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90_HB1193ham002
LRB9003772MWcdam
1 AMENDMENT TO HOUSE BILL 1193
2 AMENDMENT NO. . Amend House Bill 1193 on page 18,
3 line 8, by deleting "and"; and
4 on page 18, by replacing line 9 with the following:
5 "80-20, 185-5, 185-10, 185-15, 185-20, 185-30, 185-35,
6 185-50, and 185-65 and the heading of Article 185 as
7 follows:"; and
8 on page 23, by inserting immediately below line 26 the
9 following:
10 "(60 ILCS 1/Art. 185 heading)
11 ARTICLE 185. FACILITIES AND SERVICES
12 FOR MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED PERSONS
13 (60 ILCS 1/185-5)
14 Sec. 185-5. Facilities and services; tax.
15 (a) A township may provide facilities or services for
16 the benefit of its residents who are persons with a mental
17 illness or developmental disability and who are not eligible
18 to participate in any program conducted under Article 14 of
19 the School Code, or a township may contract for those
20 facilities or services with any privately or publicly
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1 operated entity that provides facilities or services either
2 in or outside the township.
3 (b) For the purpose described in subsection (a), the
4 township board may, pursuant to the referendum requirements
5 in Section 185-10, levy an annual tax of not more than 0.1%
6 of the value of all the taxable property in the township, as
7 equalized or assessed by the Department of Revenue, upon that
8 property. The tax shall be levied and collected in the same
9 manner as other township taxes but shall not be included in
10 any limitation otherwise prescribed as to the rate or amount
11 of township taxes and shall be in addition to and in excess
12 of other township taxes. When collected, the tax shall be
13 paid into a special fund in the township treasury, designated
14 the "Fund for Persons with a Mental Illness or Developmental
15 Disability", and shall, together with any interest earned, be
16 used only for the purpose specified in this Article.
17 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
18 12-2-94.)
19 (60 ILCS 1/185-10)
20 Sec. 185-10. Referendum.
21 (a) Before a tax may be levied under Section 185-5, the
22 township board shall certify that question to the proper
23 election officials, who shall submit the proposition at an
24 election under the general election law. The proposition
25 shall be in substantially the following form:
26 Shall (name of township) be authorized to levy an
27 annual tax of not more than 0.1% of the value of all the
28 taxable property in the township for the purpose of
29 providing services and facilities to residents who are
30 persons with a mental illness or developmental
31 disability?
32 The votes shall be recorded as "Yes" or "No".
33 (b) If a majority of the voters voting on the
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1 proposition vote in favor of it, the tax levy is authorized.
2 If a majority of the vote is against the proposition, the tax
3 levy is not authorized.
4 (Source: P.A. 87-895; 88-62; incorporates 88-380; 88-670,
5 eff. 12-2-94.)
6 (60 ILCS 1/185-15)
7 Sec. 185-15. Board of directors to administer Article.
8 When a township has authority to levy a tax for the purpose
9 of this Article, the township supervisor, with the advice and
10 consent of the township board, shall appoint a board of 3
11 directors who shall administer this Article. The board shall
12 be designated the "(name of township) Board for Care and
13 Treatment of Persons with a Mental Illness or Developmental
14 Disability". The initial appointees shall be appointed for
15 terms expiring, respectively, on June 30 in the first,
16 second, and third years following their appointment as
17 designated by the appointing authority. All succeeding terms
18 shall be for 3 years, and successors shall be appointed in
19 the same manner as the initial appointees. Vacancies shall
20 be filled in the same manner for the balance of the unexpired
21 term. Each director shall serve until his or her successor
22 is appointed. Directors shall serve without compensation but
23 shall be reimbursed for expenses reasonably incurred in the
24 performance of their duties.
25 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
26 12-2-94.)
27 (60 ILCS 1/185-20)
28 Sec. 185-20. Directors' meetings and powers.
29 (a) The directors shall meet annually in July and shall
30 elect one of their number as president and one as secretary.
31 They shall adopt rules deemed proper and expedient for the
32 administration of this Article. They shall report annually
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1 to the township board, giving a detailed statement of their
2 administration.
3 (b) The board shall have exclusive control of all money
4 paid into the Fund for Persons with a Mental Illness or
5 Developmental Disability and shall draw upon the township
6 treasurer for all or any part of that fund required by the
7 board in the performance of its duties and exercise of its
8 powers under this Article.
9 (c) The board may establish, maintain, and equip
10 facilities within the township for the care and treatment of
11 persons with a mental illness or developmental disability,
12 together with auxiliary facilities connected with those
13 facilities that the board finds necessary. For those
14 purposes, the board may acquire, to be held in its name, real
15 and personal property within the township by gift, grant,
16 legacy, purchase, or lease and may occupy, purchase, lease,
17 or erect an appropriate building or buildings for the use of
18 the facilities and all related facilities and activities.
19 (d) The board may provide for the care and treatment of
20 persons with a developmental disability who are not residents
21 of the township and may establish and collect reasonable
22 charges for those services.
23 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
24 12-2-94.)
25 (60 ILCS 1/185-30)
26 Sec. 185-30. Maintenance charge. The board of directors
27 may impose a maintenance charge upon the estate of any person
28 with a mental illness or developmental disability receiving
29 the benefits of the facilities or services described in
30 Section 185-5. If the person's estate is insufficient, the
31 parent or parents of the person are liable for payment and
32 the amount due.
33 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
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1 12-2-94.)
2 (60 ILCS 1/185-35)
3 Sec. 185-35. Rate of maintenance charge. The rate at
4 which the board of directors shall calculate the sums to be
5 charged under Section 185-30 is the average per capita
6 operating cost for all persons receiving the benefit of the
7 facilities or services computed for each fiscal year. The
8 board may, however, in its discretion, set the rate at a
9 lesser amount than the average per capita cost. Lesser
10 amounts may be accepted by the board when conditions warrant
11 that action or when money is offered by persons not liable
12 under Section 185-30. Any money received under this Section
13 shall be paid into the township Fund for Persons with a
14 Mental Illness or Developmental Disability.
15 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
16 12-2-94.)
17 (60 ILCS 1/185-50)
18 Sec. 185-50. Petition for modifying maintenance charge.
19 Any person who has been issued a statement of any sum due for
20 maintenance charges for a person with a mental illness or
21 developmental disability may petition the board of directors
22 for a modification of the statement, and the board shall
23 provide for a hearing on the petition. The board may, after
24 a hearing, grant relief it deems proper.
25 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
26 12-2-94.)
27 (60 ILCS 1/185-65)
28 (Text of Section before amendment by P.A. 89-507)
29 Sec. 185-65. Department of Mental Health and
30 Developmental Disabilities powers.
31 (a) The Department of Mental Health and Developmental
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1 Disabilities ("Department") may adopt rules for the guidance
2 of any board of directors, prescribing reasonable standards
3 concerning programs, facilities, and services for persons
4 with a mental illness or developmental disability.
5 (b) The provisions of the Illinois Administrative
6 Procedure Act are hereby expressly adopted and apply to all
7 administrative rules and procedures of the Department under
8 this Article, except that in case of conflict between the
9 Illinois Administrative Procedure Act and this Article the
10 provisions of this Article shall control, and except that
11 Section 5-35 of the Illinois Administrative Procedure Act
12 relating to procedures for rulemaking does not apply to the
13 adoption of any rule required by federal law in connection
14 with which the Department is precluded by law from exercising
15 any discretion.
16 (c) The Department may conduct any investigation
17 necessary to ascertain compliance with rules adopted under
18 this Article.
19 (d) If a board of directors fails to comply with the
20 Department's rules, the Department shall withhold
21 distribution of any State grant in aid until the board
22 complies with the rules.
23 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
24 12-2-94.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 185-65. Department of Human Services powers.
27 (a) The Department of Human Services ("Department") may
28 adopt rules for the guidance of any board of directors,
29 prescribing reasonable standards concerning programs,
30 facilities, and services for persons with a mental illness or
31 developmental disability.
32 (b) The provisions of the Illinois Administrative
33 Procedure Act are hereby expressly adopted and apply to all
34 administrative rules and procedures of the Department under
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1 this Article, except that in case of conflict between the
2 Illinois Administrative Procedure Act and this Article the
3 provisions of this Article shall control, and except that
4 Section 5-35 of the Illinois Administrative Procedure Act
5 relating to procedures for rulemaking does not apply to the
6 adoption of any rule required by federal law in connection
7 with which the Department is precluded by law from exercising
8 any discretion.
9 (c) The Department may conduct any investigation
10 necessary to ascertain compliance with rules adopted under
11 this Article.
12 (d) If a board of directors fails to comply with the
13 Department's rules, the Department shall withhold
14 distribution of any State grant in aid until the board
15 complies with the rules.
16 (Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
17 12-2-94; 89-507, eff. 7-1-97.)".