Illinois General Assembly - Full Text of HB0475
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0475  103rd General Assembly




HB0475 EnrolledLRB103 04045 AWJ 49051 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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,
17injury, or death in the line of duty.
18    Section 10. The Community Mental Health Act is amended by
19changing 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



HB0475 Enrolled- 2 -LRB103 04045 AWJ 49051 b

1annual tax under any of the provisions of this Act shall,
2before it may levy such tax, establish a 7 member community
3mental health board who shall administer this Act. Such board
4shall be appointed by the chairman of the governing body of a
5county, the mayor of a city, the president of a village, the
6president of an incorporated town, or the supervisor of a
7township, as the case may be, with the advice and consent of
8the governing body of such county, city, village, incorporated
9town or the town board of trustees of any township. Members of
10the community mental health board shall be residents of the
11government unit and, as nearly as possible, be representative
12of interested groups of the community such as local health
13departments, medical societies, local comprehensive health
14planning agencies, hospital boards, lay associations concerned
15with mental health, developmental disabilities and substance
16abuse, as well as the general public. Only one member shall be
17a member of the governing body, with the term of membership on
18the board to run concurrently with the elected term of the
19member. The chairman of the governing body may, upon the
20request of the community mental health board, appoint 2
21additional members to the community mental health board. No
22member of the community mental health board may be a full-time
23or part-time employee of the Department of Human Services or a
24board member, employee or any other individual receiving
25compensation from any facility or service operating under
26contract to the board. If a successful referendum is held



HB0475 Enrolled- 3 -LRB103 04045 AWJ 49051 b

1under Section 5 of this Act, all members of such board shall be
2appointed within 60 days after the local election authority
3certifies the passage of the referendum.
4    Home rule units are exempt from this Act. However, they
5may, by ordinance, adopt the provisions of this Act, or any
6portion thereof, that they may deem advisable.
7    The tax rate set forth in Section 4 may be levied by any
8non-home rule unit only pursuant to the approval by the voters
9at a referendum. Such referendum may have been held at any time
10subsequent to the effective date of the Community Mental
11Health 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
15mental health board shall be for 4 years, provided, however,
16that of the members first appointed, 2 shall be appointed for a
17term of 2 years, 2 for a term of 3 years and 3 for a term of 4
18years. All terms shall be measured from the first day of the
19month year of appointment. Vacancies shall be filled for the
20unexpired 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



HB0475 Enrolled- 4 -LRB103 04045 AWJ 49051 b

1days after members are first appointed and within 30 days
2after members are appointed or reappointed upon the expiration
3of a member's term immediately after appointment, meet and
4organize, by the election of one of its number as president and
5one as secretary and such other officers as it may deem
6necessary. It shall make rules and regulations concerning the
7rendition or operation of services and facilities which it
8directs, supervises or funds, not inconsistent with the
9provisions 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



HB0475 Enrolled- 5 -LRB103 04045 AWJ 49051 b

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



HB0475 Enrolled- 6 -LRB103 04045 AWJ 49051 b

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



HB0475 Enrolled- 7 -LRB103 04045 AWJ 49051 b

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
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



HB0475 Enrolled- 8 -LRB103 04045 AWJ 49051 b

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



HB0475 Enrolled- 9 -LRB103 04045 AWJ 49051 b

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.



HB0475 Enrolled- 10 -LRB103 04045 AWJ 49051 b

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



HB0475 Enrolled- 11 -LRB103 04045 AWJ 49051 b

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
9Freedom 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
13passes a resolution as provided in Section 4 asking that an
14annual tax may be levied for the purpose of providing such
15mental health facilities and services, including facilities
16and services for the person with a developmental disability or
17a substance use disorder, in the community and so instructs
18the clerk of the governmental unit such clerk shall certify
19the proposition to the proper election officials for
20submission at a regular election in accordance with the
21general election law. The proposition shall be in the
22following form:
24    Shall............  (governmental
25unit) levy an annual tax of (not                YES



HB0475 Enrolled- 12 -LRB103 04045 AWJ 49051 b

1more than .15%) for the purpose of providing
2community mental health facilities and        ---------------
3services including facilities and services
4for persons the person with a developmental     NO
5disability or a substance use disorder?
7    (a-5) If the governmental unit is also subject to the
8Property Tax Extension Limitation Law, then the proposition
9shall also comply with the Property Tax Extension Limitation
10Law. Notwithstanding any provision of this subsection, any
11referendum imposing an annual tax on or after January 1, 1994
12and prior to May 13, 2022 (the effective date of Public Act
13102-839) this amendatory Act of the 102nd General Assembly
14that complies with subsection (a) is hereby validated.
15    (b) If a majority of all the votes cast upon the
16proposition are for the levy of such tax, the governing body of
17such governmental unit shall thereafter annually levy a tax
18not to exceed the rate set forth in Section 4. Thereafter, the
19governing body shall in the annual appropriation bill
20appropriate from such funds such sum or sums of money as may be
21deemed necessary by the community mental health board, based
22upon the community mental health board's budget, the board's
23annual mental health report, and the local mental health plan
24to defray necessary expenses and liabilities in providing for
25such community mental health facilities and services.
26    (c) If the governing body of a governmental unit levies a



HB0475 Enrolled- 13 -LRB103 04045 AWJ 49051 b

1tax under Section 4 of this Act and the rate specified in the
2proposition under subsection (a) of this Section is less than
30.15%, then the governing body of the governmental unit may,
4upon referendum approval, increase that rate to not more than
50.15%. The governing body shall instruct the clerk of the
6governmental unit to certify the proposition to the proper
7election officials for submission at a regular election in
8accordance with the general election law. The proposition
9shall 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
16are for the increase of the tax, then the governing body of the
17governmental unit may thereafter annually levy a tax not to
18exceed the rate set forth in the referendum question.
19(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
20revised 8-25-22.)