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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 5/5-25019
(55 ILCS 5/5-25019) (from Ch. 34, par. 5-25019)
Sec. 5-25019.
Formation of consolidated health department.
Any county which has established a county health department or any
counties which have established a multiple-county health department may
unite with one or more adjacent counties which have established county or
multiple-county health departments, for the purpose of maintaining and
operating a consolidated health department subject to the approval of the
county boards involved and the Director of the Illinois Department of
Public Health. In the event of approval by the county boards involved and
the Director of Public Health, the chairman or president of each county
board and of each board of health shall meet and immediately proceed to
organize the consolidated health department. At such time as they shall
agree concerning the conditions governing organization and operation, and
the apportionment of the costs thereof, they shall select a date within
60 days on which the consolidated health department
shall be established, and its operation and maintenance shall be in
accordance with all provisions of this Division relating to
county health departments except where otherwise prescribed for
multiple-county health departments. The county or multiple-county health
departments in counties joining together to operate and maintain a
consolidated health department shall cease to function as independent
health departments so long as the consolidation shall exist; shall transfer
all records to the consolidated health department; and shall not withdraw
from this union except in accordance with the provisions of Section 5-25020.
The board of health of each consolidated health department shall consist
of the members of the boards of health of the county and multiple-county
health departments involved except that members from counties which have
previously established single county health departments shall be reduced to
four, including at least one physician and one member of the county board.
New appointments and reappointments shall be made in accordance with the
provisions of Section 5-25012 relating to boards of
health of multiple-county health departments. The consolidated board of
health shall hold its first meeting no later than seven days after the date
of establishment, for the purpose of organizing, electing officers, and
carrying out its responsibilities in connection with the consolidated
health department. Its subsequent meetings shall be held as prescribed in
this Division for multiple-county health departments. Membership and
actions of the consolidated board of health shall become official at its
first meeting or on the date of establishment of the consolidated health
department, whichever occurs at the earlier date. After a consolidated
health department has begun operation, addition of other health departments
to the consolidation may be accomplished with consent of all county boards
of supervisors or commissioners concerned and the Director of Public
Health; participation by such additional counties will be under the
conditions selected in the original consolidation agreement, and date of
entry into the consolidation and other relevant details will be arranged
between the board of health of the consolidated health department, and the
president of the county board and the chairman or president of the board of
health of each county requesting admission to the consolidated health
department.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25020
(55 ILCS 5/5-25020) (from Ch. 34, par. 5-25020)
Sec. 5-25020.
Withdrawal from consolidated health department.
Any
county which has established a county health department
or counties which have established a multiple-county health department
may withdraw from a consolidated health department for the purpose of
maintaining and operating an independent county or multiple-county
health department, as the case may be, or for the purpose of joining
with another adjacent county or other adjacent counties in maintaining
and operating a consolidated health department. Withdrawal for such
purposes may be effected by majority vote of the county board of the
withdrawing county which had established a county health department, or
by a majority vote of each county board of the withdrawing counties
which had established a multiple-county health department, before
joining the consolidated health department. In all withdrawals from
consolidated health departments, the county board of each county
proposing withdrawal shall seek the advice and concurrence of the
Director of the Illinois Department of Public Health before taking
action effecting withdrawal. The effective date of withdrawal shall be
June 30 following completion of the withdrawal agreements. The board of
health of the consolidated health department shall meet and the members
of the withdrawing and the remaining counties shall agree upon removal
of records, supplies, equipment and personnel by the withdrawing county
or counties. Withdrawal of any county or counties from the consolidated
health department does not alter the consolidation if the county or
multiple-county health departments remaining party to the union are two
or more. Discontinuance of any county or multiple-county health
department effected under the provisions of Section 5-25017 constitutes
withdrawal from a consolidated health department.
Any county which is a member county of a consolidated health
department may also withdraw from the consolidated health department
upon approval by referendum, the proposition for which shall be placed
on the ballot at any general election by the county clerk on receipt of
a petition signed by not less than 10 per cent of the registered voters
of the county. The proposition shall be certified to the proper election
officials, who shall submit the proposition to the voters at an election
in accordance with the general election law.
The proposition shall read substantially as follows:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall .... county withdraw the county YES health department from the ............ - - - - - - - - - - - - - - - - - -
consolidated health department? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of voters favor withdrawal the county shall arrange its
withdrawal effective June 30 following the referendum and shall settle
its affairs in the consolidated health department and resume operation
in the manner hereinbefore prescribed in this section.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-25021
(55 ILCS 5/5-25021) (from Ch. 34, par. 5-25021)
Sec. 5-25021.
Bonds for permanent improvements; referendum.
Whenever the county board determines that it is necessary to issue
bonds to enable it to provide buildings for or to make permanent
improvements in the community health facilities, the county board shall
so instruct the county clerk. Thereupon, such clerk shall certify such
determination to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25022
(55 ILCS 5/5-25022) (from Ch. 34, par. 5-25022)
Sec. 5-25022.
Form of proposition.
The proposition pursuant to
Section 5-25021 shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall.... county issue bonds to the amount of.... dollars for the YES purpose of enabling the county to.... (purpose to be stated, which shall be - - - - - - - - - - - - - - - - - - - - -
either to provide buildings for or to make permanent improvements in the NO community health facilities)? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In case a majority of the votes cast upon the propositions shall be
in favor of the issuance of such bonds, the county board shall issue the
bonds not exceeding the amount authorized at the referendum. Such bonds
shall become due not more than 20 years after their date, shall be in
denominations of $100 or any multiple thereof, and shall bear interest,
evidenced by coupons, at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable semi-annually, as shall be determined by the county board.
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 the establishment and maintenance of county and
multiple-county public health departments", approved July 9, 1943, 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 the
establishment and maintenance of county and multiple-county public health
departments", approved July 9, 1943, 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 5/5-25023
(55 ILCS 5/5-25023) (from Ch. 34, par. 5-25023)
Sec. 5-25023.
Sale of bonds.
The bonds authorized by this
Division shall be sold and the proceeds thereof
used solely for the specified purpose. At or before the time of delivery of
any bond, the county board shall file with the county its certificates,
stating the amount of bonds to be issued, or denominations, rate of
interest, where payable, and shall include a form of bond to be issued. The
county board shall levy a direct tax upon all of the taxable property
within the county sufficient to pay the principal and interest on the bonds
as and when the same respectively mature. Such tax shall be in addition to
all other taxes and shall not be within any rate limitation otherwise
prescribed by law.
The proceeds received from the sale of the bonds shall be placed in a
special fund in the county treasury to be designated as the "Bond Community
Health Fund" and thereafter the county shall appropriate from such funds
such sum or sums as may be necessary to carry out the provisions of this
Section.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25024
(55 ILCS 5/5-25024) (from Ch. 34, par. 5-25024)
Sec. 5-25024.
Submission at same election.
Both the proposition for
the levy of an annual tax pursuant to Sections 5-25003 or 5-25004 and the
proposition for issuance of bonds pursuant to Section 5-25021 may be
submitted to the electors at the same election.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25025 (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) Sec. 5-25025. Mental health program. If the county board of any county having a population of less than 1,000,000 inhabitants and maintaining a county health department under this Division desires the inclusion of a mental health program in that county health department and the authority to levy the tax provided for in subsection (c) of this Section, the county board shall certify that question 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 include a mental health program in the YES county health department, and levy an annual tax of not to exceed - - - - - - - - - - - - - - - - - - - - -
.05% of the value of all taxable property for use for mental health purposes by the county health NO department? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors voting at that election vote in favor of the proposition, the county board may include the mental health program in the county health department and may, annually, levy the additional tax for mental health purposes. All mental health facilities provided shall be available to all citizens of the county, but the county health board may vary any charges for services according to ability to pay. If the county is also subject to the Property Tax Extension Limitation Law, then the proposition shall also comply with the Property Tax Extension Limitation Law. Notwithstanding any provision of this Section, any referendum imposing an annual tax on or after January 1, 1994 and prior to the effective date of this amendatory Act of the 103rd General Assembly that complies with this Section is hereby validated. When the inclusion of a mental health program has been approved: (a) To the extent practicable, at least one member of the County Board of Health, under Section 5-25012, shall be a person certified by The American Board of Psychiatry and Neurology professionally engaged in the field of mental health and licensed to practice medicine in the State, unless there is no such qualified person in the county. (b) The president or chairman of the county board of health shall appoint a mental health advisory board composed of not less than 9 nor more than 15 members who have special knowledge and interest in the field of mental health. Initially, 1/3 of the board members shall be appointed for terms of one year, 1/3 for 2 years and 1/3 for 3 years. Thereafter, all terms shall be for 3 years. This advisory board shall meet at least twice each year and provide counsel, direction and advice to the county board of health in the field of mental health. (c) The county board may levy, in excess of the statutory limit and in addition to the taxes permitted under Sections 5-25003, 5-25004 and 5-25010, an additional annual tax of not more than .05% of the value, as equalized or assessed by the Department of Revenue, of all taxable property within the county which tax shall be levied and collected as provided in Section 5-25010 but held in the County Health Fund of the county treasury for use for mental health purposes. These funds may be used to provide care and treatment in public and private mental health facilities. (d) When a mental health program has been included in a county health department pursuant to this Section, the county board may obtain the authority to levy a tax for mental health purposes in addition to the tax authorized by the preceding paragraphs of this Section but not in excess of an additional .05% of the value, as equalized or assessed by the Department of Revenue, of all taxable property in the county by following the procedure set out in Section 5-25003 except that the proposition shall be in substantially the following form: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall.... county levy, in excess of the statutory limit, an additional YES annual tax of not to exceed .05% for - - - - - - - - - - - - - - - - - - - -
use for mental health purposes by the NO county health department? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If the majority of all the votes cast on the proposition in the county is in favor thereof, the county board shall levy such tax annually. The levy and collection of this tax shall be as provided in Section 5-25010 but the tax shall be held in the County Health Fund of the county treasury for use, with that levied pursuant to paragraph (c), for mental health purposes. (Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.) |
55 ILCS 5/5-25026 (55 ILCS 5/5-25026)
Sec. 5-25026. Locally grown foods. Except in emergency situations, including but not limited to a food-borne disease outbreak, the board of health of a county or multi-county health department may not discourage the purchase or consumption of locally grown foods in relation to foods that are not locally grown.
(Source: P.A. 96-620, eff. 8-24-09.) |
55 ILCS 5/5-25027 (55 ILCS 5/5-25027) Sec. 5-25027. (Repealed).
(Source: P.A. 97-439, eff. 8-18-11. Repealed internally, eff. 12-31-18.) |
55 ILCS 5/Div. 5-26
(55 ILCS 5/Div. 5-26 heading)
Division 5-26.
Monuments in
Honor of Soldiers and Sailors
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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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