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


Sen. Adriane Johnson

Filed: 5/5/2023





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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 Counties Code is amended by adding Section
55-1188 as follows:
6    (55 ILCS 5/5-1188 new)
7    Sec. 5-1188. Sangamon County rescue squad. The Sangamon
8County Board may form, manage, fund, and operate a volunteer
9rescue squad to provide assistance within Sangamon County to
10any public entity providing law enforcement, firefighting,
11emergency disaster response, or first responder services. The
12volunteer rescue squad may (i) locate missing persons,
13including drowning victims, (ii) perform a supporting, and not
14direct, role in fighting fires, and (iii) extricate persons
15from unsafe conditions. The Sangamon County Board may provide
16benefits for rescue squad volunteers who suffer disease,



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1injury, or death in the line of duty.
2    Section 10. The Community Mental Health Act is amended by
3changing Sections 3a, 3b, 3e, and 5 as follows:
4    (405 ILCS 20/3a)  (from Ch. 91 1/2, par. 303a)
5    Sec. 3a. Every governmental unit authorized to levy an
6annual tax under any of the provisions of this Act shall,
7before it may levy such tax, establish a 7 member community
8mental health board who shall administer this Act. Such board
9shall be appointed by the chairman of the governing body of a
10county, the mayor of a city, the president of a village, the
11president of an incorporated town, or the supervisor of a
12township, as the case may be, with the advice and consent of
13the governing body of such county, city, village, incorporated
14town or the town board of trustees of any township. Members of
15the community mental health board shall be residents of the
16government unit and, as nearly as possible, be representative
17of interested groups of the community such as local health
18departments, medical societies, local comprehensive health
19planning agencies, hospital boards, lay associations concerned
20with mental health, developmental disabilities and substance
21abuse, as well as the general public. Only one member shall be
22a member of the governing body, with the term of membership on
23the board to run concurrently with the elected term of the
24member. The chairman of the governing body may, upon the



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1request of the community mental health board, appoint 2
2additional members to the community mental health board. No
3member of the community mental health board may be a full-time
4or part-time employee of the Department of Human Services or a
5board member, employee or any other individual receiving
6compensation from any facility or service operating under
7contract to the board. If a successful referendum is held
8under Section 5 of this Act, all members of such board shall be
9appointed within 60 days after the local election authority
10certifies the passage of the referendum.
11    Home rule units are exempt from this Act. However, they
12may, by ordinance, adopt the provisions of this Act, or any
13portion thereof, that they may deem advisable.
14    The tax rate set forth in Section 4 may be levied by any
15non-home rule unit only pursuant to the approval by the voters
16at a referendum. Such referendum may have been held at any time
17subsequent to the effective date of the Community Mental
18Health Act.
19(Source: P.A. 95-336, eff. 8-21-07.)
20    (405 ILCS 20/3b)  (from Ch. 91 1/2, par. 303b)
21    Sec. 3b. The term of office of each member of the community
22mental health board shall be for 4 years, provided, however,
23that of the members first appointed, 2 shall be appointed for a
24term of 2 years, 2 for a term of 3 years and 3 for a term of 4
25years. All terms shall be measured from the first day of the



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1month year of appointment. Vacancies shall be filled for the
2unexpired term in the same manner as original appointments.
3(Source: Laws 1965, p. 1037.)
4    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
5    Sec. 3e. Board's powers and duties.
6    (1) Every community mental health board shall, within 30
7days after members are first appointed and within 30 days
8after members are appointed or reappointed upon the expiration
9of a member's term immediately after appointment, meet and
10organize, by the election of one of its number as president and
11one as secretary and such other officers as it may deem
12necessary. It shall make rules and regulations concerning the
13rendition or operation of services and facilities which it
14directs, supervises or funds, not inconsistent with the
15provisions of this Act. It shall:
16        (a) Hold a meeting prior to July 1 of each year at
17    which officers shall be elected for the ensuing year
18    beginning July 1;
19        (b) Hold meetings at least quarterly;
20        (c) Hold special meetings upon a written request
21    signed by at least 2 members and filed with the secretary;
22        (d) Review and evaluate community mental health
23    services and facilities, including services and facilities
24    for the treatment of alcoholism, drug addiction,
25    developmental disabilities, and intellectual



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1    disabilities;
2        (e) Authorize the disbursement of money from the
3    community mental health fund for payment for the ordinary
4    and contingent expenses of the board;
5        (f) Submit to the appointing officer and the members
6    of the governing body a written plan for a program of
7    community mental health services and facilities for
8    persons with a mental illness, a developmental disability,
9    or a substance use disorder. Such plan shall be for the
10    ensuing 12 month period. In addition, a plan shall be
11    developed for the ensuing 3 year period and such plan
12    shall be reviewed at the end of every 12 month period and
13    shall be modified as deemed advisable.
14        (g) Within amounts appropriated therefor, execute such
15    programs and maintain such services and facilities as may
16    be authorized under such appropriations, including amounts
17    appropriated under bond issues, if any;
18        (h) Publish the annual budget and report within 120
19    days after the end of the fiscal year in a newspaper
20    distributed within the jurisdiction of the board, or, if
21    no newspaper is published within the jurisdiction of the
22    board, then one published in the county, or, if no
23    newspaper is published in the county, then in a newspaper
24    having general circulation within the jurisdiction of the
25    board. The report shall show the condition of its trust of
26    that year, the sums of money received from all sources,



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1    giving the name of any donor, how all monies have been
2    expended and for what purpose, and such other statistics
3    and program information in regard to the work of the board
4    as it may deem of general interest. A copy of the budget
5    and the annual report shall be made available to the
6    Department of Human Services and to members of the General
7    Assembly whose districts include any part of the
8    jurisdiction of such board. The names of all employees,
9    consultants, and other personnel shall be set forth along
10    with the amounts of money received;
11        (i) Consult with other appropriate private and public
12    agencies in the development of local plans for the most
13    efficient delivery of mental health, developmental
14    disabilities, and substance use disorder services. The
15    Board is authorized to join and to participate in the
16    activities of associations organized for the purpose of
17    promoting more efficient and effective services and
18    programs;
19        (j) Have the authority to review and comment on all
20    applications for grants by any person, corporation, or
21    governmental unit providing services within the
22    geographical area of the board which provides mental
23    health facilities and services, including services for the
24    person with a mental illness, a developmental disability,
25    or a substance use disorder. The board may require funding
26    applicants to send a copy of their funding application to



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1    the board at the time such application is submitted to the
2    Department of Human Services or to any other local, State
3    or federal funding source or governmental agency. Within
4    60 days of the receipt of any application, the board shall
5    submit its review and comments to the Department of Human
6    Services or to any other appropriate local, State or
7    federal funding source or governmental agency. A copy of
8    the review and comments shall be submitted to the funding
9    applicant. Within 60 days thereafter, the Department of
10    Human Services or any other appropriate local or State
11    governmental agency shall issue a written response to the
12    board and the funding applicant. The Department of Human
13    Services shall supply any community mental health board
14    such information about purchase-of-care funds, State
15    facility utilization, and costs in its geographical area
16    as the board may request provided that the information
17    requested is for the purpose of the Community Mental
18    Health Board complying with the requirements of Section
19    3f, subsection (f) of this Act;
20        (k) Perform such other acts as may be necessary or
21    proper to carry out the purposes of this Act.
22    (2) The community mental health board has the following
24        (a) The board may enter into multiple-year contracts
25    for rendition or operation of services, facilities and
26    educational programs.



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1        (b) The board may arrange through intergovernmental
2    agreements or intragovernmental agreements or both for the
3    rendition of services and operation of facilities by other
4    agencies or departments of the governmental unit or county
5    in which the governmental unit is located with the
6    approval of the governing body.
7        (c) To employ, establish compensation for, and set
8    policies for its personnel, including legal counsel, as
9    may be necessary to carry out the purposes of this Act and
10    prescribe the duties thereof. The board may enter into
11    multiple-year employment contracts as may be necessary for
12    the recruitment and retention of personnel and the proper
13    functioning of the board.
14        (d) The board may enter into multiple-year joint
15    agreements, which shall be written, with other mental
16    health boards and boards of health to provide jointly
17    agreed upon community mental health facilities and
18    services and to pool such funds as may be deemed necessary
19    and available for this purpose.
20        (e) The board may organize a not-for-profit
21    corporation for the purpose of providing direct recipient
22    services. Such corporations shall have, in addition to all
23    other lawful powers, the power to contract with persons to
24    furnish services for recipients of the corporation's
25    facilities, including psychiatrists and other physicians
26    licensed in this State to practice medicine in all of its



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1    branches. Such physicians shall be considered independent
2    contractors, and liability for any malpractice shall not
3    extend to such corporation, nor to the community mental
4    health board, except for gross negligence in entering into
5    such a contract.
6        (f) The board shall not operate any direct recipient
7    services for more than a 2-year period when such services
8    are being provided in the governmental unit, but shall
9    encourage, by financial support, the development of
10    private agencies to deliver such needed services, pursuant
11    to regulations of the board.
12        (g) Where there are multiple boards within the same
13    planning area, as established by the Department of Human
14    Services, services may be purchased through a single
15    delivery system. In such areas, a coordinating body with
16    representation from each board shall be established to
17    carry out the service functions of this Act. In the event
18    any such coordinating body purchases or improves real
19    property, such body shall first obtain the approval of the
20    governing bodies of the governmental units in which the
21    coordinating body is located.
22        (h) The board may enter into multiple-year joint
23    agreements with other governmental units located within
24    the geographical area of the board. Such agreements shall
25    be written and shall provide for the rendition of services
26    by the board to the residents of such governmental units.



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1        (i) The board may enter into multiple-year joint
2    agreements with federal, State, and local governments,
3    including the Department of Human Services, whereby the
4    board will provide certain services. All such joint
5    agreements must provide for the exchange of relevant data.
6    However, nothing in this Act shall be construed to permit
7    the abridgement of the confidentiality of patient records.
8        (j) The board may receive gifts from private sources
9    for purposes not inconsistent with the provisions of this
10    Act.
11        (k) The board may receive Federal, State and local
12    funds for purposes not inconsistent with the provisions of
13    this Act.
14        (l) The board may establish scholarship programs. Such
15    programs shall require equivalent service or reimbursement
16    pursuant to regulations of the board.
17        (m) The board may sell, rent, or lease real property
18    for purposes consistent with this Act.
19        (n) The board may: (i) own real property, lease real
20    property as lessee, or acquire real property by purchase,
21    construction, lease-purchase agreement, or otherwise; (ii)
22    take title to the property in the board's name; (iii)
23    borrow money and issue debt instruments, mortgages,
24    purchase-money mortgages, and other security instruments
25    with respect to the property; and (iv) maintain, repair,
26    remodel, or improve the property. All of these activities



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1    must be for purposes consistent with this Act as may be
2    reasonably necessary for the housing and proper
3    functioning of the board. The board may use moneys in the
4    Community Mental Health Fund for these purposes.
5        (o) The board may organize a not-for-profit
6    corporation (i) for the purpose of raising money to be
7    distributed by the board for providing community mental
8    health services and facilities for the treatment of
9    alcoholism, drug addiction, developmental disabilities,
10    and intellectual disabilities or (ii) for other purposes
11    not inconsistent with this Act.
12        (p) The board may fix a fiscal year for the board.
13        (q) The board has the responsibility to set, maintain,
14    and implement the budget.
15    Every board shall be subject to the requirements under the
16Freedom of Information Act and the Open Meetings Act.
17(Source: P.A. 97-227, eff. 1-1-12.)
18    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
19    Sec. 5. (a) When the governing body of a governmental unit
20passes a resolution as provided in Section 4 asking that an
21annual tax may be levied for the purpose of providing such
22mental health facilities and services, including facilities
23and services for the person with a developmental disability or
24a substance use disorder, in the community and so instructs
25the clerk of the governmental unit such clerk shall certify



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1the proposition to the proper election officials for
2submission at a regular election in accordance with the
3general election law. The proposition shall be in the
4following form:
6    Shall............  (governmental
7unit) levy an annual tax of (not                YES
8more than .15%) for the purpose of providing
9community mental health facilities and        ---------------
10services including facilities and services
11for persons the person with a developmental     NO
12disability or a substance use disorder?
14    (a-5) If the governmental unit is also subject to the
15Property Tax Extension Limitation Law, then the proposition
16shall also comply with the Property Tax Extension Limitation
17Law. Notwithstanding any provision of this subsection, any
18referendum imposing an annual tax on or after January 1, 1994
19and prior to May 13, 2022 (the effective date of Public Act
20102-839) this amendatory Act of the 102nd General Assembly
21that complies with subsection (a) is hereby validated.
22    (b) If a majority of all the votes cast upon the
23proposition are for the levy of such tax, the governing body of
24such governmental unit shall thereafter annually levy a tax
25not to exceed the rate set forth in Section 4. Thereafter, the
26governing body shall in the annual appropriation bill



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1appropriate from such funds such sum or sums of money as may be
2deemed necessary by the community mental health board, based
3upon the community mental health board's budget, the board's
4annual mental health report, and the local mental health plan
5to defray necessary expenses and liabilities in providing for
6such community mental health facilities and services.
7    (c) If the governing body of a governmental unit levies a
8tax under Section 4 of this Act and the rate specified in the
9proposition under subsection (a) of this Section is less than
100.15%, then the governing body of the governmental unit may,
11upon referendum approval, increase that rate to not more than
120.15%. The governing body shall instruct the clerk of the
13governmental unit to certify the proposition to the proper
14election officials for submission at a regular election in
15accordance with the general election law. The proposition
16shall be in the following form:
17        "Shall the tax imposed by (governmental unit) for the
18    purpose of providing community mental health facilities
19    and services, including facilities and services for
20    persons with a developmental disability or substance use
21    disorder be increased to (not more than 0.15%)?"
22    If a majority of all the votes cast upon the proposition
23are for the increase of the tax, then the governing body of the
24governmental unit may thereafter annually levy a tax not to
25exceed the rate set forth in the referendum question.
26(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;



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1revised 8-25-22.)".