Full Text of SB0150 96th General Assembly
SB0150ham002 96TH GENERAL ASSEMBLY | State Government Administration Committee Filed: 11/30/2010
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| 1 | | AMENDMENT TO SENATE BILL 150
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 150, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Community Expanded Mental Health Services Act. | 7 | | Section 5. Purpose. The purpose of an Expanded Mental | 8 | | Health Services Program and Governing Commission created under | 9 | | the provisions of this Act by the voters of a territory within | 10 | | a municipality with a population of more than 1,000,000 shall | 11 | | be to expand the availability of mental health services to an | 12 | | additional population of mentally ill residents, in keeping | 13 | | with the model of community-based mental health care instituted | 14 | | by the 1963 federal Community Mental Health Centers Act. The | 15 | | Program is intended to expand and extend mental health services | 16 | | to mentally ill residents who need the assistance of their |
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| 1 | | communities in overcoming or coping with mental or emotional | 2 | | disorders, with a special focus on early intervention and | 3 | | prevention of such disorders. The Expanded Mental Health | 4 | | Services Program may also assist the severely mentally ill, but | 5 | | shall not replace existing services currently mandated by law | 6 | | for the severely mentally ill. | 7 | | Section 10. Definitions. As used in this Act: | 8 | | "Clinical psychologist" means a psychologist who is | 9 | | licensed by the Illinois Department of Financial and | 10 | | Professional Regulation and who: (i) has a doctoral degree from | 11 | | a regionally accredited university, college, or professional | 12 | | school, and has 2 years of supervised experience in health | 13 | | services of which at least one year is postdoctoral and one | 14 | | year is in an organized health service program; or (ii) has a | 15 | | graduate degree in psychology from a regionally accredited | 16 | | university or college, and has not less than 6 years of | 17 | | experience as a psychologist with at least 2 years of | 18 | | supervised experience in health services. | 19 | | "Clinical social worker" means a person who is licensed as | 20 | | a clinical social worker by the Illinois Department of | 21 | | Financial and Professional Regulation and who: (i) has a | 22 | | master's or doctoral degree in social work from an accredited | 23 | | graduate school of social work; and (ii) has at least 2 years | 24 | | of supervised post-master's clinical social work practice | 25 | | which shall include the provision of mental health services for |
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| 1 | | the evaluation, treatment and prevention of mental and | 2 | | emotional disorders. | 3 | | "Community organization" means a not for profit | 4 | | organization which has been registered with this State for at | 5 | | least 5 years as a not for profit organization, which qualifies | 6 | | for tax exempt status under Section 501(c)(3) of the United | 7 | | States Internal Revenue Code of 1986, as now or hereafter | 8 | | amended, which continuously maintains an office or business | 9 | | location within the territory of an Expanded Mental Health | 10 | | Services Program together with a current listed telephone | 11 | | number, or a majority of whose members reside within the | 12 | | territory of an Expanded Mental Health Services Program. | 13 | | "Eligible person" means any person living within a | 14 | | described territory who suffers from, or is at risk of | 15 | | suffering from, a mental illness and such a person's immediate | 16 | | family (including a spouse, child, and parent). Each eligible | 17 | | person may receive described services within a territory, and | 18 | | those services shall be free of charge after the person has | 19 | | exhausted all available payment subsidies, including but not | 20 | | limited to Medicare, Medicaid, and private insurance. | 21 | | "Governing Commission" means the governing body of an | 22 | | Expanded Mental Health Services Program created under this Act. | 23 | | "Mental illness" means a mental or emotional disorder that | 24 | | substantially impairs a person's thought, perception of | 25 | | reality, emotional process, judgment, behavior, or ability to | 26 | | cope with the ordinary demands of life, but does not include a |
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| 1 | | developmental disability, dementia, or Alzheimer's disease | 2 | | absent psychosis, or an abnormality manifested only by repeated | 3 | | criminal or otherwise antisocial conduct. | 4 | | "Mental health professionals" include clinical social | 5 | | workers, clinical psychologists, and psychiatrists as defined | 6 | | by this Act. | 7 | | "Program" means the Expanded Mental Health Services | 8 | | Program governed by a specific Governing Commission. | 9 | | "Program guidelines" means those policies, rules, | 10 | | regulations, and bylaws established from time to time by the | 11 | | Governing Commission to explain, clarify, or modify the Program | 12 | | in order to fulfill its goals and objectives. | 13 | | "Psychiatrist" means a physician who has successfully | 14 | | completed a residency program in psychiatry accredited by | 15 | | either the Accreditation Council for Graduate Medical | 16 | | Education or the American Osteopathic Association. | 17 | | "Severe mental illness" means the manifestation of all of | 18 | | the following characteristics: (i) a primary diagnosis of one | 19 | | of the major mental disorders in the current edition of the | 20 | | Diagnostic and Statistical Manual of Mental Disorders listed as | 21 | | follows: schizophrenia disorder; delusional disorder; | 22 | | schizo-affective disorder; bipolar affective disorder; | 23 | | atypical psychosis; major depression, recurrent; (ii) | 24 | | substantial impairment of functioning in at least 2 of the | 25 | | following areas: self-maintenance, social functioning, | 26 | | activities of community living, and work skills; and (iii) |
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| 1 | | presence or expected presence of the disability for at least | 2 | | one year. | 3 | | A determination of severe mental illness shall be based | 4 | | upon a comprehensive, documented assessment with an evaluation | 5 | | by a licensed clinical psychologist or psychiatrist, and shall | 6 | | not be based solely on behaviors relating to environmental, | 7 | | cultural or economic differences. | 8 | | "Territory" means a geographically contiguous area with a | 9 | | population of 75,000 to 250,000 based on the most recent | 10 | | decennial census. | 11 | | "Treatment" means an effort to accomplish an improvement in | 12 | | the mental condition or related behavior of a recipient. | 13 | | "Treatment" includes, but is not limited to, examination, | 14 | | diagnosis, evaluation, care, training, psychotherapy, | 15 | | pharmaceuticals, outpatient services, and other services | 16 | | provided for recipients by mental health facilities. | 17 | | Section 15. Creation of Expanded Mental Health Services | 18 | | Program and Governing Commission. | 19 | | (a) Whenever in a municipality with more than 1,000,000 | 20 | | inhabitants, the question of creating an Expanded Mental Health | 21 | | Services Program within a contiguous territory included | 22 | | entirely within the municipality is initiated by resolution or | 23 | | ordinance of the corporate authorities of the municipality or | 24 | | by a petition signed by not less than 8% of the total votes | 25 | | cast for candidates for Governor in the preceding gubernatorial |
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| 1 | | election by registered voters of the territory, the registered | 2 | | voters of which are eligible to sign the petition, it shall be | 3 | | the duty of the election authority having jurisdiction over | 4 | | such municipality to submit the question of creating an | 5 | | Expanded Mental Health Services Program to the electors of the | 6 | | territory at the regular election specified in the resolution, | 7 | | ordinance, or petition initiating the question. A petition | 8 | | initiating a question described in this Section shall be filed | 9 | | with the election authority having jurisdiction over the | 10 | | municipality. The petition shall be filed and objections | 11 | | thereto shall be made in the manner provided in the general | 12 | | election law. A resolution, ordinance, or petition initiating a | 13 | | question described in this Section shall specify the election | 14 | | at which the question is to be submitted. The referendum on | 15 | | such question shall be held in accordance with general election | 16 | | law. Such question, and the resolution, ordinance, or petition | 17 | | initiating the question, shall include a description of the | 18 | | territory, the name of the proposed Expanded Mental Health | 19 | | Services Program, and the maximum rate at which the Expanded | 20 | | Mental Health Services Program shall be able to levy a property | 21 | | tax. The question shall be in substantially the following form: | 22 | | Shall there be established, to serve the territory commonly | 23 | | described on this ballot or notice of this question, a ........ | 24 | | (fill in community name) Expanded Mental Health Services | 25 | | Program, to provide direct free mental health services for any | 26 | | resident of the territory who needs assistance in overcoming or |
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| 1 | | coping with mental or emotional disorders, where such program | 2 | | will be funded through an increase of not more than ..... (fill | 3 | | in tax rate from .004 to .007) of the real estate property tax | 4 | | bill of all 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 | | Section 20. Duties and functions of Governing Commission. | 15 | | The duties and functions of the Governing Commission of an | 16 | | Expanded Mental Health Services Program shall include the | 17 | | following: | 18 | | (1) To, immediately after appointment, meet and organize, | 19 | | by the election of one of its number as president and one as | 20 | | secretary and such other officers as it may deem necessary. It | 21 | | shall establish policies, rules, regulations, bylaws, and | 22 | | procedures for both the Governing Commission and the Program | 23 | | concerning the rendition or operation of services and | 24 | | facilities which it directs, supervises, or funds, not | 25 | | inconsistent with the provisions of this Act. No policies, |
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| 1 | | rules, regulations, or bylaws shall be adopted by the Governing | 2 | | Commission without prior notice to the residents of the | 3 | | territory of a Program and an opportunity for such residents to | 4 | | be heard. | 5 | | (2) To hold meetings at least quarterly, and to hold | 6 | | special meetings upon a written request signed by at least 2 | 7 | | commissioners and filed with the secretary of the Governing | 8 | | Commission. | 9 | | (3) To provide annual status reports on the Program to the | 10 | | Governor, the Mayor of the municipality, and the voters of the | 11 | | territory within 120 days after the end of the fiscal year, | 12 | | such report to show the condition of the expanded mental health | 13 | | services fund for that year, the sums of money received from | 14 | | all sources, how all monies have been expended and for what | 15 | | purposes, how the Program has conformed with the mental health | 16 | | needs assessment conducted in the territory, and such other | 17 | | statistics and Program information in regard to the work of the | 18 | | Governing Commission as it may deem of general interest. | 19 | | (4) To manage, administer, and invest the financial | 20 | | resources contained in the expanded mental health services | 21 | | fund. | 22 | | (5) To employ necessary personnel, acquire necessary | 23 | | office space, enter into contractual relationships, and | 24 | | disburse funds in accordance with the provisions of this Act. | 25 | | In this regard, to the extent the Governing Commission chooses | 26 | | to retain the services of another public or private agency with |
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| 1 | | respect to the provision of expanded mental health services | 2 | | under this Act, such selection shall be based upon receipt of a | 3 | | comprehensive plan addressing the following factors: the | 4 | | conducting of a thorough mental health needs assessment for the | 5 | | territory; the development of specific mental health programs | 6 | | and services tailored to this assessment; and the percentage of | 7 | | the proposed budget devoted to responding to these demonstrated | 8 | | needs. Within 14 days of the selection of any individual or | 9 | | organization, the Governing Commission shall provide a written | 10 | | report of its decision, with specific reference to the factors | 11 | | used in reaching its decision, to the Mayor of the | 12 | | municipality, the Governor, and the voters of the territory. | 13 | | Subsequent decisions by the Governing Commission to retain or | 14 | | terminate the services of a provider shall be based upon the | 15 | | provider's success in achieving its stated goals, especially | 16 | | with regards to servicing the maximum number of residents of | 17 | | the territory identified as needing mental health services in | 18 | | the initial needs assessment and subsequent updates to it. | 19 | | (6) To disburse the funds collected annually from tax | 20 | | revenue in such a way that no less that 85% of those funds are | 21 | | expended on direct mental and emotional health services | 22 | | provided by licensed mental health professionals or by mental | 23 | | health interns or persons with a bachelor's degree in social | 24 | | work supervised by those professionals. | 25 | | (7) To establish criteria and standards necessary for | 26 | | hiring the licensed mental health professionals to be employed |
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| 1 | | to provide the direct services of the Program. | 2 | | (8) To identify the mental and emotional health needs | 3 | | within the Program territory and determine the programs for | 4 | | meeting those needs annually as well as the eligible persons | 5 | | whom the Program may serve. | 6 | | (9) To obtain errors and omissions insurance for all | 7 | | commissioners in an amount of no less than $1,000,000. | 8 | | (10) To perform such other functions in connection with the | 9 | | Program and the expanded mental health services fund as | 10 | | required under this Act. | 11 | | Section 25. Expanded mental health services fund. | 12 | | (a) The Governing Commission shall maintain the expanded | 13 | | mental health services fund for the purposes of paying the | 14 | | costs of administering the Program and carrying out its duties | 15 | | under this Act, subject to the limitations and procedures set | 16 | | forth in this Act. | 17 | | (b) The expanded mental health services fund shall be | 18 | | raised by means of an annual tax levied on each property within | 19 | | the territory of the Program. The rate of this tax may be | 20 | | changed from year to year by majority vote of the Governing | 21 | | Commission but in no case shall it exceed the ceiling rate | 22 | | established by the voters in the territory of the Program in | 23 | | the binding referendum to approve the creation of the Expanded | 24 | | Mental Health Services Program. The ceiling rate must be set | 25 | | within the range of .004 to .007 on each property in the |
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| 1 | | territory of the Program. A higher ceiling rate for a territory | 2 | | may be established within that range only by the voters in a | 3 | | binding referendum from time to time to be held in a manner as | 4 | | set forth in this legislation. The commissioners shall cause | 5 | | the amount to be raised by taxation in each year to be | 6 | | certified to the county clerk in the manner provided by law, | 7 | | and any tax so levied and certified shall be collected and | 8 | | enforced in the same manner and by the same officers as those | 9 | | taxes for the purposes of the county and city within which the | 10 | | territory of the Governing Commission is located. Any such tax, | 11 | | when collected, shall be paid over to the proper officer of the | 12 | | Governing Commission who is authorized to receive and receipt | 13 | | for such tax. The Governing Commission may issue tax | 14 | | anticipation warrants against the taxes to be assessed for a | 15 | | calendar year. | 16 | | (c) The moneys deposited in the expanded mental health | 17 | | services fund shall, as nearly as practicable, be fully and | 18 | | continuously invested or reinvested by the Governing | 19 | | Commission in investment obligations which shall be in such | 20 | | amounts, and shall mature at such times, that the maturity or | 21 | | date of redemption at the option of the holder of such | 22 | | investment obligations shall coincide, as nearly as | 23 | | practicable, with the times at which monies will be required | 24 | | for the purposes of the Program. For the purposes of this | 25 | | Section, "investment obligation" means direct general | 26 | | municipal, state, or federal obligations which at the time are |
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| 1 | | legal investments under the laws of this State and the payment | 2 | | of principal of and interest on which are unconditionally | 3 | | guaranteed by the governing body issuing them. | 4 | | (d) The fund shall be used solely and exclusively for the | 5 | | purpose of providing expanded mental health services and no | 6 | | more that 15% of the annual levy may be used for reasonable | 7 | | salaries, expenses, bills, and fees incurred in administering | 8 | | the Program. | 9 | | (e) The fund shall be maintained, invested, and expended | 10 | | exclusively by the Governing Commission of the Program for | 11 | | whose purposes it was created. Under no circumstances shall the | 12 | | fund be used by any person or persons, governmental body, or | 13 | | public or private agency or concern other than the Governing | 14 | | Commission of the Program for whose purposes it was created. | 15 | | Under no circumstances shall the fund be commingled with other | 16 | | funds or investments. | 17 | | (f) No commissioner or family member of a commissioner, or | 18 | | employee or family member of an employee, may receive any | 19 | | financial benefit, either directly or indirectly, from the | 20 | | fund. Nothing in this subsection shall be construed to prohibit | 21 | | payment of expenses to a commissioner in accordance with | 22 | | subsection (g) of Section 15. | 23 | | (g) Annually, the Governing Commission shall prepare for | 24 | | informational purposes in the appropriations process: (1) an | 25 | | annual budget showing the estimated receipts and intended | 26 | | disbursements pursuant to this Act for the fiscal year |
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| 1 | | immediately following the date the budget is submitted, which | 2 | | date must be at least 30 days prior to the start of the fiscal | 3 | | year; and (2) an independent financial audit of the fund and | 4 | | the management of the Program detailing the income received and | 5 | | disbursements made pursuant to this Act during the fiscal year | 6 | | just preceding the date the annual report is submitted, which | 7 | | date must be within 90 days of the close of that fiscal year. | 8 | | These reports shall be made available to the public through any | 9 | | office of the Governing Commission or a public facility such as | 10 | | a local public library located within the territory of the | 11 | | Program. In addition, and in an effort to increase transparency | 12 | | of public programming, the Governing Commission shall | 13 | | effectively create and operate a publicly accessible website, | 14 | | which shall publish results of all audits for a period of no | 15 | | less than six months after the initial disclosure of the | 16 | | results and findings of each audit. | 17 | | Section 30. Termination of a Program. An Expanded Mental | 18 | | Health Services Program may be terminated only by the | 19 | | submission of and approval of the issue in the form of a public | 20 | | question before the voters of the territory of the Program at a | 21 | | regularly scheduled election in the same manner as the question | 22 | | of the creation of the Program, as set forth in Section 15 of | 23 | | this Act. If a majority of the voters voting upon the question | 24 | | approve the termination of the Expanded Mental Health Services | 25 | | Program, as certified by the proper election authorities, the |
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| 1 | | Program shall conclude its business and cease operations within | 2 | | one year of the date on which the election containing the | 3 | | public question was held. | 4 | | Section 35. Immunity and indemnification. No commissioner, | 5 | | officer, or employee, whether on salary, wage, or voluntary | 6 | | basis, shall be personally liable and no cause of action may be | 7 | | brought for damages resulting from the exercise of judgment or | 8 | | discretion in connection with the performance of Program duties | 9 | | or responsibilities, unless the act or omission involved | 10 | | willful or wanton conduct. | 11 | | A Program shall indemnify each commissioner, officer, and | 12 | | employee, except for the mental health professionals who will | 13 | | be expected to maintain malpractice insurance appropriate to | 14 | | their professional positions, whether on salary, wage, or | 15 | | voluntary basis against any and all losses, damages, judgments, | 16 | | interest, settlements, fines, court costs and other reasonable | 17 | | costs and expenses of legal proceedings including attorney | 18 | | fees, and any other liabilities incurred by, imposed upon, or | 19 | | suffered by such individual in connection with or resulting | 20 | | from any claim, action, suit, or proceeding, actual or | 21 | | threatened, arising out of or in connection with the | 22 | | performance of Program duties. Any settlement of any claim must | 23 | | be made with prior approval of the Governing Commission in | 24 | | order for indemnification, as provided in this Section, to be | 25 | | available. |
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| 1 | | The immunity and indemnification provided by a Program | 2 | | under this Section shall not cover any acts or omissions which | 3 | | involve willful or wanton conduct, breach of good faith, | 4 | | intentional misconduct, knowing violation of the law, or for | 5 | | any transaction from which such individual derives an improper | 6 | | personal benefit. | 7 | | Section 40. Legal actions. No lawsuit or any other type of | 8 | | legal action brought under the terms of this Act shall be | 9 | | sustainable in a court of law or equity unless all conditions, | 10 | | stipulations, and provisions of the Program have been complied | 11 | | with, and unless the suit is brought within 12 months after the | 12 | | event which is the subject of the legal action. | 13 | | Section 45. Penalty. Any person violating the provisions of | 14 | | this Act or any procedure, regulation, or bylaw of a Governing | 15 | | Commission and Program created under the provisions of this Act | 16 | | shall, in addition to all other remedies provided by law, be | 17 | | guilty of a petty offense and shall be fined not more than | 18 | | $1,000 for each offense. | 19 | | Section 50. Home rule. The authority or duty to establish | 20 | | or prohibit the establishment of Expanded Mental Health | 21 | | Services Programs in any municipality with more than 1,000,000 | 22 | | inhabitants, including home rule units, and the determination | 23 | | of the terms of such Programs are declared to be exclusive |
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| 1 | | powers and functions of the State which may not be exercised | 2 | | concurrently by any such municipality. No municipality with | 3 | | more than 1,000,000 inhabitants, including home rule units, | 4 | | shall establish or maintain an Expanded Mental Health Services | 5 | | Program other than as provided in this Act, and any such | 6 | | municipality shall affirmatively establish and maintain an | 7 | | Expanded Mental Health Services Program when required to do so | 8 | | pursuant to this Act. This Section is a denial and
limitation | 9 | | of home rule powers and functions under
subsection (h) of | 10 | | Section 6 of Article VII of the
Illinois Constitution.".
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