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| Public Act 098-0630 | ||||
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AN ACT concerning healthcare.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Community Expanded Mental Health Services | ||||
Act is amended by changing Sections 15 and 25 as follows: | ||||
(405 ILCS 22/15)
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Sec. 15. Creation of Expanded Mental Health Services | ||||
Program and Governing Commission. | ||||
(a) Whenever in a municipality with more than 1,000,000 | ||||
inhabitants, the question of creating an Expanded Mental Health | ||||
Services Program within a contiguous territory included | ||||
entirely within the municipality is initiated by resolution or | ||||
ordinance of the corporate authorities of the municipality or | ||||
by a petition signed by not less than 8% of the total votes | ||||
cast for candidates for Governor in the preceding gubernatorial | ||||
election by registered voters of the territory, the registered | ||||
voters of which are eligible to sign the petition, it shall be | ||||
the duty of the election authority having jurisdiction over | ||||
such municipality to submit the question of creating an | ||||
Expanded Mental Health Services Program to the electors of the | ||||
territory at the regular election specified in the resolution, | ||||
ordinance, or petition initiating the question. A petition | ||||
initiating a question described in this Section shall be filed | ||||
with the election authority having jurisdiction over the | ||
municipality. The petition shall be filed and objections | ||
thereto shall be made in the manner provided in the general | ||
election law. A resolution, ordinance, or petition initiating a | ||
question described in this Section shall specify the election | ||
at which the question is to be submitted. The referendum on | ||
such question shall be held in accordance with general election | ||
law. Such question, and the resolution, ordinance, or petition | ||
initiating the question, shall include a description of the | ||
territory, the name of the proposed Expanded Mental Health | ||
Services Program, and the maximum rate at which the Expanded | ||
Mental Health Services Program shall be able to levy a property | ||
tax. The question shall be in substantially the following form: | ||
Shall there be established, to serve the territory commonly | ||
described on this ballot or notice of this question, a ........ | ||
(fill in community name) Expanded Mental Health Services | ||
Program, to provide direct free mental health services for any | ||
resident of the territory who needs assistance in overcoming or | ||
coping with mental or emotional disorders, where such program | ||
will be funded through an increase of not more than ..... (fill | ||
in tax rate from .025% to .044% .004 to .007) of the equalized | ||
assessed valuation real estate property tax bill of all | ||
properties parcels within the boundaries of the territory (for | ||
example, $..... (fill in tax rate figure) for every $1,000 of | ||
taxes you currently pay)? | ||
All of that area within the geographic boundaries of the | ||
territory described in such question shall be included in the | ||
Program, and no area outside the geographic boundaries of the | ||
territory described in such question shall be included in the | ||
Program. If the election authority determines that the | ||
description cannot be included within the space limitations of | ||
the ballot, the election authority shall prepare large printed | ||
copies of a notice of the question, which shall be prominently | ||
displayed in the polling place of each precinct in which the | ||
question is to be submitted. | ||
(b) Whenever a majority of the voters on such public | ||
question approve the creation of an Expanded Mental Health | ||
Services Program as certified by the proper election | ||
authorities, within 90 days of the passage of the referendum | ||
the Governor shall appoint 5 members and the Mayor of the | ||
municipality shall appoint 4 members, to be known as | ||
commissioners, to serve as the governing body of the Expanded | ||
Mental Health Services Program. | ||
(c) Of the 5 commissioners appointed by the Governor, the | ||
Governor shall choose 4 commissioners from a list of nominees | ||
supplied by a community organization or community | ||
organizations as defined in this Act; these 4 commissioners | ||
shall reside in the territory of the Program. Of the | ||
commissioners appointed by the Governor, one shall be a mental | ||
health professional and one shall be a mental health consumer | ||
residing in the territory of the Program. | ||
(d) Of the 4 commissioners appointed by the Mayor of the | ||
municipality, the Mayor shall choose 3 commissioners from a | ||
list of nominees supplied by a community organization or | ||
community organizations as defined in this Act; these 3 | ||
commissioners shall reside in the territory of the Program. Of | ||
the commissioners appointed by the Mayor, one shall be a mental | ||
health professional and one shall be a mental health consumer | ||
residing in the territory of the Program. | ||
(e) A community organization may recommend up to 10 | ||
individuals to the Governor and up to 10 individuals to the | ||
Mayor to serve on the Governing Commission. | ||
(f) No fewer than 7 commissioners serving at one time shall | ||
reside within the territory of the Program. | ||
(g) Upon creation of a Governing Commission, the terms of | ||
the initial commissioners shall be as follows: (i) of the | ||
Governor's initial appointments, 2 shall be for 3 years, one | ||
for 2 years, and 2 for one year; and (ii) of the Mayor's | ||
initial appointments, one shall be for 3 years, 2 for 2 years, | ||
and one for one year. All succeeding terms shall be for 3 | ||
years, or until a successor is appointed and qualified. | ||
Commissioners shall serve without compensation except for | ||
reimbursement for reasonable expenses incurred in the | ||
performance of duties as a commissioner. A vacancy in the | ||
office of a member of a Governing Commission shall be filled in | ||
like manner as an original appointment. | ||
(h) Any member of the Governing Commission may be removed | ||
by a majority vote of all other commissioners for absenteeism, | ||
neglect of duty, misconduct or malfeasance in the office, after | ||
being given a written statement of the charges and an | ||
opportunity to be heard thereon. | ||
(i) All proceedings and meetings of the Governing | ||
Commission shall be conducted in accordance with the provisions | ||
of the Open Meetings Act.
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(Source: P.A. 96-1548, eff. 1-1-12.) | ||
(405 ILCS 22/25)
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Sec. 25. Expanded mental health services fund. | ||
(a) The Governing Commission shall maintain the expanded | ||
mental health services fund for the purposes of paying the | ||
costs of administering the Program and carrying out its duties | ||
under this Act, subject to the limitations and procedures set | ||
forth in this Act. | ||
(b) The expanded mental health services fund shall be | ||
raised by means of an annual tax levied on each property within | ||
the territory of the Program. The rate of this tax may be | ||
changed from year to year by majority vote of the Governing | ||
Commission but in no case shall it exceed the ceiling rate | ||
established by the voters in the territory of the Program in | ||
the binding referendum to approve the creation of the Expanded | ||
Mental Health Services Program. The ceiling rate must be set | ||
within the range of .025% to .044% of the equalized assessed | ||
valuation of all properties .004 to .007 on each property in | ||
the territory of the Program. A higher ceiling rate for a | ||
territory may be established within that range only by the | ||
voters in a binding referendum from time to time to be held in | ||
a manner as set forth in this legislation. The commissioners | ||
shall cause the amount to be raised by taxation in each year to | ||
be certified to the county clerk in the manner provided by law, | ||
and any tax so levied and certified shall be collected and | ||
enforced in the same manner and by the same officers as those | ||
taxes for the purposes of the county and city within which the | ||
territory of the Governing Commission is located. Any such tax, | ||
when collected, shall be paid over to the proper officer of the | ||
Governing Commission who is authorized to receive and receipt | ||
for such tax. The Governing Commission may issue tax | ||
anticipation warrants against the taxes to be assessed for a | ||
calendar year. | ||
(c) The moneys deposited in the expanded mental health | ||
services fund shall, as nearly as practicable, be fully and | ||
continuously invested or reinvested by the Governing | ||
Commission in investment obligations which shall be in such | ||
amounts, and shall mature at such times, that the maturity or | ||
date of redemption at the option of the holder of such | ||
investment obligations shall coincide, as nearly as | ||
practicable, with the times at which monies will be required | ||
for the purposes of the Program. For the purposes of this | ||
Section, "investment obligation" means direct general | ||
municipal, state, or federal obligations which at the time are | ||
legal investments under the laws of this State and the payment | ||
of principal of and interest on which are unconditionally | ||
guaranteed by the governing body issuing them. | ||
(d) The fund shall be used solely and exclusively for the | ||
purpose of providing expanded mental health services and no | ||
more than 15% of the annual levy may be used for reasonable | ||
salaries, expenses, bills, and fees incurred in administering | ||
the Program. | ||
(e) The fund shall be maintained, invested, and expended | ||
exclusively by the Governing Commission of the Program for | ||
whose purposes it was created. Under no circumstances shall the | ||
fund be used by any person or persons, governmental body, or | ||
public or private agency or concern other than the Governing | ||
Commission of the Program for whose purposes it was created. | ||
Under no circumstances shall the fund be commingled with other | ||
funds or investments. | ||
(f) No commissioner or family member of a commissioner, or | ||
employee or family member of an employee, may receive any | ||
financial benefit, either directly or indirectly, from the | ||
fund. Nothing in this subsection shall be construed to prohibit | ||
payment of expenses to a commissioner in accordance with | ||
subsection (g) of Section 15. | ||
(g) Annually, the Governing Commission shall prepare for | ||
informational purposes in the appropriations process: (1) 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 30 days prior to the start of the fiscal | ||
year; and (2) an independent financial audit of the fund and | ||
the management of the Program 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 days of the close of that fiscal year. | ||
These reports shall be made available to the public through any | ||
office of the Governing Commission or a public facility such as | ||
a local public library located within the territory of the | ||
Program. In addition, and in an effort to increase transparency | ||
of public programming, the Governing Commission shall | ||
effectively create and operate a publicly accessible website, | ||
which shall publish results of all audits for a period of no | ||
less than six months after the initial disclosure of the | ||
results and findings of each audit.
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(h) Any expanded Mental Health Services Program existing on | ||
the effective date of this amendatory Act of the 98th General | ||
Assembly and created before December 31, 2012 by majority voter | ||
support on a binding referendum shall be authorized to levy for | ||
the 2013 levy year at the minimum tax rate of .025% of the | ||
equalized assessed valuation of all properties within its | ||
territory. | ||
(Source: P.A. 96-1548, eff. 1-1-12; 97-813, eff. 7-13-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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