Full Text of SB1750 96th General Assembly
SB1750ham001 96TH GENERAL ASSEMBLY
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Revenue & Finance Committee
Filed: 4/30/2009
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LRB096 08969 HLH 25898 a |
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| AMENDMENT TO SENATE BILL 1750
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| AMENDMENT NO. ______. Amend Senate Bill 1750 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Community Mental Health Act is amended by | 5 |
| changing Sections 4 and 5 as follows:
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| (405 ILCS 20/4) (from Ch. 91 1/2, par. 304)
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| Sec. 4. In order to provide the necessary funds or to | 8 |
| supplement
existing funds for such community mental health | 9 |
| facilities and services,
including facilities and services for | 10 |
| the person with a developmental
disability or a substance use | 11 |
| disorder, the governing body of any governmental
unit, subject | 12 |
| to the provisions of Section 5, may levy an annual tax of not | 13 |
| to
exceed .15% upon all of the taxable property in such | 14 |
| governmental unit at the
value thereof, as equalized or | 15 |
| assessed by the Department of Revenue. If a governmental unit | 16 |
| levies a tax under this Section at a rate of less than 0.15%, |
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| that levy may be increased to not more than 0.15% as provided | 2 |
| in Section 5 of this Act. Such tax
shall be levied and | 3 |
| collected in the same manner as other governmental unit
taxes, | 4 |
| but shall not be included in any limitation otherwise | 5 |
| prescribed as to
the rate or amount of governmental unit taxes, | 6 |
| but shall be in addition thereto
and in excess thereof.
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| When collected, such tax shall be paid into a special fund | 8 |
| to be
designated as the "Community Mental Health Fund" which | 9 |
| shall, upon
authorization by the appropriate governmental | 10 |
| unit, be administered by
the community mental health board and | 11 |
| used only for the purposes
specified in this Act. Nothing | 12 |
| contained herein shall in any way
preclude the use of other | 13 |
| funds available for such purposes under any
existing Federal, | 14 |
| State or local statute. Interest earned from moneys
deposited | 15 |
| in this Fund shall only be used for purposes which are
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| authorized by this Act.
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| In any city, village, incorporated town, or township which | 18 |
| levies a
tax for the purpose of providing community mental | 19 |
| health facilities and
services and part or all of such city, | 20 |
| village, incorporated town, or
township is in a county or | 21 |
| township, as the case may be, which levies a
tax to provide | 22 |
| community mental health facilities and services under the
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| provisions of this Act, such county or township, as the case | 24 |
| may be,
shall pay to such city, village, incorporated town, or | 25 |
| township, as the
case may be, the entire amount collected from | 26 |
| taxes under this Section
on property subject to a tax which any |
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| city, village, incorporated town,
or township thereof levies to | 2 |
| provide community mental health facilities
and services.
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| Whenever any city, village, incorporated town, or township | 4 |
| receives
any payments from a county or township as provided | 5 |
| above, such city,
village, incorporated town, or township shall | 6 |
| reduce and abate from the
tax levied by the authority of this | 7 |
| Section a rate which would produce
an amount equal to the | 8 |
| amount received from such county or township.
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| (Source: P.A. 95-336, eff. 8-21-07.)
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| (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
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| Sec. 5. (a) When the governing body of a governmental unit | 12 |
| passes a
resolution as provided in Section 4 asking that an | 13 |
| annual tax may be
levied for the purpose of providing such | 14 |
| mental health facilities and
services, including facilities | 15 |
| and services for the person with a
developmental disability or | 16 |
| a substance use disorder, in the community and so
instructs the | 17 |
| clerk of the governmental unit such clerk shall certify the
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| proposition to the proper election officials for submission at | 19 |
| a regular
election in accordance with the general election law. | 20 |
| The proposition shall be
in the following form:
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| -------------------------------------------------------------
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| Shall............ (governmental
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| unit) levy an annual tax of not to YES
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| exceed .15% for the purpose of providing
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| community mental health facilities and ---------------
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| services including facilities and services
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| for the person with a developmental NO
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| disability or a substance use disorder?
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| -------------------------------------------------------------
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| (b) If the governing body of a governmental unit passes a
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| resolution as provided in Section 4 asking that the annual tax | 7 |
| be
increased, it shall so
instruct the clerk of the | 8 |
| governmental unit, and the clerk shall certify the
proposition | 9 |
| to the proper election officials for submission at a regular
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| election in accordance with the general election law. The | 11 |
| proposition shall be
in the following form: | 12 |
| "Shall the tax imposed by (governmental unit) for the | 13 |
| purpose of providing community mental health facilities | 14 |
| and services, including facilities and services for | 15 |
| persons with a developmental disability or substance use | 16 |
| disorder be increased to (not more than 0.15%)?" | 17 |
| (c) If a majority of all the votes cast upon the | 18 |
| proposition are for the
levy or increase of such tax, the | 19 |
| governing
body of such governmental unit shall
thereafter | 20 |
| annually levy a tax not to exceed the rate set forth in
Section | 21 |
| 4. Thereafter, the governing body shall in the annual
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| appropriation bill appropriate from such funds such sum or sums | 23 |
| of money
as may be deemed necessary, based upon the community | 24 |
| mental health
board's budget, the board's annual mental health | 25 |
| report, and the local
mental health plan to defray necessary | 26 |
| expenses and liabilities in
providing for such community mental |
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| health facilities and services.
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| (Source: P.A. 95-336, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
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