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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 5/5-23042
(55 ILCS 5/5-23042) (from Ch. 34, par. 5-23042)
Sec. 5-23042.
Powers and duties of board.
All provisions in Sections
5-23034 and 5-23036 shall be applicable to the boards of directors in
counties where a proposition for levy of an additional annual tax in excess
of the statutory limit for care and treatment of persons afflicted with
tuberculosis has been adopted and such boards shall have all the powers and
authority therein contained.
(Source: P.A. 86-962.)
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55 ILCS 5/5-23043
(55 ILCS 5/5-23043) (from Ch. 34, par. 5-23043)
Sec. 5-23043.
Effect of vote to levy tax.
A vote
under Sections 5-23029 and 5-23030, in favor of the levying of the tax for
the purpose stated, shall not prevent a subsequent vote to levy an
additional tax in excess of the statutory limit under Sections 5-23039
and 5-23040 for the purpose stated in said
Sections, but if the vote shall be in favor of levy of such additional tax
in excess of the statutory limit, the tax under Sections 5-23029 and
5-23030 shall be discontinued without submission of
question of discontinuance to the electors.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-24
(55 ILCS 5/Div. 5-24 heading)
Division 5-24.
Cancer and Tumor Relief
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55 ILCS 5/5-24001
(55 ILCS 5/5-24001) (from Ch. 34, par. 5-24001)
Sec. 5-24001.
Funds for treatment of persons unable to pay.
Each county of this State shall provide funds, in the manner hereinafter
provided, for the treatment of persons in their respective counties
afflicted with cancer or tumor who are unable to pay for such treatment.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24002
(55 ILCS 5/5-24002) (from Ch. 34, par. 5-24002)
Sec. 5-24002.
Applications for benefits.
It shall be the duty of the
presiding officer of the county board of each county, with the advice and
consent of that county board, to appoint a duly licensed physician,
hereinafter called the examiner, who is familiar with cancer and tumor
cases, who shall maintain an office in some convenient place during the
entire year for the purpose of examining applicants for the benefits of the
provisions of this Division.
Such examiner shall examine all applicants desiring to receive the
benefits of the provisions of this Division, referred to him by
the county board and shall endorse on each such application a certificate
to each such applicant, stating whether or not in his opinion such
applicant is entitled to receive the benefits of the provisions of this
Division.
Such application may be filed with the county board by the person
afflicted with cancer or tumor, and whenever it shall come to the notice of
any public health nurse, any public health officer, or any physician of
such county, that any person entitled to the benefits of this Division
has not applied therefor, it shall be the duty of such nurse,
health officer or physician to file such an application with such board on
behalf of such afflicted person.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24003
(55 ILCS 5/5-24003) (from Ch. 34, par. 5-24003)
Sec. 5-24003.
Petition; hearing.
Whenever an examiner certifies that
an applicant is entitled to the benefits of this Division, such
examiner shall file a petition on behalf of such applicant in the circuit
court, which petition shall set forth such facts as are necessary under
this Division to give the court jurisdiction of the
subject-matter thereof and a full statement of the financial condition of
the applicant. The court shall set a day for a hearing on such petition
which shall be not less than 3 nor more than 10 days after the date of the
filing thereof. The court may require such persons as it deems necessary to
appear and testify at any such hearing and may direct that process be
issued requiring the attendance at such hearing of any such persons.
If the applicant is too ill to be present in the court room at the time
of such hearing, the court may, in its discretion, hold all or part of such
hearing at the home of the applicant or at such other place wherein the
applicant may be confined.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24004
(55 ILCS 5/5-24004) (from Ch. 34, par. 5-24004)
Sec. 5-24004.
Order for payment for treatment by county.
Upon
the hearing of such a petition and the court being fully
advised in the premises, and finding the facts therein alleged to be true,
and that the applicant is financially unable to pay for such treatment and
that no relative legally responsible therefor is financially able to pay
for such treatment, may make an order upon the county board to pay for any
such treatment for the applicant for any sum not in excess of $40 per
month as the court deems necessary and
reasonable considering the financial condition of the applicant, which sum
may be used to provide necessary treatment, and in addition thereto,
medicine, nursing care and food for such applicant, if such applicant is
shown to be financially unable to pay for such medicine, care or food. It
shall thereupon be the duty of the county board to see that such amount so
fixed by the court is expended for treatment, or treatment and medicine,
nursing care and food, as the case may be, for such applicant, until
further order of the court.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24005
(55 ILCS 5/5-24005) (from Ch. 34, par. 5-24005)
Sec. 5-24005.
Residence requirements.
Such relief shall not be
granted by the court to any person who has not resided in the county where
application is made at least one year next preceding such application.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24006
(55 ILCS 5/5-24006) (from Ch. 34, par. 5-24006)
Sec. 5-24006.
Application by person having custody.
Any guardian
or other person having the custody of any such afflicted person may file an
application on behalf of such person.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24007
(55 ILCS 5/5-24007) (from Ch. 34, par. 5-24007)
Sec. 5-24007.
Fee for examination.
The examiner shall be paid the
sum of $5, by the county board, for each such examination of an applicant.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24008
(55 ILCS 5/5-24008) (from Ch. 34, par. 5-24008)
Sec. 5-24008.
Court order.
The court upon ordering, in connection
with any petition, that the county board provide a designated sum for
treatment for any such person, may also provide that such applicant may be
treated in some hospital in the county or in a home.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24009
(55 ILCS 5/5-24009) (from Ch. 34, par. 5-24009)
Sec. 5-24009.
Examination in State clinic or in hospital outside county;
nursing care. In connection with any such petition, when it is called to the
attention of the court that a proper and timely diagnosis of applicant's
case cannot be had locally, the court may make such order as may be
necessary and proper for sending the applicant to some hospital outside of
such county for examination and for the payment of the necessary expense
incident thereto. If the State is maintaining any clinic in such county, or
in any other county within a reasonable distance of such county, for the
purpose of treating cancer or tumor patients, the court shall send the
applicant to such clinic instead of to a hospital. Whenever it is, in the
opinion of the court, necessary for any such applicant to have the care of
a nurse, either in a hospital or a home, and it is shown to the
satisfaction of the court that because of the necessity of such nursing
care, the sum of $40 per month as authorized under the provisions of
Section 5-24004, is insufficient to adequately provide for the cost of such
nursing care, the court may authorize the payment of not to exceed $20 per
month for such care, in addition to such sum of $40.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24010
(55 ILCS 5/5-24010) (from Ch. 34, par. 5-24010)
Sec. 5-24010.
Payments by county treasurer.
All payments to persons
entitled to relief under the provisions of this Division shall be paid by
the county treasurer after approval of the claim therefor by the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24011
(55 ILCS 5/5-24011) (from Ch. 34, par. 5-24011)
Sec. 5-24011.
Termination of payments.
Whenever a court, which has
authorized relief under the provisions of this Division, is of the opinion
that any recipient of such relief is cured, no longer in need of treatment,
or that further treatments cannot benefit him or for any other reason the
court may order that such recipient shall no longer receive payments under
the provisions hereof.
(Source: P.A. 86-962.)
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55 ILCS 5/5-24012
(55 ILCS 5/5-24012) (from Ch. 34, par. 5-24012)
Sec. 5-24012.
Adoption of Division.
This Division shall not be
effective in any county unless the proposition of its adoption is submitted
to the voters of the county at any regular election and unless a majority
of the votes cast at such election upon the proposition are in favor of
its adoption.
Whenever a petition signed by 200 or more legal voters of any
county is presented to the county board requesting the submission of the
proposition of whether or not the county should provide for the treatment
of persons afflicted with cancer or tumor, the county board shall adopt
a resolution for the submission of the proposition at the next regular
election held in the county. The county board shall certify the resolution
and the proposition to the proper election officials who shall submit the
proposition at said election in accordance with the general election law.
The proposition shall be in substantially the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
For the adoption of Division 5-24 of the Counties Code (Cancer and Tumor Relief). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Against the adoption of Division 5-24 of the Counties Code (Cancer and Tumor Relief). - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the legal voters of the county voting on the
proposition vote in favor thereof, the proposition shall be deemed
adopted.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-24013
(55 ILCS 5/5-24013) (from Ch. 34, par. 5-24013)
Sec. 5-24013.
Discontinuance of treatment.
Whenever a petition
signed by 200 or more legal voters of a county which has adopted this
Division, is presented to the county board, requesting the
submission of a proposition whether or not the treatment of persons
afflicted with cancer or tumor under the provisions of this Division
be discontinued, the county board shall adopt a resolution
providing for the submission of the proposition to the voters of the county
in a similar manner as is hereinabove provided for the submission of the
proposition for the adoption of the provisions of this Division. 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.
If a majority of the voters of the county voting upon the proposition
are in favor thereof the proposition shall be deemed adopted and the
treatment of persons afflicted with cancer or tumor and any tax levied
therefor shall be discontinued in the county. If any funds remain to the
credit of the Cancer and Tumor Fund, after such a tax has been
discontinued, and no outstanding indebtedness exists against the county
for the purpose of the treatment of persons afflicted with cancer or
tumor, the remaining funds shall be paid into the general fund for
county purposes in the county treasury.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-25
(55 ILCS 5/Div. 5-25 heading)
Division 5-25.
County and Multi-county Health Departments
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55 ILCS 5/5-25001
(55 ILCS 5/5-25001) (from Ch. 34, par. 5-25001)
Sec. 5-25001.
County and multiple-county health departments.
Any county or two or more adjacent counties may, by resolution of
the county board or county boards of the respective counties, as the case
may be, or upon approval by referendum as hereinafter provided, establish
and maintain a full-time health department; provided, that four or more
counties must obtain the approval of the State Department of Public Health
prior to establishing a multiple-county health department. The approval may
be obtained upon application by the county board of any county, containing
such information as may be required by the State Department. Approval shall
be granted if the State Department determines that the establishment of the
multiple-county health department is essential to the health requirements
of the area affected.
A "consolidated health department" shall mean a health department which
has resulted from the merging of two or more adjacent existing county or
multiple-county health departments, as provided in Section 5-25019.
A full-time health department is one whose personnel, other than
consultants and clinicians, devote their full time during regular, standard
working hours to health department duties. Reference hereinafter made to
health departments means full-time health departments unless otherwise
specified.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25002
(55 ILCS 5/5-25002) (from Ch. 34, par. 5-25002)
Sec. 5-25002.
Classification of departments.
County and multiple county
health departments established under this Division may be classified by the
Director of Public Health in accordance with standards relating to
programs, and performance. The State Department of Public Health is
authorized to promulgate rules and regulations setting forth minimum
standards for programs and performance, including regulations in which the
State Department of Public Health shall require provision of home
visitation and other services for pregnant women, new mothers and infants
who are at risk as defined by that Department that encompass but are not
limited to consultation for parental and child development, comprehensive
health education, nutritional assessment, dental health, and periodic
health screening, referral and follow-up; the services shall be provided
through programs funded by grants from the Department of Public Health from
appropriations to the Department for that purpose. The Department is further
authorized to prescribe minimum qualifications for the professional,
technical, and administrative staff.
(Source: P.A. 86-962; 86-1377; 87-395.)
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55 ILCS 5/5-25003
(55 ILCS 5/5-25003) (from Ch. 34, par. 5-25003)
Sec. 5-25003.
Election on establishment of county health
department and annual levy of additional tax. Whenever a
petition signed by voters representing not less than 10% of the
votes cast at the last preceding general election of any
county is presented to the county clerk requesting the establishment and
maintenance of a county health department and the levy therefor, in
excess of the statutory limit, of an additional annual tax of not to
exceed .1% of the value, as equalized or assessed by the Department of
Revenue, of all taxable property of the county, the
county clerk shall certify the proposition for submission at an election
in accordance with the general election law, and the proposition shall be
so submitted. The proposition shall be in substantially the
following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall.... county levy an annual tax of not to YES exceed .1% for the purpose - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
of providing community health NO facilities and services? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all votes cast upon the proposition is in favor thereof,
the county board shall immediately proceed to establish a health
department. In any county in which a county health department was
established by a referendum prior to January 1, 1970, the county board may,
by resolution and without subsequent referendum, levy a tax at a rate not
to exceed the rate set forth in Section 5-25010.
However, any levy in excess of .05% shall be approved by at least a
three-fifths vote of the county board. 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.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-25004
(55 ILCS 5/5-25004) (from Ch. 34, par. 5-25004)
Sec. 5-25004.
Election on establishment of multiple-county health
department and annual levy of additional tax. Whenever a petition signed by
voters representing not less than 10% of the votes cast at the last preceding
general election in each of two or more adjacent counties is presented to
their respective county clerks requesting the establishment and maintenance
of a multiple-county health department and the levy therefor, in excess of
the statutory limit, of an additional annual tax in each county of not
to exceed .1% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property of the county, each
county clerk shall certify the proposition to the county clerk of each of the
other counties mentioned in the petition. Each such county clerk in
accordance with the general election law shall make certification to any
board of election commissioners in his county and shall submit the proposition
to the voters at an election. If the petitions are so presented in 4 or
more counties, the approval of the State Department of Public Health as
provided in Section 5-25001, shall be obtained prior to the
giving of notice. The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall.... counties levy an annual tax of not to exceed .1% YES for the purpose of providing health - - - - - - - - - - - - - - - - - - - - - - - - - -
facilities and services in their NO respective counties? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of all votes cast upon the proposition in each county
is in favor thereof, the several county boards shall immediately proceed
to organize a multiple-county health department and shall agree
concerning the conditions governing the organization and operation of
the department and for the apportionment of the cost thereof. In any
county in which a multiple county health department was established and
organized by a referendum prior to January 1, 1970, the county board
may, by resolution and without subsequent referendum, levy a tax at a
rate not to exceed the rate set forth in Section 5-25010. However, any
levy in excess of .05% shall be approved by at least a
three-fifths vote of the county board. 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.
(Source: P.A. 86-962 .)
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55 ILCS 5/5-25005
(55 ILCS 5/5-25005) (from Ch. 34, par. 5-25005)
Sec. 5-25005.
Canvass of votes.
When the proposition is submitted to
the voters of a county, the ballots shall be counted, the returns canvassed
and the result declared as in the case of a regular county election.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25006
(55 ILCS 5/5-25006) (from Ch. 34, par. 5-25006)
Sec. 5-25006.
Canvass of votes in several counties.
When the
proposition is submitted to the voters of two or more
adjacent counties, the ballots shall be counted and the returns made to the
county clerk of each county, respectively, in the same manner as in the
case of returns to the county clerk in a general election. The returns
shall be opened and canvassed by a committee made up of the county clerk of
each county in which the vote on the proposition was cast, and the chairman
of the county board of each county. The committee will convene at the
request of the chairman of the county board of any one of the counties in
which the vote on the proposition was cast. The committee shall elect a
chairman whose duty it will be to see that the returns are opened and
canvassed by the committee and that the result is declared.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25007
(55 ILCS 5/5-25007) (from Ch. 34, par. 5-25007)
Sec. 5-25007.
County clerk to record vote.
Each county clerk shall
record the result of the vote upon the proposition in his county, and the
result may be proved in all courts and in all proceedings by the record or
by a certified copy thereof.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25008
(55 ILCS 5/5-25008) (from Ch. 34, par. 5-25008)
Sec. 5-25008.
Jurisdiction of department.
Each county and
multiple-county health department has jurisdiction for the purposes of this
Division throughout the entire county or multiple counties, except within:
1. Any public health district organized under "An Act to authorize the
organization of public health districts and for the establishment and
maintenance of a health department for the same," filed June 26, 1917,
as amended;
2. Any city, village or incorporated town or combination thereof of less
than 500,000 inhabitants which city, village, incorporated town or combination
thereof or public health district maintains a local health department and
employs a full-time health officer and other professional personnel
possessing such qualifications as may be prescribed by the
State Department of Public Health;
3. Any city, village or incorporated town of 500,000 or more inhabitants.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25009
(55 ILCS 5/5-25009) (from Ch. 34, par. 5-25009)
Sec. 5-25009.
Abandonment of city, village or town department.
Any city, village or incorporated town, or combination thereof or
any public health district which maintains its own independent health
department may abandon the same and become integrated in the county or
multiple-county health department. The method of abandonment, unless
otherwise prescribed by law, shall be the same as the method of adoption.
Abandonment shall become effective at the end of the fiscal year of the
city, village, incorporated town or public health district.
Any county which establishes a county health department may unite with
other counties to organize a multiple-county health department, in which
event the county health department shall be dissolved as soon as the
multiple-county health department is organized and all of its records shall
be transferred to the multiple-county health department.
(Source: P.A. 86-962.)
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55 ILCS 5/5-25010
(55 ILCS 5/5-25010) (from Ch. 34, par. 5-25010)
Sec. 5-25010. Annual tax levy. The county board of any county which
has established and is maintaining a county or multiple-county health
department shall, when authorized as provided in Sections 5-25003 or
5-25004, levy annually therefor, in excess of the statutory limit, a tax of
not to exceed .1% of the value plus the additional tax, if applicable,
provided for in Section 5-23002, as equalized or assessed by the Department of Revenue, of
all taxable property of the county, which tax shall be levied and collected in
like manner as general county taxes and shall be paid (except as provided in
Section 5-25011) into the county treasury and held in the County Health Fund
and shall be used only for the purposes of this Division.
Where there is a county health department, the County Health Fund
shall be drawn upon by the proper officers of the county upon the
properly authenticated vouchers of the county health department. Where
there is a multiple-county health department, the County Health Fund
shall be drawn upon by the treasurer of the board of health of the
multiple-county health department. In counties maintaining single county
health departments, each county board shall appropriate from the County
Health Fund such sums of money as may be sufficient to fund the approved
budget of the county health department, so long as those sums have been set out
in the annual budget submitted to the county board by the county board
of health and that annual budget has been approved by the county board.
In counties with a population between 700,000 and 3,000,000, the county board
chairman has the power to veto or reduce any line item in the appropriation
ordinance for the county or multiple-county health
department as provided in Section 5-1014.5.
Each county board of counties participating in the maintenance of a
multiple-county health department shall appropriate from the County
Health Fund and shall authorize the county treasurer to release
quarterly or more often to the treasurer of the board of health of the
multiple-county health department such sums of money as are in
accordance with the budget submitted by the multiple-county board of
health and approved by the county board of each of the participating
counties as may be necessary to pay its agreed share for the maintenance
of the multiple-county health department. The treasurer of the board of
health of the multiple-county health department shall request by
voucher, quarterly or more often such sums of money from the county
treasurers of the respective member counties, and shall support such
requests with estimates of anticipated receipts and expenditures for the
period for which sums of money are requested and with statements of
receipts and expenditures for the preceding period. In addition, that
treasurer shall support the requests to the annual budget submitted by
the multiple-county public health board and approved by the county board
of each of the participating counties. No payment may be made from a
County Health Fund except on the basis of a budget item in a budget
submitted by the appropriate public health board and approved by the
county board or boards concerned; however, amended or supplemental
budgets may be submitted and approved and thereby be the basis for such
a payment.
(Source: P.A. 102-587, eff. 1-1-22 .)
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55 ILCS 5/5-25011
(55 ILCS 5/5-25011) (from Ch. 34, par. 5-25011)
Sec. 5-25011.
Disposition of taxes collected.
The entire amount collected from taxes
levied under this Division on property subject to the general
corporate tax of any city, village or incorporated town or combination
thereof or public health district which maintains its own local health
department as provided in this Division, less the amount allowed for
collecting the same, shall be paid over by the county treasurer to the
treasurer of the public health district, city, village or incorporated town
to be used for the maintenance of its local health department.
(Source: P.A. 86-962.)
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