| |
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.
() 55 ILCS 5/5-25009
(55 ILCS 5/5-25009) (from Ch. 34, par. 5-25009)
Sec. 5-25009.
Abandonment of city, village or town department.
Any city, village or incorporated town, or combination thereof or
any public health district which maintains its own independent health
department may abandon the same and become integrated in the county or
multiple-county health department. The method of abandonment, unless
otherwise prescribed by law, shall be the same as the method of adoption.
Abandonment shall become effective at the end of the fiscal year of the
city, village, incorporated town or public health district.
Any county which establishes a county health department may unite with
other counties to organize a multiple-county health department, in which
event the county health department shall be dissolved as soon as the
multiple-county health department is organized and all of its records shall
be transferred to the multiple-county health department.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-25010
(55 ILCS 5/5-25010) (from Ch. 34, par. 5-25010)
Sec. 5-25010. Annual tax levy. The county board of any county which
has established and is maintaining a county or multiple-county health
department shall, when authorized as provided in Sections 5-25003 or
5-25004, levy annually therefor, in excess of the statutory limit, a tax of
not to exceed .1% of the value plus the additional tax, if applicable,
provided for in Section 5-23002, as equalized or assessed by the Department of Revenue, of
all taxable property of the county, which tax shall be levied and collected in
like manner as general county taxes and shall be paid (except as provided in
Section 5-25011) into the county treasury and held in the County Health Fund
and shall be used only for the purposes of this Division.
Where there is a county health department, the County Health Fund
shall be drawn upon by the proper officers of the county upon the
properly authenticated vouchers of the county health department. Where
there is a multiple-county health department, the County Health Fund
shall be drawn upon by the treasurer of the board of health of the
multiple-county health department. In counties maintaining single county
health departments, each county board shall appropriate from the County
Health Fund such sums of money as may be sufficient to fund the approved
budget of the county health department, so long as those sums have been set out
in the annual budget submitted to the county board by the county board
of health and that annual budget has been approved by the county board.
In counties with a population between 700,000 and 3,000,000, the county board
chairman has the power to veto or reduce any line item in the appropriation
ordinance for the county or multiple-county health
department as provided in Section 5-1014.5.
Each county board of counties participating in the maintenance of a
multiple-county health department shall appropriate from the County
Health Fund and shall authorize the county treasurer to release
quarterly or more often to the treasurer of the board of health of the
multiple-county health department such sums of money as are in
accordance with the budget submitted by the multiple-county board of
health and approved by the county board of each of the participating
counties as may be necessary to pay its agreed share for the maintenance
of the multiple-county health department. The treasurer of the board of
health of the multiple-county health department shall request by
voucher, quarterly or more often such sums of money from the county
treasurers of the respective member counties, and shall support such
requests with estimates of anticipated receipts and expenditures for the
period for which sums of money are requested and with statements of
receipts and expenditures for the preceding period. In addition, that
treasurer shall support the requests to the annual budget submitted by
the multiple-county public health board and approved by the county board
of each of the participating counties. No payment may be made from a
County Health Fund except on the basis of a budget item in a budget
submitted by the appropriate public health board and approved by the
county board or boards concerned; however, amended or supplemental
budgets may be submitted and approved and thereby be the basis for such
a payment.
(Source: P.A. 102-587, eff. 1-1-22 .)
|
55 ILCS 5/5-25011
(55 ILCS 5/5-25011) (from Ch. 34, par. 5-25011)
Sec. 5-25011.
Disposition of taxes collected.
The entire amount collected from taxes
levied under this Division on property subject to the general
corporate tax of any city, village or incorporated town or combination
thereof or public health district which maintains its own local health
department as provided in this Division, less the amount allowed for
collecting the same, shall be paid over by the county treasurer to the
treasurer of the public health district, city, village or incorporated town
to be used for the maintenance of its local health department.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-25012
(55 ILCS 5/5-25012) (from Ch. 34, par. 5-25012)
Sec. 5-25012. Board of health. Except in those cases where a board of 10 or 12 members is provided for as
authorized in this Section, each county health department shall be managed
by a board of health consisting of
8 members appointed by the president or
chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees 2 shall serve for one
year, 2 for 2 years, 3 for 3 years and the term of the member appointed
from the county board, as provided in this Section, shall be one year and
shall continue until reappointment or until a
successor is appointed. Each board of health which has 8 members, may
have
one additional member appointed by the president or chairman of the county
board, with the approval of the county board. The additional member shall
first be appointed within 90 days after the effective date of this amendatory
Act for a term ending July 1, 2002.
The county health department in a county having a population of 200,000
or more may, if the county board, by resolution, so provides, be managed by
a board of health consisting of 12 members appointed by the president or
chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees 3 shall serve for one
year, 4 for 2 years, 4 for 3 years and the term of the member appointed
from the county board, as provided in this Section, shall be one year and
shall continue until reappointment or until a successor is appointed. In
counties with a population of 200,000 or more which have a board of health
of 8 members, the county board may, by resolution, increase the size of the
board of health to 12 members, in which case the 4 members added shall be
appointed, as of the next anniversary of the present appointments, 2 for
terms of 3 years, one for 2 years and one for one year.
The county board in counties with a population of more than 100,000
but less than 3,000,000 inhabitants and contiguous to any county with a
metropolitan area with more than 1,000,000 inhabitants, may establish
compensation for the board of health, as remuneration for their services as
members of the board of health. Monthly compensation shall not exceed
$200 except in the case of the president of the board of health whose
monthly compensation shall not exceed $400.
When a county board of health consisting of 8 members assumes the responsibilities of a municipal department of public health, and both the county board and the city council adopt resolutions or ordinances to that effect, the county board may, by resolution or ordinance, increase the membership of the county board of health to 10 members. The additional 2 members shall initially be appointed by the mayor of the municipality, with the approval of the city council, each such member to serve for a term of 2 years; thereafter the successors shall be appointed by the president or chairman of the county board, with the approval of the county board, for terms of 2 years.
Each multiple-county health department shall be managed by a board of
health consisting of 4 members appointed from each county by the president
or chairman of the county board with the approval of the county board for a
3 year term, except that of the first appointees from each county one shall
serve for one year, one for 2 years, one for 3 years and the term of the
member appointed from the county board of each member county, as
hereinafter provided, shall be one year and shall continue until
reappointment or until a successor is appointed.
The term of office of original appointees shall begin on July 1
following their appointment, and the term of all members shall continue
until their successors are appointed. All members shall serve without
compensation but may be reimbursed for actual necessary expenses incurred
in the performance of their duties. At least 2 members of each county board
of health shall be physicians licensed in Illinois to practice medicine in
all of its branches and at least one member shall be a dentist licensed in
Illinois. In counties with a population under 500,000, one member shall
be chosen from the county board or the board of county commissioners
as the case may be. In counties with a population over 500,000, two members
shall be chosen from the county board or the board of county commissioners
as the case may be. At least one member from each county on each
multiple-county board of health shall be a physician
licensed in Illinois to practice medicine in all of its branches, one
member from each county on each multiple-county board of health shall be
chosen from the county board or the board of county commissioners, as the case
may be, and at least one member of the board of health shall be a dentist
licensed in Illinois. Whenever possible, at least one member shall have
experience in the field of mental health. All members shall be chosen for
their special fitness for membership on the board.
Any member may be removed for misconduct or neglect of duty by the
chairman or president of the county board, with the approval of the county
board, of the county which appointed him.
Vacancies shall be filled as in the case of appointment for a full term.
Notwithstanding any other provision of this Act to the contrary, a county
with a population of 240,000 or more inhabitants that does not currently have a
county health department may, by
resolution of the county board, establish a board of health consisting of the
members of such board. Such board of health shall be advised by a committee
which shall consist of at least 5 members appointed by the president or
chairman of the county board with the approval of the county board for terms of
3 years; except that of the first appointees at least 2 shall serve for 3
years, at least 2 shall serve for 2 years and at least one shall serve for one
year. At least one member of the advisory committee shall be a physician
licensed in Illinois to practice medicine in all its branches, at least one
shall be a dentist licensed in Illinois, and one shall be a nurse licensed in
Illinois. All members shall be chosen for their special fitness for membership
on the advisory committee.
All members of a board established under this Section must be residents of the county, except that a member who is required to be a physician, dentist, or nurse may reside outside the county if no physician, dentist, or nurse, as applicable, who resides in the county is willing and able to serve.
(Source: P.A. 94-457, eff. 1-1-06; 94-791, eff. 1-1-07.)
|
55 ILCS 5/5-25013
(55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
Sec. 5-25013. Organization of board; powers and duties.
(A) The board of health of each county or multiple-county health department
shall, immediately after appointment, meet and organize, by the election
of one of its number as president and one as secretary, and either from
its number or otherwise, a treasurer and such other officers as it may deem
necessary. A board of health may make and adopt such rules for its own guidance
and for the government of the health department as may be deemed necessary
to protect and improve public health not inconsistent with this
Division. It shall:
1. Hold a meeting prior to the end of each operating | | fiscal year, at which meeting officers shall be elected for the ensuing operating fiscal year.
|
|
2. Hold meetings at least quarterly.
3. Hold special meetings upon a written request
| | signed by two members and filed with the Secretary or on request of the medical health officer or public health administrator.
|
|
4. Provide, equip and maintain suitable offices,
| | facilities and appliances for the health department.
|
|
5. Publish annually, within 90 days after the end of
| | the county's operating fiscal year, in pamphlet form, for free distribution, an annual report showing the condition of its trust on the last day of the most recently completed operating fiscal year, the sums of money received from all sources, giving the name of any donor, how all moneys have been expended and for what purpose, and such other statistics and information in regard to the work of the health department as it may deem of general interest.
|
|
6. Within its jurisdiction, and professional and
| | technical competence, enforce and observe all State laws pertaining to the preservation of health, and all county and municipal ordinances except as otherwise provided in this Division.
|
|
7. Within its jurisdiction, and professional and
| | technical competence, investigate the existence of any contagious or infectious disease and adopt measures, not inconsistent with the regulations of the State Department of Public Health, to arrest the progress of the same.
|
|
8. Within its jurisdiction, and professional and
| | technical competence, make all necessary sanitary and health investigations and inspections.
|
|
9. Upon request, give professional advice and
| | information to all city, village, incorporated town and school authorities, within its jurisdiction, in all matters pertaining to sanitation and public health.
|
|
10. Appoint a medical health officer as the executive
| | officer for the department, who shall be a citizen of the United States and shall possess such qualifications as may be prescribed by the State Department of Public Health; or appoint a public health administrator who shall possess such qualifications as may be prescribed by the State Department of Public Health as the executive officer for the department, provided that the board of health shall make available medical supervision which is considered adequate by the Director of Public Health.
|
|
10.5. Appoint such professional employees as may be
| | approved by the executive officer who meet the qualification requirements of the State Department of Public Health for their respective positions provided, that in those health departments temporarily without a medical health officer or public health administrator approval by the State Department of Public Health shall suffice.
|
|
11. Appoint such other officers and employees as may
| |
12. Prescribe the powers and duties of all officers
| | and employees, fix their compensation, and authorize payment of the same and all other department expenses from the County Health Fund of the county or counties concerned.
|
|
13. Submit an annual budget to the county board or
| |
14. Submit an annual report to the county board or
| | boards, explaining all of its activities and expenditures.
|
|
15. Establish and carry out programs and services in
| | mental health, including intellectual disabilities and alcoholism and substance abuse, not inconsistent with the regulations of the Department of Human Services.
|
|
16. Consult with all other private and public health
| | agencies in the county in the development of local plans for the most efficient delivery of health services.
|
|
(B) The board of health of each county or multiple-county health department
may:
1. Initiate and carry out programs and activities of
| | all kinds, not inconsistent with law, that may be deemed necessary or desirable in the promotion and protection of health and in the control of disease including tuberculosis.
|
|
2. Receive contributions of real and personal
| |
3. Recommend to the county board or boards the
| | adoption of such ordinances and of such rules and regulations as may be deemed necessary or desirable for the promotion and protection of health and control of disease.
|
|
4. Appoint a medical and dental advisory committee
| | and a non-medical advisory committee to the health department.
|
|
5. Enter into contracts with the State,
| | municipalities, other political subdivisions and non-official agencies for the purchase, sale or exchange of health services.
|
|
6. Set fees it deems reasonable and necessary (i) to
| | provide services or perform regulatory activities, (ii) when required by State or federal grant award conditions, (iii) to support activities delegated to the board of health by the Illinois Department of Public Health, or (iv) when required by an agreement between the board of health and other private or governmental organizations, unless the fee has been established as a part of a regulatory ordinance adopted by the county board, in which case the board of health shall make recommendations to the county board concerning those fees. Revenue generated under this Section shall be deposited into the County Health Fund or to the account of the multiple-county health department.
|
|
7. Enter into multiple year employment contracts with
| | the medical health officer or public health administrator as may be necessary for the recruitment and retention of personnel and the proper functioning of the health department.
|
|
8. Enter into contracts with municipal health
| | departments, county health departments, other boards of health, private or public hospitals, and not for profit entities to provide public health services outside of a board of health's own jurisdiction in order to protect the public health in an effective manner.
|
| (C) The board of health of a multiple-county health department may hire
attorneys to represent and advise the department concerning matters that are
not within the exclusive jurisdiction of the State's Attorney of one of the
counties that created the department.
(Source: P.A. 99-730, eff. 8-5-16; 100-201, eff. 8-18-17.)
|
55 ILCS 5/5-25014
(55 ILCS 5/5-25014) (from Ch. 34, par. 5-25014)
Sec. 5-25014.
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.)
|
55 ILCS 5/5-25015
(55 ILCS 5/5-25015) (from Ch. 34, par. 5-25015)
Sec. 5-25015.
Officers and employees.
Each county or multiple-county
health department shall have the exclusive right to employ and discharge
its officers and employees, except as otherwise provided in Section
5-25013; provided that in counties having a civil service system, the
employees of the health department shall be subject to the rules and
regulations of such system.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-25016
(55 ILCS 5/5-25016) (from Ch. 34, par. 5-25016)
Sec. 5-25016.
Lease or acquisition of property for department.
The board of health of each county or multiple-county health department is
authorized to lease or to acquire by purchase, construction, lease-purchase
agreement or otherwise and take title in its name and to borrow money,
issue debt instruments, mortgages, purchase money mortgages and other
security instruments, maintain, repair, remodel or improve such real estate
as may be reasonably necessary for the housing and proper functioning of
such health department. Money in the County Health Fund may be used for
such purposes.
Upon the discontinuance of a single county health department any such
real estate shall become the property of and title shall be transferred to
the county.
Upon the discontinuance of a multiple-county health department any such
real estate shall be sold and the proceeds distributed pro-rata to the
several counties as their agreed share of the maintenance of such
department may indicate.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-25017
(55 ILCS 5/5-25017) (from Ch. 34, par. 5-25017)
Sec. 5-25017.
Discontinuance of department.
Any
health department may be discontinued; 1 - by resolution of the
county board or county boards, if established in such manner; or, 2 - if
established by referendum, then by a referendum initiated by petition and
submitted to vote in the same manner as for adoption. The proposition shall
be stated "For the discontinuance of the county (or multiple-county) health
department" and "Against the discontinuance of the county (or
multiple-county) health department." If a majority of the votes cast upon
the proposition in any county is for discontinuance, the board of health
shall proceed at once to close up the affairs of the department. After the
payment of all obligations, the money in the "County Health Fund" shall
become a part of the general funds in the county treasury. All other
property shall be devoted to such county purpose as the county board or
boards determine.
(Source: P.A. 86-962.)
|
|
|
|