Bill Text: IL HB0475 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: Amends the Counties Code. Provides that the Sangamon County Board may form, manage, fund, and operate a volunteer rescue squad to provide assistance within Sangamon County to any public entity providing law enforcement, firefighting, emergency disaster response, or first responder services. Provides that the volunteer rescue squad may (i) locate missing persons, including drowning victims, (ii) perform a supporting, and not direct, role in fighting fires, and (iii) extricate persons from unsafe conditions. Provides that the Sangamon County Board may provide benefits for rescue squad volunteers who suffer disease, injury, or death in the line of duty. In provisions concerning membership on a community mental health board, provides that only one board member shall be a member of the governmental unit's governing body, with the term of membership on the board to run concurrently with the elected term of the member. Provides that the community mental health board has the responsibility to set, maintain, and implement the budget. Provides that if a majority of all the votes cast upon a proposition are for the levy of an annual tax, the governing body of a governmental unit shall thereafter annually levy a tax (rather than the governing body of a governmental unit shall thereafter annually levy a tax, as deemed necessary by the community mental health board) not to exceed a specified rate.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0274 [HB0475 Detail]
Download: Illinois-2023-HB0475-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: Amends the Counties Code. Provides that the Sangamon County Board may form, manage, fund, and operate a volunteer rescue squad to provide assistance within Sangamon County to any public entity providing law enforcement, firefighting, emergency disaster response, or first responder services. Provides that the volunteer rescue squad may (i) locate missing persons, including drowning victims, (ii) perform a supporting, and not direct, role in fighting fires, and (iii) extricate persons from unsafe conditions. Provides that the Sangamon County Board may provide benefits for rescue squad volunteers who suffer disease, injury, or death in the line of duty. In provisions concerning membership on a community mental health board, provides that only one board member shall be a member of the governmental unit's governing body, with the term of membership on the board to run concurrently with the elected term of the member. Provides that the community mental health board has the responsibility to set, maintain, and implement the budget. Provides that if a majority of all the votes cast upon a proposition are for the levy of an annual tax, the governing body of a governmental unit shall thereafter annually levy a tax (rather than the governing body of a governmental unit shall thereafter annually levy a tax, as deemed necessary by the community mental health board) not to exceed a specified rate.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0274 [HB0475 Detail]
Download: Illinois-2023-HB0475-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by adding Section | ||||||
5 | 5-1188 as follows:
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6 | (55 ILCS 5/5-1188 new) | ||||||
7 | Sec. 5-1188. Sangamon County rescue squad. The Sangamon | ||||||
8 | County Board may form, manage, fund, and operate a volunteer | ||||||
9 | rescue squad to provide assistance within Sangamon County to | ||||||
10 | any public entity providing law enforcement, firefighting, | ||||||
11 | emergency disaster response, or first responder services. The | ||||||
12 | volunteer rescue squad may (i) locate missing persons, | ||||||
13 | including drowning victims, (ii) perform a supporting, and not | ||||||
14 | direct, role in fighting fires, and (iii) extricate persons | ||||||
15 | from unsafe conditions. The Sangamon County Board may provide | ||||||
16 | benefits for rescue squad volunteers who suffer disease, | ||||||
17 | injury, or death in the line of duty.
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18 | Section 10. The Community Mental Health Act is amended by | ||||||
19 | changing Sections 3a, 3b, 3e, and 5 as follows:
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20 | (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
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21 | Sec. 3a. Every governmental unit authorized to levy an |
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1 | annual tax
under any of the provisions of this Act shall, | ||||||
2 | before it may levy such
tax, establish a 7 member community | ||||||
3 | mental health board who shall
administer this Act. Such board | ||||||
4 | shall be appointed by the chairman of
the governing body of a | ||||||
5 | county, the mayor of a city, the president of a
village, the | ||||||
6 | president of an incorporated town, or the supervisor of a
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7 | township, as the case may be, with the advice and consent of | ||||||
8 | the
governing body of such county, city, village, incorporated | ||||||
9 | town or the
town board of trustees of any township. Members of | ||||||
10 | the community mental
health board shall be residents of the | ||||||
11 | government unit and, as nearly as
possible, be representative | ||||||
12 | of interested groups of the community such
as local health | ||||||
13 | departments, medical societies, local comprehensive
health | ||||||
14 | planning agencies, hospital boards, lay associations concerned
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15 | with mental health, developmental disabilities and substance | ||||||
16 | abuse, as well as
the general public. Only one member shall be | ||||||
17 | a member of the governing body , with the term of membership on | ||||||
18 | the board to run concurrently with the elected term of the | ||||||
19 | member .
The chairman of the governing body may, upon the | ||||||
20 | request of the community
mental health board, appoint 2 | ||||||
21 | additional members to the community mental
health board. No | ||||||
22 | member of the community mental health board may be a
full-time | ||||||
23 | or part-time employee of the Department of Human Services or a | ||||||
24 | board member, employee or any other individual
receiving | ||||||
25 | compensation from any facility or service
operating under | ||||||
26 | contract to the board. If a successful referendum is
held |
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1 | under Section 5 of this Act, all members of such board shall be
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2 | appointed within 60 days after the local election authority | ||||||
3 | certifies the passage of the referendum.
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4 | Home rule units are exempt from this Act. However, they | ||||||
5 | may, by
ordinance, adopt the provisions of this Act, or any | ||||||
6 | portion thereof,
that they may deem advisable.
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7 | The tax rate set forth in Section 4 may be levied by any
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8 | non-home rule unit only pursuant to the approval by the voters | ||||||
9 | at a
referendum. Such referendum may have been held at any time | ||||||
10 | subsequent to the
effective date of the Community Mental | ||||||
11 | Health Act.
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12 | (Source: P.A. 95-336, eff. 8-21-07.)
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13 | (405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
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14 | Sec. 3b.
The term of office of each member of the community | ||||||
15 | mental health
board shall be for 4 years, provided, however, | ||||||
16 | that of the members first
appointed, 2 shall be appointed for a | ||||||
17 | term of 2 years, 2 for a term of 3
years and 3 for a term of 4 | ||||||
18 | years. All terms shall be measured from the
first day of the | ||||||
19 | month year of appointment. Vacancies shall be filled for the
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20 | unexpired term in the same manner as original appointments.
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21 | (Source: Laws 1965, p. 1037.)
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22 | (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
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23 | Sec. 3e. Board's powers and duties.
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24 | (1) Every community mental health board shall, within 30 |
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1 | days after members are first appointed and within 30 days | ||||||
2 | after members are appointed or reappointed upon the expiration | ||||||
3 | of a member's term immediately
after appointment , meet and | ||||||
4 | organize, by the election of one of its
number as president and | ||||||
5 | one as secretary and such other officers as it
may deem | ||||||
6 | necessary. It shall make rules and regulations concerning the
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7 | rendition or operation of services and facilities which it | ||||||
8 | directs,
supervises or funds, not inconsistent with the | ||||||
9 | provisions of this Act. It shall:
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10 | (a) Hold a meeting prior to July 1 of each year at | ||||||
11 | which officers
shall be elected for the ensuing year | ||||||
12 | beginning July 1;
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13 | (b) Hold meetings at least quarterly;
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14 | (c) Hold special meetings upon a written request | ||||||
15 | signed by at least
2 members and filed with the secretary;
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16 | (d) Review and evaluate community mental health | ||||||
17 | services and
facilities, including services and facilities | ||||||
18 | for the treatment of
alcoholism, drug addiction, | ||||||
19 | developmental disabilities, and intellectual | ||||||
20 | disabilities;
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21 | (e) Authorize the disbursement of money from the | ||||||
22 | community mental health fund for payment for the ordinary | ||||||
23 | and contingent expenses of the board;
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24 | (f) Submit to the appointing officer and the members | ||||||
25 | of the governing
body a written plan for a program of | ||||||
26 | community mental health services and
facilities for |
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1 | persons with a mental illness, a
developmental
disability, | ||||||
2 | or a substance use disorder. Such plan shall be for the | ||||||
3 | ensuing 12
month period. In addition, a plan shall be | ||||||
4 | developed for the ensuing 3 year
period and such plan | ||||||
5 | shall be reviewed at the end of every 12 month period and
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6 | shall be modified as deemed advisable.
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7 | (g) Within amounts appropriated therefor, execute such | ||||||
8 | programs and
maintain such services and facilities as may | ||||||
9 | be authorized under such
appropriations, including amounts | ||||||
10 | appropriated under bond issues, if any;
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11 | (h)
Publish the annual budget and report
within 120
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12 | days after the end of the fiscal year in a newspaper | ||||||
13 | distributed
within the jurisdiction of the board, or, if | ||||||
14 | no newspaper is published
within the jurisdiction of the | ||||||
15 | board, then one published in the county,
or, if no | ||||||
16 | newspaper is published in the county, then in a newspaper
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17 | having general circulation within the jurisdiction of the | ||||||
18 | board. The
report shall show the condition of its trust of | ||||||
19 | that year, the sums of
money received from all sources, | ||||||
20 | giving the name of any donor, how all
monies have been | ||||||
21 | expended and for what purpose, and such other
statistics | ||||||
22 | and program information in regard to the work of the board | ||||||
23 | as
it may deem of general interest. A copy of the budget | ||||||
24 | and the annual
report shall be made available to the | ||||||
25 | Department of Human Services and to members
of the General | ||||||
26 | Assembly whose districts include any part of the
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1 | jurisdiction of such board. The names of all employees, | ||||||
2 | consultants, and
other personnel shall be set forth along | ||||||
3 | with the amounts of money received;
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4 | (i) Consult with other appropriate private and public | ||||||
5 | agencies
in
the development of local plans for the most | ||||||
6 | efficient delivery of mental
health, developmental | ||||||
7 | disabilities, and substance use disorder services. The | ||||||
8 | Board is authorized
to join and to participate in the | ||||||
9 | activities of associations organized for
the purpose of | ||||||
10 | promoting more efficient and effective services and | ||||||
11 | programs;
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12 | (j)
Have the authority to review and comment on all | ||||||
13 | applications for grants by any person,
corporation, or | ||||||
14 | governmental unit providing services within the
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15 | geographical area of the board which provides mental | ||||||
16 | health facilities
and services,
including services for the | ||||||
17 | person with a
mental illness, a
developmental disability, | ||||||
18 | or a substance use disorder. The board may require funding | ||||||
19 | applicants to send a copy of their funding application to | ||||||
20 | the board at the time
such application is submitted to the | ||||||
21 | Department of Human Services or to any other local, State | ||||||
22 | or federal funding source or
governmental agency. Within | ||||||
23 | 60 days of the receipt of any application, the
board shall | ||||||
24 | submit its review and comments to the Department of Human
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25 | Services or to any other appropriate local, State
or | ||||||
26 | federal funding source or governmental agency. A copy of |
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1 | the review and
comments shall be submitted to the funding
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2 | applicant. Within 60 days thereafter, the Department of
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3 | Human Services or any other appropriate
local or State | ||||||
4 | governmental agency shall issue a written response to
the | ||||||
5 | board and the funding applicant. The Department of Human | ||||||
6 | Services shall supply
any community mental health board | ||||||
7 | such information about
purchase-of-care funds, State | ||||||
8 | facility utilization, and costs in its
geographical area | ||||||
9 | as the board may request provided that the information
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10 | requested is for the purpose of the Community Mental | ||||||
11 | Health Board
complying with the requirements of Section | ||||||
12 | 3f, subsection (f) of this Act;
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13 | (k) Perform such other acts as may be necessary or | ||||||
14 | proper to carry
out the purposes of this Act.
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15 | (2) The community mental health board has the following | ||||||
16 | powers:
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17 | (a) The board may enter into multiple-year contracts | ||||||
18 | for rendition
or operation of services,
facilities and | ||||||
19 | educational programs.
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20 | (b) The board may arrange through intergovernmental | ||||||
21 | agreements or intragovernmental agreements or both for the | ||||||
22 | rendition of services and operation
of
facilities by other | ||||||
23 | agencies or departments of the governmental unit or county | ||||||
24 | in which
the governmental unit is located with the | ||||||
25 | approval of the governing
body.
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26 | (c) To employ, establish compensation for, and set |
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1 | policies for its personnel, including legal counsel, as
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2 | may be
necessary to carry out the purposes of this Act and | ||||||
3 | prescribe the duties thereof. The
board may enter into | ||||||
4 | multiple-year employment contracts as may be
necessary for | ||||||
5 | the recruitment and retention of personnel and the proper
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6 | functioning of the board.
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7 | (d) The board may enter into multiple-year joint | ||||||
8 | agreements,
which shall be written, with other
mental | ||||||
9 | health boards and boards of health to provide jointly
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10 | agreed upon community mental health facilities and | ||||||
11 | services and to pool
such funds as may be deemed necessary | ||||||
12 | and available for this purpose.
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13 | (e) The board may organize a not-for-profit | ||||||
14 | corporation for the purpose of
providing direct recipient | ||||||
15 | services. Such corporations shall have, in addition
to all | ||||||
16 | other lawful powers, the power to contract with persons to | ||||||
17 | furnish
services for recipients of the corporation's | ||||||
18 | facilities, including
psychiatrists and other physicians | ||||||
19 | licensed in this State to practice medicine
in all of its | ||||||
20 | branches. Such physicians shall be considered independent
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21 | contractors, and liability for any malpractice shall not | ||||||
22 | extend to such
corporation, nor to the community mental | ||||||
23 | health board, except for gross
negligence in entering into | ||||||
24 | such a contract.
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25 | (f) The board shall not operate any direct recipient | ||||||
26 | services for more
than
a 2-year period when such services |
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1 | are being provided in the governmental unit,
but shall | ||||||
2 | encourage, by financial support, the development of | ||||||
3 | private agencies
to deliver such needed services, pursuant | ||||||
4 | to regulations of the board.
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5 | (g) Where there are multiple boards within the same | ||||||
6 | planning area, as
established by the Department of Human | ||||||
7 | Services, services
may be purchased through a single | ||||||
8 | delivery system. In such areas, a
coordinating body with | ||||||
9 | representation from each board shall be established to
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10 | carry out the service functions of this Act. In the event | ||||||
11 | any such coordinating
body purchases or improves real | ||||||
12 | property, such body shall first obtain the
approval of the | ||||||
13 | governing bodies of the governmental units in which the
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14 | coordinating body is located.
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15 | (h) The board may enter into multiple-year joint | ||||||
16 | agreements with
other governmental units
located within | ||||||
17 | the geographical area of the board. Such agreements
shall | ||||||
18 | be written and shall provide for the rendition of services | ||||||
19 | by the
board to the residents of such governmental units.
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20 | (i) The board may enter into multiple-year joint | ||||||
21 | agreements with federal, State, and local governments, | ||||||
22 | including
the Department of Human Services,
whereby the | ||||||
23 | board will provide certain
services. All such joint | ||||||
24 | agreements must provide for the exchange of
relevant data. | ||||||
25 | However, nothing in this Act shall be construed to permit
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26 | the abridgement of the confidentiality of patient records.
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1 | (j) The board may receive gifts from private sources | ||||||
2 | for purposes not
inconsistent
with the provisions of this | ||||||
3 | Act.
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4 | (k) The board may receive Federal, State and local | ||||||
5 | funds for purposes
not inconsistent with the provisions of | ||||||
6 | this Act.
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7 | (l) The board may establish scholarship programs. Such | ||||||
8 | programs shall
require
equivalent
service or reimbursement | ||||||
9 | pursuant to regulations of the board.
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10 | (m) The board may sell, rent, or lease real property | ||||||
11 | for purposes
consistent with this
Act.
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12 | (n) The board may: (i) own real property, lease real | ||||||
13 | property as lessee,
or
acquire real property by purchase, | ||||||
14 | construction, lease-purchase agreement, or
otherwise; (ii) | ||||||
15 | take title to the property in the board's name; (iii) | ||||||
16 | borrow
money and issue debt instruments, mortgages, | ||||||
17 | purchase-money mortgages, and
other security instruments | ||||||
18 | with respect to the property; and (iv) maintain,
repair, | ||||||
19 | remodel, or improve the property. All of these activities | ||||||
20 | must be for
purposes consistent with this Act as may be | ||||||
21 | reasonably necessary for the
housing and proper | ||||||
22 | functioning of the board. The board may use moneys in the
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23 | Community Mental Health Fund for these purposes.
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24 | (o) The board may organize a not-for-profit | ||||||
25 | corporation (i) for the
purpose of raising money to be | ||||||
26 | distributed by the board for providing community
mental |
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1 | health services and facilities for the treatment of | ||||||
2 | alcoholism, drug
addiction, developmental disabilities, | ||||||
3 | and intellectual disabilities or (ii) for
other purposes | ||||||
4 | not inconsistent with this Act. | ||||||
5 | (p) The board may fix a fiscal year for the board. | ||||||
6 | (q) The board has the responsibility to set, maintain, | ||||||
7 | and implement the budget. | ||||||
8 | Every board shall be subject to the requirements under the | ||||||
9 | Freedom of Information Act and the Open Meetings Act.
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10 | (Source: P.A. 97-227, eff. 1-1-12.)
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11 | (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
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12 | Sec. 5. (a) When the governing body of a governmental unit | ||||||
13 | passes a
resolution as provided in Section 4 asking that an | ||||||
14 | annual tax may be
levied for the purpose of providing such | ||||||
15 | mental health facilities and
services, including facilities | ||||||
16 | and services for the person with a
developmental disability or | ||||||
17 | a substance use disorder, in the community and so
instructs | ||||||
18 | the clerk of the governmental unit such clerk shall certify | ||||||
19 | the
proposition to the proper election officials for | ||||||
20 | submission at a regular
election in accordance with the | ||||||
21 | general election law. The proposition shall be
in the | ||||||
22 | following form:
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23 | -------------------------------------------------------------
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24 | Shall............ (governmental
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25 | unit) levy an annual tax of (not YES
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1 | more than .15%) for the purpose of providing
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2 | community mental health facilities and ---------------
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3 | services including facilities and services
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4 | for persons the person with a developmental NO
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5 | disability or a substance use disorder?
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6 | -------------------------------------------------------------
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7 | (a-5) If the governmental unit is also subject to the | ||||||
8 | Property Tax Extension Limitation Law, then the proposition | ||||||
9 | shall also comply with the Property Tax Extension Limitation | ||||||
10 | Law. Notwithstanding any provision of this subsection, any | ||||||
11 | referendum imposing an annual tax on or after January 1, 1994 | ||||||
12 | and prior to May 13, 2022 ( the effective date of Public Act | ||||||
13 | 102-839) this amendatory Act of the 102nd General Assembly | ||||||
14 | that complies with subsection (a) is hereby validated. | ||||||
15 | (b) If a majority of all the votes cast upon the | ||||||
16 | proposition are for the
levy of such tax, the governing
body of | ||||||
17 | such governmental unit shall
thereafter annually levy a tax | ||||||
18 | not to exceed the rate set forth in
Section 4. Thereafter, the | ||||||
19 | governing body shall in the annual
appropriation bill | ||||||
20 | appropriate from such funds such sum or sums of money
as may be | ||||||
21 | deemed necessary by the community mental health board , based | ||||||
22 | upon the community mental health
board's budget, the board's | ||||||
23 | annual mental health report, and the local
mental health plan | ||||||
24 | to defray necessary expenses and liabilities in
providing for | ||||||
25 | such community mental health facilities and services.
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26 | (c) If the governing body of a governmental unit levies a |
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1 | tax under Section 4 of this Act and the rate specified in the | ||||||
2 | proposition under subsection (a) of this Section is less than | ||||||
3 | 0.15%, then the governing body of the governmental unit may, | ||||||
4 | upon referendum approval, increase that rate to not more than | ||||||
5 | 0.15%. The governing body shall instruct the clerk of the | ||||||
6 | governmental unit to certify the
proposition to the proper | ||||||
7 | election officials for submission at a regular
election in | ||||||
8 | accordance with the general election law. The proposition | ||||||
9 | shall be
in the following form: | ||||||
10 | "Shall the tax imposed by (governmental unit) for the | ||||||
11 | purpose of providing community mental health facilities | ||||||
12 | and services, including facilities and services for | ||||||
13 | persons with a developmental disability or substance use | ||||||
14 | disorder be increased to (not more than 0.15%)?" | ||||||
15 | If a majority of all the votes cast upon the proposition | ||||||
16 | are for the
increase of the tax, then the governing
body of the | ||||||
17 | governmental unit may
thereafter annually levy a tax not to | ||||||
18 | exceed the rate set forth in the referendum question. | ||||||
19 | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | ||||||
20 | revised 8-25-22.)
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