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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-23-6
(65 ILCS 5/11-23-6) (from Ch. 24, par. 11-23-6)
Sec. 11-23-6.
The corporate authorities of a city specified in this
Division 23 may provide that bonds of the city be issued for the purpose
of (1) constructing and equipping a hospital building or buildings, (2)
purchasing and maintaining an existing nonsectarian public hospital
within the city's corporate limits, or of (3) reconstructing, repairing,
remodeling, and improving, or of (4) extending and equipping, an
existing hospital building or buildings now owned and operated by the
city. These bonds shall be authorized by an ordinance and shall mature
at such time, not to exceed 20 years from their date of issue, and bear
such rate of interest, not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, payable annually or semi-annually, as the corporate authorities may determine.
The ordinance providing for the issuance of these bonds shall be
submitted to the electors of the city at an election conducted in accordance
with the general election law. The proposition shall be certified by the
municipal clerk and submitted by the proper election authority. If a majority
of the votes cast on this proposition are favorable, the bonds shall be
issued for the purpose and in the amount specified in the ordinance. Prior
to July 1, 1944, however, in the event that aid is to be received from any
agency of the Federal Government in the construction of the project for
which these bonds are to be issued and a declaration of that fact is set
forth in the ordinance providing for the issuance of the bonds, the
ordinance shall become effective immediately upon passage, without
submission to the electors and notwithstanding any provision in this Code
or in any other law to the contrary. The declaration of the corporate
authorities that the project is to be paid for either in whole or in part
by a grant from a Federal agency, as set forth in the ordinance, is
conclusive. These bonds shall be signed by the president and secretary of
the hospital board and by the mayor and city clerk, or commissioner of
accounts and finance of the city, and shall be payable out of the taxes to
be collected for hospital purposes in that city.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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65 ILCS 5/11-23-7
(65 ILCS 5/11-23-7) (from Ch. 24, par. 11-23-7)
Sec. 11-23-7.
Every hospital established or purchased under this Division
23 shall be maintained for the benefit of the inhabitants of the city in
which it is established who are sick, injured, or maimed. But every
inhabitant of that city shall pay to the hospital board, or to such officer
as it shall designate, reasonable compensation for occupancy, nursing,
care, medicines, or attendance, according to the rules and regulations
prescribed by the board. The hospital shall always be subject to such
reasonable rules and regulations as the hospital board may adopt in order
to render the use of the hospital of the greatest benefit to the greatest
number. The board may exclude from the use of the hospital all inhabitants
and persons who wilfully violate those rules and regulations. The board may
extend the privileges and use of the hospital to persons residing outside
of the city but within this state, upon such terms and conditions as the
board may prescribe by its rules and regulations.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-23-8
(65 ILCS 5/11-23-8) (from Ch. 24, par. 11-23-8)
Sec. 11-23-8.
The board of directors, in the name of the city, shall
receive and collect from such inhabitants or persons the compensation
specified in Section 11-23-7 as often as once in each month. The board
shall pay over to the city treasurer all compensation received or collected
during the month, and shall take the city treasurer's receipt therefor. At
the city council's regular monthly meeting the board shall also report to
the city council the names of persons or inhabitants from whom this
compensation has been received or collected, the amount so received or
collected from each, and the date when so received or collected.
The board of directors shall make an annual report to the city council
on or before the second Monday in June, stating (1) the condition of their
trust on the first day of June of that year, (2) the various sums of money
received from the hospital fund and from other sources, (3) how that money
has been expended and for what purposes, (4) the number of patients, and
(5) such other statistics, information, and suggestions as they may deem of
general interest.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-23-9
(65 ILCS 5/11-23-9) (from Ch. 24, par. 11-23-9)
Sec. 11-23-9.
When such a hospital is so established or purchased, the
physicians, nurses, attendants, patients, all persons approaching or coming
within the limits of the hospital, and all furniture and other articles
used or brought there shall be subject to such rules and regulations as the
board of directors may prescribe.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-23-10
(65 ILCS 5/11-23-10) (from Ch. 24, par. 11-23-10)
Sec. 11-23-10.
Any person desiring to donate property for the benefit of
such a hospital may vest the title to the property so donated in the board
of directors created under this Division 23. That board or its successor
shall hold and control this property, when accepted, according to the terms
of the deed, gift or legacy of the property, and shall be a
trustee of the property.
(Source: P.A. 83-388.)
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65 ILCS 5/11-23-11
(65 ILCS 5/11-23-11) (from Ch. 24, par. 11-23-11)
Sec. 11-23-11.
All physicians who are recognized as legal practitioners by
the Department of Professional Regulation shall have equal privileges in
treating patients in such a hospital.
(Source: P.A. 85-1209.)
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65 ILCS 5/11-23-12
(65 ILCS 5/11-23-12) (from Ch. 24, par. 11-23-12)
Sec. 11-23-12.
All public hospitals which were established and maintained,
or purchased and maintained, under "An Act in relation to the
establishment, purchase and maintenance of public hospitals in cities of
less than one hundred thousand inhabitants," approved June 30, 1919, as
amended, and which were being maintained immediately prior to January 1,
1942, shall be treated as properly established or purchased under this
Division 23 and may be continued to be maintained under this Division 23.
All cities whose electors have approved the levy of an annual tax for
establishing and maintaining, or purchasing and maintaining, a public
hospital under that Act may continue to levy the tax under this Division 23
without submitting the question of its levy to the electors for approval.
The directors, other officers, and employees appointed under that Act who
were in office or employed immediately prior to January 1, 1942 shall
continue in their offices and employments under this Division 23 until the
respective terms for which they were appointed have expired, subject to the
provisions of this Division 23 as to removal.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-23-13
(65 ILCS 5/11-23-13) (from Ch. 24, par. 11-23-13)
Sec. 11-23-13.
The corporate authorities of any city with a population of
less than 100,000 which has established a public hospital is authorized to
issue and sell revenue bonds payable from the revenue derived from the
operation of the hospital for the purpose of (1) reconstructing, repairing,
remodeling, or extending, or (2) equipping or improving an existing
hospital building or buildings, or any addition or extension thereto or (3)
constructing and equipping a new hospital to replace an existing hospital
and acquiring a site therefor, or (4) refunding any such revenue bonds
theretofore issued from time to time when deemed necessary or advantageous
in the public interest. These bonds shall be authorized by an ordinance
without submission thereof to the electors of the city, shall mature at
such time not to exceed 40 years from the date of issue, and bear such rate
of interest not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable annually or semiannually as the corporate authorities may
determine, and may be sold by the corporate authorities in such manner as
they deem best in the public interest. However, such bonds shall be sold at
such price that the interest cost of the proceeds therefrom will not exceed
7% per annum, based on the average maturity of such bonds and computed
according to standard tables of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-23-14
(65 ILCS 5/11-23-14) (from Ch. 24, par. 11-23-14)
Sec. 11-23-14.
The corporate authorities of any such city availing itself
of the provisions of Section 11-23-13 shall adopt an ordinance describing
in a general way the building or buildings, or addition or extension
thereto, to be constructed, reconstructed, repaired, remodeled, extended,
equipped or improved. Such ordinance shall set out the estimated cost of
such construction, reconstruction, repair, remodeling, extension, equipment
or improvement and fix the amount of revenue bonds proposed to be issued,
the maturity, interest rate, and all details in respect thereof and may
contain such provisions and covenants which shall be part of the contract
between the city and the holders of such bonds as may be deemed necessary
and advisable as to the operation, maintenance, and management of the
hospital, the establishment and maintenance of sinking funds, reserve
funds, and other special funds, including construction funds, the fixing
and collecting of rents, fees and charges for the use of the facilities of
the hospital sufficient to produce revenue adequate to maintain such funds
and to pay the bonds at maturity and accruing interest thereon, the
issuance thereafter of additional bonds payable from the revenues derived
from the hospital, the kind and amount of insurance, including use and
occupancy insurance, to be carried, the cost of which shall be payable only
from the revenues derived from the hospital, and such other covenants
deemed necessary or desirable to assure the successful operation and
maintenance of the hospital and the prompt payment of the principal of and
interest upon the bonds so authorized. Revenue bonds issued under this
Division 23 shall be signed by the president and secretary of the hospital
board and by the mayor and city clerk or commissioner of accounts and
finance of the city and shall be payable from revenue derived from the
operation of the public hospital. These bonds shall not in any event
constitute an indebtedness of the city within the meaning of any
constitutional provision or limitation. It shall be plainly written or
printed on the face of each bond that the bond has been issued under the
provisions of Sections 11-23-13 and 11-23-14, that the bond, including the
interest thereon, is payable from the revenue pledged to the payment
thereof, and that it does not constitute an indebtedness or obligation of
the city within the meaning of any constitutional or statutory limitation
or provision. No holder of any such revenue bond has the right to compel
any exercise of the taxing power of the city to pay such bond or interest
thereon. This ordinance shall be published and shall take effect as
provided in Section 1-2-4.
(Source: Laws 1965, p. 847.)
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65 ILCS 5/11-23-15
(65 ILCS 5/11-23-15) (from Ch. 24, par. 11-23-15)
Sec. 11-23-15.
Revenue bonds issued on or after March 1, 1965 under
Sections 11-23-13 and 11-23-14 may be redeemed by the municipality issuing
them on such terms, at such time, upon such notice and with or without
premium all as may be provided in the ordinance authorizing them.
Revenue bonds issued prior to March 1, 1965 under Sections 11-23-13 and
11-23-14 may be redeemed on any interest-paying date, by proceeding as
follows: (1) a written notice shall be mailed to the holder of such bond 30
days prior to an interest-paying date, notifying the holder that the bond
will be redeemed on the next interest-paying date; or (2) if the holder of
such bond is unknown, then a notice describing the bond to be redeemed and
the date of its redemption shall be published 30 days prior to an
interest-paying date in one or more newspapers published in the city, or,
if no newspaper is published therein, then in one or more newspapers having
a general circulation within the city. When notice has been mailed to the
holder of such bond, or when notice has been published in a newspaper in
case the holder of the bond is unknown, the bond shall cease bearing
interest from and after the next interest-paying date.
(Source: Laws 1965, p. 13.)
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65 ILCS 5/Art. 11 Div. 24
(65 ILCS 5/Art. 11 Div. 24 heading)
DIVISION 24.
IMPROVEMENT OF CERTAIN HOSPITALS
IN CITIES OF LESS THAN 100,000
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65 ILCS 5/11-24-1
(65 ILCS 5/11-24-1) (from Ch. 24, par. 11-24-1)
Sec. 11-24-1.
The following terms, wherever used or referred to in this
Division 24, shall, unless the context otherwise requires, mean the
following:
(1) "Public hospital" means any hospital established and supported by
any city of this state having a population of less than 100,000
inhabitants.
(2) "Bonds" means bonds, interim certificates or other obligations of a
municipality issued by its governing body pursuant to this Division 24.
(3) "Public works project" means any reconstruction, improvement or
betterment of a public hospital.
(4) "To construct" means to reconstruct, to replace, to extend, to
repair, to better, to equip, to develop, to embellish or to improve a
public hospital.
(5) "Construction" means building, repairing, construction,
reconstruction, replacement, extension, betterment, equipment, development,
embellishment and improvement of a public hospital.
(6) "Federal agency" includes the United States of America, the
President of the United States of America, the Federal Emergency
Administrator of Public Works, the Reconstruction Finance Corporation, or
any agency, instrumentality or corporations owned or controlled by the
United States of America, which has heretofore been or may hereafter be
designated, created or authorized by or pursuant to any act or acts of the
Congress of the United States of America, to make loans or grants.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-24-2
(65 ILCS 5/11-24-2) (from Ch. 24, par. 11-24-2)
Sec. 11-24-2.
Every city of less than 100,000 inhabitants which has
established and is supporting a public hospital may:
(a) construct any public works project within or without the city or
partially within and partially without the city.
(b) operate and maintain any public works project.
(c) contract debts for the construction of any public works project, may
borrow money and may issue its bonds to finance all or part of such
construction. Any such city incurring any indebtedness as aforesaid, shall,
before or at the time of doing so, provide for the collection of a direct
annual tax sufficient to pay the interest on such debt as it falls due and
also to pay and discharge the principal thereof within 20 years from the
time of contracting the same.
(d) acquire by purchase, gift or grant, and may hold and dispose of any
property, real or personal, tangible or intangible, or any right or
interest in any such property in connection with any public works project.
(e) perform any acts authorized under this Division 24 through or by
means of its own officers, agents and employees or by contracts with
corporations, firms or individuals.
(f) do all acts and things necessary or convenient to carry out the
powers expressly given in this Division 24.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-24-3
(65 ILCS 5/11-24-3) (from Ch. 24, par. 11-24-3)
Sec. 11-24-3.
Except in pursuance of any contract or agreement theretofore
entered into by and between any municipality and any Federal Agency, no
city specified in Section 11-24-2 shall borrow any money or deliver any
bonds pursuant to the provisions of this Division 24 after June 30, 1937.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 25
(65 ILCS 5/Art. 11 Div. 25 heading)
DIVISION 25.
CONTAGIOUS DISEASE HOSPITALS IN
CITIES OF 500,000 OR MORE
(Division repealed by P.A. 102-587) (Source: Repealed by P.A. 102-587, eff. 1-1-22.)
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65 ILCS 5/Art. 11 Div. 26
(65 ILCS 5/Art. 11 Div. 26 heading)
DIVISION 26.
MATERNITY HOSPITALS IN MUNICIPALITIES
OF 500,000 OR MORE
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65 ILCS 5/11-26-1
(65 ILCS 5/11-26-1) (from Ch. 24, par. 11-26-1)
Sec. 11-26-1.
The corporate authorities of any municipality with a
population of 500,000 or more may establish, erect, and maintain maternity
or lying-in hospitals, dispensaries, and other auxiliary institutions
connected therewith where female inhabitants of the municipality may be
received, cared for, or treated during pregnancy or during or after
delivery, without license therefor from or regulation thereof by the State
Department of Public Health or the State Department of Public Welfare in
accordance with the Hospital Licensing Act, approved July 1, 1953, as
heretofore and hereafter amended. These hospitals, dispensaries, and
auxiliary institutions are subject to supervision by the board of health of
the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-26-2
(65 ILCS 5/11-26-2) (from Ch. 24, par. 11-26-2)
Sec. 11-26-2.
Every specified municipality which establishes such a
hospital, dispensary, or other auxiliary institution has the power to
charge to and collect from any person, who is able to pay, reasonable
compensation for occupancy, nursing, care, medicines, or attendance, and
may extend these privileges free of charge to persons who are unable to pay
for them.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-26-3
(65 ILCS 5/11-26-3) (from Ch. 24, par. 11-26-3)
Sec. 11-26-3.
Every specified municipality has the power to accept
donations of money, personal property, or real estate for the benefit of
such a hospital, dispensary, or other auxiliary institution, to be held,
when accepted, according to the terms of the deed, gift or
legacy
of the property.
(Source: P.A. 83-388.)
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65 ILCS 5/11-26-4
(65 ILCS 5/11-26-4) (from Ch. 24, par. 11-26-4)
Sec. 11-26-4.
Every specified municipality may issue its bonds from time
to time in anticipation of its revenue from its maternity or lying-in
hospitals, dispensaries, and other auxiliary institutions. These bonds may
be authorized by an ordinance of the corporate authorities and may be
issued in one or more series, may bear such dates, mature at such times,
not exceeding 20 years from their respective dates, bear interest at such
rates not exceeding the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, payable
semi-annually, be in such denominations, be in such form, either coupon or
registered, be executed in such manner,
be payable in such medium of payment, at such places, be subject to such
terms of redemption, with or without premium, and be declared or become due
before the maturity date, as the ordinance may provide. These bonds may be
repurchased by the municipality out of any available funds at a price not
to exceed the principal amount thereof and accrued interest, and all bonds
so repurchased shall be cancelled. Pending the preparation or execution of
definitive bonds, interim receipts or certificates or temporary bonds may
be delivered to the purchasers or pledgees of the bonds. The bonds bearing
the signatures of officers in office on the date of the signing thereof are
valid and binding obligations notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose signatures
appear thereon have ceased to be officers. No holder of any bond issued
under this section has the right to compel any exercise of the taxing power
of the municipality to pay the bond or the interest thereon. Each bond
issued under this section shall recite in substance that the bond,
including the interest thereon, is payable from the revenue pledged to the
payment thereof and that the bond does not constitute a debt of the
municipality issuing it.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid because of any provision of this Act that may appear to be
or to have been more restrictive than those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-26-5
(65 ILCS 5/11-26-5) (from Ch. 24, par. 11-26-5)
Sec. 11-26-5.
When revenue bonds are issued under Section 11-26-4, the
entire revenue received from the operation of the specified hospitals,
dispensaries, and other auxiliary institutions shall be deposited in a
separate fund which shall be used only in paying the cost of maintenance
and operation thereof and the principal and interest of the revenue bonds
issued under Section 11-26-4.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-26-6
(65 ILCS 5/11-26-6) (from Ch. 24, par. 11-26-6)
Sec. 11-26-6.
Every specified municipality has the power to secure grants
and loans, or either, from the United States government, or any agency
thereof, for financing the establishment and construction of any hospital,
dispensary, or other auxiliary institution, or any part thereof, authorized
by Section 11-26-1. For these purposes, the municipality has the power to
issue and sell or pledge to the United States government, or any agency
thereof, all or any part of the revenue bonds authorized by Section 11-26-1
and to execute contracts and other documents and do all things that may be
required by the United States government, or any agency thereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 27
(65 ILCS 5/Art. 11 Div. 27 heading)
DIVISION 27.
CONTRIBUTIONS TO NON-SECTARIAN
HOSPITALS BY CITIES
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65 ILCS 5/11-27-1
(65 ILCS 5/11-27-1) (from Ch. 24, par. 11-27-1)
Sec. 11-27-1.
Any city may contribute such sums of money toward erecting,
building, maintaining, and supporting any non-sectarian public hospital
located within its limits as the city council deems proper.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 28
(65 ILCS 5/Art. 11 Div. 28 heading)
DIVISION 28.
EMINENT DOMAIN TO OBTAIN CITY
HOSPITAL SITE
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65 ILCS 5/11-28-1
(65 ILCS 5/11-28-1) (from Ch. 24, par. 11-28-1)
Sec. 11-28-1. Whenever a city needs a lot or parcel of land as a site for a
building to be erected for any hospital established and supported by the
city, and the city cannot agree with the owners thereof upon the
compensation therefor, the city has the power to proceed to have the
compensation determined in the manner provided by law for the exercise of the right
of eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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65 ILCS 5/Art. 11 Div. 29
(65 ILCS 5/Art. 11 Div. 29 heading)
DIVISION 29.
CITY AND VILLAGE TUBERCULOSIS
SANITARIUMS
(Division repealed by P.A. 102-587) (Source: Repealed by P.A. 102-587, eff. 1-1-22.)
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65 ILCS 5/Art. 11 Div. 29.1
(65 ILCS 5/Art. 11 Div. 29.1 heading)
DIVISION 29.1.
CARE OF MENTALLY DEFICIENT PERSONS
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65 ILCS 5/11-29.1-1
(65 ILCS 5/11-29.1-1) (from Ch. 24, par. 11-29.1-1)
Sec. 11-29.1-1.
As used in this Division, "municipality" means any
city, village or incorporated town; and "municipal" refers to any such
municipality. Any municipality may provide facilities or services for
the benefit of its mentally deficient residents who are not eligible to
participate in any such program conducted under Article 14 of The School
Code, or may contract therefor with any privately or publicly operated
entity which provides facilities or services either in or without such
municipality.
For such purpose, the corporate authorities may levy an annual tax of
not to exceed .1% upon all of the taxable property in the municipality
at the value thereof, as equalized or assessed by the Department of
Revenue. Such tax shall be levied and collected in the
same manner as other municipal taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of municipal
taxes but shall be in addition thereto and in excess thereof. When
collected, such tax shall be paid into a special fund in the municipal
treasury, to be designated as the "Mentally Deficient Persons' Fund,"
and shall be used only for the purpose specified in this Section.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-29.1-2
(65 ILCS 5/11-29.1-2) (from Ch. 24, par. 11-29.1-2)
Sec. 11-29.1-2.
Whenever any municipality first levies the tax
authorized in Section 11-29.1-1, it shall cause the ordinance levying the
tax to be published in one or more newspapers published in the municipality
within 10 days after the levy is made. If no newspaper is published in the
municipality, the ordinance shall be published in a newspaper having
general circulation within the municipality. The publication of the
ordinance shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the municipality; (2) the time
within which the petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a petition form
to any individual requesting one. Any taxpayer in such municipality may,
within 30 days after such publication, file with the municipal clerk a
petition signed by a number of the voters of the
municipality equal to 10% or more of the registered voters of the municipality
requesting the submission to a referendum of the
following proposition:
"Shall (insert name) be authorized to levy a tax for (state purpose)
in excess of the rate for other municipal purposes but not in excess of
.1%?"
The municipal clerk shall certify the proposition for submission by the
proper election authority at an election in accordance with the general
election law.
If a majority of the voters voting on the proposition vote in favor
thereof or if no petition is filed pursuant to this Section 11-29.1-2,
such tax levy shall be authorized. If a majority of the vote is against
such proposition, such tax levy shall not be authorized.
(Source: P.A. 86-1253; 87-767.)
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65 ILCS 5/11-29.1-3
(65 ILCS 5/11-29.1-3) (from Ch. 24, par. 11-29.1-3)
Sec. 11-29.1-3.
When any municipality has authority to levy a tax for the
purpose of this Division 29.1, the mayor or president of such municipality
shall appoint a board of 3 directors who shall administer this Division
29.1. The original appointees shall be appointed for terms expiring,
respectively, on June 30 in the first, second and third years following
their appointment as designated by the mayor or president. All succeeding
terms shall be for 3 years and appointments shall be made in like manner.
Vacancies shall be filled in like manner for the balance of the unexpired
term. Each director shall serve until his successor is appointed. Directors
shall serve without compensation but shall be reimbursed for expenses
reasonably incurred in the performance of their duties.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-4
(65 ILCS 5/11-29.1-4) (from Ch. 24, par. 11-29.1-4)
Sec. 11-29.1-4.
The directors shall meet in July, annually, and elect one
of their number as president and one as secretary, and shall elect such
other officers as they deem necessary. They shall adopt such rules for the
administration of this Division 29.1 as may be proper and expedient. They
shall report to the mayor or president, from time to time, a detailed
statement of their administration.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-5
(65 ILCS 5/11-29.1-5) (from Ch. 24, par. 11-29.1-5)
Sec. 11-29.1-5.
The board of directors may accept any donation of property
for the purpose specified in Section 11-29.1-1, and shall pay over to the
municipal treasurer any money so received, within 30 days of the receipt
thereof.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-6
(65 ILCS 5/11-29.1-6) (from Ch. 24, par. 11-29.1-6)
Sec. 11-29.1-6.
The board of directors may impose a maintenance charge upon
the estate of any mentally deficient person receiving the benefits of the
facilities or services prescribed in Section 11-29.1-1. If the estate of
such person is insufficient, the parent or parents of such person are
liable for the payment of the amount due.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-7
(65 ILCS 5/11-29.1-7) (from Ch. 24, par. 11-29.1-7)
Sec. 11-29.1-7.
The rate at which the sums to be so charged as provided in
Section 11-29.1-6 shall be calculated by the board of directors is the
average per capita operating cost for all persons receiving the benefit of
such facilities or services, computed for each fiscal year; provided, that
the board may, in its discretion, set the rate at a lesser amount than such
average per capita cost. Less amounts may be accepted by the board when
conditions warrant such action or when money is offered by persons not
liable under Section 11-29.1-6. Any money received pursuant to this Section
11-29.1-7 shall be paid into the municipal Mentally Deficient Persons'
Fund.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-8
(65 ILCS 5/11-29.1-8) (from Ch. 24, par. 11-29.1-8)
Sec. 11-29.1-8.
The board of directors is authorized to investigate the
financial condition of each person liable under Section 11-29.1-6 and is
further authorized to make determinations of the ability of each such
person to pay the sums representing maintenance charges, and for such
purposes to set a standard as a basis of judgment of ability to pay, which
standard shall be recomputed periodically to reflect changes in the cost of
living and other pertinent factors, and to make provisions for unusual and
exceptional circumstances in the application of such standard. The board
may issue to any person liable therefor statements of amounts due as
maintenance charges, requiring payment in such manner as may be arranged,
in an amount not exceeding the average per capita operating cost as
determined under Section 11-29.1-7.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-9
(65 ILCS 5/11-29.1-9) (from Ch. 24, par. 11-29.1-9)
Sec. 11-29.1-9.
The use of the facilities or services specified in Section
11-29.1-1 shall not be limited or conditioned in any manner by the
financial status or ability to pay of any recipient or person responsible.
Records pertaining to the payment of maintenance charges shall not be made
available for inspection, but all such records shall be deemed confidential
and used only when required for the purpose of Section 11-29.1-8.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-10
(65 ILCS 5/11-29.1-10) (from Ch. 24, par. 11-29.1-10)
Sec. 11-29.1-10.
Any person who has been issued a statement of any sum due
for maintenance charges for a mentally deficient person may petition the
board of directors for a modification thereof, and the board shall provide
for a hearing thereon. The board may, after such hearing, grant such relief
as seems proper.
(Source: Laws 1963, p. 828.)
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65 ILCS 5/11-29.1-11
(65 ILCS 5/11-29.1-11) (from Ch. 24, par. 11-29.1-11)
Sec. 11-29.1-11.
Upon request of the board of directors, the attorney for
the municipality in which a person who is liable for payment of maintenance
charges resides shall file suit to collect the amount due. The court may
order the payment of sums due for maintenance for such period or periods as
the circumstances require. Such order may be entered against any or all
such defendants and may be based upon the proportionate ability of each
defendant to contribute to the payment of sums due. Orders for the payment
of money may be enforced by attachment as for contempt against the persons
of the defendants, and in addition as other judgments
for the payment of money, and costs may
be adjudged against the defendants and apportioned among them, but if the
complaint is dismissed the costs shall be borne by the municipality.
The provisions of the Civil Practice Law, and
all amendments thereto, shall apply to and govern all actions instituted
under the provisions of this Division 29.1.
(Source: P.A. 82-783.)
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