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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 11 Div. 29.1
(65 ILCS 5/Art. 11 Div. 29.1 heading)
DIVISION 29.1.
CARE OF MENTALLY DEFICIENT PERSONS
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65 ILCS 5/11-29.1-1
(65 ILCS 5/11-29.1-1) (from Ch. 24, par. 11-29.1-1)
Sec. 11-29.1-1.
As used in this Division, "municipality" means any
city, village or incorporated town; and "municipal" refers to any such
municipality. Any municipality may provide facilities or services for
the benefit of its mentally deficient residents who are not eligible to
participate in any such program conducted under Article 14 of The School
Code, or may contract therefor with any privately or publicly operated
entity which provides facilities or services either in or without such
municipality.
For such purpose, the corporate authorities may levy an annual tax of
not to exceed .1% upon all of the taxable property in the municipality
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 municipal taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of municipal
taxes but shall be in addition thereto and in excess thereof. When
collected, such tax shall be paid into a special fund in the municipal
treasury, to be designated as the "Mentally Deficient Persons' Fund,"
and shall be used only for the purpose specified in this Section.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-29.1-2
(65 ILCS 5/11-29.1-2) (from Ch. 24, par. 11-29.1-2)
Sec. 11-29.1-2.
Whenever any municipality first levies the tax
authorized in Section 11-29.1-1, it shall cause the ordinance levying the
tax to be published in one or more newspapers published in the municipality
within 10 days after the levy is made. If no newspaper is published in the
municipality, the ordinance shall be published in a newspaper having
general circulation within the municipality. The publication of the
ordinance shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the municipality; (2) the time
within which the petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a petition form
to any individual requesting one. Any taxpayer in such municipality may,
within 30 days after such publication, file with the municipal clerk a
petition signed by a number of the voters of the
municipality equal to 10% or more of the registered voters of the municipality
requesting the submission to a referendum of the
following proposition:
"Shall (insert name) be authorized to levy a tax for (state purpose)
in excess of the rate for other municipal purposes but not in excess of
.1%?"
The municipal clerk shall certify the proposition for submission by the
proper election authority at an election in accordance with the general
election law.
If a majority of the voters voting on the proposition vote in favor
thereof or if no petition is filed pursuant to this Section 11-29.1-2,
such tax levy shall be authorized. If a majority of the vote is against
such proposition, such tax levy shall not be authorized.
(Source: P.A. 86-1253; 87-767.)
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65 ILCS 5/11-29.1-3
(65 ILCS 5/11-29.1-3) (from Ch. 24, par. 11-29.1-3)
Sec. 11-29.1-3.
When any municipality has authority to levy a tax for the
purpose of this Division 29.1, the mayor or president of such municipality
shall appoint a board of 3 directors who shall administer this Division
29.1. The original appointees shall be appointed for terms expiring,
respectively, on June 30 in the first, second and third years following
their appointment as designated by the mayor or president. All succeeding
terms shall be for 3 years and appointments shall be made in like manner.
Vacancies shall be filled in like manner for the balance of the unexpired
term. Each director shall serve until his successor is appointed. Directors
shall serve without compensation but shall be reimbursed for expenses
reasonably incurred in the performance of their duties.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-4
(65 ILCS 5/11-29.1-4) (from Ch. 24, par. 11-29.1-4)
Sec. 11-29.1-4.
The directors shall meet in July, annually, and elect one
of their number as president and one as secretary, and shall elect such
other officers as they deem necessary. They shall adopt such rules for the
administration of this Division 29.1 as may be proper and expedient. They
shall report to the mayor or president, from time to time, a detailed
statement of their administration.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-5
(65 ILCS 5/11-29.1-5) (from Ch. 24, par. 11-29.1-5)
Sec. 11-29.1-5.
The board of directors may accept any donation of property
for the purpose specified in Section 11-29.1-1, and shall pay over to the
municipal treasurer any money so received, within 30 days of the receipt
thereof.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-6
(65 ILCS 5/11-29.1-6) (from Ch. 24, par. 11-29.1-6)
Sec. 11-29.1-6.
The board of directors may impose a maintenance charge upon
the estate of any mentally deficient person receiving the benefits of the
facilities or services prescribed in Section 11-29.1-1. If the estate of
such person is insufficient, the parent or parents of such person are
liable for the payment of the amount due.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-7
(65 ILCS 5/11-29.1-7) (from Ch. 24, par. 11-29.1-7)
Sec. 11-29.1-7.
The rate at which the sums to be so charged as provided in
Section 11-29.1-6 shall be calculated by the board of directors is the
average per capita operating cost for all persons receiving the benefit of
such facilities or services, computed for each fiscal year; provided, that
the board may, in its discretion, set the rate at a lesser amount than such
average per capita cost. Less amounts may be accepted by the board when
conditions warrant such action or when money is offered by persons not
liable under Section 11-29.1-6. Any money received pursuant to this Section
11-29.1-7 shall be paid into the municipal Mentally Deficient Persons'
Fund.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-8
(65 ILCS 5/11-29.1-8) (from Ch. 24, par. 11-29.1-8)
Sec. 11-29.1-8.
The board of directors is authorized to investigate the
financial condition of each person liable under Section 11-29.1-6 and is
further authorized to make determinations of the ability of each such
person to pay the sums representing maintenance charges, and for such
purposes to set a standard as a basis of judgment of ability to pay, which
standard shall be recomputed periodically to reflect changes in the cost of
living and other pertinent factors, and to make provisions for unusual and
exceptional circumstances in the application of such standard. The board
may issue to any person liable therefor statements of amounts due as
maintenance charges, requiring payment in such manner as may be arranged,
in an amount not exceeding the average per capita operating cost as
determined under Section 11-29.1-7.
(Source: Laws 1963, p. 828.)
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