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.

55 ILCS 5/Div. 1-6

(55 ILCS 5/Div. 1-6 heading) Division 1-6.

Actions

55 ILCS 5/1-6001

(55 ILCS 5/1-6001) (from Ch. 34, par. 1-6001)

Sec. 1-6001.

Venue of suits by or against county.

All actions, local or transitory, against any county, may be
commenced and prosecuted to final judgment in the circuit court in the
county against which the action is brought. Any action, local or
transitory, in which any county shall be plaintiff, may be commenced and
prosecuted to final judgment in the county in which the defendant in such
action resides.

(Source: P.A. 86-962.)

55 ILCS 5/1-6002

(55 ILCS 5/1-6002) (from Ch. 34, par. 1-6002)

Sec. 1-6002.

Jurors and witnesses.

In all actions
brought by or against any county, the inhabitants
of the county so suing or being sued may be jurors or witnesses, if
otherwise competent or qualified according to law.

(Source: P.A. 86-962.)

55 ILCS 5/1-6003

(55 ILCS 5/1-6003) (from Ch. 34, par. 1-6003)

Sec. 1-6003.

Duty of county board to prosecute and defend
suit. It shall be the duty of the county boards of each of the counties
of this State to take and order suitable and proper measures for the
prosecuting and defending of all suits to be brought by or against their
respective counties, and all suits which it may become necessary to
prosecute or defend to enforce the collection of all taxes charged on the
state assessment.

(Source: P.A. 86-962.)

55 ILCS 5/1-6004

(55 ILCS 5/1-6004) (from Ch. 34, par. 1-6004)

Sec. 1-6004.

Payment of judgment against county.

A
judgment against a county shall not, in any case, be enforced
against the lands or other property of a county; but when judgment is
entered against a county, the county board shall direct an order to be
drawn on the county treasurer for the amount of the judgment and costs,
which orders shall be paid as other county debts.

A.  Whenever the county board in any county shall in any year determine
the amount of all taxes to be raised for county purposes, such board shall
include among the purposes for which such taxes are to be raised the
payment of any outstanding judgment or judgments against such county for
the payment of which no other provisions have been made.

B.  The county board may provide for the payment of any such judgment or
judgments and the interest thereon in equal annual installments, not
exceeding however 10 in number, and may include one of such
installments in the amount of taxes to be raised for county purposes in
each year, but the aggregate amount of all taxes to be raised for county
purposes shall not in any year exceed the rate of 75 cents on the $100
valuation of property unless authorized by a vote of the people of the county.

(Source: P.A. 86-962.)

55 ILCS 5/1-6005

(55 ILCS 5/1-6005) (from Ch. 34, par. 1-6005)

Sec. 1-6005.

Allowance or disallowance of claims; appeal.

The
county board shall determine whether any claim against
the county should be allowed, disallowed or in the alternative the board
may by resolution require the submission of a verified affidavit by the
claimant stating that the several items therein mentioned are just and
true, and the services charged therein, or articles furnished, as the
case may be, were rendered or furnished as therein charged, and that the
amount claimed is due and unpaid after allowing all just credits.

The county board may make cash advances to all county officials and
employees for travel and related expenses if sufficient funds have been
budgeted and are available in the appropriate county fund.

(Source: P.A. 86-962.)

55 ILCS 5/1-6006

(55 ILCS 5/1-6006) (from Ch. 34, par. 1-6006)

Sec. 1-6006.

Delegation of authority to determine claims.

Under
the provisions of this Section, the county board may by
resolution delegate its authority to allow or disallow claims made against
the county to the individuals herein named.

For the purposes of this Section, the term "county officials" is defined
as members of the county board, designated elected county officers, and
county officers charged with fiscal management of the county who have been
duly appointed by county board resolution.

The county board may by resolution designate members of a committee of the
county board, or the County Treasurer and the County Clerk, or if there
is a County Auditor or duly appointed county officer responsible for the
fiscal management of the county, then the County Treasurer and the County
Auditor or duly appointed county officer responsible for the fiscal management
of the county, to determine whether some or all claims against the county
should be allowed or disallowed, if sufficient funds have been budgeted and
are available in the appropriate county fund. Or in the alternative, the
designated county officials shall request the county board by resolution
to require the submission of a verified affidavit by claimant stating that
the several items therein mentioned are just and true, and the
services charged therein, or articles furnished, as the case may be, were
rendered or furnished as therein charged, and that the amount claimed is
due and unpaid after allowing all just credits. When the claim is disallowed,
in whole or part, by the designated officials, and the nature of the claim
is not such that the allowance is discretionary, such person may appeal
from the decision of the authorized county officials to the circuit court
of the same county, upon filing bond with the clerk of such court within
20 days after the rendition of the decision, with such security as shall
be approved by such clerk in the penal sum of $250, payable to the People
of the State of Illinois, for the use of such county, conditioned that he
will prosecute the appeal with effect, and pay all costs that may be assessed.

The county board may authorize the designated county officials to make
cash advances to all county officials and county employees
for travel and related expenses if sufficient funds have been budgeted and
are available in the appropriate county fund.

If the authority to pay claims submitted against the county is delegated
as provided in this Section, the County Clerk, or if there is a County Auditor
or duly appointed county officer responsible for fiscal management of the
county, then the County Auditor or duly appointed county officer responsible
for the management
of the county, shall file a monthly report of all claims paid in the prior
month to the chairman and all other members of the county board. For each
claim paid, the monthly report shall identify the creditor, the department
or county official which purchased the product or service, the fund from
which the payment was made, the amount of the payment and the date the check was issued.

In addition to any other remedies provided by law, the County Board may
recover any unauthorized payment from the person receiving it and may seek
the assistance of the State's Attorney in that regard.

(Source: P.A. 86-962.)

55 ILCS 5/1-6007

(55 ILCS 5/1-6007) (from Ch. 34, par. 1-6007)

Sec. 1-6007.

Review under Administrative Review Law.

The decisions of
the county board are subject to judicial review under the Administrative
Review Law, as now or hereafter amended.

(Source: P.A. 86-962.)