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| Public Act 095-0336 |
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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 | ||||
changing Sections 1, 2, 3a, 3e, 3f, 4, 5, 6, 7, 9, 10, and 11 as | ||||
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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"Direct recipient services" means only those services | ||||
required to carry out a completed individualized treatment plan | ||||
that is is signed by a service recipient or legal guardian. | ||||
Crisis assessment and stabilization services are excluded, | ||||
although these services may be anticipated in a treatment plan.
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(a)"Governmental
governmental unit" means any county, | ||||
city, village, incorporated
town, or township. ;
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"Person
(b) "person with a developmental disability" means | ||||
any person or persons so
diagnosed and as defined in the Mental | ||||
Health and Developmental Disabilities
Code. Community mental | ||||
health boards operating under this Act may in their | ||||
jurisdiction, by a majority vote, add to the definition of | ||||
"person with a developmental disability". ;
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"Mental illness" has the meaning ascribed to that term in | ||||
the Mental Health and Developmental Disabilities Code. | ||||
Community mental health boards operating under this Act may in | ||
their jurisdiction, by a majority vote, add to the definition | ||
of "mental illness".
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"Substance use disorder" encompasses substance abuse, | ||
dependence, and addiction, not inconsistent with federal or | ||
State definitions.
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(c) "substance abuse" means the excessive use of alcohol, | ||
addiction to a
controlled substance, or the habitual use of | ||
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, | ||
township,
public health district, county health department, | ||
multiple-county health
department, school district or any | ||
combination thereof, in consultation
with and being advised by | ||
the Department of Human Services,
shall
have the power to | ||
construct, repair, operate, maintain and regulate
community | ||
mental health facilities to provide mental health services as
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defined by the local community mental health board, including | ||
services
for, persons with a developmental disability or | ||
substance use disorder
and for the substance abuser, for
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residents thereof and/or to contract therefor with any private | ||
or public
entity which provides such facilities and services, | ||
either in or without
such county, city, village, incorporated | ||
town, township, public health
district, county health | ||
department, multiple-county health department,
school district | ||
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 | ||
annual tax
under any of the provisions of this Act shall, | ||
before it may levy such
tax, establish a 7 member community | ||
mental health board who shall
administer this Act. Such board | ||
shall be appointed by the chairman of
the governing body of a | ||
county, the mayor of a city, the president of a
village, the | ||
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 | ||
the
governing body of such county, city, village, incorporated | ||
town or the
town board of trustees of any township. Members of | ||
the community mental
health board shall be residents of the | ||
government unit and, as nearly as
possible, be representative | ||
of interested groups of the community such
as local health | ||
departments, medical societies, local comprehensive
health | ||
planning agencies, hospital boards, lay associations concerned
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with mental health, developmental disabilities and substance | ||
abuse, as well as
the general public. Only one member shall be | ||
a member of the governing body.
The chairman of the governing | ||
body may, upon the request of the community
mental health | ||
board, appoint 2 additional members to the community mental
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health board. No member of the community mental health board | ||
may be a
full-time or part-time employee of the Department of | ||
Human Services or a board member, employee or any other | ||
individual
receiving compensation from any facility or service
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operating under contract to the board;
except that unpaid | ||
members of the board of directors of any
not-for-profit | ||
corporation operating under contract to community mental
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health boards of 2 adjacent counties established prior to 1979 | ||
may also be
members of such community mental health boards. If | ||
a successful referendum is
held under Section 5 of this Act, | ||
all members of such board shall be
appointed within 60 days of | ||
the referendum.
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Home rule units are exempt from this Act. However, they | ||
may, by
ordinance, adopt the provisions of this Act, or any | ||
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 | ||
at a
referendum. Such referendum may have been held at any time | ||
subsequent to the
effective date of the Community Mental Health | ||
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 | ||
its
number as president and one as secretary and such other | ||
officers as it
may deem necessary. It shall make rules and | ||
regulations concerning the
rendition or operation of services | ||
and facilities which it directs,
supervises or funds, not | ||
inconsistent with the provisions of this Act or
with the rules | ||
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 | ||
which officers
shall be elected for the ensuing year | ||
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 | ||
by at least
2 members and filed with the secretary;
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(d) Review and evaluate community mental health | ||
services and
facilities, including services and facilities | ||
for the treatment of
alcoholism, drug addiction, | ||
developmental disabilities and mental
retardation;
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(e) Authorize the disbursement of money from the | ||
community mental health fund for payment for the ordinary | ||
and contingent expenses of the board;
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(f)
(e) Submit to the appointing officer and , the | ||
members of the governing
body, the Department of Human | ||
Services, and the Health Systems
Agency a written plan for | ||
a program of community mental health services and
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facilities including programs for persons adjudicated | ||
delinquent minors
under the Juvenile Court Act or the | ||
Juvenile Court Act of 1987 who are
found to be persons with | ||
mental illness, for persons with a mental illness, a
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developmental
disability, or a substance use disorder
and | ||
for the substance abuser. Such plan shall be for the | ||
ensuing 12
month period. In addition, a plan shall be | ||
developed for the ensuing 3 year
period and such plan shall | ||
be reviewed at the end of every 12 month period and
shall | ||
be modified as deemed advisable. The basic components of | ||
such plans
shall be consistent with the regulations of the | ||
Department of Human
Services.
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(g)
(f) Within amounts appropriated therefor, execute | ||
such programs and
maintain such services and facilities as | ||
may be authorized under such
appropriations, including | ||
amounts appropriated under bond issues, if any;
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(h)
(g)
Publish the
The board shall cause the | ||
publication of its annual budget and report
within 120
60
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days after the end of the fiscal year in a newspaper | ||
distributed
published
within the jurisdiction of the | ||
board, or, if no newspaper is published
within the | ||
jurisdiction of the board, then one published in the | ||
county,
or, if no newspaper is published in the county, | ||
then in a newspaper
having general circulation within the | ||
jurisdiction of the board. The
report shall show the | ||
condition of its trust of that year, the sums of
money | ||
received from all sources, giving the name of any donor, | ||
how all
monies have been expended and for what purpose, and | ||
such other
statistics and program information in regard to | ||
the work of the board as
it may deem of general interest. A | ||
copy of the budget and the annual
report shall be made | ||
available
also be sent to the Department of Human Services | ||
and to the regional Health Systems Agency and to members
of | ||
the General Assembly whose districts include any part of | ||
the
jurisdiction of such board. The names of all employees, | ||
consultants, and
other personnel shall be set forth along | ||
with the amounts of money received;
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(i)
(h) Consult with other appropriate local private | ||
and public agencies
and the Department of Human Services in
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the development of local plans for the most efficient | ||
delivery of mental
health, developmental disabilities,
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alcoholism and substance use disorder
abuse services. The | ||
Board is authorized
to join and to participate in the | ||
activities of associations organized for
the purpose of | ||
promoting more efficient and effective services and | ||
programs;
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(j)
(i)
Have the authority to review
Review and comment | ||
on all applications for grants by any person,
corporation, | ||
or governmental unit providing services within the
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geographical area of the board which provides mental health | ||
facilities
and services, when such facilities and services | ||
are included in the
board's one-year and 3-year plans,
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including services for the person with a
mental illness, a
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developmental disability, or a substance use disorder
and | ||
the substance abuser. The board may require funding | ||
applicants to
Grant applicants
shall send a copy of their | ||
funding
grant application to the board at the time
such | ||
application is submitted to the Department of Human | ||
Services or to any other local, State or federal funding | ||
source or
governmental agency. Within 60 days of the | ||
receipt of any application, the
board shall submit its | ||
review and comments to the Department of Human
Services or | ||
to any other appropriate local, State
or federal funding | ||
source or governmental agency. A copy of the review and
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comments shall be submitted both to the funding
grant
| ||
applicant and to the regional
Health Systems Agency. Within | ||
60 days thereafter, the Department of
Human Services or any | ||
other appropriate
local or State governmental agency shall | ||
issue a written response to
the board and the funding | ||
applicant , to the grant applicant and to the federal Health | ||
Systems
Agency. The Department of Human Services shall | ||
supply
any community mental health board such information | ||
about
purchase-of-care funds, State facility utilization, | ||
and costs in its
geographical area as the board may request | ||
provided that the information
requested is for the purpose | ||
of the Community Mental Health Board
complying with the | ||
requirements of Section 3f
3 e, subsection (f)
(e) of this | ||
Act;
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(k)
(j) Perform such other acts as may be necessary or | ||
proper to carry
out the purposes of this Act, if not | ||
inconsistent with the regulations
of the Department of | ||
Human Services.
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(2) The community mental health board has the following | ||
powers:
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(a) The board may enter into multiple-year contracts | ||
for rendition
or operation of services,
facilities and | ||
educational programs.
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(b) The board may arrange through intergovernmental | ||
agreements or intragovernmental agreements or both for the | ||
rendition of services and operation
of
facilities by other | ||
agencies or departments of the governmental unit or county | ||
in which
the governmental unit is located with the approval | ||
of the governing
body.
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(c) To
The board may employ, establish compensation | ||
for, and set policies for its
such personnel, including | ||
legal counsel, as
may be
necessary to carry out the | ||
purposes of this Act and prescribe the duties thereof
of | ||
and
establish salaries and provide other compensation for | ||
such personnel. The
board may enter into multiple-year | ||
employment contracts as may be
necessary for the | ||
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 | ||
agreements,
which shall be written, with other
contiguous
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mental health boards and boards of health to provide | ||
jointly
agreed upon community mental health facilities and | ||
services and to pool
such funds as may be deemed necessary | ||
and available for this purpose.
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(e) The board may organize a not-for-profit | ||
corporation for the purpose of
providing direct recipient | ||
services. Such corporations shall have, in addition
to all | ||
other lawful powers, the power to contract with persons to | ||
furnish
services for recipients of the corporation's | ||
facilities, including
psychiatrists and other physicians | ||
licensed in this State to practice medicine
in all of its | ||
branches. Such physicians shall be considered independent
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contractors, and liability for any malpractice shall not | ||
extend to such
corporation, nor to the community mental | ||
health board, except for gross
negligence in entering into | ||
such a contract.
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(f) The board shall not operate any direct recipient | ||
services for more
than
a 2-year period when such services | ||
are being provided in the governmental unit,
but shall | ||
encourage, by financial support, the development of | ||
private agencies
to deliver such needed services, pursuant | ||
to regulations of the board.
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(g) Where there are multiple boards within the same | ||
planning area, as
established by the Department of Human | ||
Services, services
may be purchased through a single | ||
delivery system. In such areas, a
coordinating body with | ||
representation from each board shall be established to
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carry out the service functions of this Act. In the event | ||
any such coordinating
body purchases or improves real | ||
property, such body shall first obtain the
approval of the | ||
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 | ||
agreements with
other governmental units
located within | ||
the geographical area of the board. Such agreements
shall | ||
be written and shall provide for the rendition of services | ||
by the
board to the residents of such governmental units.
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(i) The board may enter into multiple-year joint | ||
agreements with federal, State, and local governments, | ||
including
the Department of Human Services,
whereby the | ||
board will provide certain
services, the costs of which | ||
shall be negotiated between the Department
and the board.
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This provision shall not be construed to limit the
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authority of the board to contract with other federal, | ||
State and local
agencies. All such joint agreements must | ||
provide for the exchange of
relevant data. However, nothing | ||
in this Act shall be construed to permit
the abridgement of | ||
the confidentiality of patient records.
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(j) The board may receive gifts from private sources | ||
for purposes not
inconsistent
with the provisions of this | ||
Act.
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(k) The board may receive Federal, State and local | ||
funds for purposes
not inconsistent with the provisions of | ||
this Act.
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(l) The board may establish scholarship programs. Such | ||
programs shall
require
equivalent
service or reimbursement | ||
pursuant to regulations of the board.
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(m) The board may sell, rent, or lease real property | ||
for purposes
consistent with this
Act.
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(n) The board may: (i) own real property, lease real | ||
property as lessee,
or
acquire real property by purchase, | ||
construction, lease-purchase agreement, or
otherwise; (ii) | ||
take title to the property in the board's name; (iii) | ||
borrow
money and issue debt instruments, mortgages, | ||
purchase-money mortgages, and
other security instruments | ||
with respect to the property; and (iv) maintain,
repair, | ||
remodel, or improve the property. All of these activities | ||
must be for
purposes consistent with this Act as may be | ||
reasonably necessary for the
housing and proper | ||
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 | ||
corporation (i) for the
purpose of raising money to be | ||
distributed by the board for providing community
mental | ||
health services and facilities for the treatment of | ||
alcoholism, drug
addiction, developmental disabilities, | ||
and mental retardation or (ii) for
other purposes not | ||
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 | ||
prepare and submit, for informational purposes in the | ||
appropriations process,
to the appointing officer and | ||
governing body referred to in Section 3a:
(a) an annual budget | ||
showing the estimated receipts and intended
disbursements | ||
pursuant to this Act for the fiscal year immediately
following | ||
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 | ||
annual report
detailing the income received and disbursements | ||
made pursuant to this
Act during the fiscal year just preceding | ||
the date the annual report is
submitted, which date must be | ||
within 90
60 days of the close of that fiscal
year. Such report | ||
shall also include those matters set forth in Section
8 of this | ||
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 | ||
supplement
existing funds for such community mental health | ||
facilities and services,
including facilities and services for | ||
the person with a developmental
disability or a substance use | ||
disorder
and the substance abuser, the governing body of any | ||
governmental
unit, subject to the provisions of Section 5, may | ||
levy an annual tax of not to
exceed .15% upon all of the | ||
taxable property in such governmental unit at the
value | ||
thereof, as equalized or assessed by the Department of Revenue. | ||
Such tax
shall be levied and collected in the same manner as | ||
other governmental unit
taxes, but shall not be included in any | ||
limitation otherwise prescribed as to
the rate or amount of | ||
governmental unit taxes, but shall be in addition thereto
and | ||
in excess thereof.
| ||
When collected, such tax shall be paid into a special fund | ||
to be
designated as the "Community Mental Health Fund" which | ||
shall, upon
authorization by the appropriate governmental | ||
unit, be administered by
the community mental health board and | ||
used only for the purposes
specified in this Act. Nothing | ||
contained herein shall in any way
preclude the use of other | ||
funds available for such purposes under any
existing Federal, | ||
State or local statute. Interest earned from moneys
deposited | ||
in this Fund shall only be used for purposes which are
| ||
authorized by this Act.
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In any city, village, incorporated town, or township which | ||
levies a
tax for the purpose of providing community mental | ||
health facilities and
services and part or all of such city, | ||
village, incorporated town, or
township is in a county or | ||
township, as the case may be, which levies a
tax to provide | ||
community mental health facilities and services under the
| ||
provisions of this Act, such county or township, as the case | ||
may be,
shall pay to such city, village, incorporated town, or | ||
township, as the
case may be, the entire amount collected from | ||
taxes under this Section
on property subject to a tax which any | ||
city, village, incorporated town,
or township thereof levies to | ||
provide community mental health facilities
and services.
| ||
Whenever any city, village, incorporated town, or township | ||
receives
any payments from a county or township as provided | ||
above, such city,
village, incorporated town, or township shall | ||
reduce and abate from the
tax levied by the authority of this | ||
Section a rate which would produce
an amount equal to the | ||
amount received from such county or township.
| ||
(Source: P.A. 88-380.)
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(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
| ||
Sec. 5. When the governing body of a governmental unit | ||
passes a
resolution as provided in Section 4 asking that an | ||
annual tax may be
levied for the purpose of providing such | ||
mental health facilities and
services, including facilities | ||
and services for the person with a
developmental disability or | ||
a substance use disorder
and the substance abuser, in the | ||
community and so
instructs the clerk of the governmental unit | ||
such clerk shall certify the
proposition to the proper election | ||
officials for submission at a regular
election in accordance | ||
with the general election law. The proposition shall be
in the | ||
following form:
| ||
-------------------------------------------------------------
| ||
Shall............ (governmental
| ||
unit) levy an annual tax of not to YES
| ||
exceed .15% for the purpose of providing
| ||
community mental health facilities and ---------------
| ||
services including facilities and services
| ||
for the person with a developmental NO
| ||
disability or a substance use disorder
| ||
and the substance abuser?
| ||
-------------------------------------------------------------
| ||
If a majority of all the votes cast upon the proposition | ||
are for the
levy of such tax, the governing
governmental body | ||
of such governmental unit shall
thereafter annually levy a tax | ||
not to exceed the rate set forth in
Section 4. Thereafter, the | ||
governing body shall in the annual
appropriation bill | ||
appropriate from such funds such sum or sums of money
as may be | ||
deemed necessary, based upon the community mental health
| ||
board's budget, the board's annual mental health report, and | ||
the local
mental health plan to defray necessary expenses and | ||
liabilities in
providing for such community mental health | ||
facilities and services.
| ||
(Source: P.A. 88-380.)
| ||
(405 ILCS 20/6) (from Ch. 91 1/2, par. 306)
| ||
Sec. 6. Whenever the governing body of any governmental | ||
unit has
not provided the community mental health facilities | ||
and services
provided in Section 2 and levied the tax provided | ||
in Section 4 and a
petition signed by electors of the | ||
governmental unit equal in number to
at least 10% of the total | ||
votes cast for the office which received the greatest
total | ||
number of votes at the last preceding general governmental unit | ||
election
is presented to the clerk of the governmental unit | ||
requesting the establishment
and maintenance of such community | ||
mental health facilities and services,
including facilities | ||
and services for the person with a developmental
disability or | ||
a substance use disorder
and the substance abuser, for | ||
residents
thereof and the levy of such an annual tax therefor, | ||
the governing body
of the governmental unit, subject to the | ||
provisions of Section 7, shall
establish and maintain such | ||
community mental health facilities and
services and shall levy | ||
such an annual tax of not to exceed .15% upon
all of the | ||
taxable property in such governmental unit at the value
| ||
thereof, as equalized or assessed by the Department of Revenue. | ||
Such tax
shall be levied and collected in the same manner as
| ||
other governmental unit taxes, but shall not be included in any
| ||
limitation otherwise prescribed as to the rate or amount of | ||
governmental
unit taxes, but shall be in addition thereto and | ||
in excess thereof.
| ||
When collected, such tax shall be paid into a special fund | ||
to be
designated as the "Community Mental Health Fund" which | ||
shall, upon
authorization by the appropriate governmental | ||
unit, be administered by
the community mental health board and | ||
used only for the purposes
specified in this Act. Nothing | ||
contained herein shall in any way
preclude the use of other | ||
funds available for such purposes under any
existing Federal, | ||
State or local statute. Interest earned from moneys
deposited | ||
in this Fund shall only be used for purposes which are
| ||
authorized by this Act.
| ||
In any city, village, incorporated town, or township which | ||
levies a
tax for the purpose of providing community mental | ||
health facilities and
services and part or all of such city, | ||
village, incorporated town, or
township is in a county or | ||
township, as the case may be, which levies a
tax to provide | ||
community mental health facilities and services under the
| ||
provisions of this Act, such county or township, as the case | ||
may be,
shall pay to such city, village, incorporated town, or | ||
township, as the
case may be, the entire amount collected from | ||
taxes under this Section
on property subject to a tax which any | ||
city, village, incorporated town,
or township thereof levies to | ||
provide community mental health facilities
and services.
| ||
Whenever any city, village, incorporated town, or township | ||
receives
any payments from a county or township as provided | ||
above, such city,
village, incorporated town, or township shall | ||
reduce and abate from the
tax levied by the authority of this | ||
Section a rate which would produce
an amount equal to the | ||
amount received from such county or township.
| ||
(Source: P.A. 88-380.)
| ||
(405 ILCS 20/7) (from Ch. 91 1/2, par. 307)
| ||
Sec. 7. When the petition provided for in Section 6 is | ||
presented to
the clerk of the governmental unit requesting the | ||
establishment and
maintenance of such mental health facilities | ||
and services for residents
of the community and the levy of | ||
such an annual tax therefor, the clerk
of the governmental unit | ||
shall certify to the proper election officials
the proposition | ||
for the levy of such tax which shall be submitted at a regular
| ||
election in accordance with the general election law. The | ||
proposition shall be
in substantially the following form:
| ||
-------------------------------------------------------------
| ||
Shall....................
| ||
(governmental unit) establish and
| ||
maintain community mental health YES
| ||
facilities and services including
| ||
facilities and services for the ----------------------
| ||
person with a developmental
| ||
disability or a substance NO
| ||
use disorder
| ||
and the substance
| ||
abuser and levy therefor an annual
| ||
tax of not to exceed .15%?
| ||
-------------------------------------------------------------
| ||
If a majority of all the votes cast upon the proposition | ||
are in favor
thereof, the governing
governmental body of such | ||
governmental unit shall establish
and maintain such community | ||
mental health facilities and services and
shall annually levy | ||
such tax. Thereafter, the governing body shall in
the annual | ||
appropriation bill appropriate from such funds such sum or
sums | ||
of money as may be deemed necessary, based upon the community
| ||
mental health board's budget, the board's annual mental health | ||
report,
and the board's plan to defray necessary expenses and | ||
liabilities in
providing for such community mental health | ||
facilities and services.
| ||
(Source: P.A. 88-380.)
| ||
(405 ILCS 20/9) (from Ch. 91 1/2, par. 309)
| ||
Sec. 9. Whenever electors, equal in number to at least 10% | ||
of the
total votes cast for the office on which the greatest | ||
total number of
votes were cast at the last preceding general | ||
governmental unit
election, of a governmental unit which has | ||
adopted the taxing provisions
of this Act, present a petition | ||
to the clerk of the governmental unit,
requesting that the | ||
levying of a tax annually in such governmental unit
for the | ||
purpose of providing community mental health facilities and
| ||
services be discontinued, the clerk shall certify the | ||
proposition to the
proper election officials for submission at | ||
a regular election in accordance
with the general election law. | ||
The proposition shall be substantially in
the following form:
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Shall.... (governmental unit)
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discontinue the levying of an annual tax for YES
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the purpose of providing community mental
| ||
health facilities and services including ----------------
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facilities and services for the
| ||
person with a developmental disability NO
| ||
or a substance use disorder
| ||
and
| ||
the substance abuser?
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If a majority of all the votes cast upon the proposition | ||
are for the
discontinuance of the levying of such tax, the | ||
governing body of the
governmental unit shall not thereafter | ||
levy such a tax unless a
proposition authorizing such levy | ||
again receives a majority of all the
votes cast upon the | ||
proposition as provided in Sections 5 and 7 of this Act.
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(Source: P.A. 88-380.)
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(405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
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Sec. 10. Whenever the board and the governing body of a | ||
governmental unit by
resolution determines that it is necessary | ||
to issue bonds of the governmental
unit to enable it to provide | ||
buildings for or to make permanent improvements in
the | ||
community mental health facilities, including facilities for | ||
the person
with a developmental disability or a substance use | ||
disorder
and the substance abuser, the governing body
shall so | ||
instruct the clerk of the governmental unit. Thereupon, such | ||
clerk
shall certify the proposition to the proper election | ||
officials who shall submit
the proposition at a regular | ||
election in accordance with the general election
law. However, | ||
before such resolution is adopted, a report must be filed with
| ||
the board and the governing body by the Department of Human | ||
Services and the
regional Health Systems Agency as to the | ||
advisability of any
proposed building or of any proposed | ||
permanent improvements in existing
facilities.
| ||
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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(405 ILCS 20/11) (from Ch. 91 1/2, par. 311)
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Sec. 11. The proposition pursuant to Section 10 shall be in | ||
the following
form:
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Shall the.... (governmental unit) issue
| ||
bonds to the amount of.... dollars for the
| ||
purpose of enabling the governmental unit YES
| ||
to.... (purpose to be stated, which shall
| ||
be either to provide buildings for or to ----------------
| ||
make permanent improvements in the community
| ||
mental health facilities including facilities NO
| ||
for the person with a developmental
| ||
disability or a substance use disorder
| ||
and the substance abuser)?
| ||
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In case a majority of the votes cast upon the propositions | ||
shall be
in favor of the issuance of such bonds, ; the governing | ||
body of the
governmental unit shall issue the bonds of the | ||
governmental unit not
exceeding the amount authorized at the | ||
referendum. Such bonds shall become
due not more than 40 years | ||
after their date, shall be in denominations
of $100 or any | ||
multiple thereof, and shall bear interest, evidenced by
| ||
coupons, payable semi-annually, as shall be determined by the | ||
governing body.
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(Source: P.A. 88-380.)
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(405 ILCS 20/8.5 rep.)
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Section 10. The Community Mental Health Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||||
repealing Section 8.5.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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