Full Text of HB4403 98th General Assembly
HB4403ham001 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 2/19/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4403
| 2 | | AMENDMENT NO. ______. Amend House Bill 4403 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community Expanded Mental Health Services | 5 | | Act is amended by changing Sections 15 and 25 as follows: | 6 | | (405 ILCS 22/15)
| 7 | | Sec. 15. Creation of Expanded Mental Health Services | 8 | | Program and Governing Commission. | 9 | | (a) Whenever in a municipality with more than 1,000,000 | 10 | | inhabitants, the question of creating an Expanded Mental Health | 11 | | Services Program within a contiguous territory included | 12 | | entirely within the municipality is initiated by resolution or | 13 | | ordinance of the corporate authorities of the municipality or | 14 | | by a petition signed by not less than 8% of the total votes | 15 | | cast for candidates for Governor in the preceding gubernatorial | 16 | | election by registered voters of the territory, the registered |
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| 1 | | voters of which are eligible to sign the petition, it shall be | 2 | | the duty of the election authority having jurisdiction over | 3 | | such municipality to submit the question of creating an | 4 | | Expanded Mental Health Services Program to the electors of the | 5 | | territory at the regular election specified in the resolution, | 6 | | ordinance, or petition initiating the question. A petition | 7 | | initiating a question described in this Section shall be filed | 8 | | with the election authority having jurisdiction over the | 9 | | municipality. The petition shall be filed and objections | 10 | | thereto shall be made in the manner provided in the general | 11 | | election law. A resolution, ordinance, or petition initiating a | 12 | | question described in this Section shall specify the election | 13 | | at which the question is to be submitted. The referendum on | 14 | | such question shall be held in accordance with general election | 15 | | law. Such question, and the resolution, ordinance, or petition | 16 | | initiating the question, shall include a description of the | 17 | | territory, the name of the proposed Expanded Mental Health | 18 | | Services Program, and the maximum rate at which the Expanded | 19 | | Mental Health Services Program shall be able to levy a property | 20 | | tax. The question shall be in substantially the following form: | 21 | | Shall there be established, to serve the territory commonly | 22 | | described on this ballot or notice of this question, a ........ | 23 | | (fill in community name) Expanded Mental Health Services | 24 | | Program, to provide direct free mental health services for any | 25 | | resident of the territory who needs assistance in overcoming or | 26 | | coping with mental or emotional disorders, where such program |
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| 1 | | will be funded through an increase of not more than ..... (fill | 2 | | in tax rate from .025% to .044% .004 to .007 ) of the equalized | 3 | | assessed valuation real estate property tax bill of all | 4 | | properties parcels within the boundaries of the territory (for | 5 | | example, $..... (fill in tax rate figure) for every $1,000 of | 6 | | taxes you currently pay) ? | 7 | | All of that area within the geographic boundaries of the | 8 | | territory described in such question shall be included in the | 9 | | Program, and no area outside the geographic boundaries of the | 10 | | territory described in such question shall be included in the | 11 | | Program. If the election authority determines that the | 12 | | description cannot be included within the space limitations of | 13 | | the ballot, the election authority shall prepare large printed | 14 | | copies of a notice of the question, which shall be prominently | 15 | | displayed in the polling place of each precinct in which the | 16 | | question is to be submitted. | 17 | | (b) Whenever a majority of the voters on such public | 18 | | question approve the creation of an Expanded Mental Health | 19 | | Services Program as certified by the proper election | 20 | | authorities, within 90 days of the passage of the referendum | 21 | | the Governor shall appoint 5 members and the Mayor of the | 22 | | municipality shall appoint 4 members, to be known as | 23 | | commissioners, to serve as the governing body of the Expanded | 24 | | Mental Health Services Program. | 25 | | (c) Of the 5 commissioners appointed by the Governor, the | 26 | | Governor shall choose 4 commissioners from a list of nominees |
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| 1 | | supplied by a community organization or community | 2 | | organizations as defined in this Act; these 4 commissioners | 3 | | shall reside in the territory of the Program. Of the | 4 | | commissioners appointed by the Governor, one shall be a mental | 5 | | health professional and one shall be a mental health consumer | 6 | | residing in the territory of the Program. | 7 | | (d) Of the 4 commissioners appointed by the Mayor of the | 8 | | municipality, the Mayor shall choose 3 commissioners from a | 9 | | list of nominees supplied by a community organization or | 10 | | community organizations as defined in this Act; these 3 | 11 | | commissioners shall reside in the territory of the Program. Of | 12 | | the commissioners appointed by the Mayor, one shall be a mental | 13 | | health professional and one shall be a mental health consumer | 14 | | residing in the territory of the Program. | 15 | | (e) A community organization may recommend up to 10 | 16 | | individuals to the Governor and up to 10 individuals to the | 17 | | Mayor to serve on the Governing Commission. | 18 | | (f) No fewer than 7 commissioners serving at one time shall | 19 | | reside within the territory of the Program. | 20 | | (g) Upon creation of a Governing Commission, the terms of | 21 | | the initial commissioners shall be as follows: (i) of the | 22 | | Governor's initial appointments, 2 shall be for 3 years, one | 23 | | for 2 years, and 2 for one year; and (ii) of the Mayor's | 24 | | initial appointments, one shall be for 3 years, 2 for 2 years, | 25 | | and one for one year. All succeeding terms shall be for 3 | 26 | | years, or until a successor is appointed and qualified. |
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| 1 | | Commissioners shall serve without compensation except for | 2 | | reimbursement for reasonable expenses incurred in the | 3 | | performance of duties as a commissioner. A vacancy in the | 4 | | office of a member of a Governing Commission shall be filled in | 5 | | like manner as an original appointment. | 6 | | (h) Any member of the Governing Commission may be removed | 7 | | by a majority vote of all other commissioners for absenteeism, | 8 | | neglect of duty, misconduct or malfeasance in the office, after | 9 | | being given a written statement of the charges and an | 10 | | opportunity to be heard thereon. | 11 | | (i) All proceedings and meetings of the Governing | 12 | | Commission shall be conducted in accordance with the provisions | 13 | | of the Open Meetings Act.
| 14 | | (Source: P.A. 96-1548, eff. 1-1-12 .) | 15 | | (405 ILCS 22/25)
| 16 | | Sec. 25. Expanded mental health services fund. | 17 | | (a) The Governing Commission shall maintain the expanded | 18 | | mental health services fund for the purposes of paying the | 19 | | costs of administering the Program and carrying out its duties | 20 | | under this Act, subject to the limitations and procedures set | 21 | | forth in this Act. | 22 | | (b) The expanded mental health services fund shall be | 23 | | raised by means of an annual tax levied on each property within | 24 | | the territory of the Program. The rate of this tax may be | 25 | | changed from year to year by majority vote of the Governing |
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| 1 | | Commission but in no case shall it exceed the ceiling rate | 2 | | established by the voters in the territory of the Program in | 3 | | the binding referendum to approve the creation of the Expanded | 4 | | Mental Health Services Program. The ceiling rate must be set | 5 | | within the range of .025% to .044% of the equalized assessed | 6 | | valuation of all properties .004 to .007 on each property in | 7 | | the territory of the Program. A higher ceiling rate for a | 8 | | territory may be established within that range only by the | 9 | | voters in a binding referendum from time to time to be held in | 10 | | a manner as set forth in this legislation. The commissioners | 11 | | shall cause the amount to be raised by taxation in each year to | 12 | | be certified to the county clerk in the manner provided by law, | 13 | | and any tax so levied and certified shall be collected and | 14 | | enforced in the same manner and by the same officers as those | 15 | | taxes for the purposes of the county and city within which the | 16 | | territory of the Governing Commission is located. Any such tax, | 17 | | when collected, shall be paid over to the proper officer of the | 18 | | Governing Commission who is authorized to receive and receipt | 19 | | for such tax. The Governing Commission may issue tax | 20 | | anticipation warrants against the taxes to be assessed for a | 21 | | calendar year. | 22 | | (c) The moneys deposited in the expanded mental health | 23 | | services fund shall, as nearly as practicable, be fully and | 24 | | continuously invested or reinvested by the Governing | 25 | | Commission in investment obligations which shall be in such | 26 | | amounts, and shall mature at such times, that the maturity or |
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| 1 | | date of redemption at the option of the holder of such | 2 | | investment obligations shall coincide, as nearly as | 3 | | practicable, with the times at which monies will be required | 4 | | for the purposes of the Program. For the purposes of this | 5 | | Section, "investment obligation" means direct general | 6 | | municipal, state, or federal obligations which at the time are | 7 | | legal investments under the laws of this State and the payment | 8 | | of principal of and interest on which are unconditionally | 9 | | guaranteed by the governing body issuing them. | 10 | | (d) The fund shall be used solely and exclusively for the | 11 | | purpose of providing expanded mental health services and no | 12 | | more than 15% of the annual levy may be used for reasonable | 13 | | salaries, expenses, bills, and fees incurred in administering | 14 | | the Program. | 15 | | (e) The fund shall be maintained, invested, and expended | 16 | | exclusively by the Governing Commission of the Program for | 17 | | whose purposes it was created. Under no circumstances shall the | 18 | | fund be used by any person or persons, governmental body, or | 19 | | public or private agency or concern other than the Governing | 20 | | Commission of the Program for whose purposes it was created. | 21 | | Under no circumstances shall the fund be commingled with other | 22 | | funds or investments. | 23 | | (f) No commissioner or family member of a commissioner, or | 24 | | employee or family member of an employee, may receive any | 25 | | financial benefit, either directly or indirectly, from the | 26 | | fund. Nothing in this subsection shall be construed to prohibit |
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| 1 | | payment of expenses to a commissioner in accordance with | 2 | | subsection (g) of Section 15. | 3 | | (g) Annually, the Governing Commission shall prepare for | 4 | | informational purposes in the appropriations process: (1) an | 5 | | annual budget showing the estimated receipts and intended | 6 | | disbursements pursuant to this Act for the fiscal year | 7 | | immediately following the date the budget is submitted, which | 8 | | date must be at least 30 days prior to the start of the fiscal | 9 | | year; and (2) an independent financial audit of the fund and | 10 | | the management of the Program detailing the income received and | 11 | | disbursements made pursuant to this Act during the fiscal year | 12 | | just preceding the date the annual report is submitted, which | 13 | | date must be within 90 days of the close of that fiscal year. | 14 | | These reports shall be made available to the public through any | 15 | | office of the Governing Commission or a public facility such as | 16 | | a local public library located within the territory of the | 17 | | Program. In addition, and in an effort to increase transparency | 18 | | of public programming, the Governing Commission shall | 19 | | effectively create and operate a publicly accessible website, | 20 | | which shall publish results of all audits for a period of no | 21 | | less than six months after the initial disclosure of the | 22 | | results and findings of each audit.
| 23 | | (h) Any expanded Mental Health Services Program existing on | 24 | | the effective date of this amendatory Act of the 98th General | 25 | | Assembly and created before December 31, 2012 by majority voter | 26 | | support on a binding referendum shall be authorized to levy for |
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| 1 | | the 2013 levy year at the minimum tax rate of .025% of the | 2 | | equalized assessed valuation of all properties within its | 3 | | territory. | 4 | | (Source: P.A. 96-1548, eff. 1-1-12; 97-813, eff. 7-13-12.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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