(55 ILCS 5/5-23031) (from Ch. 34, par. 5-23031)
Sec. 5-23031.
Appointment of board of directors.
When in any county
such a proposition, for the levy of a tax for the care and treatment of
persons afflicted with tuberculosis has been adopted as aforesaid a board
of directors shall be appointed, and the provisions of Section 5-23007
shall govern the appointment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23032) (from Ch. 34, par. 5-23032)
Sec. 5-23032.
Term of office and removal.
The terms of office
and removal of the directors, appointed under Section 5-23031, shall be
governed by the provisions of Section 5-23008.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23033) (from Ch. 34, par. 5-23033)
Sec. 5-23033.
Vacancies; compensation of directors.
Vacancies
in the Board of Directors appointed under Section 5-23031, and their
compensation shall be governed by Section 5-23009.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23034) (from Ch. 34, par. 5-23034)
Sec. 5-23034.
Organization of board; rules and regulations.
In counties where a proposition for the levy of tax for the care
and treatment of persons afflicted with tuberculosis has been adopted as
aforesaid, said directors shall, immediately after appointment, meet and
organize by the election of one of their number as president and one as
secretary, and by the election of such other officers as they may deem
necessary, they shall make and adopt such by-laws, rules and regulations,
for their own guidance and for the care and treatment of persons afflicted
with tuberculosis as may be expedient and helpful and not inconsistent with
this Division. They shall have the exclusive control of the
expenditure of all moneys collected and appropriated to the credit of the
tuberculosis care and treatment fund, provided that all moneys received for
the care and treatment of persons afflicted with tuberculosis shall be
deposited in the treasury of said county to the credit of the tuberculosis
care and treatment fund and shall not be used for any other purpose and
shall be drawn upon by the proper officers of said county upon the properly
authenticated vouchers of said board of directors.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23035) (from Ch. 34, par. 5-23035)
Sec. 5-23035.
Prompt payment.
Purchases made pursuant to this
Division shall be made in compliance with the "Local Government
Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23036) (from Ch. 34, par. 5-23036)
Sec. 5-23036.
Use of tax funds.
In counties
where a proposition for the levy of a tax for the care and treatment of
persons afflicted with tuberculosis has been adopted as
provided in this Division, the board of directors shall use
funds secured under this Division in providing sanitarium care
in private or public sanitariums and clinical and follow-up services for
inhabitants of the county who may be afflicted with tuberculosis. The board
of directors shall, upon the request or by the consent of the person afflicted
or of his or her parent or guardian, under proper rules and regulations, care
for and treat tuberculosis in the homes of persons afflicted with
tuberculosis, shall furnish nurses, instruction, medicines, attendance and
all other aid necessary to effect a cure and shall do all things in and
about the treatment and care of persons afflicted with tuberculosis, which
will have a tendency to effect a cure of the person or persons afflicted
therewith and to eradicate tuberculosis in the county including the
discovery of undiagnosed tuberculosis in the county. No person shall be
compelled to undergo an examination or test for tuberculosis if he or she
objects thereto on the ground that it is contrary to his or her religious
convictions, unless there is probable cause to suspect that he or she is
infected with tuberculosis in a communicable stage. Boards of directors
shall provide out-patient clinical and follow-up services to tuberculosis
patients, in accordance with minimum standards prescribed therefor, by the
director of the Department of Public Health. The board of directors may
make such arrangements and agreements with public or private health
agencies for cooperation and assistance in providing case-finding services
and out-patient clinical and follow-up services as it considers necessary
or desirable.
(Source: P.A. 86-962; 86-1475.)
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(55 ILCS 5/5-23037) (from Ch. 34, par. 5-23037)
Sec. 5-23037.
Discontinuance of treatment; referendum.
Any
county which has adopted the provisions of this Division under Sections
5-23028 and 5-23029 or Sections 5-23039 and 5-23040
for the care and treatment of persons afflicted with tuberculosis may
discontinue it by a referendum initiated by a petition signed by not less
than 5% of the registered voters in each of at least 2/3 of the townships
or road districts within the county and presented to the county board. The
board shall certify the proposition to the proper election officials, who
shall submit the proposition at an election in accordance with the general
election law. The proposition shall be in substantially the following
form:
Shall the tax for care and YES treatment of persons afflicted
with tuberculosis be discontinued? NO
If a majority of the votes cast upon the proposition are for the
discontinuance, the board of directors shall proceed at once to close up
the affairs of the board. After the payment of all obligations the
moneys in the tuberculosis care and treatment fund shall become a part
of the general funds in the county treasury and the county board shall
take over all property and equipment in the custody and under the
control of the board of directors. The county board may sell such
property or make such other disposition as is for the best interests of
the county.
The terms of the board of directors shall terminate when their duties
in connection with closing up the affairs of the Board have ended.
(Source: P.A. 86-962 .)
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(55 ILCS 5/5-23038) (from Ch. 34, par. 5-23038)
Sec. 5-23038.
Subsequent vote to levy tax.
A
vote under Sections 5-23029 and 5-23030 or Sections 5-23039 and 5-23040 in
favor of levying of the tax for the purpose stated, shall
not prevent a subsequent vote to levy the tax under Sections 5-23001 and
5-23006 for the purpose stated in said Sections
5-23001 and 5-23006, but if such vote is in favor of
levying the tax under Sections 5-23001 and 5-23006 for the
purpose stated therein, the tax, previously authorized under Sections
5-23029 and 5-23030 or Sections 5-23039 and 5-23040, as the case
may be, shall be discontinued without submission
of the question of discontinuing said tax to a vote of the electors.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23039) (from Ch. 34, par. 5-23039)
Sec. 5-23039.
Tuberculosis Care and Treatment Fund.
The county board of each county in this State shall have the power,
in the manner provided hereinafter in Section 5-23040, to provide for
the care and treatment of the inhabitants thereof who
may be afflicted with tuberculosis and to levy in excess of the statutory
limit, an additional annual tax of not to exceed .075 per cent of the value
as equalized or assessed by the Department of Revenue of all taxable
property of the county, such tax to be levied and collected in like manner
with general taxes of such county and to form, when collected, a fund to be
known as the "Tuberculosis Care and Treatment Fund".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23040) (from Ch. 34, par. 5-23040)
Sec. 5-23040.
Additional taxes.
Whenever 100
legal voters of any county shall present a petition to
the county board of such county asking that there be levied, in excess
of the statutory limit, an additional annual tax of not to exceed .075
per cent of the value as equalized or assessed by the Department of
Revenue, of all taxable property of the county, for the
care and treatment of persons afflicted with tuberculosis, such county
board shall certify the proposition to the proper election officials, who
shall submit the proposition at an election
in accordance with the general election law. The proposition shall be in
substantially the following form:
Shall.... County levy, in excess of the statutory limit, an YES additional annual tax of not to
exceed .075 per cent for the care and treatment of persons afflicted NO with tuberculosis?
If a majority of all votes cast upon the proposition is in favor
thereof, the county board of such county shall thereafter levy annually,
in excess of the statutory limit, a tax of not to exceed .075 per cent
of the value as equalized or assessed by the Department of Revenue for the
care and treatment of persons afflicted with tuberculosis, which tax shall
be collected in like manner with the other general taxes in the county and
shall be known as the "Tuberculosis Care and Treatment Fund", and
thereafter the county board of such county shall in the annual
appropriation bill, appropriate from such fund such sum or sums of money as
may be deemed necessary to defray the necessary cost and expense of
providing care and treatment of persons afflicted with tuberculosis. Such
tax, when so voted, shall be an additional annual tax in excess of the
statutory limit without any further authority or vote of any kind.
(Source: P.A. 86-962 .)
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(55 ILCS 5/5-23041) (from Ch. 34, par. 5-23041)
Sec. 5-23041.
Appointment of board of directors.
When in any
county a proposition for the levy of an additional annual tax in excess of
the statutory limit for the care and treatment of persons afflicted with
tuberculosis has been adopted as authorized by Sections 5-23039 and
5-23040, a board of directors shall be appointed and the provisions of
Section 5-23007 shall govern the appointment, Section
5-23008 shall govern the terms of office and removal
of such directors; and vacancies in the board of directors, occasioned by
removal, resignation or otherwise, shall be reported to the county board,
and be filled in like manner as original appointments; and no director
shall receive compensation as such, or be interested, either directly or
indirectly, financially, in any contract or purchase or sale of any
supplies in connection with the care and treatment of persons afflicted
with tuberculosis.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23042) (from Ch. 34, par. 5-23042)
Sec. 5-23042.
Powers and duties of board.
All provisions in Sections
5-23034 and 5-23036 shall be applicable to the boards of directors in
counties where a proposition for levy of an additional annual tax in excess
of the statutory limit for care and treatment of persons afflicted with
tuberculosis has been adopted and such boards shall have all the powers and
authority therein contained.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23043) (from Ch. 34, par. 5-23043)
Sec. 5-23043.
Effect of vote to levy tax.
A vote
under Sections 5-23029 and 5-23030, in favor of the levying of the tax for
the purpose stated, shall not prevent a subsequent vote to levy an
additional tax in excess of the statutory limit under Sections 5-23039
and 5-23040 for the purpose stated in said
Sections, but if the vote shall be in favor of levy of such additional tax
in excess of the statutory limit, the tax under Sections 5-23029 and
5-23030 shall be discontinued without submission of
question of discontinuance to the electors.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-24 heading) Division 5-24.
Cancer and Tumor Relief
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(55 ILCS 5/5-24001) (from Ch. 34, par. 5-24001)
Sec. 5-24001.
Funds for treatment of persons unable to pay.
Each county of this State shall provide funds, in the manner hereinafter
provided, for the treatment of persons in their respective counties
afflicted with cancer or tumor who are unable to pay for such treatment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24002) (from Ch. 34, par. 5-24002)
Sec. 5-24002.
Applications for benefits.
It shall be the duty of the
presiding officer of the county board of each county, with the advice and
consent of that county board, to appoint a duly licensed physician,
hereinafter called the examiner, who is familiar with cancer and tumor
cases, who shall maintain an office in some convenient place during the
entire year for the purpose of examining applicants for the benefits of the
provisions of this Division.
Such examiner shall examine all applicants desiring to receive the
benefits of the provisions of this Division, referred to him by
the county board and shall endorse on each such application a certificate
to each such applicant, stating whether or not in his opinion such
applicant is entitled to receive the benefits of the provisions of this
Division.
Such application may be filed with the county board by the person
afflicted with cancer or tumor, and whenever it shall come to the notice of
any public health nurse, any public health officer, or any physician of
such county, that any person entitled to the benefits of this Division
has not applied therefor, it shall be the duty of such nurse,
health officer or physician to file such an application with such board on
behalf of such afflicted person.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24003) (from Ch. 34, par. 5-24003)
Sec. 5-24003.
Petition; hearing.
Whenever an examiner certifies that
an applicant is entitled to the benefits of this Division, such
examiner shall file a petition on behalf of such applicant in the circuit
court, which petition shall set forth such facts as are necessary under
this Division to give the court jurisdiction of the
subject-matter thereof and a full statement of the financial condition of
the applicant. The court shall set a day for a hearing on such petition
which shall be not less than 3 nor more than 10 days after the date of the
filing thereof. The court may require such persons as it deems necessary to
appear and testify at any such hearing and may direct that process be
issued requiring the attendance at such hearing of any such persons.
If the applicant is too ill to be present in the court room at the time
of such hearing, the court may, in its discretion, hold all or part of such
hearing at the home of the applicant or at such other place wherein the
applicant may be confined.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24004) (from Ch. 34, par. 5-24004)
Sec. 5-24004.
Order for payment for treatment by county.
Upon
the hearing of such a petition and the court being fully
advised in the premises, and finding the facts therein alleged to be true,
and that the applicant is financially unable to pay for such treatment and
that no relative legally responsible therefor is financially able to pay
for such treatment, may make an order upon the county board to pay for any
such treatment for the applicant for any sum not in excess of $40 per
month as the court deems necessary and
reasonable considering the financial condition of the applicant, which sum
may be used to provide necessary treatment, and in addition thereto,
medicine, nursing care and food for such applicant, if such applicant is
shown to be financially unable to pay for such medicine, care or food. It
shall thereupon be the duty of the county board to see that such amount so
fixed by the court is expended for treatment, or treatment and medicine,
nursing care and food, as the case may be, for such applicant, until
further order of the court.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24005) (from Ch. 34, par. 5-24005)
Sec. 5-24005.
Residence requirements.
Such relief shall not be
granted by the court to any person who has not resided in the county where
application is made at least one year next preceding such application.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24006) (from Ch. 34, par. 5-24006)
Sec. 5-24006.
Application by person having custody.
Any guardian
or other person having the custody of any such afflicted person may file an
application on behalf of such person.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24007) (from Ch. 34, par. 5-24007)
Sec. 5-24007.
Fee for examination.
The examiner shall be paid the
sum of $5, by the county board, for each such examination of an applicant.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24008) (from Ch. 34, par. 5-24008)
Sec. 5-24008.
Court order.
The court upon ordering, in connection
with any petition, that the county board provide a designated sum for
treatment for any such person, may also provide that such applicant may be
treated in some hospital in the county or in a home.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24009) (from Ch. 34, par. 5-24009)
Sec. 5-24009.
Examination in State clinic or in hospital outside county;
nursing care. In connection with any such petition, when it is called to the
attention of the court that a proper and timely diagnosis of applicant's
case cannot be had locally, the court may make such order as may be
necessary and proper for sending the applicant to some hospital outside of
such county for examination and for the payment of the necessary expense
incident thereto. If the State is maintaining any clinic in such county, or
in any other county within a reasonable distance of such county, for the
purpose of treating cancer or tumor patients, the court shall send the
applicant to such clinic instead of to a hospital. Whenever it is, in the
opinion of the court, necessary for any such applicant to have the care of
a nurse, either in a hospital or a home, and it is shown to the
satisfaction of the court that because of the necessity of such nursing
care, the sum of $40 per month as authorized under the provisions of
Section 5-24004, is insufficient to adequately provide for the cost of such
nursing care, the court may authorize the payment of not to exceed $20 per
month for such care, in addition to such sum of $40.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24010) (from Ch. 34, par. 5-24010)
Sec. 5-24010.
Payments by county treasurer.
All payments to persons
entitled to relief under the provisions of this Division shall be paid by
the county treasurer after approval of the claim therefor by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24011) (from Ch. 34, par. 5-24011)
Sec. 5-24011.
Termination of payments.
Whenever a court, which has
authorized relief under the provisions of this Division, is of the opinion
that any recipient of such relief is cured, no longer in need of treatment,
or that further treatments cannot benefit him or for any other reason the
court may order that such recipient shall no longer receive payments under
the provisions hereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24012) (from Ch. 34, par. 5-24012)
Sec. 5-24012.
Adoption of Division.
This Division shall not be
effective in any county unless the proposition of its adoption is submitted
to the voters of the county at any regular election and unless a majority
of the votes cast at such election upon the proposition are in favor of
its adoption.
Whenever a petition signed by 200 or more legal voters of any
county is presented to the county board requesting the submission of the
proposition of whether or not the county should provide for the treatment
of persons afflicted with cancer or tumor, the county board shall adopt
a resolution for the submission of the proposition at the next regular
election held in the county. The county board shall certify the resolution
and the proposition to the proper election officials who shall submit the
proposition at said election in accordance with the general election law.
The proposition shall be in substantially the
following form:
For the adoption of Division 5-24 of the Counties Code (Cancer and Tumor Relief).
Against the adoption of Division 5-24 of the Counties Code (Cancer and Tumor Relief).
If a majority of the legal voters of the county voting on the
proposition vote in favor thereof, the proposition shall be deemed
adopted.
(Source: P.A. 86-962 .)
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(55 ILCS 5/5-24013) (from Ch. 34, par. 5-24013)
Sec. 5-24013.
Discontinuance of treatment.
Whenever a petition
signed by 200 or more legal voters of a county which has adopted this
Division, is presented to the county board, requesting the
submission of a proposition whether or not the treatment of persons
afflicted with cancer or tumor under the provisions of this Division
be discontinued, the county board shall adopt a resolution
providing for the submission of the proposition to the voters of the county
in a similar manner as is hereinabove provided for the submission of the
proposition for the adoption of the provisions of this Division. The
county board shall certify the resolution and the proposition
to the proper election officials, who shall submit the proposition at an
election in accordance with the general election law.
If a majority of the voters of the county voting upon the proposition
are in favor thereof the proposition shall be deemed adopted and the
treatment of persons afflicted with cancer or tumor and any tax levied
therefor shall be discontinued in the county. If any funds remain to the
credit of the Cancer and Tumor Fund, after such a tax has been
discontinued, and no outstanding indebtedness exists against the county
for the purpose of the treatment of persons afflicted with cancer or
tumor, the remaining funds shall be paid into the general fund for
county purposes in the county treasury.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-25 heading) Division 5-25.
County and Multi-county Health Departments
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