Illinois General Assembly - Full Text of HB0475
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Full Text of HB0475  103rd General Assembly


Rep. Daniel Didech

Filed: 3/22/2023





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2    AMENDMENT NO. ______. Amend House Bill 475 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Community Mental Health Act is amended by
5changing Sections 3a, 3b, 3e, and 5 as follows:
6    (405 ILCS 20/3a)  (from Ch. 91 1/2, par. 303a)
7    Sec. 3a. Every governmental unit authorized to levy an
8annual tax under any of the provisions of this Act shall,
9before it may levy such tax, establish a 7 member community
10mental health board who shall administer this Act. Such board
11shall be appointed by the chairman of the governing body of a
12county, the mayor of a city, the president of a village, the
13president of an incorporated town, or the supervisor of a
14township, as the case may be, with the advice and consent of
15the governing body of such county, city, village, incorporated
16town or the town board of trustees of any township. Members of



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1the community mental health board shall be residents of the
2government unit and, as nearly as possible, be representative
3of interested groups of the community such as local health
4departments, medical societies, local comprehensive health
5planning agencies, hospital boards, lay associations concerned
6with mental health, developmental disabilities and substance
7abuse, as well as the general public. Only one member shall be
8a member of the governing body. The chairman of the governing
9body may, upon the request of the community mental health
10board, appoint 2 additional members to the community mental
11health board. No member of the community mental health board
12may be a full-time or part-time employee of the Department of
13Human Services or a board member, employee or any other
14individual receiving compensation from any facility or service
15operating under contract to the board. If a successful
16referendum is held under Section 5 of this Act, all members of
17such board shall be appointed within 60 days after the local
18election authority certifies the passage of the referendum.
19    Home rule units are exempt from this Act. However, they
20may, by ordinance, adopt the provisions of this Act, or any
21portion thereof, that they may deem advisable.
22    The tax rate set forth in Section 4 may be levied by any
23non-home rule unit only pursuant to the approval by the voters
24at a referendum. Such referendum may have been held at any time
25subsequent to the effective date of the Community Mental
26Health Act.



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1(Source: P.A. 95-336, eff. 8-21-07.)
2    (405 ILCS 20/3b)  (from Ch. 91 1/2, par. 303b)
3    Sec. 3b. The term of office of each member of the community
4mental health board shall be for 4 years, provided, however,
5that of the members first appointed, 2 shall be appointed for a
6term of 2 years, 2 for a term of 3 years and 3 for a term of 4
7years. All terms shall be measured from the first day of the
8month year of appointment. Vacancies shall be filled for the
9unexpired term in the same manner as original appointments.
10(Source: Laws 1965, p. 1037.)
11    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
12    Sec. 3e. Board's powers and duties.
13    (1) Every community mental health board shall, within 30
14days after members are first appointed and within 30 days
15after members are appointed or reappointed upon the expiration
16of a member's term immediately after appointment, meet and
17organize, by the election of one of its number as president and
18one as secretary and such other officers as it may deem
19necessary. It shall make rules and regulations concerning the
20rendition or operation of services and facilities which it
21directs, supervises or funds, not inconsistent with the
22provisions of this Act. It shall:
23        (a) Hold a meeting prior to July 1 of each year at
24    which officers shall be elected for the ensuing year



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1    beginning July 1;
2        (b) Hold meetings at least quarterly;
3        (c) Hold special meetings upon a written request
4    signed by at least 2 members and filed with the secretary;
5        (d) Review and evaluate community mental health
6    services and facilities, including services and facilities
7    for the treatment of alcoholism, drug addiction,
8    developmental disabilities, and intellectual
9    disabilities;
10        (e) Authorize the disbursement of money from the
11    community mental health fund for payment for the ordinary
12    and contingent expenses of the board;
13        (f) Submit to the appointing officer and the members
14    of the governing body a written plan for a program of
15    community mental health services and facilities for
16    persons with a mental illness, a developmental disability,
17    or a substance use disorder. Such plan shall be for the
18    ensuing 12 month period. In addition, a plan shall be
19    developed for the ensuing 3 year period and such plan
20    shall be reviewed at the end of every 12 month period and
21    shall be modified as deemed advisable.
22        (g) Within amounts appropriated therefor, execute such
23    programs and maintain such services and facilities as may
24    be authorized under such appropriations, including amounts
25    appropriated under bond issues, if any;
26        (h) Publish the annual budget and report within 120



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1    days after the end of the fiscal year in a newspaper
2    distributed within the jurisdiction of the board, or, if
3    no newspaper is published within the jurisdiction of the
4    board, then one published in the county, or, if no
5    newspaper is published in the county, then in a newspaper
6    having general circulation within the jurisdiction of the
7    board. The report shall show the condition of its trust of
8    that year, the sums of money received from all sources,
9    giving the name of any donor, how all monies have been
10    expended and for what purpose, and such other statistics
11    and program information in regard to the work of the board
12    as it may deem of general interest. A copy of the budget
13    and the annual report shall be made available to the
14    Department of Human Services and to members of the General
15    Assembly whose districts include any part of the
16    jurisdiction of such board. The names of all employees,
17    consultants, and other personnel shall be set forth along
18    with the amounts of money received;
19        (i) Consult with other appropriate private and public
20    agencies in the development of local plans for the most
21    efficient delivery of mental health, developmental
22    disabilities, and substance use disorder services. The
23    Board is authorized to join and to participate in the
24    activities of associations organized for the purpose of
25    promoting more efficient and effective services and
26    programs;



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1        (j) Have the authority to review and comment on all
2    applications for grants by any person, corporation, or
3    governmental unit providing services within the
4    geographical area of the board which provides mental
5    health facilities and services, including services for the
6    person with a mental illness, a developmental disability,
7    or a substance use disorder. The board may require funding
8    applicants to send a copy of their funding application to
9    the board at the time such application is submitted to the
10    Department of Human Services or to any other local, State
11    or federal funding source or governmental agency. Within
12    60 days of the receipt of any application, the board shall
13    submit its review and comments to the Department of Human
14    Services or to any other appropriate local, State or
15    federal funding source or governmental agency. A copy of
16    the review and comments shall be submitted to the funding
17    applicant. Within 60 days thereafter, the Department of
18    Human Services or any other appropriate local or State
19    governmental agency shall issue a written response to the
20    board and the funding applicant. The Department of Human
21    Services shall supply any community mental health board
22    such information about purchase-of-care funds, State
23    facility utilization, and costs in its geographical area
24    as the board may request provided that the information
25    requested is for the purpose of the Community Mental
26    Health Board complying with the requirements of Section



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1    3f, subsection (f) of this Act;
2        (k) Perform such other acts as may be necessary or
3    proper to carry out the purposes of this Act.
4    (2) The community mental health board has the following
6        (a) The board may enter into multiple-year contracts
7    for rendition or operation of services, facilities and
8    educational programs.
9        (b) The board may arrange through intergovernmental
10    agreements or intragovernmental agreements or both for the
11    rendition of services and operation of facilities by other
12    agencies or departments of the governmental unit or county
13    in which the governmental unit is located with the
14    approval of the governing body.
15        (c) To employ, establish compensation for, and set
16    policies for its personnel, including legal counsel, as
17    may be necessary to carry out the purposes of this Act and
18    prescribe the duties thereof. The board may enter into
19    multiple-year employment contracts as may be necessary for
20    the recruitment and retention of personnel and the proper
21    functioning of the board.
22        (d) The board may enter into multiple-year joint
23    agreements, which shall be written, with other mental
24    health boards and boards of health to provide jointly
25    agreed upon community mental health facilities and
26    services and to pool such funds as may be deemed necessary



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1    and available for this purpose.
2        (e) The board may organize a not-for-profit
3    corporation for the purpose of providing direct recipient
4    services. Such corporations shall have, in addition to all
5    other lawful powers, the power to contract with persons to
6    furnish services for recipients of the corporation's
7    facilities, including psychiatrists and other physicians
8    licensed in this State to practice medicine in all of its
9    branches. Such physicians shall be considered independent
10    contractors, and liability for any malpractice shall not
11    extend to such corporation, nor to the community mental
12    health board, except for gross negligence in entering into
13    such a contract.
14        (f) The board shall not operate any direct recipient
15    services for more than a 2-year period when such services
16    are being provided in the governmental unit, but shall
17    encourage, by financial support, the development of
18    private agencies to deliver such needed services, pursuant
19    to regulations of the board.
20        (g) Where there are multiple boards within the same
21    planning area, as established by the Department of Human
22    Services, services may be purchased through a single
23    delivery system. In such areas, a coordinating body with
24    representation from each board shall be established to
25    carry out the service functions of this Act. In the event
26    any such coordinating body purchases or improves real



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1    property, such body shall first obtain the approval of the
2    governing bodies of the governmental units in which the
3    coordinating body is located.
4        (h) The board may enter into multiple-year joint
5    agreements with other governmental units located within
6    the geographical area of the board. Such agreements shall
7    be written and shall provide for the rendition of services
8    by the board to the residents of such governmental units.
9        (i) The board may enter into multiple-year joint
10    agreements with federal, State, and local governments,
11    including the Department of Human Services, whereby the
12    board will provide certain services. All such joint
13    agreements must provide for the exchange of relevant data.
14    However, nothing in this Act shall be construed to permit
15    the abridgement of the confidentiality of patient records.
16        (j) The board may receive gifts from private sources
17    for purposes not inconsistent with the provisions of this
18    Act.
19        (k) The board may receive Federal, State and local
20    funds for purposes not inconsistent with the provisions of
21    this Act.
22        (l) The board may establish scholarship programs. Such
23    programs shall require equivalent service or reimbursement
24    pursuant to regulations of the board.
25        (m) The board may sell, rent, or lease real property
26    for purposes consistent with this Act.



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1        (n) The board may: (i) own real property, lease real
2    property as lessee, or acquire real property by purchase,
3    construction, lease-purchase agreement, or otherwise; (ii)
4    take title to the property in the board's name; (iii)
5    borrow money and issue debt instruments, mortgages,
6    purchase-money mortgages, and other security instruments
7    with respect to the property; and (iv) maintain, repair,
8    remodel, or improve the property. All of these activities
9    must be for purposes consistent with this Act as may be
10    reasonably necessary for the housing and proper
11    functioning of the board. The board may use moneys in the
12    Community Mental Health Fund for these purposes.
13        (o) The board may organize a not-for-profit
14    corporation (i) for the purpose of raising money to be
15    distributed by the board for providing community mental
16    health services and facilities for the treatment of
17    alcoholism, drug addiction, developmental disabilities,
18    and intellectual disabilities or (ii) for other purposes
19    not inconsistent with this Act.
20        (p) The board may fix a fiscal year for the board.
21    Every board shall be subject to the requirements under the
22Freedom of Information Act and the Open Meetings Act.
23(Source: P.A. 97-227, eff. 1-1-12.)
24    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
25    Sec. 5. (a) When the governing body of a governmental unit



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1passes a resolution as provided in Section 4 asking that an
2annual tax may be levied for the purpose of providing such
3mental health facilities and services, including facilities
4and services for the person with a developmental disability or
5a substance use disorder, in the community and so instructs
6the clerk of the governmental unit such clerk shall certify
7the proposition to the proper election officials for
8submission at a regular election in accordance with the
9general election law. The proposition shall be in the
10following form:
12    Shall............  (governmental
13unit) levy an annual tax of (not                YES
14more than .15%) for the purpose of providing
15community mental health facilities and        ---------------
16services including facilities and services
17for persons the person with a developmental     NO
18disability or a substance use disorder?
20    (a-5) If the governmental unit is also subject to the
21Property Tax Extension Limitation Law, then the proposition
22shall also comply with the Property Tax Extension Limitation
23Law. Notwithstanding any provision of this subsection, any
24referendum imposing an annual tax on or after January 1, 1994
25and prior to May 13, 2022 (the effective date of Public Act
26102-839) this amendatory Act of the 102nd General Assembly



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1that complies with subsection (a) is hereby validated.
2    (b) If a majority of all the votes cast upon the
3proposition are for the levy of such tax, the governing body of
4such governmental unit shall thereafter annually levy a tax,
5as deemed necessary by the community mental health board, not
6to exceed the rate set forth in Section 4. Thereafter, the
7governing body shall in the annual appropriation bill
8appropriate from such funds such sum or sums of money as may be
9deemed necessary by the community mental health board, based
10upon the community mental health board's budget, the board's
11annual mental health report, and the local mental health plan
12to defray necessary expenses and liabilities in providing for
13such community mental health facilities and services.
14    (c) If the governing body of a governmental unit levies a
15tax under Section 4 of this Act and the rate specified in the
16proposition under subsection (a) of this Section is less than
170.15%, then the governing body of the governmental unit may,
18upon referendum approval, increase that rate to not more than
190.15%. The governing body shall instruct the clerk of the
20governmental unit to certify the proposition to the proper
21election officials for submission at a regular election in
22accordance with the general election law. The proposition
23shall be in the following form:
24        "Shall the tax imposed by (governmental unit) for the
25    purpose of providing community mental health facilities
26    and services, including facilities and services for



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1    persons with a developmental disability or substance use
2    disorder be increased to (not more than 0.15%)?"
3    If a majority of all the votes cast upon the proposition
4are for the increase of the tax, then the governing body of the
5governmental unit may thereafter annually levy a tax not to
6exceed the rate set forth in the referendum question.
7(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
8revised 8-25-22.)".