(70 ILCS 910/15)
(from Ch. 23, par. 1265)
A Hospital District shall constitute a municipal
corporation and body politic separate and apart from any other
municipality, the State of Illinois or any other public or governmental
agency and shall have and exercise the following governmental powers,
and all other powers incidental, necessary, convenient, or desirable to
carry out and effectuate such express powers.
1. To establish and maintain a hospital and hospital facilities
within or outside its corporate limits, and to construct, acquire,
develop, expand, extend and improve any such hospital or hospital facility.
If a Hospital District utilizes its authority to levy a tax pursuant to
Section 20 of this Act for the purpose of establishing and maintaining
hospitals or hospital facilities, such District shall be prohibited from
establishing and maintaining hospitals or hospital facilities located
outside of its district unless so authorized by referendum. To approve
the provision of any service and to approve any contract or other
arrangement not prohibited by a hospital licensed under the Hospital
Licensing Act, incorporated under the General Not-For-Profit Corporation
Act, and exempt from taxation under paragraph (3) of subsection (c) of
Section 501 of the Internal Revenue Code.
2. To acquire land in fee simple, rights in land and easements upon,
over or across land and leasehold interests in land and tangible and
intangible personal property used or useful for the location,
establishment, maintenance, development, expansion, extension or
improvement of any such hospital or hospital facility. Such acquisition
may be by dedication, purchase, gift, agreement, lease, use or adverse
possession or by condemnation.
3. To operate, maintain and manage such hospital and hospital
facility, and to make and enter into contracts for the use, operation or
management of and to provide rules and regulations for the operation,
management or use of such hospital or hospital facility.
Such contracts may include the lease by the District of all or any portion
of its facilities to a not-for-profit corporation organized by the District's
board of directors. The rent to be paid pursuant to any such lease shall
be in an amount deemed appropriate by the board of directors. Any of the
remaining assets which are not the subject of such a lease may be conveyed
and transferred to the not-for-profit corporation organized by the
District's board of directors provided that the not-for-profit corporation
agrees to discharge or assume such debts, liabilities, and obligations of the
District as determined to be appropriate by the District's board of directors.
4. To fix, charge and collect reasonable fees and compensation for
the use or occupancy of such hospital or any part thereof, or any
hospital facility, and for nursing care, medicine, attendance, or other
services furnished by such hospital or hospital facilities, according to
the rules and regulations prescribed by the board from time to time.
5. To borrow money and to issue general obligation bonds, revenue
bonds, notes, certificates, or other evidences of indebtedness for the
purpose of accomplishing any of its corporate purposes, subject to
compliance with any conditions or limitations set forth in this Act
or the Health Facilities Planning Act or otherwise provided by the
constitution of the State of Illinois and to execute, deliver, and perform
mortgages and security agreements to secure such borrowing.
6. To employ or enter into contracts for the employment of any
person, firm, or corporation, and for professional services, necessary
or desirable for the accomplishment of the corporate objects of the
District or the proper administration, management, protection or control
of its property.
7. To maintain such hospital for the benefit of the inhabitants of
the area comprising the District who are sick, injured, or maimed
regardless of race, creed, religion, sex, national origin or color, and
to adopt such reasonable rules and regulations as may be necessary to
render the use of the hospital of the greatest benefit to the greatest
number; to exclude from the use of the hospital all persons who wilfully
disregard any of the rules and regulations so established; to extend the
privileges and use of the hospital to persons residing outside the area
of the District upon such terms and conditions as the board of directors
prescribes by its rules and regulations.
8. To police its property and to exercise police powers in respect
thereto or in respect to the enforcement of any rule or regulation
provided by the ordinances of the District and to employ and commission
police officers and other qualified persons to enforce the same.
The use of any such hospital or hospital facility of a District shall
be subject to the reasonable regulation and control of the District and
upon such reasonable terms and conditions as shall be established by its
board of directors.
A regulatory ordinance of a District adopted under any provision of
this Section may provide for a suspension or revocation of any rights or
privileges within the control of the District for a violation of any
such regulatory ordinance.
Nothing in this Section or in other provisions of this Act shall be
construed to authorize the District or board to establish or enforce any
regulation or rule in respect to hospitalization or in the operation or
maintenance of such hospital or any hospital facilities within its
jurisdiction which is in conflict with any federal or state law or
regulation applicable to the same subject matter.
9. To provide for the benefit of its employees group life, health,
accident, hospital and medical insurance, or any combination of such
types of insurance, and to further provide for its employees by the
establishment of a pension or retirement plan or system; to effectuate
the establishment of any such insurance program or pension or retirement
plan or system, a Hospital District may make, enter into or subscribe to
agreements, contracts, policies or plans with private insurance
companies. Such insurance may include provisions for employees who rely
on treatment by spiritual means alone through prayer for healing in
accord with the tenets and practice of a well-recognized religious
denomination. The board of directors of a Hospital District may provide
for payment by the District of a portion of the premium or charge for
such insurance or for a pension or retirement plan for employees with
the employee paying the balance of such premium or charge. If the board
of directors of a Hospital District undertakes a plan pursuant to which
the Hospital District pays a portion of such premium or charge, the
board shall provide for the withholding and deducting from the
compensation of such employees as consent to joining such insurance
program or pension or retirement plan or system, the balance of the
premium or charge for such insurance or plan or system.
If the board of directors of a Hospital District does not provide for
a program or plan pursuant to which such District pays a portion of the
premium or charge for any group insurance program or pension or
retirement plan or system, the board may provide for the withholding and
deducting from the compensation of such employees as consent thereto the
premium or charge for any group life, health, accident, hospital and
medical insurance or for any pension or retirement plan or system.
A Hospital District deducting from the compensation of its employees
for any group insurance program or pension or retirement plan or system,
pursuant to this Section, may agree to receive and may receive
reimbursement from the insurance company for the cost of withholding and
transferring such amount to the company.
10. Except as provided in Section 15.3, to sell at public auction or by
sealed bid and convey any real
estate held by the District which the board of directors, by ordinance
adopted by at least 2/3rds of the members of the board then holding
office, has determined to be no longer necessary or useful to, or for
the best interests of, the District.
An ordinance directing the sale of real estate shall include the
legal description of the real estate, its present use, a statement that
the property is no longer necessary or useful to, or for the best
interests of, the District, the terms and conditions of the sale,
whether the sale is to be at public auction or sealed bid, and the date,
time, and place the property is to be sold at auction or sealed bids opened.
Before making a sale by virtue of the ordinance, the board of
directors shall cause notice of the proposal to sell to be published
once each week for 3 successive weeks in a newspaper published, or, if
none is published, having a general circulation, in the district, the
first publication to be not less than 30 days before the day provided in
the notice for the public sale or opening of bids for the real estate.
The notice of the proposal to sell shall include the same information
included in the ordinance directing the sale and shall advertise for
bids therefor. A sale of property by public auction shall be held at
the property to be sold at a time and date determined by the board of
directors. The board of directors may accept the high bid or any other
bid determined to be in the best interests of the district by a vote of
2/3rds of the board then holding office, but by a majority vote of those
holding office, they may reject any and all bids.
The chairman and secretary of the board of directors shall execute
all documents necessary for the conveyance of such real property sold
pursuant to the foregoing authority.
11. To establish and administer a program of loans for postsecondary
students pursuing degrees in accredited public health-related educational
programs at public institutions of higher education. If a student is
awarded a loan, the individual shall agree to accept employment within the
hospital district upon graduation from the public institution of higher
education. For the purposes of this Act, "public institutions of higher
education" means the University of Illinois; Southern Illinois University;
Chicago State University; Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois University;
Northern Illinois University; Western Illinois University; the public
community colleges of the State; and any other public colleges,
universities or community colleges now or hereafter established
or authorized by the General Assembly. The
district's board of directors shall by resolution provide for eligibility
requirements, award criteria, terms of financing, duration of employment
accepted within the district and such other aspects of the loan program as its
establishment and administration may necessitate.
12. To establish and maintain congregate housing units;
to acquire land in fee simple and leasehold interests in land for the location,
establishment, maintenance, and development of those housing units; to
borrow funds and give debt instruments, real estate mortgages, and security
interests in personal property, contract rights, and general intangibles; and
to enter into any contract required for participation in any federal or State
(Source: P.A. 92-534, eff. 5-14-02; 92-611, eff. 7-3-02.)