97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5504

 

Introduced 2/15/2012, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-21001  from Ch. 34, par. 5-21001

    Amends the Counties Code. Authorizes a county board, by resolution, to transfer, sell, lease, dispose of, or terminate services provided by, the county's sheltered care or nursing home facilities. Sets forth procedures concerning the adoption of the resolution and public notice. Further provides that a county may elect to continue to operate and maintain sheltered care or nursing home facilities or to continue to levy and have extended and collected any authorized tax for up to 10 years. Authorizes the county to be paid or reimbursed for operating and maintenance costs incurred, including but not limited to delays or failures of federal, State, or local payments related to the sheltered care or nursing home facilities, from general funds, fund transfers, tax or revenue anticipation notes, or other financing obligations. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5504LRB097 17776 KMW 62991 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-21001 as follows:
 
6    (55 ILCS 5/5-21001)  (from Ch. 34, par. 5-21001)
7    Sec. 5-21001. Establishment and maintenance of county
8home. In any county which establishes and maintains a county
9sheltered care home or a county nursing home for the care of
10infirm or chronically ill persons, as provided in Section
115-1005, the County Board shall have power:
12    1. To acquire in the name of the county by purchase, grant,
13gift, or legacy, a suitable tract or tracts of land upon which
14to erect and maintain the home, and in connection therewith a
15farm or acreage for the purpose of providing supplies for the
16home and employment for such patients as are able to work and
17benefit thereby.
18    The board shall expend not more than $20,000 for the
19purchase of any such land or the erection of buildings without
20a 2/3 vote of all its members in counties of 300,000 or more
21population, or a favorable vote of at least a majority of all
22its members in counties under 300,000 population.
23    2. To receive in the name of the county, gifts and legacies

 

 

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1to aid in the erection or maintenance of the home.
2    3. To appoint a superintendent and all necessary employees
3for the management and control of the home and to prescribe
4their compensation and duties.
5    4. To arrange for physicians' services and other medical
6care for the patients in the home and prescribe the
7compensation and duties of physicians so designated.
8    5. To control the admission and discharge of patients in
9the home.
10    6. To fix the rate per day, week, or month which it will
11charge for care and maintenance of the patients. Rates so
12established may vary according to the amount of care required,
13but the rates shall be uniform for all persons or agencies
14purchasing care in the home except rates for persons who are
15able to purchase their own care may approximate actual cost.
16    7. To make all rules and regulations for the management of
17the home and of the patients therein.
18    8. To make appropriations from the county treasury for the
19purchase of land and the erection of buildings for the home,
20and to defray the expenses necessary for the care and
21maintenance of the home and for providing maintenance, personal
22care and nursing services to the patients therein, and to cause
23an amount sufficient for those purposes to be levied upon the
24taxable property of the counties and collected as other taxes
25and further providing that in counties with a population of not
26more than 1,000,000 to levy and collect annually a tax of not

 

 

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1to exceed .1% of the value, as equalized or assessed by the
2Department of Revenue, of all the taxable property in the
3county for these purposes. The tax shall be in addition to all
4other taxes which the county is authorized to levy on the
5aggregate valuation of the property within the county and shall
6not be included in any limitation of the tax rate upon which
7taxes are required to be extended, but shall be excluded
8therefrom and in addition thereto. The tax shall be levied and
9collected in like manner as the general taxes of the county,
10and when collected, shall be paid into a special fund in the
11county treasury and used only as herein authorized. No such tax
12shall be levied or increased from a rate lower than the maximum
13rate in any such county until the question of levying such tax
14has first been submitted to the voters of such county at an
15election held in such county, and has been approved by a
16majority of such voters voting thereon. The corporate
17authorities shall certify the question of levying such tax to
18the proper election officials, who shall submit the question to
19the voters at an election held in accordance with the general
20election law.
21    The proposition shall be in substantially the following
22form:
23-------------------------------------------------------------
24    Shall ........ County be authorized
25to levy and collect a tax at a rate not            YES
26to exceed .1% for the purpose of          -------------------

 

 

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1   ........ (purchasing, maintaining) a            NO
2 county nursing home?
3-------------------------------------------------------------
4    If a majority of votes cast on the question are in favor,
5the county shall be authorized to levy the tax.
6    If the county has levied such tax at a rate lower than the
7maximum rate set forth in this Section, the county board may
8increase the rate of the tax, but not to exceed such maximum
9rate, by certifying the proposition of such increase to the
10proper election officials for submission to the voters of the
11county at a regular election in accordance with the general
12election law. The proposition shall be in substantially the
13following form:
14-------------------------------------------------------------
15    Shall the maximum rate
16of the tax levied by........            YES
17County for the purpose of.......
18(purchasing, maintaining) a      ----------------------------
19county nursing home be
20increased from........ to               NO
21........ (not to exceed .1%)
22-------------------------------------------------------------
23    If a majority of all the votes cast upon the proposition
24are in favor thereof, the county board may levy the tax at a
25rate not to exceed the rate set forth in this Section.
26    9. Upon the vote of a 2/3 majority of all the members of

 

 

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1the board, to sell, dispose of or lease for any term, any part
2of the home properties in such manner and upon such terms as it
3deems best for the interest of the county, and to make and
4execute all necessary conveyances thereof in the same manner as
5other conveyances of real estate may be made by a county.
6However, if the home was erected after referendum approval by
7the voters of the county, it shall not be sold or disposed of
8except after referendum approval thereof by a majority of the
9voters of the county voting thereon.
10    If the home was erected after referendum approval by the
11voters of the county, the county nursing home may be leased
12upon the vote of a 3/5 majority of all the members of the
13board.
14    10. To operate a sheltered care home as a part of a county
15nursing home provided that a license to do so is obtained
16pursuant to the Nursing Home Care Act, as amended.
17    11. Notwithstanding any other provisions of this Code, the
18county board, by public or private offer, may transfer, sell,
19lease, dispose of, or otherwise terminate services provided by,
20the county's sheltered care or nursing home facilities.
21    (a) The county board, by resolution, may authorize
22contracts and agreements for the transfer, sale, lease, or
23other disposition of the county's sheltered care or nursing
24home facilities to a public or private corporation or other
25entity, sheltered care facility, nursing home facility,
26hospital facility, health care facility, or unit of local

 

 

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1government, or may otherwise terminate services of the county's
2sheltered care or nursing home facilities, provided that the
3county board finds and determines that any termination,
4transfer, sale, lease, or other disposition is in the county's,
5residents', patients', and users' best interests. At least 10
6days before the adoption of a resolution authorizing the
7termination, transfer, lease, or other disposition the county
8board shall make the proposed resolution available for public
9inspection and shall hold at least one public hearing on the
10proposed resolution. At least 10 days before the public
11hearing, notice of the hearing shall be published in one or
12more newspapers having general circulation within the county.
13The notice shall state the date, time and place of the hearing,
14and the place where copies of the proposed resolution will be
15available for examination.
16    (b) If a county transfers, sells, leases, or disposes of
17its sheltered care or nursing home facilities, then the county
18may elect to continue to operate and maintain those facilities,
19to continue to levy and have extended and collected any tax
20authorized under paragraph 8, and to exercise powers,
21functions, and authority pursuant to this paragraph 11 as the
22county board may find desirable or necessary, for up to 10
23years. After 10 years, the ability to levy a tax authorized
24under paragraph 8 shall cease. The county may be paid or
25reimbursed for operating and maintenance costs incurred by the
26county, including but not limited to delays or failures of

 

 

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1federal, State, or local payments related to the sheltered care
2or nursing home facilities, from general funds, fund transfers,
3tax or revenue anticipation notes, or other financing
4obligations.
5(Source: P.A. 89-185, eff. 1-1-96.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.