Illinois 2023-2024 Regular Session

Illinois House Bill HB0475 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0274
2	1		HB0475 EnrolledLRB103 04045 AWJ 49051 b HB0475 Enrolled LRB103 04045 AWJ 49051 b
3	2		HB0475 Enrolled LRB103 04045 AWJ 49051 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Counties Code is amended by adding Section
8		-	5-1188 as follows:
9		-	(55 ILCS 5/5-1188 new)
10		-	Sec. 5-1188. Sangamon County rescue squad. The Sangamon
11		-	County Board may form, manage, fund, and operate a volunteer
12		-	rescue squad to provide assistance within Sangamon County to
13		-	any public entity providing law enforcement, firefighting,
14		-	emergency disaster response, or first responder services. The
15		-	volunteer rescue squad may (i) locate missing persons,
16		-	including drowning victims, (ii) perform a supporting, and not
17		-	direct, role in fighting fires, and (iii) extricate persons
18		-	from unsafe conditions. The Sangamon County Board may provide
19		-	benefits for rescue squad volunteers who suffer disease,
20		-	injury, or death in the line of duty.
21		-	Section 10. The Community Mental Health Act is amended by
22		-	changing Sections 3a, 3b, 3e, and 5 as follows:
23		-	(405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
24		-	Sec. 3a. Every governmental unit authorized to levy an
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Counties Code is amended by adding Section
	7	+	5 5-1188 as follows:
	8	+	6 (55 ILCS 5/5-1188 new)
	9	+	7 Sec. 5-1188. Sangamon County rescue squad. The Sangamon
	10	+	8 County Board may form, manage, fund, and operate a volunteer
	11	+	9 rescue squad to provide assistance within Sangamon County to
	12	+	10 any public entity providing law enforcement, firefighting,
	13	+	11 emergency disaster response, or first responder services. The
	14	+	12 volunteer rescue squad may (i) locate missing persons,
	15	+	13 including drowning victims, (ii) perform a supporting, and not
	16	+	14 direct, role in fighting fires, and (iii) extricate persons
	17	+	15 from unsafe conditions. The Sangamon County Board may provide
	18	+	16 benefits for rescue squad volunteers who suffer disease,
	19	+	17 injury, or death in the line of duty.
	20	+	18 Section 10. The Community Mental Health Act is amended by
	21	+	19 changing Sections 3a, 3b, 3e, and 5 as follows:
	22	+	20 (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
	23	+	21 Sec. 3a. Every governmental unit authorized to levy an
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31		-	annual tax under any of the provisions of this Act shall,
32		-	before it may levy such tax, establish a 7 member community
33		-	mental health board who shall administer this Act. Such board
34		-	shall be appointed by the chairman of the governing body of a
35		-	county, the mayor of a city, the president of a village, the
36		-	president of an incorporated town, or the supervisor of a
37		-	township, as the case may be, with the advice and consent of
38		-	the governing body of such county, city, village, incorporated
39		-	town or the town board of trustees of any township. Members of
40		-	the community mental health board shall be residents of the
41		-	government unit and, as nearly as possible, be representative
42		-	of interested groups of the community such as local health
43		-	departments, medical societies, local comprehensive health
44		-	planning agencies, hospital boards, lay associations concerned
45		-	with mental health, developmental disabilities and substance
46		-	abuse, as well as the general public. Only one member shall be
47		-	a member of the governing body, with the term of membership on
48		-	the board to run concurrently with the elected term of the
49		-	member. The chairman of the governing body may, upon the
50		-	request of the community mental health board, appoint 2
51		-	additional members to the community mental health board. No
52		-	member of the community mental health board may be a full-time
53		-	or part-time employee of the Department of Human Services or a
54		-	board member, employee or any other individual receiving
55		-	compensation from any facility or service operating under
56		-	contract to the board. If a successful referendum is held
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	32	+	1 annual tax under any of the provisions of this Act shall,
	33	+	2 before it may levy such tax, establish a 7 member community
	34	+	3 mental health board who shall administer this Act. Such board
	35	+	4 shall be appointed by the chairman of the governing body of a
	36	+	5 county, the mayor of a city, the president of a village, the
	37	+	6 president of an incorporated town, or the supervisor of a
	38	+	7 township, as the case may be, with the advice and consent of
	39	+	8 the governing body of such county, city, village, incorporated
	40	+	9 town or the town board of trustees of any township. Members of
	41	+	10 the community mental health board shall be residents of the
	42	+	11 government unit and, as nearly as possible, be representative
	43	+	12 of interested groups of the community such as local health
	44	+	13 departments, medical societies, local comprehensive health
	45	+	14 planning agencies, hospital boards, lay associations concerned
	46	+	15 with mental health, developmental disabilities and substance
	47	+	16 abuse, as well as the general public. Only one member shall be
	48	+	17 a member of the governing body, with the term of membership on
	49	+	18 the board to run concurrently with the elected term of the
	50	+	19 member. The chairman of the governing body may, upon the
	51	+	20 request of the community mental health board, appoint 2
	52	+	21 additional members to the community mental health board. No
	53	+	22 member of the community mental health board may be a full-time
	54	+	23 or part-time employee of the Department of Human Services or a
	55	+	24 board member, employee or any other individual receiving
	56	+	25 compensation from any facility or service operating under
	57	+	26 contract to the board. If a successful referendum is held
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59		-	under Section 5 of this Act, all members of such board shall be
60		-	appointed within 60 days after the local election authority
61		-	certifies the passage of the referendum.
62		-	Home rule units are exempt from this Act. However, they
63		-	may, by ordinance, adopt the provisions of this Act, or any
64		-	portion thereof, that they may deem advisable.
65		-	The tax rate set forth in Section 4 may be levied by any
66		-	non-home rule unit only pursuant to the approval by the voters
67		-	at a referendum. Such referendum may have been held at any time
68		-	subsequent to the effective date of the Community Mental
69		-	Health Act.
70		-	(Source: P.A. 95-336, eff. 8-21-07.)
71		-	(405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
72		-	Sec. 3b. The term of office of each member of the community
73		-	mental health board shall be for 4 years, provided, however,
74		-	that of the members first appointed, 2 shall be appointed for a
75		-	term of 2 years, 2 for a term of 3 years and 3 for a term of 4
76		-	years. All terms shall be measured from the first day of the
77		-	month year of appointment. Vacancies shall be filled for the
78		-	unexpired term in the same manner as original appointments.
79		-	(Source: Laws 1965, p. 1037.)
80		-	(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
81		-	Sec. 3e. Board's powers and duties.
82		-	(1) Every community mental health board shall, within 30
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85		-	days after members are first appointed and within 30 days
86		-	after members are appointed or reappointed upon the expiration
87		-	of a member's term immediately after appointment, meet and
88		-	organize, by the election of one of its number as president and
89		-	one as secretary and such other officers as it may deem
90		-	necessary. It shall make rules and regulations concerning the
91		-	rendition or operation of services and facilities which it
92		-	directs, supervises or funds, not inconsistent with the
93		-	provisions of this Act. It shall:
94		-	(a) Hold a meeting prior to July 1 of each year at
95		-	which officers shall be elected for the ensuing year
96		-	beginning July 1;
97		-	(b) Hold meetings at least quarterly;
98		-	(c) Hold special meetings upon a written request
99		-	signed by at least 2 members and filed with the secretary;
100		-	(d) Review and evaluate community mental health
101		-	services and facilities, including services and facilities
102		-	for the treatment of alcoholism, drug addiction,
103		-	developmental disabilities, and intellectual
104		-	disabilities;
105		-	(e) Authorize the disbursement of money from the
106		-	community mental health fund for payment for the ordinary
107		-	and contingent expenses of the board;
108		-	(f) Submit to the appointing officer and the members
109		-	of the governing body a written plan for a program of
110		-	community mental health services and facilities for
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113		-	~~persons with a mental illness,~~ ~~a developmental disability,~~
114		-	~~or a substance use disorder.~~ ~~Such plan shall be for the~~
115		-	~~ensuing 12 month period.~~ ~~In addition~~, ~~a plan~~ shall be
116		-	~~developed for~~ the ~~ensuing 3 year period and such plan~~
117		-	~~shall be reviewed at~~ the ~~end~~ of ~~every 12 month period and~~
118		-	~~shall be modified as deemed advisable~~.
119		-	~~(g) Within amounts appropriated therefor~~, ~~execute such~~
120		-	~~programs and maintain such services and facilities as~~ may
121		-	be ~~authorized under such appropriations, including amounts~~
122		-	~~appropriated under bond issues,~~ ~~if any;~~
123		-	~~(h) Publish the annual budget and report within 120~~
124		-	~~days after~~ the ~~end~~ of the ~~fiscal year in a newspaper~~
125		-	~~distributed within the jurisdiction of the board, or, if~~
126		-	~~no newspaper is published within the jurisdiction of the~~
127		-	~~board~~, ~~then one published in the county, or, if no~~
128		-	~~newspaper is published in~~ the ~~county, then in a newspaper~~
129		-	~~having general circulation within the jurisdiction of the~~
130		-	~~board.~~ The ~~report~~ shall ~~show the condition of its trust of~~
131		-	~~that year,~~ ~~the sums~~ of ~~money received from all sources,~~
132		-	~~giving~~ the ~~name~~ of ~~any donor, how all monies have been~~
133		-	~~expended and~~ for ~~what purpose, and such other statistics~~
134		-	~~and program information~~ in ~~regard to~~ the ~~work of the board~~
135		-	~~as it may deem of general interest~~. ~~A copy of the budget~~
136		-	~~and the annual report shall be made available to the~~
137		-	~~Department of Human Services~~ and ~~to members of the General~~
138		-	~~Assembly whose districts include any part of the~~
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	68	+	1 under Section 5 of this Act, all members of such board shall be
	69	+	2 appointed within 60 days after the local election authority
	70	+	3 certifies the passage of the referendum.
	71	+	4 Home rule units are exempt from this Act. However, they
	72	+	5 may, by ordinance, adopt the provisions of this Act, or any
	73	+	6 portion thereof, that they may deem advisable.
	74	+	7 The tax rate set forth in Section 4 may be levied by any
	75	+	8 non-home rule unit only pursuant to the approval by the voters
	76	+	9 at a referendum. Such referendum may have been held at any time
	77	+	10 subsequent to the effective date of the Community Mental
	78	+	11 Health Act.
	79	+	12 (Source: P.A. 95-336, eff. 8-21-07.)
	80	+	13 (405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
	81	+	14 Sec. 3b. The term of office of each member of the community
	82	+	15 mental health board shall be for 4 years, provided, however,
	83	+	16 that of the members first appointed, 2 shall be appointed for a
	84	+	17 term of 2 years, 2 for a term of 3 years and 3 for a term of 4
	85	+	18 years. All terms shall be measured from the first day of the
	86	+	19 month year of appointment. Vacancies shall be filled for the
	87	+	20 unexpired term in the same manner as original appointments.
	88	+	21 (Source: Laws 1965, p. 1037.)
	89	+	22 (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
	90	+	23 Sec. 3e. Board's powers and duties.
	91	+	24 (1) Every community mental health board shall, within 30
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141		-	jurisdiction of such board. The names of all employees,
142		-	consultants, and other personnel shall be set forth along
143		-	with the amounts of money received;
144		-	(i) Consult with other appropriate private and public
145		-	agencies in the development of local plans for the most
146		-	efficient delivery of mental health, developmental
147		-	disabilities, and substance use disorder services. The
148		-	Board is authorized to join and to participate in the
149		-	activities of associations organized for the purpose of
150		-	promoting more efficient and effective services and
151		-	programs;
152		-	(j) Have the authority to review and comment on all
153		-	applications for grants by any person, corporation, or
154		-	governmental unit providing services within the
155		-	geographical area of the board which provides mental
156		-	health facilities and services, including services for the
157		-	person with a mental illness, a developmental disability,
158		-	or a substance use disorder. The board may require funding
159		-	applicants to send a copy of their funding application to
160		-	the board at the time such application is submitted to the
161		-	Department of Human Services or to any other local, State
162		-	or federal funding source or governmental agency. Within
163		-	60 days of the receipt of any application, the board shall
164		-	submit its review and comments to the Department of Human
165		-	Services or to any other appropriate local, State or
166		-	federal funding source or governmental agency. A copy of
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169		-	the review and comments shall be submitted to the funding
170		-	applicant. Within 60 days thereafter, the Department of
171		-	Human Services or any other appropriate local or State
172		-	governmental agency shall issue a written response to the
173		-	board and the funding applicant. The Department of Human
174		-	Services shall supply any community mental health board
175		-	such information about purchase-of-care funds, State
176		-	facility utilization, and costs in its geographical area
177		-	as the board may request provided that the information
178		-	requested is for the purpose of the Community Mental
179		-	Health Board complying with the requirements of Section
180		-	3f, subsection (f) of this Act;
181		-	(k) Perform such other acts as may be necessary or
182		-	proper to carry out the purposes of this Act.
183		-	(2) The community mental health board has the following
184		-	powers:
185		-	(a) The board may enter into multiple-year contracts
186		-	for rendition or operation of services, facilities and
187		-	educational programs.
188		-	(b) The board may arrange through intergovernmental
189		-	agreements or intragovernmental agreements or both for the
190		-	rendition of services and operation of facilities by other
191		-	agencies or departments of the governmental unit or county
192		-	in which the governmental unit is located with the
193		-	approval of the governing body.
194		-	(c) To employ, establish compensation for, and set
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197		-	policies for its personnel, including legal counsel, as
198		-	may be necessary to carry out the purposes of this Act and
199		-	prescribe the duties thereof. The board may enter into
200		-	multiple-year employment contracts as may be necessary for
201		-	the recruitment and retention of personnel and the proper
202		-	functioning of the board.
203		-	(d) The board may enter into multiple-year joint
204		-	agreements, which shall be written, with other mental
205		-	health boards and boards of health to provide jointly
206		-	agreed upon community mental health facilities and
207		-	services and to pool such funds as may be deemed necessary
208		-	and available for this purpose.
209		-	(e) The board may organize a not-for-profit
210		-	corporation for the purpose of providing direct recipient
211		-	services. Such corporations shall have, in addition to all
212		-	other lawful powers, the power to contract with persons to
213		-	furnish services for recipients of the corporation's
214		-	facilities, including psychiatrists and other physicians
215		-	licensed in this State to practice medicine in all of its
216		-	branches. Such physicians shall be considered independent
217		-	contractors, and liability for any malpractice shall not
218		-	extend to such corporation, nor to the community mental
219		-	health board, except for gross negligence in entering into
220		-	such a contract.
221		-	(f) The board shall not operate any direct recipient
222		-	services for more than a 2-year period when such services
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	102	+	1 days after members are first appointed and within 30 days
	103	+	2 after members are appointed or reappointed upon the expiration
	104	+	3 of a member's term immediately after appointment, meet and
	105	+	4 organize, by the election of one of its number as president and
	106	+	5 one as secretary and such other officers as it may deem
	107	+	6 necessary. It shall make rules and regulations concerning the
	108	+	7 rendition or operation of services and facilities which it
	109	+	8 directs, supervises or funds, not inconsistent with the
	110	+	9 provisions of this Act. It shall:
	111	+	10 (a) Hold a meeting prior to July 1 of each year at
	112	+	11 which officers shall be elected for the ensuing year
	113	+	12 beginning July 1;
	114	+	13 (b) Hold meetings at least quarterly;
	115	+	14 (c) Hold special meetings upon a written request
	116	+	15 signed by at least 2 members and filed with the secretary;
	117	+	16 (d) Review and evaluate community mental health
	118	+	17 services and facilities, including services and facilities
	119	+	18 for the treatment of alcoholism, drug addiction,
	120	+	19 developmental disabilities, and intellectual
	121	+	20 disabilities;
	122	+	21 (e) Authorize the disbursement of money from the
	123	+	22 community mental health fund for payment for the ordinary
	124	+	23 and contingent expenses of the board;
	125	+	24 (f) Submit to the appointing officer and the members
	126	+	25 of the governing body a written plan for a program of
	127	+	26 community mental health services and facilities for
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225		-	are being provided in the governmental unit, but shall
226		-	encourage, by financial support, the development of
227		-	private agencies to deliver such needed services, pursuant
228		-	to regulations of the board.
229		-	(g) Where there are multiple boards within the same
230		-	planning area, as established by the Department of Human
231		-	Services, services may be purchased through a single
232		-	delivery system. In such areas, a coordinating body with
233		-	representation from each board shall be established to
234		-	carry out the service functions of this Act. In the event
235		-	any such coordinating body purchases or improves real
236		-	property, such body shall first obtain the approval of the
237		-	governing bodies of the governmental units in which the
238		-	coordinating body is located.
239		-	(h) The board may enter into multiple-year joint
240		-	agreements with other governmental units located within
241		-	the geographical area of the board. Such agreements shall
242		-	be written and shall provide for the rendition of services
243		-	by the board to the residents of such governmental units.
244		-	(i) The board may enter into multiple-year joint
245		-	agreements with federal, State, and local governments,
246		-	including the Department of Human Services, whereby the
247		-	board will provide certain services. All such joint
248		-	agreements must provide for the exchange of relevant data.
249		-	However, nothing in this Act shall be construed to permit
250		-	the abridgement of the confidentiality of patient records.
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253		-	(j) The board may receive gifts from private sources
254		-	for purposes not inconsistent with the provisions of this
255		-	Act.
256		-	(k) The board may receive Federal, State and local
257		-	funds for purposes not inconsistent with the provisions of
258		-	this Act.
259		-	(l) The board may establish scholarship programs. Such
260		-	programs shall require equivalent service or reimbursement
261		-	pursuant to regulations of the board.
262		-	(m) The board may sell, rent, or lease real property
263		-	for purposes consistent with this Act.
264		-	(n) The board may: (i) own real property, lease real
265		-	property as lessee, or acquire real property by purchase,
266		-	construction, lease-purchase agreement, or otherwise; (ii)
267		-	take title to the property in the board's name; (iii)
268		-	borrow money and issue debt instruments, mortgages,
269		-	purchase-money mortgages, and other security instruments
270		-	with respect to the property; and (iv) maintain, repair,
271		-	remodel, or improve the property. All of these activities
272		-	must be for purposes consistent with this Act as may be
273		-	reasonably necessary for the housing and proper
274		-	functioning of the board. The board may use moneys in the
275		-	Community Mental Health Fund for these purposes.
276		-	(o) The board may organize a not-for-profit
277		-	corporation (i) for the purpose of raising money to be
278		-	distributed by the board for providing community mental
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281		-	health services and facilities for the treatment of
282		-	alcoholism, drug addiction, developmental disabilities,
283		-	and intellectual disabilities or (ii) for other purposes
284		-	not inconsistent with this Act.
285		-	(p) The board may fix a fiscal year for the board.
286		-	(q) The board has the responsibility to set, maintain,
287		-	and implement the budget.
288		-	Every board shall be subject to the requirements under the
289		-	Freedom of Information Act and the Open Meetings Act.
290		-	(Source: P.A. 97-227, eff. 1-1-12.)
291		-	(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
292		-	Sec. 5. (a) When the governing body of a governmental unit
293		-	passes a resolution as provided in Section 4 asking that an
294		-	annual tax may be levied for the purpose of providing such
295		-	mental health facilities and services, including facilities
296		-	and services for the person with a developmental disability or
297		-	a substance use disorder, in the community and so instructs
298		-	the clerk of the governmental unit such clerk shall certify
299		-	the proposition to the proper election officials for
300		-	submission at a regular election in accordance with the
301		-	general election law. The proposition shall be in the
302		-	following form:
303		-	-------------------------------------------------------------
304		-	Shall............ (governmental
305		-	unit) levy an annual tax of (not YES
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	138	+	1 persons with a mental illness, a developmental disability,
	139	+	2 or a substance use disorder. Such plan shall be for the
	140	+	3 ensuing 12 month period. In addition, a plan shall be
	141	+	4 developed for the ensuing 3 year period and such plan
	142	+	5 shall be reviewed at the end of every 12 month period and
	143	+	6 shall be modified as deemed advisable.
	144	+	7 (g) Within amounts appropriated therefor, execute such
	145	+	8 programs and maintain such services and facilities as may
	146	+	9 be authorized under such appropriations, including amounts
	147	+	10 appropriated under bond issues, if any;
	148	+	11 (h) Publish the annual budget and report within 120
	149	+	12 days after the end of the fiscal year in a newspaper
	150	+	13 distributed within the jurisdiction of the board, or, if
	151	+	14 no newspaper is published within the jurisdiction of the
	152	+	15 board, then one published in the county, or, if no
	153	+	16 newspaper is published in the county, then in a newspaper
	154	+	17 having general circulation within the jurisdiction of the
	155	+	18 board. The report shall show the condition of its trust of
	156	+	19 that year, the sums of money received from all sources,
	157	+	20 giving the name of any donor, how all monies have been
	158	+	21 expended and for what purpose, and such other statistics
	159	+	22 and program information in regard to the work of the board
	160	+	23 as it may deem of general interest. A copy of the budget
	161	+	24 and the annual report shall be made available to the
	162	+	25 Department of Human Services and to members of the General
	163	+	26 Assembly whose districts include any part of the
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308		-	more than .15%) for the purpose of providing
309		-	community mental health facilities and ---------------
310		-	services including facilities and services
311		-	for persons the person with a developmental NO
312		-	disability or a substance use disorder?
313		-	-------------------------------------------------------------
314		-	(a-5) If the governmental unit is also subject to the
315		-	Property Tax Extension Limitation Law, then the proposition
316		-	shall also comply with the Property Tax Extension Limitation
317		-	Law. Notwithstanding any provision of this subsection, any
318		-	referendum imposing an annual tax on or after January 1, 1994
319		-	and prior to May 13, 2022 (the effective date of Public Act
320		-	102-839) this amendatory Act of the 102nd General Assembly
321		-	that complies with subsection (a) is hereby validated.
322		-	(b) If a majority of all the votes cast upon the
323		-	proposition are for the levy of such tax, the governing body of
324		-	such governmental unit shall thereafter annually levy a tax
325		-	not to exceed the rate set forth in Section 4. Thereafter, the
326		-	governing body shall in the annual appropriation bill
327		-	appropriate from such funds such sum or sums of money as may be
328		-	deemed necessary by the community mental health board, based
329		-	upon the community mental health board's budget, the board's
330		-	annual mental health report, and the local mental health plan
331		-	to defray necessary expenses and liabilities in providing for
332		-	such community mental health facilities and services.
333		-	(c) If the governing body of a governmental unit levies a
334	166
335	167
336		-	tax under Section 4 of this Act and the rate specified in the
337		-	proposition under subsection (a) of this Section is less than
338		-	0.15%, then the governing body of the governmental unit may,
339		-	upon referendum approval, increase that rate to not more than
340		-	0.15%. The governing body shall instruct the clerk of the
341		-	governmental unit to certify the proposition to the proper
342		-	election officials for submission at a regular election in
343		-	accordance with the general election law. The proposition
344		-	shall be in the following form:
345		-	"Shall the tax imposed by (governmental unit) for the
346		-	purpose of providing community mental health facilities
347		-	and services, including facilities and services for
348		-	persons with a developmental disability or substance use
349		-	disorder be increased to (not more than 0.15%)?"
350		-	If a majority of all the votes cast upon the proposition
351		-	are for the increase of the tax, then the governing body of the
352		-	governmental unit may thereafter annually levy a tax not to
353		-	exceed the rate set forth in the referendum question.
354		-	(Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
355		-	revised 8-25-22.)
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	174	+	1 jurisdiction of such board. The names of all employees,
	175	+	2 consultants, and other personnel shall be set forth along
	176	+	3 with the amounts of money received;
	177	+	4 (i) Consult with other appropriate private and public
	178	+	5 agencies in the development of local plans for the most
	179	+	6 efficient delivery of mental health, developmental
	180	+	7 disabilities, and substance use disorder services. The
	181	+	8 Board is authorized to join and to participate in the
	182	+	9 activities of associations organized for the purpose of
	183	+	10 promoting more efficient and effective services and
	184	+	11 programs;
	185	+	12 (j) Have the authority to review and comment on all
	186	+	13 applications for grants by any person, corporation, or
	187	+	14 governmental unit providing services within the
	188	+	15 geographical area of the board which provides mental
	189	+	16 health facilities and services, including services for the
	190	+	17 person with a mental illness, a developmental disability,
	191	+	18 or a substance use disorder. The board may require funding
	192	+	19 applicants to send a copy of their funding application to
	193	+	20 the board at the time such application is submitted to the
	194	+	21 Department of Human Services or to any other local, State
	195	+	22 or federal funding source or governmental agency. Within
	196	+	23 60 days of the receipt of any application, the board shall
	197	+	24 submit its review and comments to the Department of Human
	198	+	25 Services or to any other appropriate local, State or
	199	+	26 federal funding source or governmental agency. A copy of
	200	+
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	210	+	1 the review and comments shall be submitted to the funding
	211	+	2 applicant. Within 60 days thereafter, the Department of
	212	+	3 Human Services or any other appropriate local or State
	213	+	4 governmental agency shall issue a written response to the
	214	+	5 board and the funding applicant. The Department of Human
	215	+	6 Services shall supply any community mental health board
	216	+	7 such information about purchase-of-care funds, State
	217	+	8 facility utilization, and costs in its geographical area
	218	+	9 as the board may request provided that the information
	219	+	10 requested is for the purpose of the Community Mental
	220	+	11 Health Board complying with the requirements of Section
	221	+	12 3f, subsection (f) of this Act;
	222	+	13 (k) Perform such other acts as may be necessary or
	223	+	14 proper to carry out the purposes of this Act.
	224	+	15 (2) The community mental health board has the following
	225	+	16 powers:
	226	+	17 (a) The board may enter into multiple-year contracts
	227	+	18 for rendition or operation of services, facilities and
	228	+	19 educational programs.
	229	+	20 (b) The board may arrange through intergovernmental
	230	+	21 agreements or intragovernmental agreements or both for the
	231	+	22 rendition of services and operation of facilities by other
	232	+	23 agencies or departments of the governmental unit or county
	233	+	24 in which the governmental unit is located with the
	234	+	25 approval of the governing body.
	235	+	26 (c) To employ, establish compensation for, and set
	236	+
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	246	+	1 policies for its personnel, including legal counsel, as
	247	+	2 may be necessary to carry out the purposes of this Act and
	248	+	3 prescribe the duties thereof. The board may enter into
	249	+	4 multiple-year employment contracts as may be necessary for
	250	+	5 the recruitment and retention of personnel and the proper
	251	+	6 functioning of the board.
	252	+	7 (d) The board may enter into multiple-year joint
	253	+	8 agreements, which shall be written, with other mental
	254	+	9 health boards and boards of health to provide jointly
	255	+	10 agreed upon community mental health facilities and
	256	+	11 services and to pool such funds as may be deemed necessary
	257	+	12 and available for this purpose.
	258	+	13 (e) The board may organize a not-for-profit
	259	+	14 corporation for the purpose of providing direct recipient
	260	+	15 services. Such corporations shall have, in addition to all
	261	+	16 other lawful powers, the power to contract with persons to
	262	+	17 furnish services for recipients of the corporation's
	263	+	18 facilities, including psychiatrists and other physicians
	264	+	19 licensed in this State to practice medicine in all of its
	265	+	20 branches. Such physicians shall be considered independent
	266	+	21 contractors, and liability for any malpractice shall not
	267	+	22 extend to such corporation, nor to the community mental
	268	+	23 health board, except for gross negligence in entering into
	269	+	24 such a contract.
	270	+	25 (f) The board shall not operate any direct recipient
	271	+	26 services for more than a 2-year period when such services
	272	+
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	282	+	1 are being provided in the governmental unit, but shall
	283	+	2 encourage, by financial support, the development of
	284	+	3 private agencies to deliver such needed services, pursuant
	285	+	4 to regulations of the board.
	286	+	5 (g) Where there are multiple boards within the same
	287	+	6 planning area, as established by the Department of Human
	288	+	7 Services, services may be purchased through a single
	289	+	8 delivery system. In such areas, a coordinating body with
	290	+	9 representation from each board shall be established to
	291	+	10 carry out the service functions of this Act. In the event
	292	+	11 any such coordinating body purchases or improves real
	293	+	12 property, such body shall first obtain the approval of the
	294	+	13 governing bodies of the governmental units in which the
	295	+	14 coordinating body is located.
	296	+	15 (h) The board may enter into multiple-year joint
	297	+	16 agreements with other governmental units located within
	298	+	17 the geographical area of the board. Such agreements shall
	299	+	18 be written and shall provide for the rendition of services
	300	+	19 by the board to the residents of such governmental units.
	301	+	20 (i) The board may enter into multiple-year joint
	302	+	21 agreements with federal, State, and local governments,
	303	+	22 including the Department of Human Services, whereby the
	304	+	23 board will provide certain services. All such joint
	305	+	24 agreements must provide for the exchange of relevant data.
	306	+	25 However, nothing in this Act shall be construed to permit
	307	+	26 the abridgement of the confidentiality of patient records.
	308	+
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	318	+	1 (j) The board may receive gifts from private sources
	319	+	2 for purposes not inconsistent with the provisions of this
	320	+	3 Act.
	321	+	4 (k) The board may receive Federal, State and local
	322	+	5 funds for purposes not inconsistent with the provisions of
	323	+	6 this Act.
	324	+	7 (l) The board may establish scholarship programs. Such
	325	+	8 programs shall require equivalent service or reimbursement
	326	+	9 pursuant to regulations of the board.
	327	+	10 (m) The board may sell, rent, or lease real property
	328	+	11 for purposes consistent with this Act.
	329	+	12 (n) The board may: (i) own real property, lease real
	330	+	13 property as lessee, or acquire real property by purchase,
	331	+	14 construction, lease-purchase agreement, or otherwise; (ii)
	332	+	15 take title to the property in the board's name; (iii)
	333	+	16 borrow money and issue debt instruments, mortgages,
	334	+	17 purchase-money mortgages, and other security instruments
	335	+	18 with respect to the property; and (iv) maintain, repair,
	336	+	19 remodel, or improve the property. All of these activities
	337	+	20 must be for purposes consistent with this Act as may be
	338	+	21 reasonably necessary for the housing and proper
	339	+	22 functioning of the board. The board may use moneys in the
	340	+	23 Community Mental Health Fund for these purposes.
	341	+	24 (o) The board may organize a not-for-profit
	342	+	25 corporation (i) for the purpose of raising money to be
	343	+	26 distributed by the board for providing community mental
	344	+
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	354	+	1 health services and facilities for the treatment of
	355	+	2 alcoholism, drug addiction, developmental disabilities,
	356	+	3 and intellectual disabilities or (ii) for other purposes
	357	+	4 not inconsistent with this Act.
	358	+	5 (p) The board may fix a fiscal year for the board.
	359	+	6 (q) The board has the responsibility to set, maintain,
	360	+	7 and implement the budget.
	361	+	8 Every board shall be subject to the requirements under the
	362	+	9 Freedom of Information Act and the Open Meetings Act.
	363	+	10 (Source: P.A. 97-227, eff. 1-1-12.)
	364	+	11 (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
	365	+	12 Sec. 5. (a) When the governing body of a governmental unit
	366	+	13 passes a resolution as provided in Section 4 asking that an
	367	+	14 annual tax may be levied for the purpose of providing such
	368	+	15 mental health facilities and services, including facilities
	369	+	16 and services for the person with a developmental disability or
	370	+	17 a substance use disorder, in the community and so instructs
	371	+	18 the clerk of the governmental unit such clerk shall certify
	372	+	19 the proposition to the proper election officials for
	373	+	20 submission at a regular election in accordance with the
	374	+	21 general election law. The proposition shall be in the
	375	+	22 following form:
	376	+	23 -------------------------------------------------------------
	377	+	24 Shall............ (governmental
	378	+	25 unit) levy an annual tax of (not YES
	379	+
	380	+
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	382	+
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	389	+	1 more than .15%) for the purpose of providing
	390	+	2 community mental health facilities and ---------------
	391	+	3 services including facilities and services
	392	+	4 for persons the person with a developmental NO
	393	+	5 disability or a substance use disorder?
	394	+	6 -------------------------------------------------------------
	395	+	7 (a-5) If the governmental unit is also subject to the
	396	+	8 Property Tax Extension Limitation Law, then the proposition
	397	+	9 shall also comply with the Property Tax Extension Limitation
	398	+	10 Law. Notwithstanding any provision of this subsection, any
	399	+	11 referendum imposing an annual tax on or after January 1, 1994
	400	+	12 and prior to May 13, 2022 (the effective date of Public Act
	401	+	13 102-839) this amendatory Act of the 102nd General Assembly
	402	+	14 that complies with subsection (a) is hereby validated.
	403	+	15 (b) If a majority of all the votes cast upon the
	404	+	16 proposition are for the levy of such tax, the governing body of
	405	+	17 such governmental unit shall thereafter annually levy a tax
	406	+	18 not to exceed the rate set forth in Section 4. Thereafter, the
	407	+	19 governing body shall in the annual appropriation bill
	408	+	20 appropriate from such funds such sum or sums of money as may be
	409	+	21 deemed necessary by the community mental health board, based
	410	+	22 upon the community mental health board's budget, the board's
	411	+	23 annual mental health report, and the local mental health plan
	412	+	24 to defray necessary expenses and liabilities in providing for
	413	+	25 such community mental health facilities and services.
	414	+	26 (c) If the governing body of a governmental unit levies a
	415	+
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	425	+	1 tax under Section 4 of this Act and the rate specified in the
	426	+	2 proposition under subsection (a) of this Section is less than
	427	+	3 0.15%, then the governing body of the governmental unit may,
	428	+	4 upon referendum approval, increase that rate to not more than
	429	+	5 0.15%. The governing body shall instruct the clerk of the
	430	+	6 governmental unit to certify the proposition to the proper
	431	+	7 election officials for submission at a regular election in
	432	+	8 accordance with the general election law. The proposition
	433	+	9 shall be in the following form:
	434	+	10 "Shall the tax imposed by (governmental unit) for the
	435	+	11 purpose of providing community mental health facilities
	436	+	12 and services, including facilities and services for
	437	+	13 persons with a developmental disability or substance use
	438	+	14 disorder be increased to (not more than 0.15%)?"
	439	+	15 If a majority of all the votes cast upon the proposition
	440	+	16 are for the increase of the tax, then the governing body of the
	441	+	17 governmental unit may thereafter annually levy a tax not to
	442	+	18 exceed the rate set forth in the referendum question.
	443	+	19 (Source: P.A. 102-839, eff. 5-13-22; 102-935, eff. 7-1-22;
	444	+	20 revised 8-25-22.)
	445	+
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