Rep. Sara Feigenholtz
Filed: 2/19/2014
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1 | AMENDMENT TO HOUSE BILL 4403
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2 | AMENDMENT NO. ______. Amend House Bill 4403 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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)
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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.
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14 | (Source: P.A. 96-1548, eff. 1-1-12 .) | ||||||
15 | (405 ILCS 22/25)
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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.
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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.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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