Illinois General Assembly - Full Text of Public Act 095-0336
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Public Act 095-0336


 

Public Act 0336 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0336
 
SB1253 Enrolled LRB095 07260 KBJ 27397 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Community Mental Health Act is amended by
changing Sections 1, 2, 3a, 3e, 3f, 4, 5, 6, 7, 9, 10, and 11 as
follows:
 
    (405 ILCS 20/1)  (from Ch. 91 1/2, par. 301)
    Sec. 1. As used in this Act:
    "Direct recipient services" means only those services
required to carry out a completed individualized treatment plan
that is is signed by a service recipient or legal guardian.
Crisis assessment and stabilization services are excluded,
although these services may be anticipated in a treatment plan.
    (a)"Governmental governmental unit" means any county,
city, village, incorporated town, or township. ;
    "Person (b) "person with a developmental disability" means
any person or persons so diagnosed and as defined in the Mental
Health and Developmental Disabilities Code. Community mental
health boards operating under this Act may in their
jurisdiction, by a majority vote, add to the definition of
"person with a developmental disability". ;
    "Mental illness" has the meaning ascribed to that term in
the Mental Health and Developmental Disabilities Code.
Community mental health boards operating under this Act may in
their jurisdiction, by a majority vote, add to the definition
of "mental illness".
    "Substance use disorder" encompasses substance abuse,
dependence, and addiction, not inconsistent with federal or
State definitions.
    (c) "substance abuse" means the excessive use of alcohol,
addiction to a controlled substance, or the habitual use of
cannabis.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/2)  (from Ch. 91 1/2, par. 302)
    Sec. 2. Any county, city, village, incorporated town,
township, public health district, county health department,
multiple-county health department, school district or any
combination thereof, in consultation with and being advised by
the Department of Human Services, shall have the power to
construct, repair, operate, maintain and regulate community
mental health facilities to provide mental health services as
defined by the local community mental health board, including
services for, persons with a developmental disability or
substance use disorder and for the substance abuser, for
residents thereof and/or to contract therefor with any private
or public entity which provides such facilities and services,
either in or without such county, city, village, incorporated
town, township, public health district, county health
department, multiple-county health department, school district
or any combination thereof.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
 
    (405 ILCS 20/3a)  (from Ch. 91 1/2, par. 303a)
    Sec. 3a. Every governmental unit authorized to levy an
annual tax under any of the provisions of this Act shall,
before it may levy such tax, establish a 7 member community
mental health board who shall administer this Act. Such board
shall be appointed by the chairman of the governing body of a
county, the mayor of a city, the president of a village, the
president of an incorporated town, or the supervisor of a
township, as the case may be, with the advice and consent of
the governing body of such county, city, village, incorporated
town or the town board of trustees of any township. Members of
the community mental health board shall be residents of the
government unit and, as nearly as possible, be representative
of interested groups of the community such as local health
departments, medical societies, local comprehensive health
planning agencies, hospital boards, lay associations concerned
with mental health, developmental disabilities and substance
abuse, as well as the general public. Only one member shall be
a member of the governing body. The chairman of the governing
body may, upon the request of the community mental health
board, appoint 2 additional members to the community mental
health board. No member of the community mental health board
may be a full-time or part-time employee of the Department of
Human Services or a board member, employee or any other
individual receiving compensation from any facility or service
operating under contract to the board; except that unpaid
members of the board of directors of any not-for-profit
corporation operating under contract to community mental
health boards of 2 adjacent counties established prior to 1979
may also be members of such community mental health boards. If
a successful referendum is held under Section 5 of this Act,
all members of such board shall be appointed within 60 days of
the referendum.
    Home rule units are exempt from this Act. However, they
may, by ordinance, adopt the provisions of this Act, or any
portion thereof, that they may deem advisable.
    The tax rate set forth in Section 4 may be levied by any
non-home rule unit only pursuant to the approval by the voters
at a referendum. Such referendum may have been held at any time
subsequent to the effective date of the Community Mental Health
Act.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    (405 ILCS 20/3e)  (from Ch. 91 1/2, par. 303e)
    Sec. 3e. Board's powers and duties.
    (1) Every community mental health board shall, 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 make rules and
regulations concerning the rendition or operation of services
and facilities which it directs, supervises or funds, not
inconsistent with the provisions of this Act or with the rules
and regulations of the Department of Human Services. It shall:
        (a) Hold a meeting prior to July 1 of each year at
    which officers shall be elected for the ensuing year
    beginning July 1;
        (b) Hold meetings at least quarterly;
        (c) Hold special meetings upon a written request signed
    by at least 2 members and filed with the secretary;
        (d) Review and evaluate community mental health
    services and facilities, including services and facilities
    for the treatment of alcoholism, drug addiction,
    developmental disabilities and mental retardation;
        (e) Authorize the disbursement of money from the
    community mental health fund for payment for the ordinary
    and contingent expenses of the board;
        (f) (e) Submit to the appointing officer and , the
    members of the governing body, the Department of Human
    Services, and the Health Systems Agency a written plan for
    a program of community mental health services and
    facilities including programs for persons adjudicated
    delinquent minors under the Juvenile Court Act or the
    Juvenile Court Act of 1987 who are found to be persons with
    mental illness, for persons with a mental illness, a
    developmental disability, or a substance use disorder and
    for the substance abuser. Such plan shall be for the
    ensuing 12 month period. In addition, a plan shall be
    developed for the ensuing 3 year period and such plan shall
    be reviewed at the end of every 12 month period and shall
    be modified as deemed advisable. The basic components of
    such plans shall be consistent with the regulations of the
    Department of Human Services.
        (g) (f) Within amounts appropriated therefor, execute
    such programs and maintain such services and facilities as
    may be authorized under such appropriations, including
    amounts appropriated under bond issues, if any;
        (h) (g) Publish the The board shall cause the
    publication of its annual budget and report within 120 60
    days after the end of the fiscal year in a newspaper
    distributed published within the jurisdiction of the
    board, or, if no newspaper is published within the
    jurisdiction of the board, then one published in the
    county, or, if no newspaper is published in the county,
    then in a newspaper having general circulation within the
    jurisdiction of the board. The report shall show the
    condition of its trust of that year, the sums of money
    received from all sources, giving the name of any donor,
    how all monies have been expended and for what purpose, and
    such other statistics and program information in regard to
    the work of the board as it may deem of general interest. A
    copy of the budget and the annual report shall be made
    available also be sent to the Department of Human Services
    and to the regional Health Systems Agency and to members of
    the General Assembly whose districts include any part of
    the jurisdiction of such board. The names of all employees,
    consultants, and other personnel shall be set forth along
    with the amounts of money received;
        (i) (h) Consult with other appropriate local private
    and public agencies and the Department of Human Services in
    the development of local plans for the most efficient
    delivery of mental health, developmental disabilities,
    alcoholism and substance use disorder abuse services. The
    Board is authorized to join and to participate in the
    activities of associations organized for the purpose of
    promoting more efficient and effective services and
    programs;
        (j) (i) Have the authority to review Review and comment
    on all applications for grants by any person, corporation,
    or governmental unit providing services within the
    geographical area of the board which provides mental health
    facilities and services, when such facilities and services
    are included in the board's one-year and 3-year plans,
    including services for the person with a mental illness, a
    developmental disability, or a substance use disorder and
    the substance abuser. The board may require funding
    applicants to Grant applicants shall send a copy of their
    funding grant application to the board at the time such
    application is submitted to the Department of Human
    Services or to any other local, State or federal funding
    source or governmental agency. Within 60 days of the
    receipt of any application, the board shall submit its
    review and comments to the Department of Human Services or
    to any other appropriate local, State or federal funding
    source or governmental agency. A copy of the review and
    comments shall be submitted both to the funding grant
    applicant and to the regional Health Systems Agency. Within
    60 days thereafter, the Department of Human Services or any
    other appropriate local or State governmental agency shall
    issue a written response to the board and the funding
    applicant , to the grant applicant and to the federal Health
    Systems Agency. The Department of Human Services shall
    supply any community mental health board such information
    about purchase-of-care funds, State facility utilization,
    and costs in its geographical area as the board may request
    provided that the information requested is for the purpose
    of the Community Mental Health Board complying with the
    requirements of Section 3f 3 e, subsection (f) (e) of this
    Act;
        (k) (j) Perform such other acts as may be necessary or
    proper to carry out the purposes of this Act, if not
    inconsistent with the regulations of the Department of
    Human Services.
    (2) The community mental health board has the following
powers:
        (a) The board may enter into multiple-year contracts
    for rendition or operation of services, facilities and
    educational programs.
        (b) The board may arrange through intergovernmental
    agreements or intragovernmental agreements or both for the
    rendition of services and operation of facilities by other
    agencies or departments of the governmental unit or county
    in which the governmental unit is located with the approval
    of the governing body.
        (c) To The board may employ, establish compensation
    for, and set policies for its such personnel, including
    legal counsel, as may be necessary to carry out the
    purposes of this Act and prescribe the duties thereof of
    and establish salaries and provide other compensation for
    such personnel. The board may enter into multiple-year
    employment contracts as may be necessary for the
    recruitment and retention of personnel and the proper
    functioning of the board.
        (d) The board may enter into multiple-year joint
    agreements, which shall be written, with other contiguous
    mental health boards and boards of health to provide
    jointly agreed upon community mental health facilities and
    services and to pool such funds as may be deemed necessary
    and available for this purpose.
        (e) The board may organize a not-for-profit
    corporation for the purpose of providing direct recipient
    services. Such corporations shall have, in addition to all
    other lawful powers, the power to contract with persons to
    furnish services for recipients of the corporation's
    facilities, including psychiatrists and other physicians
    licensed in this State to practice medicine in all of its
    branches. Such physicians shall be considered independent
    contractors, and liability for any malpractice shall not
    extend to such corporation, nor to the community mental
    health board, except for gross negligence in entering into
    such a contract.
        (f) The board shall not operate any direct recipient
    services for more than a 2-year period when such services
    are being provided in the governmental unit, but shall
    encourage, by financial support, the development of
    private agencies to deliver such needed services, pursuant
    to regulations of the board.
        (g) Where there are multiple boards within the same
    planning area, as established by the Department of Human
    Services, services may be purchased through a single
    delivery system. In such areas, a coordinating body with
    representation from each board shall be established to
    carry out the service functions of this Act. In the event
    any such coordinating body purchases or improves real
    property, such body shall first obtain the approval of the
    governing bodies of the governmental units in which the
    coordinating body is located.
        (h) The board may enter into multiple-year joint
    agreements with other governmental units located within
    the geographical area of the board. Such agreements shall
    be written and shall provide for the rendition of services
    by the board to the residents of such governmental units.
        (i) The board may enter into multiple-year joint
    agreements with federal, State, and local governments,
    including the Department of Human Services, whereby the
    board will provide certain services, the costs of which
    shall be negotiated between the Department and the board.
    This provision shall not be construed to limit the
    authority of the board to contract with other federal,
    State and local agencies. All such joint agreements must
    provide for the exchange of relevant data. However, nothing
    in this Act shall be construed to permit the abridgement of
    the confidentiality of patient records.
        (j) The board may receive gifts from private sources
    for purposes not inconsistent with the provisions of this
    Act.
        (k) The board may receive Federal, State and local
    funds for purposes not inconsistent with the provisions of
    this Act.
        (l) The board may establish scholarship programs. Such
    programs shall require equivalent service or reimbursement
    pursuant to regulations of the board.
        (m) The board may sell, rent, or lease real property
    for purposes consistent with this Act.
        (n) The board may: (i) own real property, lease real
    property as lessee, or acquire real property by purchase,
    construction, lease-purchase agreement, or otherwise; (ii)
    take title to the property in the board's name; (iii)
    borrow money and issue debt instruments, mortgages,
    purchase-money mortgages, and other security instruments
    with respect to the property; and (iv) maintain, repair,
    remodel, or improve the property. All of these activities
    must be for purposes consistent with this Act as may be
    reasonably necessary for the housing and proper
    functioning of the board. The board may use moneys in the
    Community Mental Health Fund for these purposes.
        (o) The board may organize a not-for-profit
    corporation (i) for the purpose of raising money to be
    distributed by the board for providing community mental
    health services and facilities for the treatment of
    alcoholism, drug addiction, developmental disabilities,
    and mental retardation or (ii) for other purposes not
    inconsistent with this Act.
(Source: P.A. 92-552, eff. 6-24-02.)
 
    (405 ILCS 20/3f)  (from Ch. 91 1/2, par. 303f)
    Sec. 3f. Annually, each community mental health board shall
prepare and submit, for informational purposes in the
appropriations process, to the appointing officer and
governing body referred to in Section 3a: (a) 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 (b) an
annual report 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 60 days of the close of that fiscal year. Such report
shall also include those matters set forth in Section 8 of this
Act.
(Source: P.A. 81-898.)
 
    (405 ILCS 20/4)  (from Ch. 91 1/2, par. 304)
    Sec. 4. In order to provide the necessary funds or to
supplement existing funds for such community mental health
facilities and services, including facilities and services for
the person with a developmental disability or a substance use
disorder and the substance abuser, the governing body of any
governmental unit, subject to the provisions of Section 5, may
levy an annual tax of not to exceed .15% upon all of the
taxable property in such governmental unit at the value
thereof, as equalized or assessed by the Department of Revenue.
Such tax shall be levied and collected in the same manner as
other governmental unit taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of
governmental unit taxes, but shall be in addition thereto and
in excess thereof.
    When collected, such tax shall be paid into a special fund
to be designated as the "Community Mental Health Fund" which
shall, upon authorization by the appropriate governmental
unit, be administered by the community mental health board and
used only for the purposes specified in this Act. Nothing
contained herein shall in any way preclude the use of other
funds available for such purposes under any existing Federal,
State or local statute. Interest earned from moneys deposited
in this Fund shall only be used for purposes which are
authorized by this Act.
    In any city, village, incorporated town, or township which
levies a tax for the purpose of providing community mental
health facilities and services and part or all of such city,
village, incorporated town, or township is in a county or
township, as the case may be, which levies a tax to provide
community mental health facilities and services under the
provisions of this Act, such county or township, as the case
may be, shall pay to such city, village, incorporated town, or
township, as the case may be, the entire amount collected from
taxes under this Section on property subject to a tax which any
city, village, incorporated town, or township thereof levies to
provide community mental health facilities and services.
    Whenever any city, village, incorporated town, or township
receives any payments from a county or township as provided
above, such city, village, incorporated town, or township shall
reduce and abate from the tax levied by the authority of this
Section a rate which would produce an amount equal to the
amount received from such county or township.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/5)  (from Ch. 91 1/2, par. 305)
    Sec. 5. When the governing body of a governmental unit
passes a resolution as provided in Section 4 asking that an
annual tax may be levied for the purpose of providing such
mental health facilities and services, including facilities
and services for the person with a developmental disability or
a substance use disorder and the substance abuser, in the
community and so instructs the clerk of the governmental unit
such clerk shall certify the proposition to the proper election
officials for submission at a regular election in accordance
with the general election law. The proposition shall be in the
following form:
-------------------------------------------------------------
    Shall............  (governmental
unit) levy an annual tax of not to               YES
exceed .15% for the purpose of providing
community mental health facilities and        ---------------
services including facilities and services
for the person with a developmental              NO
disability or a substance use disorder
and the substance abuser?
-------------------------------------------------------------
    If a majority of all the votes cast upon the proposition
are for the levy of such tax, the governing governmental body
of such governmental unit shall thereafter annually levy a tax
not to exceed the rate set forth in Section 4. Thereafter, the
governing body shall in the annual appropriation bill
appropriate from such funds such sum or sums of money as may be
deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and
the local mental health plan to defray necessary expenses and
liabilities in providing for such community mental health
facilities and services.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/6)  (from Ch. 91 1/2, par. 306)
    Sec. 6. Whenever the governing body of any governmental
unit has not provided the community mental health facilities
and services provided in Section 2 and levied the tax provided
in Section 4 and a petition signed by electors of the
governmental unit equal in number to at least 10% of the total
votes cast for the office which received the greatest total
number of votes at the last preceding general governmental unit
election is presented to the clerk of the governmental unit
requesting the establishment and maintenance of such community
mental health facilities and services, including facilities
and services for the person with a developmental disability or
a substance use disorder and the substance abuser, for
residents thereof and the levy of such an annual tax therefor,
the governing body of the governmental unit, subject to the
provisions of Section 7, shall establish and maintain such
community mental health facilities and services and shall levy
such an annual tax of not to exceed .15% upon all of the
taxable property in such governmental unit at the value
thereof, as equalized or assessed by the Department of Revenue.
Such tax shall be levied and collected in the same manner as
other governmental unit taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of
governmental unit taxes, but shall be in addition thereto and
in excess thereof.
    When collected, such tax shall be paid into a special fund
to be designated as the "Community Mental Health Fund" which
shall, upon authorization by the appropriate governmental
unit, be administered by the community mental health board and
used only for the purposes specified in this Act. Nothing
contained herein shall in any way preclude the use of other
funds available for such purposes under any existing Federal,
State or local statute. Interest earned from moneys deposited
in this Fund shall only be used for purposes which are
authorized by this Act.
    In any city, village, incorporated town, or township which
levies a tax for the purpose of providing community mental
health facilities and services and part or all of such city,
village, incorporated town, or township is in a county or
township, as the case may be, which levies a tax to provide
community mental health facilities and services under the
provisions of this Act, such county or township, as the case
may be, shall pay to such city, village, incorporated town, or
township, as the case may be, the entire amount collected from
taxes under this Section on property subject to a tax which any
city, village, incorporated town, or township thereof levies to
provide community mental health facilities and services.
    Whenever any city, village, incorporated town, or township
receives any payments from a county or township as provided
above, such city, village, incorporated town, or township shall
reduce and abate from the tax levied by the authority of this
Section a rate which would produce an amount equal to the
amount received from such county or township.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/7)  (from Ch. 91 1/2, par. 307)
    Sec. 7. When the petition provided for in Section 6 is
presented to the clerk of the governmental unit requesting the
establishment and maintenance of such mental health facilities
and services for residents of the community and the levy of
such an annual tax therefor, the clerk of the governmental unit
shall certify to the proper election officials the proposition
for the levy of such tax which shall be submitted at a regular
election in accordance with the general election law. The
proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall....................
(governmental unit) establish and
maintain community mental health           YES
facilities and services including
facilities and services for the        ----------------------
person with a developmental
disability or a substance                  NO
use disorder
and the substance
abuser and levy therefor an annual
tax of not to exceed .15%?
-------------------------------------------------------------
    If a majority of all the votes cast upon the proposition
are in favor thereof, the governing governmental body of such
governmental unit shall establish and maintain such community
mental health facilities and services and shall annually levy
such tax. Thereafter, the governing body shall in the annual
appropriation bill appropriate from such funds such sum or sums
of money as may be deemed necessary, based upon the community
mental health board's budget, the board's annual mental health
report, and the board's plan to defray necessary expenses and
liabilities in providing for such community mental health
facilities and services.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/9)  (from Ch. 91 1/2, par. 309)
    Sec. 9. Whenever electors, equal in number to at least 10%
of the total votes cast for the office on which the greatest
total number of votes were cast at the last preceding general
governmental unit election, of a governmental unit which has
adopted the taxing provisions of this Act, present a petition
to the clerk of the governmental unit, requesting that the
levying of a tax annually in such governmental unit for the
purpose of providing community mental health facilities and
services be discontinued, the clerk shall certify the
proposition to the proper election officials for submission at
a regular election in accordance with the general election law.
The proposition shall be substantially in the following form:
-------------------------------------------------------------
    Shall.... (governmental unit)
discontinue the levying of an annual tax for    YES
the purpose of providing community mental
health facilities and services including     ----------------
facilities and services for the
person with a developmental disability           NO
or a substance use disorder
and
the substance abuser?
-------------------------------------------------------------
    If a majority of all the votes cast upon the proposition
are for the discontinuance of the levying of such tax, the
governing body of the governmental unit shall not thereafter
levy such a tax unless a proposition authorizing such levy
again receives a majority of all the votes cast upon the
proposition as provided in Sections 5 and 7 of this Act.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/10)  (from Ch. 91 1/2, par. 310)
    Sec. 10. Whenever the board and the governing body of a
governmental unit by resolution determines that it is necessary
to issue bonds of the governmental unit to enable it to provide
buildings for or to make permanent improvements in the
community mental health facilities, including facilities for
the person with a developmental disability or a substance use
disorder and the substance abuser, the governing body shall so
instruct the clerk of the governmental unit. Thereupon, such
clerk shall certify the proposition to the proper election
officials who shall submit the proposition at a regular
election in accordance with the general election law. However,
before such resolution is adopted, a report must be filed with
the board and the governing body by the Department of Human
Services and the regional Health Systems Agency as to the
advisability of any proposed building or of any proposed
permanent improvements in existing facilities.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
 
    (405 ILCS 20/11)  (from Ch. 91 1/2, par. 311)
    Sec. 11. The proposition pursuant to Section 10 shall be in
the following form:
-------------------------------------------------------------
    Shall the.... (governmental unit) issue
bonds to the amount of.... dollars for the
purpose of enabling the governmental unit        YES
to.... (purpose to be stated, which shall
be either to provide buildings for or to     ----------------
make permanent improvements in the community
mental health facilities including facilities    NO
for the person with a developmental
disability or a substance use disorder
and the substance abuser)?
-------------------------------------------------------------
    In case a majority of the votes cast upon the propositions
shall be in favor of the issuance of such bonds, ; the governing
body of the governmental unit shall issue the bonds of the
governmental unit not exceeding the amount authorized at the
referendum. Such bonds shall become due not more than 40 years
after their date, shall be in denominations of $100 or any
multiple thereof, and shall bear interest, evidenced by
coupons, payable semi-annually, as shall be determined by the
governing body.
(Source: P.A. 88-380.)
 
    (405 ILCS 20/8.5 rep.)
    Section 10. The Community Mental Health Act is amended by
repealing Section 8.5.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    405 ILCS 20/1 from Ch. 91 1/2, par. 301
    405 ILCS 20/2 from Ch. 91 1/2, par. 302
    405 ILCS 20/3a from Ch. 91 1/2, par. 303a
    405 ILCS 20/3e from Ch. 91 1/2, par. 303e
    405 ILCS 20/3f from Ch. 91 1/2, par. 303f
    405 ILCS 20/4 from Ch. 91 1/2, par. 304
    405 ILCS 20/5 from Ch. 91 1/2, par. 305
    405 ILCS 20/6 from Ch. 91 1/2, par. 306
    405 ILCS 20/7 from Ch. 91 1/2, par. 307
    405 ILCS 20/9 from Ch. 91 1/2, par. 309
    405 ILCS 20/10 from Ch. 91 1/2, par. 310
    405 ILCS 20/11 from Ch. 91 1/2, par. 311
    405 ILCS 20/8.5 rep.

Effective Date: 8/21/2007