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


State Government Administration Committee

Filed: 11/30/2010





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



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



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



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



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



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



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1coping with mental or emotional disorders, where such program
2will be funded through an increase of not more than ..... (fill
3in tax rate from .004 to .007) of the real estate property tax
4bill of all parcels within the boundaries of the territory (for
5example, $..... (fill in tax rate figure) for every $1,000 of
6taxes you currently pay)?
7    All of that area within the geographic boundaries of the
8territory described in such question shall be included in the
9Program, and no area outside the geographic boundaries of the
10territory described in such question shall be included in the
11Program. If the election authority determines that the
12description cannot be included within the space limitations of
13the ballot, the election authority shall prepare large printed
14copies of a notice of the question, which shall be prominently
15displayed in the polling place of each precinct in which the
16question is to be submitted.
17    (b) Whenever a majority of the voters on such public
18question approve the creation of an Expanded Mental Health
19Services Program as certified by the proper election
20authorities, within 90 days of the passage of the referendum
21the Governor shall appoint 5 members and the Mayor of the
22municipality shall appoint 4 members, to be known as
23commissioners, to serve as the governing body of the Expanded
24Mental Health Services Program.
25    (c) Of the 5 commissioners appointed by the Governor, the
26Governor shall choose 4 commissioners from a list of nominees



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1supplied by a community organization or community
2organizations as defined in this Act; these 4 commissioners
3shall reside in the territory of the Program. Of the
4commissioners appointed by the Governor, one shall be a mental
5health professional and one shall be a mental health consumer
6residing in the territory of the Program.
7    (d) Of the 4 commissioners appointed by the Mayor of the
8municipality, the Mayor shall choose 3 commissioners from a
9list of nominees supplied by a community organization or
10community organizations as defined in this Act; these 3
11commissioners shall reside in the territory of the Program. Of
12the commissioners appointed by the Mayor, one shall be a mental
13health professional and one shall be a mental health consumer
14residing in the territory of the Program.
15    (e) A community organization may recommend up to 10
16individuals to the Governor and up to 10 individuals to the
17Mayor to serve on the Governing Commission.
18    (f) No fewer than 7 commissioners serving at one time shall
19reside within the territory of the Program.
20    (g) Upon creation of a Governing Commission, the terms of
21the initial commissioners shall be as follows: (i) of the
22Governor's initial appointments, 2 shall be for 3 years, one
23for 2 years, and 2 for one year; and (ii) of the Mayor's
24initial appointments, one shall be for 3 years, 2 for 2 years,
25and one for one year. All succeeding terms shall be for 3
26years, or until a successor is appointed and qualified.



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1Commissioners shall serve without compensation except for
2reimbursement for reasonable expenses incurred in the
3performance of duties as a commissioner. A vacancy in the
4office of a member of a Governing Commission shall be filled in
5like manner as an original appointment.
6    (h) Any member of the Governing Commission may be removed
7by a majority vote of all other commissioners for absenteeism,
8neglect of duty, misconduct or malfeasance in the office, after
9being given a written statement of the charges and an
10opportunity to be heard thereon.
11    (i) All proceedings and meetings of the Governing
12Commission shall be conducted in accordance with the provisions
13of the Open Meetings Act.
14    Section 20. Duties and functions of Governing Commission.
15The duties and functions of the Governing Commission of an
16Expanded Mental Health Services Program shall include the
18    (1) To, immediately after appointment, meet and organize,
19by the election of one of its number as president and one as
20secretary and such other officers as it may deem necessary. It
21shall establish policies, rules, regulations, bylaws, and
22procedures for both the Governing Commission and the Program
23concerning the rendition or operation of services and
24facilities which it directs, supervises, or funds, not
25inconsistent with the provisions of this Act. No policies,



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1rules, regulations, or bylaws shall be adopted by the Governing
2Commission without prior notice to the residents of the
3territory of a Program and an opportunity for such residents to
4be heard.
5    (2) To hold meetings at least quarterly, and to hold
6special meetings upon a written request signed by at least 2
7commissioners and filed with the secretary of the Governing
9    (3) To provide annual status reports on the Program to the
10Governor, the Mayor of the municipality, and the voters of the
11territory within 120 days after the end of the fiscal year,
12such report to show the condition of the expanded mental health
13services fund for that year, the sums of money received from
14all sources, how all monies have been expended and for what
15purposes, how the Program has conformed with the mental health
16needs assessment conducted in the territory, and such other
17statistics and Program information in regard to the work of the
18Governing Commission as it may deem of general interest.
19    (4) To manage, administer, and invest the financial
20resources contained in the expanded mental health services
22    (5) To employ necessary personnel, acquire necessary
23office space, enter into contractual relationships, and
24disburse funds in accordance with the provisions of this Act.
25In this regard, to the extent the Governing Commission chooses
26to retain the services of another public or private agency with



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1respect to the provision of expanded mental health services
2under this Act, such selection shall be based upon receipt of a
3comprehensive plan addressing the following factors: the
4conducting of a thorough mental health needs assessment for the
5territory; the development of specific mental health programs
6and services tailored to this assessment; and the percentage of
7the proposed budget devoted to responding to these demonstrated
8needs. Within 14 days of the selection of any individual or
9organization, the Governing Commission shall provide a written
10report of its decision, with specific reference to the factors
11used in reaching its decision, to the Mayor of the
12municipality, the Governor, and the voters of the territory.
13Subsequent decisions by the Governing Commission to retain or
14terminate the services of a provider shall be based upon the
15provider's success in achieving its stated goals, especially
16with regards to servicing the maximum number of residents of
17the territory identified as needing mental health services in
18the initial needs assessment and subsequent updates to it.
19    (6) To disburse the funds collected annually from tax
20revenue in such a way that no less that 85% of those funds are
21expended on direct mental and emotional health services
22provided by licensed mental health professionals or by mental
23health interns or persons with a bachelor's degree in social
24work supervised by those professionals.
25    (7) To establish criteria and standards necessary for
26hiring the licensed mental health professionals to be employed



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1to provide the direct services of the Program.
2    (8) To identify the mental and emotional health needs
3within the Program territory and determine the programs for
4meeting those needs annually as well as the eligible persons
5whom the Program may serve.
6    (9) To obtain errors and omissions insurance for all
7commissioners in an amount of no less than $1,000,000.
8    (10) To perform such other functions in connection with the
9Program and the expanded mental health services fund as
10required under this Act.
11    Section 25. Expanded mental health services fund.
12    (a) The Governing Commission shall maintain the expanded
13mental health services fund for the purposes of paying the
14costs of administering the Program and carrying out its duties
15under this Act, subject to the limitations and procedures set
16forth in this Act.
17    (b) The expanded mental health services fund shall be
18raised by means of an annual tax levied on each property within
19the territory of the Program. The rate of this tax may be
20changed from year to year by majority vote of the Governing
21Commission but in no case shall it exceed the ceiling rate
22established by the voters in the territory of the Program in
23the binding referendum to approve the creation of the Expanded
24Mental Health Services Program. The ceiling rate must be set
25within the range of .004 to .007 on each property in the



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1territory of the Program. A higher ceiling rate for a territory
2may be established within that range only by the voters in a
3binding referendum from time to time to be held in a manner as
4set forth in this legislation. The commissioners shall cause
5the amount to be raised by taxation in each year to be
6certified to the county clerk in the manner provided by law,
7and any tax so levied and certified shall be collected and
8enforced in the same manner and by the same officers as those
9taxes for the purposes of the county and city within which the
10territory of the Governing Commission is located. Any such tax,
11when collected, shall be paid over to the proper officer of the
12Governing Commission who is authorized to receive and receipt
13for such tax. The Governing Commission may issue tax
14anticipation warrants against the taxes to be assessed for a
15calendar year.
16    (c) The moneys deposited in the expanded mental health
17services fund shall, as nearly as practicable, be fully and
18continuously invested or reinvested by the Governing
19Commission in investment obligations which shall be in such
20amounts, and shall mature at such times, that the maturity or
21date of redemption at the option of the holder of such
22investment obligations shall coincide, as nearly as
23practicable, with the times at which monies will be required
24for the purposes of the Program. For the purposes of this
25Section, "investment obligation" means direct general
26municipal, state, or federal obligations which at the time are



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1legal investments under the laws of this State and the payment
2of principal of and interest on which are unconditionally
3guaranteed by the governing body issuing them.
4     (d) The fund shall be used solely and exclusively for the
5purpose of providing expanded mental health services and no
6more that 15% of the annual levy may be used for reasonable
7salaries, expenses, bills, and fees incurred in administering
8the Program.
9    (e) The fund shall be maintained, invested, and expended
10exclusively by the Governing Commission of the Program for
11whose purposes it was created. Under no circumstances shall the
12fund be used by any person or persons, governmental body, or
13public or private agency or concern other than the Governing
14Commission of the Program for whose purposes it was created.
15Under no circumstances shall the fund be commingled with other
16funds or investments.
17    (f) No commissioner or family member of a commissioner, or
18employee or family member of an employee, may receive any
19financial benefit, either directly or indirectly, from the
20fund. Nothing in this subsection shall be construed to prohibit
21payment of expenses to a commissioner in accordance with
22subsection (g) of Section 15.
23    (g) Annually, the Governing Commission shall prepare for
24informational purposes in the appropriations process: (1) an
25annual budget showing the estimated receipts and intended
26disbursements pursuant to this Act for the fiscal year



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1immediately following the date the budget is submitted, which
2date must be at least 30 days prior to the start of the fiscal
3year; and (2) an independent financial audit of the fund and
4the management of the Program detailing the income received and
5disbursements made pursuant to this Act during the fiscal year
6just preceding the date the annual report is submitted, which
7date must be within 90 days of the close of that fiscal year.
8These reports shall be made available to the public through any
9office of the Governing Commission or a public facility such as
10a local public library located within the territory of the
11Program. In addition, and in an effort to increase transparency
12of public programming, the Governing Commission shall
13effectively create and operate a publicly accessible website,
14which shall publish results of all audits for a period of no
15less than six months after the initial disclosure of the
16results and findings of each audit.
17    Section 30. Termination of a Program. An Expanded Mental
18Health Services Program may be terminated only by the
19submission of and approval of the issue in the form of a public
20question before the voters of the territory of the Program at a
21regularly scheduled election in the same manner as the question
22of the creation of the Program, as set forth in Section 15 of
23this Act. If a majority of the voters voting upon the question
24approve the termination of the Expanded Mental Health Services
25Program, as certified by the proper election authorities, the



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1Program shall conclude its business and cease operations within
2one year of the date on which the election containing the
3public question was held.
4    Section 35. Immunity and indemnification. No commissioner,
5officer, or employee, whether on salary, wage, or voluntary
6basis, shall be personally liable and no cause of action may be
7brought for damages resulting from the exercise of judgment or
8discretion in connection with the performance of Program duties
9or responsibilities, unless the act or omission involved
10willful or wanton conduct.
11    A Program shall indemnify each commissioner, officer, and
12employee, except for the mental health professionals who will
13be expected to maintain malpractice insurance appropriate to
14their professional positions, whether on salary, wage, or
15voluntary basis against any and all losses, damages, judgments,
16interest, settlements, fines, court costs and other reasonable
17costs and expenses of legal proceedings including attorney
18fees, and any other liabilities incurred by, imposed upon, or
19suffered by such individual in connection with or resulting
20from any claim, action, suit, or proceeding, actual or
21threatened, arising out of or in connection with the
22performance of Program duties. Any settlement of any claim must
23be made with prior approval of the Governing Commission in
24order for indemnification, as provided in this Section, to be



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1    The immunity and indemnification provided by a Program
2under this Section shall not cover any acts or omissions which
3involve willful or wanton conduct, breach of good faith,
4intentional misconduct, knowing violation of the law, or for
5any transaction from which such individual derives an improper
6personal benefit.
7    Section 40. Legal actions. No lawsuit or any other type of
8legal action brought under the terms of this Act shall be
9sustainable in a court of law or equity unless all conditions,
10stipulations, and provisions of the Program have been complied
11with, and unless the suit is brought within 12 months after the
12event which is the subject of the legal action.
13    Section 45. Penalty. Any person violating the provisions of
14this Act or any procedure, regulation, or bylaw of a Governing
15Commission and Program created under the provisions of this Act
16shall, in addition to all other remedies provided by law, be
17guilty of a petty offense and shall be fined not more than
18$1,000 for each offense.
19    Section 50. Home rule. The authority or duty to establish
20or prohibit the establishment of Expanded Mental Health
21Services Programs in any municipality with more than 1,000,000
22inhabitants, including home rule units, and the determination
23of the terms of such Programs are declared to be exclusive



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1powers and functions of the State which may not be exercised
2concurrently by any such municipality. No municipality with
3more than 1,000,000 inhabitants, including home rule units,
4shall establish or maintain an Expanded Mental Health Services
5Program other than as provided in this Act, and any such
6municipality shall affirmatively establish and maintain an
7Expanded Mental Health Services Program when required to do so
8pursuant to this Act. This Section is a denial and limitation
9of home rule powers and functions under subsection (h) of
10Section 6 of Article VII of the Illinois Constitution.".