Bill Text: IL HB5163 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the County Care for Persons with Developmental Disabilities Act. Changes the short title of the Act to the Community Care for Persons with Developmental Disabilities Act. Makes the Act applicable to counties, municipalities, and townships (rather than just counties). Adds definitions, including "developmental disability". Allows the board of directors to add to the definition of "developmental disability" in its jurisdiction by a majority vote. Provides that the changes do not affect any established county community developmental disability boards. Provides that the Act will be reassigned to 50 ILCS 835. Amends the Property Tax Code and the Counties Code making conforming changes.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5163 Detail]

Download: Illinois-2017-HB5163-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17the voters in a referendum under Section 18-210.
18 If the county clerk is required to reduce the aggregate
19extension of a taxing district by provisions of this Law, the
20county clerk shall proportionally reduce the extension for each
21fund unless otherwise requested by the taxing district.
22 Upon written request of the corporate authority of a
23village, the county clerk shall calculate separate limiting

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

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

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1aggregate extension of the portion of the levy not applicable
2to the community mental health board, the county clerk shall
3proportionally reduce the extension for each fund not
4applicable to the community mental health board unless
5otherwise directed by the county or township.
6 If the governmental unit county is not subject to Section
71.1 or 1.2 of the Community County Care for Persons with
8Developmental Disabilities Act, then: (i) , beginning with the
92001 levy year for a county or township board before the
10effective date of this amendatory Act of the 100th General
11Assembly, upon written direction of a county or township board
12for care and treatment of persons with a developmental
13disability, the county clerk shall calculate separate limiting
14rates for the funds for persons with a developmental disability
15and for the aggregate of the other county or township funds in
16order to reduce the funds as may be required under provisions
17of this Law; and (ii) beginning with the levy year next
18following the effective date of this amendatory Act of the
19100th General Assembly, upon written direction of the board of
20a governmental unit not covered under item (i) for care and
21treatment of persons with a developmental disability, the
22county clerk shall calculate separate limiting rates for the
23funds for persons with a developmental disability and for the
24aggregate of the other governmental unit funds in order to
25reduce the funds as may be required under provisions of this
26Law. If the governmental unit county is subject to Section 1.1

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1or 1.2 of the Community County Care for Persons with
2Developmental Disabilities Act, then, beginning with the levy
3year in which the voters approve the tax under Section 1.1 or
41.2 of that Act, the county clerk shall calculate separate
5limiting rates for the funds for persons with a developmental
6disability and for the aggregate of the other governmental unit
7county or township funds in order to reduce the funds as may be
8required under provisions of this Law. In calculating the
9limiting rate for the funds for persons with a developmental
10disability, the county clerk shall use only the part of the
11aggregate extension base applicable to the funds for persons
12with a developmental disability; and for any rate increase or
13decrease factor under Section 18-230, the county clerk shall
14use only any new rate or rate increase applicable to the funds
15for persons with a developmental disability and the part of the
16rate applicable to the board for care and treatment of persons
17with a developmental disability in determining factors under
18that Section. The county clerk shall calculate the limiting
19rate for all other governmental unit county or township funds
20using only the part of the aggregate extension base not
21applicable to funds for persons with a developmental
22disability; and for any rate increase or decrease factor under
23Section 18-230, the county clerk shall use only any new rate or
24rate increase not applicable to the funds for persons with a
25developmental disability and the part of the rate not
26applicable to the board for care and treatment of persons with

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1a developmental disability in determining factors under that
2Section. If the county clerk is required to reduce the
3aggregate extension of the board for care and treatment of
4persons with a developmental disability portion of the levy,
5the county clerk shall proportionally reduce the extension for
6each fund for persons with a developmental disability unless
7otherwise directed by the board for care and treatment of
8persons with a developmental disability. If the county clerk is
9required to reduce the aggregate extension of the portion of
10the levy not applicable to the board for care and treatment of
11persons with a developmental disability, the county clerk shall
12proportionally reduce the extension for each fund not
13applicable to the board for care and treatment of persons with
14a developmental disability unless otherwise directed by the
15governmental unit county or township.
16 As used in this Section, "governmental unit" has the
17meaning given to that term in Section 0.05 of the Community
18Care for Persons with Developmental Disabilities Act.
19(Source: P.A. 96-1350, eff. 7-28-10.)
20 Section 10. The Counties Code is amended by changing
21Sections 5-1024 and 5-44020 as follows:
22 (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
23 Sec. 5-1024. Taxes. A county board may cause to be levied
24and collected annually, except as hereinafter provided, taxes

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1for county purposes, including all purposes for which money may
2be raised by the county by taxation, in counties having 80,000
3or more but less than 3,000,000 inhabitants at a rate not
4exceeding .25%, of the value as equalized or assessed by the
5Department of Revenue; in counties with less than 80,000 but
6more than 15,000 inhabitants at a rate not exceeding .27%, of
7the value as equalized or assessed by the Department of
8Revenue; in counties with less than 80,000 inhabitants which
9have authorized a tax by referendum under Section 7-2 of the
10Juvenile Court Act prior to the effective date of this
11amendatory Act of 1985, at a rate not exceeding .32%, of the
12value as equalized or assessed by the Department of Revenue;
13and in counties with 15,000 or fewer inhabitants at a rate not
14exceeding .37%, of the value as equalized or assessed by the
15Department of Revenue; and in counties having 3,000,000 or more
16inhabitants for each even numbered year, subject to the
17abatement requirements hereinafter provided, at a rate not
18exceeding .39% of the value, as equalized or assessed by the
19Department of Revenue, and for each odd numbered year, subject
20to the abatement requirements hereinafter provided, at a rate
21not exceeding .35% of the value as equalized or assessed by the
22Department of Revenue, except taxes for the payment of interest
23on and principal of bonded indebtedness heretofore duly
24authorized for the construction of State aid roads in the
25county as defined in "An Act to revise the law in relation to
26roads and bridges", approved June 27, 1913, or for the

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1construction of county highways as defined in the Illinois
2Highway Code, and except taxes for the payment of interest on
3and principal of bonded indebtedness duly authorized without a
4vote of the people of the county, and except taxes authorized
5as additional by a vote of the people of the county, and except
6taxes for working cash fund purposes, and except taxes as
7authorized by Sections 5-601, 5-602, 5-603, 5-604 and 6-512 of
8the Illinois Highway Code, and except taxes authorized under
9Section 7 of the Village Library Act, and except taxes levied
10to pay the annual rent payments due under a lease entered into
11by the county with a Public Building Commission as authorized
12by Section 18 of the Public Building Commission Act, and except
13taxes levied under Division 6-3, and except taxes levied for
14general assistance for needy persons in counties under
15commission form of government and except taxes levied under the
16Community County Care for Persons with Developmental
17Disabilities Act, and except taxes levied under the Community
18Mental Health Act, and except taxes levied under Section 5-1025
19to pay the expenses of elections and except taxes levied under
20"An Act to provide the manner of levying or imposing taxes for
21the provision of special services to areas within the
22boundaries of home rule units and non-home rule municipalities
23and counties", approved September 21, 1973, and except taxes
24levied under Section 3a of the Revenue Act of 1939 for the
25purposes of helping to pay for the expenses of the assessor's
26office, and except taxes levied under Division 5-21, and except

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1taxes levied pursuant to Section 19 of "The Illinois Emergency
2Services and Disaster Agency Act of 1975", as now or hereafter
3amended, and except taxes levied pursuant to Division 5-23, and
4except taxes levied under Section 5 of the County Shelter Care
5and Detention Home Act, and except taxes levied under the
6Children's Advocacy Center Act, and except taxes levied under
7Section 9-107 of the Local Governmental and Governmental
8Employees Tort Immunity Act.
9 Those taxes a county has levied and excepted from the rate
10limitation imposed by this Section or Section 25.05 of "An Act
11to revise the law in relation to counties", approved March 31,
121874, in reliance on this amendatory Act of 1994 are not
13invalid because of any provision of this Section that may be
14construed to or may have been construed to restrict or limit
15those taxes levied and those taxes are hereby validated. This
16validation of taxes levied applies to all cases pending on or
17after the effective date of this amendatory Act of 1994.
18 Nothing contained in this amendatory Act of 1994 shall be
19construed to affect the application of the Property Tax
20Extension Limitation Law.
21 Any tax levied for general assistance for needy persons in
22any county in addition to and in excess of the maximum levy
23permitted by this Section for general county purposes shall be
24paid into a special fund in the county treasury and used only
25for the purposes for which it is levied except that any excess
26in such fund over the amount needed for general assistance may

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1be used for County Nursing Home purposes and shall not exceed
2.10% of the value, as equalized or assessed by the Department
3of Revenue. Any taxes levied for general assistance pursuant to
4this Section may also be used for the payment of warrants
5issued against and in anticipation of such taxes and accrued
6interest thereon and may also be used for the payment of costs
7of administering such general assistance.
8 In counties having 3,000,000 or more inhabitants, taxes
9levied for any year for any purpose or purposes, except amounts
10levied for the payment of bonded indebtedness or interest
11thereon and for pension fund purpose, and except taxes levied
12to pay the annual rent payments due under a lease entered into
13by the county with a Public Building Commission as authorized
14by Section 18 of the Public Building Commission Act, are
15subject to the limitation that they shall not exceed the
16estimated amount of taxes to be levied for the year for the
17purpose or purposes as determined in accordance with Section
186-24001 and set forth in the annual appropriation bill of the
19county and in ascertaining the rate per cent that will produce
20the amount of any tax levied in any county, the county clerk
21shall not add to the tax or rate any sum or amount to cover the
22loss and cost of collecting the tax, except in the case of
23amounts levied for the payment of bonded indebtedness or
24interest thereon, and in the case of amounts levied for pension
25fund purposes, and except taxes levied to pay the annual rent
26payments due under a lease entered into by the county with a

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1Public Building Commission as authorized by Section 18 of the
2Public Building Commission Act.
3 In counties having a population of 3,000,000 or more
4inhabitants, the county clerk shall in each even numbered year,
5before extending the county tax for the year, reduce the levy
6for county purposes for the year (exclusive of levies for
7payment of indebtedness and payment of interest on and
8principal of bonded indebtedness as aforesaid, and exclusive of
9county highway taxes as aforesaid, and exclusive of pension
10fund taxes, and except taxes levied to pay the annual rent
11payments due under a lease entered into by the county with a
12Public Building Commission as authorized by Section 18 of the
13Public Building Commission Act) in the manner described and in
14an amount to be determined as follows: If the amount received
15from the collection of the tax levied in the last preceding
16even numbered year for county purposes as aforesaid, as shown
17by the county treasurer's final settlement for the last
18preceding even numbered year and also by subsequent receipts of
19delinquent taxes for the county purposes fund levied for the
20last preceding even numbered year, equals or exceeds the amount
21produced by multiplying the rate extended for the county
22purposes for the last preceding even numbered year by the total
23assessed valuation of all property in the county used in the
24year for purposes of state and county taxes, and by deducting
25therefrom the amount appropriated to cover the loss and cost of
26collecting taxes to be levied for the county purposes fund for

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1the last preceding even numbered year, the clerk in determining
2the rate per cent to be extended for the county purposes fund
3shall deduct from the amount of the levy certified to him for
4county purposes as aforesaid for even numbered years the amount
5received by the county clerk or withheld by the county
6treasurer from other municipal corporations within the county
7as their pro rata share of election expenses for the last
8preceding even numbered year, as authorized in Sections 13-11,
913-12, 13-13 and 16-2 of the Election Code, and the clerk in
10these counties shall extend only the net amount remaining after
11such deductions.
12 The foregoing limitations upon tax rates, insofar as they
13are applicable to counties having less than 3,000,000
14inhabitants, may be increased or decreased under the referendum
15provisions of the General Revenue Law of Illinois and there
16shall be no limit on the rate of tax for county purposes that
17may be levied by a county so long as any increase in the rate is
18authorized by referendum in that county.
19 Any county having a population of less than 3,000,000
20inhabitants that has determined to change its fiscal year may,
21as a means of effectuating a change, instead of levying taxes
22for a one-year period, levy taxes for a period greater or less
23than a year as may be necessary.
24 In counties having less than 3,000,000 inhabitants, in
25ascertaining the rate per cent that will produce the amount of
26any tax levied in that county, the County Clerk shall not add

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1to the tax or rate any sum or amount to cover the loss and cost
2of collecting the tax except in the case of amounts levied for
3the payment of bonded indebtedness or interest thereon and in
4the case of amounts levied for pension fund purposes and except
5taxes levied to pay the annual rent payments due under a lease
6entered into by the county with a Public Building Commission as
7authorized by Section 18 of the Public Building Commission Act.
8 A county shall not have its maximum tax rate reduced as a
9result of a population increase indicated by the 1980 federal
10census.
11(Source: P.A. 91-51, eff. 6-30-99.)
12 (55 ILCS 5/5-44020)
13 Sec. 5-44020. Definitions. In this Division 5-44:
14 "Fire protection jurisdiction" means a fire protection
15district, municipal fire department, or service organized
16under Section 5-1056.1 of the Counties Code, Sections 195 and
17200 of the Township Code, Section 10-2.1 of the Illinois
18Municipal Code, or the Illinois Fire Protection District Act.
19 "Governing board" means the individual or individuals who
20constitute the corporate authorities of a unit of local
21government.
22 "Unit of local government" or "unit" means any unit of
23local government located entirely within one county, to which
24the county board chairman or county executive directly appoints
25a majority of its governing board with the advice and consent

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1of the county board, but shall not include a fire protection
2district that directly employs any regular full-time
3employees, a conservation district organized under the
4Conservation District Act, a special district organized under
5the Water Commission Act of 1985, a community mental health
6board established under the Community Mental Health Board Act,
7or a board established under the Community County Care for
8Persons with Developmental Disabilities Act.
9(Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18.)
10 Section 15. The County Care for Persons with Developmental
11Disabilities Act is amended by changing Sections 0.01, 1, 1.1,
121.2, 3, 4, 5, 7, and 11 and by adding Sections 0.05 and 14 as
13follows:
14 (55 ILCS 105/0.01) (from Ch. 91 1/2, par. 200)
15 Sec. 0.01. Short title. This Act may be cited as the
16Community County Care for Persons with Developmental
17Disabilities Act.
18(Source: P.A. 89-585, eff. 1-1-97.)
19 (55 ILCS 105/0.05 new)
20 Sec. 0.05. Definitions. As used in this Act:
21 "Governmental unit" means a county, municipality, or
22township.
23 "Person with a developmental disability" means any person

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1or persons so diagnosed and as defined in the Mental Health and
2Developmental Disabilities Code. A board of directors
3operating under this Act may in their jurisdiction, by a
4majority vote, add to the definition of "person with a
5developmental disability".
6 (55 ILCS 105/1) (from Ch. 91 1/2, par. 201)
7 Sec. 1. Facilities or services; tax levy. Any governmental
8unit county may provide facilities or services for the benefit
9of its residents who are persons with intellectual or
10developmental disabilities and who are not eligible to
11participate in any such program conducted under Article 14 of
12the School Code, or may contract therefor with any privately or
13publicly operated entity which provides facilities or services
14either in or out of such governmental unit county.
15 For such purpose, the governmental unit county board may
16levy an annual tax of not to exceed .1% upon all of the taxable
17property in the governmental unit county at the value thereof,
18as equalized or assessed by the Department of Revenue. Taxes
19first levied under this Section on or after the effective date
20of this amendatory Act of the 96th General Assembly are subject
21to referendum approval under Section 1.1 or 1.2 of this Act.
22Such tax shall be levied and collected in the same manner as
23other governmental unit county taxes, but shall not be included
24in any limitation otherwise prescribed as to the rate or amount
25of governmental unit county taxes but shall be in addition

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1thereto and in excess thereof. When collected, such tax shall
2be paid into a special fund in the governmental unit's county
3treasury, to be designated as the "Fund for Persons With a
4Developmental Disability", and shall be used only for the
5purpose specified in this Section. The levying of this annual
6tax shall not preclude the governmental unit county from the
7use of other federal, State, or local funds for the purpose of
8providing facilities or services for the care and treatment of
9its residents who are intellectually disabled mentally
10retarded or under a developmental disability.
11(Source: P.A. 99-143, eff. 7-27-15.)
12 (55 ILCS 105/1.1)
13 Sec. 1.1. Petition for submission to referendum by
14governmental unit county.
15 (a) If, on and after the effective date of this amendatory
16Act of the 96th General Assembly, the governmental unit's
17county board passes an ordinance or resolution as provided in
18Section 1 of this Act asking that an annual tax may be levied
19for the purpose of providing facilities or services set forth
20in that Section and so instructs the county clerk, the clerk
21shall certify the proposition to the proper election officials
22for submission at the governmental unit's next general county
23election. The proposition shall be in substantially the
24following form:
25 Shall (governmental unit) ..... County levy an annual

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

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

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1 (55 ILCS 105/3) (from Ch. 91 1/2, par. 203)
2 Sec. 3. Community County board for care and treatment of
3persons with a developmental disability.
4 (a) When any governmental unit county has authority to levy
5a tax for the purpose of this Act, the presiding officer of the
6governmental unit's county board with the advice and consent of
7the governmental unit's county board, shall appoint a board of
83 directors who shall administer this Act. The board shall be
9designated the "(name of governmental unit county) County Board
10for Care and Treatment of Persons with a Developmental
11Disability". The original appointees shall be appointed for
12terms expiring, respectively, on June 30 in the first, second
13and third years following their appointment as designated by
14the appointing authority. All succeeding terms shall be for 3
15years and appointments shall be made in like manner. Vacancies
16shall be filled in like manner for the balance of the unexpired
17term. Each director shall serve until his successor is
18appointed. Directors shall serve without compensation but
19shall be reimbursed for expenses reasonably incurred in the
20performance of their duties.
21 (b) The governmental unit's county board of any
22governmental unit county that has established a 3-member board
23under this Section may, by ordinance or resolution, provide
24that the governmental unit's county board for care and
25treatment of persons with a developmental disability in that

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1governmental unit county shall consist of 5 members. Within 60
2days after the ordinance or resolution is adopted, the
3presiding officer of the governmental unit county, with the
4advice and consent of the governmental unit's county board,
5shall appoint the 2 additional members. One member shall serve
6for a term expiring on June 30 of the second year following his
7or her appointment, and one shall serve for a term expiring on
8June 30 of the third year following his or her appointment.
9Their successors shall serve for 3-year terms.
10(Source: P.A. 96-295, eff. 8-11-09.)
11 (55 ILCS 105/4) (from Ch. 91 1/2, par. 204)
12 Sec. 4. The directors shall meet in July, annually, and
13elect one of their number as president and one as secretary,
14and shall elect such other officers as they deem necessary.
15They shall adopt such rules for the administration of this Act
16as may be proper and expedient. They shall report to the court,
17from time to time, a detailed statement of their
18administration.
19 The board shall have exclusive control of all money paid
20into the Fund for Persons with a Developmental Disability and
21shall draw upon the governmental unit's county treasurer for
22all or any part of that fund required by the board in the
23performance of its duties and exercise of its powers under this
24Act.
25 The board may establish, maintain, and equip facilities

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1within the governmental unit county, for the care and treatment
2of persons with a developmental disability together with such
3auxiliary facilities connected therewith as the board finds
4necessary. For those purposes, the board may acquire, to be
5held in its name, real and personal property within the
6governmental unit county by gift, grant, legacy, purchase, or
7lease and may occupy, purchase, lease, or erect an appropriate
8building or buildings for the use of such facilities and all
9related facilities and activities.
10 The board may provide for the care and treatment of persons
11with a developmental disability who are not residents of the
12governmental unit county and may establish and collect
13reasonable charges for such services.
14(Source: P.A. 88-380; 88-388; 89-585, eff. 1-1-97.)
15 (55 ILCS 105/5) (from Ch. 91 1/2, par. 205)
16 Sec. 5. The board of directors may accept any donation of
17property for the purpose specified in Section 1, and shall pay
18over to the governmental unit's county treasurer any money so
19received, within 30 days of the receipt thereof.
20(Source: Laws 1961, p. 3804.)
21 (55 ILCS 105/7) (from Ch. 91 1/2, par. 207)
22 Sec. 7. The rate at which the sums to be so charged as
23provided in Section 6 of this Act shall be calculated by the
24board of directors is the average per capita operating cost for

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1all persons receiving the benefit of such facilities or
2services computed for each fiscal year; provided, that the
3board may, in its discretion, set the rate at a lesser amount
4than such average per capita cost. Less amounts may be accepted
5by the board when conditions warrant such action or when money
6is offered by persons not liable under Section 6. Any money
7received pursuant to this Section shall be paid into the
8governmental unit's county Fund for Persons with a
9Developmental Disability.
10(Source: P.A. 88-380; 88-388.)
11 (55 ILCS 105/11) (from Ch. 91 1/2, par. 211)
12 Sec. 11. Upon request of the board of directors, the
13State's Attorney of the county in which a person who is liable
14for payment of maintenance charges resides shall file suit in
15the circuit court to collect the amount due. The court may
16order the payment of sums due for maintenance for such period
17or periods as the circumstances require. Such order may be
18entered against any or all such defendants and may be based
19upon the proportionate ability of each defendant to contribute
20to the payment of sums due. Orders for the payment of money may
21be enforced by attachment as for contempt against the persons
22of the defendants, and in addition as other judgments at law,
23and costs may be adjudged against the defendants and
24apportioned among them, but if the complaint is dismissed the
25costs shall be borne by the governmental unit county.

HB5163 Engrossed- 23 -LRB100 18660 AWJ 33887 b
1 The provisions of the Civil Practice Law, and all
2amendments thereto, shall apply to and govern all actions
3instituted under the provisions of this Act.
4(Source: P.A. 82-783.)
5 (55 ILCS 105/14 new)
6 Sec. 14. Amendatory changes. The changes made by this
7amendatory Act of the 100th General Assembly do not: (i)
8dissolve or discontinue a county community developmental
9disabilities board established on or before the effective date
10of this amendatory Act of the 100th General Assembly; (ii)
11affect any tax levied or fund operated by a county community
12developmental disabilities board; or (iii) affect in any other
13way a county community developmental disabilities board
14operated as it previously had been operating under this Act.
15 Section 98. Illinois Compiled Statutes reassignment. The
16Legislative Reference Bureau shall reassign the Community Care
17for Persons with Developmental Disabilities Act (formerly the
18County Care for Persons with Developmental Disabilities Act) to
19the location 50 ILCS 835/ in the Illinois Compiled Statutes and
20file appropriate documents with the Index Division of the
21Office of the Secretary of State in accordance with subsection
22(c) of Section 5.04 of the Legislative Reference Bureau Act.
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