Sen. Kirk W. Dillard
Filed: 5/2/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1683




2    AMENDMENT NO. ______. Amend House Bill 1683 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The State Finance Act is amended  by adding 
5Section 5i as follows:
 
6    (30 ILCS 105/5i new)
7    Sec. 5i. Closure of State mental health facilities or 
8developmental disabilities facilities.  Consistent with the 
9provisions of Sections 4.4 and 4.5 of the Community Services 
10Act, whenever a State mental health facility operated by the 
11Department of Human Services or a State developmental 
12disabilities facility operated by the Department of Human 
13Services is closed, the Department of Human Services, at the 
14direction of the Governor, shall transfer funds from the closed 
15facility to the appropriate line item providing appropriation 
16authority for the new venue of care to facilitate the 
 
 
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1transition of services to the new venue of care, provided that 
2the new venue of care is a Department of Human Services funded 
3provider or facility.
4    As used in this Section, the terms "mental health facility" 
5and "developmental disabilities facility" have the meanings 
6ascribed to those terms in the Mental Health and Developmental 
7Disabilities Code.

 
8    Section 10. The Community Services Act is amended  by 
9changing Section 4.6 as follows:
 
10    (405 ILCS 30/4.6)
11    Sec. 4.6. Closure and sale of State mental health or 
12developmental disabilities facility.
13    (a) Whenever a State mental health facility operated by the 
14Department of Human Services is closed and the real estate on 
15which the facility is located is sold by the State, then, to 
16the extent that net proceeds are realized from the sale of that 
17real estate, those net proceeds must be directed toward 
18providing
other services and supports for persons with mental 
19health needs. To that end, those net proceeds shall be 
20deposited into the Community Mental Health Medicaid Trust Fund.
21    (b) Whenever a State developmental disabilities facility 
22operated by the Department of Human Services is closed and the 
23real estate on which the facility is located is sold by the 
24State, then, to the extent that net proceeds are realized from 
 
 
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1the sale of that real estate, those net proceeds must be 
2directed toward providing
other services and supports for 
3persons with developmental disabilities needs. To that end, 
4those  net proceeds shall be deposited into the Community 
5Developmental Disability Services Medicaid Trust Fund.
6    (c) In determining whether any net proceeds are realized 
7from a sale of real estate described in subsection (a) or (b), 
8the Division of Developmental Disabilities and the Division of 
9Mental Health of the Department of Human Services shall each 
10determine the money, if any, that shall be made available to 
11ensure that life, safety, and care concerns, including 
12infrastructure, are addressed so as to provide for persons with 
13developmental disabilities or mental illness at the remaining 
14respective State-operated facilities that will be expected to 
15serve the individuals previously served at the closed facility.
16    (d) The purposes for which the net proceeds from a sale of 
17real estate as provided in this Section may be used include, 
18but are not limited to, the following:
19        (1) Providing for individuals with developmental 
20    disabilities and mental health needs the services and 
21    supports described in subsection (e) of Section 4.4.
22        (2) In the case of the closure of a mental health 
23    facility, the construction of a new facility to serve the 
24    needs of persons with mental health needs.
25        (3) In the case of the closure of a developmental 
26    disabilities facility, construction of a new facility to 
 
 
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1    serve the needs of persons with developmental disabilities 
2    needs. 
3    (e) Whenever any net proceeds are realized from a sale of 
4real estate as provided in this Section, the Department of 
5Human Services shall share and discuss its plan or plans for 
6using those net proceeds with advocates, advocacy 
7organizations, and advisory groups whose
mission
includes 
8advocacy for persons with developmental disabilities or 
9persons with
mental
illness.

10    (f)  Consistent with the provisions of Sections 4.4 and 4.5 
11of this Act, whenever a State mental health facility operated 
12by the Department of Human Services is closed, the Department 
13of Human Services, at the direction of the Governor, shall 
14transfer funds from the closed facility to the appropriate line 
15item providing appropriation authority for the new venue of 
16care to facilitate the transition of services to the new venue 
17of care, provided that the new venue of care is a Department of 
18Human Services funded provider or facility. 
19    (g)  As used in this Section, the term "mental health 
20facility" has the meaning ascribed to that term in the Mental 
21Health and Developmental Disabilities Code. 
22(Source: P.A. 96-660, eff. 8-25-09; 96-1000, eff. 7-2-10.)".