Public Act 103-0274
HB0475 EnrolledLRB103 04045 AWJ 49051 b HB0475 Enrolled LRB103 04045 AWJ 49051 b
HB0475 Enrolled LRB103 04045 AWJ 49051 b
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
HB0475 Enrolled LRB103 04045 AWJ 49051 b
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
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.
(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:
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Shall............ (governmental
unit) levy an annual tax of (not YES
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?
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(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.)