HB4403 EngrossedLRB098 17858 KTG 52982 b

1    AN ACT concerning healthcare.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community Expanded Mental Health Services
5Act is amended by changing Sections 15 and 25 as follows:
 
6    (405 ILCS 22/15)
7    Sec. 15. Creation of Expanded Mental Health Services
8Program and Governing Commission.
9    (a) Whenever in a municipality with more than 1,000,000
10inhabitants, the question of creating an Expanded Mental Health
11Services Program within a contiguous territory included
12entirely within the municipality is initiated by resolution or
13ordinance of the corporate authorities of the municipality or
14by a petition signed by not less than 8% of the total votes
15cast for candidates for Governor in the preceding gubernatorial
16election by registered voters of the territory, the registered
17voters of which are eligible to sign the petition, it shall be
18the duty of the election authority having jurisdiction over
19such municipality to submit the question of creating an
20Expanded Mental Health Services Program to the electors of the
21territory at the regular election specified in the resolution,
22ordinance, or petition initiating the question. A petition
23initiating a question described in this Section shall be filed

 

 

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1with the election authority having jurisdiction over the
2municipality. The petition shall be filed and objections
3thereto shall be made in the manner provided in the general
4election law. A resolution, ordinance, or petition initiating a
5question described in this Section shall specify the election
6at which the question is to be submitted. The referendum on
7such question shall be held in accordance with general election
8law. Such question, and the resolution, ordinance, or petition
9initiating the question, shall include a description of the
10territory, the name of the proposed Expanded Mental Health
11Services Program, and the maximum rate at which the Expanded
12Mental Health Services Program shall be able to levy a property
13tax. The question shall be in substantially the following form:
14    Shall there be established, to serve the territory commonly
15described on this ballot or notice of this question, a ........
16(fill in community name) Expanded Mental Health Services
17Program, to provide direct free mental health services for any
18resident of the territory who needs assistance in overcoming or
19coping with mental or emotional disorders, where such program
20will be funded through an increase of not more than ..... (fill
21in tax rate from .025% to .044% .004 to .007) of the equalized
22assessed valuation real estate property tax bill of all
23properties parcels within the boundaries of the territory (for
24example, $..... (fill in tax rate figure) for every $1,000 of
25taxes you currently pay)?
26    All of that area within the geographic boundaries of the

 

 

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1territory described in such question shall be included in the
2Program, and no area outside the geographic boundaries of the
3territory described in such question shall be included in the
4Program. If the election authority determines that the
5description cannot be included within the space limitations of
6the ballot, the election authority shall prepare large printed
7copies of a notice of the question, which shall be prominently
8displayed in the polling place of each precinct in which the
9question is to be submitted.
10    (b) Whenever a majority of the voters on such public
11question approve the creation of an Expanded Mental Health
12Services Program as certified by the proper election
13authorities, within 90 days of the passage of the referendum
14the Governor shall appoint 5 members and the Mayor of the
15municipality shall appoint 4 members, to be known as
16commissioners, to serve as the governing body of the Expanded
17Mental Health Services Program.
18    (c) Of the 5 commissioners appointed by the Governor, the
19Governor shall choose 4 commissioners from a list of nominees
20supplied by a community organization or community
21organizations as defined in this Act; these 4 commissioners
22shall reside in the territory of the Program. Of the
23commissioners appointed by the Governor, one shall be a mental
24health professional and one shall be a mental health consumer
25residing in the territory of the Program.
26    (d) Of the 4 commissioners appointed by the Mayor of the

 

 

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1municipality, the Mayor shall choose 3 commissioners from a
2list of nominees supplied by a community organization or
3community organizations as defined in this Act; these 3
4commissioners shall reside in the territory of the Program. Of
5the commissioners appointed by the Mayor, one shall be a mental
6health professional and one shall be a mental health consumer
7residing in the territory of the Program.
8    (e) A community organization may recommend up to 10
9individuals to the Governor and up to 10 individuals to the
10Mayor to serve on the Governing Commission.
11    (f) No fewer than 7 commissioners serving at one time shall
12reside within the territory of the Program.
13    (g) Upon creation of a Governing Commission, the terms of
14the initial commissioners shall be as follows: (i) of the
15Governor's initial appointments, 2 shall be for 3 years, one
16for 2 years, and 2 for one year; and (ii) of the Mayor's
17initial appointments, one shall be for 3 years, 2 for 2 years,
18and one for one year. All succeeding terms shall be for 3
19years, or until a successor is appointed and qualified.
20Commissioners shall serve without compensation except for
21reimbursement for reasonable expenses incurred in the
22performance of duties as a commissioner. A vacancy in the
23office of a member of a Governing Commission shall be filled in
24like manner as an original appointment.
25    (h) Any member of the Governing Commission may be removed
26by a majority vote of all other commissioners for absenteeism,

 

 

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1neglect of duty, misconduct or malfeasance in the office, after
2being given a written statement of the charges and an
3opportunity to be heard thereon.
4    (i) All proceedings and meetings of the Governing
5Commission shall be conducted in accordance with the provisions
6of the Open Meetings Act.
7(Source: P.A. 96-1548, eff. 1-1-12.)
 
8    (405 ILCS 22/25)
9    Sec. 25. Expanded mental health services fund.
10    (a) The Governing Commission shall maintain the expanded
11mental health services fund for the purposes of paying the
12costs of administering the Program and carrying out its duties
13under this Act, subject to the limitations and procedures set
14forth in this Act.
15    (b) The expanded mental health services fund shall be
16raised by means of an annual tax levied on each property within
17the territory of the Program. The rate of this tax may be
18changed from year to year by majority vote of the Governing
19Commission but in no case shall it exceed the ceiling rate
20established by the voters in the territory of the Program in
21the binding referendum to approve the creation of the Expanded
22Mental Health Services Program. The ceiling rate must be set
23within the range of .025% to .044% of the equalized assessed
24valuation of all properties .004 to .007 on each property in
25the territory of the Program. A higher ceiling rate for a

 

 

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1territory may be established within that range only by the
2voters in a binding referendum from time to time to be held in
3a manner as set forth in this legislation. The commissioners
4shall cause the amount to be raised by taxation in each year to
5be certified to the county clerk in the manner provided by law,
6and any tax so levied and certified shall be collected and
7enforced in the same manner and by the same officers as those
8taxes for the purposes of the county and city within which the
9territory of the Governing Commission is located. Any such tax,
10when collected, shall be paid over to the proper officer of the
11Governing Commission who is authorized to receive and receipt
12for such tax. The Governing Commission may issue tax
13anticipation warrants against the taxes to be assessed for a
14calendar year.
15    (c) The moneys deposited in the expanded mental health
16services fund shall, as nearly as practicable, be fully and
17continuously invested or reinvested by the Governing
18Commission in investment obligations which shall be in such
19amounts, and shall mature at such times, that the maturity or
20date of redemption at the option of the holder of such
21investment obligations shall coincide, as nearly as
22practicable, with the times at which monies will be required
23for the purposes of the Program. For the purposes of this
24Section, "investment obligation" means direct general
25municipal, state, or federal obligations which at the time are
26legal investments under the laws of this State and the payment

 

 

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1of principal of and interest on which are unconditionally
2guaranteed by the governing body issuing them.
3     (d) The fund shall be used solely and exclusively for the
4purpose of providing expanded mental health services and no
5more than 15% of the annual levy may be used for reasonable
6salaries, expenses, bills, and fees incurred in administering
7the Program.
8    (e) The fund shall be maintained, invested, and expended
9exclusively by the Governing Commission of the Program for
10whose purposes it was created. Under no circumstances shall the
11fund be used by any person or persons, governmental body, or
12public or private agency or concern other than the Governing
13Commission of the Program for whose purposes it was created.
14Under no circumstances shall the fund be commingled with other
15funds or investments.
16    (f) No commissioner or family member of a commissioner, or
17employee or family member of an employee, may receive any
18financial benefit, either directly or indirectly, from the
19fund. Nothing in this subsection shall be construed to prohibit
20payment of expenses to a commissioner in accordance with
21subsection (g) of Section 15.
22    (g) Annually, the Governing Commission shall prepare for
23informational purposes in the appropriations process: (1) an
24annual budget showing the estimated receipts and intended
25disbursements pursuant to this Act for the fiscal year
26immediately following the date the budget is submitted, which

 

 

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1date must be at least 30 days prior to the start of the fiscal
2year; and (2) an independent financial audit of the fund and
3the management of the Program detailing the income received and
4disbursements made pursuant to this Act during the fiscal year
5just preceding the date the annual report is submitted, which
6date must be within 90 days of the close of that fiscal year.
7These reports shall be made available to the public through any
8office of the Governing Commission or a public facility such as
9a local public library located within the territory of the
10Program. In addition, and in an effort to increase transparency
11of public programming, the Governing Commission shall
12effectively create and operate a publicly accessible website,
13which shall publish results of all audits for a period of no
14less than six months after the initial disclosure of the
15results and findings of each audit.
16    (h) Any expanded Mental Health Services Program existing on
17the effective date of this amendatory Act of the 98th General
18Assembly and created before December 31, 2012 by majority voter
19support on a binding referendum shall be authorized to levy for
20the 2013 levy year at the minimum tax rate of .025% of the
21equalized assessed valuation of all properties within its
22territory.
23(Source: P.A. 96-1548, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.