    (35 ILCS 200/18-195)
7    Sec. 18-195. Limitation. Tax extensions made under
8Sections 18-45 and 18-105 are further limited by the provisions
9of this Law.
10    For those taxing districts that have levied in any previous
11levy year for any funds included in the aggregate extension,
12the county clerk shall extend a rate for the sum of these funds
13that is no greater than the limiting rate.
14    For those taxing districts that have never levied for any
15funds included in the aggregate extension, the county clerk
16shall extend an amount no greater than the amount approved by

 

 

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1the voters in a referendum under Section 18-210.
2    If the county clerk is required to reduce the aggregate
3extension of a taxing district by provisions of this Law, the
4county clerk shall proportionally reduce the extension for each
5fund unless otherwise requested by the taxing district.
6    Upon written request of the corporate authority of a
7village, the county clerk shall calculate separate limiting
8rates for the library funds and for the aggregate of the other
9village funds in order to reduce the funds as may be required
10under provisions of this Law. In calculating the limiting rate
11for the library, the county clerk shall use only the part of
12the aggregate extension base applicable to the library, and for
13any rate increase or decrease factor under Section 18-230 the
14county clerk shall use only any new rate or rate increase
15applicable to the library funds and the part of the rate
16applicable to the library in determining factors under that
17Section. The county clerk shall calculate the limiting rate for
18all other village funds using only the part of the aggregate
19extension base not applicable to the library, and for any rate
20increase or decrease factor under Section 18-230 the county
21clerk shall use only any new rate or rate increase not
22applicable to the library funds and the part of the rate not
23applicable to the library in determining factors under that
24Section. If the county clerk is required to reduce the
25aggregate extension of the library portion of the levy, the
26county clerk shall proportionally reduce the extension for each

 

 

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1library fund unless otherwise requested by the library board.
2If the county clerk is required to reduce the aggregate
3extension of the portion of the levy not applicable to the
4library, the county clerk shall proportionally reduce the
5extension for each fund not applicable to the library unless
6otherwise requested by the village.
7    Beginning with the 1998 levy year upon written direction of
8a county or township community mental health board, the county
9clerk shall calculate separate limiting rates for the community
10mental health funds and for the aggregate of the other county
11or township funds in order to reduce the funds as may be
12required under provisions of this Law. In calculating the
13limiting rate for the community mental health funds, the county
14clerk shall use only the part of the aggregate extension base
15applicable to the community mental health funds; and for any
16rate increase or decrease factor under Section 18-230, the
17county clerk shall use only any new rate or rate increase
18applicable to the community mental health funds and the part of
19the rate applicable to the community mental health board in
20determining factors under that Section. The county clerk shall
21calculate the limiting rate for all other county or township
22funds using only the part of the aggregate extension base not
23applicable to community mental health funds; and for any rate
24increase or decrease factor under Section 18-230, the county
25clerk shall use only any new rate or rate increase not
26applicable to the community mental health funds and the part of

 

 

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1the rate not applicable to the community mental health board in
2determining factors under that Section. If the county clerk is
3required to reduce the aggregate extension of the community
4mental health board portion of the levy, the county clerk shall
5proportionally reduce the extension for each community mental
6health fund unless otherwise directed by the community mental
7health board. If the county clerk is required to reduce the
8aggregate extension of the portion of the levy not applicable
9to the community mental health board, the county clerk shall
10proportionally reduce the extension for each fund not
11applicable to the community mental health board unless
12otherwise directed by the county or township.
13    If the governmental unit county is not subject to Section
141.1 or 1.2 of the Community County Care for Persons with
15Developmental Disabilities Act, then: (i) , beginning with the
162001 levy year for a county or township board before the
17effective date of this amendatory Act of the 100th General
18Assembly, upon written direction of a county or township board
19for care and treatment of persons with a developmental
20disability, the county clerk shall calculate separate limiting
21rates for the funds for persons with a developmental disability
22and for the aggregate of the other county or township funds in
23order to reduce the funds as may be required under provisions
24of this Law; and (ii) beginning with the levy year next
25following the effective date of this amendatory Act of the
26100th General Assembly, upon written direction of the board of

 

 

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1a governmental unit not covered under item (i) for care and
2treatment of persons with a developmental disability, the
3county clerk shall calculate separate limiting rates for the
4funds for persons with a developmental disability and for the
5aggregate of the other governmental unit funds in order to
6reduce the funds as may be required under provisions of this
7Law. If the governmental unit county is subject to Section 1.1
8or 1.2 of the Community County Care for Persons with
9Developmental Disabilities Act, then, beginning with the levy
10year in which the voters approve the tax under Section 1.1 or
111.2 of that Act, the county clerk shall calculate separate
12limiting rates for the funds for persons with a developmental
13disability and for the aggregate of the other governmental unit
14county or township funds in order to reduce the funds as may be
15required under provisions of this Law. In calculating the
16limiting rate for the funds for persons with a developmental
17disability, the county clerk shall use only the part of the
18aggregate extension base applicable to the funds for persons
19with a developmental disability; and for any rate increase or
20decrease factor under Section 18-230, the county clerk shall
21use only any new rate or rate increase applicable to the funds
22for persons with a developmental disability and the part of the
23rate applicable to the board for care and treatment of persons
24with a developmental disability in determining factors under
25that Section. The county clerk shall calculate the limiting
26rate for all other governmental unit county or township funds

 

 

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1using only the part of the aggregate extension base not
2applicable to funds for persons with a developmental
3disability; and for any rate increase or decrease factor under
4Section 18-230, the county clerk shall use only any new rate or
5rate increase not applicable to the funds for persons with a
6developmental disability and the part of the rate not
7applicable to the board for care and treatment of persons with
8a developmental disability in determining factors under that
9Section. If the county clerk is required to reduce the
10aggregate extension of the board for care and treatment of
11persons with a developmental disability portion of the levy,
12the county clerk shall proportionally reduce the extension for
13each fund for persons with a developmental disability unless
14otherwise directed by the board for care and treatment of
15persons with a developmental disability. If the county clerk is
16required to reduce the aggregate extension of the portion of
17the levy not applicable to the board for care and treatment of
18persons with a developmental disability, the county clerk shall
19proportionally reduce the extension for each fund not
20applicable to the board for care and treatment of persons with
21a developmental disability unless otherwise directed by the
22governmental unit county or township.
23    As used in this Section, "governmental unit" has the
24meaning given to that term in Section 0.05 of the Community
25Care for Persons with Developmental Disabilities Act.
26(Source: P.A. 96-1350, eff. 7-28-10.)
 

 

 

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1    Section 10. The Counties Code is amended by changing
2Sections 5-1024 and 5-44020 as follows:
 
3    (55 ILCS 5/5-1024)  (from Ch. 34, par. 5-1024)
4    Sec. 5-1024. Taxes. A county board may cause to be levied
5and collected annually, except as hereinafter provided, taxes
6for county purposes, including all purposes for which money may
7be raised by the county by taxation, in counties having 80,000
8or more but less than 3,000,000 inhabitants at a rate not
9exceeding .25%, of the value as equalized or assessed by the
10Department of Revenue; in counties with less than 80,000 but
11more than 15,000 inhabitants at a rate not exceeding .27%, of
12the value as equalized or assessed by the Department of
13Revenue; in counties with less than 80,000 inhabitants which
14have authorized a tax by referendum under Section 7-2 of the
15Juvenile Court Act prior to the effective date of this
16amendatory Act of 1985, at a rate not exceeding .32%, of the
17value as equalized or assessed by the Department of Revenue;
18and in counties with 15,000 or fewer inhabitants at a rate not
19exceeding .37%, of the value as equalized or assessed by the
20Department of Revenue; and in counties having 3,000,000 or more
21inhabitants for each even numbered year, subject to the
22abatement requirements hereinafter provided, at a rate not
23exceeding .39% of the value, as equalized or assessed by the
24Department of Revenue, and for each odd numbered year, subject

 

 

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1to the abatement requirements hereinafter provided, at a rate
2not exceeding .35% of the value as equalized or assessed by the
3Department of Revenue, except taxes for the payment of interest
4on and principal of bonded indebtedness heretofore duly
5authorized for the construction of State aid roads in the
6county as defined in "An Act to revise the law in relation to
7roads and bridges", approved June 27, 1913, or for the
8construction of county highways as defined in the Illinois
9Highway Code, and except taxes for the payment of interest on
10and principal of bonded indebtedness duly authorized without a
11vote of the people of the county, and except taxes authorized
12as additional by a vote of the people of the county, and except
13taxes for working cash fund purposes, and except taxes as
14authorized by Sections 5-601, 5-602, 5-603, 5-604 and 6-512 of
15the Illinois Highway Code, and except taxes authorized under
16Section 7 of the Village Library Act, and except taxes levied
17to pay the annual rent payments due under a lease entered into
18by the county with a Public Building Commission as authorized
19by Section 18 of the Public Building Commission Act, and except
20taxes levied under Division 6-3, and except taxes levied for
21general assistance for needy persons in counties under
22commission form of government and except taxes levied under the
23Community County Care for Persons with Developmental
24Disabilities Act, and except taxes levied under the Community
25Mental Health Act, and except taxes levied under Section 5-1025
26to pay the expenses of elections and except taxes levied under

 

 

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1"An Act to provide the manner of levying or imposing taxes for
2the provision of special services to areas within the
3boundaries of home rule units and non-home rule municipalities
4and counties", approved September 21, 1973, and except taxes
5levied under Section 3a of the Revenue Act of 1939 for the
6purposes of helping to pay for the expenses of the assessor's
7office, and except taxes levied under Division 5-21, and except
8taxes levied pursuant to Section 19 of "The Illinois Emergency
9Services and Disaster Agency Act of 1975", as now or hereafter
10amended, and except taxes levied pursuant to Division 5-23, and
11except taxes levied under Section 5 of the County Shelter Care
12and Detention Home Act, and except taxes levied under the
13Children's Advocacy Center Act, and except taxes levied under
14Section 9-107 of the Local Governmental and Governmental
15Employees Tort Immunity Act.
16    Those taxes a county has levied and excepted from the rate
17limitation imposed by this Section or Section 25.05 of "An Act
18to revise the law in relation to counties", approved March 31,
191874, in reliance on this amendatory Act of 1994 are not
20invalid because of any provision of this Section that may be
21construed to or may have been construed to restrict or limit
22those taxes levied and those taxes are hereby validated. This
23validation of taxes levied applies to all cases pending on or
24after the effective date of this amendatory Act of 1994.
25    Nothing contained in this amendatory Act of 1994 shall be
26construed to affect the application of the Property Tax

 

 

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1Extension Limitation Law.
2    Any tax levied for general assistance for needy persons in
3any county in addition to and in excess of the maximum levy
4permitted by this Section for general county purposes shall be
5paid into a special fund in the county treasury and used only
6for the purposes for which it is levied except that any excess
7in such fund over the amount needed for general assistance may
8be used for County Nursing Home purposes and shall not exceed
9.10% of the value, as equalized or assessed by the Department
10of Revenue. Any taxes levied for general assistance pursuant to
11this Section may also be used for the payment of warrants
12issued against and in anticipation of such taxes and accrued
13interest thereon and may also be used for the payment of costs
14of administering such general assistance.
15    In counties having 3,000,000 or more inhabitants, taxes
16levied for any year for any purpose or purposes, except amounts
17levied for the payment of bonded indebtedness or interest
18thereon and for pension fund purpose, and except taxes levied
19to pay the annual rent payments due under a lease entered into
20by the county with a Public Building Commission as authorized
21by Section 18 of the Public Building Commission Act, are
22subject to the limitation that they shall not exceed the
23estimated amount of taxes to be levied for the year for the
24purpose or purposes as determined in accordance with Section
256-24001 and set forth in the annual appropriation bill of the
26county and in ascertaining the rate per cent that will produce

 

 

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1the amount of any tax levied in any county, the county clerk
2shall not add to the tax or rate any sum or amount to cover the
3loss and cost of collecting the tax, except in the case of
4amounts levied for the payment of bonded indebtedness or
5interest thereon, and in the case of amounts levied for pension
6fund purposes, and except taxes levied to pay the annual rent
7payments due under a lease entered into by the county with a
8Public Building Commission as authorized by Section 18 of the
9Public Building Commission Act.
10    In counties having a population of 3,000,000 or more
11inhabitants, the county clerk shall in each even numbered year,
12before extending the county tax for the year, reduce the levy
13for county purposes for the year (exclusive of levies for
14payment of indebtedness and payment of interest on and
15principal of bonded indebtedness as aforesaid, and exclusive of
16county highway taxes as aforesaid, and exclusive of pension
17fund taxes, and except taxes levied to pay the annual rent
18payments due under a lease entered into by the county with a
19Public Building Commission as authorized by Section 18 of the
20Public Building Commission Act) in the manner described and in
21an amount to be determined as follows: If the amount received
22from the collection of the tax levied in the last preceding
23even numbered year for county purposes as aforesaid, as shown
24by the county treasurer's final settlement for the last
25preceding even numbered year and also by subsequent receipts of
26delinquent taxes for the county purposes fund levied for the

 

 

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1last preceding even numbered year, equals or exceeds the amount
2produced by multiplying the rate extended for the county
3purposes for the last preceding even numbered year by the total
4assessed valuation of all property in the county used in the
5year for purposes of state and county taxes, and by deducting
6therefrom the amount appropriated to cover the loss and cost of
7collecting taxes to be levied for the county purposes fund for
8the last preceding even numbered year, the clerk in determining
9the rate per cent to be extended for the county purposes fund
10shall deduct from the amount of the levy certified to him for
11county purposes as aforesaid for even numbered years the amount
12received by the county clerk or withheld by the county
13treasurer from other municipal corporations within the county
14as their pro rata share of election expenses for the last
15preceding even numbered year, as authorized in Sections 13-11,
1613-12, 13-13 and 16-2 of the Election Code, and the clerk in
17these counties shall extend only the net amount remaining after
18such deductions.
19    The foregoing limitations upon tax rates, insofar as they
20are applicable to counties having less than 3,000,000
21inhabitants, may be increased or decreased under the referendum
22provisions of the General Revenue Law of Illinois and there
23shall be no limit on the rate of tax for county purposes that
24may be levied by a county so long as any increase in the rate is
25authorized by referendum in that county.
26    Any county having a population of less than 3,000,000

 

 

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1inhabitants that has determined to change its fiscal year may,
2as a means of effectuating a change, instead of levying taxes
3for a one-year period, levy taxes for a period greater or less
4than a year as may be necessary.
5    In counties having less than 3,000,000 inhabitants, in
6ascertaining the rate per cent that will produce the amount of
7any tax levied in that county, the County Clerk shall not add
8to the tax or rate any sum or amount to cover the loss and cost
9of collecting the tax except in the case of amounts levied for
10the payment of bonded indebtedness or interest thereon and in
11the case of amounts levied for pension fund purposes and except
12taxes levied to pay the annual rent payments due under a lease
13entered into by the county with a Public Building Commission as
14authorized by Section 18 of the Public Building Commission Act.
15    A county shall not have its maximum tax rate reduced as a
16result of a population increase indicated by the 1980 federal
17census.
18(Source: P.A. 91-51, eff. 6-30-99.)
 
19    (55 ILCS 5/5-44020)
20    Sec. 5-44020. Definitions. In this Division 5-44:
21    "Fire protection jurisdiction" means a fire protection
22district, municipal fire department, or service organized
23under Section 5-1056.1 of the Counties Code, Sections 195 and
24200 of the Township Code, Section 10-2.1 of the Illinois
25Municipal Code, or the Illinois Fire Protection District Act.

 

 

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1    "Governing board" means the individual or individuals who
2constitute the corporate authorities of a unit of local
3government.
4    "Unit of local government" or "unit" means any unit of
5local government located entirely within one county, to which
6the county board chairman or county executive directly appoints
7a majority of its governing board with the advice and consent
8of the county board, but shall not include a fire protection
9district that directly employs any regular full-time
10employees, a conservation district organized under the
11Conservation District Act, a special district organized under
12the Water Commission Act of 1985, a community mental health
13board established under the Community Mental Health Board Act,
14or a board established under the Community County Care for
15Persons with Developmental Disabilities Act.
16(Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18.)
 
17    Section 15. The County Care for Persons with Developmental
18Disabilities Act is amended by changing Sections 0.01, 1, 1.1,
191.2, 3, 4, 5, 7, and 11 and by adding Sections 0.05 and 14 as
20follows:
 
21    (55 ILCS 105/0.01)  (from Ch. 91 1/2, par. 200)
22    Sec. 0.01. Short title. This Act may be cited as the
23Community County Care for Persons with Developmental
24Disabilities Act.

 

 

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1(Source: P.A. 89-585, eff. 1-1-97.)
 
2    (55 ILCS 105/0.05 new)
3    Sec. 0.05. Definitions. As used in this Act:
4    "Governmental unit" means a county, municipality, or
5township.
6    "Person with a developmental disability" means any person
7or persons so diagnosed and as defined in the Mental Health and
8Developmental Disabilities Code. A board of directors
9operating under this Act may in their jurisdiction, by a
10majority vote, add to the definition of "person with a
11developmental disability".
 
12    (55 ILCS 105/1)  (from Ch. 91 1/2, par. 201)
13    Sec. 1. Facilities or services; tax levy. Any governmental
14unit county may provide facilities or services for the benefit
15of its residents who are persons with intellectual or
16developmental disabilities and who are not eligible to
17participate in any such program conducted under Article 14 of
18the School Code, or may contract therefor with any privately or
19publicly operated entity which provides facilities or services
20either in or out of such governmental unit county.
21    For such purpose, the governmental unit county board may
22levy an annual tax of not to exceed .1% upon all of the taxable
23property in the governmental unit county at the value thereof,
24as equalized or assessed by the Department of Revenue. Taxes

 

 

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1first levied under this Section on or after the effective date
2of this amendatory Act of the 96th General Assembly are subject
3to referendum approval under Section 1.1 or 1.2 of this Act.
4Such tax shall be levied and collected in the same manner as
5other governmental unit county taxes, but shall not be included
6in any limitation otherwise prescribed as to the rate or amount
7of governmental unit county taxes but shall be in addition
8thereto and in excess thereof. When collected, such tax shall
9be paid into a special fund in the governmental unit's county
10treasury, to be designated as the "Fund for Persons With a
11Developmental Disability", and shall be used only for the
12purpose specified in this Section. The levying of this annual
13tax shall not preclude the governmental unit county from the
14use of other federal, State, or local funds for the purpose of
15providing facilities or services for the care and treatment of
16its residents who are intellectually disabled mentally
17retarded or under a developmental disability.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    (55 ILCS 105/1.1)
20    Sec. 1.1. Petition for submission to referendum by
21governmental unit county.
22    (a) If, on and after the effective date of this amendatory
23Act of the 96th General Assembly, the governmental unit's
24county board passes an ordinance or resolution as provided in
25Section 1 of this Act asking that an annual tax may be levied

 

 

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1for the purpose of providing facilities or services set forth
2in that Section and so instructs the county clerk, the clerk
3shall certify the proposition to the proper election officials
4for submission at the governmental unit's next general county
5election. The proposition shall be in substantially the
6following form:
7        Shall (governmental unit) ..... County levy an annual
8    tax not to exceed 0.1% upon the equalized assessed value of
9    all taxable property in (governmental unit) the county for
10    the purposes of providing facilities or services for the
11    benefit of its residents who are persons with intellectual
12    or developmental disabilities and who are not eligible to
13    participate in any program provided under Article 14 of the
14    School Code, 105 ILCS 5/14-1.01 et seq., including
15    contracting for those facilities or services with any
16    privately or publicly operated entity that provides those
17    facilities or services either in or out of (governmental
18    unit)? the county?
19    (b) If a majority of the votes cast upon the proposition
20are in favor thereof, such tax levy shall be authorized and the
21governmental unit county shall levy a tax not to exceed the
22rate set forth in Section 1 of this Act.
23(Source: P.A. 99-143, eff. 7-27-15.)
 
24    (55 ILCS 105/1.2)
25    Sec. 1.2. Petition for submission to referendum by

 

 

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

 

 

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1    that provides those facilities or services either in or out
2    of (governmental unit)? the county?
3    (b) If a majority of the votes cast upon the proposition
4are in favor thereof, such tax levy shall be authorized and the
5governmental unit county shall levy a tax not to exceed the
6rate set forth in Section 1 of this Act.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    (55 ILCS 105/3)  (from Ch. 91 1/2, par. 203)
9    Sec. 3. Community County board for care and treatment of
10persons with a developmental disability.
11    (a) When any governmental unit county has authority to levy
12a tax for the purpose of this Act, the presiding officer of the
13governmental unit's county board with the advice and consent of
14the governmental unit's county board, shall appoint a board of
153 directors who shall administer this Act. The board shall be
16designated the "(name of governmental unit county) County Board
17for Care and Treatment of Persons with a Developmental
18Disability". The original appointees shall be appointed for
19terms expiring, respectively, on June 30 in the first, second
20and third years following their appointment as designated by
21the appointing authority. All succeeding terms shall be for 3
22years and appointments shall be made in like manner. Vacancies
23shall be filled in like manner for the balance of the unexpired
24term. Each director shall serve until his successor is
25appointed. Directors shall serve without compensation but

 

 

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1shall be reimbursed for expenses reasonably incurred in the
2performance of their duties.
3    (b) The governmental unit's county board of any
4governmental unit county that has established a 3-member board
5under this Section may, by ordinance or resolution, provide
6that the governmental unit's county board for care and
7treatment of persons with a developmental disability in that
8governmental unit county shall consist of 5 members. Within 60
9days after the ordinance or resolution is adopted, the
10presiding officer of the governmental unit county, with the
11advice and consent of the governmental unit's county board,
12shall appoint the 2 additional members. One member shall serve
13for a term expiring on June 30 of the second year following his
14or her appointment, and one shall serve for a term expiring on
15June 30 of the third year following his or her appointment.
16Their successors shall serve for 3-year terms.
17(Source: P.A. 96-295, eff. 8-11-09.)
 
18    (55 ILCS 105/4)  (from Ch. 91 1/2, par. 204)
19    Sec. 4. The directors shall meet in July, annually, and
20elect one of their number as president and one as secretary,
21and shall elect such other officers as they deem necessary.
22They shall adopt such rules for the administration of this Act
23as may be proper and expedient. They shall report to the court,
24from time to time, a detailed statement of their
25administration.

 

 

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1    The board shall have exclusive control of all money paid
2into the Fund for Persons with a Developmental Disability and
3shall draw upon the governmental unit's county treasurer for
4all or any part of that fund required by the board in the
5performance of its duties and exercise of its powers under this
6Act.
7    The board may establish, maintain, and equip facilities
8within the governmental unit county, for the care and treatment
9of persons with a developmental disability together with such
10auxiliary facilities connected therewith as the board finds
11necessary. For those purposes, the board may acquire, to be
12held in its name, real and personal property within the
13governmental unit county by gift, grant, legacy, purchase, or
14lease and may occupy, purchase, lease, or erect an appropriate
15building or buildings for the use of such facilities and all
16related facilities and activities.
17    The board may provide for the care and treatment of persons
18with a developmental disability who are not residents of the
19governmental unit county and may establish and collect
20reasonable charges for such services.
21(Source: P.A. 88-380; 88-388; 89-585, eff. 1-1-97.)
 
22    (55 ILCS 105/5)  (from Ch. 91 1/2, par. 205)
23    Sec. 5. The board of directors may accept any donation of
24property for the purpose specified in Section 1, and shall pay
25over to the governmental unit's county treasurer any money so

 

 

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1received, within 30 days of the receipt thereof.
2(Source: Laws 1961, p. 3804.)
 
3    (55 ILCS 105/7)  (from Ch. 91 1/2, par. 207)
4    Sec. 7. The rate at which the sums to be so charged as
5provided in Section 6 of this Act shall be calculated by the
6board of directors is the average per capita operating cost for
7all persons receiving the benefit of such facilities or
8services computed for each fiscal year; provided, that the
9board may, in its discretion, set the rate at a lesser amount
10than such average per capita cost. Less amounts may be accepted
11by the board when conditions warrant such action or when money
12is offered by persons not liable under Section 6. Any money
13received pursuant to this Section shall be paid into the
14governmental unit's county Fund for Persons with a
15Developmental Disability.
16(Source: P.A. 88-380; 88-388.)
 
17    (55 ILCS 105/11)  (from Ch. 91 1/2, par. 211)
18    Sec. 11. Upon request of the board of directors, the
19State's Attorney of the county in which a person who is liable
20for payment of maintenance charges resides shall file suit in
21the circuit court to collect the amount due. The court may
22order the payment of sums due for maintenance for such period
23or periods as the circumstances require. Such order may be
24entered against any or all such defendants and may be based

 

 

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1upon the proportionate ability of each defendant to contribute
2to the payment of sums due. Orders for the payment of money may
3be enforced by attachment as for contempt against the persons
4of the defendants, and in addition as other judgments at law,
5and costs may be adjudged against the defendants and
6apportioned among them, but if the complaint is dismissed the
7costs shall be borne by the governmental unit county.
8    The provisions of the Civil Practice Law, and all
9amendments thereto, shall apply to and govern all actions
10instituted under the provisions of this Act.
11(Source: P.A. 82-783.)
 
12    (55 ILCS 105/14 new)
13    Sec. 14. Amendatory changes. The changes made by this
14amendatory Act of the 100th General Assembly do not: (i)
15dissolve or discontinue a county community developmental
16disabilities board established on or before the effective date
17of this amendatory Act of the 100th General Assembly; (ii)
18affect any tax levied or fund operated by a county community
19developmental disabilities board; or (iii) affect in any other
20way a county community developmental disabilities board
21operated as it previously had been operating under this Act.
 
22    Section 98. Illinois Compiled Statutes reassignment. The
23Legislative Reference Bureau shall reassign the Community Care
24for Persons with Developmental Disabilities Act (formerly the

 

 

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1County Care for Persons with Developmental Disabilities Act) to
2the location 50 ILCS 835/ in the Illinois Compiled Statutes and
3file appropriate documents with the Index Division of the
4Office of the Secretary of State in accordance with subsection
5(c) of Section 5.04 of the Legislative Reference Bureau Act.".