Public Act 096-1548
Public Act 1548 96TH GENERAL ASSEMBLY
|Public Act 096-1548|
|SB0150 Enrolled||LRB096 04029 RPM 14067 b|
AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Community Expanded Mental Health Services Act.
The purpose of an Expanded Mental
Health Services Program and Governing Commission created under
the provisions of this Act by the voters of a territory within
a municipality with a population of more than 1,000,000 shall
be to expand the availability of mental health services to an
additional population of mentally ill residents, in keeping
with the model of community-based mental health care instituted
by the 1963 federal Community Mental Health Centers Act. The
Program is intended to expand and extend mental health services
to mentally ill residents who need the assistance of their
communities in overcoming or coping with mental or emotional
disorders, with a special focus on early intervention and
prevention of such disorders. The Expanded Mental Health
Services Program may also assist the severely mentally ill, but
shall not replace existing services currently mandated by law
for the severely mentally ill.
As used in this Act:
"Clinical psychologist" means a psychologist who is
licensed by the Illinois Department of Financial and
Professional Regulation and who: (i) has a doctoral degree from
a regionally accredited university, college, or professional
school, and has 2 years of supervised experience in health
services of which at least one year is postdoctoral and one
year is in an organized health service program; or (ii) has a
graduate degree in psychology from a regionally accredited
university or college, and has not less than 6 years of
experience as a psychologist with at least 2 years of
supervised experience in health services.
"Clinical social worker" means a person who is licensed as
a clinical social worker by the Illinois Department of
Financial and Professional Regulation and who: (i) has a
master's or doctoral degree in social work from an accredited
graduate school of social work; and (ii) has at least 2 years
of supervised post-master's clinical social work practice
which shall include the provision of mental health services for
the evaluation, treatment and prevention of mental and
"Community organization" means a not for profit
organization which has been registered with this State for at
least 5 years as a not for profit organization, which qualifies
for tax exempt status under Section 501(c)(3) of the United
States Internal Revenue Code of 1986, as now or hereafter
amended, which continuously maintains an office or business
location within the territory of an Expanded Mental Health
Services Program together with a current listed telephone
number, or a majority of whose members reside within the
territory of an Expanded Mental Health Services Program.
"Eligible person" means any person living within a
described territory who suffers from, or is at risk of
suffering from, a mental illness and such a person's immediate
family (including a spouse, child, and parent). Each eligible
person may receive described services within a territory, and
those services shall be free of charge after the person has
exhausted all available payment subsidies, including but not
limited to Medicare, Medicaid, and private insurance.
"Governing Commission" means the governing body of an
Expanded Mental Health Services Program created under this Act.
"Mental illness" means a mental or emotional disorder that
substantially impairs a person's thought, perception of
reality, emotional process, judgment, behavior, or ability to
cope with the ordinary demands of life, but does not include a
developmental disability, dementia, or Alzheimer's disease
absent psychosis, or an abnormality manifested only by repeated
criminal or otherwise antisocial conduct.
"Mental health professionals" include clinical social
workers, clinical psychologists, and psychiatrists as defined
by this Act.
"Program" means the Expanded Mental Health Services
Program governed by a specific Governing Commission.
"Program guidelines" means those policies, rules,
regulations, and bylaws established from time to time by the
Governing Commission to explain, clarify, or modify the Program
in order to fulfill its goals and objectives.
"Psychiatrist" means a physician who has successfully
completed a residency program in psychiatry accredited by
either the Accreditation Council for Graduate Medical
Education or the American Osteopathic Association.
"Severe mental illness" means the manifestation of all of
the following characteristics: (i) a primary diagnosis of one
of the major mental disorders in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders listed as
follows: schizophrenia disorder; delusional disorder;
schizo-affective disorder; bipolar affective disorder;
atypical psychosis; major depression, recurrent; (ii)
substantial impairment of functioning in at least 2 of the
following areas: self-maintenance, social functioning,
activities of community living, and work skills; and (iii)
presence or expected presence of the disability for at least
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or psychiatrist, and shall
not be based solely on behaviors relating to environmental,
cultural or economic differences.
"Territory" means a geographically contiguous area with a
population of 75,000 to 250,000 based on the most recent
"Treatment" means an effort to accomplish an improvement in
the mental condition or related behavior of a recipient.
"Treatment" includes, but is not limited to, examination,
diagnosis, evaluation, care, training, psychotherapy,
pharmaceuticals, outpatient services, and other services
provided for recipients by mental health facilities.
Creation of Expanded Mental Health Services
Program and Governing Commission.
(a) Whenever in a municipality with more than 1,000,000
inhabitants, the question of creating an Expanded Mental Health
Services Program within a contiguous territory included
entirely within the municipality is initiated by resolution or
ordinance of the corporate authorities of the municipality or
by a petition signed by not less than 8% of the total votes
cast for candidates for Governor in the preceding gubernatorial
election by registered voters of the territory, the registered
voters of which are eligible to sign the petition, it shall be
the duty of the election authority having jurisdiction over
such municipality to submit the question of creating an
Expanded Mental Health Services Program to the electors of the
territory at the regular election specified in the resolution,
ordinance, or petition initiating the question. A petition
initiating a question described in this Section shall be filed
with the election authority having jurisdiction over the
municipality. The petition shall be filed and objections
thereto shall be made in the manner provided in the general
election law. A resolution, ordinance, or petition initiating a
question described in this Section shall specify the election
at which the question is to be submitted. The referendum on
such question shall be held in accordance with general election
law. Such question, and the resolution, ordinance, or petition
initiating the question, shall include a description of the
territory, the name of the proposed Expanded Mental Health
Services Program, and the maximum rate at which the Expanded
Mental Health Services Program shall be able to levy a property
tax. The question shall be in substantially the following form:
Shall there be established, to serve the territory commonly
described on this ballot or notice of this question, a ........
(fill in community name) Expanded Mental Health Services
Program, to provide direct free mental health services for any
resident of the territory who needs assistance in overcoming or
coping with mental or emotional disorders, where such program
will be funded through an increase of not more than ..... (fill
in tax rate from .004 to .007) of the real estate property tax
bill of all parcels within the boundaries of the territory (for
example, $..... (fill in tax rate figure) for every $1,000 of
taxes you currently pay)?
All of that area within the geographic boundaries of the
territory described in such question shall be included in the
Program, and no area outside the geographic boundaries of the
territory described in such question shall be included in the
Program. If the election authority determines that the
description cannot be included within the space limitations of
the ballot, the election authority shall prepare large printed
copies of a notice of the question, which shall be prominently
displayed in the polling place of each precinct in which the
question is to be submitted.
(b) Whenever a majority of the voters on such public
question approve the creation of an Expanded Mental Health
Services Program as certified by the proper election
authorities, within 90 days of the passage of the referendum
the Governor shall appoint 5 members and the Mayor of the
municipality shall appoint 4 members, to be known as
commissioners, to serve as the governing body of the Expanded
Mental Health Services Program.
(c) Of the 5 commissioners appointed by the Governor, the
Governor shall choose 4 commissioners from a list of nominees
supplied by a community organization or community
organizations as defined in this Act; these 4 commissioners
shall reside in the territory of the Program. Of the
commissioners appointed by the Governor, one shall be a mental
health professional and one shall be a mental health consumer
residing in the territory of the Program.
(d) Of the 4 commissioners appointed by the Mayor of the
municipality, the Mayor shall choose 3 commissioners from a
list of nominees supplied by a community organization or
community organizations as defined in this Act; these 3
commissioners shall reside in the territory of the Program. Of
the commissioners appointed by the Mayor, one shall be a mental
health professional and one shall be a mental health consumer
residing in the territory of the Program.
(e) A community organization may recommend up to 10
individuals to the Governor and up to 10 individuals to the
Mayor to serve on the Governing Commission.
(f) No fewer than 7 commissioners serving at one time shall
reside within the territory of the Program.
(g) Upon creation of a Governing Commission, the terms of
the initial commissioners shall be as follows: (i) of the
Governor's initial appointments, 2 shall be for 3 years, one
for 2 years, and 2 for one year; and (ii) of the Mayor's
initial appointments, one shall be for 3 years, 2 for 2 years,
and one for one year. All succeeding terms shall be for 3
years, or until a successor is appointed and qualified.
Commissioners shall serve without compensation except for
reimbursement for reasonable expenses incurred in the
performance of duties as a commissioner. A vacancy in the
office of a member of a Governing Commission shall be filled in
like manner as an original appointment.
(h) Any member of the Governing Commission may be removed
by a majority vote of all other commissioners for absenteeism,
neglect of duty, misconduct or malfeasance in the office, after
being given a written statement of the charges and an
opportunity to be heard thereon.
(i) All proceedings and meetings of the Governing
Commission shall be conducted in accordance with the provisions
of the Open Meetings Act.
Duties and functions of Governing Commission.
The duties and functions of the Governing Commission of an
Expanded Mental Health Services Program shall include the
(1) To, immediately after appointment, meet and organize,
by the election of one of its number as president and one as
secretary and such other officers as it may deem necessary. It
shall establish policies, rules, regulations, bylaws, and
procedures for both the Governing Commission and the Program
concerning the rendition or operation of services and
facilities which it directs, supervises, or funds, not
inconsistent with the provisions of this Act. No policies,
rules, regulations, or bylaws shall be adopted by the Governing
Commission without prior notice to the residents of the
territory of a Program and an opportunity for such residents to
(2) To hold meetings at least quarterly, and to hold
special meetings upon a written request signed by at least 2
commissioners and filed with the secretary of the Governing
(3) To provide annual status reports on the Program to the
Governor, the Mayor of the municipality, and the voters of the
territory within 120 days after the end of the fiscal year,
such report to show the condition of the expanded mental health
services fund for that year, the sums of money received from
all sources, how all monies have been expended and for what
purposes, how the Program has conformed with the mental health
needs assessment conducted in the territory, and such other
statistics and Program information in regard to the work of the
Governing Commission as it may deem of general interest.
(4) To manage, administer, and invest the financial
resources contained in the expanded mental health services
(5) To employ necessary personnel, acquire necessary
office space, enter into contractual relationships, and
disburse funds in accordance with the provisions of this Act.
In this regard, to the extent the Governing Commission chooses
to retain the services of another public or private agency with
respect to the provision of expanded mental health services
under this Act, such selection shall be based upon receipt of a
comprehensive plan addressing the following factors: the
conducting of a thorough mental health needs assessment for the
territory; the development of specific mental health programs
and services tailored to this assessment; and the percentage of
the proposed budget devoted to responding to these demonstrated
needs. Within 14 days of the selection of any individual or
organization, the Governing Commission shall provide a written
report of its decision, with specific reference to the factors
used in reaching its decision, to the Mayor of the
municipality, the Governor, and the voters of the territory.
Subsequent decisions by the Governing Commission to retain or
terminate the services of a provider shall be based upon the
provider's success in achieving its stated goals, especially
with regards to servicing the maximum number of residents of
the territory identified as needing mental health services in
the initial needs assessment and subsequent updates to it.
(6) To disburse the funds collected annually from tax
revenue in such a way that no less that 85% of those funds are
expended on direct mental and emotional health services
provided by licensed mental health professionals or by mental
health interns or persons with a bachelor's degree in social
work supervised by those professionals.
(7) To establish criteria and standards necessary for
hiring the licensed mental health professionals to be employed
to provide the direct services of the Program.
(8) To identify the mental and emotional health needs
within the Program territory and determine the programs for
meeting those needs annually as well as the eligible persons
whom the Program may serve.
(9) To obtain errors and omissions insurance for all
commissioners in an amount of no less than $1,000,000.
(10) To perform such other functions in connection with the
Program and the expanded mental health services fund as
required under this Act.
Expanded mental health services fund.
(a) The Governing Commission shall maintain the expanded
mental health services fund for the purposes of paying the
costs of administering the Program and carrying out its duties
under this Act, subject to the limitations and procedures set
forth in this Act.
(b) The expanded mental health services fund shall be
raised by means of an annual tax levied on each property within
the territory of the Program. The rate of this tax may be
changed from year to year by majority vote of the Governing
Commission but in no case shall it exceed the ceiling rate
established by the voters in the territory of the Program in
the binding referendum to approve the creation of the Expanded
Mental Health Services Program. The ceiling rate must be set
within the range of .004 to .007 on each property in the
territory of the Program. A higher ceiling rate for a territory
may be established within that range only by the voters in a
binding referendum from time to time to be held in a manner as
set forth in this legislation. The commissioners shall cause
the amount to be raised by taxation in each year to be
certified to the county clerk in the manner provided by law,
and any tax so levied and certified shall be collected and
enforced in the same manner and by the same officers as those
taxes for the purposes of the county and city within which the
territory of the Governing Commission is located. Any such tax,
when collected, shall be paid over to the proper officer of the
Governing Commission who is authorized to receive and receipt
for such tax. The Governing Commission may issue tax
anticipation warrants against the taxes to be assessed for a
(c) The moneys deposited in the expanded mental health
services fund shall, as nearly as practicable, be fully and
continuously invested or reinvested by the Governing
Commission in investment obligations which shall be in such
amounts, and shall mature at such times, that the maturity or
date of redemption at the option of the holder of such
investment obligations shall coincide, as nearly as
practicable, with the times at which monies will be required
for the purposes of the Program. For the purposes of this
Section, "investment obligation" means direct general
municipal, state, or federal obligations which at the time are
legal investments under the laws of this State and the payment
of principal of and interest on which are unconditionally
guaranteed by the governing body issuing them.
(d) The fund shall be used solely and exclusively for the
purpose of providing expanded mental health services and no
more that 15% of the annual levy may be used for reasonable
salaries, expenses, bills, and fees incurred in administering
(e) The fund shall be maintained, invested, and expended
exclusively by the Governing Commission of the Program for
whose purposes it was created. Under no circumstances shall the
fund be used by any person or persons, governmental body, or
public or private agency or concern other than the Governing
Commission of the Program for whose purposes it was created.
Under no circumstances shall the fund be commingled with other
funds or investments.
(f) No commissioner or family member of a commissioner, or
employee or family member of an employee, may receive any
financial benefit, either directly or indirectly, from the
fund. Nothing in this subsection shall be construed to prohibit
payment of expenses to a commissioner in accordance with
subsection (g) of Section 15.
(g) Annually, the Governing Commission shall prepare for
informational purposes in the appropriations process: (1) an
annual budget showing the estimated receipts and intended
disbursements pursuant to this Act for the fiscal year
immediately following the date the budget is submitted, which
date must be at least 30 days prior to the start of the fiscal
year; and (2) an independent financial audit of the fund and
the management of the Program detailing the income received and
disbursements made pursuant to this Act during the fiscal year
just preceding the date the annual report is submitted, which
date must be within 90 days of the close of that fiscal year.
These reports shall be made available to the public through any
office of the Governing Commission or a public facility such as
a local public library located within the territory of the
Program. In addition, and in an effort to increase transparency
of public programming, the Governing Commission shall
effectively create and operate a publicly accessible website,
which shall publish results of all audits for a period of no
less than six months after the initial disclosure of the
results and findings of each audit.
Termination of a Program.
An Expanded Mental
Health Services Program may be terminated only by the
submission of and approval of the issue in the form of a public
question before the voters of the territory of the Program at a
regularly scheduled election in the same manner as the question
of the creation of the Program, as set forth in Section 15 of
this Act. If a majority of the voters voting upon the question
approve the termination of the Expanded Mental Health Services
Program, as certified by the proper election authorities, the
Program shall conclude its business and cease operations within
one year of the date on which the election containing the
public question was held.
Immunity and indemnification.
officer, or employee, whether on salary, wage, or voluntary
basis, shall be personally liable and no cause of action may be
brought for damages resulting from the exercise of judgment or
discretion in connection with the performance of Program duties
or responsibilities, unless the act or omission involved
willful or wanton conduct.
A Program shall indemnify each commissioner, officer, and
employee, except for the mental health professionals who will
be expected to maintain malpractice insurance appropriate to
their professional positions, whether on salary, wage, or
voluntary basis against any and all losses, damages, judgments,
interest, settlements, fines, court costs and other reasonable
costs and expenses of legal proceedings including attorney
fees, and any other liabilities incurred by, imposed upon, or
suffered by such individual in connection with or resulting
from any claim, action, suit, or proceeding, actual or
threatened, arising out of or in connection with the
performance of Program duties. Any settlement of any claim must
be made with prior approval of the Governing Commission in
order for indemnification, as provided in this Section, to be
The immunity and indemnification provided by a Program
under this Section shall not cover any acts or omissions which
involve willful or wanton conduct, breach of good faith,
intentional misconduct, knowing violation of the law, or for
any transaction from which such individual derives an improper
No lawsuit or any other type of
legal action brought under the terms of this Act shall be
sustainable in a court of law or equity unless all conditions,
stipulations, and provisions of the Program have been complied
with, and unless the suit is brought within 12 months after the
event which is the subject of the legal action.
Any person violating the provisions of
this Act or any procedure, regulation, or bylaw of a Governing
Commission and Program created under the provisions of this Act
shall, in addition to all other remedies provided by law, be
guilty of a petty offense and shall be fined not more than
$1,000 for each offense.
The authority or duty to establish
or prohibit the establishment of Expanded Mental Health
Services Programs in any municipality with more than 1,000,000
inhabitants, including home rule units, and the determination
of the terms of such Programs are declared to be exclusive
powers and functions of the State which may not be exercised
concurrently by any such municipality. No municipality with
more than 1,000,000 inhabitants, including home rule units,
shall establish or maintain an Expanded Mental Health Services
Program other than as provided in this Act, and any such
municipality shall affirmatively establish and maintain an
Expanded Mental Health Services Program when required to do so
pursuant to this Act. This Section is a denial and
of home rule powers and functions under
subsection (h) of
Section 6 of Article VII of the
Effective Date: 1/1/2012