Full Text of HB0475 103rd General Assembly
HB0475enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-1188 as follows: | 6 | | (55 ILCS 5/5-1188 new) | 7 | | Sec. 5-1188. Sangamon County rescue squad. The Sangamon | 8 | | County Board may form, manage, fund, and operate a volunteer | 9 | | rescue squad to provide assistance within Sangamon County to | 10 | | any public entity providing law enforcement, firefighting, | 11 | | emergency disaster response, or first responder services. The | 12 | | volunteer rescue squad may (i) locate missing persons, | 13 | | including drowning victims, (ii) perform a supporting, and not | 14 | | direct, role in fighting fires, and (iii) extricate persons | 15 | | from unsafe conditions. The Sangamon County Board may provide | 16 | | benefits for rescue squad volunteers who suffer disease, | 17 | | injury, or death in the line of duty. | 18 | | Section 10. The Community Mental Health Act is amended by | 19 | | changing Sections 3a, 3b, 3e, and 5 as follows:
| 20 | | (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
| 21 | | Sec. 3a. Every governmental unit authorized to levy an |
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| 1 | | annual tax
under any of the provisions of this Act shall, | 2 | | before it may levy such
tax, establish a 7 member community | 3 | | mental health board who shall
administer this Act. Such board | 4 | | shall be appointed by the chairman of
the governing body of a | 5 | | county, the mayor of a city, the president of a
village, the | 6 | | president of an incorporated town, or the supervisor of a
| 7 | | township, as the case may be, with the advice and consent of | 8 | | the
governing body of such county, city, village, incorporated | 9 | | town or the
town board of trustees of any township. Members of | 10 | | the community mental
health board shall be residents of the | 11 | | government unit and, as nearly as
possible, be representative | 12 | | of interested groups of the community such
as local health | 13 | | departments, medical societies, local comprehensive
health | 14 | | planning agencies, hospital boards, lay associations concerned
| 15 | | with mental health, developmental disabilities and substance | 16 | | abuse, as well as
the general public. Only one member shall be | 17 | | a member of the governing body , with the term of membership on | 18 | | the board to run concurrently with the elected term of the | 19 | | member .
The chairman of the governing body may, upon the | 20 | | request of the community
mental health board, appoint 2 | 21 | | additional members to the community mental
health board. No | 22 | | member of the community mental health board may be a
full-time | 23 | | or part-time employee of the Department of Human Services or a | 24 | | board member, employee or any other individual
receiving | 25 | | compensation from any facility or service
operating under | 26 | | contract to the board. If a successful referendum is
held |
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| 1 | | under Section 5 of this Act, all members of such board shall be
| 2 | | appointed within 60 days after the local election authority | 3 | | certifies the passage of the referendum.
| 4 | | Home rule units are exempt from this Act. However, they | 5 | | may, by
ordinance, adopt the provisions of this Act, or any | 6 | | portion thereof,
that they may deem advisable.
| 7 | | The tax rate set forth in Section 4 may be levied by any
| 8 | | non-home rule unit only pursuant to the approval by the voters | 9 | | at a
referendum. Such referendum may have been held at any time | 10 | | subsequent to the
effective date of the Community Mental | 11 | | Health Act.
| 12 | | (Source: P.A. 95-336, eff. 8-21-07.)
| 13 | | (405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
| 14 | | Sec. 3b.
The term of office of each member of the community | 15 | | mental health
board shall be for 4 years, provided, however, | 16 | | that of the members first
appointed, 2 shall be appointed for a | 17 | | term of 2 years, 2 for a term of 3
years and 3 for a term of 4 | 18 | | years. All terms shall be measured from the
first day of the | 19 | | month year of appointment. Vacancies shall be filled for the
| 20 | | unexpired term in the same manner as original appointments.
| 21 | | (Source: Laws 1965, p. 1037.)
| 22 | | (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
| 23 | | Sec. 3e. Board's powers and duties.
| 24 | | (1) Every community mental health board shall, within 30 |
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| 1 | | days after members are first appointed and within 30 days | 2 | | after members are appointed or reappointed upon the expiration | 3 | | of a member's term immediately
after appointment , meet and | 4 | | organize, by the election of one of its
number as president and | 5 | | one as secretary and such other officers as it
may deem | 6 | | necessary. It shall make rules and regulations concerning the
| 7 | | rendition or operation of services and facilities which it | 8 | | directs,
supervises or funds, not inconsistent with the | 9 | | provisions of this Act. It shall:
| 10 | | (a) Hold a meeting prior to July 1 of each year at | 11 | | which officers
shall be elected for the ensuing year | 12 | | beginning July 1;
| 13 | | (b) Hold meetings at least quarterly;
| 14 | | (c) Hold special meetings upon a written request | 15 | | signed by at least
2 members and filed with the secretary;
| 16 | | (d) Review and evaluate community mental health | 17 | | services and
facilities, including services and facilities | 18 | | for the treatment of
alcoholism, drug addiction, | 19 | | developmental disabilities, and intellectual | 20 | | disabilities;
| 21 | | (e) Authorize the disbursement of money from the | 22 | | community mental health fund for payment for the ordinary | 23 | | and contingent expenses of the board;
| 24 | | (f) Submit to the appointing officer and the members | 25 | | of the governing
body a written plan for a program of | 26 | | community mental health services and
facilities for |
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| 1 | | persons with a mental illness, a
developmental
disability, | 2 | | or a substance use disorder. Such plan shall be for the | 3 | | ensuing 12
month period. In addition, a plan shall be | 4 | | developed for the ensuing 3 year
period and such plan | 5 | | shall be reviewed at the end of every 12 month period and
| 6 | | shall be modified as deemed advisable.
| 7 | | (g) Within amounts appropriated therefor, execute such | 8 | | programs and
maintain such services and facilities as may | 9 | | be authorized under such
appropriations, including amounts | 10 | | appropriated under bond issues, if any;
| 11 | | (h)
Publish the annual budget and report
within 120
| 12 | | days after the end of the fiscal year in a newspaper | 13 | | distributed
within the jurisdiction of the board, or, if | 14 | | no newspaper is published
within the jurisdiction of the | 15 | | board, then one published in the county,
or, if no | 16 | | newspaper is published in the county, then in a newspaper
| 17 | | having general circulation within the jurisdiction of the | 18 | | board. The
report shall show the condition of its trust of | 19 | | that year, the sums of
money received from all sources, | 20 | | giving the name of any donor, how all
monies have been | 21 | | expended and for what purpose, and such other
statistics | 22 | | and program information in regard to the work of the board | 23 | | as
it may deem of general interest. A copy of the budget | 24 | | and the annual
report shall be made available to the | 25 | | Department of Human Services and to members
of the General | 26 | | Assembly whose districts include any part of the
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| 1 | | jurisdiction of such board. The names of all employees, | 2 | | consultants, and
other personnel shall be set forth along | 3 | | with the amounts of money received;
| 4 | | (i) Consult with other appropriate private and public | 5 | | agencies
in
the development of local plans for the most | 6 | | efficient delivery of mental
health, developmental | 7 | | disabilities, and substance use disorder services. The | 8 | | Board is authorized
to join and to participate in the | 9 | | activities of associations organized for
the purpose of | 10 | | promoting more efficient and effective services and | 11 | | programs;
| 12 | | (j)
Have the authority to review and comment on all | 13 | | applications for grants by any person,
corporation, or | 14 | | governmental unit providing services within the
| 15 | | geographical area of the board which provides mental | 16 | | health facilities
and services,
including services for the | 17 | | person with a
mental illness, a
developmental disability, | 18 | | or a substance use disorder. The board may require funding | 19 | | applicants to send a copy of their funding application to | 20 | | the board at the time
such application is submitted to the | 21 | | Department of Human Services or to any other local, State | 22 | | or federal funding source or
governmental agency. Within | 23 | | 60 days of the receipt of any application, the
board shall | 24 | | submit its review and comments to the Department of Human
| 25 | | Services or to any other appropriate local, State
or | 26 | | federal funding source or governmental agency. A copy of |
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| 1 | | the review and
comments shall be submitted to the funding
| 2 | | applicant. Within 60 days thereafter, the Department of
| 3 | | Human Services or any other appropriate
local or State | 4 | | governmental agency shall issue a written response to
the | 5 | | board and the funding applicant. The Department of Human | 6 | | Services shall supply
any community mental health board | 7 | | such information about
purchase-of-care funds, State | 8 | | facility utilization, and costs in its
geographical area | 9 | | as the board may request provided that the information
| 10 | | requested is for the purpose of the Community Mental | 11 | | Health Board
complying with the requirements of Section | 12 | | 3f, subsection (f) of this Act;
| 13 | | (k) Perform such other acts as may be necessary or | 14 | | proper to carry
out the purposes of this Act.
| 15 | | (2) The community mental health board has the following | 16 | | powers:
| 17 | | (a) The board may enter into multiple-year contracts | 18 | | for rendition
or operation of services,
facilities and | 19 | | educational programs.
| 20 | | (b) The board may arrange through intergovernmental | 21 | | agreements or intragovernmental agreements or both for the | 22 | | rendition of services and operation
of
facilities by other | 23 | | agencies or departments of the governmental unit or county | 24 | | in which
the governmental unit is located with the | 25 | | approval of the governing
body.
| 26 | | (c) To employ, establish compensation for, and set |
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| 1 | | policies for its personnel, including legal counsel, as
| 2 | | may be
necessary to carry out the purposes of this Act and | 3 | | prescribe the duties thereof. The
board may enter into | 4 | | multiple-year employment contracts as may be
necessary for | 5 | | the recruitment and retention of personnel and the proper
| 6 | | functioning of the board.
| 7 | | (d) The board may enter into multiple-year joint | 8 | | agreements,
which shall be written, with other
mental | 9 | | health boards and boards of health to provide jointly
| 10 | | agreed upon community mental health facilities and | 11 | | services and to pool
such funds as may be deemed necessary | 12 | | and available for this purpose.
| 13 | | (e) The board may organize a not-for-profit | 14 | | corporation for the purpose of
providing direct recipient | 15 | | services. Such corporations shall have, in addition
to all | 16 | | other lawful powers, the power to contract with persons to | 17 | | furnish
services for recipients of the corporation's | 18 | | facilities, including
psychiatrists and other physicians | 19 | | licensed in this State to practice medicine
in all of its | 20 | | branches. Such physicians shall be considered independent
| 21 | | contractors, and liability for any malpractice shall not | 22 | | extend to such
corporation, nor to the community mental | 23 | | health board, except for gross
negligence in entering into | 24 | | such a contract.
| 25 | | (f) The board shall not operate any direct recipient | 26 | | services for more
than
a 2-year period when such services |
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| 1 | | are being provided in the governmental unit,
but shall | 2 | | encourage, by financial support, the development of | 3 | | private agencies
to deliver such needed services, pursuant | 4 | | to regulations of the board.
| 5 | | (g) Where there are multiple boards within the same | 6 | | planning area, as
established by the Department of Human | 7 | | Services, services
may be purchased through a single | 8 | | delivery system. In such areas, a
coordinating body with | 9 | | representation from each board shall be established to
| 10 | | carry out the service functions of this Act. In the event | 11 | | any such coordinating
body purchases or improves real | 12 | | property, such body shall first obtain the
approval of the | 13 | | governing bodies of the governmental units in which the
| 14 | | coordinating body is located.
| 15 | | (h) The board may enter into multiple-year joint | 16 | | agreements with
other governmental units
located within | 17 | | the geographical area of the board. Such agreements
shall | 18 | | be written and shall provide for the rendition of services | 19 | | by the
board to the residents of such governmental units.
| 20 | | (i) The board may enter into multiple-year joint | 21 | | agreements with federal, State, and local governments, | 22 | | including
the Department of Human Services,
whereby the | 23 | | board will provide certain
services. All such joint | 24 | | agreements must provide for the exchange of
relevant data. | 25 | | However, nothing in this Act shall be construed to permit
| 26 | | the abridgement of the confidentiality of patient records.
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| 1 | | (j) The board may receive gifts from private sources | 2 | | for purposes not
inconsistent
with the provisions of this | 3 | | Act.
| 4 | | (k) The board may receive Federal, State and local | 5 | | funds for purposes
not inconsistent with the provisions of | 6 | | this Act.
| 7 | | (l) The board may establish scholarship programs. Such | 8 | | programs shall
require
equivalent
service or reimbursement | 9 | | pursuant to regulations of the board.
| 10 | | (m) The board may sell, rent, or lease real property | 11 | | for purposes
consistent with this
Act.
| 12 | | (n) The board may: (i) own real property, lease real | 13 | | property as lessee,
or
acquire real property by purchase, | 14 | | construction, lease-purchase agreement, or
otherwise; (ii) | 15 | | take title to the property in the board's name; (iii) | 16 | | borrow
money and issue debt instruments, mortgages, | 17 | | purchase-money mortgages, and
other security instruments | 18 | | with respect to the property; and (iv) maintain,
repair, | 19 | | remodel, or improve the property. All of these activities | 20 | | must be for
purposes consistent with this Act as may be | 21 | | reasonably necessary for the
housing and proper | 22 | | functioning of the board. The board may use moneys in the
| 23 | | Community Mental Health Fund for these purposes.
| 24 | | (o) The board may organize a not-for-profit | 25 | | corporation (i) for the
purpose of raising money to be | 26 | | distributed by the board for providing community
mental |
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| 1 | | health services and facilities for the treatment of | 2 | | alcoholism, drug
addiction, developmental disabilities, | 3 | | and intellectual disabilities or (ii) for
other purposes | 4 | | not inconsistent with this Act. | 5 | | (p) The board may fix a fiscal year for the board. | 6 | | (q) The board has the responsibility to set, maintain, | 7 | | and implement the budget. | 8 | | Every board shall be subject to the requirements under the | 9 | | Freedom of Information Act and the Open Meetings Act.
| 10 | | (Source: P.A. 97-227, eff. 1-1-12.)
| 11 | | (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
| 12 | | Sec. 5. (a) When the governing body of a governmental unit | 13 | | passes a
resolution as provided in Section 4 asking that an | 14 | | annual tax may be
levied for the purpose of providing such | 15 | | mental health facilities and
services, including facilities | 16 | | and services for the person with a
developmental disability or | 17 | | a substance use disorder, in the community and so
instructs | 18 | | the clerk of the governmental unit such clerk shall certify | 19 | | the
proposition to the proper election officials for | 20 | | submission at a regular
election in accordance with the | 21 | | general election law. The proposition shall be
in the | 22 | | following form:
| 23 | | -------------------------------------------------------------
| 24 | | Shall............ (governmental
| 25 | | unit) levy an annual tax of (not YES
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| 1 | | more than .15%) for the purpose of providing
| 2 | | community mental health facilities and ---------------
| 3 | | services including facilities and services
| 4 | | for persons the person with a developmental NO
| 5 | | disability or a substance use disorder?
| 6 | | -------------------------------------------------------------
| 7 | | (a-5) If the governmental unit is also subject to the | 8 | | Property Tax Extension Limitation Law, then the proposition | 9 | | shall also comply with the Property Tax Extension Limitation | 10 | | Law. Notwithstanding any provision of this subsection, any | 11 | | referendum imposing an annual tax on or after January 1, 1994 | 12 | | and prior to May 13, 2022 ( the effective date of Public Act | 13 | | 102-839) this amendatory Act of the 102nd General Assembly | 14 | | that complies with subsection (a) is hereby validated. | 15 | | (b) If a majority of all the votes cast upon the | 16 | | proposition are for the
levy of such tax, the governing
body of | 17 | | such governmental unit shall
thereafter annually levy a tax | 18 | | not to exceed the rate set forth in
Section 4. Thereafter, the | 19 | | governing body shall in the annual
appropriation bill | 20 | | appropriate from such funds such sum or sums of money
as may be | 21 | | deemed necessary by the community mental health board , based | 22 | | upon the community mental health
board's budget, the board's | 23 | | annual mental health report, and the local
mental health plan | 24 | | to defray necessary expenses and liabilities in
providing for | 25 | | such community mental health facilities and services.
| 26 | | (c) If the governing body of a governmental unit levies a |
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| 1 | | tax under Section 4 of this Act and the rate specified in the | 2 | | proposition under subsection (a) of this Section is less than | 3 | | 0.15%, then the governing body of the governmental unit may, | 4 | | upon referendum approval, increase that rate to not more than | 5 | | 0.15%. The governing body shall instruct the clerk of the | 6 | | governmental unit to certify the
proposition to the proper | 7 | | election officials for submission at a regular
election in | 8 | | accordance with the general election law. The proposition | 9 | | shall be
in the following form: | 10 | | "Shall the tax imposed by (governmental unit) for the | 11 | | purpose of providing community mental health facilities | 12 | | and services, including facilities and services for | 13 | | persons with a developmental disability or substance use | 14 | | disorder be increased to (not more than 0.15%)?" | 15 | | If a majority of all the votes cast upon the proposition | 16 | | are for the
increase of the tax, then the governing
body of the | 17 | | governmental unit may
thereafter annually levy a tax not to | 18 | | exceed the rate set forth in the referendum question. | 19 | | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | 20 | | revised 8-25-22.)
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