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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 5/5-26001
(55 ILCS 5/5-26001) (from Ch. 34, par. 5-26001)
Sec. 5-26001.
Submission of question of erecting memorial.
Upon the petition of two hundred, or more, legal voters of a
county being filed with the county clerk, praying that the proposition
of erecting or completing a monument or memorial building in honor of
its soldiers and sailors at the county seat be submitted to a vote of
the people of such county, such proposition shall be submitted to a vote
of the people at any regular election. The 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.
Such proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Proposition for the erection of a monument or YES memorial building in honor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
of the soldiers and sailors NO of the county. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all the votes cast on such proposition is in favor
thereof, the county board of such county, within one year after such
election, shall appropriate sufficient funds to erect a suitable
monument or a suitable memorial building, and purchase a site therefor,
if necessary, at the county seat, in honor of its soldiers and sailors.
If the revenues of the county under the general tax levy are
insufficient to provide for the erection of such building and the
purchase of a site therefor, if necessary, the county board may also at
the same election cause submission to the voters the proposition
of levying an additional tax and issuing bonds therefor in the manner
provided by Sections 5-2001 and 5-2005, as amended.
If a memorial building is erected it shall be under the supervision
and control of the county board, and the county board may permit such
use of the building as it deems advisable.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-26002
(55 ILCS 5/5-26002) (from Ch. 34, par. 5-26002)
Sec. 5-26002.
Subscriptions.
Whenever the people of any county shall
desire to erect, or contribute to the erection of a memorial building in
honor of their soldiers and sailors and shall procure bona fide
subscription to the extent of two-thirds of the estimated cost thereof, it
shall be lawful for any county by a two-thirds vote of the county board or
board of county commissioners, as the case may be, to contribute such sum
or sums of money toward the cost of erecting such a memorial building not
exceeding one-third of the cost thereof, as shall be deemed discreet and
proper: Provided, that such contribution shall be made subject to the
following conditions: (1) said building shall be constructed in accordance
with plans, approved by such county board; (2) when erected, shall be
forever used exclusively for public or civic purposes; and (3) if, at any
time after the construction thereof, it shall cease to be used for such
purposes, it and the property upon which it is situate, shall revert to and
become the property of said county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-26003
(55 ILCS 5/5-26003) (from Ch. 34, par. 5-26003)
Sec. 5-26003.
Lease of county building as memorial.
If any
county shall own and possess any real estate suitable for a
site for a memorial building, it shall be lawful for the county board
or board of county commissioners, as the case may be, by
two-thirds vote, to enter into a lease for a period not exceeding
ninety-nine years, by which said real estate may be leased to the
organization or individuals contemplating the erection of a memorial
building through private donations or contributions: Provided, the amount
contributed or donated by public subscriptions for such purpose shall be
equal to at least double the value of such real estate: Provided, further,
that said lease shall provide that said building shall, when erected, be
used exclusively for public or civic purposes, and that upon the expiration
of said lease, or the violation of any of its terms or conditions, the
improvements thereon shall revert to and become the property of said
county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-26004
(55 ILCS 5/5-26004) (from Ch. 34, par. 5-26004)
Sec. 5-26004.
Use.
Available space in memorial buildings
constructed under the provisions of this Division, may be set aside for the
use of organizations of honorably discharged soldiers and sailors of the
United States without charge.
Boys' clubs, associations of commerce, civic improvement and health
bodies, farm bureaus and other similar non-partisan and non-sectarian
organizations, not organized for profit, shall be deemed within the meaning
of the words "public or civic purposes," and available space in such
memorial buildings may be rented or leased at a reasonable rental to any
such organization.
In the discretion of the county board, the memorial building may be
constructed so as to be suitable for use as a county orphans' home, or a
county hospital, and may be used for either purpose.
(Source: P.A. 86-962.)
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55 ILCS 5/5-26005
(55 ILCS 5/5-26005) (from Ch. 34, par. 5-26005)
Sec. 5-26005. Maintenance. Whenever any memorial building is
erected through private subscriptions, as herein provided, or any veterans' memorial is erected, it shall be
lawful for the county board or board of county commissioners, as the case
may be, to appropriate such sums of money from year to year as it may deem
reasonable and proper to cover any deficiency in the cost of the maintenance
thereof.
(Source: P.A. 98-312, eff. 8-12-13.)
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55 ILCS 5/5-26006
(55 ILCS 5/5-26006) (from Ch. 34, par. 5-26006)
Sec. 5-26006.
Exempt from taxation.
Memorial
buildings erected in accordance
with the provisions of this Division shall be deemed county
property and shall be exempt from taxation.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-27
(55 ILCS 5/Div. 5-27 heading)
Division 5-27.
Burial of Indigent
Veterans and their Families
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55 ILCS 5/5-27001
(55 ILCS 5/5-27001) (from Ch. 34, par. 5-27001)
Sec. 5-27001. Appointment of person to have charge of interment. Each county board shall designate some suitable person or persons
to serve without compensation, who shall cause to be properly interred the
body of any honorably discharged veteran who served in the army or navy
of the United States during the Civil War, Spanish-American War, Philippine
Insurrection, Boxer Uprising in China, or with the armed forces of the United
States in World War I, World War II, during the national emergency between
June 25, 1950 and January 31, 1955, during the Viet Nam Conflict between
January 1, 1961 and May 7, 1975, or with the armed forces of the United States in any congressionally sanctioned war or conflict after the Viet Nam Conflict, or their mothers, fathers, husbands, wives,
widows, widowers or minor children, who may hereafter die in such county,
without having sufficient means to defray the funeral expenses. This
Division shall not apply to such mothers, fathers, husbands, wives, widows
or widowers, if they were recipients of public assistance at the time of death.
(Source: P.A. 96-98, eff. 1-1-10.)
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55 ILCS 5/5-27002
(55 ILCS 5/5-27002) (from Ch. 34, par. 5-27002)
Sec. 5-27002. Fees. The expense of such burial shall not
exceed the sum of $900; such
burial shall not be made in any cemetery or burial ground used exclusively
for the burial of the pauper dead, or in that portion of any burial ground
so used. In case relatives of the deceased, who are unable to bear the
expenses of burial, desire to conduct the funeral, they may be allowed to
do so, and the expense thereof shall be paid as hereinafter provided.
(Source: P.A. 96-98, eff. 1-1-10.)
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55 ILCS 5/5-27003
(55 ILCS 5/5-27003) (from Ch. 34, par. 5-27003)
Sec. 5-27003.
Expenses paid by county.
The
expenses of such burial and headstone shall be paid by the
county in which such veteran or his or her mother, father, husband, wife,
widow, widower or minor children resided at the time of such death; and
the county board in such counties under township organization, or
county commissioners in such counties not under township organization, is
authorized and directed to audit the account, and pay the said expenses
in a similar manner as other accounts against such county are audited and
paid: Provided, that nothing in this Division contained shall apply to the
burial of veterans who are residents of the Veterans' Home at the time of
their death.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-28
(55 ILCS 5/Div. 5-28 heading)
Division 5-28.
Soldiers' and Sailors' Burial Fund
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55 ILCS 5/5-28001
(55 ILCS 5/5-28001) (from Ch. 34, par. 5-28001)
Sec. 5-28001.
County may procure burial grounds.
The county board of each county has power to purchase suitable sites for
burial grounds for deceased personnel of the Armed Services of the
United States who died in service and for honorably discharged veterans
who served in the armed forces of the United States during the Civil
War, Spanish-American War, Philippine Insurrection, Boxer Uprising in
China, World War I, World War II, during the national emergency between
June 25, 1950 and January 31, 1955, or any time during the Viet Nam
Conflict between January 1, 1961 and May 7, 1975, and their mothers,
fathers, wives, husbands, widowers or widows, who may die without having
sufficient means to purchase a grave and defray funeral expenses; to
establish and maintain suitable headquarters, cemetery buildings, and
other auxiliary institutions connected with such burial grounds; and to
pay the funeral and burial expenses of such persons and to provide
suitable headstones for their graves.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28002
(55 ILCS 5/5-28002) (from Ch. 34, par. 5-28002)
Sec. 5-28002.
Petition; tax levy.
When one
hundred legal voters of any county shall present a
petition to the county board of such county, asking that an annual tax
may be levied for the establishment and maintenance of a Soldiers' and
Sailors' Burial Fund in such county, such county board shall certify the
proposition to the proper election officials who shall submit the proposition
at the next regular election in such county, in accordance
with the general election law. The proposition shall be in substantially
the following form: "For the levy of a tax for a Soldiers' and Sailors'
Burial Fund," or "Against the levy of a tax for a Soldiers' and Sailors'
Burial Fund". If a majority of all the votes cast upon the proposition
shall be for the levy of a tax for a soldiers' and sailors' burial fund the
county board of such county shall thereafter annually levy a tax of not to
exceed one mill on the dollar ($1.00), which tax shall be collected in like
manner as other general taxes in such county and shall be paid into the
"soldiers' and sailors' burial fund," and thereafter the county board of
such county shall annually appropriate from such fund such sums of money
as may be deemed necessary to pay the expenses which will be accrued in
carrying out the provisions and purposes of this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28003
(55 ILCS 5/5-28003) (from Ch. 34, par. 5-28003)
Sec. 5-28003.
Directors.
When in any county such proposition for
the levy of a tax for a county Soldiers' and Sailors' Burial Fund has been
adopted, the chairman of the county board of such county shall, with the
approval of the county board, proceed to appoint a board of three
directors, all of whom shall be chosen with reference to their special
fitness for such office, to have charge of the undertakings and activities
contemplated by this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28004
(55 ILCS 5/5-28004) (from Ch. 34, par. 5-28004)
Sec. 5-28004.
Terms of office.
One of the
directors shall hold office for one year, another for
two years, and another for three years, from the first day of July
following their appointment, but each until his successor is appointed and
at their first regular meeting they shall cast for the respective terms.
Annually thereafter the presiding officer of the county board, with the
advice and consent of the county board, shall, before the first day of July
of each year appoint, as before, one director, who shall hold office for
three years and until his successor is appointed. The presiding officer of
the county board, by and with the consent of the county board may, remove
any director for misconduct or neglect of duty.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28005
(55 ILCS 5/5-28005) (from Ch. 34, par. 5-28005)
Sec. 5-28005.
Vacancies; compensation.
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. No director shall receive compensation as such, or be
interested, either directly, or indirectly, in the purchase or sale of any
property or supplies to be used in carrying out the purpose of this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28006
(55 ILCS 5/5-28006) (from Ch. 34, par. 5-28006)
Sec. 5-28006.
Powers and duties.
The directors shall, immediately
after appointment, meet and organize, by the election of one of their
number as president and one as secretary. They shall make and adopt such
by-laws, rules and regulations for their own guidance and for the
government of the soldiers' and sailors' burial grounds of the county and
auxiliary institutions and activities connected therewith, as may be
expedient and not inconsistent with this Division. They shall have the
exclusive control of the expenditure of all moneys appropriated from the
Soldiers' and Sailors' Burial Fund, and of the laying out of sites for
burial purposes, the construction of any cemetery buildings, or other
necessary auxiliary institutions and of the activities in connection
therewith, and of the supervision, care, and custody of the grounds and
buildings. The board of directors shall have the power to
purchase or lease ground within the limit of the county, and to occupy,
lease or erect appropriate cemetery buildings or other buildings, by and
with the approval of the county board. No cemetery site shall be purchased
or leased, however, until detailed plans therefor have been submitted to
the county board and have been approved by them. The board of directors
shall have the power to appoint suitable superintendents, care-takers and
all necessary assistants, and to fix their compensation, and shall also
have the power to remove such appointees.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28007
(55 ILCS 5/5-28007) (from Ch. 34, par. 5-28007)
Sec. 5-28007.
Donations; annual report.
The board
of directors, in the name of the county, may receive from
any person any contribution or donation of money or property and shall pay
over to the treasurer of such county for the Soldiers' and Sailors' Burial
Fund all moneys thus received, within one month after they are received and
shall take the receipt of the county treasurer therefor; and shall also, at
each regular meeting of the county board report to the county board the
names of all persons from whom any such contributions or donations have
been received, since the date of the last report, and the amount and nature
of the property so received from each, and the date when the same was
received. The board of directors shall make on or before the second Monday
in June of each year, an annual report to the county board, stating the
condition of the Soldiers' and Sailors' Burial Fund on the first day of
June of that year, the number of burials, and such other statistics,
information and suggestions as they may deem of general interest.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28008
(55 ILCS 5/5-28008) (from Ch. 34, par. 5-28008)
Sec. 5-28008.
Payment of burial expenses.
The board of directors are
authorized to pay, out of the money which is appropriated to them from the
county Soldiers' and Sailors' Burial Fund, the funeral and burial expenses
of persons who come within the description in Section 5-28001, but in no
one case shall they pay for such purpose more than $75; and they are
authorized to buy and erect suitable headstones on the graves of such
persons. But no money shall be expended to pay the funeral and burial
expenses of any soldier or sailor who was an inmate of any soldiers' and
sailors' home at the time of his death.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-29
(55 ILCS 5/Div. 5-29 heading)
Division 5-29.
Code of Ordinances and Regulations
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55 ILCS 5/5-29001
(55 ILCS 5/5-29001) (from Ch. 34, par. 5-29001)
Sec. 5-29001. Authorization. A county board may, by resolution,
authorize the compilation, publication and maintenance of a county code
consisting of ordinances and regulations duly adopted by the county board.
(Source: P.A. 96-328, eff. 8-11-09.)
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55 ILCS 5/5-29002
(55 ILCS 5/5-29002) (from Ch. 34, par. 5-29002)
Sec. 5-29002.
Compilation of ordinances and regulations;
index. A county board adopting this Division shall authorize the State's
attorney, or any person or persons deemed by the county board to be qualified
to compile existing ordinances and regulations and to organize and index
said ordinances and regulations.
(Source: P.A. 86-962.)
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