2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Art 11 prec Div 22 - Hospitals and Sanitariums
(65 ILCS 5/Art 11 prec Div 22 heading) HOSPITALS AND SANITARIUMS
(65 ILCS 5/Art. 11 Div. 22 heading) DIVISION 22. GENERAL POWERS OVER HOSPITALS, SANITARIUMS AND UNDERTAKING PARLORS
(65 ILCS 5/11‑22‑1)(from Ch. 24, par. 11‑22‑1) Sec. 11‑22‑1. The corporate authorities of each municipality may erect,
establish, and maintain hospitals, nursing homes and
medical dispensaries, all on a nonprofit basis, and
may locate and regulate hospitals, medical dispensaries, sanitariums, and
undertaking establishments; provided that the corporate authorities of any
municipality shall not regulate any pharmacy or drugstore registered under
the Pharmacy Practice Act of 1987. Any hospital maintained under this
Section is authorized to provide any service and enter into 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. For purposes of erecting, establishing and maintaining a nursing home
on a nonprofit basis pursuant to this Section, the corporate authorities of
each municipality shall have the power to borrow money; execute a
promissory note or notes, execute a mortgage or trust deed to secure
payment of such notes or deeds, or execute such other security instrument
or document as needed, and pledge real and personal nursing home property
as security for any such promissory note, mortgage or trust deed; and issue
revenue or general obligation bonds. (Source: P.A. 86‑739.)
(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.)
(65 ILCS 5/Art. 11 Div. 23 heading) DIVISION 23. HOSPITALS IN CITIES OF LESS THAN 100,000
(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.)
(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.)
(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.)
(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 effect 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. 86‑739.)
(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.)
(65 ILCS 5/11‑23‑6)(from Ch. 24, par. 11‑23‑6) Sec. 11‑23‑6. The corporate authorities of a city specified in this
Division 23 may provide that bonds of the city be issued for the purpose
of (1) constructing and equipping a hospital building or buildings, (2)
purchasing and maintaining an existing nonsectarian public hospital
within the city's corporate limits, or of (3) reconstructing, repairing,
remodeling, and improving, or of (4) extending and equipping, an
existing hospital building or buildings now owned and operated by the
city. These bonds shall be authorized by an ordinance and shall mature
at such time, not to exceed 20 years from their date of issue, and bear
such rate of interest, not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, payable annually or semi‑annually, as the corporate authorities may determine. The ordinance providing for the issuance of these bonds shall be
submitted to the electors of the city at an election conducted in accordance
with the general election law. The proposition shall be certified by the
municipal clerk and submitted by the proper election authority. If a majority
of the votes cast on this proposition are favorable, the bonds shall be
issued for the purpose and in the amount specified in the ordinance. Prior
to July 1, 1944, however, in the event that aid is to be received from any
agency of the Federal Government in the construction of the project for
which these bonds are to be issued and a declaration of that fact is set
forth in the ordinance providing for the issuance of the bonds, the
ordinance shall become effective immediately upon passage, without
submission to the electors and notwithstanding any provision in this Code
or in any other law to the contrary. The declaration of the corporate
authorities that the project is to be paid for either in whole or in part
by a grant from a Federal agency, as set forth in the ordinance, is
conclusive. These bonds shall be signed by the president and secretary of
the hospital board and by the mayor and city clerk, or commissioner of
accounts and finance of the city, and shall be payable out of the taxes to
be collected for hospital purposes in that city. With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts. (Source: P.A. 86‑4.)
(65 ILCS 5/11‑23‑7)(from Ch. 24, par. 11‑23‑7) Sec. 11‑23‑7. Every hospital established or purchased under this Division
23 shall be maintained for the benefit of the inhabitants of the city in
which it is established who are sick, injured, or maimed. But every
inhabitant of that city shall pay to the hospital board, or to such officer
as it shall designate, reasonable compensation for occupancy, nursing,
care, medicines, or attendance, according to the rules and regulations
prescribed by the board. The hospital shall always be subject to such
reasonable rules and regulations as the hospital board may adopt in order
to render the use of the hospital of the greatest benefit to the greatest
number. The board may exclude from the use of the hospital all inhabitants
and persons who wilfully violate those rules and regulations. The board may
extend the privileges and use of the hospital to persons residing outside
of the city but within this state, upon such terms and conditions as the
board may prescribe by its rules and regulations. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑23‑8)(from Ch. 24, par. 11‑23‑8) Sec. 11‑23‑8. The board of directors, in the name of the city, shall
receive and collect from such inhabitants or persons the compensation
specified in Section 11‑23‑7 as often as once in each month. The board
shall pay over to the city treasurer all compensation received or collected
during the month, and shall take the city treasurer's receipt therefor. At
the city council's regular monthly meeting the board shall also report to
the city council the names of persons or inhabitants from whom this
compensation has been received or collected, the amount so received or
collected from each, and the date when so received or collected. The board of directors shall make an annual report to the city council
on or before the second Monday in June, stating (1) the condition of their
trust on the first day of June of that year, (2) the various sums of money
received from the hospital fund and from other sources, (3) how that money
has been expended and for what purposes, (4) the number of patients, and
(5) such other statistics, information, and suggestions as they may deem of
general interest. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑23‑9)(from Ch. 24, par. 11‑23‑9) Sec. 11‑23‑9. When such a hospital is so established or purchased, the
physicians, nurses, attendants, patients, all persons approaching or coming
within the limits of the hospital, and all furniture and other articles
used or brought there shall be subject to such rules and regulations as the
board of directors may prescribe. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑23‑10)(from Ch. 24, par. 11‑23‑10) Sec. 11‑23‑10. Any person desiring to donate property for the benefit of
such a hospital may vest the title to the property so donated in the board
of directors created under this Division 23. That board or its successor
shall hold and control this property, when accepted, according to the terms
of the deed, gift or legacy of the property, and shall be a
trustee of the property. (Source: P.A. 83‑388.)
(65 ILCS 5/11‑23‑11)(from Ch. 24, par. 11‑23‑11) Sec. 11‑23‑11. All physicians who are recognized as legal practitioners by
the Department of Professional Regulation shall have equal privileges in
treating patients in such a hospital. (Source: P.A. 85‑1209.)
(65 ILCS 5/11‑23‑12)(from Ch. 24, par. 11‑23‑12) Sec. 11‑23‑12. All public hospitals which were established and maintained,
or purchased and maintained, under "An Act in relation to the
establishment, purchase and maintenance of public hospitals in cities of
less than one hundred thousand inhabitants," approved June 30, 1919, as
amended, and which were being maintained immediately prior to January 1,
1942, shall be treated as properly established or purchased under this
Division 23 and may be continued to be maintained under this Division 23.
All cities whose electors have approved the levy of an annual tax for
establishing and maintaining, or purchasing and maintaining, a public
hospital under that Act may continue to levy the tax under this Division 23
without submitting the question of its levy to the electors for approval.
The directors, other officers, and employees appointed under that Act who
were in office or employed immediately prior to January 1, 1942 shall
continue in their offices and employments under this Division 23 until the
respective terms for which they were appointed have expired, subject to the
provisions of this Division 23 as to removal. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑23‑13)(from Ch. 24, par. 11‑23‑13) Sec. 11‑23‑13. The corporate authorities of any city with a population of
less than 100,000 which has established a public hospital is authorized to
issue and sell revenue bonds payable from the revenue derived from the
operation of the hospital for the purpose of (1) reconstructing, repairing,
remodeling, or extending, or (2) equipping or improving an existing
hospital building or buildings, or any addition or extension thereto or (3)
constructing and equipping a new hospital to replace an existing hospital
and acquiring a site therefor, or (4) refunding any such revenue bonds
theretofore issued from time to time when deemed necessary or advantageous
in the public interest. These bonds shall be authorized by an ordinance
without submission thereof to the electors of the city, shall mature at
such time not to exceed 40 years from the date of issue, and bear such rate
of interest not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable annually or semiannually as the corporate authorities may
determine, and may be sold by the corporate authorities in such manner as
they deem best in the public interest. However, such bonds shall be sold at
such price that the interest cost of the proceeds therefrom will not exceed
7% per annum, based on the average maturity of such bonds and computed
according to standard tables of bond values. With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts. The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit. (Source: P.A. 86‑4.)
(65 ILCS 5/11‑23‑14)(from Ch. 24, par. 11‑23‑14) Sec. 11‑23‑14. The corporate authorities of any such city availing itself
of the provisions of Section 11‑23‑13 shall adopt an ordinance describing
in a general way the building or buildings, or addition or extension
thereto, to be constructed, reconstructed, repaired, remodeled, extended,
equipped or improved. Such ordinance shall set out the estimated cost of
such construction, reconstruction, repair, remodeling, extension, equipment
or improvement and fix the amount of revenue bonds proposed to be issued,
the maturity, interest rate, and all details in respect thereof and may
contain such provisions and covenants which shall be part of the contract
between the city and the holders of such bonds as may be deemed necessary
and advisable as to the operation, maintenance, and management of the
hospital, the establishment and maintenance of sinking funds, reserve
funds, and other special funds, including construction funds, the fixing
and collecting of rents, fees and charges for the use of the facilities of
the hospital sufficient to produce revenue adequate to maintain such funds
and to pay the bonds at maturity and accruing interest thereon, the
issuance thereafter of additional bonds payable from the revenues derived
from the hospital, the kind and amount of insurance, including use and
occupancy insurance, to be carried, the cost of which shall be payable only
from the revenues derived from the hospital, and such other covenants
deemed necessary or desirable to assure the successful operation and
maintenance of the hospital and the prompt payment of the principal of and
interest upon the bonds so authorized. Revenue bonds issued under this
Division 23 shall be signed by the president and secretary of the hospital
board and by the mayor and city clerk or commissioner of accounts and
finance of the city and shall be payable from revenue derived from the
operation of the public hospital. These bonds shall not in any event
constitute an indebtedness of the city within the meaning of any
constitutional provision or limitation. It shall be plainly written or
printed on the face of each bond that the bond has been issued under the
provisions of Sections 11‑23‑13 and 11‑23‑14, that the bond, including the
interest thereon, is payable from the revenue pledged to the payment
thereof, and that it does not constitute an indebtedness or obligation of
the city within the meaning of any constitutional or statutory limitation
or provision. No holder of any such revenue bond has the right to compel
any exercise of the taxing power of the city to pay such bond or interest
thereon. This ordinance shall be published and shall take effect as
provided in Section 1‑2‑4. (Source: Laws 1965, p. 847.)
(65 ILCS 5/11‑23‑15)(from Ch. 24, par. 11‑23‑15) Sec. 11‑23‑15. Revenue bonds issued on or after March 1, 1965 under
Sections 11‑23‑13 and 11‑23‑14 may be redeemed by the municipality issuing
them on such terms, at such time, upon such notice and with or without
premium all as may be provided in the ordinance authorizing them. Revenue bonds issued prior to March 1, 1965 under Sections 11‑23‑13 and
11‑23‑14 may be redeemed on any interest‑paying date, by proceeding as
follows: (1) a written notice shall be mailed to the holder of such bond 30
days prior to an interest‑paying date, notifying the holder that the bond
will be redeemed on the next interest‑paying date; or (2) if the holder of
such bond is unknown, then a notice describing the bond to be redeemed and
the date of its redemption shall be published 30 days prior to an
interest‑paying date in one or more newspapers published in the city, or,
if no newspaper is published therein, then in one or more newspapers having
a general circulation within the city. When notice has been mailed to the
holder of such bond, or when notice has been published in a newspaper in
case the holder of the bond is unknown, the bond shall cease bearing
interest from and after the next interest‑paying date. (Source: Laws 1965, p. 13.)
(65 ILCS 5/Art. 11 Div. 24 heading) DIVISION 24. IMPROVEMENT OF CERTAIN HOSPITALS IN CITIES OF LESS THAN 100,000
(65 ILCS 5/11‑24‑1)(from Ch. 24, par. 11‑24‑1) Sec. 11‑24‑1. The following terms, wherever used or referred to in this
Division 24, shall, unless the context otherwise requires, mean the
following: (1) "Public hospital" means any hospital established and supported by
any city of this state having a population of less than 100,000
inhabitants. (2) "Bonds" means bonds, interim certificates or other obligations of a
municipality issued by its governing body pursuant to this Division 24. (3) "Public works project" means any reconstruction, improvement or
betterment of a public hospital. (4) "To construct" means to reconstruct, to replace, to extend, to
repair, to better, to equip, to develop, to embellish or to improve a
public hospital. (5) "Construction" means building, repairing, construction,
reconstruction, replacement, extension, betterment, equipment, development,
embellishment and improvement of a public hospital. (6) "Federal agency" includes the United States of America, the
President of the United States of America, the Federal Emergency
Administrator of Public Works, the Reconstruction Finance Corporation, or
any agency, instrumentality or corporations owned or controlled by the
United States of America, which has heretofore been or may hereafter be
designated, created or authorized by or pursuant to any act or acts of the
Congress of the United States of America, to make loans or grants. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑24‑2)(from Ch. 24, par. 11‑24‑2) Sec. 11‑24‑2. Every city of less than 100,000 inhabitants which has
established and is supporting a public hospital may: (a) construct any public works project within or without the city or
partially within and partially without the city. (b) operate and maintain any public works project. (c) contract debts for the construction of any public works project, may
borrow money and may issue its bonds to finance all or part of such
construction. Any such city incurring any indebtedness as aforesaid, shall,
before or at the time of doing so, provide for the collection of a direct
annual tax sufficient to pay the interest on such debt as it falls due and
also to pay and discharge the principal thereof within 20 years from the
time of contracting the same. (d) acquire by purchase, gift or grant, and may hold and dispose of any
property, real or personal, tangible or intangible, or any right or
interest in any such property in connection with any public works project. (e) perform any acts authorized under this Division 24 through or by
means of its own officers, agents and employees or by contracts with
corporations, firms or individuals. (f) do all acts and things necessary or convenient to carry out the
powers expressly given in this Division 24. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑24‑3)(from Ch. 24, par. 11‑24‑3) Sec. 11‑24‑3. Except in pursuance of any contract or agreement theretofore
entered into by and between any municipality and any Federal Agency, no
city specified in Section 11‑24‑2 shall borrow any money or deliver any
bonds pursuant to the provisions of this Division 24 after June 30, 1937. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 11 Div. 25 heading) DIVISION 25. CONTAGIOUS DISEASE HOSPITALS IN CITIES OF 500,000 OR MORE
(65 ILCS 5/11‑25‑1)(from Ch. 24, par. 11‑25‑1) Sec. 11‑25‑1. The corporate authorities of any city with a population of
500,000 or more may establish, erect, and maintain hospitals, within or
without the corporate limits of the city, for the segregation or treatment
of inhabitants of the city suffering from any contagious or communicable
disease. These hospitals are subject to supervision by the board of health
of the city. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑25‑2)(from Ch. 24, par. 11‑25‑2) Sec. 11‑25‑2. Every specified city which establishes such a hospital may
charge to and collect from any person, who is able to pay, reasonable
compensation for occupancy, nursing, care, medicines, or attendance, and
may extend these privileges free of charge to persons who are unable to pay
for them. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑25‑3)(from Ch. 24, par. 11‑25‑3) Sec. 11‑25‑3. Every specified city may accept donations of money, personal
property, or real estate for the benefit of such a hospital, to be held,
when accepted, according to the terms of the deed, gift or
legacy
of the property. (Source: P.A. 83‑388)
(65 ILCS 5/11‑25‑4)(from Ch. 24, par. 11‑25‑4) Sec. 11‑25‑4. Every specified city may issue its bonds from time to time
in anticipation of its revenue from its contagious or communicable disease
hospitals. These bonds may be authorized by an ordinance of the corporate
authorities and may be issued in one or more series, may bear such dates,
mature at such times, not exceeding 20 years from their respective dates,
bear interest at such rates not exceeding the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, payable semiannually, be in such denominations, be in such form,
either coupon or registered, be executed in such manner, be payable in such
medium of payment, at such places, be subject to such terms of redemption,
with or without premium, and be declared or become due before the maturity
date, as the ordinance may provide. These bonds may be issued and sold or
pledged without submission thereof to the electors of the city as provided
by Sections 8‑4‑1 and 8‑4‑2. These bonds may be repurchased by the
municipality out of any available funds at a price not to exceed the
principal amount thereof and accrued interest, and all bonds so repurchased
shall be cancelled. Pending the preparation or execution of definitive
bonds, interim receipts or certificates or temporary bonds may be delivered
to the purchasers or pledgees of the bonds. The bonds bearing the
signatures of officers in office on the date of the signing thereof are
valid and binding obligations notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose signatures
appear thereon have ceased to be officers. No holder of any bond issued
under this section has the right to compel any exercise of the taxing power
of the municipality to pay the bond or the interest thereon. Each bond
issued under this section shall recite in substance that the bond,
including the interest thereon, is payable from the revenue pledged to the
payment thereof and that the bond does not constitute a debt of the
municipality issuing it. With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts. The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit. (Source: P.A. 86‑4.)
(65 ILCS 5/11‑25‑5)(from Ch. 24, par. 11‑25‑5) Sec. 11‑25‑5. When revenue bonds are issued under Section 11‑25‑4, the
entire revenue received from the operation of the specified hospitals,
shall be deposited in a separate fund which shall be used only in paying
the cost of maintenance and operation thereof and the principal and
interest of the revenue bonds issued under Section 11‑25‑4. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑25‑6)(from Ch. 24, par. 11‑25‑6) Sec. 11‑25‑6. Every specified city may secure grants and loans, or either,
from the United States government, or any agency thereof, for financing the
establishment and construction of any hospital, or any part thereof,
authorized by Section 11‑25‑1. For these purposes, the municipality has the
power to issue and sell or pledge to the United States government, or any
agency thereof, all or any part of the revenue bonds authorized by Section
11‑25‑4, and to execute contracts and other documents and do all things
that may be required by the United States government, or any agency
thereof. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 11 Div. 26 heading) DIVISION 26. MATERNITY HOSPITALS IN MUNICIPALITIES OF 500,000 OR MORE
(65 ILCS 5/11‑26‑1)(from Ch. 24, par. 11‑26‑1) Sec. 11‑26‑1. The corporate authorities of any municipality with a
population of 500,000 or more may establish, erect, and maintain maternity
or lying‑in hospitals, dispensaries, and other auxiliary institutions
connected therewith where female inhabitants of the municipality may be
received, cared for, or treated during pregnancy or during or after
delivery, without license therefor from or regulation thereof by the State
Department of Public Health or the State Department of Public Welfare in
accordance with the Hospital Licensing Act, approved July 1, 1953, as
heretofore and hereafter amended. These hospitals, dispensaries, and
auxiliary institutions are subject to supervision by the board of health of
the municipality. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑26‑2)(from Ch. 24, par. 11‑26‑2) Sec. 11‑26‑2. Every specified municipality which establishes such a
hospital, dispensary, or other auxiliary institution has the power to
charge to and collect from any person, who is able to pay, reasonable
compensation for occupancy, nursing, care, medicines, or attendance, and
may extend these privileges free of charge to persons who are unable to pay
for them. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑26‑3)(from Ch. 24, par. 11‑26‑3) Sec. 11‑26‑3. Every specified municipality has the power to accept
donations of money, personal property, or real estate for the benefit of
such a hospital, dispensary, or other auxiliary institution, to be held,
when accepted, according to the terms of the deed, gift or
legacy
of the property. (Source: P.A. 83‑388.)
(65 ILCS 5/11‑26‑4)(from Ch. 24, par. 11‑26‑4) Sec. 11‑26‑4. Every specified municipality may issue its bonds from time
to time in anticipation of its revenue from its maternity or lying‑in
hospitals, dispensaries, and other auxiliary institutions. These bonds may
be authorized by an ordinance of the corporate authorities and may be
issued in one or more series, may bear such dates, mature at such times,
not exceeding 20 years from their respective dates, bear interest at such
rates 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, be in such denominations, be in such form, either coupon or
registered, be executed in such manner,
be payable in such medium of payment, at such places, be subject to such
terms of redemption, with or without premium, and be declared or become due
before the maturity date, as the ordinance may provide. These bonds may be
repurchased by the municipality out of any available funds at a price not
to exceed the principal amount thereof and accrued interest, and all bonds
so repurchased shall be cancelled. Pending the preparation or execution of
definitive bonds, interim receipts or certificates or temporary bonds may
be delivered to the purchasers or pledgees of the bonds. The bonds bearing
the signatures of officers in office on the date of the signing thereof are
valid and binding obligations notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose signatures
appear thereon have ceased to be officers. No holder of any bond issued
under this section has the right to compel any exercise of the taxing power
of the municipality to pay the bond or the interest thereon. Each bond
issued under this section shall recite in substance that the bond,
including the interest thereon, is payable from the revenue pledged to the
payment thereof and that the bond does not constitute a debt of the
municipality issuing it. With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, 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 Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid because of any provision of this Act that may appear to be
or to have been more restrictive than those Acts. The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit. (Source: P.A. 86‑4.)
(65 ILCS 5/11‑26‑5)(from Ch. 24, par. 11‑26‑5) Sec. 11‑26‑5. When revenue bonds are issued under Section 11‑26‑4, the
entire revenue received from the operation of the specified hospitals,
dispensaries, and other auxiliary institutions shall be deposited in a
separate fund which shall be used only in paying the cost of maintenance
and operation thereof and the principal and interest of the revenue bonds
issued under Section 11‑26‑4. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑26‑6)(from Ch. 24, par. 11‑26‑6) Sec. 11‑26‑6. Every specified municipality has the power to secure grants
and loans, or either, from the United States government, or any agency
thereof, for financing the establishment and construction of any hospital,
dispensary, or other auxiliary institution, or any part thereof, authorized
by Section 11‑26‑1. For these purposes, the municipality has the power to
issue and sell or pledge to the United States government, or any agency
thereof, all or any part of the revenue bonds authorized by Section 11‑26‑1
and to execute contracts and other documents and do all things that may be
required by the United States government, or any agency thereof. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 11 Div. 27 heading) DIVISION 27. CONTRIBUTIONS TO NON‑SECTARIAN HOSPITALS BY CITIES
(65 ILCS 5/11‑27‑1)(from Ch. 24, par. 11‑27‑1) Sec. 11‑27‑1. Any city may contribute such sums of money toward erecting,
building, maintaining, and supporting any non‑sectarian public hospital
located within its limits as the city council deems proper. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 11 Div. 28 heading) DIVISION 28. EMINENT DOMAIN TO OBTAIN CITY HOSPITAL SITE
(65 ILCS 5/11‑28‑1)(from Ch. 24, par. 11‑28‑1) Sec. 11‑28‑1. Whenever a city needs a lot or parcel of land as a site for a
building to be erected for any hospital established and supported by the
city, and the city cannot agree with the owners thereof upon the
compensation therefor, the city has the power to proceed to have the
compensation determined in the manner provided by law for the exercise of the right
of eminent domain under Article VII of the Code of Civil Procedure,
as heretofore and hereafter
amended. (Source: P.A. 82‑783.)
(65 ILCS 5/Art. 11 Div. 29 heading) DIVISION 29. CITY AND VILLAGE TUBERCULOSIS SANITARIUMS
(65 ILCS 5/11‑29‑1)(from Ch. 24, par. 11‑29‑1) Sec. 11‑29‑1. The corporate authorities of every city and village in
the manner provided in this Division 29, may establish and maintain a
program for the care and treatment of persons afflicted with
tuberculosis, including the establishment and maintenance of a public
sanitarium and branches, dispensaries, and other auxiliary institutions
connected therewith within or without the corporate limits of the city
or village, for the use and benefit of the inhabitants of the city or
village for the treatment and care of persons afflicted with
tuberculosis. When, in cities and villages which have a population of
less than 500,000 inhabitants and which maintain a public sanitarium
under the provisions of this Division 29, part of the facilities of the
sanitarium are vacant and therefor not needed for the care and treatment
of tuberculosis inhabitants of such city or village, such vacant
facilities may be used for the care and treatment of such inhabitants
who are convalescent or chronically ill, or both, provided such
facilities shall be separate so that tuberculosis patients shall be
isolated from convalescent or chronically ill patients. When a program for the care and treatment of persons afflicted with
tuberculosis has been established by a vote of the people in the manner
provided in this Division 29 or in the manner provided by law at the
time of its establishment, the corporate authorities of such a city or
village may levy a tax annually thereafter, without submitting the
question to a vote of the people, not to exceed .025% of the value, as
equalized or assessed by the Department of Revenue, on
all taxable property in such a city or village with a population of less
than 75,000 and not to exceed .05% of the value, as equalized or
assessed by the Department of Revenue, on all taxable
property in such a city or village, with a population of 75,000 or more
but not exceeding 500,000 and not to exceed a rate that will produce,
when extended, the sum of $9,000,000 per year on all taxable property in
such city or village with a population of more than 500,000. Upon the
filing in the office of the county clerk of a duly certified copy of an
ordinance levying such tax the county clerk shall extend such tax in the
manner provided for the extension of city and village taxes. All taxes specified in this Section or in Sections 11‑29‑17 through
11‑29‑22, shall be levied and collected in like manner with the general
taxes of the city or village and shall be known as tuberculosis
sanitarium fund. These taxes shall be in addition to all other taxes
which the city or village is now or hereafter may be authorized to levy
upon all property within the city or village, and shall be in addition,
to the amount authorized to be levied for general purposes as provided
by Section 8‑3‑1. The corporate authorities of every city or village which levies an
annual tax for the establishment and maintenance of a program for the
care and treatment of persons afflicted with tuberculosis shall
appropriate from the tuberculosis sanitarium fund and include in the
annual appropriation ordinance such sums of money as may be deemed
necessary to defray all necessary expenses and liabilities in carrying
out the program for the care and treatment of persons afflicted with
tuberculosis. (Source: P.A. 81‑1509.)
(65 ILCS 5/11‑29‑2)(from Ch. 24, par. 11‑29‑2) Sec. 11‑29‑2. Whenever 100 electors of a city or village present a
petition to the municipal clerk of the city or village, asking
that an annual tax be levied for the establishment and maintenance of a
program for the care and treatment of persons afflicted with
tuberculosis in the city or village,
the municipal clerk shall certify the proposition to the proper election
authority for submission at an election in accordance with the general election
law. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall an annual tax be levied in the city (or village) of .... YES for the care and treatment ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ of persons afflicted with NO tuberculosis? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If the majority of all the votes cast upon the proposition is in
favor of the tax levy, the corporate authorities thereafter shall levy
annually a tax at not to exceed the respective rates and amounts
prescribed in Section 11‑29‑1, unless the tax levy is increased as
provided in Sections 11‑29‑17 through 11‑29‑22. (Source: P.A. 81‑1489.)
(65 ILCS 5/11‑29‑3)(from Ch. 24, par. 11‑29‑3) Sec. 11‑29‑3. When the corporate authorities of a city or village of less
than 500,000 population have decided to establish and maintain a program
for the care and treatment of persons afflicted with tuberculosis under
this Division 29, the mayor or president, with the approval of the
corporate authorities, shall appoint a board of 3 directors, one of whom in
municipalities having a board of health or a public health board shall be
from that board, and the other 2 from the citizens at large. In such a city
or village that has a board of 3 directors in existence on the effective
date of this amendatory Act of 1965, or in such a city or village
establishing a program for the care and treatment of persons afflicted with
tuberculosis after such effective date, the mayor or president, with the
approval of the corporate authorities may appoint 2 additional directors.
In a city or village of more than 500,000 population which has established
and maintains a program for the care and treatment of persons afflicted
with tuberculosis under this Division 29, the mayor or president, with the
approval of the corporate authorities, shall appoint a board of 5
directors, one of whom in municipalities having a board of health or a
public health board, shall be from that board, and the other 4 from the
citizens at large. The directors shall be chosen with reference to their
special fitness for that office. (Source: Laws 1968, p. 82.)
(65 ILCS 5/11‑29‑4)(from Ch. 24, par. 11‑29‑4) Sec. 11‑29‑4. Directors; term of office; removal. (a) The directors
appointed in a city or village of less than
500,000 population shall hold office one for one year, one for 2 years, and
one for 3 years from the first day of July following their appointment, and
at their first regular meeting shall cast lots for the respective terms.
The 2 additional directors appointed to a board of 3 directors in existence
on the effective date of this amendatory Act of 1965 shall hold office one
until July 2, 1967, and the other until July 2, 1968. The 2
additional
directors initially appointed to a board established after that
effective date shall hold office one for one year and one for 2 years.
Annually thereafter, the mayor or president before the first day of July
each year shall appoint, as before, one director to take the place of each
retiring director. This appointee shall hold office for 3 years and until
his or her successor is appointed. (b) In a city or village of 500,000 or more
population that has established and maintains a program for the care and
treatment of persons afflicted with tuberculosis, the directors appointed
shall hold office one for one year, one for 2 years, one for 3 years, one
for 4 years, and one for 5 years from the first day of July following their
appointment. Annually thereafter, the mayor or president before the first
day of July each year shall appoint, as before, one director to take
the
place of the retiring director. This appointee shall hold office for 5
years and until his successor is appointed. The mayor or president may
remove any director for misconduct or neglect of duty in the manner
provided in Section 3.1‑35‑10. (Source: P.A. 87‑1119.)
(65 ILCS 5/11‑29‑5)(from Ch. 24, par. 11‑29‑5) Sec. 11‑29‑5. 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 to be used in the program for the care and
treatment of persons afflicted with tuberculosis. (Source: Laws 1968, p. 82.)
(65 ILCS 5/11‑29‑6)(from Ch. 24, par. 11‑29‑6) Sec. 11‑29‑6. Immediately after their appointment the directors shall meet
and organize by the election of one of their number as president and one as
secretary and by election of such other officers as they may deem
necessary. They shall adopt such by‑laws, rules and regulations for their
own guidance in carrying out the program for the care and treatment of
persons afflicted with tuberculosis and for the operation of the sanitarium
and the branches, dispensaries, and auxiliary institutions and activities
consistent with this Division 29 and the ordinances of the city or village
except that in cities of 500,000 or more population, the board of directors
shall be governed by the provisions of Division 10 of Article 8 in relation
to the letting of contracts and purchase orders in carrying out the program
for the care and treatment of persons afflicted with tuberculosis and of
any such sanitarium, its branches, dispensaries, auxiliary institutions and
activities, and in relation to the powers, functions and authority of the
purchasing agent, the board of standardization and corporate authorities of
such cities. They shall have the exclusive control of all money collected to the
credit of the tuberculosis sanitarium fund. All money received in carrying
out the program for the care and treatment of persons afflicted with
tuberculosis shall be deposited to the credit of the tuberculosis
sanitarium fund. All money in such fund received from taxes authorized to
be levied by this Division 29 shall be used exclusively to provide care and
treatment for tuberculosis patients. The money in such fund received on
account of care and treatment provided for convalescent or chronically ill
patients or both may be used to provide care and treatment for such
patients. It shall be drawn upon by the proper municipal officer upon the
properly authenticated vouchers of the sanitarium board except that in
cities of 500,000 or more population, vouchers drawn upon such fund
pursuant to the provisions of Division 10 of Article 8 may be accepted by
the city comptroller in payment for purchases made for or services rendered
in the care and treatment of persons afflicted with tuberculosis, without
authentication by the sanitarium board, if the board, or the officer or
employee thereof duly certified under the provisions of Division 10 of
Article 8 certifies that the materials, supplies, commodities or services
to which such vouchers pertain have been received. The board has the power to purchase or lease ground within or without
the corporate limits of the city or village, and to purchase, lease, or
erect appropriate buildings for the use of the sanitariums, branches,
dispensaries, and other auxiliary institutions and activities connected
therewith with the approval of the corporate authorities. It has the
exclusive control of the construction of the sanitarium building or other
buildings appropriate for its branches, dispensaries, and other auxiliary
institutions and activities in connection with the institution, and of the
supervision, care and custody of the grounds, rooms, or buildings
constructed, leased or purchased for that purpose. The board has the power
to appoint suitable superintendents or matrons or both and all necessary
assistants and other employes, to fix their compensation, and to remove
such appointees. The board in general shall carry out the spirit and intent
of this Division 29 in establishing and maintaining a program for the care
and treatment of persons afflicted with tuberculosis. At least one of the
directors shall visit and examine the sanitarium at least twice each month
and make monthly reports of its condition to the corporate authorities. In any city which has adopted or hereafter adopts Division 1 of Article
10, all appointments with the exception of superintendents and the
removal of matrons and other assistants shall be made pursuant to the
provisions of that civil service law and not otherwise. But where in any
city persons are occupying any of these positions pursuant to appointment
and certification thereon by the civil service commission of the city made
after examination, those persons shall hold their positions as though duly
appointed after examination under the provisions of the civil service law.
All other matrons and assistants not so appointed after examination shall
have the status of temporary appointees under the civil service law. All
officers and employes engaged in providing care and treatment to persons
afflicted with tuberculosis shall be deemed officers or employes, as the
case may be of the city or village which established the tuberculosis care
and treatment program. (Source: Laws 1968, p. 82.)
(65 ILCS 5/11‑29‑7)(from Ch. 24, par. 11‑29‑7) Sec. 11‑29‑7. The board of directors may adopt and equip a sanitarium
building or buildings or part thereof to fit the same for the
accommodation, reception, detention, care and treatment of persons
afflicted with tuberculosis and who require care and treatment therefor who
may be committed to, placed in or directed to be received by, the
sanitarium or the managing officer thereof for care and treatment by or
under any lawful authority or process. The board of directors may receive,
detain, care for and treat such afflicted persons in the sanitarium or any
sanitarium building in pursuance of and subject to such authority or
process, but in no event after a cure has been effected. The board of
directors may authorize the managing officer, superintendents, assistants
and other employees and appointees to do such things as may be necessary or
helpful in receiving, detaining and providing care and treatment for such
persons. However, no such persons afflicted with tuberculosis shall be
received, given care and treatment, or kept in the sanitarium or any of the
sanitarium buildings if there shall be any inhabitants of the city or
village afflicted with tuberculosis in need of care and treatment in the
sanitarium. Any commitment, placing or direction to be received, above set
forth, shall be in accordance with due process of law. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑29‑8)(from Ch. 24, par. 11‑29‑8) Sec. 11‑29‑8. Every sanitarium board established under this Act shall
provide sanitarium care and clinical and follow‑up services free for the
benefit of the inhabitants of the city or village which established it,
if they are afflicted with tuberculosis. They shall be entitled to
occupancy, nursing, care, medicines, and attendance according to the
rules and regulations prescribed by the board of directors. The board of
directors may adopt reasonable rules and regulations concerning the use
of the facilities established pursuant to this Act in order to render
the use of these facilities of the greatest benefit to the greatest
number, and the board may exclude from the use of the sanitarium those
inhabitants and other persons who wilfully violate the board's rules and
regulations. The board may not, however, prescribe rules and regulations
which conflict with Section 11‑29‑8.1 of this Act, and a determination
of whether a person is an inhabitant or resident of the city or village
for purposes of this Act shall be based on Section 11‑29‑8.1. Except as
authorized and permitted by Section 11‑29‑7, no person so afflicted with
tuberculosis may be compelled to enter the sanitarium, or any of its
branches, dispensaries, or other auxiliary institutions without first
giving his written consent, or in case of a minor or one under legal
disability, the written consent of the parents or, guardian, as the case may be. The board upon request or by consent of persons afflicted, or the
legal guardians, or parents thereof, shall extend the
benefits and privileges of the institution, under proper rules and
regulations, into the homes of the persons afflicted with tuberculosis,
shall furnish nurses, instruction, medicines, attendance, and all other
aid necessary to effect a cure, and shall do all things in and about the
treatment and care of persons so afflicted which will have a tendency to
effect a cure of the persons afflicted with tuberculosis and to
eradicate tuberculosis in that city or village, including the discovery
of undiagnosed tuberculosis. No person shall be compelled to undergo an
examination or test for tuberculosis if he or she objects thereto on the ground
that it is contrary to his or her religious convictions, unless there is
probable cause to suspect that he or she is infected with tuberculosis in a
communicable stage. Boards of directors shall provide out‑patient clinical and follow‑up
services to tuberculosis patients, in accordance with minimum standards
prescribed therefor, by the director of the Department of Public Health. The board of directors may make such arrangements and agreements with
public or private health agencies for cooperation and assistance in
providing case‑finding services and out‑patient clinical and follow‑up
services as it considers necessary or desirable. The board may extend the privileges and use of the sanitarium and
treatment to afflicted persons who reside outside of the city or
village, upon such terms and conditions as the board may prescribe by
its rules and regulations consistent with Section 11‑29‑8.1. In cities and villages which have a population of less than 500,000
inhabitants, the board may also extend the privileges and use of the
sanitarium to the inhabitants of such city or village who are afflicted
with chronic pulmonary diseases other than tuberculosis, and inhabitants
who are convalescent or chronically ill, or both, and provide care and
treatment for such persons when part of the facilities of the sanitarium
are vacant and not needed for care and treatment of tuberculosis
inhabitants of such city or village, upon such terms and conditions as
the board may prescribe by its rules and regulations, provided such
facilities shall be separate so that tuberculosis patients shall be
isolated from those afflicted with chronic pulmonary diseases other than
tuberculosis, and those who are convalescent or chronically ill
patients. However, if care and treatment is provided for such persons,
the charge for providing such care and treatment shall not be less than
the actual cost of providing such care and treatment. The board may use funds secured from taxes levied under the
provisions of this Act in providing sanitarium care of tuberculosis
patients in private or public sanitariums. (Source: P.A. 83‑706.)
(65 ILCS 5/11‑29‑8.1)(from Ch. 24, par. 11‑29‑8.1) Sec. 11‑29‑8.1. For the purposes of this Act, a person is a resident of and
entitled to receive the benefits provided for in Section 11‑29‑8 from the
city or village (a) in which he has resided for at least 3 months or who has
demonstrated the intent to become a resident at the time he is first
diagnosed as having tuberculosis, or suspected of having tuberculosis, for
the period from the time of that diagnosis until his case becomes inactive
or he has resided outside of that city or village for 6 months, whichever
first occurs; (b) in which he has resided for at least 6 months with a known case of
tuberculosis after moving from the city or village where the case was first
diagnosed; or (c) in which he has resided for at least 6 months with a known, but
inactive, case of tuberculosis which subsequently is reactivated. The board of directors may provide hospitalization to any person
afflicted with tuberculosis regardless of his residence. A person suffering from tuberculosis who does not meet the residency
requirements under paragraph (a), (b) or (c) of this Section may be
hospitalized in a tuberculosis sanitarium maintained by the Department of
Public Health. The board of directors shall provide out‑patient diagnostic, treatment
and observation services to all persons residing in its city or village
regardless of the length of time of that residence. (Source: Laws 1968. p. 82.)
(65 ILCS 5/11‑29‑8.2)(from Ch. 24, par. 11‑29‑8.2) Sec. 11‑29‑8.2. "Person afflicted with tuberculosis", for the purposes of
this Act, means any individual who is diagnosed as suffering from clinical
tuberculosis, or any individual who, in the opinion of the board of
directors, is suspected of suffering from clinical tuberculosis, and for
whom hospitalization is deemed necessary to establish the diagnosis. (Source: Laws 1968, p. 82.)
(65 ILCS 5/11‑29‑9)(from Ch. 24, par. 11‑29‑9) Sec. 11‑29‑9. When such a sanitarium is established, the physicians,
nurses, attendants, the persons sick therein, and all persons approaching
or coming within the limits of the sanitarium or the grounds thereof, and
all furniture and other articles used or brought there, shall be subject to
such rules and regulations as the board of directors may prescribe. These
rules and regulations shall extend to all branches, dispensaries, and other
auxiliary institutions located within or without the corporate limits of
the city or village and to all employees therein and to all employees sent
to the homes of the afflicted as provided for in Section 11‑29‑8. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑29‑10)(from Ch. 24, par. 11‑29‑10) Sec. 11‑29‑10. The board of directors, in the name of the city or village,
may receive from any person any donation of money or property. The board
shall pay over to the municipal treasurer all money thus received as often
as once in each month and shall take the treasurer's receipt therefor. At
the next regular meeting of the corporate authorities, the board shall
report to the corporate authorities the names of the persons from whom any
donation has been received and the amount and nature of the money or
property so received from each and the date when received. Any person desiring to make any donation or legacy of any
money or property to be used for the care and treatment of persons
afflicted with tuberculosis may vest the title to the money or property in
the board of directors created under this Division 29. That board shall
hold and control this money or property, when accepted, according to the
terms of the donation or legacy and shall be
a trustee of the
money and property. (Source: P.A. 83‑388.)
(65 ILCS 5/11‑29‑11)(from Ch. 24, par. 11‑29‑11) Sec. 11‑29‑11. On or before the second Monday in June of each year, the
board of directors shall make an annual report to the corporate authorities
stating (1) the condition of their trust on the first day of June of that
year, (2) the various sums of money received from the tuberculosis
sanitarium fund and from other sources and how that money has been expended
and for what purposes, (3) the number of patients, and (4) such other
statistics, information, and suggestions as they may deem of general
interest. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑29‑12)(from Ch. 24, par. 11‑29‑12) Sec. 11‑29‑12. All reputable physicians shall have equal privileges in
treating patients in such a sanitarium. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑29‑13)(from Ch. 24, par. 11‑29‑13) Sec. 11‑29‑13. Whenever the board of directors recommends, in writing, to
the corporate authorities, the discontinuance of any public tuberculosis
sanitarium, stating in its report the reasons therefor, the corporate
authorities may pass an ordinance for the discontinuance of that public
tuberculosis sanitarium. A board of directors, upon whose recommendation
the corporate authorities have closed the sanitarium, shall continue in
existence and provide out‑patient clinical and follow‑up services to the
residents of the city or village. The board of directors shall make such
arrangements as are necessary to secure in‑patient care for residents of
the city or village in other private or public sanitariums of this State.
Any of the sanitarium equipment, facilities and other property which is
required or useful in providing those services may be retained by the board
of directors and applied to that use. The corporate authorities may use the
remaining facilities for other city or village purposes, may lease them to
public or private agencies, or may sell them. If the tuberculosis
sanitarium facilities are leased to a public or private agency other than
the city or village or are sold, then such leasing or sale must be for a
consideration at least equal to the fair market value or fair rental value.
If the corporate authorities use such facilities for other city or village
purposes, then the use shall be for a consideration acceptable to the board
of directors. Proceeds from the use, leasing or sale of sanitarium
facilities under this Section shall be paid into the Tuberculosis
Sanitarium Fund of the city or village for use as provided in this Act. The
proceeds paid into the Tuberculosis Sanitarium Fund shall be used to pay
the costs of providing the out‑patient clinical and follow‑up services,
including, but not limited to, the construction and maintenance of an
out‑patient clinic and acquisition of equipment therefor. Any balance of
the proceeds from the disposition of the sanitarium facilities remaining
after payment of the costs of out‑patient clinical and follow‑up services
under this Section may be used to reduce the rate of tax necessary to
provide this in‑patient care and the out‑patient clinical and follow‑up
services. (Source: Laws 1968, p.82.)
(65 ILCS 5/11‑29‑14)(from Ch. 24, par. 11‑29‑14) Sec. 11‑29‑14. Whenever the board of directors recommends, in
writing, to the corporate authorities, the discontinuance of a program
for the care and treatment of persons afflicted with tuberculosis, the
corporate authorities may pass an ordinance for the discontinuance of
that program. If such an ordinance is passed, the question whether the
program for the care and treatment of persons afflicted with
tuberculosis who reside in the city or village shall be discontinued
shall be certified by the clerk and submitted to the electors of the city
or village by the proper election authority at an election in accordance
with the general election law. The ordinance shall become effective if the
discontinuance is approved by a majority of the electors voting upon the
question. Alternatively, the corporate authorities may discontinue the program by
adopting a resolution to discontinue the program, if: (a) the municipality is located in a county of less than 500,000 population; (b) there also exists in the county a tuberculosis sanitarium district
established under "An Act to provide for the creation and management of
tuberculosis sanitarium districts", approved May 21, 1937, as amended; (c) there exists a county or multiple‑county health department serving
the entire county and the board of health of that department has affirmed
its willingness to assume responsibility for tuberculosis care and
treatment programs by adopting a resolution by a majority vote and
transmitting a copy thereof to the corporate authorities and the sanitarium
board; and (d) the resolution adopted by the corporate authorities provides that: (1) all assets and liabilities of the sanitarium board be transferred to
the county board of health; and (2) the board of health assume responsibility for the outpatient care and
treatment of individuals diagnosed as having tuberculosis and for follow‑up
and prophylactic treatment of persons who have had contact with a diagnosed
case of tuberculosis consistent with the rules and regulations of the
Illinois Department of Public Health, but not be responsible for inpatient
treatment. (Source: P.A. 86‑619.)
(65 ILCS 5/11‑29‑15)(from Ch. 24, par. 11‑29‑15) Sec. 11‑29‑15. The question shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the care and treatment of persons afflicted with YES tuberculosis of the city (or village) of ............. be ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ discontinued as provided in ordinance NO number ....? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ (Source: P.A. 82‑783.)
(65 ILCS 5/11‑29‑16)(from Ch. 24, par. 11‑29‑16) Sec. 11‑29‑16. Whenever an ordinance for discontinuance is made effective
by a vote, as provided in Section 11‑29‑14, the corporate authorities of
the city or village, after discharging all financial obligations of the
tuberculosis sanitarium, by an appropriate ordinance may transfer any money
then in the tuberculosis sanitarium fund from that fund into lawful
appropriations of the city or village. (Source: Laws 1961, p. 576.)
(65 ILCS 5/11‑29‑17)(from Ch. 24, par. 11‑29‑17) Sec. 11‑29‑17. Where a program for the care and treatment of persons
afflicted with tuberculosis, established under the provisions of this
Division 29 is being maintained in any city or village with a population
of less than 75,000, the tax levy for the support of that program may be
increased to a sum not to exceed .0333% of the value of the property
within the municipality, as equalized or assessed by the Department of
Revenue, and when so increased shall be levied and
collected as provided in this Division. (Source: P.A. 81‑1509.)
(65 ILCS 5/11‑29‑18)(from Ch. 24, par. 11‑29‑18) Sec. 11‑29‑18. Where a program for the care and treatment of persons
afflicted with tuberculosis, established under the provisions of this
Division 29, is being maintained in any city or village with a
population of not less than 75,000 and not to exceed 500,000, the tax
levy for the support of that program may be increased to a sum not to
exceed .075% of the value of the property within the municipality, as
equalized or assessed by the Department of Revenue, as
provided in Sections 11‑29‑19 through 11‑29‑22, and when so increased
shall be levied and collected as provided in this Division 29. (Source: P.A. 81‑1509.)
(65 ILCS 5/11‑29‑19)(from Ch. 24, par. 11‑29‑19) Sec. 11‑29‑19. The board of directors shall determine the necessity of such
an increased tax levy. When an increased tax levy is deemed necessary the
board shall recommend in writing to the corporate authorities the necessity
of such an increased tax levy and the amount of the tax desired to be
levied. (Source: Laws 1968, p. 82.)
(65 ILCS 5/11‑29‑20)(from Ch. 24, par. 11‑29‑20) Sec. 11‑29‑20. Whenever the board of directors recommends in writing an
increased tax levy to the corporate authorities, the corporate authorities
shall pass an ordinance for the levy of the increased tax so recommended. (Source: Laws 1968, p. 82.)
(65 ILCS 5/11‑29‑21)(from Ch. 24, par. 11‑29‑21) Sec. 11‑29‑21. Whenever any ordinance is passed to increase the tax
levy for any program for the care and treatment of persons afflicted
with tuberculosis, the question whether the tax levy shall be so
increased shall be certified by the clerk and submitted to the electors
of the city or village at an election in accordance with the general election
law. The ordinance shall become effective
if the increase is approved by a majority of the electors voting upon
the question. (Source: P.A. 81‑1489.)
(65 ILCS 5/11‑29‑22)(from Ch. 24, par. 11‑29‑22) Sec. 11‑29‑22. The question shall be in
substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the tax levy for the care and treatment of persons YES afflicted with tuberculosis of the city (or village) of .... ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ be increased to .........% as provided in ordinance number NO ............? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ (Source: P.A. 81‑1489.)
(65 ILCS 5/Art. 11 Div. 29.1 heading) DIVISION 29.1. CARE OF MENTALLY DEFICIENT PERSONS
(65 ILCS 5/11‑29.1‑1)(from Ch. 24, par. 11‑29.1‑1) Sec. 11‑29.1‑1. As used in this Division, "municipality" means any
city, village or incorporated town; and "municipal" refers to any such
municipality. Any municipality may provide facilities or services for
the benefit of its mentally deficient residents who are not eligible to
participate in any such program conducted under Article 14 of The School
Code, or may contract therefor with any privately or publicly operated
entity which provides facilities or services either in or without such
municipality. For such purpose, the corporate authorities may levy an annual tax of
not to exceed .1% upon all of the taxable property in the municipality
at the value thereof, as equalized or assessed by the Department of
Revenue. Such tax shall be levied and collected in the
same manner as other municipal taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of municipal
taxes but shall be in addition thereto and in excess thereof. When
collected, such tax shall be paid into a special fund in the municipal
treasury, to be designated as the "Mentally Deficient Persons' Fund,"
and shall be used only for the purpose specified in this Section. (Source: P.A. 81‑1509.)
(65 ILCS 5/11‑29.1‑2)(from Ch. 24, par. 11‑29.1‑2) Sec. 11‑29.1‑2. Whenever any municipality first levies the tax
authorized in Section 11‑29.1‑1, it shall cause the ordinance levying the
tax to be published in one or more newspapers published in the municipality
within 10 days after the levy is made. If no newspaper is published in the
municipality, the ordinance shall be published in a newspaper having
general circulation within the municipality. The publication of the
ordinance shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the municipality; (2) the time
within which the petition must be filed; and (3) the date of the
prospective referendum. The municipal clerk shall provide a petition form
to any individual requesting one. Any taxpayer in such municipality may,
within 30 days after such publication, file with the municipal clerk a
petition signed by a number of the voters of the
municipality equal to 10% or more of the registered voters of the municipality
requesting the submission to a referendum of the
following proposition: "Shall (insert name) be authorized to levy a tax for (state purpose)
in excess of the rate for other municipal purposes but not in excess of
.1%?" The municipal clerk shall certify the proposition for submission by the
proper election authority at an election in accordance with the general
election law. If a majority of the voters voting on the proposition vote in favor
thereof or if no petition is filed pursuant to this Section 11‑29.1‑2,
such tax levy shall be authorized. If a majority of the vote is against
such proposition, such tax levy shall not be authorized. (Source: P.A. 86‑1253; 87‑767.)
(65 ILCS 5/11‑29.1‑3)(from Ch. 24, par. 11‑29.1‑3) Sec. 11‑29.1‑3. When any municipality has authority to levy a tax for the
purpose of this Division 29.1, the mayor or president of such municipality
shall appoint a board of 3 directors who shall administer this Division
29.1. The original appointees shall be appointed for terms expiring,
respectively, on June 30 in the first, second and third years following
their appointment as designated by the mayor or president. All succeeding
terms shall be for 3 years and appointments shall be made in like manner.
Vacancies shall be filled in like manner for the balance of the unexpired
term. Each director shall serve until his successor is appointed. Directors
shall serve without compensation but shall be reimbursed for expenses
reasonably incurred in the performance of their duties. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑4)(from Ch. 24, par. 11‑29.1‑4) Sec. 11‑29.1‑4. The directors shall meet in July, annually, and elect one
of their number as president and one as secretary, and shall elect such
other officers as they deem necessary. They shall adopt such rules for the
administration of this Division 29.1 as may be proper and expedient. They
shall report to the mayor or president, from time to time, a detailed
statement of their administration. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑5)(from Ch. 24, par. 11‑29.1‑5) Sec. 11‑29.1‑5. The board of directors may accept any donation of property
for the purpose specified in Section 11‑29.1‑1, and shall pay over to the
municipal treasurer any money so received, within 30 days of the receipt
thereof. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑6)(from Ch. 24, par. 11‑29.1‑6) Sec. 11‑29.1‑6. The board of directors may impose a maintenance charge upon
the estate of any mentally deficient person receiving the benefits of the
facilities or services prescribed in Section 11‑29.1‑1. If the estate of
such person is insufficient, the parent or parents of such person are
liable for the payment of the amount due. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑7)(from Ch. 24, par. 11‑29.1‑7) Sec. 11‑29.1‑7. The rate at which the sums to be so charged as provided in
Section 11‑29.1‑6 shall be calculated by the board of directors is the
average per capita operating cost for all persons receiving the benefit of
such facilities or services, computed for each fiscal year; provided, that
the board may, in its discretion, set the rate at a lesser amount than such
average per capita cost. Less amounts may be accepted by the board when
conditions warrant such action or when money is offered by persons not
liable under Section 11‑29.1‑6. Any money received pursuant to this Section
11‑29.1‑7 shall be paid into the municipal Mentally Deficient Persons'
Fund. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑8)(from Ch. 24, par. 11‑29.1‑8) Sec. 11‑29.1‑8. The board of directors is authorized to investigate the
financial condition of each person liable under Section 11‑29.1‑6 and is
further authorized to make determinations of the ability of each such
person to pay the sums representing maintenance charges, and for such
purposes to set a standard as a basis of judgment of ability to pay, which
standard shall be recomputed periodically to reflect changes in the cost of
living and other pertinent factors, and to make provisions for unusual and
exceptional circumstances in the application of such standard. The board
may issue to any person liable therefor statements of amounts due as
maintenance charges, requiring payment in such manner as may be arranged,
in an amount not exceeding the average per capita operating cost as
determined under Section 11‑29.1‑7. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑9)(from Ch. 24, par. 11‑29.1‑9) Sec. 11‑29.1‑9. The use of the facilities or services specified in Section
11‑29.1‑1 shall not be limited or conditioned in any manner by the
financial status or ability to pay of any recipient or person responsible.
Records pertaining to the payment of maintenance charges shall not be made
available for inspection, but all such records shall be deemed confidential
and used only when required for the purpose of Section 11‑29.1‑8. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑10)(from Ch. 24, par. 11‑29.1‑10) Sec. 11‑29.1‑10. Any person who has been issued a statement of any sum due
for maintenance charges for a mentally deficient person may petition the
board of directors for a modification thereof, and the board shall provide
for a hearing thereon. The board may, after such hearing, grant such relief
as seems proper. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑11)(from Ch. 24, par. 11‑29.1‑11) Sec. 11‑29.1‑11. Upon request of the board of directors, the attorney for
the municipality in which a person who is liable for payment of maintenance
charges resides shall file suit to collect the amount due. The court may
order the payment of sums due for maintenance for such period or periods as
the circumstances require. Such order may be entered against any or all
such defendants and may be based upon the proportionate ability of each
defendant to contribute to the payment of sums due. Orders for the payment
of money may be enforced by attachment as for contempt against the persons
of the defendants, and in addition as other judgments
for the payment of money, and costs may
be adjudged against the defendants and apportioned among them, but if the
complaint is dismissed the costs shall be borne by the municipality. The provisions of the Civil Practice Law, and
all amendments thereto, shall apply to and govern all actions instituted
under the provisions of this Division 29.1. (Source: P.A. 82‑783.)
(65 ILCS 5/11‑29.1‑12)(from Ch. 24, par. 11‑29.1‑12) Sec. 11‑29.1‑12. Upon the death of a person who is liable for maintenance
charges imposed by Section 11‑29.1‑6 and who is possessed of property, the
executor or administrator of his estate shall ascertain from the board of
directors the extent of such charges. Such claim shall be allowed and paid
as other lawful claims against the estate. (Source: Laws 1963, p. 828.)
(65 ILCS 5/11‑29.1‑13)(from Ch. 24, par. 11‑29.1‑13) Sec. 11‑29.1‑13. The Department of Human Services shall
adopt general rules for the guidance of any board of directors, prescribing
reasonable standards in regard to program, facilities and services for
mentally deficient residents. The Department of Human Services may
conduct such investigation as may be necessary to ascertain compliance with
rules adopted pursuant to this Division 29.1. If any such board of directors fails to comply with such rules, the
Department of Human Services
shall withhold
distribution of any State grant in aid until such time as such board
complies with such rules. (Source: P.A. 89‑507, eff. 7‑1‑97.)
(65 ILCS 5/Art. 11 Div. 29.2 heading) DIVISION 29.2. CONTRACTS WITH COMMUNITY MENTAL HEALTH BOARD
(65 ILCS 5/11‑29.2‑1)(from Ch. 24, par. 11‑29.2‑1) Sec. 11‑29.2‑1. Any city, village or incorporated town may enter into contractual
agreements with any Community Mental Health Board having jurisdiction
within the city, village or incorporated town. Such agreement shall be
written and shall provide for the rendition of service by the Community
Mental Health Board to the residents of such city, village or incorporated
town. For this purpose, the city, village or incorporated town is
authorized to expend its funds and any funds made available to it through
the Federal State and Local Assistance Act of 1972. (Source: P. A. 78‑576.)
(65 ILCS 5/11‑29.3‑1)(from Ch. 24, par. 11‑29.3‑1) Sec. 11‑29.3‑1. It being considered essential to the welfare of any
municipality that decent, safe and sanitary housing be provided for senior
citizens; any such municipality shall have the following powers with respect to
senior citizens housing: (1) To construct, own, manage, acquire, lease,
purchase, reconstruct, improve, or rehabilitate any real estate or personal property.
(2) To employ or contract with others for management. (3) To donate land. (4) To acquire by any means, including eminent
domain, any property deemed necessary and convenient.
(5) To mortgage real and personal property. (6) To borrow money, and secure the payment of such
borrowing by a pledge of revenue.
(7) To guarantee the repayment of money borrowed to
finance any purpose hereunder.
(8) To sell or convey real and personal property
upon such terms as deemed necessary.
(9) To accept grants, contributions, and gifts. (10) To charge rents and fees of residents. (11) To enter into leases. (12) To expend municipal funds in the exercise of
its powers hereunder.
(13) To make all such contracts as may be necessary
in the exercise of its powers hereunder.
Senior citizen housing shall mean housing where at least 50% of the
tenants are intended to be of age 55 or older. After the effective date of this amendatory Act of 1994, any municipality,
except for municipalities with a population in excess of 10,000 located within
a county having a population in excess of 2,000,000, may borrow money or
guarantee the repayment of money after the question has been submitted to the
electors of that municipality and has been approved by a majority of the
electors voting upon that question. The clerk shall certify the proposition of
the corporate authorities to the proper election authority who shall submit the
question at an election in accordance with the general election law. The
proposition shall be in substantially the following form: Shall (name of municipality) be authorized to borrow
$(amount) to provide senior citizen housing under Division 29.3 of the Illinois Municipal Code?
The votes shall be recorded as "Yes" or "No". No municipality with a population in excess of 10,000 located within a county
having a population in excess of 2,000,000 may borrow money or guarantee the
repayment of money unless it adopts an ordinance declaring its intention to do
so and directs that notice of such intention be published at least once in a
newspaper having a general circulation in the municipality. The notice shall
set forth (1) the intention of the municipality to borrow money or guarantee
the repayment of money; (2) the specific number of voters required to sign a
petition requesting that the proposition to borrow money or guarantee the
repayment of money be submitted to the voters of the municipality; (3) the time
within which a petition must be filed requesting the submission of the
proposition; and (4) the date of the prospective referendum. At the time of
publication of the notice and for 30 days thereafter, the Clerk shall provide a
petition form to any person requesting one. If within 30 days after the
publication a petition is filed with the Clerk, signed by not less than 10% of
the voters of the municipality requesting that the proposition to borrow money
or guarantee the repayment of money be submitted to the voters thereof then the
municipality shall not be authorized to so act until the proposition has been
certified to the proper election authorities and has been submitted to and
approved by a majority of the voters voting on the proposition at any
regularly scheduled election. If no such petition is so filed, or if any
and all petitions filed are invalid, the municipality may proceed to borrow
money or guarantee the repayment of money. In addition to the requirements
of the general election law the notice of the referendum election shall set
forth the intention of the municipality to borrow money or guarantee the
repayment of money under this Division. The proposition shall be in
substantially the following form: Shall (name of village) be authorized to borrow
$(amount) (or guarantee the repayment of $(amount)) to provide senior citizen housing under Division 29.3 of the Illinois Municipal Code?
The votes shall be recorded as "Yes" or "No". Notwithstanding the provisions of this Section, municipalities with a
population in excess of 10,000 and less than 15,000 and located within a county
having a population in excess of 2,000,000 may borrow money or guarantee the
repayment of money for new construction of senior citizen housing only after
the question has been submitted to the electors of that municipality and has
been approved by a majority of the electors voting upon that question. (Source: P.A. 87‑1153; 87‑1208; 88‑45; 88‑646, eff. 1‑1‑95.)
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