97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3546

 

Introduced 2/8/2012, by Sen. Steven M. Landek

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Community Mental Health Act. Defines "community mental health board". Provides that a county mental health board shall, at the expiration of each fiscal year, prepare a statement of its receipts and expenditures including moneys paid out as compensation for personal services, giving the name of each individual to whom paid and the total amount paid to each person. Provides for the publication of the statement, except the name or address of any person to whom child support or maintenance was paid in accordance with a court order requiring the withholding of child support or maintenance from an employee's wages. Provides that any public officer, or any publisher, subject to the Act, failing, neglecting, or refusing to discharge any duty imposed upon him or her by the Act shall, for each offense, forfeit the sum of not less than $25 nor more than $500 to be recovered in a civil action in the name of the People of the State of Illinois for the use of any person who may sue for the same. Provides that any public officer, including any county collector or any county treasurer, or any publisher, subject to the provisions of this Act, failing, neglecting, or refusing to discharge any duty imposed upon him or her by the Act is guilty of a Class A misdemeanor.


LRB097 19642 RLC 64896 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3546LRB097 19642 RLC 64896 b

1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community Mental Health Act is amended by
5changing Sections 1 and 3f and by adding Sections 3f-1, 3f-2,
63f-2.1, 3f-3, 3f-3.1, 3f-4, 3f-4.1, 3f-5, and 3f-6 as follows:
 
7    (405 ILCS 20/1)  (from Ch. 91 1/2, par. 301)
8    Sec. 1. As used in this Act:
9    "Community mental health board" means a board established
10by a community, municipality, or township for the purposes of
11planning and distributing local tax moneys toward mental
12health, developmental disability, and substance abuse
13services.
14    "Direct recipient services" means only those services
15required to carry out a completed individualized treatment plan
16that is is signed by a service recipient or legal guardian.
17Crisis assessment and stabilization services are excluded,
18although these services may be anticipated in a treatment plan.
19    "Governmental unit" means any county, city, village,
20incorporated town, or township.
21    "Person with a developmental disability" means any person
22or persons so diagnosed and as defined in the Mental Health and
23Developmental Disabilities Code. Community mental health

 

 

SB3546- 2 -LRB097 19642 RLC 64896 b

1boards operating under this Act may in their jurisdiction, by a
2majority vote, add to the definition of "person with a
3developmental disability".
4    "Mental illness" has the meaning ascribed to that term in
5the Mental Health and Developmental Disabilities Code.
6Community mental health boards operating under this Act may in
7their jurisdiction, by a majority vote, add to the definition
8of "mental illness".
9    "Substance use disorder" encompasses substance abuse,
10dependence, and addiction, not inconsistent with federal or
11State definitions.
12(Source: P.A. 95-336, eff. 8-21-07; revised 11-18-11.)
 
13    (405 ILCS 20/3f)  (from Ch. 91 1/2, par. 303f)
14    Sec. 3f. Annually, each community mental health board,
15except for those included in Section 3f-1 of this Act, shall
16prepare and submit, for informational purposes in the
17appropriations process, to the appointing officer and
18governing body referred to in Section 3a: (a) an annual budget
19showing the estimated receipts and intended disbursements
20pursuant to this Act for the fiscal year immediately following
21the date the budget is submitted, which date must be at least
2230 days prior to the start of the fiscal year, and (b) an
23annual report detailing the income received and disbursements
24made pursuant to this Act during the fiscal year just preceding
25the date the annual report is submitted, which date must be

 

 

SB3546- 3 -LRB097 19642 RLC 64896 b

1within 90 days of the close of that fiscal year. Such report
2shall also include those matters set forth in Section 8 of this
3Act.
4(Source: P.A. 95-336, eff. 8-21-07.)
 
5    (405 ILCS 20/3f-1 new)
6    Sec. 3f-1. County mental health board; financial
7statement. Each county mental health board shall, at the
8expiration of each fiscal year, prepare a statement:
9    (1) of all moneys received and from what sources received,
10giving items, particulars, and details;
11    (2) except as provided in paragraph (3) of this Section, of
12all moneys paid out where the total amount paid during the
13fiscal year exceeds $2,500 in the aggregate, giving the name of
14each individual to whom paid and the amount paid to each
15person;
16    (3) of all moneys paid out as compensation for personal
17services, giving the name of each individual to whom paid and
18the total amount paid to each person, except that any public
19officer may elect to report the compensation for personal
20services of all personnel by name, listing each employee in one
21of the following categories:
22        (A) under $25,000;
23        (B) $25,000 to $49,999.99;
24        (C) $50,000 to $74,999.99;
25        (D) $75,000 to $99,999.99;

 

 

SB3546- 4 -LRB097 19642 RLC 64896 b

1        (E) $100,000 to $124,999.99; or
2        (F) $125,000 and over; and
3    (4) a summary statement of operations for all funds and
4account groups.
5    The statement shall be subscribed and sworn to by the
6county mental health board making the statement and, within 6
7months after the expiration of that fiscal year, shall be filed
8in the office of the county clerk of the county in which the
9public officer resides.
 
10    (405 ILCS 20/3f-2 new)
11    Sec. 3f-2. Publication of statement. Except as provided in
12Section 3f-2.1, the public officer shall also, within 6 months
13after the expiration of the fiscal year, cause a true, complete
14and correct copy of the statement to be published one time in
15an English language newspaper published in the town, district,
16or municipality in which the public officer holds his or her
17office, or, if no newspaper is published in the town, district,
18or municipality, then in a newspaper printed in the English
19language published in the county in which the public officer
20holds his or her office. However, the publication requirement
21do not apply to any county funds or county offices or funds or
22offices of other units of local government when an audit of
23those funds or offices has been made by a certified public
24accountant and a report of the audit has been filed with the
25appropriate county board or county clerk and a notice of the

 

 

SB3546- 5 -LRB097 19642 RLC 64896 b

1availability of the audit report has been published one time in
2an English language newspaper published in the town, district,
3or municipality in which that public officer holds his or her
4office, or, if no newspaper is published in the town, district,
5or municipality, then in a newspaper printed in the English
6language published in the county in which that public officer
7holds his or her office. The notice of availability shall
8include, at a minimum, the time period covered by the audit,
9the name of the firm conducting the audit, and the address and
10business hours of the location where the audit report may be
11publicly inspected.
 
12    (405 ILCS 20/3f-2.1 new)
13    Sec. 3f-2.1. Non-disclosure of the names and addresses of
14persons to whom child support or maintenance was paid. In any
15statement prepared and published under Sections 3f-1 and 3f-2
16of this Act, a public officer may not disclose the name or
17address of any person to whom child support or maintenance was
18paid in accordance with a court order requiring the withholding
19of child support or maintenance from an employee's wages.
 
20    (405 ILCS 20/3f-3 new)
21    Sec. 3f-3. Certificate of publication. The publisher of the
22newspaper in which a copy of the statement is published shall,
23within 10 days after the publication of the statement, file in
24the office of the county clerk a certificate of the publication

 

 

SB3546- 6 -LRB097 19642 RLC 64896 b

1with a printed copy of the statement attached, stating the
2number of times which the same shall have been published, and
3the dates of the first and last papers containing the same.
 
4    (405 ILCS 20/3f-3.1 new)
5    Sec. 3f-3.1. Counties having a population under 500,000. In
6counties having a population of less than 500,000, if any
7public officer in the discharge of his or her official duties,
8receives all or any part of his or her funds from the county
9collector, the county treasurer, or the township collector, and
10if the county treasurer determines, by reviewing documents
11filed with the county clerk under Section 3 of this Act, that
12the public officer has failed to comply with Section 2 of this
13Act, then the county treasurer shall withhold the payment to
14that public officer of any and all funds until the public
15officer has complied with Section 2 of this Act.
 
16    (405 ILCS 20/3f-4 new)
17    Sec. 3f-4. Cost of publication. The cost of the publication
18shall be paid out of the funds of the county, district,
19municipality, or other body in which the officer holds office.
 
20    (405 ILCS 20/3f-4.1 new)
21    Sec. 3f-4.1. Nonapplicability to school districts. This
22Act does not apply to any school board or school district which
23is subject to Section 10-17 of the School Code, nor does this

 

 

SB3546- 7 -LRB097 19642 RLC 64896 b

1Act apply to the treasurer or any other officer of any school
2board or school district.
 
3    (405 ILCS 20/3f-5 new)
4    Sec. 3f-5. Civil action. Any public officer, or any
5publisher, subject to this Act, failing, neglecting or refusing
6to discharge any duty imposed upon him or her by this Act
7shall, for each offense, forfeit the sum of not less than $25
8nor more than $500 to be recovered in a civil action in the
9name of the People of the State of Illinois for the use of any
10person who may sue for the same.
 
11    (405 ILCS 20/3f-6 new)
12    Sec. 3f-6. Sentence. In addition to the civil penalty
13provided for in Section 3f-5, any public officer, including any
14county collector or any county treasurer, or any publisher,
15subject to this Act, failing, neglecting, or refusing to
16discharge any duty imposed upon him or her by this Act is
17guilty of a Class A misdemeanor.

 

 

SB3546- 8 -LRB097 19642 RLC 64896 b

1 INDEX
2 Statutes amended in order of appearance
3    405 ILCS 20/1from Ch. 91 1/2, par. 301
4    405 ILCS 20/3ffrom Ch. 91 1/2, par. 303f
5    405 ILCS 20/3f-1 new
6    405 ILCS 20/3f-2 new
7    405 ILCS 20/3f-2.1 new
8    405 ILCS 20/3f-3 new
9    405 ILCS 20/3f-3.1 new
10    405 ILCS 20/3f-4 new
11    405 ILCS 20/3f-4.1 new
12    405 ILCS 20/3f-5 new
13    405 ILCS 20/3f-6 new