Illinois General Assembly - Full Text of SB0150
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Full Text of SB0150  96th General Assembly


State Government Administration Committee

Filed: 11/16/2010





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2    AMENDMENT NO. ______. Amend Senate Bill 150 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Community Expanded Mental Health Services Act.
6    Section 5. Purpose. The purpose of an Expanded Mental
7Health Services Program and Governing Commission created under
8the provisions of this Act by the voters of a territory within
9a municipality with a population of more than 1,000,000 shall
10be to expand the availability of mental health services to an
11additional population of mentally ill residents, in keeping
12with the model of community-based mental health care instituted
13by the 1963 federal Community Mental Health Centers Act. The
14Program is intended to expand and extend mental health services
15to mentally ill residents who need the assistance of their
16communities in overcoming or coping with mental or emotional



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1disorders, with a special focus on early intervention and
2prevention of such disorders. The Expanded Mental Health
3Services Program may also assist the severely mentally ill, but
4shall not replace existing services currently mandated by law
5for the severely mentally ill.
6    Section 10. Definitions. As used in this Act:
7    "Clinical psychologist" means a psychologist who is
8licensed by the Illinois Department of Financial and
9Professional Regulation and who: (i) has a doctoral degree from
10a regionally accredited university, college, or professional
11school, and has 2 years of supervised experience in health
12services of which at least one year is postdoctoral and one
13year is in an organized health service program; or (ii) has a
14graduate degree in psychology from a regionally accredited
15university or college, and has not less than 6 years of
16experience as a psychologist with at least 2 years of
17supervised experience in health services.
18    "Clinical social worker" means a person who is licensed as
19a clinical social worker by the Illinois Department of
20Financial and Professional Regulation and who: (i) has a
21master's or doctoral degree in social work from an accredited
22graduate school of social work; and (ii) has at least 2 years
23of supervised post-master's clinical social work practice
24which shall include the provision of mental health services for
25the evaluation, treatment and prevention of mental and



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1emotional disorders.
2    "Community organization" means a not for profit
3organization which has been registered with this State for at
4least 5 years as a not for profit organization, which qualifies
5for tax exempt status under Section 501(c)(3) of the United
6States Internal Revenue Code of 1986, as now or hereafter
7amended, which continuously maintains an office or business
8location within the territory of an Expanded Mental Health
9Services Program together with a current listed telephone
10number, or a majority of whose members reside within the
11territory of an Expanded Mental Health Services Program.
12    "Eligible person" means any person living within a
13described territory who suffers from, or is at risk of
14suffering from, a mental illness and such a person's immediate
15family (including a spouse, child, and parent). Each eligible
16person may receive described services within a territory, and
17those services shall be free of charge after the person has
18exhausted all available payment subsidies, including but not
19limited to Medicare, Medicaid, and private insurance.
20    "Governing Commission" means the governing body of an
21Expanded Mental Health Services Program created under this Act.
22    "Mental illness" means a mental or emotional disorder that
23substantially impairs a person's thought, perception of
24reality, emotional process, judgment, behavior, or ability to
25cope with the ordinary demands of life, but does not include a
26developmental disability, dementia, or Alzheimer's disease



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1absent psychosis, or an abnormality manifested only by repeated
2criminal or otherwise antisocial conduct.
3    "Mental health professionals" include clinical social
4workers, clinical psychologists, and psychiatrists as defined
5by this Act.
6    "Program" means the Expanded Mental Health Services
7Program governed by a specific Governing Commission.
8    "Program guidelines" means those policies, rules,
9regulations, and bylaws established from time to time by the
10Governing Commission to explain, clarify, or modify the Program
11in order to fulfill its goals and objectives.
12    "Psychiatrist" means a physician who has successfully
13completed a residency program in psychiatry accredited by
14either the Accreditation Council for Graduate Medical
15Education or the American Osteopathic Association.
16    "Severe mental illness" means the manifestation of all of
17the following characteristics: (i) a primary diagnosis of one
18of the major mental disorders in the current edition of the
19Diagnostic and Statistical Manual of Mental Disorders listed as
20follows: schizophrenia disorder; delusional disorder;
21schizo-affective disorder; bipolar affective disorder;
22atypical psychosis; major depression, recurrent; (ii)
23substantial impairment of functioning in at least 2 of the
24following areas: self-maintenance, social functioning,
25activities of community living, and work skills; and (iii)
26presence or expected presence of the disability for at least



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1one year.
2    A determination of severe mental illness shall be based
3upon a comprehensive, documented assessment with an evaluation
4by a licensed clinical psychologist or psychiatrist, and shall
5not be based solely on behaviors relating to environmental,
6cultural or economic differences.
7    "Territory" means a geographically contiguous area with a
8population of 75,000 to 250,000 based on the most recent
9decennial census.
10    "Treatment" means an effort to accomplish an improvement in
11the mental condition or related behavior of a recipient.
12"Treatment" includes, but is not limited to, examination,
13diagnosis, evaluation, care, training, psychotherapy,
14pharmaceuticals, outpatient services, and other services
15provided for recipients by mental health facilities.
16    Section 15. Creation of Expanded Mental Health Services
17Program and Governing Commission.
18    (a) Whenever in a municipality with more than 1,000,000
19inhabitants, the question of creating an Expanded Mental Health
20Services Program within a contiguous territory included
21entirely within the municipality is initiated by resolution or
22ordinance of the corporate authorities of the municipality or
23by a petition signed by not less than 8% of the total votes
24cast for candidates for Governor in the preceding gubernatorial
25election by registered voters of the territory, the registered



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1voters of which are eligible to sign the petition, it shall be
2the duty of the election authority having jurisdiction over
3such municipality to submit the question of creating an
4Expanded Mental Health Services Program to the electors of the
5territory at the regular election specified in the resolution,
6ordinance, or petition initiating the question. A petition
7initiating a question described in this Section shall be filed
8with the election authority having jurisdiction over the
9municipality. The petition shall be filed and objections
10thereto shall be made in the manner provided in the general
11election law. A resolution, ordinance, or petition initiating a
12question described in this Section shall specify the election
13at which the question is to be submitted. The referendum on
14such question shall be held in accordance with general election
15law. Such question, and the resolution, ordinance, or petition
16initiating the question, shall include a description of the
17territory, the name of the proposed Expanded Mental Health
18Services Program, and the maximum rate at which the Expanded
19Mental Health Services Program shall be able to levy a property
20tax. The question shall be in substantially the following form:
21    Shall there be established, to serve the territory commonly
22described on this ballot or notice of this question, a ........
23(fill in community name) Expanded Mental Health Services
24Program, to provide direct free mental health services for any
25resident of the territory who needs assistance in overcoming or
26coping with mental or emotional disorders, where such program



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1will be funded through an increase of not more than ..... (fill
2in tax rate from .004 to .007) of the real estate property tax
3bill of all parcels within the boundaries of the territory (for
4example, $..... (fill in tax rate figure) for every $1,000 of
5taxes you currently pay)?
6    All of that area within the geographic boundaries of the
7territory described in such question shall be included in the
8Program, and no area outside the geographic boundaries of the
9territory described in such question shall be included in the
10Program. If the election authority determines that the
11description cannot be included within the space limitations of
12the ballot, the election authority shall prepare large printed
13copies of a notice of the question, which shall be prominently
14displayed in the polling place of each precinct in which the
15question is to be submitted.
16    (b) To ensure this matter is presented to voters on the
17February 22, 2011 election ballot as a binding referendum in
18the North River area that previously voted on a comparable
19question in the form of an advisory referendum during the
20November 2008 election, the Chicago Board of Elections is
21directed to place the question of an Expanded Mental Health
22Services Program on the February 22, 2011 ballot (referenced to
23a North River Expanded Mental Health Services Program, a tax
24rate of .004, and $4 for every $1,000 of taxes) in all
25precincts contained, in whole or in part, within the
26geographical region with the following boundary lines: Addison



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1Avenue (south), Chicago River and North Shore Channel (east),
2Devon Avenue (north), and Cicero Avenue (west), as well as
3those precincts contained, in whole or in part, within the
4geographical region with the following boundary lines: Belmont
5Avenue (south), Pulaski Avenue (east), Addison Avenue (north),
6and Kilbourn Avenue (west). Precise boundaries and precincts
7shall be taken from the November 2008 advisory referendum
9    (c) Whenever a majority of the voters on such public
10question approve the creation of an Expanded Mental Health
11Services Program as certified by the proper election
12authorities, within 90 days of the passage of the referendum
13the Governor shall appoint 5 members and the Mayor of the
14municipality shall appoint 4 members, to be known as
15commissioners, to serve as the governing body of the Expanded
16Mental Health Services Program.
17    (d) Of the 5 commissioners appointed by the Governor, the
18Governor shall choose 4 commissioners from a list of nominees
19supplied by a community organization or community
20organizations as defined in this Act; these 4 commissioners
21shall reside in the territory of the Program. Of the
22commissioners appointed by the Governor, one shall be a mental
23health professional and one shall be a mental health consumer
24residing in the territory of the Program.
25    (e) Of the 4 commissioners appointed by the Mayor of the
26municipality, the Mayor shall choose 3 commissioners from a



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1list of nominees supplied by a community organization or
2community organizations as defined in this Act; these 3
3commissioners shall reside in the territory of the Program. Of
4the commissioners appointed by the Mayor, one shall be a mental
5health professional and one shall be a mental health consumer
6residing in the territory of the Program.
7    (f) A community organization may recommend up to 10
8individuals to the Governor and up to 10 individuals to the
9Mayor to serve on the Governing Commission.
10    (g) No fewer than 7 commissioners serving at one time shall
11reside within the territory of the Program.
12    (h) Upon creation of a Governing Commission, the terms of
13the initial commissioners shall be as follows: (i) of the
14Governor's initial appointments, 2 shall be for 3 years, one
15for 2 years, and 2 for one year; and (ii) of the Mayor's
16initial appointments, one shall be for 3 years, 2 for 2 years,
17and one for one year. All succeeding terms shall be for 3
18years, or until a successor is appointed and qualified.
19Commissioners shall serve without compensation except for
20reimbursement for reasonable expenses incurred in the
21performance of duties as a commissioner. A vacancy in the
22office of a member of a Governing Commission shall be filled in
23like manner as an original appointment.
24    (i) Any member of the Governing Commission may be removed
25by a majority vote of all other commissioners for absenteeism,
26neglect of duty, misconduct or malfeasance in the office, after



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



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



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1organization, the Governing Commission shall provide a written
2report of its decision, with specific reference to the factors
3used in reaching its decision, to the Mayor of the
4municipality, the Governor, and the voters of the territory.
5Subsequent decisions by the Governing Commission to retain or
6terminate the services of a provider shall be based upon the
7provider's success in achieving its stated goals, especially
8with regards to servicing the maximum number of residents of
9the territory identified as needing mental health services in
10the initial needs assessment and subsequent updates to it.
11    (6) To disburse the funds collected annually from tax
12revenue in such a way that no less that 85% of those funds are
13expended on direct mental and emotional health services
14provided by licensed mental health professionals or by mental
15health interns or persons with a bachelor's degree in social
16work supervised by those professionals.
17    (7) To establish criteria and standards necessary for
18hiring the licensed mental health professionals to be employed
19to provide the direct services of the Program.
20    (8) To identify the mental and emotional health needs
21within the Program territory and determine the programs for
22meeting those needs annually as well as the eligible persons
23whom the Program may serve.
24    (9) To obtain errors and omissions insurance for all
25commissioners in an amount of no less than $1,000,000.
26    (10) To perform such other functions in connection with the



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1Program and the expanded mental health services fund as
2required under this Act.
3    Section 25. Expanded mental health services fund.
4    (a) The Governing Commission shall maintain the expanded
5mental health services fund for the purposes of paying the
6costs of administering the Program and carrying out its duties
7under this Act, subject to the limitations and procedures set
8forth in this Act.
9    (b) The expanded mental health services fund shall be
10raised by means of an annual tax levied on each property within
11the territory of the Program. The rate of this tax may be
12changed from year to year by majority vote of the Governing
13Commission but in no case shall it exceed the ceiling rate
14established by the voters in the territory of the Program in
15the binding referendum to approve the creation of the Expanded
16Mental Health Services Program. The ceiling rate must be set
17within the range of .004 to .007 on each property in the
18territory of the Program. A higher ceiling rate for a territory
19may be established within that range only by the voters in a
20binding referendum from time to time to be held in a manner as
21set forth in this legislation. The commissioners shall cause
22the amount to be raised by taxation in each year to be
23certified to the county clerk in the manner provided by law,
24and any tax so levied and certified shall be collected and
25enforced in the same manner and by the same officers as those



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1taxes for the purposes of the county and city within which the
2territory of the Governing Commission is located. Any such tax,
3when collected, shall be paid over to the proper officer of the
4Governing Commission who is authorized to receive and receipt
5for such tax. The Governing Commission may issue tax
6anticipation warrants against the taxes to be assessed for a
7calendar year.
8    (c) The moneys deposited in the expanded mental health
9services fund shall, as nearly as practicable, be fully and
10continuously invested or reinvested by the Governing
11Commission in investment obligations which shall be in such
12amounts, and shall mature at such times, that the maturity or
13date of redemption at the option of the holder of such
14investment obligations shall coincide, as nearly as
15practicable, with the times at which monies will be required
16for the purposes of the Program. For the purposes of this
17Section, "investment obligation" means direct general
18municipal, state, or federal obligations which at the time are
19legal investments under the laws of this State and the payment
20of principal of and interest on which are unconditionally
21guaranteed by the governing body issuing them.
22     (d) The fund shall be used solely and exclusively for the
23purpose of providing expanded mental health services and no
24more that 15% of the annual levy may be used for reasonable
25salaries, expenses, bills, and fees incurred in administering
26the Program.



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1    (e) The fund shall be maintained, invested, and expended
2exclusively by the Governing Commission of the Program for
3whose purposes it was created. Under no circumstances shall the
4fund be used by any person or persons, governmental body, or
5public or private agency or concern other than the Governing
6Commission of the Program for whose purposes it was created.
7Under no circumstances shall the fund be commingled with other
8funds or investments.
9    (f) No commissioner or family member of a commissioner, or
10employee or family member of an employee, may receive any
11financial benefit, either directly or indirectly, from the
12fund. Nothing in this subsection shall be construed to prohibit
13payment of expenses to a commissioner in accordance with
14subsection (h) of Section 15.
15    (g) Annually, the Governing Commission shall prepare for
16informational purposes in the appropriations process: (1) an
17annual budget showing the estimated receipts and intended
18disbursements pursuant to this Act for the fiscal year
19immediately following the date the budget is submitted, which
20date must be at least 30 days prior to the start of the fiscal
21year; and (2) an independent financial audit of the fund and
22the management of the Program detailing the income received and
23disbursements made pursuant to this Act during the fiscal year
24just preceding the date the annual report is submitted, which
25date must be within 90 days of the close of that fiscal year.
26These reports shall be made available to the public through any



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1office of the Governing Commission or a public facility such as
2a local public library located within the territory of the
3Program. In addition, and in an effort to increase transparency
4of public programming, the Governing Commission shall
5effectively create and operate a publicly accessible website,
6which shall publish results of all audits for a period of no
7less than six months after the initial disclosure of the
8results and findings of each audit.
9    Section 30. Termination of a Program. An Expanded Mental
10Health Services Program may be terminated only by the
11submission of and approval of the issue in the form of a public
12question before the voters of the territory of the Program at a
13regularly scheduled election in the same manner as the question
14of the creation of the Program, as set forth in Section 15 of
15this Act. If a majority of the voters voting upon the question
16approve the termination of the Expanded Mental Health Services
17Program, as certified by the proper election authorities, the
18Program shall conclude its business and cease operations within
19one year of the date on which the election containing the
20public question was held.
21    Section 35. Immunity and indemnification. No commissioner,
22officer, or employee, whether on salary, wage, or voluntary
23basis, shall be personally liable and no cause of action may be
24brought for damages resulting from the exercise of judgment or



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1discretion in connection with the performance of Program duties
2or responsibilities, unless the act or omission involved
3willful or wanton conduct.
4    A Program shall indemnify each commissioner, officer, and
5employee, except for the mental health professionals who will
6be expected to maintain malpractice insurance appropriate to
7their professional positions, whether on salary, wage, or
8voluntary basis against any and all losses, damages, judgments,
9interest, settlements, fines, court costs and other reasonable
10costs and expenses of legal proceedings including attorney
11fees, and any other liabilities incurred by, imposed upon, or
12suffered by such individual in connection with or resulting
13from any claim, action, suit, or proceeding, actual or
14threatened, arising out of or in connection with the
15performance of Program duties. Any settlement of any claim must
16be made with prior approval of the Governing Commission in
17order for indemnification, as provided in this Section, to be
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 a court of law or equity 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 of
7this Act or any procedure, regulation, or bylaw of a Governing
8Commission and Program created under the provisions of this Act
9shall, in addition to all other remedies provided by law, be
10guilty of a petty offense and shall be fined not more than
11$1,000 for each offense.
12    Section 50. Home rule. The authority or duty to establish
13or prohibit the establishment of Expanded Mental Health
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 Mental Health Services
21Program other than as provided in this Act, and any such
22municipality shall affirmatively establish and maintain an
23Expanded Mental Health Services Program when required to do so
24pursuant to this Act. This Section is a denial and limitation



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1of home rule powers and functions under subsection (h) of
2Section 6 of Article VII of the Illinois Constitution.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".