HB4129 94TH GENERAL ASSEMBLY

LRB094 14607 MKM 49554 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4129

Introduced 10/19/05, by Rep. Tom Cross - Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

55 ILCS 75/1	from Ch. 23, par. 2681
55 ILCS 75/3	from Ch. 23, par. 2683
55 ILCS 75/9.1	from Ch. 23, par. 2689.1
55 ILCS 75/90 new
30 ILCS 805/8.29 new

Amends the County Shelter Care and Detention Home Act. Provides that the Cook County Temporary Juvenile Detention Center and any other shelter care homes and detention homes in Cook County are subject to the provisions of the Act and may continue to operate without further referendum. Makes corresponding changes. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The County Shelter Care and Detention Home Act is amended by changing Sections 1, 3, and 9.1, and by adding Section 90 as follows:

(55 ILCS 75/1) (from Ch. 23, par. 2681)

Sec. 1. Establishment and maintenance of homes.

(a) The board of county commissioners or the county board in any county in this State, may locate, purchase, erect, lease, or otherwise provide and establish, support and maintain a detention home for the care and custody of delinquent minors and a shelter care home for the temporary care of minors who are delinquent, dependent, neglected, addicted, abused or require authoritative intervention. They may levy and collect a tax to pay the cost of its establishment and maintenance in accordance with the terms and provisions of this Act. In counties with 300,000 or less inhabitants, the powers enumerated in this Act shall not be exercised unless this Act is adopted by the legal voters of the county as provided in this Act. In counties with over 300,000 but less than 1,000,000 inhabitants the county board by majority vote may establish county shelter care and detention homes without adoption of this Act by the legal voters and without referendum.

(b) In any county, if the board of county commissioners or the county board, as the case may be, determines that a shelter care or detention home presently in use is obsolete, it may continue to operate the shelter care or detention home on a temporary basis and, by majority vote of that board, may rebuild or replace the home at its present location or another.

(c) No county shall be required to discontinue the use of any shelter care or detention home in existence or in use on the effective date of this amendatory Act of 1975 because of the fact that the proposition to establish and maintain the shelter care or detention home has not been submitted to the voters as provided in this Act.

This amendatory Act of 1975 is not a limit on any county which is a home rule unit.

(d) Cook County is not required to discontinue the use of the Cook County Temporary Juvenile Detention Center or of any other shelter care home or detention home in existence or in use on the effective date of this amendatory Act of the 94th General Assembly because of the fact that the proposition to establish and maintain it was not submitted to the voters as provided in this Act.

(Source: P.A. 85-637.)

(55 ILCS 75/3) (from Ch. 23, par. 2683)

Sec. 3. Administrator; necessary personnel; supplies or repairs.

(a) The administrator and all other necessary personnel of the shelter care home and detention home, shall be appointed by the Chief Judge of the Circuit Court or any Judge of that Circuit designated by the Chief Judge, to serve at the pleasure of the appointing authority. Each shall receive a monthly salary fixed by the county board. Personnel shall also be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The expenses shall be reimbursed at least monthly upon proper certification by the court.

(b) Within 90 days after the effective date of this amendatory Act of the 94th General Assembly, the Chief Judge of the Cook County Circuit Court, or any Judge of that Circuit designated by the Chief Judge, shall appoint an administrator and all other necessary personnel of the Cook County Temporary Juvenile Detention Center and any other shelter care home or detention home in Cook County in accordance with subsection (a). The term of the administrator and any personnel in office upon the effective date of this amendatory Act of the 94th General Assembly terminates upon the appointment of his or her successor.

(c) The supplies or repairs necessary to maintain, operate and conduct the shelter care home and the detention home shall be furnished upon the requisition of its administrator to the chairman of a committee as may be designated by the county board, and the bills therefor shall be audited, passed upon and paid as other bills for supplies furnished for county institutions.

(Source: P.A. 85-637.)

(55 ILCS 75/9.1) (from Ch. 23, par. 2689.1)

Sec. 9.1. Designation of homes; validity of prior referenda and tax levies.

(a) Within 6 months after the effective date of this amendatory Act of 1979, all county detention homes or independent sections thereof established prior to such effective date shall be designated as either shelter care or detention homes or both, provided physical arrangements are created clearly separating the two, in accordance with their basic physical features, programs and functions, by the Department of Corrections in cooperation with the Chief Judge of the Circuit Court and the county board. Within one year after receiving notification of such designation by the Department of Corrections, all county shelter care homes and detention homes shall be in compliance with this Act.

(b) Compliance with this amendatory Act of 1979 shall not affect the validity of any prior referendum or the levy or collection of any tax authorized under this Act. All county shelter care homes and detention homes established and in operation on the effective date of this amendatory Act of 1979 may continue to operate, subject to the provisions of this amendatory Act of 1979, without further referendum.

(c) Compliance with this amendatory Act of 1987 shall not affect the validity of any prior referendum or the levy or collection of any tax authorized under this Act. All county shelter care homes and detention homes established and in operation on the effective date of this amendatory Act of 1987 may continue to operate, subject to the provisions of this amendatory Act of 1987, without further referendum.

(d) Upon the effective date of this amendatory Act of the 94th General Assembly, all county shelter care homes and detention homes in Cook County, including the Cook County Temporary Juvenile Detention Center, established and in operation on or before the effective date of this amendatory Act of the 94th General Assembly must be in compliance with this Act and may continue to operate without further referendum.

(Source: P.A. 85-637.)

(55 ILCS 75/90 new)

Sec. 90. Home rule. A county, including a home rule county, may not regulate the establishment, maintenance, and operation of detention homes for the care and custody of delinquent minors and shelter care homes for the temporary care of minors who are delinquent, dependent, neglected, addicted, abused, or require authoritative intervention in a manner that is inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.