(50 ILCS 835/0.01) (was 55 ILCS 105/0.01)
Sec. 0.01. Short title. This Act may be cited as the Community Care for
Persons with Developmental
Disabilities Act.
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/0.05) Sec. 0.05. Definitions. As used in this Act: "Governmental unit" means a county, municipality, or township. "Person with a developmental disability" means any person or persons so diagnosed and as defined in the Mental Health and Developmental Disabilities Code. A board of directors operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "person with a developmental disability".
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/1) (was 55 ILCS 105/1)
Sec. 1. Facilities or services; tax levy. Any governmental unit may provide facilities or services for the benefit
of its residents who are persons with intellectual or developmental disabilities and who are not eligible to participate
in any such program conducted under Article 14 of the School Code, or
may contract therefor with any privately or publicly operated entity
which provides facilities or services either in or out of such governmental unit.
For such purpose, the governmental unit may levy an annual tax of not to
exceed .1% upon all of the taxable property in the governmental unit at the value
thereof, as equalized or assessed by the Department of Revenue. Taxes first levied under this Section on or after the effective date of this amendatory Act of the 96th General Assembly are subject to referendum approval under Section 1.1 or 1.2 of this Act. Such tax
shall be levied and collected in the same manner as
other governmental unit taxes, but shall not be included in any limitation
otherwise prescribed as to the rate or amount of governmental unit taxes but shall
be in addition thereto and in excess thereof. When collected, such tax
shall be paid into a special fund in the governmental unit's treasury, to be
designated as the "Fund for Persons With a Developmental Disability", and shall
be used
only for the purpose specified in this Section. The levying of this annual tax shall not preclude the governmental unit from the use of other federal, State, or local funds for the purpose of providing facilities or services for the care and treatment of its residents who are intellectually disabled or under a developmental disability.
(Source: P.A. 99-143, eff. 7-27-15; 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/1.1) (was 55 ILCS 105/1.1)
Sec. 1.1. Petition for submission to referendum by governmental unit. (a) If the governmental unit's board passes an ordinance or resolution as provided in Section 1 of this Act asking that an annual tax may be levied for the purpose of providing facilities or services set forth in that Section and so instructs the county clerk, the clerk shall certify the proposition to the proper election officials for submission at the governmental unit's next general election. The proposition shall be in substantially the following form: Shall (governmental unit) levy an annual tax not to | ||
| ||
(b) If a majority of the votes cast upon the proposition are in favor thereof, such tax levy shall be authorized and the governmental unit shall levy a tax not to exceed the rate set forth in Section 1 of this Act.
(Source: P.A. 99-143, eff. 7-27-15; 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/1.2) (was 55 ILCS 105/1.2) Sec. 1.2. Petition for submission to referendum by electors. (a) Whenever a petition for submission to referendum by the electors which requests the establishment and maintenance of facilities or services for the benefit of its residents with a developmental disability and the levy of an annual tax not to exceed 0.1% upon all the taxable property in the governmental unit at the value thereof, as equalized or assessed by the Department of Revenue, is signed by electors of the governmental unit equal in number to at least 10% of the total votes cast for the office that received the greatest total number of votes at the last preceding general election of the governmental unit and is presented to the county clerk, the clerk shall certify the proposition to the proper election authorities for submission at the governmental unit's next general election. The proposition shall be in substantially the following form: Shall (governmental unit) levy an annual tax not to | ||
| ||
(b) If a majority of the votes cast upon the proposition are in favor thereof, such tax levy shall be authorized and the governmental unit shall levy a tax not to exceed the rate set forth in Section 1 of this Act. (c) If the governmental unit is also subject to the Property Tax Extension Limitation Law, then the proposition shall also comply with the Property Tax Extension Limitation Law. Notwithstanding any provision of this subsection, any referendum imposing an annual tax on or after January 1, 1994 and prior to the effective date of this amendatory Act of the 103rd General Assembly that complies with this Section is hereby validated. (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.) |
(50 ILCS 835/2) (was 55 ILCS 105/2)
Sec. 2. (Repealed).
(Source: P.A. 87-767. Repealed by P.A. 96-1350, eff. 7-28-10.)
|
(50 ILCS 835/3) (was 55 ILCS 105/3)
Sec. 3. Community board for care and treatment of persons with a developmental disability.
(a) When any governmental unit has authority to levy a tax for the purpose of this
Act, the presiding officer of the governmental unit's board with the advice and consent of
the governmental unit's board, shall appoint a board of
3 directors who shall administer
this Act. The board shall be designated the "(name of governmental unit) Board for
Care and Treatment of Persons with a Developmental
Disability". The original appointees shall be appointed for terms expiring,
respectively, on June 30 in the first, second and third
years following their
appointment as designated by the appointing authority. All succeeding terms
shall be for 3 years and appointments shall be made in like manner. Vacancies
shall be filled in like manner for the balance of the unexpired term. Each
director shall serve until his successor is appointed. Directors shall serve
without compensation but shall be reimbursed for expenses reasonably incurred
in the performance of their duties.
(b) The governmental unit's board of any governmental unit that has established a 3-member board under this Section may, by ordinance or resolution, provide that the governmental unit's board for
care and treatment of persons with a developmental
disability in that governmental unit shall consist of 5 members. Within 60 days after the ordinance or resolution is adopted, the presiding officer of the governmental unit, with the advice and consent of the governmental unit's board, shall appoint the 2 additional members. One member shall serve for a term expiring on June 30 of the second year following his or her appointment, and one shall serve for a term expiring on June 30 of the third year following his or her appointment. Their successors shall serve for 3-year terms.
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/4) (was 55 ILCS 105/4)
Sec. 4.
The directors shall meet in July, annually, and elect one of their
number as president and one as secretary, and shall elect such other
officers as they deem necessary. They shall adopt such rules for the
administration of this Act as may be proper and expedient. They shall
report to the court, from time to time, a detailed statement of their
administration.
The board shall have exclusive control of all money paid into the
Fund for Persons with a Developmental Disability and shall draw upon the governmental unit's
treasurer for all or any part of that fund required by the board in the
performance of its duties and exercise of its powers under this Act.
The board may establish, maintain, and equip facilities within the governmental unit
for the care and treatment of persons with a
developmental disability together with such auxiliary facilities connected
therewith as the board finds necessary. For those purposes, the board may
acquire, to be held in its name, real and personal property within the governmental unit
by gift, grant, legacy, purchase, or lease and may occupy, purchase, lease, or
erect an appropriate building or buildings for the use of such facilities and
all related facilities and activities.
The board may provide for the care and treatment of persons with a
developmental disability who are not residents of the governmental unit
and may establish and collect reasonable charges for such services.
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/4.1) (was 55 ILCS 105/4.1)
Sec. 4.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
|
(50 ILCS 835/5) (was 55 ILCS 105/5)
Sec. 5.
The board of directors may accept any donation of property for the
purpose specified in Section 1, and shall pay over to the governmental unit's
treasurer any money so received, within 30 days of the receipt thereof.
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/6) (was 55 ILCS 105/6)
Sec. 6.
The board of directors may impose a maintenance charge upon the
estate of any person with a developmental disability
receiving the benefits of the facilities or services prescribed in Section 1 of
this Act. If the estate of such person is insufficient, the parent or parents
of such person are liable for the payment of the amount due.
(Source: P.A. 88-380; 88-388; 89-585, eff. 1-1-97.)
|
(50 ILCS 835/7) (was 55 ILCS 105/7)
Sec. 7.
The rate at which the sums to be so charged as provided in Section
6 of this Act shall be calculated by the board of directors is the
average per capita operating cost for all persons receiving the benefit of
such facilities or services computed for each fiscal year; provided, that
the board may, in its discretion, set the rate at a lesser amount than such
average per capita cost. Less amounts may be accepted by the board when
conditions warrant such action or when money is offered by persons not
liable under Section 6. Any money received pursuant to this Section shall
be paid into the governmental unit's Fund for Persons with a Developmental Disability.
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/8) (was 55 ILCS 105/8)
Sec. 8.
The board of directors is authorized to investigate the financial
condition of each person liable under Section 6 and is further authorized
to make determinations of the ability of each such person to pay the sums
representing maintenance charges, and for such purposes to set a standard
as a basis of judgment of ability to pay, which standard shall be
recomputed periodically to reflect changes in the cost of living and other
pertinent factors, and to make provisions for unusual and exceptional
circumstances in the application of such standard. The board may issue to
any person liable therefor statements of amounts due as maintenance
charges, requiring payment in such manner as may be arranged, in an amount
not exceeding the average per capita operating cost as determined under
Section 7.
(Source: Laws 1961, p. 3804.)
|
(50 ILCS 835/9) (was 55 ILCS 105/9)
Sec. 9.
The use of the facilities or services specified in Section 1 of
this Act shall not be limited or conditioned in any manner by the
financial status or ability to pay of any recipient or person responsible.
Records pertaining to the payment of maintenance charges shall not be made
available for inspection, but all such records shall be deemed confidential
and used only when required for the purpose of Section 8 of this Act.
(Source: Laws 1961, p. 3804.)
|
(50 ILCS 835/10) (was 55 ILCS 105/10)
Sec. 10.
Any person who has been issued a statement of any sum due for
maintenance charges for a person with a developmental
disability may petition the board of directors for a modification thereof, and
the board shall provide for a hearing thereon. The board may, after such
hearing, grant such relief as seems proper.
(Source: P.A. 88-380; 88-388; 89-585, eff. 1-1-97.)
|
(50 ILCS 835/11) (was 55 ILCS 105/11)
Sec. 11.
Upon request of the board of directors, the State's Attorney of
the county in which a person who is liable for payment of maintenance
charges resides shall file suit in the circuit court to collect the amount
due. The court may order the payment of sums due for maintenance for such
period or periods as the circumstances require. Such order may be entered
against any or all such defendants and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums due. Orders
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants, and in addition as other judgments
at law, and costs may be adjudged against the defendants and apportioned
among them, but if the complaint is dismissed the costs shall be borne by
the governmental unit.
The provisions of the Civil Practice Law, and all amendments thereto, shall
apply to and govern all actions instituted under the provisions of this Act.
(Source: P.A. 100-1129, eff. 1-1-19.)
|
(50 ILCS 835/12) (was 55 ILCS 105/12)
Sec. 12.
Upon the death of a person who is liable for maintenance charges
imposed by Section 6 of this Act and who is possessed of property, the
executor or administrator of his estate shall ascertain from the board of
directors the extent of such charges. Such claim shall be allowed and paid
as other lawful claims against the estate.
(Source: Laws 1961, p. 3804.)
|
(50 ILCS 835/13) (was 55 ILCS 105/13)
Sec. 13.
The Department of Human Services shall
adopt general rules for the guidance of any board of directors, prescribing
reasonable standards in regard to program, facilities and services for
residents with a developmental disability.
The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative rules and procedures
of the Department under this Act, except that in case of conflict between
the Illinois Administrative Procedure Act and this Act the provisions of
this Act shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
The Department of Human Services may
conduct such investigation as may be necessary to ascertain compliance
with rules adopted pursuant to this Act.
If any such board of directors fails to comply with such rules, the
Department of Human Services shall
withhold distribution of any State grant in aid until such time as such
board complies with such rules.
(Source: P.A. 89-507, eff. 7-1-97; 89-585, eff.
1-1-97; 90-14, eff. 7-1-97.)
|
(50 ILCS 835/14) Sec. 14. Amendatory changes. The changes made by this amendatory Act of the 100th General Assembly do not: (i) dissolve or discontinue a county community developmental disabilities board established on or before the effective date of this amendatory Act of the 100th General Assembly; (ii) affect any tax levied or fund operated by a county community developmental disabilities board; or (iii) affect in any other way a county community developmental disabilities board operated as it previously had been operating under this Act.
(Source: P.A. 100-1129, eff. 1-1-19.)
|