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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1831 Introduced 1/29/2025, by Rep. Dave Vella SYNOPSIS AS INTRODUCED: | | 55 ILCS 5/5-1005 | from Ch. 34, par. 5-1005 |
| Amends the Counties Code. Provides that each county shall have power to declare what are nuisances, including, but not limited to, sound amplification, construction noise, and noise from off-road vehicles, and to take all necessary measures to abate nuisances within the county's jurisdiction. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Counties Code is amended by changing |
| 5 | | Section 5-1005 as follows: |
| 6 | | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005) |
| 7 | | Sec. 5-1005. Powers. Each county shall have power: |
| 8 | | 1. To purchase and hold the real and personal estate |
| 9 | | necessary for the uses of the county, and to purchase and |
| 10 | | hold, for the benefit of the county, real estate sold by |
| 11 | | virtue of judicial proceedings in which the county is |
| 12 | | plaintiff. |
| 13 | | 2. To sell and convey or lease any real or personal |
| 14 | | estate owned by the county. |
| 15 | | 3. To make all contracts and do all other acts in |
| 16 | | relation to the property and concerns of the county |
| 17 | | necessary to the exercise of its corporate powers. |
| 18 | | 4. To take all necessary measures and institute |
| 19 | | proceedings to enforce all laws for the prevention of |
| 20 | | cruelty to animals. |
| 21 | | 5. To purchase and hold or lease real estate upon |
| 22 | | which may be erected and maintained buildings to be |
| 23 | | utilized for purposes of agricultural experiments and to |
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| 1 | | purchase, hold and use personal property for the care and |
| 2 | | maintenance of such real estate in connection with such |
| 3 | | experimental purposes. |
| 4 | | 6. To cause to be erected, or otherwise provided, |
| 5 | | suitable buildings for, and maintain a county hospital and |
| 6 | | necessary branch hospitals and/or a county sheltered care |
| 7 | | home or county nursing home for the care of such sick, |
| 8 | | chronically ill or infirm persons as may by law be proper |
| 9 | | charges upon the county, or upon other governmental units, |
| 10 | | and to provide for the management of the same. The county |
| 11 | | board may establish rates to be paid by persons seeking |
| 12 | | care and treatment in such hospital or home in accordance |
| 13 | | with their financial ability to meet such charges, either |
| 14 | | personally or through a hospital plan or hospital |
| 15 | | insurance, and the rates to be paid by governmental units, |
| 16 | | including the State, for the care of sick, chronically ill |
| 17 | | or infirm persons admitted therein upon the request of |
| 18 | | such governmental units. Any hospital maintained by a |
| 19 | | county under this Section is authorized to provide any |
| 20 | | service and enter into any contract or other arrangement |
| 21 | | not prohibited for a hospital that is licensed under the |
| 22 | | Hospital Licensing Act, incorporated under the General |
| 23 | | Not-For-Profit Corporation Act, and exempt from taxation |
| 24 | | under paragraph (3) of subsection (c) of Section 501 of |
| 25 | | the Internal Revenue Code. |
| 26 | | 7. To contribute such sums of money toward erecting, |
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| 1 | | building, maintaining, and supporting any non-sectarian |
| 2 | | public hospital located within its limits as the county |
| 3 | | board of the county shall deem proper. |
| 4 | | 8. To purchase and hold real estate for the |
| 5 | | preservation of forests, prairies and other natural areas |
| 6 | | and to maintain and regulate the use thereof. |
| 7 | | 9. To purchase and hold real estate for the purpose of |
| 8 | | preserving historical spots in the county, to restore, |
| 9 | | maintain and regulate the use thereof and to donate any |
| 10 | | historical spot to the State. |
| 11 | | 10. To appropriate funds from the county treasury to |
| 12 | | be used in any manner to be determined by the board for the |
| 13 | | suppression, eradication and control of tuberculosis among |
| 14 | | domestic cattle in such county. |
| 15 | | 11. To take all necessary measures to prevent forest |
| 16 | | fires and encourage the maintenance and planting of trees |
| 17 | | and the preservation of forests. |
| 18 | | 12. To authorize the closing on Saturday mornings of |
| 19 | | all offices of all county officers at the county seat of |
| 20 | | each county, and to otherwise regulate and fix the days |
| 21 | | and the hours of opening and closing of such offices, |
| 22 | | except when the days and the hours of opening and closing |
| 23 | | of the office of any county officer are otherwise fixed by |
| 24 | | law; but the power herein conferred shall not apply to the |
| 25 | | office of State's Attorney and the offices of judges and |
| 26 | | clerks of courts and, in counties of 500,000 or more |
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| 1 | | population, the offices of county clerk. |
| 2 | | 13. To provide for the conservation, preservation and |
| 3 | | propagation of insectivorous birds through the expenditure |
| 4 | | of funds provided for such purpose. |
| 5 | | 14. To appropriate funds from the county treasury and |
| 6 | | expend the same for care and treatment of tuberculosis |
| 7 | | residents. |
| 8 | | 15. In counties having less than 1,000,000 |
| 9 | | inhabitants, to take all necessary or proper steps for the |
| 10 | | extermination of mosquitoes, flies or other insects within |
| 11 | | the county. |
| 12 | | 16. To install an adequate system of accounts and |
| 13 | | financial records in the offices and divisions of the |
| 14 | | county, suitable to the needs of the office and in |
| 15 | | accordance with generally accepted principles of |
| 16 | | accounting for governmental bodies, which system may |
| 17 | | include such reports as the county board may determine. |
| 18 | | 17. To purchase and hold real estate for the |
| 19 | | construction and maintenance of motor vehicle parking |
| 20 | | facilities for persons using county buildings, but the |
| 21 | | purchase and use of such real estate shall not be for |
| 22 | | revenue producing purposes. |
| 23 | | 18. To acquire and hold title to real property located |
| 24 | | within the county, or partly within and partly outside the |
| 25 | | county by dedication, purchase, gift, legacy or lease, for |
| 26 | | park and recreational purposes and to charge reasonable |
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| 1 | | fees for the use of or admission to any such park or |
| 2 | | recreational area and to provide police protection for |
| 3 | | such park or recreational area. Personnel employed to |
| 4 | | provide such police protection shall be conservators of |
| 5 | | the peace within such park or recreational area and shall |
| 6 | | have power to make arrests on view of the offense or upon |
| 7 | | warrants for violation of any of the ordinances governing |
| 8 | | such park or recreational area or for any breach of the |
| 9 | | peace in the same manner as the police in municipalities |
| 10 | | organized and existing under the general laws of the |
| 11 | | State. All such real property outside the county shall be |
| 12 | | contiguous to the county and within the boundaries of the |
| 13 | | State of Illinois. |
| 14 | | 19. To appropriate funds from the county treasury to |
| 15 | | be used to provide supportive social services designed to |
| 16 | | prevent the unnecessary institutionalization of elderly |
| 17 | | residents, or, for operation of, and equipment for, senior |
| 18 | | citizen centers providing social services to elderly |
| 19 | | residents. |
| 20 | | 20. To appropriate funds from the county treasury and |
| 21 | | loan such funds to a county water commission created under |
| 22 | | the "Water Commission Act", approved June 30, 1984, as now |
| 23 | | or hereafter amended, in such amounts and upon such terms |
| 24 | | as the county may determine or the county and the |
| 25 | | commission may agree. The county shall not under any |
| 26 | | circumstances be obligated to make such loans. The county |
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| 1 | | shall not be required to charge interest on any such |
| 2 | | loans. |
| 3 | | 21. To appropriate and expend funds from the county |
| 4 | | treasury for economic development purposes, including the |
| 5 | | making of grants to any other governmental entity or |
| 6 | | commercial enterprise deemed necessary or desirable for |
| 7 | | the promotion of economic development in the county. |
| 8 | | 22. To lease space on a telecommunications tower to a |
| 9 | | public or private entity. |
| 10 | | 23. In counties having a population of 100,000 or less |
| 11 | | and a public building commission organized by the county |
| 12 | | seat of the county, to cause to be erected or otherwise |
| 13 | | provided, and to maintain or cause to be maintained, |
| 14 | | suitable facilities to house students pursuing a |
| 15 | | post-secondary education at an academic institution |
| 16 | | located within the county. The county may provide for the |
| 17 | | management of the facilities. |
| 18 | | 24. To declare what are nuisances, including, but not |
| 19 | | limited to, sound amplification, construction noise, and |
| 20 | | noise from off-road vehicles, and to take all necessary |
| 21 | | measures to abate nuisances within the county's |
| 22 | | jurisdiction. |
| 23 | | All contracts for the purchase of coal under this Section |
| 24 | | shall be subject to the provisions of "An Act concerning the |
| 25 | | use of Illinois mined coal in certain plants and |
| 26 | | institutions", filed July 13, 1937, as amended. |