SB3546 97TH GENERAL ASSEMBLY

LRB097 19642 RLC 64896 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning mental health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Community Mental Health Act is amended by changing Sections 1 and 3f and by adding Sections 3f-1, 3f-2, 3f-2.1, 3f-3, 3f-3.1, 3f-4, 3f-4.1, 3f-5, and 3f-6 as follows:

(405 ILCS 20/1) (from Ch. 91 1/2, par. 301)

Sec. 1. As used in this Act:

"Community mental health board" means a board established by a community, municipality, or township for the purposes of planning and distributing local tax moneys toward mental health, developmental disability, and substance abuse services.

"Direct recipient services" means only those services required to carry out a completed individualized treatment plan that is is signed by a service recipient or legal guardian. Crisis assessment and stabilization services are excluded, although these services may be anticipated in a treatment plan.

"Governmental unit" means any county, city, village, incorporated town, or township.

"Person with a developmental disability" means any person or persons so diagnosed and as defined in the Mental Health and Developmental Disabilities Code. Community mental health boards operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "person with a developmental disability".

"Mental illness" has the meaning ascribed to that term in the Mental Health and Developmental Disabilities Code. Community mental health boards operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "mental illness".

"Substance use disorder" encompasses substance abuse, dependence, and addiction, not inconsistent with federal or State definitions.

(Source: P.A. 95-336, eff. 8-21-07; revised 11-18-11.)

(405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f)

Sec. 3f. Annually, each community mental health board, except for those included in Section 3f-1 of this Act, shall prepare and submit, for informational purposes in the appropriations process, to the appointing officer and governing body referred to in Section 3a: (a) an annual budget showing the estimated receipts and intended disbursements pursuant to this Act for the fiscal year immediately following the date the budget is submitted, which date must be at least 30 days prior to the start of the fiscal year, and (b) an annual report detailing the income received and disbursements made pursuant to this Act during the fiscal year just preceding the date the annual report is submitted, which date must be within 90 days of the close of that fiscal year. Such report shall also include those matters set forth in Section 8 of this Act.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/3f-1 new)

Sec. 3f-1. County mental health board; financial statement. Each county mental health board shall, at the expiration of each fiscal year, prepare a statement:

(1) of all moneys received and from what sources received, giving items, particulars, and details;

(2) except as provided in paragraph (3) of this Section, of all moneys paid out where the total amount paid during the fiscal year exceeds $2,500 in the aggregate, giving the name of each individual to whom paid and the amount paid to each person;

(3) of all 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, except that any public officer may elect to report the compensation for personal services of all personnel by name, listing each employee in one of the following categories:

(A) under $25,000;

(B) $25,000 to $49,999.99;

(C) $50,000 to $74,999.99;

(D) $75,000 to $99,999.99;

(E) $100,000 to $124,999.99; or

(F) $125,000 and over; and

(4) a summary statement of operations for all funds and account groups.

The statement shall be subscribed and sworn to by the county mental health board making the statement and, within 6 months after the expiration of that fiscal year, shall be filed in the office of the county clerk of the county in which the public officer resides.

(405 ILCS 20/3f-2 new)

Sec. 3f-2. Publication of statement. Except as provided in Section 3f-2.1, the public officer shall also, within 6 months after the expiration of the fiscal year, cause a true, complete and correct copy of the statement to be published one time in an English language newspaper published in the town, district, or municipality in which the public officer holds his or her office, or, if no newspaper is published in the town, district, or municipality, then in a newspaper printed in the English language published in the county in which the public officer holds his or her office. However, the publication requirement do not apply to any county funds or county offices or funds or offices of other units of local government when an audit of those funds or offices has been made by a certified public accountant and a report of the audit has been filed with the appropriate county board or county clerk and a notice of the availability of the audit report has been published one time in an English language newspaper published in the town, district, or municipality in which that public officer holds his or her office, or, if no newspaper is published in the town, district, or municipality, then in a newspaper printed in the English language published in the county in which that public officer holds his or her office. The notice of availability shall include, at a minimum, the time period covered by the audit, the name of the firm conducting the audit, and the address and business hours of the location where the audit report may be publicly inspected.

(405 ILCS 20/3f-2.1 new)

Sec. 3f-2.1. Non-disclosure of the names and addresses of persons to whom child support or maintenance was paid. In any statement prepared and published under Sections 3f-1 and 3f-2 of this Act, a public officer may not disclose 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.

(405 ILCS 20/3f-3 new)

Sec. 3f-3. Certificate of publication. The publisher of the newspaper in which a copy of the statement is published shall, within 10 days after the publication of the statement, file in the office of the county clerk a certificate of the publication with a printed copy of the statement attached, stating the number of times which the same shall have been published, and the dates of the first and last papers containing the same.

(405 ILCS 20/3f-3.1 new)

Sec. 3f-3.1. Counties having a population under 500,000. In counties having a population of less than 500,000, if any public officer in the discharge of his or her official duties, receives all or any part of his or her funds from the county collector, the county treasurer, or the township collector, and if the county treasurer determines, by reviewing documents filed with the county clerk under Section 3 of this Act, that the public officer has failed to comply with Section 2 of this Act, then the county treasurer shall withhold the payment to that public officer of any and all funds until the public officer has complied with Section 2 of this Act.

(405 ILCS 20/3f-4 new)

Sec. 3f-4. Cost of publication. The cost of the publication shall be paid out of the funds of the county, district, municipality, or other body in which the officer holds office.

(405 ILCS 20/3f-4.1 new)

Sec. 3f-4.1. Nonapplicability to school districts. This Act does not apply to any school board or school district which is subject to Section 10-17 of the School Code, nor does this Act apply to the treasurer or any other officer of any school board or school district.

(405 ILCS 20/3f-5 new)

Sec. 3f-5. Civil action. Any public officer, or any publisher, subject to this Act, failing, neglecting or refusing to discharge any duty imposed upon him or her by this 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.

(405 ILCS 20/3f-6 new)

Sec. 3f-6. Sentence. In addition to the civil penalty provided for in Section 3f-5, any public officer, including any county collector or any county treasurer, or any publisher, subject to this Act, failing, neglecting, or refusing to discharge any duty imposed upon him or her by this Act is guilty of a Class A misdemeanor.