|
405 ILCS 20/0.1
(405 ILCS 20/0.1) (from Ch. 91 1/2, par. 300.1)
Sec. 0.1.
This Act shall be known and may be cited as the "Community Mental
Health Act".
(Source: Laws 1967, p. 3457.) 405 ILCS 20/1
(405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
Sec. 1.
As used in this Act:
(a) "governmental unit" means any county, city, village, incorporated
town, or township;
(b) "person with a developmental disability" means any person or persons so
diagnosed and as defined in the Mental Health and Developmental Disabilities
Code;
(c) "substance abuse" means the excessive use of alcohol, addiction to a
controlled substance, or the habitual use of cannabis.
(Source: P.A. 88‑380.) 405 ILCS 20/10
(405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
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 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.) 405 ILCS 20/11
(405 ILCS 20/11) (from Ch. 91 1/2, par. 311)
Sec. 11.
The proposition pursuant to Section 10 shall be in the following
form:
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
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 and the substance abuser)?
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
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.
(Source: P.A. 88‑380
.) 405 ILCS 20/12
(405 ILCS 20/12) (from Ch. 91 1/2, par. 312)
Sec. 12.
The bonds authorized by this Act shall be sold and the proceeds thereof
used solely for the specified purpose. At or before the time of delivery of
any bond, the governing body of the governmental unit shall file with the
clerk of the governmental unit its certificates, stating the amount of
bonds to be issued, or denominations, rate of interest, where payable, and
shall include a form of bond to be issued. The governing body of the
governmental unit shall levy a direct tax upon all of the taxable property
within the governmental unit sufficient to pay the principal and interest
on the bonds as and when the same respectively mature. Such tax shall be in
addition to all other taxes and shall not be within any rate limitation
otherwise prescribed by law.
The proceeds received from the sale of the bonds shall be placed in a
special fund in the governmental unit treasury to be designated as the
"Bond Community Mental Health Fund" and thereafter the governing body shall
in the annual appropriation bill appropriate from such funds such sum or
sums as may be necessary to carry out the provisions of this section.
Interest earned from moneys deposited in this Fund shall only be used for
purposes which are authorized by this Act.
(Source: P. A. 78‑574.) 405 ILCS 20/13
(405 ILCS 20/13) (from Ch. 91 1/2, par. 313)
Sec. 13.
Both the proposition for the levy of an annual tax pursuant to
Section 5 of this Act and the proposition for issuance of bonds pursuant
to Section 10 of this Act may be submitted to the electors at the same
election.
(Source: Laws 1967, p. 1171
.) 405 ILCS 20/2
(405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
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
defined by the local community mental health board, including services
for, persons with a developmental disability and for the substance abuser, for
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.
(Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.) 405 ILCS 20/3
(405 ILCS 20/3) (from Ch. 91 1/2, par. 303)
Sec. 3.
Any such county, city, village, incorporated town, township, public
health district, county health department, multiple‑county health
department, school district, community mental health board or any combination
thereof, may accept
donations of property and funds for the purposes specified in this Act.
(Source: P.A. 81‑898.) 405 ILCS 20/3a
(405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
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
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
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
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
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
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.
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.
The tax rate set forth in Section 4 may be levied by any
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.
(Source: P.A. 89‑507, eff. 7‑1‑97.) 405 ILCS 20/3b
(405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
Sec. 3b.
The term of office of each member of the community mental health
board shall be for 4 years, provided, however, that of the members first
appointed, 2 shall be appointed for a term of 2 years, 2 for a term of 3
years and 3 for a term of 4 years. All terms shall be measured from the
first day of the year of appointment. Vacancies shall be filled for the
unexpired term in the same manner as original appointments.
(Source: Laws 1965, p. 1037.) 405 ILCS 20/3c
(405 ILCS 20/3c) (from Ch. 91 1/2, par. 303c)
Sec. 3c.
Any member of the community mental health board may be removed by the
appointing officer for absenteeism, neglect of duty, misconduct or
malfeasance in office, after being given a written statement of the charges
and an opportunity to be heard thereon.
(Source: P. A. 77‑1500.) 405 ILCS 20/3d
(405 ILCS 20/3d) (from Ch. 91 1/2, par. 303d)
Sec. 3d.
The expenses incurred by any community mental health board in the
performance of duties imposed upon it or its members shall be a charge on
the board and shall be paid out of the "Community Mental Health Fund"
hereinafter established. No member shall receive payment, except expenses,
for service on the board.
(Source: P. A. 78‑574.) 405 ILCS 20/3e
(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
Sec. 3e.
Board's powers and duties.
(1) Every community mental health board shall, immediately
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:
(a) Hold a meeting prior to July 1 of each year at
which officers shall be elected for the ensuing year beginning July 1;
(b) Hold meetings at least quarterly;
(c) Hold special meetings upon a written request
signed by at least 2 members and filed with the secretary;
(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;
(e) Submit to the appointing officer, 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 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 developmental disability 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.
(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;
(g) The board shall cause the publication of its
annual budget and report within 60 days after the end of the fiscal year in a newspaper 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 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;
(h) Consult with other appropriate local private and
public agencies and the Department of Human Services in the development of local plans for the most efficient delivery of mental health, alcoholism and substance 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;
(i) Review and comment on all applications for
grants by any person, corporation, or governmental unit providing services within the 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, including services for the person with a developmental disability and the substance abuser. Grant applicants shall send a copy of their 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 comments shall be submitted both to the 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, 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 3e, subsection (e) of this Act;
(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.
(2) The community mental health board has the following powers:
(a) The board may enter into multiple‑year contracts
for rendition or operation of services, facilities and educational programs.
(b) The board may arrange for the rendition of
services and operation of facilities by other agencies of the governmental unit or county in which the governmental unit is located with the approval of the governing body.
(c) The board may employ such personnel, including
legal counsel, as may be necessary to carry out the purposes of this Act and prescribe the duties 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 functioning of the board.
(d) The board may enter into multiple‑year joint
agreements, which shall be written, with other contiguous 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.
(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 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.
(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.
(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 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 coordinating body is located.
(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.
(i) The board may enter into multiple‑year joint
agreements with 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. This provision shall not be construed to limit the 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.
(j) The board may receive gifts from private sources
for purposes not inconsistent with the provisions of this Act.
(k) The board may receive Federal, State and local
funds for purposes not inconsistent with the provisions of this Act.
(l) The board may establish scholarship programs.
Such programs shall require equivalent service or reimbursement pursuant to regulations of the board.
(m) The board may sell, rent, or lease real property
for purposes consistent with this Act.
(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 Community Mental Health Fund for these purposes.
(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.
(Source: P.A. 92‑552, eff. 6‑24‑02.) 405 ILCS 20/3f
(405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f)
Sec. 3f.
Annually, each community mental health board shall prepare and submit
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
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 60 days of the close of that fiscal
year. Such report shall also include those matters set forth in Section
8 of this Act.
(Source: P.A. 81‑898.) 405 ILCS 20/3g
(405 ILCS 20/3g) (from Ch. 91 1/2, par. 303g)
Sec. 3g.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty‑fourth General Assembly.
(Source: P.A. 84‑731.) 405 ILCS 20/4
(405 ILCS 20/4) (from Ch. 91 1/2, par. 304)
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 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.
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 20/5
(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 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 and the substance abuser?
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
If a majority of all the votes cast upon the proposition are for the
levy of such tax, the 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
(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 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
(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 and the substance NO
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 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 20/8.1
(405 ILCS 20/8.1) (from Ch. 91 1/2, par. 308.1)
Sec. 8.1.
The provisions of the Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5‑35 of the
Illinois Administrative Procedure Act relating to procedures for rule‑making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88‑45.) 405 ILCS 20/8.5
(405 ILCS 20/8.5)
Sec. 8.5.
Pilot programs.
From funds appropriated by the General Assembly
to
the Department of Human Services for
that purpose, the Secretary of Human Services shall establish 3 pilot
programs, one in a municipality of over 2,000,000
inhabitants, one in a county of fewer than 3,000,000 inhabitants that is
contiguous to a county of 3,000,000 or more inhabitants,
and one in a county of fewer than 3,000,000 inhabitants that is not contiguous
to a county of 3,000,000 or more inhabitants, to
provide persons who have been released from jails and pretrial detention
facilities with access to providers of mental health
services.
(Source: P.A. 92‑159, eff. 1‑1‑02.) 405 ILCS 20/8
(405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
Sec. 8.
The Secretary of Human Services may make grants‑in‑aid to such
county, city, village, incorporated town, township, public health district,
county health department, multiple‑county health department, school district or
any combination thereof in accordance with the provisions of Section 34 of the
Mental Health and Developmental Disabilities Administrative Act. However, no
such grants shall be made without first considering the review and comments
made by the board as set forth in Section 3e and responding
thereto. The Department shall make all rules necessary for carrying out the
provisions of this Section, including the setting of standards of eligibility
for state assistance.
(Source: P.A. 91‑357, eff. 7‑29‑99.) 405 ILCS 20/9
(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:
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
Shall.... (governmental unit)
discontinue the levying of an annual tax for YES
the purpose of providing community mental
health facilities and services including
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
facilities and services for the
person with a developmental disability and NO
the substance abuser?
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
‑
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.
(Source: P.A. 88‑380
.)
|
