Illinois General Assembly - Full Text of HB0926
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Full Text of HB0926  96th General Assembly



State of Illinois
2009 and 2010


Introduced 2/10/2009___________, by


55 ILCS 5/5-1005   from Ch. 34, par. 5-1005

    Amends the Counties Code. Makes a technical change in a Section concerning powers of counties.

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HB0926 LRB096 09194 RLJ 19344 b

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 Section
5 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 and hold the real and personal
9     estate necessary for the uses of the county, and to
10     purchase and hold, for the benefit of the county, real
11     estate sold by virtue of judicial proceedings in which the
12     county is 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 which
22     may be erected and maintained buildings to be utilized for
23     purposes of agricultural experiments and to purchase, hold



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1     and use personal property for the care and maintenance of
2     such real estate in connection with such experimental
3     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 such
18     governmental units. Any hospital maintained by a county
19     under this Section is authorized to provide any service and
20     enter into any contract or other arrangement not prohibited
21     for a hospital that is licensed under the Hospital
22     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 the
25     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 be
12     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 and
21     the hours of opening and closing of such offices, except
22     when the days and the hours of opening and closing of the
23     office of any county officer are otherwise fixed by law;
24     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 such
3     park or recreational area. Personnel employed to provide
4     such police protection shall be conservators of the peace
5     within such park or recreational area and shall have power
6     to make arrests on view of the offense or upon warrants for
7     violation of any of the ordinances governing such park or
8     recreational area or for any breach of the peace in the
9     same manner as the police in municipalities organized and
10     existing under the general laws of the State. All such real
11     property outside the county shall be contiguous to the
12     county and within the boundaries of the State of Illinois.
13         19. To appropriate funds from the county treasury to be
14     used to provide supportive social services designed to
15     prevent the unnecessary institutionalization of elderly
16     residents, or, for operation of, and equipment for, senior
17     citizen centers providing social services to elderly
18     residents.
19         20. To appropriate funds from the county treasury and
20     loan such funds to a county water commission created under
21     the "Water Commission Act", approved June 30, 1984, as now
22     or hereafter amended, in such amounts and upon such terms
23     as the county may determine or the county and the
24     commission may agree. The county shall not under any
25     circumstances be obligated to make such loans. The county
26     shall not be required to charge interest on any such loans.



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1         21. To appropriate and expend funds from the county
2     treasury for economic development purposes, including the
3     making of grants to any other governmental entity or
4     commercial enterprise deemed necessary or desirable for
5     the promotion of economic development in the county.
6         22. To lease space on a telecommunications tower to a
7     public or private entity.
8     All contracts for the purchase of coal under this Section
9 shall be subject to the provisions of "An Act concerning the
10 use of Illinois mined coal in certain plants and institutions",
11 filed July 13, 1937, as amended.
12 (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09.)