Public Act 0274 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0274
 
HB0475 EnrolledLRB103 04045 AWJ 49051 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by adding Section
5-1188 as follows:
 
    (55 ILCS 5/5-1188 new)
    Sec. 5-1188. Sangamon County rescue squad. The Sangamon
County Board may form, manage, fund, and operate a volunteer
rescue squad to provide assistance within Sangamon County to
any public entity providing law enforcement, firefighting,
emergency disaster response, or first responder services. The
volunteer rescue squad may (i) locate missing persons,
including drowning victims, (ii) perform a supporting, and not
direct, role in fighting fires, and (iii) extricate persons
from unsafe conditions. The Sangamon County Board may provide
benefits for rescue squad volunteers who suffer disease,
injury, or death in the line of duty.
 
    Section 10. The Community Mental Health Act is amended by
changing Sections 3a, 3b, 3e, and 5 as follows:
 
    (405 ILCS 20/3a)  (from Ch. 91 1/2, par. 303a)
    Sec. 3a. Every governmental unit authorized to levy an
annual tax under any of the provisions of this Act shall,
before it may levy such tax, establish a 7 member community
mental health board who shall administer this Act. Such board
shall be appointed by the chairman of the governing body of a
county, the mayor of a city, the president of a village, the
president of an incorporated town, or the supervisor of a
township, as the case may be, with the advice and consent of
the governing body of such county, city, village, incorporated
town or the town board of trustees of any township. Members of
the community mental health board shall be residents of the
government unit and, as nearly as possible, be representative
of interested groups of the community such as local health
departments, medical societies, local comprehensive health
planning agencies, hospital boards, lay associations concerned
with mental health, developmental disabilities and substance
abuse, as well as the general public. Only one member shall be
a member of the governing body, with the term of membership on
the board to run concurrently with the elected term of the
member. The chairman of the governing body may, upon the
request of the community mental health board, appoint 2
additional members to the community mental health board. No
member of the community mental health board may be a full-time
or part-time employee of the Department of Human Services or a
board member, employee or any other individual receiving
compensation from any facility or service operating under
contract to the board. If a successful referendum is held
under Section 5 of this Act, all members of such board shall be
appointed within 60 days after the local election authority
certifies the passage of the referendum.
    Home rule units are exempt from this Act. However, they
may, by ordinance, adopt the provisions of this Act, or any
portion thereof, that they may deem advisable.
    The tax rate set forth in Section 4 may be levied by any
non-home rule unit only pursuant to the approval by the voters
at a referendum. Such referendum may have been held at any time
subsequent to the effective date of the Community Mental
Health Act.
(Source: P.A. 95-336, eff. 8-21-07.)
 
    (405 ILCS 20/3b)  (from Ch. 91 1/2, par. 303b)
    Sec. 3b. The term of office of each member of the community
mental health board shall be for 4 years, provided, however,
that of the members first appointed, 2 shall be appointed for a
term of 2 years, 2 for a term of 3 years and 3 for a term of 4
years. All terms shall be measured from the first day of the
month year of appointment. Vacancies shall be filled for the
unexpired term in the same manner as original appointments.
(Source: Laws 1965, p. 1037.)
 
    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
    Sec. 3e. Board's powers and duties.
    (1) Every community mental health board shall, within 30
days after members are first appointed and within 30 days
after members are appointed or reappointed upon the expiration
of a member's term immediately after appointment, meet and
organize, by the election of one of its number as president and
one as secretary and such other officers as it may deem
necessary. It shall make rules and regulations concerning the
rendition or operation of services and facilities which it
directs, supervises or funds, not inconsistent with the
provisions of this Act. It shall:
        (a) Hold a meeting prior to July 1 of each year at
    which officers shall be elected for the ensuing year
    beginning July 1;
        (b) Hold meetings at least quarterly;
        (c) Hold special meetings upon a written request
    signed by at least 2 members and filed with the secretary;
        (d) Review and evaluate community mental health
    services and facilities, including services and facilities
    for the treatment of alcoholism, drug addiction,
    developmental disabilities, and intellectual
    disabilities;
        (e) Authorize the disbursement of money from the
    community mental health fund for payment for the ordinary
    and contingent expenses of the board;
        (f) Submit to the appointing officer and the members
    of the governing body a written plan for a program of
    community mental health services and facilities for
    persons with a mental illness, a developmental disability,
    or a substance use disorder. Such plan shall be for the
    ensuing 12 month period. In addition, a plan shall be
    developed for the ensuing 3 year period and such plan
    shall be reviewed at the end of every 12 month period and
    shall be modified as deemed advisable.
        (g) Within amounts appropriated therefor, execute such
    programs and maintain such services and facilities as may
    be authorized under such appropriations, including amounts
    appropriated under bond issues, if any;
        (h) Publish the annual budget and report within 120
    days after the end of the fiscal year in a newspaper
    distributed within the jurisdiction of the board, or, if
    no newspaper is published within the jurisdiction of the
    board, then one published in the county, or, if no
    newspaper is published in the county, then in a newspaper
    having general circulation within the jurisdiction of the
    board. The report shall show the condition of its trust of
    that year, the sums of money received from all sources,
    giving the name of any donor, how all monies have been
    expended and for what purpose, and such other statistics
    and program information in regard to the work of the board
    as it may deem of general interest. A copy of the budget
    and the annual report shall be made available to the
    Department of Human Services and to members of the General
    Assembly whose districts include any part of the
    jurisdiction of such board. The names of all employees,
    consultants, and other personnel shall be set forth along
    with the amounts of money received;
        (i) Consult with other appropriate private and public
    agencies in the development of local plans for the most
    efficient delivery of mental health, developmental
    disabilities, and substance use disorder services. The
    Board is authorized to join and to participate in the
    activities of associations organized for the purpose of
    promoting more efficient and effective services and
    programs;
        (j) Have the authority to review and comment on all
    applications for grants by any person, corporation, or
    governmental unit providing services within the
    geographical area of the board which provides mental
    health facilities and services, including services for the
    person with a mental illness, a developmental disability,
    or a substance use disorder. The board may require funding
    applicants to send a copy of their funding application to
    the board at the time such application is submitted to the
    Department of Human Services or to any other local, State
    or federal funding source or governmental agency. Within
    60 days of the receipt of any application, the board shall
    submit its review and comments to the Department of Human
    Services or to any other appropriate local, State or
    federal funding source or governmental agency. A copy of
    the review and comments shall be submitted to the funding
    applicant. Within 60 days thereafter, the Department of
    Human Services or any other appropriate local or State
    governmental agency shall issue a written response to the
    board and the funding applicant. The Department of Human
    Services shall supply any community mental health board
    such information about purchase-of-care funds, State
    facility utilization, and costs in its geographical area
    as the board may request provided that the information
    requested is for the purpose of the Community Mental
    Health Board complying with the requirements of Section
    3f, subsection (f) of this Act;
        (k) Perform such other acts as may be necessary or
    proper to carry out the purposes of this Act.
    (2) The community mental health board has the following
powers:
        (a) The board may enter into multiple-year contracts
    for rendition or operation of services, facilities and
    educational programs.
        (b) The board may arrange through intergovernmental
    agreements or intragovernmental agreements or both for the
    rendition of services and operation of facilities by other
    agencies or departments of the governmental unit or county
    in which the governmental unit is located with the
    approval of the governing body.
        (c) To employ, establish compensation for, and set
    policies for its personnel, including legal counsel, as
    may be necessary to carry out the purposes of this Act and
    prescribe the duties thereof. The board may enter into
    multiple-year employment contracts as may be necessary for
    the recruitment and retention of personnel and the proper
    functioning of the board.
        (d) The board may enter into multiple-year joint
    agreements, which shall be written, with other mental
    health boards and boards of health to provide jointly
    agreed upon community mental health facilities and
    services and to pool such funds as may be deemed necessary
    and available for this purpose.
        (e) The board may organize a not-for-profit
    corporation for the purpose of providing direct recipient
    services. Such corporations shall have, in addition to all
    other lawful powers, the power to contract with persons to
    furnish services for recipients of the corporation's
    facilities, including psychiatrists and other physicians
    licensed in this State to practice medicine in all of its
    branches. Such physicians shall be considered independent
    contractors, and liability for any malpractice shall not
    extend to such corporation, nor to the community mental
    health board, except for gross negligence in entering into
    such a contract.
        (f) The board shall not operate any direct recipient
    services for more than a 2-year period when such services
    are being provided in the governmental unit, but shall
    encourage, by financial support, the development of
    private agencies to deliver such needed services, pursuant
    to regulations of the board.
        (g) Where there are multiple boards within the same
    planning area, as established by the Department of Human
    Services, services may be purchased through a single
    delivery system. In such areas, a coordinating body with
    representation from each board shall be established to
    carry out the service functions of this Act. In the event
    any such coordinating body purchases or improves real
    property, such body shall first obtain the approval of the
    governing bodies of the governmental units in which the
    coordinating body is located.
        (h) The board may enter into multiple-year joint
    agreements with other governmental units located within
    the geographical area of the board. Such agreements shall
    be written and shall provide for the rendition of services
    by the board to the residents of such governmental units.
        (i) The board may enter into multiple-year joint
    agreements with federal, State, and local governments,
    including the Department of Human Services, whereby the
    board will provide certain services. All such joint
    agreements must provide for the exchange of relevant data.
    However, nothing in this Act shall be construed to permit
    the abridgement of the confidentiality of patient records.
        (j) The board may receive gifts from private sources
    for purposes not inconsistent with the provisions of this
    Act.
        (k) The board may receive Federal, State and local
    funds for purposes not inconsistent with the provisions of
    this Act.
        (l) The board may establish scholarship programs. Such
    programs shall require equivalent service or reimbursement
    pursuant to regulations of the board.
        (m) The board may sell, rent, or lease real property
    for purposes consistent with this Act.
        (n) The board may: (i) own real property, lease real
    property as lessee, or acquire real property by purchase,
    construction, lease-purchase agreement, or otherwise; (ii)
    take title to the property in the board's name; (iii)
    borrow money and issue debt instruments, mortgages,
    purchase-money mortgages, and other security instruments
    with respect to the property; and (iv) maintain, repair,
    remodel, or improve the property. All of these activities
    must be for purposes consistent with this Act as may be
    reasonably necessary for the housing and proper
    functioning of the board. The board may use moneys in the
    Community Mental Health Fund for these purposes.
        (o) The board may organize a not-for-profit
    corporation (i) for the purpose of raising money to be
    distributed by the board for providing community mental
    health services and facilities for the treatment of
    alcoholism, drug addiction, developmental disabilities,
    and intellectual disabilities or (ii) for other purposes
    not inconsistent with this Act.
        (p) The board may fix a fiscal year for the board.
        (q) The board has the responsibility to set, maintain,
    and implement the budget.
    Every board shall be subject to the requirements under the
Freedom of Information Act and the Open Meetings Act.
(Source: P.A. 97-227, eff. 1-1-12.)
 
    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
    Sec. 5. (a) When the governing body of a governmental unit
passes a resolution as provided in Section 4 asking that an
annual tax may be levied for the purpose of providing such
mental health facilities and services, including facilities
and services for the person with a developmental disability or
a substance use disorder, in the community and so instructs
the clerk of the governmental unit such clerk shall certify
the proposition to the proper election officials for
submission at a regular election in accordance with the
general election law. The proposition shall be in the
following form:
-------------------------------------------------------------
    Shall............  (governmental
unit) levy an annual tax of (not                YES
more than .15%) for the purpose of providing
community mental health facilities and        ---------------
services including facilities and services
for persons the person with a developmental     NO
disability or a substance use disorder?
-------------------------------------------------------------
    (a-5) 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 May 13, 2022 (the effective date of Public Act
102-839) this amendatory Act of the 102nd General Assembly
that complies with subsection (a) is hereby validated.
    (b) If a majority of all the votes cast upon the
proposition are for the levy of such tax, the governing body of
such governmental unit shall thereafter annually levy a tax
not to exceed the rate set forth in Section 4. Thereafter, the
governing body shall in the annual appropriation bill
appropriate from such funds such sum or sums of money as may be
deemed necessary by the community mental health board, based
upon the community mental health board's budget, the board's
annual mental health report, and the local mental health plan
to defray necessary expenses and liabilities in providing for
such community mental health facilities and services.
    (c) If the governing body of a governmental unit levies a
tax under Section 4 of this Act and the rate specified in the
proposition under subsection (a) of this Section is less than
0.15%, then the governing body of the governmental unit may,
upon referendum approval, increase that rate to not more than
0.15%. The governing body shall instruct the clerk of the
governmental unit to certify the proposition to the proper
election officials for submission at a regular election in
accordance with the general election law. The proposition
shall be in the following form:
        "Shall the tax imposed by (governmental unit) for the
    purpose of providing community mental health facilities
    and services, including facilities and services for
    persons with a developmental disability or substance use
    disorder be increased to (not more than 0.15%)?"
    If a majority of all the votes cast upon the proposition
are for the increase of the tax, then the governing body of the
governmental unit may thereafter annually levy a tax not to
exceed the rate set forth in the referendum question.
(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
revised 8-25-22.)