Bill Text: IL SB0078 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Community Mental Health Act. Authorizes any public library district to construct, repair, operate, maintain, and regulate community mental health facilities. Provides that a public library district authorized to levy an annual tax under the Act shall establish a community mental health board whose members are appointed by the president of the public library district's board of trustees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-17 - Referred to Assignments [SB0078 Detail]

Download: Illinois-2025-SB0078-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0078 Introduced 1/17/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
405 ILCS 20/1 from Ch. 91 1/2, par. 301
405 ILCS 20/2 from Ch. 91 1/2, par. 302
405 ILCS 20/3 from Ch. 91 1/2, par. 303
405 ILCS 20/3a from Ch. 91 1/2, par. 303a
405 ILCS 20/8 from Ch. 91 1/2, par. 308
Amends the Community Mental Health Act. Authorizes any public library district to construct, repair, operate, maintain, and regulate community mental health facilities. Provides that a public library district authorized to levy an annual tax under the Act shall establish a community mental health board whose members are appointed by the president of the public library district's board of trustees.
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A BILL FOR
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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, 2, 3, 3a, and 8 as follows:
(405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
Sec. 1. As used in this Act:
"Direct recipient services" means only those services
required to carry out a completed individualized treatment
plan that 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 public library district,
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.

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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. 97-813, eff. 7-13-12.)
(405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
Sec. 2. Any public library district, county, city,
village, incorporated town, township, public health district,
county health department, multiple-county health department,
school district or any combination thereof, in consultation
with and being advised by the Department of Human Services,
shall have the power to construct, repair, operate, maintain
and regulate community mental health facilities to provide
mental health services as defined by the local community
mental health board, including services for, persons with a
developmental disability or substance use disorder, for
residents thereof and/or to contract therefor with any private
or public entity which provides such facilities and services,
either in or without such county, city, village, incorporated
town, township, public health district, county health
department, multiple-county health department, school district
or any combination thereof.
(Source: P.A. 95-336, eff. 8-21-07.)

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(405 ILCS 20/3) (from Ch. 91 1/2, par. 303)
Sec. 3. Any such public library district, county, city,
village, incorporated town, township, public health district,
county health department, multiple-county health department,
school district, community mental health board or any
combination thereof, may accept donations of property and
funds for the purposes specified in this Act.
(Source: P.A. 81-898.)
(405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
Sec. 3a. Every governmental unit authorized to levy an
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 president of the public library
district's board of trustees, 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 public library
district, county, city, village, incorporated town or the town
board of trustees of any township, except in any county with a
county executive form of government, if applicable, the county
executive shall appoint the board with the advice and consent
of the county board. Members of the community mental health

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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, local
comprehensive health planning agencies, hospital boards, lay
associations concerned with mental health, developmental
disabilities and substance abuse, and individuals with
professional or lived expertise in mental health,
developmental disabilities, and substance abuse. General
public representation may also be considered for appointment
when there are gaps in board duties and qualifications that
cannot be filled from the above stated categories. 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. If a
community mental health board has been established by a county
with a population of less than 500,000 and the community

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mental health board is funded in whole or in part by a special
mental health sales tax described in paragraph (4) of
subsection (a) of Section 5-1006.5 of the Counties Code, the
largest municipality in the county with at least 125,000
residents may appoint 2 additional members to the board. The
members shall be appointed by the mayor of the municipality
with the advice and consent of the municipality's governing
body.
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. 103-274, eff. 1-1-24; 103-565, eff. 11-17-23;
103-592, eff. 6-7-24.)
(405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
Sec. 8. The Secretary of Human Services may make
grants-in-aid to such public library district, county, city,
village, incorporated town, township, public health district,
county health department, multiple-county health department,
school district or any combination thereof in accordance with
the provisions of Section 34 of the Mental Health and

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