(65 ILCS 5/11-22-2) (from Ch. 24, par. 11-22-2)
Sec. 11-22-2.
In the event any municipality has established a public
hospital in accordance with the provisions of this Division 22 and in the
further event the corporate authorities shall determine that the hospital
is no longer needed for the purposes for which it was established, or that
those purposes would be better served through the operation of the hospital by
a corporation, hospital, health care facility, unit of local government or
institution of higher education, the corporate authorities may by ordinance
authorize
the transfer, sale or lease of the hospital to such corporation, hospital,
health care facility, unit of local government or institution of higher
education within or without the corporate limits of the municipality, or
may authorize the sale or lease of the hospital to any mental health clinic
which obtains any portion of its funds from the Department of Human
Services (as successor to the Department of Mental Health and Developmental
Disabilities). Such transfer, sale or lease may be on such
terms and under such conditions as the corporate authorities may deem
proper without regard to any provisions of Division 9 or 10 of Article 8 or
Divisions 75, 76, 77 and 78 of this Article 11. At least 10 days prior to
the adoption of an ordinance under this Section, the corporate authorities
shall make the proposed ordinance conveniently available for public
inspection and shall hold at least one public hearing thereon. Notice of
this hearing shall be published in one or more newspapers published
in the municipality, or if there is none published in the municipality, in
a newspaper having general circulation in the municipality, at least 10
days prior to the time of the public hearing. Such notice shall state the
time and place of the hearing and the place where copies of the proposed
ordinance will be accessible for examination.
In the event that prior to the sale or lease of the hospital pursuant
to this Section, a labor organization has been recognized by the hospital
as the exclusive representative of the majority of employees in a
bargaining unit for purposes of collective bargaining, and in the further
event that a purchaser or lessor subject to the National Labor Relations
Act retains or hires a majority of the employees in such a bargaining unit,
such purchaser or lessor shall recognize the labor organization as the
exclusive representative of the majority of employees in that bargaining
unit for purposes of collective bargaining, provided that the labor
organization makes a timely written assertion of its representational
capacity to the purchaser or lessor.
(Source: P.A. 89-507, eff. 7-1-97.)
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(65 ILCS 5/Art. 11 Div. 23 heading) DIVISION 23.
HOSPITALS IN CITIES OF LESS THAN 100,000
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(65 ILCS 5/11-23-1) (from Ch. 24, par. 11-23-1)
Sec. 11-23-1.
Whenever at least 100 electors of a city with a population of less
than 100,000 present a petition to the city clerk of the city asking
that an annual tax, not to exceed .06% of the value, as equalized or
assessed by the Department of Revenue, be levied each
year on all taxable property of the city for the establishment and
maintenance of a public hospital, or for the purchase and maintenance of
an existing nonsectarian public hospital, within the city, the city clerk
shall certify the proposition for submission at an election in accordance
with the general
election law. The proposition shall be in substantially the following form: "Shall a
....% tax, for establishing and maintaining (or for purchasing and
maintaining) a public hospital be levied against the taxable property of
the city of ....?" and shall specify the rate
of taxation mentioned in the petition. If a majority of all votes cast
on the proposition are in favor of the proposition, the tax specified in
the notice shall be levied and collected annually in the same manner as
are other general taxes in the city, and shall be known as the hospital
fund. However, municipalities authorized to levy this tax on July 1,
1967, shall have a rate limit of .06%, or the limit in effect on July 1,
1967, whichever is greater. Thereafter, the city council shall include
an appropriation in the annual appropriation ordinance of such sums of
money as may be necessary to defray all necessary expenses and
liabilities of the hospital. This annual hospital tax shall be in
addition to the amount authorized to be levied for general purposes
under Section 8-3-1 and shall be exclusive thereof and not included
within any limitation of rate or amount for other municipal purposes.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1489; 81-1509.)
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(65 ILCS 5/11-23-2) (from Ch. 24, par. 11-23-2)
Sec. 11-23-2.
In case an annual hospital tax has been levied and
collected under this Division 23 for 3 or more consecutive years, and
the city has not established or maintained, or purchased and maintained,
a hospital in accordance with this Division 23, the mayor of the city,
with the approval of the city council, may authorize the payment of all
funds in the city treasury derived from that tax, to any nonsectarian
public hospital within or without the corporate limits of the city
maintained for the use and benefit of the inhabitants of the city who
are sick or are injured or maimed. These funds, when so turned over to
such a hospital, shall be used solely for its maintenance under the sole
control of the management of the hospital. Thereafter, funds derived
from this annual hospital tax shall be turned over to that hospital as
soon as received by the city, until the city council shall provide
otherwise by an ordinance approved by a majority of the electors voting
thereon at any election. The city council may order
such ordinance certified by the clerk and submitted by the proper election
authority to the voters at any election in accordance with the general election law.
The management of such a hospital shall submit to the city council a
semi-annual report of the expenditure of such funds as have been
received from the city from the hospital tax.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-23-3) (from Ch. 24, par. 11-23-3)
Sec. 11-23-3.
In the event any municipality has
established a city public
hospital in accordance with the provisions of Section 11-23-1 and in the
further event the corporate authorities shall
determine that the hospital
is no longer needed for the purposes for which it was established or that
those purposes would be better served through the operation of the city
hospital by a corporation, hospital, health care
facility, unit of local government or institution of higher education, the
corporate authorities by ordinance may authorize the
transfer, sale or lease of the hospital to such corporation, hospital,
health care facility, unit of local government or institution of higher
education within or without
the corporate limits of the city, or may authorize the sale or lease of the
hospital to any mental health clinic which obtains any portion of its funds
from the Department of Human Services (as successor to the Department of
Mental Health and Developmental Disabilities). Such
transfer, sale or lease may be on such terms and under such conditions as
the corporate authorities may deem proper without
regard to any provisions of
Division 9 of Article 8 or Divisions 75, 76, 77 and 78 of this Article 11.
At least 10 days prior to the adoption of an ordinance under this
Section the corporate authorities shall make the proposed ordinance
conveniently available for public inspection and shall hold at least one
public hearing thereon. Notice of this hearing shall be published in one
or more newspapers published in the municipality, or if there is none
published in the municipality, in a newspaper having general circulation in
the municipality, at least 10 days prior to the time of the public hearing.
Such notice shall state the time and place of the hearing and the place
where copies of the proposed ordinance will be accessible for examination.
If a city public hospital is transferred, sold or leased as authorized
by this section and if no bonds issued under the provisions of Section
11-23-6 or Section 11-23-13 are outstanding, the city council may transfer
any excess funds remaining in the Hospital Fund to the general fund of the
city to be expended for capital expenditures only and not for operating
expenses of the city.
In the event that prior to the sale or lease of the hospital pursuant
to this Section, a labor organization has been recognized by the hospital
as the exclusive representative of the majority of employees in a
bargaining unit for purposes of collective bargaining, and in the further
event that a purchaser or lessor subject to the National Labor Relations
Act retains or hires a majority of the employees in such a bargaining unit,
such purchaser or lessor shall recognize the labor organization as the
exclusive representative of the majority of employees in that bargaining
unit for purposes of collective bargaining, provided that the labor
organization makes a timely written assertion of its representational
capacity to the purchaser or lessor.
(Source: P.A. 89-507, eff. 7-1-97.)
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(65 ILCS 5/11-23-4) (from Ch. 24, par. 11-23-4)
Sec. 11-23-4.
When such a city council has decided to establish and
maintain, or to purchase and maintain, a public hospital under this
Division 23, the mayor, with the approval of the city council, shall
appoint a board of 3 directors for the hospital.
One of the directors shall hold office for one year, one for 2 years,
and one for 3 years, from the first day of July following their
appointments. At their first regular meeting the directors shall cast lots
for the respective terms. Before the first day of July each year
thereafter, the mayor, with the approval of the city council, shall appoint
one director to take the place of the retiring director, who shall hold
office for 3 years, and until his successor is appointed.
The city council may, by resolution, increase the membership of the
board to 5 directors. Such resolution shall not affect the terms of the
incumbent directors. Before the first day of July following the adoption of
such resolution the mayor with the approval of the city council, shall
appoint 3 directors, one to succeed the incumbent whose term expires and
the 2 additional provided for in the resolution, for terms of 3, 4 and 5
years from July 1 of the year of the appointment. Thereafter, upon the
expiration of the term of any director his successor shall be appointed for
a term of 5 years and until his successor is appointed for a like term.
If the city council has, by previous resolution, increased the
membership of the board to 5 directors, the city council may by new
resolution increase the membership of the board by 2 new members in any one
year up to a maximum of 11 directors. Such new resolution shall not affect
the terms of incumbent directors. Before the first day of July following
the adoption of the new resolution the mayor with the approval of the city
council shall appoint a sufficient number of directors so that there will
be a successor for the full term of each incumbent whose term expires, and
the 2 additional provided for in the resolution for terms of 4 and 5 years
from July 1 of the year of appointment. Thereafter, upon the expiration of
the term of any director, his successor shall be appointed for a term of 5
years and until his successor is appointed and qualified for a like term.
The mayor, with the consent of the city council, may remove any director
for misconduct or neglect of duty. Vacancies in the board of directors,
however occasioned, shall be filled for the unexpired term in like manner
as original appointments. No director shall receive compensation for
serving as a director. No director shall be interested, either directly or
indirectly, in the purchase or sale of any supplies for the hospital.
(Source: P.A. 97-813, eff. 7-13-12.)
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(65 ILCS 5/11-23-5) (from Ch. 24, par. 11-23-5)
Sec. 11-23-5.
Immediately after their appointment the directors shall meet
to organize by the election of one of their number president and one as
secretary and by the election of such other officers as they may deem
necessary. They shall adopt such by-laws, rules, and regulations for their
own guidance and for the government of the hospital as may be expedient and
not inconsistent with ordinances of the city. They have the exclusive
control of the expenditure of all money collected to the credit of the
hospital fund. All money received for the hospital shall be deposited in
the city treasury to the credit of the hospital fund, and drawn upon by the
proper city officers upon the proper authenticated vouchers of the hospital
board. The board has the power to purchase or lease ground and to occupy,
lease, or erect appropriate buildings for the use of the hospital. It has
the exclusive control of the supervision, care, and custody of the grounds,
leases, and buildings constructed, leased, or set apart for that purpose.
The board has the power to appoint a suitable superintendent or matron, or
both, and necessary assistants, to fix their compensation and to remove
such appointees. The board in general shall carry out the spirit and intent
of this Division 23 in establishing and maintaining or in purchasing and
maintaining a public hospital. The board is authorized to approve the
provision of any service and to approve any contract or other arrangement
not prohibited by a hospital licensed under the Hospital Licensing Act,
incorporated under the General Not-For-Profit Corporation Act, and exempt
from taxation under paragraph (3) of subsection (c) of Section 501 of the
Internal Revenue Code. One or all of the directors shall visit and
examine the hospital at least twice each month and the board shall make
monthly reports of its condition to the city council.
(Source: P.A. 86-739.)
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