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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.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-15019
(55 ILCS 5/5-15019) (from Ch. 34, par. 5-15019)
Sec. 5-15019.
Use of revenues.
Whenever revenue
bonds are issued under this Division the income and
revenue derived from the operation of the waterworks properties or sewage
facilities, or waste management facilities, as the case may be, shall
be used only to pay the cost of operation and maintenance (including
insurance) of the waterworks properties or sewage facilities, or waste
management facilities, or a combination thereof, as the case may
be, to pay principal of and interest on any revenue bonds issued hereunder,
to provide an adequate depreciation fund, which fund is hereby defined to
be for such replacements as may be necessary from time to time for the
continued, effective and efficient operation of the waterworks properties,
or sewage facilities, or a combination
thereof, or waste management facilities, as the case may be, which
such fund shall not be allowed to accumulate beyond a reasonable amount
necessary for that purpose, the terms and provisions of which shall be
incorporated in the ordinance authorizing the issuance of the bonds, and to
maintain such other reserves and sinking funds as may be deemed necessary
or desirable by the county for the payment of the bonds or the extension or
improvement of the waterworks properties, or sewage facilities, or a
combination thereof, or waste management facilities, as the case may be.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15020
(55 ILCS 5/5-15020) (from Ch. 34, par. 5-15020)
Sec. 5-15020.
Rates and charges; rights of bondholders.
Rates
and charges for the use and service of the waterworks
properties, or sewage facilities, or waste management facilities, as the
case may be, acquired by any county shall be sufficient at all times to pay
the cost of maintenance and operation, to pay the principal of and interest
upon all revenue bonds issued under the provisions of this Division,
to provide a reasonable depreciation fund as established pursuant to the
provisions of the ordinance authorizing the issuance of any revenue bonds,
and to maintain such other reserves and sinking funds as may be deemed
necessary or desirable by the county for the payment of the bonds or the
extension or improvement of the waterworks properties or, sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, and the holder of any bond or bonds or any of the interest
coupon or coupons of any revenue bonds of any such county may in any civil
action, mandamus, injunction or other proceeding enforce and compel the
performance of all duties required by this Division and the covenants and
undertakings set forth in any bond ordinance, including the making and
collecting of sufficient rates and charges for the use or service of the
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the proper application
of the income and revenue therefrom.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15021
(55 ILCS 5/5-15021) (from Ch. 34, par. 5-15021)
Sec. 5-15021.
Rules and regulations; liens;
discontinuance of service. Rules and regulations governing the
maintenance and operation of the waterworks properties, or sewage
facilities, or waste management facilities, as the case
may be, shall be established from time to time by ordinance, and rates
and charges for use and service for all purposes, including charges to
connect to such properties or facilities, and which may include the
imposition of interest and penalties for failure to make payments when
due, except for charges or rates established by contract for a wholesale
supply of water as herein authorized shall be established, revised,
maintained, be due and payable, and be in force as the county board may
determine by separate ordinances, and rates or charges established by
the board shall not be subject to any statutory regulations covering
rates and charges for similar service by privately owned waterworks,
sewage facilities or waste management facilities.
Any ordinance establishing rules and regulations or rates or charges
for the use and service shall be published within 30 days after its
adoption in a newspaper published and of general circulation in the
county, and if there be no such newspaper then such ordinance shall be
posted in not less than 10 of the most public places in the county, and
shall become effective 10 days after such publication or posting as the
case may be.
Rates and charges for the use and service of the county's waterworks
properties and sewage facilities (except for rates or charges for a
wholesale supply of water or wholesale sewerage service as herein
authorized) shall be liens upon the real estate to which water or
sewerage service is supplied whenever the rates or charges become
delinquent as provided by an ordinance of the county fixing a delinquency date.
A lien is created under the preceding sentence only if the county sends
to the owner or owners of record of the real estate, as referenced by the
taxpayer's identification number, (i) a copy of each delinquency notice sent to
the person who is delinquent in paying the charges or rates or other notice
sufficient to inform the owner or owners of record, as referenced by the
taxpayer's identification number, that the charges or rates have become
delinquent and (ii) a notice that unpaid charges or rates may create a lien on
the real estate under this Section. The county shall have no preference in any
such lien over the rights of any purchaser, mortgagee, judgment creditor or any
lien holder arising prior to the notice of filing of such lien in the
office of the recorder of the county in which the real estate
is located. This notice shall consist of a statement sworn to by an
authorized officer or employee of the county setting out (1) a
description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water or sewerage service
and (3) the date when such amount became delinquent.
The county shall send a copy of the notice of the lien to the owner or
owners of record of the real estate, as referenced by the taxpayer's
identification number. The county shall have the power to foreclose this lien
in the same manner and with the same effect as in the foreclosure of mortgages
on real estate.
The payment of rates and charges for water services to any premises
may be enforced by discontinuing the water service to such premises, and
the payment of charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage
service to such premises, or both. Any public or municipal corporation
or political subdivision of the State furnishing water service to a
premises shall discontinue such service upon receiving written notice
from the county that a rate or charge for sewerage service has become
delinquent, and shall not resume water service until receiving a like
notice that such delinquency has been removed. The county shall
reimburse any such public or municipal corporation or political
subdivision of the State for the reasonable cost of any such
discontinuance and resumption of water service. The county may contract
with any privately owned public utility for the discontinuance of water
service to a premises on account of which a rate or charge for sewerage
service has become delinquent.
(Source: P.A. 86-962; 87-1197.)
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55 ILCS 5/5-15022
(55 ILCS 5/5-15022) (from Ch. 34, par. 5-15022)
Sec. 5-15022.
General obligation bonds.
Any such county may issue
general obligation bonds for the purposes of either planning for,
acquiring, or operating and maintaining waterworks properties, or sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, in the manner prescribed in Section 5-1008, as heretofore
or hereafter amended.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15025 (55 ILCS 5/5-15025)
Sec. 5-15025. Boil order; notification of certified local public health department required. If a county, or any department or agency of the county, issues a boil order, then the county must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the county must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.) |
55 ILCS 5/Div. 5-16
(55 ILCS 5/Div. 5-16 heading)
Division 5-16.
Sanitary Districts
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55 ILCS 5/5-16001
(55 ILCS 5/5-16001) (from Ch. 34, par. 5-16001)
Sec. 5-16001.
Sewerage service contracts with counties.
Any
sanitary district organized and created under the laws of the
State of Illinois having a population of less than 500,000 and lying wholly
or partly within the boundaries of any county which accepts the provisions
of Division 5-15, as heretofore or hereafter amended, may contract
with such county for sewerage service to or for the benefit of the
inhabitants of the sanitary district. Any such contract may provide for the
periodic payment to the county of a share of the amounts necessary to pay
or provide for the expenses of operation and maintenance of the sewerage
system (including insurance) of the county, to pay the principal of and
interest on any revenue bonds issued by the county hereunder, and to
provide an adequate depreciation fund and to maintain other reserves and
sinking funds for the payment of the bonds or the extension or improvement
of the sewage facilities of the county.
Any such contract may be entered into without making a previous
appropriation for the expense thereby incurred. Any such contract may be
for a term not in excess of 20 years, if the contract is a general
obligation of the sanitary district, or for a term not in excess of 40
years, if the obligation under the contract is payable solely from the
revenues derived by the sanitary district from its sewerage system.
If the contract is payable solely from the revenues derived by the
sanitary district from its sewerage system, the amounts due under the
contract shall be deemed an expense of operating and maintaining the
sewerage system of the sanitary district.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-17
(55 ILCS 5/Div. 5-17 heading)
Division 5-17.
Leasing Space in Court Houses
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55 ILCS 5/5-17001
(55 ILCS 5/5-17001) (from Ch. 34, par. 5-17001)
Sec. 5-17001.
Leasing space in court house.
Whenever there is space
in the county court house not needed for county purposes, the county board
may lease such space to the state or any court thereof, to any city,
village, town, sanitary district or other municipal corporation for such
period of time and upon such terms as may seem just and equitable to the board.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-18
(55 ILCS 5/Div. 5-18 heading)
Division 5-18.
Judicial Advisory Council
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55 ILCS 5/5-18001
(55 ILCS 5/5-18001) (from Ch. 34, par. 5-18001)
Sec. 5-18001.
Appointment of Judicial Advisory Council.
In any county of this State containing more than five hundred thousand
inhabitants, it shall be lawful for the County Board to provide by
resolution for the creation of a body, to be known as the Judicial Advisory
Council of the County of ...., with the powers and duties hereinafter
mentioned. Such body shall consist of five members who shall be appointed
by the presiding officer of the county board with the advice and consent of
the County Board. All shall be persons learned in the law, and two at least
of their number shall be members of the judiciary. The persons thus
appointed shall hold office for four years and until their respective
successors have been duly appointed and qualified. They shall serve without
compensation, but shall be reimbursed for all expenses incurred in carrying
out the duties defined by this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-18002
(55 ILCS 5/5-18002) (from Ch. 34, par. 5-18002)
Sec. 5-18002.
Duties of Council.
It shall be
the duty of the Council, by continuous study of the
problems involved, to devise means to effect the improvement of the
administration of justice in and with relation to the county, and to
formulate all proper suggestions and recommendations concerning legislation
and other measures designed to bring about such improvement. Within the
scope of its study shall be the laws of this State relating to judicial
organization, criminal law, criminal procedure and civil procedure; all
matters relating to the apprehension and prosecution of persons charged
with criminal offenses and the penal treatment of persons convicted of such
offenses; the functioning of the courts of the county, both internally and
in relation to all other public agencies of the State and county whose work
connects with that of such courts; the rules of such courts; and the
administrative methods employed therein. The suggestions and
recommendations resulting from such study shall from time to time be
reported in writing to the County Board and, so far as they relate to
legislation, shall also be laid before the Judicial Advisory Council of the
State of Illinois. The Council shall further co-operate with the Judicial
Advisory Council of the State of Illinois in such manner as is or may be
prescribed by law in relation to that body.
(Source: P.A. 86-962.)
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55 ILCS 5/5-18003
(55 ILCS 5/5-18003) (from Ch. 34, par. 5-18003)
Sec. 5-18003.
Powers of Council.
The Council
is empowered to prepare and cause to be printed any and
all drafts of bills intended to carry out its recommendations, as well as
any and all reports, memoranda or other papers necessary or incident to the
performance of its tasks. Its members, with a view to obtaining information
and suggestions which will aid in the attainment of its objects, are
authorized to visit and observe the courts of other jurisdictions and to
attend meetings of professional bodies and of associations and groups
engaged in study or research or other work contributing to the
modernization of law or procedure or otherwise looking to better standards
of civil or criminal justice.
(Source: P.A. 86-962.)
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55 ILCS 5/5-18004
(55 ILCS 5/5-18004) (from Ch. 34, par. 5-18004)
Sec. 5-18004.
Office quarters.
The county board shall provide and
maintain office quarters for the use of the Council in the transaction of
its business. The number and compensation of the clerical, expert and other
assistance to be engaged by the Council and the amount of expenses to be
incurred by the Council shall annually be fixed by the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-18005
(55 ILCS 5/5-18005) (from Ch. 34, par. 5-18005)
Sec. 5-18005.
Expenses.
The County Board shall appropriate from
the county treasury, from year to year, such sums as it may deem necessary
and reasonable to defray the expenses of the Council in the performance of
its duties.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-19
(55 ILCS 5/Div. 5-19 heading)
Division 5-19.
Safety Council
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55 ILCS 5/5-19001
(55 ILCS 5/5-19001) (from Ch. 34, par. 5-19001)
Sec. 5-19001.
Creation of safety council.
The county
board of any county may, by resolution, provide for the creation
of a safety council for the county to consist of such number of
members to serve for such terms as may be provided in such
resolution or any amendment thereof. The council may be authorized
to appoint and fix the salary of a safety director and such other
employees as the county board designates. The members of the safety
council shall receive no compensation but may be reimbursed for any
necessary expenses incurred in the performance of their duties.
(Source: P.A. 86-962.)
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55 ILCS 5/5-19002
(55 ILCS 5/5-19002) (from Ch. 34, par. 5-19002)
Sec. 5-19002.
Powers and duties of council.
The safety council shall
conduct safety programs and safety educational campaigns to promote the
protection and conservation of life and property and the prevention of
accidents in the county. The council may cooperate with State agencies,
other political subdivisions, municipal corporations and private
organizations in the conduct of such programs and campaigns.
(Source: P.A. 86-962.)
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55 ILCS 5/5-19003
(55 ILCS 5/5-19003) (from Ch. 34, par. 5-19003)
Sec. 5-19003.
Appropriations.
The county board may appropriate from
the county treasury such sums as it may deem necessary to defray the
expenses of the safety council in the performance of its duties.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-20
(55 ILCS 5/Div. 5-20 heading)
Division 5-20.
Board of Health
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55 ILCS 5/5-20001
(55 ILCS 5/5-20001) (from Ch. 34, par. 5-20001)
Sec. 5-20001.
Powers and duties of board of health.
The board
of county commissioners in counties not under township
organization, and the supervisor, assessor and town clerk of every town in
counties under township organization, shall constitute a board of health,
and on the breaking out of any dangerously communicable diseases in their
county or town, or in the immediate vicinity thereof, it may make and
enforce such rules and regulations tending to check the spread of the
disease within the limits of the county or town as may be necessary; and
for this purpose the board may quarantine any house or houses or place where
any infected person may be, and cause notices of warning to be put thereon,
and require the disinfection of the house or place: Provided, that nothing
in this Division shall apply to any territory lying within the corporate
limits of any city or village: Provided, further, that in case the board of
health in any county not under township organization, or of any township in
counties under township organization fails, refuses or neglects to promptly
take the necessary measures to preserve the public health, or in case any
such board of health refuses or neglects to carry out the rules and
regulations of the Department of Public Health, that thereupon the
Department of Public Health may discharge such duties and collect from the
county or township, as the case may be, the reasonable costs, charges and
expenses incurred thereby.
No board of health constituted under this Division shall
function in any county during the period that Division 5-25 is in force
in that county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20002
(55 ILCS 5/5-20002) (from Ch. 34, par. 5-20002)
Sec. 5-20002.
Additional powers.
The boards of health shall
have the following powers:
First--To do all acts, make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease.
Second--To appoint physicians as health officers and prescribe their
duties.
Third--To incur the expenses necessary for the performance of the duties
and powers enjoined upon the board.
Fourth--To provide gratuitous vaccination and disinfection.
Fifth--To require reports of dangerously communicable diseases.
No board of health constituted under this Division shall
function in any county during the period that Division 5-25 is in force
in that county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20003
(55 ILCS 5/5-20003) (from Ch. 34, par. 5-20003)
Sec. 5-20003.
Violations.
Any person who shall violate or refuse to
obey, any rule or regulation of the said board of health, shall be guilty
of a Class B misdemeanor.
All fines collected under the provisions of this Division
shall be paid into the county treasury of the county in which the suit is
brought, to be used for county purposes, and it shall be the duty of the
State's Attorney in the respective counties to prosecute all persons
violating, or refusing to obey, the rules of said local boards of health.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20004
(55 ILCS 5/5-20004) (from Ch. 34, par. 5-20004)
Sec. 5-20004.
Record.
The clerk of the board of county
commissioners, or the town clerk, as the case may be, shall keep a full
record of all the doings of said board and report the same to the annual
meeting of such board of county commissioners, or town board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-20005
(55 ILCS 5/5-20005) (from Ch. 34, par. 5-20005)
Sec. 5-20005.
Compensation.
Except as hereinafter provided, the
members of such boards of health shall be allowed for the time spent in the
performance of their duties, each the sum of $1.50 per day, which together
with all bills by them contracted and all sums of money by them expended,
shall be audited and paid in the same manner as other county and town
expenses. Members of boards of county commissioners elected after July 1,
1965, shall receive no per diem, for serving as a member of a board of health.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-21
(55 ILCS 5/Div. 5-21 heading)
Division 5-21.
County Homes
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55 ILCS 5/5-21001
(55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
Sec. 5-21001. Establishment and maintenance of county home. In any county
which establishes and maintains a county sheltered care home or a county
nursing home for the care of infirm or chronically ill persons, as provided
in Section 5-1005, the County Board shall have power:
1. To acquire in the name of the county by purchase, grant, gift, or
legacy, a suitable tract or tracts of land upon which to erect and
maintain the home, and in connection therewith a farm or acreage for the
purpose of providing supplies for the home and employment for such
patients as are able to work and benefit thereby.
The board shall expend not more than $20,000 for the purchase of any
such land or the erection of buildings without a 2/3 vote of all its
members in counties of 300,000 or more population, or a favorable
vote of at least a majority of all its members in counties under 300,000
population.
2. To receive in the name of the county, gifts and
legacies to aid in the erection or maintenance of the home.
3. To appoint a superintendent and all necessary employees for the
management and control of the home and to prescribe their compensation
and duties.
4. To arrange for physicians' or other health care professionals' services and other medical care for
the patients in the home and prescribe the compensation and duties of
physicians so designated.
5. To control the admission and discharge of patients in the home.
6. To fix the rate per day, week, or month which it will charge for
care and maintenance of the patients. Rates so established may vary
according to the amount of care required, but the rates shall be uniform
for all persons or agencies purchasing care in the home except rates for
persons who are able to purchase their own care may approximate actual cost.
7. To make all rules and regulations for the management of the home
and of the patients therein.
8. To make appropriations from the county treasury for the purchase
of land and the erection of buildings for the home, and to defray the
expenses necessary for the care and maintenance of the home and for
providing maintenance, personal care and nursing services to the
patients therein, and to cause an amount sufficient for those purposes
to be levied upon the taxable property of the counties and collected as
other taxes and further providing that in counties with a population of
not more than 1,000,000 to levy and collect
annually a tax of not to exceed .1% of the value, as equalized or
assessed by the Department of Revenue, of all the
taxable property in the county for these purposes. The tax shall be in
addition to all other taxes which the county is authorized to levy on
the aggregate valuation of the property within the county and shall not
be included in any limitation of the tax rate upon which taxes are
required to be extended, but shall be excluded therefrom and in addition
thereto. The tax shall be levied and collected in like manner as the
general taxes of the county, and when collected, shall be paid into a
special fund in the county treasury and used only as herein authorized. No
such tax shall be levied or increased from a rate lower than the maximum
rate in any such county until the question of levying
such tax has first been submitted to the voters of such county at an
election held in such county, and has been approved by a majority of such
voters voting thereon. The corporate authorities shall certify the
question of levying such tax to the proper election officials, who shall
submit the question to the voters at an election held in accordance with
the general election law.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall ........ County be authorized to levy and collect a tax at a rate not YES to exceed .1% for the purpose of - - - - - - - - - - - - - - - - - - - -
........ (purchasing, maintaining) a NO county nursing home? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of votes cast on the question are in favor, the county shall
be authorized to levy the tax.
If the county has levied such tax at a rate lower than the maximum
rate set forth in this Section, the county board may increase the rate of
the tax, but not to exceed such maximum rate, by certifying the proposition
of such increase
to the proper election officials for submission to the voters of the county
at a regular election in accordance with the general election law. The
proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the maximum rate of the tax levied by........ YES County for the purpose of....... (purchasing, maintaining) a - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
county nursing home be increased from........ to NO ........ (not to exceed .1%) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all the votes cast upon the proposition are in favor
thereof, the county board may levy the tax at a rate not to exceed the rate
set forth in this Section.
9. Upon the vote of a 2/3 majority of all the members of the
board, to sell, dispose of or lease for any term, any part of the home
properties in such manner and upon such terms as it deems best for the
interest of the county, and to make and execute all necessary
conveyances thereof in the same manner as other conveyances of real
estate may be made by a county. However, if the home was erected after
referendum approval by the voters of the county, it shall not be sold
or
disposed of except after referendum approval thereof by a
majority of the voters of the county voting thereon.
If the home was erected after referendum approval by the voters of the
county, the county nursing home may be leased upon the vote of a 3/5 majority
of
all the members of the board.
10. To operate a sheltered care home as a part of a county nursing
home provided that a license to do so is obtained pursuant to the
Nursing Home Care Act, as amended.
(Source: P.A. 99-581, eff. 1-1-17 .)
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55 ILCS 5/5-21002
(55 ILCS 5/5-21002) (from Ch. 34, par. 5-21002)
Sec. 5-21002.
Cemeteries connected with facility.
Any county
which, on January 1, 1980, operates a county sheltered
care home, county nursing home or county home for the aged, and in
connection therewith maintains a cemetery for indigent persons who die
while patients or residents of such a home, shall have the power to
continue operating and maintaining the cemetery without regard to any
changes in the operational status of the home.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21003
(55 ILCS 5/5-21003) (from Ch. 34, par. 5-21003)
Sec. 5-21003.
Management contracts for sheltered care or nursing
homes. The county board may, pursuant to Section
5-21006, provide by contract for the management of a county
sheltered care home or county nursing home, including the powers and
functions set forth in subparagraphs 3 through 7 of Section 5-21001.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21004
(55 ILCS 5/5-21004) (from Ch. 34, par. 5-21004)
Sec. 5-21004.
Joint county homes.
Any county may contract
with another county or counties jointly to secure, by purchase
or otherwise, necessary lands, and to erect and maintain a county
sheltered care home or county nursing home under this Division.
The approval of the County Board of each county shall be necessary
for the exercise of the powers enumerated in Section 5-21001. A
joint home may be dissolved or abandoned by agreement of the
participating counties, or upon petition to the Circuit Court, upon
such terms as are equitable and just to the participating counties.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21005
(55 ILCS 5/5-21005) (from Ch. 34, par. 5-21005)
Sec. 5-21005.
Management of home or farm.
Each county sheltered care
home or county nursing home shall be conducted by the county, or counties
in the case of a joint home, through its or their officers or employees,
except that management may be provided by contract pursuant to Section
5-21006. A home shall not be let or rented to any individual, association,
or corporation except that a county of more than 150,000 but less than
500,000 population may lease such home to any township in the county having
more than 125,000 population. However, the manner of operating a farm or
acreage acquired in connection with a county sheltered care home or a
county nursing home shall be within the sound discretion of the County
Board. Such farms or acreage may be rented or leased to either public or
private entities at such time or times and on such terms and conditions,
including crop-sharing arrangements, as the Board deems best for the
interest of the county.
The management of any such home or farm may have and maintain a petty
cash fund at such sheltered care home or county nursing home in the
amount not to exceed $2,500 for the purpose of paying small expenses of
not over $100 each.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21006
(55 ILCS 5/5-21006) (from Ch. 34, par. 5-21006)
Sec. 5-21006.
Rules governing county boards.
When a county
board has decided by majority vote to provide for the management of a
county sheltered care home or county nursing home by contract, it shall
comply with the following:
(a) Bids. The board shall advertise for bids by publishing a notice on
at least 2 separate days in a newspaper of general circulation published
in the county not more than 30 days nor less than 15 days prior to the opening
of bids. Such advertisement for bids shall specify the conditions set forth
in this Section. Upon the opening of bids, the county board shall award
the contract to the lowest responsible bidder except that the board may
reject all bids. If the board rejects all bids and votes to obtain new
bids, the requirements concerning procedure and advertising set forth in
this Section shall apply to such new bids.
(b) Conditions of Contract. The county board shall not enter into a contract
pursuant to this Section which does not contain the following provisions:
(1) All applicable State and Federal rules and regulations shall be adhered
to and full cooperation shall be given to all legitimate State and Federal
requests for inspections and information. Such compliance shall include
but not be limited to the provisions of the "Nursing Home Care
Act", approved August 23, 1979, as amended.
(2) The powers of the county board contained in Sections 5-21009 and
5-21010 shall be maintained by the board.
(3) The contractor shall make monthly written reports to the county board
or a health services committee of the board and shall meet with the board
or its committee at least once every 2 months. The contractor shall also
make an annual report to the board. The content of such reports shall be
specified in the contract.
(4) The facilities and records of the home shall be open for inspection
by the board at all times.
(5) No contract may extend for a period beyond 4 years.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-21007
(55 ILCS 5/5-21007) (from Ch. 34, par. 5-21007)
Sec. 5-21007.
Name of joint home.
The County Board of the county, or
County Boards in the case of a joint home, shall select a suitable name for
the home but no name shall employ any word or term indicating that the home
is maintained for the care and support of destitute persons.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21008
(55 ILCS 5/5-21008) (from Ch. 34, par. 5-21008)
Sec. 5-21008.
Licensing and regulation.
Any county sheltered care
home or county nursing home established under this Division shall be
subject to the provisions of the "Nursing Home Care Act", as amended.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-21009
(55 ILCS 5/5-21009) (from Ch. 34, par. 5-21009)
Sec. 5-21009. Purchase of care. Any infirm or chronically ill
resident of the county, or resident of participating counties in the case
of a joint home, who desires to purchase care and maintenance in the county
home with his own funds or with a public aid grant awarded to him under
"The Illinois Public Aid Code" may be received and cared for in the home.
Upon authorization of the County Board, or the County Boards in the case
of a joint home, infirm or chronically ill residents of other counties who
desire to purchase care and maintenance in the home from their own funds or
from public aid grants may also be admitted to the home.
The Department of Healthcare and Family Services, any local Supervisor of General
Assistance, and any other State or local agency may also purchase care in
the home for persons under their charge by paying the rates established by
the County Board.
(Source: P.A. 95-331, eff. 8-21-07.)
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55 ILCS 5/5-21010
(55 ILCS 5/5-21010) (from Ch. 34, par. 5-21010)
Sec. 5-21010.
Admission of persons unable to purchase care and
maintenance. Any infirm or chronically ill resident of the county, or of a
participating county in the case of a joint home, who is unable to purchase
care and maintenance in the county home shall be admitted upon the order of
the Supervisor of General Assistance of the local governmental unit in
which he has residence. If a county has not established a home, or the
facilities of the county's home are insufficient, the Supervisor of General
Assistance may provide for the admission and maintenance of such person in
the home of another county. If the governmental unit fails to pay for the
person's care and maintenance, the county may recover the amount due for
care by appropriate civil action against the governmental unit.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21011
(55 ILCS 5/5-21011) (from Ch. 34, par. 5-21011)
Sec. 5-21011.
Payment of charges.
The charge for care of each patient
shall be paid to the superintendent of the home, or otherwise, as provided
by the governing County Board or Boards.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21012
(55 ILCS 5/5-21012) (from Ch. 34, par. 5-21012)
Sec. 5-21012.
Reports by superintendent.
The superintendent of the
home shall annually, and at such other times as may be required by the
governing County Board or Boards, make full and complete reports of all
moneys received and expended by him and furnish such other information in
relation to the home as may be required of him by the County Board or Boards.
(Source: P.A. 86-962.)
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55 ILCS 5/5-21013
(55 ILCS 5/5-21013) (from Ch. 34, par. 5-21013)
Sec. 5-21013.
Records pertaining to patients.
The governing County
Board or Boards shall keep or cause to be kept accurate records relating to
the identification, residence, dates of admission and discharge, and
medical history of all patients in the home, and such further records as
are deemed necessary for the efficient administration of the home.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-22
(55 ILCS 5/Div. 5-22 heading)
Division 5-22.
Homes for the Aged
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55 ILCS 5/5-22001
(55 ILCS 5/5-22001) (from Ch. 34, par. 5-22001)
Sec. 5-22001.
Establishment and maintenance of homes
for the aged. Any county is authorized to purchase or
construct, equip, operate and maintain one or more homes
for the aged.
In order to finance any such home, any county may borrow money and issue
and sell bonds in such amount or amounts as it may determine, and may
refund and refinance the same from time to time whenever the public
interest so requires.
(Source: P.A. 86-962.)
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55 ILCS 5/5-22002
(55 ILCS 5/5-22002) (from Ch. 34, par. 5-22002)
Sec. 5-22002.
Rules and regulations; admissions.
The county board, as the case may be,
may make such reasonable rules and regulations regarding the management and
control of any home for the aged as may be required to accomplish the
purposes of the Division subject to and not in conflict with
the provisions of the Nursing Home Care Act, as heretofore or hereafter amended.
Any such home shall be available for the use of any aged person who is
able, through private means or public subsidy or combination thereof, to
pay the prescribed rental and to meet any rules or regulations necessary
for the operation of such home.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-22003
(55 ILCS 5/5-22003) (from Ch. 34, par. 5-22003)
Sec. 5-22003.
Bonds.
All bonds issued under this Division
shall bear interest of not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, and may be sold by the issuing authority in such manner
as may be in the public interest; provided, that such bonds shall be sold
at such price that the interest cost of the proceeds therefrom will not
exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, based
on the average maturity of such bonds, and
computed according to standard tables of bond values. Such bonds shall be
payable solely and only from the revenues to be derived from the operation
of the home for the financing of which they are issued; and such fact shall
be plainly stated on the face of each bond. Such bonds shall be deemed
negotiable instruments. They shall bear such date or dates and may mature
at such time or times, not exceeding 40 years from their date or dates, and
may be in such form, carry such registration privilege, may be payable at
such place or places, may be subject to such terms of redemption, prior to
maturity with or without premium, as so stated on the face of each bond,
may contain such terms and covenants, as may be determined by the issuing
authority. Such bonds shall be executed by the chairman of the county board
and the county treasurer. Any bonds bearing the signatures of officers in
office at the date of signing thereof shall be valid and binding for all
purposes, notwithstanding that before delivery thereof any or all such
persons whose signatures appear thereon shall cease to be such officers.
Signatures on bonds may be facsimile. Every home shall be financed by a
separate bond issue.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
in relation to homes for the aged", approved July 21, 1959, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to homes
for the aged", approved July 21, 1959, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/5-22004
(55 ILCS 5/5-22004) (from Ch. 34, par. 5-22004)
Sec. 5-22004.
Rentals.
Whenever bonds are issued under this
Division, the county board shall establish rentals for the use of any home
sufficient at all times to pay maintenance and operation costs, and the
principal of and interest upon such bonds.
(Source: P.A. 86-962.)
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