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Public Act 103-0274
Public Act 0274 103RD GENERAL ASSEMBLY
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Public Act 103-0274
| | HB0475 Enrolled | LRB103 04045 AWJ 49051 b |
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| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Counties Code is amended by adding Section | 5-1188 as follows:
| (55 ILCS 5/5-1188 new) | Sec. 5-1188. Sangamon County rescue squad. The Sangamon | County Board may form, manage, fund, and operate a volunteer | rescue squad to provide assistance within Sangamon County to | any public entity providing law enforcement, firefighting, | emergency disaster response, or first responder services. The | volunteer rescue squad may (i) locate missing persons, | including drowning victims, (ii) perform a supporting, and not | direct, role in fighting fires, and (iii) extricate persons | from unsafe conditions. The Sangamon County Board may provide | benefits for rescue squad volunteers who suffer disease, | injury, or death in the line of duty.
| Section 10. The Community Mental Health Act is amended by | changing Sections 3a, 3b, 3e, and 5 as follows:
| (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, with the term of membership on | the board to run concurrently with the elected term of the | member.
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. If a successful referendum is
held |
| under Section 5 of this Act, all members of such board shall be
| appointed within 60 days after the local election authority | certifies the passage 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. 95-336, eff. 8-21-07.)
| (405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
| Sec. 3b.
The term of office of each member of the community | mental health
board shall be for 4 years, provided, however, | that of the members first
appointed, 2 shall be appointed for a | term of 2 years, 2 for a term of 3
years and 3 for a term of 4 | years. All terms shall be measured from the
first day of the | month year of appointment. Vacancies shall be filled for the
| unexpired term in the same manner as original appointments.
| (Source: Laws 1965, p. 1037.)
| (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, within 30 |
| days after members are first appointed and within 30 days | after members are appointed or reappointed upon the expiration | of a member's term 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. 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 intellectual | disabilities;
| (e) Authorize the disbursement of money from the | community mental health fund for payment for the ordinary | and contingent expenses of the board;
| (f) Submit to the appointing officer and the members | of the governing
body a written plan for a program of | community mental health services and
facilities for |
| persons with a mental illness, a
developmental
disability, | or a substance use disorder. 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.
| (g) 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)
Publish the annual budget and report
within 120
| days after the end of the fiscal year in a newspaper | distributed
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 to the | Department of Human Services and to members
of the General | Assembly whose districts include any part of the
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| 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) Consult with other appropriate private and public | agencies
in
the development of local plans for the most | efficient delivery of mental
health, developmental | disabilities, and substance use disorder 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)
Have the authority to 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,
including services for the | person with a
mental illness, a
developmental disability, | or a substance use disorder. The board may require funding | applicants to send a copy of their funding 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 to the funding
| applicant. 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. 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, subsection (f) of this Act;
| (k) Perform such other acts as may be necessary or | proper to carry
out the purposes of this Act.
| (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 employ, establish compensation for, and set |
| policies for its personnel, including legal counsel, as
| may be
necessary to carry out the purposes of this Act and | prescribe the duties thereof. 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
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. 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.
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| (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 intellectual disabilities or (ii) for
other purposes | not inconsistent with this Act. | (p) The board may fix a fiscal year for the board. | (q) The board has the responsibility to set, maintain, | and implement the budget. | Every board shall be subject to the requirements under the | Freedom of Information Act and the Open Meetings Act.
| (Source: P.A. 97-227, eff. 1-1-12.)
| (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
| Sec. 5. (a) 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, 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 YES
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| more than .15%) for the purpose of providing
| community mental health facilities and ---------------
| services including facilities and services
| for persons the person with a developmental NO
| disability or a substance use disorder?
| -------------------------------------------------------------
| (a-5) If the governmental unit is also subject to the | Property Tax Extension Limitation Law, then the proposition | shall also comply with the Property Tax Extension Limitation | Law. Notwithstanding any provision of this subsection, any | referendum imposing an annual tax on or after January 1, 1994 | and prior to May 13, 2022 (the effective date of Public Act | 102-839) this amendatory Act of the 102nd General Assembly | that complies with subsection (a) is hereby validated. | (b) If a majority of all the votes cast upon the | proposition are for the
levy of such tax, the governing
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 by the community mental health board, 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.
| (c) If the governing body of a governmental unit levies a |
| tax under Section 4 of this Act and the rate specified in the | proposition under subsection (a) of this Section is less than | 0.15%, then the governing body of the governmental unit may, | upon referendum approval, increase that rate to not more than | 0.15%. The governing body shall instruct the clerk of the | governmental unit to 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 the tax imposed by (governmental unit) for the | purpose of providing community mental health facilities | and services, including facilities and services for | persons with a developmental disability or substance use | disorder be increased to (not more than 0.15%)?" | If a majority of all the votes cast upon the proposition | are for the
increase of the tax, then the governing
body of the | governmental unit may
thereafter annually levy a tax not to | exceed the rate set forth in the referendum question. | (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22; | revised 8-25-22.)
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Effective Date: 1/1/2024
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