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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 Counties Code is amended by adding Section
5 5-1188 as follows:
6 (55 ILCS 5/5-1188 new)
7 Sec. 5-1188. Sangamon County rescue squad. The Sangamon
8 County Board may form, manage, fund, and operate a volunteer
9 rescue squad to provide assistance within Sangamon County to
10 any public entity providing law enforcement, firefighting,
11 emergency disaster response, or first responder services. The
12 volunteer rescue squad may (i) locate missing persons,
13 including drowning victims, (ii) perform a supporting, and not
14 direct, role in fighting fires, and (iii) extricate persons
15 from unsafe conditions. The Sangamon County Board may provide
16 benefits for rescue squad volunteers who suffer disease,
17 injury, or death in the line of duty.
18 Section 10. The Community Mental Health Act is amended by
19 changing 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
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1 annual tax under any of the provisions of this Act shall,
2 before it may levy such tax, establish a 7 member community
3 mental health board who shall administer this Act. Such board
4 shall be appointed by the chairman of the governing body of a
5 county, the mayor of a city, the president of a village, the
6 president of an incorporated town, or the supervisor of a
7 township, as the case may be, with the advice and consent of
8 the governing body of such county, city, village, incorporated
9 town or the town board of trustees of any township. Members of
10 the community mental health board shall be residents of the
11 government unit and, as nearly as possible, be representative
12 of interested groups of the community such as local health
13 departments, medical societies, local comprehensive health
14 planning agencies, hospital boards, lay associations concerned
15 with mental health, developmental disabilities and substance
16 abuse, as well as the general public. Only one member shall be
17 a member of the governing body, with the term of membership on
18 the board to run concurrently with the elected term of the
19 member. The chairman of the governing body may, upon the
20 request of the community mental health board, appoint 2
21 additional members to the community mental health board. No
22 member of the community mental health board may be a full-time
23 or part-time employee of the Department of Human Services or a
24 board member, employee or any other individual receiving
25 compensation from any facility or service operating under
26 contract to the board. If a successful referendum is held
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1 under Section 5 of this Act, all members of such board shall be
2 appointed within 60 days after the local election authority
3 certifies the passage of the referendum.
4 Home rule units are exempt from this Act. However, they
5 may, by ordinance, adopt the provisions of this Act, or any
6 portion thereof, that they may deem advisable.
7 The tax rate set forth in Section 4 may be levied by any
8 non-home rule unit only pursuant to the approval by the voters
9 at a referendum. Such referendum may have been held at any time
10 subsequent to the effective date of the Community Mental
11 Health 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
15 mental health board shall be for 4 years, provided, however,
16 that of the members first appointed, 2 shall be appointed for a
17 term of 2 years, 2 for a term of 3 years and 3 for a term of 4
18 years. All terms shall be measured from the first day of the
19 month year of appointment. Vacancies shall be filled for the
20 unexpired 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
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1 days after members are first appointed and within 30 days
2 after members are appointed or reappointed upon the expiration
3 of a member's term immediately after appointment, meet and
4 organize, by the election of one of its number as president and
5 one as secretary and such other officers as it may deem
6 necessary. It shall make rules and regulations concerning the
7 rendition or operation of services and facilities which it
8 directs, supervises or funds, not inconsistent with the
9 provisions 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
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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
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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
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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
16 powers:
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
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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
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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.
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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
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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
9 Freedom 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
13 passes a resolution as provided in Section 4 asking that an
14 annual tax may be levied for the purpose of providing such
15 mental health facilities and services, including facilities
16 and services for the person with a developmental disability or
17 a substance use disorder, in the community and so instructs
18 the clerk of the governmental unit such clerk shall certify
19 the proposition to the proper election officials for
20 submission at a regular election in accordance with the
21 general election law. The proposition shall be in the
22 following form:
23 -------------------------------------------------------------
24 Shall............ (governmental
25 unit) levy an annual tax of (not YES
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1 more than .15%) for the purpose of providing
2 community mental health facilities and ---------------
3 services including facilities and services
4 for persons the person with a developmental NO
5 disability or a substance use disorder?
6 -------------------------------------------------------------
7 (a-5) If the governmental unit is also subject to the
8 Property Tax Extension Limitation Law, then the proposition
9 shall also comply with the Property Tax Extension Limitation
10 Law. Notwithstanding any provision of this subsection, any
11 referendum imposing an annual tax on or after January 1, 1994
12 and prior to May 13, 2022 (the effective date of Public Act
13 102-839) this amendatory Act of the 102nd General Assembly
14 that complies with subsection (a) is hereby validated.
15 (b) If a majority of all the votes cast upon the
16 proposition are for the levy of such tax, the governing body of
17 such governmental unit shall thereafter annually levy a tax
18 not to exceed the rate set forth in Section 4. Thereafter, the
19 governing body shall in the annual appropriation bill
20 appropriate from such funds such sum or sums of money as may be
21 deemed necessary by the community mental health board, based
22 upon the community mental health board's budget, the board's
23 annual mental health report, and the local mental health plan
24 to defray necessary expenses and liabilities in providing for
25 such community mental health facilities and services.
26 (c) If the governing body of a governmental unit levies a
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1 tax under Section 4 of this Act and the rate specified in the
2 proposition under subsection (a) of this Section is less than
3 0.15%, then the governing body of the governmental unit may,
4 upon referendum approval, increase that rate to not more than
5 0.15%. The governing body shall instruct the clerk of the
6 governmental unit to certify the proposition to the proper
7 election officials for submission at a regular election in
8 accordance with the general election law. The proposition
9 shall 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
16 are for the increase of the tax, then the governing body of the
17 governmental unit may thereafter annually levy a tax not to
18 exceed the rate set forth in the referendum question.
19 (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
20 revised 8-25-22.)
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