| |
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 5/5-2004
(55 ILCS 5/5-2004) (from Ch. 34, par. 5-2004)
Sec. 5-2004.
Revocation of authority to levy excess tax;
submission to vote. In the event an excess tax has been voted
as provided by Section 5-2002 and the order of
the county board shall not have limited
the time such excess will be required to be levied, the county board may
thereafter levy such excess tax until such authority is revoked in manner
hereinafter provided. However, no tax so voted for the payment of interest
or principal or both of any bonds shall be discontinued by virtue of any
of the provisions of this Division. The authority to levy such
excess tax (except taxes to pay bonds) may be discontinued in the following
manner: The county board may, by an order entered of record, and shall, by
an order entered of record whenever 500 legal voters of the County
present a petition to it asking that said excess tax be discontinued,
provide for the submission of the question of discontinuing the additional
tax at any regular election held in such county, after the adoption of the
resolution. The board shall certify the resolution and the question to the
proper election officials, who shall submit the question at a referendum in
accordance with the general election law. The question shall be in
substantially the following form: "For discontinuing additional tax in
excess of constitutional limit of 75¢ per $100 valuation" and
"Against discontinuing additional tax in excess of constitutional limit
of 75¢ per $100 valuation." If the vote on the proposition receives a
majority of all voters voting on the referendum such additional tax shall
not be levied thereafter.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-2005
(55 ILCS 5/5-2005) (from Ch. 34, par. 5-2005)
Sec. 5-2005.
Inclusion of question of issuing bonds and raising
tax. If it shall be deemed necessary to submit to a vote of the people at
the same election, the question of issuing bonds and the raising of such
additional tax, either in excess of the statutory or constitutional limit,
the same may be included in one referendum, and in that case the question
shall be in substantially the following form: "For bonds and additional tax
in excess of statutory limit" or "For bonds and additional tax in excess of
constitutional limit of 75¢ per $100 valuation," and "Against bonds and
additional tax in excess of statutory limit" or "Against bonds and
additional tax in excess of constitutional limit of 75¢ per $100 valuation."
(Source: P.A. 86-962.)
|
55 ILCS 5/5-2006
(55 ILCS 5/5-2006) (from Ch. 34, par. 5-2006)
Sec. 5-2006. Tax for Veterans Assistance Commission. The county
board of each county having a population of less than 3 million in which
there is a Veterans Assistance Commission as provided in Section 9 of the
Military Veterans Assistance Act may levy a tax of not to exceed .03% of
the assessed value annually on all taxable property of the county, for the
purpose of providing assistance to military veterans and their families
pursuant to such Act. Whenever not less than 10% of the electors of the
county petition the county board to levy the tax at not to exceed .04% of
the assessed value, the county board shall certify the proposition to the
proper election officials who shall submit the proposition at the next
general election in accordance with the general election law. If a majority
of the electors vote in favor of the proposition, the county board may,
annually, levy the tax as authorized. The proceeds of any tax so levied
shall be used exclusively for the assistance purposes authorized
thereunder, and a portion thereof may be expended for the salaries of any officers or employees of the Veterans Assistance Commission, for the authorized reimbursement of any officer or employee of the Veterans Assistance Commission, as provided in Section 10 of the Military Veterans Assistance Act, or for any other expenses incident to the administration of such assistance.
The tax shall be separate from all other taxes which the
county is authorized to levy on the aggregate valuation of the property within the
county and shall not be included in any tax limitation of the rate upon
which taxes are required to be extended, but shall be excluded therefrom
and in addition thereto. The tax shall be levied and collected in like
manner as the general taxes of the county, and, when collected, shall be
paid into a special fund in the county treasury and used only as herein
authorized, or disbursed from the county treasury of a county in which a properly organized Veterans Assistance Commission is authorized under Section 3-11008 of this Code.
The limitations on tax rates herein provided may be increased or decreased
under the referendum provisions of the General Revenue Law of Illinois.
If a county has levied the tax herein authorized or otherwise meets the
conditions set out in Section 12-21.13 of the Illinois Public Aid Code,
to qualify for State funds to supplement local funds for public purposes
under Articles III, IV, V, VI, and IX of that Code and otherwise meets the conditions
set out in Article XII of that Code for receipt of State aid, the Illinois
Department of Human Services shall allocate and pay to the
county such
additional sums as it determines to be necessary to meet the needs of
assistance to military veterans and their families in the county and
expenses incident to the administration of such assistance. In counties where a Veterans Assistance Commission has been properly
created, those County Veterans Assistance Commissions shall be in charge of the administration of such assistance provided under the Illinois Public Aid Code for military veterans and their families.
(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
|
55 ILCS 5/5-2007
(55 ILCS 5/5-2007) (from Ch. 34, par. 5-2007)
Sec. 5-2007.
Election; form of proposition; validation.
Where,
in any county prior to March 13, 1961, a majority of the legal
voters voting on the proposition to issue county bonds and voting to levy
an additional annual tax for the payment thereof in excess of the statutory
limit of 12 1/2¢ per $100 valuation of taxable property and in excess of
all taxes levied by said county for general county purposes without a
referendum and in addition to and in excess of all other taxes authorized
or permitted to be levied by said county within the constitutional limit of
75¢ per $100 valuation of taxable property in said county, have voted for
bonds and additional tax in excess of statutory limit of 12 1/2¢ per $100
valuation at a referendum and held for such purpose, and notice of such
election contained a statement of the proposition to be voted upon, and the
proposition was substantially in the form as set out by statute, such
referendum is hereby validated in all respects, notwithstanding that the
proposition stated the statutory limit of 12 1/2¢ per $100 valuation
instead of such statutory limit as reduced by the applicable provisions of
the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
|
55 ILCS 5/Div. 5-3
(55 ILCS 5/Div. 5-3 heading)
Division 5-3.
Contracts in General
|
55 ILCS 5/5-3001
(55 ILCS 5/5-3001) (from Ch. 34, par. 5-3001)
Sec. 5-3001.
Deeds and conveyances; validation.
All deeds, grants and
conveyances heretofore made, and duly acknowledged and recorded as other
deeds, conveying any lands, tenements or hereditaments to any county or to
the inhabitants of any county, or to the county commissioners, county
board, or to the governor, or any other officer or person or persons, by
whatever form of conveyance, for the use and benefit of any county, shall
be good and valid, to all intents and purposes, to vest in such county, in
fee simple, or otherwise, all such right, title, interest an estate as the
grantor or grantors in any such deed or conveyance had, at the time of the
execution thereof, in the land conveyed and intended thereby to be conveyed.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-3002
(55 ILCS 5/5-3002) (from Ch. 34, par. 5-3002)
Sec. 5-3002.
Contractual rights of county; suits.
All notes,
bonds, bills, contracts, covenants, agreements or writings, made or to be
made, whereby any person is or shall be bound to the People of the State of
Illinois, or to any county or the inhabitants thereof, or to the county
commissioners, or the county board, or to the governor, or any other
officer or person, in whatever form, for the payment of money, or any debt
or duty, or the performance of any matter or thing to or for the use of any
county, shall be as valid and effectual, to all intents and purposes, to
vest in such county all the rights, interest and actions which would be
vested in any individual, if any such contract had been made directly to
him. Suits may be commenced, sued and prosecuted thereon in the name of the
county, as is provided herein, or in the name of the officer or person to
whom they are made, to the use of the county, as fully and effectually, to
all intents and purposes, as any person may or can upon like notes, bills,
bonds, contracts, agreements or writings made to him.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-3003 (55 ILCS 5/5-3003) Sec. 5-3003. Contracts for goods and services valued at more than $30,000. (a) As used in this Section, "familial relationship" means an individual's father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (b) A county may deny, suspend, or terminate the eligibility of a person, firm, corporation, association, agency, institution, or other legal entity to participate as a vendor of goods or services to the county if the vendor, for contracts greater than $30,000, fails to disclose to the county a familial relationship between a county elected official or county department director and any of the following individuals who have the authority to act on behalf of and with the power to bind the respective person, firm, corporation, association, agency, institution, or other legal entity: a corporate officer; a member of the corporate board of directors; a limited liability company manager; a member with management authority of a limited liability company; or a partner of a partnership. (c) If a person, firm, corporation, association, agency, institution, or other legal entity seeking to contract with the county has a familial relationship required to be disclosed under subsection (b), then the contract may be approved or renewed by roll call vote of the county board following a recitation of the name of the county official and the nature of the familial relationship being disclosed.
(Source: P.A. 101-544, eff. 8-23-19.) |
55 ILCS 5/Div. 5-4
(55 ILCS 5/Div. 5-4 heading)
Division 5-4.
Contracts for Heat and Electricity -
Counties over 500,000 Population
|
55 ILCS 5/5-4001
(55 ILCS 5/5-4001) (from Ch. 34, par. 5-4001)
Sec. 5-4001.
Contracts with municipality.
In any county of 500,000
population or over having a public building or buildings owned by said
county, adjacent or contiguous to a public building or buildings belonging
to any municipality within such county, such county and municipal
corporation may contract with each other, and they are hereby empowered to
sell and deliver, one to the other, heat or electricity from the plant or
plants located in the building or buildings of one for use in such building
or buildings of the other, and it shall not be necessary to advertise for
bids before entering into contracts hereunder: Provided, however, that a
saving over previous expenditures must thereby be secured to either or both.
(Source: P.A. 86-962.)
|
55 ILCS 5/Div. 5-5
(55 ILCS 5/Div. 5-5 heading)
Division 5-5.
Contracts for Police Protection
|
55 ILCS 5/5-5001
(55 ILCS 5/5-5001) (from Ch. 34, par. 5-5001)
Sec. 5-5001.
Police protection in townships outside incorporated
municipalities. The county board of any county may contract, with advice and
consent of the sheriff in the county in which the request for contract
services is made, based upon a determination of law enforcement needs of the
area in which contract services are sought,
with any
township in the county to furnish police protection outside of any
incorporated municipality in the township.
(Source: P.A. 91-633, eff. 12-1-99.)
|
55 ILCS 5/Div. 5-6
(55 ILCS 5/Div. 5-6 heading)
Division 5-6.
Adoption of Codes and Records by Reference
|
55 ILCS 5/5-6001
(55 ILCS 5/5-6001) (from Ch. 34, par. 5-6001)
Sec. 5-6001.
Definitions.
As used in the text of this
Division, the following terms shall have the meanings indicated
as follows, unless the context otherwise requires:
"Code" shall mean and include any published compilation of rules and
regulations which have been prepared by various technical trade or service
associations and shall include specifically, but shall not be limited to,
building codes; plumbing codes; electrical wiring codes; fire prevention
codes; codes for the slaughtering, processing, and selling of meats and
meat products for human consumption; codes for the production, pasteurizing
and sale of milk and milk products, together with any other code which
embraces rules and regulations pertinent to a subject which is a proper
county legislative matter;
"Public record" shall mean and include any county, state, or federal
statute, rule, or regulation adopted prior to the exercise by any county of
the authority to incorporate by reference herein granted; provided,
however, that this definition shall not include the county ordinances or
resolutions, rules or regulations of any county except those of the county
which is exercising the right to incorporate by reference, nor shall this
definition include the state laws, rules, or regulations of any state other
than the State of Illinois;
"Published" shall mean printed, lithographed, multigraphed,
mimeographed, or otherwise reproduced.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-6002
(55 ILCS 5/5-6002) (from Ch. 34, par. 5-6002)
Sec. 5-6002.
Adoption of codes and public records by reference.
Any
county is authorized to adopt by reference the provisions of any code or
portions of any code as herein defined, without setting forth the
provisions of such codes in full, provided that at least 3 copies of such
code which is incorporated or adopted by reference are filed in the office
of the county clerk and there kept available for public use, inspection,
and examination. Any county is likewise authorized and empowered to adopt
by reference the provisions of any public records, provided, likewise, that
3 copies of such public record are kept on file in the office of the county
clerk as provided above for codes. The filing requirement herein prescribed
shall not be deemed to be complied with unless the required copies of such
code or public record are filed with the county clerk for a period of 15
days prior to adoption of the ordinance or resolution which incorporates
such code or public record by reference.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-6003
(55 ILCS 5/5-6003) (from Ch. 34, par. 5-6003)
Sec. 5-6003.
Publication of adopting ordinance or resolution.
Nothing
contained in this Division shall be deemed to relieve any county from the
requirement of publishing the ordinance or resolution in full which adopts
such code or public record by reference, and all provisions applicable to
such publication shall be fully and completely carried out as if no code or
public record was incorporated therein.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-6004
(55 ILCS 5/5-6004) (from Ch. 34, par. 5-6004)
Sec. 5-6004.
Adoption of penalty clauses by reference prohibited.
Nothing contained in this Division shall be deemed to permit the adoption
of the penalty clauses by reference which may be established
in the code or public record which is being incorporated by reference, and
such penalty clauses shall be set forth in full in the adopting ordinance
or resolution and be published along with and in the same manner as the
adopting ordinance or resolution is required to be published.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-6005
(55 ILCS 5/5-6005) (from Ch. 34, par. 5-6005)
Sec. 5-6005.
Amendments to codes or public records.
Any amendment
which may be made to any code or public record incorporated by reference by
a county hereunder, may be likewise adopted by reference provided that the
required number of amended or corrected copies are filed with the county
clerk for inspection, use, and examination by the public. Ordinances or
resolutions adopting amendments by reference shall be required to be
published as any other ordinances or resolutions of the county and the
requirement as to prior filing before passage shall apply likewise to
amendments.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-6006
(55 ILCS 5/5-6006) (from Ch. 34, par. 5-6006)
Sec. 5-6006.
Ratification of previous adoptions by
reference. Any county which has heretofore enacted a code
or public record by reference thereto shall not be required
to re-enact such code or public record by reason of this Division,
and all previous incorporations by reference which would have been
valid if this Division had then been in effect, are hereby ratified
and declared effective, provided, however, that the requisite number
of copies are forthwith filed with the county clerk, if they have
not already been so filed.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-6008 (55 ILCS 5/5-6008) Sec. 5-6008. Building permits. Once a building permit is issued, the applicable building codes of any unit of local government that are in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit.
(Source: P.A. 95-512, eff. 1-1-08.) |
55 ILCS 5/Div. 5-7
(55 ILCS 5/Div. 5-7 heading)
Division 5-7.
Nonsectarian Hospitals
|
55 ILCS 5/5-7001
(55 ILCS 5/5-7001) (from Ch. 34, par. 5-7001)
Sec. 5-7001.
Tax for maintaining public nonsectarian
hospitals. Each county board, subject to the
provisions of Section 5-7002, has power to levy a tax of not to
exceed .25%, or the rate limit in effect on July 1, 1967, whichever is
greater, of the value, as equalized or assessed by the
Department of Revenue, annually on all taxable property of
the county, for the purpose of maintaining public nonsectarian hospitals
located in the county. Such tax shall be levied and collected in like
manner as the general taxes of the county, and shall, when collected, be
paid into the "Hospital Fund", which fund is hereby created. Such tax shall
be in addition to all other taxes which the county is now, or hereafter may
be, authorized to levy on the aggregate valuation of the property within
the county and shall not be included in any tax limitation of rate upon
which taxes are required to be extended but shall be excluded therefrom and
in addition thereto. The foregoing limitations upon tax rates, insofar as
they are applicable to counties of less than 1,000,000 population, may be
increased or decreased under the referendum provisions of the General
Revenue Law of Illinois.
For the purposes of this Division the words, "public nonsectarian
hospital", shall be construed to include community hospitals operated on a
non-profit basis, which are required by the terms of any contract to
receive and care for acutely ill patients up to 25 per cent of the service
rendered by such hospital expressed in terms of patient-days, regardless of
whether the hospital receives compensation from such patients for the
services rendered.
(Source: P.A. 86-962.)
|
55 ILCS 5/5-7002
(55 ILCS 5/5-7002) (from Ch. 34, par. 5-7002)
Sec. 5-7002.
Election for tax levy.
When a county board passes a
resolution asking that an annual tax may be levied for the purpose of
maintaining public nonsectarian hospitals in the county, and so instructs
the county clerk, 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. The
proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall.... County levy an annual tax of not to exceed YES .25 per cent for the purpose - - - - - - - - - - - - - - - - - - - - - - - - - - - -
of maintaining public NO nonsectarian hospitals? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all the votes cast upon the proposition are for the
levy of such tax, the county board may thereafter annually levy such
tax, and thereafter the county board shall, in the annual appropriation
bill, appropriate from such fund such sum or sums of money as may be
deemed necessary to defray necessary expenses and liabilities of such
hospitals.
(Source: P.A. 86-962 .)
|
55 ILCS 5/5-7003
(55 ILCS 5/5-7003) (from Ch. 34, par. 5-7003)
Sec. 5-7003.
Discontinuance of tax.
When 100 legal voters of any
county which has adopted the provisions of this Division presents a
petition to the county clerk, requesting that the levying of a tax annually
in such county for the purpose of maintaining public nonsectarian hospitals
be discontinued, the county clerk shall certify the proposition to any
board of election commissioners in the county and he and they shall submit
the proposition at an election in accordance with the general election law.
The proposition shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall .... County discontinue the levying of an annual YES tax for the purpose of - - - - - - - - - - - - - - - - - - - - - -
maintaining public NO nonsectarian hospitals? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all the votes cast upon the proposition are for the
discontinuance of the levying of such tax, the county board shall not
thereafter levy such tax unless a proposition authorizing such levy
again receives a majority of all the votes cast upon the proposition as
prescribed by Section 5-7002.
(Source: P.A. 86-962 .)
|
|
|
|