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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Community Mental Health Act is amended by
5 changing 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
8 annual tax under any of the provisions of this Act shall,
9 before it may levy such tax, establish a 7 member community
10 mental health board who shall administer this Act. Such board
11 shall be appointed by the chairman of the governing body of a
12 county, the mayor of a city, the president of a village, the
13 president of an incorporated town, or the supervisor of a
14 township, as the case may be, with the advice and consent of
15 the governing body of such county, city, village, incorporated
16 town or the town board of trustees of any township. Members of
17 the community mental health board shall be residents of the
18 government unit and, as nearly as possible, be representative
19 of interested groups of the community such as local health
20 departments, medical societies, local comprehensive health
21 planning agencies, hospital boards, lay associations concerned
22 with mental health, developmental disabilities and substance
23 abuse, as well as the general public. Only one member shall be
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1 a member of the governing body. The chairman of the governing
2 body may, upon the request of the community mental health
3 board, appoint 2 additional members to the community mental
4 health board. No member of the community mental health board
5 may be a full-time or part-time employee of the Department of
6 Human Services or a board member, employee or any other
7 individual receiving compensation from any facility or service
8 operating under contract to the board. If a successful
9 referendum is held under Section 5 of this Act, all members of
10 such board shall be appointed within 60 days after the local
11 election authority certifies the passage of the referendum.
12 Home rule units are exempt from this Act. However, they
13 may, by ordinance, adopt the provisions of this Act, or any
14 portion thereof, that they may deem advisable.
15 The tax rate set forth in Section 4 may be levied by any
16 non-home rule unit only pursuant to the approval by the voters
17 at a referendum. Such referendum may have been held at any time
18 subsequent to the effective date of the Community Mental
19 Health Act.
20 (Source: P.A. 95-336, eff. 8-21-07.)
21 (405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
22 Sec. 3b. The term of office of each member of the community
23 mental health board shall be for 4 years, provided, however,
24 that of the members first appointed, 2 shall be appointed for a
25 term of 2 years, 2 for a term of 3 years and 3 for a term of 4
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1 years. All terms shall be measured from the first day of the
2 month year of appointment. Vacancies shall be filled for the
3 unexpired term in the same manner as original appointments.
4 (Source: Laws 1965, p. 1037.)
5 (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
6 Sec. 3e. Board's powers and duties.
7 (1) Every community mental health board shall, within 30
8 days after members are first appointed and within 30 days
9 after members are appointed or reappointed upon the expiration
10 of a member's term immediately after appointment, meet and
11 organize, by the election of one of its number as president and
12 one as secretary and such other officers as it may deem
13 necessary. It shall make rules and regulations concerning the
14 rendition or operation of services and facilities which it
15 directs, supervises or funds, not inconsistent with the
16 provisions of this Act. It shall:
17 (a) Hold a meeting prior to July 1 of each year at
18 which officers shall be elected for the ensuing year
19 beginning July 1;
20 (b) Hold meetings at least quarterly;
21 (c) Hold special meetings upon a written request
22 signed by at least 2 members and filed with the secretary;
23 (d) Review and evaluate community mental health
24 services and facilities, including services and facilities
25 for the treatment of alcoholism, drug addiction,
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1 developmental disabilities, and intellectual
2 disabilities;
3 (e) Authorize the disbursement of money from the
4 community mental health fund for payment for the ordinary
5 and contingent expenses of the board;
6 (f) Submit to the appointing officer and the members
7 of the governing body a written plan for a program of
8 community mental health services and facilities for
9 persons with a mental illness, a developmental disability,
10 or a substance use disorder. Such plan shall be for the
11 ensuing 12 month period. In addition, a plan shall be
12 developed for the ensuing 3 year period and such plan
13 shall be reviewed at the end of every 12 month period and
14 shall be modified as deemed advisable.
15 (g) Within amounts appropriated therefor, execute such
16 programs and maintain such services and facilities as may
17 be authorized under such appropriations, including amounts
18 appropriated under bond issues, if any;
19 (h) Publish the annual budget and report within 120
20 days after the end of the fiscal year in a newspaper
21 distributed within the jurisdiction of the board, or, if
22 no newspaper is published within the jurisdiction of the
23 board, then one published in the county, or, if no
24 newspaper is published in the county, then in a newspaper
25 having general circulation within the jurisdiction of the
26 board. The report shall show the condition of its trust of
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1 that year, the sums of money received from all sources,
2 giving the name of any donor, how all monies have been
3 expended and for what purpose, and such other statistics
4 and program information in regard to the work of the board
5 as it may deem of general interest. A copy of the budget
6 and the annual report shall be made available to the
7 Department of Human Services and to members of the General
8 Assembly whose districts include any part of the
9 jurisdiction of such board. The names of all employees,
10 consultants, and other personnel shall be set forth along
11 with the amounts of money received;
12 (i) Consult with other appropriate private and public
13 agencies in the development of local plans for the most
14 efficient delivery of mental health, developmental
15 disabilities, and substance use disorder services. The
16 Board is authorized to join and to participate in the
17 activities of associations organized for the purpose of
18 promoting more efficient and effective services and
19 programs;
20 (j) Have the authority to review and comment on all
21 applications for grants by any person, corporation, or
22 governmental unit providing services within the
23 geographical area of the board which provides mental
24 health facilities and services, including services for the
25 person with a mental illness, a developmental disability,
26 or a substance use disorder. The board may require funding
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1 applicants to send a copy of their funding application to
2 the board at the time such application is submitted to the
3 Department of Human Services or to any other local, State
4 or federal funding source or governmental agency. Within
5 60 days of the receipt of any application, the board shall
6 submit its review and comments to the Department of Human
7 Services or to any other appropriate local, State or
8 federal funding source or governmental agency. A copy of
9 the review and comments shall be submitted to the funding
10 applicant. Within 60 days thereafter, the Department of
11 Human Services or any other appropriate local or State
12 governmental agency shall issue a written response to the
13 board and the funding applicant. The Department of Human
14 Services shall supply any community mental health board
15 such information about purchase-of-care funds, State
16 facility utilization, and costs in its geographical area
17 as the board may request provided that the information
18 requested is for the purpose of the Community Mental
19 Health Board complying with the requirements of Section
20 3f, subsection (f) of this Act;
21 (k) Perform such other acts as may be necessary or
22 proper to carry out the purposes of this Act.
23 (2) The community mental health board has the following
24 powers:
25 (a) The board may enter into multiple-year contracts
26 for rendition or operation of services, facilities and
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1 educational programs.
2 (b) The board may arrange through intergovernmental
3 agreements or intragovernmental agreements or both for the
4 rendition of services and operation of facilities by other
5 agencies or departments of the governmental unit or county
6 in which the governmental unit is located with the
7 approval of the governing body.
8 (c) To employ, establish compensation for, and set
9 policies for its personnel, including legal counsel, as
10 may be necessary to carry out the purposes of this Act and
11 prescribe the duties thereof. The board may enter into
12 multiple-year employment contracts as may be necessary for
13 the recruitment and retention of personnel and the proper
14 functioning of the board.
15 (d) The board may enter into multiple-year joint
16 agreements, which shall be written, with other mental
17 health boards and boards of health to provide jointly
18 agreed upon community mental health facilities and
19 services and to pool such funds as may be deemed necessary
20 and available for this purpose.
21 (e) The board may organize a not-for-profit
22 corporation for the purpose of providing direct recipient
23 services. Such corporations shall have, in addition to all
24 other lawful powers, the power to contract with persons to
25 furnish services for recipients of the corporation's
26 facilities, including psychiatrists and other physicians
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1 licensed in this State to practice medicine in all of its
2 branches. Such physicians shall be considered independent
3 contractors, and liability for any malpractice shall not
4 extend to such corporation, nor to the community mental
5 health board, except for gross negligence in entering into
6 such a contract.
7 (f) The board shall not operate any direct recipient
8 services for more than a 2-year period when such services
9 are being provided in the governmental unit, but shall
10 encourage, by financial support, the development of
11 private agencies to deliver such needed services, pursuant
12 to regulations of the board.
13 (g) Where there are multiple boards within the same
14 planning area, as established by the Department of Human
15 Services, services may be purchased through a single
16 delivery system. In such areas, a coordinating body with
17 representation from each board shall be established to
18 carry out the service functions of this Act. In the event
19 any such coordinating body purchases or improves real
20 property, such body shall first obtain the approval of the
21 governing bodies of the governmental units in which the
22 coordinating body is located.
23 (h) The board may enter into multiple-year joint
24 agreements with other governmental units located within
25 the geographical area of the board. Such agreements shall
26 be written and shall provide for the rendition of services
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1 by the board to the residents of such governmental units.
2 (i) The board may enter into multiple-year joint
3 agreements with federal, State, and local governments,
4 including the Department of Human Services, whereby the
5 board will provide certain services. All such joint
6 agreements must provide for the exchange of relevant data.
7 However, nothing in this Act shall be construed to permit
8 the abridgement of the confidentiality of patient records.
9 (j) The board may receive gifts from private sources
10 for purposes not inconsistent with the provisions of this
11 Act.
12 (k) The board may receive Federal, State and local
13 funds for purposes not inconsistent with the provisions of
14 this Act.
15 (l) The board may establish scholarship programs. Such
16 programs shall require equivalent service or reimbursement
17 pursuant to regulations of the board.
18 (m) The board may sell, rent, or lease real property
19 for purposes consistent with this Act.
20 (n) The board may: (i) own real property, lease real
21 property as lessee, or acquire real property by purchase,
22 construction, lease-purchase agreement, or otherwise; (ii)
23 take title to the property in the board's name; (iii)
24 borrow money and issue debt instruments, mortgages,
25 purchase-money mortgages, and other security instruments
26 with respect to the property; and (iv) maintain, repair,
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1 remodel, or improve the property. All of these activities
2 must be for purposes consistent with this Act as may be
3 reasonably necessary for the housing and proper
4 functioning of the board. The board may use moneys in the
5 Community Mental Health Fund for these purposes.
6 (o) The board may organize a not-for-profit
7 corporation (i) for the purpose of raising money to be
8 distributed by the board for providing community mental
9 health services and facilities for the treatment of
10 alcoholism, drug addiction, developmental disabilities,
11 and intellectual disabilities or (ii) for other purposes
12 not inconsistent with this Act.
13 (p) The board may fix a fiscal year for the board.
14 Every board shall be subject to the requirements under the
15 Freedom of Information Act and the Open Meetings Act.
16 (Source: P.A. 97-227, eff. 1-1-12.)
17 (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
18 Sec. 5. (a) When the governing body of a governmental unit
19 passes a resolution as provided in Section 4 asking that an
20 annual tax may be levied for the purpose of providing such
21 mental health facilities and services, including facilities
22 and services for the person with a developmental disability or
23 a substance use disorder, in the community and so instructs
24 the clerk of the governmental unit such clerk shall certify
25 the proposition to the proper election officials for
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1 submission at a regular election in accordance with the
2 general election law. The proposition shall be in the
3 following form:
4 -------------------------------------------------------------
5 Shall............ (governmental
6 unit) levy an annual tax of (not YES
7 more than .15%) for the purpose of providing
8 community mental health facilities and ---------------
9 services including facilities and services
10 for persons the person with a developmental NO
11 disability or a substance use disorder?
12 -------------------------------------------------------------
13 (a-5) If the governmental unit is also subject to the
14 Property Tax Extension Limitation Law, then the proposition
15 shall also comply with the Property Tax Extension Limitation
16 Law. Notwithstanding any provision of this subsection, any
17 referendum imposing an annual tax on or after January 1, 1994
18 and prior to May 13, 2022 (the effective date of Public Act
19 102-839) this amendatory Act of the 102nd General Assembly
20 that complies with subsection (a) is hereby validated.
21 (b) If a majority of all the votes cast upon the
22 proposition are for the levy of such tax, the governing body of
23 such governmental unit shall thereafter annually levy a tax,
24 as deemed necessary by the community mental health board, not
25 to exceed the rate set forth in Section 4. Thereafter, the
26 governing body shall in the annual appropriation bill
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1 appropriate from such funds such sum or sums of money as may be
2 deemed necessary by the community mental health board, based
3 upon the community mental health board's budget, the board's
4 annual mental health report, and the local mental health plan
5 to defray necessary expenses and liabilities in providing for
6 such community mental health facilities and services.
7 (c) If the governing body of a governmental unit levies a
8 tax under Section 4 of this Act and the rate specified in the
9 proposition under subsection (a) of this Section is less than
10 0.15%, then the governing body of the governmental unit may,
11 upon referendum approval, increase that rate to not more than
12 0.15%. The governing body shall instruct the clerk of the
13 governmental unit to certify the proposition to the proper
14 election officials for submission at a regular election in
15 accordance with the general election law. The proposition
16 shall 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
23 are for the increase of the tax, then the governing body of the
24 governmental unit may thereafter annually levy a tax not to
25 exceed 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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1 revised 8-25-22.)
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