Illinois General Assembly - Full Text of HB5562
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Full Text of HB5562  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr.


New Act

    Creates the Community Expanded Senior and Youth Services Act. Provides for initiation of a question of creating an Expanded Senior and Youth Services Program to provide mental health services within a contiguous territory included entirely within a municipality with more than 1,000,000 inhabitants and increasing real estate property taxes to fund the services. Provides that if the voters of the territory approve of the creation of an Expanded Mental Health Services Program, a governing commission shall be appointed with specified duties. Provides for: creation of and expenditures from an expanded mental health services fund; termination of a Program; immunity and indemnification; legal actions; penalties; home rule; and other matters.

LRB102 25443 RJT 34729 b





HB5562LRB102 25443 RJT 34729 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Community Expanded Senior and Youth Services Act.
6    Section 5. Purpose. The purpose of an Expanded Senior and
7Youth Services Program and governing commission created under
8the provisions of this Act to expand the availability of
9senior and youth services in communities where there is a
10self-identified need for such services.
11    Section 10. Definitions. As used in this Act:
12    "Community organization" means a not for profit
13organization that has been registered with this State for at
14least 5 years as a not for profit organization, which
15qualifies for tax exempt status under Section 501(c)(3) of the
16United States Internal Revenue Code of 1986, that continuously
17maintains an office or business location within the territory
18of an Expanded Senior and Youth Services Program, together
19with a current listed telephone number, or a majority of whose
20members reside within the territory of an Expanded Senior and
21Youth Services Program.
22    "Governing commission" means the governing body of an



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1Expanded Senior and Youth Services Program created under this
3    "Program" means the Expanded Senior and Youth Services
4Program governed by a specific governing commission.
5    "Program guidelines" means those policies, rules,
6regulations, and bylaws established from time to time by the
7governing commission to explain, clarify, or modify the
8Program in order to fulfill its goals and objectives.
9    "Territory" means a geographically contiguous area with a
10population of 75,000 to 250,000 based on the most recent
11decennial census at the formation of a Program.
12    Section 15. Creation of Expanded Senior and Youth Services
13Program and governing commission.
14    (a) In a municipality with more than 1,000,000
15inhabitants, the question of creating an Expanded Senior and
16Youth Services Program within a contiguous territory included
17entirely within the municipality may be initiated by
18resolution or ordinance of the corporate authorities of the
19municipality or by a petition signed by not less than 8% of the
20total votes cast for candidates for Governor in the preceding
21gubernatorial election by registered voters of the territory,
22by registered voters who are eligible to sign the petition. A
23resolution, ordinance, or petition initiating a question
24described in this subsection shall be filed with the election
25authority having jurisdiction over the municipality. The



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1petition shall be filed and objections thereto shall be made
2in the manner provided in the general election law. A
3resolution, ordinance, or petition initiating a question
4described in this subsection shall specify the election at
5which the question is to be submitted. Upon receipt of a
6resolution, ordinance, or petition under this subsection, the
7election authority having jurisdiction over such municipality
8shall submit the question of creating a Program to the
9electors of the territory at the regular election specified in
10the resolution, ordinance, or petition initiating the
11question. The referendum on such question shall be held in
12accordance with general election law. Such question, and the
13resolution, ordinance, or petition initiating the question,
14shall include a description of the territory, the name of the
15proposed Program, and the maximum rate at which the Program
16shall be able to levy a property tax. The question shall be in
17substantially the following form:
18        Shall there be established, to serve the territory
19    commonly described on this ballot or notice of this
20    question, a ........ (fill in community name) Expanded
21    Senior and Youth Services Program, to provide direct free
22    senior and youth services for the territory, where such
23    program will be funded through an increase of not more
24    than ..... (fill in tax rate from .025% to .044%) of the
25    equalized assessed valuation of all properties within the
26    boundaries of the territory?



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1    All of that area within the geographic boundaries of the
2territory described in such question shall be included in the
3Program, and no area outside the geographic boundaries of the
4territory described in such question shall be included in the
5Program. If the election authority determines that the
6description cannot be included within the space limitations of
7the ballot, the election authority shall prepare large printed
8copies of a notice of the question, which shall be prominently
9displayed in the polling place of each precinct in which the
10question is to be submitted.
11    (b) Whenever a majority of the voters on such public
12question approve the creation of an Expanded Senior and Youth
13Services Program as certified by the proper election
14authorities, within 90 days of the passage of the referendum,
15the Governor shall appoint 5 members and the mayor of the
16municipality shall appoint 4 members, to be known as
17commissioners, to serve as the governing body of the Expanded
18Senior and Youth Services Program.
19    (c) Of the 5 commissioners appointed by the Governor, the
20Governor shall choose 4 commissioners from a list of nominees
21supplied by community organizations; these 4 commissioners
22shall reside in the territory of the Program. Of the
23commissioners appointed by the Governor, at least one shall be
24a senior or youth services professional and at least one shall
25be a senior or youth services consumer residing in the
26territory of the Program.



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1    (d) Of the 4 commissioners appointed by the mayor of the
2municipality, the mayor shall choose 3 commissioners from a
3list of nominees supplied by community organizations; these 3
4commissioners shall reside in the territory of the Program. Of
5the commissioners appointed by the mayor, at least one shall
6be a senior or youth services professional and at least one
7shall be a senior or youth services consumer residing in the
8territory of the Program.
9    (e) A community organization may recommend up to 10
10individuals to the Governor and up to 10 individuals to the
11mayor to serve on the governing commission.
12    (f) No fewer than 7 commissioners serving at one time
13shall reside within the territory of the Program.
14    (g) The terms of the initial commissioners shall be as
15follows: (i) of the Governor's initial appointments, 2 shall
16be for 3 years, one for 2 years, and 2 for one year; and (ii)
17of the mayor's initial appointments, one shall be for 3 years,
182 for 2 years, and one for one year. All succeeding terms shall
19be for 3 years, or until a successor is appointed and
20qualified. Commissioners shall serve without compensation
21except for reimbursement for reasonable expenses incurred in
22the performance of duties as a commissioner. A vacancy in the
23office of a member of a governing commission shall be filled in
24like manner as an original appointment.
25    (h) Any member of the governing commission may be removed
26by a majority vote of all other commissioners for absenteeism,



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1neglect of duty, misconduct, or malfeasance in the office
2after being given a written statement of the charges and an
3opportunity to be heard thereon.
4    (i) All proceedings and meetings of the governing
5commission shall be conducted in accordance with the
6provisions of the Open Meetings Act.
7    Section 20. Duties and functions of the governing
8commission. The duties and functions of the governing
9commission of a Program include the following:
10        (1) To, immediately after appointment, meet and
11    organize, including the election of one of its number as
12    president and one as secretary and such other officers as
13    it may deem necessary. It shall establish policies, rules,
14    bylaws, and procedures for both the governing commission
15    and the Program concerning the rendition or operation of
16    services and facilities which it directs, supervises, or
17    funds, not inconsistent with the provisions of this Act.
18    No policies, rules, or bylaws shall be adopted by the
19    governing commission without prior notice to the residents
20    of the territory of a Program and an opportunity for such
21    residents to be heard.
22        (2) To hold meetings at least quarterly, and to hold
23    special meetings upon a written request signed by at least
24    2 commissioners and filed with the secretary of the
25    governing commission.



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1        (3) To provide annual status reports on the Program to
2    the Governor, the mayor of the municipality, and the
3    voters of the territory within 120 days after the end of
4    the fiscal year and the report must show the condition of
5    the expanded senior and youth services fund for that year,
6    the sums of money received from all sources, how all
7    monies have been expended and for what purposes, how the
8    Program has conformed with the senior and youth services
9    needs assessment conducted in the territory, and such
10    other statistics and Program information in regard to the
11    work of the governing commission as it may deem of general
12    interest.
13        (4) To manage, administer, and invest the financial
14    resources contained in the expanded senior and youth
15    services fund.
16        (5) To employ necessary personnel, acquire necessary
17    office space, enter into contractual relationships, and
18    disburse funds in accordance with the provisions of this
19    Act. To the extent the governing commission chooses to
20    retain the services of another public or private agency
21    with respect to the provision of expanded senior and youth
22    services under this Act, such selection shall be based
23    upon receipt of a comprehensive plan addressing the
24    following factors: the conducting of a thorough senior and
25    youth services needs assessment for the territory; the
26    development of specific senior and youth programs and



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1    services tailored to this assessment; and the percentage
2    of the proposed budget devoted to responding to these
3    demonstrated needs. Within 14 days of the selection of any
4    individual or organization, the governing commission shall
5    provide a written report of its decision, with specific
6    reference to the factors used in reaching its decision, to
7    the mayor of the municipality, the Governor, and the
8    voters of the territory. Subsequent decisions by the
9    governing commission to retain or terminate the services
10    of a provider shall be based upon the provider's success
11    in achieving its stated goals, especially with regards to
12    servicing the maximum number of residents of the territory
13    identified as needing senior and youth services in the
14    initial needs assessment and subsequent updates to it.
15        (6) To disburse the funds collected annually from tax
16    revenue in such a way that no less than 85% of those funds
17    are expended on direct senior and youth services provided
18    by qualified professionals or by persons supervised by
19    those professionals.
20        (7) To establish criteria and standards necessary for
21    hiring the senior and youth services professionals to be
22    employed to provide the services of the Program.
23        (8) To identify the senior and youth services needs
24    within the Program territory and determine the programs
25    for meeting those needs annually.
26        (9) To obtain errors and omissions insurance for all



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1    commissioners in an amount of no less than $1,000,000.
2        (10) To perform such other functions in connection
3    with the Program and the expanded senior and youth
4    services fund as required under this Act.
5    Section 25. Expanded senior and youth services fund;
6annual tax; budget.
7    (a) The governing commission shall maintain an expanded
8senior and youth services fund for the purposes of paying the
9costs of administering the Program and carrying out its duties
10under this Act, subject to the limitations and procedures set
11forth in this Act.
12    (b) The expanded senior and youth services fund shall be
13raised by means of an annual tax levied on each property within
14the territory of the Program. The rate of this tax may be
15changed from year to year by majority vote of the governing
16commission, but in no case shall it exceed the ceiling rate
17established by the voters in the territory of the Program in
18the referendum to approve the creation of the Program. The
19ceiling rate must be set within the range of .025% to .044% of
20the equalized assessed valuation of all properties in the
21territory of the Program. A higher ceiling rate for a
22territory may be established within that range only by the
23voters in a referendum from time to time to be held in a manner
24as set forth in this Act. The commissioners shall cause the
25amount to be raised by taxation in each year to be certified to



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1the county clerk in the manner provided by law, and any tax so
2levied and certified shall be collected and enforced in the
3same manner and by the same officers as those taxes for the
4purposes of the county and city within which the territory of
5the governing commission is located. Any such tax, when
6collected, shall be paid over to the proper officer of the
7governing commission who is authorized to receive and receipt
8for such tax and deposit same into the expanded senior and
9youth services fund. The governing commission may issue tax
10anticipation warrants against the taxes to be assessed for a
11calendar year.
12    (c) The moneys deposited in the expanded senior and youth
13services fund shall, as nearly as practicable, be fully and
14continuously invested or reinvested by the governing
15commission in investment obligations which shall be in such
16amounts, and shall mature at such times, that the maturity or
17date of redemption at the option of the holder of such
18investment obligations shall coincide, as nearly as
19practicable, with the times at which monies will be required
20for the purposes of the Program. For the purposes of this
21Section, "investment obligation" means direct general
22municipal, State, or federal obligations which at the time are
23legal investments under the laws of this State and the payment
24of principal of and interest on which are unconditionally
25guaranteed by the governing body issuing them.
26    (d) The fund shall be used solely and exclusively for the



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1purpose of providing expanded senior and youth services and no
2more than 15% of the annual levy may be used for reasonable
3salaries, expenses, bills, and fees incurred in administering
4the Program.
5    (e) The fund shall be maintained, invested, and expended
6exclusively by the governing commission of the Program for
7whose purposes it was created. Under no circumstances shall
8the fund be used by any person or persons, governmental body,
9or public or private agency or concern other than the
10governing commission of the Program for whose purposes it was
11created. Under no circumstances shall the fund be commingled
12with other funds or investments.
13    (f) No commissioner or family member of a commissioner, or
14employee or family member of an employee, may receive any
15financial benefit, either directly or indirectly, from the
16fund. Nothing in this subsection shall be construed to
17prohibit payment of expenses to a commissioner in accordance
18with subsection (g) of Section 15.
19    (g) Annually, the governing commission shall prepare for
20informational purposes in the appropriations process: (1) an
21annual budget showing the estimated receipts and intended
22disbursements pursuant to this Act for the fiscal year
23immediately following the date the budget is submitted, which
24date must be at least 30 days prior to the start of the fiscal
25year; and (2) an independent financial audit of the fund and
26the management of the Program detailing the income received



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1and disbursements made pursuant to this Act during the fiscal
2year just preceding the date the annual report is submitted,
3which date must be within 90 days of the close of that fiscal
4year. These reports shall be made available to the public
5through any office of the governing commission or a public
6facility, such as a local public library located within the
7territory of the Program. In addition, and in an effort to
8increase transparency of public programming, the governing
9commission shall create and operate a publicly accessible
10website, which shall publish results of all audits for a
11period of no less than 6 months after the initial disclosure of
12the results and findings of each audit.
13    Section 30. Termination of a Program. A Program may be
14terminated only by the submission of and approval of the issue
15in the form of a public question before the voters of the
16territory of the Program at a regularly scheduled election in
17the same manner as the question of the creation of the Program,
18as set forth in Section 15 of this Act. If a majority of the
19voters voting upon the question approve the termination of the
20Program, as certified by the proper election authorities, the
21Program shall conclude its business and cease operations
22within one year of the date on which the election containing
23the public question was held.
24    Section 35. Immunity and indemnification. No commissioner,



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1officer, or employee, whether on salary, wage, or voluntary
2basis, shall be personally liable and no cause of action may be
3brought for damages resulting from the exercise of judgment or
4discretion in connection with the performance of Program
5duties or responsibilities, unless the act or omission
6involved willful or wanton conduct.
7    A Program shall indemnify each commissioner, officer, and
8employee, whether on salary, wage, or voluntary basis against
9any and all losses, damages, judgments, interest, settlements,
10fines, court costs and other reasonable costs and expenses of
11legal proceedings including attorney fees, and any other
12liabilities incurred by, imposed upon, or suffered by such
13individual in connection with or resulting from any claim,
14action, suit, or proceeding, actual or threatened, arising out
15of or in connection with the performance of Program duties.
16Any settlement of any claim must be made with prior approval of
17the governing commission in order for indemnification, as
18provided in this Section, to be available.
19    The immunity and indemnification provided by a Program
20under this Section shall not cover any acts or omissions which
21involve willful or wanton conduct, breach of good faith,
22intentional misconduct, knowing violation of the law, or for
23any transaction from which such individual derives an improper
24personal benefit.
25    Section 40. Legal actions. No lawsuit or any other type of



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1legal action brought under the terms of this Act shall be
2sustainable in circuit court unless all conditions,
3stipulations, and provisions of the Program have been complied
4with and unless the suit is brought within 12 months after the
5event which is the subject of the legal action.
6    Section 45. Penalty. Any person violating the provisions
7of this Act or any procedure, rule, or bylaw of a governing
8commission and Program created under this Act shall, in
9addition to all other remedies provided by law, be guilty of a
10petty offense and shall be fined not more than $1,000 for each
12    Section 50. Home rule. The authority or duty to establish
13or prohibit the establishment of Expanded Senior and Youth
14Services Programs in any municipality with more than 1,000,000
15inhabitants, including home rule units, and the determination
16of the terms of such Programs are declared to be exclusive
17powers and functions of the State which may not be exercised
18concurrently by any such municipality. No municipality with
19more than 1,000,000 inhabitants, including home rule units,
20shall establish or maintain an Expanded Senior and Youth
21Services Program other than as provided in this Act, and any
22such municipality shall affirmatively establish and maintain
23an Expanded Senior and Youth Services Program when required to
24do so pursuant to this Act. This Section is a denial and



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1limitation of home rule powers and functions under subsection
2(h) of Section 6 of Article VII of the Illinois Constitution.