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.)